Professional Engineers Act, Land Surveyors Act & Board Rules

Transcription

1 Professional Engineers Act, Land Surveyors Act & Board Rules 1986

2 Table of Contents Professional Engineers Act Article 1. Article 2. Article 2.3. Article 3. Article 4. Article 5. Article 6. Article 7. General Provisions Administration... 2 Professional Engineers Review Committees Appiication of Chapter..,, Registration,, Discipiinary Proceedings, Offenses Against the Chapter Revenue : ;, 19 land Surveyors Act Article 1. Article 2. Article 2.3. Article 3. Article 4. Article 5. Article 5.5. Article 6. Article 7. Article 8. General Provisions, Administration Land Surveyors Review Committees Application of the Chapter Issuance of License Surveying Practice, Photogrammetry Discipiinary Proceedings ' Offenses Against the Chapter., Revenue Rules of the Board of Registration Article 1. Sections General Provisions introduction Location of Office Definitions Definition of Responsible Charge for Professional Engineers Definition of Responsible Charge for Land Surveyors Delegation of Functions Fees Meetings Certificates Seal Address Change... 5S Approval of Engineering Disciplines Practice and Title Protection, ", 56 Practice Within Area of Competence " " 57 Substantial Relationship Criteria Criteria for Rehabilitation Notification of Disciplinary Action... 58

3 Article Article Article Applications Applications Refile Application Final Filing Date. 59 Experience Applicant for Structural Authority " References Abandoned Applications Application Appeal Examinations Schedule of Regular Written Examinations Individual Examination. 62 Waiver of Fundamentals Examination Examination Not Permitted Authorization to Take Examination, 63 Examination Irregularities '" 64 Inspection of Examination Examination Appeal Postponements " Permissible Reference Material and Other Accessories Miscellaneous Curricula Approved by the 80ard Testing Laboratory Reports Notice of Association or Disassociation With Partnership, Firm, or Corporation Corner Record Records of Survey ii

4 Business and Professions Code State of California Sections 6700 to 6799 (As Amended January 1, 1986) Professional Engineers Act

5 History Amendments enacted in 1985 were: 1) A81644, Chapter 992, Statutes of 1985, which amended Section and 6763, effective January 1,1986; 2) 58128, Chapter 1134, Statutes of1985, which amendedsections 6715, 6726, ,6726.2,6726.3,6726.4,6735,6751 (6751 in this bill supersedes , Chapter 732, Statutes of1985, Section 6751),6753,6755, 6762, 6764, 6796, and , and added Sections ,6755.2,6795.1,6796.5, and , effective January 1,1986; 3) , Chapter 1507, Statutes of1985, which amended, renumbered, and added Sections and , effective January 1,1986; 4) , Chapter 1327, Statutes of 1985, which amended Section , effective January 1, 1986; 5) , Chapter 732, Statutes of 1985, which amended Sections 6700, 6704, 6712, 6716, 6732, 6751 (superseded by 58128),6754,6759, and 6787, and repealed Sections ,6730.1, and 6767, effective January 1,1986. iv

6 Note For the reader's convenience all new language adopted during 1985 is printed in italics. v

7 Chapter 7. Article I. Professional Engineers General Provisions This chapter constitutes the chapter on professional engineers. It may be cited as the Professional Engineers Act. [Amended, Chapter 732, Statutes of 1985J [Repealed, Chapter 732, Statutes of i.jd4 i "Professional engineer," within the meaning and intent of this act, refers to a person engaged in the professional practice of rendering service or creative work requiring education, training and experience in engineering sciences and the appiication of special knowledge of the mathematical, physical and engineering sciences in such professional or creative work as consultation, investigation, evaluation, planning or design of public or private utilities, structures, machines, processes, circuits, buildings, equipment or projects, and supervision of construction for the purpose of securing compliance with specifications and design for any such work "Civil engineer" as used in this chapter means a professional engineer in the branch of civil engineering and refers to one who practices or offers to practice civil engineering in any of its phases.,..pia "Electrical engineer" as used in this chapter means a professional engineer in the branch of electrical engineering and refers to one who practices or offers to practice electrical engineering in any of its phases. tf01fl.f-) "Mechanicai engineer" as used in this chapter means a professional engineer in the branch of mechanical engineering and refers to one who practices or offers to practice mechanical engineering in any of its phases. &703. The phrase "responsible charge of work" means the independent control and direction, by the use of initiative, skill, and independent judgment, of the investigation or design of professional engineering work or the direct engineering control of such projects The phrase "supervision of the construction of engineering structures" means the periodic observation of materials and completed work to observe their general compliance with plans, specifications, and design and planning concepts, and does not include responsibility for the superintendence of construction processes, site conditions, operations, equipment, personnel, or the maintenance of a safe place to work or any safety in, on, or about the site of work In order to safeguard life, health, property, and public welfare, no person shall practice civil, electrical, or mechanical engineering unless appropriately registered orspecifically exempted from registration under this chapter, and only persons registered under this chapter shall be entitled to take and use the titles "consulting engineer," "professional engineer," or "registered engineer," or any combination of those titles, and according to registration with the board the engineering branch titles specified in Section 6732, or the authority titles specified in Section 6763, or "engineer-intraining. " -1-

8 The provisions of this act pertaining to registration of professional engineers in the branches of chemical, electrical, industrial, mechanical, metallurgical, and petroleum engineering do not apply to employees in the communication industry; nor to the employees of contractors while engaged in work on communication equipmenti however, those employees may not use the title unless registered. The provisions of this section shall not prevent the use of the title "consulting engineer" by a person who has qualified for and maintained exemption for using that title underthe provisions ofsection , or by a person licensed as a photogrammetric surveyor. [Amended, Chapter 732, Statutes of 1985J A subordinate is any person who assists a registered professional engineerin the practice ofprofessional engineering without assuming responsible charge of work. Article 2. Administration There is in the Department of Consumer Affairs a State Board of Registration for Professional Engineers, and Land Surveyors, which consists of 13 members Each member of the board shall be a citizen of the United States. Five members shall be registered under this chapter. One member shall be licensed under the Land Surveyors' Act, Chapter 1S (commencing with Section B700) of this division and seven shall be public members who are not registered under this act or licensed under the Land Surveyors' Act. Each member, except the public members, shall have at least 12 years active experience and shall be of good standing in his profession. Each member shall be at least30 years of age, and shall have been a resident of this state for at least five years immediately proceeding his appointment All appointments to the board shall be for a term of four years. Vacancies shall be filled by appointment for the unexpired term. Each appointment thereafter shall befor afour-year term expiring on June 1 ofthe fourth year following the year in which the previous term expired. Each member shall hold office until the appointment and qualification of his or her successor or until one year shall have elapsed since the expiration of the term for which he or she was appointed, whichever first occurs. No person shall serve as a member of the board for more than two consecutive terms. The Governor shall appoint professional members so that one is licensed to practice engineering as a civil engineer, one as an electrical engineer, one as a mechanical engineer, another is authorized to use the title of structural engineer, and one is a member of one of the remaining branches of engineering. The Governor shall appoint five of the public members and the professional members qualified as provided in Section The Senate Rules Committee and the Speaker of the Assembly shall each appoint a public member. [Amended, Chapter 732, Statutes of 1985J The Governor may remove any member of the board for misconduct, incompetency or neglect of duty. -2-

9 6714. The board shall appoint an executi~e officer at a salary to be fixed and determined by the board with the approval of the Director of Finance The executive officer shall keep a complete record of all applications for registration and the board's action thereon and, once every two years, shall prepare a roster showing the names and addresses of all registered professional engineers, and the names and addresses of the holders of all delinquent certificates of registration and certificates of authority. Between July 1 and December 1 in each year, except the year in which the roster is prepared, the executive officer shall prepare a supplemental roster showing changes in and additions to the roster. A copy of the roster and the supplemental roster shall be filed with the Secretary of State. Copies of each shall be available on application to the executive officer, at the price per copy fixed by the board. [Amended, Chapter 1134, Statutes of The board may adopt rules and regulations consistent with law and necessary to govern its action. These rules and regulations shall be adopted in accordance with the provisions of the Administrative Pro :edure Act. The board shall hold at least two regular meetings each year. Special meetings shall be held at such times as the board rules provide. A majorityof the board constitutes a quorum. Except as otherwise provided by law, the vote required for any action of the board is a majority of the members present, but not less than five. [Amended, Chapter 732, Statutes of 1985] [Repealed, Chapter 1656, Statutes of The board may, by regulation, define the scope of each branch of professional engineering other than civil engineering for which registration is provided under this chapter Any member of the board may administer oaths and may take testimony and proofs concerning all matters within the board's jurisdiction The board shall adopt and have an official seal which shall be affixed to all certificates of registration Each member of the board shall receive a per diem and expenses as provided in Section [Repealed, Chapter 10B, Statutes of 1971] [Repealed, Chapter 1709, Statutes of The board may establish one or more technical advisory committees to advise and assist the board with respect to the following: (1) Application review and verification for any level of registration, licensure, authority, or title. (2) Evaluation and investigation of potential violations of the act. (3) Amendment, repeal, adoption, or revision of board rules, regulations, policies, and procedures. [Amended, Chapter 1134, Statutes of

10 Each member of each technical advisory committee shall be appointed by the board and shall serve at the pleasure of the board. Each committee shall be composed of no more than five members. [Amended, Chapter 1134, Statutes of 1985] Except as provided in subdivision (e) ofsection , each member of each technical advisory committee shall be an expert in the branch of engineering within the committee's jurisdiction and shall be registered under this chapter. [Amended, Chapter 1134, Statutes of 1985) All the members of each technical advisory committee shall serve without compensation but shall receive per diem and expenses as provided in Section 103. [Amended, Chapter 1134, Statutes of 1985) Each member of each technical advisory committee shall be granted the same immunity as is granted to a public employee pursuant to Article 3 (commencing with Section 820) of Chapter 1 of Part 2 of Division 3.6 of Title 1 of the Government Code. [Amended, Chapter 1134, Statutes of 1985) Article 2.3 Professional Engineers Review Committees The board, when it deems necessary, may establish professional engineers review committees to hear all matters assigned by the board, including, but not limited to, any contested case which is assigned by the board. Each committee shall exist so long as the board deems that it is necessary Each review committee shall consist of no fewer than three registered professional engineers appointed by the board. Each member of a committee shall have the same qualifications and shall be subject to the same rules and regulations as if he were a member of the board Each member of a committee shall receive a per diem and expenses as provided in Section 103 of this code Except as otherwise provided in this article, all hearings which are conducted bya committee shall be conducted in accordance with the provisions of Chapter 5 (commencing with Section 11500), Part 1, Division 3, Title 2 of the Government Code. If a contested case is heard by a committee, the hearing officer who presided at the hearing shall be present during the committee's consideration of the case and, if requested, shall assist and advise the committee At the conclusion of any hearing which is conducted by a committee, the committee shall prepare a proposed decision, in such form that it may be adopted by the board as the decision in the case, and shall transmit it to the board. The proposed decision shall be subject to the same procedure as the proposed decision of a hearing officer under subdivisions (b) and (c) of Section of the Government Code The board may adopt, amend or repeal, in accordance with -4-

11 the provisions of Chapter 4.5 (commencing with Section 11371), Part 1, Division 3, Title 2 of the GovernmentCode, such rules and regulations as are necessary to implement these sections. Article 3. Application of Chapter In order to safeguard life, health, property and public welfare, any person, either in a public or private capacity, except as in this chapter specifically excepted, who practices, or offers to practice, civil engineering, electrical engineering or mechanical engineering, in any of its branches in this state, including any person employed by the State of California, or any city, county, or city and county, who practices engineering, shall submit evidence that he is qualified to practice, and shall be registered accordingly as a civil engineer, electrical engineer or mechanical engineer by the board [Repealed, Chapter 732, Statutes of It is the intent of the Legislature that the registration requirements which are imposed upon private sector professional engineers and engineering partnerships, firms, or corporation shall be imposed upon the state and any city, county, or city and county which shall adhere to those requirements. Therefore, for the purposes of Section 6730 and this chapter, at least one registered engineer shall be designated the person in responsible charge of professional engineering work for each branch of professional engineering practiced in any department or agency of the state, city, county, or city and county. Any department or agency of the state or any city, county, or city and county which has an unregistered person in responsible charge of engineering work on the effective date of this section shall be exempt from this requirement until such time as the person currently in responsible charge is replaced. 3:JZe </V Civil engineering embraces the following studies or adivitie; in connection with fixed works for irrigation, drainage, waterpower, water supply, flood control, inland watervvays, harbors, municipal improvements, railroads, highways, tunnels, airports and airvvays, purification of water, sewerage, refuse disposal, foundations, framed and homogeneous structures, buildings, or bridges: (a) The economics of, the use and design of, materials of construction and the determination of their physical qualities. (b) The supervision of the construction of engineering structures. (c) The investigation of the laws, phenomena and forces of nature. (d) Appraisals or valuations. (e) The preparation or submission of designs, plans and specifications and engineering reports. Civil engineering also includes city and regional planning insofar as any of the above features are concerned therein. Civil engineers registered priorto January1, 1982, shall be authorized to practice all land surveying as defined in Chapter 15 (commencing with Section 8700) of Division Civil engineering also includes the practice or offer to practice, either in a public or private capacity, all of the following: -5-

12 (a) Locates, relocates, establishes, reestablishes, or retraces the alignment or elevation for any of the fixed works embraced within the practice of civil engineering, as described in Section (b) Determines the configuration or contour ofthe earth's surface orthe position of fixed objects thereon or related thereto, by means of measuring lines and angles, and applying the principies of trigonometry or photogrammetry Any registered civil engineer may offer to practice, procure, and offer to procure, land suiveying work incidental to his or her civil engineering practice, even though he or she is not authorized to perform that work, provided all the land surveying work is performed by, or underthe direction of, a licensed land surveyor or registered civil engineer authorized to practice land surveying. Further, any registered civil engineermay manage or conduct as manager, proprietor, or agent, a civil engineering practice which offers to practice, procure, and Dffers to procure, such incidental land surveying work It is unlawful for anyone other than a professional engineer registered under this chapter, to stamp or seal any plans, specifications, plats, reports, or other documents with the seal or stamp of a professional engineer, or to in any manner use the title "professional engineer," "registered engineer," or "consulting engineer," or any of the following branch titles: "agricultural engineer,}f "chemical engineer," "civil engineer," "control system engineer," "corrosion engineer,}f "electrical engineer,}f "fire protection engineer," "industrial engineer,}f "manufacturing engineer, fi "mechanical engineer,}f "metallurgical engineer, fi "nuclear engineer,}f "petroleum engineer, fi "quality engineer," "safety engineer,}f "traffic engineer," or any combination of such words and phrases or abbreviations thereof unless registered hereunder. i-fili [Amended, Chapter 732, Statutes of 1985J 13,leuu Any person who has been granted permission to use the title ~ "consulting engineer" pursuant to legislation enacted at the 1963, 1965, or 1968 Regular Session is exempt from the provisions of Section 6732 as it restricts the use of the title "consulting engineer," and such exemption shall apply so long as the applicant remains in practice and advises the board of any change of address within 30 days ofsuch change. The board may adopt such rules under provisions of the Administrative Procedure Act as are necessary to implement this section. The provisions of Articles S (commencing with Section 6775), 6 icommencingwith Section 6785), and 7 (commencing with Section 6795) of this chapter shali appiy to all persons who are granted permission to use the title "consulting engineer" pursuantto legislation enacted in 1963 and 1965 and the amendments to this section enacted at the 1968 Reguiar Session..vll mencing with Section 8700) of this division may appiy for, and be issued, a certificate of authority to use the title "consulting engineer," if all of the following requirements are satisfied: (a) Application is made on a form provided by the board and is accompanied by the fees prescribed in Section (b) Information submitted evidences to the satisfaction of the board that the applicant has had five years of independent control in furnishing ~ ~A Any person who possesses a valid certificate to practice LJ.' ~ photogrammetry issued to him under the provisions of Chapter 15 icom- -6-

13 consulting photogrammetric, geodetic, or topographicsurveying services or consulting surveying services in connection with fixed works as defined in Section Authority to use the title "consulting engineer" granted under this section does not affect authorizations made under the several provisions provided in Section Authority to use the titie "consuiting engineer" granted under this section shall remain valid onlywhile its holder's basic license is valid, and if it lapses it may be renewed only as provided in Article 7 (commencing with Section 6795). The provisions of Article 5 (commencing with Section 6775), Article 6 (commencing with Section 6785), and Article 7 (commencing with Section 6795), of this chapter, shall apply to the certificates issued as provided in this section and to the persons 50 certificated It is unlawful for anyone to stamp or seal any plans, specifications, plats, reports, or other documents with the seal after the certificate of the registrant, named thereon, has expired or has been suspended or revoked, unless the certificate has been renewed or reissued Any person practices civil engineering when he professes to be a civil engineer or is in responsible charge of civil engineering work. 110~{~) Any person practices electrical engineering when he professes to be an electrical engineer or is in responsible charge of electrical engineering work. tfo if{u) Any person practices mechanical engineering when he professes to be a mechanical engineer or is in responsible charge of mechanical engineering work All civil engineering plans, specifications, reports or documents shall be prepared by a registered civil engineer or by a subordinate,under his or her direction, and shall be signed by him or her to indicate his or her responsibility for them. In addition to the signature, all final civilengineering plans, specifications, reports, ordocuments shall bear the seal orstamp ofthe registrant, and the expiration date of the certificate or authority. The registered 'civil engineer shall use together with his or her signature or seal, the title "civil engineer" or, ifhe orshe has the authority, the titlellstructural engineer" or, if he or she has the authority, the title "soil engineer." [Amended, Chapter 1134, Statutes of The signing of civil engineering plans, specifications, reports, or documents which relate to the design of fixed works shall not impose a legal duty or responsibility upon the person signing the plans, specifications, reports, or documents to supervise the construction of engineering structures or the construction ofthe fixed works which are the subject ofthe plans, specifications, reports, or documents. However, nothing in this section shall preclude a civil engineer and a client from entering into a contractual agreement which includes a mutually acceptable arrangement for the provision of construction supervision services. Nothing contained in this subdivision shall modify the liability of a civil engineer who undertakes, contractually orotherwise, the provision ofconstruction supervision services for rendering those services. {Added, Chapter 7507, Statutes of

