C.R.S. Section 12-120-306
Disciplinary actions

  • grounds for discipline

(1)

The board may take disciplinary or other action as authorized by section 12-20-404, limit the scope of practice of, or require additional training of any professional land surveyor or land surveyor-intern for:

(a)

Engaging in fraud, misrepresentation, or deceit in obtaining or attempting to obtain a license or enrollment;

(b)

Failing to meet the generally accepted standards of the practice of land surveying through act or omission;

(c)

A felony that is related to the ability to practice land surveying. A certified copy of the judgment of a court of competent jurisdiction of the conviction or plea shall be presumptive evidence of the conviction or plea for the purposes of any hearing under this part 3. A plea of nolo contendere, or its equivalent, accepted by the court shall be considered as a conviction.

(d)

Violating, attempting to violate, or aiding or abetting the violation or attempted violation of:

(I)

Any provision of this part 3, an applicable provision of article 20 of this title 12, or any provision of article 50, 51, 52, or 53 of title 38;

(II)

Any rule adopted by the board in conformance with the provisions of part 1 of this article 120 or this part 3; or

(III)

Any order of the board issued in conformance with the provisions of this part 3;

(e)

Using false, deceptive, or misleading advertising;

(f)

Performing services beyond one’s competency, training, or education;

(g)

Failing to report to the board any professional land surveyor known to have violated any provision of this part 3 or any board order or rule;

(h)

Habitual or excessive use or abuse of alcohol, controlled substances, or any habit-forming drug;

(i)

Using any schedule I controlled substance, as set forth in section 18-18-203;

(j)

Failing to report to the board any malpractice claim against the professional land surveyor or any partnership, limited liability company, corporation, or joint stock association of which the professional land surveyor is a member, which claim is settled or in which judgment is rendered, within sixty days after the effective date of the settlement or judgment, if the claim concerned surveying services performed or supervised by the land surveyor;

(k)

Failing to pay any fine assessed pursuant to this part 3;

(l)

Violating any law or regulation governing the practice of professional land surveying in another state or jurisdiction. A plea of nolo contendere or its equivalent accepted by the board of another state or jurisdiction may be considered to be the same as a finding of guilty for purposes of any hearing under this part 3.

(m)

Attempting to use an expired, revoked, suspended, or nonexistent license, practicing or offering to practice when not qualified, or falsely claiming that the individual is licensed; or

(n)

Using in any manner a license, license number, or certificate that has not been issued to the individual by the board.

(2)

The board may issue and send a letter of admonition by first-class mail to a professional land surveyor or land surveyor-intern at his or her last-known address under the circumstances specified in and in accordance with section 12-20-404 (4).

(3)

In addition to any other penalty that may be imposed pursuant to this section, the board may fine any professional land surveyor violating any provision of this article 120 or any rule promulgated pursuant to this article 120 not less than fifty dollars and not more than five thousand dollars for each violation proven by the board.

(4)

The board may issue a letter of concern in accordance with section 12-20-404 (5) to a professional land surveyor or land surveyor-intern based on any of the grounds specified in subsection (1) of this section without conducting a hearing as specified in section 12-120-307 when an instance of potentially unsatisfactory conduct comes to the board’s attention but, in the board’s judgment, does not warrant formal action by the board. Letters of concern shall be confidential and shall not be disclosed to members of the public or in any court action unless the board is a party.

Source: Section 12-120-306 — Disciplinary actions - grounds for discipline, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-12.­pdf (accessed Oct. 20, 2023).

12‑120‑101
Applicability of common provisions
12‑120‑102
Definitions
12‑120‑103
State board of licensure for architects, professional engineers, and professional land surveyors - creation - composition - appointment of members - terms - meetings - program director and staff - subject to review - repeal of article
12‑120‑104
Powers and duties of the board and division
12‑120‑105
Prior actions
12‑120‑201
General provisions
12‑120‑202
Definitions
12‑120‑203
Exemptions
12‑120‑204
Forms of organizations permitted to practice
12‑120‑205
Unlawful practice - penalties - enforcement
12‑120‑206
Disciplinary actions - grounds for discipline
12‑120‑207
Disciplinary proceedings - injunctive relief procedure
12‑120‑208
Reconsideration and review of board action
12‑120‑209
Application for license
12‑120‑210
Eligibility for engineer-intern
12‑120‑211
Qualifications for engineer-interns
12‑120‑212
Eligibility for professional engineer
12‑120‑213
Qualifications for professional engineer
12‑120‑214
Licenses
12‑120‑215
Fees - disposition
12‑120‑216
Professional engineer’s seal - rules
12‑120‑301
General provisions
12‑120‑302
Definitions
12‑120‑303
Exemptions
12‑120‑304
Forms of organizations permitted to practice
12‑120‑305
Unlawful practice - penalties - enforcement
12‑120‑306
Disciplinary actions - grounds for discipline
12‑120‑307
Disciplinary proceedings - injunctive relief procedure
12‑120‑308
Reconsideration and review of board actions
12‑120‑309
Application for licensing
12‑120‑310
Eligibility for land surveyor-intern
12‑120‑311
Qualifications for land surveyor-interns
12‑120‑312
Eligibility for professional land surveyor
12‑120‑313
Qualifications for professional land surveyor
12‑120‑314
Licenses
12‑120‑315
Fees - disposition
12‑120‑316
Professional land surveyor’s seal - rules
12‑120‑401
General provisions
12‑120‑402
Definitions
12‑120‑403
Exemptions - definitions
12‑120‑404
Forms of organizations permitted to practice - requirements
12‑120‑405
Unauthorized practice - penalties - enforcement
12‑120‑406
Disciplinary actions - grounds for discipline
12‑120‑407
Disciplinary proceedings - injunctions
12‑120‑408
Reconsideration and review of board actions
12‑120‑409
Application for licensing
12‑120‑410
Professional liability - insurance
12‑120‑411
Notification to board
12‑120‑412
Eligibility for architect
12‑120‑413
Qualifications for architect licensure
12‑120‑414
Retired architects - classification - fees
12‑120‑415
Licenses
12‑120‑416
Continuing education - rules
12‑120‑417
Architect’s seal - rules
Green check means up to date. Up to date

Current through Fall 2024

§ 12-120-306’s source at colorado​.gov