S 1027 Session 112 (1997-1998)
S 1027 General Bill, By Setzler and Lander
A BILL TO AMEND TITLE 40, CHAPTER 22 OF THE CODE OF LAWS OF SOUTH CAROLINA,
1976, RELATING TO PROFESSIONAL ENGINEERS AND LAND SURVEYORS, SO AS TO CONFORM
THIS CHAPTER TO THE STATUTORY ORGANIZATIONAL FRAMEWORK OF TITLE 40, CHAPTER 1
FOR BOARDS UNDER THE ADMINISTRATION OF THE DEPARTMENT OF LABOR, LICENSING AND
REGULATION AND TO FURTHER PROVIDE FOR THE LICENSURE AND REGULATION OF
ENGINEERS AND LAND SURVEYORS INCLUDING, BUT NOT LIMITED TO, AUTHORIZING THE
BOARD TO REGULATE CROSS-BORDER ENGINEERING.
02/12/98 Senate Introduced and read first time SJ-3
02/12/98 Senate Referred to Committee on Labor, Commerce and
Industry SJ-3
A BILL
TO AMEND TITLE 40, CHAPTER 22 OF THE CODE OF LAWS
OF SOUTH CAROLINA, 1976, RELATING TO PROFESSIONAL
ENGINEERS AND LAND SURVEYORS, SO AS TO CONFORM
THIS CHAPTER TO THE STATUTORY ORGANIZATIONAL
FRAMEWORK OF TITLE 40, CHAPTER 1 FOR BOARDS
UNDER THE ADMINISTRATION OF THE DEPARTMENT OF
LABOR, LICENSING AND REGULATION AND TO FURTHER
PROVIDE FOR THE LICENSURE AND REGULATION OF
ENGINEERS AND LAND SURVEYORS INCLUDING, BUT NOT
LIMITED TO, AUTHORIZING THE BOARD TO REGULATE
CROSS-BORDER ENGINEERING.
Be it enacted by the General Assembly of the State of South
Carolina:
SECTION 1. Title 40, Chapter 22 of the 1976 Code is amended to
read:
"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. "TAC"
means the Technology 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.
(22) "Approved engineering curriculum"
means an engineering program of four or more years determined by
the board to be substantially equivalent to that of an EAC/ABET
accredited curriculum.
(23) "Private practitioner" means a person who
individually holds himself out to the general public as able to
perform, or who individually does perform, the independent practice
of engineering or land surveying.
(24) "Private practice organization" means a
proprietorship, partnership, corporation, professional corporation, or
similar entity through which the practice of engineering or land
surveying would require a certificate of authorization as prescribed
in this chapter.
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 Director of the
Department of Labor, Licensing, and Regulation, pursuant to Section
40-73-15, may employ clerical or other assistants as necessary for
carrying out the duties of this chapter.
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. (A) To be eligible for
registration as a Category A professional engineer, an applicant must
be of good character and reputation. When the evidence presented in
the application does not appear conclusive to the board or does not
warrant the issuing of a certificate of registration, the applicant may
be required to present further evidence for consideration by the
board. The applicant also shall meet the requirements of the other
pertinent sections of this chapter.
(B) The minimum evidence satisfactory to the board that
an applicant is qualified for registration as a Category 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 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
examinations required by the board;
(2) graduation from an approved engineering curriculum
from a school or college other than those approved by the board in
item (1), 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 a written examination designed to show
knowledge and skill approximating that attained through graduation
in an EAC/ABET accredited four-year engineering curriculum, and
then passing the written examinations required of applicants in item
(1); or
(3) graduation in a TAC/ABET accredited engineering
technology curriculum of four or more years from a school or college
approved by the board as being in satisfactory standing, supplemental
post graduate studies in approved engineering science courses
sufficient to equate the applicant's cumulative program of formal
engineering study as being substantially equivalent to an EAC/ABET
accredited program, a specific record after graduation of eight or
more years of experience in engineering work of a character
satisfactory to the board and which indicates that the applicant is
competent to practice engineering, passing a written examination
designed to show knowledge and skill approximating that attained
through graduation in an EAC/ABET accredited four-year
engineering curriculum, and then passing the written examination
required of applicants in item (1).
(C) A Category A professional engineer license holder is
entitled to the unrestricted practice of engineering.
Section 40-22-195. (A) To be eligible for
registration as a Category B associate professional engineer an
applicant must be of good character and reputation. If the evidence
presented in the application does not appear conclusive to the board
or does not warrant the issuing of a certificate of registration, the
applicant may be required to present further evidence for
consideration by the board. The applicant also shall meet the
requirements of the other pertinent sections of this chapter.
