§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. CERTIFICATE OF AUTHORIZATION
§32124. EXCLUSIVE JURISDICTION OF THE BOARD - Restriction on Requirement for Additional
Licenses or Fees
§32125. CONTRACT LAW LANGUAGE
§32126. EXEMPTION CLAUSE
§32127. DUTIES OF RECORDERS
§32128. INVALID SECTIONS
§32129. EFFECTIVE DATE

32120. DISCIPLINARY ACTION - REVOCATION, SUSPENSION OR REPRIMAND

  1. The publication of the rules of conduct for professional engineers, architects, landscape architects and land surveyors, as provided for in §32109 of this Chapter, shall constitute due notice to all registrants.

  2. The Board shall have the power, duty and authority to suspend, refuse to renew, or revoke a Certificate of Registration, or a Certificate of Authorization, or to reprimand, fine or any combination thereof, or levy a civil penalty in an amount determined by the Board of not more than Five Thousand Dollars ($5,000) for each offense against any engineer, architect, landscape architect, land surveyor or any individual and/or business firm who is found guilty of:

    1. the practice of any fraud or deceit in obtaining or attempting to obtain or renew a Certificate of Registration or Certificate of Authorization;

    2. any gross negligence, incompetency or misconduct in the practice of engineering, architecture, landscape architecture or land surveying;

    3. conviction of, or entry of a plea of guilty or nolo contendere to, any crime which is a felony, whether related to practice or not; and conviction of, or entry of a plea of guilty to, any crime, whether a felony, misdemeanor, or otherwise, an essential element of which is dishonesty, or which is directly related to the practice of engineering, architecture, landscape architecture or surveying;

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

    5. failure to comply with any of the provisions of this Chapter, or violation of any of the rules or regulations pertaining thereto;

    6. discipline by another jurisdiction, territory, the District of Columbia, foreign country, the United States government, or any governmental agency, if at least one (1) of the grounds for discipline is the same or substantially equivalent to those contained in this Section;

    7. 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 Chapter;

    8. knowingly making false statements or signing false statements, certifications, or affidavits, to include payment;

    9. aiding or assisting another person in violating any provision of this Chapter or the rules or regulations pertaining thereto;

    10. violating any terms of probation imposed by the Board or using a seal, or practicing engineering, architecture, landscape architecture or land surveying while the registrant’s license is suspended, revoked or non-renewed;

    11. signing, affixing or permitting his seals to be affixed to any specifications, reports, drawings, plans, plats, design information, construction documents or calculations, surveys, or revisions thereof, which have not been prepared by the licensee or under the licensee’s responsible control;

    12. engaging in dishonorable, unethical, or unprofessional conduct of a character likely to deceive, defraud, or harm the public;

    13. providing false testimony or information to the Board;

    14. 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

    15. providing engineering, architectural, landscape architectural or surveying services outside of the licensee’s areas of competence. Licensees must demonstrate by education or experience that they are competent to practice in the subject field in question.

  3. A record of conviction of any of the offenses provided in paragraph (b)(1) through (b)(15) above shall be conclusive evidence thereof.

  4. In addition to any other penalty provided in this Section, the Board shall have the power to: revoke, suspend, place on probation, fine and/or reprimand, or refuse to issue, restore or renew, the Certificate of Authorization of any firm, where one (1) or more of its officers, directors, partners, members, or managers have been found guilty of any conduct which would constitute a violation under the provisions of this Section.

  5. In addition to or in lieu of any other penalty provided in this Section, any licensee who violates a provision of this Chapter, or any rule or regulation pertaining thereto, a civil penalty in an amount determined by the Board of not more than $5,000 for each offense.

    1. Each day of continued violation may constitute a separate offense.

    2. In determining the amount of civil penalty to be assessed pursuant to this Section, the Board may consider such factors as the following:

      1. whether the amount imposed will be a substantial economic determent to the violation;

      2. the circumstances leading to the violation; and

      3. the severity of the violation and the risk of harm to the public.


32121. DISCIPLINARY ACTION - PROCEDURES

  1. Any person may press charges of fraud, deceit, gross negligence, incompetence, misconduct, or violation of the rules of professional conduct, against any individual registrant, or against any corporation, limited liability company, 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. The Board may summarily take action, without compliance with the Administrative Adjudication Law, to suspend, revoke, or deny a Certificate of Registration or Authorization from any individual registrant, corporation, partnership or association, when it has received or obtained either a record of conviction or notice via news media and/or radio that said registrant, corporation, limited liability company, partnership or association has been found guilty of a crime.

  2. 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 Executive Board Administrator. At the Board’s discretion, an extension of time up to an additional three (3) months for the hearing may be granted upon the request of either party. The hearing shall be conducted in accordance with the requirements of the Administrative Adjudication Law.

  3. 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 served on or mailed to the individual registrant, or corporation, partnership, limited liability company or association holding a Certificate of Authorization, or to his designated counsel in accordance with the requirements of the Administrative Adjudication Law. 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.

  4. If, after such hearing, a majority of the Board votes in favor of sustaining the charges, the Board shall reprimand, suspend, refuse to renew, or revoke the Certificate of Registration or Certificate of Authorization.

  5. Any individual registrant having a Certificate of Registration, or corporation, partnership, limited liability company 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.

  6. The Board may, upon petition of a formerly licensed individual registrant or corporation, partnership or association, reissue a Certificate of Registration or Authorization, provided that not less than four (4) members of the seven (7) member Board, vote in favor of such issuance.

  7. 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

  1. 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:

      1. 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;

      2. 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;

      3. presenting or attempting to use the certificate of licensure or the seal of another licensed engineer, architect, landscape architect or land surveyor;

      4. 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;

      5. falsely impersonating any other licensed engineer, architect, landscape architect or land surveyor of like or different name; or

      6. 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:

      1. whether the amount imposed will be a substantial economic deterrent to the violation;

      2. the circumstances leading to the violation;

      3. the severity of the violation and the risk of harm to the public;

      4. the economic benefits gained by the violator as a result of non-compliance; and

      5. 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.

    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.

  2. 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 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.