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3037
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MARVIN MANDEL, Governor
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CORPORATION OR PARTNERSHIP.
334.
(A) THE BOARD MAY REPRIMAND, OR SUSPEND, REVOKE,
OR REFUSE TO RENEW THE CERTIFICATE OF REGISTRATION OF ANY
REGISTRANT WHOM THE BOARD FINDS:
(1) HAS PRACTICED ANY FRAUD, DECEIT, OR
MISREPRESENTATION IN OBTAINING A CERTIFICATE OF
REGISTRATION;
(2) IS GUILTY OF ANY GROSS NEGLIGENCE,
INCOMPETENCE, OR MISCONDUCT IN THE PRACTICE OF LAND
SURVEYING AS A PROFESSIONAL LAND SURVEYOR;
(3) HAS BEEN CONVICTED OF, OR ENTERED A PLEA
OF NOLO CONTENDERE TO A CRIME INVOLVING MORAL TURPITUDE
OR A VIOLATION OF THE STATE ELECTION LAWS BY ANY COURT OF
COMPETENT JURISDICTION;
(4) HAS ADMITTED, IN WRITING OR UNDER OATH,
ACTS OR OMISSIONS IN THE COURSE OF AN OFFICIAL
INVESTIGATION BY AN AUTHORIZED PUBLIC OFFICIAL OR PUBLIC
BODY WHICH WOULD CONSTITUTE A CRIME INVOLVING MORAL
TURPITUDE OR A VIOLATION OF THE STATE ELECTION LAWS,
WHETHER OR NOT THE PERSON IS SUBSEQUENTLY PROSECUTED; OR
(5) HAS KNOWINGLY VIOLATED ANY PROVISION OF
THIS SUBTITLE OR THE CODE OF ETHICS PROMULGATED PURSUANT
TO THIS SUBTITLE.
(B) ANY PERSON, INCLUDING AN EMPLOYEE OF THE
BOARD, MAY PREFER CHARGES OF FRAUD, DECEIT,
MISREPRESENTATION, GROSS NEGLIGENCE, INCOMPETENCE,
MISCONDUCT, OR OTHER ACT OR OMISSION PRESCRIBED IN
SUBSECTION (A) OF THIS SECTION, AGAINST ANY REGISTRANT.
THE CHARGES SHALL BE SPECIFIC AND IN WRITING, SHALL BE
SWORN TO BY THE PERSON OR PERSONS MAKING THEM, AND SHALL
BE FILED WITH THE SECRETARY OF THE BOARD.
(C) ALL CHARGES, UNLESS DISMISSED BY THE BOARD AS
UNFOUNDED OR TRIVIAL, SHALL BE SET DOWN FOR HEARING IN
ACCORDANCE WITH RULES AND REGULATIONS ADOPTED BY THE
BOARD WITHIN A REASONABLE TIME, BUT NOT TO EXCEED SIX
MONTHS AFTER THEY HAVE BEEN PREFERRED.
(D) THE TIME AND PLACE FOR THE 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 THE REGISTRANT AT LEAST 30 DAYS BEFORE THE DATE FIXED
FOR THE HEARING. AT ANY HEARING, THE ACCUSED REGISTRANT
MAY APPEAR IN PERSON OR BE REPRESENTED BY COUNSEL,
CROSS-EXAMINE WITNESSES APPEARING AGAINST HIM, AND
PRODUCE EVIDENCE AND WITNESSES IN HIS OWN DEFENSE. IF
THE ACCUSED PERSON FAILS OR REFUSES TO APPEAR, THE BOARD
MAY PROCEED TO HEAR AND DETERMINE THE VALIDITY OF THE
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