Idaho Statutes
Idaho Statutes
54-1201. DECLARATION OF POLICY. To safeguard life, health and property, every person practicing or offering to practice professional engineering or professional land surveying, as herein defined, shall submit evidence of his qualifications and be registered as hereinafter provided; and it shall be unlawful for any person to practice or offer to practice professional engineering or professional land surveying in this state, or to use in connection with his name or otherwise assume, use or advertise any title or description tending to convey the impression that he is a registered or licensed professional engineer or professional land surveyor, unless such person has been duly registered or is exempted under the provisions of this chapter. Except as exempted by section 54-1223, Idaho Code, an engineer shall be allowed to practice professional engineering as defined in this chapter only when he has become duly registered or licensed as a professional engineer by the board under this chapter. The practice of professional engineering or professional land surveying shall be deemed a privilege granted by the Idaho board of registration of professional engineers and professional land surveyors through the board, based on qualifications of the individuals as evidenced by the person's certificate of registration, which shall not be transferable.
54-1202. DEFINITIONS.
As used in this chapter, unless the context or subject matter requires
otherwise:
(a) Engineer. The term "engineer"
means a person who is qualified to practice engineering by reason of his
special knowledge and use of mathematical, physical and engineering sciences,
and the principles and methods of engineering analysis and design, acquired
by professional education and engineering experience.
(b) Professional Engineer. The
term "professional engineer" means a person who has been duly
registered or licensed as a professional engineer by the board under this
chapter.
(c) Professional Engineering and Practice
of Professional Engineering. The terms "professional engineering"
and "practice of professional engineering" mean any service or
creative work offered to or performed for the public, such as consultation,
investigation, evaluation, planning, designing, teaching upper division
engineering design subjects, and responsible charge of observation of construction
in connection with any public or private utilities, structures, buildings,
machines, equipment, processes, works, or projects, wherein the public
welfare or the safeguarding of life, health, or property is concerned or
involved, when such service requires the application of engineering principles
and data. A person shall be construed to practice or offer to practice
professional engineering within the meaning and intent of this chapter
who practices or offers to practice any of the branches of the profession
of engineering for the public or who, by verbal claim, sign, advertisement,
letterhead, card, or in any other way represents himself to be a professional
engineer or through the use of some other title implies that he is a professional
engineer or that he is registered under this chapter, or holds himself
out as able to perform or who does perform for the public any engineering
service or work or any other service designated by the practitioner which
is the practice of professional engineering.
(d) Consulting Engineer. The
term "consulting engineer" means a professional engineer whose
principal occupation is the independent practice of professional engineering;
whose livelihood is obtained by offering engineering services to the public;
who serves clients as an independent fiduciary; who is devoid of public,
commercial and product affiliation that might tend to infer a conflict
of interest; and who is cognizant of his public and legal responsibilities,
and is capable of discharging them.
(e) Professional Land Surveyor.
The term "professional land surveyor" means a person who is qualified
by reason of his knowledge of the principles of land surveying acquired
by education and practical experience to engage in the practice of professional
land surveying and who has been duly registered or licensed as a professional
land surveyor by the board under this chapter.
(f) Professional Land Surveying and Practice
of Professional Land Surveying. The terms "land surveying"
and "professional land surveying" mean responsible charge of
surveying of land to determine the correct boundary description, to convey,
to establish or reestablish land boundaries, or to plat lands and subdivisions
thereof. Any person shall be construed to practice or offer to practice
professional land surveying who engages in professional land surveying,
or who, by verbal claim, sign, advertisement, letterhead, card, or in any
other way represents himself to be a professional land surveyor, or who
represents himself as able to perform or who does perform any professional
land surveying service or work or any other service designated by the practitioner
which is professional land surveying.
(g) Board. The term "board"
means the Idaho board of registration of professional engineers and professional
land surveyors, hereinafter provided by this chapter.
(h) Responsible Charge. The
term "responsible charge" means the control and direction of
the investigation, studies, design, construction or operation of engineering
work, or the control and direction of record research, field retracement,
office calculations, boundary determination and mapping of land surveying
work, requiring initiative, professional skill and independent judgment.
(i) Engineer-in-Training. The
term "engineer-in-training" means a person who has qualified
for, taken and passed an examination in the fundamentals of engineering
subjects as provided in this chapter.
(j) Land Surveyor-in-Training.
The term "land surveyor-in-training" means a person who has qualified
for, taken and passed an examination in the fundamentals of land surveying
subjects as provided in this chapter.
(k) Rules of Professional Responsibility.
The term "rules of professional responsibility" means those rules,
if any, promulgated by the board, as authorized by the Idaho Code.
(l) Public. The term "public"
means any person, firm, corporation, partnership, company, government agency,
institution or any other entity recognized by law.
54-1203. IDAHO BOARD OF REGISTRATION OF PROFESSIONAL ENGINEERS AND PROFESSIONAL LAND SURVEYORS. A board to be known as the "Idaho board of registration of professional engineers and professional land surveyors" is a division of the Idaho department of self-governing agencies and shall administer the provisions of this chapter. It shall consist of five (5) persons duly registered as provided by this chapter, appointed by the governor from among nominees recommended by any organized and generally recognized state engineering society in this state for the professional engineer members or any organized and generally recognized state land surveying society in this state for the professional land surveyor member. The board shall be comprised of four (4) persons registered as professional engineers and one (1) person registered as a professional land surveyor. The members of the board shall have the qualifications required by section 54-1204, Idaho Code. The members of the present board shall continue to serve for the balance of their respective terms of appointment. Each member of the board shall take, subscribe and file the oath required by chapter 4, title 59, Idaho Code, before entering upon the duties of the office. On the expiration of the term of any member, a successor shall be appointed in like manner by the governor for a term of five (5) years. Any appointment to complete a term that has not expired, because of resignation or inability of a member to serve for any reason, shall be for the unexpired portion of the term. A member of the board shall hold office until the expiration of the term for which he was appointed and until his successor has been appointed and qualified. A member after serving two (2) consecutive full terms in addition to any unexpired portion of a term, shall not be reappointed for a period of two (2) years. The board, on its own initiative, may appoint any former member as a member emeritus for special assignment to assist the board in the administration of this chapter.
