reglab/statecodes huggingface dataset:
Alabama Administrative Code › Title 330 - ALABAMA STATE BOARD OF REGISTRATION FOR PROFESSIONAL ENGINEERS AND LAND SURVEYORS › Chapter 330-X-8 - EXAMINATIONS › Section 330-X-8-.12 - Materials Permitted In Examination

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Devices or materials that might
			 compromise the security of the examination or examination process are not
			 permitted.
(2) Only materials
			 specified by the Board.
(3) Each
			 candidate will be required to sign a statement that he or she will neither copy
			 nor divulge any examination problem or solution and that any violation thereof
			 will be sufficient grounds for invalidating the candidate's
			 examination.
Author:
Rick Huett (Executive Director), Bonnie
				  Kelly and Griffin Pritchard, Alabama State Board of Registration for
				  Professional Engineers and Land Surveyors
Statutory Authority:
Code of Ala.
				  1975
, §§
										34-11-6;
				  34-11-35.
Alabama Administrative Code › Title 330 - ALABAMA STATE BOARD OF REGISTRATION FOR PROFESSIONAL ENGINEERS AND LAND SURVEYORS › Chapter 330-X-9 - CLASSIFICATIONS OF LICENSURE › Section 330-X-9-.01 - Classification Of Licensure

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
			 Applicants shall be licensed under one or more of the following titles:
(a) Professional Engineer
(b) Professional Land Surveyor.
Alabama Administrative Code › Title 330 - ALABAMA STATE BOARD OF REGISTRATION FOR PROFESSIONAL ENGINEERS AND LAND SURVEYORS › Chapter 330-X-9 - CLASSIFICATIONS OF LICENSURE › Section 330-X-9-.02 - Branches Of Engineering And Land Surveying

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Structural Engineering
Author:
Rick Huett (Executive Director), Bonnie
				  Kelly, Griffin Pritchard
Statutory Authority:
Code of Ala.
				  1975
, §
										34-11-35.
Alabama Administrative Code › Title 330 - ALABAMA STATE BOARD OF REGISTRATION FOR PROFESSIONAL ENGINEERS AND LAND SURVEYORS › Chapter 330-X-9 - CLASSIFICATIONS OF LICENSURE › Section 330-X-9-.03 - Functions Common To Both Engineering Surveying And Land Surveying

Current through Register Vol. 42, No. 9, June 28, 2024
(Repealed).
Author:
Alabama State Board of Registration for
				Professional Engineers and Land Surveyors
Statutory Authority:
Code of Ala.
				  1975
, §
										34-11-35.
Alabama Administrative Code › Title 330 - ALABAMA STATE BOARD OF REGISTRATION FOR PROFESSIONAL ENGINEERS AND LAND SURVEYORS › Chapter 330-X-10 - LICENSURE CERTIFICATION AND USE OF RETIRED TITLE › Section 330-X-10-.01 - License Number

Current through Register Vol. 42, No. 9, June 28, 2024
At the time an applicant is granted licensure by the Board, the
				applicant will be assigned a license number.
Author:
Alabama State Board of Registration for
				Professional Engineers and Land Surveyors
Statutory Authority:
Code of Ala.
				  1975
, §§
										34-11-7,
				  34-11-35.
Alabama Administrative Code › Title 330 - ALABAMA STATE BOARD OF REGISTRATION FOR PROFESSIONAL ENGINEERS AND LAND SURVEYORS › Chapter 330-X-10 - LICENSURE CERTIFICATION AND USE OF RETIRED TITLE › Section 330-X-10-.02 - Certificates Of Licensure

Current through Register Vol. 42, No. 9, June 28, 2024
After the Board has received payment of all required fees from
				an approved applicant, a certificate of licensure with the license number will
				be issued.
Author:
Rick Huett (Executive Director), Bonnie
				  Kelly and Griffin Pritchard, Alabama State Board of Registration for
				  Professional Engineers and Land Surveyors
Statutory Authority:
Code of Ala.
				  1975
, §§
										34-11-5,
				  34-11-7,
				  34-11-35.
Alabama Administrative Code › Title 330 - ALABAMA STATE BOARD OF REGISTRATION FOR PROFESSIONAL ENGINEERS AND LAND SURVEYORS › Chapter 330-X-10 - LICENSURE CERTIFICATION AND USE OF RETIRED TITLE › Section 330-X-10-.03 - Reissuance Of Certificates

Current through Register Vol. 42, No. 9, June 28, 2024
A licensee requesting a duplicate certificate of licensure
				under the provisions of
Code of Ala. 1975
Section
				34-11-12,
				shall submit a request in the format specified by the Board. Upon receipt of
				the request accompanied by the required fee a duplicate certificate will be
				issued
Authors:
William R. Huett (Executive Director),
				  Bonnie Kelly
Statutory Authority:
Code of Ala.
				  1975
, §§
										34-11-11,
				  34-11-12,
				  34-11-35.
Alabama Administrative Code › Title 330 - ALABAMA STATE BOARD OF REGISTRATION FOR PROFESSIONAL ENGINEERS AND LAND SURVEYORS › Chapter 330-X-10 - LICENSURE CERTIFICATION AND USE OF RETIRED TITLE › Section 330-X-10-.04 - Professional Engineer Retired, Professional Land Surveyor Retired