(B) The minimum evidence satisfactory to the board that
an applicant is qualified for registration as a Category B associate
professional engineer is graduation in a TAC/ABET accredited
engineering technology 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 eight or more years of
experience in engineering work of a character satisfactory to the
board, and passing a written examination as required by the board.
(C) A Category B professional engineer license holder has
the same practice privileges as a Category A license holder, except
that holders of the Category B license may not assume direct
responsibility, direct supervisory control, or responsible charge for
engineering work as an independent private practitioner, or for
engineering work provided by a private practice organization.
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 curriculum from
a school or college other than those approved by the board in item
(1), or graduation in a TAC/ABET accredited engineering technology
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 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). Upon graduation an applicant qualifying under
this item may take the written examination as required by the board;
however, the applicant may be certified as an engineer-in-training
only after having first attained four years of progressive experience
in engineering work of a character satisfactory to the board.
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
40-22-10(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 surveyors
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; these 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; these 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 reexamination at the next examination
date and must be reexamined with payment of an additional fee
sufficient to cover the cost of reexamination to be determined by the
board by 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. (A) A certified professional
engineer and a professional land surveyor registered under this
chapter who decides to continue the practice of the profession
annually during the month of June shall 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 a renewal
registration card for the ensuing registration year must be issued.
(B) 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.
(C) 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, shall 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.
(D) The board may promulgate regulations that as a
condition of renewal or re-registration a registered professional
engineer must demonstrate continuing professional competency in
engineering and a registered professional land surveyor must
demonstrate continuing professional competency in land surveying.
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". The seal also shall bear evidence of the license
category for professional engineers and the tier designation for
professional land surveyors.
(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.
(7) practicing in a registration category or tier for which the
registrant has not been licensed by the board.
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
common 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 an
administrative law judge as provided under Article 5 of Chapter 23
of Title 1.
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 to an administrative law judge as provided under Article 5 of
Chapter 23 of Title 1 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 deeds 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 40-22-470. Except where inappropriate,
regulations promulgated pursuant to Chapter 21, Title 40 of the 1976
Code are considered to be promulgated pursuant to Chapter 22, Title
40 of the 1976 Code as added by this act.
Section 40-22-5. Unless otherwise provided for in this
chapter, Article 1, Chapter 1 of Title 40 applies to those professions
of engineering and land surveying regulated by the Department of
Labor, Licensing and Regulation. If there is a conflict between this
chapter and Article 1, Chapter 1 of Title 40, the provisions of this
chapter control.
Section 40-22-10. (A) There is created the South Carolina State
Board of Registration for Professional Engineers and Land Surveyors
under the administration of the Department of Labor, Licensing and
Regulation. The purpose of the board is to protect the health, safety,
and welfare of the public by ensuring that only properly qualified and
competent engineers and land surveyors are licensed to practice, by
promoting technical competency and ethical standards consistent with
the Rules of Professional Conduct applicable to engineers and land
surveyors, and by appropriately disciplining those found in violation
of laws governing engineering and land surveying.
(B) The board shall consist of eight members appointed by the
Governor. Five members must be professional engineers; two
professional land surveyors, at least one of whom must be actively
engaged in the practice of land surveying; and one from the general
public appointed in accordance with Section 40-22-40. Members of
the board shall serve for terms of five years and until their successors
are appointed and qualify. 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.
(C)(1) Each engineering member of the board must be a citizen of
the United States and a resident of South Carolina, 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.
(2) 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.
(3) 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.
(D) Board members must be compensated for their services at the
usual rate for mileage, subsistence, and per diem as provided by law
for members of state boards, committees, and commissions and may
be reimbursed for actual and necessary expenses incurred in
connection with and as a result of their work as members of the
board.
(E) The Governor may remove a member of the board pursuant to
Section 1-3-240. Vacancies on the board must be filled for the
unexpired term in the manner of the original appointment.
(F)(1) The board shall elect or appoint annually a chairman, a
vice-chairman, and a secretary.
(2) The board shall meet at least two times a year and at other
times upon the call of the chairman or a majority of the board.
(3) A simple majority of the members of the board eligible to
vote constitutes a quorum; however, if there is a vacancy on the
board, a majority of the members serving constitutes a quorum.
(4) A board member is required to attend meetings or to provide
proper notice and justification of inability to do so. Unexcused
absences from meetings may result in removal from the board as
provided for in Section 1-3-240.
(G) Neither the board nor any of its members, agents, or
department employees are liable for acts performed in good faith
during the course of their official duties.
Section 40-22-20. As used in this chapter:
(1) 'ABET' means the Accreditation Board for Engineering and
Technology. 'EAC' means the Engineering Accreditation
Commission of ABET. 'TAC' means the Technology Accreditation
Commission of ABET.
