2023 Colorado Revised Statutes › Title 12 - PROFESSIONS AND OCCUPATIONS (§§ 12-1-101 — 12-315-310) › BUSINESS PROFESSIONS AND OCCUPATIONS (§§ 12-100-101 — 12-165-113) › Article 120 - ENGINEERS, SURVEYORS, AND ARCHITECTS (§§ 12-120-101 — 12-120-417) › Part 3 - LAND SURVEYORS (§§ 12-120-301 — 12-120-316) › Section 12-120-305 - Unlawful practice - penalties - enforcement

(1)
It is unlawful for any individual to practice or offer to practice professional land surveying in Colorado without being licensed in accordance with the provisions of this part 3, or for any individual or entity to use or employ the words "land surveyor", "land surveying", or "professional land surveyor" or words of similar meaning or any modification or derivative except as authorized in this part 3.
(2)
It is unlawful for any individual, partnership, professional association, joint stock company, limited liability company, or corporation to practice, or offer to practice, land surveying in this state unless the individual in responsible charge has complied with the provisions of this part 3.
(3)
The practice of professional land surveying in violation of any of the provisions of this part 3 shall be either:
(a)
Restrained by injunction in an action brought by the attorney general or by the district attorney in accordance with section
12-20-406
; or
(b)
Ceased by order of the board pursuant to section
12-20-405
.
(4)
Any person who practices or offers or attempts to practice professional land surveying without an active license issued under this part 3 is subject to penalties pursuant to section
12-20-407(1)(a)
.
(5)
It is the duty of all duly constituted officers of the law of Colorado, or any political subdivision thereof, to enforce the provisions of this part 3 and to prosecute any person violating this part 3.
(6)
The attorney general or the attorney general's assistant shall act as legal advisor to the board and render timely legal assistance as may be necessary in carrying out the provisions of this part 3. With the concurrence of the attorney general, the board may employ counsel and assistance necessary to aid in the enforcement of this part 3, and the compensation and expenses therefor shall be paid from the funds of the board.
(7)
Any individual practicing professional land surveying, as defined in this part 3, who is not licensed or exempt shall not collect compensation of any kind for the practice, and, if compensation has been paid, the compensation shall be refunded in full.
(8)
After finding that an individual has unlawfully engaged in the practice of professional land surveying, the board may assess a fine against the unlawfully engaged individual in an amount not less than fifty dollars and not more than five thousand dollars for each violation proven by the board.
Renumbered from C.R.S. §
12-25-205
and amended by 2019 Ch. 136,§ 1, eff. 10/1/2019.
L. 85: Entire article R&RE, p. 476, § 1, effective July 1. L. 94: Entire section amended, p. 1496, § 23, effective July 1. L. 2002: (4) amended, p. 1475, § 62, effective October 1. L. 2004: (1) to (3), (7), and (8) amended, p. 1304, § 36, effective May 28; (8) amended, p. 1817, § 51, effective August 4. L. 2006: (3.5)(b) amended, p. 784, § 18, effective July 1; (3) repealed and IP(3.5) and (4) amended, pp. 86, 85, §§ 21, 19, effective August 7.
This section is similar to former § 12-25-205 as it existed prior to 2019.