54-1204. QUALIFICATION OF MEMBERS OF BOARD. Members of the board shall be citizens of the United States and residents of this state, and they shall have been engaged for at least twelve (12) years in the practice of engineering for the professional engineer members or land surveying for the professional land surveyor member, shall have been in responsible charge for at least five (5) years of important professional engineering or professional land surveying work, and shall be registered under the provisions of this chapter. Responsible charge of engineering or land surveying teaching may be construed as responsible charge of important professional engineering or professional land surveying work.
54-1205. COMPENSATION AND EXPENSES OF BOARD MEMBERS. Each member of the board shall be compensated as provided by section 59-509(h), Idaho Code, when attending to the work of the board or any of its committees and for the time spent in necessary travel; and, in addition thereto, shall be reimbursed for all actual travel, per diem, incidentals and clerical expenses necessarily incurred in carrying out the provisions of this act.
54-1206. REMOVAL OF BOARD MEMBERS AND FILLING VACANCIES. The governor may remove any member of the board for misconduct, incompetency, neglect of duty, or for any reason prescribed in the Idaho Code for removal of state officials. Vacancies in the membership of the board shall be filled for the unexpired term by appointment by the governor as provided in section 54-1203, Idaho Code.
54-1207. BOARD -- ORGANIZATION AND MEETINGS. The board shall hold at least one (1) regular meeting each year. The rules of the board may provide for additional regular meetings and for special meetings. Notice of all meetings shall be given as may be provided in the rules. The board shall annually elect a chairman, a vice-chairman and a secretary, who shall be members of the board, and they may provide for an assistant or executive secretary who need not be a member of the board. Three (3) members shall constitute a quorum.
54-1208. BOARD
-- POWERS. (1) The board shall have the power to adopt and amend
all bylaws, rules of professional responsibility and rules of procedure,
not inconsistent with the constitution and laws of this state, which may
be reasonably necessary for the proper performance of its duties and the
administration of the act and the regulation of proceedings before the
board. These actions by the board shall be binding upon persons registered
under this act and shall be applicable to corporations holding a certificate
of authorization as provided in section 54-1235, Idaho Code. It shall adopt
and have an official seal which shall be affixed to each certificate issued.
It shall have power to provide an office, office equipment and facilities
and such books and records as may be reasonably necessary for the proper
performance of its duties.
(2) In carrying into effect the provisions of this act, the board
may subpoena witnesses and compel their attendance, and also may require
the submission of books, papers, documents, or other pertinent data in
any disciplinary matters or in any case wherever a violation of this act
is alleged. Upon failure or refusal to comply with any such order of the
board, or upon failure to honor its subpoena as herein provided, the board
may apply to any court of any jurisdiction to enforce compliance with same.
(3) The board is hereby authorized in the name of the state to apply
for relief by injunction in the established manner provided in cases of
civil procedure, without bond, to enforce the provisions of this act or
to restrain any violation thereof. Venue for all such actions shall be
in the district court of the fourth judicial district, Ada county, Idaho.
(4) The board may subject an applicant for registration to such
examination as it deems necessary to determine qualifications.
(5) Any action, claim or demand to recover money damages from the
board or its employees which any person is legally entitled to recover
as compensation for the negligent or otherwise wrongful act or omission
of the board or its employees, when acting within the course and scope
of their employment, shall be governed by the Idaho tort claims act, chapter
9, title 6, Idaho Code. For purposes of this section, the term "employees"
shall include, in addition to those persons listed in section 6-902(4),
Idaho Code, special assignment members and other independent contractors
while acting within the course and scope of their board related work.
(6) The board may recommend arbitration of disputes between professional
engineers or disputes between professional land surveyors.
54-1209. RECEIPTS AND DISBURSEMENTS. The secretary of the board, or assistants thereto as may be designated by the board, shall receive and account for all moneys derived under the provisions of this chapter, and shall pay the same to the state treasurer, who shall keep such moneys in a separate account to be known as the "professional engineers' and professional land surveyors' account." Such moneys shall be kept separate and apart from all other moneys in the treasury, and shall be paid out only on approval of the board. All moneys in the "professional engineers' and professional land surveyors' account" are hereby specifically appropriated for the use of the board. The secretary and executive secretary of the board shall be bonded to the state of Idaho in the time, form and manner prescribed in chapter 8, title 59, Idaho Code. The executive secretary of the board shall receive such salary as the board shall determine in addition to the expenses provided for in section 54-1205, Idaho Code. The board may employ such clerical or other assistants as are necessary for the proper performance of its work, and may make expenditures from this fund for any purpose which, in the opinion of the board, is reasonably necessary for the proper performance of its duties under this chapter, including the expenses of the board's delegates to annual conventions of, and membership dues to, the National Council of Examiners for Engineering and Surveying and any of its subdivisions. Under no circumstances shall the total amount of expenditures approved by the board in payment of the expenses and compensation provided for in this chapter exceed the accumulated amount of the fees collected as herein provided. All warrants on said "professional engineers' and professional land surveyors' account" shall be drawn by the state controller on vouchers by the board and the state board of examiners.
54-1210. RECORDS
AND REPORTS. (1) The board shall keep a record of its proceedings and
a register of all applications for registration, which register shall show:
the name, date of birth and last known address of each applicant; the date
of the application; the place of business of such applicant; his education,
experience and other qualifications; type of examination required; whether
or not the applicant was rejected; whether or not a certificate of registration
was granted; the dates of the action of the board; and any other information
as may be deemed necessary by the board.
(2) The records of the board shall be prima facie evidence of the
proceedings of the board set forth therein, and a transcript thereof, duly
certified by the secretary of the board under seal, shall be admissible
in evidence with the same force and effect as if the original were produced.
(3) Annually the board shall submit to the governor a report of
its transactions of the preceding year, and shall also transmit to him
a complete statement of the receipts and expenditures of the board, attested
by affidavits of its chairman and its secretary.
