Revocation, Suspension, or Denial of Certificates, Certificates of Registration, or Licenses; Reprimands

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  1. The board shall have the power, after notice and hearing, to deny any application made to it, to revoke or suspend any certificate, certificate of registration, or license issued by it, or to reprimand any individual holding a certificate, certificate of registration, or license issued by it, upon the following grounds:
    1. Commission of any fraud or deceit in obtaining a certificate, certificate of registration, or license;
    2. Any gross negligence, incompetency, or unprofessional conduct in the practice of professional engineering or land surveying as a professional engineer or a professional land surveyor, respectively;
    3. Affixing a seal to any plan, specification, plat, or report contrary to Code Section 43-15-22;
    4. Conviction of a felony or crime involving moral turpitude in the courts of this state, the United States, or any state or territory of the United States or the conviction of an offense in another jurisdiction which, if committed in this state, would be deemed a felony. "Conviction" shall include a finding or verdict of guilt, a plea of guilty, or a plea of nolo contendere in a criminal proceeding, regardless of whether the adjudication of guilt or sentence is withheld or not entered thereon pursuant to Article 3 of Chapter 8 of Title 42 or any comparable rule or statute; or
    5. Any violation of this chapter or any rule or regulation promulgated by the board pursuant to the powers conferred on it by this chapter.
  2. "Unprofessional conduct," as referred to in paragraph (2) of subsection (a) of this Code section, includes a violation of those standards of professional conduct for professional engineers and professional land surveyors adopted by the board pursuant to the power conferred upon it to promulgate rules and regulations to effectuate the duties and powers conferred on it by this chapter.

(Ga. L. 1937, p. 294, § 22; Ga. L. 1945, p. 294, § 34; Ga. L. 1972, p. 222, § 13; Code 1933, § 84-2126, enacted by Ga. L. 1975, p. 1048, § 1; Ga. L. 1982, p. 3, § 43; Ga. L. 2018, p. 583, § 1/SB 425.)

The 2018 amendment, effective July 1, 2018, substituted "certificate, certificate of registration, or license issued by it, or to reprimand any individual holding a certificate, certificate of registration, or license" for "certificate or certificate of registration issued by it, or to reprimand any person holding a certificate or certificate of registration" in subsection (a); substituted "certificate, certificate of registration, or license" for "certificate or certificate of registration" in paragraph (a)(1); substituted "professional engineer or a professional land surveyor, respectively" for "registered engineer or land surveyor" in paragraph (a)(2); deleted "of" preceding "any state" in the first sentence of paragraph (a)(4); and inserted "professional" preceding "land surveyors" in the middle of subsection (b).

Law reviews.

- For article on the effect on receiving government-issued licenses after a conviction based on a nolo contendere plea, see 13 Ga. L. Rev. 723 (1979).

RESEARCH REFERENCES

ALR.

- Hearsay in proceeding for suspension or revocation of license to conduct business or profession, 142 A.L.R. 1388.

Surveyor's liability for mistake in, or misrepresentation as to accuracy of, survey of real property, 35 A.L.R.3d 504.

Revocation or suspension of license of professional engineer, 64 A.L.R.3d 509.


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