14 Notwithstanding Section 6735, a registered civil engineerwho signs civil engineering plans, specifications, reports, or documents shall not be responsible for damage caused bysubsequent changes to or uses ofthose plans, specifications, reports, or documents, where the subsequent changes or uses, including changes or uses made by state or local governmental agencies, are not authorized or approved by the registered engineer who originalfy signed the plans, specifications, reports, or documents, provided that the engineering service rendered by the civil engineer who signed the plans, specifications, reports, ordocuments was nota/so a proximate cause of the damage. [Added, Chapter 1507, Statutes of All electrical engineering plans, specifications, reports, or documents prepared by a registered electrical engineer or by a subordinate under his or her direction shali be signed by the engineer to indicate his or her responsibility for them. In addition to his or her signature, the engineer shall show his or her registration number or the stamp of his or her seal. IRenumbered and Amended, Chapter 1507, Statutes of All mechanical engineering plans, specifications, reports, or documents prepared by a registered mechanical engineer or by a subordinate under his or her direction shall be signed by the engineer to indicate his or her responsibilityforthem.ln addition to his or hersignature, the engineer shall show his or her registration number or the stamp of his or her seal. [Renumbered and Amended, Chapter 1507, Statutes of ee No person shall use the title, "structural engineer," unless he is a if t.f( registered civil engineer in this State and, furthermore, unless he has been found qualified as a structural engineer according to the rules and regulations established therefor by the board (aj On or after July 1,1984, no person shali use the title, "soil engineer," unless he orshe is a registered civil engineer in this state and he or she has been found qualified as a soil engineer according to the rules and regulations established therefor by the board. Any registered civil engineer using the title "soil engineer" on or before July 1,1984, may, for a period of two years, continue to use the title "soil engineer." On and after July 1, 1986, no person may use the title "soil engineer," "soils engineer," or "geotechnical engineer,"unless he orshe files an application to use the appropriate title with the board and the board determines the applicant is qualified to use the requested title. IbJ The board shall establish qualifications and standards to use the title "soil engineer,""soils engineer," or"geotechnical engineer." However, each applicant shall demonstrate a minimum of four years qualifying experience beyond that required for registration as a civil engineer, and shall pass the examination specified by the board, unless the applicant is exempted pursuant to subdivision (dj. [e) In determining the qualifications and standards for qualification of individual applicants to use the title "soil engineer," "soils engineer," and "geotechnical engineer" the board shall utilize a Technical Advisory Committee appointed by the board. The Technical Advisory Committee shall be comprisedofsoil engineers, soils engineers, andgeotechnical engineers, and at least one registered civil engineer who does not hold a soils authority. IdJ If any registered civil engineer furnishes satisfactory evidence of at least six years qualifying experience in soil engineering, soils engineering. or -8-

15 geotechnical engineering, as determined by t"'eboard, the board shall authorize that engineer to use the title "soil engineer," "soils engineer," or "geotechnical engineer" without an examination. This subdivision shall continue in effect only until December 31,1987. (e) For purposes of this section, "qualifying experience" means proofof responsible charge of soil engineering projects in at least 50 percent of the major areas of soil engineering. as determined by the board. (f) Nothing contained in this chapter requires existing references to usoi! engineering." "soils engineering," "geotechnical engineerin&" "soil engineer," "soils engineer." or "geotechnical engineer," in local agency ordinances, building codes, regulations, or policies, to mean that those activities or persons must be registered or authorized to use the relevant title or authority. [Amended, Chapter 992, Statutes of 1985J An architect, who holds a certificate to practice architecture in this State under the provisions of Chapter 3 of Division 3 of this code insofar as he practices architecture in its various branches, is exempt from registration under the provisions of this chapter (a) This chapter does not prohibit any person from preparing plans, drawings, or specifications for any of the following: (7) Single-family dwellings of woodframe construction not more than two stories and basement in height. (2) Multiple dwellings containing no more than four dwelling units of woodframe construction not more than two stories and basement in height. However, this- paragraph shall not be construed as allowing an unlicensed person to design multiple clusters of up to four dwelling units each to form apartment orcondominium complexes where the total exceeds four units on any lawfully divided lot. (3) Garages or other structures appurtenant to buiidings described under subdivis~on (a), ofwoodframe construction not more than two stories and basement in height. (4) Agricultural and ranch buildings of woodframe construction, unless the building official havingjurisdiction deems that an undue risk to the public health, safety or welfare is involved. (b) Ifany portion ofany structure exempted by this section deviates from conventional framing requirements for woodframe construction found in Chapter 25 of the 1985 Edition of the Uniform 8uilding Code or tables of limitation for woodframe construction, as defined by the applicable building code duly adopted by the local jurisdiction or the state, the building official having jurisdiction shall require the preparation ofplans, drawings, specifications, or calculations for that portion by, or under the direct supervision of, a licensed architect or registered engineer. The documents for that portion shall bear the stamp and signature ofthe licensee who is responsible for their preparation. [Amended, Chapter 1327, Statutes of 1985J Nothing in this chapter shall prohibit a civil engineer, registered under the provisions of this chapter, from practicing or offering to practice any engineering in connection with or supplementary to civil engineering studies or activities as defined in Section

16 For the purpose of this chapter a tontractor, licensed under Chapter9 (commencing with Section 7000) of Division 3, is exempt from the provisions of this chapter relating to the practice of electrical or mechanical engineering so long as the services he holds himselfout as able to perform or does perform, which services are subject to the provisions of this chapter, are performed on behaif of the contractor by, or under the responsible supervision of a registered electrical or mechanical engineer insofar as the electrical or mechanical engineer practices the branch of engineering for which he is registered This chapter does not prohibit a contractor, licensed under Chapter 9 (commencing with Section 7000) of Division 3, while engaged in the business of contracting for the installation of electrical or mechanical systems or facilities, from designing such systems or facilities in accordance with applicable construction codes and standards for work to be performed and supervised by such contractor within the classification for which his license is issued, or from preparing electrical or mechanical shop or field drawings for work which he has contracted to perform. Nothing in this section is intended to imply that a licensed contractor may design work which is to be installed by any other person. "'' j b (a) This chapter does not prohibit one or more civil, electrical or 'mechanical engineers from practicing or offering to practice within the scope of their registration, civil, electrical or mechanical engineering through the medium of a partnership, firm or corporationi provided: (1) A civit electrical or mechanical engineer is the partner, member, or directing officer in charge of the engineering practice of the partnership, firm, or corporation. (2) All engineering plans, specifications, and reports are prepared by or under the direct supervision of a registered engineer in the appropriate branch of professional engineering, who shall sign or stamp with his seal such plans, specifications, and reports. (3) The partnership, firm or corporate name shall not contain the name of any person who is either not registered by the board in a branch of professional engineering, or as an architect, or of any person who is not registered as a geologist under the provisions of the Geologist Act (Chapter 12.5, commencing with Section 7800, of this division); provided, that any holding out by such partnership, firm, or corporation of any individual or individuals to the public as a member, or members, ofsuch partnership, firm, or corporation, other than by the use of the name or names of such individual or individuals in the partnership, firm, or corporate name, shall clearly and specifically designate the iicense status of such individual or individuals. (b) Except as provided in Section , nothing herein shall authorize the offering to practice or the practice of civil, electrical or mechanical engineering by any persons, either as a member, officer or employee of any partnership, firm, or corporation, who is not registered in the appropriate branch of professional engineering. (c) This chapter does not prevent or prohibit an individual, firm, company, association or corporation engaged in any line of business other than the practice of civil, electrical or mechanical engineering from employing a registered civil, electrical or mechanical engineer to perform the corresponding civil, electrical or mechanical engineering services incidental to the conduct of their business

17 (d) The provisions of this section shall not apply to, or prevent the use of the name of, any partnership, firm, orcorporation engaged in rendering civil engineering services which lawfully is in existence, or was lawfully in existence on or after September 3D, 1947; provided, all civil engineering plans, specifications, and reports are prepared by or under the direct supervision of a registered civil engineer, who may be a member of the firm, or a permanent employee of the partnership, firm, or corporation; provided further, that all civii engineering plans, specifications and reports shall be signed by or stamped with the seal of the registered civil engineer in charge of the preparation of the same. Nor shall they apply to or prevent the use of the name of any partnership, firm, or corporation engaged in rendering electrical or mechanical engineering services which lawfully is in existence, orwas lawfully in existence, on or after December 31, 1967i provided all electrical or mechanical engineering plans, specifications, and reports are prepared correspondingly by or under the direct supervision of a registered electrical or mechanical engineer, who may be a member of the firm, or a permanent employee of the partnership, firm, or corporation; provided further that all electrical or mechanical engineering plans, specifications and reports shall correspondingly be signed by or stamped with the seal of the registered electrical or mechanical engineer in charge of the preparation of the same. (e) The provisions of this section shall hot prevent the use of the name of a partnership, firm, or corporation engaged in rendering professional engineering services which lawfully is in existence or was lawfully in existence on or after September30,1947, by any lawful successor in interest or survivor if the board, upon written application informing it of the proposed method of carrying on the business and of the changes, if any, in personnel in charge ofthe engineering activities ofthe successororsurvivor, determines, after investigation, that the actual operating organization ofthe partnership, firm, orcorporation is substantially carried into and becomes an operating part of the successor or survivor and that the public safety, health, and welfare will not be impaired; provided that in the practice of professional engineering such successor in interest or survivor shall otherwise be subject to the provisions of paragraphs (1) and (2) of subdivision (a) of this section. r):1o'? The provisions of Section 6738 shall not prevent a partner-, ship, firm, or corporation engaged in rendering professional engineering services from using in its name the name of a deceased or retired person where (a) the deceased or retired person's name had been used in the name of such partnership, firm, corporation, or a predecessor in interest of such partnership, firm, or corporation, for a period of five consecutive years prior tq the death or retirement and continuously after the death or retirement, and where (b) the deceased or retired person shall have been a partner of such partnership, memberofsuch firm, shareholderofsuch corporation, ora partner, member, or shareholder of such predecessor in interest of the partnership, firm or corporation, and where (c) the deceased or retired person shall have been registered by the board in a branch of professional engineering, or as an architect continuously for a period of five years prior to his death or retirement, if the board, upon written application informing it of the proposed method of carrying on the business and of the changes, ifany, in personnel in charge ofthe engineering activities of such partnership, firm, or corporation, determines, after investigation, that the actual operating organization thereof is othelwise substantially the same as prior to the -11 -

18 death or retirement and that the public safety, health, and welfare will not be impaired; provided that a retired person has consented to the continued use of his name, does not engage in the practice of professional engineering in California with any other partnership, firm, or corporation during the period of such consent, and does not permit the use of his name in the practice of professional engineering in California during the period of such consent by anyone other than the partnership, firm, or corporation from which he retired; and provided further that in the practice of professional engineering through such partnership, firm, or corporation it shall continue to be so carried on and shall otherwise be subject to the provisions of paragraphs (1) and (2) of subdivision (al ofsection A partnership, firm, or corporation, which has complied with the provisions of subdivision (el of Section 6738 shall be exempted from compliance with this section. Any partnership, firm, or corporation using in its name the name of a deceased person as provided for in this section shall designate on its letterheads and other listings of firm personnel the years in which the deceased was born and died Notwithstanding the provisions of subdivision (a) of Section 6738 the name of a partnership, firm, or corporation under which an engineer offers to and does practice may contain the names of licensed land surveyors, if all other conditions of Sections 6738 and 8729 are complied with Officers and employees of the United States of America practicing solely as such officers or employees are exempt from registration under the provisions of this chapter A subordinate to a civil, electrical or mechanical engineer registered under this chapter, or a subordinate to a civil, electrical or mechanical engineer exempted from registration under this chapter, insofar as he acts solely in such capacity, is exempt from registration under the provisions of this chapter. This exemption, however, does not permit any such subordinate to practice civil, electrical or mechanical engineering in his own right or to use the title, "civil engineer" or "structural engineer" or "electrical engineer" or "mechanical engineer" or "soil engineer." Any person, firm, partnership, or corporation is exempt from registration under the provisions of this chapter who meets all of the following: (al Is a nonresident of the State of California. (b) Is legally qualified in another state to practice as a civil engineer. (c) Does not maintain a regular place of business in this state. (d) Offers to but does not practice civil engineering in this state Any person, firm or corporation holding a license as real estate brokeror real estate salesman, when making appraisals and valuationsofreal estate properties, while engaged In the business or acting in the capacity of a real estate broker or a real estate salesman, within the meaning of the California Real Estate Act is exemptfrom registration under the provisions of this chapter This chapter does not affect Chapter 1S of Division 3 of this code, relating to surveyors, except insofar as this chapter is expressly made applicable

19 6744. This chapter does not require registration for the purpose of practicing civil engineering, by an individual, a member of a firm or partnership, or by an officer of a corporation on or in connection with property owned or leased by the individual, firm, partnership, or corporation, unless the civil engineering work to be performed involves the public heaith at safety or the health and safety of empioyees ofthe individual, firm, partnership or corporation This chapter does not prohibit any person, firm or corporation from furnishing, either alone or with subcontractors, labor and materials, with or without plans, drawings,. specifications, instruments of service or other data covering such labor and materials: (a) For store fronts, interior alterations or additions, fixtures, cabinet work, furniture or other appliances or equipment. (bl For any work necessary to provide for their installation. (c) For any alterations or additions to any building necessary to or attendant upon the installation of such store fronts, interior alterations or additions, fixtures, cabinet work, furniture, appliances or equipment; provided, such alterations do not affect the structural safety of the building Plans, specifications, reports and documents relating to communication lines and equipment prepared by employees of communications companies which come under the jurisdiction of the Public Utilities Commission, and by employees of contractors while engaged in work on communication equipment for communications companies which come under the jurisdiction of the Public Utilities Commission, are not subject to the provisions of this chapter This chapter, except for those provisions which appiy to civii engineers and civil engineering, shall not be applicable to the performance of engineering work by a manufacturing, mining, public utility, research and development or other industrial corporation or by employees of such corporation, provided such work is in connection with or incidehtal to the products, systems, or services of such corporation or its affiliates. Article 4. Registration An application for registration as a professional engineer or certification as an engineer-in-training shall be made to the board on the prescribed form, with all statements made therein under oath, and shall be accompanied by the appiication fee prescribed by this chapter. An application for registration as a professional engineer shall specify, additionally, the branch of engineering in which the applicant desires registration. tjli~'j-1o raj The appiicantfor certification as an engineer-in-training shall '~bo I ' comply with all of the following: (1) Nothave committed acts orcrimes constituting grounds fordenial of registration under Section 480. (2) Successfully pass the first division of the examination. The applicant shall be eligible to sit for the first division ofthe examination aftersatisfactory completion of three years or more of college or university education in a board-approved engineering curriculum orafter completion ofthree years or more of board-approved experience

20 The board need not verify the applicant's eligibility other than to require the applicant to sign a statement of eligibility on the application form. (b) The applicant for registration as a professional engineershall comply with all of the following: (1) Not have committed acts orcrimes constituting grounds fordenial of registration under Section 480. (2) Furnish evidence of six years or more of qualifying experience in engineering work satisfactory to the board evidencing that the applicant is cempetent to practice the character of engineering in the branch for which he or she is applying for registration, and successfully pass the second division of the examination. (3) The applicant for the second division of the examination shall successfully pass the first division examination or shall be exempt therefrom. [Amended, Chapter 1134, Statutes of 1985] The board may consider the professional experience and education acquired by applicants outside the United States which in the opinion of the board is equivalent to the minimum requirements of the board established by regulation for professional experience and education in this state The board shall by rule establish the criteria to be used for approving curricula of schools of engineering An applicant for registration as a civil engi neer must have gained his experience under the direction of a civil engineer iegally qualified to practice With respect to applicants for registration as professional engineers, the board: la) Shall give credit as qualifying experience offour years, for graduation with an engineering degree from a college or university the curriculum of which has been approved by the board. (b) May at its discretion give credit as qualifying experience up to a maximum of two years, for graduation with an engineering degree from a nonapproved engineering curriculum or graduation with an engineering technology degree in an approved engineering technology curriculum. (e) May at its discretion give credit as qualifying experience ofup to onehalf year, for each year of successfuily completed study of undergraduate education in an engineering curriculum up to a maximum offouryears credit. A year ofstudy ofundergraduate education shall be at least 30 semester units or 45 quarter units. (dj May at its discretion give creditas qualifying experience not in excess of one year, for satisfactory postgraduate work in a school of engineering with a board approved postgraduate curriculum. (ej May at its discretion give credit as qualifying experience for engineering teaching, not in excess ofone year.. if of a charactersatisfactory to the board. [Amended, Chapter 1134, Statutes of Ali applicants shali be given equal credit for engineering experience in the armed forces of United States as with any other comparable engineering experience

