reglab/statecodes huggingface dataset:
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.183 - BOARD OF PROFESSIONAL ENGINEERS AND PROFESSIONAL LAND SURVEYORS › Subchapter 24.183.4 - General Provisions › Rule 24.183.406 - BRANCH OFFICE

Current through Register Vol. 13, July 5, 2024
(1) A branch office
				of an engineering or land surveying firm is defined as an office established to
				solicit and/or provide engineering or land surveying services.
(a) Each branch office of an engineering firm
				must have a resident professional engineer in responsible charge.
(b) Each branch office of a surveying firm
				must have a resident professional land surveyor in responsible
				charge.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.183 - BOARD OF PROFESSIONAL ENGINEERS AND PROFESSIONAL LAND SURVEYORS › Subchapter 24.183.4 - General Provisions › Rule 24.183.407 - TEACHING OF ADVANCED ENGINEERING SUBJECTS IN MONTANA

Current through Register Vol. 13, July 5, 2024
(1) When teaching advanced engineering
				subjects in Montana, either the class instructor or the person in responsible
				charge of the board-approved curriculum shall be a Montana licensed
				professional engineer and be in responsible charge of class instruction of
				engineering classes at the junior level and above.
AUTH:
					 37-1-131,
					 37-67-202,
					 MCA IMP:
					 37-1-131,
					 37-67-101,
					 37-67-323,
					 37-67-324,
					 MCA
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.183 - BOARD OF PROFESSIONAL ENGINEERS AND PROFESSIONAL LAND SURVEYORS › Subchapter 24.183.4 - General Provisions › Rule 24.183.408 - CERTIFICATE OF AUTHORIZATION

Current through Register Vol. 13, July 5, 2024
(1) Certificates
				of authorization shall be renewed annually on or before the date set by ARM
				24.101.413
				and accompanied by the fee specified by ARM
				24.183.404.
(2) The renewal form must identify by name
				and license number the professional engineer or professional land surveyor in
				responsible charge and affirm the business entity named on the certificate of
				authorization is in good standing with the Secretary of State.
(3) A professional engineer or professional
				land surveyor designated in responsible charge on a certificate of
				authorization who leaves the employment of a certificate holder shall notify
				the board office in writing within 45 working days. The certificate holder must
				designate a replacement professional engineer and/or professional land surveyor
				in responsible charge and notify the board in writing within 45 working days
				.
(4) In the event that a
				certificate holder no longer has a Montana licensee in responsible charge as
				required by
				37-67-328,
				MCA, the certificate holder shall notify the board office. A certificate holder
				without a Montana licensed person in responsible charge must not offer or
				provide engineering or land surveying services in Montana until a Montana
				licensee in responsible charge has been identified.
AUTH:
					 37-1-131,
					 37-67-202,
					 MCA IMP:
					 37-1-131,
					 37-67-328,
					 MCA
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.183 - BOARD OF PROFESSIONAL ENGINEERS AND PROFESSIONAL LAND SURVEYORS › Subchapter 24.183.4 - General Provisions › Rule 24.183.409 - AFFILIATION WITH NATIONAL ASSOCIATIONS

Current through Register Vol. 13, July 5, 2024
(1) The board may affiliate with the National
				Council of Examiners for Engineering and Surveying (NCEES). Any delegate or
				delegates to the council appointed by the board shall attend meetings of the
				council at the expense of the board.
37-67-202,
					 MCA; IMP,
					 37-67-202,
					 MCA;
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.183 - BOARD OF PROFESSIONAL ENGINEERS AND PROFESSIONAL LAND SURVEYORS › Subchapter 24.183.4 - General Provisions › Rule 24.183.410 - ENGINEERING SERVICES INCIDENTAL TO THE PRACTICE OF ARCHITECTURE

Current through Register Vol. 13, July 5, 2024
(1) The performance of engineering services
				that are incidental to a licensee's work as an architect are those services
				which:
(a) can be safely and competently
				performed by the licensee without jeopardizing the life, health, property, and
				welfare of the public;
(b) are in
				an area where the licensee has demonstrated competence by adequate education,
				training, and experience;
(c)
				arise from, and are directly related to, work performed in the licensed
				profession;
(d) are substantially
				less in scope and magnitude when compared to the work performed or to be
				performed by the licensee in the licensed profession; and
(e) comply with all of the laws of Montana
				relating to the practice of engineering.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.183 - BOARD OF PROFESSIONAL ENGINEERS AND PROFESSIONAL LAND SURVEYORS › Subchapter 24.183.4 - General Provisions › Rule 24.183.411 - TEACHING OF LAND SURVEYING SUBJECTS

Current through Register Vol. 13, July 5, 2024
(1)
				When teaching land surveying subjects in Montana, either the class instructor
				or the person in responsible charge of the board-approved curriculum shall be a
				Montana licensed professional land surveyor and be in responsible charge of
				class instruction of land surveying subjects.
AUTH:
					 37-1-131,
					 37-67-202,
					 MCA IMP:
					 37-1-131,
					 37-67-101,
					 37-67-325,
					 37-67-326,
					 MCA.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.183 - BOARD OF PROFESSIONAL ENGINEERS AND PROFESSIONAL LAND SURVEYORS › Subchapter 24.183.5 - Licensing › Rule 24.183.501 - BOARD-APPROVED CURRICULA

