H 3255 Session 109 (1991-1992)
H 3255 General Bill, By J.V. Gregory, Boan, Cato and Wilkins
A Bill to amend the Code of Laws of South Carolina, 1976, by adding Chapter 22
in Title 40, relating to professions and occupations, so as to revise and
recodify the law relating to the registration of engineers and land surveyors
by the South Carolina State Board of Registration for Professional Engineers
and Land Surveyors and provide penalties for violations, to repeal Chapter 21,
Title 40 of the 1976 Code, relating to the registration of engineers and land
surveyors, to provide for the continuation of regulations promulgated under
prior law, to authorize a fee for the temporary registration of engineers, to
provide for the continuation in office of the members of the South Carolina
State Board for Registration of Engineers and Land Surveyors, and to save
proceedings before the Board arising under prior law.
01/17/91 House Introduced and read first time HJ-16
01/17/91 House Referred to Committee on Labor, Commerce and
Industry HJ-16
A BILL
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976,
BY ADDING CHAPTER 22 IN TITLE 40, RELATING TO
PROFESSIONS AND OCCUPATIONS, SO AS TO REVISE AND
RECODIFY THE LAW RELATING TO THE REGISTRATION OF
ENGINEERS AND LAND SURVEYORS BY THE SOUTH
CAROLINA STATE BOARD OF REGISTRATION FOR
PROFESSIONAL ENGINEERS AND LAND SURVEYORS AND
PROVIDE PENALTIES FOR VIOLATIONS, TO REPEAL CHAPTER
21, TITLE 40 OF THE 1976 CODE, RELATING TO THE
REGISTRATION OF ENGINEERS AND LAND SURVEYORS, TO
PROVIDE FOR THE CONTINUATION OF REGULATIONS
PROMULGATED UNDER PRIOR LAW, TO AUTHORIZE A FEE
FOR THE TEMPORARY REGISTRATION OF ENGINEERS, TO
PROVIDE FOR THE CONTINUATION IN OFFICE OF THE
MEMBERS OF THE SOUTH CAROLINA STATE BOARD FOR
REGISTRATION OF ENGINEERS AND LAND SURVEYORS, AND
TO SAVE PROCEEDINGS BEFORE THE BOARD ARISING UNDER
PRIOR LAW.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Title 40 of the 1976 Code is amended by adding:
"CHAPTER 22
Engineers and Land Surveyors
Section 40-22-10. As used in this chapter:
(1) `Engineer' means a professional engineer as defined in this
section:
(2) `Professional engineer' means a person who, by reason of his
special knowledge of the mathematical and physical sciences and the
principles and methods of engineering analysis and design, acquired by
professional education and practical experience, is qualified to practice
engineering as defined in this section, all as attested by his legal
registration as a professional engineer in this State.
(3) `Engineer-in-Training' means a person who has qualified for
and passed the Fundamentals of Engineering examinations as provided
in this chapter and is entitled to receive a certificate as an `Engineer-in-Training'.
(4) `Practice of engineering' means a professional service or
creative work requiring engineering education, training, and experience,
and the application of special knowledge of the mathematical, physical,
and engineering sciences to professional services or creative work as
consultation, investigation, evaluation, planning, design, and observation
of construction for the purpose of evaluating compliance with
specifications and design in connection with public or private utilities,
structures, buildings, machines, equipment, processes, works, or
projects. A person is construed to practice or offer to practice
engineering, within the meaning and intent of this chapter who:
(a) practices any branch of the profession of engineering;
(b) by verbal claim, sign, advertisement, letterhead, card, or
in any other way represents himself to be a professional engineer or
through the use of some other title implies that he is a professional
engineer; or
(c) holds himself out as able to perform or does perform any
engineering service or work or any other professional service designated
by the practitioner or recognized by educational authorities as
engineering.
(5) `Professional Land Surveyor' means a person who is qualified
and licensed to practice TIER A or TIER B land surveying in this State,
as defined in this section and as attested by his legal registration as a
TIER A or TIER B Professional Land Surveyor in this State.
(6) `Land Surveyor-in-Training' means a person who has qualified
for and passed the Fundamentals of Land Surveying examinations as
provided in this chapter and is entitled to receive a certificate as a Land
Surveyor-in-Training.
(7) The `Practice of land surveying' means:
(a) `Practice of TIER A land surveying' includes measuring and
locating lines, angles, elevations, natural and manmade features in the
air, on the surface of the earth, within underground workings, or on the
beds of bodies of water for the purpose of determining areas and
volumes, for the monumenting of property boundaries and for the
platting and laying out of lands and subdivisions of lands, including the
topographic alignment and grades of streets and for the preparation of
maps, plats, and property descriptions that represent the surveys. The
practice of TIER A land surveying also includes, but is not limited to,
establishing the horizontal and vertical control for aerial surveys and
photogrammetric compilation; astronomical observations for the
determination of the true azimuth; layout of proposed improvements,
including land development plans, site plans, subdivision plans, profiles,
typical sections, and cross sections for streets; measurements for and
preparation of plans showing existing improvements after construction,
including condominium plot plans; measurements for and preparation of
topographic maps and surveys; and preparation of descriptions and plans
or use in legal instruments of conveyance of real property and property
rights.