21 6754. Examination for registration shall be held at such times and piaces as the board shall determine. The second division of the examination for all branches specified in Section 6732 shall be administered at least once each year. Work of the board relating to examination and registration may be divided into committees as the board shall direct. The scope of examina- v' tions and the methods of procedure may be prescribed by board ruie. V [Amended, Chapter 732, Statutes of 19851!j3~ (a) Examination duration and composition shall be designed to conform to the following general principie: The first division of the examination shall test the applicant's knowiedge of appropriate fundamental engineering subjects, including mathematics and the basic sciences; the second division of the examination shall test the appiicant's abiiity to apply his or her knowledge and experience and to assume responsible charge in the professionai practice of the branch of engineering in which the applicant is being examined. (b) The applicant for the second division of the examination shall have successfully passed the first division examination or shall be exempt therefrom. (c) The board may by ruie provide for a waiver of the first division of the examination for applicants whose education and experience qualifications substantially exceed the requirements of Section (d) The board may by ruie provide for a waiver of the second division of the examination for persons eminently qualified for registration in this state by virtue of their standing in the engineering. community, their years of experience, and those other qualifications as the board deems appropriate. [Amended, Chapter 1134, Statutes of 1985J The second division of the examination for registration as a professional engineer shall include questions to test the applicant's knowledge ofstate laws and the board's rules and regulations. The second division of the examination for registration as a civil engineer shall also include questions to test the applicant's knowledge of seismic principles and engineering surveying principles as defined in Section The board shall administer the questions to test the applicant's knowledge ofseismic principles and engineering surveying principles as a separate part of the second division ofthe examination for registration as a civil engineer. [Added, Chapter 1134, Statutes of The board shall prepare and distribute to applicants for the second division ofthe examination, a plain language pamphlet describing the important laws and the board's rules and regulations regulating the practice ofprofessional engineerin gin th e state. That portion ofthe second division of the examination for registration as a professional engineer, testing the applicant's knowledge of state laws and the board's rules and regulations, shall be based upon the information contained in the pamphlet prepared by the board. The board shall administer the test on state laws and board rules regulating the practice of professional engineering in this state as a separate part of the second division of the examination for registration as a professional engineer. [Added, Chapter 1134, Statutes of

22 ;..f) ift,1t i756. (a) An applicant for certification as ali engineer-in-training shall, upon making a passing grade in that division of the examination prescribed in Section 6755 of this chapter, relating to fundamental engineering subjects, be issued a certificate as an engineer-in-training. No renewal or other fee, other than the application fee, shall be charged for this certification. Such certificate shall become invalid when the holder has qualified as a professional engineer as provided in Section 6762 of this chapter. (b) An engineer-in-training certificate does not authorize the holder thereof to practice or offer to practice civil, electrical or mechanical engineering work, in his own right, or to use the titles specified in Section [Repealed, Chapter 108, Statutes of [Repeaied, Chapter 896, Statutes of Applicants who profess to be qualified in more than one branch of engineering shall be required to fiie an application for each branch in which they wish to be registered An applicant failing in an examination may be examined again upon filing a new application and the payment of the application fee fixed by this chapter The board, upon application therefor, on its prescribed form, and the payment of the application fee fixed by this chapter, may issue a certificate of registration as a professional engineer, without written examination, to any person holding a certificate ofregistration issued to him or her by any state or country when the applicant's qualifications meet the requirements of this chapter, and ruies established by the board. The board sha.1f not require a comity applicant to meet any requirement not required of California applicants. For purposes ofthis section, equivalent second division examinations shalf be eight-hour written examinations prepared by or administered by a state or territory either bysingle or combined branch at the level generally administered by the board to persons who passed or were exempted from the first division examination. Applicants who have passed an equivalent second division combined branch or a single branch examination in a branch not recognized for registration in California shall be registered in the branch in which their experience and education indicate the closest relationship. [Amended, Chapter 732, Statutes of 1985J A temporary authorization for the practice of engineering in a branch defined by this chapter may be granted, for a specific project, upon application and payment of the fee prescribed in Section 6799 for a period not to exceed 60 consecutive days in any calendar year if the applicant complies with all of the following: (a) The applicant maintains no place of business in this state. ibl The applicant is legally quaiified to practice that branch of engineering in the state or country where he or she maintains a place of business. (c) The applicant demonstrates by means of an individual appearance before the board satisfactory evidence of his or her knowledge of the application of seismic forces in the design of structures or adequate knowledge in any of the other phases of civil and professional engineering -16 -

23 forwhich the applicantproposes to practice underthe temporajy authorization. If the applicant can satisfy the board that completion of the specific project for which the authorization is granted, will require more than 60 consecutive calendar days, the board may extend the authorization to a period not to exceed 120 consecutive days. Upon completion of the requirements, the executive officer on direction of the board shall issue a temporajy authorization to the applicant In determining the qualifications of an applicant for registration, a majority vote of the board is required Any applicantwho has passed the second division examination and has otherwise qualified hereunderas a professional engineer, shah have a certificate of registration issued to him or her as a professional engineer in the particular branch for which he or she is found qualified. [Amended, Chapter 1134, Statutes of Application for authority to use the title "structural engineer/' "soil engineer," "soils engineer," or "geotechnical engineer" shall be made to the board on forms prescribed by it and shall be accompanied by the application fee fixed by this chapter. An applicant for authority to use the title "structural engineer," "soil engineer," "soils engineer," or "geotechnical engineer"who has passed the examination prescribed by the board, or an applicant for authorityto usethe title "soil engineer," "soils engineer," or "geotechnical engineer" whose application is submitted prior to July 1, 1986, and who has otherwise demonstrated that he or she is qualified, shall have a certificate of authority issued to him or her. For purposes of this chapter, an authority to use the title "structural engineer,"l/soil engineer,""soils engineer, /I or"geotechnical engineer" is an identification of competence and specialization in a subspecialty of civil engineering and necessitates education or experience in addition to that required for registration as a civil engineer. [Amended, Chapter 992, Statutes of if/.j I If an applicant for registration as a professional engineer or certification as an engineer-in-training, or for authorization to use the title "structural engineer" or "soil engineer," is found by the board to lack the qualifications required for admission to the examination for such registration, certification, or authorization, the board may, in accordance with the provisions of Section 158 of this code, refund to him or her one-half of the amount of his or her application fee Each professional engineer registered under this chapter sha'" upon registration, obtain a seal orstamp ofa design authorized bythe board bearing the registrant's name, number of his or her certificate or authority, the legend IIprofessional engineer" and the designation of the particular branch or authority in which he or she is registered, and may bear the expiration date of the certificate or authority. [Amended, Chapter 1134, Statutes of 1985] A duplicate certificate of registration to replace one lost, destroyed, or mutilated may be issued subject to the rules and regulations of the board.the duplicate certificate fee fixed by this chaptershall be charged

24 6766. An unsuspended, unrevoked and unexpired certificate and endorsement of registry made under this chapter, is presumptive evidence in all courts and places that the person named therein is legally registered [Repealed, Chapter 732, Statutes of 1985J [Repealed, Chapter 896, Statutes of 197sJ Article 5. Disciplinary Proceedings The board may receive and investigate complaints against registered professional engineers, and make findings thereon. Bya majority vote, the board may reprove, privately or publicly, or may suspend for aperiod not to exceed two years, or may revoke the certificate of any professional engineer registered hereunder: (a) Who has been convicted of a crime substantially related to the qualifications, functions and duties of a registered professional engineer, in which case the certified record of conviction shall be conclusive evidence thereof. (b) Who has been found guilty by the board of any deceit, misrepresentation, violation of contract, fraud, negligence or incompetency in his practice. (e) Who has been found guilty of any fraud or deceit in obtaining his certificate. (d) Who aids orabets any person in the violation of any provisions ofthis chapter. (e) Who violates any provision of this chapter The proceedings under this article shall be conducted in accordance with Chapter 5 of Part 1 of Division 3 of Title. 2 of the Government Code, and the board shall have all the powers granted The board may reissue a certificate of registration, certification, or authority, to any person whose certificate has been revoked if a majority of the members of the board vote in favor of such reissuance for reasons the board deems sufficient [Repealed, Chapter 8B7, Statutes of 194sJ A plea orverdictofguiltyoraconviction following a plea of nolo contendere made to a charge substantially related to the qualifications, functions and duties of a registered professional engineer is deemed to be a conviction within the meaning of this article. The board may order the certificate suspended or revoked, or may decline to issue a certificate, when the time for appeal has elapsed, or the judgment of conviction has been affirmed on appeal orwhen an order granting probation is made suspending the imposition of sentence, irrespective of a subsequent order under the provisions of Section of the Penal Code allowing such person to withdraw his plea of guilty and to enter a plea of not guilty, or setting aside the verdict of guilty, or dismissing the accusation, information orindictment [Repealed, Chapter 1667, Statutes of 1967J -18-

25 Article 6. Offenses Against the Chapter The board shall have the power, duty, and authority to investigate violations of the provisions of this chapter It is the duty of the respective members of the legal system to prosecute all persons charged with the violation of any of the provisions of this chapter.. It is the duty ofthe executive officer of the board, underthe direction of the board, to aid these officers in the enforcement of this chapter Every person is guilty of a misdemeanor and for each offense of which he or she is convicted is punishable by a fine of not more than one thousand dollars ($1,000) or by imprisonment not to exceed three months, or by both fine and imprisonment: (a) Who, unless he orshe is exem pt from registration under this chapter, practices or offers to practice civil, electrical, or mechanical engineering in this state according to the provisions ofthis chapter without legal authorization. (b) Who presents or attempts to file as his or her own the certificate of registration of another. (e) Who gives false evidence of any kind to the board, orto anymember thereof, in obtaining a certificate of registration. (d) Who impersonates or uses the seal of any other practitioner. (e) Who uses an expired or revoked certificate of registration. (fl Who shall represent himseiforherselfas, oruse the title of, registered civil, electrical, or mechanical engineer, or any other title whereby such person could be considered as practicing or offering to practice civit electrical, or mechanical engineering in any of its branches, unless he or she is correspondingly qualified by registration as a civil, electrical, or mechanical engineer under this chapter. (g) Who, unless appropriately registered, manages, or conducts as manager, proprietor, or agent, any place of business from which civil, electrical, or mechanical engineering work is solicited, performed, or practiced. (h) Who uses the title, or any combination ofsuch title, of"professional engineer," "registered engineer," or the branch titles specified in Section 6732~ or the authority titles specified in Section 6763, or "engineer-intraining," or who makes use of any abbreviation of such title which might lead to the belief that he or she is a registered engineer, without being registered as required by this act. (i) Who uses the title "consulting engineer" without being registered as required by this act orwithout being authorized to use such title pursuant to legislation enacted at the 1963, 1965 or 1968 Regular Session. (j) Who violates any provision of this chapter. [Amended, Chapter 732, Statutes of Article 7. Revenue Certificates of registration as a professional engineer, and certificates of authority, shall be valid for a period of four years from the -19 -

26 assigned date of renewal. Quadrennial renewals shall be staggered on a quarterly basis. To renew an unexpired certificate, the certificate holder shall, on or before the date of expiration indicated on the renewal receipt, applyforrenewal on a form prescribed by the board, and pay the renewal fee prescribed by this chapter Within 60 to 90 days prior to the expiration ofa certificate of registration or certificate ofauthority, the board shall mail to the registrant or authority holder a notice ofthe pending expiration. That notice shall include application forms for renewal. If there is no response by the expiration date, the board shall provide a second notice, by certified or registered man to the registrant's or authority holder's address. [Added, Chapter 1134, 5tatutes of Except as otherwise provided in this article, certificates of registration as a professional engineer, and certificates'of authority may be renewed at any time within five years after expiration on filing of application for renewal on a form prescribed by the board and payment of the renewal fee in effect on the last preceding regular renewal date. If the certificate is renewed more than 60 days after its expiration, the certificate holder, as a condition precedent to renewal, shall also pay the delinquency fee prescribed by this chapter. Renewal under this section shall be effective on the date on which the application is filed, on the date on which the renewal fee is paid, or on the date on which the delinquency fee, if any, is paid, whichever last occurs. [Amended, Chapter 1134, Statutes of A suspended certificate is subject to expiration and shall be renewed as provided in this article, but such renewal does not entitle the holderof the certificate, while it remains suspended and until it is reinstated, to engage in the activity to which the certificate relates, or in any other activity or conduct in violation of the order or judgment by which it was suspended A revoked certificate is subject to expiration as provided in this article, but it may not be renewed. If it is reinstated after its expiration, the holder of the certificate, as a condition precedent to its reinstatement, shall pay a reinstatement fee in an amount equal to the renewal fee in effect on the last regular renewal date before the date on which it is reinstated, plus the delinquency fee, if any, accrued at the time of its revocation. ~ 8q Certificates of registration as a professional engineer, and certificates of authority to use the title "structural engineer," "soil engineer," or "consulting engineer" which are not renewed within five years after expiration may not be renewed, restored, reinstated, or reissued unless all the following apply: (a) The registrant or certificate holder has not committed any acts or crimes constituting grounds for denial of registration orof acertificate under Section 480.!fthe registrant or certificate holder has been practicing with an expired license or delinquent license, the board may, in its discretion, deny the application for renewal, restoration, reinstatement, or reissuance, and may file a statement of issues, as described in Section of the Government Code, based upon the registrant's or certificate holder's practice with an expired or delinquent license. The board may also, in its discretion, renew, restore, reinstate, or reissue a license if the applicant has been -20-

27 practicing with an expired license or delinquerrt license, and the board may attach conditions to the renewal, restoration, reinstatement, or reissuance of the expired license or delinquent license. (b) The registrant or certificate holder takes and passes the examination, if any, which wouid be required of him orher if he orshe were then applying for the certificate for the first time, or oth erwise establishes to the satisfaction of the board that, with due regard for the public interest, he or she is qualified to practice the branch of engineering in which he or she seeks renewal or reinstatement. (c) The registrant or certificate holder pays all of the fees that would be required of him or her if he or she were then applying for the certificate for the first time. The board may, by regulation, provide for the waiver or refund of all or any part of the application fee in those cases in which a certificate is issued without an examination pursuant to the provisions of this section. [Amended, Chapter 1134, Statutes of Once an expired or delinquent certificate of registration or certificate ofauthority is renewed, restored, reinstated, or reissued pursuant to Section 6796 or , all the following shall apply: (aj The board shall continue to have full jurisdiction and authority over the registrant or certificate holder as if the registration or authority had not expired or become delinquent. (bj The work performed by the registrant or certificate holder during a period of expiration or delinquency shall be deemed lawful and validly performed as to persons or entities other than the registrant or authority holder. (e) The renewal, restoration, reinstatement, or reissuance of a registration or certificate of authority shall not affect liability issues regarding work performed during a period ofexpiration or delinquency, nor does the fact of performance during a period of expiration on delinquency aff~ct liability issues. [Added, Chapter 1134, Statutes of 1985) Notwithstanding any other provision of law, the board may adopt rules to provide an opportunity from January 1, 1986, to December31, 1987, for current delinquent registrants to have their certificate ofregistration or certificate of authority renewed, restored, reinstated, or reissued. The board may provide a special fee indudingany appropriate penalties for such action. The board may require the taking ofan examination ifthe applicant's certificate or authority is more than five years delinquent. [Added, Chapter 1134, Statutes of 1985J The department shall receive and accountforall money derived from the operation of this chapter and, at the end of each month, shall report such money to the State Controller and shall pay itto the State Treasurer, who shall keep the money in a separate fund known as the Professional Engineer's and Land Surveyor's Fund. For accounting and recordkeeping purposes, the Professional Engineer's and Land Surveyor's Fund shall be deemed to be a single special fund, and shall be available for expenditure only for the purposes as are now or may hereafter be provided by law. - 21

28 The fees and civil penalties received under this chapter shall be deposited in the Professional Engineer's and Land Surveyor's Fund. All moneys in the fund are hereby appropriated forthe purposes ofthis chapter The board may make refunds of all fees in accordance with Section 158 of this code The amount of the fees prescribed by this chapter shall be fixed by the board in accordance with the following schedule: (a) The fee for filing each application for registration as a professional engineer and each application for authority level designation at not more than one hundred seventy-five dollars ($17S), and for each application for certification as an engineer-in-training at not more than sixty dollars ($60). (b) The temporary registration fee for a professional engineer at not more than 2S percent of the application fee in effect on the date of application. (c) The renewal fee for each branch ofprofessional engineering in which registration is held, and the renewal fee for each authority level designation held, at no more than the professional engineer application fee currently in effect. (d) The delinquency fee at not more than 50 percent of the renewal fee in effect on the date of reinstatement. (e) All other document fees are to be set by the board by rule. Applicants wishing to be examined in more than one branch of engineering shall be required to pay the additional fee for each examination after the first. -22-

