RULE 044.00.09-001 - Board Rules

RULE 044.00.09-001. Board Rules

RULES OF THE BOARD

(Adopted September 15, 2009)

ARTICLE 1. GENERAL PROVISIONS

A. Practice of Engineering

In order to safeguard life, health and property and to promote the public welfare, the practice of engineering in the State of Arkansas is subject to regulation. It shall be unlawful for any person to practice, or to offer to practice engineering in this state, as defined in the provisions of A.C.A, 17-30-101et seq., and the Administrative Procedure Act, A.C.A. 25-15-101et seq., or to assume, advertise, or use his name and title or description tending to convey the impression that he is an engineer unless such person has been duly licensed under the provisions of these statutes. The Practice of Engineering shall be deemed a privilege granted by the State through the Licensing Board based on the qualifications of the individual as evidenced by their certificate of licensure, which shall not be transferable.

B. Practice of Surveying

In order to safeguard life, health and property and to promote the public welfare, the practice of surveying in the State of Arkansas is subject to regulation. It shall be unlawful for any person to practice, or to offer to practice, surveying in this state, as defined in the provisions of A.C.A. 17-48-101 ef. seq., and the Arkansas Administrative Procedure Act, A.C.A. 25-15-101et. seq, or to assume, advertise, or use his name, and title or description tending to convey the impression that he is a surveyor unless such person has been duly licensed under these statutes. The Practice of Surveying shall be deemed a privilege granted by the State through the Licensing Board based on the qualifications of the individual as evidenced by their certificate of licensure, which shall not be transferable.

ARTICLE 2. DEFINITIONS

A. Board The term "Board" shall mean the Arkansas State Board of Licensure for Professional Engineers and Professional Surveyors.

B. Professional Engineer The term "professional engineer" shall mean a person who has been duly licensed as a Professional Engineer by the Board.

C. Engineer Intern The term "engineer intern" shall mean a person who complies with the requirements in education and character, who has passed an eight (8) hour National Council of Examiners for Engineering and Surveying (NCEES) Fundamentals of Engineering examination, and has been duly certified by the Board.

D. practice of Engineering

(1) The term "practice of engineering" shall mean any service or creative work, the adequate performance of which requires engineering education and experience in the application of special knowledge in the mathematical, physical, and engineering sciences to such services or creative work as consultation, investigation, evaluation, planning and design of engineering works and systems relating to the use of air, land, and waters; municipal and regional planning; forensic services; teaching of junior level or above engineering subjects or courses related thereto; engineering surveys, and the observation of construction for the purpose of assuring compliance with drawings and specifications; any of which embraces such service or work, either public or private, in connection with any utilities, structures, buildings, machines, equipment, processes, work systems, or projects, including such architectural services as is incidental to the practice of engineering.

(2) Except as provided in (3) below, a person shall be construed to practice or offer to practice engineering who practices in any branch of engineering; or who, by verbal claim, sign, advertisement, letterhead, card or In any other way, represents himself to be an engineer; or who through the use of some other title implies that he is an engineer or that he is licensed by the Board; or who holds himself out as able to perform or does perform any engineering service or work which is recognized as engineering, but such definition shall not include persons who operate or maintain machinery or equipment. The practice of engineering shall not Include the act of measuring land, drawing or reading plans or other work normally done by mechanics, technicians, draftsmen or licensed surveyors.

(3) A person who is a licensed engineer in another jurisdiction shall not be considered to be offering to practice engineering when soliciting work by any of the following means:

a. Advertising in publications or electronic media, provided there is no holding out of professional services in jurisdictions where not licensed;

b. Responding to letters of inquiry regarding requests for proposals, provides there Is written disclosure that the engineer and firm are not licensed in this jurisdiction and the response is limited to inquiries regarding scope and to demonstrate interest;

c. Responding to letters of inquiry from prospective clients, provided there is written disclosure that the engineer and firm are not licensed in this jurisdiction and the response is limited to inquiries regarding scope of project and to demonstrate interest;

d. Submitting proposals to prospective clients in response to notices, inquiries or solicitations provided there is written disclosure that the engineer and firm are not licensed in this jurisdiction.

Regardless of the above, contracts may not be signed, or work commenced until the engineer and firm become licensed in this jurisdiction.

E. Professional Surveyor The term "professional surveyor" shall mean a person who, by reason of special knowledge of mathematics, surveying principles and methods, and legal requirements that are acquired by education or practical experience, is qualified to engage in the practice of land surveying and surveying measurement certification; and who has been duly licensed by the Board.

F. Surveyor Intern The term 'surveyor intern" shall mean a person who complies with the requirements in education, and/or experience and character who has passed an approved NCEES Fundamentals of Surveying examination and who has been duly certified by the Board.

G. Practice of Surveying Except as provided In 3. below, a person shall be construed to practice or offer to practice surveying who engages in surveying for others or who by verbal claim, sign, advertisement, letterhead, card or in any other way represents himself to be able to perform surveying or who through some other title implies that he is a professional surveyor or that he is licensed by this Board.

1. Land Surveying

The term "land surveying" shall mean any determination of the location of land boundaries or land boundary corners; the preparation of plats showing the shape and areas of tracts of land and their subdivision into smaller tracts; the preparation of plats showing the location of streets, roads, easements or right-of-ways of tracts to give access to smaller tracts; the preparation of official plats or maps of land boundaries within the State of Arkansas; and teaching of (and surveying. The term "land surveying" shall not include the measuring of acreage of timber, cotton, rice or other agricultural crops and/or surveying of irrigation levees.

2. Surveying Measurement Certification

a. Means providing the professional service of certification or sealing of maps, documents, digital files, or other data for the purpose of verifying that the maps, documents, digital files, or other data are authoritative professional determinations based upon accepted methods and principals of surveying measurements or analysis representing or listing the following types of surveying measurements:

1. The configuration or contour of the earth's surface or the position of fixed objects on the earth's surface;

2. The position or elevation of any survey boundary or control monument or reference point; and

3. The alignment or elevation of any fixed works embraced within the practice of professional engineering.

b. The term 'surveying measurement certification" shall not be construed to permit the preparation of engineering or architectural design documents or quantity payment documents.

