reglab/statecodes huggingface dataset:
Oklahoma Administrative Code › Title 245 - State Board of Licensure for Professional Engineers and Land Surveyors › Chapter 15 - Licensure and Practice of Professional Engineers and Land Surveyors › Subchapter 13 - Minimum Standards for the Practice of Land Surveying › Section 245:15-13-4 - Mortgage Inspection Report

Current through Vol. 41, No. 20, July 1, 2024
(a) A Professional Land Surveyor may prepare
				a Mortgage Inspection Report for the use of a specific client based upon their
				general knowledge of land boundaries and monuments in a given area. Such report
				shall be prominently labeled 'Mortgage Inspection Report - Not a Land or
				Boundary Survey' and shall not be designated as, or construed as being, a Land
				or Boundary Survey. Professional Land Surveyors showing measurements on a
				mortgage inspection report that are not true representations of the conditions
				that were found at the time of the inspection will be in violation of the
				Minimum Standards for the Practice of Land Surveying. The statement furnished
				on the certificate shall be similar to the following form:
(b) 'This Mortgage Inspection Report was
				prepared for .. (individual or firm)... It is not a land or boundary survey
				plat, and it is not to be relied upon for the establishment of fence, building
				or other future improvement lines. The accompanying sketch is a true
				representation of the conditions that were found at the time of the inspection,
				and the linear and angular values shown on the sketch, if any, are based on
				record or deed information and have not been verified unless noted.'
(c) Any further statements shall be made only
				after proper research, investigation and boundary analysis is conducted per
				245:15-13-2(a) through
				(f).
Added at 30 Ok Reg 1928, eff
				  7-25-13
Oklahoma Administrative Code › Title 245 - State Board of Licensure for Professional Engineers and Land Surveyors › Chapter 15 - Licensure and Practice of Professional Engineers and Land Surveyors › Subchapter 15 - Ethical Marketing of Services › Section 245:15-15-1 - Purpose; scope

Current through Vol. 41, No. 20, July 1, 2024
Engineering and land surveying are important and learned
				  professions. Engineers and Land Surveyors must recognize that their work has a
				  direct and vital impact on the quality of life for all. Therefore, the services
				  provided by engineers and land surveyors require honesty, impartiality,
				  fairness and equity, and must be dedicated to the protection of the public
				  health, safety and welfare. In the practice of the profession, engineers and
				  land surveyors must perform under a standard of professional behavior which
				  requires adherence to the principles of ethical conduct on behalf of the
				  public, clients and the professions.
Added at 10 Ok Reg 2211,
				  eff 6-11-93; Amended at 23 Ok Reg 896, eff
				  5-11-06
Oklahoma Administrative Code › Title 245 - State Board of Licensure for Professional Engineers and Land Surveyors › Chapter 15 - Licensure and Practice of Professional Engineers and Land Surveyors › Subchapter 15 - Ethical Marketing of Services › Section 245:15-15-2 - Definitions

Current through Vol. 41, No. 20, July 1, 2024
The following words or terms, when used in this Subchapter,
				  shall have the following meaning, unless the context clearly indicates
				  otherwise:
"Ethical marketing of professional services"
means the solicitation or offer by a licensee, either as an individual or on
				  behalf of a firm, to provide professional services for a potential governmental
				  client, based on the licensee's professional qualifications, technical ability,
				  specialized training, and the ability to provide the services to the client in
				  a timely manner; with the fee for said services entering into the discussions
				  only after said client has selected licensee as qualified to provide the
				  services required. For the purpose of this Subchapter, if an individual who is
				  not a licensee (i.e. Marketing Director, etc.) is acting on behalf of a firm,
				  as defined in the act, the firm shall be held responsible for the actions of
				  the non-licensee.
"Government client"
means any federal, state,
				  county and city governmental bodies including, but not limited to, all
				  departments, agencies, quasi public governmental agencies, authorities,
				  sub-state planning districts, boards, commissions, offices, institutions,
				  colleges, universities and all individuals acting under authority to represent
				  such governmental bodies.
Added at 10 Ok Reg 2211,
				  eff 6-11-93; Amended at 19 Ok Reg 2029, eff 7-11-02; Amended at 23 Ok Reg 896,
				  eff 5-11-06
Oklahoma Administrative Code › Title 245 - State Board of Licensure for Professional Engineers and Land Surveyors › Chapter 15 - Licensure and Practice of Professional Engineers and Land Surveyors › Subchapter 15 - Ethical Marketing of Services › Section 245:15-15-3 - Professional obligation in solicitation of professional employment

Current through Vol. 41, No. 20, July 1, 2024
(a) The
				Professional Engineer or Land Surveyor shall not supplant, nor attempt to
				supplant, directly or indirectly, another Professional Engineer and/or Land
				Surveyor in a particular engineering or land surveying project. The furnishing
				of informative brochures on one's self or one's firm is not considered an
				attempt to supplant.
(b) A
				Professional Engineer or Land Surveyor, acting individually or through a firm,
				shall neither request, propose, nor accept an agreement, contract or commission
				for professional services on a "contingency basis" unless there is a
				conflicting funding requirement. For the purpose of adjudging the provisions of
				this section, "Contingency basis" shall be interpreted only to include:
(1) The preparation of preliminary reports
				and/or applications for funds, where the fee involved is to be paid only after
				such submission or approval, or the fee is substantially below the actual cost
				of performing the service, or
(2)
				Reviewing for approval preliminary reports and/or applications for funds, where
				the fee involved is to be paid only after such submission or approval or the
				fee is substantially below the actual cost of performing the service.
Oklahoma Administrative Code › Title 245 - State Board of Licensure for Professional Engineers and Land Surveyors › Chapter 15 - Licensure and Practice of Professional Engineers and Land Surveyors › Subchapter 17 - Licensee's Seal › Section 245:15-17-2 - Use of seal