(2) 'Approved Engineering Curriculum' means an engineering
program of four or more years determined by the board to be
substantially equivalent to that of an EAC/ABET accredited
curriculum.
(3) 'Associate Professional Engineer' means a Category B license
holder who is qualified to practice within the profession of
engineering in the manner defined in this chapter and as attested by
his recognition and registration as an associate professional engineer
in this State.
(4) 'Board' means the South Carolina State Board of Registration
for Professional Engineers and Land Surveyors created pursuant to
this chapter.
(5) '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.
(6) 'Current Certificate of Registration' means a license to practice
which has not expired or has not been revoked and which has not
been suspended or otherwise restricted by the board.
(7) 'Department' means the Department of Labor, Licensing and
Regulation.
(8) 'Design coordination' includes the review and coordination of
those technical submissions prepared by others, including as
appropriate and without limitation, consulting engineers, architects,
landscape architects, land surveyors, and other professionals working
under the direction of the engineer.
(9) 'Direct Responsibility', 'Direct Supervisory Control', 'Direct
Supervision', 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.
(10) 'Engineer' means a professional engineer as defined in this
section.
(11) 'Engineering surveys' include all minor survey activities
required to support the sound conception, planning, design,
construction, maintenance, operation, and investigation of engineered
projects but exclude the surveying of real property for the
establishment of land boundaries, rights-of-way, and easements and
the independent surveys or resurveys of general land masses.
(12) 'Engineer-in-Training' means a person who has qualified for
and passed the Fundamentals of Engineering examination as provided
in this chapter and is entitled to receive a certificate as an
engineer-in-training.
(13) 'Firm' means a business entity functioning as a sole
proprietorship, partnership, limited liability partnership, professional
association, professional corporation, business corporation, limited
liability company, joint venture, or other legally constituted
organization which practices or offers to practice engineering or land
surveying or both.
(14) '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.
(15) 'Good Character' refers to a person of good moral character and
one who has not been convicted of a violent crime, as defined in
Section 16-1-60, or a crime of moral turpitude.
(16) '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.
(17) '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 to properly perform the duties undertaken.
(18) 'Land Surveyor-in-Training' means a person who has qualified
for and passed the Fundamentals of Land Surveying examination as
provided in this chapter and is entitled to receive a certificate as a
land surveyor-in-training.
(19) 'Licensed' means authorized by this board, pursuant to the
statutory powers delegated by the State to this board, to engage in the
practice of engineering, or land surveying, or engineering and land
surveying, as evidenced by the board's certificate issued to the
registered license holder.
(20) 'Misconduct' means the violation of a provision of this chapter
or of a regulation promulgated by the board pursuant to this chapter.
(21) 'Practice of engineering' means any service or creative work,
the adequate performance of which requires engineering education,
training, and experience in the application of special knowledge of
the mathematical, physical, and engineering sciences to such services
or creative work as consultation, investigation, expert technical
testimony, evaluation, planning, design and design coordination of
engineering works and systems, planning the use of land and water,
performing engineering surveys and studies and the review of
construction for the purpose of monitoring compliance with drawings
and specifications; any of which embraces such services or work,
either public or private, in connection with any utilities, structures,
buildings, machines, equipment, processes, work systems projects,
and industrial or consumer products or equipment of a control
systems, communications, mechanical, electrical, hydraulic,
pneumatic, or thermal nature, insofar as they involve safeguarding
life, health, or property, and including such other professional
services as may be necessary to the planning, progress, and
completion of any engineering services. The mere execution, as a
contractor, of work designed by a professional engineer or
supervision of the construction of such work as a foreman or
superintendent is not considered the practice of engineering. A
person must be 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; or
(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 that he is licensed under this chapter; 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 which is recognized as engineering.
(22) 'Practice of TIER A Land Surveying' means providing
professional services including, but not limited to, 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 land
surveying includes, but is not limited to, one or more of the
following:
(a) locates, relocates, establishes, re-establishes, lays out, or
retraces any property line or boundary of any tract of land or any
road, right-of-way, easement, alignment, or elevation of any of fixed
works embraced within the practice of land surveying;
(b) makes any survey for the subdivision of any tract of land;
(c) determines, by the use of principles of land surveying, the
position for any survey monument or reference point; or sets, resets,
or replaces any such monument or reference point;
(d) determines the configuration or contour of the earth's surface
or the position of fixed objects thereon by measuring lines and angles
and applying the principles of mathematics or photogrammetry
(effective July 1, 2003);
(e) conducts geodetic surveying which includes surveying for
determination of the size and shape of the earth utilizing angular and
linear measurements through spatially oriented spherical geometry;
or
(f) creates, prepares, or modifies electronic or computerized
data including land formation systems and geographic information
systems relative to the performance of the activities described in
subitems (a) through (e).
