Tennessee § 62-18-116 - Denial, suspension or revocation of certificate — Disciplinary action.

§ 62-18-116. Denial, suspension or revocation of certificate — Disciplinary action.

The board may refuse to issue a certificate of registration, may revoke, suspend or refuse to renew a certificate of registration or may take other lawful disciplinary action against any land surveyor registered under this part for any of the following causes: Any fraud or deceit in obtaining a certificate of registration; Any incompetency, misconduct or gross negligence in the practice of land surveying; Any violation of this part or of any rules duly adopted under this part; Any failure to comply with the minimum acceptable standards of practice established pursuant to § 62-18-106(c); Any conviction of a felony for the commission of an offense that bears directly on the person's fitness to practice competently. However, an action taken under this subdivision (a)(1)(E) shall be subject to the applicable provisions of the Fresh Start Act that are compiled in chapter 76, part 1 of this title; or Any revocation, suspension, disciplinary action or voluntary surrender of a license or certificate of registration to practice land surveying in any jurisdiction. Any person may prefer charges against any land surveyor registered under this part on any of the grounds in subdivision (a)(1). The charges shall be in writing, sworn to by the complainant, and shall specifically state the factual basis for the charges. Subdivision (a)(2) shall not be construed to preclude the board from filing charges against a land surveyor on its own motion. Nothing in this part shall be construed to negate the right of any person, partnership, firm, joint stock association or corporation from appealing to the civil courts for relief. The affirmative vote of a majority of the members of the board shall be necessary in order to revoke the certificate of registration of any land surveyor registered under this part or to reissue a certificate of registration to any person whose certificate has been revoked. The board shall notify the register of deeds of each county that would likely be affected by the revocation or suspension of a certificate of registration or the reissuance of a revoked or suspended certificate of registration. Acts 1969, ch. 207, § 11; 1980, ch. 451, § 5; T.C.A., § 62-1815; Acts 1983, ch. 257, §§ 7, 8; 1998, ch. 676, §§ 3-5; 2016, ch. 719, § 4; 2018, ch. 745, § 10. Compiler's Notes. Acts 2016, ch. 719, § 11 provided that this act, which amended (a)(1)(E), shall take effect on April 6, 2016, and shall apply to actions instituted by state entities on or after April 6, 2016.