Current through Vol. 41, No. 20, July 1, 2024
(a) The application of the licensee's signature and date of signature to a sealed document shall constitute certification that the work thereon was done by the licensee or under the licensee's direct control and personal supervision, as defined by statute, and that the licensee accepts full responsibility and liability for the professional work represented thereon. Authorized use of the prescribed seal is an individual act. The licensee is responsible for its security at all times. The licensee shall permit no other person, firm, or entity to use the prescribed seal. The seal shall be affixed to documents and instruments only during the time the licensee's license is current and in good standing. Whenever the seal is applied, the document must be signed by the licensee thereby certifying that he or she is competent in the subject matter, has declared the designated area(s) of competence in the record of the Board, and was in direct control and personal supervision of the work product.
(b) Licensees must affix their seal, signature and date of signature to documents or drawings which reflect work for which the licensee has responsible charge, as defined, including revisions and addenda thereto. In the case when multiple licensees are involved, each sheet in a set of drawings shall contain the seal, signature and date of the licensee responsible. A licensee not practicing as, or through a firm shall also include contact information to include address and phone number.
(c) Regarding professional engineering, the licensee is responsible for meeting and documenting all of the following requirements to be in direct control and personal supervision of the work, whether the work is performed remotely or locally:
(1) The client requesting preparation of such plans, specifications, drawings, reports, or other documents makes the request directly to the licensee, a managing agent or authorized employee of the licensee's firm; and
(2) The licensee supervises the preparation of the plans, specifications, drawings, reports, or other documents and has input into their preparation prior to their completion and reviews the final plans, specifications, drawings, reports, or other documents prior to signing and sealing the work; and
(3) The licensee has the authority to, and does, make any necessary and appropriate changes to the final plans, specifications, drawings, reports, or other documents prior to signing and sealing the work; and
(4) A professional engineer who signs and seals work must be capable of answering questions as to the engineering decisions made during the work on the project in sufficient detail as to leave little doubt as to the professional engineer's competence for the work performed.
Oklahoma Administrative Code › Title 245 - State Board of Licensure for Professional Engineers and Land Surveyors › Chapter 15 - Licensure and Practice of Professional Engineers and Land Surveyors › Subchapter 19 - Organizational Practice › Section 245:15-19-1 - Certificate of Authorization required

Current through Vol. 41, No. 20, July 1, 2024
Firms practicing, offering to practice or contracting to
				  perform engineering or land surveying services in the State of Oklahoma shall
				  obtain a Certificate of Authorization issued by the Board. Certificates of
				  Authorization may be granted by the Board to any firm approved by the Board
				  which meets the criteria in the Statutes and this Chapter.
Added at 10 Ok Reg 2211, eff 6-11-93; Amended
				  at 18 Ok Reg 3023, eff 7-12-01; Amended at 30 Ok Reg 1928, eff
				  7-25-13
Oklahoma Administrative Code › Title 245 - State Board of Licensure for Professional Engineers and Land Surveyors › Chapter 15 - Licensure and Practice of Professional Engineers and Land Surveyors › Subchapter 19 - Organizational Practice › Section 245:15-19-2 - Criteria for issuance of Certificate of Authorization

Current through Vol. 41, No. 20, July 1, 2024
The Board may grant a Certificate of Authorization to
				  practice through individual licensees to those firms meeting the following
				  criteria:
(1) An application is filed
				and approved by the Board or its designee.
(2) A firm offering engineering and/or
				surveying services shall designate an engineer or land surveyor, respectively,
				to be the managing agent for the firm. A firm offering both engineering and
				land surveying services must have a licensed professional engineer and licensed
				professional land surveyor listed as managing agent. The designated managing
				agent(s) must hold a position of recognized authority within the firm. A
				licensee who does not hold an otherwise qualifying title within a firm, as
				described in Title 59, 475.21(F), shall qualify as a managing agent under the
				following conditions:
(A) the licensee shall
				be a full-time employee of the firm and not a consultant or an independent
				contractor;
(B) the licensee shall
				hold the proper professional license in good-standing with the Board;
				and
(C) the licensee and firm both
				shall certify that the licensee can fulfill the responsibilities of the
				managing agent, including:
(i) renewal and
				maintenance of the firm's certificate of authorization and notification to the
				Board of any change in managing agent or firm's contact information within 30
				days of the change;
(ii) overall
				administrative supervision of the firm's licensed and subordinate personnel
				performing engineering or surveying work, respectively, in Oklahoma;
				and
(iii) the institution and
				adherence of policies of the firm that are in accordance with Section
				475.1
				et seq. of this title, Section 3.116 et seq. of Title 65, and of the Oklahoma
				Statutes and Rules of this Board..
Oklahoma Administrative Code › Title 245 - State Board of Licensure for Professional Engineers and Land Surveyors › Chapter 15 - Licensure and Practice of Professional Engineers and Land Surveyors › Subchapter 19 - Organizational Practice › Section 245:15-19-3 - Biennial license for Certificate of Authorization