3. Clarification to Offering to Practice Surveying

A person who is a licensed surveyor in another jurisdiction shall not be considered to be offering to practice surveying when soliciting work by any of the following means:

a. Advertising in publications or electronic media, provided there is no holding out of professional services in jurisdictions where not licensed;

b. Responding to letters of inquiry regarding requests for proposals, provides there is written disclosure that the surveyor and firm are not licensed in this jurisdiction and the response is limited to inquiries regarding scope and to demonstrate interest;

c. Responding to letters of inquiry from prospective clients, provided there is written disclosure that the surveyor and firm are not licensed in this jurisdiction and the response is limited to inquiries regarding scope of project and to demonstrate interest.

d. Submitting proposals to prospective clients in response to notices, inquiries or solicitations provided there is written disclosure that the surveyor and firm are not licensed in this Jurisdiction.

Regardless of the above, contracts may not be signed, or work commenced until the surveyor and firm become licensed in this jurisdiction.

H. Metadata The term "metadata" means a description of the content, ancestry and source, quantity, database schema, and accuracy of digital map data.

I. Responsible Charge The term "responsible charge" shall mean direct control, supervision of and legal responsibility for all engineering and surveying performed. This responsible charge shall be of such a nature that the client may reasonably presume that the licensed engineer or surveyor of the firm which he has employed is the provider of the professional services.

J. These rules shall not conflict with the Arkansas Architectural Act (A.C.A 17-15-101et.seq.)

K. NCEES The term "NCEES" shall mean the National Council of Examiners for Engineering and Surveying. It is composed of Boards from the U.S. and its territories. NCEES is the sole source for the engineering and surveying examinations. The Arkansas Board of Licensure for Professional Engineers & Professional Surveyors is a member of NCEES.

L. ELSES, LLC The terms "ELSES" or "ELSES, LLC" means an affiliate of NCEES or any successor organization chosen or designated by the Board for administering examinations.

ARTICLE 3. BOARD - ORGANIZATION AND MEETING

A. Regular meetings of the Board shall be held bi-monthly and at such other times and places as the Board may designate. The President may call special meetings when he deems necessary or upon the written request of three members of the Board.

B. The Board shall elect a President and Vice-President annually. An Executive Director shall be appointed by the Board and will serve also as Secretary-Treasurer of the Board.

C. Roberts Rules of Order Newly Revised and Arkansas Administrative Procedure Act shall govern the procedures of the Board.

D. The President shall be the executive head of the Board. He shall preside at meetings, appoint committees, and perform all the duties pertaining to the office of President.

E. The Vice-President shall exercise the duties and possess all the powers of the President in the absence or incapacity of the President.

F. The Executive Director, with the assistance of staff, shall:

1. Keep minutes of the Board;

2. Furnish a copy of all minutes to each member of the Board;

3. Send written notice of regular and special meetings of the Board not less than ten (10) days in advance thereof;

4. Examine each application for licensure prior to consideration by the Board;

5. Address inquiries to references to verify qualifications, experience, and character of applicants;

6. Make arrangements as required by the Board for examinations, interviews and hearings;

7. Report the results of every examination and other evidence of qualifications to the Board members;

8. Review and investigate, with the Complaint Committee, all complaints or alleged violations received by the Board;

9. Prepare and present required reports, budgets, and rosters as the Board may direct;

10. Keep all records;

11. Keep all funds and fiscal records;

12. Prepare official correspondence of the Board;

13. Perform all other duties prescribed by the statutes and the Rules of the Board; and

14. Perform all other duties normally associated with office administration.

G. Regular and special committees appointed by the President shall perform the duties assigned to them and shall present reports to the Board in a timely fashion as specified by the President.

ARTICLE 4. BOARD - POWERS

A. The Board shall have the power to adopt and amend all Rules consistent with Arkansas law, including the adoption and promulgation of the Rules of Professional Conduct, which shall be binding upon persons licensed under the statutes and the Rules of the Board.

B. The Board may subpoena witnesses and require the submission of books, papers, documents, or other pertinent data, when a violation of the statutes and/or the Rules of the Board is alleged. Upon failure or refusal to comply with any such order of the Board or upon failure to honor its subpoena, the Board may apply to a court of competent jurisdiction to enforce compliance.

C. In the name of the State of Arkansas, the Board is authorized to apply for relief by injunction in the established manner provided in cases of civil procedure, without bond, to enforce the provisions of the statutes and the Rules of the Board or to restrain any violation. In such proceedings, It shall not be necessary to allege or prove either that an adequate remedy at law does not exist or that substantial or irreparable damage would result from the continued violation. The members of the Board shall not be personally liable under these proceedings.

ARTICLE 5. RECEIPTS AND DISBURSEMENTS

A. The Executive Director of the Board shall receive and account for all money received under the provisions of the statutes and the Rules of the Board. These funds shall be deposited and paid out according to the directions of the Department of Finance and Administration. All funds in this account are specifically appropriated for the use of the Board by the General Assembly. The Executive Director shall receive such salary as the Board determines within the limits set forth by the General Assembly. The Board shall employ assistants required to properly perform its work and shall make expenditures from this account for any purpose which, in the opinion of the Board, is reasonably necessary to perform its duties under the statutes and the Rules of the Board. This shall include the membership fees in the NCEES and any of its subdivisions and the expenses of the Board's delegates to the NCEES National and Southern Zone meetings. The total amount of warrants issued in payment of the expenses and compensation provided for in the statutes and the Rules of the Board shall not exceed the amount of moneys available and/or appropriated, whichever is less.

ARTICLE 6. RECORDS AND REPORTS

A. The Board shall keep a record of its proceedings and of all applications for licensure. All applications shall include:

1. the name, age, social security number, and address of each applicant;

2. the date of application;

3. the place of business of such applicant;

4. education, experience and other qualifications of such applicant;

5. the Board's decision concerning the applicant;

6. the date of the Board's actions;

7. the examination taken and the results; and

8. such other information as the Board deems necessary.

B. The Board's record shall be prima facie evidence of its proceedings and a transcript thereof, duly certified by the Executive Director under seal, shall be admissible as evidence with the same force and effect of the original.

