reglab/statecodes huggingface dataset:
Iowa Administrative Code › Agency 193C - Engineering and Land Surveying Examining Board › Chapter 3 - Application and Renewal Process › Rule 193C-3.2 - Application Components and Due Dates

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Fundamentals of Engineering examination.
Applications for the
			 Fundamentals of Engineering examination are submitted directly to the examination
			 service selected by the board to administer the examinations.
(2)
Fundamentals of Land Surveying
			 examination application components and due dates.
The components of this
			 application include: the completed application form, references pursuant to
			 193C-paragraph 5.1(5)
"b"
and transcripts. Fundamentals of Land
			 Surveying examination applications must be submitted to the board office.
			 Applications submitted by the first day of each month will be reviewed by the
			 board at the next regularly scheduled board meeting.
(3)
Principles and Practice of
			 Engineering examination application.
Principles and Practice of
			 Engineering examination applications are submitted directly to the examination
			 service selected by the board. Documentation of a qualifying degree will be
			 required prior to approval to sit for the examination.
(4)
Principles and Practice of Land
			 Surveying application components and due dates.
Principles and Practice
			 of Land Surveying examination applications are submitted to the board office.
			 Application files with all components submitted to the board office by the first
			 day of each month will be reviewed at the next regularly scheduled board meeting.
a. The examination application file includes
			 the following components:
(1) The completed
			 online application form.
(2) The
			 required number of references.
(3)
			 The project statement.
(4) The ethics
			 questionnaire.
Iowa Administrative Code › Agency 193C - Engineering and Land Surveying Examining Board › Chapter 3 - Application and Renewal Process › Rule 193C-3.3 - Comity Applications

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The components of
			 a comity application include the completed application form, the ethics
			 questionnaire, references, transcripts, and verification of examinations, as
			 appropriate. Comity applicants may submit the NCEES record in lieu of providing
			 references, verifications, transcripts, and employment history. Since the
			 verification of examination records must, in most cases, be sent directly from
			 the jurisdiction where the applicant took the Fundamentals of Engineering and
			 Principles and Practice Engineering examinations, the applicant should contact
			 the other jurisdiction in advance of submitting the application to request this
			 verification and make every effort to have the verification sent to the board at
			 the time that the application is submitted. Likewise, for transcripts the
			 applicant should contact the university in advance of submitting the application
			 to make every effort to have the transcripts transmitted to the board at the time
			 that the application is submitted.
(2) Comity applications will be reviewed as
			 they are completed. Comity applications will not be reviewed until all components
			 have been received.
(3) Comity
			 applicants will be notified in writing via regular mail or email regarding the
			 results of the review of their applications.
(4) Temporary license. The board does not issue
			 temporary licenses, except as provided for in rule 193C-5.3 (542B,272C).
Iowa Administrative Code › Agency 193C - Engineering and Land Surveying Examining Board › Chapter 3 - Application and Renewal Process › Rule 193C-3.4 - Renewal Applications

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Expiration dates.
Certificates of licensure expire biennially on
			 December 31. Certificates that were initially issued in even-numbered years
			 expire in odd-numbered years and certificates that were initially issued in
			 odd-numbered years expire in even-numbered years. In order to maintain
			 authorization to practice engineering or land surveying in Iowa, licensees must
			 renew their certificates of licensure on or prior to the expiration date. A
			 licensee who fails to renew prior to the date the certificate expires is not
			 authorized to practice in Iowa unless the certificate is reinstated as provided
			 in these rules. However, the board will accept an otherwise sufficient renewal
			 application that is untimely if the board receives the application and late fee
			 within 30 days of the date of expiration.
(2)
Renewal notification.
The
			 board typically mails a renewal notification to a licensee's last-known address
			 at least one month prior to the license expiration date. Neither the board's
			 failure to mail a renewal notification nor the licensee's failure to receive a
			 renewal notification affects in any way the licensee's duty to timely renew if
			 the licensee intends to continue practicing in Iowa. Licensees need to contact
			 the board office if they do not receive a renewal notification prior to the
			 expiration date.
(3)
Renewal
			 process.
Upon receipt of a timely and sufficient renewal application,
			 with the proper fee, the board's executive secretary will issue a new license
			 reflecting the next expiration date, unless grounds exist for denial of the
			 application.
(4)
Notification
			 of expiration.
The board will notify licensees whose certificates of
			 licensure have expired. The failure of the board to provide this courtesy
			 notification, or the failure of the licensee to receive the courtesy
			 notification, does not extend the date of expiration.
(5)
Sanction for practicing after
			 license expiration.
A licensee who continues to practice in Iowa after
			 the license has expired is subject to disciplinary action. Such unauthorized
			 activity may also provide grounds to deny a licensee's application to
			 reinstate.
(6)
Timely and
			 sufficient renewal application.
Within the meaning of Iowa Code section
			 17A.18(2), a timely and sufficient renewal application shall be:
a. Received by the board through the online
			 renewal process;
b. Fully completed;
			 and
c. Accompanied by the proper fee.
			 The fee is deemed improper if, for instance, the amount is incorrect, the fee was
			 not included with the application, the credit card number provided by the
			 applicant is incorrect, the date of expiration of a credit card is left off the
			 application or is incorrect, the attempted credit card transaction is rejected,
			 or the applicant's check is returned for insufficient funds.
Iowa Administrative Code › Agency 193C - Engineering and Land Surveying Examining Board › Chapter 3 - Application and Renewal Process › Rule 193C-3.5 - Reinstatement of Licensure

