reglab/statecodes huggingface dataset:
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 5 - Board for Professional Engineers and Land Surveyors › Article 3 - Examinations › Section 436 - Schedule of Regular Written Examinations

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Written examinations shall be given at
				intervals as determined by the board but not less than once each
				year.
(b) The executive officer
				shall publish annually, not later than three months prior to the end of each
				calendar year, a schedule of examinations for the following year.
(c) Whenever circumstances warrant such
				action the board may postpone, advance, or otherwise change without notice the
				examination schedule previously published.
1. Amendment
				  filed 1-25-66; effective thirtieth day thereafter (Register 66, No.
				  3).
2. Amendment filed 1-19-71; effective thirtieth day thereafter
				  (Register 71, No. 4).
3. Amendment filed 7-27-73; effective
				  thirtieth day thereafter (Register 73, No. 30).
4. Change without
				  regulatory effect amending subsection (b) filed 1-19-95 pursuant to section
				  100, title 1, California Code of
				  Regulations (Register 95, No. 3).
Note: Additional authority cited for Section
					 436: Sections
					 6754,
					 6755,
					 8740.1
					 and
					 8745,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 5 - Board for Professional Engineers and Land Surveyors › Article 3 - Examinations › Section 437 - Individual Examination

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				Individual examinations for licensure, certification, or authorization shall be
				either oral or written or a combination of both, in the discretion of the
				Board. They may be held at times and places convenient to the Board.
(b) An applicant for licensure as a
				professional engineer or as a land surveyor will be considered for assignment
				to an individual examination provided his/her qualifications meet all the
				requirements of the code and rules of the Board and provided he/she holds a
				valid registration or license as a professional engineer or as a land surveyor
				in another state in the same branch in which he/she is applying; such
				registration or license having been obtained by passing written examinations of
				comparable standard to those examinations required in California.
(c) An applicant for authority to use the
				title "structural engineer" may be considered for the individual examination
				only if he/she has passed a 16-hour examination in another state which the
				Board may deem equivalent to the written examination for structural authority
				given in California. This 16-hour examination shall have been in addition to
				the regular examination series for registration or licensure as a professional
				engineer and shall have contained significant emphasis on seismic design and
				lateral load considerations.
1. Amendment
				  filed 10-14-76; effective thirtieth day thereafter (Register 76, No. 42). For
				  prior history, see Register 73, No. 30.
2. Editorial correction of
				  subsection (b)(2) (Register 78, No. 39).
3. Amendment filed 1-15-82;
				  effective thirtieth day thereafter (Register 82, No. 3).
4. Change
				  without regulatory effect amending section and NOTE filed 4-19-99 pursuant to
				  section 100, title 1, California Code of
				  Regulations (Register 99, No. 17).
Note: Authority cited: Sections
					 6716
					 and
					 8710,
					 Business and Professions Code. Sections
					 6706.3,
					 6710,
					 6732,
					 6751,
					 6751.2,
					 6754,
					 6755,
					 6755.1,
					 6755.2,
					 6759,
					 6760,
					 6762,
					 6763,
					 6763.5,
					 8741,
					 8741.1,
					 8745,
					 8746,
					 8747,
					 8748
					 and
					 8748.5,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 5 - Board for Professional Engineers and Land Surveyors › Article 3 - Examinations › Section 439 - Examination Not Permitted

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A person certified or licensed by the Board in a category or
				  branch is not permitted to take any portion of the examination for the same
				  category or branch unless his certificate or license has expired pursuant to
				  Section 6796.3 or Section
				  8803 of the Code or unless
				  re-examination is ordered as a probationary condition pursuant to Section
				  419.
1. New section
				  filed 1-19-72; effective thirtieth day thereafter (Register 72, No. 4). For
				  history of former section, see Register 70, No. 20.
2. Amendment of
				  section and new NOTE filed 7-3-97; operative 7-3-97 pursuant to Government Code
				  section
				  11343.4(d)
				  (Register 97, No. 27).
3. Change without regulatory effect amending
				  section and NOTE filed 4-19-99 pursuant to section
				  100, title 1, California Code of
				  Regulations (Register 99, No. 17).
Note: Authority cited: Sections
					 6716
					 and
					 8710,
					 Business and Professions Code, and Sections
					 11400.20
					 and
					 11400.21,
					 Government Code. Reference: Sections
					 125.3,
					 6706.3,
					 6710,
					 6732,
					 6775,
					 6776,
					 8780
					 and
					 8781,
					 Business and Professions Code; and Sections
					 11400.20,
					 11400.21,
					 11415.60,
					 11425.50
					 and
					 11519,
					 Government Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 5 - Board for Professional Engineers and Land Surveyors › Article 3 - Examinations › Section 440 - Examination Facilities. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Repealer
				  filed 8-10-83; effective thirtieth day thereafter (Register 83, No.
				  33).
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 5 - Board for Professional Engineers and Land Surveyors › Article 3 - Examinations › Section 441 - Authorization to Take Examination

