reglab/statecodes huggingface dataset:
North Dakota Administrative Code › Title 28 - Engineers and Land Surveyors, Board of Registration for Professional › Article 28-02.1 - Engineer and Land Surveyor Registration › Chapter 28-02.1-03 - Types of Registration › Section 28-02.1-03-01 - Types of registration

Current through Supplement No. 393, July, 2024
Engineers and land surveyors may become registered
				  professional practitioners by examination, endorsement, or by temporary
				  permit.
1.
Registration by
				examination.
Registration by examination is generally a two-step process
				for those applicants who have never been issued a registration in any other
				jurisdiction; who have met the general qualification requirements; who have met
				certain education requirements or who have the experience deemed to be
				satisfactory and acceptable to the board, or both; and who have successfully
				passed the examinations prescribed by the board.
a. The board accepts the written examination
				prepared by the national council of examiners for engineers and surveyors as
				its standard of examinations and qualifications.
b. The board may require one or more
				questions in examinations measuring familiarity with the code of ethics.
				Similarly, in furtherance of the board's determination of rehabilitation, an
				examination on the code of ethics may be required.
North Dakota Administrative Code › Title 28 - Engineers and Land Surveyors, Board of Registration for Professional › Article 28-02.1 - Engineer and Land Surveyor Registration › Chapter 28-02.1-04 - General Requirements › Section 28-02.1-04-01 - General requirements

Current through Supplement No. 393, July, 2024
All applicants must:
1. Complete the applications on forms
				approved by the board.
2. Complete
				the application under oath.
3.
				Furnish references as required but may not include board members or relatives
				of the applicant as references.
General Authority:
NDCC 43-19.1-08
Law Implemented:
NDCC
					 43-19.1-12
North Dakota Administrative Code › Title 28 - Engineers and Land Surveyors, Board of Registration for Professional › Article 28-02.1 - Engineer and Land Surveyor Registration › Chapter 28-02.1-04 - General Requirements › Section 28-02.1-04-02 - Experience

Current through Supplement No. 393, July, 2024
The following describes what the board considers acceptable
				  experience. The applicant must provide proof that the experience meets these
				  requirements.
1. The experience gained
				through military service must be substantially equivalent in character to
				civilian experience in similar fields or disciplines.
2. Experience must be of a grade and
				character that indicates to the board that the applicant is competent to
				practice and preferably be gained under the supervision of a registered
				professional engineer or professional land surveyor.
3. Experience must be substantially related
				to engineering or land surveying. Dual registration must fulfill experience
				requirements for each application without duplicate credits for time of gaining
				experience.
4. The board requires
				progressive experience in applying the principles and methods of engineering
				analysis and design for an applicant in fulfilling experience requirements if
				the applicant is seeking professional engineering registration.
5. The board requires progressive experience
				on surveying projects to indicate that it is of increasing quality and
				requiring greater responsibility. A substantial portion of the experience must
				be spent in charge of work related to property conveyance or boundary line
				determination, or both. The experience must demonstrate adequate experience in
				the technical field aspects of the profession. Applicants must demonstrate at
				least twelve months of cadastral/public land survey system within their
				documented work experience.
6. An
				engineering or land surveying applicant may be granted one year's experience
				for each postgraduate degree in the field of practice following a baccalaureate
				degree in the field of practice, not to exceed two years.
7. Military spouses. Military spouse
				applicants must satisfy the requirements located in North Dakota Century Code
				section 43-51-11.1.
a. The board shall grant
				on a case-by-case basis exceptions to the board's licensing standards to allow
				a military spouse to practice the profession of engineering if upon application
				to the board:
(1) The military spouse
				demonstrates competency in the profession through methods or standards
				determined by the board which must include experience in the profession for at
				least two of the four years preceding the date of application under this
				section; and
(2) The board
				determines the issuance of the license will not substantially increase the risk
				of harm to the public.
North Dakota Administrative Code › Title 28 - Engineers and Land Surveyors, Board of Registration for Professional › Article 28-02.1 - Engineer and Land Surveyor Registration › Chapter 28-02.1-05 - Qualifications and Requirements for Engineers › Section 28-02.1-05-01 - Qualifications and requirements - Engineer intern

