reglab/statecodes huggingface dataset:
Code of Massachusetts Regulations › 250 CMR - BOARD OF REGISTRATION OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS › Title 250 CMR 2.00 - General Provisions, Board Procedures and Definitions › Section 2.01 - Authority

Current through Register 1525, July 5, 2024
250 CMR is an exercise of the police power vested in the Board by virtue of the following General Laws: M.G.L. c. 13, §§ 45 and 46; c. 112, §§ 81D through 81T; c. 143, § 54A, St. 1970, c. 707, §§ 1 through 12; c. 282; c. 707, §§ 13 through 15, St. 1971, c. 1099; St. 1972 c. 684; St. 1975, c. 545 and 588; St. 1979, c. 897.
Code of Massachusetts Regulations › 250 CMR - BOARD OF REGISTRATION OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS › Title 250 CMR 2.00 - General Provisions, Board Procedures and Definitions › Section 2.02 - Purpose

Current through Register 1525, July 5, 2024
The purpose of 250 CMR is to protect the public health, safety, and welfare by establishing requirements and procedures for registration of Professional Engineers and Professional Land Surveyors, prescribing standards of professional conduct to be followed by such engineers and land surveyors, and assure the proper performance of the duties of the Massachusetts Board of Registration of Professional Engineers and Professional Land Surveyors.
Code of Massachusetts Regulations › 250 CMR - BOARD OF REGISTRATION OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS › Title 250 CMR 2.00 - General Provisions, Board Procedures and Definitions › Section 2.03 - Applicability

Current through Register 1525, July 5, 2024
All persons registered under the provisions of M.G.L. c. 112, §§ 81D through 81T shall have knowledge of and comply with the provisions of 250 CMR and all laws governing the Practice of Engineering or Practice of Land Surveying.
Where 250 CMR applies, no other agency may waive or otherwise modify its provisions except to the extent provided by law.
Code of Massachusetts Regulations › 250 CMR - BOARD OF REGISTRATION OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS › Title 250 CMR 2.00 - General Provisions, Board Procedures and Definitions › Section 2.04 - The Board of Registration

Current through Register 1525, July 5, 2024
(1)
Organization
. The organization of the Board is governed by the provisions of M.G.L. c. 13, §45.
(2)
Board Proceedings
.
(a)
Meetings
.
1. The Board shall hold at least two regular meetings each year, and may hold special meetings at such times and places as the Board may decide.
2. Notice of regular and special meeting dates, times and places must be given to the extent required by M.G.L. c 30A, §§ 18 through 25.
3. All meetings of the Board are open to the public to the extent required by M.G.L. c. 30A, §§ 18 through 25.
Code of Massachusetts Regulations › 250 CMR - BOARD OF REGISTRATION OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS › Title 250 CMR 2.00 - General Provisions, Board Procedures and Definitions › Section 2.05 - Petitions for Adoption, Amendment or Repeal of Regulations

Current through Register 1525, July 5, 2024
(1) Any interested person or his or her attorney may at any time petition the Board to adopt, amend, or repeal any regulation. The petition shall be addressed to the Board and sent by mail or delivered in person during normal business hours. All petitions shall be signed by the petitioner or his or her attorney, contain his or her address or the address of his or her attorney, and set forth clearly and concisely the text of the proposed regulation. The petition may be accompanied by any supporting data, views or arguments.
(2) Upon receipt of a petition for the adoption, amendment or repeal of a regulation or upon written recommendation by a member of the Board that a regulation be adopted, amended or repealed, the Board shall consider the petition or recommendation, thereupon, determine whether to schedule the petition or recommendation for further proceedings in accordance with M.G.L. c. 30A, §§ 2 through 6. If the regulation has been presented to the Board by petition, the Board shall notify the petitioner of the Board's action.
(3) During the meeting when the petition or recommendation is considered, the Board may, but shall not be required to, entertain comments or questions from members of the public in attendance. The chairman or other presiding officer may at any time terminate participation by the public.
(4) The Board shall review its regulations on a regular basis.
Code of Massachusetts Regulations › 250 CMR - BOARD OF REGISTRATION OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS › Title 250 CMR 2.00 - General Provisions, Board Procedures and Definitions › Section 2.06 - Emergency Regulations

Current through Register 1525, July 5, 2024
If the Board finds that the immediate adoption, amendment or repeal of a regulation is necessary for the public health, safety or general welfare, and that observance of requirements of notice and public hearing would be contrary to the public interest, the Board may dispense with such requirements and adopt the regulation as an emergency regulation in accordance with M.G.L. c. 30A, § 2.
Code of Massachusetts Regulations › 250 CMR - BOARD OF REGISTRATION OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS › Title 250 CMR 2.00 - General Provisions, Board Procedures and Definitions › Section 2.07 - Advisory Rulings