Current through Register Vol. 13, July 5, 2024
(1) Baccalaureate
				engineering or engineering technology programs accredited by the Accreditation
				Board for Engineering and Technology (ABET) or equivalent curricula as approved
				by the board shall meet the educational requirement.
(2) The board-approved curriculum for land
				surveying applicants shall contain a minimum of 60 semester credits and must
				include six credits in English, seven credits in math, six credits in drafting,
				nine credits in basic science, five credits in humanities and social sciences
				or approved Associate of Applied Science benchmarks, 11 credits in surveying
				techniques, and 16 credits in principles and practice of land surveying courses
				taught by a licensed professional land surveyor. One academic quarter's credit
				shall be credited at two-thirds semester credit.
(3) The board shall make a list available of
				Montana schools which offer land surveying curricula accepted by the board. All
				course credits accepted as transferable to the land surveying curricula of any
				school approved by the board shall be accepted by the board when transfer is
				accomplished by the applicant.
37-67-202,
					 MCA; IMP,
					 37-67-306,
					 MCA;
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.183 - BOARD OF PROFESSIONAL ENGINEERS AND PROFESSIONAL LAND SURVEYORS › Subchapter 24.183.5 - Licensing › Rule 24.183.502 - APPLICATIONS

Current through Register Vol. 13, July 5, 2024
(1) Applicants shall complete all experience
				required for approval of an application prior to submission of an application.
(2) The board shall accept an
				application as complete when the applicant submits to the department:
(a) board-approved application forms
				completed in entirety;
(b) all
				required supplemental documentation;
(c) all applicable fees paid in full;
				and
(d) for professional engineer
				and professional land surveyor applicants, the board's law and rule
				questionnaire completed in entirety.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.183 - BOARD OF PROFESSIONAL ENGINEERS AND PROFESSIONAL LAND SURVEYORS › Subchapter 24.183.5 - Licensing › Rule 24.183.503 - APPLICATION REFERENCES

Current through Register Vol. 13, July 5, 2024
(1) The applicant
				shall arrange for the submission of completed reference forms as described in
				37-67-305
				and/or
				37-67-308,
				MCA. The application must include a reference form, which the applicant shall
				provide to the references listed on the application. The reference form must be
				received directly from the applicant's references.
(2) The board will accept a reference form
				only when it is fully completed and bears the signature of the reference. All
				completed and signed reference forms must be received before the board will
				take action on the application.
37-67-202,
					 MCA; IMP,
					 37-67-303,
					 37-67-305,
					 37-67-308,
					 MCA;
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.183 - BOARD OF PROFESSIONAL ENGINEERS AND PROFESSIONAL LAND SURVEYORS › Subchapter 24.183.5 - Licensing › Rule 24.183.504 - EXPIRATION OF APPLICATIONS

Current through Register Vol. 13, July 5, 2024
(1) An
				application will expire one year from the date of receipt. If the applicant has
				not successfully completed all application and examination requirements within
				this period, and still desires to pursue licensure, the applicant must submit a
				new, original application and appropriate fees, with supporting documents. The
				year begins for the exam applicants on the date the applicant has been approved
				by the board or designated board staff to take the exam.
37-1-131,
					 37-67-202,
					 MCA; IMP,
					 37-67-303,
					 MCA;
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.183 - BOARD OF PROFESSIONAL ENGINEERS AND PROFESSIONAL LAND SURVEYORS › Subchapter 24.183.5 - Licensing › Rule 24.183.505 - EXHIBITS OF LAND SURVEYING PROJECTS

Current through Register Vol. 13, July 5, 2024
(1) An
				applicant for licensure as a land surveyor shall submit no less than two and no
				more than four exhibits of land surveying projects demonstrating the diversity
				of the applicant's experience. A minimum of one exhibit shall be a certificate
				of survey or subdivision plat that demonstrates the applicant's knowledge of
				the principles and practices of boundary surveying.
(2) An applicant shall submit a written
				narrative describing each exhibit and the applicant's responsibilities and
				professional decision-making processes related to the land surveying project.
(3) Before October 1, 2022, an
				applicant applying for certification as a land surveyor intern under
				37-67-326(1)(d),
				MCA, must comply with (1) and (2) of this rule.
AUTH:
					 37-67-202,
					 MCA; IMP:
					 37-67-326,
					 MCA
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.183 - BOARD OF PROFESSIONAL ENGINEERS AND PROFESSIONAL LAND SURVEYORS › Subchapter 24.183.5 - Licensing › Rule 24.183.506 - EQUIVALENCY OF MILITARY EDUCATION, TRAINING, AND EXPERIENCE

Current through Register Vol. 13, July 5, 2024
(1) Pursuant to
				37-1-145,
				MCA, the board shall accept relevant military training, service, or education
				toward the requirements for licensure as a professional engineer or
				professional land surveyor.
(2)
				Relevant military training, service, or education must be completed by an
				applicant while a member of either:
(a)
				United States armed forces;
(b)
				United States reserves;
(c) state
				national guard; or
(d) military
				reserves.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.183 - BOARD OF PROFESSIONAL ENGINEERS AND PROFESSIONAL LAND SURVEYORS › Subchapter 24.183.5 - Licensing › Rule 24.183.509 - EXAMINATION PROCEDURES