Current through Vol. 41, No. 20, July 1, 2024
(a) A firm desiring to practice under the
				Certificate of Authorization must submit the proper fees and forms for renewal
				biennially. No Certificate of Authorization shall be valid for longer than a
				two (2) year period.
(b) Failure to
				biennially renew and remit renewal fees by the renewal date will result in
				automatic revocation of the Certificate of Authorization.
(c) One notice of revocation will be sent to
				the last known address of the firm failing to biennially renew and remit
				renewal fees.
Added at 10 Ok Reg 2211,
				  eff 6-11-93; Amended at 18 Ok Reg 3023, eff 7-12-01; Amended at 20 Ok Reg 1568,
				  eff 7-11-03; Amended at 23 Ok Reg 896, eff
				  5-11-06
Oklahoma Administrative Code › Title 245 - State Board of Licensure for Professional Engineers and Land Surveyors › Chapter 15 - Licensure and Practice of Professional Engineers and Land Surveyors › Subchapter 19 - Organizational Practice › Section 245:15-19-4 - Reinstatement of revoked Certificate of Authorization

Current through Vol. 41, No. 20, July 1, 2024
(a) Certificates of Authorization revoked for
				nonpayment of fees, may be reinstated within one hundred eighty (180) days of
				revocation after payment of the reinstatement fee and renewal fee.
(b) Certificates of Authorization revoked for
				longer than one hundred eighty (180) days without reinstatement must submit a
				new application and fee to be considered by the Board. If reinstatement is
				within one hundred eighty (180) days following the date of the revocation, then
				the Certificate of Authorization will be deemed to have been continuous. The
				practice of engineering or land surveying by and through a firm whose
				Certificate of Authorization has been revoked, including practice during any
				eligible reinstatement period, is a violation of Title 59, Section
				475.1
				et seq and the Rules of this Board.
(c) Certificates of Authorization suspended,
				denied, refused renewal, or revoked for cause may be reinstated only by Board
				action and only then in the manner determined by such Board action. Requests
				for reinstatement of the Certificate of Authorization revoked for cause shall
				be addressed to the Board at the Board office and shall show cause why such
				reinstatement is justified.
Added at 10 Ok Reg 2211,
				  eff 6-11-93; Amended at 18 Ok Reg 3023, eff 7-12-01; Amended at 20 Ok Reg 1568,
				  eff 7-11-03; Amended at 23 Ok Reg 896, eff 5-11-06; Amended at 26 Ok Reg 1035,
				  eff 5-11-09
Oklahoma Administrative Code › Title 245 - State Board of Licensure for Professional Engineers and Land Surveyors › Chapter 15 - Licensure and Practice of Professional Engineers and Land Surveyors › Subchapter 19 - Organizational Practice › Section 245:15-19-5 - Compliance with laws, rules, regulations and orders

Current through Vol. 41, No. 20, July 1, 2024
(a) All firms and entities shall comply with
				all laws, rules, regulations and orders issued to the same extent as they apply
				to an individual engineer or land surveyor.
(b) The Board shall investigate complaints,
				hold hearings, issue orders and determine penalties against firms and entities
				in the same manner, procedure, and with the same rights and offenses as are
				authorized against an individual engineer or land surveyor, as designated in
				this Chapter.
(c) Upon notice of
				the Board, Certificates of Authorization suspended, refused renewal, or revoked
				for cause by Board action shall be surrendered immediately in the manner
				prescribed by that notice.
Added at 10 Ok Reg 2211,
				  eff 6-11-93; Amended at 23 Ok Reg 896, eff
				  5-11-06
Oklahoma Administrative Code › Title 245 - State Board of Licensure for Professional Engineers and Land Surveyors › Chapter 15 - Licensure and Practice of Professional Engineers and Land Surveyors › Subchapter 19 - Organizational Practice › Section 245:15-19-6 - Notification of changes in firm practice required

Current through Vol. 41, No. 20, July 1, 2024
Firms shall notify the Board office within thirty (30) days
				  of any or all changes which affect the Certificate of Authorization.
				  Notification shall be on the Board's form, signed by a Professional Engineer or
				  Land Surveyor designated in responsible charge on the Certificate of
				  Authorization or partner or director of the, firm, and accompanied by the fees
				  prescribed in Chapter 2 of this title. Failure to properly and promptly notify
				  the Board of changes shall be cause for penalties, revocation, refusal to renew
				  or suspension of the Certificate of Authorization, as designated in the Rules
				  of Procedure of the Board.
Added at 10 Ok Reg 2211,
				  eff 6-11-93; Amended at 18 Ok Reg 3023, eff 7-12-01; Amended at 23 Ok Reg 896,
				  eff 5-11-06
Oklahoma Administrative Code › Title 245 - State Board of Licensure for Professional Engineers and Land Surveyors › Chapter 15 - Licensure and Practice of Professional Engineers and Land Surveyors › Subchapter 19 - Organizational Practice › Section 245:15-19-7 - Authority to use professional titles

Current through Vol. 41, No. 20, July 1, 2024
(a) Only persons holding current Certificates
				of Licensure in Oklahoma and firms or entities holding current Certificates of
				Authorization issued by the Board, are authorized to employ the title
				"Engineer" or "Land Surveyor" and use any various construction thereof, in
				describing or identifying services solicited, offered, contracted or
				performed.
(b) No other person,
				entity, or firm may employ the title "Engineer" or "Land Surveyor" or any
				various construction thereof, to describe persons, entities or services, nor do
				such unlicensed individuals, firms or entities have authority to solicit,
				offer, contract or execute engineering or land surveying services in the State
				of Oklahoma.
Added at 10 Ok Reg 2211,
				  eff 6-11-93; Amended at 20 Ok Reg 1568, eff 7-11-03; Amended at 23 Ok Reg 896,
				  eff 5-11-06
Oklahoma Administrative Code › Title 245 - State Board of Licensure for Professional Engineers and Land Surveyors › Chapter 15 - Licensure and Practice of Professional Engineers and Land Surveyors › Subchapter 19 - Organizational Practice › Section 245:15-19-8 - Firms required to file with Secretary of State; restriction on similar names