Current through Register Vol. 42, No. 9, June 28, 2024
(1) An individual
			 who has been issued a certificate of licensure as a professional engineer or as
			 a professional land surveyor and who chooses to relinquish or not to renew a
			 license may be granted use of the title "Professional Engineer, Retired" or
			 "Professional Land Surveyor, Retired," as applicable, if the individual applies
			 to and is granted approval by the board.
(2) Applications for Professional Retired
			 Designation must be submitted in the manner outlined by the Board and will be
			 considered by the Board for approval.
(3) This designation is not a license and
			 does not allow the individual to practice engineering or surveying. An
			 individual that has been granted this designation that wishes to practice
			 engineering or land surveying will be required to file a new license
			 application and meet the current eligibility requirements of the law and
			 administrative code.
(4) The
			 designation does not require renewal and does not expire.
Authors:
Rick Huett (Executive Director), Bonnie
				  Kelly and Griffin Pritchard
Statutory Authority:
Code of Ala.
				  1975
, §§
										34-11-11,
				  34-11-12,
				  34-11-35.
Alabama Administrative Code › Title 330 - ALABAMA STATE BOARD OF REGISTRATION FOR PROFESSIONAL ENGINEERS AND LAND SURVEYORS › Chapter 330-X-10 - LICENSURE CERTIFICATION AND USE OF RETIRED TITLE › Section 330-X-10-.05 - Roster Designations

Current through Register Vol. 42, No. 9, June 28, 2024
Chapter 11, Title 34,
Code of Ala.
				1975
makes no specific designations as to the discipline of
				engineering or land surveying practice for which a license as Professional
				Engineer or Land Surveyor shall be issued; however the Board may designate a
				professional engineer, on the basis of education, experience, and examination
				as being licensed in a specific discipline of engineering signifying the area
				in which the engineer has demonstrated competence. This "Roster Designation" is
				not required to practice or to offer to practice engineering.
A licensee that has met the requirements outlined in Section
				330-X-10-.05 of the Administrative Code of the Board may also be recognized by "Roster
				Designation" as being qualified in a specific area of engineering.
Requests for roster designation shall be made in the format
				provided by the Board and no requests made otherwise will be accepted. All
				questions on the request must be accurately and thoroughly answered. No fee is
				required.
Roster Designation(s):
Professional Engineer - Structural
A professional engineer licensed in the State of Alabama may
				also be "Roster Designated" as a structural engineer by submitting a request to
				the Board that meets one of the following requirements:
(a) Has successfully passed 16 hours of the
			 NCEES Structural Engineering Examinations, or 16 hours of state written
			 structural examinations, and can attest that the majority of their engineering
			 practice during the previous three years has been in the area of structural
			 engineering.
(b) Is currently
			 licensed as a Structural Engineer in any jurisdiction that separately licenses
			 structural engineers through a procedure requiring 16 hours of examinations
			 specific to the practice of structural engineering, and can attest that the
			 majority of their engineering practice during the previous three years has been
			 in the area of structural engineering.
(c) Is currently licensed as a Professional
			 Engineer, is in good standing, has 10 years of structural engineering practice,
			 can attest that the majority of their engineering practice during the previous
			 three years has been in the area of structural engineering, and has earned a
			 minimum of 30 professional development hours in the area of structural
			 engineering over the previous 3 years. A request for "Roster Designation" based
			 on experience only must be submitted prior to June 1, 2024.
Authors:
William R. Huett (Executive Director),
				  Bonnie Kelly
Statutory Authority:
Code of Ala.
				  1975
, §§
										34-11-11,
				  34-11-12,
				  34-11-35.
Alabama Administrative Code › Title 330 - ALABAMA STATE BOARD OF REGISTRATION FOR PROFESSIONAL ENGINEERS AND LAND SURVEYORS › Chapter 330-X-11 - SEALS › Section 330-X-11-.01 - Seal Of The Board

Current through Register Vol. 42, No. 9, June 28, 2024
The seal of the Board shall be circular in form and shall be
				imprinted on all certificates issued by the Board.
Author:
Alabama State Board of Registration for
				Professional Engineers and Land Surveyors
Statutory Authority:
Code of Ala.
				  1975
, §
										34-11-35.
Alabama Administrative Code › Title 330 - ALABAMA STATE BOARD OF REGISTRATION FOR PROFESSIONAL ENGINEERS AND LAND SURVEYORS › Chapter 330-X-11 - SEALS › Section 330-X-11-.02 - Seal Of The Licensee

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
			 Upon approval of licensure by the Board, licensees will be advised that they
			 should secure an official seal which shall be applied to all drawings,
			 specifications, reports and other engineering or land surveying documents
			 prepared by or under the direct control and personal supervision of the
			 licensees.
(2) The seals to be used
			 by the licensees are to be circular in form and from 1 5/8 to 2 inches in
			 diameter with copy of the design to be furnished each new licensee.
(3) Seals obtained prior to the adoption of
			 this rule and which are in conformance with prior Board rules are
			 acceptable.
(4) Rubber stamps and
			 computer generated seals identical in size, design and content with the
			 approved seals may be used by the licensee.
(5) Drawings, reports, or documents that are
			 signed using a digital signature, as defined in 330-X-.02(10), shall contain
			 authentication procedures.
Author:
Alabama State Board of Registration for
				  Professional Engineers and Land Surveyors
Statutory Authority:
Code of Ala.
				  1975
, §§
										34-11-9,
				  34-11-35.
Alabama Administrative Code › Title 330 - ALABAMA STATE BOARD OF REGISTRATION FOR PROFESSIONAL ENGINEERS AND LAND SURVEYORS › Chapter 330-X-11 - SEALS › Section 330-X-11-.03 - Seal On Documents