(b) `Practice of TIER B land surveying' includes all rights and
privileges of TIER A land surveying practice; and in addition to these
rights and privileges, TIER B land surveying includes, for subdivisions,
preparing and furnishing subdivision plans for sedimentation and
erosion control and storm drainage systems, if the systems do not require
the structural design of system components and are restricted to the use,
where relevant, of any standards prescribed by local, state, or federal
authorities. Regulations defining the scope of the additional powers
granted to TIER B land surveyors must be promulgated by the Board.
(8) `Board' means the South Carolina State Board of Registration
for Professional Engineers and Land Surveyors as provided by this
chapter.
(9) "ABET" means the Accreditation Board for
Engineering and Technology. `EAC' means the Engineering
Accreditation Commission of ABET.
(10) `Resident Professional Engineer' or `Resident Professional
Land Surveyor' with respect to principal office and branch office
requirements means a licensed practitioner who spends a majority of
each normal workday in the principal or branch office.
(11) `Branch office' means a place of business separate from the
principal place of business where engineering services or land surveying
services are provided. A specific project or construction site office is
not a branch office. Nothing contained in this chapter prevents a
Professional Engineer or Professional Land Surveyor from undertaking
an engineering or a land surveying project anywhere in the State.
(12) `Registered' means the engineer or land surveyor is duly
registered in the State.
(13) `Misconduct' means the violation of a provision of this chapter
or of the Board's Regulations.
(14) `Gross negligence' means an act or course of action, or
inaction, which denotes a lack of reasonable care, or a conscious
disregard or indifference to the rights, safety, or welfare of others and
which does or could result in financial loss, injury, or damage to life or
property.
(15) `Incompetence' means the practice of engineering or land
surveying by a registrant determined to be either incapable of exercising
ordinary care and diligence or lacking the ability and skill necessary
properly to perform the duties undertaken.
(16) `Direct supervision' means the direct responsibility for
supervision, critical watching and checking of engineering and/or land
surveying activities with the authority directly to review, enforce, and
control compliance with all engineering and/or land surveying criteria,
specifications, and procedures as the work progresses.
(17) `Direct responsibility', `direct supervisory control', and
`responsible charge' all mean the direction of engineering work by an
engineer or land surveying work by a land surveyor to the extent that
successful completion of the work is dependent on the personal
supervision, direct control, and final decisions by the qualified registrant
to the extent that the qualified registrant assumes professional
responsibility for the work.
(18) `Fraud or deceit' means intentional deception to secure gain,
through attempts deliberately to conceal, mislead, or misrepresent the
truth in a manner that others might take some action in reliance or an act
which provides incorrect, false, or misleading information on which
others might rely.
(19) `Good character' refers to a person of good moral character
and one who has not been convicted of violent crimes as defined in
Section 16-1-60, or a crime of moral turpitude.
(20) `Current certificate of registration' means a certificate of
registration which has not expired or has not been revoked, and which
has not been suspended or otherwise restricted by the board.
(21) `Professions of architecture, landscape architecture, and
geology' mean those specified professions as defined by the laws of this
State and applicable regulations.
Section 40-22-20. The mere execution, as a contractor, of work
designed by a Professional Engineer or the supervision of the
construction of such work as a foreman or superintendent is not
considered the practice of engineering.
Section 40-22-30. In order to safeguard life, health, and property
and to promote the public welfare, a person in either public or private
capacity practicing or offering to practice engineering or land surveying
must submit evidence that he is qualified to practice and must be
registered as provided in this chapter. It is unlawful for a person to
practice or to offer to practice in this State engineering or land
surveying, as defined in Section 40-22-10, or to use in connection with
his name or otherwise assume, use, or advertise a title or description
tending to convey the impression that he is a professional engineer or a
land surveyor, unless the person is registered under the provisions of this
chapter.
Section 40-22-40. (A) The practice or offer to practice
engineering and land surveying as defined in this chapter by individual
professional engineers or professional land surveyors registered under
this chapter through a corporation, partnership, or firm offering
engineering services or land surveying services to the public through
individual registered professional engineers or professional land
surveyors, as agents, employees, officers, or partners, is permitted if:
(1) one or more of the corporate officers in the case of a
corporation, or one or more of the principal owners in the case of a
professional corporation, partnership, or similar entity, are designated as
being responsible for the professional services regulated by this board
and are licensed under the provisions of this chapter;
(2) all personnel of the business entity who act in this State on
behalf of the business entity as professional engineers or land surveyors
are licensed under the provisions of this chapter; and
(3) the corporation, professional corporation, or partnership
has been issued a certificate of authorization by the board as required by
this section.
Nothing in this section may be construed to mean that a certificate of
registration to practice engineering or land surveying may be held by a
corporation, partnership, or firm.
(B) Effective July 1, 1992, the practice or offer to practice, of
professional engineering or land surveying through a corporation,
professional corporation, partnership, or similar entity is permitted only
through entities holding a valid certificate of authorization issued by the
board. For the purposes of this subsection, a certificate of authorization
is also required for a corporation, professional corporation, partnership,
or other entity practicing in this State under a fictitious name. However,
when an individual is practicing engineering or land surveying in his
own given name, he is not required to register for a certificate of
authorization.
