Guam § 32120 - Disciplinary Action — Revocation, Suspension, Refusal to

§ 32120. Disciplinary Action — Revocation, Suspension, Refusal to

Issue, Restore, or Renew, Probation, Fine and/or Reprimand.

(a) The publication of the rules of conduct for professional engineers,

architects, landscape architects and land surveyors, as provided for in §

32109 of this Chapter, shall constitute due notice to all registrants.

(b) The Board shall have the power, duty and authority to suspend,

refuse to renew, or revoke a Certificate of Registration, or a Certificate of

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Authorization, or to reprimand, fine or any combination thereof, or levy a

civil penalty in an amount determined by the Board of not more than Five

Thousand Dollars ($5,000) for each offense against any engineer, architect,

landscape architect, land surveyor or any individual and/or business firm

who is found guilty of:

(1) the practice of any fraud or deceit in obtaining or attempting

to obtain or renew a Certificate of Registration or Certificate of

Authorization;

(2) any gross negligence, incompetency or misconduct in the

practice of engineering, architecture, landscape architecture or land

surveying;

(3) conviction of, or entry of a plea of guilty or nolo contendere

to, any crime which is a felony, whether related to practice or not; and

conviction of, or entry of a plea of guilty to, any crime, whether a

felony, misdemeanor, or otherwise, an essential element of which is

dishonesty, or which is directly related to the practice of engineering,

architecture, landscape architecture or surveying;

(4) any felony or any crime involving moral turpitude, in which

case a certified copy of the record of conviction shall be conclusive

evidence thereof;

(5) failure to comply with any of the provisions of this Chapter,

or violation of any of the rules or regulations pertaining thereto;

(6) discipline by another jurisdiction, territory, the District of

Columbia, foreign country, the United States government, or any

governmental agency, if at least one (1) of the grounds for discipline is

the same or substantially equivalent to those contained in this Section;

(7) failure to provide information requested by the Board as a

result of a formal or informal complaint to the Board, which would

indicate a violation of this Chapter;

(8) knowingly making false statements or signing false

statements, certifications, or affidavits, to include payment;

(9) aiding or assisting another person in violating any provision

of this Chapter or the rules or regulations pertaining thereto;

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(10) violating any terms of probation imposed by the Board or

using a seal, or practicing engineering, architecture, landscape

architecture or land surveying while the registrant’s license is

suspended, revoked or non-renewed;

(11) signing, affixing or permitting his seals to be affixed to any

specifications, reports, drawings, plans, plats, design information,

construction documents or calculations, surveys, or revisions thereof,

which have not been prepared by the licensee or under the licensee’s

responsible control;

(12) engaging in dishonorable, unethical, or unprofessional

conduct of a character likely to deceive, defraud, or harm the public;

(13) providing false testimony or information to the Board;

(14) habitual intoxication or addiction to the use of drugs or

alcohol so as to endanger health, safety and interest of the public by

impairing skill and care in professional services; or

(15) providing engineering, architectural, landscape architectural

or surveying services outside of the licensee’s areas of competence.

Licensees must demonstrate by education or experience that they are

competent to practice in the subject field in question.

(c) A record of conviction of any of the offenses provided in

paragraph (b)(1) through (b)(15) above shall be conclusive evidence thereof.

(d) In addition to any other penalty provided in this Section, the Board

shall have the power to: revoke, suspend, place on probation, fine and/or

reprimand, or refuse to issue, restore or renew, the Certificate of

Authorization of any firm, where one (1) or more of its officers, directors,

partners, members, or managers have been found guilty of any conduct

which would constitute a violation under the provisions of this Section.

(e) In addition to or in lieu of any other penalty provided in this

Section, any licensee who violates a provision of this Chapter, or any rule or

regulation pertaining thereto, a civil penalty in an amount determined by the

Board of not more than $5,000 for each offense.

(1) Each day of continued violation may constitute a separate

offense.

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(2) In determining the amount of civil penalty to be assessed

pursuant to this Section, the Board may consider such factors as the

following:

(A) whether the amount imposed will be a substantial

economic determent to the violation;

(B) the circumstances leading to the violation; and

(C) the severity of the violation and the risk of harm to the

public.