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The
			 seal, signature, and date of signature on a document signify that the document
			 was prepared by the licensee or under his or her responsible charge, or that
			 the licensee has reviewed the document in sufficient depth to fully coordinate
			 and assume responsibility for documents prepared by another licensed
			 professional engineer or licensed professional land surveyor.
(2) Two or more licensees may affix their
			 signatures and seals on the same sheet provided it is designated by a note
			 under the seal the specific subject matter for which each is responsible. In
			 addition, each drawing shall be sealed and signed by the licensee or licensees
			 responsible for each sheet.
(3) The
			 seal and signature shall be placed on work only when it was under the
			 licensee's responsible charge. The licensee shall only sign and seal work
			 within their area of competence.
(a) Each
			 design sheet for engineering practice and each map, plat or chart sheets for
			 land surveying practice, shall be signed, sealed, and dated by the licensee who
			 prepared the documents or under whose responsible charge the documents were
			 prepared.
(b) For reports and
			 specifications when more than one sheet is bound together in one volume, the
			 licensee who prepared the volume, or under whose responsible charge the volume
			 was prepared, may sign, seal, and date only the title or index sheet, provided
			 that this sheet clearly identifies all of the other sheets comprising the bound
			 volume, and provided that any of the other sheets which were prepared by, or
			 under the responsible charge of, another licensee, be signed, sealed, and dated
			 by the other licensee.
(c) Letters
			 containing engineering or surveying recommendations should be signed and sealed
			 on the signature page, whether those documents are transmitted via hard copy or
			 electronic means.
Alabama Administrative Code › Title 330 - ALABAMA STATE BOARD OF REGISTRATION FOR PROFESSIONAL ENGINEERS AND LAND SURVEYORS › Chapter 330-X-11 - SEALS › Section 330-X-11-.04 - Seal, Signature, And Date On Certifications

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The term "Certification" as used herein
			 shall be as set forth in Rule
			 330-X-2-.01(8).
(2) When an Engineer or a land surveyor is
			 presented with a Certification to be signed, sealed, and dated, he or she
			 should carefully evaluate that Certification to determine if any of the
			 circumstances set forth in subsection (3) below would apply.
(3) Engineers or land surveyors who sign,
			 seal, and date Certifications which:
(a)
			 relate to matters which are beyond the engineer's or land surveyor's technical
			 competence, or
(b) involve matters
			 which are beyond the engineer's or land surveyor's scope of services actually
			 provided, or (c) relate to matters which were not prepared under the engineer's
			 or land surveyor's responsible supervision, direction or control are subject to
			 discipline pursuant to Rules
			 330-X-14-.05(h) and 330-X-16.
Alabama Administrative Code › Title 330 - ALABAMA STATE BOARD OF REGISTRATION FOR PROFESSIONAL ENGINEERS AND LAND SURVEYORS › Chapter 330-X-12 - INTERIM PERMITS (REPEALED) › Section 330-X-12-.01 - Requirements (REPEALED)

Current through Register Vol. 42, No. 9, June 28, 2024
Author:
Alabama State Board of Registration for
				  Professional Engineers and Land Surveyors
Statutory Authority:
Code of Ala.
				  1975
, §§
										34-11-4,
				  34-11-35.
Alabama Administrative Code › Title 330 - ALABAMA STATE BOARD OF REGISTRATION FOR PROFESSIONAL ENGINEERS AND LAND SURVEYORS › Chapter 330-X-12 - INTERIM PERMITS (REPEALED) › Section 330-X-12-.02 - Issuance (REPEALED)

Current through Register Vol. 42, No. 9, June 28, 2024
Author:
Alabama State Board of Registration for
				  Professional Engineers and Land Surveyors
Statutory Authority:
Code of Ala.
				  1975
, §
										34-11-35.
Alabama Administrative Code › Title 330 - ALABAMA STATE BOARD OF REGISTRATION FOR PROFESSIONAL ENGINEERS AND LAND SURVEYORS › Chapter 330-X-12 - INTERIM PERMITS (REPEALED) › Section 330-X-12-.03 - Land Surveyors Not Eligible (REPEALED)

Current through Register Vol. 42, No. 9, June 28, 2024
Author:
Alabama State Board of Registration for
				  Professional Engineers and Land Surveyors
Statutory Authority:
Code of Ala.
				  1975
, §
										34-11-35.
Alabama Administrative Code › Title 330 - ALABAMA STATE BOARD OF REGISTRATION FOR PROFESSIONAL ENGINEERS AND LAND SURVEYORS › Chapter 330-X-13 - EXPIRATIONS, LAPSES, RENEWALS, AND CONTINUING PROFESSIONAL COMPETENCY › Section 330-X-13-.01 - Renewals

Current through Register Vol. 42, No. 9, June 28, 2024
(1) All licenses
			 expire on December 31 of a specified year. Each licensee will be notified no
			 later than two months prior to the date the license expires. Renewal must be
			 accomplished online. The licensee's submission of the renewal form reaffirms
			 agreement to abide by the Rules of Professional Conduct (Code of Ethics), Rule
			 330-X-14.
(2) No renewal fees will
			 be accepted prior to the renewal date specified in the Board renewal
			 notification.
(3) Reinstatement
			 fees for expired licenses and certifications are set each year by the
			 Board.
(4) The responsibility for
			 renewal rests solely with the individual. Failure to receive notice of renewal
			 or to respond to a Board renewal inquiry does not relieve you of your duty to
			 renew on time.
Author:
Rick Huett (Executive Director), Bonnie
				  Kelly and Griffin Pritchard, Alabama State Board of Registration for
				  Professional Engineers and Land Surveyors
Statutory Authority:
Code of Ala.
				  1975
, §§
										34-11-8,
				  34-11-35.
Alabama Administrative Code › Title 330 - ALABAMA STATE BOARD OF REGISTRATION FOR PROFESSIONAL ENGINEERS AND LAND SURVEYORS › Chapter 330-X-13 - EXPIRATIONS, LAPSES, RENEWALS, AND CONTINUING PROFESSIONAL COMPETENCY › Section 330-X-13-.02 - Continuing Professional Competency