29 Business and Professions Code State of California Sections 8700 to 8805 (As Amended January 1, 1986) land Surveyors Act -23 -

30 History Amendments enacted in 7985 were: 7) 58784, Chapter 7507, Statutes of 7985, which added Section , effective January 7, 7986; 2) , Chapter 670, Statutes of 7985, which amended Sections 8726 and 8730, effective January 7,

31 Note For the reader's convenience all new language adopted during 1985 is printed in italics

32 Chapter 15. land S urveyors Article 1. General Provisions This chapter of the Business and Professions Code constitutes the chapter on land surveyors. It may be cited as the Land Surveyors' Act. 'rd>!f'b) "Land surveyor" refers to one who practices or offers to practice land surveying "Director" refers to the Director of Consumer Affairs The phrase "responsible charge of work" means the independentcontrol and direction, by the use of initiative, skill and independent judgment, of the observations, measurements and descriptions involved in land surveying work Any person practices land surveying when he professes to be a land surveyor or is in responsible charge of land surveying work A subordinate is any person directly supervised by a licensed land surveyor or registered civil engineer and who assists a licensed land surveyor orregistered civil engineer in the practice of land surveying without assuming responsible charge of work "Board" refers to the State Board of Registration for Professional Engineers and SUiveyors "Executive officer" refers to the executive officer of the board. Article 2. Administration 871 O. The State Board of Registration for Professional Engineers and "land Surveyors is vested with power to administer the provisions and requirements of this chapter, and may make and enforce rules and regulations which are reasonably necessary to carry out its provisions The executive officer of the board shall keep acomplete record of all applications for license and the board's action thereon The executive officer shall prepare, once every four years, a roster showing the names and addresses of all licensed land surveyors and containing all the rules and regulations adopted by the board for the administration of this chapter. The roster shall be a part of the roster of registered professional engineers issued by the board. Between July 1 and December 1 of each year, except the year in which the roster is prepared, the executive officer shall prepare a supplemental roster showing changes in and additions to the roster. Copies of the roster and the supplemental roster shall be filed with the Secretary of State. Copies of the roster and the supplemental roster shall be available to the general public on application to the executive officer at the price per copy fixed by the board. All records shall be public records. -27-

33 8713. The department may employ such clerical assistance undercivil service regulations as may be necessary properly to carry out and enforce the provisions of this chapter [Repealed, Chapter 108, Statutes of 1971] 871 S. The board, when it deems necessary, may establish licensed land surveyor investigation committees to assist the board in the investigation of claims of violation of any provision under this chapter. Each committee shall report its finding and recommendations to the board. Any member of such a committee may act as an expert witness at a hearing conducted by the board when the hearing is conducted as a result of the committee's investigation. Each committee shall exist so long as the board deems that it is necessary Each member of each committee shall be appointed by the board and shall serve at the pleasure of the board. Each committee shall be composed of no more than five members Each member of each committee shall be licensed under this chapter All members of each committee shall serve without compensation but shall receive per diem and expenses as provided in Section Each member of each investigation committee shall be granted the same immunity as is granted to a public employee pursuant to Article 3 (commencing with Section 820) of Chapter 1 of Part 2 of Division 3.6 of Title 1 of the Government Code. Article 2.3. land Surveyors Review Committees The board, when it deems necessary, may establish land suiveyors review co(llmittees to hear all matters assigned by the board, including, but not limited to, any contested case which is assigned by the board. Each committee shall exist so long as the board deems that it is necessary Each review committee shall consist of no fewer than three licensed land surveyors appointed by the board. Each member of a committee shall have the same qualifications and shall be subject to the same rules and regulations as if he were a member of the board Each member of a committee shall receive a per diem and expenses as provided in Section Except as othelwise provided in this article, all hearings which are conducted by a committee shall be conducted in accordance with the provisions of Chapter 5 (commencing with Section 11500), Part 1, Division 3, Title 2 of the Government Code. If a contested case is heard by a committee, the hearing officer who presided at the hearing shall be present during the committee's consideration of the case and, if requested, shall assist and advise the committee

34 At the conclusion of any hearing which is conducted by a committee, the committee shall prepare a proposed decision, in such form that it may be adopted by the board as the decision in the case, and shall transmit it to the board. The proposed decision shall be subject to the same procedure as the proposed decision of a hearing officer under subdivision (b) and (d of Section 11 S17 of the Government Code The board may adopt, amend or repea;, in accordance with the provisions of Chapter 4.S (commencing with Section 11371), Part 1, Division 3, Title 2 of the GovernmentCode, such rules and reguiations as are necessary to implement the provisions of this article. Article 3. Application of the Chapter Any person practicing, or offering to practice, land surveying in this State shall submit evidence that he is qualified to practice and shall be licensed under this chapter. It is unlawful for any person to practice, offer tp practice, or represent himself, as a land surveyor in this State, arto set, reset, replace or remove any survey monument on land in which he has no legal interest, unless he has been licensed or specifically exempted from licensing under this chapter. /.fotff' A person, including any person employed by the state or by a city, county, or city and county within the state, practices land surveying ~ with...jn the meaning of this chapterwho, either in a public or private capacity,.).<'1 does or offers to do anyone or more of the following: ~ ':::).:~O{i~a) locates, relocates, establishes, reestablishes, or retraces the align \:l-'i'")~e;'t or elevation for any of the fixed works embraced within the practice of ~".1 dyil engineering, as described in Section '. :;.~ "\--,,(b) Determines the configuration orcontour ofthe earth's surface, orthe l.1i position of fixed objects thereon or related thereto, by means of measuring lines and angles, and applying the principles of trigonometry or photogrammetry., (c) locates, relocates, establishes, reestablishes, or retraces any property line or boundary of any parcel of land, right-of-way, easement, or alignment of those lines or boundaries. (d) Makes any survey for the subdivision or resubdivision of any tract of land. For the purposes of this subdivision, the term usubdivision" or "resubdivision"shall be defined to include, but not limited to, the definition in the Subdivision Map Act (Division 2 (commencing with Section 66470) of Title 7 of the Government Code) or the Subdivided Lands Law (Chapter 7 (commencing with Section 17000) ofpart 2 ofdivision 4 ofthe Business and Professions Code). (e) By the use ofthe principles of land surveying determines the position for any monument or reference point which marks a propertyline, boundary orcomer, or sets, resets, orreplaces any such.lllon~men~ or ~efer~.~c~<~yi~~. (fl G~odeticor f~~astrf!,~'x~~in!l.; '.J....: (g) Determines thelnfo,:maiio"n snqyv'n or to be shown on any map or document prepared or furnished in connection with anyone or more of the functions described in subdivisions (a), (b), (c), (d), (el, and (fl

35 (h) Indicates, in any capacity or in any mann'er,'by the use of the title "land surveyor" or by any other title or by any other representation that he practices or offers to practice land surveying in any of its branches. 0) Procures or offers to procure land surveying workfor himself or others. (j) Manages, or conducts as manager, proprietor, or agent, any place of business from which land surveying work is solicited, performed or practiced. Any department or agency of the state or any city, county, or city and county which has an unregistered person in responsible charge of land surveying work on the effective date ofthe amendments made to this section at the Regular Session of the Legislature shall be exempt from the requirement that the person be licensed as a land surveyor until such time as the person currently in responsible charge is replaced, [Amended, Chapter 670, Statutes of 1985] Any licensed land surveyor may offer to practice, procure, and offer to procure civil engineering work incidental to his or her land surveying practice, even though he or she is not authorized to perform such work, provided all such civil engineering work is performed by or under the direction of a registered civil engineer. Further, any licensed land surveyor may manage or conduct as manager, proprietor, or agent, a land surveying practice which offers to practice, procure, and offers to procure, such incidental civil engineering work, Surveys made exclusively for geological or landscaping purposes, which do not involve the determination of any property line do not constitute surveying within the meaning of this chapter Surveys authorized under this chapter do not include the design, either in whole or in part, of any structure or fixed works embraced within the practice of civil engineering. ~M ~29. This chapter prohibits the practice of land surveying by any L.f/t?'3 partnership, firm, company, association, or corporation. However, nothing contained in this chapter shall prohibit one or more licensed land surveyors from practicing or offering to practice their profession through the medium of a partnership, firm, company, association orcorporation ifaland surveyor licensed pursuant to the provisions of this chapter or a civil engineer registered pursuant to the provision of Chapter 7 (commencing with Section 6700) of Division 3 of this code is the partner, member, or directing officerin charge of the land surveying practice of the partnership, firm, company, association, or corporation and ifall land surveying work and documents are done by or under the direct supervision of such land surveyor or civil engineer. The firm orcorporate name underwhich such individuals offer and do practice land surveying maybe entirelyfictitious orit may contain only the name or names of licensed land surveyors and registered engineers, living or dead, who are, or were when living, members of the" firm or directors of the corporation, If the firm or corporate name contains the name of a living member of the firm or corporation then it shall also contain the name of a member who is entitled to practice land surveying under the provisions of this chapter. This chapter does not prevent or prohibit an individual, firm, or corporation engaged in any line of business other then the practice of land surveying from employing a licensed land surveyor or registered civil - 30-

36 engineer to perform land surveying services ilicidental to the business of such individual, firm, or corporation. The provisions of this section shall not prevent the use of the name of any partnership, firm, company, association, or corporation in existence' on June 1, 1941, if all of the members or officers and directors of such partnership, firm, company, association, or corporation were on that date individually licensed as land surveyors pursuant to the provisions of this chapter or registered civil engineers pursuant to the provisions of Chapter 7 of Division 3 of this code The following are not required to be licensed under this chapter: (a) Officers and employees of the United States of America, practicing solely as those officers or employees, except when surveying the exterior boundaries of federal lands in this state. (b) Insofar as he or she acts in the following capacity: (1) Any state, county, city, ordistrict employee directly responsible to a licensed land surveyor or registered civil engineer. (2) Any subordinate to a land surveyor or civil engineer licensed or registered as required by the laws of this state In so far as he or she acts as a subordinate. [Amended, Chapter 670, Statutes of 1985J [Repealed, Chapter 1965, Statutes of 196sJ [Repeaied, Chapter 1967, Statutes of A registered civil engineer and a civil engineer exempt from registration under Chapter 7 of Division III of this code are exempt from licensing under this chapterand may engage in the practice ofland surveying with the same rights and privileges, and the same duties and responsibilities of a licensed land surveyor, provided that for civil engineers who become registered afterjanuary1, 1982, they shall pass the examination provided for in Section , before practicing land surveying as defined in this chapter. Article 4. I ssuance of License An application for each division of the examination for a license as a land surveyor shall be made to the board on the form prescribed by it, with all statements therein made under oath, and shall be accompanied by the application fee fixed by this chapter [Repealed, Chapter 502, Statutes of 1981 J [Repealed, Chapter 502, Statutes of 1981 J [Repealed, Chapter 1202, Statutes of 1972J 119-f (a)the first division of the examination shall test the applicant's 1 knowledge of fundamental surveying, mathematics, and basic science. The board may prescribe by regulation reasonable educational or experience requirements but not to exceed two years of postsecondary education in land surveying or two years of experience in land surveying for admission to the first division of the examination. Applicants who have passed the -31 -

37 engineer-in-training examination, or who hold professional engineer registration, are exempt from this division of the examination. The second division of the examination shall test the applicant's ability to apply his or her knowledge and experience and to assume responsible charge in professional practice of land surveying. (b) The applicant for the second division examination shall have successfully passed the first division examination, or shall be exempt therefrom, and he or she shall be thoroughly familiar with the procedure and rules governing the surveyof public lands as set forth in "Manual ofsurveying Instructions," published by the Bureau of Land Management, Department of the Interior, Washington, D.C. (c) The board may by rule provide for a waiver of the first division of the examination for applicants whose education and experience qualifications substantially exceed the requirements of Section (d) The board may by rule provide for a waiver of the second division of the examination and the assignment to a special examination for those applicants whose educational qualifications are equal to, and whose experience qualifications substantially exceed, those qualifications established under subdivision (c). The special examination may be either written or oral, or a combination of both. l-\'l-~ (a) The educational qualifications and experience in land surveying, which an applicant for the second division examination shall possess, shall be not less than the following prescribed minima: (1) Graduation from a four-year curriculum with an emphasis in land surveying approved by the board or accredited by a national or regional accrediting agency recognized by the United States Office of Education at a postsecondary educational institution and two years of actual experience in land surveying, including one year of responsible field training and one year of responsible office training; or (2) Actual experience in land surveying for at least six years, including one year of responsible field training and one year of responsible office training; or (3) Registration as a civil engineer with two years of actual experience in land surveying. Ib) With respect to applicants for license as a land surveyor, the board: (1) Shall countoneyear ofpostsecondaryeducation in land surveying as one year of experience in land surveying up to a maximum of four years, provided the applicant has graduated from the course in land surveying and the curriculum in land surveying is approved by the board or is accredited by a regional or national accrediting agency recognized for the purpose by the United States Office of Education. Each year of study in an approved or an accredited course in land surveying without graduation shall be counted the same as one-half year of experience. Each applicant claiming equivalent credit for education may be required to produce a complete transcript of all college level courses compieted. (2) May at its discretion give credit as experience in land surveying, not in excess of two years, for successfully passing the first division of the examination prescribed in Section The names and addresses of at least four land surveyors or civil - 32-

38 engineers, duly q!lalifietl to practice in the plac in which such practice has been conducted, each ofwhom has sufficient knowledge of the applicant to enable him to certify to the applicant's professional integrity, ability and fitness to receive a license, shall be submitted with the application for the second division of the examination The applicant for the second division of the examination shall state in his application that, should he be licensed, he will support the Constitution of this state and of the United States, and that he will faithfully discharge the duties of a licensed land surveyor Examinations for license shall be held at such times and at such places within the State as determined by board rule. The examinations may be conducted by one or more members of the board or one or more of their duly authorized representatives. The scope of examinations and the method of procedure shall be prescribed by board rule. 8? 46. In determining the qualifications of any applicant for license, a majority vote of the board is required. An applicant failing on examination, upon the payment of another application fee may be examined again.,,/ol/(ti:) Any applicant who has passed the examinations prescribed by the board shall have a suitable license issued to him. (al An applicant who has passed the first division of the examination shall be issued a certificate as a land surveyor-in-training. No renewal or other fee, other than the application fee, shall be charged for this certification. A land surveyor-in-training certificate shall not authorize the holder thereof to practice or offer to practice land surveying. No person shall use the title of land surveyor-in-training unless he is the holderofa valid land surveyor-in-training certificate. (b) An applicant who has passed the second division of the examination shall be issued a license as a land surveyor. The license shall authorize him to practice as a land surveyor. ~.~U) The board, upon application therefor, and the payment of the..,.., application and license fees fixed by this chapter, may issue a land surveyor's license, without written examination, to any person who holds a valid land surveyor's license issued to him by any State or country when the applicant's qualifications meet the requirements of this chapter and rules established by the board. ~~tl6) If an applicant for license as a land surveyor or certification as a land surveyor-in-training is found by the board to lack the qualifications required for admission to the examin'ation for such license or certification, the board may, in accordance with the provisions ofsection 158 ofthis code, refund to him one-half of the amount of his application fee A duplicate certificate of license to replace one lost, destroyed or mutilated may be issued subject to the rules and regulations of the board. The duplicate certificate fee fixed by this chapter shall be charged. ;lr\\ Upon being licensed, each licensee may obtain a seal of the I design authorized by the board bearing the licensee's name, number of certificate and the legend "Licensed Land Surveyor," - 33-

39 8751. No person shall represent himselfas,.or use the titie of, licensed land surveyor, land surveyor, professional engineer in land surveying, land survey engineer, survey engineer, geodetic engineer, or geometronic engineer unless he is the holder of a valid, unsuspended and unrevoked license An unrevoked, unsuspended and unexpired license, orrenewal certificate, issued by the board is presumptive evidence in all courts and places that the person named is iegally licensed under this chapter A temporary iicense as a iand surveyor may be granted, upon application and payment of the temporary license fee fixed by this chapter, if the applicant compiies with each of the following provisions: (a) The applicant maintains no place of business in this state. (b) The applicant is legally qualified to do land surveying in the state or country where he or she maintains a place of business to do land surveying. (c) The applicant's practice as a land surveyor in this state does not require more than 60 days in anyone calendar year. (d) The applicant notifies the board in writing of his or her intention to practice stating the approximate date when he or she intends to commence and the approximate length of time he or she expects to continue. The executive officer after having determined that the applicant is qualified and has complied with the provisions of this section, may issue a temporary license to practice for a period of not to exceed 60 days. Article 5. Surveying Practice Every licensed land SUiveyor or registered civil engineer may administer and certify oaths: (al When it becomes necessary to take testimony for the identification or establishment of old, lost or obliterated corners. (bl When a corner or monument is found in a perishable condition, and it appears desirable that ev!dence concerning it be perpetuated. (c) When the importance ofthe survey makes itdesirable, to administer an oath to his assistants for the faithful performance of their duty. A record of oaths shall be preserved as part of the field notes of the survey and a memorandum of them shall be made on the record of survey filed under this article Any licensed land surveyor or registered civil engineer may practice land surveying and prepare maps, plats, reports, descriptions or other documentary evidence in connection therewith. All maps, plats, reports, descriptions, or other documents issued by the. licensed land surveyor or registered civil engineer shall be signed by him to indicate his reponsibility for them. In addition to his signature, he shall show his license or registration number or the stamp of his seal. Every map, plat, report, description, or other document issued by a licensed land surveyor or registered civil engineer shall comply with the provisions set forth in Section 8764, whenever such map, plat, report, description or other document is filed as a public record. -34-

