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34-11-35.1
Section 34-11-35.1 Legislative findings; rulemaking authority. (a) In addition to the powers
provided to the board by Section 34-11-35, the Legislature finds and declares all of the following:
(1) The power to adopt rules regulating the practice of engineering and land surveying in
the state includes the power to prohibit unlicensed persons from practicing engineering or
land surveying and the power to regulate how licensed persons practice. (2) The primary goal
of the provision of engineering and land surveying in the state is to prioritize health, life,
safety, welfare, and property. (3) The board is in the best position to determine the engineering
and land surveying practices that prioritize health, life, safety, welfare, and property.
(4) Prioritizing health, life, safety, welfare, and property may sometimes be at odds with
the goals of state and federal antitrust laws which include prioritizing competition and efficiency.
(5) It is the intent of the Legislature, by passage of...
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34-11-35
the board for any act done in good faith and in the intended performance of any power granted
under this chapter or for any neglect or default in the performance or exercise in good faith
of any duty or power. (f) In carrying out the duties, functions, and obligations of this chapter,
the board may contract with any state agency or private vendor as the board considers appropriate.
The board may also enter contracts to acquire, own, encumber, issue, replace, deal in, and
dispose of real and personal property. (g) The board may appoint committees to assist
the board's efforts in carrying out the responsibilities of this chapter. All individuals
appointed by the board to serve on committees are entitled to reimbursement of expenses as
approved by the board. (h) The board may adopt rules enabling the collection of fees in amounts
necessary to enable the board to carry out its function under this chapter, provided the fees
do not exceed the maximum amounts allowed under this chapter. (i)...
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34-11-6
Section 34-11-6 Examinations. (a) Examinations shall be held at such times and places as the
board determines and upon payment of an examination fee. The board shall determine the acceptable
passing grade on state-specific examinations. (b) When examinations are required on fundamental
subjects, the applicant shall be permitted to take this part of the professional examination
as specified by rules of the board. (c) When examinations are required on applied subjects,
the applicant shall be permitted to take this part of the professional examination as specified
by guidelines established by the board. The scope of the examination and the methods of procedure
shall be prescribed by the board with special reference to the applicant's ability to design
and supervise engineering or land surveying works so as to protect health, life, safety, welfare,
and property. Examinations shall be given for the purpose of determining the qualifications
of applicants for licensure separately in...
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34-11-1
of engineering surveys. d. The term does not include functions unique to engineering as specified
by rules of the board, geographic information systems professionals holding certification
from the GIS Certification Institute, or remote sensing professionals holding certifications
from the American Society of Photogrammetry and Remote Sensing or other nationally recognized
accreditation group as determined by the board. e. Nothing herein shall in any way prohibit
mapping, plotting, or locating, or other similar use of GPS, GIS, or other similar data by
those not licensed to practice land surveying, provided the work is not used in the conveyance
of property. (15) RESPONSIBLE CHARGE. Direct control and personal supervision of engineering
work or land surveying work. (Acts 1961, Ex. Sess., No. 79, p. 1976, §2; Acts 1967, No. 739,
p. 1576, §1; Acts 1997, No. 97-683, p. 1332, §1; Act 2002-514, p. 1323, §1; Act 2007-365,
p. 715, §1; Act 2014-375, p. 1390, §1; Act 2018-550, §1.)...
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34-11-2
action for trespass by reason of this entry. (2) Nothing in this subsection shall be construed
as giving authority to a professional land surveyor to destroy, injure, damage, or move anything
on the lands of another without the written permission of the landowner and nothing in this
section shall be construed as removing civil liability for the damages. (3) A professional
land surveyor shall make reasonable effort to notify adjoining landowners upon whose land
it is necessary to enter. (4) No owner or occupant of the land shall be liable for any injury
or damage sustained by any person entering upon his or her land under this subsection. (5)
Nothing in this subsection shall limit the rights of condemning authorities under Sections
18-1A-50 to 18-1A-55, inclusive. (Acts 1961, Ex. Sess., No. 79, p. 1976, §1; Acts 1966, Ex.
Sess., No. 329, p. 462, §1; Acts 1984, 1st Ex. Sess., No. 84-792, p. 182, §1; Acts 1997,
No. 97-683, p. 1332, §1; Act 2004-501, p. 954, §1; Act 2018-550, §1.)...