(23) '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.
(24) 'Private Practice Firm' means a firm as defined herein through
which the practice of engineering or land surveying would require a
certificate of authorization as described in this chapter.
(25) 'Private Practitioner' means a person who individually holds
himself out to the general public as able to perform, or who
individually does perform, the independent practice of engineering
or land surveying.
(26) 'Professional Engineer' means a Category A license holder
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 license and registration as a
professional engineer in this State.
(27)'Professional Land Surveyor' means a person who is qualified
to practice TIER A or TIER B land surveying in this State, as defined
in this section and as attested by his legal license and registration as
a TIER A or TIER B professional land surveyor in this State.
(28) 'Professions of Architecture, Landscape Architecture, and
Geology' mean those specified professions as defined by the laws of
this State and applicable regulations.
(29) 'Registered' means the engineer or land surveyor is licensed
and registered in the State.
(30) '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.
Section 40-22-30. (A) In addition to those penalties provided for
in Section 40-1-200 and in order to safeguard life, health, and
property and to promote the public welfare, it is unlawful for a:
(1) person in a public or private capacity to practice or offer to
practice engineering or land surveying without being licensed
pursuant to this chapter;
(2) person 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 professional land
surveyor unless the person is licensed and registered pursuant to this
chapter;
(3) firm in a public or private capacity to practice or offer to
practice engineering or land surveying without being licensed and
holding a valid authorization to practice, as provided in Section
40-22-250;
(4) person or firm to knowingly submit false information to the
board for the purpose of obtaining licensure.
(B) A violation of this section is punishable pursuant to Section
40-22-200.
Section 40-22-40. A board member candidate from the general
public may be nominated by an individual, group, or association.
The public member must be appointed to the board by the Governor
in accordance with Section 40-1-45.
Section 40-22-50. (A) The Department of Labor, Licensing and
Regulation shall provide all administrative, fiscal, investigative,
inspectional, clerical, secretarial, and license renewal operations and
activities of the board.
(B) The board shall promulgate examination, licensing, and
registration fees for professional engineers, engineers-in-training,
professional land surveyors, land surveyors-in-training, and
registration for firms in regulation. If the board denies the issuance
of a license to an applicant, once the processing of his application has
commenced, the fee deposited must be retained as an application fee.
(C) The board shall keep a record of its proceedings, a register of
all applications for individual licenses, and a register of all
applications for certificates of authorization. The records of the
board are prima facie evidence of the proceedings of the board set
forth in the record. A transcript of the proceedings, certified by the
administrator or the director under seal, is admissible in evidence
with the same force and effect as the original.
(1) For professional licensure applications, the register shall
state:
(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) the applicant's educational and other qualifications;
(e) whether or not an examination was required;
(f) whether the applicant was rejected;
(g) whether a license to practice 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 state:
(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.
(D) Annually the board shall prepare a roster or supplements to the
roster containing the current names and places of business of all
professional engineers and all professional land surveyors. The roster
and supplements to the roster 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 40-22-60. The board may adopt rules governing its
proceedings and may promulgate regulations necessary to carry out
the provisions of this chapter. The board shall adopt and have an
official seal.
Section 40-22-70. In addition to the powers and duties provided in
this chapter, the board has those powers and duties set forth in
Section 40-1-70.
Section 40-22-80. (A) If the board or the Director of the
Department of Labor, Licensing and Regulation has reason to believe
that a person has violated a provision of this chapter or a regulation
promulgated under this chapter or if a person files a written
complaint with the board or the Director of the Department of Labor,
Licensing and Regulation charging a person or a business with a
violation of a provision of this chapter or a regulation promulgated
under this chapter, the board may initiate an investigation.
(B) In accordance with Section 40-1-80, the board, under the hand
of its chairman and the seal of the board, may issue subpoenas to
compel the attendance of witnesses and the production of documents
and also may administer oaths, take testimony, hear proofs, and
receive exhibits in evidence for all purposes required in the discharge
of duties under this chapter. Upon failure to obey a subpoena or to
answer questions propounded by the board, the board may apply to
an administrative law judge for an order requiring the person to
comply.
(C) A person may prefer charges of fraud, deceit, gross negligence,
incompetency, or misconduct against a registrant and charges of
unlicensed practice against non-registrants. The charges must be in
writing, supported by affidavit of specific wrongdoing, and filed with
the chairman 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.
(D) The board may not consider charges in a matter that would
otherwise be precluded by prevailing statutes of limitation or repose.
Section 40-22-90. (A) The results of an investigation must be
presented to the board. If from these results it appears that a violation
has occurred or that a licensee has become unfit to practice
engineering or land surveying, the board, in accordance with the
Administrative Procedures Act, may take disciplinary action
authorized by Section 40-1-120.
