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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
Section 34-11-35 Powers of the board. (a) The board shall have the power to adopt and amend
bylaws and rules not inconsistent with the constitution and laws of this state, as may be
reasonably necessary for the proper performance of its duties and the regulation of its procedures,
meetings, records, examinations, and conduct. The board shall have the power to adopt and
amend from time to time rules of professional conduct for professional engineers, engineer
interns, professional land surveyors, land surveyor interns, and corporations, partnerships,
or firms holding certificates of authorization. The board shall adopt and have an official
seal, which shall be affixed to each certificate issued. (b) In carrying into effect its duties
in any case involving the revocation of licensure or any disciplinary proceeding involving
a licensee or the holder of a certificate of authorization or practicing or offering to practice
without licensure, or false statement in connection with an...
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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
Section 34-11-1 Definitions. For the purposes of this chapter, the following words and phrases
shall have the respective meanings ascribed by this section: (1) BOARD. The State Board of
Licensure for Professional Engineers and Land Surveyors, provided for by Section 34-11-30.
(2) DESIGN COORDINATION. The review and coordination of technical submissions prepared by
persons other than the principal engineer, including, as appropriate and without limitations,
consulting engineers, architects, landscape architects, land surveyors, and other professionals
working under the direction of the engineer. (3) DISCIPLINARY ACTION. Any final written decision,
order, consent agreement, public reprimand, or other formal action taken against an individual
or firm by the board based upon a violation of this chapter or a board rule. (4) ENGINEER
INTERN. An individual who has been certified as an engineer intern by the board. (5) ENGINEER
or PROFESSIONAL ENGINEER. An individual who, by reason of his or...
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34-11-2
Section 34-11-2 Practice of engineering and land surveying regulated. (a) A person in either
public or private capacity may not practice or offer to practice engineering or land surveying,
unless he or she shall first have submitted evidence that he or she is qualified so to practice
and shall be licensed by the board as hereinafter provided or unless he or she is specifically
exempted from licensure under this chapter. (b) Except as otherwise provided in this chapter,
all engineering design of buildings, structures, products, machines, processes, and systems
that can affect health, life, safety, welfare, and property shall be conducted under the responsible
charge of a licensed professional engineer. (c) In order to safeguard health, life, safety,
welfare, and property, the practice of engineering in this state is a learned profession to
be practiced and regulated as such, and its practitioners in this state shall be held accountable
to the state and members of the public by high...
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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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