reglab/statecodes huggingface dataset:
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 56 - ENGINEERS AND SURVEYORS › Section .0500 - PROFESSIONAL ENGINEER › Section 56 .0501 - REQUIREMENTS FOR LICENSING

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				Education. The Board shall consider the education of an applicant in
				determining eligibility for licensing as a Professional Engineer. The terms
				used by the Board for the educational requirements in
				G.S.
				89C-13(a1) to be eligible to
				be licensed as a Professional Engineer are defined as follows:
(1) "Engineering curriculum of four or more
				years approved by the Board" is defined as a program that has been accredited
				by the Engineering Accreditation Commission (EAC) of the Accreditation Board
				for Engineering and Technology (ABET). This program is incorporated by
				reference including subsequent amendments and editions. This material is
				available at www.abet.org/accreditation-criteria-policies-documents/ at no
				cost, or for inspection at the office of the North Carolina Board of Examiners
				for Engineers and Surveyors. Copies may be obtained at the Board office at a
				cost of five dollars ($5.00) per copy.
(2) "Engineering or related science
				curriculum of four or more years other than ones approved by the Board" is
				defined as a curriculum, although not accredited by ABET, of technical courses
				that contains engineering or scientific principles.
(3) "Equivalent education satisfactory to the
				board" is defined as:
(A) A graduate degree in
				Engineering from an institution where the same discipline undergraduate
				engineering program has been accredited by ABET (EAC) shall be considered
				equivalent to an engineering curriculum of four or more years approved by the
				Board.
(B) A bachelor's degree in
				Engineering Technology, whether or not accredited by the Technology
				Accreditation Commission (TAC) of ABET, shall be considered equivalent to an
				engineering or related science curriculum of four or more years other than one
				approved by the Board.
(C) Foreign
				degrees shall be considered equivalent only after receipt of an evaluation
				report that the degree is substantially equivalent to an EAC/ABET accredited
				engineering curriculum from the Center for Professional Engineering Education
				Services, an affiliate of the National Council of Examiners for Engineering and
				Surveying (NCEES), or from the American Association of Collegiate Registrars
				and Admissions Officers (AACRAO). The Board shall equate the degree to an
				EAC/ABET accredited engineering curriculum of four or more years approved by
				the Board in Subparagraph (a)(1) of this Rule if it receives a substantially
				equivalent evaluation.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 56 - ENGINEERS AND SURVEYORS › Section .0500 - PROFESSIONAL ENGINEER › Section 56 .0503 - EXAMINATIONS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The Board
				offers the following examinations that are the national examinations of the
				National Council of Examiners for Engineering and Surveying (NCEES) with
				application made directly to NCEES to take the exam:
(1) Fundamentals of Engineering (FE): This
				examination is designed to test the applicant's proficiency and knowledge of
				the fundamentals of engineering; and
(2) Principles and Practice of Engineering
				(PE): This examination is designed to test the applicant's proficiency and
				knowledge of engineering principles and practices.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 56 - ENGINEERS AND SURVEYORS › Section .0500 - PROFESSIONAL ENGINEER › Section 56 .0504 - REPEALED - CERTIFICATES

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  89C-3;
				  89C-13;
				  89C-15;
				  89C-16;
Eff. February
				  1, 1976;
Readopted Eff. September 29, 1977;
Amended
				  Eff. January 1, 1982;
Repealed Eff. April 1,
				  1989.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 56 - ENGINEERS AND SURVEYORS › Section .0500 - PROFESSIONAL ENGINEER › Section 56 .0505 - EXPIRATIONS AND RENEWALS OF CERTIFICATES

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				Professional Engineer Licensure. An annual renewal fee of seventy-five dollars
				($75.00) for certificates of licensure for Professional Engineers shall be
				payable to the Board. The Board shall provide each licensed Professional
				Engineer a form that requires the licensee to provide the Board the physical
				places of business and residential addresses, report compliance with continuing
				education requirements, and report criminal convictions or disciplinary
				actions. The licensee shall give notice to the Board of a change of business or
				residential address within 30 days of the change. The licensee shall give
				notice to the Board of any criminal convictions, including DWI but not
				including minor traffic offenses (offenses that are not a misdemeanor or
				felony) or of any disciplinary actions in any jurisdiction on any license,
				within 30 days of the conviction or disciplinary action. A nolo contendere plea
				is equated to a conviction for reporting purposes.
(b) Engineering Intern Certificate. The
				Engineering Intern certificate does not expire and, therefore, does not have to
				be renewed.
(c) "Professional
				Engineer, Retired." The Board shall approve the application for use of the
				title for a person who has been duly licensed as a professional engineer by the
				Board, who chooses to relinquish or not to renew a license and has had no
				disciplinary action or criminal conviction that would support a determination
				that the licensee is not of good character and reputation.
Authority
				  G.S.
				  89C-10;
				  89C-17;
				  89C-3(8a);
Eff. February 1, 1976;
Readopted Eff. September 29,
				  1977;
Amended Eff. August 1, 2011; July 1, 2010; July 1, 2009;
				  December 4, 2002; August 1, 2000; August 1, 1998; May 1, 1994;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. April 27,
				  2019.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 56 - ENGINEERS AND SURVEYORS › Section .0500 - PROFESSIONAL ENGINEER › Section 56 .0506 - WAIVER FOR LICENSEES SERVING ON ACTIVE DUTY IN THE ARMED FORCES OF THE US