Current through Supplement No. 393, July, 2024
Engineer intern applicants must satisfy the requirements located in North Dakota Century Code section  43-19.1-15.
General Authority: NDCC 43-19.1-08
Law Implemented: NDCC 43-19.1-14, 43-19.1-15
North Dakota Administrative Code › Title 28 - Engineers and Land Surveyors, Board of Registration for Professional › Article 28-02.1 - Engineer and Land Surveyor Registration › Chapter 28-02.1-05 - Qualifications and Requirements for Engineers › Section 28-02.1-05-02 - Qualifications and requirements - Professional engineer by examination

Current through Supplement No. 393, July, 2024
A person applying for registration as a professional engineer
				  by examination must have an engineer intern certificate, the appropriate
				  experience as required by North Dakota Century Code section 43-19.1-14, and
				  must have passed the principles and practice of engineering examination. The
				  experience must be subsequent to graduation and verifiable.
General Authority:
NDCC 43-19.1-08
Law Implemented:
NDCC
					 43-19.1-14
North Dakota Administrative Code › Title 28 - Engineers and Land Surveyors, Board of Registration for Professional › Article 28-02.1 - Engineer and Land Surveyor Registration › Chapter 28-02.1-06 - Qualifications and Requirements for Land Surveyors › Section 28-02.1-06-01 - Qualifications and requirements - Land surveyor intern

Current through Supplement No. 393, July, 2024
1. Land surveyor intern applicants applying
				before July 1, 2028, must satisfy the requirements located in North Dakota
				Century Code section 43-19.1-16.1.
2. Land surveyor intern applicants applying
				after June 30, 2028, must satisfy the requirements located in North Dakota
				Century Code section 43-19.1-16.2.
a. A
				board-approved accredited program must consist of a minimum of twenty-four
				semester credits in surveying science and surveying practice courses consisting
				of a minimum of:
(1) Four semester credits in
				drafting/CAD/GIS;
(2) Ten semester
				credits in basic land surveying; and
(3) Ten semester credits in principles and
				practices of land surveying.
North Dakota Administrative Code › Title 28 - Engineers and Land Surveyors, Board of Registration for Professional › Article 28-02.1 - Engineer and Land Surveyor Registration › Chapter 28-02.1-06 - Qualifications and Requirements for Land Surveyors › Section 28-02.1-06-02 - Qualifications and requirements - Professional land surveyor by examination

Current through Supplement No. 393, July, 2024
A person applying for registration as a professional land
				  surveyor by examination must have a land surveyor intern certificate, the
				  appropriate experience as required by North Dakota Century Code section
				  43-19.1-16, and must have passed the principles and practice of surveying
				  examination.
Upon successful completion of the principles and practice of
				  surveying examination, professional land surveyor applicants must pass an
				  examination pertaining to land procedures and practices in North Dakota.
General Authority:
NDCC 43-19.1-08
Law Implemented:
NDCC 43-19.1-16,
					 43-19.1-16.1
North Dakota Administrative Code › Title 28 - Engineers and Land Surveyors, Board of Registration for Professional › Article 28-02.1 - Engineer and Land Surveyor Registration › Chapter 28-02.1-07 - Certificates of Authorization - Partnerships - Corporations › Section 28-02.1-07-02 - Issuance of certificate of commercial practice

Current through Supplement No. 393, July, 2024
Certificates of commercial practice are not transferable and
				  require the organization to:
1. Advise
				the board within thirty days of any disciplinary actions administered by any
				jurisdiction against the certificate of commercial practice.
2. Renew and update annually the names of all
				employees licensed to practice engineering and/or land surveying in North
				Dakota.
3. Keep and maintain its
				certificate of authority with the North Dakota secretary of state's office
				active and in good standing and provide a copy to the board office.
4. A certificate of commercial practice is
				subject to the same disciplinary actions by the board as any individual
				registrant.
General Authority:
NDCC 43-19.1-08
Law Implemented:
NDCC
					 43-19.1-27
North Dakota Administrative Code › Title 28 - Engineers and Land Surveyors, Board of Registration for Professional › Article 28-02.1 - Engineer and Land Surveyor Registration › Chapter 28-02.1-08 - Certificates and Seals › Section 28-02.1-08-01 - Certificates