Current through Register Vol. 47, No. 3, July 24, 2024
(1) To reinstate a
			 license that has lapsed for one year or more, the applicant for reinstatement
			 must pay the fee under rule 193C-2.1 (542B) and satisfy one of the following:
a. Provide documentation of 45 professional
			 development hours achieved within the current and previous biennium (dual
			 licensees must provide documentation of 30 professional development hours for
			 each profession); or
b. Successfully
			 complete the principles and practice examination within one year immediately
			 prior to application for reinstatement; or
c. For an applicant for reinstatement who is an
			 out-of-state resident, submit a statement from the resident state's licensing
			 board as documented evidence of compliance with the resident state's mandatory
			 continuing education during the period that the licensee's Iowa license was
			 lapsed. An applicant for reinstatement whose resident state has no mandatory
			 continuing education shall comply with the documented evidence as outlined in
			 this subrule and at 193C-subrule 7.8(2).
Iowa Administrative Code › Agency 193C - Engineering and Land Surveying Examining Board › Chapter 4 - Engineering Licensure › Rule 193C-4.1 - Licensure by Examination

Current through Register Vol. 47, No. 3, July 24, 2024
The board will issue initial licensure only when an applicant
				satisfies the provisions of Iowa Code section 542B.14 as follows:
(1) An applicant is eligible for the Engineer
			 in Training certificate by meeting one of the following educational standards:
a. The applicant graduates from an engineering
			 program of four years or more with an Accreditation Board of Engineering and
			 Technology/Engineering Accreditation Commission (ABET/EAC)- or Canadian
			 Engineering Accreditation Board (CEAB)-accredited curriculum. An engineering
			 technology curriculum does not constitute an engineering program of four years or
			 more.
b. After graduation from a
			 nonaccredited engineering program of four years or more as described above, the
			 applicant will complete one extra year of practical experience satisfactory to
			 the board, verified by a professional engineer (PE) supervisory
			 reference.
c. The applicant graduates
			 with a master's degree in engineering from an institution in the United States of
			 America that offers an accredited bachelor's degree in the same curriculum. The
			 master's degree or a doctor of philosophy degree candidate must fulfill the
			 requirements for the bachelor's degree in the same area of
			 specialization.
d. An applicant with
			 a master's degree or a doctor of philosophy degree in engineering from an
			 institution in the United States of America that does not offer an accredited
			 bachelor's degree in the same curriculum will be required to have an additional
			 year of qualifying experience obtained after receipt of the qualifying degree.
			 Applicants using a master's degree or a doctor of philosophy degree as the
			 qualifying degree may not also use the master's degree or a doctor of philosophy
			 degree for qualifying experience credit or as an exemption for the Fundamentals
			 of Engineering examination (FE exam).
Iowa Administrative Code › Agency 193C - Engineering and Land Surveying Examining Board › Chapter 4 - Engineering Licensure › Rule 193C-4.2 - Requirements for Licensure by Comity