C. At the end of the fiscal year and at such other times as designated by the appropriate State Agencies and the General Assembly, the Board shall submit a report of its financial transactions, transmitting a complete statement of the receipts and expenditures of the Board. An audit of the Board records will be made by the Legislative Audit Division of the Legislative Council.

D. At its discretion, the Board may send, accept, create and retain any records, forms, applications, etc., either in written or electronic form or may convert written records to electronic records in a manner and format prescribed by the Board, so long as they comply with the provisions of the Uniform Electronic Transactions Act ("UETA") (A.C.A. & 25-32-101et seq). In addition, electronic signatures may be accepted in lieu of handwritten signatures so long as they comply with the UETA and the "Electronic Signature Standard" or any current standard developed by the Department of Information Systems and/or the Department of Finance and Administration as provided for In A.C.A. & 25-32-118(a)(2) and the Board may specify the type or level and format of electronic signature that may be used.

ARTICLE 7. ROSTER

A. Rosters showing the names and addresses of all licensed engineers and surveyors shall be made available by the Board at intervals established by the Board. Such publication shall be in accordance with current Arkansas Law.

ARTICLE 8. GENERAL REQUIREMENTS FOR LICENSURE

A. General Information

1. To be eligible for licensure as a professional engineer or surveyor or certification as an engineer intern or surveyor intern, an applicant must be of good character and reputation.

2. Each applicant must meet all qualifications as contained within the statutes and Rules of the Board. Each application shall be individually reviewed by the Board. Experience credit may be claimed to application date.

3. Evidence of minimum qualifications is required by the Board in accordance with the following sections of this Article.

4. The term "Engineering Accreditation Commission of Accreditation Board for Engineering and Technology (EAC of ABET) approved, or equivalent is used throughout these rules. The phrase "or equivalent" will be defined by the Arkansas Board as:

a. "those judged substantially equivalent by ABET; or

b. those who have a non EAC of ABET undergraduate engineering degree plus a graduate engineering degree from an institution that offers an EAC of ABET accredited undergraduate degree in the same discipline as the graduate degree.; or

c. those who have a non-accredited bachelor of science degree but have had their official transcripts evaluated by a Board-approved organization and have made up any deficiencies identified by the evaluation with any engineering courses deficiencies made up with courses offered by an EAC of ABET-accredited degree program or equivalent.

5. An applicant will be considered as having graduated from an EAC of ABET accredited program if their program is/was accredited within three (3) years after their graduation.

B. Engineer Intern

1. An applicant who supplies proof of graduation from an Engineering Accreditation Commission of Accreditation Board for Engineering and Technology (EAC of ABET) approved, or equivalent, engineering curriculum of four (4) years or more and has passed an approved NCEES examination in the fundamentals of engineering shall be licensed as an engineer intern. Applicants who are not certified by an appropriate official as students within 12 months of graduation shall also submit three (3) references, two (2) of which shall be professional engineers having personal knowledge of the applicant's engineering experience. Preferably these references should include both present and past supervisors.

C. Professional Engineer

1. Original Licensure

a. The applicant shall supply proof of graduation from an EAC of ABET approved, or equivalent, engineering curriculum of four (4) years or more and with a specific record of an additional four (4) or more years of progressive engineering experience of a grade and character which indicates to the Board that the applicant may be competent to practice and has experienced increased engineering responsibilities.

b. Applicant shall submit five (5) references, three (3) of which shall be professional engineers having personal knowledge of the applicant's engineering experience. Preferably these references should include both present and past supervisors.

c. One additional year of education may be substituted for experience for each Graduate Degree in engineering not to exceed two years of credit. Four (4) years must elapse after completing the requirements for the EAC of ABET degree.

d. The applicant shall have previously passed an examination in the fundamentals of engineering that is acceptable to the Board.

e. When these requirements are met, the applicant shall be admitted to an approved NCEES Professional Engineer examination.

f. Upon satisfactory completion of these requirements, the applicant shall be licensed in the State of Arkansas.

g. The Board may exempt an individual from the NCEES Fundamentals of Engineering Examination if he possesses an EAC of ABET accredited engineering degree and an earned doctorate in engineering from a school which has an accredited engineering degree program in that discipline. An oral interview/examination may replace the written examination. The NCEES Professional Engineering Examination will not be waived.

2. Comity Licensure

a. Applicant shall supply proof that he is a licensed engineer, in good standing, in another state or jurisdiction.

b. Applicant must meet the requirements for original licensure as a professional engineer in Arkansas which were in effect at the time the applicant received their initial license as a professional engineer. For those licensees from other jurisdictions who took the Professional Engineering Examination prior to four years of experience, the Board may waive this requirement providing the acceptable experience at time of application is at least four years. For those Individuals with at least fifteen (15) years licensed practice, the Fundamentals of Engineering Examination may be waived.

c. Applicant shall submit five (5) references, three (3) of which shall be from professional engineers having personal knowledge of the applicant's engineering experience. Preferably, these references should include both present and past supervisors.

d. Upon satisfactory completion of these requirements, the applicant shall be licensed in the State of Arkansas.

D. Surveyor intern

1. An applicant for Surveyor Intern who shall supply proof of graduation from a Bachelor of Science (BS) curriculum with at least nine (9) hours of surveying, three (3) hours of which must be in Principles of Practice of Boundary Location, approved by the Board, or graduation from an Associate of Science (AS) Degree Program in Surveying, approved by the Board, and who has passed an approved NCEES examination in the fundamentals of surveying shall be certified as a Surveyor Intern.

2. An applicant who cannot qualify under D.1, above, and who has four (4) or more years of experience in surveying of a grade and character satisfactory to the Board, who has submitted three (3) references, two (2) of which shall be from Professional Surveyors having personal knowledge of the applicant's surveying experience, shall be admitted to an approved NCEES examination in the fundamentals of surveying. Upon satisfactory completion of the above requirements, the applicant shall be certified as a Surveyor Intern. The Board, in its discretion, may grant to any applicant with education courses in engineering or surveying up to two (2) years of experience for his education.

