Professional Engineers Act, Land Surveyors Act & Board Rules

Transcription

1 Professional Engineers Act, Land Surveyors Act & Board Rules 1987

2 Professional Engineers Act land Surveyors Act Board Rules as amended January 1,1987

3 Article 1. SECTIONS Table of Contents Professional Engineers Act Chapter 7. General Provisions Professional Engineers PAGES 6700 Professional Engineers Act (Repealed january 1,1985) Defines professional engineer "" Defines civil engineer., Defines electrical engineer Defines mechanical engineer Defines responsible charge of work Defines supervision of construction, Defines who may use various engineer titles Defines subordinate... 2 Article 2. Administration 6710 Board of registration Qualifications of board members Terms of appointment Removal of board members Appointment of executive officer Roster requirements, Rules and regulation, meetings, quorum (Repealed January 1, 1967) Authority to define scope of practice Oaths and testimony Board seal Per diem and expenses : (Repealed january 1,1971) (Repealed January 1,1951) Establishment and duties of technical advisory committees, Appointment and size oftac Qualifications of members of TAC Per diem and expenses for members of TAC Immunity of members of TAC... 4 Article 2.3. Professional Engineers Review Committees 6728 Establishment of review committees, Qualifications and size of committee Per diem and expenses Conduct of hearings Proposed decisions of committee Authority for rules and regulations Immunity provisions... 5 Article 3. Application of Chapter 6730 Necessity for registration ",'".,. ".., (Repealed january 1,1985) 6 v

4 Requirement for registered person in responsible charge of public sector engineering Definition of civil engineering Authority to perform engineering surveys Authority to offer to practice or procure land surveying work... 7 Restricted titles Exemption for use of title "Consulting Engineer" Photogrammetry - use oftitle"consuiting Engineer" 7 Unlawful use of seal after expiration or suspension of certificate... 8 Practice of civil engineering... 8 Practice of electrical engineering.., Practice of mechanical engineering... 8 Signing and seaiing of civii engineering pians No legal duty to supervise construction, 8 Unauthorized changes... 9 Signing and sealing of electrical engineering plans... 9 Signing and sealing ofmechanical engineering plans... 9 Certification defined Restriction on use of title "Structural Engineer" Qualifications and standards for use of title "Soil Engineer" Architectural exemption Structure exemptions Auth 0 rity for extension of civil en gineering practice 11 Contractor exemption - electrical, mechanical practice,, Contractor exemption - electrical, mechanical design 11 Authorization for practice entities - name Use of name of deceased or retired person Authorization to use land sulveyors name., '.' Exemption for officers and employees of U.S.A Exemption for subordinates Exemption for nonresidents Exemption for real estate broker or salesman Non-applicability to surveyors Exemption for land holder Exemption for building alterations Exemption for communications industry Exemptior for industries Article Registration Applications. Engineer-in-training and professional engineer application requirements. Foreign applicants. Board criteria for approving curricula. Civil engineer experience undercivil engineer direction. Professional engineer experience/education requirements. Armed forces experience, vi

5 6754 Examination time and place Examination requirements Second division requirements State laws and board rules examination Certificate, EIT (Repealed january, (Repealed january, Applications, multi-branches, Applications, reexaminations, Comity registration Temporary authorization Qualification by majority vote Certificate - professional engineer Structural, soil, soils, geotechnical authority Refund to unqualified applicants Seal Duplicate certificate Presumptive evidence of registration (Repealed january, (Repealed january, Article 5. Disciplinary Proceedings 6775 Complaints Conduct of proceedings Certificate - reissuance (Repealed January, 1945) Revocation upon conviction, (Repealed January, Article 6. Offenses Against the Chapter 6785 Authority to investigate violations Duty to prosecute Misdemeanors - misrepresentation Article 7. Revenue 6795 Certificate renewal time periods Renewal notices Delinquent registrations, less than 5 years Suspended certificate Revoked certificate Delinquent registration, over 5 years..., Board jurisdiction - validity ofwork -liability issues Delinquent renewals - special provisions Accounting and deposit of funds Refunds Fees - amount Land Surveyors Act Chapter 15. land Surveyors Article General Provisions Land Surveyors Act. Defines land surveyor vii

6 8702 Defines director Defines responsible charge,.., Defines practice Defines subordinate Defines board Defines executive officer Article 2. Administration 8710 Board authority Record of applications Roster Clerical assistance (Repealed January, 1971) Technical advisory committees Committee appointments Committee member license requirements Committee compensation Committee immunity Article 2.3. Land Surveyors Review Committees 8720 Review committees,, Committee appointments Committee per diem and expenses, Committee hearings Committee decisions Rules and regulations Committee immunity Article 3. Application of the Chapter 8725 Requirement for license Defines survey practice Defines authority to practice Geologic or landscape surveys exemption Restriction on design : Restriction on entities practice and name Exemptions to licensure (Repealed january, (Repealed january, Civil engineers authorization to practice Article I ssuance of License Applications (Repealed january, 1981) (Repealed january, (Repealed January, Examination requirements and waivers State Jaws and board rules examination requirements 8742 Education - experience requirements References required Support constitution - discharge duties Conduct and scope of examinations Qualification and reexamination Issuance of license Comity registration viii

7 Refund for unqualified Duplicate license eal Representation only by license holder Presumptive evidence of licensure, Temporary license Article 5. Surveying Practice 8760 Oaths Use of signature and seal Consistency of authority to sign and seal Responsibility for subsequent changes Record of survey when required Record of survey - land division Record of survey - sheet requirements Record of survey - technical requirements Required statements Record of survey - exemptions Record of survey - examination,, Record of survey - examination fee County surveyor endorsement., Record of survey explanation of differences Record of survey - timely filing Record of survey - filing costs Record of survey - filing and storage Record of survey - correction Defines certify/certification Record of survey - monumentatlon Record of survey - California coordinates Monumentation identification.., Corner records- record ofsurveyfor"lostcorners", Corner record form Corner record filing Corner record - monument rehabilitation., Corner record - sign and seal- when no record required 43 Article Photogrammetry Use of title. Photogrammetric services. Signature required. Fees " """"""""" """"", Article Article Disciplinary Proceedings License - suspens'lon or revocation,,,,,,,,,,,,,, Conduct of proceedings. (Repealed January, 1967). License revocation upon conviction,,,,,,,,,,,,,, License - reissuance,,.,,..,,,,.,..,,.,,.,.,,.., Offenses Against the Chapter Enforcement and prosecution,.,,,,..,.,..,.,. Duty to prosecute. Misdemeanors..,, ",..,..,., ".", ix

8 Article B. Revenue Accounting and deposit of funds. License renewals - time periods. Delinquent license, less than 5 years. Suspended certificate. Revoked license,,,,. Delinquent license, over 5 years. Status of restored, reinstated orreissued license. Renewal certificate fees - registered civil engineer Fee refunds,, Fees,. Grace period - delinquent license, Rules of the Board of Registration Article 1. General Provisions 400 Introduction '" Introduction '" Definitions Definition of Responsible Charge for Professional Engineers., '" Definition of Responsible Charge for Land Surveyors Delegation of Functions Fees Meetings Certificates Seal Address Change Approval of Engineering Disciplines Practice and Title Protection Practice Within Area of Competence Substantial Relationship Criteria Criteria for Rehabilitation Notification of Disciplinary Action Article 2. Applications 420 Applications Refile Application Final Filing Date Experience Applicant for Structural Authority Qualification requirements "Soil Engineer" Qualifying experience for "Soil Engineer" References Reference requirements for "Soil Engineer" Abandoned Applications Application appeal Article 3. Examinations 436 Schedule of Regular Written Examinations Individual Examination Waiver of Fundamentals Examination x

9 Article Examination Not Permitted..,,. Authorization to Take Examination. Examination Irregularities. Inspection of Examination ". Examination Appeal. Postponements..,..,,,,. Permissible Reference Material and Other Accessories.,,,, Miscellaneous Curricula Approved by the Board. Testing Laboratory Reports. Notice of Association or Disassociation With Partnership, Firm, or Corporation,,.. Corner Record. Records of Survey xi

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11 His tory Amendments enacted in 1985were: 1) A8 1644, Chapter 992, Statutes of 1985, which amended Section and 6763, effective January 1, 1986; 21 S8 128, Chapter 1134, Statutes of 1985, which amended Sections 6715,6726,6726.1,6726.2,6726.3,6726.4, 673S, 6751 (6751 in this biil supersedes S8 1030, Chapter 732, Statutes of 1985, Section 6751), 6753, 6755,6762,6764,6796, and , and added Sections , , , ,and , effective]anuary1, 1986; 31 S8 784, Chapter 1507, Statutes of 1985, which amended, renunibered, and added Sections and , effective january 1, 1986; 4) S8 790, Chapter 1327, Statutes of 1985, which amended Section , effective january1,1986; 51 S8 1030, Chapter 732, Statutes of 1985, which amended Sections 6700, 6704, 6712,6716, 6732, 6751 (superseded by S8 128), 6754, 6759, and 6787, and repealed Sections ,6730.1, and 6767, effective January 1, Amendments enactedin1986 were: 1) A8 3073, Chapter229, Statutes of 1986, which amended 5ectiqns 6703, 6738, and 6795, and added Sections 6728,6 and , effective January 1,1987. Notes For the reader's convenience, all new language adopted in 1986 is printed in italics. ( xiv

12 Chapter 7. Article I. Professional Engineers General Provisions Professional Engineers Act This chapter constitutes the chapter on professional engineers. It may be cited as the Professional Engineers Act. [Amended, Chapter 732, Statutes of [Repealed, Chapter 732, Statutes of Defines professional engineer "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 application 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, proce'sses, circuits, buildings, equipment or projects, and supervision of construction forthe purpose of securing compliance with specifications and design for any such work Defines civil engineer "Civil engineer" as used in this chapter means a professional engineerin the branch of civil engineering and refers to one who practices or offers to practice civil engineering in any of its phases Defines electrical engineer "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 Defines mechanical engineer limechanical 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 Defines responsible charge of work 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 does not refer to the concept of financial liability. [Amended, Chapter 229. Statutes of Defines supervision of construction The phrase "supervision of the construction of engineering structures" means the periodic observation of materi,us 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. -1-

