NCEES Model Law for Surveying: Changes Affecting the GIS ... · PDF fileNCEES Model Law for Surveying: ... NCEES Model Law for Surveying: Changes Affecting the GIS/LIS Community GIST

NCEES Model Law for Surveying:NCEES Model Law for Surveying:Changes Affecting the GIS/LIS Community Changes Affecting the GIS/LIS Community

GIST – 2004

Geospatial Information Systemsfor Transportation

Rapid City, SDMarch 28, 2004

Jim PlaskerASPRS Executive Director

Report and Slides: www.asprs.org

Jim Plasker

NCEES Model Law Task Force 1

NCEES Model Law for Surveying:NCEES Model Law for Surveying:Changes Affecting the GIS/LIS Community Changes Affecting the GIS/LIS Community

GIST – 2004



Jim PlaskerASPRS Executive Director

Report and Slides: www.asprs.org

GIST – 2004

Workshop AgendaWorkshop AgendaIntroductions

Background/History

Photogrammetric Community Issues

GIS Community Issues

NCEES Model Law

NCEES Model Rules

Status of State Actions

Reference Materials

Wrap-up

Jim Plasker


GIST – 2004

NCEES NCEES –– What is That?What is That?

National Council of Examiners for Engineers and Surveyors

Coordinates information exchange among the jurisdictions (statesand territories) on licensing issues

No statutory authority at NCEES level. Each jurisdiction is autonomous – approximately 65 individual licensing Boards

NCEES Model Law is just that – a “model”

NCEES also creates the common examinations used by most jurisdictions

Headquartered at Clemson – South Carolina

GIST – 2004

Licensure vs. CertificationLicensure vs. Certification

Certification

VoluntaryPeer ControlPersonal and Professional DevelopmentRelative ExpertiseExam Possibly Required

ASPRS or URISA

Licensure

MandatoryJurisdiction ControlProtect Public

“Minimum” CompetenceExam Mandatory

State Boards

Jim Plasker


GIST – 2004

InterInter--disciplinary Relationshipsdisciplinary Relationships

Relationships Typically Symmetrical:

Symmetrical in that both sides of the practice area are licensed and well defined in the public’s eyes

Geospatial Information Specialists – Asymmetrical– “Profession” not well defined, organized or licensed– Yet extremely valuable to the public– Potential for harm to public safety and welfare is low, but

does exist in the “gray areas” between disciplines

• Lawyers – Surveyors• Landscape Architects - Engineers

• Surveyors – Engineers• Engineers – Architects

GIST – 2004

Recent Licensing HistoryRecent Licensing History

1995 – NCEES Modifies Model Law to include Photogrammetry and GIS/LIS ( Also initial North Carolina planning for licensureof photogrammetrists and GIS professionals)

1996 – Concerns raised/letters written by ASPRS, MAPPS, ASCE to NCEES. Discussion at Winter NCEES/POLC Meeting

1997 – Five National Organization Summit Meeting (ACSM, NSPS, MAPPS, ASPRS, ASCE). Agree to work together—Form Multi-Organization Task Force (MOTF).

1997 – MOTF addresses Photogrammetric Issues

1997/1998 – MOTF Report delivered to NCEES (Covering non-GIS Issues Only)

Jim Plasker


GIST – 2004

Recent Licensing History Recent Licensing History (cont.)(cont.)

1998 – NCEES modifies Model Law to include Savings Clause (Grandfather Language) per MOTF recommendation. Language modeled on North Carolina clause.

1999 – NCEES modifies Model Law to address issues related to Reciprocity/Comity and Ease of Mobility

1999 – Three GIS Organizations invited to participate in extension of MOTF to address GIS/LIS issues(URISA, NSGIC, UCGIS)

2000 – NCEES modifies policies related to broadening Examination coverage

2000 – MOTF Addendum to 1997 Report (covering GIS/LIS Issues) delivered to NCEES

GIST – 2004

Recent Licensing History Recent Licensing History (cont.)(cont.)

2001 – NCEES Task Force on Model Law appointed

2001 – Registration Boards Forum, Las Vegasand Workshop at NCEES Annual Meeting, Little Rock

2002 – NCEES Task Force issues Report. Generally endorses the MOTF recommendations.

2002 – NCEES Council accepts Report and begins implementation

2003 – URISA, ASPRS, NSGIC, GITA and others consider effort to encourage Jurisdictional adoption of revised Model Law and ModelRules

2003 – NCEES Council adopts revised Model Law and Model Rules

Jim Plasker


GIST – 2004

MOTF OrganizationsMOTF Organizations

American Congress on Surveying and Mapping (ACSM)

American Society of Civil Engineers - Geomatics Division (ASCE)American Society for Photogrammetry and Remote Sensing (ASPRS)

Management Association for Private Photogrammetric Surveyors (MAPPS)

National Society of Professional Surveyors (NSPS)National States Geographic Information Council (NSGIC)

Urban and Regional Information Systems Association (URISA)

GIST – 2004

MOTF RepresentativesMOTF Representatives

ACSMJohn Dailey, PLSDavid W. Gibson, PSM

ASCERobert C. Burtch, PS, CPSteven D. Johnson, PLS

ASPRSKaren Schuckman, LS, CPDoug Fuller, CP, CMS

URISABruce Joffe, AICP

MAPPSGeorge Gross, PEG. Michael Ritchie, PLS, PE, CP

NSPSLee Hennes, PLSM. Greg Johnson, PLS, PE

NSGICLynda WayneGene Trobia

FacilitatorJames Plasker, PE

Jim Plasker


GIST – 2004

Vision of the ProfessionVision of the Profession

Continuum of Events and Milestones

Strong Educational Foundation

Logical Progression of Professional Growth

GIST – 2004

Vision of the Profession Vision of the Profession (cont.)(cont.)

Examination on Professional Fundamentals

Professional Responsibility Through Practical Experience

Additional Examination(s) on Principles of Specific Practice

Continuing Professional Development Throughout Career

Jim Plasker


GIST – 2004

Significant Licensing IssuesSignificant Licensing Issues

Identity of the Profession

Education requirements

Examinations

Grandfathering

GIST – 2004

Licensing Issues Licensing Issues (cont.)(cont.)

Reciprocity/Comity

Exclusion of Practice

Continuing Education/Professional Development

Jim Plasker


GIST – 2004

Licensing Issues Licensing Issues (cont.)(cont.)

GIS Issues

Breadth of Preamble Paragraph

Licensing: Practice v. Use of Tools

Regulatory Interest: High v. Low

GIST – 2004

Recommendations Recommendations --Identity of the Profession

Retitle Model Law

Use Generic Language

Reserve Term “Professional Land Surveyor”

Jim Plasker


GIST – 2004

Recommendations Recommendations --Education Requirements

Four Year Degree

ABET Accredited Program Preferred

GIST – 2004

Recommendations Recommendations --Examinations

NCEES Exam Inclusive of All Covered Disciplines

Three part examination

– 1. Fundamentals of Measurement Science

– 2. Principles and Practice (Discipline-based)

– 3. Legal and Boundary Practice (Jurisdiction-specific)

Jim Plasker


GIST – 2004

Recommendations Recommendations --Examinations (cont.)

Part 2 Exam Provide Wide Choice of Disciplines

Common Designations

– 1. Surveyor and Mapper Intern

– 2. Geomatics Professional

– 3. Professional Land Surveyor

GIST – 2004

Recommendations Recommendations --Examinations (cont.)

Transfer of Exam Credit Among Jurisdictions

Expand Practice from Part 2 to Part 3 by Additional Exam

NCEES Utilize ASPRS Exam Resources

Jim Plasker


GIST – 2004

Recommendations Recommendations --Grandfathering

Adopt Uniform Guidelines

Accomplished During 1998 Annual Meeting

GIST – 2004

Recommendations Recommendations --Reciprocity/Comity

Recognize Generic Professional Practice Across Jurisdictions

Simplify mobility

Responsive to NAFTA Goals

Jim Plasker


GIST – 2004

Recommendations Recommendations --Exclusion of Practice

Promulgate Guidelines

Recognize Areas of Low Regulatory Interest

GIST – 2004

Recommendations Recommendations --Continuing Education

Standardize Criteria

Streamline Recording of Credits

– CEU’s

– PDU’s

Jim Plasker


GIST – 2004

NCEES Model Law:NCEES Model Law:

GIS Community Concern GIS Community Concern -- Preamble ParagraphPreamble ParagraphPractice of Surveying or Land Surveying - The term “Practice of Surveying or Land Surveying,” within the intent of this Act shall mean providing professional services such as consultation, investigation, testimony evaluation, expert technical testimony, planning, mapping, assembling, and interpreting reliable scientific measurements and information relative to the location, size, shape, or physical features of the earth, improvements on the earth, the space above the earth, or any part of the earth, and utilization and development of these facts and interpretation into an orderly survey map, plan, report, description, or project. The practice of surveying or land surveying includes, but is not limited to, any one or more of the following:

GIST – 2004

Preamble ParagraphPreamble Paragraph

NCEES Revision (Baltimore 2003)NCEES Revision (Baltimore 2003)Practice of Surveying – The term “Practice of Surveying,” within the intent of this Act, shall mean providing, or offering to provide, professional services using such sciences as mathematics, geodesy, and photogrammetry, and involving both (1) the making of geometric measurements and gathering related information pertaining to thephysical or legal features of the earth, improvements on the earth, the space above, on, or below the earth and (2) providing, utilizing, or developing the same into survey products such as graphics, data,maps, plans, reports, descriptions, or projects. Professional services include acts of consultation, investigation, testimony evaluation, expert technical testimony, planning, mapping, assembling, and interpreting gathered measurements and information related to any one or more of the following:

Jim Plasker


GIST – 2004

NCEES Model Law:NCEES Model Law:

GIS Community Concern GIS Community Concern -- Practice Practice vsvs ToolsTools

(d) Creating, preparing, or modifying electronic or computerized data, including land information systems, and geographic information systems, relative to the performance of the activities in the above described items (a) through (c).

GIST – 2004

Practice vs. ToolsPractice vs. Tools

NCEES Revision (Baltimore 2003) NCEES Revision (Baltimore 2003)

(d) Creating, preparing, or modifying electronic, computerized, or other data, relative to the performance of the activities in the above described items a. through c.

(i) Creating, preparing, or modifying electronic or computerized or other data, relative to the performance of the activities in the above described items e. through h.

Jim Plasker


GIST – 2004

Regulatory Interest Regulatory Interest -- Inclusion Inclusion

NCEES Model Rules (Baltimore 2003) NCEES Model Rules (Baltimore 2003)

1. The creation of maps and georeferenced databasesrepresenting authoritative locations for boundaries, the location of fixed works, or topography. This includes maps and georeferenced databases prepared by any person, firm, or government agency where that data is provided to the public as a survey product.

GIST – 2004



2. Original data acquisition, or the resolution of conflicts between multiple data sources, when used for the authoritative location of features within the following data themes: geodetic control, orthoimagery, elevation and hydrographic, fixed works, private and public boundaries, and cadastral information.

3. Certification of positional accuracy of maps or measured survey data.

Jim Plasker


GIST – 2004



4. Adjustment or authoritative interpretation of raw survey data.

5. Geographic Information System (GIS) based parcel or cadastral mapping used for authoritative boundary definition purposes wherein land title or development rights for individual parcels are, or may be, affected.

GIST – 2004



6. Authoritative interpretation of maps, deeds, or other land title documents to resolve conflicting data elements.

7. Acquisition of field data required to authoritatively position fixed works or cadastral data relative to geodetic control.

Jim Plasker


GIST – 2004



8. Analysis, adjustment or transformation of cadastral dataof the parcel layer(s) with respect to the geodetic control layer within a GIS resulting in the affirmation of positional accuracy.

GIST – 2004

Regulatory Interest Regulatory Interest -- Exclusion Exclusion


A distinction must be made in the use of electronic systems between making or documenting original measurements in the creation of survey products, versus the copying, interpretation, or representation of those measurements in such systems. Further, a distinction must be made according to the intent, use, or purpose of measurement products in electronic systems to determine a definitive location versus the use of those products as a locational reference for planning, infrastructure management, and general information. The following items are not to be included as activities within the definition of surveying:

Jim Plasker


GIST – 2004


NCEES Model Rules (Baltimore 2003) NCEES Model Rules (Baltimore 2003) 1. Creation of general maps: a. Prepared by private firms or government agencies for use as guides to

motorists, boaters, aviators or pedestrians;b. Prepared for publication in a gazetteer or atlas as an educational tool or

reference publication;c. Prepared for or by education institutions for use in the curriculum of any

course of study;d. Produced by any electronic or print media firm as an illustrative guide to the

geographic location of any event;e. Prepared by laypersons for conversational or illustrative purposes. This

includes advertising material and users guides.

GIST – 2004



2. The transcription of previously georeferenced data into a GIS or LIS by manual or electronic means, and the maintenance thereof, provided the data are clearly not intended to indicate the authoritative location of property boundaries, the precise definition of the shape or contour of the earth, and/or the precise location of fixed works of humans.

Jim Plasker


GIST – 2004



3. The transcription of public record data, without modification except for graphical purposes, into a GIS-or LIS-based cadastre (tax maps and associated records) by manual or electronic means, and the maintenance of that cadastre, provided the data are clearly not intended to authoritatively represent property boundaries. This includes tax maps and zoning maps.

GIST – 2004



4. The preparation of any document by any federal government agency that does not define real property boundaries. This includes civilian and military versions of quadrangle topographic maps, military maps, satellite imagery, and other such documents.

Jim Plasker


GIST – 2004



5. The incorporation or use of documents or databases prepared by any federal agency into a GIS/LIS, including but not limited to, federal census and demographic data, quadrangle topographic maps, and military maps.

GIST – 2004


NCEES Model Rules (Baltimore 2003) NCEES Model Rules (Baltimore 2003) 6. Inventory maps and databases created by any

organization, in either hard-copy or electronic form, of physical features, facilities, or infrastructure that are wholly contained within properties to which they have rights or for which they have management responsibility. The distribution of these maps and/or databases outside the organization must contain appropriate metadatadescribing, at a minimum, the accuracy, method of compilation, data source(s) and date(s), and disclaimersof use clearly indicating that the data are not intended to be used as a survey product.

Jim Plasker


GIST – 2004


NCEES Model Rules (Baltimore 2003) NCEES Model Rules (Baltimore 2003) 7. Maps and databases depicting the distribution of natural resources or

phenomena prepared by foresters, geologists, soil scientists, geophysicists, biologists, archeologists, historians, or other persons qualified to document such data.

8. Maps and georeferenced databases depicting physical features and events prepared by any government agency where the access to that data is restricted by statute. This includes georeferenced data generated by law enforcement agencies involving crime statistics and criminal activities.

GIST – 2004

Disclaimer Disclaimer

Sample (from Oregon):“This product is for informational purposes and may

not have been prepared for, or be suitable for: legal; engineering; or surveying purposes. Users of this information should review or consult the primary data and information sources to ascertain the usability of the information.”

Important to distinguish purpose/intended useImportant to distinguish purpose/intended use

Jim Plasker


GIST – 2004

Remaining IssuesRemaining Issues

Examination Strategy(ies)

Promulgation/adoption of Model Law

Avoiding the “Gap”

– The “Florida” Problem (Debacle?)– The “Carolina” Alternative – The “Oregon” Process

GIST – 2004

Final ThoughtsFinal Thoughts

MOTF sought comment and input throughout the process, including public presentations, articles and web postings of materials

Recommendations were developed through a consensus process

Email comments to:

[email protected]@asprs.org

All comments will be shared with the MOTF

Jim Plasker


NCEES Model Law for Surveying:NCEES Model Law for Surveying:Changes Affecting the GIS/LIS CommunityChanges Affecting the GIS/LIS Community

GIST – 2004



Report and slideswww.asprs.org/asprs/news/NCEES_frame.html

Geomatic Activities included in License Source: CCLS Nafta Committee

STATE Code or Statute Cadastral Cad

astr

al O

nly

Photo- grammetry Geodesy

Topo- graphy

Mining & surveys within under- ground

workings

Subdivision Engineering

including Elevations

Construction Layout

Land Planning

GIS Land Base only

GIS Land Base, Topo Base

Hydro- graphy & beds of water

bodies

Teaching Land

Survey Courses

No link from

NCEES's WEB Site St

atis

tics

ALABAMA 34-11-1 4Alaska AS 08.48 5Arizona Title 32, c1 5ARKANSAS 17-48-101 1California c15-8726 7Colorado 12-25-202 6CONNECTICUT 20-299 3DELAWARE T24 c2701 9Florida Ti. 23, c472.005 6Georgia 43-15-2 6HAWAII 464-1 1Idaho 54-1202 1ILLINOIS 225 ILCS 3301 1INDIANA 25-21-5 4Iowa 542B.2-1-7 3KANSAS 74-7003 5Kentucky KRS c322.010 7Louisiana LRS-37:682 2Maine 32MRS-13901 5MARYLAND gbo 15-101 6MASSACHUSETTS MGL c97 1MICHIGAN MCL 339.2001 3MINNESOTA c326.02 5MISSISSIPPI Title 73 c13 1MISSOURI 327.272 1MONTANA Title 37 c67 7NEBRASKA 81-8, 109 3NEVADA NRS 625.040 3NEW HAMPSHIRE RSA-310-A:54 5NEW JERSEY 45-8-28 6NEW MEXICO 61-23.3 6NEW YORK Art, 145 2NORTH CAROLINA c89 c03 6NORTH DAKOTA Title 43-19.1 1OHIO ORC 4733.01 3OKALHOMA 475.2 5OREGON c672.005 5PENNSYLVANIA 63P.S. c5.149 1RHODE ISLAND c5-8.1 5SOUTH CAROLINA 40-22-10 7SOUTH DAKOTA SDCL 38-18A-4 4TENNESSEE 5TEXAS Title 86-5282c 4UTAH 58-22 5

Printed 3/2/2004 1

Geomatic Activities included in License Source: CCLS Nafta Committee

VERMONT 26VSA s02502 1VIRGINIA 54.1-400 4WASHINGTON 18.43.020 3WEST VIRGINIA c30-134-2 4WISCONSIN 443.01 1WYOMING t33 chp29-114 5

Statistics 50 50 11 7 19 36 20 17 11 4 3 7 22 3 11 3.98Percent 100.0% 14.0% 38.0% 72.0% 40.0% 34.0% 22.0% 8.0% 6.0% 14.0% 44.0% 6.0% 22.0%

Only Cadastral 11 22.0%Inclusive License 39 78.0%

Size of sample 100.0%

Printed 3/2/2004 2

MODEL LAW

REVISED AUGUST 2003

N A T I O N A L C O U N C I L O F E X A M I N E R S

F O R E N G I N E E R I N G A N D S U R V E Y I N G®

MODEL LAW

REVISED AUGUST 2003

©2003, All Rights Reserved National Council of Examiners for Engineering and Surveying®

iii

CONTENTS Introduction, v

An Act, 1

110 INTRODUCTION, 1 110.10 General Provisions, 1 110.20 Definitions, 3

120 THE LICENSING BOARD, 6 120.10 Board Appointments, Terms, 6 120.20 Board Qualifications, 6 120.30 Board Compensation, Expenses, 7 120.40 Board Removal of Members, Vacancies, 7 120.50 Board Organization and Meetings, 7 120.60 Board Powers, 7 120.70 Receipts and Disbursements, 8 120.80 Records and Reports, 8 120.90 Roster, 9

130 CANDIDATES FOR LICENSURE, 9 130.10 General Requirements for Licensure, 9 130.20 Application and Licensure Fees, 11 130.30 Examinations, 11