E. Professional Surveyor

1. Original Licensure

a. An applicant shall submit proof of graduation from a Bachelor of Science (BS) curriculum with at least nine (9) hours of surveying, three (3) hours of which must be In Principles and Practices of Boundary Location, approved by the Board, or graduation from an Associate of Science (AS) Degree Program in Surveying, approved by the Board, followed by at least two (2) years of surveying experience of a character which indicates to the Board that the applicant may be competent to practice

b. An applicant who does not have an approved degree can show proof of a record of six (6) or more years of experience of a character which indicates to the Board that the applicant may be competent to practice. The Board in its discretion may grant an applicant with educational courses in engineering or surveying up to two (2) years of experience for his education.

c. Applicant shall submit five (5) references, three (3) of which shall be from Professional Surveyors having personal knowledge of his surveying experience. Preferably these references should include both present and past supervisors.

d. The applicant shall have previously passed an examination in the fundamentals of surveying that is acceptable to the Board.

e. When these requirements are met, the applicant shall be admitted to an approved NCEES Professional Surveying and/or state examination(s),

f. Upon satisfactory completion of these requirements, the applicant shall be granted licensure in the State of Arkansas.

2. Comity Licensure

a. An applicant must supply proof that applicant is a Professional Surveyor in another state or jurisdiction.

b. Applicant must meet the requirements for original licensure as a professional surveyor in Arkansas which were in effect at the time the applicant received their initial license as a professional surveyor. In addition, the applicant shall be required to have experience in a public land survey system similar to Arkansas' and take a state specific Arkansas land surveying examination to determine his knowledge of Arkansas laws, procedures and practice. For those individuals with at least fifteen (15) years licensed practice, the Fundamentals of Surveying Examination may be waived.

c. Applicant shall submit five (5) references, three (3) of which shall be Professional Surveyors having personal knowledge of the applicant's surveying experience. Preferably these references should include both present and past supervisors.

d. Upon satisfactory completion of these requirements, the applicant shall be granted licensure in the State of Arkansas.

F. Reinstatement

Any licensee whose certificate has been on inactive status or non-renewed may apply in writing for reinstatement. Inactive license holders seeking reinstatement shall submit a written request, proof of 15 hours per year of Continuing Professional Competency Training (CPC), not to exceed a total of 30 hours and pay a fee as prescribed in Article 9.E. Those seeking to be reinstated for non-renewing a license may do so in one of the following 3 ways:

a. Those who have been non-renewed for 2 years or less may be reinstated administratively by paying the appropriate fees and penalties as provided in Article 9.D.;

b. Those who have been non-renewed for more than 2 years but can demonstrate continuous active registration in another jurisdiction with no disciplinary actions during that period can be reinstated conditionally by the Executive Director subject to later ratification by the Board by submission of a completed application covering all experience and/or activities subsequent to the date of licensure, proof of 15 hours per year of Continuing Professional Competency Training (CPC), not to exceed a total of 30 hours and payment of a reinstatement fee and 2 years renewal fees and late penalties as prescribed in Article 9.E..

c. Those who have been non-renewed for more than 2 years and cannot demonstrate continuous active registration in another jurisdiction or who otherwise don't qualify for reinstatement under a. or b. above shall submit a completed application covering all experience and/or activities subsequent to the date of licensure, five (5) references, proof of 15 hours per year of Continuing Professional Competency (CPC) training, not to exceed a total of 30 hours and payment of a reinstatement fee and 2 years renewal fees and late penalties as prescribed by Article 9.E.. Upon receipt of the request, the Board will determine whether to reinstate the license or require an interview and/or written examination(s).

ARTICLE 9. FEES

A. Application

1. Application for licensure as an engineer or engineer intern or a surveyor or surveyor intern shall be on the forms furnished by the Board. The forms and prescribed fees shall be filed with the Executive Director, The applicant will be responsible for delivery of the blank reference letters to his references. The applicant will not be considered complete and processed until all reference letters and confirmation of degrees and licensing have been received at the Board office. The Board may accept the certified information contained in the NCEES record in lieu of the information required on the forms prescribed by the Board. Completed original applications for licensing by examination must be received at the office of the Board by January 1^ for the April examination and July 1^ for the October examination. All experience requirements must be satisfied by the date of the application.

2. A photograph of the applicant taken within the previous six (6) months shall be furnished with the application.

B. Fees*

1. Application

a.

Professional Engineer

  
  

Original

$ 75.00

  

Comity

$200.00

  

Engineer Intern, non-student

$ 50.00

  

Engineer Intern, Student

$ 10.00

b.

, Professional Surveyor

  
  

Original

S 75.00

  

Comity

$200.00

  

Surveyor Intern, non-student

$ 50.00

  

Surveyor Intern, student

$ 10.00

c.

Certificate of Authorization

$150.00

2. Examination Fees (Fees for all NCEES examinations shall be paid to NCEES by an applicant after being approved. Refunds for cancelled NCEES examinations will be in accordance with their policies at that time and refunds for cancelled of the 2-hour Principles and Practice of Surveying exam are in item h. below)

a.

Principles and Practice of Engineering including Structures 1

$180.00

a1.

Principles and Practice of Engineering (Structural II)

$750.00

  

(Structures 1 & II Exams end with October 2010 administration)

  

b.

Fundamentals of Engineering, non-student and retakes

$ 65.00

c.

Fundamentals of Engineering, Student

$ 30.00

d.

Principles and Practice of Surveying (6 Hr.)

$180.00

e.

Principles and Practice of Surveying (Ark 2 Hr.)

$ 25.00

f.

Fundamentals of Surveying non-student and retakes

$110.00

g.

Fundamentals of Surveying, student

$ 30.00

h.

Cancellation

  

1.

cancel more than 15 days prior to exam**

50% of exam fee

2.

cancel less than 15 days prior to exam

100% of exam fee

i.

NCEES Structural (Lateral) PE (Begins April 2011)

$500.00

j.

NCEES Structural (Vertical) PE (Begins April 2011)

$500.00

k.

Proctor Exam for another Board

$50.00

1.

Administration fee

(payable to ELSES)

C.

Annual License Renewal***

  

1.

Engineer

$40.00

2.

Engineer Intern

$ 5.00

3.

Surveyor

$30.00

4.

Surveyor Intern

$ 5.00

5.

Certificate of Authorization

$50.00

D.

Late Penalty

  

1.