(4) Board records and papers are subject to disclosure according
to chapter 3, title 9, Idaho Code.
54-1211. ROSTER. A complete roster showing the names and last known addresses of all registered professional engineers, all registered professional land surveyors, all entities holding certificates of authorization as required under section 54-1235, Idaho Code, and all who possess current certification as engineers-in-training and as land surveyors-in-training shall be published by the board biennially. Copies of this roster shall be mailed to each person so registered or certified and may be distributed or sold to the public upon request.
54-1212. GENERAL
REQUIREMENTS FOR EXAMINATION AND LICENSE. EFFECTIVE
UNTIL JULY 1, 2010. Except as herein otherwise
expressly provided, no license as a professional engineer or professional
land surveyor, or certification as an engineer-in-training or land surveyor-in-training,
shall be issued until an applicant has successfully passed an examination
given by or under the supervision of the board, nor shall a license as
a professional engineer or professional land surveyor, or certification
as an engineer-in-training or land surveyor-in-training, be issued to an
applicant having habits or character that would justify revocation or suspension
of certificate, as provided in section 54-1220, Idaho Code. The following
shall be considered as minimum evidence satisfactory to the board that
the applicant is qualified for assignment to an examination
(1) As a professional engineer:
(a) Graduation from an approved engineering curriculum of four (4)
years or more in a school or college approved by the board as being of
satisfactory standing, passage of an examination on the fundamentals of
engineering acceptable to the board, and a specific record of an additional
four (4) years or more of progressive experience in engineering work of
a grade and character satisfactory to the board, and indicating that the
applicant is competent to practice professional engineering; or
(b) Evidence satisfactory to the board that the applicant possesses
knowledge and skill approximating that attained through graduation from
an approved four (4) year engineering curriculum, graduation with a bachelor
degree in a related science from a school or college approved by the board,
passage of an examination on the fundamentals of engineering acceptable
to the board, and a specific record of eight (8) years or more of progressive
experience in engineering work of a grade and character satisfactory to
the board and indicating that the applicant is competent to practice professional
engineering.
(2) As a professional
land surveyor:
(a) Graduation from an approved surveying curriculum of four (4)
years or more in a school or college approved by the board as being of
satisfactory standing, passage of an examination on the fundamentals of
land surveying acceptable to the board, and a specific record of an additional
four (4) years or more of combined office and field experience in land
surveying work, with a minimum of two (2) years of progressive experience
in land surveying work of a grade and character satisfactory to the board
and indicating that the applicant is competent to practice professional
land surveying; or
(b) At least sixty (60) semester hours of education beyond high
school, with a minimum of fifteen (15) credits in land surveying, engineering,
mathematics or related science, passage of an examination on the fundamentals
of land surveying acceptable to the board, and a specific record of an
additional six (6) years of combined office and field experience in land
surveying work, with a minimum of two (2) years of progressive experience
in land surveying work of a grade and character satisfactory to the board
and indicating that the applicant is competent to practice land surveying;
or
(c) Evidence that the applicant possesses knowledge and skill, satisfactory
to the board, similar to that attained upon completion of an approved college
curriculum, passage of an examination on the fundamentals of land surveying
acceptable to the board, and evidence of a specific record of at least
eight (8) years of combined office and field experience in land surveying
work with a minimum of three (3) years of progressive experience in responsible
charge of surveying work of a grade and character satisfactory to the board
and indicating that the applicant is competent to practice land surveying.
(3) As an engineer-in-training:
(a) Graduation from or in the last two (2) semesters of an approved
engineering curriculum of four (4) years or more in a school or college
approved by the board as being of satisfactory standing and indicating
that the applicant is competent to enroll as an engineer-in-training; or
(b) Evidence satisfactory to the board that the applicant possesses
knowledge and skill approximating that attained through graduation from
an approved four (4) year engineering curriculum, graduation with a bachelor
degree in a related science from a school or college approved by the board,
and a specific record of one (1) year or more of progressive experience
in engineering work of a character satisfactory to the board and indicating
that the applicant is competent to be enrolled as an engineer-in-training.
(c) In the event the applicant qualifies for assignment to the examination
during the last two (2) semesters of college under the provisions of section
54-1212(3)(a), Idaho Code, and a passing grade is attained, a certificate
will be issued only after the applicant graduates.
(4) As a land
surveyor-in-training
(a) Graduation from, or in the last two (2) semesters of, an approved
surveying curriculum of four (4) years or more in a school or college approved
by the board as being of satisfactory standing and indicating that the
applicant is competent to be enrolled as a land surveyor-in-training; or
(b) At least sixty (60) semester hours of education beyond high
school, with a minimum of fifteen (15) credits in land surveying, engineering,
mathematics or related science, and in addition, a specific record of three
(3) years or more of combined office and field experience in land surveying
work of a character satisfactory to the board that the applicant is competent
to be enrolled as a land surveyor-in-training; or
(c) Possesses knowledge and skill, satisfactory to the board, similar
to that attained upon completion of an approved college curriculum and
evidence of a specific record of at least four (4) years experience of
combined office and field experience of a character satisfactory to the
board that the applicant is competent to be enrolled as a land surveyor-in-training.
In counting years of experience for assignment to the professional engineer
or professional land surveyor examination, the board may, at its discretion,
give credit, not in excess of one (1) year, for satisfactory graduate study.
In considering the combined education and experience qualifications of
applicants, the board shall consider engineering teaching, land surveying
teaching, each year of satisfactory completion of undergraduate college
education, advanced degrees in engineering and advanced degrees in land
surveying in establishing the applicants' minimum composite knowledge and
skill. The mere execution, as a contractor, of work designed by a professional
engineer, or the supervision of the construction of such work as a foreman
or superintendent, shall not be deemed to be the practice of engineering,
but if such experience, in the opinion of the board, has involved responsible
supervision of a character that will tend to expand the engineering knowledge
and skill of the applicant the board may in its discretion give such credit
therefor as it may deem proper. Any person having the necessary qualifications
prescribed in this chapter to entitle him to registration shall be eligible
for such registration although he may not be practicing his profession
at the time of making his application.