Current through Register Vol. 13, July 5, 2024
(1) The
				examinations required are defined in
				37-67-311,
				MCA.
(2) Applicants for the
				Fundamentals of Engineering exam may register directly with the National
				Council of Examiners for Engineering and Surveying (NCEES) without prior
				approval of the board and may take the examination at any location offered by
				NCEES. NCEES shall schedule the exam and collect all required fees, including
				fees for rescheduling an exam.
(3)
				Applicants for the Fundamentals of Land Surveying, Principles and Practices of
				Engineering, and Principles and Practices of Land Surveying exams who are
				approved by the board may take the examination at any location offered by
				NCEES.
(4) Applicants will be
				notified of the time and place of the exam by NCEES. An applicant who wishes to
				reschedule an exam other than the Fundamentals of Engineering exam, shall pay
				an exam reschedule fee to the board.
(5) A passing grade set by NCEES will be
				required.
(6) A candidate failing
				to pass any exam, other than the Fundamentals of Engineering exam, may take
				that examination again upon payment of the reexamination fee specified by ARM
				24.183.404.
(7) An examinee who fails the Montana
				state-specific land surveyor exam may request a diagnostic report on the exam
				results within 60 days after the date of notification of the failure.
37-1-131,
					 37-67-202,
					 MCA; IMP,
					 37-1-131,
					 37-1-134,
					 37-67-311,
					 MCA;
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.183 - BOARD OF PROFESSIONAL ENGINEERS AND PROFESSIONAL LAND SURVEYORS › Subchapter 24.183.5 - Licensing › Rule 24.183.510 - GRANT AND ISSUE LICENSES AND CERTIFICATES

Current through Register Vol. 13, July 5, 2024
(1) At the time an applicant meets the
				requirements for licensure by the board, the applicant will be assigned a
				license number and issued a license as a professional engineer and/or
				professional land surveyor as appropriate. These numbers will be issued
				consecutively in the order in which the applications are approved by the board.
				The applicant will be advised of the license number in the notice sent to the
				applicant.
(2) The engineer intern
				certificate will be active for two years and may be renewed for additional
				two-year periods for a fee prescribed in ARM
				24.183.404. Pursuant to an
				agreement with the National Council of Examiners for Engineering and Surveying
				(NCEES), the board has agreed to retain examination scores. Upon request, the
				individual may obtain the national exam score and verification for a fee
				prescribed by the department.
(3)
				The land surveyor intern certificate will be valid for two years and may be
				renewed for additional two-year periods for a fee prescribed in ARM 24.183.404.
(4) A license authorizing the
				practice of professional engineering or professional land surveying by a sole
				proprietorship, firm, partnership, or corporation shall be granted by the board
				and issued by the department after approval of an application for a certificate
				of authorization and payment of the license fee. A wall certificate shall be
				signed by the presiding officer and shall bear the license number of the
				licensee, sole proprietorship, firm, partnership, or corporation.
(5) All licenses and certificates identified
				through this rule shall be subject to lapse, expiration, and termination under
				37-1-141,
				MCA, and ARM
				24.101.413.
37-1-131,
					 37-67-202,
					 MCA; IMP,
					 37-67-305,
					 37-67-306,
					 37-67-307,
					 37-67-308,
					 37-67-309,
					 37-67-320,
					 MCA;
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.183 - BOARD OF PROFESSIONAL ENGINEERS AND PROFESSIONAL LAND SURVEYORS › Subchapter 24.183.5 - Licensing › Rule 24.183.511 - LICENSE SEAL

Current through Register Vol. 13, July 5, 2024
(1) Upon approval
				of the application by the board, the licensee will be advised that the licensee
				may secure an official seal. The following seals are authorized:
(a) pocket seal, the size commercially
				designated as a 1 5/8 inch seal;
(b) a desk seal or rubber stamp seal the size
				commercially designated as a two inch seal;
(c) the seal will bear the licensee's name,
				license number and the legend "Licensed Professional Engineer", "Licensed
				Professional Land Surveyor" or "Licensed Professional Engineer and Professional
				Land Surveyor"; and
(d) a seal is
				allowed to be reduced to one half of its original size.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.183 - BOARD OF PROFESSIONAL ENGINEERS AND PROFESSIONAL LAND SURVEYORS › Subchapter 24.183.5 - Licensing › Rule 24.183.512 - APPLICATION FOR EMERITUS STATUS

Current through Register Vol. 13, July 5, 2024
(1) A
				registrant who has terminated his practice of engineering or land surveying may
				apply for a certificate of emeritus status by submitting to the board a
				completed application therefore accompanied by the fee established by ARM
				24.183.404.
37-67-202,
					 MCA; IMP,
					 37-67-321,
					 MCA;
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.183 - BOARD OF PROFESSIONAL ENGINEERS AND PROFESSIONAL LAND SURVEYORS › Subchapter 24.183.5 - Licensing › Rule 24.183.514 - NONROUTINE APPLICATIONS

Current through Register Vol. 13, July 5, 2024
(1) For the purpose
				of processing nonroutine applications, the board incorporates the definitions
				of routine and nonroutine at ARM
				24.101.402 by reference.
(2) Nonroutine applications must be reviewed
				and approved by the board before a license may be issued.
AUTH:
					 37-1-131, MCA IMP:
					 37-1-101,
					 37-1-131,
					 MCA
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.183 - BOARD OF PROFESSIONAL ENGINEERS AND PROFESSIONAL LAND SURVEYORS › Subchapter 24.183.5 - Licensing › Rule 24.183.515 - APPLICANTS WITH CRIMINAL CONVICTIONS

