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The 193rd General Court of the Commonwealth of Massachusetts

Section 81P: Reprimand and suspension of registration; revocation of certificate of registration as professional engineer or land surveyor; charges; hearing

Section 81P. The board shall have the authority to reprimand a registrant and to suspend the registration of a registrant for a limited period to be specified in such suspension order for any fraud, deceit, gross negligence, incompetence, misconduct or any crime involving moral turpitude in the practice of engineering or land surveying.

The board may revoke the certificate of registration of any registrant who is found guilty of:—

(a) The practice of any fraud or deceit in obtaining a certificate of registration; or

(b) Any gross negligence, incompetency or misconduct in the practice of professional engineering or land surveying as a registered professional engineer or as a registered professional land surveyor; or

(c) The affixing of his signature to plans, drawings, specifications or other instruments of service which have not been prepared by him or in his office, or under his immediate and responsible direction, or permitting his name to be used for the purpose of assisting any person, not a registered professional engineer or registered professional land surveyor, to evade the provisions of this chapter.

Any person may prefer charges of fraud, deceit, gross negligence, incompetency or misconduct against any registrant. Such charges shall be in writing, shall be sworn to by the person making them and shall be filed with the secretary of the board.

The board, under the hand of its chairman and the seal of the board, may subpoena witnesses and compel their attendance, and may require the production of books, papers and documents in any case involving the revocation of registration. Any member of the board may administer oaths or affirmations to witnesses appearing before the board. If any person refuses to obey any subpoena so issued, or refuses to testify or produce such books, papers and documents, the board may present a petition to the superior court, setting forth the facts, and thereupon the superior court shall, after a hearing and in its discretion, order such person to appear before said board and to testify or to produce such books, papers and documents as may be deemed necessary and pertinent. Any person failing or refusing to obey the order of said court may be proceeded against in the same manner as for refusal to obey any other order of said court.

All charges, unless dismissed by the board as unfounded or trivial, shall be heard by the board within three months after the date on which they shall have been preferred. The time and place for said hearing shall be fixed by the board, and a copy of the charges, together with a notice of the time and place of hearing, shall be personally served on, or mailed to the last known address of, such registrant at least thirty days before the date fixed for the hearing. At any hearing the accused registrant shall have the right to appear personally and by counsel, to cross-examine witnesses appearing against him, and to produce evidence and witnesses in his own defence. If, after such hearing, three or more members of the board vote in favor of finding the accused guilty, the board shall revoke the certificate of registration of such registered professional engineer or registered professional land surveyor.