54-1212. GENERAL REQUIREMENTS FOR EXAMINATION AND LICENSE. EFFECTIVE JULY 1, 2010.
Except as herein otherwise expressly provided, no license as a professional engineer or professional land surveyor, or certification as an engineer-in-training or land surveyor-in-training, shall be issued until an applicant has successfully passed an examination given by or under the supervision of the board, nor shall a license as a professional engineer or professional land surveyor, or certification as an engineer-in-training or land surveyor-in-training, be issued to an applicant having habits or character that would justify revocation or suspension of certificate, as provided in section 54-1220, Idaho Code. The following shall be considered as minimum evidence satisfactory to the board that the applicant is qualified for assignment to an examination: (1) As a professional engineer: (a) Graduation from an approved engineering curriculum of four (4) years or more in a school or college approved by the board as being of satisfactory standing, passage of an examination on the fundamentals of engineering acceptable to the board, and a specific record of an additional four (4) years or more of progressive experience in engineering work of a grade and character satisfactory to the board, and indicating that the applicant is competent to practice professional engineering; or (b) Evidence satisfactory to the board that the applicant possesses knowledge and skill approximating that attained through graduation from an approved four (4) year engineering curriculum, graduation with a bachelor degree in a related science from a school or college approved by the board, passage of an examination on the fundamentals of engineering acceptable to the board, and a specific record of eight (8) years or more of progressive experience in engineering work of a grade and character satisfactory to the board and indicating that the applicant is competent to practice professional engineering. (2) As a professional land surveyor: (a) Graduation from an approved surveying curriculum of four (4) years or more in a school or college approved by the board as being of satisfactory standing, passage of an examination on the fundamentals of land surveying acceptable to the board, and a specific record of an additional four (4) years or more of combined office and field experience in land surveying work, with a minimum of two (2) years of progressive experience in land surveying work of a grade and character satisfactory to the board and indicating that the applicant is competent to practice professional land surveying; or (b) Evidence satisfactory to the board that the applicant possesses knowledge and skill approximating that attained through graduation from an approved four (4) year surveying curriculum, graduation with a bachelor degree in a related science from a school or college approved by the board, passage of an examination on the fundamentals of land surveying acceptable to the board, and a specific record of eight (8) years or more of progressive experience in surveying work, constituting six (6) years of combined office and field experience in land surveying work, with a minimum of two (2) years of progressive experience in land surveying work of a grade and character satisfactory to the board and indicating that the applicant is competent to practice land surveying. (3) As an engineer-in-training: (a) Graduation from or in the last two (2) semesters of an approved engineering curriculum of four (4) years or more in a school or college approved by the board as being of satisfactory standing and indicating that the applicant is competent to enroll as an engineer-in-training; or (b) Evidence satisfactory to the board that the applicant possesses knowledge and skill approximating that attained through graduation from an approved four (4) year engineering curriculum, graduation with a bachelor degree in a related science from a school or college approved by the board, and a specific record of one (1) year or more of progressive experience in engineering work of a character satisfactory to the board and indicating that the applicant is competent to be enrolled as an engineer-in-training. (c) In the event the applicant qualifies for assignment to the examination during the last two (2) semesters of college under the provisions of section 54-1212(3)(a), Idaho Code, and a passing grade is attained, a certificate will be issued only after the applicant graduates. (4) As a land surveyor-in-training: (a) Graduation from, or in the last two (2) semesters of, an approved surveying curriculum of four (4) years or more in a school or college approved by the board as being of satisfactory standing and indicating that the applicant is competent to be enrolled as a land surveyor-in-training; or (b) Evidence satisfactory to the board that the applicant possesses knowledge and skill approximating that attained through graduation from an approved four (4) year surveying curriculum, graduation with a bachelor degree in a related science from a school or college approved by the board, and in addition, a specific record of one (1) year or more of combined office and field experience in land surveying work of a character satisfactory to the board that the applicant is competent to be enrolled as a land surveyor-in-training. In the event the applicant qualifies for assignment to the examination during the last two (2) semesters of college under the provisions of subsection (4)(a) of this section, and attains a passing grade, a certificate shall be issued only after the applicant graduates. In counting years of experience for assignment to the professional engineer or professional land surveyor examination, the board may, at its discretion, give credit, not in excess of one (1) year, for satisfactory graduate study. In considering the combined education and experience qualifications of applicants, the board shall consider engineering teaching, land surveying teaching, each year of satisfactory completion of undergraduate college education, advanced degrees in engineering and advanced degrees in land surveying in establishing the applicants' minimum composite knowledge and skill. The mere execution, as a contractor, of work designed by a professional engineer, or the supervision of the construction of such work as a foreman or superintendent, shall not be deemed to be the practice of engineering, but if such experience, in the opinion of the board, has involved responsible supervision of a character that will tend to expand the engineering knowledge and skill of the applicant the board may in its discretion give such credit therefor as it may deem proper. Any person having the necessary qualifications prescribed in this chapter to entitle him to registration shall be eligible for such registration although he may not be practicing his profession at the time of making his application.
54-1213. APPLICATIONS
AND REGISTRATION FEES. Applications for registration as a professional
engineer or professional land surveyor, or certification as an engineer-in-training
or land surveyor-in-training, shall be on forms prescribed and furnished
by the board. The application shall be made under oath, and shall show
the applicant's education and a detailed summary of his technical and engineering
or land surveying experience. An applicant for registration as a professional
engineer or professional land surveyor shall furnish not less than five
(5) references, of whom three (3) or more should be registered professional
engineers or professional land surveyors, as applicable, having personal
knowledge of the applicant's engineering or land surveying experience.
An applicant for certification as an engineer-in-training or land surveyor-in-training
shall furnish not less than three (3) references of whom at least one (1)
should be a registered professional engineer or professional land surveyor,
as applicable, having personal knowledge of the applicant's engineering
or land surveying experience. Applications for certificates of authorization
shall be made in accordance with section 54-1235, Idaho Code.