Current through Register 1525, July 5, 2024
Any interested person or his or her attorney may at any time request an Advisory Ruling with respect to the applicability to any person, property or factual situation of any statute or regulation enforced or administered by the Board.
The request shall be submitted in writing to the Board. All requests shall be signed by the person making it or their attorney, contain their address or the address of their attorney, and state clearly and concisely the substance or nature of the request. The request may be accompanied by any supporting data, views or arguments.
Code of Massachusetts Regulations › 250 CMR - BOARD OF REGISTRATION OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS › Title 250 CMR 2.00 - General Provisions, Board Procedures and Definitions › Section 2.08 - Policies

Current through Register 1525, July 5, 2024
The Board may draft and adopt policies as an internal management tool for formulating decisions that relate to the Practice of Engineering and Practice of Land Surveying. As such, these policies do not have the full force and effect of law, but rather provide guidance for Registrants.
Code of Massachusetts Regulations › 250 CMR - BOARD OF REGISTRATION OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS › Title 250 CMR 2.00 - General Provisions, Board Procedures and Definitions › Section 2.10 - Severability

Current through Register 1525, July 5, 2024
If any section of 250 CMR promulgated under the provisions of the applicable General Laws governing the Massachusetts Board of Registration of Professional Engineers and Professional Land Surveyors are found by the courts to be invalid for any reason, it is the intention of the Board that all of the remaining sections of 250 CMR shall continue in full force and effect. Each regulation, and/or any portion thereof, is declared to be severable.
Code of Massachusetts Regulations › 250 CMR - BOARD OF REGISTRATION OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS › Title 250 CMR 3.00 - The Registration Process › Section 3.01 - Registration Requirements

Current through Register 1525, July 5, 2024
(1) Applicants for registration are charged with having knowledge of M.G.L. c. 112, § 81D through § 8 1T and 250 CMR.
(2) The registration process is based upon different Application Classifications, each of which has specific education and Work Experience requirements. The classification details are summarized in 250 CMR 3.04(4):
Tables I
and
//
.
(3) Each person applying to be registered in the Commonwealth as a Professional Engineer or Professional Land Surveyor must first have taken and passed the NCEES sanctioned FE Exam or the NCEES sanctioned FS Exam, with the exception of applicants under classification (e) as described in 250 CMR 3.04(4):
Tables I
and
//
.
(4) In the event that an individual does not pass the FE or FS Exams, the exam may be retaken as allowed by NCEES and the Board, upon notification of the Board and payment of the required fees.
(5) The Board will notify individuals of their exam results. The Board will issue Engineer-in-training certificates or Surveyor-in-training certificates to those individuals that are in compliance with 250 CMR 3.10.
(6) Before submitting an application for registration, the applicant must obtain the Work Experience and education required for a given Application Classification. Work Experience obtained after the date the application was submitted is not included in determination of experience.
(7) Once the Board has reviewed the applicant's education, Work Experience, character and experience references, college transcripts and documentation, the Board may schedule the engineering applicant for an interview; and the Board shall schedule all land surveying applicants for the mandatory oral exam. Once the Board has determined that all applicable statutory requirements have been met, the applicant will be scheduled to sit for the applicable written examinations.
(8) An application found to involve fraud, false statement(s) or misrepresentation(s) will be denied and action will be taken as prescribed in 250 CMR 7.00:
Enforcement and Discipline.
(9) An applicant shall be registered only after completing the following:
(a) meeting all the requirements of law;
(b) passing the required examinations;
(c) receiving notification from the Board; and
(d) paying the registration fee.
Upon completion, an applicant will be issued a License to practice as a Professional Engineer or a Professional Land Surveyor and is then authorized to use the title Professional Engineer or Professional Land Surveyor in compliance with 250 CMR.
Code of Massachusetts Regulations › 250 CMR - BOARD OF REGISTRATION OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS › Title 250 CMR 3.00 - The Registration Process › Section 3.02 - Application Form

Current through Register 1525, July 5, 2024
(1) An application for registration must be submitted using only current Board-approved forms obtained from the Board.
(2) An application will be rejected if it is submitted on an out-of-date form, is incomplete, or does not comply with the documentation requirements.
(3) A completed application form must be submitted in accordance with the application form instructions along with the required fees and supporting documentation.
(4) An applicant for registration as a Professional Engineer must submit at least five references, three of which must be from Professional Engineers familiar with the work of the applicant, and one of which must be the applicant's current supervisor.
(5) An applicant for registration as a Professional Land Surveyor must submit at least five references, three of which must be from Professional Land Surveyors familiar with the work of the applicant, and one of which must be the applicant's current supervisor.
(6) Collectively, the references shall address the applicant's entire period of qualifying Work Experience. A Board member or a member of the applicant's family may be a reference only when the reference has been in direct charge of an applicant's Work Experience.
Code of Massachusetts Regulations › 250 CMR - BOARD OF REGISTRATION OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS › Title 250 CMR 3.00 - The Registration Process › Section 3.03 - Application Review and Evaluation