13 6704. Defines who may use engineer titles In order to safeguard life, health, property, and public welfare, no person shall practice (ivil, electrical, or mechanical engineering unless appropriately registered or specifically 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." 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 equipment; 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 of Section , or by a person licensed as a photogrammetric surveyor. [Amended, Chapter 732, Statutes of 1985] Defines subordinate A subordinate is any person who assists a registered professional engineer in the practice of professional engineering without assuming responsible charge of work. Article 2. Administration Board of Registration There is in the Department of Consumer Affairs a State Board of Registration for Professional Engineers, and Land Surveyors, which consists of 13 members Qualifications of board 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 15 (commencing with Section 8700) 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 least 30 years of age, and shall have been a resident of this state for at least five years immediately proceeding his appointment Terms of appointment All appointments to the board shall be for a term offouryears. Vacancies shall be filled by appointment for the unexpired term. Each appointment thereafter shall be for a four-year term expiring on June 1 of the 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 -2-

14 occurs. No person shall serve as a member of th~ b9ard 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 Removal of board members The Governor may remove any member of the board for misconduct, incompetency or neglect of duty Appointment of executive officer The board shall appoint an ex"cutive officer at a salary to be fixed and determined by the board with the approval of the Director of Finance Roster requirements 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 Rules and regulations, meetings, quorum 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 Procedure 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 majority of the board constitutes a quorum. Except as otherwise provided by law, the vote required for any action of tile board is a majority of the members present, but not less than five. [Amended, Chapter 732, Statutes of [Repealed, Chapter 1656, Statutes of Authority to define scope of practice 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. -3-

15 6718. Oaths and testimony Any member of the board may administer oaths and may take testimony and proofs concerning all matters within the board's jurisdiction ard seal The board shall adopt and have an official seal which shall be affixed to all certificates of registration Per diem and expenses Each member of the board shall receive a per diem and expenses as provided in Section [Repealed, Chapter 108. Statutes of 1971J [Repealed. Chapter Statutes of 1951J Establishment and duties of technical advisory committees The board may establish one or more technical advisol)' 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 1985J Appointment and size of TAC 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 Statutes of 1985J Qualifications of members of TAC Except as provided in subdivision (c) of Section 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 Statutes of Per diem and expenses for members of TAC 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 Immunity of members of TAC 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) ofchapter1 of Part 2 of Division 3.6 oftitle 1 of the Government Code. [Amended. Chapter Statutes of

16 Article 2.3 Professional Engineers Review Committees Establishment of review commillees 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 nec ssajy Qualifications and size of commillee Each review committee shall consist of no fewer than three registered professional engineers appointed by the board. Each member of a committee shali have the same qualifications and shall be subject to the same rules and regulations as if he were a member of the board Per diem and expenses Each member of a committee shall receive a per diem and expenses as provided in Section 103 of this code Conduct of hearings Except as otherwise provided in this article, all hearings which are conducted by a committee shall be conducted in accordance with the provisions of Chapter S (commencing with Section 11S00l, 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 Proposed decisions of commillee At the conclusion of any hearing which is conducted by a committee, the committee shali 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 shali 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. 6728,5. Authority for rules and regulations The board may adopt, amend or repeal, in accordance with the provisions ofchapter4.s (commencing with Section 11371), Part1, Division 3, Title 2 of the Government Code, such rules and regulations as are necessary to implement these sections Immunity provisions Each member of a professional engineers review committee or other board-appointed committee and any board-appointed representative ofthe board shalf be granted the same immunity as is granted to a public employee pursuanuo Article 3 (commencing with Section 820) ofchapter 1 ofpart 2 of Division 3.6 of Title 1 of the Government Code. {Added, Chapter 229, Statutes of S-

17 Article 3. Application of Chapter Necessity for registration 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 Requirement for registered person in responsible charge of public sector engineering 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 Definition of civil engineering Civil engineering embraces the following studies or activitie~in connection with fixed works for irrigation, drainage, waterpower, water supply, flood control, inland watelways, harbors, municipal improvements, railroads, highways, tunnels, airports and ailways, 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 January , shall be authorized to practice all land surveying as defined in Chapter 15 (commencing with Section 8700) of Division Authority to perform engineermg surveys Civil engineering also includes the practice or offer to practice, either in a public or private capacity, all of the following: -6-

18 (a) Locates, relocates, establishes, reestablishes, or retraces the alignment or elevation for any of the fixed works embra.ced within the practice of civil engineering, as described in Section (bl Determines the configuration orcontour of the earth's surface or the position of fixed objects thereon or related thereto, by means of measuring lines and angles, and applying the principles of trigonometry or photogrammetry Authority to offer to practice or procure land surveying work Any registered civil engineer may offer to practice, procure, and offer to procure, land surveying 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 under the direction of, a licensed land surveyor or registered civil engineer authorized to practice land surveying. Further, any registered civil engineer may manage or conduct as manager, proprietor, or agent, a civil engineering practice which offers to practice, procure, and offers to procure, such inc'ldental land surveying work Restricted titles 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 orstamp of a professional engineer, orto in any manner use the title "professional engineer," "registered engineer," or "consulting engineer," or any of the following branch titles: "agricultural engineer," "chemical engineer," "civil engineer," "control system engineer," "corrosion engineer," "electrical engineer," "fire protection engineer," "industrial engineer," "manufacturing engineer," "mechanical engineer," "metallurgical engineer," "nuclear engineer," "petroleum engineer," "quality engineer," "safety engineer," "traffic engineer," or any combination of such words and phrases or abbreviations thereof unless registered hereunder. [Amended, Chapter 732, Statutes of 1985J Exemption for use of title "Consulting Engineer" 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 of such 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 5 (commencing with Section 67751, 6 (commencing with Section 67851, and 7 (commencing with Section of this chapter shall apply to all persons who are granted permission to use the title "consulting engineer" pursuant to legislation enacted in 1963 and 1965 and the amendments to this section enacted at the 1968 Regular Session Photogrammetry - use of title IIConsulting Engineer" Any person who possesses a valid certificate to practice photogrammet'y issued to him under the provisions of Chapter 15 (commencing with Section of this division may apply for, and be issued, a certificate of authority to use the title "consulting engineer," if all of the following requirements are satisfied: -7-

19 fa) 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 controi in furnishing consulting photogrammetric, geodetic, or topographic surveying 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 title "consulting engineer" granted under this section shall remain valid only while 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 678S), and Article 7 (commencing with Section 6795), of this chapter, shail appiy to the certificates issued as provided in this section and to the persons so certificated Unlawful use of seal after expiration or suspension of certificate 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 Practice of civil engineering Any person practices civil engineering when he professes to be a civil engineer or is in responsible charge of civil engineering work Practice of electrical engineering Any person practices electrical engineering when he professes to be an electrical engineer or is in responsible charge of electrical engine~ringwork Practice of mechanical engineering Any person practices mechanical engineering when he professes to be a mechanical engineer or is in responsible charge of mechanical engineering work Signing and sealing of civil engineering plans 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 shail be signed by him or her to indicate his or her responsibility for them. In addition to the signature, all final civil engineering plans, specifications, reports, or documents shall bear the seal or stamp of the 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 or she has the authority, the title "structural engineer" or, if he or she has the authority, the title "soil engineer." [Amended, Chapter 1134, Statutes of No legal duty to supervise construction The signing of civil engineering plans, specifications, reports, or documents which relate to the design of fixed works shail not impose a legal duty or responsibility upon the person signing the pians, specifications, reports, or documents to supervise the construction of engineering structures or the -8-

20 construction of the fixed works which are the subject of the 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 or otherwise, the provision of construction supervision services for rendering those services. [Added, Chapter 1507, Statutes of 1985J Unauthorized changes Notwithstanding Section 6735, a registered civil engineer who signs civil engineering plans, specifications, reports, or documents shall not be responsible for damage caused by subsequent changes to or uses of those 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 originally signed the plans, specifications, reports, or documents, provided that the engineering service rendered by the civil engineer who signed the plans, specifications, reports, or documents was not also a proximate cause of the damage. [Added, Chapter 1507, Statutes of 1985J Signing and sealing of electrical engineering plans All electrical engineering plans, specifications, reports, or documents prepared by a registered electrical engineer or by a subordinate under his or her direction shall 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. [Renumbered and Amended, Chapter 1 507, Statutes of 1985J Signing and sealing of mechanical engineering plans 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 responsibility for them. In addition to his or hersignature, the engineershall show his or her registration number or the stamp of his or her seal. [Renumbered and Amended, Chapter 1507, Statutes of 1985J Certification defined The use of the word "certify" or "certification" by a registered professional engineer in the practice ofprofessional engineering or land surveying constitutes an expression of professional opinion regarding those facts or findings which are the subject of the certification, and does not constitute a warranty or guarantee, either expressed or implied. [Added, Chapter 229, Statutes of 1986J Restriction on use of title IIStructural Engineer" No person shall use the title, "structural engineer," unless he is a 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 Qualifications and standards for use of title IISoil Engineer" (a) On or afterjuly 1,1984, no person shall use the title, "soil engineer," -9-

21 unless he or she 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 "soli engineer," On and afterjulyl, 1986, no person may use the title "soil engineer," "soils engineer," or"geotechnical engineer," unless he or she files an application to use the appropriate title with the board and the board determines the applicant is qualified to use the requested title. (b) The board shall estabiish 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 (d). (c) 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 comprised of soil engineers, soils engineers, and geotechnical engineers, and at least one registered civil engineer who does not hold a soils authority. (dl If any registered civil engineer furnishes satisfactory evidence of at least six years qualifying experience in soil engineering, soils engineering, or geotechnical engineering, as determined by the board, the board shall authorize that engineer to use the title "soil engineer," /lsoils engineer," or "geotechnical engineer" without an examination. This subdivision shall continue in effect only until December 31, (e) For purposes of this section, "qualifying experience" means proof of 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 "soil engineering," "soils engineering," "geotechnical engineering," "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 1985] Architectural exemption 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 Structure exemptions (a) This chapter does not prohibit any person from preparing plans, drawings, or specifications for any of the fohowing: (1) 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 -10 -