Current through Register Vol. 39, No. 2, July 15, 2024
(a) All Professional Engineers currently
				licensed by and in good standing with the Board (whose license is not suspended
				or revoked) who are serving in the armed forces of the United States and who
				are eligible for an extension of time to file a tax return pursuant to
				G.S.
				105-249.2 are granted a waiver of their
				mandatory continuing education requirements and annual renewal fee for the time
				period disregarded pursuant to the Internal Revenue Code
				26 U.S.C.
				7508.
(b) Request for waiver by an eligible
				licensee, meeting requirements in Paragraph (a) of this Rule, of renewal fee
				and waiver of continuing education requirements:
(1) The licensee shall notify the Board of
				eligibility before the current license expires. Upon such notification, the
				Board shall maintain the license in active status through the extension
				period.
(2) If the licensee fails
				to notify the Board of eligibility for the extension period before the current
				license expires, upon receipt and acceptance of a renewal application within
				the extension period and presentation of proof that the licensee was eligible
				on the date that is the deadline for renewal, the expired license or
				registration shall be deemed retroactively to have not expired.
(3) The licensee who submits a renewal
				application within the extension period shall not be deemed to hold a lapsed
				license subject to reinstatement fees.
(4) The licensee may renew the license within
				the extension period despite failing to complete the specified continuing
				education requirements.
(5) A
				licensee shall provide proof of eligibility for the extension period when the
				licensee or registrant submits the renewal application.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 56 - ENGINEERS AND SURVEYORS › Section .0600 - PROFESSIONAL LAND SURVEYOR › Section 56 .0602 - APPLICATION PROCEDURE: INDIVIDUAL

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				General. A person desiring to become a Professional Land Surveyor must make
				application to the Board on a form prescribed and furnished by the
				Board.
(b) Request. A request for
				the application form may be made to the Board office or obtained from the
				website.
(c) Application Forms:
(1) Surveyor Intern Certification Form. After
				passing the fundamentals of surveying examination an applicant may make
				application to the Board to become certified as a "Land Surveyor Intern." This
				form requires the applicant to set forth personal history, educational
				background, surveying experience, character references and exhibit. A
				passport-type photographic quality portrait that is adequate for current
				identification purposes is also required.
(2) Professional Land Surveyor Form:
(A) All persons, including comity applicants
				and certified Land Surveyor Interns, shall apply for licensure using the
				Professional Land Surveyor form. The submission of this form shall signify that
				the applicant seeks licensure, and shall result in seating for the principles
				and practice of surveying examination, when the applicant has met the
				requirements as set out in Rule .0601 of this Section. This form requires the
				applicant to set forth personal and educational background, surveying
				experience, character references and exhibit. A passport-type photographic
				quality portrait that is adequate for current identification purposes is also
				required.
(B) Persons who have
				previously completed the fundamentals examination by use of the Land Surveying
				Intern Application Form shall submit the Professional Land Surveyor Application
				Form to request licensure when qualified to take the examination.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 56 - ENGINEERS AND SURVEYORS › Section .0600 - PROFESSIONAL LAND SURVEYOR › Section 56 .0603 - EXAMINATIONS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The Board
				offers the following examinations that are the national examinations of the
				National Council of Examiners for Engineering and Surveying (NCEES) with
				application made directly to NCEES to take the exam:
(1) Fundamentals of Surveying (FS): This
				examination is designed to test the applicant's proficiency and knowledge of
				the fundamentals of surveying. (Reference to Fundamentals of Surveying is the
				revised name of the national exam that is the Fundamentals of Land Surveying in
				G.S. 89C); and
(2) Principles and
				Practice of Surveying. This examination is designed to test the applicant's
				proficiency and knowledge of land surveying practices and procedures generally
				and specifically within North Carolina. (Reference to Principles and Practice
				of Surveying is the revised name of the national exam that is the Principles
				and Practice of Land Surveying in G.S. 89C).
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 56 - ENGINEERS AND SURVEYORS › Section .0600 - PROFESSIONAL LAND SURVEYOR › Section 56 .0604 - REPEALED - STANDARDS OF PRACTICE