Current through Register Vol. 13, July 5, 2024
(1) The board incorporates ARM
				24.101.406 by reference with no
				modifications.
AUTH:
					 37-1-131, MCA IMP:
					 37-1-101,
					 37-1-131, MCA
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.183 - BOARD OF PROFESSIONAL ENGINEERS AND PROFESSIONAL LAND SURVEYORS › Subchapter 24.183.7 - Licensure of Professional Engineers › Rule 24.183.701 - COMITY FOR PROFESSIONAL ENGINEERS

Current through Register Vol. 13, July 5, 2024
(1) The
				board may issue a professional engineer license by comity to any person who
				submits verification of licensure from any state, territory, or possession of
				the United States, or any foreign country, and meets the application
				requirements of this rule. All applicants shall submit to the department the
				appropriate fee and a completed engineer laws and rules questionnaire.
(2) Applicants with a NCEES record
				may arrange for NCEES to deliver their current record, updated within two years
				of the application date, directly to the board office. An applicant with a
				NCEES record also shall submit a department-approved application form and
				board-approved experience forms.
(3) Applicants without a NCEES record shall
				submit to the department the department-approved application form and the
				following:
(a) educational transcripts;
(b) five completed reference forms
				which meet the requirements of ARM
				24.183.503;
(c) verification of licensure from
				all states in which the applicant has ever been licensed;
(d) verification of having passed the
				Fundamentals of Engineering examination; and
(e) verification of having passed the
				Principles and Practices of Engineering examination.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.183 - BOARD OF PROFESSIONAL ENGINEERS AND PROFESSIONAL LAND SURVEYORS › Subchapter 24.183.7 - Licensure of Professional Engineers › Rule 24.183.702 - CLASSIFICATION OF ENGINEERING EXPERIENCE

Current through Register Vol. 13, July 5, 2024
(1) Engineering experience for the purpose of
				application for licensure shall be classified as the following:
(a) Subprofessional experience is experience
				gained before receipt of a baccalaureate degree. Such experience may be gained
				during periods of college or university enrollment, and shall be credited at
				one-half the time value of preprofessional experience gained after receipt of a
				baccalaureate degree. No more than one year of subprofessional experience may
				be counted as preprofessional experience. Such preprofessional experience may
				include one or more of the following:
(i)
				supervised engineering experience; or
(ii) supervised construction experience.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.183 - BOARD OF PROFESSIONAL ENGINEERS AND PROFESSIONAL LAND SURVEYORS › Subchapter 24.183.8 - Licensure of Professional Land Surveyors › Rule 24.183.801 - COMITY FOR PROFESSIONAL LAND SURVEYORS

Current through Register Vol. 13, July 5, 2024
(1) The board may issue a professional land
				surveyor license by comity to any person who submits verification of licensure
				from any state, territory, or possession of the United States, or any foreign
				country, and meets the application requirements of this rule. Applicants shall
				submit a department-approved application form, fee, a completed land surveyors
				laws and rules questionnaire, and:
(a)
				educational transcripts, when applicable;
(b) five completed reference forms which meet
				the requirements of ARM
				24.183.503;
(c) verification of licensure from
				all states in which the applicant has ever been licensed;
(d) verification of having passed the
				Fundamentals of Land Surveying examination;
(e) verification of having passed the
				Principles and Practices of Land Surveying examination; and
(f) exhibits as required by ARM
				24.183.505.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.183 - BOARD OF PROFESSIONAL ENGINEERS AND PROFESSIONAL LAND SURVEYORS › Subchapter 24.183.8 - Licensure of Professional Land Surveyors › Rule 24.183.802 - CLASSIFICATION OF LAND SURVEYING EXPERIENCE

Current through Register Vol. 13, July 5, 2024
(1) Applicants for land surveyor licensure or
				certification shall classify experience listed in their applications as
				progressive land surveying experience and nonprogressive land surveying
				experience.
(2) Applicants shall
				provide documentation of combined office and field experience as follows:
(a) for applicants seeking licensure under
				37-67-325(1)(a),
				MCA, and are required to obtain at least four years of combined office and
				field experience, at least 12 months must be office experience, and at least 12
				months must be field experience;
(b) for applicants seeking licensure under
				37-67-325(1)(b)
				and (1)(c), MCA, and are required to obtain
				at least six years of combined office and field experience, at least 18 months
				must be office experience, and at least 18 months must be field
				experience;
(c) for applicants
				seeking licensure under
				37-67-325(1)(d),
				MCA, and are required to obtain at least ten years of combined office and field
				experience, at least 48 months must be office experience, and at least 48
				months must be field experience; and
(d) for applicants seeking certification
				under 36-67-326(1)(d), MCA, and are required to obtain at least six years of
				combined office and field experience, at least 29 months must be office
				experience, and at least 29 months must be field experience.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.183 - BOARD OF PROFESSIONAL ENGINEERS AND PROFESSIONAL LAND SURVEYORS › Subchapter 24.183.10 - Corner Recordation Requirements › Rule 24.183.1001 - FORM OF CORNER RECORDS - INFORMATION TO BE INCLUDED