(C) Firms seeking to incorporate or register to do business in this
State under provisions of this section shall apply and obtain approval
from the board before filing their articles of incorporation or revisions
to their article with the Secretary of State. Issuance of a certificate of
authorization by the board is contingent upon official notification of
approval of the charter or sanction by the Secretary of State.
(D) A firm desiring a certificate of authorization shall file with the
board an application on forms provided by the board accompanied by
the registration fee as provided by regulation. Each certificate of
authorization must be renewed annually. A renewal form provided by
the board must be completed and submitted with the annual registration
fee, the fee being an amount as provided by regulation. Information to
be provided on the application and renewal forms shall include the
names and addresses of all officers and directors of the corporation, or
professional corporation, or officers and partners of the partnership duly
registered to practice engineering or land surveying in this State,
including those in responsible charge of branch offices.
(E) Disciplinary action against a corporation, professional
corporation, partnership, or similar entity must be administered in the
same manner and on the same grounds as disciplinary action against a
registrant. No corporation, professional corporation, partnership, or
similar entity is relieved of responsibility for conduct or acts of its
agents, officers, or employees by reason of its compliance with this
section, nor is an individual practicing engineering or land surveying
relieved of responsibility for professional services performed by reason
of his employment or relationship with the business entity.
(F) Nothing in this section may be construed to prohibit
corporations, professional corporations, partnerships, and similar entities
from joining together to offer engineering or land surveying services to
the public, if each separate entity providing the services in this State
otherwise meets the requirements of this section. For firms practicing
as a professional corporation under the laws of this State, the joint
practice of engineering and/or land surveying with the professions of
architecture, landscape architecture, and geology is specifically
approved by the board.
(G) If the requirements of this section are met, the board shall
issue a certificate of authorization to the organization, and the
organization may contract for and collect fees for professional
engineering and land surveying services. The board, however, may
refuse to issue a certificate, or suspend or revoke an existing certificate
for due cause. A person or organization aggrieved by an adverse
determination of the board may appeal to the circuit court as provided
in this chapter.
Section 40-22-50. (A) Upon application and approval by the
board, and payment of the fee provided by regulation, the board shall
grant a temporary registration for work on one specified project in this
State for a period not to exceed one year to an engineer who has recently
become a resident of this State, or a nonresident engineer having no
established place of business in this State, who meets the qualification
requirements for registration in this State and holds a valid certificate to
practice in another state. A registrant may not renew a temporary
certificate at its expiration date, nor may he apply for temporary
registration in connection with more than one specific project in any
three-year period.
(B) Upon approval by the board and payment of the fee provided
by regulation, the Board shall grant a temporary certificate of
authorization for work on one specified project in this State for a period
not to exceed one year. This temporary certificate may be granted only
to an out-of-state corporation, professional corporation, partnership, or
similar entity, and provided that at least one of the principal officers of
the corporation or professional corporation, one of the partners of the
partnership, or one of the principals in any other entity is registered
under this chapter or has obtained a temporary registration as provided
by this chapter. The approval of a temporary certificate of authorization
constitutes appointment of the Secretary of State as an agent of the
applicant for service of process in an action or proceeding against the
applicant arising out of any transaction or operation connected with or
incidental to the practice of engineering.
Section 40-22-60. Professional engineers and professional land
surveyors engaged in business as sole proprietorships, partnerships,
corporations, or other types of firms involving the practice of
engineering or land surveying may maintain branch offices as well as a
principal place of business. Each principal place of business as well as
each branch office must have a resident professional engineer or
professional land surveyor in responsible charge of the field and office
surveying or engineering work provided. A professional engineer must
supervise the engineering branch office and a professional land surveyor
must supervise the land surveying branch office. The resident
professional engineer or professional land surveyor is considered in
residence in only one place of business at a given time. In this section,
`engaged in business' means holding oneself out generally to the public
as qualified and available to perform engineering or land surveying
services, or both, for a fee.
Section 40-22-70. The south carolina state board of registration for
professional engineers and land surveyors shall administer the
provisions of this chapter. The board shall consist of five professional
engineers and two professional land surveyors, at least one of whom
must be actively engaged in the practice of land surveying. These
members must be appointed by the Governor and must be registered in
this State and must have the qualifications required by Section 40-22-80.
In addition, the board shall have one public member appointed by the
Governor. Members of the board shall serve for terms of five years and
until their successors are appointed and qualify.
Section 40-22-80. Each engineering member of the board must be
a citizen of the United States and a resident of this State, must have been
engaged in the practice of engineering in this State for at least twelve
years and must have been in responsible charge of important engineering
work for at least five years. Responsible charge of engineering teaching
may be construed as responsible charge of important engineering work.
Each land surveyor member of the board must be a citizen of the
United States and a resident of this State and must have been engaged
in the practice of land surveying in this State for at least twelve years.
The public member of the board must be a citizen of the United
States and a resident of this State for at least twelve consecutive years.
Section 40-22-90. A member of the board shall receive a certificate
of his appointment from the Governor and before beginning his term of
office shall file with the Secretary of State his written oath or affirmation
for the faithful discharge of his official duty.
Section 40-22-100. A member of the board shall receive a per
diem allowance when actually attending to the work of the board or any
of its committees and for the time spent in necessary travel and, in
addition, must be reimbursed for all actual traveling, incidental, and
clerical expenses necessarily incurred in carrying out the provisions of
this chapter.
