KRS § 322.060 — KY Code / Title XXVI / Chapter 322 / Section 322.060
322.060 Prerequisites for practice of engineering by a business entity -- Permit -- Responsibility for conduct -- Disciplinary action -- Requirement of board certificate or letter for incorporation or for registration as a foreign corporation
Status: in_force

322.060 Prerequisites for practice of engineering by a business entity -- Permit --

Responsibility for conduct -- Disciplinary action -- Requirement of board

certificate or letter for incorporation or for registration as a foreign

corporation.

(1) (a) A business entity shall not engage in the practice of engineering in this state

unless:

1. At least one (1) of its principals or officers, or a designated employee, is

a professional engineer who is in responsible charge of the engineering

work;

2. The professional engineer in responsible charge is located at the

Kentucky office, if one is maintained; and

3. The board has issued a permit to the business entity.

(b) To apply for a permit, a business entity offering engineering services in this

state shall file with the board, on a form prescribed by the board:

1. The names and addresses of all principals and officers;

2. The license number of principals, officers, and employees who are

professional engineers in responsible charge of the business entity's

practice of engineering in this state; and

3. A list of locations of all offices in this state at which the business entity

offers professional engineering services.

(c) If more than one (1) place of business is maintained in this state, a

professional engineer shall be in responsible charge of the engineering work

for each office.

(d) A professional engineer who renders occasional, part-time, or consulting

engineering services to or for a business entity required to hold a permit from

the board under this section shall not be designated as the person in

responsible charge of the engineering work unless the professional engineer is

an officer or owner of the business entity.

(e) A business entity holding a permit shall advise the board in writing within

thirty (30) days of any change of status in those items listed in paragraph (b)

of this subsection.

(f) An individual professional engineer providing engineering services as a sole

proprietor in the name listed on his or her individual license, or architectural

firms offering engineering services incident to their practice, shall be excluded

from the provisions of this subsection.

(2) (a) A business entity shall not engage in the practice of land surveying in this

state unless:

1. At least one (1) of its principals or officers, or a designated employee, is

a professional land surveyor in direct responsible charge of the land

surveying work;

2. The professional land surveyor in responsible charge is located at the

Kentucky office, if one is maintained; and

3. The board has issued a permit to the business entity.

(b) To apply for a permit, a business entity offering land surveying services in this

state shall file with the board, on a form prescribed by the board:

1. The names and addresses of all principals and officers;

2. The license numbers of the principals, officers, and employees who are

professional land surveyors in responsible charge of the practice of land

surveying in this state; and

3. A list of locations of all offices in this state at which the business entity

offers professional land surveying services.

(c) If more than one (1) place of business is maintained in this state, a

professional land surveyor shall be in responsible charge of the land surveying

work for each office.

(d) A professional land surveyor who renders occasional, part-time, or consulting

services to or for a business entity required to hold a permit from the board

under this section shall not be designated as the person in responsible charge

of the land surveying work unless the professional land surveyor is an officer

or owner of the business entity.

(e) A business entity holding a permit shall advise the board in writing within

thirty (30) days of any change of status.

(f) An individual professional land surveyor providing land surveying services as

a sole proprietor in the name listed on his or her individual license shall be

excluded from the provisions of this subsection.

(3) (a) After a business entity applies for a professional engineering or professional

land surveying permit and pays the proper fees, the board shall review the

application and, upon approval, shall issue a permit.

(b) The board may suspend, revoke, or refuse to issue a permit for violation of the

code of professional practice and conduct.

(c) The expiration date and renewal period for each permit and renewal

procedures shall be established by administrative regulations promulgated by

the board.

(4) (a) No business entity shall be relieved of responsibility for the conduct or acts of

its agent, employees, or officers by reason of its compliance with this section.

(b) No individual practicing professional engineering or professional land

surveying shall be relieved of the responsibility for professional services

performed by reason of the individual's employment or relationship with a

business entity holding a permit under this section.

(5) Disciplinary action against a business entity holding a permit under this section

shall be administered in the same manner and on the same grounds as disciplinary

action against an individual professional engineer or professional land surveyor.

(6) The Secretary of State shall not accept articles of incorporation, articles of

organization, statement of qualification or certificate of limited partnership or an

application for a certificate of authority to transact business as a foreign corporation,

limited liability company or limited partnership or a statement of foreign

qualification from a business entity which includes in its name or, among objects

for which it is established, any of the words, "engineer," "engineering," "surveyor,"

"surveying," "land surveying," or any modification or derivation thereof, unless the

filing with the Secretary of State includes a certificate or letter from the board.