50% of annual renewal 1 to 60 days after renewal date

  

2.

100% of annual renewal 61 days to 2 years.

  

E.

Other Charges

  

1.

Reinstatement from Inactive Status

$100.00

2.

Reinstatement from non-renewed status

$100.00****

3.

Returned check

$ 25.00

4.

Temporary Permit

$150.00

*AII payments shall be non-refundable, unless waived by Board action, **50% applied toward next examination fee. ***Billed at two times annual fee when collected biennially.. ****plus up to 2 years accumulated dues and penalties

ARTICLE 10. PROFESSIONAL EXPERIENCE

A. Professional experience of an applicant will include only such experience gained after the applicant's eighteenth (IS**^) birthday and shall be experience that requires the exercise of original thought and independent responsibility.

B. In the field, experience shall begin when the surveyor applicant reaches a position of responsible charge.

C. In the shop or laboratory, experience shall begin only after apprenticeship, or other subordinate position, unless the work accomplished specifically shows the applicant possesses originality and has responsibility in the subordinate position.

D. In the office, experience shall begin when the applicant ceases to do technicians duties and begins work that requires original thought and responsibility.

E. Teaching

1. Teaching engineering at the junior level or above in an approved curriculum of four (4) years or more may be considered as engineering experience.

2. Teaching surveying in an approved curriculum of two (2) or four (4) year or more may be considered surveying experience.

F. Experience gained from training programs, sales, applications, contracting and manufacturer's representation or any other non-defined experience will be evaluated by the Board.

G. At least two (2) years of the required experience shall be obtained under the direct supervision of a professional licensee of the respective profession, which is generally presumed to mean that the professional registrant is in close proximity and available for regular personal interaction and mentoring rather than in a remote manner. This provision may be waived at the discretion of the Board if the applicant can demonstrate that another supervisory arrangement provides similar oversight and guidance.

H. Professional experience shall begin only after completing the requirements for graduation for those applicants graduating from an approved engineering or surveying program.

ARTICLE 11. EXAMINATIONS

A. Examinations will be held semi-annually or at such other times and at places designated by the Board.

B. Prior to admitting applicants, the Board will review all applications and may interview applicants. On the basis of all formally submitted information, supplemented by information obtained at the interview, (if held), the Board will either admit or deny the applicant to the examination.

C. Upon being approved for an examination the applicant will be referred to ELSES, NCEES or other designated firm or entity for further instructions, fee payments, and examination administration.

D. The applicant must receive a minimum passing grade or meet standards for passing as established by NCEES. If the applicant fails he may be re-admitted to two (2) subsequent administrations at times and locations specified by the Board upon payment of the examination and administration fees. Applicants who fail three or more times must submit a new application. If readmitted, the applicant must wait at least 11 months before retaking and thereafter only once every calendar year.

E. Applicants who fail to pass will be notified and those desiring to sit again must notify the Board of their intentions. The date and time for readmission will be at the discretion of the Board but will generally be at the next regularly scheduled administration or not earlier than 6 months from the previous examination whichever is later.

ARTICLE 12. CERTIFICATES AND SEALS

A. Certificates

1. For all Professional Engineers and Professional Surveyors, all Engineer Interns and Surveyor Interns, the Board shall issue a Certificate. The certificate shall show the name of the licensee, the license number and shall be signed by the President and Executive Director with the embossed seal of the Board.

2. The issuance of a Certificate of Licensure by the Board shall be Prima Facie Evidence that the person named therein is licensed while the certificate remains unrevoked.

B. Seals

1. Upon licensure each professional engineer may obtain a seal of the design authorized by the Board bearing the licensee's name, license number and the legend "Licensed Professional Engineer".

a. Each final engineering document to include drawings, cover sheet of each volume Of specifications, and written reports prepared by a licensee shall, when issued, be dated, signed and stamped with the said seal or facsimile thereof by the responsible llcensee(s). It shall be unlawful for an engineer to affix, or permit his seal or facsimile thereof to be affixed to any engineering drawing, specifications, plats or reports after the expiration of his license or for the purpose of aiding or abetting any other person to evade or attempt to evade any provision of the statutes and the Rules of the Board.

b. Record or as-built drawings representing what is believed to be constructed shall not be sealed unless specifically required by contract and shall then contain a caveat or disclaimer that provides as applicable:

1. the information in the drawing is a compiled representation of the constructed project;

2. identifies the source and basis of information used in preparing the drawing;

3. states or declares that the drawing Is believed to be correct to the best of the professional's knowledge but it cannot be guaranteed accurate.

2. Upon licensure each professional surveyor may obtain a seal of the design authorized by the Board, bearing the licensee's name, license number and the legend "Licensed Professional Surveyor". Final drawings, plats and reports prepared by a licensee shall, when issued, be dated, signed and stamped with the said seal or a facsimile thereof. It shall be unlawful for a licensee to affix or permit his seal and signature or facsimile thereof to be affixed to any drawings, plats or reports he did not prepare himself or supervise the preparation of or after the expiration of his license or for aiding or abetting any other person to evade or attempt to evade any provision of the Statutes statutes and Rules of the Board.

3. Each firm that is issued a Certificate of Authority (COA) shall obtain a seal of the design authorized by the Board, bearing the name of the firm and the COA number.

4. The Board hereby establishes the design of and clarifies the use of the seal by a licensee as follows:

a. The engineer and surveyor and certificate of authorization seals shall use the following designs, however, seals previously acquired in compliance with then current rules need not be changed nor modified as a result of subsequent rule changes unless specifically required;

b. The seal shall be from 1 ¼ to 2 inches diameter and have a milled edge in conformance with the above designs. A facsimile rubber stamp is authorized in lieu of a seal. The stamp may have either a milled edge, or two (2) concentric circles with the outer and inner circles corresponding with the respective edges of the milling on the seal. The licensee's name and number inscribed in the seal shall correspond to the name and certificate number shown on the Certificate of Licensure;

c. The seal shall be affixed to documents and instruments only when the license certificate is current and in good standing, and then only on such documents and instruments which have been prepared by the licensee or under the supervision of the licensee. The licensee shall be responsible for assuring the seal, however affixed, is legible on the document;

d. By affixing his seal to any documents or instruments, the licensee accepts full responsibility and liability for the professional work represented on such documents or instruments; and

e. Documents may be sealed electronically and may be signed and/or transmitted electronically if done in one of the following ways:

i. Documents digitally signed may be transmitted electronically as long as the signature is unique to and under the sole control of the person who applied it, be capable of verification and be linked to the document in such a manner that the signature is invalidated if any data on the document is altered;

ii. Document manually or digitally sealed but not signed may be transmitted electronically so long as an original signature and date shall be affixed over the seal and maintained on a paper or electronic copy of the document in the office of record. The electronically transmitted_file shall contain the following: "This document was originally issued and sealed by (name of licensee), (license number) on (date). This copy is not a signed and sealed document"; or

iii. Documents manually or digitally signed and sealed may be digitally copied and transmitted by electronic means;

ARTICLE 13. EXPIRATIONS AND RENEWALS.

