Joseph B. Curd, Jr. v. Kentucky State Board of Licensure for Professional Engineers and Land Surveyors, Appellee And…

Summary

The Kentucky Supreme Court held that a licensed land surveyor is not absolutely immune from professional discipline for expert testimony and that disciplinary review of such testimony does not violate separation of powers. It further held that the Board's decision was supported by substantial evidence, but that several statutes and regulations were unconstitutionally vague as applied to the testimony at issue; only the rule requiring objective and truthful professional testimony could constitutionally support discipline. The court remanded to the Board to reconsider the sanction in light of the invalidated provisions.