22 person to design multiple clusters of up to four c;jweliing units each to form apartment or condominium complexes where the total exceeds four units on any lawfully divided lot. (3) Garages or other structures appurtenant to buildings described under subdivision (a), of woodframe construction not more than two stories and basement in height. (4) Agricultural and ranch buildings of woodframe construction, unless the building official having jurisdiction deems that an undue risk to the public health, safety or welfare is involved. (bl Ifany portion of any 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 of plans, 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 of the licensee who is responsible for their preparation. IAmended, Chapter 1327, Statutes of ,2, Authority for extension of civil engineering practice 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 Contractor exemption - electrical, mechanical practice For the purpose of this chapter a contractor, licensed under Chapter 9 (commencing with Section 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 himself out as able to perform or does perform, which services are subject to the provisions of this chapter, are performed on behalf 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 Contractor exemption - electrical, mechanical design 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 Authorization for practice entities - names (al This chapter does not prohibit one or more civll, electrical, or mechanical engineers from practicing or offering to practice within the -11 -

23 scope of their registration, civil, electrical, or me~ha.nical engineering as of a partnership, firm, or corporation provided, all ofthe following requirements are met: (1) A civil, 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 supelvision of a registered engineer in the appropriate branch of professional engineering, who shall sign or stamp with his or her seal those 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)), provided that any holding out by the partnership, firm, or corporation of any individual or individuals to the public as a member, or members, of the partnership, firm, or corporation, other than by the use of the name or names ofthe individual or individuals in the partnership, firm, or corporate name, shall clearly and specifically designate the license status of the 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 engineeringby any persons, either as a member, officer, or employee ofany 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 selvices incidental to the conduct of their business. (d) This section shall not apply to, or prevent the use of the mime of, any partnership, firm, or corporation engaged in rendering civil engineering selvices which lawfully is in existence, orwas lawfully in existence on or after September 30, 1947, provided that all civil engineering plans, specifications, and reports are prepared by or under the direct supelvision of a registered civil engineer, who may be a memberofthe firm, or a permanent employee of the partnership, firm, or corporation, and that all civil engineering plans, specifications, and reports shall be signed by or stamped with the seal of the registered civil engineer in charge of their preparation. Nor shall this section apply to or prevent the use of the name of any partnership, firm, or corporation engaged in rendering electrical or mechanical engineering selvices which lawfully is in existence, orwas lawfully in existence, on or after December 31,1967, provided that 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, and 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 their preparation. (e) This section shall not prevent the use of the name of a partnership, firm, or corporation engaged in rendering professicnal engineering selvices -12 -

24 which lawfully is in existence or was lawfully' in. existence on or ilfter September 30, 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 of the engineering activities of the successor or survivor, determines, after investigation, that the actual operating organization of the partnership, firm, or corporation 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 the successor in interest or survivor shall otherwise be subject to the provisions of paragraphs III and (2) of subdivision laj. [Amended, Chapter 229, Statutes of ,1, Use of name of deceased or retired person The provisions of Section 6738 shall not prevent a partnership, 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 to the death or retirement and continuously after the death or retirement, and where Ib) the deceased or retired person shall have been a partner of such partnership, member of such firm, shareholder of such corporation, or a 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, if any, in personnel in charge of the engineering activities of such partnership, firm, or corporation, determines, after investigation, that the actual operating organization thereof is otherwise substantially the same as prior to the 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 11 I and (2) of subdivision lal of Section A partnership, firm, or corporation, which has complied with the provisions of subdivision (e) 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 Authorization to use land surveyors name Notwithstanding the provisions of subdivision lal of Section 6738 the name of a partnership, firm, orcorporation underwhich 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

25 6739. Exemplion for officers and employees of U.S.A. Officers and employees of the United States ofamerica practicing solely as such officers or employees are exempt from registration under the provisions of this chapter Exemplion for subordinales A subordinate to a civil, electrical or mechanical engineer registered under this chapter, or a subordinate to a civll, 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." Exemplion for nonresidenls Any person, firm, partnership, or corporation is exempt from registration under the provisions of this chapter who meets all of the following: (a) Is a nonresident of the State of California. (bl 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 Exemption for real estate broker or salesman Any person, firm or corporation holding a license as real estate broker or real estate salesman, when making appraisals and valuations of real 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 exempt from registration under the provisions of this chapter Non-applicabilily to surveyors This chapter does not affect Chapter 1S of Division 3 of this code, relating to surveyors, except insofar as th'" chapter is expressly made applicable Exemplion for land holder 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 health or safety or the health and safety of employees of the individual, firm, partnership or corporation Exemplion for building alleralions 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. (b) For any work necessary to provide for their installation

26 (c) For any alterations or additions to any' building necessary t9 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 Exemption for communications industry 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 Exemption for industries This chapter, except for those provisions which apply to civil 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 incidental to the products, systems, or services of such corporation or its affiliates. Article 4. Registration Applications 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 application fee prescribed by this chapter. An application for registration as a professional engineershajl specify, additionajly, the branch of engineering in which the applicant desires registration Engineer-in-training and professional engineer applications requirements (a) The applicant for certification as an engineer-in-training shall comply with all of the following: (1) Not have committed acts orcrimes constituting grounds for denial of registration under Section 480. (2) Successfully pass the first division of the examination. The applicant shall be eligible to sit forthe first division of the examination after satisfactory completion of three years or more of college or university education in a board-approved engineering curriculum or after completion of three years or more of board-approved experience. The board need notverify the applicant's eligibility other than to require the applicant to sign a statement of eligibility on the application form. (bl The applicant for registration as a professional engineer shall comply with all of the following: (1) Not have committed acts orcrimes constituting grounds for denial 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 competent to practice the character of engineering in the branch for which -15 -

27 he or she is applying for registration, and su~c~ssfujly pass the second division of the examination. (3) The applicant for the second division of the examination shall successfully pass the first division examination orshall be exempt therefrom. [Amended, Chapter 1134, Statutes of 1985] 6751,2. Foreign applicants 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 Board criteria for approving curricula The board shall by rule establish the criteria to be used for approving curricula of schools of engineering Civil engineer experience under civil engineer direction An applicant for registration as a civil engineer must have gained his experience under the direction of a civil engineer legally qualified to practice Professional engineer experience/education requirements With respect to applicants for registration as professional engineers, the board: la) Shall give credit as qualifying experience of four years, for graduation with an engineering degree from a college or university the curriculum of which has been approved by the board. Ibl 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. (c) May at its discretion give credit as qualifying experience of up to onehalf year, for each year of successfully completed study of und'ergraduate education in an engineering curriculum up to a maximum of four years credit. A year of study of undergraduate education shall be at least 30 semester units or 45 quarter units. (d) May at its discretion give credit as qualifying experience not in excess of one year, for satisfactory postgraduate work in a school of engineering with a board approved postgraduate curriculum. (e) May at its discretion give credit as qualifying experience for engineering teaching, not in excess of one year, if of a charactersatisfactory to the board. [Amended, Chapter 1134, Statutes of 1985] Armed Forces experience All applicants shall be given equal credit for engineering experience in the armed forces of United States as with any other comparable engineering experience Examinalion lime and place Examination for registration shall be held at such times and places 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

28 Work of the board relating to examination and registration may be divided into committees as the board shall direct. The scope of exaitlinations and the methods of procedure may be prescribed by board rule. [Amended, Chapter 732, Statutes of Examination requirements (a) Examination duration and composition shall be designed to conform to the following general principle: The first division of the examination shall test the applicant's knowledge of appropriate fundamental engineering subjects, including mathematics and the basic sciences; 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 the professional 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 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 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 Second division requirements The second division ofthe examination for registration as a professional engineer shall include questions to test the applicant's knowledge of state 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 of seismic principles and engineering surveying principles as a separate part of the second division of the examination for registration as a civil engineer. [Added, Chapter 1134, Statutes of State laws and board rules examination The board shall prepare and distribute to applicants for the second division of the examination, a plain language pamphlet describing the important laws and the board's rules and regulations regulating the practice of professional engineering in the state. That portion of the 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

29 6756. Certificate, EIT (a) An applicant for certification as an 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 appiication fee, shall be charged for this certification. 5uch certificate shall become invalid when the hoider has quaiified 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 [Repealed, Chapter 896, Statutes of Applications, multi-branches Applicants who profess to be qualified in more than one branch of engineering shall be required to file an application for each branch in which they wish to be registered Applications, reexaminations An applicant failing in an examination may be examined again upon filing a new application and the payment ofthe application fee fixed by this chapter Comity registration The board, upon application therefor, on its prescribed form, and the payment ofthe 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 of registration issued to him or her by any state or country when the applicant's qualifications meet the requirements of this chapter, and rules established by the board. The board shall not require a comity applicant to meet any requirement not required of California applicants. For purposes of this section, equivalent second division examinations shall be eight-hour written examinations prepared by or administered by a state or territory either by single 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 inwhich their experience and education indicate the closest relationship. [Amended, Chapter 732, Statutes of Temporary authorization 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 5ection 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. (b) The applicant is legally qualified to practice that branch of engineering in the state or country where he or she maintains a place of business

30 (c) The applicant demonstrates by means qf an individual appea~ance 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 for which the applicant proposes to practice under the temporal)' 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 temporary authorization to the applicant Qualification by majority vote In determining the qualifications of an applicant for registration, a majority vote of the board is required Certificate - professional engineer Any applicant who has passed the second division examination and has othervvise qualified hereunder as a professional engineer, shall 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 Structural, soil, soils, geotechnical authority Application for authority to use the title "structural engineer;" "soil engineer," "soils engineer," or "geotechnical engineer" shallbe made to the board on forms prescribed byit 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 passedthe examination prescribed by the board, or an applicant for authority to use the title "soil engineer," "soils engineer," or "geotechnical engineer" whose application is submitted prior to July 1,1986, and who has othelwise 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," "soil engineer," "soils engineer," 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 Refund to unqualified applicants 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 Seal Each professional engineer registered under this chapter shall, upon -19 -