A. License certificates for professional engineers shall expire annually or biennially. The Executive Director of the Board will mail, to every licensee, a notice showing the date of the expiration of said license and the fee required for renewal. Such notice will be mailed to the licensee at his last known address at least one month in advance of the date of the expiration of said certificate. It is the responsibility of each licensee to notify the Board, in writing, of a change of address.

B. License certificates for professional surveyors shall expire annually or biennially. The Executive Director of the Board will mail, to every licensee, a notice showing the date of the expiration of said license and the amount of the fee required for its renewal. Such notice shall be mailed to the licensee at his last known address at least one month before the expiration date. It is the responsibility of each licensee to notify the Board, in writing, of a change of address.

C. License certificates of dual registrants shall expire annually or biennially. The Executive Director of the Board will mail, to every licensee, a notice showing the date of the expiration of said license and the amount of the fee required for its renewal. Such notice shall be mailed to the licensee at his last known address at least one month before the expiration date. It is the responsibility of each licensee to notify the Board, in writing, of a change of address.

D. Certificates of Authority shall expire annually or biennially. The Executive Director of the Board will mail, to every licensee, a notice showing the date of the expiration of said license and the amount of the fee required for its renewal. Such notice shall be mailed to the licensee at his last known address at least one month before the expiration date. It is the responsibility of each licensee to notify the Board, in writing, of a change of address.

E. Late penalty for renewals shall be as described in Article 9.

ARTICLE 14. DISCIPLINARY ACTION

A. The Board may take disciplinary action to the fullest extent permitted by law against any licensee who is found guilty of any of the following:

1. Fraud or deceit in obtaining a certificate of licensure or authorization;

2. Any gross negligence, incompetence or misconduct in the practice of engineering as a professional engineer or surveying as a professional surveyor;

3. Any felony or crime involving moral turpitude;

4. Any violation of the Rules of Professional Conduct and/or Rules of the Board;

5. Violations of the Arkansas Minimum Standards for Property Boundary Surveys and Plats (Minimum Standards), in force at the time of the survey; and

6. Practicing engineering or surveying with an invalid or expired license.

B. The Board has adopted Rules of Professional Conduct which shall be given in writing to every professional licensee and applicant and shall be made available in accordance with Arkansas law. Such publication shall constitute due notice to all professional licensees. The Board may revise and amend the Rules of Professional Conduct pursuant to the procedure set forth in the Arkansas Administrative Procedure Act as deemed appropriate and shall notify each licensee promptly of such revisions or amendments in writing.

C. The Board shall have the power to impose a civil penalty against any individual who violated any portion of the Act or Rules of the Board by a non-licensee.

ARTICLE 15. DISCIPLINARY ACTION - PROCEDURE

A. Any person, including, but not limited to, the Executive Director of the Board, may prefer charges of fraud, deceit, gross negligence, incompetence, misconduct or violation of the statutes and the Rules of the Board against any licensee. Such charges shall be in writing and signed by the person or persons making them, and shall be filed with the Executive Director of the Board. A preliminary investigation shall be conducted by a Complaint Committee appointed by the President to determine recommended action to the Board. By vote of the Complaint Committee that probable cause exists to believe that a violation may have occurred, the Complaint Committee may direct the Executive Director to set the matter for hearing before the Board.

B. Unless dismissed by the Board, all charges shall be heard by the Board within a reasonable time.

C. The time and place for hearings shall be fixed by the Executive Director of the Board, and a copy of the charges and notice of the time and place of hearings shall be served by certified mail to the licensee concerned at least twenty (20) days before the hearing. At any hearing, an accused licensee shall have the right to appear in person, and may be represented by counsel; to cross examine witnesses in his defense; and to produce evidence and witnesses in his defense. If the accused person fails or refuses to appear, the Board may proceed with the hearing.

D. If, after hearing the evidence, three-fifths (3/5) of the Board present and participating vote in favor of sustaining the charges, the Board shall reprimand, suspend, refuse to renew, or revoke the licensee's certificate. A civil penalty may also be imposed by the Board.

E. Any individual licensee aggrieved by any action of the Board in denying, suspending, refusing to renew, or revoking his license may appeal to the proper court as outlined in the Administrative Procedure Act.

ARTICLE 16. VIOLATIONS AND PENALTIES

A. Any person who shall practice, or offer to practice, engineering or surveying in the State of Arkansas without being licensed under the provisions of the Acts; or any person, firm, partnership, organization, association, corporation or other entity using or employing the words "engineer", "engineering", "surveyor", or 'surveying "or any modification or derivative thereof in its name, form of business, or activity except as authorized in the statutes and Rules of the Board; or any persons presenting or attempting to use the license or the seal of another; or any person who shall give false or forged evidence of any kind to the Board or to any member thereof in obtaining or attempting to obtain licensure; or any person who shall falsely impersonate any other licensee of like or different name; or any persons who shall attempt to use an expired, revoked, or non-existent license, or who shall practice or offer to practice when not qualified; or any person who falsely claims that he is licensed under the statutes and the Rules of the Board, shall be guilty of a misdemeanor, and may, upon conviction in a criminal court, be sentenced to pay a fine not more than five thousand dollars ($5000.00), or suffer imprisonment, for a period not exceeding three (3) months, or both.