Current through Supplement No. 393, July, 2024
1. Certificates of registration and
				certificates of commercial practice issued by the board should be displayed by
				the registrant in a prominent place in the registrant's office or principal
				place of business.
2. In case a
				certificate is lost or destroyed, a duplicate certificate will be issued upon
				request. The charge for a duplicate certificate shall be determined by the
				board.
3. Registrants may opt-in to
				receiving an electronic version of their certificate.
General Authority:
NDCC 43-19.1-08
Law Implemented:
NDCC 43-19.1-20,
					 43-19.1-27
North Dakota Administrative Code › Title 28 - Engineers and Land Surveyors, Board of Registration for Professional › Article 28-02.1 - Engineer and Land Surveyor Registration › Chapter 28-02.1-08 - Certificates and Seals › Section 28-02.1-08-02 - Seals

Current through Supplement No. 393, July, 2024
1. The board has adopted standard seals or
				stamps similar to those illustrated in this section for use by registered
				professional engineers and professional land surveyors as prescribed by law.
				The seal authorized by the state board of registration for professional
				engineers and land surveyors for registrants is of the crimp type or rubber
				stamp, or electronic. Seals prepared after July 1, 2005, shall be of a design
				so the seal consists of two concentric circles with the diameter of the outer
				circle being one and three-fourth inches [44.45 millimeters] and the diameter
				of the inner circle being one and one-fourth inches [31.75 millimeters]. The
				upper portion between the two circles shall bear whichever of the following
				phrases is applicable to the registrant: "Registered Professional Engineer",
				"Registered Professional Land Surveyor", or "Registered Professional Engineer
				& Land Surveyor". Professional land surveyors who purchased a seal with the
				phrase "Registered Land Surveyor" prior to January 1, 2011, are not required to
				purchase a new seal. At the bottom of the annular space between the two circles
				shall appear the inscription "North Dakota"; the inner circle shall contain the
				name of the registrant, registration number, and the word "Date". The
				registration number assigned should be centered in the inner area of the seal
				in the space occupied by the word "NUMBER" and the size of the numbers should
				not be larger than the word "NAME". The words and parentheses "(NUMBER)" and
				"(NAME)" should not appear on the seal.
2. Seals may be of rubber stamp, metal
				impression type, computer-generated, or electronically generated.
				Computer-generated and electronically generated seals are herein referred to as
				an "electronic seal".
3. A
				registrant shall also apply the registrant's signature across the face of the
				seals for a nonelectronic signature. "Nonelectronic signature" means a
				handwritten identification containing the name of the person who applied it. An
				electronic signature is a signature that is computer-generated or
				electronically generated and must be unique to and under the sole control of
				the person using it, must be capable of verification, and must be linked to a
				document in such a way that the electronic signature is invalidated if any data
				on the document is changed. An electronic signature is not required to be
				across the face of the seal. A rubber stamp or facsimile signature is not
				allowed. The signature and seal must also be dated.
4. The illustrated standard stamps and seals
				are as follows:
Click
				  here to view image
General Authority:
NDCC 43-19.1-08
Law Implemented:
NDCC
					 43-19.1-21
North Dakota Administrative Code › Title 28 - Engineers and Land Surveyors, Board of Registration for Professional › Article 28-02.1 - Engineer and Land Surveyor Registration › Chapter 28-02.1-08 - Certificates and Seals › Section 28-02.1-08-03 - Use of seals

Current through Supplement No. 393, July, 2024
1. The original
				copies of all drawings, plan sheets, specifications, studies, reports, plats,
				maps, and other engineering and surveying work product other than earthwork
				cross sections, each of which hereafter is referred to as a "document" in this
				section, must receive a seal, date, and signature.
a. Studies, reports, and project
				specifications need the seal and signature only on a single introductory
				sheet.
b. Every sheet or drawing in
				an original set of engineering plans must receive a seal and
				signature.
c. If computer-generated
				or electronically generated seals or signatures are used on documents combined
				into a single file, they can be electronically applied by electronic process
				allowing the seal or signature to be computer-generated on all required
				documents by one computer action.
North Dakota Administrative Code › Title 28 - Engineers and Land Surveyors, Board of Registration for Professional › Article 28-02.1 - Engineer and Land Surveyor Registration › Chapter 28-02.1-09 - Expirations - Renewals - Reinstatements › Section 28-02.1-09-01 - Expirations of certificates of registration