Current through Register Vol. 47, No. 3, July 24, 2024
A person holding a certificate of licensure to engage in the
				practice of engineering issued by a proper authority of a jurisdiction or
				possession of the United States, the District of Columbia, or any foreign
				country, based on requirements that do not conflict with the provisions of Iowa
				Code section 542B.14 and who has met standards determined by the board to be
				substantially equivalent to those required of applicants for initial licensure in
				this state may, upon application, be licensed without further examination. Comity
				applicants are governed by the same standards as are required of applicants for
				initial licensure in Iowa.
(1)
References.
An applicant for licensure by comity shall submit
			 references on forms provided by the board to verify satisfactory engineering
			 experience, as provided in paragraph 4.1(4)
"a."
(2)
Basis for evaluation of
			 applications.
Applications for licensure by comity will be evaluated on
			 the following basis:
a. The applicant's record
			 of education, references, practical experience, and successful completion of
			 approved examinations will be reviewed to determine if it currently satisfies the
			 substantive requirements of Iowa Code section 542B.14. In reviewing the
			 education, references, and practical experience of comity applicants, the board
			 will use the same criteria used by the board to determine the eligibility of a
			 candidate for the Principles and Practice of Engineering examination;
			 or
b. The applicant's licensure in a
			 jurisdiction other than Iowa will be reviewed to determine if it was granted only
			 after satisfaction of requirements substantially equivalent to those that are
			 required of applicants for initial licensure in Iowa under Iowa Code section
			 542B.14. When determining whether the licensing standards satisfied by a comity
			 applicant are substantially equivalent to those required in Iowa, the board
			 considers each of the four licensing prerequisites in Iowa Code section
			 542B.14(1)  individually. The licensing standards are satisfied by the comity
			 applicant if the standards are equal or superior to those required in Iowa for
			 education, fundamentals examination, experience, and professional examination.
			 Unless expressly stated in this chapter, the board will not consider an
			 applicant's superior satisfaction of one licensing prerequisite, such as a higher
			 level of education than is required in Iowa, as resolving an applicant's lack of
			 compliance with another prerequisite, such as professional
			 examination.
Iowa Administrative Code › Agency 193C - Engineering and Land Surveying Examining Board › Chapter 4 - Engineering Licensure › Rule 193C-4.3 - Requirements for a Licensee Requesting Additional Examination

Current through Register Vol. 47, No. 3, July 24, 2024
A person holding an active certificate of licensure to engage in
				the practice of engineering issued by the state of Iowa may, upon written request
				and payment of the application and examination fees, take additional examinations
				in other branches of engineering without submitting a formal application to the
				board as described for initial or comity licensure.
Iowa Administrative Code › Agency 193C - Engineering and Land Surveying Examining Board › Chapter 5 - Land Surveying Licensure › Rule 193C-5.1 - Requirements for Licensure by Examination

Current through Register Vol. 47, No. 3, July 24, 2024
The specific requirements for initial licensing in Iowa are
				established in Iowa Code section 542B.14, and it is the board's intention to
				issue initial licensure only when those requirements are satisfied
				chronologically as set forth in the statute.
(1) The applicant for initial licensure in Iowa
			 must satisfy the education plus experience requirements stated in Iowa Code
			 section 542B.14
"b"
(1). The chart in subrule 5.1(8) details
			 education-based experience requirements. If the applicant's degree is not in
			 surveying, surveying technology, engineering, or engineering technology, the
			 applicant must have taken a minimum of nine credit hours in mathematics, of which
			 at least one course must include trigonometry in its coursework, and may include
			 college algebra, trigonometry, analytic geometry, differential and integral
			 calculus, linear algebra, numerical analysis, probability and statistics, and
			 advanced calculus; and a minimum of nine credit hours in basic sciences, which
			 must cover one or more of the following topics: general chemistry, advanced
			 chemistry, biology, geology, ecology, meteorology, astronomy, forestry, general
			 physics, advanced physics, or land surveying, for the applicant's degree to be a
			 qualifying degree.
a. Internet or online
			 degrees will only be considered as qualifying degrees if the institution issuing
			 the degree is accredited by a recognized accreditation board or the degree is
			 evaluated as substantially equivalent to that of an accredited program by the
			 National Council of Examiners for Engineering and Surveying (NCEES). The board
			 may accept evaluations from other recognized foreign credential evaluators
			 satisfactory to the board. Initiating the evaluation and the expense of the
			 evaluation are the responsibilities of the applicant. Each evaluation shall be
			 sent directly to the board from the evaluation service and shall include a copy
			 of the transcript in the form sent to the evaluation service directly from the
			 educational institution.
b. Internet
			 or online degrees will only be considered as qualifying degrees if the
			 institution issuing the degree is accredited by a recognized accreditation
			 board.
Iowa Administrative Code › Agency 193C - Engineering and Land Surveying Examining Board › Chapter 5 - Land Surveying Licensure › Rule 193C-5.2 - Requirements for Licensure by Comity