40 It is unlawful forany person to sign, stamp 6rseal any map, plat, re'port, description or other document unless he is authorized to practice land surveying The authority of a licensed land surveyor or registered civil engineer to prepare, sign, issue, stamp, or seal any map, plat, report, description or other document shall be consistent with that person's authority to practice land surveying Notwithstanding the provisions ofsection 8761, a registered civil engineer or licensed land surveyor who signs/and surveying maps, plats, reports, descriptions, or other surveying documents shall not be responsible for damage caused by subsequent changes to or uses of those maps, plats, reports, descriptions, or other surveying documents, where the subsequent changes or uses, including changes or uses made by state or local governmental agencies, are not authorized or approved by the registered civil engineer or licensed land surveyor who originally signed the maps, plats, reports, descriptions, or other surveying documents, provided that the engineering or surveying service rendered by the civil engineer or land surveyor who signed the maps, plats, reports, descriptions, orothersurveying documents was not also a proximate cause of the damage. f!uj-t- [Added, Chapter 1507, Statutes of S.eYtJ After making a survey in conformity with the practice of land Jjb6 surveying, the surveyor or civil engineer may file with the county surveyor in the county in which the survey was made, a record of the survey. After making a survey in conformity with the practice of land surveying, the licensed land surveyor or registered civil engineer shall file with the county surveyor in the county in which the survey was made a record of the survey relating to land boundaries or property lines, if the survey discloses any of the following: (a) Material evidence or physical change, which in whole or in part does not appear on any subdivision map, official map, or record of survey previously recorded or filed in the office of the county recorder or county surveying department, or map or survey record maintained by the Bureau of Land Management of the United States. (b) A material discrepancy with the information contained in any subdivision map, official map, or record of survey previously recorded or filed in the office of the county recorder orthe county surveying department, or any map or survey record maintained by the Bureau of Land Management of the United States. For purposes of this. subdivision, a "material discrepancy" is limited to a material discrepancy in the position of points or lines, or in dimensions. (c) Evidence that, by reasonable analysis, might result in materially alternate positions oflines or points, shown on any subdivision map, official map, or record of survey previously recorded or filed in the office of the county recorder or the county surveying department, or any map or survey record maintained by the 8ureau ofland Managementofthe United States. (d) The establishment of one or more points or lines not shown on any subdivision map, official map, or record ofsurvey, the positions ofwhich are not ascertainable from an inspection of the subdivision map, official map, or record of survey without trigonometric calculations

41 Ie) The points or lines set during a survey of anyparcei described in any deed or other instrument of title recorded in the county recorder's office are not shown on any subdivision map, official map, or record of survey. The record ofsurvey required to be filed pursuant to this section shall be filed within 90 days after the setting of boundary monuments during the performance of a surveyor within 90 days after completion of a survey, whichever occurs first. If the go-day time limit contained in this section cannot be complied with for reasons beyond the controi of the licensed land surveyor or registered civil engineer, the 90-day time period shall be extended until such time as the reasons for delay are eliminated. If the licensed land surveyor or registered civil engineer cannot comply with the go-day time limit l he or she shall, priorto the expiration of the go-day time limit, provide the county surveyor with a letter stating that he or she is unable to comply. The letter shall provide an estimate of the date for compietion of the record of survey, the reasons for the delay, and a general statement as to the location of the survey, including the assessor's parcel number or numbers. The licensed land surveyor or registered civil engineer shall not initially be required to provide specific details of the survey. However, if other surveys at the same location are performed by others which may affect or be affected by the survey, the licensed land surveyor or registered civil engineer shall then provide information requested by the county surveyor without unreasonable delay. Any record of survey filed with the county surveyor shail, after being examined by him or her, be filed with the county recorder No record of survey of land shown on the latest adopted county assessment roll as a unit or as contiguous units, which shows a division of such iand into additional parcels, shall be filed with the county surveyor or with the county recorder, unless there is attached thereto a certificate by the county surveyor if the land lies within an unincorporated area, or a certificate by the city engineer if the land lies within' a city, of compliance with the provisions of the Subdivision Map Act, Division 2 (commencing with Section 66410) of Title 7 of the Government Code, and any applicable local ordinance enacted pursuant thereto The record of survey shall be a map, legibly drawn, printed, or reproduced by a process guaranteeing a permanent record in black on tracing cloth, or poiyester base film, 18 by 26 inches. If ink is used on poiyester base film, the ink surface shall be coated with a suitable substance to assure permanent legibility. A one-inch blank margin shail be left on each edge of the map The record ofsurvey shall show the applicable provisions ofthe following consistent with the purpose of the survey: la) Ali monuments found, set, reset, replaced, or removed, describing their kind, size, and location, and giving other data relating thereto. (b) Bearing orwitness monuments, basis ofbearings, bearing and length of lines, scale of map, and north arrow. (c) Name and legal designation of the property in which the survey iocated, and the date or time period of the survey. (d) The relationship to those portions of adjacent tracts, streets, orsenior conveyances which have common lines with the survey. -36-

42 (e) Memorandum of oaths. mcertificates and statements required by Section (g) Any other data necessary for the intelligent interpretation of the various items and locations of the points, tines, and areas shown, or convenient for the identification of the surveyor suiveyof, as may be determined by the civjj engineer or land surveyor filing the record of survey. The record of survey shall aiso show, either graphically or by note, the reason or reasons, if any, why the mandatory filing provisions of subdivisions (a) to (e), inclusive, of Section 8762 apply. The record of suivey need not consist of survey of an 'entire property Certificates and statements shall appear on the map as follows: SURVEYOR'S STATEMENT This map correctly represents a survey made by me or under my direction in conformance with the requirements ofthe Land Surveyors' Act at the request of----_:_~-~=-=----c_:_-~-_=_----- Name of Person Authorizing Survey in, 19. (Signed and sealedl ~_ L.S. (or R.C.E.) No. _ COUNTY SURVEYOR'S STATEMENT This map has been examined in accordance with Section 8766 of the Land Surveyors' Act this day of, 19. (Signed and sealed) -,,-_-=- _ County Surveyor L.S. (or R.C.E.) No._~ _ RECORDER'S CERTiFICATE Flied this -,_ day of, 19, at.m. in 800k c;------;-- of at page, at the request of----;:::--,c-- (Signed) _ County Recorder No other certificates or statements may appear on the face of the map except those required or authorized by this article A record of survey is not required of any survey: (a) When it has been made by a public officer in his or her official capacity and a reproducible copy thereof, showing ali data required by Section 8764, except the recorder's certificate, has been filed with the county surveyor of the county in which the land is iocated. Any map 50 filed shall be indexed and kept available for public inspection. (bl Made by the United States 8ureau of Land Management. (c) When a map is in preparation for recording or shall have been recorded under the provisions of the Subdivision Map Act. (d) When the survey is a retracement of lines shown on a subdivision map, official map, or a record of surveyi where no material discrepancies with those records are found and sufficient monumentation is found to - 37-

43 establish the precise location of property corners thereon, provided that a corner record is filed for any property corners which are set or reset or found to be ofa different character than indicated by priorrecords. For purposes of this subdivision, a "material discrepancy" islimited to a material discrepancy in the position of points or lines, or in dimensions Within 20 working days after receiving the record of survey, or within such additional time as may be mutually agreed upon by the land suiveyor or civil engineer and the county surveyor, the county surveyor shall examine it with respect to all of the following: (a) Its accuracy of mathematical data and substantial complial]h with the information required by Section /\. (bl Its compliance with Sections , 8763, ,1' , and The examination pursuant to this section shall not require the licensed land surveyor or registered civil engineer submitting the record of survey to change the methods orprocedures utilized or employed in the performance of the survey, nor shall the examination require a field survey to verify the data shown on the record of survey. Nothing in this section shall limit the county surveyor from including notes expressing opinions regarding the record ofsurvey, or the methods or procedures utilized or employed in the performance of the survey. The examination pursuant to this section shall be performed by, or under the direct supervision of, a licensed land surveyor or registered civil engineer The county surveyor may charge a reasonable fee for examining a record of survey pursuant to Section 8766 which shall not exceed the cost of the service or one hundred dollars ($1001, whichever is the lesser. However, this one hundred dollars ($100) maximum fee may be increased by the board of supervisors if such an increase is authorized by a duly adopted ordinance and the ordinancewas adopted pursuantto a staff report demonstrating that the cost of providing the examination service actually exceeds one hundred dollars ($100) per record of survey If the county surveyor finds that the record of survey complies with the examination in Section 8766, the county surveyor shall endorse a statement on it of his or her examination, and shall present it to the county recorder for filing. Othervvise the countysurveyorshall return it to the person who presented it, togetherwith a written statement of the changes necessary to make it conform to the requirements of Section The licensed land surveyor or registered civil engineer submitting the record of survey may then make the agreed changes and note those matters which cannot be agreed upon and resubmit the record of survey pursuant to Section If the matters appearing on the record of survey cannot be agreed upon by the licensed land surveyor or the registered civil engineer and the county surveyor within 10 working days after the licensed land surveyor or registered civil engineer resubmits and requests the record of survey be filed without further change, an explanation of the differences shall be noted on the map and it shall be presented by the countysurveyorto the county recorderforfiling, and the county recordershall file the record of survey. -38-

44 If the county surveyor fails to timely file the record of survey with the county recorderin accordance with Section 8768, the licensed land surveyor or registered civil engineer submitting the map may bring an action pursuant to Section 1085 of the Code of Civil Procedure to compel the filing of the record of survey. After the licensed land surveyor or registered civil engineer resubmits and requests the record ofsurvey be filed withoutfurther change, the filing of the record of survey shall be deemed to be a ministerial act. In any action brought pursuant to Section 1085 of the Code of Civil Procedure between a licensed land surveyor or a registered civil engineer and the county suiveyorof any county, the court may award to the prevailing party costs and other expenses of litigation, including the payment of experts and other witnesses, and reasonable attorney's fees The charge for filing any record of survey, and for indexing the same, shall be the same as provided for subdivided land under Section of the Government Code The record ofsurvey filed with the county recorderof any county shall be securely fastened by him into a suitable book provided for that purpose. He shall keep proper indexes of such record of survey by the name of grant, tract, subdivision or United States subdivision. The original map shall be stored for safekeeping in a reproducible condition. It shall be proper procedure for the recorder to maintain for public reference a set of counter maps that are prints of the original maps, and the original maps to be produced for comparison upon demand Any record ofsurvey filed under the provisions of this chapter may be amended to show any course or distance that was omitted therefrom, or to correct any error in: course or distance shown thereon, the description of the land which the record of survey comprised, lot numbers, street names, acreages, identification of adjacent record maps, or the character of monuments being set, or to correct any other minor errors approved for correction by the county surveyor in the same manner that subdivision maps may be amended under the provisions of the Subdivision ~~~e~~e~:v~~~~2 (commencinh~::~~tion 66410) of Title 7 of the MonumentsseJ>shall b'l{;ufficientlin'number and durability and efficiently placed so as not to be reaaily disturbed, to assure, together with monuments already existing, the perpetuation or facile re-establishment of any point or line of the survey. When adequate records exist as to the location of subdivision, tract, street or highway monuments, such monuments shall be located and referenced by or under the direction of a licensed land surveyororregistered civil engineer at the time when streets or highways are reconstructed or relocated. They shall be reset in the surface of the new construction, a suitable monument box placed thereon, or permanent witness monuments set to perpetuate their location. Sufficient controlling monuments shall be retained orrepiaced in their original positions to enable land lines, property corners, and tract boundaries to be re-established without devious surveys necessarily originating on monuments differing from the ones which currently control the area. It shall be the responsibility of the governmental agency or others performing construction work to provide for the monu- -39-

45 mentation required by this section. It shall be the BUty of every land surveyor or civil engineer to cooperate with such governmental agency in matters of maps, field notes, and other pertinent records. Monuments set to mark the limiting lines of highways, roads, orstreets shall not be deemed adequate for this purpose unless specifically noted on the records of the improvement works with direct ties in bearing or azimuth and distance between these and other monuments of record When coordinates in the California Coordinate System are shown for points on a record of survey map the map may not be recorded unless it also shows, or is accompanied by a map showing, the control scheme through which the coordinates were determined from points of known coordinates Any monument set by a licensed land surveyor or registered civil engineer to mark or reference a point on a property or land line shall be permanently and visibly marked or tagged with the certificate number of the suiveyor or civil engineer setting it, each number to be preceded by the letters "L.S." orilr.c.e.," respectively, as the case may be or, ifthe monument is set by a public agency, it shall be marked with the name of the agency and the political subdivision it serves. Nothing in this section shall prevent the inclusion of other information on the tag which will assist in the tracing or location of the survey records which relate to the tagged monument. fl f-,d (a) Except as provided in subdivision (bl of Section , a "!J)J-' person authorized to practice iand surveying in this state shall complete, n.,o)../ sign, stamp with his or her seal and file with the county surveyor or engineer ~1I~ of the county where the corner is situated, a written record of corner H establishment or restoration to be known as a /learner record 'l for every corner estabiished by the Survey of the Public Lands of the United States, except Illostcorners," as defined bythe Manual of Instructions forthe Survey of the Pubiic Lands of the United States, and every accessory to such corner which is found, set, reset, or used as control in any survey by such a'uthorized person. (b) After the establishment of a lost corner, as defined by the Manual of Instructions for the Survey of the Public Lands of the United States, a record of survey shah be fiied as set forth in Section (cl Any person authorized to practice land surveying in this state mayfile such corner record for any property corner, property controlling corner, reference monument, or accessory to a property corner The board shaii by reguiation provide and prescribe the information which shall be necessary to be included in the corner record and the board shaii prescribe the form in which such corner record shall be presented and filed, and the time limits within which the form shall be filed (a) A "corner record" filed with the county surveyor or engineer shaii, after being examined by him be filed with the county surveyor. (bl The county surveyor of the county containing the cornershaii receive and record the completed corner record. (c) The corner record filed with the county surveyor of any county shaii be securely fastened by him into a suitable book provided for that purpose. -40-

46 Id) A charge for examining, indexing and filing the cornerrecord may be collected by the county surveyor, not to exceed the amount required for the recording of a deed In every case where a corner record is filed pursuant to Section 8773, the licensed land surveyor or registered civil engineershall reconstruct or rehabilitate the monument of such corner, and accessories to such corner, so that the same shall be left by him in such physical condition that it remains as permanent a monument as is reasonably possible and so that the same may be reasonably expected to be located with facility at all times in the future (a) No corner record shall be filed unless the same is signed by a licensed land surveyor or registered civil engineer and stamped with his seal, or in the case of an agency ofthe United States government or the State of California the certificate may be signed by the chief of the survey party making the survey, setting forth his official title. (b) No corner record need to be filed when: (1) A corner record is on file and the corner is found as described in the existing corner record. (2) All conditions of Section 8773 are complied with by proper notations on a record or survey map filed in compliance with the Land Surveyor's Act or a parcel or subdivision map, in compliance with the Subdivision Map Act. Thissection shall not apply to maps filed priorto the effective date ofthis section. Article 5.5. Photogrammetry 877S. No person shall use the title of photogrammetrist or photogrammetric surveyor unless he holds registration as a civil engineer or licensed land surveyor, or unless he is licensed as a photogrammetric surveyor Persons meeting the requirements of this article may engage in and perform all photogrammetric services germane to this chapter, either as individuals, employees, or as independent contractors; provided, however, that the field surveys to be done are performed by registered civil engineers or licensed land surveyors, and in the preparation of any topographic map which contains the delineation of property corners or a property boundary or boundaries the work is certified or attested to by a registered civil engineer or land surveyor Maps, documents, or reports prepared by, or under the direction of, a licensed photogrammetric surveyor shall carry his signature and certificate number which will indicate his responsibility for the work. 877S.3. Photogrammetric surveyor licenses shall be renewable upon payment ofthe fee fixed by the board for which a renewal certificate shall be issued. Photogrammetric surveyor license fees shall be the same as those prescribed for land surveyor's licensing; and the provisions of this chapter relating to revenue, and with respect to disciplinary proceedings, shall similarly apply. -41-