Current through Register 1525, July 5, 2024
M.G.L. c. 112 obligates the Board to review and consider an applicant's education, performance on required examinations, relevant Work Experience, and references. The Board cannot process applications if an applicant is unable to submit sufficient supporting Evidence related to the foregoing.
(1) Each application must be reviewed and approved by at least two members of the Board. A denial of an application requires a majority vote of the Board.
(2) If the required Reference Questionnaires are not received by the Board within three months the applicant will be so advised. If not received within six months, the application will be rejected.
(3) If any deficiency in an application, including supplemental information requested by the Board, is not remedied within three months after notice of such deficiency is mailed to the applicant, the Board will act on the basis of the available information.
(4) Final Board action is based on the documented qualifications of the applicant.
(5) An application indicating that the applicant has been practicing engineering or surveying in violation of the law will be investigated and prosecuted if warranted.
(6) All application materials are maintained in compliance with the public records law. Samples of work included with application are destroyed after action by the Board.
(7) Applications that remain dormant for a period of three years or more will automatically lapse.
Code of Massachusetts Regulations › 250 CMR - BOARD OF REGISTRATION OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS › Title 250 CMR 3.00 - The Registration Process › Section 3.05 - Experience Evaluation

Current through Register 1525, July 5, 2024
(1) Acceptable Work Experience must be in work of a professional grade and character that indicates to the Board that the applicant is competent to practice engineering or land surveying.
(2) Acceptable Work Experience of a professional grade is evaluated on the basis of:
(a) Statutory Length as of date of application;
(b) Professional Level;
(c) Degree of Responsibility;
(d) Application of Technical Knowledge;
(e) Exercise of Judgment.
Code of Massachusetts Regulations › 250 CMR - BOARD OF REGISTRATION OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS › Title 250 CMR 3.00 - The Registration Process › Section 3.06 - Examinations and Interviews

Current through Register 1525, July 5, 2024
(1) The FE, FS, PE, and PS Exams are prepared by NCEES, with the exception of the state specific portion of the PS Exam which is prepared by the Board.
(2) The written portions of the engineering and surveying examinations are held at dates and times set by NCEES. Applicants will be notified of the examination date, time, and site.
(3) The FE and the FS Exams are examinations prepared by NCEES. The exams are graded and scored by NCEES and the passing score is approved by the Board.
(4) Admittance to the PE or PS Exams will not be allowed until the respective FE or FS Exam has been passed except under Application Classification 250 CMR 3.04(4):
Tables I
or
II
classification (e), and all other registration requirements have been met.
(5) The PE Exam is the Branch specific examination(s) prepared by NCEES. When the examination is comprised of multiple components, all components must be passed to become registered. Applicants seeking to become registered in a fundamental Branch of engineering recognized by the Board for which an NCEES exam is not offered may be allowed to take an NCEES examination in a related Branch as approved by the Board. The exams are graded and scored by NCEES and the passing score approved by the Board.
(6) The PS Exam consists of two components. The first component is the uniform PS Exam prepared and graded by NCEES. The second component of the PS Exam is the Massachusetts-specific jurisprudence prepared and graded by the Board. The passing grade for both components shall be approved by the Board. Applicants are required to take and pass both components to become registered as a Professional Land Surveyor.
(7) If an applicant takes and passes only part of a multiple component examination, the applicant will have five years to pass the remaining components. Thereafter, the entire exam must be retaken.
(8) An applicant who failed the PE or PS Exam or one of its components once may take it a second time upon paying the required fee.
An applicant who desires to retake the failed exam must make such request in writing after meeting the requirements in 250 CMR 3.06(8)(a) through (d):
(a) wait one year before retaking the exam;
(b) submit evidence satisfactory to the Board that the applicant has completed an educational program or obtained additional experience sufficient to improve their chances of passing the exam following the date of the most recent failed exam;
(c) sit for an oral exam if required by the Board; and
(d) satisfactorily update their application materials to reflect any changes since the date the original application was submitted.
Increasing amounts of education/experience may be required following each succeeding failed exam. An applicant with multiple failures may be notified by the Board that the application for registration will be denied if the applicant fails the exam one more time.
Code of Massachusetts Regulations › 250 CMR - BOARD OF REGISTRATION OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS › Title 250 CMR 3.00 - The Registration Process › Section 3.07 - Withdrawn, Rejected, Lapsed, and Denied Applications

Current through Register 1525, July 5, 2024
(1)
Withdrawn Applications
.
(a) To re-open a withdrawn application, an applicant shall submit a written request to the Board. Such request shall include at a minimum a statement of the reasons the applicant seeks to re-open the previously withdrawn application and associated documentation and documentation sufficient to update any part of the withdrawn application that is now out of date.
(b) When a request to re-open a withdrawn application is granted the Board may require the applicant to submit a new application with updated information. When a new application is required, any section on the new application that is unchanged from the withdrawn application may indicate "no change from [insert date of withdrawn application]"
(c) Re-opened applications will be considered in light of the current requirements for registration.
Code of Massachusetts Regulations › 250 CMR - BOARD OF REGISTRATION OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS › Title 250 CMR 3.00 - The Registration Process › Section 3.08 - Additional Branch Registrations