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Purpose - In order to help safeguard
			 health, life, safety, welfare and property, the practices of professional
			 engineering and land surveying in Alabama require continuing professional
			 competency in accordance with
Code of Ala. 1975
,
			 Section 34-11-8(a)(2) and
			 this Rule.
(2) Scope - Each
			 in-state and out-of-state licensee shall be required to meet the continuing
			 professional competency requirements of these regulations for professional
			 development as a condition for licensure renewal. Continuing professional
			 competency obtained by a licensee should maintain, improve, or expand skills
			 and knowledge obtained prior to initial licensure or develop new and relevant
			 skills and knowledge. Regular duties are not considered qualified
			 activities.
(3) Definitions - Terms
			 used in this section are defined as follows:
(a) Professional Development Hour (PDH) - A
			 contact (clock) hour consisting of not less than 50 minutes of instruction or
			 presentation and which further meets the requirements of these rules. The
			 minimum acceptable fraction of a PDH will be .5 which is equivalent to 30
			 minutes of instruction time.
(b)
			 Sponsor - An individual, organization, association, institution, or other
			 entity which provides an educational activity for the purpose of fulfilling the
			 continuing professional competency requirements of this rule.
Alabama Administrative Code › Title 330 - ALABAMA STATE BOARD OF REGISTRATION FOR PROFESSIONAL ENGINEERS AND LAND SURVEYORS › Chapter 330-X-13 - EXPIRATIONS, LAPSES, RENEWALS, AND CONTINUING PROFESSIONAL COMPETENCY › Section 330-X-13-.03 - Expirations And Reinstatements

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
			 The right to practice as a licensed professional engineer or licensed
			 professional land surveyor expires December 31 of the specified year unless
			 renewed. To be reinstated, a licensee who does not renew before December 31 and
			 has an expired license for a period not to exceed two years, will be required
			 to file a reinstatement form, show evidence of completion of the continuing
			 professional competency requirement, and pay the reinstatement fee as
			 determined by the Board. Any license which has been expired for more than two
			 years is not eligible for reinstatement and the individual will be required to
			 file a new application and meet the statutory requirements in existence at time
			 of relicensing.
Previously Rule
				  330-X-13-.02.
Author:
Rick Huett (Executive Director), Bonnie
				  Kelly and Griffin Pritchard, Alabama State Board of Registration for
				  Professional Engineers and Land Surveyors
Statutory Authority:
Code of Ala.
				  1975
, §§
										34-11-8,
				  34-11-35.
Alabama Administrative Code › Title 330 - ALABAMA STATE BOARD OF REGISTRATION FOR PROFESSIONAL ENGINEERS AND LAND SURVEYORS › Chapter 330-X-14 - PROFESSIONAL CONDUCT (CODE OF ETHICS) › Section 330-X-14-.01 - Preamble

Current through Register Vol. 42, No. 9, June 28, 2024
(1) In order to
			 meet the intent of the
Code of Ala. 1975
, Title 34,
			 Chapter 11, to safeguard the health, life, safety, welfare and property of the
			 public and to establish and maintain a high standard of integrity, skills, and
			 practice in the professions of engineering and land surveying, the following
			 Rules of Professional Conduct (Code of Ethics) are promulgated in accordance
			 with Section
			 34-11-35,
Code of Ala. 1975
and shall be binding upon (a) every
			 person holding a license as a professional engineer or professional land
			 surveyor, (b) every certified engineer intern and land surveyor intern and (c)
			 holders of certificates of authorization.
(2) All persons licensed or certified under
			 the provisions of Chapter 11, Title 34,
Code of Ala.
			 1975
and prior Code, are charged with having knowledge of the
			 existence of the Rules of Professional Conduct (Code of Ethics), Rules
			 330-X-14-.02 through
			 330-X-14-.07,
			 and shall be deemed to be familiar with their several provisions and to
			 understand them. Such knowledge shall encompass the understanding that the
			 practice of engineering or land surveying is a privilege, as opposed to a
			 right, and the licensee or intern shall be forthright and candid in his or her
			 statements or written response to the Board or its representatives on matters
			 pertaining to professional conduct.
(3) Where applicable, the singular use of the
			 words "engineer or land surveyor" used in the five Rules of Professional
			 Conduct (Canons) shall also include holders of certificates of
			 authorization.
(4) Licensees, in
			 the performance of their services for clients, employers, and customers, shall
			 be cognizant that their first and foremost responsibility is to the public
			 health, safety and welfare.
Authors:
Rick Huett (Executive Director), Bonnie
				  Kelly and Griffin Pritchard, Alabama State Board of Registration for
				  Professional Engineers and Land Surveyors
Statutory Authority:
Code of Ala.
				  1975
, §
										34-11-35.
Alabama Administrative Code › Title 330 - ALABAMA STATE BOARD OF REGISTRATION FOR PROFESSIONAL ENGINEERS AND LAND SURVEYORS › Chapter 330-X-14 - PROFESSIONAL CONDUCT (CODE OF ETHICS) › Section 330-X-14-.02 - Conflict Of Interest (Canon I)