Current through Vol. 41, No. 20, July 1, 2024
(a) Failure to
				properly file a Certificate of Incorporation or authentication and maintain
				same with the Secretary of State may result in revocation of the Certificate of
				Authorization and disciplinary action pursuant to the Rules of this
				Chapter.
(b) The name of a firm or
				entity shall not be the same as or deceptively similar to the name of any other
				firm or entity then existing. The name shall not be the same or deceptively
				similar to any name that has existed within the preceding three (3) years,
				without the written consent of the previously existing firm or
				entity.
Added at 10 Ok Reg 2211,
				  eff 6-11-93; Amended at 18 Ok Reg 3023, eff 7-12-01; Amended at 23 Ok Reg 896,
				  eff 5-11-06; Amended at 27 Ok Reg 1150, eff
				  5-27-10
Oklahoma Administrative Code › Title 245 - State Board of Licensure for Professional Engineers and Land Surveyors › Chapter 15 - Licensure and Practice of Professional Engineers and Land Surveyors › Subchapter 19 - Organizational Practice › Section 245:15-19-9 - Exceptions

Current through Vol. 41, No. 20, July 1, 2024
(a) A firm whose
				business does not consist, either wholly or in part, of the rendering of
				engineering or land surveying services to the public is allowed without
				obtaining a Certificate of Authorization, providing they are also in compliance
				with OAC
				245:15-19-7.
(b) The work of a person rendering
				engineering or land surveying services to a firm as an employee of the firm,
				when the services are rendered in carrying on the general business of the firm
				and the general business does not consist, either wholly or in part, of the
				rendering of engineering or land surveying servicers to the public, is allowed
				under the provision of O.S. Title 59, Section
				475.1
				et seq.
(c) The use of the terms
				'network engineering' or 'software engineering' by firms and 'network engineer'
				or 'software engineer' by individuals is allowed under provisions of O.S.
				Title59, Section
				475.1
				et seq. Firms may not use the word engineer or any derivative thereof in the
				name of the firm and individuals and firms are prohibited from offering or
				performing professional engineering services without being duly licensed or
				authorized to do so.
Added at 27 Ok Reg 1150,
				  eff 5-27-10
Oklahoma Administrative Code › Title 245 - State Board of Licensure for Professional Engineers and Land Surveyors › Chapter 15 - Licensure and Practice of Professional Engineers and Land Surveyors › Subchapter 21 - Corner Perpetuation And Filing Act Requirements › Section 245:15-21-1 - Purpose

Current through Vol. 41, No. 20, July 1, 2024
The purpose of the Corner Perpetuation and Filing Act, 65
				  O.S. Sections 3 - 116- 3.123 is to protect and perpetuate public land survey
				  corners and information concerning the location of such corners, by requiring
				  the systematic establishment of monuments and filing of information concerning
				  the marking of the location of such public land survey corners. The Archives
				  and Records Division of the Oklahoma Department of Libraries serves as the
				  registry for Certified Corner Records. Certified Corner Records may be filed
				  directly with the Archives and Records Division of the Oklahoma Department of
				  Libraries or with a Board-approved vendor, which may accept digital Certified
				  Corner Records from licensees and shall submit them on behalf of the licensee
				  to the Archives and Records Division of the Oklahoma Department of Libraries.
				  The Board is charged, by law, with the responsibility to prescribe the
				  information to be included, to prescribe the form in which such Certified
				  Corner Records shall be presented and filed, and to enforce the provisions of
				  the Act.
Added at 10 Ok Reg 2211, eff 6-11-93; Amended
				  at 23 Ok Reg 896, eff 5-11-06; Amended at 26 Ok Reg 1035, eff 5-11-09; Amended
				  at 30 Ok Reg 1928, eff 7-25-13
Oklahoma Administrative Code › Title 245 - State Board of Licensure for Professional Engineers and Land Surveyors › Chapter 15 - Licensure and Practice of Professional Engineers and Land Surveyors › Subchapter 21 - Corner Perpetuation And Filing Act Requirements › Section 245:15-21-2 - Recordation of corners

Current through Vol. 41, No. 20, July 1, 2024
(a) Each
				Certified Corner Record shall be prepared on the Certified Corner Record Form
				adopted by the Board in accordance with the Instruction Manual for Oklahoma
				Certified Corner Records adopted by the Board.
(b) The Professional Land Surveyor shall
				complete and file a Certified Corner Record for every public land survey corner
				which is established, reestablished, monumented, remonu-mented, restored,
				rehabilitated, perpetuated, or used as control in any survey. In addition, the
				center one quarter corner shall be filed if it is monumented or an existing
				monument is accepted. The completed Certified Corner Record shall be filed
				within ninety (90) days after the survey is completed, unless the public land
				survey corner and accessories are substantially as described in an existing,
				filed Certified Corner Record. The Board shall consider a survey complete when
				any one of the following occurs:
(1)
				Monuments have been established; or
(2) A plat or drawing has been submitted;
				or
(3) Field notes for plans or
				planned purposed have been submitted.
Oklahoma Administrative Code › Title 245 - State Board of Licensure for Professional Engineers and Land Surveyors › Chapter 15 - Licensure and Practice of Professional Engineers and Land Surveyors › Subchapter 21 - Corner Perpetuation And Filing Act Requirements › Section 245:15-21-3 - Specifications for Certified Corner Records