31 registration, 'obtain a seai or stamp of a desig~ authorized by the board bearing the registrant's name, number of his or her certificate or authority, the legend "professional 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 of1985j Duplicate certificate 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 chapter shall be charged Presumptive evidence of registration 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 1975J Article 5. Disciplinary Proceedings Complaints The board may receive and investigate complaints against registered professional engineers, and make findings thereon. 8ya majority vote, the board may reprove, privately or publicly, or may suspend for a period 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. Ib) Who has been found guilty by the board of any deceit, misrepresentation, violation of contract, fraud, negligence or incompetency in his practice. (c) Who has been found guilty of any fraud or deceit in obtaining his certificate. (d) Who aids or abets any person in the violation of any provisions ofthis chapter. Ie) Who violates any provision of this chapter Conduct of proceedings The proceedings under this article shall be conducted in accordance with Chapter 5 of Part 1 of Division 3 oftitle 2 of the GovernmentCode, and the board shall have all the powers granted Certificate - reissuance 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 887, Statutes of 1945J -20-

32 6779. Revocation upon conviction A plea or verdict of guilty Or a conviction following a plea of nolo contendere made to a charge substantially related to the qualifications, functions and duties ofa 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 Article 6. Offenses Against the Chapter Authority to investigate violations The board shall have the power, duty, and authority to investigate violations of the provisions of this chapter Duty to prosecute 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 of the executive officer of the board, under the direction of the board, to aid these officers in the enforcement of this chapter Misdemeanors - misrepresentation Everyperson is guilty of a misdemeanor and for each offense ofwhich he or she is convicted is punishable by a fine of not more than one thousand dollars ($1,0001 or by imprisonment notto exceed three months, or by both fine and imprisonment: (a) Who, unless he or she is exemptfrom registration under this chapter, practices or offers to practice civil, electrical, or mechanical engineering in this state according to the provisions of this chapter without legal authorization. (b) Who presents or attempts to file as his or her own the certificate of registration of another. (cl Who gives false evidence of any kind to the board, or to any member thereof, in obtaining a certificate of registration. (dl Who impersonates or uses the seal of any other practitioner. (e) Who uses an expired or revoked certificate of registration. (ft Who shall represent himselfor herself as, or use 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 civil, electrical, or mechanical engineering in any of its branches, unless he or she is correspondingly qualified by registration as a civil, electrical, ormechanical 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. 21 -

33 (hi Who uses the title, or any combination of such 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. (j) Who uses the title "consulting engineer" without being registered as required by this act or without being authorized to use such title pursuant to legislation enacted at the 1963, 1965 or 1968 Regular Session. (jl Who violates any provision of this chapter. [Amended, Chapter 732, Statutes of 1985] Article 7. Revenue Certificate renewal time periods Certificates of registration as a professional engineer, and certificates of authority, shall be valid for a period of four years from the assigned date of renewal. Quadrennial renewals shall be staggered on a monthly basis. To renew an unexpired certificate, the certificate holder shall, 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. [Amended, Chapter 229, Statutes of 1986] Renewal notices Within 60 to 90 days prior to the expiration of a certificate of registration or certificate of authority, the board shall mail to the registrant or authority holder a notice of the pending expiration. That notice shah 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-mail, to the registrant's or authority holder's address. [Added, Chapter 1134, Statutes of 1985] Delinquent registrations, less than 5 years Except as otherwise provided in this article, certificates of registration as a professional engineer, and certificates of authority may be renewed atany time within five years after expiration on filing of application for renewal on a form prescribed by the board and payment olthe 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 1985] Suspended certificate A suspended certificate is subject to expiration and shall be renewed as provided in this article, but such renewal does not entitle the holder of 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. -22-

34 Revoked certificate 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, Delinquent registration, over 5 years 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 or of a certificate under Section 480. If the 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 practicing with an expired license or delinquent 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 would be required of him orher ifhe orshe were then applying for the certificate for the first ti me, or otherwise 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 Statutes of 1985) Board jurisdiction - validity of work - liability issues Once an expired or delinquent certificate of registration or certificate of authority is renewed, restored, reinstated, or reissued pursuant to Section 6796 or , all the following shall apply: (a) 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. (bl 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. (cl The renewal, restoration, reinstatement, or reissuance of a registration or certificate of authority shall not affect liability issues regarding work 23 -

35 performed during a period of expiration or delir:1quency, nor does the fact of performance during a period of expiration on delinquency affect liability issues. [Added, Chapter 1134, Statutes of 1985] Delinquent renewals - special provisions Notwithstanding any other provision of law, the board may adopt rules to provide an opportunity from January 1,1986, to December 31,1987, for current delinquent registrants to have their certificate of registration or certificate of authority renewed, restored, reinstated, or reissued. The board may provide a special fee including any appropriate penalties for such action. The board may require the taking of an examination if the applicant's certificate or authority is more than five years delinquent. [Added, Chapter 1134, Statutes of 1985] Accounting and deposit of funds The department shall receive and account for all money derived from the operation of this chapter and, at the end ofeach month, shall reportsuch 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 of this chapter Refunds The board may make refunds of all fees in accordance with Section 158 of this code Fees - amount 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 ($175), 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 25 percent of the application fee in effect on the date of application. (c) The renewal fee for each branch of professional 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. -24-

36

37 History Amendments enacted in 1985 were: 1) , Chapter 1507, Statutes of 1985, which addedsection , effectivejanuary1,1986; 2) , Chapter 670, Statutes of 1985, which amended Sections 8726 and 8730, effective January 1,1986. Amendments enactedin 1986 were: 1) A8 3073, Chapter229, Statutes of 1986,which amended Sections 8703, 8712, 8715, , , , ,8729,8731,8611, 8764, , 8765 and 8803, and addedsections , , , and 8806, effective)anuary 1, 1987; 2) , Chapter 248, 5tatutesof1986, which amendedsection 8706, effective January 1, Notes For the reader's convenience, ai/new language adopted in 1986 is printed in italics. -26~

38 Chapter 15. Article 1. Land Surveyors General Provisions land Surveyors Act This chapter of the Business and Professions Code constitutes the chapter on land surveyors. It may be cited as the Land Surveyors' Act Defines land surveyor uland surveyor" refers to one who practices or offers to practice land surveying Defines director "Director" refers to the Director of Consumer Affairs Defines responsible charge The phrase "responsible charge of work" means the independent control and direction, by the use of initiative, skill, and independent judgment, of the observations j measurements, and descriptions involved in land surveying work. The phrase does not refer to the concept of financial liability. [Amended, Chapter 229, Statutes of 1986} Defines practice Any person practices land surveying when he professes to be a iand surveyor or is in responsible charge of land surveying work Defines subordinate A subordinate is any person directly supervised by a licensed iand surveyor or registered civil engineer and who assists a licensed land suiveyor or registered elvii engineer in the practice of land surveying without assuming responsible charge of work Defines board "Board" refers to the State Board of Registration for Professional Engineers and Land Surveyors. [Amended, Chapter 248, Statutes of 1986} Defines executive officer II Executive officer" refers to the executive officer of the board. Article 2. Administration ard authority 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, Record of applications The executive officer of the board shall keep a complete record of all applications for license and the board's action thereon. -27-

39 8712. Roster The executive officer shall prepare, once every two years, a roster containing 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 ofeacl, year, except the year in which the roster is prepared, the executive officer shalt prepare a supplemental roster showing changes in.-1 additions to the roster. The executive officer shalf also prepare, at least once a year, a supplemental roster containing the names and addresses ofall licensees who are delinquent in paying their fees, whose licenses have expired, or who are deceased. 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. The rosters shall be public records. [Amended. Chapter 229, Statutes of 7986] Clerical assistance The department may employ such clerical assistance under civil service regulations as may be necessary properly to carry out and enforce the provisions of this chapter [Repealed, Chapter 10B, Statutes of 1971 ] Technical advisory committees The board may establish licensed land surveyor technical advisory committees to advise and assist the board with respect to the fof/owing: (1) The review and verification of applications for licensure. (2) The evaluation and investigation of potential violations of this chapter. (3) The amendment, repeal, adoption, or revision of board rules. regulations, policies, or procedures. [Amended, Chapter 229, Statutes of 7986[ Committee appointments 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 229, Statutes of Committee member license requirements Each member of each technical advisory committee shall be licensed under this chapter. [Amended, Chapter 229, Statutes of 7986] Committee compensation All members of each technical advisory committee shall serve without compensation but shall receive per diem and expenses as provided in Section 103. [Amended, Chapter 229, Statutes of 7986[ - 28-

40 Committee immunity 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 8201 ofchapter 1 of Part 2 of Division 3.6 oftitle 1 of the Government Code. [Amended, Chapter 229, Statutes of Article 2.3. land Surveyors Review Committees Review committees The board, when it deems necessal)', may establish land surveyors 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 necessal)' Committee appointments 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 Committee per diem and expenses Each member of a committee shall receive a per diem and expenses as provided in Section Committee hearings Except as otherwise 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 Commillee decisions 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 dec',sion shall be subject to the same procedure as the proposed decision of a hearing officer under subdivision Ibl and (cl of Section of the Government Code Rules and regulations The board may adopt, amend or repeal, in accordance with the provisions of Chapter4.5 (commencing with Section 11371), Part 1, Division 3, Title 2 of the Government Code, such rules and regulations as are necessary to implement the provisions of this article Commillee immunity Each member of a land surveyors review committee or other boardappointed committee and any board-appointed representative ofthe board shalf be granted the same immunity as is granted to a public employee - 29-

41 pursuant to Article 3 (commencing with Section 820; ofchapl Division 3.6 of Title 1 of the Government Code: [Added, Chapter 229, Statutes of 1986[ Article 3. Application of the Chapter Requirement for license 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 to practice, or represent himself, as aland surveyor in this State, or to 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 Defines survey practice A person, including any person employed by the state or by a city, county, or city and county within the state, practices land surveying within the meaning of this chapter who, either in a public or private capacity, does or offers to do anyone or more of the following: (al 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 of the 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. (c) Locates, relocates, establishes, reestablishes, or retraces any property line or boundary of any parcei of iand, 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 "subdivision" or "resubdivision" shall be defined to indude, but not limited to, the definition in the Subdivision Map Act (Division 2 (commencing with Section 6641 Q) of Title 7 of the Government Code) or the Subdivided Lands Law (Chapter 1 (commencing with Section ) of Part 2 of Division 4 of the Business and Professions Code). (e) By the use of the principles of land surveying determines the position for any monument or reference point which marks a property line, boundary or corner, or sets, resets, or replaces any such monument or reference point. (fl Geodetic or cadastral surveying. (g) Determines the information shown or to be shown on any map or document prepared or furnished in connection with anyone or more of the functions described in subdivisions (ai, (b), (cl, (dl, (el, and (fl. (hi indicates, in any capacity or in any manner, 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. (i) Procures oroffers to procure land surveying work for 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