Current through Register Vol. 42, No. 9, June 28, 2024
The engineer or land surveyor shall exercise independent
				judgments, decisions and practices on behalf of clients and employers as
				follows:
(a) The engineer or land
			 surveyor shall attempt to avoid all conflicts of interest with his client or
			 employer, but when a conflict of interest is unavoidable, the engineer or land
			 surveyor shall immediately inform his or her employer or client of any business
			 association, interest, or circumstances which might tend to influence the
			 licensee's professional judgments, decisions or practices or the quality of
			 services.
(b) The engineer or land
			 surveyor shall not solicit or accept any gratuity, material favor or benefits
			 of any substantial nature from any party, agent, servant or employee dealing
			 with his or her client or employer in connection with any project on which he
			 or she is performing or has contracted to perform engineering or land surveying
			 services. This solicitation or acceptance includes, but is not limited to any
			 act, article, money or other material possessions which is of such value or
			 proportion that its acceptance creates a clandestine obligation on the part of
			 the receiver or otherwise compromises his or her ability to exercise his or her
			 own independent judgment.
(c) The
			 engineer or land surveyor shall not solicit or accept, directly or indirectly,
			 any engineering or land surveying contract, selection, or employment from a
			 governmental body in which a principal or officer of the licensee's
			 organization serves as a member or employee.
(d) When in public service as a member or
			 employee of a governmental body, the engineer or land surveyor shall not
			 participate, directly or indirectly, in considerations or actions with respect
			 to retaining services offered or provided by the licensee, his or her
			 associates or his or her organization to such governmental body.
Author:
Alabama State Board of Registration for
				Professional Engineers and Land Surveyors
Statutory Authority:
Code of Ala.
				  1975
, §
										34-11-35.
Alabama Administrative Code › Title 330 - ALABAMA STATE BOARD OF REGISTRATION FOR PROFESSIONAL ENGINEERS AND LAND SURVEYORS › Chapter 330-X-14 - PROFESSIONAL CONDUCT (CODE OF ETHICS) › Section 330-X-14-.03 - Qualified By Education Examination Or Experience (Canon II)

Current through Register Vol. 42, No. 9, June 28, 2024
The engineer or land surveyor shall act competently and use
				proper care in performing engineering or land surveying services for clients or
				employers and shall act only in fields in which qualified by education,
				examination or experience as follows:
(a) The engineer or land surveyor shall not
			 accept any engineering or land surveying employment, or undertake any
			 engineering and/or land surveying assignment, for which he or she is not
			 qualified by education, examination or experience to perform or to carry out
			 adequately and competently; providing and excepting, however, that an engineer
			 or land surveyor may accept an assignment requiring education, examination and
			 experience outside his or her field of competence only to the extent that
			 personal engineering or land surveying services are restricted solely to those
			 phases of the service or project in which he or she is qualified and competent,
			 and that all other phases of such service or project shall be performed by
			 qualified consultants, associates or employees.
(b) The engineer or land surveyor shall not
			 affix his or her signature or seal to any engineering or land surveying plan or
			 document dealing with subject matter on which he or she is not qualified by
			 education, examination or experience to form a dependable judgment.
(c) The engineer or land surveyor, when
			 serving as an expert or technical witness before any court, commission or other
			 tribunal, shall express an opinion only when it is founded upon adequate
			 knowledge of the facts in issue, upon a background of technical competence in
			 the subject matter, and upon honest conviction of the accuracy and propriety of
			 his or her testimony.
(d) The
			 engineer, land surveyor, engineer intern, or land surveyor intern shall not
			 engage in any other professional matter for which a specific license is
			 required without first being licensed in that profession.
Author:
William R. Huett, (Executive Director),
				  Bonnie Kelly
Statutory Authority:
Code of Ala.
				  1975
, §
										34-11-35.
Alabama Administrative Code › Title 330 - ALABAMA STATE BOARD OF REGISTRATION FOR PROFESSIONAL ENGINEERS AND LAND SURVEYORS › Chapter 330-X-14 - PROFESSIONAL CONDUCT (CODE OF ETHICS) › Section 330-X-14-.04 - Confidences Of Clients and Employers (Canon III)

Current through Register Vol. 42, No. 9, June 28, 2024
The engineer or land surveyor shall safeguard and preserve the
				confidences and private information of clients and employers as follows:
(a) Except as permitted by Rule
			 330-X-14-.04(b), the engineer or land surveyor shall not knowingly:
1. Reveal a confidence or private information
			 regarding or in the possession of the licensee's client or employer, current or
			 former;
2. Use a confidence or
			 private information regarding or in the possession of his client or employer,
			 current or former, to the disadvantage of the client or employer;
3. Use a confidence or private information
			 regarding or in the possession of the client or employer for the advantage of a
			 third person, unless the client or employer, current or former, consents after
			 full disclosure except (b) below.
Alabama Administrative Code › Title 330 - ALABAMA STATE BOARD OF REGISTRATION FOR PROFESSIONAL ENGINEERS AND LAND SURVEYORS › Chapter 330-X-14 - PROFESSIONAL CONDUCT (CODE OF ETHICS) › Section 330-X-14-.07 - Responsibility For Conduct

Current through Register Vol. 42, No. 9, June 28, 2024
A corporation, partnership, or firm shall be held responsible
				for the conduct or acts of its agents, managing agents, employees, officers,
				partners, or owners, licensed or non-licensed.
Author:
Rick Huett (Executive Director), Bonnie
				  Kelly and Griffin Pritchard, Alabama State Board of Registration for
				  Professional Engineers and Land Surveyors
Statutory Authority:
Code of Ala.
				  1975
, §§
										34-11-9(d),
				  34-11-35.
Alabama Administrative Code › Title 330 - ALABAMA STATE BOARD OF REGISTRATION FOR PROFESSIONAL ENGINEERS AND LAND SURVEYORS › Chapter 330-X-14 - PROFESSIONAL CONDUCT (CODE OF ETHICS) › Section 330-X-14-.08 - Convictions

Current through Register Vol. 42, No. 9, June 28, 2024
The revocation, suspension, or denial of a license to practice
				engineering or land surveying in another jurisdiction, for reasons or causes
				which the Board finds would constitute a violation of the Alabama Law
				regulating the practice of engineering and land surveying or any rule,
				regulation, or code promulgated by the Board, shall be sufficient cause for the
				denial, suspension, or revocation of a license to practice engineering or land
				surveying in the State of Alabama.
Author:
Alabama State Board of Registration for
				Professional Engineers and Land Surveyors
Statutory Authority:
Code of Ala.
				  1975
, §
										34-11-35.
Alabama Administrative Code › Title 330 - ALABAMA STATE BOARD OF REGISTRATION FOR PROFESSIONAL ENGINEERS AND LAND SURVEYORS › Chapter 330-X-15 - COMPLIANCE AND ENFORCEMENT › Section 330-X-15-.02 - Application Procedures