47 Article 6. Disciplinary Proceedings ya majority vote, the board may suspend for a period not to exceed two years, or revoke the license or certificate of any licensed land surveyor or registered civil engineer, respectively, licensed under this chapter or registered under the provisions of Chapter 7 (commencing with Section 6700) of Division 3, whom it finds to be guilty of: (a) Anyfraud, deceit, negligence, orincompetency in his practice ofland surveying. (b) Any fraud or deceit in obtaining his license. (e) Any violation of any provision of this chapter or of any other law relating to or involving the practice of land surveying. (d) Any conviction of a crime substantially related to the qualifications, functions and duties ofa land surveyor. The record of the conviction shall be conclusive evidence thereof. (e) Aiding or abetting any person in the violation of any provision of this chapter. (f) A breach ofcontract in connection with the practice of land surveying The proceedings under this article shall be conducted in accordance with Chapter 5 of Part 1 of Division 3 of Title 2 of the Government Code, and the board shall have all the powers granted therein [Repealed, Chapter 1667, Statutes of A plea orverdictofguiltyoraconviction following a plea of nolo contendere made to a charge substantially related to the qualifications, functions and duties of a land surveyor is deemed to be conviction within the meaning of this article. The board may order the license or certificate suspended or revoked, or may decline to issue a license or certificate, when the time for appeal has elapsed, or the judgment of conviction has been affirmed on appeal orwhen an order granting probation is made suspending the imposition of sentence, irrespective of a subsequent order under the provisions of Section of the Penal Code allowing such person to withdraw his plea of guilty and to enter a plea of not guilty, or setting aside the verdict of guilty, or dismissing the accusation, information orindictment The board may reissue a license to any person, whose license has been revoked, if a majority of the members of the board vote in favor of such reinstatement, for reasons the board may deem sufficient. Article 7. Offenses Against the Chapter The board shall enforce all of the provisions of this chapter and cause the prosecution of all violations coming to its notice It is the duty of the respective officers charged with the enforcement of laws to prosecute all persons charged with the violation of any of the provisions of this chapter Every person is guilty of a misdemeanor: -42 ~

48 (a) Who, unless he is exempt from licensing under this chapter, practices, or offers to practice, land surveying in this State without legal authorization. (b) Who presents as his own, the license of another. (c) Who attempts to file as his own any record ofsurvey underthe license of another. (d) Who gives false evidence of any kind to the board, orto any member, in obtaining a license. Ie) Who falsely impersonates or uses the seal of another practitioner, of like or different name. (f) Who uses an expired or revoked license. (g) Who violates any provision of this chapter [Repealed, Chapter 1204, Statutes of 1972J Article 8. Revenue The departmentshall receive and accountforall moneyderived under the operation of this chapter and, at the end of each month, shall report such money to the State Controller and shall pay it to the State Treasurer, who shall keep the money in a separate fund known as the Professional Engineer's and Land Surveyor's Fund. For accounting and record keeping purposes, the Professional Engineer's and Land Surveyor's Fund shall be deemed to be a single special fund, and shall be available for expenditure only for the purposes as are now or may hereafter be provided by law. The fees and civil penalties received under this chapter shall be deposited in the Professional Engineer's and Land Surveyor's Fund. All moneys in the fund are hereby appropriated for the purposes ofth.is chapter Licenses issued under this chapter expire every four years, if not renewed. Quadrennial renewals shall be staggered on a quarterly basis. To renew an unexpired license the license holdershall on or before the date of expiration indicated on the renewal receipt, apply for renewal on a form prescribed by the board, and pay the renewal fee prescribed by this chapter Except as otherwise provided in this article, licenses issued under this chapter may be renewed at any time within five years after expiration on filing of application for renewal on a form prescribed by the board and payment of the renewal fee in effect on the last regular renewal date. If the license is renewed more than 30 days after its expiration, the licensee, as acondition precedentto renewal, shall also pay the delinquency fee prescribed by this chapter. Renewal under this section shall be effective on the date on which the application is filed, on the date on which the renewal fee is paid, or on the date on which the delinquency fee, if any, is paid, whichever last occurs.lfso renewed, the license shall continue in effect through the date provided in Section 8801 which next occurs after the effective date of the renewal, when it shall expire if it is not again renewed A suspended license is subject to expiration and shall be renewed as provided in this article, but such renewal does not entitle the licensee, while the license remains suspended and until it is reinstated, to -43 -

49 engage in the licensed activity, or in any other activity orconduct in violation of the order or judgment by which the license was suspended A revoked license is subject to expiration as provided in this article, but it may not be renewed. If it is reinstated after its expiration, the licensee, as a condition precedent to its reinstatement, shall pay a reinstatement fee in an amount equal to the renewal fee in effect on the last regular renewal date before the date on which it is reinstated, plus the delinquency fee, if any, accrued at the time of its revocation. Jijd e BJ'8803. A license which is not renewed within five years after its U3~ expiration may not be renewed, restored, reissued, or reinstated thereafter. -I The holder of the expired license may apply for and obtain a new license, however, if: (a) He has not committed any acts or crimes constituting grounds for denial of licensure under Section 480. (b) He pays all of the fees which would be required of him if he were then applying for the license for the first time, and (c) He takes and passes the examination, if any, which would be required of him if he were then applying for the license for the first time, or otherwise establishes to the satisfaction of the board that, with due regard for the public interest, he is qualified to engage in the practice of land surveying. The board may, by appropriate regulation, authorize the waiver or refund of all or any part of the application fee in those cases in which a license is issued without an examination under this section The renewal or reinstatement of any certificate of registration of a civil engineer under Chapter 7 (commencing with Section 6700) of Division 3, who is also a licensed land surveyor, shall not include the renewal or restoration of his land surveyor's license, without the payment of the surveyor's renewal fee or penalty The board may make refunds of all fees in accordance with Section 158 of this code The amount of the fees prescribed by this chaptershall be fixed by the board in accordance with the following schedule: (a) The fee for filing each application for licensure as a land surveyor at not more than one hundred seventy-five dollars ($175), and for each application for certification as a land surveyor-in-training (LSlT) at not more than sixty dollars ($60). (b) The temporary registration fee for a land surveyor at not more than 25 percent of the application fee in effect on the date of application. (c) The renewal fee for a land surveyor at not more than the application fee. (d) The delinquency fee at not more than 50 percent of the renewal fee in effect on the date of reinstatement. (e) All other document fees are to be set by the board by rule. -44-

50 California Administrative Code Title 16, Chapter 5 Sections 400 to 470 (As Amended January 1, 1986) Rules of Board of Registration for Professional Engineers and land Surveyors - 45-

51 Article 1. General Provisions 400. Introduction. These 'regulations are adopted by the Board of Registration for Professional Engineers, in order to implement and make specific the Professional Engineers' Act and the land Surveyors' Act, Business and Professions Code Sections 6700 et seq. and B700 et seq., respectively. S ~-e 403. Location of Offices. The principal office of the State Board of Registration for Professionai Engineers is 1006 Fourth Street, Sixth Fioor, Sacramento All correspondence relating to the activities of the Board, including applications, renewals and remittances, shall be directed to this office Definitions. For the purpose of the rules and regulations contained in this chapter, the following terms are defined. No definition contained herein authorizes the practice of engineering as defined in Sections 6702, , , 6731 and 6736 of the code. (a) /IAgricultural engineering" is that branch of professional engineering which requires such education and experience as is necessary to understand and apply engineering principles to the design, construction, and use of specialized equipment, machines structures and materials relating to the agricultural industry and economy. it requires knowledge of the engineering sciences relating to physical properties and bioiogicai variables offoods and fibers; atmospheric phenomena as they are related to agricultural operations; soil dynamics as related to traction, tiilage and plant-soii-water relationships; and human factors relative to safe design and use of agricultural machines. The safe and proper application and use of agricultural chemicals and their effect on the environment are also concerns of the agricuiturai engineers. The above definition of agriculturai engineering shall not be construed to permit the practice of civil, electrical or mechanical engineering, nor professional forestry. (b) "Board" means the State Board of Registration for Professional Engineers. (c) "Chemical engineering" is that branch of professional engineering which embraces studies or activities relating to the development and application of processes in which chemical or physical changes of materials are involved. These processes are usually resolved into a coordinated series of unit physical operations and unit chemical processes. It is concerned with the research, design, production, operational, organizational, and economic aspects of the above. The above definition of chemical engineering shall not be construed to permitthe practice ofcivil, electrical or mechanical engineering. tin (d) "Civil engineer" refers to a person who hoids a valid registration in the branch of civii engineering, as defined in Section 6731 of the code. (e) /lcivil engineering" is that branch of professional engineering as defined in Section 6731 of the code. see 4/tl (f) /lcode" means the Business and Professions Code. -47-

52 (g) Concrete Building. The term concrete -building used in Section (d) Df the code includes any building with walls, flddrs (except where laid Dn the grdund) Dr rodf Df CDncrete Df any type, whether pdured in place or precast, or whether constructed with large or small units of concrete; therefore, concrete block construction comes under this term. Brick masonry, reinforced or otherwise, does not come under this term. (h) "Consulting engineer" refers to any professional en'gineerwho holds a valid registration under the provisions of the code, or a person who possesses a valid authorization issued pursuant to Section of the code, or a person who holds a valid exemption from provisions of the chapter as provided fdr in SectiDns 6704 and Df the cdde. (i) "Control system engineering" is that branch of professional engineering which requires such education and experience as is necessary to understand the science of instrumentation and automatic control of dynamic processes; and requires the ability td apply this kndwledge td the planning, development, operation, and evaluation of systems of control so as to insure the safety and practical operability of such processes. The above definition ofcontrol system engineeringshall not be construed to permitthe practice of civil, electrical, or mechanical engineering. (j) "Corrosion engineering" is that branch of professional engineering which requires such education and experience as is necessary to understand the environmental corrosion behavior of materials; and requires the ability to apply this knowledge by recommending procedures for control, protection and cost effectiveness, resulting from the investigation of corrosion causes or theoretical reactions. The above definition ofcorrosion engineering shall not be construed to permit the practice of civil, electrical, or mechanical engineering. (kl "Electrical engineer" refers td a persdn whd hdlds a valid registratidn in the branch Df electrical engineering, as defined in SectiDn Df the code. (I) "Electrical engineering" is that branch of professional engineering described in Section of the code, which embraces studies or activities relating to the generation, transmission, and utilization of electrical energy, including the design of electrical, electronic and magnetic circuits and the technical cdntrol Df their DperatiDn and Df the design Df electrical gear. It is concerned with research, organizational, and the economic aspects Df the abdve. (m) IIEngineer-in-training" refers to a person who has been granted a certificate as an "engineer-in-training" in accordance with Section 6756 of the code. (n) "Fire protection engineering" is that branch of professional engineering which requires such education and experience as is necessary to understand the engineering problems relating td the safeguarding Dflife and property from fire and fire-related hazards; and requires the ability td apply this knowledge to the identification, evaluation, correction, or prevention of present Dr pdtential fire and fire related panic hazards in buildings, groups Df buildings, or communities, and to recommend the arrangement and use of fire resistant building materials and fire detection and extinguishing systems, devices, and apparatus in order to protect life and property. The above definition offire protection engineering shall not be construed to permit the practice of civil, electrical, or mechanical engineering. -48-

53 (0) "I ndustrial engineering" is that branch 6f professional engineering which requires such education and experience as is necessary to investigate, to design, and to evaluate systems of persons, materials and facilities forthe purpose of economical and efficient production, use, and distribution. It requires the application of specialized engineering knowledge of the mathematical and physical sciences, together with the principles and methods of engineering anaiysis and design to specify, predict, and to evaluate the results to be obtained from such systems. The above definition of industrial engineering shall not be construed to permit the practice of civil, electrical, or mechanical engineering. (p) "Land surveying" is that practice defined in Section 8726 of the code. (q) "Land surveyor" refers to a person who holds a vaiid license as a land surveyor, as defined in Section 8701 of the code. (r) ULand surveyor-in-training H refers to a person who has been granted a certificate as a Uland surveyor-in-training" in accordance with Section 8747 of the code. (5) "Manufacturing engineering" is that branch of professional engineering which requires such education and experience as is necessary to understand and apply engineering procedures in manufacturing processes and methods of production of industrial commodities and products; and requires the ability to plan the practices of manufacturing, to research and develop the tools, processes, machines, and equipment, and to integrate the facilities and systems for producing quality products with optimal expenditure. The above definition of manufacturing engineering shall not be construed to permit the practice of civil, electrical, or mechanical engineering. (t) "Mechanical engineer" refers to a person who holds a valid registration in the branch of mechanical engineering, as defined in Section of the code. (u) "Mechanical engineering" is that branch of professional engineering, described in Section of the code, which deals with engineering problems relating to generation, transmission, and utilization of energy in the thermal or mechanical form and also with engineering problems relating to the production of toois, machinery, and their products and to heating, ventilation, refrigeration and plumbing. It is concerned with the research, design, production, operational, organizational, and economic aspects of the above. (v) "Metallurgical engineering" is that branch of professional engineering, which requires such education and experience as is necessary to seek, understand and apply the principles of the properties and behavior of metals in solving engineering problems dealing with the research, development and application of metals and alloys; and the manufacturing practices of extracting, refining and processing of metals. The above definition of metallurgical engineering shall not be construed to permit the practice of civil, electrical, or mechanical engineering. (w) "Nuclear engineering" is that branch of professional engineering which requires such education and experience as is necessary to apply the principles of nuclear physics to the engineering utilization of nuclear phenomena for the benefit of mankind; it is aiso concerned with the protection of the public from the potential hazards of radiation and radioactive materials. Nuclear engineering is primarily concerned with interaction of radiation and nuclear particles with matter. Nuclear engi

54 neering requires the application of specialized knowledge of the mathematical and physical sciences, together with the principles and methods of engineering design and nuclear analysis to specify, predict and evaluate the behavior of systems involving nuclear reactions, and to ensure the safe, efficient operation of these systems, their nuclear products and by-products. Nuclear engineering encompasses, but is not limited to, the planning and design of the specialized equipment and process systems of nuclear reactor facilities; and the protection of the public from any hazardous radiation produced in the entire nuclear reaction process. These activities include all aspects of the manufacture, transportation and use of radioactive materials. The above definition of nuclear engineering shall not be construed to permit the practice of civil, electrical, or mechanical engineering. (x) IIPetroleum engineering ll is that branch of professional engineering whichembrac s studies or activities relating to the exploration, exploitation, location, and recovery of natural fluid hydrocarbons. It is concerned with research, design, production, and operation of devices, and the economic aspects of the above. The above definition of petroleum engineering shali not be construed to permit the practice of civil, electrical, or mechanical engineering. (y) "Professional engineer" refers to a person engaged in the practice of professional engineering as defined in Section 6701 of the code. (z) "Professional engineering" within the meaning of this chapter comprises the following branches: Agricultural engineering, Chemical engineering, Civil engineering, Control Systems engineering, Corrosion engineering, Electrical engineering, Fire Protection engineering, Industrial engineering, Manufacturing engineering, Mechanical engineering, Metallurgical engineering, Nuclear engineering, Petroleum engineering, Quality engineering, Safety engineering, Traffic engineering, and such other engineering branches as the Board may establish. (a-a) "Quality engineering" is that branch of professionai engineering which requires such education and experience as is necessary to understand and apply the principles of product and service quality evaluation and control in the planning, development and operation of quality control systems, and the application and analysis of testing and inspection procedures; and requires the ability to apply metrology and statistical methods to diagnose and correctimproperqualitycontrol practices to assure product and service reliability and conformity to prescribed standards. The above definition of quality engineering shali not be construed to permit the practice of civil, eiectrical, or mechanical engineering. (b-b) "Safety engineering" is that branch of professional engineering which requires such education and experience as is necessary to understand the engineering principles essential to the identification, elimination and control of hazards to man and property; and requires the ability to apply this knowledge to the development, analysis, production, construction, testing, and utilization of systems, products, procedures and standards in order to eliminate or optimaliy control hazards. The above definition of safety engineering shall not be construed to permit the practice of civil, electrical, or mechanical engineering. (c-c) "Structural engineer" refers to a registered civil engineerwho holds a valid authorization to use the title IIstructural engineer," as provided in Section 6736 of the code. -50-

55 (d-d) "Structural engineering" is defined as' the investigation of, the design of, the selection' of, and construction supervision of the forceresisting and load-supporting members, of structures such as foundations, walls, columns, slabs, beams, girders, trusses, and similar members where such investigation, design, selection, and supervision requires a knowledge of engineering laws, formulae, and practice, a knowledge of the methods used in their erection. (e-e) "Traffic engineering lj is that branch of professional engineering which requires such education and experience as is necessary to understand the science of measuring traffic and travel and the human factors relating to traffic generation and flow; and requires the ability to apply this knowledge to the planning, operating, and evaluating streets and highways and their networks, abutting iands and interreiationships with other modes of travel, to provide safe and efficient movement of people and goods. The above definition of traffic engineering shall not be construed to permit the practice of civil, electrical, or mechanical engineering Definition of Responsible Charge for Professional Engineers. As used in the Professional EngineersAct, the term "responsible charge" directly relates to the span or degree of control a professional engineer is required to maintain while exercising independent control and direction of professional engineering work, and to the engineering decisions which can be made only by a professional engineer. (a) Span of Control. The span of control necessary to be in responsible charge shall be such that the engineer: (1) Personally makes engineering decisions, or reviews and approves proposed decisions prior to their implementation, including consideration of alternatives, whenever engineering decisions which could affect the heaith, safety or welfare of the public are made. In making engineering decisions, the engineer must be physically present or through the use of communication devices be available in a reasonable period of time.. (2) Judges the qualifcations of technical specialists and the validity and applicability of their recommendations before such recommendations are incorporated in the work. (b) Engineering Decisions. The term "responsibie charge" relates to engineering decisions within the purview of the Professional Engineers Act and does not refer to management control in a hierarchy of professional engineers except as each of the individuals in the hierarchy exercises independent engineering judgment and thus responsibie charge. It does not refer to such administrative and personnel management functions as accounting, labor relations, performance standards, marketing of service and goal setting. While an engineer may also have such duties in this position, it should not enhance or decrease one's status of being in responsible charge of the work. The phrase does not refer to the concept of financial liability. Engineering decisions which must be made by and are the responsibility of the engineer in responsible charge are those decisions concerning permanent or temporary work which would create a hazard to life, health, property or public welfare, and may include, but are not limited to: (1) The selection of engineering alternatives to be investigated and the comparison of alternatives for engineering works

