§ 5-51-16 - Penalty for violations – Injunctive relief.
SECTION 5-51-16
§ 5-51-16 Penalty for violations –Injunctive relief. – (a) No individual shall: (1) practice or offer to practice landscapearchitecture in this state; or (2) use any title, sign, card, or deviceimplying that the individual is a landscape architect or is competent topractice landscape architecture in this state; or (3) use in connection withhis or her name or otherwise any title or description conveying or tending toconvey the impression that the individual is a landscape architect or iscompetent to practice landscape architecture in this state; or (4) use ordisplay any words, letters, seals, or advertisements indicating that theindividual is a landscape architect or is competent to practice landscapearchitecture in this state, unless that individual holds a current validlicense issued pursuant to this chapter or is specifically exempted fromholding a license under the provisions of this chapter.
(b) No sole proprietorship, partnership, limited liabilitypartnership, corporation or limited liability company shall: (1) practice oroffer to practice landscape architecture in this state; (2) use any title,sign, card, or device implying that the sole proprietorship, partnership,limited liability partnership, corporation or limited liability company iscompetent to practice landscape architecture in this state; (3) use inconnection with its name or otherwise any title or description conveying ortending to convey the impression that the entity is a landscape architecturalfirm or is competent to practice landscape architecture in this state; or (4)use or display any words, letters, figures, seals, or advertisements indicatingthat the entity is a landscape architectural firm or is competent to practicelandscape architecture in this state, unless that sole proprietorship,partnership, limited liability partnership, corporation or limited liabilitycompany complies with the requirements of this chapter.
(c) Any individual, sole proprietorship, partnership, limitedliability partnership, corporation or limited liability company which: (1)violates subsection (a) or (b) of this section; (2) presents or attempts to usethe license/certificate of authorization of another; (3) gives any false orforged evidence of any kind to the board or to any member thereof in obtainingor attempting to obtain a license/certificate of authorization; (4) falselyimpersonates any other registration whether of a like or different name; (5)uses or attempts to use an expired, revoked, or nonexistent license/certificateof authorization; (6) falsely claims to be registered under this chapter; or(7) otherwise violates any provision of this chapter, shall upon determinationthereof by a court of competent jurisdiction, be subject to a civil penalty ofone thousand dollars ($1,000) for the first offense, and a civil penalty of twothousand dollars ($2,000) for each subsequent offense; and in the court'sdiscretion and upon good cause shown, reimburse the board for any and all fees,expenses, and costs incurred by the board in connection with the proceedings,including attorneys fees (which amounts shall be deposited as generalrevenues); and be subject to, in the board's discretion, public censure orreprimand.
(d) The board shall have the power to institute injunctionproceedings in superior court to prevent violations of subsection (a) or (b) ofthis section and/or for violations of § 5-51-3. In injunction proceedings,the board shall not be required to prove that an adequate remedy at law doesnot exist, or that substantial or irreparable damage would result fromcontinued violations. The superior court, in its discretion and in addition toany injunctive relief granted to the board, may order that any person or entityin violation of this section shall:
(i) Upon good cause shown, reimburse the board for any andall fees, expenses, and costs incurred by the board in connection with theproceedings, including attorneys fees (which amounts shall be deposited asgeneral revenues); and/or
(ii) Be subject to public censure or reprimand.