140 LICENSEES, 12 140.10 Certificates, Seals, 12 140.20 Expirations, Renewals, and Reinstatement to Active Practice, 13 140.30 Reissuance of Certificates, 13 140.40 Public Works, 13

150 DISCIPLINARY ACTIONS, 13 150.10 Disciplinary Action Revocation, Suspension, Refusal to Issue, Restore

or Renew, Probation, Fine, Reprimand, 13 150.20 Disciplinary Action Procedures, 15 150.30 Civil Penalties for Non-Licensees, 16 150.40 Criminal Offenses, 16

iv

160 MISCELLANEOUS, 17 160.10 Certificates of Authorization, 17 160.20 Exemption Clause, 18 160.30 Duties of Recorders, 18 160.40 Invalid Sections, 18 160.50 Repeal of Conflicting Legislation, 18 160.60 Grandfathering of Photogrammetrists, 18 160.70 Effective Date, 19

APPENDIX A – Cross Reference for Model Law, 21 APPENDIX B – References to Internal Citations in Model Law, 26

v

INTRODUCTION To be of maximum value, this document should be used as a reference work in the preparation of amendments to existing legislation or in the preparation of new proposed laws. The intent of the NCEES in preparing this document is to present to the states a sound and realistic guide that will provide greater uniformity of qualifications for licensure, to raise these qualifications to a higher level of accomplishment, and to simplify the interstate licensure of engineers and surveyors. The primary purpose of the NCEES is to serve as an organization through which its Member Boards can counsel and act together to better discharge their duties as individual, autonomous regulatory agencies dedicated to the protection of the public life, health, and property. Standards presented in this publication have been approved by the NCEES Member Boards and represent optimum, realistic levels of qualifications for initial and subsequent licensure to ensure protection of the public’s interest. As revised through August 2003, this guide contains 29 sections designed to assist legislative counsels, legislators, and NCEES members in preparing new or amendatory legislation. To eliminate the redundancy present in previous versions, this document was condensed into a single chapter that covers all specific situations: boards that regulate only engineers, boards that regulate only surveyors, boards that regulate both engineers and surveyors, and independent boards that regulate both engineers and surveyors. Each line in the various sections has been numbered to facilitate use of this document as a working model. Should additional information be necessary, please contact:

National Council of Examiners for Engineering and Surveying

P.O. Box 1686 (280 Seneca Creek Road)

Clemson, South Carolina 29633-1686 Telephone: 864-654-6824

Fax: 864-654-6033 Toll Free: 800-250-3196

www.ncees.org

1

LICENSURE OF ENGINEERS AND SURVEYORS

AN ACT To regulate the practice of engineering and/or1 surveying; provide for the licensure of 1 qualified persons as professional engineers and/or professional surveyors and for the 2 certification of engineer interns and/or surveyor interns; define the terms “Engineer,” 3 “Professional Engineer,” “Professional Engineer, Retired,” “Engineer Intern,” and 4 “Practice of Engineering”; define the terms “Professional Surveyor,” “Professional 5 Surveyor, Retired,” “Surveyor Intern,” and “Practice of Surveying”; create a 6 jurisdiction board of licensure for professional engineers and/or professional surveyors 7 and provide for the appointment and compensation of its members; fix the term of 8 members of the board and define its powers and duties; set forth the minimum 9 qualifications and other requirements for licensure as a professional engineer and/or a 10 professional surveyor and for certification as an engineer intern or surveyor intern; 11 establish fees and expiration and renewal requirements; impose certain duties upon the 12 jurisdiction and political subdivisions thereof in connection with public work; and 13 provide for the enforcement of this Act and penalties for its violation. 14 15 Be it enacted by the General Assembly of the Jurisdiction of ..... as follows. 16 110 INTRODUCTION

1 The Model Law has been simplified to serve boards of engineers and surveyors, boards of engineers, boards of

surveyors, and independent boards. The reader should substitute the appropriate “and/or” terminology and delete the text that does not apply to the situation.

110.10 General Provisions A. Regulation of Engineers and Surveyors – In order to safeguard life, health, and property 1

and to promote the public welfare, the practice of engineering and/or the practice of 2 surveying in this jurisdiction is hereby declared to be subject to regulation in the public 3 interest. It shall be unlawful for any person to practice, or to offer to practice, engineering 4 and/or surveying in this jurisdiction, as defined in the provisions of this Act, or to use in 5 connection with their name or otherwise assume, or advertise any title or description 6 tending to convey the impression that they are a licensed engineer and/or surveyor, unless 7 such person has been duly licensed or is exempted under the provisions of this Act. The 8 practice of engineering or surveying shall be deemed a privilege granted by the 9 jurisdiction through the licensure board based on the qualifications of the individual as 10 evidenced by their certificate of licensure, which shall not be transferable. 11

B. Independent Board 12 1. It is the intent of this Act that the board shall be an independent jurisdiction agency. It 13

shall receive no financial support from the jurisdiction general fund, and shall utilize 14 its fees for licensure and renewal and for examinations as its principal source of 15 revenue. 16

2. Any revenues from fines enacted by the board in disciplinary actions shall be 17 deposited in the jurisdiction general fund, and shall not be available to the board. 18

2

3. All revenues, except fines, received by the board shall be deposited with the 19 jurisdiction treasurer in a separate account for the board separate from the general 20 fund. 21

4. Any such receipts shall constitute a continuous appropriation of such amounts for the 22 purpose of carrying out the functions of the board. All necessary expenses of the board 23 shall be paid from the account by the treasurer in the same manner as other claims 24 against the jurisdiction are paid, after approval thereof by the chairperson or secretary 25 of the board. 26

5. Monies in the board account may be invested by the treasurer in the same manner as 27 other jurisdiction monies, and any interest earned on monies in the board account shall 28 be credited to that account. 29

6. The board shall adopt a budget only after a public hearing, using the same 30 classifications of expenditures and revenues as tax-supported jurisdiction agencies. 31

7. An independent board shall submit a full annual report of its activities and financial 32 affairs to the governor for inclusion in annual financial statements. 33

8. In carrying out the duties, functions, and powers of the board, the board may contract 34 with any jurisdiction agency for the performance of such duties, functions, and powers 35 as the board considers appropriate. A jurisdiction agency may not charge the board for 36 such services an amount that is greater than the actual cost of the services. Except as 37 otherwise specifically provided in this Act, the board may contract with private 38 entities for such duties, functions, and powers as the board considers appropriate. 39

9. The board may sue and be sued in its own name. 40 10. The board may, notwithstanding any other statute to the contrary, enter into contracts 41

and acquire, own, encumber, issue, replace, deal in, and dispose of real and personal 42 property. 43

11. The board may fix a per diem amount to be paid to board members for each day or 44 portion thereof during which the member is actually engaged in the performance of 45 official duties. Board members may also receive actual and necessary travel or other 46 expenses incurred in the performance of their duties. If an advisory council or peer 47 review committee is established by the board to assist it in carrying out its duties, 48 functions, and powers, the board may also pay per diem amounts and actual expenses 49 for members thereof. 50

12. The board may establish and collect fees not to exceed amounts necessary for the 51 purpose of carrying out its functions. Such fees shall cover engineering licensure, 52 engineer intern certification, surveyor licensure, surveyor intern certification, and 53 renewals and examinations. It may establish and collect separate fees for examination 54 than those for licensure and/or certification as the board considers appropriate. 55

13. Monies shall be deposited with the jurisdiction treasurer and kept in a separate account 56 from the jurisdiction general fund, which shall be known as the “Professional 57 Engineers’ and/or Professional Surveyors’ Account,” and shall be paid out only upon 58 requisitions submitted by the secretary or board chairperson. All monies in this 59 account including interest are hereby specifically appropriated for the use of the board. 60

3

110.20 Definitions A. Engineer 1

1. Engineer – The term “Engineer,” within the intent of this Act, shall mean a person 2 who is qualified to practice engineering by reason of special knowledge and use of the 3 mathematical, physical, and engineering sciences and the principles and methods of 4 engineering analysis and design, acquired by engineering education and engineering 5 experience. 6

2. Professional Engineer – The term “Professional Engineer,” as used in this Act, shall 7 mean a person who has been duly licensed as a professional engineer by the board. 8 The board may designate a professional engineer, on the basis of education, 9 experience, and examination, as being licensed in a specific discipline or branch of 10 engineering signifying the area in which the engineer has demonstrated competence. 11

3. Professional Engineer, Retired – The term “Professional Engineer, Retired,” as used in 12 this Act, shall mean a person who has been duly licensed as a professional engineer by 13 the board and who chooses to relinquish or not to renew a license and who applies to 14 and is approved by the board to be granted the use of the honorific title “Professional 15 Engineer, Retired.” 16

4. Engineer Intern – The term “Engineer Intern,” as used in this Act, shall mean a person 17 who has qualified for, taken, and passed an examination in the fundamental 18 engineering subjects, as provided in this Act. 19

5. Practice of Engineering – The term “Practice of Engineering,” within the intent of this 20 Act, shall mean any service or creative work, the adequate performance of which 21 requires engineering education, training, and experience in the application of special 22 knowledge of the mathematical, physical, and engineering sciences to such services or 23 creative work as consultation, investigation, expert technical testimony, evaluation, 24 planning, design and design coordination of engineering works and systems, planning 25 the use of land, air, and water, teaching of advanced engineering subjects, performing 26 engineering surveys and studies, and the review of construction for the purpose of 27 monitoring compliance with drawings and specifications; any of which embraces such 28 services or work, either public or private, in connection with any utilities, structures, 29 buildings, machines, equipment, processes, work systems, projects, communication 30 systems, transportation systems, and industrial or consumer products, or equipment of 31 a control systems, communications, mechanical, electrical, hydraulic, pneumatic, 32 chemical, environmental, or thermal nature, insofar as they involve safeguarding life, 33 health, or property, and including such other professional services as may be necessary 34 to the planning, progress, and completion of any engineering services. 35 36

Design coordination includes the review and coordination of those technical 37 submissions prepared by others, including as appropriate and without limitation, 38 consulting engineers, architects, landscape architects, surveyors, and other 39 professionals working under the direction of the engineer. 40 41 Engineering surveys include all survey activities required to support the sound 42 conception, planning, design, construction, maintenance, and operation of engineered 43 projects, but exclude the surveying of real property for the establishment of land 44 boundaries, rights-of-way, easements, and the dependent or independent surveys or 45 resurveys of the public land survey system. 46

4

A person shall be construed to practice or offer to practice engineering, within the 47 meaning and intent of this Act, who practices any branch of the profession of 48 engineering; or who, by verbal claim, sign, advertisement, letterhead, card, or in any 49 other way represents themselves to be a professional engineer, or through the use of 50 some other title implies that they are a professional engineer or that they are licensed 51 under this Act; or who hold themselves out as able to perform, or who does perform 52 any engineering service or work or any other service designated by the practitioner 53 which is recognized as engineering. 54

6. Inactive Licensee – Licensees who are not engaged in engineering practice which 55 requires licensure in this jurisdiction may be granted inactive status. No inactive 56 licensee may practice in this jurisdiction unless otherwise exempted in this chapter. 57 Inactive licensees are exempt from the continuing education requirements. 58

B. Professional Surveyor (Professional Land Surveyor, Professional Surveyor and Mapper, 59 Geomatics Professional, or equivalent term) 60 1. Professional Surveyor – The term “Professional Surveyor,” as used in this Act, shall 61

mean a person who has been duly licensed as a professional surveyor by the board 62 established under this Act, and who is a professional specialist in the technique of 63 measuring land, educated in the basic principles of mathematics, the related physical 64 and applied sciences, and the relevant requirements of law for adequate evidence and 65 all requisite to surveying of real property, and engaged in the practice of surveying as 66 herein defined. 67

2. Professional Surveyor, Retired – The term “Professional Surveyor, Retired,” as used 68 in this Act, shall mean a person who has been duly licensed as a professional surveyor 69 by the board and who chooses to relinquish or not to renew a license and who applies 70 to and is approved by the board to be granted the use of the honorific title 71 “Professional Surveyor, Retired.” 72

3. Surveyor Intern – The term “Surveyor Intern,” as used in this Act, shall mean a person 73 who has qualified for, taken, and has passed an examination in the fundamental 74 surveyor intern subjects, as provided by this Act. 75

4. Practice of Surveying – The term “Practice of Surveying,” within the intent of this 76 Act, shall mean providing, or offering to provide, professional services using such 77 sciences as mathematics, geodesy, and photogrammetry, and involving both (1) the 78 making of geometric measurements and gathering related information pertaining to the 79 physical or legal features of the earth, improvements on the earth, the space above, on, 80 or below the earth and (2) providing, utilizing, or developing the same into survey 81 products such as graphics, data, maps, plans, reports, descriptions, or projects. 82 Professional services include acts of consultation, investigation, testimony evaluation, 83 expert technical testimony, planning, mapping, assembling, and interpreting gathered 84 measurements and information related to any one or more of the following: 85 a. Determining by measurement the configuration or contour of the earth’s surface or 86

the position of fixed objects thereon. 87 b. Determining by performing geodetic surveys the size and shape of the earth or the 88

position of any point on the earth. 89 c. Determining the position for any survey control monument (non-boundary) or 90

reference point; establishing or replacing any such monument or reference point. 91 d. Creating, preparing, or modifying electronic, computerized, or other data, relative 92

to the performance of the activities in the above described items a. through c. 93

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e. Locating, relocating, establishing, reestablishing, or retracing property lines or 94 boundaries of any tract of land, road, right of way, or easement. 95

f. Making any survey for the division, subdivision, or consolidation of any tract(s) of 96 land. 97

g. Locating or laying out alignments, positions, or elevations for the construction of 98 fixed works. 99

h. Determining, by the use of principles of surveying, the position for any survey 100 monument (boundary or non-boundary) or reference point; establishing or 101 replacing any such monument or reference point. 102

i. Creating, preparing, or modifying electronic or computerized or other data, relative 103 to the performance of the activities in the above described items e. through h. 104

Any person shall be construed to practice or offer to practice surveying, within the 105 meaning and intent of this Act, who engages in surveying or who by verbal claim, sign, 106 advertisement, letterhead, card, or in any other way represents themselves to be a 107 professional surveyor, through the use of some other title implies that they are able to 108 perform, or who does perform any surveying service or work or any other service 109 designated by the practitioner which is recognized as surveying. 110 5. Inactive Licensee – Licensees who are not engaged in surveying practice which 111

requires licensure in this jurisdiction may be granted inactive status. No inactive 112 licensee may practice in this jurisdiction unless otherwise exempted in this chapter. 113 Inactive licensees are exempt from the continuing education requirements. 114

C. Board - The term “Board,” as used in this Act, shall mean the jurisdiction board of 115 licensure for professional engineers and professional surveyors, hereinafter provided by 116 this Act. 117

D. Jurisdiction – A state, the District of Columbia, any territory, commonwealth, or 118 possession of the United States that issues licenses to practice and regulates the practice of 119 engineering and/or surveying within its legal boundaries. 120

E. Responsible Charge – The term “Responsible Charge,” as used in this Act, shall mean 121 direct control and personal supervision of engineering work or surveying as the case may 122 be. 123

F. Rules of Professional Responsibility for Professional Engineers and Professional 124 Surveyors – The term “Rules of Professional Responsibility for Professional Engineers 125 and Professional Surveyors,” as used in this Act, shall mean those rules, if any, 126 promulgated by the board as authorized by this Act. 127

G. Firm – The term “Firm,” as used in this Act, shall mean any form of business entity other 128 than an individual licensee operating under his or her name that offers professional 129 engineering or surveying services to the public of their licensed personnel. 130

H. Managing Agent – The term “Managing Agent,” as used in this Act, shall mean a natural 131 person who is licensed under this Act and who has been designated pursuant to Section 132 160.10 of this Act by the firm. The managing agent is responsible for the engineering or 133 surveying work in this jurisdiction and/or for projects or property within this jurisdiction 134 offered or provided by the firm. A licensee may not be designated as a managing agent for 135 more than one firm. An engineer or surveyor who renders occasional, part-time, or 136 consulting engineering or surveying services to, or for, a firm may not be designated as a 137 managing agent. The managing agent’s responsibilities include: 138 1. Renewal of the certificate of authority and notification to the board of any change in 139

managing agent. 140

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2. Overall supervision of the firm’s licensed and subordinate personnel providing the 141 engineering or surveying work in this jurisdiction. 142

3. Institution and adherence of policies of the firm that are in accordance with the Rules 143 of Professional Responsibility for Professional Engineers and Professional Surveyors, 144 adopted pursuant to Section 150.10 C of this Act. 145

I. Rules – The Rules are those adopted pursuant to Section 120.60, Board Powers, subsection 146 A, of this Act. 147

J. Signature – The term “Signature,” as used in this Act, shall be in accordance with the Rules. 148 K. Seal – The term “Seal,” as used in this Act, shall mean a symbol, image, or list of 149

information in accordance with the Rules. 150 120 THE LICENSING BOARD120.10 Board Appointments, Terms A jurisdiction board of licensure for professional engineers and/or professional surveyors is 1 hereby created whose duty it shall be to administer the provisions of this Act. The board shall 2 consist of ..... professional engineers, ..... professional surveyors, and ..... public members who 3 shall be appointed by the governor. The engineer and surveyor members shall preferably be 4 appointed from a list of nominees submitted by the respective engineering and/or surveying 5 societies of the jurisdiction and shall have the qualifications required by Section 120.20. Each 6 member of the board shall receive a certificate of their appointment from the governor and 7 shall file with the secretary of the jurisdiction a written oath or affirmation for the faithful 8 discharge of their official duty. Appointments to the board shall be in such manner and for 9 such period of time that the term of each member shall expire at the end of a different year, 10 insofar as is possible. On the expiration of the term of any member, the governor shall in the 11 manner hereinbefore provided appoint for a term of ..... years a professional engineer, a 12 professional surveyor, or a public member having the qualifications required in Section 13 120.20. A member may be reappointed to succeed themselves. Each member shall hold office 14 until the expiration of the term for which appointed or until a successor has been duly 15 appointed and has qualified. In the event of a vacancy on the board due to resignation, death, 16 or for any cause resulting in an unexpired term, if not filled within three months by the 17 governor, the board may appoint a provisional member to serve in the interim until the 18 governor acts. 19 120.20 Board Qualifications Each engineering member of the board shall be a citizen of the United States and a resident of 1 this jurisdiction. They shall have been engaged in the lawful practice of engineering as a 2 professional engineer for at least twelve years, shall have been in responsible charge of 3 engineering projects for at least five years, and shall be a licensed professional engineer in 4 this jurisdiction. 5 6 Each surveying member of the board shall be a citizen of the United States and a resident of 7 this jurisdiction. They shall have been engaged in the lawful practice of surveying as a 8 professional surveyor for at least twelve years, shall have been in responsible charge of 9 surveying projects for at least five years, and shall be a licensed professional surveyor in this 10 jurisdiction.11