Current through Register Vol. 13, July 5, 2024
(1) The board-approved form for public land
				survey system corners and the board-approved form for non-public land survey
				system corners for recordation of corners pursuant to the Corner Recordation
				Act of Montana (Title 70, chapter 22, part 1, MCA) are available on the board
				web site.
(2) The information to be
				included in a corner record is as follows:
(a) A description or quotation of those
				portions of the original or subsequent record which were used in evaluating the
				corner position.
(i) The original record for
				corners of government surveys will usually be the general land office field
				notes.
(ii) The original record
				for nongovernment surveys will usually be subdivision plats, certificates of
				survey, or other surveys of record.
(iii) Subsequent record can come from sources
				such as previously filed corner records, maps and plats, private and public
				records, etc. Some of the subsequent record, even though not in the public
				record, but known to have validity by the surveyor, may be quoted and
				appropriately noted. The record data help support the reestablished corner
				position because they clearly show on what history the surveyor based the
				corner position. In some cases, however, the record may be unknown or not
				pertinent. A statement to that effect, if applicable, must appear on the corner
				record.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.183 - BOARD OF PROFESSIONAL ENGINEERS AND PROFESSIONAL LAND SURVEYORS › Subchapter 24.183.10 - Corner Recordation Requirements › Rule 24.183.1002 - REMONUMENTATION AND REHABILITATION OF PUBLIC LAND SURVEY CORNERS AND MONUMENTS

Current through Register Vol. 13, July 5, 2024
(1) The legal importance of the public land
				survey corner makes mandatory the construction of lasting monuments and
				accessories such that the greatest practicable permanence is secured. If it
				were necessary to alter the condition of a public land survey corner, then
				preserving the evidence of its original location is paramount. The public land
				survey corner monument should be carefully reconstructed (rehabilitated) or
				remonumented by such means as may be appropriate, without destroying the
				evidence which served to identify its original position.
(a) If a public land survey corner monument
				were to be rehabilitated only, then the monument shall primarily be restored as
				closely to its original state as practicable.
(b) If a public land survey corner monument
				were to be replaced with a more durable monument (remonumentation), then the
				following steps shall be performed:
(i)
				recovery and verification of the public land survey corner monument and/or its
				accessories;
(ii) removal of the
				public land survey corner monument and replacement with a monument conforming
				to ARM 24.183.1101;
(iii) placement and memorialization of the
				replacement monument so that there is only one monumented position. Unless
				local conditions are prohibitive, the public land survey corner monument being
				replaced shall be buried upside down alongside the replacement monument; and
(iv) remonument according to the
				procedures describing monumentation in the most current edition of the U.S.
				Bureau of Land Management Manual of Surveying Instructions.
(c) If a reference or accessory to
				a public land survey corner monument were lost, obliterated, destroyed, or in
				advanced stages of decay, then the following steps shall be performed:
(i) unless prohibitive, placement of a
				reference or accessory conforming to material described in the most current
				edition of the U.S. Bureau of Land Management Manual of Surveying
				Instructions;
(ii) if practical,
				placement of references and accessories far enough from the corner monument to
				remain undisturbed if the corner monument itself were destroyed; and
(iii) marking of references and accessories
				clearly distinguishing them from the corner monument.
(d) If required by
				70-22-104,
				MCA, a "PLSS Corner Record" form shall be completed pursuant to ARM
				24.183.1001 and filed with the
				county clerk and recorder for the public land survey corner monuments and
				accessories described in (1)(a), (b), and (c).
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.183 - BOARD OF PROFESSIONAL ENGINEERS AND PROFESSIONAL LAND SURVEYORS › Subchapter 24.183.11 - Uniform Standards for Monumentation, Certificates of Survey, and Final Subdivision Plats › Rule 24.183.1102 and 24.183.1103 - Reserved

Current through Register Vol. 13, July 5, 2024
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.183 - BOARD OF PROFESSIONAL ENGINEERS AND PROFESSIONAL LAND SURVEYORS › Subchapter 24.183.11 - Uniform Standards for Monumentation, Certificates of Survey, and Final Subdivision Plats › Rule 24.183.1105 and 24.183.1106 - Reserved

Current through Register Vol. 13, July 5, 2024
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.183 - BOARD OF PROFESSIONAL ENGINEERS AND PROFESSIONAL LAND SURVEYORS › Subchapter 24.183.11 - Uniform Standards for Monumentation, Certificates of Survey, and Final Subdivision Plats › Rule 24.183.1107 - UNIFORM STANDARDS FOR FINAL SUBDIVISION PLATS

Current through Register Vol. 13, July 5, 2024
(1) A final subdivision plat must comply with
				the following requirements:
(a) the plat
				complies with the requirements contained in (2);
(b) the plat includes a Conditions of
				Approval sheet(s) that complies with the requirements contained in (4);
				and
(c) the plat is accompanied by
				documents listed in (5).
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.183 - BOARD OF PROFESSIONAL ENGINEERS AND PROFESSIONAL LAND SURVEYORS › Subchapter 24.183.11 - Uniform Standards for Monumentation, Certificates of Survey, and Final Subdivision Plats › Rule 24.183.1108 - GENERAL PRINCIPLES