Current through Register Vol. 47, No. 3, July 24, 2024
A person holding a certificate of licensure to engage in the
				practice of land surveying issued by a proper authority of a jurisdiction or
				possession of the United States, the District of Columbia, or any foreign
				country, based on requirements that do not conflict with the provisions of Iowa
				Code section 542B.14 and of a standard not lower than that specified in the
				applicable licensure Act, may, upon application and successful completion of the
				Iowa State Specific Land Surveying examination, be licensed without further
				examination. Comity applicants are governed by the same standards as are required
				of Iowa applicants.
(1)
References.
An applicant for licensure by comity shall submit
			 one or more professional land surveyor references on forms provided by the board
			 to verify the number of years of satisfactory experience required with the
			 applicant's level of education. The board reserves the right to contact employers
			 for information about the applicant's professional experience and
			 competence.
(2)
Comity
			 application process.
a. The applicant
			 will provide proof of active land surveying licensure in another jurisdiction and
			 be in good standing with that jurisdiction's licensing authority.
b. The applicant for licensure by comity from a
			 jurisdiction other than Iowa will satisfy the education and experience
			 requirements as set forth in Iowa Code section 542B.14 and rule 193C-5.1 (542B)
			 for licensure by examination.
c. The
			 applicant needs to successfully complete the Fundamentals of Land Surveying
			 examination.
d. The applicant needs
			 to successfully complete the Principles and Practice of Land Surveying
			 examination.
While the board will consider evidence presented by a comity
				applicant on non-NCEES examinations successfully completed in a foreign country,
				the non-NCEES examination will be compared with the appropriate NCEES
				examination. A non-NCEES professional examination, for instance, must be designed
				to determine whether a candidate is minimally competent to practice professional
				land surveying. The examination must be written, objectively graded, verifiable,
				and developed and validated in accordance with the testing standards of the
				American Psychological Association or equivalent testing standards. Free-form
				essays and oral interviews are not equal or superior to NCEES examinations for
				reasons including the subjective nature of such procedures, lack of verifiable
				grading standards, and heightened risk of inconsistent
				treatment.
e. The applicant
			 must successfully complete an Iowa State Specific Land Surveying examination
			 administered by the board.
Iowa Administrative Code › Agency 193C - Engineering and Land Surveying Examining Board › Chapter 5 - Land Surveying Licensure › Rule 193C-5.3 - Licensure by Verification

Current through Register Vol. 47, No. 3, July 24, 2024
In addition to the requirements of rule 193-14.4 (272C),
				professional land surveying candidates applying for an Iowa license by
				verification must pass the Iowa State Specific Land Surveying examination prior
				to being issued a license. The board will issue a temporary license that is valid
				for a period of three months to professional land surveying candidates who have
				not yet passed the Iowa State Specific Land Surveying examination prior to their
				application. The professional land surveying candidate may request one renewal of
				the temporary license for an additional period of three months.
This rule is intended to implement Iowa Code section
				272C.12.
Iowa Administrative Code › Agency 193C - Engineering and Land Surveying Examining Board › Chapter 7 - Professional Development › Rule 193C-7.2 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
As used in these rules, the following definitions apply:
"College or unit semester or quarter hour"
means
				the unit of credit given for advanced technical and graduate courses from
				universities with programs accredited by the Engineering Accreditation Commission
				of the Accreditation Board for Engineering and Technology, Inc. or other related
				college course qualified in accordance with this chapter.
"Continuing education"
means education obtained
				by a licensee in order to maintain, improve, or expand skills and knowledge
				obtained prior to initial licensure or to develop new and relevant skills and
				knowledge.
"Continuing education unit (CEU)"
means the unit
				of credit customarily granted for continuing education courses. One continuing
				education unit is given for ten hours of class in an approved continuing
				education course.
"Course or activity"
means any qualifying course
				or activity with a clear purpose and objective that will maintain, improve, or
				expand the skills and knowledge relevant to the licensee's field of
				practice.
"Independent study"
means any course or activity
				in which there is no real-time interaction between the training provider and the
				licensee, such as courses offered on the Internet.
"Professional development hour"
or
"PDH"
means a contact hour of instruction or presentation and is
				the common denominator for other units of credit.
Iowa Administrative Code › Agency 193C - Engineering and Land Surveying Examining Board › Chapter 7 - Professional Development › Rule 193C-7.3 - Professional Development Hours

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Allowable
			 activities.
Licensees may earn professional development hours by
			 participating in a variety of activities. The following is a list of allowable
			 activities and is not all-inclusive:
a.
			 Successful completion of college courses;
b. Successful completion of continuing
			 education courses;
c. Successful
			 completion of correspondence, televised, videotaped, and other short courses or
			 tutorials;
d. Successful completion
			 of courses online via the Internet;
e. Active participation in seminars, in-house
			 courses, workshops, technical committees of professional engineering
			 organizations, and professional conventions;
f. Teaching or instructing in the activities
			 set forth above if such teaching or instruction is outside of the licensee's
			 regular employment duties and if the licensee can document that such teaching
			 activity or instruction was newly developed and presented for the first
			 time;
g. Authoring published papers,
			 articles or books;
h. Obtaining
			 patents;
i. Attendance at online
			 video courses;
j. Participation on an
			 NCEES examination development committee;
k. Attendance at engineering college graduate
			 research seminars.
All of the allowable activities listed above must adhere to this
				chapter to be accepted by the board.
Iowa Administrative Code › Agency 193C - Engineering and Land Surveying Examining Board › Chapter 7 - Professional Development › Rule 193C-7.5 - Biennial Requirement