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) After evaluating the qualifications of an
				applicant and establishing that person's eligibility for the examination, in
				accordance with the applicable laws and regulations administered by the board,
				the executive officer assigns the applicant to the next scheduled examination
				for which the applicant qualified.
(b) Any applicant who lacks the
				qualifications for admission to the examination required by Chapter 7 or 15 of
				the code and rules of the board shall be declared ineligible; the application
				shall be denied and the application fee may be partially refunded in accordance
				with provisions of Sections
				158,
				6763.5 and
				8748.5 of the code. The executive
				officer shall notify each applicant of the reason for denying the
				application.
(c) Notification of
				the applicant's assignment and authorization to take the examination and the
				location shall be postmarked at least 14 days prior to the examination
				date.
1. Amendment
				  of subsection (b) filed 2-10-76; effective thirtieth day thereafter (Register
				  76, No. 7).
2. Amendment filed 8-10-83; effective thirtieth day
				  thereafter (Register 83, No. 33).
3. Amendment filed 6-13-89;
				  operative 7-13-89 (Register 89, No. 25).
Note: Authority cited: Sections
					 6716
					 and
					 8710,
					 Business and Professions Code. Reference: Sections
					 6751,
					 6752
					 and
					 8741,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 5 - Board for Professional Engineers and Land Surveyors › Article 3 - Examinations › Section 442 - Examination Subversion

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				Examination subversion is the use of any means to alter the results of an
				examination to cause the results to inaccurately represent the competency of an
				examinee. Examination subversion includes, but is not limited to:
(1) Communication between examinees inside of
				the examination room.
(2) Giving or
				receiving any unauthorized assistance on the examination while an examination
				is in progress.
(3) Having any
				unauthorized printed or written matter or other devices in his or her
				possession which might serve to aid the examinee on the examination.
(4) Obtaining, using, buying, selling,
				distributing, having possession of, or having unauthorized access to secured
				examination questions or other secured examination material prior to, during or
				after the administration of the examination.
(5) Copying another examinee's answers or
				looking at another examinee's materials while an examination is in
				progress.
(6) Permitting anyone to
				copy answers to the examination.
(7) Removing any secured examination
				materials from the examination facility.
(8) Allowing another person to take the
				examination in the examinee's place.
(9) Placing any identifying mark upon his or
				her examination papers other than his or her identification number or other
				identifiers as directed by the examination administrator.
(10) Use by an examinee of any written
				material, audio material, video material, digital material, or any other
				mechanism not specifically authorized during the examination for the purpose of
				assisting an examinee in the examination.
(11) Writing on anything other than
				designated examination material.
(12) Writing or erasing anything after time
				is called.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 5 - Board for Professional Engineers and Land Surveyors › Article 3 - Examinations › Section 443 - Inspection of Examination. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Amendment
				  filed 1-25-66; effective thirtieth day thereafter (Register 66, No.
				  3).
2. Amendment filed 8-10-83; effective thirtieth day thereafter
				  (Register 83, No. 33).
3. Amendment of subsections (a) and (b) and
				  new subsection (d) filed 3-30-90; operative 4-29-90 (Register 90, No.
				  15).
4. Amendment filed 11-16-95; operative 12-16-95 (Register 95,
				  No. 46).
5. Repealer of subsection (b), new subsections (b)-(d),
				  subsection relettering, and amendment of newly designated subsection (g) filed
				  8-25-98; operative 9-24-98 (Register 98, No. 35).
6. Amendment of
				  subsection (c), repealer of subsection (c)(1) and subsection renumbering filed
				  6-18-2012; operative 6-18-2012 pursuant to Government Code section
				  11343.4
				  (Register 2012, No. 25).
7. Repealer filed 8-26-2021; operative
				  10-1-2021 (Register 2021, No. 35).
Note: Authority cited: Sections
					 6716
					 and
					 8710,
					 Business and Professions Code. Reference: Sections
					 6754
					 and
					 8745,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 5 - Board for Professional Engineers and Land Surveyors › Article 3 - Examinations › Section 444 - Examination Appeal. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Amendment
				  filed 1-25-66; effective thirtieth day thereafter (Register 66, No.
				  3).
2. Amendment of subsection (a) filed 1-19-72; effective
				  thirtieth day thereafter (Register 72, No. 4).
3. Amendment filed
				  8-10-83; effective thirtieth day thereafter (Register 83, No.
				  33).
4. Amendment of subsections (b) and (c) filed 3-30-90;
				  operative 4-29-90 (Register 90, No. 15).
5. Amendment of subsections
				  (b) and (c) and NOTE filed 9-10-91; operative 9-10-91 (Register 92, No.
				  2).
6. Repealer and new subsection (a), amendment of subsection (b)
				  and new subsection (d) filed 11-16-95; operative 12-16-95 (Register 95, No.
				  46).
7. Editorial correction of HISTORY 1 (Register 2008, No.
				  37).
8. Repealer filed 8-26-2021; operative 10-1-2021 (Register
				  2021, No. 35).
Note: Authority cited: Sections
					 6716,
					 6754,
					 8710
					 and
					 8745,
					 Business and Professions Code. Reference: Sections
					 6754
					 and
					 8745,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 5 - Board for Professional Engineers and Land Surveyors › Article 3 - Examinations › Section 445 - Land Surveyor Examination. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Amendment
				  filed 7-19-67; effective thirtieth day thereafter (Register 67, No.
				  29).
2. Amendment of subsection (a) filed 1-19-72; effective
				  thirtieth day thereafter (Register 72, No. 4).
3. Repealer filed
				  7-27-73; effective thirtieth day thereafter (Register 73, No.
				  30).
Note: Additional authority cited for Section
					 445, Sections
					 8745.5,
					 8746
					 and
					 8747,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 5 - Board for Professional Engineers and Land Surveyors › Article 3 - Examinations › Section 446 - Postponements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The executive officer may grant a postponement, not to exceed
				  two such postponements for each application to any applicant who for reasonable
				  cause is prevented from appearing for examination at the time fixed, provided
				  the applicant's request for postponement and the reason therefor is filed with
				  the principal office of the board at any time prior to the expiration of the
				  ten (10) day period immediately following the date of such
				  examination.
1. Amendment
				  filed 8-10-83; effective thirtieth day thereafter (Register 83, No.
				  33).
2. Change without regulatory effect amending section filed
				  1-19-95 pursuant to section
				  100, title 1, California Code of
				  Regulations (Register 95, No. 3).
Note: Authority cited: Sections
					 6716
					 and
					 8710,
					 Business and Professions Code. Reference: Sections
					 6754
					 and
					 8745,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 5 - Board for Professional Engineers and Land Surveyors › Article 3 - Examinations › Section 447 - Permissible Reference Material and Other Accessories