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Each public member shall be a citizen of the United States and a resident of this jurisdiction 12 and shall not be or have been either an engineer or surveyor. The majority of the board 13 members shall be engineers and/or surveyors. 14 120.30 Board Compensation, Expenses Each member of the board shall receive compensation as prescribed in Section 120.60 of this 1 Act when attending to the work of the board or any of its committees and for the time spent in 2 necessary travel; and, in addition thereto, shall be reimbursed for all actual traveling, 3 incidental, and clerical expenses necessarily incurred in carrying out the provisions of this 4 Act. 5 120.40 Board Removal of Members, Vacancies The governor may remove any member of the board for misconduct, incompetency, neglect of 1 duty, or for reason prescribed by law for removal of jurisdiction officials. Vacancies in the 2 membership of the board shall be filled for the unexpired term by appointment of the 3 governor as provided in Section 120.10. 4 120.50 Board Organization and Meetings The board shall hold at least ..... regular meetings each year. Special meetings may be held as 1 the bylaws or rules of the board provide. The board shall elect or appoint annually the 2 following officers: a chairperson, a vice chairperson, and a secretary. A quorum of the board 3 shall consist of no fewer than ..... professional engineer members, ..... professional surveyor 4 members, and ..... public members. 5 120.60 Board Powers A. The board shall have the power to adopt and amend all bylaws and rules of procedure not 1

inconsistent with the constitution and laws of this jurisdiction or this Act, including, but 2 not limited to, the adoption and promulgation of Rules of Professional Responsibility for 3 Professional Engineers and Professional Surveyors which may be reasonably necessary 4 for the proper performance of its duties and the regulation of its procedures, meetings, 5 records, examinations, and the conduct thereof. These actions by the board shall be 6 binding upon persons licensed under this Act and on non-licensees found by the board to 7 be in violation of provisions of this Act and shall be applicable to corporations holding a 8 certificate of authorization as provided in Section 160.10 of this Act. The board shall 9 adopt and have an official seal, which shall be affixed to each certificate issued. 10

B. In carrying into effect the provisions of this Act, the board may subpoena witnesses and 11 compel their attendance, and also may require the submission of books, papers, 12 documents, or other pertinent data, in any disciplinary matter, or in any case wherever a 13 violation of this Act is alleged. Upon failure or refusal to comply with any such order of 14 the board, or upon failure to honor its subpoena, as herein provided, the board may apply 15 to a court of any jurisdiction to enforce compliance with same. 16

C. The board is hereby authorized in the name of the jurisdiction to apply for relief by 17 injunction in the established manner provided in cases of civil procedure, without bond, to 18 enforce the provisions of this Act, or to restrain any violation thereof. In such proceedings, 19 it shall not be necessary to allege or prove, either that an adequate remedy at law does not 20 exist, or that substantial or irreparable damage would result from the continued violation 21 thereof. The members of the board shall not be personally liable under these proceedings. 22

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D. The board may subject an applicant for licensure to such examinations as it deems 23 necessary to determine their qualifications. 24

E. The board shall have the power and authority to require a demonstration of continuing 25 professional competency of engineers and surveyors as a condition of renewal or 26 relicensure. 27

F. The board has the authority for citation and fining of persons engaged in the unlawful 28 practice of engineering or surveying who are not licensed in this jurisdiction as provided 29 by law. 30

G. No action or other legal proceedings for damages shall be instituted against the board or 31 against any board member or employee or agent of the board for any act done in good 32 faith and in the intended performance of any power granted under this Act or for any 33 neglect or default in the performance or exercise in good faith of any such duty or power. 34

H. The board shall have the power and authority to waive requirements of this law pertaining 35 to surveying or engineering licensure provided consideration is given to safeguarding life, 36 health, and property and promoting the public welfare. 37

120.70 Receipts and Disbursements The secretary of the board shall receive and account for all monies derived under the 1 provisions of this Act. This fund shall be known as the “Professional Engineers’ and 2 Professional Surveyors’ Fund” and shall be kept in a local bank or deposited with the 3 jurisdiction treasurer, and shall be paid out only upon requisitions submitted by the secretary. 4 All monies in this fund are hereby specifically appropriated for the use of the board. The 5 secretary shall give a surety bond to the jurisdiction in such sum as may be required by the 6 laws of this jurisdiction. The premium on said bond shall be regarded as a proper and 7 necessary expense of the board. The secretary shall receive such salary as the board shall 8 determine. The board shall employ such clerical or other assistants as are necessary for the 9 proper performance of its work, and shall make expenditures from the abovementioned fund 10 for any purpose which, in the opinion of the board, is reasonably necessary for the proper 11 performance of its duties under this Act, including the expenses of the board’s delegates to 12 meetings of and membership fees to the National Council of Examiners for Engineering and 13 Surveying and any of its subdivisions. Under no circumstances shall the total amount of 14 warrants issued in payment of the expenses and compensation provided for in this Act exceed 15 the amount of monies collected. 16 120.80 Records and Reports A. The board shall keep a record of its proceedings and of all applications for licensure, 1

which record shall show (1) the name, age, and last known address of each applicant, (2) 2 the date of application, (3) the place of business of such applicant, (4) education, 3 experience, and other qualifications, (5) type of examination required, (6) whether or not 4 the applicant was rejected, (7) whether or not a certificate of licensure was granted, (8) the 5 date of the action by the board, and (9) such other information as may be deemed 6 necessary by the board. 7

B. The record of the board shall be prima facie evidence of the proceedings of the board, and 8 a transcript thereof, duly certified by the secretary under seal, shall be admissible as 9 evidence with the same force and effect as if the original were produced. 10

C. Annually, as of the end of the fiscal year, the board shall submit to the governor a report 11 of its transactions of the preceding year and shall transmit to the governor a complete 12

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statement of the receipts and expenditures of the board, attested by affidavits of its 13 chairperson and secretary. 14

D. Board records and papers of the following class are of a confidential nature and are not 15 public records: examination material for examinations not yet given, file records of 16 examination problem solutions, letters of inquiry and reference concerning applicants, 17 board inquiry forms concerning applicants, investigation files where any investigation is 18 still pending, and all other materials of like confidential nature. 19

120.90 Roster A complete roster showing the names and last known addresses of all licensed professional 1 engineers and of all licensed professional surveyors shall be published by the secretary of the 2 board once each year, or at intervals as established by board regulation. 3 130 CANDIDATES FOR LICENSURE130.10 General Requirements for Licensure

Education, experience, and examinations (as described in Model Rules) are required for 1 licensure as a professional engineer or professional surveyor. 2

A. As an Engineer Intern – The following shall be considered as minimum evidence that the 3

applicant is qualified for certification as an engineer intern. A college senior or graduate 4 of an engineering program of four years or more accredited by EAC/ABET, or the 5 equivalent, shall be admitted to an eight-hour written examination in the fundamentals of 6 engineering. Upon passing such examination and providing proof of graduation, the 7 applicant shall be certified or enrolled as an engineer intern, if otherwise qualified. 8

B. As a Surveyor Intern – The following shall be considered as minimum evidence to the 9 board that the applicant is qualified for certification as a surveyor intern. 10 1. A college senior or graduate of an EAC/ABET or ASAC/ABET surveying program of 11

four years or more shall be admitted to an eight-hour written examination in the 12 fundamentals of surveying. Upon passing such examination and providing proof of 13 graduation, the applicant shall be certified or enrolled as a surveyor intern, if the 14 applicant is otherwise qualified. 15

2. A graduate of a program related to surveying of four years or more as approved by the 16 board and with a specific record of two years of progressive experience in surveying 17 shall be admitted to an eight-hour written examination in the fundamentals of 18 surveying. Upon passing such examination, the applicant shall be certified or enrolled 19 as a surveyor intern, if the applicant is otherwise qualified. 20

3. A graduate of a four-year or more program as acceptable to the board and with a 21 specific record of four years of progressive experience in surveying shall be admitted 22 to an eight-hour written examination in the fundamentals of surveying. Upon passing 23 such examination, the applicant shall be certified or enrolled as a surveyor intern, if 24 the applicant is otherwise qualified. 25

C. Professional Engineer or Professional Surveyor – To be eligible for admission to the 26 examination for professional engineers or professional surveyors, an applicant must be of 27 good character and reputation and shall submit five references acceptable to the board 28 with his or her application for licensure, three of which references shall be professional 29 engineers or professional surveyors having personal knowledge of the applicant’s 30 engineering or surveying experience. 31

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1. As a Professional Engineer – The following shall be considered as minimum evidence 32 satisfactory to the board that the applicant is qualified for licensure as a professional 33 engineer. 34 a. Licensure by Comity – A person holding a certificate of licensure to engage in the 35

practice of engineering, issued by a proper authority of a jurisdiction or possession 36 of the United States, the District of Columbia, or any foreign country, based on 37 requirements that do not conflict with the provisions of this Act and possessing 38 credentials that are, in the judgment of the board, of a standard not lower than that 39 specified in the applicable licensure act in effect in this jurisdiction at the time 40 such certificate was issued may, upon application, be licensed without further 41 examination except as required to present evidence of knowledge of statutes, rules, 42 and design requirements unique to this jurisdiction. 43 44 A person holding an active Council Record with the National Council of 45 Examiners for Engineering and Surveying, whose qualifications as evidenced by 46 the Council Record, meet the requirements of this Act, in the judgment of the 47 board, may, upon application, be licensed without further examination except as 48 required to examine the applicant’s knowledge of statutes, rules, and design 49 requirements unique to this jurisdiction. 50

b. An engineer intern with a specific record of an additional four years or more of 51 progressive experience on engineering projects of a grade and a character which 52 indicates to the board that the applicant may be competent to practice engineering 53 shall be admitted to an eight-hour written examination in the principles and 54 practice of engineering. Upon passing such examinations, the applicant shall be 55 granted a certificate of licensure to practice engineering in this jurisdiction, 56 provided the applicant is otherwise qualified. 57

1. As a Professional Engineer (Alternative Section) 58 Jurisdictions that do not license by discipline – An engineer licensed in another 59 jurisdiction in a specific engineering discipline may be licensed by this board as a 60 professional engineer. 61 62 Jurisdictions that license by discipline – An engineer licensed as a professional 63 engineer in another jurisdiction may be licensed by this board in any discipline in 64 which the engineer can verify his or her competency. 65

2. As a Professional Surveyor – The evaluation of a professional surveyor applicant’s 66 qualifications involves consideration of education, technical, and surveying 67 experience, exhibits of surveying projects with which the applicant has been 68 associated, recommendations by references, and a review of these categories during an 69 examination. The surveyor intern applicant’s qualifications may be reviewed at an 70 interview if the board deems it necessary. The following shall be considered as 71 minimum evidence to the board that the applicant is qualified for licensure as a 72 professional surveyor. 73 a. Licensure by Comity – A person holding a certificate of licensure to engage in the 74

practice of surveying issued by a proper authority of a jurisdiction or possession of 75 the United States, the District of Columbia, or any foreign country, based on 76 requirements that do not conflict with the provisions of this Act and possessing the 77 credentials that are, in the judgment of the board, not lower than that specified in 78 the applicable licensure act in effect in this jurisdiction at the time such certificate 79

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was issued may, upon application, be licensed without further examination except 80 as required to present evidence of knowledge of statutes, rules, and surveying 81 requirements unique to this jurisdiction. 82 83 A person holding an active Council Record with the National Council of 84 Examiners for Engineering and Surveying, whose qualifications as evidenced by 85 the Council Record, meet the requirements of this Act, in the judgment of the 86 board, may, upon application, be licensed without further examination except as 87 required to examine the applicant’s knowledge of statutes, rules, and surveying 88 requirements unique to this jurisdiction. 89

b. A surveyor intern with a specific record of an additional four years of combined 90 office and field experience satisfactory to the board in surveying, of which a 91 minimum of three years’ progressive experience has been on surveying projects 92 under the supervision of a professional surveyor, shall be admitted to an eight-hour 93 written examination in the principles and practice of surveying. Upon passing such 94 examination, the applicant shall be granted a certificate of licensure to practice 95 surveying in this jurisdiction, provided the applicant is otherwise qualified. 96

130.20 Application and Licensure Fees A. Application for licensure as a professional engineer and/or professional surveyor or 1

certification as an engineer intern or surveyor intern shall be on a form prescribed and 2 furnished by the board; shall contain statements made under oath, showing the applicant’s 3 education and a detailed summary of technical and engineering experience or surveying 4 experience; and shall include the names and complete mailing addresses of the references, 5 none of whom should be members of the board, as set forth in Section 130.10. 6 7 The board may accept the verified information contained in a valid Council Record issued 8 by the National Council of Examiners for Engineering and Surveying for applicants in lieu 9 of the same information that is required on the form prescribed and furnished by the 10 board. 11

B. The licensure fee shall be established by regulation of the board for licensure as a 12 professional engineer or a professional surveyor, for certification as an engineer intern or 13 surveyor intern, and shall accompany the applications. 14

C. The certification fee for corporations shall be established by regulation of the board and 15 shall accompany the application. 16

D. Should the board deny the issuance of a certificate to any applicant, including the 17 application of a corporation for a certificate of authorization, the fee paid shall be retained 18 as an application fee. 19

130.30 ExaminationsA. The examinations will be held at such times and places as the board directs. The board 1

shall determine the acceptable passing grade on examinations. The board may require a 2 take-home, pre-application questionnaire based on this jurisdiction’s rules and regulations 3 as they apply to professionalism and ethics. 4

B. Written examinations will be given in two sections and may be taken only after the 5 applicant has met the other minimum requirements as given in Section 130.10, and has 6 been approved by the board for admission to the examinations as follows: 7

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1. Fundamentals of Engineering – The examination consists of an eight-hour test period 8 on the fundamentals of engineering. Passing this examination qualifies the examinee 9 for an engineer intern certificate, provided the examinee has met all other 10 requirements for certification required by this Act. 11

2. Principles and Practice of Engineering – The examination consists of an eight-hour 12 test period on applied engineering. Passing this examination qualifies the examinee for 13 licensure as a professional engineer, provided the examinee has met the other 14 requirements for licensure required by this Act. 15

3. Fundamentals of Surveying – The examination consists of an eight-hour test period on 16 the basic disciplines of surveying. Passing this examination qualifies the examinee for 17 a surveyor intern certification, provided the examinee has met all other requirements 18 for certification required by this Act. 19

4. Principles and Practice of Surveying – The examination consists of an eight-hour test 20 period on the applied disciplines of surveying, divided in separate parts as determined 21 by the board. Passing these parts qualifies the examinee for licensure as a professional 22 surveyor, provided the examinee has met the other requirements for licensure required 23 by this Act. 24

C. A candidate failing one examination may apply for re-examination, which may be granted 25 upon payment of a fee established by regulation of the board. Before readmission to the 26 examination, in the event of a second failure, the examinee may, at the discretion of the 27 board, be required to appear before the board with evidence of having acquired the 28 necessary additional knowledge to qualify. 29

D. The board may prepare and adopt specifications for the written examinations in 30 engineering and surveying. They shall be published in brochure form and be available to 31 any person interested in being licensed as a professional engineer or as a professional 32 surveyor. 33

140 LICENSEES 140.10 Certificates, Seals A. The board shall issue to any applicant who, in the opinion of the board, has met the 1

requirements of this Act, a certificate of licensure giving the licensee proper authority to 2 practice their profession in this jurisdiction. The certificate of licensure for a professional 3 engineer shall carry the designation “Professional Engineer” and for a professional 4 surveyor, “Professional Surveyor.” It shall give the full name of the licensee with 5 licensure number and shall be signed by the chairperson and the secretary under the seal 6 of the board. 7

B. This certificate shall be prima facie evidence that the person named thereon is entitled to 8 all rights, privileges, and responsibilities of a professional engineer or a professional 9 surveyor while the said certificate of licensure remains unrevoked and unexpired. 10

C. Each licensee hereunder must, upon licensure, obtain a seal, the use and design of which is 11 described in Section 110.20 K. It shall be unlawful for a licensee to affix or to permit their 12 seal and signature to be affixed to any document described here below after the expiration 13 or revocation of a license or for the purpose of aiding or abetting any other person to evade 14 or attempt to evade any provisions of this Act. Whenever the seal is applied, the document 15 must be signed by the licensee thereby certifying that he or she is competent in the subject 16 matter and was in responsible charge of the work product. Documents must be sealed and 17 signed in accordance with the Rules. 18

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D. The board shall issue to any applicant who, in the opinion of the board, has met the 19 requirements of this Act, an enrollment card as engineer intern or surveyor intern, which 20 indicates that their name has been recorded as such in the board office. The engineer 21 intern or surveyor intern enrollment card does not authorize the holder to practice as a 22 professional engineer or a professional surveyor. 23

140.20 Expirations, Renewals, and Reinstatement to Active Practice A. Certificates of licensure and certificates of authorization for firms shall expire on the last 1

day of the month of ..... following their issuance and shall become invalid after that date 2 unless renewed. It shall be the duty of the secretary of the board to notify every person 3 licensed under this Act and every firm holding a certificate of authorization under this Act 4 of the date of the expiration of the certificate of licensure or certificate of authorization 5 and the amount of the fee required for its renewal. Such notice shall be mailed to the 6 licensee or firm at their last known address at least one month in advance of the date of 7 the expiration of the certificate. 8

9 Renewal may be effected at any time prior to or during the month of ..... by payment of a 10

fee as established by regulation of the board. Renewal of an expired certificate may be 11 effected under rules promulgated by the board regarding requirements for re-examination 12 and penalty fees. 13

B. If a licensee is granted inactive status, the licensee may return to active status by notifying 14 the board in advance of this intention, by paying appropriate fees, and by meeting all 15 requirements of the board including demonstration of continuing professional competency 16 as a condition of reinstatement. 17

140.30 Reissuance of Certificates A new certificate of licensure or certificate of authorization to replace any certificate lost, 1 destroyed, or mutilated may be issued subject to the rules of the board. A charge established 2 by regulation shall be made for each issuance. 3 140.40 Public Works Any jurisdiction, county, or local government agencies or authorities, or officials or 1 employees thereof, shall not engage in the practice of engineering or surveying involving 2 either public or private property without the project being under the direct charge and 3 supervision of a professional engineer for engineering projects or a professional surveyor for 4 surveying projects, as provided for the practice of the respective professions by this Act. 5 150 DISCIPLINARY ACTION 150.10 Disciplinary Action Revocation, Suspension, Refusal to Issue, Restore or

Renew, Probation, Fine, Reprimand A. The board shall have the power to suspend, revoke, place on probation, fine and/or 1

reprimand, or to refuse to issue, restore or renew a certificate of licensure, to any 2 professional engineer or professional surveyor who is found guilty of: 3 1. The practice of any fraud or deceit in obtaining or attempting to obtain or renew a 4

certificate of licensure or certificate of authorization. 5 2. Any negligence, incompetency, or misconduct in the practice of engineering or 6

surveying. 7

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3. Conviction of or entry of a plea of guilty or nolo contendere to any crime which is a 8 felony, whether related to practice or not; and conviction of or entry of a plea of guilty 9 or nolo contendere to any crime, whether a felony, misdemeanor, or otherwise, an 10 essential element of which is dishonesty or which is directly related to the practice of 11 engineering or surveying. 12

4. Failure to comply with any of the provisions of this Act or any of the rules or 13 regulations pertaining thereto. 14

5. Discipline by another jurisdiction, territory, the District of Columbia, foreign country, 15 the United States government, or any other governmental agency, if at least one of the 16 grounds for discipline is the same or substantially equivalent to those contained in this 17 section. 18

6. Failure to provide information requested by the board as a result of a formal or 19 informal complaint to the board which would indicate a violation of this Act. 20

7. Knowingly making false statements or signing false statements, certifications, or 21 affidavits to induce payment. 22

8. Aiding or assisting another person in violating any provision of this Act or the rules or 23 regulations pertaining thereto. 24

9. Violating any terms of probation imposed by the board or using a seal or practicing 25 engineering or surveying while the professional engineer’s license or professional 26 surveyor’s license is suspended, revoked, non-renewed, or inactive. 27

10. Signing, affixing, or permitting the licensee’s seal or signature to be affixed to any 28 specifications, reports, drawings, plans, plats, design information, construction 29 documents or calculations, surveys, or revisions thereof which have not been prepared 30 by the licensee or under the licensee’s responsibility or direct personal supervision. 31