Current through Register Vol. 47, No. 3, July 24, 2024
The biennial requirement may only be satisfied during the
				biennium prior to licensure renewal except for the carryover permitted.
(1) Completion of 30 professional development
			 hours, including at least 2 professional development hours in the area of
			 professional ethics, satisfies the continuing education necessary for biennial
			 licensure renewal in engineering or land surveying. Completion of 40 professional
			 development hours, including 20 professional development hours in engineering and
			 20 professional development hours in land surveying and at least 4 professional
			 development hours in the area of professional ethics, satisfies the continuing
			 education necessary for biennial licensure renewal for individuals actively
			 licensed in both engineering and land surveying. Up to 15 professional
			 development hours may be carried forward only into the next biennium. For
			 individuals actively licensed in both engineering and land surveying, up to 10
			 professional development hours for each profession may be carried forward only
			 into the next biennium.
(2) Inactive
			 licensees are exempt from the continuing education requirements.
(3) A licensee who is active in one profession
			 and inactive in another is obligated to meet the continuing education
			 requirements for licensure in the profession in which active licensure is
			 maintained.
(4) A new licensee is
			 obligated to satisfy one-half of the biennial continuing education requirement at
			 the first renewal following initial licensure. Professional engineers and
			 professional land surveyors licensed by comity are not new licensees and are not
			 eligible for the one-half continuing education requirement.
Iowa Administrative Code › Agency 193C - Engineering and Land Surveying Examining Board › Chapter 7 - Professional Development › Rule 193C-7.6 - Exemptions

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The continuing education requirements may
			 be reduced in proportion to the following:
a.
			 Periods of time that the licensee serves honorably on active duty in the military
			 services;
b. Periods of time that the
			 licensee is licensed in and a resident of another state or district having
			 continuing education requirements for professional engineering or land surveying
			 and meets all requirements of that state or district for practice
			 therein;
c. Periods of time that the
			 licensee is a government employee working as a professional engineer or
			 professional land surveyor and assigned to duty outside the United States;
			 or
d. Documented periods of the
			 licensee's active practice and absence from the United States that are approved
			 by the board.
Iowa Administrative Code › Agency 193C - Engineering and Land Surveying Examining Board › Chapter 7 - Professional Development › Rule 193C-7.7 - Hardships or Extenuating Circumstances

Current through Register Vol. 47, No. 3, July 24, 2024
Upon a written request to the board, the board may, in individual
				cases involving hardship or extenuating circumstances, grant waivers of the
				continuing education requirements for a period of time not to exceed one
				year.
Iowa Administrative Code › Agency 193C - Engineering and Land Surveying Examining Board › Chapter 7 - Professional Development › Rule 193C-7.8 - Reports, Records, and Compliance Review

Current through Register Vol. 47, No. 3, July 24, 2024
At the time of application for license renewal, each licensee
				reports, on a form provided by the board, the number of professional development
				hours achieved during the preceding biennium.
(1)
Recordkeeping.
Maintaining
			 records to be used to support professional development hours claimed is the
			 responsibility of the licensee. It is recommended that each licensee keep a log
			 showing the type of activity claimed, sponsoring organization, location,
			 duration, instructor's or speaker's name, and PDH credits earned. The licensee is
			 obligated to maintain documentation of reported PDHs for two years after the
			 period for which the form was submitted.
(2)
Compliance review.
The
			 board may select licensees for review of compliance with continuing education on
			 a random basis or upon receiving information regarding noncompliance and will
			 review compliance with continuing education for reinstatement of lapsed or
			 inactive licenses. Each licensed board member is audited for PDH compliance for a
			 biennium that is within each member's respective three-year appointment term. For
			 each PDH claimed, licensees chosen for compliance review will furnish:
a. Proof of attendance. Attendance verification
			 records in the form of completion certificates, or other documents supporting
			 evidence of attendance;
b.
			 Verification of the hours claimed; and
c. Information about the course
			 content.
Iowa Administrative Code › Agency 193C - Engineering and Land Surveying Examining Board › Chapter 8 - Professional Conduct of Licensees › Rule 193C-8.1 - General Statement

Current through Register Vol. 47, No. 3, July 24, 2024
In order to establish and maintain a high standard of integrity,
				skills and practice in the professions of engineering and land surveying, and to
				safeguard the life, health, property and welfare of the public, the following
				code of professional conduct is binding upon every person holding a certificate
				of licensure as a professional engineer or professional land surveyor in this
				state. The code of professional conduct is an exercise of the police power vested
				in the board by the Acts of the legislature.
Iowa Administrative Code › Agency 193C - Engineering and Land Surveying Examining Board › Chapter 8 - Professional Conduct of Licensees › Rule 193C-8.3 - Reporting of Acts or Omissions