(B) No disciplinary action may be taken unless the matter is
presented to and voted upon by the board.
(C) The board may designate a hearing officer or hearing panel to
conduct hearings or take other action as may be necessary under
Section 40-1-90.
(D) If in the judgment of the board a hearing is warranted, the
charges may be processed as provided for by the Administrative
Procedures Act.
(1) 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
serviced or served by certified mail, return receipt requested, at the
last known address of the accused at least thirty days before the
scheduled hearing date.
(2) 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.
Section 40-22-100. (A) As provided for in Section 40-1-100,
when the board has reason to believe that a person is violating or
intends to violate a provision of this chapter or a regulation
promulgated under this chapter, in addition to all other remedies, it
may order the person immediately to cease and desist from engaging
in the conduct. If a person is practicing engineering and or land
surveying without being licensed under this chapter, is violating a
board order or a provision of this chapter or a regulation promulgated
under this chapter, the board also may apply to an administrative law
judge for a temporary restraining order, in accordance with the rules
of the Administrative Law Judge Division.
(B) No board member or director of the department or other
employee of the department may be held liable for damages resulting
from a wrongful temporary restraining order issued pursuant to
Section 40-1-100.
Section 40-22-110. (A) The board may seek administrative fines,
pursuant to Section 40-1-120 or seek criminal penalties against a
person or firm found guilty of unlicensed practice of engineering or
land surveying. In addition to the grounds provided for in Section
40-1-110, the board may cancel, suspend, refuse, revoke, or restrict
a license as well as reprimand, fine, or require re-examination of an
individual who is found guilty 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;
(3) a felony or misdemeanor which, in the judgement 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 or a regulation promulgated pursuant to this chapter;
(5) a violation of this chapter or a regulation promulgated by the
board; and
(6) practicing in a registration category or tier for which the
registrant has not been licensed by the board.
(B) The license of a person adjudged mentally incompetent is
deemed automatically suspended upon the adjudication until the
person is adjudged as being restored to mental competency by a court
of competent jurisdiction or in any other manner provided by law.
Section 40-22-115. The board has jurisdiction over practice
undertaken by nonlicensed individuals, and the actions committed or
omitted by current and former licensees during the entire period of
licensure. The board has jurisdiction to act on any matter which
arises during the practice authorization period of licensed
practitioners as provided for in Section 40-1-115.
Section 40-22-120. (A) If a majority of the board sustains the
charges against the offending party, the board may levy a civil fine,
as well as reprimand, suspend, refuse licensure, require
requalification or revoke the certificate of registration, as appropriate.
(B) The board may require the offending party to pay a fine of not
more than two thousand dollars to the board for each violation of a
provision of this chapter or a regulation promulgated by the board;
however, the total of the fines imposed for these violations may not
exceed ten thousand dollars.
(C) A final order of the board disciplining a licensee under this
chapter is public information in accordance with Section
40-1-120(C).
Section 40-22-130. As provided for in Section 40-1-130, the
board may deny licensure to an applicant based on the same grounds
for which the board may take disciplinary action against a licensee.
Section 40-22-140. As provided for in Section 40-1-140, a license
may not be denied solely based on a person's prior criminal record.
Section 40-22-150. A licensee under investigation for a violation
of this chapter or a regulation promulgated under this chapter may
voluntarily surrender the license to practice in accordance with and
subject to the provisions of Section 40-1-150.
Section 40-22-160. A person aggrieved by a final action of the
board may seek review of the decision to the Administrative Law
Judge Division in accordance with Section 40-1-160.
Section 40-22-170. A person found in violation of this chapter or
regulations promulgated under this chapter may be required to pay
costs associated with the investigation and prosecution of the case in
accordance with Section 40-1-170.
Section 40-22-180. (A) All fines must be remitted by the board
to the State Treasurer and deposited in a special fund from which the
board and the department must be reimbursed for the administrative
costs for each case upon the approval of the State Treasurer.
(B) 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.
(C) 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
common 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).
(D) No registrant against whom a fine is levied is eligible for
reinstatement until the fine has been paid in full.
Section 40-22-190. To the extent provided in Section 40-1-190,
investigations and proceedings conducted under this chapter are
confidential and all communications are privileged. Not
withstanding the provisions of this section, a final order of the board
disciplining a licensee is public information as provided for in
Section 40-1-120(C).
Section 40-22-200. A person who violates a provision of this
chapter or a regulation promulgated pursuant to this chapter or who
commits any of the following violations is guilty of a misdemeanor
and, upon conviction, must be imprisoned for not more than six
months or fined not less than five hundred dollars and not more than
two thousand dollars for each violation, or both; however, the total
imposed for these violations may not exceed ten thousand dollars:
(1) practices or offers to practice engineering or land surveying in
this State without being registered in accordance with this chapter;
(2) presents or attempts to use as his own the certificate of
registration or the seal of another;
(3) 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) falsely impersonates another registrant of like or different
name;
(5) attempts to use an expired or revoked certificate of registration.