The maximum application fee for professional engineers or professional
land surveyors seeking to be licensed by an eight (8) hour or longer examination
shall be an amount equal to the amount charged the board by the entity
preparing the examination, plus an administrative fee not to exceed fifty
dollars ($50.00). The total application fee shall accompany the application.
In addition to the application fee, a certificate fee, not to exceed twenty
dollars ($20.00), shall be paid prior to issuance of the certificate.
The maximum application fee for an applicant who seeks a certificate as
an engineer-in-training or land surveyor-in-training shall be an amount
equal to the amount charged the board by the entity preparing the examination,
plus an administrative fee not to exceed twenty-five dollars ($25.00).
The application fee shall accompany the application. In addition to the
application fee, a certificate fee, not to exceed twenty dollars ($20.00),
shall be paid prior to issuance of the certificate.
The maximum application fee for corporations seeking a certificate of authorization
shall be two hundred dollars ($200). The application fee shall accompany
the application. In addition to the application fee, a certificate fee,
not to exceed twenty dollars ($20.00), shall be paid prior to issuance
of the certificate.
Separate application fees shall accompany all applications for each of
the four (4) classes of examinations professional land surveyor, engineer-in-training,
land surveyor-in-training and professional engineer.
The amount of the registration fee or certificate fee shall be fixed by
the board prior to June 30th of any year and shall continue in force until
changed. Said fees shall not be subject to change except at the beginning
of each fiscal year.
Should the board deny the issuance of a certificate of registration or
authorization to any applicant, the fee deposited shall be retained as
an application fee.
54-1214. EXAMINATIONS. (1) Examinations will be held at such times and places as the board directs. The board shall determine the acceptable grade on examinations.
(2) Written examinations will
be given in two (2) sections and may be taken only after the applicant
has met the other minimum requirements as given in section 54-1212, Idaho
Code, and has been approved by the board for admission to the examinations
as follows
(a) Fundamentals of Engineering
-- The examination consists of an eight (8) hour test period on the fundamentals
of engineering. Passing this examination qualifies the examinee for an
engineer-in-training certificate, provided he has met all other requirements
of certification required by this chapter.
(b) Principles and Practice of Engineering
-- The examination consists of a minimum of an eight (8) hour test period
on applied engineering. Passing this examination qualifies the examinee
for registration as a professional engineer, provided he has met the other
requirements for registration required by this chapter.
(c) Fundamentals of Land Surveying
-- The examination consists of an eight (8) hour test period on the fundamentals
of land surveying. Passing this examination qualifies the examinee for
a land surveyor-in-training certificate, provided he has met all other
requirements for certification required by this chapter.
(d) Principles and Practice of Land Surveying
-- The examination consists of a minimum of an eight (8) hour test period
on applied land surveying. Passing this examination qualifies the examinee
for registration as a professional land surveyor, provided he has met the
other requirements for registration required by this chapter.
(3) A candidate failing all or part of the examination may apply for reexamination, which may be granted upon payment of a fee equal to the total application fee for the first examination. In the event of a second failure, the examinee shall be required to appear before the board or a member thereof to submit evidence of having acquired the necessary additional knowledge to warrant assignment to a third examination.
(4) The board may prepare and adopt specifications for the written examinations in engineering and land surveying. They shall be published in brochure form and be available to any person interested in being registered as a professional engineer or as a professional land surveyor.
54-1215. CERTIFICATES -- SEALS. (1) The board shall issue a certificate of registration upon payment of the registration fee as provided for in this chapter to any applicant who, in the opinion of the board, has satisfactorily met all of the requirements of this chapter, and an enrollment certificate shall be issued to those who qualify as engineers-in-training and land surveyors-in-training. In the case of a registered professional engineer, the certificate shall authorize the practice of "professional engineering," and in the case of a registered professional land surveyor the certificate shall authorize the practice of "land surveying." Certificates of registration shall show the full name of the registrant, shall give a serial registration number, and shall be signed by the chairman and the secretary of the board under seal of the board.
(2) The issuance of a certificate of registration by the board shall be prima facie evidence that the person named therein is entitled to all the rights, privileges and responsibilities of a registered professional engineer or of a registered professional land surveyor, provided that said certificate of registration has not expired or has not been suspended or revoked.
(3) Each registrant hereunder
shall, upon registration, obtain a seal, the use and design of which are
described below. It shall be unlawful for any person to affix or to permit
his seal and signature to be affixed to any documents after the certificate
of the registrant named thereon has expired or has been suspended or revoked,
unless said certificate shall have been renewed, reinstated, or reissued,
or for the purpose of aiding or abetting any other person to evade or attempt
to evade any portion of this chapter.
(a) The seal may be a rubber stamp, crimp or electronically generated
image. Whenever the seal is applied, the registrant's written signature
and date shall be adjacent to or across the seal. No further words or wording
is required. A facsimile signature generated by any method will not be
acceptable.
(b) The seal, signature and date shall be placed on all final specifications,
land surveys, reports, plats, drawings, plans, design information and calculations,
whenever presented to a client or any public or governmental agency.
(c) The seal, signature and date shall be placed on all original
documents. The application of the registrant's seal, signature and date
shall constitute certification that the work thereon was done by him or
under his responsible charge. Each plan or drawing sheet shall be sealed
and signed by the registrant or registrants responsible for each sheet.
In the case of a firm, partnership or corporation, each plan or drawing
sheet shall be sealed and signed by the registrant or registrants involved.
The principal in responsible charge shall sign and seal the title or first
sheet. Copies of electronically produced documents, listed in paragraph
(b) of this subsection, distributed for informational uses such as for
bidding purposes or working copies, may be issued with the registrant's
seal and a notice that the original document is on file with the registrant's
signature and date. The words "Original Signed By " and "Date
Original Signed " shall be placed adjacent to or across the seal on
the electronic original. The storage location of the original document
shall also be provided. Only the title page of reports, specifications
and like documents need bear the seal, signature and date of the registrant.