Section 40-22-110. The Governor may remove a member of the
board for misconduct, incompetency, neglect of duty, or for any other
sufficient cause. Vacancies in the membership of the board must be
filled for the unexpired term in the manner of original appointment.
Section 40-22-120. The board shall hold at least two regular
meetings each year. Special meetings must be held at the time as the
bylaws of the board may provide. Notice of all meetings must be given
in the manner as the bylaws may provide. The board shall elect or
appoint annually a chairman, a vice-chairman, and a secretary. A
quorum consists of a simple majority of those members eligible to vote.
Neither the board nor any of its members, agents, or employees are
liable for acts performed in good faith during the course of their official
duties.
Section 40-22-130. The board may adopt and amend all bylaws and
rules of procedure, not inconsistent with the Constitution and laws of
this State, which may be reasonably necessary for the proper
performance of its duties and the regulation of the proceedings before it.
The board shall adopt and have an official seal.
Section 40-22-140. All funds derived under the provisions of this
chapter must be remitted to the State Treasurer as collected. These
funds may be expended as directed by the board upon warrant
requisitions directed to the Comptroller General who, after being
satisfied of the propriety of payment, shall issue his warrant on the State
Treasurer.
Section 40-22-150. The board may employ clerical or other
assistants as necessary for the proper performance of its work and make
expenditures of the fund of the South Carolina State Board of
Registration for Professional Engineers and Land Surveyors for any
purpose which in the opinion of the board is reasonably necessary for
the proper performance of its duties under this chapter, including the
expenses of the board's delegates to annual meetings of, and membership
dues to, the National Council of Examiners for Engineering and
Surveying.
Section 40-22-160. The board shall keep a record of its proceedings
and a register of all applications for registration and all applications for
certificates of authorization.
(1) For professional registration applications, the register shall
show:
(a) the name, age, and residence of each applicant;
(b) the date and type of the application;
(c) the business address and telephone number of the applicant;
(d) his educational and other qualifications;
(e) whether or not an examination was required;
(f) whether the applicant was rejected;
(g) whether a certificate of registration was granted;
(h) the date of the action of the board; and
(i) other information considered necessary by the board.
(2) For applications requesting a certificate of authorization, the
register shall show:
(a) the name and type of business entity;
(b) the date of application;
(c) the business address and telephone number;
(d) the address for service of due process;
(e) the date of action by the board;
(f) approval or rejection of the application; and
(g) other information considered necessary by the board.
The records of the board are prima facie evidence of the proceedings
of the board set forth in the record and a transcript of the proceedings,
duly certified by the secretary of the board under seal, is admissible in
evidence as if the original were produced.
Section 40-22-170. A roster or roster supplements showing the
current names and places of business of all professional engineers and
all professional land surveyors must be published by the board each
year. Copies must be mailed to each person registered, provided to the
State Library, and upon payment of a fee provided by regulation
furnished to the public on request.
The roster and roster supplements must also provide a listing of
business entities holding a valid certificate of authorization to practice
engineering or land surveying, or both, in this State.
Section 40-22-180. The board shall make an annual report in
accordance with the provisions of Chapter 73 of this title.
Section 40-22-190. To be eligible for registration as a professional
engineer, an applicant must be of good character and reputation. When
the evidence presented in the application does not appear to the board
conclusive, nor warrant the issuing of a certificate of registration the
applicant may be required to present further evidence for the
consideration of the board. The applicant must also meet the
requirements of the other pertinent sections of this chapter.
The minimum evidence satisfactory to the board that an applicant is
qualified for registration as a professional engineer is:
(1) graduation in an EAC/ABET accredited engineering
curriculum of four or more years from a school or college approved by
the board as being in satisfactory standing, a specific record after
graduation of an additional four or more years of progressive experience
in engineering work of a character satisfactory to the board, indicating
that the applicant is competent to practice engineering (in counting
years of experience, the board, at its discretion, may give one year credit
for satisfactory completion of a Master's Degree in Engineering or
maximum credit of two years for satisfactory completion of the
doctorate level degree in engineering) and passing of examinations
required by the Board; or
(2) graduation in an approved engineering or an approved related
engineering science curriculum of four or more years, in a school or
college other than those in item (1) of this section, a specific record after
graduation of eight or more years of experience in engineering work of
a character satisfactory to the board, indicating that the applicant is
competent to practice engineering, passing of a written or oral
examination designed to show knowledge and skill approximating that
attained through graduation in an EAC/ABET accredited four-year
engineering curriculum, and then passing of the written examinations
required of applicants in item (1) of this section.
Section 40-22-200. The minimum evidence satisfactory to the
board that an applicant is qualified for certification as an engineer-in-training is:
(1) Graduation in an EAC/ABET accredited engineering
curriculum of four or more scholastic years from a school or college
approved by the board as being in satisfactory standing and passing of
a written examination as required by the board; or
(2) graduation in an approved engineering or an approved related
engineering science curriculum of four or more years in a school or
college other than those approved by the board in item (1) of this
section, a specific record after graduation of four or more years
experience in engineering work of a character satisfactory to the board
and passing written examinations in engineering subjects designed to
show knowledge and skill approximating that attained through
graduation in an EAC/ABET accredited engineering curriculum, and
passing of the examination as required in item (1) of this section.