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  89C-10;
				  89C-21;
Eff. February
				  1, 1976;
Readopted Eff. September 29, 1977;
Amended
				  Eff. January 1, 1982;
Repealed Eff. July 1,
				  1989.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 56 - ENGINEERS AND SURVEYORS › Section .0600 - PROFESSIONAL LAND SURVEYOR › Section 56 .0605 - REPEALED - CERTIFICATES

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  89C-3;
				  89C-13;
				  89C-15;
				  89C-16;
Eff. February
				  1, 1976;
Readopted Eff. September 29, 1977;
Amended
				  Eff. January 1, 1982;
Repealed Eff. April 1,
				  1989.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 56 - ENGINEERS AND SURVEYORS › Section .0600 - PROFESSIONAL LAND SURVEYOR › Section 56 .0606 - EXPIRATIONS AND RENEWALS OF CERTIFICATES

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				Professional Land Surveyor Licensure. An annual renewal fee of seventy-five
				dollars ($75.00) for certificates of licensure for Professional Land Surveyors
				is payable to the Board. The Board shall provide each Professional Land
				Surveyor a form that requires the licensee to provide to the Board the physical
				places of business and residential addresses, report compliance with continuing
				education requirements, and report criminal convictions or disciplinary
				actions. The licensee shall give notice to the Board of a change of business or
				residential address within 30 days of the change. The licensee shall give
				notice to the Board of any criminal convictions, including DWI but not
				including minor traffic offenses (offenses that are not a misdemeanor or
				felony) of any disciplinary actions in any jurisdiction on any license, within
				30 days of the conviction or disciplinary action. A nolo contendere plea is
				equated to a conviction for reporting purposes.
(b) Surveyor Intern Certificate. The surveyor
				intern certificate does not expire and, therefore, does not have to be
				renewed.
(c) "Professional Land
				Surveyor, Retired." The Board shall approve the application for use of the
				title for a person who has been duly licensed as a Professional Land Surveyor
				by the Board, who chooses to relinquish or not to renew a license and has had
				no disciplinary action that would support a determination that the licensee is
				not of good character and reputation.
Authority
				  G.S.
				  89C-17;
				  89C-3(9a);
Eff. February 1, 1976;
Readopted Eff. September 29,
				  1977;
Amended Eff. August 1, 2011; July 1, 2010; July 1, 2009;
				  December 4, 2002; August 1, 2000; August 1, 1998; May 1, 1994;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. April 27,
				  2019.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 56 - ENGINEERS AND SURVEYORS › Section .0600 - PROFESSIONAL LAND SURVEYOR › Section 56 .0607 - WAIVER FOR LICENSEES SERVING ON ACTIVE DUTY IN THE ARMED FORCES OF THE US

Current through Register Vol. 39, No. 2, July 15, 2024
(a) All Professional Land Surveyors currently
				licensed by and in good standing with the Board (whose license is not suspended
				or revoked) who are serving in the armed forces of the United States and who
				are eligible for an extension of time to file a tax return pursuant to
				G.S.
				105-249.2 are granted a waiver of their
				mandatory continuing education requirements and annual renewal fee for the time
				period disregarded pursuant to the Internal Revenue Code
				26 U.S.C.
				7508.
(b) Request for waiver by an eligible
				licensee, meeting requirements in Paragraph (a) of this Rule, of renewal fee
				and waiver of continuing education requirements:
(1) The licensee shall notify the Board of
				eligibility before the current license expires. Upon such notification, the
				Board shall maintain the license in active status through the extension
				period.
(2) If the licensee fails
				to notify the Board of eligibility for the extension period before the current
				license expires, upon receipt and acceptance of a renewal application within
				the extension period and presentation of proof that the licensee was eligible
				on the date that is the deadline for renewal, the expired license or
				registration shall be deemed retroactively to have not expired.
(3) The licensee who submits a renewal
				application within the extension period shall not be deemed to hold a lapsed
				license subject to reinstatement fees.
(4) The licensee may renew the license within
				the extension period despite failing to complete the specified continuing
				education requirements.
(5) A
				licensee shall provide proof of eligibility for the extension period when the
				licensee or registrant submits the renewal application.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 56 - ENGINEERS AND SURVEYORS › Section .0600 - PROFESSIONAL LAND SURVEYOR › Section 56 .0608 - SURVEYOR INTERN