(d) The seal and signature shall be used by registrants only when
the work being stamped was under the registrant's responsible charge. (e)
In the case of a temporary permit issued to an engineering registrant of
another state, the registrant shall use his state of registration seal
and shall affix his signature to all his work performed in this state under
the terms of the temporary permit. (f) The design of the seal shall be
determined by the board; however, the following minimum information shall
be on the seal The words "State of Idaho" The registrant's name
The registrant's registration number The words "Professional Engineer"
or "Professional Land Surveyor" (4) The board shall issue to
any applicant who, in the opinion of the board, has met the requirements
of this chapter, an enrollment certificate or card as an engineer-in-training
or land surveyor-in-training, which indicates that his name has been recorded
as such in the board office. The engineer-in-training or land surveyor-in-training
enrollment card does not authorize the holder to practice as a professional
engineer or a professional land surveyor.
54-1216. EXPIRATIONS
AND RENEWALS -- FEES. Following issuance or renewal of certificates
of registration for professional engineers and land surveyors, expiration
shall be on the last day of the month during which the registrant was born
and shall become invalid on that date unless renewed. Certificates of authorization
for corporations shall expire on the last day of the month of July following
issuance or renewal and shall become invalid on that date unless renewed.
It shall be the duty of the board to notify every person registered and
every corporation certified under this chapter, of the date of the expiration
of said certificate of registration or certificate of authorization and
the amount of the fee that shall be required for its renewal. Such notice
shall be mailed to the last known address of the registrant or corporation
at least one (1) month in advance of the date of the expiration of said
certificate or authorization. Renewal may be effected at any time during
the month in which the registrant was born or during the month of July
in the case of corporations, by the payment of a renewal fee to be fixed
by the board at not less than three dollars ($3.00) nor more than seventy-five
dollars ($75.00). The failure on the part of any registrant or certificate
holder to renew his or its certificate annually in the month in which they
were born or in the month of July in the case of corporations, as required
above shall not deprive such person or corporation of the right of renewal,
but the fee to be paid for the renewal of a certificate after the month
in which it is due shall be increased twenty percent (20%) for each month
or fraction of a month that payment of renewal is delayed; provided, however,
that the maximum fee for delayed renewal shall not exceed twice the renewal
fee for each year delinquent, but in no event more than one hundred fifty
dollars ($150). Any work performed after a registration or certificate
of authorization has expired, but before delayed renewal has been effected,
shall become valid upon delayed renewal as if the registration or certificate
of authorization had not expired, but the registrant or certificate holder
shall be subject to disciplinary action by the board for practice on an
expired license or such other action as provided pursuant to this chapter.
Following issuance or renewal of certificates of enrollment for engineers-in-training
and land surveyors-in-training, expiration shall be on the last day of
the month during which the certificate holder was born. The notification
to holders of certificates of enrollment shall be processed as prescribed
above for registrants except that the annual renewal fee shall not be less
than two dollars ($2.00) nor more than fifteen dollars ($15.00). The failure
on the part of any holder of a certificate of enrollment to effect renewal
shall not invalidate his status as an engineer-in-training or land surveyor-in-training,
but his name shall, after ninety (90) days, be removed from the board's
current mailing list.
54-1217. REPEALED.
54-1218. PUBLIC WORK. It shall be unlawful for this state, or for any county, city, school district, irrigation district, drainage district, highway district, or other subdivision of the state, having power to levy taxes or assessments against property situated therein, to engage in the construction of any public work when the public health or safety is involved unless the plans and specifications and estimates have been prepared by, and the construction reviewed by a registered professional engineer.
54-1219. COMITY CERTIFICATION -- FEE. The board, upon application therefor and the payment of a fee of not to exceed a maximum of one hundred fifty dollars ($150), may issue a certificate of registration as a professional engineer or professional land surveyor to any person who holds a certificate of registration issued to the applicant by the proper authority of any state, territory or possession of the United States, the District of Columbia, or of a foreign country, provided that the applicant possesses the education, experience and examination credentials that were specified in the applicable registration chapter in effect in this state at the time such certificate was issued, provided that a professional land surveyor applicant must successfully pass a land surveying examination as prepared and administered by the board, and provided such state, territory, possession or country will license or issue certificates of registration, without examination and upon substantially the same condition, to applicants holding licenses or certificates of registration issued by the board under this chapter.
54-1220. DISCIPLINARY ACTION -- PROCEDURES. (1) Any person may prefer charges of fraud, deceit, gross negligence, incompetence, misconduct or violation of the rules of professional responsibility for professional engineers, professional land surveyors and corporations with certificate of authorization against any individual registrant or against any corporation holding a certificate of authorization or against a person applying for a certificate of authorization. Repeated acts of negligence may be considered as a gross act for disciplinary action. Such charges shall be in writing, and shall be sworn to by the person or persons making them and shall be filed with the executive secretary of the board. The executive secretary of the board may be the person making and filing the charges.
(2) All charges, unless dismissed by the board as unfounded or trivial, shall be heard by the board within six (6) months after the date they were received at the board office.
(3) The time and place for said hearing shall be fixed by the board and a copy of the charges, together with a notice of the time and place of hearing, shall be personally served on or mailed to the last known address of such individual registrant or corporation holding a certificate of authorization at least thirty (30) days before the date fixed for the hearing. The proceedings shall be governed by the provisions of chapter 52, title 67, Idaho Code.
(4) If, after such hearing, the board votes in favor of sustaining the charges, the board may, in its discretion, impose an administrative penalty, not to exceed two thousand dollars ($2,000) for deposit in the general account of the state of Idaho. In addition, the board, in its discretion, may admonish, reprimand, suspend, revoke, refuse to renew, refuse to grant, or any combination thereof, the individual's certificate of registration or a corporation's certificate of authorization. The board may also, in its discretion, require the individual to practice under the supervision of another licensee, or require the individual to successfully complete continuing education courses as may be prescribed by the board.