Section 40-22-210. In considering the qualifications of applicants,
engineering teaching as qualified by the board may be considered as
engineering experience.
Section 40-22-220. To be eligible for registration as a professional
land surveyor an applicant must be of good character and reputation.
When the evidence presented in the application does not appear to the
board conclusive nor warranting the issuing of a certificate of
registration, the applicant may be required to present further evidence
for the consideration of the board. The applicant must also meet the
requirement of the other pertinent sections of this chapter.
The minimum evidence satisfactory to the board that an applicant is
qualified for registration as a TIER A Professional Land Surveyor is:
(1) Graduation from a school or college of four or more years
with a bachelor of science degree or a bachelor of engineering
technology degree in an ABET Commission accredited curriculum of
land surveying or engineering technology including completed courses
in surveying and mapping of not less than twelve semester hours or the
equivalent in quarter hours satisfactory to the board; a specific record of
two or more years of progressive practical experience of a character
satisfactory to the board and performed under a practicing registered
professional land surveyor and passing of the Fundamentals of Land
Surveying examinations and the written or written and oral examinations
in the Principles and Practices of TIER A Land Surveying as prescribed
by the board; or
(2) Graduation from a school or college of two or more years with
an associate degree in an ABET Commission accredited curriculum of
engineering technology or land surveying, including completed
surveying courses of a character satisfactory to the board; a specific
record of four or more years of progressive practical experience of a
character satisfactory to the board and performed under a practicing
registered professional land surveyor or other comparable and equivalent
supervision; and passing of the Land Surveyor-in-Training
Fundamentals of Land Surveying examinations and the written or
written and oral examinations in the Principles and Practices of TIER A
Land Surveying as prescribed by the Board.
Section 40-22-230. (A) Persons registered only as professional
land surveyors as of May 13, 1986, are classified TIER A Professional
Land Surveyors and are allowed to practice surveying in the TIER B
classification as described in Section 44-22-10(7)(b) only after passing
the written examination for TIER B Land Surveyor applicants as
prescribed by the board.
(B) Persons registered as both professional land surveyor and
professional engineer are classified TIER B professional land surveyors.
(C) Persons not registered as professional land surveyor as of May
13, 1986, under the appropriate provisions of Chapter 21 of this title as
that chapter existed before that date, applying for registration as a TIER
B Land Surveyor, must meet the four-year education requirement in
Section 40-22-240, in addition to all other requirements of this chapter.
Section 40-22-240. The minimum evidence satisfactory to the board
that an applicant is qualified for registration as a TIER B Professional
Land Surveyor is:
Graduation from a school or college of four or more years with a
bachelor of science degree including in the curriculum not less than
fifteen semester hours or the equivalent in quarter hours of surveying,
mapping, hydraulics, and hydrology courses satisfactory to the board, or
a bachelor of engineering technology degree in an ABET Commission
accredited curriculum of land surveying or engineering technology
including in the curriculum not less than twelve semester hours or the
equivalent in quarter hours of surveying, mapping, hydraulics, and
hydrology courses satisfactory to the board; a specific record of two or
more years of progressive practical experience of a character satisfactory
to the board and performed under a practicing registered land surveyor
and passing of the Land Surveyor-in-Training Fundamentals of Land
Surveying Examinations and the written or written and oral
examinations in the Principles and Practices of TIER A and TIER B
Land Surveying as prescribed by the board.
Section 40-22-250. The minimum evidence satisfactory to the
board that an applicant is qualified for certification as a land surveyor-in-training is:
(1) graduation from a school or college of four or more years with
a bachelor of science degree or a bachelor of engineering technology
degree in an ABET Commission accredited curriculum of land
surveying or engineering technology including in the curriculum not less
than twelve semester hours or the equivalent in quarter hours of
surveying, mapping, hydraulics, and hydrology courses satisfactory to
the board, and a specific record of one or more years of progressive
practical experience of a character satisfactory to the board and
performed under a practicing registered professional land surveyor and
has passed the written or written and oral examinations in the
fundamentals of land surveying as prescribed by the board; or
(2) graduation from a school or college of two years or more with
an associate degree in an ABET Commission accredited curriculum of
engineering technology or land surveying, including completed
surveying courses of a character satisfactory to the board, and a specific
record of three years or more of progressive practical experience of a
character satisfactory to the board, and performed under a practicing
professional land surveyor or other comparable and equivalent
supervision, and has passed the written or written and oral examinations
in the fundamentals of land surveying as prescribed by the board.
Section 40-22-260. No person is eligible for registration as a
professional engineer or professional land surveyor or certification as an
engineer-in-training or land surveyor-in-training who is not of good
character and reputation, and who cannot effectively communicate in the
English language.
Section 40-22-270. A person having the necessary qualifications
prescribed in this chapter to entitle him to registration is eligible for
registration although he may not be practicing his profession at the time
he applies.
Section 40-22-280. Applications for registration must be on
forms prescribed and furnished by the board, and must contain
statements made under oath showing the applicant's education and a
detailed summary of his technical work.
(1) The application for engineering registration must contain no
fewer than five references, of whom three or more are registered
engineers having personal knowledge of the applicant's engineering
experience. In addition, the application must contain references to
verify each employment period. The board shall solicit comments from
references furnished; then comments must be confidential and privileged
information for use only by the board.