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The executive officer shall advise each examinee when he/she
				  is notified that he/she is assigned to an examination, what reference and other
				  materials may be used during the examination to which he/she has been
				  assigned.
1. New section
				  filed 1-16-69; effective thirtieth day thereafter (Register 69, No.
				  3).
2. Amendment filed 1-19-71; effective thirtieth day thereafter
				  (Register 71, No. 4).
3. Amendment filed 8-10-83; effective
				  thirtieth day thereafter (Register 83, No. 33).
4. Change without
				  regulatory effect amending section filed 1-19-95 pursuant to section
				  100, title 1, California Code of
				  Regulations (Register 95, No. 3).
Note: Authority cited: Sections
					 6716,
					 6754,
					 8710
					 and
					 8745,
					 Business and Professions Code. Reference: Sections
					 6754
					 and
					 8745,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 5 - Board for Professional Engineers and Land Surveyors › Article 4 - Miscellaneous › Section 460 - Curricula Approved by the Board. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Amendment
				  filed 1-19-72; effective thirtieth day thereafter (Register 72, No.
				  4).
2. Amendment filed 8-10-83; effective thirtieth day thereafter
				  (Register 83, No. 33).
3. Amendment of subsection (a) and NOTE filed
				  12-9-94; operative 12-9-94 pursuant to Government Code section
				  11346.2(d)
				  (Register 94, No. 49).
4. Repealer filed 4-11-2011; operative
				  5-11-2011 (Register 2011, No. 15).
Note: Authority cited: Sections
					 6716
					 and
					 6751.5,
					 Business and Professions Code. Reference: Sections
					 6751,
					 6751.2
					 and
					 6753
					 and
					 6751.5,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 5 - Board for Professional Engineers and Land Surveyors › Article 4 - Miscellaneous › Section 461 - Testing Laboratory Reports