Current through Register 1525, July 5, 2024
If a Registrant wishes to be registered by the Board in an additional fundamental Branch, the Registrant will be required to demonstrate compliance with the current registration requirements for that Branch by submitting the appropriate application and passing the appropriate NCEES exam(s). Upon meeting such requirements, the Board shall issue the Registrant an additional registration number associated with that Branch.
Code of Massachusetts Regulations › 250 CMR - BOARD OF REGISTRATION OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS › Title 250 CMR 3.00 - The Registration Process › Section 3.09 - Temporary Permits

Current through Register 1525, July 5, 2024
Persons legally qualified by license/registration to practice in another Jurisdiction can practice in the state of Massachusetts under the provisions of M.G.L. c. 112, § 81R(b), and (c) pursuant to the following.
(1) A person who is not a Resident of Massachusetts and who does not have an established place of business in Massachusetts or who has become a Resident of Massachusetts within the last 12 months and who holds a current license/registration to practice in another state or Jurisdiction may apply for a Temporary Permit to practice in Massachusetts for not more than 30 consecutive calendar days annually, which permit can be used by the applicant when sealing Instruments of Service in Massachusetts. Said applicant must demonstrate compliance with the following minimum requirements:
(a) The applicant's qualifications must comply with the Board's current Comity Registration requirements;
(b) The applicant must have passed the NCEES PE or PS Exam(s);
(c) The applicant must be licensed/registered to practice, and be in good standing in the state or Jurisdiction where they reside or where their established place of business is located;
(d) Land surveying applicants must have also passed the Massachusetts oral exam and the written Massachusetts-specific Jurisprudence Exam;
(e) The applicant must never have been Licensed to practice in Massachusetts; and
Code of Massachusetts Regulations › 250 CMR - BOARD OF REGISTRATION OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS › Title 250 CMR 3.00 - The Registration Process › Section 3.10 - EIT and SIT Certifications

Current through Register 1525, July 5, 2024
The route to Registration may begin with either an Engineer-in-training certificate or Surveyor- in-training certificate, although such certification is not a requirement of Registration.
(1) Engineering-in-training certifications are available to applicants who have passed the FE Exam and who meet one of the following two qualifications:
(a) An applicant who meets the education requirements of 250 CMR 3.04(4):
Table I,
classification (b); or
(b) An applicant who meets the education requirements of 250 CMR 3.04(4):
Table I,
classification (c) and has a specific record of four years or more of Work Experience in engineering work of grade and character satisfactory to the Board.
Code of Massachusetts Regulations › 250 CMR - BOARD OF REGISTRATION OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS › Title 250 CMR 5.00 - Professional Practice › Section 5.01 - Scope of Practice

Current through Register 1525, July 5, 2024
All engineering work and all land surveying work is considered work of a professional nature and shall be performed in conformance with 250 CMR unless such work falls within an exemption set forth in M.G.L. c. 112, § 81R. Consistent with M.G.L. c. 112, § 81D, 250 CMR 5.00 does not apply to work performed by persons who operate, maintain or install machinery or equipment, or to persons licensed as engineers under M.G.L. c. 146.
(1) Engineering work may be performed only by a Professional Engineer or under the Direct Charge and Supervision of a Professional Engineer as described in 250 CMR 5.04.
(2) Land surveying work may be performed only by Professional Land Surveyor or under the Direct Charge and Supervision of a Professional Land Surveyor as described in 250 CMR 5.04.
(a) A Professional Engineer qualified in the Branch of civil engineering may also perform land surveying incidental to his or her engineering work relative to locating or relocating any of the Fixed-works embraced within the practice of civil engineering, but excluding the determination of property lines.
(b) The delineation of existing or proposed structures, features or Boundaries relative to property lines requires the determination of property lines and therefore must be performed by a Professional Land Surveyor.
Code of Massachusetts Regulations › 250 CMR - BOARD OF REGISTRATION OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS › Title 250 CMR 5.00 - Professional Practice › Section 5.02 - Professional Conduct