Current through Register Vol. 13, July 5, 2024
(1) Boundary
				location and monumentation are considered the practice of land
				surveying.
(2) National Geodetic
				Survey (NGS) is considered authoritative; however, their land surveyors, when
				acting under government authority, are not required to be a professional land
				surveyor to perform geodetic control surveys.
(3) Numerical accuracy, for example,
				submeter, is not a basis for consideration as to whether a professional land
				surveyor is required.
(4)
				Consideration of what is being mapped is not a basis for determining whether a
				professional land surveyor is required. Consideration of what the information
				will be used for should determine whether a professional land surveyor is
				required. In other words, it is not what is mapped, but the intended use for
				the data that determines whether or not a professional land surveyor is
				required.
(5) Preparation of legal
				descriptions for transfer of interest in real property is limited to
				professional land surveyors.
(6)
				Anyone may use land surveying methods for their own personal needs on their own
				property. Examples include assessing probable property lines, topography, and
				locations of physical features.
(7)
				Anyone can use land surveying methods to determine dynamic perimeters such as
				fire fronts, weather fronts, moving vehicles, etc., for reporting to the
				public, posting on the Internet, or any other use not prohibited by these
				guidelines.
(8) These guidelines do
				not preclude surveys performed by professional engineers or other legally
				recognized professions or trades as allowed by state law or administrative
				rule.
37-1-131,
					 37-67-202,
					 MCA; IMP,
					 37-1-131,
					 37-67-101,
					 37-67-301,
					 MCA;
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.183 - BOARD OF PROFESSIONAL ENGINEERS AND PROFESSIONAL LAND SURVEYORS › Subchapter 24.183.11 - Uniform Standards for Monumentation, Certificates of Survey, and Final Subdivision Plats › Rule 24.183.1109 - GEOMATICS DEFINITIONS

Current through Register Vol. 13, July 5, 2024
(1) "Accuracy" may
				refer to expressed accuracy or implied accuracy.
(a) "Expressed accuracy" means designating a
				numerical value for spatial accuracy or spatial relationships between objects
				or data.
(b) "Implied accuracy"
				means designating things such as equipment, equipment operating procedures,
				field procedures, analysis, methodologies, etc. to support a spatial accuracy
				expectation.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.183 - BOARD OF PROFESSIONAL ENGINEERS AND PROFESSIONAL LAND SURVEYORS › Subchapter 24.183.11 - Uniform Standards for Monumentation, Certificates of Survey, and Final Subdivision Plats › Rule 24.183.1110 - ACTIVITIES INCLUDED WITHIN SURVEYING PRACTICE

Current through Register Vol. 13, July 5, 2024
(1) Activities that must be accomplished
				under the responsible charge of a professional land surveyor, unless
				specifically exempted in ARM
				24.183.1111, include, but are not
				limited to the following:
(a) The creation of
				maps and georeferenced databases representing authoritative locations for
				boundaries, fixed works of engineering, or topography. Examples include:
(i) legal boundary surveys;
(ii) establishing or locating the extent,
				alignment, and acreage included in rights of way, easements, or other legal
				interests in real property;
(iii)
				engineering surveys for designs; and
(iv) as-built surveys.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.183 - BOARD OF PROFESSIONAL ENGINEERS AND PROFESSIONAL LAND SURVEYORS › Subchapter 24.183.15 - Shop Drawings › Rule 24.183.1501 - Fire Protection Shop Drawings

Current through Register Vol. 13, July 5, 2024
(1) When fire protection shop drawings are
				used to finalize engineering concepts:
(a)
				The licensee (a licensed professional engineer) shall provide the design
				concept adequate for shop drawing preparation by others. The design concept for
				sprinkler systems must include as a minimum:
(i) the density and water flow pressure
				requirements for the sprinkler system design;
(ii) the classification of commodities to be
				protected; and
(iii) confirmation
				of adequate water supply.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.183 - BOARD OF PROFESSIONAL ENGINEERS AND PROFESSIONAL LAND SURVEYORS › Subchapter 24.183.21 - Renewals and Continuing Education › Rule 24.183.2101 - RENEWALS

Current through Register Vol. 13, July 5, 2024
(1) Licenses must be renewed on or before the
				date set by ARM
				24.101.413.
(2) Renewal notices will be sent as specified
				in ARM 24.101.414. The renewal notice
				will specify the fees for renewal.
(3) The provisions of ARM
				24.101.408 apply.
37-67-202,
					 MCA; IMP,
					 37-1-141,
					 MCA;
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.183 - BOARD OF PROFESSIONAL ENGINEERS AND PROFESSIONAL LAND SURVEYORS › Subchapter 24.183.21 - Renewals and Continuing Education › Rule 24.183.2102 - INACTIVE STATUS AND REACTIVATION

Current through Register Vol. 13, July 5, 2024
(1) A
				licensee may place the license on inactive status by either indicating on the
				renewal form that inactive status is desired, or by informing the board office,
				in writing, that an inactive status is desired. It is the sole responsibility
				of the inactive licensee to keep the board informed as to any change of address
				during the period of time the license remains on inactive status. Inactive
				licensees must pay the renewal fee biennially to maintain license
				status.
(2) A licensee may not
				practice any professional engineering or professional land surveying work in
				the state of Montana while the license is on inactive status.
(3) Upon application and payment of the
				appropriate fee, the board may convert an inactive status license to active
				status if the applicant completes each of the following:
(a) signifies to the board, in writing, that
				upon issuance of the active license, the applicant intends to be an active
				practitioner in the state of Montana; and
(b) presents satisfactory evidence that the
				applicant has attended 30 hours of continuing education which comply with the
				continuing education rules of the board.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.183 - BOARD OF PROFESSIONAL ENGINEERS AND PROFESSIONAL LAND SURVEYORS › Subchapter 24.183.21 - Renewals and Continuing Education › Rule 24.183.2103 - LATE RENEWALS

Current through Register Vol. 13, July 5, 2024
(1) Any renewal
				postmarked after the renewal date specified in ARM
				24.101.413 is considered late and
				subject to the late penalty fee as specified in ARM
				24.101.403.
(2) The provisions of ARM
				24.101.408 apply.
37-1-134,
					 37-67-202,
					 MCA; IMP,
					 37-1-141,
					 MCA;
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.183 - BOARD OF PROFESSIONAL ENGINEERS AND PROFESSIONAL LAND SURVEYORS › Subchapter 24.183.21 - Renewals and Continuing Education › Rule 24.183.2104 - EXPIRED CERTIFICATE - RENEWAL GRACE PERIOD (REPEALED)