(5) The board shall have jurisdiction over registrants whose licenses are not current provided the action relates to services performed when the license was current and valid
54-1221. REISSUANCE OF CERTIFICATES. The board, upon petition of an individual or a corporation, may reissue or reinstate a certificate of registration or authorization, provided three (3) or more members of the board vote in favor of such reissuance or reinstatement. A new certificate of registration or certificate of authorization, to replace any certificate revoked, lost, destroyed or mutilated, may be issued, subject to the rules of the board, and upon payment of such reasonable charge therefor as shall be fixed by the board to cover the estimated cost of investigation and such reissuance, but not exceeding ten dollars ($10.00) in any case.
54-1222. VIOLATIONS
AND PENALTIES -- PROSECUTION OF OFFENSES. Any person who shall practice,
or offer to practice, professional engineering or professional land surveying
in this state without being registered in accordance with the provisions
of this act, or any person presenting or attempting to use as his own the
certificate of registration or the seal of another, or any person who shall
give any false or forged evidence of any kind to the board or to any member
thereof in obtaining a certificate of registration, or any person who shall
falsely impersonate any other registrant of like or different name, or
any person who shall attempt to use an expired or revoked certificate of
registration or practice at any time during a period the board has suspended
or revoked his certificate of registration, or any person who shall violate
any of the provisions of this act, shall be guilty of a misdemeanor.
Legal counsel selected by the board, or the attorney general of this state
or anyone designated by him may act as legal advisor of the board. It shall
be the duty of the attorney general of this state to enforce the provisions
of this act and to prosecute any person violating the same. The attorney
general shall be reimbursed by the board for any fees and expenses incurred
by the attorney general in representing the board.
54-1223. SAVING CLAUSE -- EXEMPTIONS.
A. This chapter shall not be construed
to affect:
(1) The practice of any other profession or trade for which a license
is required under any law of this state or the United States.
(2) The work of an employee or a subordinate of a person holding
a certificate of registration under this chapter, or an employee of a person
practicing lawfully under a temporary permit issued as provided in this
chapter, provided such work does not include final engineering design or
land surveying decisions and is done under the direct responsibility, checking,
and supervision of, and verified by, a person holding a certificate of
registration under this chapter or a person practicing lawfully under a
temporary permit issued as provided in this chapter.
(3) Any individual teaching upper division engineering subjects
that are classified as engineering design for any college or university
in this state as of July 1, 1988, and any such individual employed after
July 1, 1988, for a period of three (3) years from the date of employment
with any college or university in this state.
(4) An individual doing surveying work for himself, or through a
firm, partnership or corporation, on property owned or leased by the individual,
firm, partnership or corporation, or in which the individual, firm, partnership
or corporation has an interest, estate or possessory right and which affects
exclusively the property or interests of the individual, firm, partnership
or corporation; provided, that all land surveying maps, plats or plans
filed with any county recorder's office in the state of Idaho for the purpose
of illustrating or defining boundaries of property ownership, shall be
made and certified by a registered, professional land surveyor as provided
in this chapter.
(5) An individual doing survey work for himself, or through a firm,
partnership or corporation with respect to the location, amendment, or
relocation of a mining claim.
(6) The practice of engineering by employees of a corporation or
a company as long as the services provided by them are for internal corporate
or company use only.
B. The board, at its discretion, may exempt an exceptional individual who has twenty-five (25) or more years of appropriate experience in engineering from the requirement for satisfactory completion of an examination in the fundamentals of engineering.
C. During the period beginning July 1, 1996, and ending June 30, 1999, applicants shall be entitled to apply for licensure or certification under the provisions of section 54-1212, Idaho Code, which are in effect on June 30, 1996.
D. In addition to, and notwithstanding other provisions of this chapter, in circumstances of emergency creating conditions of imminent and substantial danger to the public health, safety or environment through the provision of engineering services, the prosecuting attorney or the attorney general may institute a civil action for an immediate injunction to halt the provision of engineering services.
54-1224. TEMPORARY
PERMITS. The practice of professional engineering by a person not a
resident of and having no established place of business in this state shall
be allowed, when such practice does not exceed a twelve (12) month period
and provided such person is duly licensed or registered to practice such
profession in any other state, or in any territory of [or] possession of
the United States, the District of Columbia, or a foreign country, provided
that the applicant possesses the education, experience and examination
credentials that were specified in the applicable registration law in effect
in this state at the time such certification was issued, and provided further
that such non-resident files with the board, on or before entering the
state for commencing such work, a statement, accompanied by a filing fee
not to exceed one hundred dollars ($100), giving his name, residence, the
number of his license or certificate of registration and by what authority
issued, and the place and nature of the work on which he will be engaged
in this state and files with the board, upon the completion of the work,
an exit statement of the time engaged in such work within the state. No
right to practice professional engineering shall accrue to such applicant
with respect to any other work not set forth in the permit. Not less than
three (3) years shall elapse after expiration of a temporary permit for
an applicant to be eligible for issuance of a subsequent temporary permit.
The practice of professional land surveying under a temporary permit by
a person registered as a professional land surveyor in another jurisdiction
is not considered to be in the best interests of the public, and therefore,
shall not be granted.
54-1225. APPEALS. Any person or organization who shall feel aggrieved by any action of the board in denying, suspending or revoking a certificate of registration or certificate of authorization, as is appropriate, may appeal therefrom in accordance with the provisions of the administrative procedures act, title 67, chapter 52, Idaho Code.
54-1226. SEPARABILITY. If any provision of this act or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the act, which can be given effect without the invalid provision or application, and to this end the provisions of this act are declared to be severable
54-1227. SURVEYS -- AUTHORITY AND DUTIES OF PROFESSIONAL LAND SURVEYORS AND PROFESSIONAL ENGINEERS. Every registered, professional land surveyor is hereby authorized to make land surveys relating to the sale or subdivision of lands, the retracing or establishing of property or boundary lines, public roads, streets, alleys, or trails; and it shall be the duty of each registered professional land surveyor, whenever making any such land survey, to set permanent and reliable monuments, the minimum size of which shall be one-half (1/2) inch in least dimension and two (2) feet long iron or steel rod unless special circumstances preclude use of such monument; and such monuments must be permanently marked with the registration number of the professional land surveyor responsible for placing the monument. Professional engineers qualified and duly registered pursuant to title 54, Idaho Code, may also perform those surveys necessary and incidental to the work customarily performed by them.