42 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 of the 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] I Defines authority to practice 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 Geologic or landscape surveys exemption 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 Restriction on design 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 Restriction on entities practice and name This chapter does not prohibit one or more licensed land surveyors or registered civil engineers from practicing, or offering to practice, within the scope of their registration, land surveying as a partnership, firm, or corporation, provided that a land surveyor licensed pursuant to this chapter or a civil engineer registered pursuant to Chapter 7 (commencing with Section 6700) is the partner, member, or directing officer in charge of the land surveying practice of the partnership, firm, or corporation, and provided that all land surveying work and documents are done by or under theciirect~llpervisiqq of~licensedlandsurveyor or registered civilengineer.thefirmorcorp()ra~~, name under which those Individuals offer and do practice land surveying m:bxrtitn~ir7jyns~iti8h~ipt.. it :t'tlayc:()9.~. ~in9.9iyi~h..~... i9~m~..().r:9~m~1.pt ~\ 1..jSTn2?i:liJBn9..s9rytY9rsiarlqr~gjstl?red.. tn.~i.9?~.r~i...]..iytl1.g9r.. 8.~.~81.. ~.r9. ~l?,. or~f were when living, members of the firm or directors of the corporatlon.1f 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 than the practice of land surveying from employing a licensed land surveyor or registered civil engineerto perform land surveying services incidental to the business of that individual, firm, or corporation. This section shall not prevent the use of the name of any partnership, firm, company, association, or corporation in existence on June1, 1941, ifall of the members or officers and directors of that partnership, firm, company, association, or corporation were on that date individually licensed as land - 31-

43 surveyors pursuant to this chapter or registered civil engineers pursuant to Chapter 7... [Amended, Chapter 229, Statutes of Exemptions to licensure 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 [Repealed, Chapter 1965, Statutes of 1965J [Repealed, Chapter 1967, Statutes of 1965J Civil engineers authorization to practice A registered civil engineer and a civil engineer exempt from registration under Chapter 7 (commencing with Section 6700) of Division 3 are exempt from licensing under this chapter and may engage in the practice of land 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 after January 1,1982, they shall pass the second division examination provided for in Section 8747, and obtain a land surveyor's license, before practicing land surveying as defined in this chapter. [Amended, Chapter 229, Statutes of Article 4. I ssuance of License Applications 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 [Repealed, Chapter 502, Statutes of [Repealed, Chapter 1202, Statutes of Examination requirements and waivers (a) The first division of the examination shall test the applicant's 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 - 32-

44 engineer-in-training examination, or who hold professional enginee~ 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. Ib) 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 famillarwith the procedure and rules governing the survey of 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 Id) 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 State laws and board rules examination requirements The second division of the examination for licensure as a land surveyor shall include questions to test the applicant's knowledge ofstate laws and the board's rules and regulations. The board sha/l prepare and distribute to applicants for the second division of the examination, a plain language pamphlet describing the important laws andthe board's rules and regulations regulating the practice of land surveying in the state. That portion of the second division of the examination for licensure as a land surveyor which tests 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 sha/l administer the test on state laws and board rules as a separate part ofthe second division examination for licensure as a land surveyor. [Added, Chapter 229, Statutes of 1986] Education - experience requirements (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: - 33-

45 (1) Shall count one year of postsecondaryeduciltion in land suiveyingas 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 oris 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 completed. (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 References required The names and addresses of at least four land surveyors or civil engineers, duly qualified to practice in the place in which such practice has been conducted, each ofwhom has sufficient knowledge ofthe 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 Support constitution - discharge duties The applicant forthe 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 Conduct and scope of examinations 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 Qualification and reexamination 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 Issuance of license Any applicant who has passed the examinations prescribed by the board shall have a suitable license issued to him. (a) 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 holder of a valid land surveyor-in-training certificate

46 (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 Comity registration 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 ofthis chapterand rules established by the board Refund for unqualified 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 examination for such license or certification, the board may, in accordance with the provisions ofsection 158 of this code, refund to him one-half of the amount of his application fee Duplicate license 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 Seal Upon being licensed, each licensee may obtain a seal of the design authorized by the board bearing the licensee's name, number of certificate and the legend "Licensed Land Surveyor." Representation only by license holder No person shall represent himself as, or use the title 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 Presumptive evidence of licensure An unrevoked, unsuspended and unexpired license, or renewal certificate, issued by the board is presumptive evidence in all courts and places that the person named is legally licensed under this chapter Temporary license A temporary license as a land surveyor may be granted, upon application and payment of the temporary license fee fixed by this chapter, if the applicant complies with each of the following provisions: (a) The applicant maintains no place of business in this state. Ibl 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. Icl 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

47 Article 5. Surveying Practice Oaths Every licensed land surveyor 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. (b) When a corner or monument is found in a perishable condition, and it appears desirable that evidence 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 Use of signature and seal Any licensed land surveyor orregistered civil engineer may practice land surveying and prepare maps, plats, reports, descriptions, oretherdocumentary evidence in connection therewith. All maps, plats, reports, descriptions, or other documents issued by the licensed land suiveyor or registered civil engineer shall be signed by the surveyor or engineer to indicate the surveyor's or engineer's reponsibility for them. In addition to the signature, the map, plat, report, description, or other document shall bear the seal or stamp of the licensee or registrant and the expiration date of the license or registration. 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 the map, plat, report, description, or other document is filed as a public record. It is unlawful for any person to sign, stamp, orseal any map, plat, report, description, or other document unless the person is authorized to practice land surveying.. [Amended, Chapter 229, Statutes of Consistency of authority to sign and seal 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 Responsibility for subsequent changes Notwithstanding the provisions of Section 8761, a registered civil engineer or licensed land surveyor who signs land surveying maps, plats, reports, descriptions, or othersurveying 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 othersurveying documents"provided that the engineering or surveying service rendered by the civil engineer or land surveyor who signed the maps, plats, reports, descriptions, or other surveying documents was not also a proximate cause of the damage. [Added, Chapter 1507, Statutes of 1985J - 36-

48 8762. Record of survey when required After making a survey in conformity with the practice of land 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 mapdr 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 Jines, or in dimensions. (c) Evidence that, by reasonable analysis, might result in materially alternate positions of lines 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 Bureau of Land Management of the United States. (d) The establishment of one or more points or lines not shown on any subdivision map, official map, or record of survey, the positions of which are not ascertainable from an inspection of the subdivision map,official map, or record of survey without trigonometric calculations. (e) The points or lines set during a survey of any parcel 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 of survey 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 90-day time limit contained in this section cannot be complied with for reasons beyond the control 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, he or she shall, prior to the expiration of the 90-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 completion 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 ornumbers. 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 - 37-

49 shall then provide information requested by the county surveyor without unreasonable delay. Any record of survey filed with the county surveyor shall, after being examined by him or her, be filed with the county recorder Record of survey - land division 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 land 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 ifthe 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 of Title 7 of the Government Code, and any applicable local ordinance enacted pursuant thereto Record of survey - sheet requirements 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 polyester base film, 18 by 26 inches. If ink is used on polyester base film, the ink surface shall be coated with a suitable substance to assure permanent legibility. A one-inch blank margin shall be left on each edge of the map Record of survey - technical requirements The record of survey shall show the applicable provisions of the following consistent with the purpose of the survey: (a) All monuments found, set, reset, replaced, or removed, describing their kind, size, and location, and giving other data relating thereto. (b) Bearing orwitness monuments, basis of bearings, bearing and length of lines, scale of map, and north arrow. ie) Name and legal designation of the property in which the survey is located, and the date or time period of the survey. (dl The relationship to those portions of adjacent tracts, streets, or senior conveyances which have common lines with the survey. (el Memorandum of oaths. (fi Statements required by Section (gl Any other data necessary for the intelligent interpretation of the various items and locations of the points, lines, and areas shown, or convenient for the identification of the surveyor surveyor, as may be determined by the civil engineer or land surveyor filing the record of survey. The record of survey shall also show, either graphically or by note, the reason or reasons, if any, why the mandatory filing provisions of subdivisions (al to iel, inclusive, of Section 8762 apply. The record of survey need not consist of a survey of an entire property. IAmended, Chapter 229, Statutes of Required statements 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 of the Land Surveyors' Act at - 38-

50 the request of-----cc--~cc::--_:_~-_:_:-c:_----- Name of Person Authorizing Survey in ~, 19. ISigned and sealedl _ LS. lor R.CU No.. _ COUNTY SURVEYOR'S STATEMENT This map has been examined in accordance with Section 8766 of the Land Surveyors' Act this day of, 19. ISigned and sealedl _ County Surveyor L.5. (or R.CE.I No. _ RECORDER'S STATEMENT Filed this ----c- day of., 19 ~, at.m. in Book ~------c-- of at page, at the request of ~---cc---- (Signedl -=- --:- _ County Recorder No othercertificates orstatements may appear on the face ofthe map except those required or authorized by this article. [Amended, Chapter 229, Statutes of Record of survey - exemptions A record of survey is not required of any survey: lal When it has been made by a pubiic officer in his or her official capacity and a reproducible copy thereof, showing all data required by Section 8764, except the recorder's statement, has been filed with the county surveyor of the county in which the land is located. Any map so filed shall be indexed and kept available for public inspection. (bl Made by the United States Bureau 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 Jines shown on a subdivision map, official map, or a record of survey, where no material discrepancies with those records are found and sufficient monumentation is found to 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 of a different character than indicated 5y prior records. For purposes of this subdivision, a "material discrepancy" is limited to a material discrepancy in the position of points or lines, or in dimensions. [Amended, Chapter 229, Statutes of Record of survey - examination Within 20 working days after receiving the record of survey, or within such additional time as may be mutually agreed upon by the land surveyoror civil engineer and the county surveyor, the county surveyor shall examine it with respect to all of the foilowing: (a) Its accuracy of mathematical data and substantial compliance with the information required by Section Ibl Its compliance with Sections , 8763, , , and ~39 -

