(For Effective Date, See note.) General Powers of Board; Injunctions; Continuing Education

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  1. In carrying out this chapter, in addition to other powers conferred upon it under this chapter, the board shall have the power:
    1. To adopt and enforce regulations implementing this chapter, including regulations governing the professional conduct of those individuals registered by it;
    2. Under the hand of its chairman or his or her delegate and the seal of the board, to subpoena witnesses and compel their attendance and to require thereby the production of books, papers, documents, and other things relevant to such investigation in order to investigate conduct subject to regulation by the board; the chairman or the member of the board who is his or her delegate may administer oaths to witnesses appearing before the board; and the board may secure the enforcement of its subpoenas in the manner provided by Chapter 13 of Title 50, the "Georgia Administrative Procedure Act"; and
    3. To maintain in its name an action for injunctive or other appropriate legal or equitable relief to remedy violations of this chapter and, in pursuing equitable remedies, it shall not be necessary that the board allege or prove that it has no adequate remedy at law.
  2. (For effective date, see note.) In addition to other powers conferred upon the board under this chapter, the board shall through rules and regulations require each individual seeking renewal of a certificate of registration as a professional engineer or a professional structural engineer or a license as a professional land surveyor to complete board approved continuing education of not more than 30 hours biennially for professional engineers and professional structural engineers and not more than 15 hours biennially for professional land surveyors. The board shall be authorized to approve courses offered by institutions of higher learning or offered by other institutions or organizations. The board shall randomly audit some applications for renewal of a certificate of registration or license to enforce compliance with this subsection. The continuing education requirements adopted by the board shall recognize the continuing education requirements imposed by other states to the extent that such continuing education courses meet the requirements imposed by the board. The board shall be authorized to waive the continuing education requirements in cases of hardship, disability, or illness or under such other circumstances as the board deems appropriate. The board shall waive the continuing education requirement for individuals over the age of 65 who have retired from active practice and who apply for an inactive license and for individuals over the age of 65 who are engaged in the active practice of their profession who have had a valid active license for the previous 25 consecutive years. The requirement for continuing education including the exemptions provided for in this subsection shall apply to each licensing renewal cycle which begins after the 1996 renewal cycle.

(Ga. L. 1945, p. 294, § 12; Code 1933, § 84-2106, enacted by Ga. L. 1975, p. 1048, § 1; Ga. L. 1995, p. 860, § 1; Ga. L. 2001, p. 296, § 1; Ga. L. 2018, p. 583, § 1/SB 425; Ga. L. 2020, p. 642, § 2/SB 310.)

RESEARCH REFERENCES

ALR.

- Disqualification, for bias or interest, of member of occupation or profession sitting in license revocation proceeding, 97 A.L.R.2d 1210.


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