Current through Register Vol. 42, No. 9, June 28, 2024
(1) All
			 applications for certificates of authorization shall be made in the format
			 provided by the Board and no applications made otherwise will be accepted. An
			 application not properly completed, containing all of the information required,
			 or accompanied by the required fee will no be accepted. As per Section
			 34-11-5(e),
Code of Ala. 1975
, application fees will not be
			 refunded.
(a) Applications will include all
			 branch offices located in the state and all branch offices located out-of-state
			 where engineering or land surveying services for Alabama projects is offered or
			 performed.
(b) A separate
			 certificate of authorization is required for engineering and land
			 surveying.
(c) In the event the
			 mailing address submitted is a post office box, there must also be a street
			 address identified for each office from which engineering and land surveying
			 services are provided.
(d) There is
			 no requirement for a physical location in the state.
Alabama Administrative Code › Title 330 - ALABAMA STATE BOARD OF REGISTRATION FOR PROFESSIONAL ENGINEERS AND LAND SURVEYORS › Chapter 330-X-15 - COMPLIANCE AND ENFORCEMENT › Section 330-X-15-.03 - Reconsideration Of Denied Applications

Current through Register Vol. 42, No. 9, June 28, 2024
(1) A denied application may be reconsidered
			 by the Board if written notice of appeal is received by the Executive Director
			 within thirty days after the applicant has been notified of the ruling of the
			 Board.
(2) A hearing shall be held
			 within a reasonable time after receipt of the notice of appeal, or at such time
			 agreed upon by stipulation between the applicant and the Executive
			 Director.
(3) At least a quorum of
			 the Board must be present to hold a hearing.
(4) Evidence, including oral testimony, shall
			 be freely admitted. The applicant shall be allowed to have counsel present if
			 desired.
(5) The Board shall issue
			 a final decision within thirty days of the date of the hearing, which shall
			 include finds of fact and official action taken. The applicant shall be
			 delivered a copy of the decision by first class mail.
(6) The decision of the Board may be appealed
			 to the circuit court of Montgomery County, as provided in
Code of
			 Ala. 1975
, Section
			 34-11-13,
			 within thirty days of the decision of the Board.
(7) The record on appeal shall be certified
			 by the Executive Director of the board, and shall include the entire record
			 including a transcript of the hearing, if a transcript is made.
Author:
Alabama State Board of Registration for
				  Professional Engineers and Land Surveyors
Statutory Authority:
Code of Ala.
				  1975
, §
										34-11-35.
Author: New Rule:
Filed June 22, 2012; effective
				  July 27, 2012.
Alabama Administrative Code › Title 330 - ALABAMA STATE BOARD OF REGISTRATION FOR PROFESSIONAL ENGINEERS AND LAND SURVEYORS › Chapter 330-X-15 - COMPLIANCE AND ENFORCEMENT › Section 330-X-15-.04 - Renewal Procedures

Current through Register Vol. 42, No. 9, June 28, 2024
(1) A
			 certificate of authorization issued to a corporation, partnership or firm shall
			 expire on December 31 of a specified year, if not renewed, and the corporation,
			 partnership or firm may not offer or engage in engineering or land surveying
			 services until the certificate of authorization has been reinstated.
(2) Certificates of Authorization are renewed
			 biennially. Certificate of Authorization holders will be notified no later than
			 two months prior to the date the certificate expires.
Rule
				  330-X-15-.03 was renumbered to .04 as pre certification filed June 22, 2012; effective July
				  27, 2012.
Authors:
Rick Huett (Executive Director), Bonnie
				  Kelly, Griffin Pritchard
Statutory Authority:
Code of Ala.
				  1975
, §§
										34-11-8,
				  34-11-9,
				  34-11-35.
Alabama Administrative Code › Title 330 - ALABAMA STATE BOARD OF REGISTRATION FOR PROFESSIONAL ENGINEERS AND LAND SURVEYORS › Chapter 330-X-16 - DISCIPLINARY ACTION › Section 330-X-16-.01 - Complaints

Current through Register Vol. 42, No. 9, June 28, 2024
The Board may initiate action in cases where a person's actions
				or business entity's actions are in violation of the law. Complaints must be
				filed within two years of the date the violation occurred or within two years
				of the date of the discovery of the violation but no later than 10 years from
				the date of the violation. Any violation that was caused by fraud, deceit, or
				concealment, however, is not subject to the 10-year time limitation. Upon
				receipt of a signed complaint from any person that an individual has violated
				the law and/or the rules of the Board, the Board may assemble the facts, obtain
				legal guidance, follow the case to completion based on the legal guidance given
				and begin administrative action, levy a civil administrative penalty, file a
				civil action, and/or refer the matter for criminal prosecution
(1) A complaint initiated by an individual or
			 entity against a licensee or non-licensee shall be submitted in a format
			 provided by the Board and shall contain:
(a)
			 Name and address of the complaining party as well as the name and address of
			 the individual or entity against which the complaint has been filed.
(b) A plain and concise statement of the
			 facts which indicate that the provisions of
Code of Ala.
			 1975
, Chapter 11, Title 34, rules promulgated by the Board, or
			 Rules of Professional Conduct (Code of Ethics) may have been
			 violated.
(c) The signature of the
			 complainant.
Alabama Administrative Code › Title 330 - ALABAMA STATE BOARD OF REGISTRATION FOR PROFESSIONAL ENGINEERS AND LAND SURVEYORS › Chapter 330-X-16 - DISCIPLINARY ACTION › Section 330-X-16-.02 - Probable Cause