11. Engaging in dishonorable, unethical, or unprofessional conduct of a character likely to 32 deceive, defraud, or harm the public. 33

12. Providing false testimony or information to the board. 34 13. Habitual intoxication or addiction to the use of drugs or alcohol. 35 14. Providing engineering or surveying services outside any of the licensee’s areas of 36

competence. Licensees must demonstrate by education or experience that they are 37 competent to practice in their field. 38

B. In addition to or in lieu of any other penalty provided in this section, any licensee who 39 violates a provision of this Act or any rule or regulation pertaining thereto, a civil penalty 40 in an amount determined by the board of not more than $5,000 for each offense. 41 1. Each day of continued violation may constitute a separate offense. 42 2. In determining the amount of civil penalty to be assessed pursuant to this section the 43

board may consider such factors as the following: 44 a. Whether the amount imposed will be a substantial economic determent to the 45

violation; 46 b. The circumstances leading to the violation; 47 c. The severity of the violation and the risk of harm to the public. 48

C. The board shall have prepared and shall adopt Rules of Professional Responsibility for 49 Professional Engineers and Professional Surveyors as provided for in Section 120.60 A, 50 which shall be made known in writing to every licensee and applicant for licensure under 51 this Act, and which shall be published in the roster provided for in Section 120.90. Such 52 publication shall constitute due notice to all licensees. The board may revise and amend 53 these Rules of Professional Responsibility for Professional Engineers and Professional 54

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Surveyors from time to time and shall forthwith notify each licensee in writing of such 55 revisions or amendments. 56

D. In addition to any other penalty provided in this section, the board shall have the power to 57 revoke, suspend, place on probation, fine and/or reprimand, or refuse to issue, restore or 58 renew, the certificate of authorization of any firm where one or more of its officers, 59 directors, partners, members, or managers have been found guilty of any conduct which 60 would constitute a violation under the provisions of this section. 61

E. Before issuing an order under this section, the board shall provide the person written 62 notice and the opportunity to request, within 30 days of issuance of notice by the board, a 63 hearing on the record. 64

F. In connection with proceeding under Subsections A and B of this section, the board may 65 issue subpoenas to compel the attendance and testimony of witnesses and the disclosure of 66 evidence, and may request the attorney general to bring an action to enforce a subpoena. 67

150.20 Disciplinary Action Procedures A. Any person may prefer charges of fraud, deceit, gross negligence, incompetence, 1

negligence, misconduct, or violation of the Rules of Professional Responsibility for 2 Professional Engineers and Professional Surveyors against any individual licensee or 3 against any firm holding a certificate of authorization. 4

B. All charges, unless dismissed by the board as unfounded, trivial, or unless settled 5 informally, shall be heard by the board. The time and place for the hearings shall be fixed 6 by the board and a copy of the charges, together with a notice of the time and place of 7 hearing, shall be personally served on or mailed to the last known address of such 8 individual licensee or firm holding a certificate of authorization at least thirty days before 9 the date fixed for the hearing. At any hearing, the accused individual licensee or firm 10 holding a certificate of authorization shall have the right to appear in person or by counsel, 11 or both, to cross-examine witnesses in their defense and to produce evidence and 12 witnesses in their own defense. If the accused person or firm fails or refuses to appear, the 13 board may proceed to hear and determine the validity of the charges. 14

C. If after such hearing a majority of the board votes in favor of sustaining the charges, the 15 board shall reprimand, fine in an amount not to exceed ..... dollars ($.....) for each count, 16 refuse to issue, restore or renew, place on probation for a period of time, and subject to 17 such conditions as the board may specify, suspend, revoke, or any combination thereof, 18 the individual’s certificate of licensure or a firm’s certificate of authorization. 19

D. An individual licensee having a certificate of licensure or a firm having a certificate of 20 authorization aggrieved by any action of the board in levying a fine, denying, suspending, 21 refusing to issue, restore or renew, or revoking their certificate of licensure or a firm’s 22 certificate of authorization, may appeal therefrom to the proper court under normal civil 23 procedures. 24

E. A penalty assessed pursuant to Section 150.10 B of this Act shall be assessed in a 25 proceeding as provided in this section. Unless the amount of the penalty is paid within 50 26 days after the order becomes final, the order shall constitute a judgment and shall be filed 27 and execution issued thereon in the same manner as any other judgment of a court of 28 record. 29

F. The board may, upon petition of an individual licensee or firm holding a certificate of 30 authorization, reissue a certificate of licensure or authorization, provided that a majority of 31 the members of the board votes in favor of such issuance. 32

16

150.30 Civil Penalties for Non-Licensees A. In addition to any other provisions of law, the board may enter an order assessing a civil 1

penalty against any person, firm, partnership, or corporation found guilty by the board of: 2 1. Engaging in the practice or offer to practice of engineering or surveying in this 3

jurisdiction without being licensed in accordance with the provisions of this Act; 4 2. Using or employing the words “engineer,” “engineering,” “surveyor,” “surveying,” or 5

any modification or derivative thereof in its name or form of business activity except 6 as authorized in this Act; 7

3. Presenting or attempting to use the certificate of licensure or the seal of another 8 licensed engineer or licensed surveyor; 9

4. Giving false or forged evidence of any kind to the board or any member thereof in 10 obtaining or attempting to obtain a certificate of licensure; 11

5. Falsely impersonating any other licensed engineer or licensed surveyor of like or 12 different name; or 13

6. Using or attempting to use an expired, suspended, or revoked or non-existent 14 certificate of licensure. 15

B. A civil penalty levied under this section may not exceed $5,000 for each offense. 16 C. Each day of continued violation may constitute a separate offense. 17 D. In determining the amount of civil penalty to be assessed pursuant to this section, the 18

board may consider such factors as the following: 19 1. Whether the amount imposed will be a substantial economic deterrent to the violation; 20 2. The circumstances leading to the violation; 21 3. The severity of the violation and the risk of harm to the public; 22 4. The economic benefits gained by the violator as a result of non-compliance; and 23 5. The interest of the public. 24

E. Before issuing an order under this section, the board shall provide the person written 25 notice and the opportunity to request, within 30 days of issuance of notice by the board, a 26 hearing on the record. 27

F. In connection with proceeding under Subsections A and B of this section, the board may 28 issue subpoenas to compel the attendance and testimony of witnesses and the disclosure of 29 evidence, and may request the attorney general to bring an action to enforce a subpoena. 30

G. A person aggrieved by the levy of a civil penalty under this section may file an appeal 31 with the superior court for judicial review of the penalty aforementioned. 32

H. If a person fails to pay a civil penalty within 30 days after entry of an order under 33 Subsection A of this section, or if the order is stayed pending an appeal, within 10 days 34 after the court enters a final judgment in favor of the board of an order appealed under 35 Subsection E of this section, the board shall notify the attorney general. The attorney 36 general may commence a civil action to recover the amount of the penalty, plus attorney’s 37 fees and costs. 38

I. An action to enforce an order under this section may be combined with an action for an 39 injunction. 40

150.40 Criminal Offenses Any person who shall practice or offer to practice engineering or surveying in this jurisdiction 1 being licensed in accordance with the provisions of this Act, or any person, firm, partnership, 2 organization, association, corporation, or other entity using or employing the words 3 “Engineer” or “Engineering,” “Surveyor” or “Surveying,” or any modification or derivative 4 thereof in its name or form of business activity except as authorized in this Act, or any person 5

17

presenting or attempting to use the certificate of licensure or the seal of another, or any person 6 who shall give any false or forged evidence of any kind to the board or to any member thereof 7 in obtaining or attempting to obtain a certificate of licensure, or any person who shall falsely 8 impersonate any other licensee of like or different name, or any person who shall attempt to 9 use an expired, suspended or revoked, or non-existent certificate of licensure, or who shall 10 practice or offer to practice when not qualified, or any person who falsely claims that they are 11 licensed or authorized under this Act, or any person who shall violate any of the provisions of 12 the Act, shall be guilty of a (highest degree of) misdemeanor for the first offense and a 13 (lowest degree of) felony for the second or any subsequent offenses. 14 15 It shall be the duty of the attorney general of the jurisdiction to enforce the provisions of this 16 Act and to prosecute any person violating same. 17 18 The attorney general of the jurisdiction or the assistant shall act as legal adviser to the board 19 and render such legal assistance as may be necessary in carrying out the provisions of this 20 Act. The board may employ counsel and necessary assistance to aid in the enforcement of this 21 Act and the compensation and expenses therefore shall be paid from the funds of the board. 22 160 MISCELLANEOUS 160.10 Certificates of Authorization A. A firm that practices or offers to practice engineering or surveying is required to obtain a 1

certificate of authorization by the board in accordance with the Rules. 2 B. An engineering or surveying firm desiring a certificate of authorization must file with the 3

board an application using a form provided by the board and provide all the information 4 required by the board. A form as provided by the board shall be filed with the board upon 5 renewal or within thirty days of the time any information contained on the application 6 form is changed or differs for any reason. If in the judgment of the board the application 7 meets the requirements of this Act, the board shall issue a certificate of authorization for 8 said firm to practice engineering or surveying. 9

C. This section shall not require a certificate of authorization for a firm performing 10 engineering or surveying for the firm itself or a parent or subsidiary of said firm. 11

D. No firm shall be relieved of responsibility for the conduct or acts of its agents, employees, 12 officers, partners, members, or managers by reason of its compliance with the provisions 13 of this section. No individual practicing engineering or surveying under the provisions of 14 this Act shall be relieved of responsibility for engineering or surveying services performed 15 by reason of employment or other relationship with a firm holding a certificate of 16 authorization. 17

E. The secretary of state of this jurisdiction shall not accept organizational papers nor issue a 18 certificate of incorporation, licensure, or authorization to any firm which includes among 19 the objectives for which it is established or within its name, any of the words “engineer,” 20 “engineering,” “surveyor,” “surveying,” or any modification or derivation thereof unless 21 the board of licensure for this profession has issued for said applicant a certificate of 22 authorization or a letter indicating the eligibility of such applicant to receive such a 23 certificate. The firm applying shall supply such certificate or letter from the board with its 24 application for incorporation, licensure, or authorization. 25

F. The secretary of state of this jurisdiction shall decline to license any trade name or service 26 mark which includes such words as set forth in the above article, or modifications or 27

18

derivatives thereof in its firm name or logotype except those firms holding certificates of 28 authorization issued under the provisions of this section. 29

G. The certificate of authorization shall be renewed as hereinbefore provided in Section 30 140.20 A. 31

H. An engineer or surveyor who renders occasional, part-time, or consulting engineering or 32 surveying services to or for a firm may not, for the purposes of this section, be designated 33 as being in responsible charge of the professional activities of the firm unless the engineer 34 or surveyor is an officer or owner of the firm. 35

160.20 Exemption Clause This Act shall not be construed to prevent the practice by: 1 A. Other Professions – The practice of any other legally recognized profession. 2 B. Contingent Permits – A contingent license may be issued by the board or its Executive 3

Officer to an applicant for comity licensure if the applicant appears to meet the 4 requirements for comity licensure. Such a contingent license will be in effect from its date 5 of issuance until such time as the board takes final action on the application for comity 6 licensure. If the board determines that the applicant does not meet the requirements for 7 issuance of a comity license, the contingent license shall be immediately and 8 automatically revoked and no comity license will be issued. 9

C. Employees and Subordinates – The work of an employee or a subordinate of a person 10 holding a certificate of licensure under this Act, or an employee of a person practicing 11 lawfully under Subsection B of this section, provided such work does not include final 12 engineering or surveying designs or decisions and is done under the direct supervision of 13 and verified by a person holding a certificate of licensure under this Act or a person 14 practicing lawfully under Subsection B of this section. 15

160.30 Duties of Recorders It shall be unlawful for the recorder of deeds or the registrar of titles of any county or proper 1 public authority to file or record any map, plat, survey, or other documents within the 2 definition of surveying as set forth in this Act which do not have impressed thereon and 3 affixed thereto the personal signature and seal of a professional surveyor by whom or under 4 whose direct supervision the map, plat, survey, or other documents were prepared. 5 160.40 Invalid Sections If any of the provisions of this Act or if any rule, regulation, or order thereunder or if the 1 application of such provision to any person or circumstance shall be held invalid, the 2 remainder of this Act and the application of such provision of this Act or such rule, 3 regulation, or order to persons or circumstances, other than those as to which it is held invalid, 4 shall not be affected thereby. 5 160.50 Repeal of Conflicting Legislation All laws or parts of laws in conflict with the provisions of this Act shall be, and the same are 1 hereby repealed. 2

160.60 Grandfathering of Photogrammetrists A. Licensure of Professionals Currently Practicing Surveying as defined in the Model Law, 1

Section 110.20 B.4.a. – Any person presently practicing surveying in the jurisdiction of 2 ….., as defined in Section 110.20 D of (the Model Law), using photogrammetric 3

19

technologies with at least eight years’ experience in the profession, two or more of which 4 shall have been in responsible charge of photogrammetric mapping projects meeting 5 ASPRS Aerial Photography and Mapping Standards, or U.S. National Mapping Standards, 6 shall, upon application, be licensed to practice surveying and/or mapping in the 7 jurisdiction of ….., provided: 8 1. The applicant submits certified proof of graduation from high school, high school 9

equivalency, or a higher degree. 10 2. The applicant, optionally, submits: certified proof of a baccalaureate degree in 11

surveying or a related field of study approved by the (board), which may be 12 substituted for four of the above required years of experience; or certified proof of a 13 master’s degree in surveying or a related field of study approved by the (board), which 14 may be substituted for a maximum of five of the above required years of experience. 15

3. The applicant submits proof of employment in responsible charge of photogrammetric 16 surveying and/or mapping projects, practicing within any of the fifty United States, 17 including itemized reports detailing methods, procedures, amount of the applicant’s 18 personal involvement, and the name, address, and telephone numbers of the client for 19 five projects completed under the supervision of the applicant within the United 20 States. A final map for each of the five projects shall also be submitted. 21

4. The applicant submits five references as to the applicant’s character and quality of 22 work, three of which shall be from professional surveyors, mappers, or engineers 23 currently practicing within the scope of their license in an area of surveying and/or 24 mapping. 25

5. Said application is filed with the board within two years, next after 26 __________________ 20__. Thereafter, no photogrammetric surveyor or mapper shall 27 be licensed without meeting the requirements for education, length of experience, 28 testing, or reciprocity criteria, as set forth by the board for all applicants. 29

160.70 Effective Date This law shall take effect ..... days from and after the date of passage.1

21

APPENDIX A Cross Reference for Model Law

Based on August 2003 revision. Italic font indicates summary paraphrase of paragraph contents. Bold font is used as an aid to guiding the eye, as is line spacing. Table 1. Model Law vs. Model Rules and Regulations

MODEL LAW SECTION DESCRIPTOR

CORRESPONDING MODEL RULES

SECTION An Act An Act SECTION 110 INTRODUCTION Section 110.10 General Provisions 110.10 A Regulation of Engineers and Surveyors 110.10 B Independent Board Section 110.20 Definitions 110.20 A Engineer 210.20 A.1 110.20 A.1 Engineer ˝ 110.20 A.2 Professional Engineer ˝ 110.20 A.3 Professional Engineer, Retired ˝ 110.20 A.4 Engineer Intern ˝ 110.20 A.5 Practice of Engineering ˝ 110.20 A.6 Inactive Licensee ˝ 110.20 B Professional Surveyor 210.20 A.2 110.20 B.1 Professional Surveyor ˝ 110.20 B.2 Professional Surveyor, Retired ˝ 110.20 B.3 Surveyor Intern ˝ 110.20 B.4 Practice of Surveying ˝ 110.20 B.5 Inactive Licensee ˝ 110.20 C Board 210.20 A.3 110.20 D Jurisdiction ˝ 110.20 E Responsible Charge ˝ 110.20 F Rules of Professional Responsibility for Professional

Engineers and Professional Surveyors ˝

110.20 G Firm ˝ 110.20 H Managing Agent ˝ 110.20 I Rules ˝ 110.20 J Signature ˝ 110.20 K Seal ˝ SECTION 120 THE LICENSING BOARD Section 120.10 Board Appointments, Terms 220.10 A Section 120.20 Board Qualifications 220.10 B Section 120.30 Board Compensation, Expenses 220.10 H Section 120.40 Board Removal of Members, Vacancies Section 120.50 Board Organization and Meetings 220.10 C, D, E Section 120.60 Board Powers

22



SECTION 120.60 A Power to adopt/amend bylaws/rules of procedure, not

inconsistent with constitution and laws of jurisdiction; binding on licensees and non-licensees, and corporations holding a certificate of authorization; board to have official seal.

210.10 B, C 240.20 A 220.20 A

120.60 B Subpoena witnesses/evidence; court to enforce compliance if needed.

120.60 C Apply for relief by injunction; board members not personally liable.

120.60 D Subject applicant for licensure to examinations 120.60 E Authority to require continuing professional competency

as condition of renewal/relicensure 240.30

120.60 F Authority for citation and fining of persons engaged in unlawful practice who are not licensed in jurisdiction

120.60 G No action or other legal proceedings for damages against Board, Board member, or employee/agent of Board

120.60 H Board has power and authority to waive requirements Section 120.70 Receipts and Disbursements 220.10 J Section 120.80 Records and Reports 120.80 A Record of proceedings and applications for licensure 120.80 B Record of board is evidence of proceedings of the board 120.80 C Annual report to governor 120.80 D Class of records and papers of a confidential nature 220.10 L Section 120.90 Roster 220.10 M SECTION 130 CANDIDATES FOR LICENSURE Section 130.10 General Requirements for Licensure 230.30 A, B 130.10 A As an Engineer Intern 130.10 B As a Surveyor Intern 130.10 B.1 Graduate EAC/ABET, ASAC/ABET surveying program +

FLS

130.10 B.2 Graduate of related survey curriculum + experience + FLS

130.10 B.3 Graduate of program + experience + FLS 130.10 C Professional Engineer or Professional Surveyor 130.10 C.1 As a Professional Engineer 230.10 A

230.20 A 230.40 B

130.10 C.1 (alternative section)

As a Professional Engineer (alternative section)

130.10 C.1.a Licensure by Comity 130.10 C.1.b Licensure by E.I., experience, and examination 130.10 C.2 As a Professional Surveyor 230.10 B

230.20 B 230.40 D 230.50 B

130.10 C.2.a Licensure by Comity 130.10 C.2.b Licensure by S.I., experience, and examination

23



SECTION Section 130.20 Application and Licensure Fees 230.60 A, B

220.30 C 130.20 A On form prescribed/furnish by board; under oath 130.20 B License fee established by board, shall accompany

application

130.20 C Certification fee for corporations 130.20 D Should board deny issuance of certificate, fee is retained

as an application fee

Section 130.30 Examinations 130.30 A Held at time/place the board directs; board determines

passing grade; board may require take home questionnaire on professionalism/ethics

230.40 E

130.30 B Written examinations given in two sections 230.40 A 230.40 C

130.30 B.1 Fundamentals of Engineering 130.30 B.2 Principles and Practice of Engineering 130.30 B.3 Fundamentals of Surveying 130.30 B.4 Principles and Practice of Surveying 130.30 C Failing candidate may apply for reexamination 230.40 J 130.30 D Board may prepare and adopt specifications for the

written examinations 230.40 G

SECTION 140 LICENSEES Section 140.10 Certificates, Seals 240.10 A, B

240.20 C 140.10 A Issuance of Certificate of Licensure 140.10 B Certificate of Licensure is prima facie evidence 140.10 C Licensee must obtain seal; use of seal 240.20 B, C 140.10 D Issuance of enrollment card as E.I. or S.I. Section 140.20 Expirations, Renewals, and Reinstatement to Active

Practice 220.30 F 240.40 A

140.20 A Expirations and renewals 140.20 B Return to active status by inactive licensee Section 140.30 Reissuance of Certificates 220.30 G

240.10 D Section 140.40 Public Works SECTION 150 DISCIPLINARY ACTION Section 150.10 Disciplinary Action Revocation, Suspension, Refusal to

Issue, Restore or Renew, Probation, Fine, Reprimand

150.10 A Board has power to suspend, revoke, refuse to issue/restore/renew, etc., license of PE/PS/PLS found guilty of any of 14 types of violations

150.10 B Board can impose civil penalty of not more than $5,000 for each offense

150.10 C Board prepares/adopts rules of professional responsibility; and informs all licensees of amendments and revisions. See also Sections 120.60 and 120.90.

