327.076. Licensure required, penalty for violation--complaint procedure. - Missouri Statutes

Licensure required, penalty for violation--complaint procedure.

327.076. 1. Any person who practices architecture, engineering, landsurveying, or landscape architecture, as defined in sections 327.011 to327.635, or who holds himself or herself out as able to practice suchprofession and who is not the holder of a currently valid license orcertificate of authority in Missouri, and who is not exempt from holdingsuch a license or certificate, is guilty of a class A misdemeanor. As usedin this section "practice" shall not include the rendering of opinions orgiving of testimony in a civil or criminal proceeding by a licensedprofessional.

2. The board may cause a complaint to be filed with theadministrative hearing commission, as provided in chapter 621, RSMo,against any unlicensed person who:

(1) Engages in or offers to render or engage in the practice ofarchitecture, professional engineering, land surveying, or landscapearchitecture;

(2) Uses or employs titles defined and protected by this chapter, orimplies authorization to provide or offer professional services, orotherwise uses or advertises any title, word, figure, sign, card,advertisement, or other symbol or description tending to convey theimpression that the person is licensed or holds a certificate of authorityto practice architecture, professional engineering, land surveying, orlandscape architecture;

(3) Presents or attempts to use another person's license, seal, orcertificate of authority as his or her own;

(4) Attempts to use an expired, suspended, revoked, or nonexistentlicense or certificate of authority;

(5) Affixes his or her or another architect's, engineer's, landsurveyor's, or landscape architect's seal on any plans, drawings,specifications or reports which have not been prepared by such person orunder such person's immediate personal supervision care;

(6) Gives false or forged evidence of any kind to the board or anymember of the board in obtaining or attempting to obtain a certificate oflicensure in this state or any other state or jurisdiction;

(7) Knowingly aids or abets an unlicensed or unauthorized person whoengages in any prohibited activity identified in this subsection;

(8) Violates any provision of the code of professional conduct orother rule adopted by the board; or

(9) Violates any provision of subsection 2 of section 327.441.

3. When reviewing complaints against unlicensed persons, the boardmay initiate an investigation and take all measures necessary to find thefacts of any potential violation, including issuing subpoenas to compel theattendance and testimony of witnesses and the disclosure of evidence, andmay request the attorney general to bring an action to enforce thesubpoena.

4. If the board files a complaint with the administrative hearingcommission, the proceedings shall be conducted in accordance with theprovisions of chapter 621, RSMo. Upon a finding by the administrativehearing commission that the grounds provided in subsection 2 of thissection for disciplinary action are met, the board may, either singularlyor in combination with other provisions of this chapter, impose a civilpenalty as provided for in section 327.077 against the person named in thecomplaint.

(L. 2007 H.B. 780 merged with S.B. 308)