Current through Register Vol. 42, No. 9, June 28, 2024
Upon receiving a complaint the Executive Director shall refer
				the complaint to one member of the Board; provided, however, that if the
				complaint is first made to a Board member, then it shall be referred to that
				Board member. The Board member to whom a complaint is referred, the Executive
				Director, and the Board's attorney, (Investigative Committee), shall determine
				appropriate action and/or whether probable cause exists. If charges are filed,
				the Board member who was a member of the Investigative Committee that made the
				probable cause determination shall not sit as a member of the Board at the
				disciplinary hearing held pursuant to the charges.
Author:
Board
Statutory Authority:
Code of Ala.
				  1975
, §§
										34-11-11,
				  34-11-16,
				  34-11-35.
Alabama Administrative Code › Title 330 - ALABAMA STATE BOARD OF REGISTRATION FOR PROFESSIONAL ENGINEERS AND LAND SURVEYORS › Chapter 330-X-16 - DISCIPLINARY ACTION › Section 330-X-16-.03 - Charges

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The Board
			 through it's Investigative Committee shall instruct the Board's attorney to
			 prepare charges once the Investigative Committee determines that probable cause
			 exists.
(2) The charges shall be
			 sent certified mail, return receipt requested, to the most recent address of
			 the respondent and shall be mailed at least 30 days prior to the scheduled date
			 of the hearing. A copy shall also be sent first class mail.
(3) The charges will contain a short and
			 plain statement of the matters asserted and give notice in compliance with the
			 Alabama Administrative Procedure Act, Section
			 41-22-12(b) and
Code of Ala. 1975
, Section
			 34-11-11. If
			 the Board is unable to state the matters in detail at the time the notice is
			 served, the initial notice may be limited to a statement of the issues
			 involved. Thereafter, upon application, a more definite and detailed statement
			 shall be furnished.
Author:
Board
Statutory Authority:
Code of Ala.
				  1975
, §§
										34-11-11,
				  34-11-16,
				  34-11-35,
				  41-22-1(b).
Alabama Administrative Code › Title 330 - ALABAMA STATE BOARD OF REGISTRATION FOR PROFESSIONAL ENGINEERS AND LAND SURVEYORS › Chapter 330-X-16 - DISCIPLINARY ACTION › Section 330-X-16-.04 - Pre-Hearing Discovery

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
			 Pre-hearing discovery shall be permitted in accordance with this rule to the
			 extent necessary to prevent fraud, conserve the Board's time, prevent undue
			 surprise at hearing and facilitate the carriage of justice.
(2) The attorney for the Board or the
			 respondent may upon application to the Hearing Officer, or the person appointed
			 to act as Hearing Officer, obtain discovery regarding any matter not privileged
			 which is relevant to the subject matter involved in the pending action, whether
			 it relates to the charges of the Board or the defense of the
			 respondent.
(3) Methods of
			 Discovery.
(a) Upon written application to the
			 Hearing Officer, or the person appointed to act as Hearing Officer, the
			 following discovery shall be allowed or ordered:
1. Deposition upon oral examination of any
			 expert witness.
2. Interrogatories
			 to respondent.
3. Order for
			 production and copying of documents and things and entry upon land for
			 inspection and other purposes, against any person.
Alabama Administrative Code › Title 330 - ALABAMA STATE BOARD OF REGISTRATION FOR PROFESSIONAL ENGINEERS AND LAND SURVEYORS › Chapter 330-X-16 - DISCIPLINARY ACTION › Section 330-X-16-.05 - Disciplinary Hearings

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
Conduct of Hearing
.
(a) Hearing Officer. The Board may, in its
			 discretion, and subject to the applicable provisions of the Alabama
			 Administrative Procedures Act appoint a person to act as Hearing officer at
			 disciplinary hearings. In the event a Hearing officer is appointed to preside
			 at the hearing, he or she shall rule on all questions of evidence and
			 procedure, not withstanding any other provisions of these rules to the
			 contrary. The Board may, in its discretion and subject to the applicable
			 provisions of the Alabama Administrative Procedures Act, appoint a Hearing
			 officer to hear the evidence and submit a recommendation to the Board,
			 including recommended finding of facts and conclusions of law at disciplinary
			 hearings. The Board will consider the Hearing officer's recommendations and the
			 Board shall issue an appropriate administrative order approving, modifying or
			 rejecting the Hearing officer's recommendation.
(b) Plea. The respondent shall plead either
			 "guilty" or "not guilty" to the charges.
(c) Opening Statement. Each side shall be
			 permitted to make a short opening statement.
(d) The Board shall present its evidence,
			 followed by the respondent, followed by rebuttal by the state. Each witness
			 called may be examined in the following manner:
1. Direct examination.
2. Cross-examination.
3. Examination by Board.
4. Re-direct examination.
5. Re-cross examination.
6. Re-examination by Board.
(e) Closing Argument. Each side
			 shall be permitted to make a short closing statement summarizing the evidence
			 presented and urging the application of relevant law to the evidence
			 presented.
(f) The Board may
			 request one or both sides to prepare within seven days a proposed order of the
			 Board for the Board's consideration including findings of fact, official notice
			 and conclusions of law. Underlying facts of record which support the findings
			 should be cited.
(g) Order.
			 Following completion of the hearing or upon receipt of the Hearing officer's
			 recommendations, findings of facts and conclusions of law, the Board shall
			 issue an order within 30 days, which shall include findings of fact, official
			 notice taken, and conclusions of law stated separately. A copy of the order
			 shall be delivered by certified mail, return receipt requested, and first class
			 mail, postage prepaid, to the respondent or if represented by counsel, to his
			 or her counsel of record.
Alabama Administrative Code › Title 330 - ALABAMA STATE BOARD OF REGISTRATION FOR PROFESSIONAL ENGINEERS AND LAND SURVEYORS › Chapter 330-X-16 - DISCIPLINARY ACTION › Section 330-X-16-.06 - Discipline