(2) The application for land surveying registration must contain
no fewer than five references of whom three or more must be registered
land surveyors having personal knowledge of the applicant's land
surveying experience. In addition, the application must contain
references to verify each employment period. The board shall solicit
comments from references furnished; those comments must be
confidential and privileged information for use only by the board.
Section 40-22-290. The examination and registration fees for
professional engineers, engineers-in-training, professional land
surveyors, and land surveyors-in-training must be promulgated by the
board by regulation.
Should the board deny the issuance of a certificate of registration to
an applicant, once the processing of his application has commenced, the
fee deposited must be retained as an application fee.
Section 40-22-300. When oral or written examinations are required,
they must be held at the time and place the board determines.
Examinations must be given for the purpose of determining the
qualifications of applicants for registration separately in engineering and
land surveying.
Section 40-22-310. A candidate failing an examination may apply
for re-examination at the next examination date and must be re-examined with payment of an additional fee sufficient to cover the cost
of re-examination, to be determined by the board of regulations. A
candidate for registration who has failed the same topical examination
two times shall provide evidence satisfactory to the board that the
candidate has taken steps such as additional schooling, classes, seminars,
or self study to prepare better the candidate for a third examination on
the same topical subject. The board may refuse further examination
unless a candidate failing the same topical examination twice has shown
evidence satisfactory to the board that measures have been taken to
enhance the candidate's chances of success. A new application is
required of a candidate having failed the same topical examination three
times for a new determination by the board as to whether the candidate
has the necessary experience and other qualifications for admittance to
further examination.
Section 40-22-320. The board shall issue a certificate of registration
upon payment of the registration fee as provided in this chapter to an
applicant who, in the opinion of the board, has satisfactorily met all the
requirements of this chapter. In the case of a professional engineer, the
certificate authorizes the practice of engineering. In the case of a
professional land surveyor the certificate authorizes the practice of TIER
A or TIER B land surveying as applicable. Certificates of registration
must show the full name of the registrant, have a serial number, and
must be signed by the chairman and the secretary of the board under seal
of the board.
Section 40-22-330. The issuance of a certificate of registration
by the board is prima facie evidence that the person registered is entitled
to all the rights and privileges of a professional engineer or of a
professional land surveyor while the certificate remains unrevoked or
unexpired.
Section 40-22-340. The board, for sufficient reason, may reissue
a certificate of registration to a person whose certificate has been
revoked if a majority of the members of the board vote in favor of
reissuance. A new certificate of registration, to replace a certificate
revoked, lost, destroyed, or mutilated may be issued, subject to the rules
of the board, and a charge to be determined by the board by regulation
must be made for the issuance.
Section 40-22-350. Every certified professional engineer and
professional land surveyor registered under the provisions of this chapter
who decides to continue the practice of his profession shall annually
during the month of June pay the board a fee sufficient to support the
costs of the board's operations, to be determined by the board by
regulation, for which fee a renewal registration card for the ensuing
registration year must be issued. The board shall assess a late renewal
penalty of twenty percent of the annual renewal fee against those
persons who do not renew their registration within one month of the
annual renewal date. The penalty must be assessed for each two months
thereafter, with a maximum grace period of three months following the
annual renewal date. Those persons not renewing their licenses within
three months following the annual renewal date shall file a new
application accompanied by the required application fee or, if they are
in a position to do so, file a notarized affidavit with the board certifying
that they have not been engaged in the practice of engineering or land
surveying in South Carolina during the period their certificates were not
in a current condition, accompanied by the total amount of unpaid
renewal fees and penalties. An individual whose certificate has lapsed
due to nonpayment of the required renewal fee within three months of
the due date, is considered in the same category as a previously
unregistered person, and, at the board's discretion, may be required to
pass an oral or written examination as a condition of relicensing.
Section 40-22-360. A person who holds a certificate of registration
to engage in the practice of engineering or land surveying issued on
comparable qualifications from a state, territory, or possession of the
United States, or of a foreign country, must be given comity
consideration. The applicant is required to take the examinations the
board considers necessary to establish that his qualifications meet the
requirements of this chapter and the rules and regulations prescribed or
promulgated by the board but, in any event, a land surveying applicant
must pass a written or written and oral examination including questions
of law, procedures, and practices pertaining to the practice of land
surveying in this State.
Section 40-22-370. Each registrant, and effective July 1, 1991, each
organization practicing under a certificate of authorization, shall obtain
a seal of the design authorized by the board.
(1) Individual seals must be under the personal custody and
control of the registrant and bear the registrant's name, registration
number, and the legend `Registered Professional Engineer' or
`Registered Professional Land Surveyor'.
(2) Seals for firms practicing under a certificate of authorization
must bear the firm's name, authorization number, and location.
(3) Plans, specifications, plats, and reports prepared by a
registrant or prepared under the registrant's direct supervision must be
stamped with seals when filed with public authorities during the life of
the registrant's certificate.
(4) Plans and specifications prepared by a registrant or prepared
under the registrant's direct supervision must be stamped with seals
when issued for use as job site record documents at construction projects
within this State.
(5) It is unlawful for anyone to seal documents with a seal after
the certificate of the registrant or the certificate of authorization in the
case of corporations, professional corporations, partnerships, and similar
entities named on the seal has expired or has been revoked or suspended
unless the certificate has been renewed, reissued, or reinstated.