Current through Supplement No. 393, July, 2024
The certificate used to recognize individuals as land
				  surveyor interns or engineer interns will not be assigned a number and will not
				  have an expiration date.
General Authority:
NDCC 43-19.1-08
Law Implemented:
NDCC 43-19.1-15,
					 43-19.1-16.1
North Dakota Administrative Code › Title 28 - Engineers and Land Surveyors, Board of Registration for Professional › Article 28-02.1 - Engineer and Land Surveyor Registration › Chapter 28-02.1-09 - Expirations - Renewals - Reinstatements › Section 28-02.1-09-02 - Renewals

Current through Supplement No. 393, July, 2024
Individual registrations and certificates of commercial
				  practice may be renewed as follows:
1.
				Every even-numbered year, the board shall provide renewal notices prior to
				December first to the last-known address or electronic mail address of record
				for each personal registrant. The renewal notice shall contain the amount of
				the renewal fee and the pending expiration date. Registrants need to opt-in to
				receive electronic mail notices.
2.
				Every year, the board shall mail certificate of commercial practice renewal
				notices prior to December first to the last-known address or electronic mail
				address of record for the company. The renewal notice shall contain the amount
				of the renewal fee and the pending expiration date. Companies need to opt-in to
				receive electronic mail notices.
General Authority:
NDCC 43-19.1-08
Law Implemented:
NDCC
					 43-19.1-22
North Dakota Administrative Code › Title 28 - Engineers and Land Surveyors, Board of Registration for Professional › Article 28-02.1 - Engineer and Land Surveyor Registration › Chapter 28-02.1-09 - Expirations - Renewals - Reinstatements › Section 28-02.1-09-03 - Reinstatements

Current through Supplement No. 393, July, 2024
1. An individual registration that has been
				inactive for more than one year, but less than four years, may become
				reinstated by submitting the board-approved renewal form and paying the renewal
				fee for the current registration period plus two years' back renewal fee
				provided the inactive registrant meets all other requirements. A certificate of
				commercial practice that has been inactive for more than one year, but less
				than two years, may become reinstated by submitting the board-approved renewal
				form and paying the renewal fee for the current registration period plus one
				years' back renewal fee provided the inactive holder meets all other
				requirements.
2. Registrations and
				certificates that have been inactive for two or more renewal periods require
				reapplication updating all the required information of the applicant as if an
				original application. The board may require reexamination of registrants for
				all or a portion of the examination qualification requirements.
3. A retired registrant, after restoring
				their registration to an active status by submitting the board approved renewal
				form and payment of the current renewal fee, may resume active engineering or
				land surveying practice provided the retired registrant meets all other
				requirements. All rights and responsibilities of a valid or active registration
				will be in effect, including compliance with continuing professional competency
				requirements.
4. A registrant whose
				license has been lapsed, inactive, or retired for one year or more and who
				meets all other requirements is required to file an interim continuing
				professional competency report within one year of the date of reinstatement
				verifying that a minimum of fifteen professional development hours have been
				accomplished.
5. A registrant whose
				license has been lapsed, inactive, or retired for less than one year and who
				meets all other requirements may renew their registration to an active status.
				Individual registrants must show compliance within the previous two years with
				the continuing professional competency requirements set forth in  article 28-04.
6. Registrations and
				certificates that have been lapsed for more than one year require reapplication
				updating all the required information of the applicant as if an original
				application.
General Authority:
NDCC 43-19.1-08
Law Implemented:
NDCC
					 43-19.1-22
North Dakota Administrative Code › Title 28 - Engineers and Land Surveyors, Board of Registration for Professional › Article 28-02.1 - Engineer and Land Surveyor Registration › Chapter 28-02.1-10 - Examinations and Fees › Section 28-02.1-10-01 - Examinations

Current through Supplement No. 393, July, 2024
1. The engineering and land surveying
				examinations are held when offered by the national council of examiners for
				engineering and surveying (NCEES).
2. A state-specific examination for
				registration as a professional land surveyor pertaining to land surveying laws,
				procedures, and practices in North Dakota shall require a passing score
				determined by the board. Individuals passing the national council of examiners
				for engineering and surveying (NCEES) principles and practices of land
				surveying exam may receive access to this exam after board approval of their
				application. Applicants will be given one year to pass the
				examination.
3. The board may
				require one or more questions in examinations measuring familiarity with the
				code of ethics. Similarly, in furtherance of the board's determination of
				rehabilitation of a registrant whose registration has been subject to
				disciplinary action, an examination on the code of ethics may be
				required.
General Authority:
NDCC 43-19.1-08
Law Implemented:
NDCC
					 43-19.1-19
North Dakota Administrative Code › Title 28 - Engineers and Land Surveyors, Board of Registration for Professional › Article 28-02.1 - Engineer and Land Surveyor Registration › Chapter 28-02.1-10 - Examinations and Fees › Section 28-02.1-10-02 - Fees

