Guam PEALS Board

§32101. NAME
§32102. GENERAL PROVISIONS
§32103. DEFINITIONS
§32104. BOARD - APPOINTMENTS; TERMS
§32105. BOARD - QUALIFICATIONS OF MEMBERS
§32106. BOARD - COMPENSATION AND EXPENSES
§32107. BOARD - REMOVAL OF MEMBERS - VACANCIES
§32108. BOARD - ORGANIZATION AND MEETINGS
§32109. BOARD - POWERS
§32110. RECORDS AND REPORTS
§32111. RECEIPTS AND DISBURSEMENTS
§32112. ROSTER
§32113. GENERAL REQUIREMENTS FOR REGISTRATION
§32114. APPLICATION AND REGISTRATION FEES
§32115. EXAMINATIONS
§32116. CERTIFICATE - SEALS
§32117. EXPIRATIONS AND RENEWALS
§32118. REPLACEMENT OF CERTIFICATES
§32119. PUBLIC WORKS
§32120. DISCIPLINARY ACTION - Revocation, Suspension or Reprimand
§32121. DISCIPLINARY ACTION - PROCEDURES
§32122. VIOLATIONS AND PENALTIES
§32123. AUTHORIZATION CERTIFICATES
§32124. EXEMPTION CLAUSE
§32125. DUTIES OF RECORDERS
§32126. INVALID SECTIONS

32120. DISCIPLINARY ACTION - REVOCATION, SUSPENSION OR REPRIMAND

(a) The publication of the rules of conduct for professional engineers, architects and land surveyors as provided for in §32109 or this Title 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 to reprimand, fine or any combination thereof, or levy a civil penalty in an amount not less than Five Thousand Dollars ($5,000) for each offense against any engineer, architect, land surveyor or other individual who is found guilty of:
(1) the practice of any fraud or deceit in obtaining a certificate of registration or certificate of authorization;

(2) any gross negligence, incompetency, or misconduct, in the practice of his profession, engineering, architecture or land surveying;

(3) any felony or any crime involving moral turpitude, in which case a certified copy of the record of conviction shall be conclusive evidence thereof;

(4) violation of the rules of professional conduct adopted and promulgated by the Board;

(5) violation of any provision of this Title;

(6) aiding and abetting in the practice of professional engineering, architecture, or land surveying any person not duly authorized to practice engineering, architecture, or land surveying under the provisions of this Title;

(7) permitting his seals to be affixed to any plans, specifications, or drawings that were not prepared by him or under his personal supervision, by his employee or subordinate;

(8) 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 Act;

(9) convictions for 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

(10) practicing or offering to practice engineering, architecture or land surveying without a current license from this Board.
(c) A record or conviction of any of the offenses provided in paragraph (b)(1) through (b)(10) above shall be conclusive evidence thereof.

(d) The Board shall have the power to:
(1) revoke a certificate of authorization, or

(2) to suspend a certificate of authorization for a period of time not exceeding two (2) years of any corporation, partnership or association where one or more of his officers or principals have been found guilty under this Section, or

(3) assess fines against the firm.
(e) Each day of continued violation may constitute a separate offense.

32121. DISCIPLINARY ACTION - PROCEDURES

(a) Any person may prefer charges of fraud, deceit, gross negligence, incompetence, misconduct, or violation of the rules of professional conduct, against any individual registrant, or against any corporation, partnership or association holding a certificate of authorization. Such charges shall be in writing and shall be sworn to by the person or persons making them and shall be filed with the Secretary/Treasurer of the Board. Furthermore, notwithstanding Subsection (g) of this Section, the Board may take action to suspend or revoke a certificate of authorization from any individual registrant, corporation, partnership or association when it has received notice via news media and/or radio that said registrant, corporation, partnership or association has been found guilty of a crime.

(b) All charges, unless dismissed by the Board as unfounded or trivial, shall be heard by the Board within three (3) months after the date on which the charges have been determined to have merit by the Board Administrator or Board Investigator.

(c) The time and place for said hearing shall be fixed by the Board, and a copy of the charges, together with a notice of the time and place of hearing, shall be personally served on or mailed to the last known address of such individual registrant, or corporation, partnership, or association holding a certificate of authorization, at least thirty (30) days before the date fixed for the hearing. At any hearing, the accused shall have the right to appear in person or by counsel, or both, to cross-examine witnesses in his or its defense, and to produce evidence and witnesses in his own defense. If the accused person fails or refuses to appear, the Board may proceed to hear and determine the validity of the charges.

(d) If, after such hearing, a majority of the Board vote in favor of sustaining the charges, the Board shall reprimand, suspend, refuse to renew, or revoke the certificate of registration or certificate of authorization. The Board, for reasons it may deem sufficient, may reissue a certificate of registration to any person whose certificate has been revoked.

(e) Any individual registrant having a certificate of registration, or corporation, partnership or association holding a certificate of authorization, aggrieved by any action of the Board in denying, suspending, refusing to renew or revoking his certificate of registration, or its certificate of authorization, may appeal therefrom to the proper court under normal civil procedures.

(f) The Board may, upon petition of an individual registrant or corporation, partnership or association holding a certificate of authorization, reissue a certificate of registration or authorization, provided that a majority of the members of the Board vote in favor of such issuance.

(g) No certificate of registration or authorization shall be suspended, revoked or denied renewal by the Board, except after a hearing in accordance with the provisions of the Administrative Adjudication Law.

32122. VIOLATIONS AND PENALTIES

(a) Any person who shall practice, or offer to practice, engineering, architecture or land surveying on Guam without being registered in accordance with the provisions of this Title, or any person, firm, partnership, organization, association, corporation or other entity using or employing the words, 'Engineer' or 'Engineering', 'Architect' or 'Architecture', '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 Title, 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 Title, or any person who shall violate any of the provisions of this Title, shall be guilty of a petty misdemeanor.

(b) It shall be the duty of all duly constituted officers of the territory to enforce the provisions of this Title and to prosecute any person violating same.

(c) The Attorney General of Guam shall act as legal advisor to the Board and render such legal assistance as may be necessary in carrying out the provisions of this Act. The Board may employ counsel and necessary assistance to aid in the enforcement of this Title and the compensation and expenses therefor shall be paid from funds of the Board.

(d) Any person who is not registered as a professional engineer under this Title and who, by verbal claim, sign, advertisement, letterhead, card or in any other way represents himself to be a professional engineer or through the use of some other title implies that he is a professional engineer or that he is registered under this Title 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 shall be guilty of a petty misdemeanor.

(e) Any person who is not registered as a professional architect under this Title and who, by verbal claim, sign, advertisement, letterhead, card or in any other way represents himself to be a professional architect or through the use of some other title implies that he is a professional architect or that he is registered under this Title or holds himself out as able to perform any architectural service or work or any other service designated by the practitioner which is recognized as architecture shall be guilty of a petty misdemeanor.

(f) Any person who is not registered as a professional land surveyor under this Title and who, by verbal claim, sign, advertisement, letterhead, card or in any other way represents himself to be a professional land surveyor or through the use of some other title implies that he is a professional land surveyor or that he is registered under this Title or holds himself out as able to perform any land surveying service or work or any other service designated by the practitioner which is recognized as land surveying shall be guilty of a petty misdemeanor.