51 The examination pursuant to this section shall t1ot.require the licensed land surveyor or registered civil engineer submitting the record of survey to change the methods or procedures 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 of survey, 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 Record of survey - examination fee 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 ($1 00), 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 ordinance was adopted pursuant to a staff report demonstrating that the cost of providing the examination service actually exceeds one hundred dollars ($100) per record of survey County surveyor endorsement If the county surveyor finds that the record of survey complies with the examination in Section 8766, the countysurveyor shallendorse a statement on it of his or her examination, and shall present it to the county recorder for filing. Otherwise the county surveyor shall return it to the person who presented it, together with 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 Record of survey explanation of differences If the matters appearing on the record ofsurvey 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 county surveyor to the county recorder for filing, and the county recorder shall file the record of survey Record of survey - timely filing If the county surveyor fails to timely file the record of survey with the county recorder in 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 ofsurvey. After the licensed land surveyor orregistered civil engineer resubmits and requests the record of survey be filed without further 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 surveyor of 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. -40-

52 8769. Record of survey - filing costs 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 Record of survey - filing and storage The record of survey filed with the county recorder ofanycounty shall be securely fastened by him into a suitable book provided for that purpose. He shah 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 Record of survey - correction Any record of survey filed under the provisions of this chapter may be amended to show any course or distance that was omitted therefrom, arto correct any error in: course ordistance 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 underthe provisions of the Subdivision Map Act, Division 2 (commencing with Section 66410) of Title 7 of the Government Code Defines certifylcertification The use of the word "certify" or "certification" by a licensed iand surveyor or registered civil engineer in the practice ofprofessional engineering or land surveying or the preparation ofmaps, plats, reports, descriptions, or other surveying documents only consututes an expression ofprofessional opinion regarding those facts or findings which are the subject of the certification, and does not constitute a warranty or guarantee, either expressed or impiied. [Added, Chapter 229, Statutes of Record of survey - monumentation Monuments set shall be sufficient in number and durability and efficiently placed so as not to be readily 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 surveyoror registered civil engi,neer 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 controjling monuments shall be retained or replaced 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 monumentation required bythis section. Itshall be the dutyofevery land surveyor -41-

53 or civil engineer to cooperate with such governme.ntql agency in matters.ot maps, field notes, and other pertinent records. Monuments set to mark the limiting linesof highways, roads, or streets 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 Record of survey - California coordinates When coordinates in the California Coordinate System are shown for points on a record ofsurvey 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 Monumentation identification 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 surveyor or civil engineer setting it, each number to be preceded by the letters "L.s." or"r.c.e.," respectively, as the case may be or, if the 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 Corner records.,...- record of survey for IIl0st" corners lal Except as provided in subdivision (bl of Section , a person authorized to practice land surveying in this state shall complete, sign, stamp with his or her seal and file with the county surveyor orengineerof the county where the corner is situated, a written record of corner establishment or restoration to be known as a "corner record" for every corner established by the Survey of the Public Lands of the United States, except "lost corners," as defined by the Manual of Instructions for the Survey of the Public 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 authorized person. (bl 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 shall be filed as set forth in Section (cl Any person authorized to practice land surveying in this state may file such corner record for any property 'corner, property controlling corner, reference monument, or accessory to a property corner Corner record form The board shall by regulation provide and prescribe the information which shall be necessary to be included in the corner record and the board shah prescribe the form in which such corner record shall be presented and filed, and the time limits within which the form shall be filed Corner record filing (a) A "corner record" filed with the county surveyor or engineer shall, after being examined by him be filed with the county surveyor. (b) The county surveyor ofthe county containing the corner shall receive and record the completed corner record. Ic) The corner record filed with the county surveyor of any county shall be securely fastened by him into a suitable book provided for that purpose

54 (d) A charge forexamining, indexing and filing the corner record may be coliected by the county surveyor, not to exceed the amount required for the recording of a deed Corner record - monument rehabilitation In every case where a corner record is filed pursuant to Section 8773, the licensed land surveyor or registered civil engineer shall reconstruct or rehabilitate the monumentof such corner, and accessories to such corner, so that the same shali be ieft by him in such physical condition thatit remains as permanent a monument as is reasonabiy possibie and so that the same may be reasonably expected to be iocated with facility at ali times in the future Corner record - sign and seal - when no record required (a) No cornerrecord shali be filed unless the same is signed byalicensed land surveyor or registered civil engineer and stamped with his seal, or in the case of an agency of the United States government orthe 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) Ali 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. This section shali not apply to maps filed prior to the effective date ofthis section. Article 5.5. Photogrammetry Use of title No person shali 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 Photogrammetric services 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 contractorsi 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 ora property boundaryor boundaries the work is certified orattested to by a registered civil engineeror land surveyor Signature required 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 Fees Photogrammetric surveyor licenses shall be renewable upon payment of the fee fixed by the board for which a renewal certificate shall be issued

55 Photogrammetricsurveyorlicense fees shall be the.sar:ne as those prescrib!=d for land surveyor's licensing; and the provisions of this chapter relating to revenue, and with respect to disciplinary proceedings, shailsimiiarly apply. Article 6. Disciplinary Proceedings License - suspension or revocation Bya 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 Icommencing with Section 6700) of Division 3, whom it finds to be guilty of: (a) Anyfraud, deceit, negligence, or incompetency in his practice ofland surveying. Ib) Any fraud or deceit in obtaining his license. Ie) Any violation of any provision of this chapter or of any other law relating to or involving the practice of land surveying. Id) Any conviction of a crime substantiaily related to the qualifications, functions and duties of a land surveyor. The record of the conviction shall be conclusive evidence thereof. Ie) Aiding or abetting any person in the violation of any provision of this chapter. 10 A breach ofcontract in connection with the practice of land surveying Conduct of proceedings The proceedings under this article shail be conducted in accordance with Chapter 5 of Part 1 of Division 3 oftide 2 of the Government Code, and the board shail have ail the powers granted therein [Repealed, Chapter 1667, Statutes of License revocation upon conviction A plea or verdict of guilty or a conviction following a plea of nolo contendere made to a charge substantially related to the qualifications, functions and duties ofaland 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 ailowing 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 or indictment license - reissuance 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. -44-

56 Article 7. Offenses Against the Chapter Enforcement and prosecution The board shall enforce all of the provisions of this chapter and cause the prosecution of all violations coming to its notice Duty to prosecute 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 Misdemeanors Every person is guilty of a misdemeanor: lal 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. (cl Who attempts to file as his own any record ofsurvey underthe license of another. Idl Who gives false evidence of any kind to the board, orto any member, in obtaining a license. (e) Who faisely impersonates or uses the seal of another practitioner, of like or different name. (f) Who uses an expired or revoked license. Ig) Who violates any provision of this chapter [Repealed, Chapter 1204, Statutes of 1972] Article 8. Revenue Accounting and deposit of funds The department shall receive and account for all money derived under 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 singie 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 forthe purposes ofthis chapter license renewals - time periods Licenses issued under this chapter expire EveI)' four years, if not renewed. Quadrennial renewals shall be staggered on a quarterly basis. To renew an unexpired license the license holder shall on or before the date of expiration indicated on the renewal receipt, appiy for renewal on a form prescribed by the board, and pay the renewal fee prescribed by this chapter

57 8802. Delinquent license, less than 5 years 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 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. If 50 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 Suspended certificate 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 engage in the licensed activity, or in any otheractivityorconduct in violation of the order or judgment by which the license was suspended Revoked license 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 Delinquent license, over 5 years A license which is not renewed within five years after its expiration may not be renewed, restored, reissued, or reinstated thereafter, unless.alf ofthe following apply: (a) The licensee has not committed any acts or crimes constituting grounds for denial of licensure under Section 480. If the licensee 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 ofissues, as described in Section of the Government Code, based upon the registrant's or licensee'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 practicing with an expired license or delinquent license, and the board may attach conditions to the renewal, restoration, reinstatement, or reissuance of the expired license or delinquent license. (bl The licensee pays all of the fees which would be required if applying for the license for the first time. (c) The licensee takes and passes the examination, if any, which would be required if 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, the licensee 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 -46 -

58 license is issued without an examination under this section. [Amended, Chapter 229, Statutes of 7986} Status of restored, reinstated or reissued license Once an expired or delinquent license is renewed, restored, reinstated, or reissued pursuant to Section 8803, all of the following apply: fa) The board shall continue to have full jurisdiction and authority over the licensee as if the license had not expired or become delinquent. fb) The work performed by the licensee during a period ofexpiration or delinquency shall be deemed lawful and validly performed as to persons or entities other than the licensee. (c) The renewal, restoration, reinstatement, or reissuance of a license shall not affect liability issues regarding work performed during a period of expiration or delinquency, nor does the fact ofperformance during a period of expiration or delinquency affect liability issues. [Added, Chapter 229, Statutes of Renewal certificate fees - registered civil engineer 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 Fee refunds The board may make refunds of all fees in accordance with Section 158 of this code Fees 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 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 (LSITl 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 Grace period - delinquent license Notwithstanding any other provision oflaw, the board may adopt rules to provide an opportunity from January 7, 7987, to December 37,7988, for current delinquent licensees to have their licenses renewed, restored, reinstated, or reissued, The board may impose a special fee, including any appropriate penalties, for the license renewal, restoration, reinstatement, or reissuance. The board may require the taking of an examination if the applicant's license is more than five years' delinquent. [Added, Chapter 229, Statutes of 7986) -47 -

59

60 Notes Forthe reader's convenience, all new language adopted in 1986 is printed in italics, - 50-

61 Article 1. General Provisions 400. Introduction. These regulations are adopted by the Board of Registration for Professional Engineers, in orderto implement and make specific the Professional Engineers' Act and the Land Surveyors' Act, Business and Professions Code Sections 6700 et seq., and 8700 et seq., respectively location of Offices. The principal office of the State Board of Registration for Professional Engineers is 1428 Howe Ave., Suite 56, Sacramento 9S825. 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. (all/agricultural 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 biological variables of foods and fibers; atmospheric phenomena as they are related to agricultural operations; soil dynamics as related to traction, tillage and plant-soil-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 agricultural engineers. The above definition of agricultural enginf7ering 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 permit the practice of civil, electrical or mechanical engineering. (d) "Civil engineer" refers to a person who holds a valid registration in the branch of civil engineering, as defined in Section 6731 of the code. (e) "Civil engineering" is that branch of professional engineering as defined in Section 6731 of the code. (f) "Code" means the Business and Professions Code. (g) Concrete Building. The term concrete building used in Section (d) of the code includes any building with walls, floors (except where laid on the ground) or roof of concrete of any type, whether poured in place - S1-