Current through Supplement No. 393, July, 2024
The fees charged may not exceed the following:
Registration Fees
Professional engineer
2 year
$150.00
Professional land surveyor
2 year
$150.00
Certificate of commercial practice
1 year
$100.00
Temporary permit
1 year
$100.00
Biennial Renewal Fees
The fees charged may not exceed the following for biennial
				  renewal:
If Renewal Received Prior to December 31
If Renewal Received After December 31
Professional engineer
$150.00
$200.00
Professional land surveyor
$150.00
$200.00
Professional engineer and land surveyor
$280.00
$375.00
Retiree
$20.00
$20.00
The following annual renewal fees will be charged:
Certificate of commercial practice
$100.00
$130.00
General Authority:
NDCC 43-19.1-08
Law Implemented:
NDCC 43-19.1-18,
					 43-19.1-27
North Dakota Administrative Code › Title 28 - Engineers and Land Surveyors, Board of Registration for Professional › Article 28-02.1 - Engineer and Land Surveyor Registration › Chapter 28-02.1-11 - Emergency and Remote Practice by Foreign Practitioners › Section 28-02.1-11-01 - Definitions

Current through Supplement No. 393, July, 2024
These definitions shall apply to this chapter only:
1. "Board" means the state board of registration for professional engineers and land surveyors provided for by North Dakota Century Code chapter  43-19.1.
2. "Foreign practitioner" means an individual who currently holds and maintains a license in good standing to engage in engineering or land surveying in a state or jurisdiction other than North Dakota and who is not the subject of a pending disciplinary action in any state or jurisdiction.
3. "Good standing" means a foreign practitioner holds a current license to practice engineering or land surveying that is not issued on a temporary or restricted basis and is not encumbered or on probation and is not suspended or revoked.
4. "License" means a license, certificate, permit, or similar authorization to practice engineering or land surveying that is issued by a government agency in another state or jurisdiction that imposes requirements for obtaining and maintaining a license, which are at least as stringent as the requirements imposed in North Dakota to obtain and maintain a license to practice engineering or land surveying.
General Authority: NDCC 43-19.1-08
Law Implemented: NDCC 43-51-03
North Dakota Administrative Code › Title 28 - Engineers and Land Surveyors, Board of Registration for Professional › Article 28-02.1 - Engineer and Land Surveyor Registration › Chapter 28-02.1-11 - Emergency and Remote Practice by Foreign Practitioners › Section 28-02.1-11-02 - Indirect practice without a license

Current through Supplement No. 393, July, 2024
A foreign practitioner shall not provide services in this state without obtaining a license from the board unless such services are provided pursuant to subsection 1 of North Dakota Century Code section  43-51-03, North Dakota Century Code section  43-51-04, or the successor statutes thereto, or any other statutes or an administrative rule adopted by the board.
General Authority: NDCC 43-19.1-08
Law Implemented: NDCC 43-51-03
North Dakota Administrative Code › Title 28 - Engineers and Land Surveyors, Board of Registration for Professional › Article 28-02.1 - Engineer and Land Surveyor Registration › Chapter 28-02.1-11 - Emergency and Remote Practice by Foreign Practitioners › Section 28-02.1-11-03 - Emergency practice without a license

Current through Supplement No. 393, July, 2024
A foreign practitioner offering land surveying services under North Dakota Century Code section  43-51-04 shall be limited to services comprising the determination of incidental topography within the meaning of subsection 4 of North Dakota Century Code section  43-19.1-02.
General Authority: NDCC 43-19.1-08
Law Implemented: NDCC 43-51-04
North Dakota Administrative Code › Title 28 - Engineers and Land Surveyors, Board of Registration for Professional › Article 28-02.1 - Engineer and Land Surveyor Registration › Chapter 28-02.1-11 - Emergency and Remote Practice by Foreign Practitioners › Section 28-02.1-11-04 - Direct practice without a license