Current through Vol. 41, No. 20, July 1, 2024
The Board has established the following specifications for
				  Certified Corner Records, which are also included in theInstruction Manual for
				  Certified Corner Records adopted by the Board :
(1) Each Certified Corner Record shall be
				signed, sealed and dated in the manner prescribed by Title 59, O.S. Section
				475.15
				and OAC
				245:15-17-2.
(2) Each Certified Corner Record shall be
				complete, accurate and contain the following information:
(A) Classification as either an existent,
				obliterated or lost corner, as defined by the current Manual of Surveying
				Instructions published by the United States Bureau of Land Management;
				and
(B) Corner identity;
				and
(C) Description of the original
				monument, accessories, and any subsequent restoration by the United States
				government; and
(D) Monument
				description when the corner monument is found and a listing of sufficient
				supporting evidence; or monument description when the monument is set, the
				method used if the corner is classified as lost, and a listing of sufficient
				evidence to support the position if the corner is obliterated; and
(E) Description of, and angular and linear
				measurements to, at least three (3) readily identifiable and permanent
				accessories; and
(F) A legible
				sketch showing the relative positions of the monument, the accessories,
				streets, any conflicting monuments and other identifying features, including a
				north arrow; and
(G) Oklahoma state
				plane coordinates (if determined); and
(H) Professional Land Surveyor's
				certificate.
Oklahoma Administrative Code › Title 245 - State Board of Licensure for Professional Engineers and Land Surveyors › Chapter 15 - Licensure and Practice of Professional Engineers and Land Surveyors › Subchapter 21 - Corner Perpetuation And Filing Act Requirements › Section 245:15-21-4 - Remonumentation of corners

Current through Vol. 41, No. 20, July 1, 2024
In every case where a Certified Corner Record of a public
				  land survey corner is required to be filed or recorded, the Professional Land
				  Surveyor shall reconstruct or rehabilitate the monument of such corner, and
				  accessories to such corner, so that it will be as permanent a monument as is
				  reasonably possible to provide and so that it may be located with facility in
				  the future.
Added at 10 Ok Reg 2211,
				  eff 6-11-93; Amended at 26 Ok Reg 1035, eff
				  5-11-09
Oklahoma Administrative Code › Title 245 - State Board of Licensure for Professional Engineers and Land Surveyors › Chapter 15 - Licensure and Practice of Professional Engineers and Land Surveyors › Subchapter 21 - Corner Perpetuation And Filing Act Requirements › Section 245:15-21-5 - Availability of records

Current through Vol. 41, No. 20, July 1, 2024
The Department of Libraries shall make the copies of the
				  Certified Corner Records available for public inspection during usual office
				  hours and true scale copies thereof shall be made available for a reasonable
				  fee.
Added at 10 Ok Reg 2211,
				  eff 6-11-93; Amended at 26 Ok Reg 1035, eff
				  5-11-09
Oklahoma Administrative Code › Title 245 - State Board of Licensure for Professional Engineers and Land Surveyors › Chapter 15 - Licensure and Practice of Professional Engineers and Land Surveyors › Subchapter 21 - Corner Perpetuation And Filing Act Requirements › Section 245:15-21-6 - Penalties

Current through Vol. 41, No. 20, July 1, 2024
The Board shall have the power to reprimand, place on
				  probation, fine, revoke or suspend the Certificate of Licensure or Certificate
				  of Authorization of any licensee or firm who fails to comply with any provision
				  of 65 O.S. 3.116-3.123., or the Rules of the Board.
Added at 10 Ok Reg 2211,
				  eff 6-11-93; Amended at 23 Ok Reg 896, eff 5-11-06; Amended at 26 Ok Reg 1035,
				  eff 5-11-09
Oklahoma Administrative Code › Title 245 - State Board of Licensure for Professional Engineers and Land Surveyors › Chapter 15 - Licensure and Practice of Professional Engineers and Land Surveyors › Subchapter 23 - Violations › Section 245:15-23-1 - Prima facie evidence

Current through Vol. 41, No. 20, July 1, 2024
(a) A
				person, firm, or entity shall be construed to practice or offer to practice
				engineering or land surveying, who does any of the following:
(1) practices any branch of the professions
				the Board regulates, or
(2) by
				display or verbal claim, sign, advertisement, contract, card or other printed,
				engraved, or written instrument or device, bearing a person's, firm's, or
				entity's name or in any other way represents to be an Engineer, Professional
				Engineer, Land Surveyor, or Professional Land Surveyor or a firm providing or
				having the qualifications to provide engineering or land surveying services,
				or
(3) through the use of some
				other title implies that the person, firm, or entity is an Engineer,
				Professional Engineer, Land Surveyor, or Professional Land Surveyor or a firm
				providing engineering or land surveying services, or
(4) holds himself/herself or itself out as
				having the qualifications to, is able to, or who does contract, offer or
				perform any engineering or land surveying service.
Oklahoma Administrative Code › Title 245 - State Board of Licensure for Professional Engineers and Land Surveyors › Chapter 15 - Licensure and Practice of Professional Engineers and Land Surveyors › Subchapter 23 - Violations › Section 245:15-23-2 - Grounds for violations and penalties -Conduct