Current through Register 1525, July 5, 2024
Each Professional Engineer and Professional Land Surveyor has an ethical duty to the public, the profession, and his or her clients.
In order to protect the health, property, and welfare of the public and to establish and maintain a high standard of integrity and practice in the professions of engineering and land surveying, the following Rules of Professional Conduct and all other applicable provisions of 250 CMR shall be binding on every Professional Engineer and Professional Land Surveyor. Failure to comply with 250 CMR, including the rules of professional responsibility in 250 CMR 5.02(1) through (5), or M.G.L. c. 112, §§ 61 through 65E and §§ 81D through 81T may constitute grounds for disciplinary action against the Registrant.
(1)
Responsibility
. A Registrant shall hold paramount the health, property and welfare of the public in the performance of the Registrant's professional duties.
(a) If the professional judgment of any Registrant is overruled under circumstances where the health, property or welfare of the public may be endangered, that Registrant shall notify the Registrant's employer, client or such other authority as may be appropriate.
(b) A Registrant shall provide professional services that are truthful, based upon independent professional judgment, founded upon adequate knowledge of the issues, and based upon competence in the subject matter.
(c) A Registrant shall approve, sign or seal only those Instruments of Service that conform to 250 CMR and generally accepted engineering and land surveying standards.
(d) A Registrant shall not reveal facts, data or information obtained in a professional capacity, without the prior consent of the Registrant's employer except as authorized or required by law or regulation.
(e) A Registrant shall not permit the use of the Registrant's name or firm name nor associate in business ventures with any person or firm which the Registrant may have reason to believe is engaging in fraudulent or dishonest business or professional practices.
(f) A Registrant shall provide the Board with any information and assistance the Board may deem necessary for the investigation/prosecution of complaints filed with the Board.
(g) A Registrant shall provide the Board with honest and objective responses on Reference Questionnaires regarding an applicant's qualifications for registration.
(h) A Registrant shall provide written notification to other Registrants in the event of substantial disagreement with the work of the other. When appropriate, both Registrants shall investigate and attempt to resolve the disagreement collaboratively. The notified Registrant is required to respond in a timely manner to the Registrant giving notice.
(i) A Registrant shall not act in a manner or engage in a practice that brings discredit on the honor or dignity of the profession of engineering or land surveying.
Code of Massachusetts Regulations › 250 CMR - BOARD OF REGISTRATION OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS › Title 250 CMR 5.00 - Professional Practice › Section 5.03 - Professional Seal

Current through Register 1525, July 5, 2024
(1)
Format
.
(a) Each person registered as a Professional Engineer in the Commonwealth shall use a professional seal that conforms to the designs approved and made available by the Board. The seal shall contain the following words: "Commonwealth of Massachusetts", the Registrant's name, the Registrant's registration number, and the words "Professional Engineer" and may include one's Licensed Branch.
(b) Each person registered as a Professional Land Surveyor in the Commonwealth shall use a professional seal that conforms to the designs approved and made available by the Board. The seal shall contain the following words: "Commonwealth of Massachusetts", the Registrant's name, the Registrant's registration number, and the words "Professional Land Surveyor".
Code of Massachusetts Regulations › 250 CMR - BOARD OF REGISTRATION OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS › Title 250 CMR 5.00 - Professional Practice › Section 5.04 - Direct Charge and Supervision

Current through Register 1525, July 5, 2024
A Registrant must exercise Direct Charge and Supervision over those persons assisting in the preparation of Instruments of Service. Direct Charge and Supervision requires at a minimum that:
(1) the Registrant exercised unambiguous decision-making authority with respect to the preparation of the Instruments of Service he or she sealed and signed, without interference or undue influence from any other individual or entity;
(2) the persons assisting in the preparation of the Instruments of Service were subordinates reporting directly to the Registrant rather than through some other person or entity capable of subverting the Registrant's direction;
(3) the Registrant had the freedom and authority to assign personnel, and to employ appropriate technologies and equipment for the preparation of Instruments of Service;
(4) the Registrant exercised due care in assigning tasks to persons assisting in the preparation of Instruments of Service based upon the Registrant's knowledge of each person's expertise, knowledge and skill levels;
(5) the Registrant has a verifiable written record establishing that contributing work provided by unlicensed individuals was subject to regular and continuing Direct Charge and Supervision throughout the development process;
(6) the work performed by unlicensed individuals does not include approval of final designs or decisions; and
(7) the persons assisting the Registrant preparing the Instruments of Service had continuous access to and guidance from the Registrant throughout the development process.
Code of Massachusetts Regulations › 250 CMR - BOARD OF REGISTRATION OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS › Title 250 CMR 5.00 - Professional Practice › Section 5.05 - Business Entities

Current through Register 1525, July 5, 2024
A Business Entity may provide or offer to provide engineering or surveying services only if a registered engineer or land surveyor has management responsibility for that part of the business. In this context, such Registrant is referred to as the Registrant-in-charge.
The relationship between the Business Entity and the Registrant-in-charge must be characterized by the following:
(1) the Registrant-in-charge or a Registrant in his or her charge exercises Direct Charge and Supervision as set forth in 250 CMR 5.04; and
(2) the Registrant-in-charge is an active participant in the contracting, reporting, publishing, scheduling,
etc.
of professional services being offered by the Business Entity.
Code of Massachusetts Regulations › 250 CMR - BOARD OF REGISTRATION OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS › Title 250 CMR 5.00 - Professional Practice › Section 5.06 - License Renewal