56 (21 The selection or development of design standards or methods, and materials to be used. (3) The selection or development of techniques or methods of testing to be used in evaluating materials or completed works, either new orexisting. (4) The review and evaluation of manufacturing, fabrication or construction methods or controls to be used and the evaluation of test results, materials and workmanship insofar as they affect the character and integrity of the completed work. (5) The development and control of operating and maintenance procedures. Such engineering decisions are those generally made at the project level or higher. (c) Responsible Charge Criteria. As a test to evaluate whether an engineer is in responsible charge, the following must be considered: The professional engineerwho signs engineering documents must be capable of answering questions asked by equally qualified engineers. These questions would be relevant to the engineering decisions made during the individual's participation in the project, and in sufficient detail to leave little question as to the engineer's technical knowledge of the work performed. it is not necessary to defend decisions as in an adversary situation, but only to demonstrate that the individual lin responsible charge) made them and possessed sufficient knowledge of the project to make them. Examples of questions to be answered by the engineer could reiate to criteria for design, methods of analysis, methods of manufacture and construction, selection of materials and systems, economics of alternate solutions, and environmental considerations. The individual should be able to clearly define the span or degree of control and how it is exercised both within the organization and geographically and to demonstrate that the engineer is answerable within said span or degree of control Definition of Responsible Charge for Land Surveyors.. The term "responsible charge" directly relates to the span or degree of control a licensed land suiveyor is required to maintain while exercising independent control and direction of land surveying work, and the land surveying decisions which can be made only by a licensed land surveyor. (a) Span ofcontrol. The span of control necessary to be in responsible charge shall be such that the land surveyor: (1) Personally makes land surveying decisions, or reviews and approves proposed decisions prior to their implementation, including consideration of alternatives, whenever land surveying decisions which could affect the health, safety or welfare of the public are made. In making land surveying decisions, the land surveyor must be physically present or through the use of communication devices be available in a reasonable period of time. (2) Judges the qualifications of technical specialists and the validity and applicability of their recommendations before such recommendations are incorporated in the work. (bl Land Surveying Decisions. The term "responsible charge" relates to Land Surveyors' Act and does not refer to management control in a hierarchy of those persons authorized to practice land surveying except as each of the individuals in the hierarchy exercises independent land surveying judgment and thus responsible charge. It does not refer to such administrative and - 52-

57 personnel management functions as accounting," labor relations, performance standards, marketing of service and goal setting. While a person authorized to practice land surveying may also have such duties in this position, it shall notenhance or decrease one'sstatus of being in responsible charge of the work. The phrase does not refer to the concept of financial liability. Land surveying decisions which must be made by and are the responsibility of the land surveyor in responsible charge are those decisions concerning permanent or temporary work which would create a hazard to life, health, property or public welfare, and may include, but are not limited to: (1) Selecting the methods, procedures, and accuracies of field work. Determining calculation and adjustment methods. (2) Specifying the format and information to be shown on maps or documents furnished in connection with land surveying. Reviewing the sufficiency and accuracy of the work product. (c) Responsible Charge Criteria. As a test to evaluate whether a person authorized to practice land surveying is in responsible charge, the following must be considered: The land surveyorwho signs surveying documents must be capable of answering questions asked by equally qualified land surveyors. These questions would be relevant to the decisions made during the individual's participation in the project, and in sufficient detail to leave little question as to the land surveyor's technical knowledge of the work performed. It is not necessary to defend decisions as in an adversary situation, but only to demonstrate that the individual in responsible charge made them and possessed sufficient knowledge of the project to make them. Examples of questions to be answered by the land surveyor could relate to criteria for design, methods of analysis and conclusions made including, but not limited to, the retracement of government surveys, interpretation and construction of deeds, application of proportion methods and" analysis of evidence related to unwritten property rights. The individual shall be able to clearly define the span or degree of control and how it is exercised both within the organization and geographically and to demonstrate that the land surveyor is answerable within said span or degree of control Delegation of Certain Functions. (a) Whenever it is stated in these rules that the "board" mayor shall exercise or discharge any power, duty, purpose, function, orjurisdiction, the State Board of Registration for Professional Engineers specifically has reserved the same for its own, exclusive action. (b) Whenever it is stated the liexecutive secretary" mayor shall exercise or discharge any power, duty, purpose, function, or jurisdiction, the executive secretary of the State Board of Registration for Professional Engineers has the authority to act thereon. (e) Any party in interest may appeal to the State Board of Registration for Professional Engineers for review of the actions and decisions of the executive secretary. (d) The executive secretary shall be either a professional engineer registered with the board or a land surveyor licensed by the board

58 Ie) Nothing herein prohibits the executive secretary from redelegating to his/her subordinates as provided in Section 18S72 of the Government Code. (fi The power of discretion conferred by law upon the board to receive and file accusations; issue notices of hearing, statements to respondent and statements of issues; receive and file notices of defense; determine the time and piace of hearings under Section of the Government Code, issue subpoenas and subpoenas duces tecum, set and calendar cases for hearing and perform other functions necessary to the businesslike dispatch of the business of the board in connection with proceedings under the provisions of Sections through of the Government Code, prior to the hearing of such proceedings; and the certification and delivery or mailing of copies of decisions under Section of said Code are hereby delegated to and conferred upon the executive secretary, or to his/her designee Fees. (a) All fees required by provisions of the code and ruies of the board shall be transmitted by money order, bank draft or check, payable to the Department of Consumer Affairs, at Sacramento. (b) The following is the prescribed application fee for: (1) Authority to use the title "structural engineer" $100 (2) Registration as a professional engineer '" $85 (3) License as a land surveyor $8S (4) Authority to use the title "consulting engineer" pursuant to Section $85 (5) Certification as an engineer-in-training $40 (6) Certification as a iand surveyor-in-training $40 Ic) The following is the prescribed four-year renewal fee for: (1) Authority to use the title IIstructural engineer ll $65 (2) Registration as a professionai engineer $65 (3) License as a land surveyor, $6S (4) License as a photogrammetric surveyor $6S IS) Authority to use the titie "consulting engineer" pursuant to Sections and $65 Id) Fees required under provisions of this rule transmitted through the United States mail shall be deemed filed on the date shown by the post office cancellation mark stamped on the envelope containing it, or on the date mailed if satisfactory proof is made that mailing occurred on an earlier date. (e) Renewal applications filed with the board more than thirty (30) days after 12 midnight, on the expiration date and not accompanied by the prescribed delinquent penalty fee equal to SO% of the renewal fee but not more than $25, shall be returned by the executive secretarywith a statement of the reason therefor. WRefund of fees submitted to the board shall be made only as follows: (1) Any application fees or penaities imposed and collected illegally, by mistake, inadvertence or error shall be refunded in full. (2) An applicant for registration as a professional engineer, for license as a Land Surveyor, for permission to use the title IlStn.ictural Engineer", for certification as an Engineer-in-Training orfor certification as a Land Surveyorin-Training found not eiigible for admission to the examination requested is entitled to a refund of one-half of the appiication fee. Upon request, one- -54-

59 half of the application feee shall be refunded to'the estate of an applicant who dies prior to taking an examination Meetings. la) The board will normally meet monthly at a time and placae within California designated by the president. Ib) Special meetings of the board may be called from time to time by the presidentwhen, in his/heropinion, it is necessary. Special meetings may also be called by the executive secretary upon a written request signed by two board members. (c) All meetings will be noticed in accordance with the requirements of the Bagley-Keene Open Meeting Act IGovernment Code Sectionsll120 et seq.) Certificates. la) Certificates and licenses will be issued in the order in which the applicants qualify. (b) A duplicate of a certificate issued in accordance with Chapters 7 or 15 of Division 3, ofthe code, will be issued to replace one lost, destroyed or mutilated, upon a written request accompanied by a fee of $3 and an affidavit verifying the 1055, destruction or mutilation of the previous certificate. The affidavit of lost license mustbe submitted on a form provided by the Board Seal. (a) The seal authorized bysection 6764 of the code, for use by professional engineers, including those with authority to use the title, "structural engineer," may be purchased, by the registrant, from any convenient source, but shall be either of the design A or design Bas A shown here and shall be not less than one and one-half 111(,) inches in diameter. Ib) The seal authorized by Section 8750 of the code for use by land surveyors may be purchased by the licensee from any convenient source, but shall be of the design shown here and shall not be less than one and one-half Il';') inches in diameter. (c) The seal may either be a rubber stamp or of the embossing type Address Change. Each person who is an applicant for, or a holderof, acertificate or license issued by the board under provisions of Chapters 7 and 15, Division 3, ofthe code, shall file his/her address with the board office. Within thirty (30) days after changing addresses, s/he shall notify the board office of such change Approval of Engineering Disciplines. (a) Proceedings for approval of an engineering discipline for coverage under the Professional Engineers' Act may be commenced pursuant to a resolution adopted by the board, or by the filing of a petition addressed to the board. (1) If commenced pursuant to a resolution of the board, or by petition, the resolution or petition shall: (A) state the name of the B - 55-

60 engineering discipline to be considered, (8) -set forth a discriminatory definition of the engineering discipline; and (C) state the necessity for coverage of the engineering discipline under the Professional Engineers' Act for protection of the public health and safety. (2) [f commenced by petition, the petition shall contain, in addition to requirements in (a)(11 above: (A) state the minimum suggested qualifications considered adequate for initial registration without examination, (6) state the estimated number of persons to be registered in the engineering discipline, and (C) bear the signatures and addresses ofthe signers, all ofwhom shall be [egal residents of the State of California. The petition may consist of any number ofseparate instruments each of which must cornp[ywith all requirements for a petition. The filing fee forsuch petition is $1500. (bl Except as hereinafter provided, the board shall, within a reasonable time following the adoption of a resolution or the filing of a petition bearing 100 or more signatures, fix the time and place for a hearing on the resolution or petition. The board shall not be required to hold a hearing on a petition bearing less than 100 signatures but may in its discretion do so. The board may reject any petition that does not meet the requirements set forth above. Ifthe petition is rejected because ius notcomp[ete the filing fee will be returned. (c) Every hearing under this section shall be heard by the board with a hearing officer on the staff of the Office of Administrative Hearings presiding. The proceedings at the hearing shall be reported by a phonographic reporter. (d) The board shall set out its decision in writing. The board may decide to: (1) approve the engineering discipline for coverage under the Professional Engineers' Act, (2) absorb the engineering discipline into one or more of the existing approved disciplines; or (3) reject the proposed engineering discipline. In the event of either (1) or (2), above, the board's decision may include amendments to the name and to the definition of the engineering discipline Practice and Title Protection. (a) Engineering practice protection: (1) The offer to practice orthe practice of civil, electrical and mechanical engineering as defined in the code and in Section 404 ofthese regulations is restricted, unless specifically exempted, to civil engineers, electrical engineers and rnechanical engineers appropriately registered by the board. (2) A civil engineer registered by the board may offer to practice or practice mechanical or electrical engineering in connection with or supplementary to his/her civil engineering practice. (3) An engineer registered with the board may offer to practice or practice engineering in any of the engineering branches except as noted in (a)(l) above. He/she may not, however, use the titles set forth in Section 6704 of the code and defined in Section 404 of these regulations unless appropriately registered by the board. (b) Title protection: -56-

61 (1 I Use of the titles of any of the disciplines' listed in Rule 404(d), and 404(0 through 11.1 is restricted to persons appropriately registered or licensed by the board. (2) Consulting engineer refers to any professional engineer registered by the board, or a person who holds an exemption under Sections or of the code. (3) Persons eligible to practice electrical and mechanical engineering, by virtue of an exemption, are nonetheless restricted from using such titles unless appropriately registered by the board Practice Within Area of Competence. A professional engineer or land surveyor registered or licensed under the Code shall practice and perform engineering or land sulveying work only in the field or fields in which s/he is by education and/or experience fully competent and proficient. Nothing in this regulation shall be construed: (11 to prohibit a professional engineer from signing plans which include engineering work in areas other than that in which s/he is fully competent and proficient, if such work was performed by other engineers who were fully competent and proficient in such work; (2) to prohibit a professional engineer from performing engineering work or a land surveyor from performing land surveying work in areas which involve the application of new principles, techniques, ideas or technology; (3) to prohibit a professional engineer from supelvising other engineers or a land surveyor from supervising other land surveyors who may respectively be performing engineering work or land surveying work in areas other than those in which the supervising professional engineer or supervising land sulveyor is fully competent and proficient; and (4) to prohibit a professional engineer from signing plans which include engineering work, portions of which were designed or required by any governmental agency Substantial Relationship Criteria. For the purpose of denial, suspension, or revocation of the registration of a professional engineer or the license of a land surveyor pursuant to Division 1.5 (commencing with Section 475) olthe Business and Professions Code, a crime or act shall be considered substantially related to the qualifications, functions, and duties of a professional engineer or licensed land surveyor if, to a substantial degree, it evidences present or potential unfitness of a professional engineer or land surveyor to perform the functions authorized by his or her registration or license in a manner consistent with the public health, safety, orwelfare. Such crimes or acts shall include, but not be limited to, those involving the following: (a) For professional engineers, any violations of the provisions of Chapter 7, Division 3, of the Code, or aiding and abetting any person in such a violation; (bl For land sulveyors, any violations of the provisions of Chapter 15, Division 3, of the Code, or aiding and abetting any person in such a violation; (c) A conviction of a felony arising from or in connection with the practice of professional engineering or land surveying. 41B. Criteria for Rehabilitation. (a) When considering the denial of an application for registration as a professional engineer, or for licensure as a land surveyor, or for authority to use the title "structural engineer", under Section 480 ofthe Code, the Board - 57

62 will consider the following criteria in evaluating the rehabilitation of the applicant and his/her present eligibility for such a registration, licensure, or authority: (1) The nature and severity of the act(s) or crime(s) under consideration as grounds for denial. (2) Evidence of any actls) committed subsequent to the act(s) orcrime(s) underconsideration as grounds fordenial which could also be considered as grounds for denial under Section 480 of the Business and Professions Code. (3) The time that has elapsed since commission of the act(s) or crimels) referred to in subdivision (1) or (2). (4) The extent to which the applicant has complied with any terms of parole, probation, restitution, or any other sanctions lawfully imposed against the applicant. (5) Any evidence of rehabilitation submitted by the applicant. (b) When considering the suspension or revocation of the registration of a professional engineer or the license of a land surveyor, undersection 490 of the Code, the Board will consider the following criteria in evaluating the rehabilitation of such person and his/her present eligibility to retain his/her registration or license: (1) The nature and severity of the act(s) or crime(s) under consideration as grounds for suspension or revocation. (2) Evidence of any act15) committed subsequent to the act(s) orcrimels) under consideration as grounds for suspension or revocation which could also be considered as grounds for suspension or revocation under Section 490 of the Code. (3) The time that has elapsed since commission of the act(s) or crime(s) referred to in subdivision (1) or (2). (4) The extent to which the licensee has complied with any terms of parole, probation, restitution, or any other sanctions lawfully imposed against the license. (5) Any evidence of rehabilitation submitted by the licensee. (6) Total criminal record. (7) If applicable, evidence of expungement proceedings pursuant to Section of the Penal Code. (c) When considering a petition for reinstatement of the registration ofa professional engineer or of the license of a land surveyor, the board shall evaluate evidence of rehabilitation submitted by the petitioner, considering those criteria specified in subsection (b) Notification of Disciplinary Action. la) As a condition of staying an order which suspends or revokes a registration or license on any of the grounds specified in subsection (b), the board shall require a registrant or licensee to provide the board, not later than 30 days after the decision becomes effective, with evidence that such person has notified all clients and employers with whom he or she has a current or continuing contractual or employment relationship of the offense, findings and discipline imposed and to provide the board with the name and business address of each person required to be so notified. Ib) The requirements in subsection (a) shall apply to all suspensions or revocations which are based on any of the following grounds: -S8-

63 (1) Conviction of a felony that is substantialiy' related to the practice of engineering or land surveying, as appropriate. (2) Deceit or misrepresentation in the practice of engineering or land surveying, as appropriate. (3) Fraud. (4) Incompetency. Article 2. Applications 420. Applications. (a) Applications for certification, for licensure, for registration, or for a certificate of authority shali be: (1) Filed on a form prescribed by the executive secretary and shali be typewritten. (2) Filed at the Sacramento office of the board and accompanied by the required application fee. (3) Made out properly in every respect and must contain full information. (4) Subscribed and certified to "under penalty of perjury" as provided by Section of the Code of Civil Procedure. (b) An application made otherwise will not be acceptable by the board and it may be returned by the executive secretai)' with a statement of the reason therefor. (e) Upon evaluation of the applicant's qualifications, his/her examination results and any other supporting data, his/her application will be either: (1) Denied without prejudice, and the application fee retained by the Board for the Professional Engineers' Fund. (2) Approved, and he/she wili be granted the certification for which application was made. (d) The Board may request each applicant to provide the Board with a current photograph after an applicant has become licensed or registered Refile Application. (a) The executive secretary may prescribe a short application form for use of those applicants who, failing an examination, apply within a reasonable period of time after the date of the examination previously failed, for re-examination. This application form may be known as a feme application form. The applicant and his application for re-examination shall be subject to the same provisions of the code and rules of the board, whenever applicable, as govern the filing of an original application. (b) The applicant for re-examination shali be assigned by the executive secretary to the next scheduled examination for which his/her application qualifies him/her Final Filing Date. (a) An application filed with the board after the final filing date announced for an examination shall not be considered for such examination