Current through Vol. 41, No. 20, July 1, 2024
(a)
Knowledge of Rules.
All
				persons licensed under the provisions of the act are charged with having
				knowledge of these Rules which are made known in writing to every licensee and
				applicant for licensure.
(b)
Convictions.
A licensee of this Board who has been fined, received
				a reprimand, voluntarily surrendered a license in order to avoid disciplinary
				action, had a license revoked, suspended or denied in another jurisdiction for
				reasons or causes which the Board finds would constitute a violation of the law
				governing the practice of engineering or surveying in this jurisdiction or any
				rule or regulation promulgated by the Board may be cause for levying a fine,
				reprimanding the licensee, denying, revoking, or suspending a license to
				practice engineering or surveying by the licensee in this
				jurisdiction.
(c) Non-payment of
				fines or penalties or violation of any order approved by the Board may result
				in disciplinary action against the holder of the Certificate of Licensure or
				Certificate of Authorization.
Added at 10 Ok Reg 2211, eff 6-11-93; Amended
				  at 18 Ok Reg 3023, eff 7-12-01; Amended at 19 Ok Reg 2029, eff 7-11-02; Amended
				  at 20 Ok Reg 1568, eff 7-11-03; Amended at 23 Ok Reg 896, eff 5-11-06; Amended
				  at 27 Ok Reg 1150, eff 5-27-10; Amended at 30 Ok Reg 1928, eff
				  7-25-13
Oklahoma Administrative Code › Title 245 - State Board of Licensure for Professional Engineers and Land Surveyors › Chapter 15 - Licensure and Practice of Professional Engineers and Land Surveyors › Subchapter 23 - Violations › Section 245:15-23-3 - Additional administrative penalties for violations

Current through Vol. 41, No. 20, July 1, 2024
Administrative penalties may be levied by the Board
				  separately or in addition to any other penalties or remedies determined by the
				  Board. The Board may seek criminal and civil relief, including injunctive
				  relief, through the courts for violation of the Statutes regulating
				  professional engineering and land surveying, Rules in this Chapter,
				  regulations, or to enforce any order issued by the Board. The Board may seek
				  relief or remedies through the boards and administrative entities of Oklahoma
				  or other states.
Added at 10 Ok Reg 2211,
				  eff 6-11-93; Amended at 19 Ok Reg 2029, eff 7-11-02; Amended at 23 Ok Reg 896,
				  eff 5-11-06
Oklahoma Administrative Code › Title 245 - State Board of Licensure for Professional Engineers and Land Surveyors › Chapter 15 - Licensure and Practice of Professional Engineers and Land Surveyors › Subchapter 23 - Violations › Section 245:15-23-4 - Fraud or misrepresentation

Current through Vol. 41, No. 20, July 1, 2024
(a) Any licensee, firm, entity, or person
				associated with or under the responsible charge of any licensee, firm, or
				entity, holding a Certificate of Licensure and/or a Certificate of
				Authorization who shall make an oral or written statement or communication to
				any person that is (1) false and a material misrepresentation, (2) made with
				the knowledge that the statement is false or made while ignorant of the truth,
				(3) made with the intent that the statement shall be relied on by the person
				and in a manner reasonably foreseeable; provided (4) the person to whom the
				statement is made is ignorant of the falsity of the statement, (5) the
				statement is justifiably relied upon by such person, and (6 ) such person is
				caused damage or injury, shall have committed a fraud.
(b) Any licensee, firm, entity, or person
				associated with or under the responsible charge of any licensee, firm, or
				entity, holding a Certificate of Licensure and/or a Certificate of
				Authorization who shall make an oral or written statement in any document,
				report, examination, investigation, advice, representation, plans or
				specifications that is materially false or misleading either in its content or
				omission of content there from, or who in any other manner, method or conduct
				acts in a way so as to mislead or deceive any person, shall be guilty of
				misrepresentation.
Added at 10 Ok Reg 2211,
				  eff 6-11-93; Amended at 18 Ok Reg 3023, eff 7-12-01; Amended at 23 Ok Reg 896,
				  eff 5-11-06
Oklahoma Administrative Code › Title 245 - State Board of Licensure for Professional Engineers and Land Surveyors › Chapter 15 - Licensure and Practice of Professional Engineers and Land Surveyors › Subchapter 23 - Violations › Section 245:15-23-5 - Gross negligence

Current through Vol. 41, No. 20, July 1, 2024
(a) The
				Professional Engineer or Land Surveyor is responsible for many professional,
				technical, ethical and tactical judgments relating to planning, surveys,
				reports, studies, inspections, designs, plans and specifications, construction
				materials, methods, techniques and systems processes. The licensee's education,
				training and experience, or the education, training and experience of the
				licensee in responsible charge of the services of any Firm, should enable such
				licensee to make such determinations with confidence in a successful
				result.
(b) Each licensee, firm,
				entity, or person representing same, shall exercise prudent and deliberate
				consideration in decisions, made only after responsible and thorough
				investigation, research and, when necessary, expert advice and
				assistance.
(c) When the results
				from such decisions are not reasonably predictable, each licensee, firm,
				entity, or person representing same, shall so advise the client, and fully
				disclose the implications involved.
(d) When such decisions require procedures,
				techniques, materials, or systems unfamiliar to the planning, design and/or
				construction team involved, the licensee, firm, entity, or person representing
				same shall exercise additional care and attention to the process, advancing the
				result sought.
(e) The Board may
				deem acts, errors and/or omissions to be gross negligence if, in the judgement
				of the Board, a licensee, firm, entity, or person representing same, fails to
				discharge its duties, obligations and responsibilities, under 59 O.S., Sections
				475.1 et seq. and the Rules of the Board, so as to evidence carelessness in
				reckless disregard for the safety, property or lives of others, or is so great
				it appears to be a conscious violation of other people's property or rights to
				health, safety or welfare, as described in (b)-(d) in this
				subchapter.
Added at 10 Ok Reg 2211, eff 6-11-93; Amended
				  at 19 Ok Reg 2029, eff 7-11-02; Amended at 23 Ok Reg 896, eff 5-11-06; Amended
				  at 30 Ok Reg 1928, eff 7-25-13
Oklahoma Administrative Code › Title 245 - State Board of Licensure for Professional Engineers and Land Surveyors › Chapter 15 - Licensure and Practice of Professional Engineers and Land Surveyors › Subchapter 23 - Violations › Section 245:15-23-6 - Gross incompetence