Current through Supplement No. 393, July, 2024
Notwithstanding the provisions of North Dakota Century Code section  43-51-05 no foreign practitioner may provide services in this state without obtaining a license from the board unless allowed to do so by some other statute or an administrative rule adopted by the board.
General Authority: NDCC 43-19.1-08
Law Implemented: NDCC 43-51-05
North Dakota Administrative Code › Title 28 - Engineers and Land Surveyors, Board of Registration for Professional › Article 28-02.1 - Engineer and Land Surveyor Registration › Chapter 28-02.1-12 - Retired Status › Section 28-02.1-12-01 - Eligibility for retired status

Current through Supplement No. 393, July, 2024
Any individual who has been issued a certificate of registration, as a professional engineer or professional land surveyor, having discontinued active practice as an engineer or land surveyor, or both, may be eligible to apply for a retired status of registration. For the purpose of this provision, "active practice" is defined as exercising direct supervision and control over the development and production of an engineering or land surveying document or any related activities pertaining to the offer of or the providing of professional engineering or land surveying services.
General Authority: NDCC 43-19.1-08
Law Implemented: NDCC 43-19.1-27
North Dakota Administrative Code › Title 28 - Engineers and Land Surveyors, Board of Registration for Professional › Article 28-02.1 - Engineer and Land Surveyor Registration › Chapter 28-02.1-12 - Retired Status › Section 28-02.1-12-02 - Process for changing registration status to retired

Current through Supplement No. 393, July, 2024
Those persons wishing to obtain the status of a retired
				  registration shall complete the board-approved renewal form. The board will not
				  provide a refund of renewal fees if the application for retired status is made
				  and granted before the date of expiration of the certificate of registration.
				  Individuals with retired registrations must complete the renewal process to
				  regain an active registration from the board. They will retain the registration
				  number they had prior to entering a retired status.
General Authority:
NDCC 43-19.1-08
Law Implemented:
NDCC
					 43-19.1-27
North Dakota Administrative Code › Title 28 - Engineers and Land Surveyors, Board of Registration for Professional › Article 28-02.1 - Engineer and Land Surveyor Registration › Chapter 28-02.1-12 - Retired Status › Section 28-02.1-12-03 - Continuing professional competency exemption

Current through Supplement No. 393, July, 2024
Retired registrants are exempt from continuing professional competency requirements.
General Authority: NDCC 43-19.1-08
Law Implemented: NDCC 43-19.1-27
North Dakota Administrative Code › Title 28 - Engineers and Land Surveyors, Board of Registration for Professional › Article 28-02.1 - Engineer and Land Surveyor Registration › Chapter 28-02.1-12 - Retired Status › Section 28-02.1-12-04 - Privileges

Current through Supplement No. 393, July, 2024
A retired registrant is permitted to:
1. Retain the board-issued wall certificate of registration;
2. Use the title professional engineer or registered land surveyor, or professional land surveyor provided that it is supplemented by the term "retired", or the abbreviation "ret";
3. Work as an engineer or land surveyor in a volunteer capacity, provided that the retired registrant does not create an engineering or land surveying document, and does not use the individual's seal, except as provided for in subsection 4;
4. Provide experience verifications and references for persons seeking registration. When completing reference or experience verification forms and if using the person's professional seal, the retired registrant shall place the word "retired" in the space designated for the date of expiration;
5. Serve in an instructional capacity on engineering and land surveying topics;
6. Provide services as a technical expert before a court, or in preparation for pending litigation, on matters directly related to engineering or land surveying work performed by the registrant before the person was granted a retired registration; and
7. Serve in a function that supports the principles of registration and promotes the professions of engineering and land surveying, such as members of commissions, boards, or committees.
General Authority: NDCC 43-19.1-08
Law Implemented: NDCC 43-19.1-27
North Dakota Administrative Code › Title 28 - Engineers and Land Surveyors, Board of Registration for Professional › Article 28-02.1 - Engineer and Land Surveyor Registration › Chapter 28-02.1-12 - Retired Status › Section 28-02.1-12-05 - Restrictions