Section 40-22-210. To enforce this chapter or to restrain a
violation of this chapter, the department, on behalf of the board, may
petition an administrative law judge for an injunction in the name of
the State as provided generally in civil cases. In these proceedings:
(1) It is not necessary to establish the absence of an adequate
remedy of 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 40-22-220. (A) A person having the necessary
qualifications prescribed in this chapter to entitle him to registration,
is eligible for licensure, although he may not be practicing his
profession at the time he applies. The Category A professional
engineer (P.E.) license holder is entitled to the unrestricted practice
of engineering. The Category B associate professional engineer
license holder has the same practice privileges as a Category A
license holder, except that holders of the Category B license may not
assume direct responsibility, direct supervisory control, or
responsible charge for engineering work as an independent private
practitioner or for engineering work provided by a private practice
firm. Both categories must be certified as an engineer-in-training as
a prerequisite to licensure.
(B) To be eligible for certification as an engineer-in-training, an
applicant must be of good character and reputation and be able to
effectively communicate in the English language. 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 curriculum from a
school or college approved by the board as being in satisfactory
standing other than those in item (1), or graduation in a TAC/ABET
accredited engineering technology 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 four or
more years of progressive 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). Upon graduation an applicant qualifying under
this item may take the written examination as required by the board;
however, the applicant may be certified as an engineer-in-training
only after having first attained four years of progressive experience
in engineering work of a character satisfactory to the board.
(C) To be eligible for licensure and registration as a Category A
professional engineer, an applicant must be of good character and
reputation and be able to effectively communicate in the English
language. When the evidence presented in the application does not
appear conclusive to the board or does not warrant the issuing of a
license, the applicant may be required to present further evidence for
consideration by the board. The applicant also shall meet the
requirements of the other pertinent sections of this chapter.
The minimum evidence satisfactory to the board that an applicant
is qualified for licensure as a Category A professional engineer 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, 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 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
examinations required by the board; or
(2) graduation from an approved engineering curriculum from
a school or college approved by the board as being in satisfactory
standing other than those in item (1), a specific record after
graduation of eight 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, passing a
written examination designed to show knowledge and skill
approximating that attained through graduation in an EAC/ABET
accredited four-year engineering curriculum, and then passing the
written examinations required of applicants in item (1); or
(3) graduation in a TAC/ABET accredited engineering
technology curriculum of four or more years from a school or college
approved by the board as being in satisfactory standing, supplemental
post graduate studies in approved engineering science courses
sufficient to equate the applicant's cumulative program of formal
engineering study as being substantially equivalent to an EAC/ABET
accredited program, a specific record after graduation of eight or
more years of progressive experience in engineering work of a
character satisfactory to the board and which indicates that the
applicant is competent to practice engineering, passing a written
examination designed to show knowledge and skill approximating
that attained through graduation in an EAC/ABET accredited
four-year engineering curriculum, and then passing the written
examination required of applicants in item (1).
(D) To be eligible for licensure and registration as a Category B
associate professional engineer, an applicant must be of good
character and reputation and be able to effectively communicate in
the English language. If the evidence presented in the application
does not appear conclusive to the board or does not warrant the
issuing of a license, the applicant may be required to present further
evidence for consideration by the board. The applicant also shall
meet the requirements of the other pertinent sections of this chapter.
The minimum evidence satisfactory to the board that an applicant
is qualified for licensure and registration as a Category B associate
professional engineer is graduation in a TAC/ABET accredited
engineering technology 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 eight or more years of
experience in engineering work of a character satisfactory to the
board, and passing a written examination as required by the board.
Section 40-22-225. (A) A person having the necessary
qualifications prescribed in this chapter to entitle him for a license,
is eligible for licensure although he may not be practicing in his
profession at the time he applies.
(B) To be eligible for certification as a land surveyor-in-training,
an applicant must be of good character and reputation and be able to
effectively communicate in the English language. 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 certification as a land surveyor-in-training is:
(1) graduation from a school or college of four or more years
with a board-approved 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 and mapping courses satisfactory to the
board, 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 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 a TAC/ABET Commission accredited
curriculum of engineering technology, land surveying, or a
substantially equivalent program, 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 three years or more of progressive practical experience of a
character satisfactory to the board and performed under a practicing
professional land surveyor, and has passed the written examinations
in the Fundamentals of Land Surveying as prescribed by the board.