Current through Register Vol. 39, No. 2, July 15, 2024
(a) General. To
				obtain the optional certification as a Surveyor Intern, an applicant shall:
(1) pass the fundamentals of land surveying
				examination and make application to the Board on a form prescribed and
				furnished by the Board,
(2) be of
				good character and reputation,
(3)
				submit three character references to the Board, one of whom is a professional
				land surveyor,
(4) comply with the
				requirements of this rule, and
(5)
				satisfy one of the following requirements related to education and experience:
(A) Have a bachelor of science degree in
				surveying or other equivalent curricula, approved by the Board and a record
				satisfactory to the Board of one year of progressive practical experience under
				a practicing professional land surveyor.
(B) Have an associate degree in surveying
				technology approved by the Board and a record satisfactory to the Board of two
				years of progressive practical experience under a practicing professional land
				surveyor.
(C) Have graduated from
				high school or completed a high school equivalency certificate and a record
				satisfactory to the Board of five years of progressive practical experience,
				under a practicing professional land surveyor.
(D) Graduation from a high school or the
				completion of a high school equivalency certificate, completion of a Land
				Surveyor Apprenticeship, and a record satisfactory to the Board of three years
				of progressive practical experience under a practicing professional land
				surveyor.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 56 - ENGINEERS AND SURVEYORS › Section .0700 - RULES OF PROFESSIONAL CONDUCT › Section 56 .0701 - RULES OF PROFESSIONAL CONDUCT

Current through Register Vol. 39, No. 2, July 15, 2024
(a) In order to
				safeguard the life, health, property and welfare of the public and to establish
				and maintain a high standard of integrity, skills, and practice in the
				professions of engineering and land surveying, the Rules of Professional
				Conduct in this Rule are adopted in accordance with
				G.S.
				89C-20 and are binding upon every person
				holding a certificate of licensure as a Professional Engineer or Professional
				Land Surveyor (licensee), and on all business entities authorized to offer or
				perform engineering or land surveying services in this state. All persons
				licensed under the provisions of Chapter 89C of the General Statutes are
				charged with having knowledge of the Board Rules, including the Rules of
				Professional Conduct, and are deemed to be familiar with their provisions and
				to understand them.
(b) A
				licensee's practice shall not violate the rules of this Chapter or G.S. 89C and
				shall be conducted in a manner to protect the public health, safety, and
				welfare. The licensee shall at all times recognize the primary obligation to
				protect the public in the performance of their professional duties. If the
				licensee's engineering or land surveying judgment is overruled under
				circumstances where the safety, health and welfare of the public are
				endangered, the licensee shall inform the employer, the client, the contractor,
				other affected parties and any appropriate regulatory agency of the possible
				consequences of the situation.
(c)
				A licensee shall perform services only in areas of the licensee's competence
				and:
(1) Shall undertake to perform
				engineering and land surveying assignments only when qualified by education or
				experience in the specific technical field of professional engineering or land
				surveying involved;
(2) May accept
				an assignment or project requiring education or experience outside of the
				licensee's own areas of competence, but only to the extent that the services
				are restricted to those portions or disciplines of the assignment in which the
				licensee is qualified. All other portions or disciplines of such assignment
				shall be performed by associates, consultants, or employees who are licensed
				and competent in those portions or disciplines.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 56 - ENGINEERS AND SURVEYORS › Section .0700 - RULES OF PROFESSIONAL CONDUCT › Section 56 .0702 - RULES OF CONDUCT OF ADVERTISING

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The
				Professional Engineer or Professional Land Surveyor shall not make exaggerated,
				misleading, deceptive or false statements or claims about professional
				qualifications, experience or performance in brochures, correspondence,
				listings, or other public communications.
(b) The prohibitions listed in Paragraph (a)
				of this Rule include, but are not limited to, the use of statements containing
				a material misrepresentation of fact or omitting a material fact necessary to
				keep the statement from being misleading; statements intended or likely to
				create an unjustified expectation; and statements containing a prediction of
				future success.
(c) Consistent with
				the foregoing, the Professional Engineer or Professional Land Surveyor may
				advertise for recruitment of personnel.
(d) Consistent with the foregoing, the
				Professional Engineer or Professional Land Surveyor may prepare articles for
				the lay or technical press. Such articles shall not imply credit to the author
				for work performed by others.
Authority
				  G.S.
				  89C-20;
Eff. February 1,
				  1976;
Readopted Eff. September 29, 1977;
Amended Eff.
				  August 1, 2000; August 1, 1998; April 1, 1989; March 1, 1979;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. April 27,
				  2019.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 56 - ENGINEERS AND SURVEYORS › Section .0800 - FIRM REGISTRATION › Section 56 .0801 - REPEALED - REQUIREMENTS

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  55B-10;
				  89C-24;
Eff. February
				  1, 1976;
Readopted Eff. September 29, 1977;
Amended
				  Eff. January 1, 1982;
Repealed Eff. April 1,
				  1989.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 56 - ENGINEERS AND SURVEYORS › Section .0800 - FIRM REGISTRATION › Section 56 .0802 - PROCEDURE