Current through Register 1525, July 5, 2024
A Registrant is responsible for maintaining his or her License to practice in good standing by renewing the License as required by M.G.L. c. 112, § 81N and 250 CMR 5.06, by providing all information required by the Board, and by maintaining generally acceptable ethical, professional and business practices. This responsibility cannot be delegated to others. Practice under a License that has not been properly renewed is considered the unlicensed Practice of Engineering or Practice of Land surveying and may result in disciplinary action.
(1) A License is valid for a period ending June 30th of the next even-numbered year and requires renewal at that time. A License that is not renewed on or before the June 30th expiration date shall lapse.
(2) A Registrant shall apply for renewal of his or her License on or before the date the License will lapse. To apply for renewal of a License, a Registrant shall submit to the Board a completed License renewal application on a form prescribed by the Board and shall pay such fees for renewal of that License as may be established by the Executive Office of Administration and Finance pursuant to M.G.L. c. 7, § 3B.
(3) As a condition for renewal of his or her License, a Registrant must submit to the Board satisfactory proof that the Registrant is in compliance with statutory and regulatory requirements specified by the Board, including but not limited to, M.G.L. c. 62C, § 47A and § 49A, and 250 CMR 5.09.
(4) It is the responsibility of each Registrant to notify the Board of any changes in his or her address of record as well as to know the status of his or her License.
(5) Failure to receive renewal notification from the Board does not excuse the Registrant from responsibility for timely renewal.
(6) A Registrant with a lapsed License is no longer permitted to practice engineering or land surveying in the Commonwealth and the use of the Registrant's seal is prohibited.
(7) A License may be renewed within two years of lapsing provided a renewal form is submitted along with the required fees, including the late fee.
(8) A License cannot be renewed if it has lapsed for more than two years. After the first two years, the former Registrant must file for reinstatement pursuant to 250 CMR 5.07.
Code of Massachusetts Regulations › 250 CMR - BOARD OF REGISTRATION OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS › Title 250 CMR 5.00 - Professional Practice › Section 5.07 - Reinstatement of Lapsed License

Current through Register 1525, July 5, 2024
An individual whose License has lapsed for more than two years may apply for reinstatement of his or her License by:
(1) Submitting a properly completed Reinstatement Application Form with the applicable filing fee;
(2) Demonstrating to the Board's satisfaction that nothing has occurred during the lapsed period which would justify the revocation of the Registrant's License under the provisions of M.G.L. c. 112, § 81P or any other applicable law;
(3) Demonstrating to the Board's satisfaction that the Registrant meets the current requirements for registration, which may include an oral interview/exam, submission of documentation, and the required written examinations; and
(4) Paying applicable late fees and renewal fees for missed licensing cycles as required by the Director of the Division of Professional Licensure.
Code of Massachusetts Regulations › 250 CMR - BOARD OF REGISTRATION OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS › Title 250 CMR 5.00 - Professional Practice › Section 5.08 - Use of Title Engineer or Land Surveyor

Current through Register 1525, July 5, 2024
No person, other than a Registrant holding a current License to practice in the applicable profession, shall advertise or hold themselves out as either a Professional Engineer or a Professional Land Surveyor, or use any other title to imply that they are qualified to practice engineering or land surveying in the Commonwealth, or in any other way hold themselves out as able to perform any of the Licensed Branches of engineering or land surveying.
250 CMR 5.08 shall not prohibit a person who is not registered/Licensed in Massachusetts but who holds a current License to practice in another state or Jurisdiction and who declares or otherwise qualifies his or her title in a manner that does not imply that the person is qualified to practice in Massachusetts
(e.g.,
"Professional Engineer, Kansas" would be acceptable).
Code of Massachusetts Regulations › 250 CMR - BOARD OF REGISTRATION OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS › Title 250 CMR 5.00 - Professional Practice › Section 5.09 - Professional and Moral Character

Current through Register 1525, July 5, 2024
(1) A Registrant shall provide the Board with written notification of any disciplinary action or restriction on practice imposed against any professional License, registration, certificate, or permit held by the Registrant by the applicable governmental authority of any state, territory or political subdivision of the United States or any foreign jurisdiction. Such notice must be received by the Board within 30 days of the effective date of said discipline or restriction.
(2) A Registrant shall provide the Board with written notification of the Registrant's conviction of any crime, including any misdemeanor or felony, other than a routine traffic violation, made by a court or any other adverse action by any state or federal agency. Such notice must be received by the Board within 30 days of said conviction or adverse action. Records of compliance with 250 CMR 5.09(2) shall be exhibited to the Board upon demand.
(3) For the purposes of 250 CMR 5.09(2), the term "conviction" means any of the following:
(a) a final judgment entered after a jury verdict of guilty or a judicial finding of guilty;
(b) a plea of guilty;
(c) a plea of
nolo contendere
(no contest); or
(d) any other plea or finding which is treated by the court as a plea or finding of guilty.
The standards in 250 CMR 5.09(3)(a) through (d) shall apply regardless of the law of the jurisdiction in which the disposition occurred.
Code of Massachusetts Regulations › 250 CMR - BOARD OF REGISTRATION OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS › Title 250 CMR 6.00 - Land Surveying Procedures and Standards › Section 6.01 - Elements Common to All Survey Work