(6) Where individual seals are affixed to plans, specifications,
plats, and reports, the registrant shall superimpose his original signature
and date under or across the face and beyond the circumference of the
seal. The signature and date must not be applied in a manner that
obliterates or renders illegible the registrant's license number or name.
Section 40-22-380. In implementing the provisions of this chapter,
the board under the hand of its chairman and the seal of the board, may
subpoena witnesses and compel their attendance and also may require
the production of books, papers, documents, and similar material in a
case involving the violation of provisions of this chapter or applicable
regulation. A member of the board may administer oaths or affirmations
to witnesses appearing before the board. If a person refuses to obey a
subpoena so issued or refuses to testify or produce books, papers,
documents, or similar material, the board may present its petition to the
authority having jurisdiction, setting forth the facts; and the authority
shall in a proper case issue its subpoena to the person, requiring his
attendance before the authority there to testify or to produce books,
papers, documents, or similar material as considered necessary and
pertinent by the board. A person failing or refusing to obey the
subpoena or order of the authority may be proceeded against in the same
manner as for refusal to obey any other subpoena or order of the
authority.
Section 40-22-390. The board may suspend, refuse, or revoke a
certificate of registration as well as reprimand or fine a registrant who
is found guilty of, or in the case of item (6), is the subject of:
(1) the practice of fraud or deceit in applying for or obtaining a
certificate of registration;
(2) gross negligence, incompetency, or misconduct in the practice
of engineering or land surveying as a professional engineer or
professional land surveyor;
(3) a felony or misdemeanor which, in the judgment of the board,
adversely affects the registrant's ability to perform satisfactorily within
the licensed discipline;
(4) aiding or abetting any person in violation of a provision of this
chapter;
(5) a violation of this chapter or of the rules and regulations as
prescribed or promulgated by the board;
(6) a declaration of insanity by a court of competent jurisdiction
and has not thereafter been declared sane.
Section 40-22-400. A person may prefer charges of fraud, deceit,
gross negligence, incompetency, or misconduct against a registrant.
(1) The charges must be in writing, supported by affidavit of
specific wrongdoing, and filed with the secretary of the board. All
charges, unless dismissed by the board as unfounded, trivial, or
otherwise without merit, must be investigated by the board to determine
if a hearing is warranted.
(2) If in the judgment of the board a hearing is warranted, the
charges may be processed as provided for by the Administrative
Procedures Act, Section 1-23-10, et seq. The time and place for a
hearing must be fixed by the board. The accused must be furnished a
copy of the charges and a notice of the time and place of hearing.
Notification must be personally served or served by certified mail, return
receipt requested, at the last known address of the registrant at least
thirty days before the scheduled hearing date. The accused may appear
personally and with counsel, to cross-examine witnesses appearing
against him and to produce evidence and witnesses in his own defense.
(3) If a majority of the board sustains the charges against the
registrant, the board may levy a civil fine against the registrant as well
as reprimand, suspend, refuse to renew, or revoke the registrant's
certificate. The board may require the registrant to pay a fine of not
more than two thousand dollars to the board for each violation of the
provisions of this chapter or the regulations promulgated by the board,
but the total of the fines imposed for these violations may not exceed ten
thousand dollars. All fines must be remitted by the board to the State
Treasurer and deposited in a special fund from which the board must be
reimbursed for the administrative costs for each case upon the approval
of the State Budget and Control Board. If the special fund exceeds
twenty thousand dollars, all funds in excess of twenty thousand dollars
must be remitted to the general fund of the State. Fines are payable
immediately upon imposition. Unless the fine is paid within sixty days
after the order becomes final, the order constitutes a judgment and must
be filed and execution issued on the judgment in the same manner as the
judgment of the court of comon pleas. Interest accrues on the amount
of the fine from the date imposed until the date paid at the rate specified
in Section 34-31-20(B). No registrant against whom a fine is levied is
eligible for reinstatement until the fine has been paid in full.
(4) The board may not consider charges in a matter that would
otherwise be precluded by prevailing statutes of limitation or repose.
Section 40-22-410. A final order of the board which finds an
engineer, land surveyor, or other person guilty of any offense charged
in a formal accusation must be made public unless stayed by the court.
Section 40-22-420. A person who is aggrieved by an action of the
board in suspending, denying, or revoking his certificate of registration,
or a reprimand, may appeal the action to the circuit court and, after full
hearing, the court shall make the decree sustaining or reversing the
action of the board as it considers just and proper.
Section 40-22-430. A person:
(1) who practices or offers to practice engineering or land
surveying in this State without being registered in accordance with the
provisions of this chapter;
(2) who presents or attempts to use as his own the certificate of
registration or the seal of another;
(3) who gives false or forged evidence of any kind to the board
or to a member of the board in obtaining a certificate of registration;
(4) who falsely impersonates another registrant of like or different
name;
(5) who attempts to use an expired or revoked certificate of
registration; or
(6) who violates a provision of this chapter
is guilty of a misdemeanor and, upon conviction, must be punished by
a fine of not less than five hundred dollars nor more than two thousand
dollars, or imprisonment for not more than six months, or both.
Section 40-22-440. To enforce the provisions of this chapter, or to
restrain a violation of this chapter, the board may apply in the name of
the State for an injunction as provided generally in civil cases. In such
proceedings:
(1) It is not necessary to establish the absence of an adequate
remedy at law.
