Arkansas Code of 1987 (2023) › Title 17 - PROFESSIONS, OCCUPATIONS, AND BUSINESSES (§§ 17-1-101 — 17-107-311) › Subtitle 2 - NONMEDICAL PROFESSIONS (§§ 17-10-101 — 17-56-202) › Chapter 48 - SURVEYORS (§§ 17-48-101 — 17-48-304) › Subchapter 2 - REGISTRATION (§§ 17-48-201 — 17-48-208) › Section 17-48-205 - Administrative violations and penalties

(a)
The State Board of Licensure for Professional Engineers and Professional Surveyors may suspend, revoke, or refuse to issue, restore, or renew a certificate of licensure of, or place on probation, fine, or reprimand a professional surveyor who is:
(1)
Found guilty of:
(A)
Fraud or deceit in obtaining, attempting to obtain, or renewing a certificate of licensure or certificate of authorization;
(B)
Negligence, incompetency, or misconduct in the practice of surveying;
(C)
Failure to comply with this chapter, the rules of the board, or an order of the board;
(D)
Discipline by another state, territory, the District of Columbia, a foreign country, the United States Government, or any other governmental agency, if at least one (1) of the grounds for discipline is the same or substantially equivalent to those contained in this section;
(E)
Failure within thirty (30) days to provide information requested by the board as a result of a formal or informal complaint to the board that would indicate a violation of this chapter;
(F)
Knowingly making false statements or signing false statements, certificates, or affidavits to induce payment;
(G)
Aiding or assisting another person in violating this chapter or the rules of the board;
(H)
Violating a term of probation imposed by the board;
(I)
Using a seal or practicing surveying while the professional surveyor's license is suspended, revoked, nonrenewed, or inactive;
(J)
Signing, affixing the professional surveyor's seal, or permitting the professional surveyor's seal or signature to be affixed to an instrument of practice that has not been prepared or completely checked by the professional surveyor or under the professional surveyor's direct supervision or control;
(K)
Engaging in dishonorable, unethical, or unprofessional conduct of character likely to deceive, defraud, or harm the public;
(L)
Providing false testimony or information to the board; or
(M)
Habitual intoxication or addiction to the use of drugs or alcohol;
(2)
Found guilty of or enters a plea of guilty or nolo contendere to:
(A)
A felony listed under §
17-3-102
;
(B)
A crime of which an essential element is dishonesty; or
(C)
A crime that is directly related to the practice of surveying; or
(3)
Subject to disciplinary action by another state, territory, the District of Columbia, a foreign country, the United States Government, or other governmental agency, if at least one (1) of the grounds for discipline is the same or substantially equivalent to those contained in this section.
(b)
The board may take the following action against a professional surveyor:
(1)
Suspend or revoke a certificate of licensure;
(2)
Refuse to issue, restore, or renew a certificate of licensure;
(3)
Place on probation, impose a fine, or reprimand; or
(4)
A combination of the above.
(c)
A person that violates this chapter or a rule of the board shall pay a civil penalty to the board of not more than five thousand dollars ($5,000) for each offense.
(d)
(1)
The board shall adopt rules of professional conduct under §
17-48-104
that are to be provided to an applicant for licensure.
(2)
The board may amend these rules of professional conduct from time to time and shall notify each licensee in writing of the amendments.
(e)
The board may:
(1)
Revoke a certificate of authorization;
(2)
Suspend a certificate of authorization for a time not exceeding two (2) years of a firm when one (1) or more of its officers or directors have been found guilty of conduct that would authorize a revocation or suspension of their certificates of licensure under this section;
(3)
Place a firm on probation for a period and subject to the conditions as the board may specify; or
(4)
Levy a fine in an amount not more than five thousand dollars ($5,000) for each offense.
(f)
The board may levy a fine in an amount not more than five thousand dollars ($5,000) for each offense against nonlicensees that violate this chapter.
Amended by Act 2019, No. 990,§ 55, eff. 7/24/2019.
Acts 1967, No. 101, § 9; 1977, No. 807, § 5; A.S.A. 1947, § 71-2308; Acts 2005, No. 1178, § 14; 2009, No. 444, § 7; 2011, No. 898, § 4.