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Reports issued by Testing Laboratories shall be prepared by
				  or under the supervision of a licensed civil, electrical, or mechanical
				  engineer, as appropriate, and signed or sealed by him/her whenever such reports
				  go beyond the tabulation of test data (composition of material, breaking
				  stress, et cetera) and proceeds to:
(a) Interpret the data to draw conclusions as
				to the characteristics of a civil engineering structure, an electrical or
				mechanical device, or parts thereof.
(b) Express civil, electrical, or mechanical
				engineering judgment in the form of recommendations derived from the results of
				the test.
(c) Perform design work
				in the preparation of plans, specifications, and other instruments requiring
				licensure as a civil, electrical, and/or mechanical engineer.
1. Amendment
				  filed 1-16-69; effective thirtieth day thereafter (Register 69, No.
				  3).
2. Amendment filed 8-10-83; effective thirtieth day thereafter
				  (Register 83, No. 33).
3. Change without regulatory effect amending
				  section and NOTE filed 4-19-99 pursuant to section
				  100, title 1, California Code of
				  Regulations (Register 99, No. 17).
Note: Authority cited: Section
					 6716,
					 Business and Professions Code. Reference: Sections
					 6706.3,
					 6710,
					 6730,
					 6731,
					 6732,
					 6735,
					 6735.3
					 and
					 6735.4,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 5 - Board for Professional Engineers and Land Surveyors › Article 4 - Miscellaneous › Section 461.1 - Traffic Engineering. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New section
				  filed 7-16-71; effective thirtieth day thereafter (Register 71, No.
				  29).
2. Repealer filed 8-10-83; effective thirtieth day thereafter
				  (Register 83, No. 33).
Note: Authority cited: Section
					 6716,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 5 - Board for Professional Engineers and Land Surveyors › Article 4 - Miscellaneous › Section 462 - Concrete Building. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Repealer
				  filed 8-10-83; effective thirtieth day thereafter (Register 83, No.
				  33).
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 5 - Board for Professional Engineers and Land Surveyors › Article 4 - Miscellaneous › Section 463 - Notice of Association or Disassociation with Partnership, Firm, or Corporation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				A professional engineer who is associated as the partner, member, officer, or
				employee in responsible charge of professional engineering services offered or
				performed by a firm, partnership, or corporation shall notify the Board within
				thirty (30) days of such association or termination of association on a form
				approved by the Board.
(b) A
				licensed land surveyor and/or civil engineer who practices or offers to
				practice land surveying, according to the provisions of Section
				8729 of the Code, as a partner,
				member, or officer of a partnership, firm, or corporation shall advise the
				Board within thirty (30) days of such association or termination of association
				on a form approved by the Board.
(c) A licensed photogrammetric surveyor who
				is associated as a member, partner, officer, or employee in a firm,
				partnership, or corporation which offers or performs photogrammetric surveying
				services according to the provisions of Article 5.5 of the Professional Land
				Surveyors' Act shall notify the Board within thirty (30) days of such
				association or termination of association on a form approved by the
				Board.
(d) A firm which contains
				partners, members or officers as described above will be allowed six months
				following the death, disassociation, or retirement of a member, partner, or
				officer whose name the firm, partnership or corporation carried in its firm
				title to make a written request to the Board for an investigation pursuant to
				the requirements of Section
				6738(e) of the
				Code. The Board will determine if such firm is eligible to continue use of its
				firm title without change.
1. Amendment
				  of subsection (a) filed 6-1-73 as an emergency; effective upon filing (Register
				  73, No. 22). For prior history, see Register 71, No. 29.
2.
				  Certificate of Compliance filed 9-7-73 (Register 73, No. 36).
3.
				  Amendment filed 8-10-83; effective thirtieth day thereafter (Register 83, No.
				  33).
4. Change without regulatory effect repealing subsection (e)
				  filed 7-20-94 pursuant to section
				  100, title 1, California Code of
				  Regulations (Register 94, No. 29).
5. Change without regulatory
				  effect amending section and NOTE filed 4-19-99 pursuant to section
				  100, title 1, California Code of
				  Regulations (Register 99, No. 17).
Note: Authority cited: Sections
					 6716
					 and
					 8710,
					 Business and Professions Code. Reference: Sections
					 6731.2,
					 6737.2,
					 6738,
					 6740,
					 8729,
					 8730
					 and
					 8731,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 5 - Board for Professional Engineers and Land Surveyors › Article 4 - Miscellaneous › Section 463.5 - Providing Notice of Licensure

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Every licensee shall provide notice to his or her clients
				  that the licensee is licensed by the Board for Professional Engineers, Land
				  Surveyors, and Geologists. Notice shall be provided by one or more of the
				  following methods:
(a) Displaying his
				or her wall certificate in a public area; or office; or individual work area of
				the premises where the licensee provides the licensed service.
(b) Providing a statement to each client that
				states the client understands the licensee is licensed by the Board for
				Professional Engineers, Land Surveyors, and Geologists. Said statement shall be
				signed and dated by the client and shall be retained in the licensee's
				records.
(c) Including a statement
				that the licensee is licensed by the Board for Professional Engineers, Land
				Surveyors, and Geologists either on letterhead or on a contract for services.
				If said statement is included on a contract for services, it shall be placed
				immediately above the signature line for the client in at least 12 point
				type.
(d) Posting a notice in a
				public area of the premises where the licensee provides the licensed services
				that states the named licensee is licensed by the Board for Professional
				Engineers, Land Surveyors, and Geologists. Said notice shall be in at least 48
				point type.
1. New section
				  filed 2-9-2000; operative 3-10-2000 (Register 2000, No. 6).
2.
				  Change without regulatory effect amending section filed 2-23-2011 pursuant to
				  section 100, title 1, California Code of
				  Regulations (Register 2011, No. 8).
Note: Authority cited: Sections
					 138,
					 6716
					 and
					 8710,
					 Business and Professions Code. Reference: Section
					 138,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 5 - Board for Professional Engineers and Land Surveyors › Article 4 - Miscellaneous › Section 465 - Records of Survey-Public Officers