Current through Register Vol. 13, July 5, 2024
37-67-202,
					 MCA; IMP,
					 37-67-315,
					 MCA;
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.183 - BOARD OF PROFESSIONAL ENGINEERS AND PROFESSIONAL LAND SURVEYORS › Subchapter 24.183.21 - Renewals and Continuing Education › Rule 24.183.2105 - CONTINUING PROFESSIONAL COMPETENCY - CONTINUING EDUCATION

Current through Register Vol. 13, July 5, 2024
(1) Every licensee shall meet the continuing
				professional competency (continuing education) requirements of these
				regulations for professional development and affirm an understanding of their
				recurring duty to comply with continuing education requirements as a part of
				renewal.
(2) Terms used in this
				rule are defined as follows:
(a) "Professional
				development hour (PDH)" means a contact hour (nominal) of instruction or
				presentation;
(b) "Continuing
				education unit (CEU)" means a unit of credit customarily used for continuing
				education courses. One continuing education unit equals ten hours of class in
				an approved continuing education course;
(c) "College/unit semester/quarter hour"
				means credit for courses in ABET approved programs or other related college
				courses approved in accordance with (5), below;
(d) "Course/activity" means any qualifying
				course or activity with a clear purpose and objective which will maintain,
				improve or expand the skills and knowledge relevant to the licensee's field of
				practice;
(e) "Engineer-surveyor"
				means a person who is licensed as both an engineer and a land surveyor.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.183 - BOARD OF PROFESSIONAL ENGINEERS AND PROFESSIONAL LAND SURVEYORS › Subchapter 24.183.22 - Unprofessional Conduct › Rule 24.183.2201 - INTRODUCTION (Repealed)

Current through Register Vol. 13, July 5, 2024
37-1-319,
					 37-67-202,
					 MCA; IMP,
					 37-67-301,
					 37-67-331,
					 MCA;
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.183 - BOARD OF PROFESSIONAL ENGINEERS AND PROFESSIONAL LAND SURVEYORS › Subchapter 24.183.22 - Unprofessional Conduct › Rule 24.183.2202 - SAFETY, HEALTH AND WELFARE OF THE PUBLIC PARAMOUNT IN THE PERFORMANCE OF PROFESSIONAL DUTIES

Current through Register Vol. 13, July 5, 2024
(1) In the
				performance of professional duties that are within the scope of the licensee's
				assigned responsibilities, licensees shall recognize their primary obligation
				is to protect the safety, health, property and welfare of the public. If their
				professional judgment is overruled under circumstances where the safety,
				health, property or welfare of the public are endangered, they shall notify
				their employer of client and such other authority as may be
				appropriate.
(2) Licensees shall
				approve and seal those design documents and surveys which are in conformity
				with accepted engineering and land surveying standards and are safe for public
				health, property and welfare.
(3)
				Licensees having direct knowledge of any alleged violation of the laws and
				rules of professional conduct must report all such allegations to the
				board.
37-1-319,
					 37-67-202,
					 MCA; IMP,
					 37-1-316,
					 37-67-301,
					 MCA;
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.183 - BOARD OF PROFESSIONAL ENGINEERS AND PROFESSIONAL LAND SURVEYORS › Subchapter 24.183.22 - Unprofessional Conduct › Rule 24.183.2203 - PERFORMANCE OF SERVICES ONLY IN AREAS OF COMPETENCE (Repealed)

Current through Register Vol. 13, July 5, 2024
37-1-319,
					 37-67-202,
					 MCA; IMP,
					 37-1-316,
					 37-67-301,
					 MCA;
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.183 - BOARD OF PROFESSIONAL ENGINEERS AND PROFESSIONAL LAND SURVEYORS › Subchapter 24.183.22 - Unprofessional Conduct › Rule 24.183.2204 - CONFLICTS OF INTEREST (Repealed)

Current through Register Vol. 13, July 5, 2024
37-1-319,
					 37-67-202,
					 MCA; IMP,
					 37-1-316,
					 37-67-301,
					 MCA;
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.183 - BOARD OF PROFESSIONAL ENGINEERS AND PROFESSIONAL LAND SURVEYORS › Subchapter 24.183.22 - Unprofessional Conduct › Rule 24.183.2205 - AVOIDANCE OF IMPROPER SOLICITATION OF PROFESSIONAL EMPLOYMENT (Repealed)

Current through Register Vol. 13, July 5, 2024
37-1-319,
					 37-67-202,
					 MCA; IMP,
					 37-1-316,
					 37-67-301,
					 37-67-331,
					 MCA;
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.183 - BOARD OF PROFESSIONAL ENGINEERS AND PROFESSIONAL LAND SURVEYORS › Subchapter 24.183.22 - Unprofessional Conduct › Rule 24.183.2206 - ISSUANCE OF PUBLIC STATEMENTS

Current through Register Vol. 13, July 5, 2024
37-67-202,
					 MCA; IMP,
					 37-1-316,
					 37-67-301,
					 MCA;
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.183 - BOARD OF PROFESSIONAL ENGINEERS AND PROFESSIONAL LAND SURVEYORS › Subchapter 24.183.24 - Complaint Procedures › Rule 24.183.2401 - SCREENING PANEL