250.10 A

150.10 D Board has power to revoke/suspend/etc. the certificate of authorization for a firm which has guilty members.

24



SECTION 150.10 E Board issues written notice to violator prior to issuing an

order under this section; opportunity to request hearing

150.10 F Board may issue subpoenas for witnesses and evidence; attorney general can enforce the subpoena

Section 150.20 Disciplinary Action Procedures 150.20 A Any person may prefer charges against licensee/firm

holding certificate of authorization 250.30 A

150.20 B

All charges, unless dismissed/settled informally, shall be heard by the board. Also, notification of the accused, rights of the accused, and conduct of the hearing

150.20 C After hearing, majority of board sustains charges, board can reprimand, fine, suspend/revoke/etc. individual’s certificate of licensure or firm’s certificate of authorization

150.20 D Individual/firm aggrieved by board actions may appeal to the proper court under normal civil procedures

150.20 E Penalty assessed pursuant to Section 150.10 B, unless paid within 50 days shall constitute a judgment and be filed/executed as any other judgment of a court of record

150.20 F Board may, upon petition, reissue certificate of licensure/authorization, if majority of board votes in favor

250.40 A, B

Section 150.30 Civil Penalties for Non-Licensees 250.20 150.30 A Enumeration of unlicensed

practices/misrepresentations/fraud

150.30 B Board can impose civil penalty of not more than $5,000 for each offense

150.30 C Each day of continued violation may be a separate offense 150.30 D Determination of amount of civil penalty 150.30 E Board issues written notice to violator prior to issuing an

order under this section; opportunity to request hearing

150.30 F Board may issue subpoenas for witnesses and evidence; attorney general can enforce the subpoena

150.30 G Individual aggrieved by levy of civil penalty may appeal to the superior court for judicial review

150.30 H If person fails to pay civil penalty, board notifies attorney genera, to commence civil action to recover penalty plus attorney’s fees/costs

150.30 I Action to enforce order may be combined with action for injunction

Section 150.40 Criminal Offenses SECTION 160 MISCELLANEOUS Section 160.10 Certificates of Authorization 160.10 A Practice by individuals through a firm 160.10 B Application for certificate of authorization is filed with the

board.

160.10 C This Act does not prevent firm from performing services for itself or subsidiary

160.10 D Firm not relieved of responsibility for conduct/acts of its agents/employees/officers/etc.

25



SECTION 160.10 E Rules for secretary of jurisdiction to issue certificate of

incorporation

160.10 F

Rules for secretary of jurisdiction to issue trade names/service marks

160.10 G Rules for secretary of jurisdiction to issue trade names/service marks

160.10 H PE/PLS rendering part-time/consulting services not responsible for professional activities of firm

Section 160.20 Exemption Clause 160.20 A Other Professions 160.20 B Contingent Permits 160.20 C Employees and Subordinates Section 160.30 Duties of Recorders (recorders of deeds/registrar of titles

may not file documents unless signed/sealed by PS/LS)

Section 160.40 Invalid Sections Section 160.50 Repeal of Conflicting Legislation Section 160.60 Grandfathering of Photogrammetrists Section 160.70 Effective Date

26

APPENDIX B

References to Internal Citations in Model Law

MODEL LAW CITATION

MODEL LAW CITATION REFERENCED WITHIN

CITATIONS IN COLUMN 1

MODEL LAW CITATION THAT REFERENCES

CITATIONS IN COLUMN 1

110.20 B.4.a 160.60 A 110.20 D 160.60 A 110.20 H 160.10

110.20 H.3 150.10 C 110.20 I 120.60 110.20 K 140.10 C 120.10 120.20 (twice) 120.40 120.20 120.10 120.40 120.10 120.60 110.20 I

120.60 A 160.10 150.10 C 120.90 150.10 C 130.10 130.20 A

130.20 A 130.10 140.20 A 160.10 G 150.10 B 150.20 E 150.10 C 120.60 A

120.90 110.20 H.3

150.20 E 150.10 B 160.10 110.20 H

120.60 A 160.10 G 140.20 A 160.60 A 110.20 B.4.a

110.20 D

Prepared by the National Council of Examiners for Engineering and Surveying

P.O. Box 1686 (280 Seneca Creek Rd.)

Clemson, South Carolina 29633-1686

Telephone: 864-654-6824 Toll Free: 800-250-3196

Fax: 864-654-6033 www.ncees.org

Printed October 2003, 250

MODEL RULES REVISED AUGUST 2003

N A T I O N A L C O U N C I L O F E X A M I N E R S

F O R E N G I N E E R I N G A N D S U R V E Y I N G®

MODEL RULES

REVISED AUGUST 2003

© 2003, All Rights Reserved National Council of Examiners for Engineering and Surveying®

iii

CONTENTS 210 INTRODUCTION, 1

210.10 Introduction, 1 210.20 Definitions, 1

210.25 Inclusions and Exclusions of Surveying Practice, 2

220 THE LICENSING BOARD, 4 220.10 Organization of the Board, 4 220.20 Adoption and Amendment of Rules, 6 220.30 Fees, 8

230 CANDIDATES FOR LICENSURE, 9 230.10 Programs Approved by the Board, 9 230.20 Experience, 10 230.30 References, 11 230.40 Examinations, 12 230.50 Classifications and Disciplines of Engineering and Surveying, 14 230.60 Applications, 14

240 LICENSEES, 16 240.10 Licensure, 16

240.15 Rules of Professional Conduct, 17 240.20 Seals, 18 240.30 Continuing Professional Competency, 20 240.40 Expirations, Renewals, and Reinstatement to Active Practice, 23

250 DISCIPLINARY ACTIONS, 24 250.10 Professional Conduct, 24 250.20 Compliance, 24 250.30 Disciplinary Action of Licensees, 24 250.40 Reinstatement of Licensure or Certification after Revocation, 27 250.50 Conflict and Bias, 27

260 MISCELLANEOUS, 27 260.10 Severability, 27

APPENDIX A – Suggested Guidelines for Progressive Engineering Experience, 28

APPENDIX B – Suggested Guidelines for Progressive Surveying Experience, 30

APPENDIX C – Cross Reference for Model Rules, 32

1

210 INTRODUCTION 210.10 Introduction A. Purpose

The purpose of adopting rules of procedure is to ensure the protection of the public by ensuring the proper performance of the duties of the board of licensure by the regulation of member and personnel procedures, meetings, records, examinations, and the conduct thereof.

B. Requirements for Adoption

The adopted rules of procedure may not be inconsistent with the constitution and laws of this jurisdiction. They must be approved by appropriate legislative authority of the jurisdiction. (Section 120.60 A, Board Powers, NCEES Model Law)

C. Authority of Rules

Rules of procedure adopted by the board shall be binding upon persons licensed under the Act and shall be applicable to corporations holding a certificate of authorization. (Section 120.60 A, Board Powers, NCEES Model Law)

210.20 Definitions A. The NCEES Model Law, Section 110.20, Definitions, provides definitions of the following terms:

1. Engineering a. Engineer b. Professional engineer c. Professional engineer, retired d. Engineer intern e. Practice of engineering f. Inactive licensee

2. Surveying a. Professional surveyor b. Professional surveyor, retired c. Surveyor intern d. Practice of surveying e. Inactive licensee

3. Other a. Board b. Jurisdiction c. Responsible charge d. Rules of Professional Responsibility for Professional Engineers and Professional

Surveyors e. Firm f. Managing agent g. Rules h. Signature i. Seal

2

B. The following definitions are included in Model Rules only: 1. Model Law Engineer – The term “Model Law Engineer” refers to a person who:

a. Is a graduate of an engineering program accredited by the Engineering Accreditation Commission of ABET, Inc. (EAC/ABET)

b. Has passed the eight-hour NCEES Fundamentals of Engineering (FE) exam and an eight-hour NCEES Principles and Practice of Engineering (PE) exam using the NCEES cut score (Section 110.20, Definitions, NCEES Model Law)

c. Has completed four years of acceptable engineering experience after confirmation of a bachelor of science degree in an engineering program, which may include up to one year of experience for a graduate engineering degree

d. Has a record clear of disciplinary action 2. Model Law Surveyor – The term “Model Law Surveyor” refers to a person who:

a. Is a graduate of an EAC/ABET-accredited Surveying Engineering Group program, a Surveying and Mapping Group program accredited by the Applied Science Accreditation Commission of ABET (ASAC/ABET)

b. Has passed the eight-hour NCEES Fundamentals of Surveying (FLS) exam and a six-hour NCEES Principles and Practice of Land Surveying exam using the NCEES cut score

c. Has completed four years of acceptable surveying experience after confirmation of a Bachelor of Science degree in a surveying/geomatics program, which may include up to one year of experience for a graduate surveying/geomatics degree

d. Has a record clear of disciplinary action The jurisdiction may require a Model Law Surveyor to pass its state-specific exam for surveyors.

3. Model Law Engineer–Structural Engineering – The term “Model Law Engineer–Structural

Engineering” refers to a licensed engineer who: a. Is a graduate of an engineering program accredited by the Engineering Accreditation

Commission of ABET, Inc. (EAC/ABET) b. Has passed a minimum of 18 semester (27 quarter) hours of structural analysis and design

courses. At least 9 of the semester (14 quarter) hours must be structural design courses. c. Passes the 8-hour NCEES Fundamentals of Engineering (FE) exam. d. Passes 16 hours of structural examinations consisting of one of the following:

(1) NCEES structural examinations, 8 hours of which are SE II (2) 16-hour state-written structural examinations taken prior to 2004 (3) NCEES SE II plus 8-hour state-written examinations

e. Completes four years of acceptable structural engineering experience after confirmation of a bachelor’s degree. A maximum of one year of credit may be given for graduate engineering degrees that include at least 6 semester (9 quarter) hours of structural engineering (in addition to the 18 hours noted above).

f. Has a record clear of disciplinary action.

3

210.25 Inclusions and Exclusions of Surveying Practice A. Activities Included within Surveying Practice

Activities that must be accomplished under the responsible charge of a professional surveyor (unless specifically exempted in Section B below) include, but are not limited to, the following: 1. The creation of maps and georeferenced databases representing authoritative locations for

boundaries, the location of fixed works, or topography. This includes maps and georeferenced databases prepared by any person, firm, or government agency where that data is provided to the public as a survey product.

2. Original data acquisition, or the resolution of conflicts between multiple data sources, when used for the authoritative location of features within the following data themes: geodetic control, orthoimagery, elevation and hydrographic, fixed works, private and public boundaries, and cadastral information.

3. Certification of positional accuracy of maps or measured survey data. 4. Adjustment or authoritative interpretation of raw survey data. 5. Geographic Information System- (GIS) based parcel or cadastral mapping used for

authoritative boundary definition purposes wherein land title or development rights for individual parcels are, or may be, affected.

6. Authoritative interpretation of maps, deeds, or other land title documents to resolve conflicting data elements.

7. Acquisition of field data required to authoritatively position fixed works or cadastral data relative to geodetic control.

8. Analysis, adjustment or transformation of cadastral data of the of the parcel layer(s) with respect to the geodetic control layer within a GIS resulting in the affirmation of positional accuracy.

B. Activities Excluded from Surveying Practice

A distinction must be made in the use of electronic systems between making or documenting original measurements in the creation of survey products, versus the copying, interpretation, or representation of those measurements in such systems. Further, a distinction must be made according to the intent, use, or purpose of measurement products in electronic systems to determine a definitive location versus the use of those products as a locational reference for planning, infrastructure management, and general information. The following items are not to be included as activities within the definition of surveying: 1. The creation of general maps:

a. Prepared by private firms or government agencies for use as guides to motorists, boaters, aviators or pedestrians;

b. Prepared for publication in a gazetteer or atlas as an educational tool or reference publication;

c. Prepared for or by education institutions for use in the curriculum of any course of study; d. Produced by any electronic or print media firm as an illustrative guide to the geographic

location of any event; e. Prepared by laypersons for conversational or illustrative purposes. This includes

advertising material and users guides. 2. The transcription of previously georeferenced data into a GIS or LIS by manual or electronic

means, and the maintenance thereof, provided the data are clearly not intended to indicate the authoritative location of property boundaries, the precise definition of the shape or contour of the earth, and/or the precise location of fixed works of humans.

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3. The transcription of public record data, without modification except for graphical purposes, into a GIS- or LIS-based cadastre (tax maps and associated records) by manual or electronic means, and the maintenance of that cadastre, provided the data are clearly not intended to authoritatively represent property boundaries. This includes tax maps and zoning maps.

4. The preparation of any document by any federal government agency that does not define real property boundaries. This includes civilian and military versions of quadrangle topographic maps, military maps, satellite imagery, and other such documents.

5. The incorporation or use of documents or databases prepared by any federal agency into a GIS/LIS, including but not limited to, federal census and demographic data, quadrangle topographic maps, and military maps.

6. Inventory maps and databases created by any organization, in either hard-copy or electronic form, of physical features, facilities, or infrastructure that are wholly contained within properties to which they have rights or for which they have management responsibility. The distribution of these maps and/or databases outside the organization must contain appropriate metadata describing, at a minimum, the accuracy, method of compilation, data source(s) and date(s), and disclaimers of use clearly indicating that the data are not intended to be used as a survey product.

7. Maps and databases depicting the distribution of natural resources or phenomena prepared by foresters, geologists, soil scientists, geophysicists, biologists, archeologists, historians, or other persons qualified to document such data.

8. Maps and georeferenced databases depicting physical features and events prepared by any government agency where the access to that data is restricted by statute. This includes georeferenced data generated by law enforcement agencies involving crime statistics and criminal activities.

220 THE LICENSING BOARD 220.10 Organization of the Board A. Composition and Selection of the Board

The board consists of ..... professional engineers, ..... professional surveyors, and ..... public members, who are appointed by the governor. They are appointed on a staggered basis so that the terms of members expire at different times. The term of each member is ..... years. Each member holds office until the expiration of the term or until a successor has been appointed and has qualified. If a vacancy on the board occurs for any reason and the governor fails to appoint a successor within three months, the board has the power to fill the vacancy until the governor makes an appointment. (Section 120.10, Board Appointments, Terms, NCEES Model Law)

B. Qualifications of Members 1. Each engineering member of the board shall be a citizen, and a resident of this jurisdiction,

and licensed as a professional engineer in this jurisdiction. The member must have a record of the lawful practice of engineering as a professional engineer for at least twelve years of which five years must have been in responsible charge of engineering projects.

2. Each professional surveyor member of the board shall be a citizen, and a resident of this jurisdiction, and licensed as a professional surveyor in this jurisdiction. The member must have a record of the lawful practice of surveying as a professional surveyor for at least twelve years of which five must have been in responsible charge of surveying projects.

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3. The public members must not be or have been engineers or surveyors and shall be a citizen and resident of this jurisdiction.

(Section 120.20, Board Qualifications, NCEES Model Law) C. Officers

The board elects (or appoints) annually from its membership as officers a chairperson, vice chairperson, and a secretary. (Section 120.50, Board Organization and Meetings, NCEES Model Law)

D. Meetings

1. The board holds at least ...... meetings each year. Other meetings may be called as prescribed by law.

(Section 120.50, Board Organization and Meetings, NCEES Model Law) 2. Notices of meeting dates and times are normally given several months in advance for all the

regular meetings of the year. For special meetings, five days notice must be given 3. Place of meetings is determined in advance by members of the board. 4. All meetings are open to the public unless the meeting is closed for reasons defined by the

laws of this jurisdiction. E. Quorum

A quorum of the board shall consist of not less than ....... members. (Section 120.50, Board Organization and Meetings, NCEES Model Law)

F. Voting

All members of the board, including the chairperson, are entitled to vote and to make or to second motions. A majority vote of those present is required to pass a motion. The chairperson shall vote as a member of the board.

G. Rules of Order The latest edition of Roberts Rules of Order shall govern the normal proceedings of the board. Exceptions include hearings which may be disciplinary in nature.

H. Compensation and Expenses

When attending to the work of the board, each member shall receive compensation as prescribed by the laws of this jurisdiction or by board regulation approved by the appropriate legislative body or authority. This includes meetings of committees of the board and time spent in necessary travel. Further, members shall be reimbursed for costs for actual travel, incidental, clerical, and all expense necessarily incurred in carrying out the duties of the members of the board. (Section 120.30, Board Compensation, Expenses, NCEES Model Law)

I. Executive Officer

The board may employ an executive officer who shall be responsible for the administration of the policies of the board and for the processing of its routine operations.

J. Employment of Personnel

The board may employ those persons required and qualified, including full or part-time, necessary to perform the administration of the laws of this jurisdiction and those rules regulating the practice of engineering and surveying. This includes the use of consultants when deemed necessary. (Section 120.70, Receipts and Disbursements, NCEES Model Law)

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K. Use of Forms

All applications and requests for which the board has prescribed a form must be presented on these forms.

L. Records The Freedom of Information Act requires that most records, papers, and reports of the board are public in nature and may be obtained from the board upon written request and payment of costs of reproduction, handling, and mailing. Other records, papers, and reports, most of which are confidential, are not considered to be public in nature and are not available except when required by court action. These include, but are not limited to, examination material for examinations not yet given, file records of examination problem solutions, letters of inquiry and reference concerning applicants, board inquiry forms concerning applicants, investigative files where investigation is pending, and all other materials of like confidential nature. (In part from Section 120.80 D, Records and Reports, NCEES Model Law)

M. Roster

The secretary of the board shall publish a roster showing the name and last known address of all professional engineers and professional surveyors licensed in this jurisdiction. (Section 120.90, Roster, NCEES Model Law)

N. Declaratory Rulings A declaratory ruling is a jurisdiction agency response to a request by a member of the public who has inquired about the applicability of any statutory provision or of any regulation or order of the agency. 1. This board will issue, when requested, declaratory rulings to those persons who are affected

by a statutory provision or rule with respect to the applicability of any statutory provision or of any regulation or order of the agency.

2. Sufficient facts must be supplied in the request to provide the board basis for the issuance of a declaratory ruling.

3. Requests for declaratory rulings must be in writing and must specifically state that it is a request for a declaratory ruling.

4. Declaratory rulings will be provided in accordance with ...... (applicable jurisdiction law). 220.20 Adoption and Amendment of Rules A. Adoption of Rules

Rules or regulations are adopted by this board, under the provision of the code of laws governing the practice of engineering or surveying which may be reasonably necessary for the proper performance of its duties and the regulations of the proceedings before it. They must not be inconsistent with the constitution and laws of this jurisdiction. (Section 120.60, Board Powers, NCEES Model Law)

B. Petition for Adoption or Amendment of Rules

An interested person may petition the board requesting the promulgation, amendment, or repeal of a regulation. The petition shall be submitted in the following form:

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Petition to Adopt, Amend, or Repeal a Regulation

1. Name of Petitioner: ____________________________________

Address of Petitioner: __________________________________ Phone #: _____________________________________________

2. Describe the change which is proposed. (Clearly and concisely describe the changes which are

proposed showing either the new proposal or an amendment with deletions and additions or a statement to repeal a quoted regulation.)