Current through Register Vol. 47, No. 3, July 24, 2024
Licensees shall report acts or omissions by a licensee that
				constitute negligence or carelessness. For the purposes of these rules,
				"negligence or carelessness" means demonstrating unreasonable lack of skill in
				the performance of engineering or land surveying services by failure of a
				licensee to maintain a reasonable standard of care in the licensee's practice of
				engineering or land surveying. In the evaluation of reported acts or omissions,
				the board determines if the engineer or land surveyor has applied learning, skill
				and ability in a manner consistent with the standards of the professions
				ordinarily possessed and practiced in the same profession at the same time.
				Standards referred to in the immediately preceding sentence shall include any
				minimum standards adopted by this board and any standards adopted by recognized
				national or state engineering or land surveying organizations.
Iowa Administrative Code › Agency 193C - Engineering and Land Surveying Examining Board › Chapter 8 - Professional Conduct of Licensees › Rule 193C-8.4 - Standards of Integrity

Current through Register Vol. 47, No. 3, July 24, 2024
Licensees shall:
1.
			 Answer all questions of a duly constituted investigative body of the state of
			 Iowa concerning alleged violations by another person or firm.
2. Admit and accept their own errors and not
			 distort or alter the facts to justify their own decisions when proven
			 wrong.
3. Present information to the
			 engineering and land surveying examining board in writing and cooperate with the
			 board in furnishing further information or assistance required by the board, if a
			 licensee knows or has reason to believe that another person or firm may be in
			 violation of Iowa law or rules regarding ethics or conduct of professional
			 engineering or professional land surveying practice.
4. Licensees cannot assist in the application
			 of an individual they know is unqualified for licensure by reason of education,
			 experience or character.
Iowa Administrative Code › Agency 193C - Engineering and Land Surveying Examining Board › Chapter 8 - Professional Conduct of Licensees › Rule 193C-8.5 - Engineering and Land Surveying Services Offered by Business Entities

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Purpose of rule.
The
			 purpose of this rule is to protect the public from misleading or deceptive
			 advertising by business entities that hold themselves out to the public as
			 providing professional engineering or professional land surveying services and to
			 guard against the unlicensed practice of professional engineering or professional
			 land surveying by persons who are not properly licensed to perform such services
			 in the state of Iowa. This rule shall not be construed as restricting truthful
			 advertising by business entities that appropriately place professional engineers
			 or professional land surveyors in responsible charge of the professional services
			 offered to and performed for the public.
(2)
Definitions.
For purposes
			 of this rule, the following definitions apply:
"Business entity"
includes corporations,
				partnerships, limited liability companies, persons using fictitious or assumed
				names, or any other form of entity that may conduct business.
"In responsible charge"
means the same as
				defined in Iowa Code section 542B.2(6). Indications of being in responsible
				charge include:
1. Obtaining or setting
			 the project or service parameters or criteria.
2. Dictating the manner and methods by which
			 professional services are performed.
3. Establishing procedures for quality control
			 and authority over professional services in a manner that ensures that the
			 professional licensee is in control of the work and of all individuals performing
			 the work under the licensee's supervision.
4. Spending sufficient time directly performing
			 the work or directly supervising the work to ensure that the licensee is familiar
			 with all significant details of the work.
5. Maintaining familiarity with the
			 capabilities and methods of the persons performing professional services, and
			 providing adequate training for all persons working under the licensee's direct
			 supervision.
6. Sustaining readily
			 accessible contact with all persons performing professional services by direct
			 physical proximity, or as appropriate in the licensee's professional judgment, by
			 frequent communication, in clear and complete verbal and visual form, of
			 information about the work being performed.
7. Specifically pertaining to land surveying,
			 reviewing all field evidence and making all final decisions concerning the
			 placement of survey monuments and surveyed lines.
"Professional services"
includes professional
				engineering and professional land surveying services, as defined in Iowa Code
				sections 542B.2(5), 542B.2(8)  and 542B.27, as applicable to the fact situation at
				issue.
Iowa Administrative Code › Agency 193C - Engineering and Land Surveying Examining Board › Chapter 9 - Complaints, Investigations and Disciplinary Action › Rule 193C-9.1 - Complaints and Investigations