B. Any complaint filed with the State Surveyor's office or the Board against a surveyor for any reason shall automatically authorize the state surveyor to investigate the subject surveyor's compliance with the Minimum Standards which requires the filing of plats with his office. Violations of the Minimum Standards shall become part of the original complaint or may, at the discretion of the Board, constitute a complaint in their own right. Each plat which is found not to have been properly filed shall constitute a separate violation. Each violation shall be punished by a penalty of no more than $100.00.

C. The Board is empowered to impose a civil penalty of not more than five thousand dollars ($5,000.00), per instance, against any individual violating any portion of the statutes or Rules of the Board pertaining to the practice of Engineering and/or Surveying. Civil penalties may be imposed on licensees or non-licensees.

D. The Attorney General of the State of Arkansas or one of his assistants shall act as legal advisor to the Board and render legal assistance needed in fulfilling the provisions of the statutes and the Rules of the Board. The Board may employ additional counsel with approval of the Attorney General and any other necessary assistance to aid in the enforcement of the statutes and the Rules of the Board and the compensation and expenses therefore shall be paid from funds of the Board.

ARTICLE 17. RIGHT TO PRACTICE

To practice or offer to practice engineering or surveying for others, as defined in Article 2, by individuals licensed under the statutes and the Rules of the Board or through a corporation as officers, employees, or agents Is permitted, subject to the provisions contained therein; in addition persons may practice lawfully under Article 19. A firm, association, partnership or corporation may not engage in the practice of engineering or surveying unless the practice as engaged in is done under the supervision and direction of an engineer or surveyor licensed in the State of Arkansas. A firm, association, partnership or corporation may engage in the practice of engineering with relation to its own property or business so long as such practice is done under the supervision of a licensed engineer. All final drawings, specifications, plans, reports, plats, or other papers or documents involving the practice of engineering or surveying, as defined in the statutes, when issued or filed for public records, shall be dated and bear the signature and seal of the professional engineer or of the professional surveyor who prepared or supervised and approved them.

ARTICLE 18. EXEMPTION

A. The statutes and Rules of the Board will govern the activities of the engineer and surveyor and shall not be construed to prevent the practice of any other legally recognized profession.

B. The statutes and Rules of the Board shall not be construed to prohibit the work of an employee or a subordinate of a licensee or any employee of a person practicing lawfully under Article 2, provided such work does not include final engineering or surveying decisions and is done under the direct supervision of and verified by a licensee or a person practicing lawfully under Article 19.

C. The statutes and Rules of the Board shall not apply to:

1. The usual symbols and statements of the cartographic representation of scale and direction, including, but not limited to, scale ratios, scale bar, and north arrows;

2. The preparation and attachment of metadata or to the scientific analysis of measurement data for research by a person who Is not a professional surveyor or professional engineer; and

3. Any government agency or office in conducting its statutory or constitutional duties to certify representations or spatial data,

D. The statutes and Rules of the Board shall not impair or reduce the scope of:

1. The professional practice of engineers or surveyors as defined by statute and Rules of the Board; and

2. The professional practice of professional architects as defined by statute and Rules of the Arkansas State Board of Architects.

ARTICLE 19. TEMPORARY PERMITS

A. Subject to final approval by the Board, the Executive Director shall be authorized to issue a temporary written permit to an engineer under the following conditions:

1. An applicant shall have submitted an application for comity licensure as provided by Article 8.C.2., paid a fee as prescribed by Article 9. and possess a valid license in another state or jurisdiction that was obtained with the qualifications for original licensure as provided by Article 8.C.1. with the exception of the references as required in subsection b of that section.;

2. A temporary permit for sixty (60) calendar days is a one time courtesy extended to authorize practice during the period or time required to process an application and obtain Board action for Arkansas licensure;

3. Information relative to licensure in other states, education and experience shall be verified before issuance of a temporary permit;

4. The holder of a temporary permit shall seal plans, specifications, or documents only in accordance with the statutes and the Rules of the Board. The seal used shall be the seal of the state on which the issuance of the temporary permit was based, and immediately under the seat the following shall be inserted;

Arkansas Temporary Permit Number_______________________ Issued_______________for the year_______________________

ARTICLE 20. CONTINUING PROFESSIONAL COMPETENCY (CPC)

A. Introduction In order to safeguard life, health, property and to promote public welfare, it has been determined that the practice of engineering and surveying will require continuing education in order to renew licenses.

B. Definitions

Terms used in this article are defined as follows:

1. Professional Development Hours (PDH) - A contact hour (nominal) of instruction or presentation. The common denominator for other units of credit;

2. Continuing Education Unit (CEU) - Unit of credit customarily used for continuing education courses. One Continuing Education Unit equals ten (10) hours of class in an approved education course;

3. College/Unit Semester/Quarter Hour - Credit for approved course or other related college course approved in accordance with 'Section E" of this article;

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

5. Dual Licensee - A person who is licensed as both a professional engineer and a professional surveyor.

C. Requirements Continuing Professional Competency (CPC) is required as follows:

1. Every licensee is required to report a cumulative of fifteen (15) PDH units per year for each year of a renewal period. If a licensee exceeds the annual requirement in any renewal period, a maximum of fifteen (15) PDH units may be carried forward into the subsequent renewal period.

2. Dual licensees are required to report a cumulative of twenty (20) PDH units per year, at least five (5) PDH units shall be earned in each profession. The remaining ten (10) PDH units may be obtained in any subject that would be applicable to either profession. If a licensee exceeds the annual requirement in any renewal period, a maximum of twenty (20) PDH units may be carried forward into the subsequent renewal period (no more than 15 in either profession).

D. Units

1. Units may be earned as follows:

a. Successful completion of college courses;

b. Successful completion of continuing education courses;

c. Successful completion of correspondence, televised, videotaped, audiotape, and other short courses/tutorials;

d. Presenting or attending qualifying seminars, in-house courses, work shops, or professional, technical, or managerial presentations made at meetings, conventions, or conferences;

e. Teaching or instructing in (1) through (4) above;

f. Authoring published papers, articles, or books;

g. Active participation in professional or technical societies; and

h. Patent grants.