Current through Supplement No. 393, July, 2024
A retired registrant is not permitted to:
1. Perform any engineering or land surveying activity unless said activity is under the direct supervision of a North Dakota registered professional engineer or professional land surveyor who has a valid or active registration in the records of the board;
2. Act as the designated engineer or the engineer in responsible charge for a North Dakota engineering organization or act as the designated land surveyor or land surveyor in responsible charge for a North Dakota land surveying organization; or
3. Apply the person's professional engineer's or professional land surveyor's seal to any plan, specification, plat, or report, except as provided for in subsection 4 of section 28-02.1-12-04.
General Authority: NDCC 43-19.1-08
Law Implemented: NDCC 43-19.1-27
North Dakota Administrative Code › Title 28 - Engineers and Land Surveyors, Board of Registration for Professional › Article 28-02.1 - Engineer and Land Surveyor Registration › Chapter 28-02.1-12 - Retired Status › Section 28-02.1-12-06 - Ineligibility for retired status

Current through Supplement No. 393, July, 2024
Under no circumstances shall a registrant be eligible for a retired registration if the person's certificate of registration has been revoked, surrendered, or in any way permanently terminated by the board. Registrants who are suspended from practice or who are subject to terms of a board order, or both, at the time they request retirement status shall not be eligible for a retired registration until such time that the board has removed the restricting conditions.
General Authority: NDCC 43-19.1-08
Law Implemented: NDCC 43-19.1-27
North Dakota Administrative Code › Title 28 - Engineers and Land Surveyors, Board of Registration for Professional › Article 28-02.1 - Engineer and Land Surveyor Registration › Chapter 28-02.1-12 - Retired Status › Section 28-02.1-12-07 - Penalties for noncompliance

Current through Supplement No. 393, July, 2024
Any violations of this chapter shall be considered misconduct or malpractice, or both. Such violations are subject to disciplinary action.
General Authority: NDCC 43-19.1-08
Law Implemented: NDCC 43-19.1-08
North Dakota Administrative Code › Title 28 - Engineers and Land Surveyors, Board of Registration for Professional › Article 28-02.1 - Engineer and Land Surveyor Registration › Chapter 28-02.1-13 - Documents Used to Convey Real Property or Any Interest Therein › Section 28-02.1-13-01 - Survey requirements for preparation of legal descriptions and conveyance of property

Current through Supplement No. 393, July, 2024
Any registrant preparing a description, including without
				  limitation a legal, property, or boundary description for, or assisting in the
				  filing of, a document that will, or may, be used to convey or acquire real
				  property or any interest therein, other than easements, including without
				  limitation an auditor's plat, outlot, deed, or conveyance of rights of way,
				  must conduct a survey of the property being conveyed and comply with all the
				  requirements related thereto contained in North Dakota Century Code sections
				  40-50.1-01 and 40-50.1-02.
Preliminary descriptions and documents used for negotiations
				  for real property, interests in real property, rights of way, and easements are
				  not subject to the requirements of this chapter; however, all such preliminary
				  documents must bear a statement that the document is preliminary, it does not
				  represent a complete boundary survey, and the document is not intended for
				  construction, recording, or implementation. The statement must appear
				  prominently on the face of the preliminary document.
Descriptions prepared by a registrant which are, or may be
				  used to acquire or convey rights of way in which possession of title is
				  obtained may be prepared without the setting of all exterior monuments if all
				  four of the following requirements are met:
1. The rights of way are retraceable by using
				established monuments;
2. Exterior
				monuments are set wherever there is a change of width to the rights of
				way;
3. Exterior monuments are set
				wherever there is a change in direction of the rights of way other than changes
				of direction at section corners; and
4. Monuments are set at intersections of
				rights of way with section lines or section line rights of way.
Descriptions prepared by a registrant which are, or may be
				  used to acquire or convey easements having a term of five years or more must be
				  retraceable in each section of land over which the easement crosses by using
				  established subdivision or public land survey system monuments existing or
				  placed at the time of the easement conveyance.
General Authority:
NDCC 43-19.1-08
Law Implemented:
NDCC 43-19.1-01,
					 43-19.1-08
North Dakota Administrative Code › Title 28 - Engineers and Land Surveyors, Board of Registration for Professional › Article 28-03.1 - Rules of Professional Conduct › Chapter 28-03.1-01 - Code of Ethics › Section 28-03.1-01-01 - General statement