3. Purpose of proposed change. (Describe what effect the proposed change will have and why

you believe it should be made.)

4. Signature of petitioner and date. Signature:_____________________ Date:___________________

The board within thirty (30) days shall either deny the petition in writing with reasons for the denial or initiate regulation-making procedures.

C. Procedure for Adoption and Amendment of Rules

Procedures for adoption and amendments of rules and regulations of this board shall be in compliance with the jurisdiction licensing and administrative procedures act (other names of such acts are likely) of this jurisdiction. 1. Regulation is defined as a statement by the board that prescribes law or policy which applies

to professional engineers or professional surveyors, and has legal effect. 2. The board must file a notice of proposed promulgation of regulations with the legislative

council (or other legislative authority). The notice must be published at least two weeks prior to the final promulgation of the regulation and include: a. A statement of the time, place, and nature of the public hearing at which the proposed

regulation shall be considered; b. Reference to the specific statute which authorizes the promulgation of the particular

regulation; c. Either the provisions of or a synopsis of the proposed regulation.

The board must also publish the notice of the proposed promulgation of regulations in accordance with jurisdiction law prior to the final promulgation of the regulation which shall include: a. A statement of time, place, and manner in which interested persons may present their

views thereon; b. A statement of either the terms or substance of the intended action or a description of the

subjects and issues involved.

3. A public hearing on the proposed regulation or amendment which shall give interested persons an opportunity to be heard through submission of written data, views, or argument with or without opportunity for oral presentation. Further, an opportunity for oral hearing must be granted if requested by twenty-five persons, by a government subdivision or agency, or by an association having not less than twenty-five members. All written and oral submissions respective to the proposed regulation must be considered.

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D. Board Decision If a promulgated regulation is to be enacted, the approved regulation must be filed with the proper authority so that it will be published in the jurisdiction register.

E. Promulgating Rules in Emergency Situations

An emergency situation is defined as “an imminent peril to the public health, safety, or welfare.” The regulation must be filed with the proper legislative authority (legislative council) with the reasons requiring emergency promulgation. The promulgation of the rule may then be done under the provisions of the jurisdiction specifically stated for emergency proceedings.

F. Compliance with Administrative Procedures Act All rules or regulations adopted by this board shall comply substantially with the provision of the administrative procedures act of this Jurisdiction. (Chapter..... Title.... Code..... Jurisdiction..... Date......)

220.30 Fees A. Method of Payment

Fees are payable to (name of board and address). Payment of fees must be made by check of the usual varieties. Where acceptable, credit cards may be used for the payment of fees. Cash will not be accepted in payment of fees. Applications received without the proper fee will be returned to the applicant.

B. Changes in Fee Schedule Changes in the fee schedule are made by board regulation in accordance with applicable jurisdiction law.

C. Application Fees for Licensure 1. For professional engineers and professional surveyors as provided in the Model Law, Section

130.20 B. 2. For engineer intern and surveyor intern certification as provided in the Model Law, Section

130.20 B. 3. For certification of corporation as provided in the Model Law, Section 130.20 C. 4. When the issuance of a certificate to an applicant is denied, the fee paid shall be retained as

application fee. (Section 130.20 D, Application and Licensure Fees, NCEES Model Law)

D. Examination Fees 1. Examination fees are determined from time to time by board regulation in accordance with the

provisions of (applicable jurisdiction law). 2. The current fees in effect may be obtained from the board. 3. Fees for regrading examinations are the same as those charged by the National Council of

Examiners for Engineering and Surveying. 4. The examination fees will not be returned to an applicant.

E. Roster

The fee for a copy of the annual (biannual or other) roster shall be determined by the board based on costs for its publication.

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F. Renewal Fee 1. Renewal fees are payable before the last day of the month of ...... each year (other intervals). 2. Each licensee will be notified by the board of the expiration date of his/her certificate of

licensure and the amount of the renewal fee at least one month before the expiration date. 3. Amount of Renewal Fee – The renewal fee is set by regulation of the board in accordance

with the provisions of ..... (applicable jurisdiction law). 4. Penalties for Late Renewal – Renewal fees in arrears are subject to a penalty for late renewal

in accordance with jurisdiction law. After six months, a new application may be required to be filed to continue to practice engineering or surveying in this jurisdiction.

(In part from Section 140.20, Expirations, Renewals, and Reinstatement to Active Practice, NCEES Model Law)

G. Certificate Fee The fee for the issuance of a duplicate certificate to a licensee is determined by regulation of the board in accordance with the provision of (applicable jurisdiction law). (Section 140.30, Reissuance of Certificates, NCEES Model Law)

230 CANDIDATES FOR LICENSURE 230.10 Programs Approved by the Board A. The term “an engineering program of four years or more” used in Section 130.10 A in Model Law

is interpreted by this board to mean: 1. A baccalaureate degree program in engineering accredited by EAC/ABET at the time of the

awarding of the degree. (A board may accept the degree if accreditation is received within a prescribed period of time.)

2. A baccalaureate degree in engineering not accredited by ABET such as those programs recently developed or programs offered by foreign schools evaluated by the board as being substantially equivalent to those which have been accredited.

B. Surveying Program Approved by the Board

The following shall be considered as minimum evidence to the board that the applicant is qualified in terms of education to be certified as a surveyor intern: 1. Graduation from “an EAC/ABET or ASAC/ABET surveying program of four years or more”

as described in Section 130.10 B.1 in Model Law, and accredited at the time of awarding of the baccalaureate degree. (A board may accept the degree if accreditation is received within a prescribed period of time.)

2. Graduation from “a program related to surveying of four years or more” as described in Section 130.10 B.2 in Model Law is interpreted to be a baccalaureate degree including surveying courses, mathematics, and physical science.

3. Graduation from a “four-year or more program as acceptable to the board” as described in Section 130.10 B.3 in Model Law is interpreted to mean a program other than those defined in 1 or 2 above that is accepted by the board.

(Section 130.10, General Requirements for Licensure, NCEES Model Law)

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230.20 Experience A. As a Professional Engineer

In evaluating experience which indicates to the board that the applicant may be competent to practice engineering, the following will be considered: 1. Experience must be progressive on engineering projects to indicate that it is of increasing

quality and requiring greater responsibility. 2. Only work of an engineering nature which follows graduation is creditable. 3. Experience must not be obtained in violation of the licensure act. 4. Experience gained in the armed services, to be creditable, must be of a character equivalent to

that which would have been gained in the civilian sector doing similar work. Normally, it would be expected that the applicant while in the armed services served in an engineering or engineering-related group.

5. Experience should be gained under the supervision of a licensed professional engineer or, if not, an explanation should be made showing why the experience should be considered acceptable.

6. For sales experience to be creditable, it must be demonstrated that engineering principles were required and used in gaining the experience.

7. Teaching experience, to be creditable, must be in engineering or engineering-related courses at an advanced level in a college or university offering an engineering program of four years or more that is approved by the board.

(Section 130.10, General Requirements for Licensure, NCEES Model Law) 8. Experience gained in engineering research and design projects by members of an engineering

faculty where the program is approved by the board is creditable. (Section 130.10, General Requirements for Licensure, NCEES Model Law) 9. Successful completion of graduate study leading to the master’s degree in engineering which

has followed a baccalaureate degree in engineering may be used for credit for one year’s experience. If the Ph.D. in engineering is completed under the same conditions, two years’ total experience may be credited. The two years’ credit includes the one year for the master’s degree. If the Ph.D. is obtained without the master’s degree, the credit for experience may be two years.

10. Experience may not be anticipated. The experience must have been gained by the time of the application.

11. Experience in construction, to be creditable, must demonstrate the application of engineering principles.

12. Experience should include demonstration of a knowledge of engineering mathematics, physical and applied science, properties of materials, and the fundamental principles of engineering design.

13. Experience should include demonstration of the application of engineering principles in the practical solution of engineering problems.

14. Experience may be summarized as shown in Appendix A, Suggested Guidelines for Evaluating Progressive Engineering Experience.

B. As a Professional Surveyor

In evaluating experience which indicates to the board that the applicant may be competent to practice surveying, the following will be considered: 1. Experience must be progressive on surveying projects to indicate that it is of increasing

quality and requiring greater responsibility. 2. Experience must not be obtained in violation of the licensure act.

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3. Experience gained in the armed services, to be creditable, must be of a character equivalent to that which would have been gained in the civilian sector doing similar work. Normally it would be expected that the applicant while in the armed services served in a surveying group.

4. Experience should be gained under the supervision of a licensed professional surveyor or if not, an explanation should be made showing why the experience should be considered acceptable.

5. Teaching experience to be creditable must be at an advanced level in a surveying program approved by the board.

6. A substantial portion of the experience must be spent in charge of work related to property conveyance and/or boundary line determination.

7. Must demonstrate adequate experience in the technical field aspects of the profession. 8. Experience may be summarized as shown in Appendix B, Suggested Guidelines for

Evaluating Progressive Surveying Experience. (Section 130.10, General Requirements for Licensure, NCEES Model Law)

230.30 References References are those individuals who should have personal knowledge of an applicant and who are able to issue judgments concerning an applicant’s experience, ability, character, or reputation.

A. For licensure as a professional engineer or professional surveyor, an applicant must submit five

references, three of whom shall be professional engineers, professional surveyors, or other individuals deemed acceptable to the board who have personal knowledge of the applicant’s engineering or surveying experience. In addition, for each employment period, persons familiar with the applicant’s experience for that period must be identified. Engineering applicants must have professional engineer references, and surveying applicants must have professional surveyor references. (Section 130.10, General Requirements for Licensure, NCEES Model Law)

B. For certification as an engineer intern or surveyor intern, at least three character references must

be given.

C. Relatives may not be used as references. D. No current board member shall be used as a reference. E. Each applicant should inform the persons being used as references. F. It is the responsibility of the applicant to assure the return of a completed reference form to the

board by the person giving the reference within a reasonable time. This includes educational transcripts and verification of licensure in other jurisdictions. All reference materials must be complete before any board action may be taken on an application.

G. Confidentiality of Reference Replies

Replies received from references regarding the qualifications of an applicant shall be placed in files which are considered non-public records. The source and character of the information will not be divulged except in special cases when required by law.

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230.40 Examinations A. Classification of Engineering Examinations

This jurisdiction will provide the following written examinations, prepared and furnished by the National Council of Examiners for Engineering and Surveying, meeting the requirements of this jurisdiction for licensure as an engineer: 1. Examination in the fundamentals of engineering, known as the Fundamentals of Engineering

(FE) examination, is eight (8) hours in duration, and 2. Examination in the principles and practice of engineering, known as the Principles and

Practice of Engineering (PE) examination in the appropriate engineering discipline, is eight (8) hours in duration.

(In part from Section 130.30, Examinations, NCEES Model Law)

B. Eligibility of Applicant for an Engineering Examination 1. Applicants for licensure as a professional engineer will be permitted to sit for the PE

examination upon satisfactorily fulfilling all application requirements of this jurisdiction. 2. No applicant may sit for the eight (8) hour Fundamentals of Engineering (FE) examination or

the eight (8) hour Principles and Practice of Engineering (PE) examination until the board has established that the applicant is eligible for the examinations.

3. An applicant for certification as an engineer intern becomes eligible to sit for the FE examination during the senior year of enrollment in an engineering program leading to a baccalaureate degree in engineering and approved by the board. The enrollment of the applicant must be verified by the school being attended by the applicant.

C. Classification of Surveying Examinations This jurisdiction will provide the following written examinations, prepared and furnished by the National Council of Examiners for Engineering and Surveying, meeting the requirements of this jurisdiction for licensure as a surveyor: 1. Examination in the fundamentals of surveying, known as the Fundamentals of Land Surveying

(FLS) examination, is eight (8) hours in duration, and 2. Examination in the principles and practice of surveying, known as the Principles and Practice

of Land Surveying (PLS) examination, is six (6) hours in duration. Jurisdictions have the right to administer separate modules on jurisdiction laws and procedures for the practice of surveying.

(In part from Section 130.30, Examinations, NCEES Model Law) D. Eligibility of Applicant for a Surveying Examination

1. An applicant for licensure as a professional surveyor will not be permitted to sit for the PLS examination until the FLS examination has been passed.

2. An applicant may be permitted to sit for the eight (8) hour fundamentals examination or the six (6) hour PLS examination after the board has established that the applicant is eligible for the examination.

E. Examination Dates and Locations

1. Written examinations are offered on dates set by the National Council of Examiners for Engineering and Surveying.

2. Locations at which the examinations are given are designated by the board.

F. Language of the Examination The language of the examination will be English.

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G. Study Information 1. The board will not distribute copies of questions used on prior examinations. The National

Council of Examiners for Engineering and Surveying does offer for sale copies of questions on prior examinations, and copies may be purchased directly from them.

2. This board may publish specifications for all written examinations, which may be obtained from the board upon request.

(Section 130.30 D, Examinations, NCEES Model Law)

H. Instructions for Examinees Instructions provided prior to each examination will declare an examination to be open- or closed-book. When an applicant sits for an open-book examination, any books, bound materials of any sort, and calculators or computers which are self-powered and non-printing may be used. None of this material may be loaned or exchanged between or among examinees.

I. Failure to Attend an Examination 1. An applicant who fails to attend an examination for which he/she has been scheduled will

forfeit the fee paid for the examination, except in the case of illness, death in the family, or other unavoidable causes for absence where the fee will be applied to the next test administration.

2. Failure of an applicant to attend an examination for which he/she has been scheduled to attend does not count as a failure of the examination.

J. Examination Offerings

1. An applicant who fails to pass the first or second PE examination will be granted a request to sit for another offering of the examination upon payment of ...... (fee set by board regulation). In the event the applicant fails to pass the third examination and wishes to take a further examination, the applicant may have to wait a period of time prescribed by the board before taking the examination again and may be requested to appear before the board with evidence to show that additional knowledge has been acquired by the applicant.

(Section 130.30 C, Examinations, NCEES Model Law) 2. An applicant for the PE or PLS examinations will be notified by the board at least 60 days

before the examination date of approval to take the examination. The applicant must notify the board whether he/she plans to sit for the examination at least 45 days before the examination date.

3. An applicant for the FE or FLS examinations must submit an application at least 45 days before the examination date in order to sit for the examination.

K. Examination Results

Examination results, after review and approval of the passing score, will be supplied in writing to each examinee showing the applicant’s score and the passing score. No results will be given in any other manner.

L. Review of Failed Examinations There shall be no post-administration access to, or review of, examination questions except in those jurisdictions where required by law. Such review as required by law shall be conducted in accordance with established procedures of the National Council of Examiners for Engineering and Surveying. An administrative fee established by the NCEES Board of Directors will be assessed.

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M. Examination for Record Purposes 1. Any engineer licensed by this board may take for record purposes the FE examination and/or a

PE examination in a chosen discipline offered by the National Council of Examiners for Engineering and Surveying upon payment of ...... (fee set by board regulation).

2. Failure to pass either or both examinations will in no way affect current licensure. 230.50 Classifications and Disciplines of Engineering and Surveying A. Classification of Engineering Licensure

Engineering applicants shall be licensed under one of the classifications as prescribed by the laws of this jurisdiction: 1. Engineer intern – by graduation and examination 2. Professional engineer – by graduation, experience, examination, or by comity 3. Discipline engineer – by verification of discipline competence

B. Classification of Surveying Licensure

Surveying applicants shall be licensed under one of the classifications as prescribed by the laws of this jurisdiction. 1. Surveyor intern – by education and experience. 2. Professional surveyor – by experience and examination after surveyor intern and by comity

(and examination). (Section 130.10, General Requirements for Licensure, NCEES Model Law)

230.60 Applications A. Kinds of Applications

Licensure as a professional engineer or professional surveyor requires that an applicant present his/her qualifications on forms prescribed by this board. 1. Applications for licensure as a professional engineer or professional surveyor are accepted

from those who believe that they are qualified by education and experience, according to laws of this jurisdiction, to be licensed as a professional engineer or a professional surveyor.

2. Applications for certification as an engineer intern or a surveyor intern are accepted from those who believe that they have the necessary qualifications for licensure according to the laws of this jurisdiction, as a professional engineer or a professional surveyor except for that of experience.

3. Those who are senior students in at least a four-year program leading to a baccalaureate degree in an engineering school may apply for licensure as an engineer intern and to take the fundamentals examinations during the senior year.

4. Applications for licensure properly executed and issued with verification by the National Council of Examiners for Engineering and Surveying will be accepted in lieu of the same information that is required on the form prescribed and furnished by this board.

(In part from Section 130.20, Application and Licensure Fees, NCEES Model Law)

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B. Completing Applications 1. When space provided on forms is inadequate, supplementary sheets provided by this board (or

if not provided, sheets of a good grade of white paper 8.5 × 11 inches are to be used). 2. All applications made to this board must be subscribed to on the forms used by the applicant. (Section 130.20, Application and Licensure Fees, NCEES Model Law) 3. In order to allow sufficient time for processing and for securing examinations, all applications

which may require examinations must be filed with this board at least ...... days before the date set for the appropriate examinations.

4. Withholding information or providing statements which are untrue or misrepresent the facts may be cause for denial of an application or revocation of license.

5. It is the responsibility of the applicant to supply correct addresses of all references and to be sure that the references are supplied as requested. If a reference fails to respond, this could delay the processing of an application either until a reply is obtained or another reference is given.

6. In relating experience, the applicant must account for all employment or work experience for the period of time which has elapsed since the beginning of the employment record. If not employed or employed in other kinds of work, this should be indicated in the experience record.

C. Applications from Applicants with Degrees from Foreign Schools

1. All foreign language documentation submitted with the completed application must be accompanied by certified translations. The translation report shall be sent directly from the translator to the board for review.

2. All applicants must be able to communicate in the language of commerce. 3. Those applicants who, for political or other valid reasons, are unable to obtain their college

transcript shall be processed on a case-by-case basis by the board. 4. The board may require an independent evaluation of the engineering education of an applicant

who was educated outside the United States. Such evaluation shall be done through an organization approved by the board and shall be done at the expense of the applicant. Such evaluation shall not be required if the applicant has received a graduate degree from a U.S. institution which has a bachelor’s degree program accredited by EAC/ABET in the discipline of the applicant’s graduate degree and, in the judgment of the board, has completed the equivalent of an EAC/ABET undergraduate program.

D. Reconsideration of Applications

Reconsideration may be requested of an application which has been denied when the request is based on additional information and/or evidence which could affect the original decision. A reconsideration request or request for a hearing must be made within thirty days after the applicant has been notified that the decision was made to reject the original application.

E. Disposal of Applications Applications may be approved, deferred for further information (more experience, questionable references, or other reasons), or denied. 1. Approved Applications – When an application is approved by the board members showing

that the applicant has met all the requirements for licensure required by the statutes of this jurisdiction, the applicant shall be granted licensure with notification by the board.

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2. Deferred Applications – Applications deferred for any reason are retained on file pending late disposal when proper remedy as requested is presented.

3. Denied Applications – When an application is denied, it is kept on file for at least one year before being destroyed.

F. Retention of Records of Applications

All approved applications showing the name, date of birth, date of application, education, experience and other qualifications of applicant, type of examination required, and the date of granting the applicant’s licensure are maintained on file. Current addresses, business association, licensure number, and licensee’s major disciplines may be shown in a current roster each year. Applications Not Approved – Applications which are denied after processing may be destroyed after one year. In accordance with a retention schedule of applications by this board, the following minimum retention time will be observed after which the applications may be destroyed: 1. Examination Inactive File – 5 years 2. Deceased – 3 years after death 3. Inactive – l year 4. Denied – l year An application from which a violation of the act was shown will be retained in a file by this board.

