North Dakota Administrative Code › Title 28 - Engineers and Land Surveyors, Board of Registration for Professional › Article 28-01 - General Administration › Chapter 28-01-02.1 - Board Bylaws and Administration › Section 28-01-02.1-07 - Gender and definitions

Current through Supplement No. 393, July, 2024
1.
Gender.
This title is to be read and interpreted in a nongender
				context without regard to race, creed, or sex.
2.
Definitions.
The terms used
				throughout this title have the same meaning as in North Dakota Century Code
				chapter 43-19.1, except:
a. "Accreditation
				board for engineering and technology accredited curriculum" means those
				academic programs offered by institutions of higher learning that the
				accreditation board for engineering and technology (ABET) certify to have met
				the criteria and qualifications required to receive the designations as
				accredited programs in the education, training, and preparation of the
				graduates from such programs; engineering curriculum must have the
				accreditation of the engineering accreditation commission (EAC) within the
				accreditation board for engineering and technology and land surveying
				curriculum must have either engineering accreditation commission or technology
				accreditation commission (TAC) or applied science accreditation commission
				(ASAC) of the accreditation board for engineering and technology to be
				acceptable to the board.
b.
				"Application" means the act of furnishing data, documents, and such information
				under oath as may be required by the board and on forms prescribed by the
				board.
c. "Code of ethics" means
				that set of rules prescribed by the board and adopted herein that govern the
				professional conduct of all registrants.
d. "Direct supervision" means the activities
				of that person who is in responsible charge of technical, engineering, or land
				surveying work in progress, whose professional skill and judgment are embodied
				in the plans, specifications, reports, plats, or other documents required to be
				certified pursuant to section 28-02.1-08-03. A person in direct supervision of
				work directs the work of other registrants, interns, draftspersons,
				technicians, or clerical persons assigned to that work.
e. "Engineering intern" and "land surveyor
				(surveying) intern" are recognized by the board as synonymous with
				engineer-in-training and land surveyor-in-training provided the intern
				designations are conferred under the same requirements as the "in-training"
				designations pursuant to these rules.
f. "Examination" means that series of tests
				prescribed by the board that are developed to ascertain the level of
				proficiency in the fundamentals and in the practices of the professions
				regulated by the board.
g. "Form"
				means a printable or fillable form that captures the data required by this
				chapter. It includes forms replicated on electronic platforms.
h. "Gross negligence" means a substantial
				deviation in professional practice from the standard of professional care
				exercised by members of the registrant's profession, or a substantial deviation
				from any technical standards issued by a nationally recognized or
				state-recognized professional organization, or both, comprised of members of
				the registrant's profession, or a substantial deviation from requirements
				contained in state laws, board regulations, local ordinances, or regulations
				related to the registrant's professional practice.
i. "Inactive" means a registration that has
				voluntarily expired and the registrant has notified the board office of their
				intent to not renew.
j.
				"Incompetence" means to lack the professional qualifications, experience,
				education, or combination thereof to undertake a professional engagement or
				assignment. The following acts or omissions, among others, may be deemed to be
				"incompetence" and to be cause for denial, suspension, or revocation of a
				certificate of registration to practice engineering or land surveying and the
				imposition of any other lawful discipline. Incompetence includes:
(1) Recklessness or excessive errors,
				omissions, or failures in the registrant's record of professional
				practice.
(2) Mental or physical
				disability or addiction to alcohol or drugs that leads to the impairment of the
				registrant's ability to exercise due skill and care in providing professional
				services so as to endanger the health, safety, and welfare of the
				public.
k. "Lapsed"
				means a registration that has voluntarily expired and the registrant has not
				notified the board office of their intent to not renew.
l. "Misconduct" means:
(1) Conviction of any crime reasonably
				related to the practice of the registrant's profession;
(2) An adverse civil adjudication involving
				dishonesty, gross negligence, or incompetence;
(3) Suspension or revocation or voluntary
				surrender of a professional license or registration by this state or by any
				other jurisdiction;
(4) Any act or
				practice in violation of the rules of professional conduct as set forth in
				sections 28-03.1-01-01 through 28-03.1-01-17;
(5) Violation of any of the administrative
				rules set forth in this title; or
(6) Knowingly fail to comply with continuing
				professional competency requirements set forth in  28-04.
m. "Registrant" means any
				individual or organization who has been approved for a certificate of
				registration as an engineer intern, land surveyor intern, a professional
				engineer, a professional land surveyor, or any combination thereof, or a
				temporary permit to practice engineering, or a certificate of commercial
				practice.