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Upon a finding
			 that respondent has violated any enumerated provision of
Code of
			 Ala. 1975
, Sections
			 34-11-11,
			 34-11-15,
			 34-11-16,
			 or any rule adopted pursuant to
Code of Ala. 1975
,
			 Section
			 34-11-35, the
			 Board shall impose any or all of the disciplinary penalties set forth in
Code of Ala. 1975
, Section
			 34-11-11.
(2)
Stay of Execution of
			 Order
. The Board may, in its discretion, permanently or
			 temporarily stay the execution of its order to censure, place on probation,
			 fine, revoke or suspend a licensee respondent's license, certification of
			 certificate of authorization. The Board may, in its discretion, permanent or
			 temporarily stay the execution of its order to fine a non-licensee respondent.
			 The stay may be conditioned on any provision the Board deems appropriate under
			 all the circumstances of a particular case.
(3)
Consideration
.
			 In determining whether a license, certification or certificate of authorization
			 should be revoked or suspended, and whether execution of the order should be
			 stayed, and upon what conditions, the Board shall consider all relevant
			 factors.
(4) The Board shall not
			 accept voluntary surrender of a license, certification, or certificate of
			 authorization to avoid possible disciplinary action by the Board.
Author:
Alabama State Board of Registration for
				  Professional Engineers and Land Surveyors
Statutory Authority:
Code of Ala.
				  1975
, §§
										34-11-11,
				  34-11-35.
Alabama Administrative Code › Title 330 - ALABAMA STATE BOARD OF REGISTRATION FOR PROFESSIONAL ENGINEERS AND LAND SURVEYORS › Chapter 330-X-16 - DISCIPLINARY ACTION › Section 330-X-16-.07 - Reissuance Of Licensure Or Certification After Revocation, Surrender, Or Suspension

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
			 Revocation or Surrender. Any person, corporation, partnership, or firm whose
			 license, certification, or certificate of authorization has been revoked or
			 surrendered may apply, when permitted by Law, to the Board for reissuance of
			 the license, certification, or certificate of authorization. Eligibility for
			 reissuance is as outlined in Section
			 34-11-12,
Code of Ala. 1975
.
(a) In the application for reissuance, the
			 applicant should state why the license, certification, or certificate of
			 authorization should be reissued and should specifically set forth any changed
			 circumstances which would justify reissuance. The fee for a reissuance
			 application will be the same fee as set by the Board for an original
			 application. The fee shall accompany the application.
(b) Upon receipt of such application the
			 Board shall grant the applicant a hearing on reissuance, at which time the
			 applicant may appeal to the Board to reissue his or her license, certification,
			 or certificate of authorization. The hearing shall be held within a reasonable
			 time after receipt of the application or at such time agreed upon by
			 stipulation between the applicant and the Executive Director.
(c) At least a quorum of the Board must be
			 present to hold a hearing.
(d)
			 Evidence including oral testimony, shall be freely admitted. The applicant
			 shall be allowed to have counsel present if desired.
(e) The Board shall issue a final decision
			 within thirty days of the date of the hearing, which shall include findings of
			 fact and official action taken. The applicant shall be delivered a copy of the
			 decision by first class and registered mail.
(f) The decision of the Board may be appealed
			 to the circuit court of Montgomery County within thirty day of the decision of
			 the Board.
(g) The record on appeal
			 shall be certified by the Executive Director of the board, and shall include
			 the entire record including a transcript of the hearing, if a transcript is
			 made.
Alabama Administrative Code › Title 330 - ALABAMA STATE BOARD OF REGISTRATION FOR PROFESSIONAL ENGINEERS AND LAND SURVEYORS › Chapter 330-X-16 - DISCIPLINARY ACTION › Section 330-X-16-.08 - Conflict And Bias

Current through Register Vol. 42, No. 9, June 28, 2024
(1) No Board
			 member shall be entitled to vote in any disciplinary matter if the Board member
			 is personally biased, or if a conflict exits with the respondent, or if such
			 voting would violate the provisions of the Alabama Administrative Procedure
			 Act,
Code of Ala. 1975
, §
								41-22-18(a).
(2) Any respondent in a disciplinary action
			 who wishes to assert bias or conflict may do so by filing an affidavit
			 asserting the disqualification together with the underlying factual bias for
			 the assertion with the Executive Director at least three days before the
			 scheduled disciplinary hearing.
(3)
			 The Board shall consider the assertion of disqualification on the record as a
			 preliminary matter at the hearing before any other action is indicated.
Author:
Alabama State Board of Registration for
				Professional Engineers and Land Surveyors
Rule
				  330-X-1-.09 was renumbered
				  330-X-1-.08 as per certification filed September 23, 1998; effective October 28,
				  1998.
Statutory Authority:
Code of Ala.
				  1975
, §§
										34-11-35,
				  34-11-11,
				  41-22-18(a).
Alabama Administrative Code › Title 330 - ALABAMA STATE BOARD OF REGISTRATION FOR PROFESSIONAL ENGINEERS AND LAND SURVEYORS › Chapter 330-X-17 - SEVERABILITY › Section 330-X-17-.01 - Severability

Current through Register Vol. 42, No. 9, June 28, 2024
If any of the rules and regulations of the Board which shall be
				known as "The Alabama State Board of Licensure for Professional Engineers and
				Land Surveyors Administrative Code" or any part thereof, or any sentence,
				paragraph, clause, phrase or word thereof is construed by the courts to be
				invalid for any reason, it is the intention of the Board that the remainder
				shall continue in full force and effect; that is, it is the intention of the
				Board that each rule and/or any portions thereof, are severable.
Author
: Alabama State Board of Registration for
				Professional Engineers and Land Surveyors
Statutory Authority
:
Code of Ala.
				1975
, §
								34-11-35.
History
: Filed September 22, 1982.
Amended:
Filed September 23, 1998; effective October 28,
				1998.