G. Expedited Comity Licensure The executive officer is authorized to review and evaluate the applications of all comity applicants to determine if they meet or exceed the criteria of a “Model Law Engineer” or “Model Law Surveyor” as defined in Section 210.20 and as designated by NCEES. If the applicant meets or exceeds these requirements, the executive officer may issue a contingent license authorizing that individual to offer or provide engineering services in this jurisdiction. A listing of all engineers issued contingent licenses will be placed on the agenda of the next meeting of the board for formal approval by the board.

240 LICENSEES 240.10 Licensure A. Licensure Number as a Professional Engineer or Professional Surveyor

Each licensee is assigned a license number at the time licensure is granted by the board. Numbers are issued consecutively in the order in which applicants are granted licensure. The licensee will be advised of the number by the board. (Section 140.10, Certificates, Seals, NCEES Model Law)

B. Certificates of Licensure

The board shall issue a certificate of licensure to an applicant who has met the requirements of this jurisdiction and who has paid the certificate fee. The certificate will be signed as required by the board and will show the licensee’s license number and seal of the board. (Section 140.10, Certificates, Seals, NCEES Model Law)

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C. Retirement of Licensure Option When a licensed professional engineer/professional surveyor in good standing desires to retire his/her license, he/she may do so upon application to the jurisdiction board. Upon meeting the requirements established by the board, a permanent identification card may be issued and the retired licensee shall receive all rights and benefits as established by the board. Upon retirement of said license, the retiree shall not practice the profession.

D. Reissuance of Certificate

When a certificate of licensure or certificate of authorization is lost, destroyed, or mutilated, it will be replaced upon request by a licensee in good standing who has paid a fee established by regulation of the board. (Section 140.30, Reissuance of Certificates, NCEES Model Law)

240.15 Rules of Professional Conduct A. Licensee’s Obligation to Society

1. Licensees, in the performance of their services for clients, employers, and customers, shall be cognizant that their first and foremost responsibility is to the public welfare.

2. Licensees shall approve and seal only those design documents and surveys that conform to accepted engineering and surveying standards and safeguard the life, health, property, and welfare of the public.

3. Licensees shall notify their employer or client and such other authority as may be appropriate when their professional judgment is overruled under circumstances where the life, health, property, or welfare of the public is endangered.

4. Licensees shall be objective and truthful in professional reports, statements, or testimony. They shall include all relevant and pertinent information in such reports, statements, or testimony.

5. Licensees shall express a professional opinion publicly only when it is founded upon an adequate knowledge of the facts and a competent evaluation of the subject matter.

6. Licensees shall issue no statements, criticisms, or arguments on technical matters which are inspired or paid for by interested parties, unless they explicitly identify the interested parties on whose behalf they are speaking and reveal any interest they have in the matters.

7. Licensees shall not permit the use of their name or firm name by, nor associate in the business ventures with, any person or firm which is engaging in fraudulent or dishonest business or professional practices.

8. Licensees having knowledge of possible violations of any of these Rules of Professional Conduct shall provide the board with the information and assistance necessary to make the final determination of such violation.

(Section 150, Disciplinary Action, NCEES Model Law)

B. Licensee’s Obligation to Employer and Clients 1. Licensees shall undertake assignments only when qualified by education or experience in the

specific technical fields of engineering or surveying involved. 2. Licensees shall not affix their signatures or seals to any plans or documents dealing with

subject matter in which they lack competence, nor to any such plan or document not prepared under their direct control and personal supervision.

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3. Licensees may accept assignments for coordination of an entire project, provided that each design segment is signed and sealed by the licensee responsible for preparation of that design segment.

4. Licensees shall not reveal facts, data, or information obtained in a professional capacity without the prior consent of the client or employer except as authorized or required by law. Licensees shall not solicit or accept gratuities, directly or indirectly, from contractors, their agents, or other parties in connection with work for employers or clients.

5. Licensees shall make full prior disclosures to their employers or clients of potential conflicts of interest or other circumstances which could influence or appear to influence their judgment or the quality of their service.

6. Licensees shall not accept compensation, financial or otherwise, from more than one party for services pertaining to the same project, unless the circumstances are fully disclosed and agreed to by all interested parties.

7. Licensees shall not solicit or accept a professional contract from a governmental body on which a principal or officer of their organization serves as a member. Conversely, licensees serving as members, advisors, or employees of a government body or department, who are the principals or employees of a private concern, shall not participate in decisions with respect to professional services offered or provided by said concern to the governmental body which they serve.

(Section 150, Disciplinary Action, NCEES Model Law)

C. Licensee’s Obligation to Other Licensees 1. Licensees shall not falsify or permit misrepresentation of their, or their associates’, academic

or professional qualifications. They shall not misrepresent or exaggerate their degree of responsibility in prior assignments nor the complexity of said assignments. Presentations incident to the solicitation of employment or business shall not misrepresent pertinent facts concerning employers, employees, associates, joint ventures, or past accomplishments.

2. Licensees shall not offer, give, solicit, or receive, either directly or indirectly, any commission, or gift, or other valuable consideration in order to secure work, and shall not make any political contribution with the intent to influence the award of a contract by public authority.

3. Licensees shall not attempt to injure, maliciously or falsely, directly or indirectly, the professional reputation, prospects, practice, or employment of other licensees, nor indiscriminately criticize other licensees’ work.

(Section 150, Disciplinary Action, NCEES Model Law) 240.20 Seals A. Seal of the Board

The seal of this board is ...... and shall be affixed to each certificate of licensure. (Section 120.60 A, Board Powers, NCEES Model Law)

B. Seal of Licensee When an applicant is granted licensure, he/she may obtain a seal. It may be a rubber stamp. It shall contain the following: 1. Jurisdiction of licensure 2. Licensee’s name 3. License/certificate/registration number 4. The words “Professional Engineer” and discipline (if licensed by) or “Professional Surveyor” (In part from Section 140.10 C, Certificates, Seals, NCEES Model Law)

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C. Seal on Documents 1. The seal and signature of the licensee and the date of signing shall be placed on all final

engineering specifications, reports, drawings, plans, design information, and calculations or land surveys, reports, plats, drawings, plans, and calculations whenever presented to a client or any public agency to certify that the work thereon was done by the licensee or under the responsible charge of the licensee. Working drawings or unfinished documents are not required to have a seal and signature if the working drawing or preliminary document contains a statement to the effect “PRELIMINARY, NOT FOR CONSTRUCTION, RECORDING PURPOSES, OR IMPLEMENTATION.”

2. The seal and signature shall be placed on all original copy, tracings, or other reproducible documents so that the seal and signature will be reproduced when copies are made.

3. When the document contains more than one sheet, the first or title page shall be sealed and signed by the licensee who was in responsible charge. Two or more licensees may affix their signatures and seals provided it is designated by a note under the seal the specific subject matter for which each is responsible. In addition, each drawing shall be sealed and signed by the licensee or licensees responsible for each sheet. When a firm, partnership, or corporation performs the work, each drawing shall be sealed and signed by the licensee or licensees who were in responsible charge of the work.

4. The seal and signature shall be placed on work only when it was under the licensee’s complete direction and responsible charge. The licensee shall sign and seal only work within the licensee’s area(s) of competence.

5. Plans, plats, specifications, drawings, reports, or other documents will be deemed to have been prepared under the responsible charge of a licensee only when all the following conditions have been met and documented: a. The client requesting preparation of such plans, plats, specifications, drawings, reports, or

other documents makes the request directly to the licensee, or a member or employee of the licensee’s firm;

b. The licensee supervises the preparation of the plans, plats, specifications, drawings, reports, or other documents and has input into their preparation prior to their completion;

c. The licensee reviews the final plans, plats, specifications, drawings, reports, or other documents; and

d. The licensee has the authority to, and does, make any necessary and appropriate changes to the final plans, plats, specifications, drawings, reports, or other documents.

6. Any revision to a document containing the seal and signature of a licensee shall be described and dated. If the revisions are not done by the original licensee, the revisions must also be signed and sealed by the licensee in responsible charge.

7. In circumstances where a licensee in responsible charge of the work is unavailable to complete the work, or the work is a site adaptation of a standard design plan, or the work is a design plan signed and sealed by an out-of-jurisdiction licensee, a successor licensee may take responsible charge by performing all professional services to include developing a complete design file with work or design criteria, calculations, code research, and any necessary and appropriate changes to the work. The non-professional services, such as drafting, need not be redone by the successor licensee but must clearly and accurately reflect the successor licensee’s work. The burden is on the successor licensee to show such compliance. The successor licensee shall have control of and responsibility for the work product and the signed and sealed originals of all documents.

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8. Computer-generated seals not signed with a digital signature may be used on final original drawings provided a handwritten signature is placed adjacent to or across the seal and the date is written below the seal. Drawings, specifications, plans, reports, or documents which do not require certification may be transmitted electronically but shall have the generated seal, if any, removed before transmitting and shall have the following inserted in lieu of the signature and date: “This document originally issued and sealed by (name of licensee), P.E.#______/P.L.S.#______ on (date of sealing). This document should not be considered a certified document.” Drawings, reports, or documents that are signed using a digital signature must have an electronic authentication process attached to or logically associated with the electronic document. The digital signature must be: a. Unique to the person using it b. Capable of verification c. Under the sole control of the person using it d. Linked to a document in such a manner that the digital signature is invalidated if any data

in the document is changed.

A digital signature that uses a process approved by the board will be presumed to meet the criteria set forth in Subsections 8 a. through d. above. Any hard copy printed from the transmitted electronic file shall bear the facsimile of the signature and seal and be a confirmation that the electronic file was not altered after the initial digital signing of the file. Any alterations to the file shall cause the facsimile of the signature to be voided.

240.30 Continuing Professional Competency The continuing professional competency guidelines are set forth below for the purpose of providing consistency in those jurisdictions that adopt mandatory requirements or for those jurisdictions that wish to encourage voluntary usage. The purpose of the continuing professional competency requirement is to demonstrate a continuing level of competency of professional engineers and/or professional surveyors. A. Introduction

Every licensee shall meet the continuing professional competency requirements of these regulations for professional development as a condition for licensure renewal.

B. Definitions

Terms used in this section are defined as follows: 1. Professional Development Hour (PDH) – A contact hour (nominal) of instruction or pre-

sentation. The common denominator for other units of credit. 2. Continuing Education Unit (CEU) – Unit of credit customarily used for continuing education

courses. One continuing education unit equals 10 hours of class in approved continuing education course.

3. College/Unit Semester/Quarter Hour – Credit for course in ABET-approved programs or other related college course approved in accordance with article (E) of this section.

4. Course/Activity – Any qualifying course or activity with a clear purpose and objective which will maintain, improve, or expand the skills and knowledge relevant to the licensee’s field of practice.

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5. Dual Licensee – A person who is licensed as both an engineer and a surveyor.

C. Requirements Every licensee is required to obtain 15 (30 if biennial) PDH units during the renewal period year. If a licensee exceeds the annual requirement in any renewal period, a maximum of 15 PDH units may be carried forward into the subsequent renewal period. PDH units may be earned as follows: 1. Successful completion of college courses. 2. Successful completion of continuing education courses. 3. Successful completion of correspondence, televised, videotaped, and other short courses/

tutorials. 4. Presenting or attending qualifying seminars, in-house courses, workshops, or professional or

technical presentations made at meetings, conventions, or conferences. 5. Teaching or instructing in (1) through (4) above. 6. Authoring published papers, articles, books, or accepted licensing examination items. 7. Active participation in professional or technical societies. 8. Patents.

D. Units The conversion of other units of credit to PDH units is as follows: 1. 1 College or unit semester hour 45 PDH 2. 1 College or unit quarter hour 30 PDH 3. 1 Continuing Education Unit 10 PDH 4. 1 Hour of professional development 1 PDH

in course work, seminars, or professional or technical presentations made at meetings, conventions, or conferences

5. For teaching apply multiple of 2* 6. Each published paper, article, or book 10 PDH 7. Active participation in professional and 2 PDH

technical society. (Each organization.) 8. Each patent. 10 PDH * Teaching credit is valid for teaching a course or seminar for the first time only. Teaching credit

does not apply to full-time faculty.

E. Determination of Credit The board of licensure has final authority with respect to approval of courses, credit, PDH value for courses, and other methods of earning credit. 1. Credit for college or community college approved courses will be based upon course credit

established by the college. 2. Credit for qualifying seminars and workshops will be based on one PDH unit for each hour of

attendance. Attendance at qualifying programs presented at professional and/or technical society meetings will earn PDH units for the actual time of each program.

3. Credit determination for activities D6 and D8 is the responsibility of the licensee (subject to review as required by the board).

4. Credit for activity D7, active participation in professional and technical societies (limited to 2 PDH per organization), requires that a licensee serve as an officer and/or actively participate in a committee of the organization. PDH credits are not earned until the end of each year of service is completed.

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F. Recordkeeping The licensee is responsible for maintaining records to be used to support credits claimed. Records required include, but are not limited to (1) a log showing the type of activity claimed, sponsoring organization, location, duration, instructor’s or speaker’s name, and PDH credits earned; and (2) attendance verification records in the form of completion certificates or other documents supporting evidence of attendance.

G. Exemptions

A licensee may be exempt from the professional development educational requirements for one of the following reasons: 1. New licensees by way of examination or comity shall be exempt for their first renewal period. 2. A licensee serving on temporary active duty in the armed forces of the United States for a pe-

riod of time exceeding one hundred twenty (120) consecutive days in a year shall be exempt from obtaining the professional development hours required during that year.

3. Licensees experiencing physical disability, illness, or other extenuating circumstances as reviewed and approved by the board may be exempt. Supporting documentation must be furnished to the board.

4. Licensees who list their occupation as “Retired” on the board-approved renewal form and who further certify that they are no longer receiving any remuneration from providing professional engineering or surveying services shall be exempt from the professional development hours required. In the event such a person elects to return to active practice of professional engineering or surveying, professional development hours must be earned before returning to active practice for each year exempted, not to exceed the annual requirement for two years.

H. Reinstatement

A licensee may bring an inactive license to active status by obtaining all delinquent PDH units. However, if the total number required to become current exceeds 30, then 30 shall be the maximum number required.

I. Comity/Out-of-Jurisdiction Resident

The CPC requirements for <jurisdiction> will be satisfied when a non-resident certifies to be licensed in and having met the mandatory CPC requirements of any jurisdiction approved and listed by <jurisdiction>.

J. Dual Licensees

The number of PDH units required shall remain 15, at least 1/3 of which shall be obtained in each profession.

K. Forms

All renewal applications will require the completion of a continuing education form specified by the board outlining PDH credit claimed. The licensee must supply sufficient detail on the form to permit audit verification, must certify and sign the continuing education form, and submit the form with the renewal application and fee.

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240.40 Expirations, Renewals, and Reinstatement to Active Practice A. A renewal notice will be mailed annually or as required by this jurisdiction by the board during

the month of ...... to the last known address of every person licensed under the Act and to every corporation holding a certificate of authorization showing the expiration date of their certificate and the amount of the fee for renewal.

B. The annual (other) renewal fee is established by the board.

(Section 140.20, Expirations, Renewals, and Reinstatement to Active Practice, NCEES Model Law)

C. Renewal fees must be received by the board prior to the expiration date. D. Renewal fees received within one month or more after the renewal date will be assessed an

additional fee established by the board. E. Renewal fees not paid within a period established by the board after the expiration date voids the

certification of licensure and will require a new application for licensure in order to continue to practice engineering.

F. A licensee who supplies the board before the expiration date of his/her certificate with an affidavit

that he/she is no longer practicing and will not practice engineering in this jurisdiction may retain his/her certificate for later use upon payment of delinquent fees.

G. The responsibility for the timely renewal of a licensee’s license rests solely with the individual

licensee. H. The applicant for renewal may be required to demonstrate to the board that he/she has maintained

the required minimum level of professional competence in a manner acceptable to the board. I. If a licensee is granted inactive status, the licensee may return to active status by notifying the

board in advance of this intention, by paying appropriate fees, and by meeting all requirements of the board including the demonstration of continuing professional competency as a condition of reinstatement.

J. In the event an inactive licensee does not maintain a current license in any jurisdiction for the

three previous years prior to requesting reinstatement, that person will be required to take the Principles and Practice of Engineering (PE) examination or the Principles and Practice of Land Surveying (PLS) and jurisdiction-specific examinations.

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250 DISCIPLINARY ACTIONS 250.10 Professional Conduct A. Knowledge of Rules

All persons licensed under the provisions of the act are charged with having knowledge of the Rules as well as amendments from time-to-time which are made known in writing to every licensee and applicant for licensure. (Section 150.10 C, Disciplinary Action Revocation, Suspension, Refusal to Issue, Restore or Renew, Probation, Fine Reprimand, NCEES Model Law)

B. Convictions A licensee of this board who has been fined, received a reprimand, had a license revoked, suspended, or denied in another jurisdiction for reasons or causes which this board finds would constitute a violation of the law governing the practice of engineering or surveying in this jurisdiction or any rule or regulation promulgated by this board shall be sufficient cause for levying a fine, reprimanding the licensee, denying, revoking, or suspending a license to practice engineering or surveying by the licensee in this jurisdiction.

250.20 Compliance The statutes of this jurisdiction provide that a person must be licensed to practice or offer to practice engineering or surveying in this jurisdiction. Any person, firm, partnership, organization, association, corporation, or other entity using the words “engineer,” “engineering,” “surveyor,” or “surveying” or any modification as derivative thereof in its name or form of business activity except as authorized in the Act, or any person presenting or attempting to use the certificate of licensure or the seal of another, or any person who shall give any false or forged evidence of any kind to the board or any member thereof in obtaining or attempting to obtain a certificate of licensure, or any person who shall falsely impersonate any other licensee of like or different name, or any person who shall attempt to use an expired or revoked or non-existent certificate of licensure, or who shall practice or offer to practice when not qualified, or any person who falsely claims that he/she is licensed under the Act, or any person who shall violate any of the provisions of the Act shall be guilty of non-compliance with the Act.

(Section 150.30, Civil Penalties for Non-Licensees, NCEES Model Law) Any individual or corporation licensed with this board to perform surveying services shall comply with the minimum standards codified for surveys in this jurisdiction.

250.30 Disciplinary Action of Licensees A. Complaints

Proceedings to levy a fine upon a licensee, or to reprimand, suspend, refuse to renew, or to revoke an individual’s certificate of licensure or a corporation’s certificate of authorization may be initiated by any person who may prefer charges of fraud, deceit, gross negligence, incompetence, misconduct, or violation of the Rules of Professional Conduct. 1. All charges preferred must be made in writing by the person or persons making them and shall

be filed with the board.

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2. All charges shall be made on forms prescribed by the board, which are available from the board. The information required includes the name and addresses of the complainant and the respondent, a concise statement of the complaint with facts supporting the allegation that a violation has occurred and a statement of the relief sought. The complainant shall sign the complaint.

(In part from Section 150.20, Disciplinary Action Procedures, NCEES Model Law) B. Probable Cause

When a complaint is received by the board in which a licensee is charged with a violation, it is referred to an investigative committee designated by the board consisting of at least one board member and the attorney for the board. The board member of the investigative committee cannot vote at the disciplinary hearing. (Some boards use one member on a rotating basis. Some boards do not use a committee, but use an investigator who then confers with the board and the attorney for the board). The investigative group makes a determination if probable cause exists for taking further action or for issuing a summons and complaint. Action against the licensee or corporation holding a certificate of authorization may be brought in the name of the board or brought before the board in the name of the claimant versus the respondent.

