THE ATTORNEY GENERAL HAS RECEIVED YOUR LETTER ASKING, IN EFFECT, THE FOLLOWING QUESTION:
IS A FIRM WHICH DOES NOT ENGAGE IN THE PRACTICE OF LAND SURVEYING AS DEFINED IN 59 O.S. 475.21 (1992) AND WHICH DOES NOT HAVE A CERTIFICATE OF AUTHORIZATION TO PRACTICE LAND SURVEYING AS A CORPORATION PERMITTED TO HIRE A REGISTERED LAND SURVEYOR ON A CONTRACT BASIS TO PERFORM LAND SURVEYING AS NEEDED WITHOUT VIOLATING 59 O.S. 475.21 OR OTHER PROVISIONS OF THE OKLAHOMA ENGINEERING AND LAND SURVEYING ACT, 59 O.S. 475.1, ET SEQ.?
AS A PART OF YOUR OPINION REQUEST, YOU HAVE ALSO SUBMITTED A HYPOTHETICAL IN WHICH YOU DESCRIBE A FIRM THAT DOES NOT HOLD A CERTIFICATE OF AUTHORIZATION TO PRACTICE LAND SURVEYING AS A CORPORATION AND THAT HIRES A LAND SURVEYOR ON A CONTRACT BASIS TO COMPLETE A LAND SURVEY. YOU ASK WHETHER IT IS PROPER FOR THE FINAL LAND SURVEY COMPLETED BY THE ON-CONTRACT LAND SURVEYOR TO BEAR BOTH THE SEAL AND SIGNATURE OF THE INDIVIDUAL LAND SURVEYOR AND THE NAME AND ADDRESS OF THE FIRM THAT HIRED THE LAND SURVEYOR ON CONTRACT.
BECAUSE YOUR QUESTIONS MAY BE ANSWERED BY REFERENCE TO CLEARLY ESTABLISHED STATUTORY PROVISIONS, THIS OFFICE HAS DETERMINED THAT YOUR REQUEST SHOULD BE ANSWERED THROUGH THIS INFORMAL LETTER. ACCORDINGLY, THE DISCUSSION THAT FOLLOWS IS NOT AN OFFICIAL OPINION OF THE ATTORNEY GENERAL. RATHER, THE FOLLOWING ANALYSIS AND CONCLUSIONS, WHILE SOLELY MY OWN, HAVE BEEN REACHED AFTER CAREFUL RESEARCH OF THE QUESTIONS YOU HAVE RAISED.
AS YOU HAVE INDICATED, CONSIDERATION OF YOUR QUESTIONS REQUIRES AN ANALYSIS OF THE OKLAHOMA ENGINEERING AND LAND SURVEYING ACT, 59 O.S. 475.1, ET SEQ. (HEREINAFTER REFERRED TO AS THE "ACT"). THE ACT PROVIDES THAT IT SHALL BE UNLAWFUL FOR PERSONS TO PRACTICE OR OFFER TO PRACTICE ENGINEERING OR LAND SURVEYING UNLESS THEY ARE REGISTERED TO DO SO BY THE OKLAHOMA STATE BOARD OF REGISTRATION OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS. THE ACT PROCEEDS TO DEFINE THE PRACTICE OF ENGINEERING AND LAND SURVEYING AND TO SPECIFY THE QUALIFICATIONS FOR OBTAINING REGISTRATION IN THESE FIELDS. SEE 59 O.S. 475.2/59 O.S. 475.12
AS YOU HAVE ALSO INDICATED, THE ACT PROVIDES FOR THE CORPORATE PRACTICE OF ENGINEERING AND LAND SURVEYING. SECTION 475.21 OF THE ACT STATES, IN PART:
"THE PRACTICE OF OR OFFER TO PRACTICE ENGINEERING OR LAND SURVEYING BY FIRMS REGISTERED UNDER 475.1, ET Q. OF THIS TITLE, OR BY MORE THAN ONE PERSON ACTING INDIVIDUALLY THROUGH A FIRM IS PERMITTED, PROVIDED:
1. THE PERSON IN DIRECT CONTROL OR HAVING PERSONAL SUPERVISION OF SUCH PRACTICE AND ALL PERSONNEL WHO ACT ON BEHALF OF SAID FIRM IN PROFESSIONAL MATTERS ARE REGISTERED UNDER SECTIONS 475.1, ET. OF THIS TITLE; AND
2. SAID FIRM HAS BEEN ISSUED A CERTIFICATE OF AUTHORIZATION BY THE BOARD." 59 O.S. 475.21 PROCEEDS TO SET FORTH THE QUALIFICATIONS AND PROCEDURES FOR OBTAINING A CERTIFICATE OF AUTHORIZATION TO PRACTICE LAND SURVEYING OR ENGINEERING AS A CORPORATION. SEE 59 O.S. 475.21(B)/59 O.S. 475.21(F)
AS TO YOUR FIRST QUESTION, I CAN FIND NO LANGUAGE IN 475.21 OR IN ANY OTHER SECTIONS