(C) To be eligible for licensure and registration as a professional
land surveyor, an applicant must be of good character and reputation
and be able to effectively communicate in the English language.
When the evidence presented in the application does not appear to the
board conclusive or does not 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 licensure as a TIER A Professional Land Surveyor is:
(1) graduation from a school or college of four or more years
with a board-approved 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
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 a TAC/ABET Commission accredited
curriculum of engineering technology, land surveying or a
substantially equivalent program, 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 four or more years of progressive practical experience of a
character satisfactory to the board and performed under a practicing
professional land surveyor, and passing of the Land
Surveyor-in-Training Fundamentals of Land Surveying Examinations
and the written examinations in the Principles and Practices of TIER
A Land Surveying as prescribed by the board.
(D) To be eligible for licensure and registration as a professional
land surveyor TIER B an applicant must be of good character and
reputation and be able to effectively communicate in the English
language. The minimum evidence satisfactory to the board that an
applicant is qualified for licensure as a TIER B Professional Land
Surveyor is:
(1) graduation from a school or college of four or more years
with a board-approved 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
examinations in the Principles and Practices of TIER A and TIER B
Land Surveying as prescribed by the board.
(2) Persons registered as both Professional Land Surveyor and
Professional Engineer are classified TIER B Professional Land
Surveyors.
Section 40-22-230. (A) Applications for licensure 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 licensure must contain no
fewer than five references of whom three or more are licensed
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; these comments must be confidential and
privileged information for use only by the board.
(2) The application for land surveying licensure must contain no
fewer than five references of whom three or more must be licensed
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; these comments must be
confidential and privileged information for use only by the board.
(B) When 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 licensure separately in engineering and land surveying.
(C) 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 such examinations as the board
considers necessary to establish that his qualifications meet the
requirements of this chapter and the regulations promulgated by the
board; however, a land surveying applicant must pass a written
examination including questions of law, procedures, and practices
pertaining to the practice of land surveying in this State.
(D) A candidate who has failed 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 in regulation. A
candidate for licensure 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 better prepare 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.
(E) 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 appropriate practice category 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. A
certificate of registration must state 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.
(F) The issuance of a certificate of registration by the board is
prima facie evidence that the person is licensed and is entitled to all
the rights and privileges of a professional engineer or of a
professional land surveyor while the license remains unrevoked or
unexpired.
(G) The board, for sufficient reason, may reissue a certificate of
registration to a person whose license 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 revoked license or a certificate
which has become lost, destroyed, or mutilated may be issued,
subject to the rules of the board, and a charge to be determined by the
board in regulation must be made for the issuance.
Section 40-22-240. (A)(1) Every professional engineer and
professional land surveyor licensed under 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 in regulation,
for which fee a renewal registration card for the ensuing registration
year must be issued.
(2) The board shall assess a late renewal penalty of twenty
percent of the annual renewal fee against those persons who do not
renew their license 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. A person not renewing his license within three months
following the annual renewal date shall file a new application
accompanied by the required application fee or, if he is in a position
to do so, file a notarized affidavit with the board certifying that he has
not been engaged in the practice of engineering or land surveying in
South Carolina during the period his license was not in a current
condition, accompanied by the total amount of unpaid renewal fees
and penalties.
(3) An individual whose license 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 unlicensed person
and, at the board's discretion, may be required to pass a written
examination as a condition of relicensing.
(B) The board may promulgate regulations that as a condition of
renewal or relicensure, a professional engineer must demonstrate
continuing professional competency in engineering and a
professional land surveyor must demonstrate continuing professional
competency in land surveying.
Section 40-22-250. (A) The practice or offer to practice, of
professional engineering or land surveying through a firm is
permitted only through entities holding a valid certificate of
authorization issued by the board. For the purposes of this section a
certificate of authorization is also required for a firm practicing in this
State under a fictitious name. However, when an individual is
practicing engineering or land surveying in his name as individually
licensed, that person is not required to obtain a certificate of
authorization.
Nothing in this subsection may be construed to mean that a license
or a certificate of registration to practice engineering or land
surveying may be held by a firm.
(B) The practice or offer to practice of engineering and land
surveying by individual professional engineers or professional land
surveyors licensed under this chapter through a firm offering
engineering services or land surveying services to the public 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
other firms, are designated as being responsible for the professional
services regulated by this board and are licensed under this chapter;
(2) all personnel of the firm who act on behalf of the firm as
professional engineers or land surveyors in this State are licensed
under this chapter; and
(3) the firm has been issued a certificate of authorization by the
board as required by this section.
(C) Before the issuance of a certificate of authorization, the board
must be in receipt of the firm's appropriate documentation issued 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 in 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 in regulation.