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A public officer who has performed a survey which is subject
				  to the requirements of Section
				  8762 of the code, shall file a
				  record of survey map or comply with Section
				  8765(a) of the
				  code. In either event, the public officer shall file the information required
				  by Section
				  8765(a) of the
				  code relating to his or her survey within the time limit provided for in
				  Section 8762 of the
				  code.
1. New section
				  filed 2-1-65; effective thirtieth day thereafter (Register 65, No.
				  3).
2. Amendment filed 1-25-66; effective thirtieth day thereafter
				  (Register 66, No. 3).
3. Amendment filed 8-10-83; effective
				  thirtieth day thereafter (Register 83, No. 33).
4. Amendment filed
				  2-14-92; operative 3-16-92 (Register 92, No. 12).
5. Editorial
				  correction of section heading and deleting duplicate section (Register 95, No.
				  14).
Note: Authority cited: Sections
					 8710
					 and
					 8771,
					 Business and Professions Code. Reference: Sections
					 8762-
					 8770.5,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 5 - Board for Professional Engineers and Land Surveyors › Article 4 - Miscellaneous › Section 466 - Registration Without Examination. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New section
				  filed 3-6-75; effective thirtieth day thereafter (Register 75, No.
				  10).
2. New subsection (j) filed 2-10-76; effective thirtieth day
				  thereafter (Register 76, No. 7).
3. Repealer of subsection (j) filed
				  7-3-80; effective thirtieth day thereafter (Register 80, No. 27)
4.
				  Repealer filed 8-10-83; effective thirtieth day thereafter (Register 83, No.
				  33).
Note: Authority cited: Sections
					 6700,
					 6700.1,
					 6716
					 and
					 6717,
					 Business and Professions Code. Reference: Sections
					 6700.1,
					 6716
					 and
					 6717,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 5 - Board for Professional Engineers and Land Surveyors › Article 4 - Miscellaneous › Section 467 - Industrial Engineers. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Repealer
				  filed 7-27-73; effective thirtieth day thereafter (Register 73, No. 30). For
				  prior history, see Register 70, No. 47.
Note: Authority cited: Sections
					 6716
					 and
					 6767.5,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 5 - Board for Professional Engineers and Land Surveyors › Article 4 - Miscellaneous › Section 468 - Electrical or Mechanical Engineers. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Amendment
				  filed 1-19-71; effective thirtieth day thereafter (Register 71, No 4). For
				  prior history, see Register 69, No. 29.
2. Repealer filed 7-27-73;
				  effective thirtieth day thereafter (Register 73, No.
				  30).
Note: Authority cited: Sections
					 6716
					 and
					 6730.1,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 5 - Board for Professional Engineers and Land Surveyors › Article 4 - Miscellaneous › Section 469 - Permission to Use the Title "Consulting Engineer." [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New section
				  filed 3-20-69 as emergency; effective upon filing (Register 69, No.
				  12).
2. Certificate of Compliance--Section
				  11422.1,
				  Gov. Code, filed 7-17-69 (Register 69, No. 29).
3. Repealer filed
				  11-7-77; effective thirtieth day thereafter (Register 77, No.
				  46).
Note: Authority cited: Section
					 6716,
					 Business and Professions Code. Reference: Section
					 6732.1,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 5 - Board for Professional Engineers and Land Surveyors › Article 4 - Miscellaneous › Section 470 - Application Response

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				following timeframes, based on taking and passing the first available
				examination, shall apply to applications for licensure as a professional
				engineer or as a professional land surveyor when an examination is required:
(1) Within 150 calendar days of receipt of an
				application, the Board shall inform the applicant in writing that the
				application is either accepted for filing or that it is deficient and what
				specific information or documentation is required to complete the
				application.
(2) A complete
				application shall include a score for all parts of the examination. Within 60
				calendar days after the filing of a complete application, the Board shall make
				a decision regarding the applicant's eligibility for
				licensure.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 5 - Board for Professional Engineers and Land Surveyors › Article 4 - Miscellaneous › Section 471 - Processing Time