C. Summons and Complaint 1. In the event the board determines that a probable cause exists, the legal counsel of the board is

requested to prepare a summons and complaint. 2. The summons and complaint shall be personally served or mailed to the last known address of

the individual licensee(s) charged or corporation holding a certificate of authorization at least thirty days before the date fixed for hearing.

(Section 150.20, Disciplinary Action Procedures, NCEES Model Law) 3. The summons and complaint shall show the time, place, and nature of the hearing, a statement

of legal authority and jurisdiction under which the hearing is to be held, a reference to the particular section of the statutes and rules involved, and a short and plain statement of the matters asserted. The notice of the summons and complaint shall indicate that at any hearing the accused individual licensee or corporation holding a certificate of authorization shall have the right to appear in person or by counsel or both to cross-examine witnesses in his/her or its defense and to produce evidence and witnesses of his/her or its own defense. If the accused person or corporation fails or refuses to appear, the board may proceed to hear and determine the validity of the charges. The notice shall be in substantial compliance with the requirements of the laws of this jurisdiction.

(In part from Section 150.20, Disciplinary Action Procedures, NCEES Model Law) D. Evidentiary Matters

In contested cases, irrelevant, immaterial, or unduly repetitious evidence shall be excluded. The rules of evidence as applied in civil cases in the court of common pleas shall be followed. The board shall give effect to the rules of privilege recognized by law. Objection to evidentiary offers may be made and shall be noted in the record. Subject to these requirements, when a hearing will be expedited and the interest of the parties involved will not be prejudiced substantially, any part of the evidence may be received in written form. Documentary evidence may be received in the form of copies or excerpts if the original is not readily available. Any party may conduct cross-examination. Notice may be taken of judicially cognizable facts. In addition, notice may be taken of generally recognized technical or scientific facts within the boards specialized knowledge. Parties shall be notified either before or during the hearing or by reference in

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preliminary reports or otherwise of the material noticed, including any staff memoranda or data, and they shall be afforded an opportunity to contest the material so noticed. The board’s experience, technical competence, and specialized knowledge may be utilized in the evaluation of evidence.

E. Conduct of Hearing

The conduct of the hearing and evidence submitted shall be as required by the laws of this jurisdiction. 1. At its discretion, the board may appoint some person (preferably an attorney or someone

familiar with the laws and procedures) to act as a hearing examiner. The hearing examiner shall preside at the hearing and shall rule on all questions of evidence and procedure.

2. In the event a hearing examiner is not appointed, the chairperson of the board may preside over the hearing and shall rule on all questions of evidence and procedure with the advice of the attorney for the board.

3. Normally, the proceeding shall follow those used by a civil court in which an opening statement is made by the plaintiff and the respondent. Then evidence is presented by both sides with rebuttals. Witnesses may be examined by the plaintiff and respondent or their attorneys and by members of the board. Re-direct and re-cross and re-examinations are permitted. Closing statements by both the plaintiff and respondent or their attorneys are permitted.

F. Record of Hearing

The record of the hearing of the case shall include: 1. All motions, intermediate ruling, and depositions 2. Evidence received or considered 3. Statement of matters officially noted 4. Questions and offers of proof, objections, and rulings thereon 5. Proposed findings and exceptions 6. Any decision, opinion, or report by the officer presiding at the hearing

Oral proceeding or any part thereof shall be transcribed on request of any party. G. Order of the Board

The board shall issue an order within ..... days of the date of the final hearing. It shall include and shall state separately: 1. Findings of fact which are based exclusively on the evidence and on matters officially noticed,

stated by a concise and explicit statement of the underlying facts supporting the findings. 2. Conclusions of law. The plaintiff and/or respondent shall be delivered a copy by person or by

mail with return receipt requested. The attorneys of record for both the plaintiff and respondent shall be mailed a copy of the order.

H. Discipline

Upon an order by the board in which the respondent is found guilty of the charges preferred, the board shall levy a fine not to exceed $....., reprimand, suspend, refuse to renew, or revoke the individual’s certificate of licensure or a corporation’s certificate of authorization. (Section 150.20, Disciplinary Action Procedures, NCEES Model Law)

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I. Stay Order At its discretion, the board may stay, permanently or temporarily, the execution of its order conditioned on any provision the board believes appropriate under the circumstances for the case.

250.40 Reinstatement of Licensure or Certification After Revocation A. Petition for Reinstatement

Upon petition of an individual licensee or corporation holding a certificate of authorization, the board may reissue a certificate of licensure or authorization provided that a majority of the members of the board votes in favor of such issuance. (Section 150.20, Disciplinary Action Procedures, NCEES Model Law)

B. Board Action

The board, for reason it may deem sufficient, may reissue a certificate of licensure to any person or a certificate of authorization to any corporation whose certificate has been revoked. (Section 150.20, Disciplinary Action Procedures, NCEES Model Law)

250.50 Conflict and Bias No board member shall be entitled to vote in any disciplinary action if the board member is personally biased against the respondent. 260 MISCELLANEOUS 260.10 Severability If any of the rules and regulations, or any part thereof, of this board promulgated under the provisions of the rule-making authority for jurisdiction agencies, are found by the courts to be invalid for any reason, it is the intention of the board that the remainder shall continue in full force and effect or it is the intention of the board that each rule and/or any portions thereof are severable.

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APPENDIX A

Suggested Guidelines for Progressive Engineering Experience The following is a partial list of work experiences that may be useful in guiding, mentoring, and verifying acceptable experience of engineer interns and/or intern applicants. There are no correct answers to the following questions. The profile of each applicant will provide the licensing board a basis for more specific questions. Practical Application of Theory 1. Analysis: Of operating conditions; performance assessment; feasibility studies;

constructability; value engineering; safety; environmental issues; economic issues; risk assessment; reliability; other (list): _____________________________________________________________________ ______

2. Design: Construction plan or specification preparation; product specifications,

component selection; maintenance and social implications of final product; other (list): _____________________________________________________________________ ______

3. Testing: Developing or specifying testing procedures; verifying functional

specifications; implementing quality control and assurance; maintenance and replacement evaluation; other (list): _____________________________________________________________________ ______

4. Implementation: Of engineering principles in design, construction, or research;

performance of engineering cost studies; process flow and time studies; implementation of quality control and assurance; safety issues; and environmental issues; other (list): _____________________________________________________________________ ______

5. Systems Application: Evaluation of components of a larger system; evaluation of

the reliability of system parts; design and evaluation of equipment control systems while considering ergonomics, utility, manufacturing tolerances, and operating and maintenance concerns; other (list): _____________________________________________________________________ ______

6. Time in the Engineering Process: Difficulties of workflow; scheduling; equipment

life; corrosion rates and replacement scheduling; other (list): _____________________________________________________________________ ______

7. Experience and Understanding: Codes, standards, regulations and laws that

govern applicable activities; other (list): _____________________________________________________________________ ______

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Management Management in engineering works includes supervising staff, managing engineering projects, and managing and administering technology as it is applied in the field or in construction. It may involve: 1. Planning: Developing concepts, evaluating alternative methods. _______ 2. Scheduling: Preparing task breakdowns and schedules. _______ 3. Budgeting and Contracting: Cost estimating and control, contract development. _______ 4. Supervising: Organizing human resources, motivating teams, directing and coordinating project resources. _______ 5. Project Control: Complete or partial project control. _______ 6. Risk Assessment: Assessment of risk associated with the progression of the project. _______ Communication Skills 1. Accumulates project knowledge through interpersonal communication with

supervisors, clients, subordinates, or team interaction. _______ 2. Transmits project knowledge in verbal or written methods to clients, supervisors,

subordinates, general public, or team members. Examples would be via meetings, written reports, public hearings and reporting of findings and suggestions, other written correspondence and/or verbal briefings. _______

Social Implications 1. Promotes and safeguards the health, safety, and welfare of the public as demonstrated

in daily work activities. _______ 2. Demonstrates an awareness of the consequences work performed may incur and a desire

to mitigate or eliminate any potential negative impact. _______ 3. Follows a code of ethics that promotes a high degree of integrity in the practice of

professional engineering. _______

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APPENDIX B

Suggested Guidelines for Progressive Surveying Experience The following is a sampling of work experiences that may be useful in guiding, mentoring, and verifying acceptable experience of surveyor interns and intern applicants. There are no correct answers to the following questions. The profile of each applicant will provide the licensing board a basis for more specific questions. Practical Application of Theory 1. Research: Easements; rights-of-way; plats; instruments of conveyance; corner

information; government survey information; other pertinent surveys; other (list): _____________________________________________________________________ ______

2. Measurement/Location: Field measurements of topography and features;

measurements to locate particular boundaries, parcels or points; level loops; GPS measurements; construction staking; other (list): _____________________________________________________________________ ______

3. Computation/Analysis: Traverse closure and adjustment; boundary interpretations;

section computations; coordinate translations; coordinate calculations; survey accuracy; vertical curves; horizontal curves; other (list): _____________________________________________________________________ ______

4. Legal Principles: Legal description preparation and interpretation; corner filings;

boundary determination; section corner opinions; adverse possession; easement and right-of-way preparation; other (list): _____________________________________________________________________ ______

5. Land Planning: Platting; zoning issues; subdivision regulations and layout; utility

coordination; on-site wastewater systems and regulations; permits; other (list): _____________________________________________________________________ ______

6. Significance of Time in the Surveying Process: Difficulties of workflow;

scheduling; equipment adjustments; construction staking coordination; other (list): _____________________________________________________________________ ______

7. Knowledge and Understanding: Codes, standards, regulations, and laws that

govern applicable activities; other (list): _____________________________________________________________________ ______

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Management Management in surveying includes supervising staff, managing projects, and managing and administering technology as it is applied in surveying. It may involve: 1. Planning: Developing concepts, planning surveying projects, evaluating

alternative methods. _______ 2. Scheduling: Preparing task breakdowns and schedules. _______ 3. Budgeting and Contracting: Cost estimating and control, contract development. _______ 4. Supervising: Organizing human resources, motivating teams, directing, and

coordinating equipment. _______ 5. Project Control: Complete or partial project control by using and developing

control tools such as network plans and Gantt charts. _______ 6. Risk Assessment: Assessment of risk associated with the progression of the

project using engineering analysis and quantification methods to determine degree of risk of known hazards in proposed designs. _______

Communication Skills 1. Accumulates project knowledge through interpersonal communication with

supervisors, subordinates, clients, regulators, other surveyors or team interaction. _______ 2. Transmits project knowledge in verbal or written forms to clients, regulators,

supervisors, subordinates, general public, or team members. Examples would be via meetings, written reports, other written correspondence, and/or verbal briefings. _______

Social Implications 1. Promotes and safeguards the health, safety, and welfare of the public as demonstrated

in daily work activities. _______ 2. Demonstrates an awareness of the consequences the work performed may incur and a

desire to mitigate or eliminate any potential negative impact. _______ 3. Follows a code of ethics that promotes a high degree of integrity in the practice

of surveying. _______

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APPENDIX C

Cross Reference for Model Rules Based on August 2003 revision. Italic font indicates summary paraphrase of paragraph contents. Bold font is used as an aid to guiding the eye, as is line spacing. Table 1. Model Rules vs. Model Law

Model Rules Section Descriptor Corresponding Model Law Section

SECTION 210 INTRODUCTION Section 210.10 Introduction 210.10 A Purpose 210.10 B Requirements for Adoption 120.60 A 210.10 C Authority of Rules 120.60 A Section 210.20 Definitions 210.20 A Model Law definitions 210.20 A.1 Engineering 110.20 A 210.20 A.1.a Engineer ˝ 210.20 A.1.b Professional engineer ˝ 210.20 A.1.c Professional engineer, retired ˝ 210.20 A.1.d Engineer intern ˝ 210.20 A.1.e Practice of engineering ˝ 210.20 A.1.f Inactive licensee ˝ 210.20 A.2 Surveying 110.20 B 210.20 A.2.a Professional surveyor ˝ 210.20 A.2.b Professional surveyor, retired ˝ 210.20 A.2.c Surveyor intern ˝ 210.20 A.2.d Practice of surveying ˝ 210.20 A.2.e Inactive licensee ˝ 210.20 A.3 Other 110.20 210.20 A.3.a Board 110.20 C 210.20 A.3.b Jurisdiction 110.20 D 210.20 A.3.c Responsible charge 110.20 E 210.20 A.3.d Rules of Professional Responsibility for Professional Engineers

and Professional Surveyors 110.20 F

210.20 A.3.e Firm 110.20 G 210.20 A.3.f Managing agent 110.20 H 210.20 A.3.g Rules 110.20 I 210.20 A.3.h Signature 110.20 J 210.20 A.3.i Seal 110.20 K 210.20 B Model Rules definitions 210.20 B.1 Model Law Engineer 210.20 B.1.a Graduate of EAC/ABET-accredited engineering program 210.20 B.1.b Passed FE and PE exams 210.20 B.1.c Completed 4 years of engineering experience and degree 210.20 B.1.d No disciplinary action on record 210.20 B.2 Model Law Surveyor

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210.20 B.2.a Graduate of EAC/ABET- or ASAC/ABET-accredited surveying program

210.20 B.2.b Passed FLS and PLS exams 210.20 B.2.c Completed 4 years of surveying experience and degree 210.20 B.2.d No disciplinary action on record 210.25 Inclusions and Exclusions of Surveying Practice 210.25 A Activities Included within Surveying Practice 210.25 B Activities Excluded from Surveying Practice SECTION 220 THE LICENSING BOARD Section 220.10 Organization of the Board 220.10 A Composition and Selection of the Board 120.10 220.10 B Qualifications of Members 120.20 220.10 C Officers 120.50 220.10 D Meetings 120.50 220.10 E Quorum 120.50 220.10 F Voting 220.10 G Rules of Order 220.10 H Compensation and Expenses 120.30 220.10 I Executive Officer 220.10 J Employment of Personnel 120.70 220.10 K Use of Forms 220.10 L Records 120.80 D 220.10 M Roster 120.90 220.10 N Declaratory Rulings Section 220.20 Adoption and Amendment of Rules 220.20 A Adoption of Rules 120.60 220.20 B Petition for Adoption or Amendment of Rules 220.20 C Procedure for Adoption and Amendment of Rules 220.20 D Board Decision 220.20 E Promulgating Rules in Emergency Situations 220.20 F Compliance with Administrative Procedures Act Section 220.30 Fees 220.30 A Method of Payment 220.30 B Changes in Fee Schedule 220.30 C Application Fees for Licensure 130.20 220.30 D Examination Fees 220.30 E Roster 220.30 F Renewal Fee 140.20 220.30 G Certificate Fee 140.30 SECTION 230 CANDIDATES FOR LICENSURE Section 230.10 Programs Approved by the Board 230.10 A Engineering program approved by the board 130.10 A 230.10 B Surveying Program Approved by the Board 130.10 B Section 230.20 Experience 230.20 A As a Professional Engineer 130.10 C 230.20 B As a Professional Surveyor 130.10 C Section 230.30 References

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230.30 A Applicant for PE/PLS submits 5 references, 3 must be PE/PLS; references should have personal knowledge of applicant’s experience

230.30 B Applicant for EI/LSI submits 3 references 130.10 230.30 C No relatives as references 230.30 D No current board member as a reference 230.30 E Applicant should inform persons used as references 230.30 F Applicant has responsibility to assure board receives reference

forms, transcripts, verification of licensure elsewhere

230.30 G Confidentiality of Reference Replies Section 230.40 Examinations 230.40 A Classification of Engineering Examinations 130.30 B 230.40 B Eligibility of Applicant for an Engineering Examination 130.10 A, C 230.40 C Classification of Surveying Examinations 130.30 B 230.40 D Eligibility of Applicant for a Surveying Examination 130.10 B, C 230.40 E Examination Dates and Locations 130.30 A 230.40 F Language of the Examination 230.40 G Study Information 130.30 D 230.40 H Instructions for Examinees 230.40 I Failure to Attend an Examination 230.40 J Examination Offerings 130.30 C 230.40 K Examination Results 230.40 L Review of Failed Examinations 230.40 M Examination for Record Purposes Section 230.50 Classifications and Disciplines of Engineering and Surveying 230.50 A Classification of Engineering Licensure

(EI, PE, discipline engineer)

230.50 B Classification of Surveying Licensure 130.10 B Section 230.60 Applications 230.60 A Kinds of Applications 130.20 230.60 B Completing Applications 130.20 230.60 C Applications from Applicants with Degrees from Foreign

Schools

230.60 D Reconsideration of Applications 230.60 E Disposal of Applications 230.60 F Retention of Records of Applications 230.60 G Expedited Comity Licensure SECTION 240 LICENSEES Section 240.10 Licensure 240.10 A

Licensure Number as a Professional Engineer or Professional Surveyor

140.10

240.10 B Certificates of Licensure 140.10 240.10 C Retirement of Licensure Option 240.10 D Reissuance of Certificate 140.30 Section 240.15 Rules of Professional Conduct

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240.15 A Licensee’s Obligation to Society 240.15 B Licensee’s Obligation to Employer and Clients 240.15 C Licensee’s Obligation to Other Licensees Section 240.20 Seals 240.20 A Seal of the Board 120.60 A 240.20 B Seal of Licensee 140.10 C 240.20 C Seal on Documents 140.10, 140.10 C Section 240.30 Continuing Professional Competency 120.60 E 240.30 A Introduction 240.30 B Definitions 240.30 C Requirements 240.30 D Units 240.30 E Determination of Credit 240.30 F Recordkeeping 240.30 G Exemptions 240.30 H Reinstatement 240.30 I Comity/Out-of-Jurisdiction Resident 240.30 J Dual Licensees 240.30 K Forms Section 240.40 Expirations, Renewals, and Reinstatement to Active Practice 240.40 A Renewal notice mailed annually or as required by the board 140.20 240.40 B Renewal fee established by the board 140.20 240.40 C Board must receive renewal fees before expiration date 240.40 D Late renewal fees assessed an additional fee 240.40 E Unpaid renewal fees void license and require new application

for license to practice

240.40 F Applicants who notify board before expiration that they are no longer practicing may retain certificate for later use upon payment of fees

240.40 G Licensees solely responsible for timely renewal of their license 240.40 H Applicants for renewal may be asked to demonstrate they have

maintained the required minimum level of professional competence

240.40 I Licensees granted inactive status may return to active status upon notifying the board of this intention, paying required fees, and meeting all other requirements of the board

240.40 J Licensees who do not maintain active status in any jurisdiction for three years preceding requested date of reinstatement must take the PE and PLS and jurisdiction-specific exams

SECTION 250 DISCIPLINARY ACTIONS Section 250.10 Professional Conduct 250.10 A Knowledge of Rules 150.10 C 250.10 B Convictions Section 250.20 Compliance 150.30 Section 250.30 Disciplinary Action of Licensees 250.30 A Complaints 150.20 A 250.30 B Probable Cause 250.30 C Summons and Complaints 120.60 B, 150.20 250.30 D Evidentiary Matters

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250.30 E Conduct of Hearing 250.30 F Record of Hearing 250.30 G Order of the Board 250.30 H Discipline 150.20 250.30 I Stay Order Section 250.40 Reinstatement of Licensure or Certification After

Revocation

250.40 A Petition for Reinstatement 150.20 F 250.40 B Board Action 150.20 F Section 250.50 Conflict and Bias SECTION 260 MISCELLANEOUS Section 260.10 Severability

Prepared by the

National Council of Examiners for Engineering and Surveying

P.O. Box 1686 (280 Seneca Creek Rd.)

Clemson, South Carolina 29633-1686

Telephone: 864-654-6824 Toll Free: 800-250-3196

Fax: 864-654-6033 http://www.ncees.org

Printed October 2003, 200