Current through Vol. 41, No. 20, July 1, 2024
(a)
				Licensees have been licensed under the authority of the Statutes regulating
				professional engineering and land surveying which establishes minimum
				competence to provide engineering and land surveying services in the State of
				Oklahoma. Licensees shall continue their professional development after
				licensure, improving and increasing their proficiency and skills, knowledge and
				abilities. The licensee, firm, or entity shall undertake only those
				professional assignments the licensee, firm, or entity is qualified to perform
				and lawfully authorized to undertake.
(b) The following practices, among others may
				be deemed gross incompetence by a licensee, firm, or entity or person
				representing same:
(1) A deficiency on the
				part of a licensee in the basic knowledge and skill necessary to the practice
				of engineering or land surveying such that the licensee does not demonstrate an
				ability to practice engineering or land surveying at the threshold level of
				professional competence for issuing engineering reports or undertakingprojects
				of the kind and complexity performed, thus endangering the property, safety,
				health of others or welfare of the public.
(2) Failure to engage other competent
				licensed architects, engineers or land surveyors when the licensee has
				contracted to furnish services outside of the licensee's area of
				competence.
(3) Practicing
				engineering or land surveying while under the influence of alcohol, drugs or
				mentally impaired.
Oklahoma Administrative Code › Title 245 - State Board of Licensure for Professional Engineers and Land Surveyors › Chapter 15 - Licensure and Practice of Professional Engineers and Land Surveyors › Subchapter 23 - Violations › Section 245:15-23-7 - Misconduct or dishonest practice

Current through Vol. 41, No. 20, July 1, 2024
(a) The following practices, among others, by
				a licensee, firm, or entity or person representing same, may be deemed
				misconduct and a violation:
(1) Acts which
				evidence attempts to violate any laws or rules of this or any other state
				relating to licensure to practice engineering or land surveying.
(2) Acts which evidence a disregard or
				indifference toward the rules or statutes governing the practice of engineering
				or land surveying, and codes, ordinances and other recognized standards. These
				regulations include, but are not limited to, those involving facilities to be
				constructed, structural inspections and reports, or special inspections for
				buildings or roadways.
(3) Acts
				which evidence attempts to violate or do so violate the Statutes Regulating
				Professional Engineers and Land Surveyors or Rules in this Chapter or assist
				any other person or firm to attempt or to do so.
(4) Acts which evidence attempts to conceal
				personal interests in conflict with responsibilities of service to the public
				or a client.
(5) Acts which
				evidence, through commission or omission, a failure or refusal to reasonably
				communicate with the client, so that the client shall be reasonably informed of
				the status of any services provided or agreed to be provided by the licensee or
				a firm holding a Certificate of Licensure and/or Certificate of Authorization
				under the responsible charge of the licensee.
(6) Acts which evidence a detriment to a
				client caused by a personal interest or the firm's interest, which conflicts
				with the responsibility, owed to the client by a licensee, or a firm, holding a
				Certificate of Licensure and/or Certificate of Authorization, under the
				responsible charge of the licensee.
(7) Acts which evidence a failure to engage
				competent licensed architects, professional engineers and/or professional land
				surveyors when the licensee has contracted to furnish services outside of the
				licensee's area(s) of competence.
Oklahoma Administrative Code › Title 245 - State Board of Licensure for Professional Engineers and Land Surveyors › Chapter 15 - Licensure and Practice of Professional Engineers and Land Surveyors › Subchapter 23 - Violations › Section 245:15-23-8 - Duty to refer alleged violations to Director of Enforcement [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 10 Ok Reg 2211,
				  eff 6-11-93; Amended at 19 Ok Reg 2029, eff 7-11-02; Amended at 23 Ok Reg 896,
				  eff 5-11-06; Revoked at 27 Ok Reg 1150, eff
				  5-27-10
Oklahoma Administrative Code › Title 245 - State Board of Licensure for Professional Engineers and Land Surveyors › Chapter 15 - Licensure and Practice of Professional Engineers and Land Surveyors › Subchapter 23 - Violations › Section 245:15-23-9 - Filing a complaint; forms and evidence; Formal Notice of Charges