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Board's time periods are based upon an applicant taking
				  and passing the first available examination and for processing an application
				  from the receipt of the initial application to the final decision regarding
				  issuance or denial of licensure based on the Board's actual performance during
				  the two years preceding the proposal of this section:
(a) The median time was 255 days.
(b) The minimum time was 10 days.
(c) The maximum time was 1548 days.
1. New section
				  filed 8-21-89; operative 9-20-89 (Register 89, No. 34).
2. Change
				  without regulatory effect amending first paragraph and NOTE filed 4-19-99
				  pursuant to section
				  100, title 1, California Code of
				  Regulations (Register 99, No. 17).
Note: Authority cited: Sections
					 6716
					 and
					 8710,
					 Business and Professions Code; and Sections
					 15374-
					 15378,
					 Government Code. Reference: Sections
					 6706.3,
					 6710,
					 6732,
					 6750-
					 6755.1
					 and
					 8740-
					 8753,
					 Business and Professions Code; and Sections
					 15374-
					 15378,
					 Government Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 5 - Board for Professional Engineers and Land Surveyors › Article 4 - Miscellaneous › Section 472 - Citations of Unlicensed Persons

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The Executive Officer or his or her
				designee may issue a citation for any violation of any provision of law
				enforced by the Board to an unlicensed person who, unless otherwise exempt, is
				acting in the capacity of a professional engineer or a professional land
				surveyor.
(b) Each citation
(1) shall be in writing;
(2) shall describe with particularity the
				nature of the violation, including specific reference to the provision or
				provisions of law determined to have been violated;
(3) shall contain an assessment of an
				administrative fine, an order of abatement fixing a reasonable period of time
				for abatement of the violation, or both an administrative fine and an order of
				abatement;
(4) shall be served on
				the cited person at the last known business or residence address personally or
				by certified mail with return receipt requested;
(5) shall inform the cited person that
				failure to pay the fine within 30 calendar days of the date of assessment,
				unless the citation is being appealed, may result in the Executive Officer
				applying to the appropriate superior court for a judgment in the amount of the
				administrative fine;
(6) shall
				inform the cited person that, if he or she desires an informal conference to
				appeal the finding of a violation, the informal conference shall be requested
				by written notice to the Board within 30 calendar days from date of issuance of
				the citation;
(7) shall inform the
				cited person that, if he or she desires a hearing to appeal the finding of a
				violation, that hearing shall be requested by written notice to the Board
				within 30 calendar days from date of issuance of the
				citation.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 5 - Board for Professional Engineers and Land Surveyors › Article 4 - Miscellaneous › Section 472.1 - Assessment of Administrative Fine

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) In no event shall the administrative fine
				be less than $50 or exceed $5,000 for each violation.
(b) In determining the amount of an
				administrative fine, the Executive Officer shall consider the following
				factors:
(1) The nature and severity of the
				violation;
(2) The good or bad
				faith exhibited by the cited person;
(3) The history of previous
				violations;
(4) The extent to which
				the cited person has cooperated with the Board and the Board's
				investigation;
(5) The extent to
				which the cited person has mitigated or attempted to mitigate any damage or
				injury caused by his or her violation;
(6) Any factors in extenuation or aggravation
				related to the violation;
(7) Other
				matters as may be appropriate.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 5 - Board for Professional Engineers and Land Surveyors › Article 4 - Miscellaneous › Section 472.3 - Compliance with Order

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) If
				a cited person who has been issued an order of abatement is unable to complete
				the correction within the time set forth in the citation because of conditions
				beyond his or her control after the exercise of reasonable diligence, then he
				or she may request from the Executive Officer an extension of time within which
				to complete the correction. Such a request shall be in writing and shall be
				made within the time set forth for abatement.
(b) Failure of an applicant for licensure as
				a professional engineer or as a professional land surveyor to abate the
				violation or to pay the fine within the time allowed is a ground for denial of
				licensure.
(c) Notwithstanding any
				other provision of the law, the Executive Officer may waive all or part of an
				administrative fine if the cited person satisfactorily completes all the
				requirements for, and is issued, a license.
(d) If the cited person fails to pay all of
				the assessed fine within the time allowed, the Executive Officer may apply to
				the appropriate superior court for a judgment in the amount of the
				administrative fine.
(e) If a
				hearing as provided in Section
				472.2(a) is not
				requested, payment of the fine shall not constitute an admission of the
				violation charged.
(f) Payment of
				the fine shall be represented as satisfactory resolution of the matter for
				purposes of public disclosure.
1. New section
				  filed 8-16-95; operative 9-15-95 (Register 95, No. 33).
2. Change
				  without regulatory effect amending section and NOTE filed 4-19-99 pursuant to
				  section 100, title 1, California Code of
				  Regulations (Register 99, No. 17).
3. Amendment of section heading,
				  section and NOTE filed 12-23-99; operative 1-1-2000 pursuant to Government Code
				  section
				  11343.4(d)
				  (Register 99, No. 52).
4. Amendment of subsections (a) and (c)-(d)
				  and amendment of NOTE filed 3-14-2017; operative 7-1-2017 (Register 2017, No.
				  11).
Note: Authority cited: Sections
					 125.9,
					 148,
					 6716
					 and
					 8710,
					 Business and Professions Code. Reference: Sections
					 125.9,
					 148
					 and
					 149,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 5 - Board for Professional Engineers and Land Surveyors › Article 4 - Miscellaneous › Section 472.4 - Disconnection of Telephone Service

