Guam § 32122 - Violations and Penalties.

§ 32122. Violations and Penalties.

(a) Civil Penalties for Non-Licensees:

(1) In addition to any other provision of law, the Board may enter

an order assessing a civil penalty against any person, firm, partnership,

limited liability company or corporation found guilty by the Board of:

(A) engaging in the practice or offer to practice engineering,

architecture, landscape architecture or land surveying in this

jurisdiction without being licensed in accordance with the

provisions of this Chapter;

(B) using or employing the words “engineer”,

“engineering”, “architect”, “architecture”, “landscape architect”,

“landscape architecture”, “surveyor”, “surveying”, or any

modification or derivative thereof in its name or form of business

activity, except as authorized in this Chapter;

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(C) presenting or attempting to use the certificate of

licensure or the seal of another licensed engineer, architect,

landscape architect or land surveyor;

(D) giving false or forged evidence of any kind to the Board

or any member thereof in obtaining or attempting to obtain a

certificate of licensure;

(E) falsely impersonating any other licensed engineer,

architect, landscape architect or land surveyor of like or different

name; or

(F) using or attempting to use an expired, suspended or

revoked or non-existent certificate of licensure or authorization.

(2) A civil penalty levied under this Section may not be less than

$5,000 for each offense.

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

offense.

(4) 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 deterrent to the violation;

(B) the circumstances leading to the violation;

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

the public;

(D) the economic benefits gained by the violator as a

result of non-compliance; and

(E) the interest of the public.

(5) Before issuing an order under this Section, the Board shall

provide the person written notice and opportunity to request a hearing

on the record, which need not be in accordance with the provisions of

the Administrative Adjudication Law.

(6) A person aggrieved by the levy of a civil penalty under this

Section, may file an appeal with the Superior Court for judicial review

of the penalty aforementioned.

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(7) If a person fails to pay a civil penalty within thirty (30) days

after the entry of an order under Subsection (a)(1) of this Section, or if

the order is stayed pending an appeal, within ten (10) days after the

court issues a final judgment in favor of the Board of an order appealed

in accordance with Subsection (a)(6) of this Section, the Board shall

notify the Attorney General. The Attorney General may commence a

civil action to recover the amount of the penalty, plus attorney’s fees

and costs.

(8) An action to enforce an order under this Section may be

combined with an action of an injunction.

(b) Criminal Offenses

(1) Any person who shall practice, or offer to practice,

engineering, architecture, landscape architecture or land surveying on

Guam without being registered in accordance with the provisions of

this Chapter, or any person, firm, partnership, organization,

association, corporation or other entity using or employing the words,

“Engineer” or “Engineering”, “Architect” or “Architecture”,

“Landscape Architect”, “Land Surveyor” or “Land Surveying” or any

modification or derivative thereof in its name or form of business or

activity except as authorized in this Chapter, or any person presenting

or attempting to use the Certificate of Registration or the seal of

another, or any person who shall give any false or forged evidence of

any kind to the Board or to any member thereof if obtaining or

attempting to obtain a Certificate of Registration, or any person who

shall falsely impersonate any other registrant of like or different name,

or any person who shall attempt to use an expired or revoked or non-

existent Certificate of Registration, or who shall practice or offer to

practice when not qualified, or any person who falsely claims that he is

registered under this Chapter, or any person who shall violate any of

the provisions of this Chapter, shall be guilty of a petty misdemeanor

for the first offense, and a third degree felony for the second or any

subsequent offenses.

(2) It shall be the duty of all duly constituted officers of Guam to

enforce the provisions of this Chapter and to prosecute any person

violating same.

(3) The Attorney General of Guam shall act as legal advisor to

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the Board and render such legal assistance as may be necessary in

carrying out the provisions of this Chapter. The Board may employ

independent counsel and necessary assistance to aid in the enforcement

of this Chapter, and the compensation and expenses, therefore, shall be

paid from funds of the Board.

(4) Any person who is not registered as a professional engineer,

architect, landscape architect or land surveyor under this Chapter and

who, by written or verbal claim, sign, advertisement, letterhead, card or

in any other way represents himself to be a professional engineer,

architect, landscape architect or land surveyor or through the use of

some other title implies that he is a professional engineer, architect,

landscape architect or land surveyor or that he is registered under this

Chapter or holds himself out as able to perform any engineering service

or work or any other service designated by the practitioner which is

recognized as engineering, architecture, landscape architecture or land

surveying shall be guilty of a petty misdemeanor.