54-1228. ADMINISTERING AND CERTIFICATION OF OATHS -- AUTHORITY OF PROFESSIONAL LAND SURVEYORS. Every registered, professional land surveyor is authorized to administer and certify oaths, when it becomes necessary to take testimony to identify or establish old or lost corners, or to perpetuate a corner that is in a perishable condition, or whenever the importance of the land survey makes it desirable, and to administer oaths to assistants for the faithful performance of duty. A record of such oaths shall be kept as part of the field notes of the land survey.
54-1229. LEGAL SURVEY OF LAND. No survey of land, or plat or subdivision shall be legal unless made by or under the responsible charge of a professional land surveyor. All land surveys made under the authority of the state, or of any county, town, city or village within the state, must be performed by a professional land surveyor.
54-1230. PUBLIC SURVEYING -- RIGHT OF ENTRY. Any person employed in the execution of any survey authorized by the congress of the United States may enter upon lands within this state for the purpose of exploring, triangulating, leveling, surveying, and of doing any work which may be necessary to carry out the objects of then existing laws relative to surveys, and may establish permanent station marks, and erect the necessary signals and temporary observatories, doing no unnecessary injury thereby.
54-1231. PUBLIC SURVEYING -- ASSESSMENT OF DAMAGES FOR ENTRY. If the parties interested cannot agree upon the amount to be paid for damages caused thereby, either of them may petition the district court in the county in which the land is situated, which court shall appoint a time for a hearing as soon as may be, and order at least twenty (20) days' notice to be given to all parties interested, and, with or without a view of the premises, as the court may determine, hear the parties and their witnesses and assess damages.
54-1232. PUBLIC SURVEYING -- TENDER OF DAMAGES FOR ENTRY. The person so entering upon land may tender to the injured party damages therefor, and if, in case of petition or complaint to the court, the damages finally assessed do not exceed the amount tendered, the person entering shall recover costs; otherwise the prevailing party shall recover costs.
54-1233. PUBLIC SURVEYING -- COSTS OF ASSESSMENT OF DAMAGES. The costs to be allowed in all such cases shall be the same as allowed according to the rules of the court, and provisions of law relating thereto.
54-1234. MONUMENTATION -- PENALTY AND LIABILITY FOR DEFACING. If any person shall wilfully deface, injure or remove any signal, monument, building or other object set as a permanent boundary survey marker by a registered, professional land surveyor, he shall forfeit a sum not exceeding five hundred dollars ($500) for each offense, and shall be liable for damages sustained by the affected parties in consequence of such defacing, injury or removal, to be recovered in a civil action in any court of competent jurisdiction.
54-1235. PRACTICE BY CORPORATIONS. (1) The practice of or offer to practice professional engineering or professional land surveying, as defined in this chapter, by professional engineers or professional land surveyors, through a corporation, or by a corporation through professional engineers or professional land surveyors, as employees, or officers, is permitted subject to the provisions of this chapter, provided that all personnel of such corporation, who act in its behalf as professional engineers or professional land surveyors in this state are registered as provided by this chapter, or are persons lawfully practicing under the exemptions enumerated in this chapter, and further provided that said corporation, except utilities regulated by the Idaho public utilities commission, has been issued a certificate of authorization by the board as provided by this chapter. No corporation shall be relieved of responsibility for the conduct or acts of its employees or officers by reason of its compliance with the provisions of this chapter, nor shall any individual practicing professional engineering or professional land surveying as defined in this chapter, be relieved of responsibility for engineering or land surveying services performed by reason of his employment or relationship with such corporation. All final drawings, specifications, plats, reports, or other engineering or land surveying papers or documents involving the practice of professional engineering or professional land surveying as defined in this chapter, which shall have been prepared or approved for the use of or for delivery to any person or for public record within this state shall be dated and bear the signature and seal of the professional engineer or professional land surveyor who prepared or approved them.
(2) A corporation organized pursuant to this section may provide or offer to provide allied professional services as defined in section 30-1303, Idaho Code, in connection with the providing of engineering or land surveying services, by persons licensed in allied professions acting as employees or officers, provided such persons are duly licensed or otherwise legally authorized to render such allied professional services within this state.
(3) A corporation desiring a certificate of authorization for engineering, for land surveying, or for both, shall file with the board a description of the engineering or land surveying service to be offered or practiced in the state, an application upon a form to be prescribed by the board and the designation required by the following paragraph, accompanied by the application fee.
(4) Such corporation shall file with the board a designation of an individual or individuals duly registered and certified to practice professional engineering or professional land surveying in this state who shall be in responsible charge of the practice of professional engineering or land surveying, as applicable, by said corporation in this state. In the event there shall be a change in the individual or individuals in responsible charge, such changes shall be designated in writing and filed with the board within thirty (30) days after the effective date of such change. If all requirements of this chapter are met, the board shall issue to such corporation a certificate of authorization for professional engineering, for land surveying, or for both; provided, however, the board may refuse to issue a certificate if any facts exist which would entitle the board to suspend or revoke an existing certificate. A professional engineer or professional land surveyor who renders occasional, part-time or consulting engineering or land surveying services to or for a firm may not be designated as the person in responsible charge for the professional activities of the firm.
(5) The secretary of state shall not issue a certificate of incorporation as a domestic corporation or a certificate of authority as a foreign corporation authorized to do business in this state to a firm which includes, among objects for which it is established, any of the words "engineer," "engineering," "land surveyor," "land surveying," or any modification or derivation thereof, unless the board shall have issued for said applicant a certificate of authorization or a letter indicating the eligibility of said applicant to receive such certificate. The firm applying shall supply such certificate or letter from the board with its application for incorporation or registration with the secretary of state.