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) If, upon investigation, the Executive
				Officer has cause to believe that an unlicensed individual acting in the
				capacity of a professional engineer or a professional land surveyor, who is not
				otherwise exempted from the provisions of the Professional Engineers Act or the
				Professional Land Surveyors' Act, has violated Sections
				6787 or
				8792 of the Code by advertising
				with respect to the offering or performance of services, without being properly
				licensed, the Executive Officer may issue a citation under Section
				472 containing an order of
				abatement which requires the cited person to both cease the unlawful
				advertising and notify the telephone company furnishing services to the cited
				person to disconnect the telephone services furnished to any telephone number
				contained in the unlawful advertising, and that subsequent calls to that number
				shall not be referred by the telephone company to any new telephone number
				obtained by that person. The cited person shall provide written evidence of
				compliance to the Executive Officer.
(b) If the cited person fails to comply with
				an order of abatement as described in subsection (a) within the time allowed,
				the Executive Officer shall inform the Public Utilities Commission of the
				violation in accordance with Business and Professions Code section
				149.
1. New section
				  filed 8-16-95; operative 9-15-95 (Register 95, No. 33).
2. Change
				  without regulatory effect amending section and NOTE filed 4-19-99 pursuant to
				  section 100, title 1, California Code of
				  Regulations (Register 99, No. 17).
3. Amendment of section and NOTE
				  filed 12-23-99; operative 1-1-2000 pursuant to Government Code section
				  11343.4(d)
				  (Register 99, No. 52).
4. Amendment of subsection (a) and amendment
				  of NOTE filed 3-14-2017; operative 7-1-2017 (Register 2017, No.
				  11).
Note: Authority cited: Sections
					 125.9,
					 148,
					 149,
					 6716
					 and
					 8710,
					 Business and Professions Code. Reference: Sections
					 125.9,
					 148,
					 149,
					 6786,
					 6787,
					 8791
					 and
					 8792,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 5 - Board for Professional Engineers and Land Surveyors › Article 4 - Miscellaneous › Section 473 - Citations of Licensed Persons

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The Executive Officer or his or her
				designee may issue a citation for any violation of any provision of law
				enforced by the Board to any person who holds a license issued by the
				Board.
(b) Prior to the issuance of
				a citation in any case involving allegations of negligence and/or incompetence,
				as defined in Section
				404, in the professional practice,
				the Executive Officer shall submit the alleged violation for review to at least
				one licensee of the Board who is competent in the branch of professional
				engineering or professional land surveying most relevant to the subject matter
				of the citation. The licensee reviewing the alleged violation shall be either a
				member of the Board's professional staff, a technical advisory committee
				member, or an expert consultant. Upon conclusion of the review, the reviewer
				shall prepare a finding of fact and a recommendation based upon that finding to
				which the Executive Officer shall give due consideration in determining whether
				cause exists to issue a citation.
(c) Each citation
(1) shall be in writing;
(2) shall describe with particularity the
				nature of the violation, including specific reference to the provision or
				provisions of law determined to have been violated;
(3) may contain an assessment of an
				administrative fine, an order of abatement fixing a reasonable period of time
				for abatement of the violation, or both an administrative fine and an order of
				abatement;
(4) shall be served on
				the cited person at the address of record on file with the Board personally or
				by certified mail with return receipt requested;
(5) shall inform the cited person that
				failure to pay the fine within 30 calendar days of the date of assessment,
				unless the citation is being appealed, may result in disciplinary action being
				taken by the Board and may result in the full amount of the assessed fine being
				added to the fee for renewal of the license, in which case the license shall
				not be renewed without the payment of the renewal fee and fine;
(6) shall inform the cited person that, if he
				or she desires an informal conference to appeal the finding of a violation, the
				informal conference shall be requested by written notice to the Board within 30
				calendar days from the date of issuance of the citation;
(7) shall inform the cited person that, if he
				or she desires a hearing to appeal the finding of a violation, that hearing
				shall be requested by written notice to the Board within 30 calendar days from
				the date of issuance of the citation.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 5 - Board for Professional Engineers and Land Surveyors › Article 4 - Miscellaneous › Section 473.1 - Assessment of Administrative Fines