64 (b) Whenever the final filing date announted for an examination fails upon a Saturday, Sunday or holiday, it shail be extended to the next business day foil owing. (c) if an application is filed with the board through the United States maii, it shail be deemed filed on the date shown by the postoffice cancellation mark stamped on the envelope containing it, or on the date mailed if satisfactory proof is made that the mailing occurred on an earlier date Experience. (a) The several branches of professional engineering described in rule 404, herein, overlap and some activities are common to two or more branches of professional engineering. Experience in such overlapping activities may be used in securing registration in either branch but cannot be used more than once. The only exception to this is experience credit for education. Qualifying education entitles a candidate to experience credit and this experience credit can be used again even though it has already been used to qualify for another exam. (b) An appliant for registration as a professional engineer may be credited with four years' experience toward the six years necessary for admission to the professional examination either by graduation from an approved engineering curriculum or by passing the engineer-in-training examination. They may not be combined. The additional two years of actual work experience shall have been gained after graduation from an approved engineering curriculum or after passing the engineer-in-training examination, whichever has first occurred. (c) Qualifying experience is that experience satisfactory to the Board which has been gained whiie performing engineering tasks on a fuli-time basis under the direction of a professional engineer. (d) An applicant for licensure as a land surveyor must fulfiil the educational and experience requirements outlined in Section 8741 and. B742 of the Code performing two or more of the activities iisted in Section 8726(aHO. The experience requirements must be gained under the immediate direction and supervision of a person qualified to practice land surveying. Applicants who have passed the land surveyor in training examination may be credited with two years land surveying experience toward the six years necessary for licensure. (e) Computation of qualifying experience for license as a land surveyor, for registration as a professional engineer, or for authority to use the title "structural ellgineer" shall be to the date offiling ofthe application; or itshall be to the final filing date announced forthe examination if the application is fiied within a period of thirty (0) days preceding the finai filing date announced for such examination Applicant for Structural Authority. (a) The applicant for authority to use the title "structural engineer" must have valid registration as a civil engineer in this State. (b) S/he shali submit evidence satisfactory to the board that s/he has been in responsible charge of structural engineering work for at least three years subsequent to the date of examination which s/he passed to gain registration as a civil engineer. -60-

65 (c) Checking of structural plans on major projects, will be considered as IIresponsible charge" when done under the immediate supervision of, and certified to, by a registered civil engineer having authority to use the title "structural engineer". Id) The applicant who has not held valid registration in California as a civil engineer for three or more years shall have his/her application returned by the executive s cretarywith a statement of the reason therefor, unless the applicant may qualify under subsection (e) below. Ie) The board may consider an application for authority to use the title IIstructural engineer" submitted sooner than three years after registration as a civil engineer in California by a person who has experience commensurate with the requirements of subsection (b) or (c) above: (1) Subsequent to his/her registration as acivil engineerin anotherstate. (2) Gained while exempt from registration under Section 6739 of the code or gained by an applicant from another country. This experience must have been a minimum of 3 years in excess of the 6 years required for registration in Section 67S1 of the code References. (a) To assist the board in evaluating his or her qualifications, each applicant may furnish the names and addresses of as many references as may be consistent with the length and character of his or her professional experience; provided the applicant shall not furnish less than the number of references required hereafter: (1) An applicant for a license as a land surveyor, registration as a professional engineer, or, authority to use the title"structural engineer" shall refer to not less than four persons who are authorized to practice in the discipline for which the applicant is applying and who have personal knowledge of his/her qualifying land surveying experience, none of whom is a relative either by birth or marriage. (2) Nothing herein contained shall be construed to limit authority of the board to seek such other information pertinent to the education and experience of the applicant as may be required to verify his or her qualifications. The board may waive the requirement that only registered individuals give references for applicants in disciplines other than civil engineering or land surveying when the applicants have no association with registered individuals in their work environment Abandoned Applications. In the absence of special circumstances any of following actions by an applicant for registration, certification, or licensure shall be considered to constitute abandonment of the application, and shall result in cancellation of the application with no refund of the filing fee: (a) Failure to provide additional information or references within 90 days following the mailing of a request by the board's staff; or (b) Failure to complete the examination to which the applicant has been assigned within 2 years from the date of filing of the application; or (e) Failure to appear for examination at the designated time and place unless a postponement has been obtained in accordance with Rule 446; or Id) Failure to appear for examination at the designated time and place after having obtained two postponements. -61-

66 429. Application Appeal. (a) An applicant who is notified by the board that his/her application has been denied may appeal to the board for a re-evaluation of his/her application. An application appeal shall be filed with the board within 60 days alter the date the denial notice has been mailed to him/her. (b) An application appeal shall be made in writing and shall state the reason therefor. An appeal shall be supported by additional evidence, more references, affidavits, and supplemental information such that the board may be better informed of the applicant's qualifications. (c) The executive secretary may deny an application appeal which is not filed within the time period provided in paragraph (al of this rule. (dl The executive secretary shall notify each applicant who appeals under this rule of the approval of his/her appeal, or the reason for its denial. (el When an application has been denied, the executive secretary shall also notify the applicant that he or she has the right to hearing under the Administrative Procedure Act (Government Code Section et seq.), if he or she makes a written request for hearing within 60 days after selvice of the notice of denial Schedule of Regular Written Examinations. (al Written examinations shall be given at intervals as determined by the board but n'ot less than once each year. (bl The executive secretary shall publish annually, not later than three months prior to the end of each calendar year, a schedule of examinations for the following year. (c) Whenever circumstances warrant such action the board may postpone, advance, or otherwise change without notice the examination schedule previously published Individual Examination. (a) Individual examinations for registration, licensure, certification or authorization shall be either oral or written or a combination of both, in the discretion of the board. They may be held at times and places convenient to the board. (b) An applicant for registration as a professional engineer or license as a land surveyor will be considered for assignment to an individual examination provided his/her qualifications meet all the requirements of the code and rules of the board and provided s/he holds valid registration as a professional engineer or license as a land surveyor in another state, in the same branch in which s/he is applying; such registration or license having been obtained by passing written examinations of comparable standard to those examinations required in California. (c) An applicant for authority to use the title "structural engineer" may be considered for the individual examination only if s/he has passed a 16 hour examination in anotherstate which the board may deem equivalentto the written examination for structural authority given in California. This 16 hour examination shah have been in addition to the regular examination series for registration as a professional engineer, and shall have contained significant emphasis on seismic design and lateral load considerations Waiver of Fundamentals Examination. (a) An applicant for registration as a professional engineer whose - 62-

67 qualifications meet all requirements of the code and rules of the board "'iii be allowed to appearfor only the second division of the written examination prescribed by Section 6755 of the code if s/he meets one or more of the following requirements: (1) Holds valid registration as a professional engineer in another branch in California. (2) Holds valid certification as an engineer-in-training in another state obtained by passing a written examination which normally requires a minimum of eight hours to complete and the content of the examination is designed to test the candidates knowledge of fundamental engineering subjects, including mathematics and the basic sciences. (3) Is a graduate of an approved engineering curriculum and submits satisfactory evidence to the board that s/he has fifteen (15) years or more of qualifying experience. (4) Is a graduate of an engineering curriculum with a B.S. degree or equivalent four year engineering degree and submits satisfactory evidence to the board that s/he has seventeen (17) years or more of qualifying experience. (b) An applicant for license as a land surveyor whose qualifications meet all requirements of the code and rules of the board will be allowed to appear for only the second division of the written examination prescribed by Section of the code if s/he meets one or more of the following requirements: (1) Holds valid registration as a professional engineer in California. (2) Holds valid certification as an engineer-in-training obtained by passing a written examination which normally requires a minimum of eight hours to complete and the content of the examintion is designed to test the candidate's knowledge of fundamental engineering subjects including mathematics and the basic sciences. (3) Is a graduate of an approved land surveying curriculum and submits satisfactory evidence to the board that s/he has fifteen (15) years or more of qualifying experience. (4) Is a graduate of a land surveying curriculum with a B.S. degree or equivalent and submits satisfactory evidence to the board that s/he has seventeen (17) years or more of qualifying experience. (5) Holds a valid certification as a land surveyor-in-training in another state obtained by passing a written examination which normally requires a minimum of eight hours to complete and the content of the examination is designed to test the candidate's knowledge of fundamentals of land surveying including mathematics and the basic sciences. (c) An applicant for a California certification as an engineer-in-training or a land surveyor-in-training who holds valid certification in another state obtained as in (a)(2) or (b)(5) above, may be issued a California certificate Examination Not Permilled. A person certified, licensed or registered by the board in a category or branch is not permitted to take any portion of the examination for the same category or branch unless his certificate, license or registration has expired pursuant to Section or Section Authorization to Take Examination. (a) After the board evaluates the qualifications of an applicant and -63 -

68 establishes his/her eligibility for the examination, the' executive secretary may assign that applicant to the next scheduled examination for which his/her application qualified him/her. The executive secretary may without board action assign any applicant for certification as an engineer-in-training whose qualifications meet the requirements of the code and rules of the board, to the next scheduled examination. (b) Any applicant who, in the opinion of the board, lacks the qualifications for admission to the examination required by Section 6736, 6751 or 8742 of the code and rules of the board shall be declared ineligible: s/he shall have his/her application denied without prejudice and his/her application fee may be partially refunded in accordance with provisions of Section or of the code. (0) The executive secretaryshall notify each applicantofthe acceptance of his/her application or the reason for its denial. (d) Notification of the applicant's assignment and authorization to take the examination shall be made at least ten (10) days priorto the examination date and shall be in such form as may be prescribed by the executive secretary Examination Irregularities. (a) Communication between examinees during examination is strictly prohibited; and examinees are forbidden to receive any unauthorized assistance in the examination. (b) Before the commencement of an examination, examinees will be required to hand to the examiner any unauthorized printed orwritten matter or other devices in their possession which might serve to aid them in the examination. (c) Evidence of copying or collusion by an examinee may, in the discretion of the board, result in the denial of his/her application with prejudice, thereby forfeiting his application fee, and may prevent him/her from qualifying for future examinations. (d) An applicant in any regular written examination who places any identifying mark upon his/her examination papers, other than his/her identification number, may have his application denied by the board and forfeit his/her application fee Inspection of Examination. (a) An applicant who fails to obtain a passing grade in an eight-hour or longer written examination may inspect his/her examination papers during the appeal period as defined in Section 444 at such times and locations as may be designated by the executive secretary. Examination papers of unsuccessful applicants will be destroyed after the expiration of the appeal period. Examination papers of successful applicants will be destroyed at the time results of the examination are adopted by the board. (b) At the time of inspection, no one other than the examinee and a representative of the board shall have access to such examination papers. (c) Evidence that the applicant erased, deleted, removed or altered the examination papers, or the material contained thereon during such inspection, may result in the applicant being disqualified by the board from taking future examinations. -64-

69 444. Examination Al'l'eal. (a) Within sixty (60) days after the date notice of the results of his/her examination has been mailed to him/hef, an applicant who was unsuccessful in the examination may appeal to the board for a review of his/her examination papers. (b) The appeal from any part ofthe examination shali be made in writing; and it shall state the reason for such appeal, citing the item or items against which the appeai is directed. (c) The executive secretary may deny any appeal requesting a review of an examination that is not accompanied by information supporting the reason for such request or is not filed within the period of time provided in paragraph (a) of this ruie Postl'0nements. The executive secretary may grant a postponement, not to exceed two such postponements for each application to any applicant who for reasonable cause is prevented from appearing for examination at the time fixed, provided the applicant's request for postponement and the reason therefor is filed with the principal office of the board at any time prior to the expiration of the ten (10) day period immediatelyfoliowing the date of such examination Permissible Reference Material and Other Accessories. The executive secretary shall advise each examinee when s/he is notified that s/he is assigned to an examination, what reference and other materials may be used during the examination to which s/he has been assigned. Article 4. Miscellaneous 460. Curricula Al'l'roved by the Board. (a) A curriculum approved by the board as qualifying a graduate of that curriculum for four years' engineering experience, or a non-graduate with one-half year of experience for each year of study completed, as provided in Section 6751 of the code, is defined as any engineering curriculum leading to a first degree in engineering accredited by the Accreditation Board for Engineering and Technology. (b) The board may give one-half year of experience credit for each year of study completed in a non-approved engineering curriculum except that the maximum of such experience credit shall be wo years per applicant. (c) (1) The board may give one-half year of experience credit for each year of study completed in an approved curriculum leading to a degree in engineering technology except that the maximum of such experience credit shall be two years per applicant. (2) The board has approved the curricula leading to a degree in engineering technology which have been accredited by the Engineers' Council for Professional Development Testing Laboratory Rel'0rts. Reports issued bytesting laboratories shall be prepared by or under the supervision of a registered civil, electrical or mechanical engineer as - 65-

70 appropriate and signed or sealed by him/he, whenever such reports go beyond the tabulation of test data (composition of material, breaking stress, et cetera) and proceeds to: (a) Interpret the data to draw conclusions as to the characteristics of a civil engineering structure, an electrical or mechanical device or parts thereof. (b) Express civil, electrical or mechanical engineering judgment in the form of recommendations derived from the results of the test. (c) Perform design work in the preparation of plans, specifications, and other instruments requiring registration as a elvil, electrical and/or mechanical engineer Notice of Association or Disassociation With Partnership, Firm, or Corporation. (a) A registered professional engineer who is associated as the partner, member, officer or employee in responsible charge of professional engineering services offered or performed by a firm, partnership or corporation, shall notify the board within thirty (30) days of such association or termination of association on a form approved by the board. (b) A licensed land surveyor and/or civil engineer, who practices or offers to practice land surveying, according to the provisions ofsection 8729 of the Code, as a partner, member, or officer of a partnership, firm or corporation shall advise the board within thirty (30) days of such association or termination of association on a form approved by the board. (c) A licensed photogrammetric surveyor who is associated as a member, partner, officer or employee in a firm, partnership or corporation which offers or performs photogrammetric surveying services according to the provisions of Article S.5, Land Surveyors' Act, shall notify the board within thirty (30) days of such association or termination of association on a form approved by the board. (d) A firm, which contains partners, members or officers as described above, will be allowed six months following the death, disassociation or retirement of a member, partner or officer whose name the firm, partnership or corporation carried in its firm title to make a written request to the board for an investigation pursuant to the requirements of Section 6738(e) or of the Code. The board will determine if such firm is eligible to continue use of its firm title without change. (e) A civil engineer who forms or terminates an association with a building designer as provided in Section , Architects Act, shall notify the board in writing at the time of his/her association or termination of association on a form approved by the board Corner Record. (a) The corner record required by Section 8773 of the Code for the perpetuation of monuments shall contain the following information: (1) The County in which the corner is situated. (2) An identification of the township, range, base and meridian in which the corner is located. (3) Identification of the type of corner (section, township, quarter, etc.) as specified in the Manual of Instructions forthe Public Lands of the United - 66-

71 States or reference map when other monuments have been reset or perpetuated. (4) A description of the physical condition of the monument found or reset. (5) The date of the most recent visit to the monument. (6) A drawing showing courses and distances which ties the corner to other identifiable reference works. (7) A reference to the California Coordinate System, if known. (8) The date of preparation of the corner record, the signature of the licensee or registrant, and the license or registration number of the land suiveyor or registered civil engineer making the corner record. (9) The date the corner record was iiied and the title and name of the county surveyor or engineer. (10) A document or filing number. (b) A corner record shall be filed for each public land survey corner which is found, reset, or used as control in any survey by a licensed land surveyor or a registered engineer. Exceptions to this rule are identified in Section of the Land Surveyors Act. (e) The corner record shall be filed within 90 days from the date it was found, reset, or used as control in any survey. (d) A corner record may be filed for any property corner, property controlling corner, reference monument, or accessory to a property corner, together with reference to record information. (e) The standard markings and standard abbreviations used by the 8ureau of Land Management (formerly the General Land Office) of the United States Department of the Interior shall be used in the corner record Records of Survey. (a) When a record of survey which for good and sufficient reason beyond the control of the surveyor cannot be filed within 90 days after a survey (as required by Section 8762 of the Code), such survey shall be considered preliminary in nature until such time as the difficulties causing delay are resolved and shall be filed as soon thereafter as possible. (b) A record of survey map need not be filed with the positions of newly established lines can be determined by inspection of a map of record without the use of trigonometric calculations. (c) Maps iiied with the County Surveyor shall show measured lines and bearings. Whenever there is a material discrepancy from previously recorded data, it shall be noted on the map. (d) When a public officer has performed a survey which is subject to the requirements of Section 8762 of the Code, s/he shall comply with Section 876S(a) of the Code, or s/he shall iiie a record of survey map