Current through Register 1525, July 5, 2024
250 CMR 6.00 describes requirements common to all types of survey work, including but not limited to such surveys as Boundary, topographic, construction layout, title insurance, and mortgage surveys.
(1)
Presumptions
.
(a) When engaged to provide Work Products, surveyors are presumed to be familiar with other generally accepted standards of care
(e.g., National Map Accuracy Standards, Land Title Survey Standards,
land court standards) associated with that type of work and the surveyor's Work Products shall comply with those additional standards to the extent that such standards do not conflict with the provisions of 250 CMR.
(b) When integrating mapping products provided by others, such as photogrammetric mapping, LiDAR mapping, geographic information systems data layers and hydrographic mapping, the surveyor is presumed to have exercised due care in evaluating the provider's qualifications, establishing the product's conformance with mapping standards, and performing sufficient independent conformance checks.
Code of Massachusetts Regulations › 250 CMR - BOARD OF REGISTRATION OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS › Title 250 CMR 6.00 - Land Surveying Procedures and Standards › Section 6.02 - Survey Work Affecting Property Rights

Current through Register 1525, July 5, 2024
250 CMR 6.02 describes those additional requirements applicable to all survey work associated with Boundary lines that affect property rights, existing or proposed, such as property lines, lease lines, easement lines, Jurisdictional Lines, Regulatory Lines, including the horizontal and vertical Control necessary to establish such lines.
Additionally, 250 CMR 6.02 applies to the marking or remarking of said lines on-the-ground and those Work Products that relate natural or manmade features to such lines.
(1)
Precedence
. To the extent that 250 CMR 6.02 may reiterate key aspects of the Laws of Evidence, the intent of 250 CMR 6.02 is to emphasize those aspects of the law, not to create a new standard that would modify or supersede the Laws of Evidence.
(2)
Presumptions
.
(a) Surveyors are presumed to know the Laws of Evidence pertaining to the location of lines and are presumed to follow the Laws of Evidence when reproducing lines or creating new lines.
(b) Based upon equivalent bodies of Evidence and equivalent treatment of that Evidence, that Evidence should lead each surveyor to substantially equivalent determinations.
(c) When a surveyor agrees to locate a written conveyance, the surveyor also agrees to locate the conveyance in accordance with the laws regulating the interpretations of written conveyances.
(d) When new lines are being defined, those lines are presumed to be tied to Original Lines and/or original monuments authenticated in accordance with the Laws of Evidence.
(e) Historical documents that created Original Lines are presumed to have been based upon a survey, whether or not the survey was of a professional nature or was prepared by a lay person.
(f) When the development of a Work Product is based upon a prior survey, the resulting Work Product is presumed to comply with the provisions of these standards, regardless of the standard of care associated with the prior survey.
Code of Massachusetts Regulations › 250 CMR - BOARD OF REGISTRATION OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS › Title 250 CMR 7.00 - Enforcement And Discipline › Section 7.01 - Authority

Current through Register 1525, July 5, 2024
Pursuant to M.G.L. c. 112, §§ 61 through 65E and 81D through 81T, the Board has authority to discipline any individual improperly practicing or offering to practice Engineering or Land Surveying.
This authority applies to anyone who is currently Licensed to practice; who has a suspended, revoked, or lapsed License; or who has never been Licensed.
Disciplinary actions may include but are not limited to suspension, revocation, probation, fine, reprimand, denial of renewals, injunctive or declaratory relief and civil administrative penalties. Additional penalties, including criminal penalties, may apply for unlicensed or unauthorized practice under M.G.L. c. 112, §§ 65 and 65A.
Code of Massachusetts Regulations › 250 CMR - BOARD OF REGISTRATION OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS › Title 250 CMR 7.00 - Enforcement And Discipline › Section 7.02 - Basis for Discipline

Current through Register 1525, July 5, 2024
(1) The Board may initiate disciplinary action against a Registrant or an unlicensed individual or entity on its own or upon written complaint of any individual who alleges violation of any law or regulation within the Board's jurisdiction, including but not limited to M.G.L. c. 112, §§ 61 through 65E, 81D through 81T and 250 CMR.
(2) The Board may, after a consent agreement between the parties or an opportunity for adjudicatory proceedings conducted pursuant to M.G.L. c. 30A, discipline a Registrant if it is determined that the Registrant has engaged in, without limitation to, the following types of conduct:
(a) misconduct or any crime involving moral turpitude; fraud; deceit; incompetence; negligence; or exceeding the authorized scope of their registration;
(b) practice while incapacitated by reason such as mental illness, dementia, alcohol or drugs;
(c) committing fraud or deceit in obtaining or renewing a registration or License;
(d) affixing one's Signature or seal to plans, drawings, specifications or other Instruments of Service which have not been prepared by them, or under their Direct Charge and Supervision;
(e) permitting one's name to be used for the purpose of assisting any individual to evade the provisions of the Board's laws, rules and regulations;
(f) violating any law, rule or regulation of the Board;
(g) having been convicted of a criminal offense which is reasonably related to the Practice of Engineering or Practice of Land Surveying;
(h) knowingly permitted, aided or abetted an unauthorized individual in performing activities requiring registration;
(i) continuing to practice during periods of suspension, revocation, cancellation or lapsed License;
(j) having a license or registration to practice issued by another Jurisdiction and having been disciplined by that Jurisdiction;
(k) failure to cooperate with the Board in response to a complaint or inquiry against individuals practicing engineering or surveying;
(l) providing false testimony or information to the Board;
(m) knowingly making false statements or signing false statements, certifications, or affidavits in connection with the Practice of Engineering or Practice of Land Surveying; and
(n) engaging in dishonorable, unethical, or unprofessional conduct of a character likely to deceive, defraud, or harm the public.
Code of Massachusetts Regulations › 250 CMR - BOARD OF REGISTRATION OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS › Title 250 CMR 7.00 - Enforcement And Discipline › Section 7.03 - Summary Suspensions