Information to be provided on the application and renewal forms
shall include the names and addresses of all officers and directors of
the firm, or officers and partners of the partnership licensed to
practice engineering or land surveying in this State, including those
in responsible charge of branch offices providing services in this
State.
(E) Disciplinary action against a firm must be administered in the
same manner and on the same grounds as disciplinary action against
an individual. No firm is relieved of responsibility for conduct or
acts of its agents, officers, or employees by reason of its compliance
with this section, and an individual practicing engineering or land
surveying is not relieved of responsibility for professional services
performed by reason of his employment or relationship with the firm.
(F) Nothing in this section may be construed to prohibit firms 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 firm, and the firm may contract
for and collect fees for professional engineering and or 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 firm aggrieved by an adverse determination of the board
may file an appeal as provided for in this chapter.
Section 40-22-260. (A) Upon application to and approval by the
board and payment of the fee provided in regulation, the board shall
grant a temporary license for engineering 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 is a nonresident
having no established place of business in this State, who meets the
qualification requirements for licensure in this State and who holds
a valid license to practice in another state. A registrant may not
renew a temporary certificate at its expiration date and may not apply
for temporary licensure in connection with more than one specific
project in any three-year period.
(B)(1) Upon approval by the board and payment of the fee
provided in 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.
(2) This temporary certificate may be granted only to an
out-of-state firm if at least one of the principal officers of the firm is
licensed under this chapter or has obtained a temporary registration
license as provided by this chapter.
(3) 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.
(C) Professional engineers and professional land surveyors
engaged in practice through firms may maintain branch offices in
addition to a principal place of business. Each principal place of
business as well as each branch office providing services in this State
must have a resident professional engineer in responsible charge of
engineering work or a resident professional land surveyor in
responsible charge of the field and office surveying work provided.
A professional engineer must supervise the engineering activities of
each branch office and a professional land surveyor must supervise
the land surveying activities of each branch office. The resident
professional engineer or resident professional land surveyor is
considered in residence in only one place of business at a given time.
(D) For purposes of this subsection, 'engaged in practice' means
holding oneself out generally to the public as qualified and available
to perform engineering or land surveying services.
Section 40-22-270. Each registrant and each firm practicing
under a certificate of authorization shall obtain a seal of the design
authorized by the board and must comply with the following:
(1) Individual seals must be under the personal custody and
control of the registrant and bear the registrant's name, registration
license number, and the legend 'Professional Engineer' or
'Professional Land Surveyor' except for licenses issued before July 1,
2000, which may have the legend 'Registered Professional Engineer'
or 'Registered Land Surveyor'. The seal also shall bear evidence of
the license category for professional engineers and the tier
designation for professional land surveyors.
(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 to seal documents with a seal after the certificate
of the registrant or the certificate of authorization in the case of firms
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 affix his 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.
(7) The clerk of court or the register of mesne conveyances 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.
(8) 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 that 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 a provision of this
chapter or a regulation promulgated pursuant to this chapter relating
to the unlicensed practice of engineering.
Section 40-22-280. (A) This chapter may not be construed to
prevent or to affect:
(1) the practice of any other regulated legally recognized
profession or trade where the practice of the profession or trade may
legitimately overlap the professions regulated by this chapter;
(2) the work of an employee or other subordinate of a person
holding a certificate of registration under this chapter;
(3) the engineering or land surveying work of regular
employees of the government of the United States officially
performing their duties for their employer on federal lands within this
State, in the practice of engineering or land surveying for the
government and where specified by federal statute. This exemption
is not applicable to state, county, or municipal employees;
(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; and
(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, educational, hazardous, and institutional occupancies as
defined by the Standard Building Code regardless of area are not
exempt from the provisions of this chapter; and
(3) alterations to a building to which this chapter does not
apply, if the alterations do not result in a change which would
otherwise place the building under the application of this chapter.
(C) This subsection may not be construed to prejudice a law,
ordinance, regulation, or other directive 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 40-22-290. The board shall promulgate regulations for
the practice of engineering in this State by engineers and engineering
firms located in foreign countries. In promulgating these regulations,
the board must consider requirements prescribed by this chapter and
other requirements as may be reasonably necessary to protect
consumers of engineering services provided by cross-border
practitioners.
Section 40-22-300. Except where inappropriate, regulations
promulgated pursuant to Chapter 21, Title 40 of the 1976 Code are
considered to be promulgated pursuant to Chapter 22, Title 40 of the
1976 Code as added by this act.
Section 40-22-310. If a provision of this chapter or the
application of a provision to a person or circumstance is held invalid,
the invalidity does not affect other provisions or applications of this
chapter which can be given effect without the invalid provision or
application, and to this end the provisions of this chapter are
severable as provided in Section 40-1-220."
SECTION 2. This act takes effect upon approval by the Governor.
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