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Complaints.
The board, upon receipt of a complaint or upon its
			 own motion pursuant to other evidence received by the board, reviews and
			 investigates alleged acts or omissions that reasonably constitute cause under
			 applicable law or administrative rule for licensee discipline. Complaints may be
			 submitted to the board office via the board's website by members of the public,
			 including clients, business organizations, nonprofit organizations, governmental
			 bodies, licensees, or other individuals or entities with knowledge of possible
			 violations of laws or rules by licensees.
(2)
Form and content.
A
			 written complaint may be submitted on forms available from the board office and
			 on the board's website. The written complaint shall include the following
			 information:
a. The full name, address, and
			 telephone number of complainant.
b.
			 The full name, address, and telephone number of the individual against whom the
			 complaint is filed.
c. A statement of
			 the facts and circumstances giving rise to the complaint, including a description
			 of the alleged acts or omissions that the complainant believes demonstrate that
			 the respondent has violated or is violating laws or rules enforced by the
			 board.
d. Citation of the statutes
			 and administrative rules allegedly violated by the respondent.
e. Evidentiary supporting
			 documentation.
f. Steps, if any, that
			 have been taken by the complainant to resolve the dispute with the respondent
			 prior to the filing of the complaint.
Iowa Administrative Code › Agency 193C - Engineering and Land Surveying Examining Board › Chapter 9 - Complaints, Investigations and Disciplinary Action › Rule 193C-9.2 - Ruling on the Initial Inquiry

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Dismissal.
If a determination is made by the board that a
			 complaint is without grounds or merit, the complaint will be dismissed. A letter
			 of explanation concerning the decision of the board will be sent to the
			 respondent and the complainant.
(2)
Requirement of further inquiry.
If determination is made by the
			 board to order further inquiry, the complaint and initial recommendations will be
			 provided to the investigator(s) along with a statement specifying the information
			 deemed necessary.
(3)
Acceptance of the case.
If a determination is made by the board
			 to initiate disciplinary action, the board may enter into an informal settlement
			 or recommend formal disciplinary proceedings. The board's rules regarding
			 informal settlement are found in rule 193-7.4 (17A,272C).
This rule is intended to implement Iowa Code sections 542B.21,
				542B.22 and 272C.6.
Iowa Administrative Code › Agency 193C - Engineering and Land Surveying Examining Board › Chapter 9 - Complaints, Investigations and Disciplinary Action › Rule 193C-9.3 - Grounds for Discipline

Current through Register Vol. 47, No. 3, July 24, 2024
The board has authority pursuant to Iowa Code chapters 10A, 542B,
				17A and 272C to impose discipline for violations of those chapters and the rules
				promulgated thereunder and may initiate disciplinary action against a licensee
				holding an active, inactive or lapsed license on any of the grounds identified in
				Iowa Code section 542B.21.
(1) Fraud or
			 deceit in procuring or attempting to procure an initial, comity, renewal, or
			 reinstated license includes any intentional perversion of or reckless disregard
			 for the truth when an application, or information in support of another's
			 application, is submitted to the board, including:
a. False representation of a material fact,
			 whether by word or by conduct, by false or misleading allegation, or by
			 concealment of that which should have been disclosed.
b. Attempting to file or filing with the board
			 any false or forged record or document, such as a college transcript, diploma or
			 degree, examination report, verification of licensure, or continuing education
			 certificate.
c. Reporting
			 information, such as satisfaction of continuing education, in a false manner,
			 through overt deceit, or with reckless disregard for the truth or accuracy of the
			 information asserted.
d. Otherwise
			 participating in any form of fraud or misrepresentation by act or
			 omission.
Iowa Administrative Code › Agency 193C - Engineering and Land Surveying Examining Board › Chapter 9 - Complaints, Investigations and Disciplinary Action › Rule 193C-9.4 - Disciplinary Findings and Sanctions

Current through Register Vol. 47, No. 3, July 24, 2024
The board's decision may include one or more of the following
				findings or sanctions:
1. Exoneration of
			 respondent.
2. Revocation of
			 license.
3. Suspension of license
			 until further order of the board or for a specified period.
4. Nonrenewal of license.
5. Prohibition, until further order of the
			 board or for a specific period, of engaging in specified procedures, methods or
			 acts.
6. Probation.
7. Requirement of additional education or
			 training.
8. Requirement of
			 reexamination.
9. Issuance of a
			 reprimand.
10. Imposition of civil
			 penalties.
11. Issuance of citation
			 and warning.
12. Desk
			 review.
13. Other sanctions allowed
			 by law as may be appropriate.
Iowa Administrative Code › Agency 193C - Engineering and Land Surveying Examining Board › Chapter 9 - Complaints, Investigations and Disciplinary Action › Rule 193C-9.5 - Civil Penalties