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Professional
				Corporations and Limited Liability Companies:
(1) Request. A request for an application for
				licensure as a professional corporation or professional limited liability
				company engaged in the practice of engineering or land surveying may be made at
				the Board office at 4601 Six Forks Road, Suite 310, Raleigh, NC 27609 or
				obtained from the website at www.ncbels.org.
(2) Applicable Form. All professional
				corporations and professional limited liability companies complying with the
				statutory requirements of G.S. 89C, G.S. 55B and G.S. 57D that desire to
				practice engineering or land surveying shall apply by using a form prepared by
				the Board. This form shall require the applicant, by and through an officer,
				director and shareholder of the professional corporation or limited liability
				company who is licensed with the North Carolina Board of Examiners for
				Engineers and Surveyors in a profession of the services to be offered, to
				certify that it and the stockholders of the corporation or members of the
				limited liability company have complied with the provisions of the applicable
				provisions of the General Statutes. The form shall also require that the
				officers, directors, shareholders, members and professional employees be listed
				on that application.
(3)
				Certificate of Licensure:
(A) Upon receiving
				the application with application fee of one hundred dollars ($100.00), the
				Board, after determining that the firm has complied with the statutory
				requirements, shall issue a certificate of compliance.
(B) The firm shall forward the certificate of
				compliance to the Secretary of State along with its articles of incorporation
				or articles of organization.
(C)
				Upon approval by the Secretary of State, the firm shall forward to the Board a
				certified copy of its articles of incorporation or articles of
				organization.
(D) Upon receipt of
				the certified copy of the articles of the firm, if all statutory requirements
				have been met, the Board shall approve the application and issue the firm a
				certificate of licensure.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 56 - ENGINEERS AND SURVEYORS › Section .0800 - FIRM REGISTRATION › Section 56 .0803 - REPEALED - FEES

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  89C-10;
				  89C-24;
Eff. February
				  1, 1976; Readopted Eff. September 29, 1977;
Repealed Eff. April 1,
				  1989.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 56 - ENGINEERS AND SURVEYORS › Section .0800 - FIRM REGISTRATION › Section 56 .0804 - ANNUAL RENEWAL AND 30-DAY REPORTING OF VIOLATIONS AND CHANGE OF ADDRESS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Renewal. The certificate of licensure for
				a business shall be renewed annually.
(b) Expiration. The certificate of licensure
				expires on the last day of June following its issuance by the Board and becomes
				invalid on that date unless renewed.
(c) Written Application. The applicant shall
				submit a written application on a renewal form provided by the Board that
				requires the physical place of business address and report of disciplinary
				actions, accompanied by a fee of seventy-five dollars ($75.00). The Board shall
				renew the certificate of licensure, providing that the business has complied
				with all rules of the Board and applicable General Statutes of North Carolina.
				The form shall be provided to all licensees in good standing no later than June
				1st.
(d) Reporting. The business
				shall give notice to the Board on a change form within 30 days of any change
				of:
(1) business address and branch
				locations;
(2) resident
				professional or licensee in responsible charge;
(3) business name;
(4) officers, directors, or owners;
				or
(5) the services being offered.
The business shall give notice to the Board of any
				  disciplinary actions or conviction of any crime, in any jurisdiction on any
				  license within 30 days of the disciplinary action or conviction.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 56 - ENGINEERS AND SURVEYORS › Section .0800 - FIRM REGISTRATION › Section 56 .0805 - REPEALED - REGISTRATION NOT REQUIRED

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  55b-15;
				  89C-10;
				  89C-24;
Eff. February
				  1, 1976;
Readopted Eff. September 29, 1977;
Repealed
				  Eff. April 1, 1989.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 56 - ENGINEERS AND SURVEYORS › Section .0900 - BUSINESS ENTITIES: GENERAL › Section 56 .0902 - BUSINESS TITLES

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Companies,
				partnerships, corporations, limited liability companies, or any other business
				providing professional engineering or land surveying services in North Carolina
				shall not practice under a name that is misleading. Except as provided in
				Paragraph (b), for purposes of this Rule, "misleading" means that the titles of
				engineering or land surveying companies, partnerships, corporations, limited
				liability companies, or any other business organized for the primary purpose of
				providing such professional services shall not contain the name of an
				individual:
(1) who is not licensed to provide
				the professional services offered in North Carolina;
(2) who is not eligible for licensure by
				comity to provide the professional services offered in North Carolina under the
				provisions of
				G.S.
				89C-13; or
(3) who is licensed to provide the
				professional services, offered in North Carolina, in a state where the business
				(or of a successor to that business or business created to comply with G.S.
				55B), is incorporated, organized, or is authorized to transact
				business.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 56 - ENGINEERS AND SURVEYORS › Section .1000 - TEMPORARY PERMIT › Section 56 .1001-.1003