62 or precast, or whether constructed with large or. small units of concre.te; 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 engineerwho 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 for in Sections 6704 and of the code. m"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 to appiy this knowledge to 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 engineering shall notbe 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 of corrosion engineering shall not be construed to permit the practice of civil, electrical, or mechanical engineering. (k) "Electrical engineer" refers to a person who holds a valid registration in the branch of electrical engineering, as defined in Section of 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 control of their operation and of the design of'electrical gear. It is concerned with research, organizational, and the economic aspects of the above. (m) "Engineer-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 to the safeguarding of life and property from fire and fire-related hazards; and requires the ability to apply this knowledge to the identification, evaluation, correction, or prevention of present or potential fire and fire related panic hazards in buildings, groups of 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 definitionof fire protection engineering shall not be construed t,o permit the practice of civil, electrical, or mechanical engineering, (0) "Industrial engineering" is that branch of professional engineering which requires such education and experience as is necessary to investigate, to design, and to evaluate systems of persons, materials and facilities for the purpose of economical and efficient production, use, and distribution, It -52-

63 requires the application of specialized engiqeering knowledge of the mathematical and physical sciences, together with the principles and methods of engineering analysis 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 ofthe code. (q) "Land surveyor" refers to a person who holds a valid license as a land surveyor, as defined in Section 8701 of the code. (r) Ii Land surveyor-in-training" refers to a person who has been granted a certificate as a "land surveyor-in-training" in accordance with Section 8747 of the code. (s) "Manufacturing engineering" is that branch of professional engr.. neering 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 tools, 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 also 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 engineering 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

64 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) "Petroleum engineering" is that branch of professional engineering which embraces studies or activities relating to the exploration, exploitation, location, and recoveiy 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 shall 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 professional engineering which requires such education and experience as is necessaiy 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 correct improper quality control practices to assure product and service reliability and conformity to prescribed standards. The above definition of quality engineering shall not be construed to permit the practice of civil, electrical, or mechanical engineering. (b-bi "Safety engineering" is that branch of professional engineering which requires such education and experience as is necessaiy 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 optimally control hazards. The above definition of safety engineering shall not be construed to permit the practice of civil, electrical, or mechanical engineering. (c-c) "Soil engineer" refers to a registered civil engineerwho holds a valid authorization to use the title "soil engineer", as provided in Section of the code. (d-d) "Soil engineering", as it relates to the authorization to use,the title "soil engineer", is the investigation and engineering evaluation of earth materials including soil, rock, groundwater and man-made materials and their interaction with earth retention systems, structural foundations and other civil engineering works. The practice involves application of the principles ofsoil mechanics and the earth sciences, and requires a knowledge -54-

65 of engineering laws, formulas, construction techniques and performance evaluation of civil engineering works influenced by earth materials. The terms "geotechnical engineer" and "soils engineer" are deemed to be synonymous with the term "soil engineer". (e-ej "Structural engineer" refers to a registered civil engineerwho holds a valid authorization to use the title "structural engineer," as provided in Section 6736 of the code. (f-f) "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, (g-g) "Traffic engineering" 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 lands and interrelationships 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. (al 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 health, 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 "responsible 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 responsible 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. -55-

66 Engineering decisions which must be made by arid 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. (2) 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 or existing. (4) The review and evaluation ofmanufacturing, 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 relevantto the engineering decisions made during the individual's participation in the project, and insufficient detail to leave little question as to the engineer's technical knowledge of the work performed. It is not necessal)' 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 engineer could relate to criteria for design, methods of analysis, methods of manufacture and construction, selection of materials and systems, economics ot"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 surveyor 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 of Control. 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 - 56-

67 applicability of their recommendations before' such recommendations are incorporated in the work. (b) 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 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 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. 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 controf and how it,fs exercised both within the organization and geographically and to demonstrate that the land surveyor is answerable within said span or degree of control 405, 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 "executive secretal)''' mayor shall exercise or discharge any power, duty, purpose, function, or jurisdiction, the executive secretai)' of the State Board of Registration for Professional Engineers has the authority to act thereon

68 ic) 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 secretai)'. (d) The executive secretary shall be either a professional engineer registered with the board or a land surveyor licensed by the board. Ie) Nothing herein prohibits the executive secretary from redelegating to his/her subordinates as provided in Section of the Government Code. W 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 place 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. ia) All fees required by provisions of the code as implemented by the board shall be transmitted by money order, bank draft or check, payable to the Department of Consumer Affairs, at Sacramento. ib) The following is the prescribed application fee for: (1) Authority to use the title "structural engineer" $160 (2) Registration as a professional engineer $115 (3) License as a land surveyor $115 (4) Certification as an engineer-in-training or as a land surveyor-in-training $60 (c) The four-year renewal fee for licensing periods starting on or after July , shalf be $115. 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 pursuant to the Land Surveyors' Act IBusiness and Professions Code Section B700 et seq.), and ",are than sixty (60) days after 12 midnight on the expiration date pursuant to the Professional Engineers Act (Business and Professions Code Section 6700 et s~q.j, and not accompanied by the prescribed delinquent penalty fee equal to 50% of the renewal fee but not more than $25, shall be returned by the executive officer with a statement of the reason therefor. W Refund of fees submitted to the board shall be made only as follows: (1) Any application fees or penalties 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 aland surveyor, for permission to use the title "structural engineer" or soil engineer, for certification as an engineer-in-training or for certification as a land surveyor-in-training found not eligible for admission to the examina

69 tion requested is entitled to a refund of on~-half of the application fee. Upon request, one-half ofthe application fee may be refunded to the estate of an applicant who dies prior to taking an examination Meetings. lal The board wi[1 normally meet monthly at a time and placae within California designated by the president. Ibl Special meetings of the board may be called from time to time bythe presidentwhen, in his/her opinion, it is necessary. Special meetings may also be called by the executive secretary upon a written request signed by two board mem bers. (c) All meetings will be noticed in accordance with the requirements of the Bagley-Keene Open Meeting Act (Government Code Sections et seq.) Certificates. lal Certificates and licenses will be issued in the order in which the applicants qualify. (bl A duplicate of a certificate issued in accordance with Chapters 7 or 15 of Division 3, of the 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 Joss, destruction or mutilation of the previous certificate. The affidavit of lost license must be submitted on a form provided by the Board Seal. la) The seal authorized bysection 6764 ofthe 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 (1 1 11) inches in diameter. Ibl The seal authorized by Section B750 of the code for use by land surveyors may be purchased by the licensee from any convenient source, but shah be of the design shown here and shall not be less than one and one-half (1 'h) inches in diameter. Ie) 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 ofchapters 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'cdverage 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. 11 I [f commenced pursuant to a resolution of the board, or by petition, the resolution or petition shall: (A) state the name of the engineering B - 59-

70 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) lfcommenced by petition, the petition shall contain, in addition to requirements in la)(1) above: (Al state the minimum suggested qualifications considered adequate for initial registration without examination, (8) state the estimated number of persons to be registered in the engineering discipline, and IC) bear the signatures and addresses of the signers, all of whom shall be legal residents of the State of California. The petition may consist of any number of separate instruments each of which must complywith all requirements for a petition. The filing fee for such petition is $1500. Ib) 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 50. The board may reject any petition that does not meet the requirements set forth above. Ifthe petition is rejected because it is notcomplete the filing fee will be returned. Ic) 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. Id) 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 or the practice ofcivil, electrical and mechanical engineering as defined in the code and in Section 404 of these regulations is restricted, unless specifically exempted, to civil engineers, electrical engineers and mechanical 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 la)11) above. He/she may not, however, use the titles setforth in Section 6704 of the code and defined in Section 404 of these regulations unless appropriately registered by the board. Ib) Title protection: (1) Use of the titles of any of the disciplines listed in Rule 404Id), and - 60-

71 404(fl through (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 pract'lce 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 orland surveying work only in the field or fields in which slhe is by education andlor experience fully competent and proficient. Nothing in this regulation shall be construed: (1) to prohibit a professional engineer from signing plans which include engineering work in areas other than that in which slhe 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; (]I to prohibit a professional engineer from supervising 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 surveyor 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) of the 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, or welfare. 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; (b) For land surveyors, any violations of the provisions of Chapter 15, Division 3, of the Code, or aiding and abetting any person in such a violation; Ic) A conviction of a felony arising from or in connection with the practice of professional engineering or land surveying 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", undersection 480 of the Code, the 80ard will consider the following criteria in evaluating the rehabilitation of the -61-

72 applicant and his/her present eligibility for such a registration, licensure, or authority: (1) The nature and severity of the actis) or crimels) under consideration as grounds for denial. (2) Evidence of any actls) committed subsequent to the actis) orcrlme(s) underconsideration as grounds fordenial which could also be considered as grounds for denial under Section 4BO of the Business and Professions Code. (3) The time that has elapsed since commission of the actls) 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. IS) 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, under Section 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 crlmels) under consideration as grounds for suspension or revocation. (2) Evidence of any actis) committed subsequent to the actis) 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 actls) or crimels) 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. IS) 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. (a) 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 50 notified. Ib) The requirements In subsection la) shall apply to all suspensions or revocations which are based on any of the following grounds: (1) Conviction of a felony that Is substantially related to the practice of engineering or land surveying, as appropriate

73 (2) Deceit or misrepresentation in the pract'ice 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 shall be: (1) Filed on a form prescribed by the executive secretary and shall 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. Ib) An application made otherwise will not be acceptable by the board and it may be returned by the executive secretary with a statement of the reason therefor. (c) 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 will 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 ff;gistered 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 refile 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 shall 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. Ib) Whenever the final filing date announced for an examination falls upon a Saturday, Sunday or holiday, it shall be extended to the next business day following. Ic) If an application is filed with the board through the United States mail, it shall be deemed filed on the date shown by the postoffice - 63-