2. Unit conversion for other credit to PDH Units is as follows:

a. 1 College or unit semester hour-----------------------------------45 PDH

b. 1 College or unit quarter hour--------------------------------------30 PDH

c. 1 Continuing Education Unit--------------------------------&9632;--------10 PDH

d. 1 Hour of professional development in course work, seminars, or professional, or management, or technical presentations made at meetings, conventions or conferences----------------------------------------------------------1 PDH

e. For teaching items 1 through 4 above, apply a multiple of 2 (teaching credit is valid for teaching a course or seminar for the first time only).

f. Each published paper, article, or book---------------------------10 PDH Max.

g. Active participation in professional and technical society (each organization)-2 PDH

h. Each patent granted--------------------------------------------------10 PDH Max.

E. Determination of Credit The Board has final authority with respect to approval of courses, credit, PDH value for courses, and other methods of earning credit.

1. Credit for college or community college approved courses will be based upon credit established by the college.

2. Credit for qualifying seminars and workshops will be based on one PDH unit for each hour of attendance. Attendance at qualifying programs presented at professional and/or technical society meetings will earn PDH units for the actual time of each program.

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

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

F. Records. The maintenance of records to support credits clamed is the responsibility of the licensee. Records required include, but are not limited to:

1. A log showing the type of activity claimed, sponsoring organization, location, duration, instructor's or speaker's name, and PDH credits earned;

2. Attendance verification records in the form of completion certificates, or other documents supporting evidence of attendance; and

3. Records as maintained by the Professional Development similar repositories.

These records must be maintained for a period of three (3) years, and copies may be requested by the board for audit verification purposes.

G. Exemptions. A licensee may be exempt from the professional development education requirements for one of the following reasons:

1. New licensees by way of examination or reciprocity shall be exempt for their first renewal period;

2. A licensee serving on temporary active duty in the Armed Forces of the United States, or out of the United States, for a period of time exceeding one hundred twenty (120) consecutive days in a year shall be exempt from obtaining professional development hours required during that year;

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

4. A licensee listed as "inactive" on the Board approved renewal form certifying that they are no longer receiving any remuneration from providing professional engineering or professional surveying services shall be exempt from the professional development hours required;

5. A Professional Surveyor may be exempt if sixty (60) years of age or older or has twenty (20) years of acceptable professional experience. This request must be submitted on forms supplied by the Board; and

6. A Professional Engineer may be exempt if sixty-five (65) years of age or older and has twenty-five (25) years of acceptable professional experience. This request must be submitted on forms supplied by the Board.

H. Comity/Out-of-Jurisdiction Licensee The CPC requirements for Arkansas will be deemed as satisfied when a non-resident licensee certifies to being licensed in and having met the mandatory CPC requirements of any jurisdiction approved and listed by Arf

I. Forms All renewal applications will require the completion of a continuing education certificate stating the number of PDH credit claimed. The licensee must maintain sufficient records to permit audit verification, when requested.

J. Audit The Board may conduct random audits each year of the files and the annual renewals. Should deficiencies be discovered, licensees will be notified and have six (6) months from the date of notification to show that these deficiencies have been satisfied.

K. Noncompliance A licensee who does not satisfy the continuing education requirements will be placed on probationary status and notified of that status. The licensee will have six (6) months from the renewal dates to satisfy that condition or his license will be placed in an inactive status. Licensees placed on inactive status may return to active status as provided for in Article 8 section F. of these rules.

ARTICLE 21. CERTIFICATE OF AUTHORIZATION (COA)

A. The cover sheet of each volume of final engineering drawings, written plans, specifications, and similar documents carrying the seal of a professional engineer, or each survey carrying the seal of a professional surveyor, are required to also carry the seal evidencing the firm's COA to practice in Arkansas. In the alternative, the COA seal may be placed on each sheet thereof. The one exception to this requirement is where the firm is a sole proprietorship practicing in the name of the licensee.

B. The practice of or offer to practice for others as defined in A.C.A. 17-30-101, or A.C.A. 17-48-101, by individuals licensed under this chapter through a firm as officers, employees, or agents, is permitted, subject to the provisions of this chapter; provided, that:

1. One (1) or more personnel of said firm designated as being responsible for the engineering or surveying activities and decisions is a professional engineer or surveyor under this chapter;

2. All personnel of said firm who act in its behalf as professional engineers or surveyors are licensed under A.C.A. 17-30-101et seq.or 17-48-101et. seq.; and

3. Said firm has been issued a Certificate of Authorization by the board as hereinafter provided.

C. A firm desiring a certificate of authorization shall file with the board an application, using the form provided by the Board, provide all the information required by the Board, and also of the individual duly licensed to practice engineering or surveying in this state who shall be in responsible charge of the practice of engineering or surveying in the state through said firm, and other information, must accompany the renewal fee. The COA shall expire annually or biennially and any firm that does not renew may later reapply for reinstatement by submitting an updated application along with reinstatement fee and up to two (2) years accumulated dues and penalties. In the event there shall be a change in any of these persons during the year, such changes shall be designated on the same form and filed with the Board within thirty (30) days after effective date of said changes. If all of the requirements of this section are met, the Board shall issue a COA to such firm and such firm shall be authorized to contract for and to collect fees for furnishing engineering and surveying services.

D. The requirements of this chapter shall not prevent a firm from performing engineering or surveying services for the firm itself or a subsidiary or an affiliate of said firm.

E. No such firm shall be relieved of responsibility for the conduct or acts of its agents, employees, officers, or partners by reason of its compliance with the provisions of this section. No individual practicing engineering or surveying under the provisions of this chapter shall be relieved of responsibility for engineering or surveying services performed by reason of employment or other relationship with a firm holding an authorization certificate.

F. An engineer or surveyor who renders occasional, part-time or consulting engineering or surveying services to or for a firm may not, for the purposes of subsection B.1., be designated as being in responsible charge of the professional activities of the firm unless the engineer or surveyor is an officer or owner of the firm.

ARTICLE 22. INVALID ARTICLES

If any provisions of the Rules shall be held invalid, the remainder of the Rules shall not be affected thereby.

ARTICLE 23. EFFECTIVE DATE

The Rules shall be adopted and take effect as provided by the Administrative Procedures Act on September 27, 2009.

(9/17/2009)

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