Current through Vol. 41, No. 20, July 1, 2024
(a) Any person or
				entity, including the Board or Board staff, may file a complaint alleging
				violations of these Rules, Title 59 O.S. Section
				475.1
				et seq., and the Corner Perpetuation and Filing Act, Title 65 O.S. Sections
				3.116-3.123.
(b) All complaints may
				be made on forms prescribed by the Board, which are available from the Board,
				or by other means. The complainant may submit anonymous complaints, which may
				be investigated by Board staff as described in policies and procedures of the
				Board.
(c) When a complaint is
				received , it shall be referred to an investigation committee designated by the
				Executive Director or Director of Enforcement. The investigation committee
				shall make a determination if probable cause exists for taking further action
				or for issuing a Formal Notice of Charges. Action against the individual,
				licensee, entity or firm holding a Certificate of Authorization may be brought
				in the name of the Board.
(d) In
				the event the investigation committee determines that a probable cause exists,
				the legal counsel of the Board shall be requested to prepare a Formal Notice of
				Charges.
(e) The Formal Notice of
				Charges shall be personally served or mailed to the last known address of the
				respondent(s) at least 30 days before the date fixed for hearing.
(f) The Formal Notice of Charges shall show
				the time, place, and nature of the hearing, a statement of legal authority and
				jurisdiction under which the hearing is to be held, a reference to the
				particular section of the statutes and rules involved, and a short and plain
				statement of the matters asserted. The Formal Notice of Charges shall indicate
				that at any hearing the accused individual, licensee, entity or firm holding a
				Certificate of Authorization shall have the right to appear in person, by
				counsel, or both to cross-examine witnesses in his/her or its defense and to
				produce evidence and witnesses of his/her or its own defense. If the accused
				person or firm fails or refuses to appear, the Board may proceed to hear and
				determine the validity of the charges.
(g) Hearings conducted in accordance with OAC
				245:15-23-15 are subject
				to the rules of evidence specified by the Oklahoma Administrative Procedures
				Act.
Added at 10 Ok Reg 2211, eff 6-11-93; Amended
				  at 19 Ok Reg 2029, eff 7-11-02; Amended at 20 Ok Reg 1568, eff 7-11-03; Amended
				  at 23 Ok Reg 896, eff 5-11-06; Amended at 27 Ok Reg 1150, eff 5-27-10; Amended
				  at 30 Ok Reg 1928, eff 7-25-13
Oklahoma Administrative Code › Title 245 - State Board of Licensure for Professional Engineers and Land Surveyors › Chapter 15 - Licensure and Practice of Professional Engineers and Land Surveyors › Subchapter 23 - Violations › Section 245:15-23-10 - Resolution by settlement

Current through Vol. 41, No. 20, July 1, 2024
Those matters in which a mutually agreed settle-ment is
				  sought may be referred to the investigation committee or terminated . Any
				  proposed final disposition of a violation shall be recommended to the Board for
				  approval.
Added at 10 Ok Reg 2211,
				  eff 6-11-93; Amended at 23 Ok Reg 896, eff
				  5-11-06
Oklahoma Administrative Code › Title 245 - State Board of Licensure for Professional Engineers and Land Surveyors › Chapter 15 - Licensure and Practice of Professional Engineers and Land Surveyors › Subchapter 23 - Violations › Section 245:15-23-11 - Investigation committee [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 10 Ok Reg 2211,
				  eff 6-11-93; Amended at 23 Ok Reg 896, eff 5-11-06; Revoked at 27 Ok Reg 1150,
				  eff 5-27-10
Oklahoma Administrative Code › Title 245 - State Board of Licensure for Professional Engineers and Land Surveyors › Chapter 15 - Licensure and Practice of Professional Engineers and Land Surveyors › Subchapter 23 - Violations › Section 245:15-23-12 - Investigation report and recommendations [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 10 Ok Reg 2211,
				  eff 6-11-93; Amended at 23 Ok Reg 896, eff 5-11-06; Revoked at 27 Ok Reg 1150,
				  eff 5-27-10
Oklahoma Administrative Code › Title 245 - State Board of Licensure for Professional Engineers and Land Surveyors › Chapter 15 - Licensure and Practice of Professional Engineers and Land Surveyors › Subchapter 23 - Violations › Section 245:15-23-13 - Investigator [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 10 Ok Reg 2211,
				  eff 6-11-93; Amended at 18 Ok Reg 3023, eff 7-12-01; Amended at 23 Ok Reg 896,
				  eff 5-11-06; Revoked at 27 Ok Reg 1150, eff
				  5-27-10
Oklahoma Administrative Code › Title 245 - State Board of Licensure for Professional Engineers and Land Surveyors › Chapter 15 - Licensure and Practice of Professional Engineers and Land Surveyors › Subchapter 23 - Violations › Section 245:15-23-14 - Civil and formal proceedings [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 10 Ok Reg 2211,
				  eff 6-11-93; Amended at 18 Ok Reg 3023, eff 7-12-01; Amended at 23 Ok Reg 896,
				  eff 5-11-06; Revoked at 27 Ok Reg 1150, eff
				  5-27-10
Oklahoma Administrative Code › Title 245 - State Board of Licensure for Professional Engineers and Land Surveyors › Chapter 15 - Licensure and Practice of Professional Engineers and Land Surveyors › Subchapter 23 - Violations › Section 245:15-23-15 - Hearings

Current through Vol. 41, No. 20, July 1, 2024
(a) General
				provisions
(1) At any hearing, the licensee,
				firm, entity, or person, charged with a violation shall enjoy the rights:
(A) against self-incrimination; and
(B) of confidential communication with
				his/her spouse, attorney, clergyman, priest and/or physician; and
(C) of withholding confidential or privileged
				records and files of any official or agency of any state or of the United
				States which, by any statute of such state or of the United States;
				and
(D) of cross examination;
				and
(E) of counsel.