74 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. Ibl 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. (cl Qualifying experience is that experience satisfactory to the Board which has been gained while performing engineering tasks on a full-time basis under the direction of a professional engineer. Id) An applicant for licensure as a land surveyor must fulfill the educational and experience requirements outlined in Section 8741 and 8742 of the Code performing two or more of the activities listed in Section B726IaI-l0. 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. Ie) Computation of qualifying experience for license as a land surveyor. for registration as a professional engineer, or for authority to use the title "structural engineer" shall be to the date of fil ing of the application; or itshall be to the final filing date announced for the examination if the application is filed within a period of thirty (30) days preceding the final filing date announced for such examination Applicant for Structural Authority. lal The applicant for authority to use the title "structural engineer" must have valid registration as a civil engineer in this State. (bl S/he shall 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 slhe passed to gain registration as a civil engineer. (cl Checking of structural plans on major projects, will be considered as "responsible charge" when done under the immediate supervision of, and certified to, by a registered civil engineer having authority to use the title "structu ral engi neer". Idl The applicant who has not held valid registration in California as a civil engineerfor three or more years shall have his/her application returned -64 -

75 by the executive secretary with a statement of the reason therefor, unless the applicant may qualify under subsection (e) below. (e) The board may consider an application for authority to use the title "structural 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 a civil engineer in another state. (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 6751 of the code Qualification Requirements /lsoil Engineer". An applicant for authority to use the title "soif engineer" shaff: (a) Hold an unexpired, valid California registration as a civil engineer. Ib) Submit evidence satisfactory to the board that the minimum number of years of qualifying experience or education has been met as required in Sections !b) or Id), and 6763 of the code and as defined in Section , subsequent to the date of examination which was passed to gain registration as a civil engineer. In addition, up to one year credit as qualifying experience in responsible charge will be given for possession ofpost graduate degree(sj from a board approved school ofengineering with major studies in soil engineering as listed in Section 426.S1!C). Credit for post graduate degreels) will not be given if it has already been applied to the experience requirement for civil engineering registration Qualifying Experience for "Soil Engineer". "Qualifying experience" means responsible charge of soil engineering proiects. Evidence shall be provided that the applicant has qualifying experience in the areas described in subdivisions (aj, (c) and (e) and has demonstrated working knowledge in the areas described in subdivisions (a) through Ie). At least one-half of the applicant's annual full-time professional practice shaff be in soil engineering, except that a teacher 0 f soil engineering and related courses at a board approved schoof ofengineering will be given credit for applicable consulting work as a percentage ofequivalent fuff-time work. Applicable consulting work shall be substantiated by references and project documents. (a) Development of programs of geotechnical investigation which includes, but is not limited to: (7) Communication with other design consultants to determine their geotechnical input needs; (2) Performance of literature searches, site history analyses, etc., related to surface and subsurface conditions; (3) Formulation or engineering evaluation of field exploration and laboratory testing programs to accomplish the scope of the investigation; (4) Preparation or engineering evaluation of proposals. Ib) Performance of geotechnical field and laboratory studies which includes, but is not limited to: (7) Direction and/or modification of field exploration programs, as required upon evaluation of the conditions being encountered,' (2) Classification and evaluation of subsurface conditions

76 I]) Understanding the purposes for and -being qualified to perform routine field and laboratory tests for: a. soil strength b. bearing capacity c. expansion properties d, consolidation characteristics e. soil collapse potential f. erosion potential g. compaction characteristics h. material acceptability for use in fill i. pavement support qualities j. freeze-thaw properties k. grain-size I. permeability/percolation properties (c) Analysis of geotechnical data and engineering computations which includes, but is not limited to: (1) Analysis of field and laboratory test results regarding: a. soil strength b. bearing capacity c. expansion properties d. consolidation characteristics e. soil collapse potential f. erosion potential g. compaction characteristics h. material acceptability for use in fill i. pavement support qualities j. freeze-thaw properties k. grain-size I. permeability/percolation properties m. ground water conditions n. soil dynamic properties (2) Performance of computations using test results and awli1able data regarding: a. bearing capacity b. foundation type, depth, dimensions c. allowable soil bearing pressures d. potential settlement e. slope stability f. retaining systems g. soil treatment h. dewatering/drainage i. floor support j. pavement design k. site preparation I. fill construction m. liquefaction potential n. ground response to seismic forces o. ground water problems; seepage p. underpinning (d) Performance or engineering evaluation of construction, post-construction and she monitoring which includes, but is not limited to: (1) Performance or supervision ofgeotechnical testing and observation of site grading; -66 -

77 (2) Analysis, design and evaluation of ins.trumentation programs to evaluate or monitor various phenomena in the field, such as settlement, slope creep, porewater pressures and ground water variations; (3) Geotechnical observation during construction and/or installation, including but not limited to, spread foundations, driffed piers, piles, slurry walls, anchors, bulkheads, shoring, underpinning and subdrains; (4) Engineering evaluation of soil related distress. (e) Preparation or engineering evaluation ofgeotechnical reports which includes, but is not limited to: (1) Preparation ofappropriate plans, fogs, test results and other exhibits; (2) Documentation of testing and observation; (3) Preparation of written reports which present findings, conclusions and recommendations of the investigation; (4) Preparation of specifications and guidelines for achieving the intent of subdivision (e)(3), above 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 /Istructural 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 ofwhom 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 registere,d 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 Reference Requirements for "Soil Engineer. N (a) An applicant for authority to use the title "soil engineer" shall submit at least four completed reference forms from individuals who hold or held current, valid, unexpired California registrations as civil engineers during the time ofthe applicant's experience. None ofthe references shall be related to the applicant by birth or marriage. At least two of these individuals shall be civil engineers who are or were actively engaged in the practice of "soil engineering." Each civil engineer providing a reference shall clearly indicate areas of personal knowledge of the applicant's qualififying experience. Reference forms completed by civil engineers registered outside of California, in lieu of or in addition to California references, wiff be considered; however, the board may require additional information as specified in Section (dj. Reference forms completed by civil engineers registered outside ofthe State ofcalifornia shall be notarized. Information submitted by references is confidential. (b) Notwithstanding Section 427 (a), a reference form shall be submitted - 67-

78 for each period of qualifying experience listed on the engagement record form for which the applicant desires credit. ic) An applicant will be required to verify employment inclusive dates for each period ofqualifying experience. Employment verification forms may be used for this purpose. (d) Nothing contained in this section shall limit the authority ofthe board to require that an applicant submit additional references, employment verifications and other information pertinent to education or experience to verify that the applicant has met the minimum qualifications as defined in Sections (aj or (dj and (e) ofthe code and Sections and 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 (c) Failure to appear for examination at the designated time and place unless a postponement has been obtained in accordance with Rule 446; or (d) Failure to appear for examination at the designated time and place after having obtained two postponements 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 after the date the denial notice has been mailed to him/her. Ib) 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 (a) of this rule. (d) 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. Ie) 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 service of the notice of denial. Article 3. Examinations 436. Schedule of Regular Written Examinations. (a) Written examinations shall be given at intervals as determined by the board but not less than once each year. Ib) 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

79 (c) Whenever circumstances warrant such ac:::tion the board may postpone, advance, or othelwise 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. (bl 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 slhe 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 slhe has passed a 16 hour examination in another state which the board may deem equivalent to the written examination for structural authority given in California. This 16 hour examination shall 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 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 6755 of the code if slhe meets one or more of the following requirements: (1 I 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 slhe has fifteen (lsi 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 slhe has seventeen (17) years or more of qualifying experience. (bl 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 slhe meets one or more of the following requirements: (1) Holds valid registration as a professional engineer in California. (21 Holds valid certification as an engineer-in-training obtained by passing a written examination which normally requires a minimum of eight - 69-

80 hours to complete and the content of the examintion is designed to tes~ 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 engi neer-in-training or a land surveyor-in-training who holds valid certification in another state obtained as in la)12) or Ib)IS) above, may be issued a California certificate Examination Not Permitted. 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 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. (c) The executive secretary shall notify each applicant of the 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 atleast 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

81 (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. (al 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 appncants will be destroyed after the exp'ication of the appeal period. Examination papers of successful applicants will be destroyed at the time results of the examination are adopted by the board, (bl 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 Examination Appeal. lal Within sixty 1601 days after the date notice of the results of his/her examination has been mailed to him/her, an applicant who was unsuccessful in the examination may appeal to the board for a review of his/her examination papers. Ib) The appeal from any part of the examination shall be made in writing; and it shall state the reason for such appeal, citing the item or items against which the appeal 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 lal of this rule Postponements. 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 appear'lng 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 1101 day period immediately following 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 mater'lals may be used dur'lng tile examination to which s/he has been assigned

82 Article 4. Miscellaneous 460. Curricula Approved by the Board. la) 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. Ib) 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 shah be two years per applicant. Ic) (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 Reports. Reports issued bytesting Laboratories shall be prepared byorunderthe supervision of a registered civil, electrical or mechanical engineer as appropriate and signed or sealed by him/her 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 civil, 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 130) 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 of Section 8729 of the Code, as a partner, member, or officer of a partnership, firm or corporation shall advise the board within thirty 130) 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 sewices according to the provisions ofarticle 5.5, 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. -72-

83 (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. la) 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 Isection, township, quarter, etc.) as specified in the Manual of Instructions for the Public Lands of the United 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. (S) 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 qf the land surveyor or registered civil engineer making the corner record. (9) The date the corner record was filed 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. Ic) The corner record shall be filed within 90 days from the date it was found, reset, or used as control in any survey. Id) 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 las required by Section 8762 of the Code), such survey shall be -73 -

84 considered preliminary in nature until such tim~ as. the difficulties cau~ing delay are resolved and shall be filed as soon thereafter as possible. Ib) A record of survey map need not be filed when the positions of newly established lines can be determined by inspection of a map of record without the use of trigonometric calculations. Ic) Maps filed with the County Surveyor shall show measured lines and bearings. Whenever there is a material discrepancy from previously re~ corded 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 876Sla) of the Code, or s/he shall file a record of survey map