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  89C-10;
				  89C-25;
Eff. February
				  1, 1976;
Readopted Eff. September 29, 1977;
Amended
				  Eff. August 1, 2000; April 1, 1989; January 1, 1982;
Repealed Eff.
				  February 1, 2013.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 56 - ENGINEERS AND SURVEYORS › Section .1100 - SEAL › Section 56 .1101 - GENERAL

Current through Register Vol. 39, No. 2, July 15, 2024
It is misconduct for a Professional Engineer or Professional
				  Land Surveyor to seal work done by another individual unless the work is
				  performed under the "responsible charge" of the Professional Engineer or
				  Professional Land Surveyor.
Authority
				  G.S.
				  89C-3(10);
				  89C-10;
				  89C-16;
Eff. February
				  1, 1976;
Readopted Eff. September 29, 1977;
Amended
				  Eff. August 1, 2000; April 1, 1989; December 1, 1984; January 1,
				  1982;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. April 27,
				  2019.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 56 - ENGINEERS AND SURVEYORS › Section .1100 - SEAL › Section 56 .1102 - DESIGN

Current through Register Vol. 39, No. 2, July 15, 2024
The standard design of the seal shall be two concentric
				  circles in which North Carolina and the name of the licensee are placed within
				  the outermost circle and in which the license number of the licensee and either
				  "Professional Engineer" or "Professional Land Surveyor," is placed within the
				  innermost circle. The size shall be 1 1/2 to 1 3/4 inches in
				  diameter.
Authority
				  G.S.
				  89C-10;
				  89C-16;
Eff. February
				  1, 1976;
Readopted Eff. September 29, 1977;
Amended
				  Eff. May 1, 2009; August 1, 2000; August 1, 1998; April 1, 1989; January 1,
				  1982;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. April 27,
				  2019.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 56 - ENGINEERS AND SURVEYORS › Section .1100 - SEAL › Section 56 .1103 - STANDARD CERTIFICATION REQUIREMENTS

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				Certification of Final Drawings. Drawings or maps not subject to the exceptions
				in Paragraph (c) of this Rule shall conform to the following:
(1) Certification is required on
				reproducibles or original drawings;
(2) The seal may be a rubber stamp, embossed
				seal, computer-generated seal, or other facsimile that becomes a permanent
				addition to a plan sheet or map;
(3) The licensee's written signature must be
				placed over, or adjacent to, the seal on the original document. A facsimile
				signature is not acceptable;
(4)
				The date of signing must be annotated on the original document;
(5) All sheets of engineering and surveying
				drawings must be certified;
(6) The
				name, address and license number of the licensee's firm shall be included on
				each sheet of engineering drawings. For surveys, the name, address and license
				number of the licensee's firm shall be included on the first sheet of the
				survey or title sheet. The individual license number of the sole proprietor
				shall be used as the license number for an exempt sole proprietorship that
				meets the requirements of
				21 NCAC
				56 .0802(b)(1);
				and
(7) Any revision on a drawing
				after a licensee's certification is affixed shall be described and dated and if
				not done under the responsible charge of the same licensee shall be separately
				certified.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 56 - ENGINEERS AND SURVEYORS › Section .1100 - SEAL › Section 56 .1104 - REPEALED - CERTIFICATION WITH TEMPORARY PERMIT

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  89C-10;
				  89C-16;
				  89C-25;
Eff. February
				  1, 1976;
Readopted Eff. September 29, 1977;
Amended
				  Eff. August 1, 2000; August 1, 1998; February 1, 1996; April 1, 1989; January
				  1, 1982;
Repealed Eff. February 1,
				  2013.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 56 - ENGINEERS AND SURVEYORS › Section .1100 - SEAL › Section 56 .1105 - FIRM SEAL

Current through Register Vol. 39, No. 2, July 15, 2024
The use of a seal by a firm is not required for
				  certification. A firm seal is not authorized for use in lieu of the required
				  seal of a Professional Engineer or Professional Land Surveyor. When a firm seal
				  is used, it does not relieve the individual licensee of the requirements and
				  responsibilities pertaining to the individual's seal.
Authority
				  G.S.
				  89C-10;
				  89C-16;
				  89C-25;
Eff. February
				  1, 1976;
Readopted Eff. September 29, 1977;
Amended
				  Eff. August 1, 2000; August 1, 1998; May 1, 1994; January 1, 1982;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. April 27,
				  2019.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 56 - ENGINEERS AND SURVEYORS › Section .1100 - SEAL › Section 56 .1106 - CERTIFICATION OF STANDARD DESIGN PLANS