Current through Register Vol. 13, July 5, 2024
(1) The board
				screening panel shall consist of three professional engineer board members; one
				land surveyor board member; and one public board member, as chosen by the
				presiding officer. The presiding officer may reappoint screening panel members,
				or replace screening panel members as necessary at the presiding officer's
				discretion.
37-67-202,
					 MCA; IMP,
					 37-1-307,
					 MCA;
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.183 - BOARD OF PROFESSIONAL ENGINEERS AND PROFESSIONAL LAND SURVEYORS › Subchapter 24.183.24 - Complaint Procedures › Rule 24.183.2402 - COMPLAINT PROCESS

Current through Register Vol. 13, July 5, 2024
(1) A person,
				government or private entity may submit a written complaint to the board
				charging a licensee or license applicant with a violation of board statute or
				rules, and specifying the grounds for the complaint.
(2) Complaints must be in writing, and must
				be filed on the proper complaint form prescribed by the board. The board form
				shall contain a release of records statement, to be signed by the
				complainant.
(3) Upon receipt of
				the written complaint form, the board office shall log in the complaint and
				assign the complaint a complaint number. The complaint will then be sent to the
				licensee complained about for a written response. Upon receipt of the
				licensee's written response, or the expiration of time for submitting a
				response, both complaint and response (if any) shall be considered by the
				screening panel of the board for appropriate action including dismissal,
				investigation or a finding of reasonable cause of violation of a particular or
				specific statute or rule. The board office shall notify both complainant and
				licensee of the determination made by the screening panel.
(4) If a reasonable cause violation
				determination is made by the screening panel, the Montana Administrative
				Procedure Act shall be followed for all disciplinary proceedings
				undertaken.
(5) The screening panel
				will not act upon anonymous complaints.
37-67-202,
					 MCA; IMP,
					 37-1-308,
					 37-1-309,
					 37-67-331,
					 MCA;
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.189 - BOARD OF PSYCHOLOGISTS › Subchapter 24.189.1 - Organizational Rule › Rule 24.189.101 - BOARD ORGANIZATION

Current through Register Vol. 13, July 5, 2024
(1) The Board of
				Psychologists adopts and incorporates the organizational rules of the
				Department of Labor and Industry as listed in chapter 1 of this
				title.
AUTH:
					 2-4-201, MCA IMP:
					 2-4-201,
					 MCA
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.189 - BOARD OF PSYCHOLOGISTS › Subchapter 24.189.2 - Procedural Rules › Rule 24.189.201 - PROCEDURAL RULES

Current through Register Vol. 13, July 5, 2024
(1) The Board of
				Psychologists adopts and incorporates the procedural rules of the Department of
				Labor and Industry as listed in chapter 2 of this title.
AUTH:
					 2-4-201, MCA IMP:
					 2-4-201,
					 MCA
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.189 - BOARD OF PSYCHOLOGISTS › Subchapter 24.189.2 - Procedural Rules › Rule 24.189.202 - PUBLIC PARTICIPATION

Current through Register Vol. 13, July 5, 2024
(1) The Board of
				Psychologists adopts and incorporates the public participation rules of the
				Department of Labor and Industry as listed in chapter 2 of this
				title.
AUTH:
					 2-3-103, MCA IMP:
					 2-3-103,
					 MCA
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.189 - BOARD OF PSYCHOLOGISTS › Subchapter 24.189.2 - Procedural Rules › Rule 24.189.205 - BOARD MEETINGS (REPEALED)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 37-17-202, MCA IMP:
					 37-17-201,
					 37-17-202,
					 MCA
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.189 - BOARD OF PSYCHOLOGISTS › Subchapter 24.189.3 - Definitions › Rule 24.189.301 - DEFINITIONS

Current through Register Vol. 13, July 5, 2024
(1) "APA" means the American Psychological
				Association.
(2) "BACB" means the
				Behavior Analyst Certification Board, a nonprofit corporation whose
				credentialing programs for behavior analysts and assistant behavior analysts
				are accredited by the National Commission for Certifying Agencies.
(3) "Behavior technician" means a supervisee
				primarily responsible for the direct implementation of behavior analytic
				services. The behavior technician does not design intervention or assessment
				plans.
(4) "Health care provider"
				is defined in
				33-22-138, MCA.
(5) "Licensee" means the holder of a current
				license issued by the board.
(6)
				"Licensee-patient relationship" means :
(a)
				the licensee agrees to undertake diagnosis and/or treatment of an individual
				seeking services; and
(b) the
				individual agrees to be diagnosed and/or treated by the licensee whether or not
				there has been an in-person meeting between the two.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.189 - BOARD OF PSYCHOLOGISTS › Subchapter 24.189.4 - General Provisions › Rule 24.189.401 - FEE SCHEDULE

Current through Register Vol. 13, July 5, 2024
(1) The department
				will collect the following fees, none of which are refundable:
(a) Psychologist application fee $
				338
(b) Psychologist active license
				renewal fee 450
(c) Psychologist
				supervision proposal approval 25
(d) Psychologist temporary permit application
				fee 100
(e) Behavior analyst
				application fee 450
(f) Behavior
				analyst initial supervision fee, per behavior technician, student intern, or
				assistant behavior analyst supervised 25
(g) Assistant behavior analyst application
				fee 250
(h) Behavior analyst active
				license renewal fee 338
(i)
				Assistant behavior analyst active license renewal fee 150