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34-11-9
Section 34-11-9 Practice by firms. (a)(1) A firm that practices or offers to practice engineering
or land surveying is required to obtain a certificate of authorization from the board in accordance
with rules adopted by the board. (2) An entity that performs engineering services or land
surveying services for itself, or for a parent or subsidiary, is not required to have a certificate
of authorization. (3) A firm may not be relieved of responsibility for the conduct or acts
of its agents, employees, officers, or partners by reason of its compliance with this section.
An individual practicing engineering or land surveying under this chapter is not relieved
of responsibility for engineering or land surveying services performed by reason of employment
or other relationship with a firm holding a certificate of authorization. (4) The Secretary
of State may not accept organizational papers nor issue a certificate of incorporation, organization,
licensure, or authorization to any firm that...
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34-11-11
Section 34-11-11 Disciplinary action. (a) The board may reprimand, censure, suspend, revoke,
place on probation, recover costs, or fine any licensee or certified engineer intern or land
surveyor intern or firm holding a certificate of authorization or refuse to issue, renew,
or reinstate the certificate of any licensee or certified engineer intern or land surveyor
intern or the certificate of authorization of a firm found guilty of any of the following:
(1) The practice of any fraud or deceit in obtaining or attempting to obtain or renew a certificate
of licensure, intern certification, or certificate of authorization. (2) Any gross negligence,
incompetency, violation of the rules of professional conduct prescribed by the board, or misconduct
in the practice of engineering or land surveying as a professional engineer, engineer intern,
professional land surveyor, or land surveyor intern. (3) Falsely representing himself or herself
as being in responsible charge of engineering work or...
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34-11-31
Section 34-11-31 Qualifications of members. (a) Board members shall at all times maintain eligibility
to serve on the board avoiding relationships that would interfere with the board mission of
protecting health, life, safety, welfare, and property. (b) Each member of the board shall
be a citizen of the United States and a resident of this state for at least six months. (c)
Each licensed professional engineer or licensed professional land surveyor shall hold an unexpired
certificate under this chapter and shall have been licensed to practice engineering or land
surveying, respectively, for at least 12 years. (d) Each public member of the board shall
be a resident of this state who is at least 40 years of age and is not, and never was, a professional
engineer or professional land surveyor. (Acts 1961, Ex. Sess., No. 79, p. 1976, §4; Acts
1995, No. 95-282, p. 516, §3; Acts 1997, No. 97-683, p. 1332, §1; Act 2018-550, §5.)...
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16-26D-5
Section 16-26D-5 THIS SECTION WAS ASSIGNED BY THE CODE COMMISSIONER IN THE 2018 REGULAR SESSION,
EFFECTIVE JULY 1, 2018. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT. (a) The board of trustees
may perform the following functions: (1) Accept donations, bequests, or other forms of financial
assistance for educational purposes from any public or private person or agency and comply
with rules and regulations governing grants from the federal government or from any other
person or agency, which are not in contravention of the constitution and laws. (2) Purchase
or lease real estate and equipment and make improvements to facilities necessary for the use
of the school, in accordance with applicable law. (3) Lease land or other property belonging
to the board of trustees or to the school. (4) Sell or exchange land or other real property
not needed for school purposes, but only when specifically authorized by law and then only
in accordance with the procedures provided for the sale of unused...
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22-22A-5
Section 22-22A-5 Powers and functions of department; representation of department by Attorney
General in legal actions. In addition to any other powers and functions which may be conferred
upon it by law, the department is authorized beginning October 1, 1982 to: (1) Administer
appropriate portions of Sections 9-7-10 through 9-7-20, which relate to permitting, regulatory
and enforcement functions; administer and enforce the provisions and execute the functions
of Chapter 28 of this title; Chapter 22 of this title; Article 2 of Chapter 23 of this title;
Chapter 30 of this title; appropriate portions of Article 1 of Chapter 27 of this title; Sections
22-24-1 through 22-24-11; Sections 22-25-1 through 22-25-15; and Sections 22-36-1 through
22-36-10. (2) Acting through the Environmental Management Commission, promulgate rules, regulations,
and standards in order to carry out the provisions and intent of this chapter; provided, however,
that prior to the promulgation of any state primary or...
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