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) In no event shall the administrative fine
				be less than $50 or exceed $5,000 for each violation.
(b) In determining the amount of an
				administrative fine, the Executive Officer shall consider the following
				factors:
(1) The nature and severity of the
				violation;
(2) The good or bad
				faith exhibited by the cited person;
(3) The history of previous
				violations;
(4) The extent to which
				the cited person has cooperated with the Board and the Board's
				investigation;
(5) The extent to
				which the cited person has mitigated or attempted to mitigate any damage or
				injury caused by his or her violation;
(6) Any factors in extenuation or aggravation
				related to the violation;
(7) Other
				matters as may be appropriate.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 5 - Board for Professional Engineers and Land Surveyors › Article 4 - Miscellaneous › Section 473.3 - Compliance with Order

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) If
				a cited person who has been issued an order of abatement is unable to complete
				the correction within the time set forth in the citation because of conditions
				beyond his or her control after the exercise of reasonable diligence, then he
				or she may request from the Executive Officer an extension of time within which
				to complete the correction. Such a request shall be in writing and shall be
				made within the time set forth for abatement.
(b) Failure of the cited person to abate the
				violation or to pay all of the assessed fine within the time allowed is grounds
				for suspension or revocation of the cited person's license.
(c) If the cited person fails to pay all of
				the assessed fine within the time allowed, the balance due for the fine shall
				be added to the renewal fee for the license, and the license shall not be
				renewed until the fine is paid in full.
(d) If a hearing as provided in Section
				473.2(a) is not
				requested, payment of the fine shall not constitute an admission of the
				violation charged.
(e) Payment of
				the fine shall be represented as satisfactory resolution of the matter for
				purposes of public disclosure.
1. New section
				  filed 8-16-95; operative 9-15-95 (Register 95, No. 33).
2. Change
				  without regulatory effect amending section and NOTE filed 4-19-99 pursuant to
				  section 100, title 1, California Code of
				  Regulations (Register 99, No. 17).
3. Amendment of section heading,
				  section and NOTE filed 12-23-99; operative 1-1-2000 pursuant to Government Code
				  section
				  11343.4(d)
				  (Register 99, No. 52).
4. Amendment of section heading and
				  subsections (a)-(c) filed 3-14-2017; operative 7-1-2017 (Register 2017, No.
				  11).
Note: Authority cited: Sections
					 125.9,
					 6716
					 and
					 8710,
					 Business and Professions Code. Reference: Section
					 125.9,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 5 - Board for Professional Engineers and Land Surveyors › Article 4 - Miscellaneous › Section 473.4 - Disconnection of Telephone Service

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) If, upon investigation, the Executive
				Officer has cause to believe that a professional engineer or a professional
				land surveyor, who is not otherwise exempted from the provisions of the
				Professional Engineers Act or the Professional Land Surveyors' Act, has
				violated Sections
				6787 or
				8792 of the Code by advertising
				with respect to the offering or performance of services, without being properly
				licensed, the Executive Officer may issue a citation under Section
				473 containing an order of
				abatement which requires the cited person to both cease the unlawful
				advertising and notify the telephone company furnishing services to the cited
				person to disconnect the telephone services furnished to any telephone number
				contained in the unlawful advertising, and that subsequent calls to that number
				shall not be referred by the telephone company to any new telephone number
				obtained by that person. The cited person shall provide written evidence of
				compliance to the Executive Officer.
(b) If the cited person fails to comply with
				an order of abatement as described in subsection (a) within the time allowed,
				the Executive Officer shall inform the Public Utilities Commission of the
				violation in accordance with Business and Professions Code section
				149.
1. New section
				  filed 8-16-95; operative 9-15-95 (Register 95, No. 33).
2. Change
				  without regulatory effect amending subsection (a) and NOTE filed 4-19-99
				  pursuant to section
				  100, title 1, California Code of
				  Regulations (Register 99, No. 17).
3. Amendment of section and NOTE
				  filed 12-23-99; operative 1-1-2000 pursuant to Government Code section
				  11343.4(d)
				  (Register 99, No. 52).
4. Amendment of subsection (a) and amendment
				  of NOTE filed 3-14-2017; operative 7-1-2017 (Register 2017, No.
				  11).
Note: Authority cited: Sections
					 125.9,
					 148,
					 149,
					 6716,
					 and
					 8710,
					 Business and Professions Code. Reference: Sections
					 125.9,
					 148,
					 149,
					 6775,
					 6786,
					 8780
					 and
					 8791,
					 Business and Professions Code.