Current through Register 1525, July 5, 2024
In accordance with M.G.L. c.112, § 65B, the Board may summarily suspend or refuse to renew the Registrant's License if the Board determines that the Registrant's continued practice poses an immediate and serious threat to the public health, safety or welfare. In such event, the Board shall follow procedures set forth in M.G.L. c. 112, § 65B.
Code of Massachusetts Regulations › 250 CMR - BOARD OF REGISTRATION OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS › Title 250 CMR 7.00 - Enforcement And Discipline › Section 7.04 - Investigatory Process

Current through Register 1525, July 5, 2024
Complaints filed against individuals who come under the Board's jurisdiction shall be subject to the following process:
(1) The Board Chair may appoint a complaint investigative committee to assist the investigative process and advise the Division's Office of Investigations.
(2) Complaints filed with the Division may be evaluated by the complaint investigative committee to determine if further investigation is warranted.
(3) The complaint investigative committee may schedule an informal conference with the complainant, the respondent, their counsel or any other individual to determine if the case should be dismissed, further investigation is required, or an Order to Show Cause is warranted.
(4) After review, the complaint investigative committee will recommend an appropriate course of action to the Board. The Board shall then take appropriate action under the provisions of the statutes.
(5) In instances where the evidence indicates an immediate and serious threat to the public, the Board may issue a summary suspension order in accordance with M.G.L. c.112, § 65B and 250 CMR 7.03.
(6) When an Order to Show Cause is issued by the Board, subsequent proceedings shall be in accordance with the provisions of M.G.L. c. 30A.
(7) The investigatory process may result in dismissal, formal adjudicatory proceedings under the M.G.L. c. 30A process, or a negotiated settlement.
(8) A dismissed complaint does not constitute disciplinary action.
(9) Investigative and settlement conferences may be held in closed session in accordance with M.G.L. c.112, § 65C.
Code of Massachusetts Regulations › 250 CMR - BOARD OF REGISTRATION OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS › Title 250 CMR 7.00 - Enforcement And Discipline › Section 7.05 - Disciplinary Process

Current through Register 1525, July 5, 2024
(1) All complaints, unless dismissed, shall be heard by the Board or its designated agent in accordance with M.G.L. c. 30A and 801 CMR 1.00:
Standard Adjudicatory Rules of Practice and Procedure.
(2) The Board or its designated agent(s) may approve a negotiated agreement with the respondent.
(3) As part of a consent agreement or following an adjudicatory proceeding conducted pursuant to M.G.L. c. 30A, a majority of the Board's members may vote to impose penalties, including but not limited to any of the following:
(a) suspend, revoke, cancel, decline to renew, or place on probation a Registrant's License;
(b) reprimand or censure a Registrant;
(c) assess civil administrative penalties under the provisions of M.G.L. c. 112, §§ 61, 65, and 65A on Registrants and unlicensed individuals;
(d) require a Registrant to complete additional education, training, or testing as a condition of retention or future consideration of reinstatement of Registrant's License;
(e) require a Registrant to practice under appropriate supervision for a period of time as determined by the Board as a condition of retention or future consideration of reinstatement of their License;
(f) require a Registrant to participate in an alcohol or drug rehabilitation program as a condition of retention or future consideration of reinstatement of their License;
(g) require a Registrant with mental health or dementia issues to provide the Board with a medical evaluation;
(h) require an unlicensed individual to cease and desist all Board regulated activities; and
(i) limit the Registrant's scope of practice.
Code of Massachusetts Regulations › 250 CMR - BOARD OF REGISTRATION OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS › Title 250 CMR 7.00 - Enforcement And Discipline › Section 7.06 - Appeal Process

Current through Register 1525, July 5, 2024
Any individual aggrieved by an action of the Board to suspend or revoke a License or certificate, or to refuse to grant a registration or a Temporary Permit for any cause may appeal such action as provided under M.G.L. c. 30A; M.G.L. c. 112, § 64; and M.G.L. c. 112, § 81S.
Code of Massachusetts Regulations › 250 CMR - BOARD OF REGISTRATION OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS › Title 250 CMR 7.00 - Enforcement And Discipline › Section 7.07 - Reinstatement Following Disciplinary Action

Current through Register 1525, July 5, 2024
The Board, for any reason which it may deem sufficient, may reinstate a revoked, voluntarily surrendered or suspended License of any Registrant. A Registrant seeking reinstatement of a revoked, surrendered or suspended License may be required to submit appropriate applications, applicable fees, and meet any such other requirements set by the Board prior to consideration by the Board.