(2) Board members are not personally liable for damages resulting
from a wrongful injunction.
(3) The initial order of injunction must include a rule to show
cause and is temporary pending the return to the rule.
Section 40-22-450. All duly constituted officers of the law of this
State or a political subdivision of this State shall enforce the provisions
of this chapter and prosecute a person violating any of them. The
Attorney General or one of his assistants shall act as legal adviser of the
board and render legal assistance as may be necessary in carrying out the
provisions of this chapter.
(1) The clerk of court or the register of mesne conveyance for any
county shall refuse to accept for filing or recording a map, plat, survey,
or other document within the definition of land surveying, dated after
July 1, 1977, which does not have affixed to it the personal signature
and prescribed impression seal of a professional land surveyor. No
charge may be made by a professional land surveyor for the application
of his impression seal.
(2) The building official, or other designated authority charged
with the responsibility of issuing building or similar permits, shall refuse
to issue a permit for any undertaking, the plans and specifications for
which would require the seal of a professional engineer, unless the
permit applicant has furnished satisfactory evidence the documents were
prepared by an engineer licensed as required by this chapter or that the
documents are exempt from the requirements of this chapter. The
building official, or designated authority charged with the responsibility
of issuing building or similar permits, shall report to the board the name
and address of a person who has or is suspected to have violated
provisions of this chapter relating to the unlicensed practice of
engineering.
Section 40-22-460. (A) This chapter may not be construed to
prevent or to affect:
(1) the practice of any other legally recognized profession or
trade;
(2) the work of an employee or other subordinate of a person
holding a certificate of registration under this chapter;
(3) the practice of officers and employees of the government
of the United States while engaged within this State in the practice of
engineering or land surveying for the government;
(4) the work or practice of a regular employee of a public
utility, a telephone utility, or an electrical utility, by rendering to the
employing company engineering service in connection with its facilities
which are subject to regulation, supervision, and control in order to
safeguard life, health, and property by the Public Service Commission
of this State, so long as the person is actually and exclusively employed.
Engineering work not related to the exemption in this item where the
safety of the public is directly involved must be accomplished by or
under the responsible charge of a professional engineer;
(5) the work or practice of a regular employee of an electric
cooperative when rendering to the employing cooperative engineering
service in connection with its facilities which are subject to regulations
and inspections of the Rural Electric Administration, if the person is
actually and exclusively employed. Engineering work not related to the
exemption in this item where the safety of the public is directly involved
must be accomplished by or under the responsible charge of a
professional engineer;
(6) The work or practice of a regular employee of a state
authority which is licensed by and subject to the safety regulations of the
Federal Energy Regulatory Commission, and which sells and distributes
electric power to consumers, so long as the person is actually and
exclusively employed. Engineering work not related to the exemption
in this item where the safety of the public is directly involved must be
accomplished by or under the responsible charge of a registered
professional engineer.
(7) The work of a general contractor, specialty contractor, or
material supplier in the preparation and use of shop drawings or other
graphic descriptions used to detail or illustrate a portion of the work
required to construct the project in accordance with plans and
specifications prepared under the requirements of this chapter.
(B) If drawings and specifications are signed by the authors with
the true title of their occupations, this chapter does not apply to the
preparation of plans and specifications for:
(1) farm buildings not designed or used for human occupancy;
(2) buildings and structures less than three stories high and
less than five thousand square feet in area, except that buildings of
assembly, institutional, educational, and hazardous occupancies as
defined by the Standard Building Code, regardless of area are not
exempt from the provisions of this chapter;
(3) alterations to a building to which this chapter does not
apply, provided the alterations do not result in a change which would
otherwise place the building under the application of this chapter.
This subsection may not be construed to prejudice a law, ordinance,
regulation, or other directive duly enacted by another political body, or
a requirement by a contracting authority which would otherwise require
preparation of plans and specifications under the responsible charge of
a professional engineer or professional land surveyor."
SECTION 2. Except where inappropriate, regulations promulgated
pursuant to Chapter 21 of Title 40 of the 1976 Code are considered to be
promulgated pursuant to Chapter 22 of Title 40 of the 1976 Code as
added by this act.
SECTION 3. Until the promulgation of regulations prescribing a fee for
the temporary registration of engineers pursuant to Section 40-22-50 of
the 1976 Code, as added by this act, the South Carolina State Board of
Registration for Profesional Engineers and Land Surveyors may charge
a fee of not more than one hundred dollars for a temporary registration
to practice engineering in this State.
SECTION 4. Members of the South Carolina State Board of Registration
for Professional Engineers and Land Surveyors serving on the effective
date of this act shall continue to serve until the expiration of their terms,
after which their successors must be appointed as provided by law.
SECTION 5. Chapter 21 of Title 40 of the 1976 Code is repealed.
SECTION 6. This act takes effect July 1, 1991, and applies with respect
to applications for registration made for fiscal years beginning after June
30, 1991. Matters pending before the South Carolina State Board of
Registration for Professional Engineers and Land Surveyors on July 1,
1991, arising under the provisions of Chapter 21, Title 40 of the 1976
Code are saved, and must be resolved pursuant to the provisions of
Chapter 21, Title 40 of the 1976 Code in effect on June 30, 1991.
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