Current through Register Vol. 39, No. 2, July 15, 2024
Standard design plans that were initially prepared and
				  certified by an individual who is a licensed engineer in the state of origin of
				  such plans (including North Carolina) may then be reviewed by a North Carolina
				  Professional Engineer for code conformance, design adequacy, and site
				  adaptation for the specific application within North Carolina. The reviewing
				  Professional Engineer who is licensed in North Carolina assumes responsibility
				  for such standard designs. Standard plans, which bear the seal of the original
				  design engineer who is a licensed engineer in another state, or North Carolina,
				  shall be sealed by the reviewing North Carolina Professional Engineer who is
				  assuming responsibility. In addition to the seal, a statement shall be included
				  as follows: "These plans have been properly examined by the undersigned. I have
				  determined that they comply with existing local North Carolina codes, and have
				  been properly site adapted for use in this area."
Authority
				  G.S.
				  89C-10;
				  89C-16;
Eff. February
				  1, 1976;
Readopted Eff. September 29, 1977;
Amended
				  Eff. May 1, 2009; August 1, 2000; August 1, 1998; April 1, 1989; December 1,
				  1984; January 1, 1982;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. April 27,
				  2019.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 56 - ENGINEERS AND SURVEYORS › Section .1100 - SEAL › Section 56 .1107-.1108

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  89C-10;
				  89C-16;
				  89C-21;
Eff. January
				  1, 1982;
Amended Eff. December 1, 1984;
Repealed Eff.
				  April 1, 1989.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 56 - ENGINEERS AND SURVEYORS › Section .1200 - RULEMAKING PROCEDURES › Section 56 .1201 - PETITIONS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Any person
				wishing to submit a petition requesting the adoption, amendment or repeal of a
				rule by the Board shall send the petition to the executive director at the
				Board's office in Raleigh, North Carolina.
(b) The petition shall contain the following
				information:
(1) a draft of the proposed
				rule;
(2) reason for
				proposal;
(3) effect on existing
				rules;
(4) any data supporting
				proposal;
(5) effect of the
				proposed rule on existing practices in the area involved, including cost
				factors;
(6) names of those most
				likely to be affected by the proposed rule, with addresses if reasonably known;
				and
(7) name and address of each
				petitioner.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 56 - ENGINEERS AND SURVEYORS › Section .1200 - RULEMAKING PROCEDURES › Section 56 .1202 - REPEALED - NOTICE

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  89C-10;
				  150A-12(c);
				  150A-12;
Eff.
				  February 1, 1976;
Readopted Eff. September 29, 1977;
Amended Eff. December 1, 1984;
Repealed Eff. April 1,
				  1989.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 56 - ENGINEERS AND SURVEYORS › Section .1200 - RULEMAKING PROCEDURES › Section 56 .1203 - HEARINGS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Unless
				otherwise stated in a particular rulemaking notice, hearings before the Board
				shall be held in the Board office.
(b) Presentations may not exceed 10 minutes
				unless, upon request, either before or at the hearing, the Board grants an
				extension of time, for a fuller explanation.
(c) Upon receipt of a request to make an oral
				presentation the executive director shall acknowledge receipt of the request,
				and inform the person making the request of the imposition of any limitations
				deemed necessary to the end of a full and effective public hearing on the
				proposed rule.
(d) Any person may
				file a written submission containing data, comments or arguments after
				publication of a rulemaking notice as allowed by
				G.S.
				150B-21.2(f). Written
				submissions, except when otherwise stated in the particular rulemaking notice,
				shall be sent to the Board. Such submissions shall clearly state the proposed
				rule(s) to which the comments are addressed.
(e) Upon receipt of such written comments,
				prompt acknowledgment shall be made by the Board.
(f) The presiding officer at the hearing
				shall have complete control of the proceedings, including extensions of any
				time requirements, recognition of speakers, time allotments for presentations,
				direction of the flow of the discussion and the management of the hearing. The
				presiding officer, at all times, shall take care that each person participating
				in the hearing is given a fair opportunity to present views, data and
				comments.
(g) A record of all
				rulemaking proceedings shall be maintained at the Board's office.
Authority
				  G.S.
				  89C-10;
				  150B-21.2;
Eff.
				  February 1, 1976;
Readopted Eff. September 29, 1977;
Amended Eff. August 1, 2000; August 1, 1998; April 1, 1989; January 1,
				  1982;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. April 27,
				  2019.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 56 - ENGINEERS AND SURVEYORS › Section .1200 - RULEMAKING PROCEDURES › Section 56 .1204 - REPEALED - EMERGENCY RULES