Current through Register Vol. 47, No. 3, July 24, 2024
In addition to other disciplinary options, the board may assess
				civil penalties of up to $1,000 per violation against licensees who violate any
				provision of rule 193C-9.3 (10A,17A,272C,542B). Factors the board may consider
				when determining whether and in what amount to assess civil penalties
				include:
1. Whether other forms of
			 discipline are being imposed for the same violation.
2. Whether the amount imposed will be a
			 substantial economic deterrent to the violation.
3. The circumstances leading to the
			 violation.
4. The severity of the
			 violation and the risk of harm to the public.
5. The economic benefits gained by the licensee
			 as a result of the violation.
6. The
			 interest of the public.
7. Evidence
			 of reform or remedial action.
8. Time
			 elapsed since the violation occurred.
9. Whether the violation is a repeat offense
			 following a prior cautionary letter, disciplinary order, or other notice of the
			 nature of the infraction.
10. The
			 clarity of the issue involved.
11.
			 Whether the violation was willful and intentional.
12. Whether the licensee acted in bad
			 faith.
13. The extent to which the
			 licensee cooperated with the board.
14. Whether the licensee practiced professional
			 engineering or professional land surveying with a lapsed, inactive, suspended or
			 revoked license.
This rule is intended to implement Iowa Code section
				542B.22.
Iowa Administrative Code › Agency 193C - Engineering and Land Surveying Examining Board › Chapter 9 - Complaints, Investigations and Disciplinary Action › Rule 193C-9.6 - Publication of Decisions

Current through Register Vol. 47, No. 3, July 24, 2024
In addition to publication requirements found at 193-subrule
				7.30(3), the following notifications shall be issued:
1. Following suspension of a professional land
			 surveyor's license, notification must be issued to the county recorders and
			 county auditors of the county of residence and immediately adjacent counties in
			 Iowa.
2. Following revocation of a
			 professional land surveyor's license, notification must be mailed to all county
			 auditors in Iowa and the county recorders in the county of residence and
			 immediately adjacent counties in Iowa.
3. Following the suspension or revocation of
			 the license of a professional engineer or professional land surveyor,
			 notification is issued to other boards of examiners for engineers and land
			 surveyors under the jurisdiction of the government of the United States. This
			 notification may be made through the National Council of Examiners for
			 Engineering and Surveying or other national organizations recognized by the
			 board. In addition, if the licensee is known to be registered in another nation
			 in North America, the appropriate board(s) are notified of the action.
Iowa Administrative Code › Agency 193C - Engineering and Land Surveying Examining Board › Chapter 9 - Complaints, Investigations and Disciplinary Action › Rule 193C-9.7 - Disputes Between Licensees and Clients

Current through Register Vol. 47, No. 3, July 24, 2024
Reports from the insurance commissioner or other agencies on the
				results of judgments or settlements of disputes arising from malpractice claims
				or other actions between professional engineers or professional land surveyors
				and their clients may be referred to counsel or peer review committee. The
				counsel or peer review committee will investigate the report for violation of the
				statutes or rules governing the practice or conduct of the licensee. The counsel
				or peer review committee will advise the board of any probable violations or any
				further action required or recommend dismissal from further
				consideration.
Iowa Administrative Code › Agency 193C - Engineering and Land Surveying Examining Board › Chapter 9 - Complaints, Investigations and Disciplinary Action › Rule 193C-9.8 - Confidentiality of Complaint and Investigative Information

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
General provisions.
All complaint and investigative information
			 received or created by the board is privileged and confidential pursuant to Iowa
			 Code section 272C.6(4). Such information shall not be released to any person
			 except as provided in that section.
(2)
Disclosure to the subject of the
			 investigation.
a.
Legal
			 authority.
Pursuant to Iowa Code section 10A.506(9), the board may
			 supply to a licensee who is the subject of a disciplinary complaint or
			 investigation, prior to the initiation of a disciplinary proceeding, all or such
			 parts of a disciplinary complaint, disciplinary or investigatory file, report, or
			 other information as the board in its sole discretion believes would aid the
			 investigation or resolution of the matter.
b.
General rule.
As a matter
			 of general policy, the board will not disclose confidential complaint and
			 investigative information to a licensee except as permitted by Iowa Code section
			 272C.6(4). Disclosure of a complainant's identity in advance of the filing of
			 formal disciplinary charges, for instance, may adversely affect a complainant's
			 willingness to file a complaint with the board.
c.
Exceptions to general rule.
The board may exercise its discretion to release information to a licensee that
			 would otherwise be confidential under Iowa Code section 272C.6(4)  under narrow
			 circumstances, including but not limited to the following:
(1) Following a board determination that
			 probable cause exists to file disciplinary charges against a licensee and prior
			 to the issuance of the notice of hearing, the board may provide the licensee with
			 a peer review or investigative report or expert opinions as reasonably needed for
			 the licensee to assess the merits of a settlement proposal.
(2) The board may release to a licensee who is
			 the subject of a board-initiated investigation, including those initiated
			 following the board's receipt of an anonymous complaint, such records or
			 information as may aid the investigation or resolution of the matter.
(3) The board may release information from a
			 peer review or consultant's report when soliciting the licensee's position will
			 aid in making the probable cause determination and such disclosure can be made to
			 the licensee without revealing identifying information regarding the complainant,
			 peer reviewer or consultant.