Code of Massachusetts Regulations
250 CMR - BOARD OF REGISTRATION OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS
Title 250 CMR 7.00 - Enforcement And Discipline
Section 7.02 - Basis for Discipline

Universal Citation: 250 MA Code of Regs 250.7

Current through Register 1531, September 27, 2024

(1) The Board may initiate disciplinary action against a Registrant or an unlicensed individual or entity on its own or upon written complaint of any individual who alleges violation of any law or regulation within the Board's jurisdiction, including but not limited to M.G.L. c. 112, §§ 61 through 65E, 81D through 81T and 250 CMR.

(2) The Board may, after a consent agreement between the parties or an opportunity for adjudicatory proceedings conducted pursuant to M.G.L. c. 30A, discipline a Registrant if it is determined that the Registrant has engaged in, without limitation to, the following types of conduct:

(a) misconduct or any crime involving moral turpitude; fraud; deceit; incompetence; negligence; or exceeding the authorized scope of their registration;

(b) practice while incapacitated by reason such as mental illness, dementia, alcohol or drugs;

(c) committing fraud or deceit in obtaining or renewing a registration or License;

(d) affixing one's Signature or seal to plans, drawings, specifications or other Instruments of Service which have not been prepared by them, or under their Direct Charge and Supervision;

(e) permitting one's name to be used for the purpose of assisting any individual to evade the provisions of the Board's laws, rules and regulations;

(f) violating any law, rule or regulation of the Board;

(g) having been convicted of a criminal offense which is reasonably related to the Practice of Engineering or Practice of Land Surveying;

(h) knowingly permitted, aided or abetted an unauthorized individual in performing activities requiring registration;

(i) continuing to practice during periods of suspension, revocation, cancellation or lapsed License;

(j) having a license or registration to practice issued by another Jurisdiction and having been disciplined by that Jurisdiction;

(k) failure to cooperate with the Board in response to a complaint or inquiry against individuals practicing engineering or surveying;

(l) providing false testimony or information to the Board;

(m) knowingly making false statements or signing false statements, certifications, or affidavits in connection with the Practice of Engineering or Practice of Land Surveying; and

(n) engaging in dishonorable, unethical, or unprofessional conduct of a character likely to deceive, defraud, or harm the public.

(3) The Board may assess and collect civil administrative penalties from an individual who, without holding a required License, engages in the Practice of Engineering or Practice of Land Surveying, per M.G.L. c. 112, § 65A.

(4) The Board may assess and collect civil administrative penalties from business entities offering engineering or land surveying services that are not in compliance with the provisions of M.G.L. c. 112, § 81R(f).

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