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  89C-10;
				  150A-13;
Eff.
				  February 1, 1976;
Readopted Eff. September 29, 1977;
Repealed Eff. April 1, 1989.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 56 - ENGINEERS AND SURVEYORS › Section .1200 - RULEMAKING PROCEDURES › Section 56 .1205 - DECLARATORY RULINGS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Any person
				substantially affected by a statute administered or rule promulgated by the
				Board may request a declaratory ruling as to whether or how the statute or rule
				applies to a given factual situation or whether a particular agency rule is
				valid.
(b) All requests for
				declaratory rulings shall be written and mailed to the Board.
(c) All requests for a declaratory ruling
				must include the following information:
(1)
				name and address of petitioner;
(2)
				statute or rule to which petition relates;
(3) concise statement of the manner in which
				petitioner is aggrieved by the rule or statute or its potential application to
				petitioner;
(4) a statement of
				whether an oral hearing is desired, and if so, the reasons for such an oral
				hearing.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 56 - ENGINEERS AND SURVEYORS › Section .1300 - BOARD DISCIPLINARY PROCEDURES › Section 56 .1302 - UNLAWFUL PRACTICE BY AN UNLICENSED PERSON

Current through Register Vol. 39, No. 2, July 15, 2024
(a) General.
				Alleged unlawful practice by an unlicensed person shall be subject to Board
				investigation and enforcement, to include applying for relief by injunction or
				referral to an agency of the State for appropriate legal action.
(b) Preferring Charges. Any person who
				believes that any person or business (party) is in violation of the acts
				specified in G.S. 89C may prefer charges against that person or business, in
				the form of a complaint, completed to the best of that individual's knowledge
				and belief, in the form of a complaint, along with providing corroborative
				evidence that helps support the charges. An optional complaint form is provided
				by the Board to aid in filing the complaint.
(c) Preliminary Determination:
(1) Upon receipt of a filed charge that meets
				requirements of G.S. 89C and the rules of the Board a case shall be opened.
				Other information indicating that a party is in violation of the provisions of
				G.S. 89C or the rules of the Board may be a basis for opening a case by the
				Board.
(2) A field investigation
				may be performed if determined necessary by the Executive Director in order to
				obtain additional information and evidence.
(3) If the Executive Director determines that
				charges are corroborated by evidence, a written notice and explanation of the
				charge shall be forwarded to the person or business against whom the charge is
				made and a response is requested, within 15 days, to show compliance with G.S.
				89C. Notice of the charge and of the alleged facts or alleged conduct shall be
				given personally or by certified mail, return receipt requested.
(4) After preliminary evidence has been
				obtained, the matter shall be referred to the Board's review committee, which
				is made up of the following individuals:
(A)
				one member of the Board;
(B) the
				legal counsel of the Board; and
(C)
				the Executive Director of the Board or Assistant Executive Director if
				designated by the Executive Director.
(5) Upon review of the available evidence,
				the review committee shall recommend to the Board that:
(A) the investigation be continued and the
				party be notified with an explanation of the charge(s) and given an opportunity
				to provide a response to show compliance with G.S. 89C;
(B) the charge be dismissed as unfounded or
				trivial;
(C) a letter be issued
				informing of the possible violation of G.S. 89C and that further action may be
				pursued under
				G.S.
				89C-23; or
(D) the matter be referred to an appropriate
				agency for necessary legal action.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 56 - ENGINEERS AND SURVEYORS › Section .1400 - CONTESTED CASES › Section 56 .1401 - GENERAL RULES

Current through Register Vol. 39, No. 2, July 15, 2024
Whenever the Board, by its official action, acts in such a
				  way as to affect the rights, duties, or privileges of a specific identified
				  party, that party, upon request, will be given an administrative
				  hearing.
Authority
				  G.S.
				  89C-10;
				  89C-21;
				  89C-22;
				  150B-38;
Eff.
				  February 1, 1976;
Readopted Eff. September 29, 1977;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. April 27,
				  2019.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 56 - ENGINEERS AND SURVEYORS › Section .1400 - CONTESTED CASES › Section 56 .1402 - OPPORTUNITY FOR LICENSEE OR APPLICANT TO HAVE HEARING

Current through Register Vol. 39, No. 2, July 15, 2024
Every licensee or applicant for a license shall be afforded
				  notice and an opportunity to be heard on any action, where the effect would
				  be:
(1) to deny permission to take an
				examination for licensing for which application has been duly made;
(2) to deny a license based on
				comity;
(3) to deny a license after
				an applicant has taken and passed an examination;
(4) to require re-examination for
				licensing;
(5) to withhold the
				renewal of a license for any cause other than failure to pay a statutory
				renewal fee;
(6) to suspend a
				license;
(7) to revoke a
				license;
(8) to impose a civil
				penalty;
(9) to issue a
				reprimand;
(10) to refuse to
				renew;
(11) to refuse to reinstate;
				or
(12) to require additional
				education.
Authority
				  G.S.
				  89C-10;
				  89C-21;
				  89C-22;
				  150B-38;
Eff.
				  February 1, 1976;
Readopted Eff. September 29, 1977;
Amended Eff. August 1, 2014; April 1, 1989; January 1, 1982;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. April 27,
				  2019.