Current through Supplement No. 393, July, 2024
In order to establish and maintain a high standard of
				  integrity, skills, and practice in the profession of engineering and land
				  surveying, the code of ethics contained in this chapter is binding upon every
				  person holding a certificate of registration as a professional engineer or
				  professional land surveyor, and upon all agents, employees, officers, partners,
				  and entities holding a certificate of commercial practice.
This chapter is specifically designed to further safeguard
				  the life, health, property, and public welfare of the citizens of North Dakota,
				  and must be construed to be a reasonable exercise of the police power vested in
				  the board of registration for professional engineers and land surveyors by
				  virtue of North Dakota Century Code chapter 43-19.1, and as such the board can
				  establish conduct, policy, and practices to be adopted.
These rules are to be read and interpreted without regard to
				  race, creed, or sex.
The engineer or land surveyor who holds a certificate of
				  registration from the board is charged with having knowledge of the existence
				  of this chapter for professional conduct as an engineer or land surveyor, and
				  also must be deemed to be familiar with the provisions and to understand them.
				  Such knowledge shall encompass the understanding that the practice of
				  engineering and land surveying is a privilege as opposed to a right, and the
				  engineer or land surveyor must be forthright and candid in statements or
				  written responses to the board or its representatives on matters pertaining to
				  professional conduct.
General Authority:
NDCC 43-19.1-08
Law Implemented:
NDCC
					 43-19.1-24
North Dakota Administrative Code › Title 28 - Engineers and Land Surveyors, Board of Registration for Professional › Article 28-03.1 - Rules of Professional Conduct › Chapter 28-03.1-01 - Code of Ethics › Section 28-03.1-01-02 - Action by another jurisdiction

Current through Supplement No. 393, July, 2024
A registrant who acts, either as an individual or through a business entity, may be deemed by the board to be guilty of misconduct in professional practice for an action that in this state would constitute a violation of North Dakota Century Code chapter  43-19.1, or of this title, and:
1. The registrant has received a reprimand or civil penalty as a result of a disciplinary action in another jurisdiction.
2. The registrant's license has been suspended, revoked, denied, or voluntarily surrendered as a result of disciplinary action in another jurisdiction.
3. The registrant is convicted in a court of competent jurisdiction of a felony without restoration of civil rights.
General Authority: NDCC 43-19.1-08
Law Implemented: NDCC 43-19.1-25
North Dakota Administrative Code › Title 28 - Engineers and Land Surveyors, Board of Registration for Professional › Article 28-03.1 - Rules of Professional Conduct › Chapter 28-03.1-01 - Code of Ethics › Section 28-03.1-01-03 - Standards of integrity

Current through Supplement No. 393, July, 2024
Registrants shall be guided in all their professional
				  relations by the highest standards of integrity. The registrant will act in
				  professional matters as a faithful agent or trustee for each client or
				  employer.
1. Registrants shall admit
				and accept their own errors when proven wrong and refrain from distorting or
				altering the facts in an attempt to justify their decisions.
2. Registrants shall advise their clients or
				employers when they believe a project will not be successful.
3. Registrants shall not accept outside
				employment to the detriment of their regular work or interest. Before accepting
				any outside engineering or land surveying employment, registrants shall receive
				written approval from their employer.
4. Registrants shall not employ or attempt to
				employ an individual by false or misleading pretenses.
5. Registrants shall not engage in any act
				tending to promote their own interests to the detriment of the
				profession.
6. Registrants shall be
				truthful in professional reports, statements, or testimony. Registrants shall
				include all relevant and pertinent information in such reports, statements, or
				testimony.
7. Registrants shall not
				willfully engage in any conduct or practice that intentionally deceives the
				public.
8. Registrants shall not
				use statements containing a material misrepresentation of fact or omitting a
				material fact necessary to keep statements from being misleading or statements
				intended or likely to create an unjustified expectation.
General Authority:
NDCC 43-19.1-08
Law Implemented:
NDCC
					 43-19.1-24
North Dakota Administrative Code › Title 28 - Engineers and Land Surveyors, Board of Registration for Professional › Article 28-03.1 - Rules of Professional Conduct › Chapter 28-03.1-01 - Code of Ethics › Section 28-03.1-01-04 - Protection of public

Current through Supplement No. 393, July, 2024
Registrants shall be cognizant that their first and foremost responsibility is to the public welfare in the performance of services to clients and employers. The registrant:
1. Will regard one's duty to the public welfare as paramount.
2. Will not complete, sign, or seal plans or specifications that are not of a design safe to the public health and welfare and in conformity with accepted standards. In the course of work on a project, if a registrant becomes aware of an action taken by the client or employer against the registrant's advice that violates applicable state or municipal laws and regulations and which, in the registrant's judgment, will adversely affect the public life, health, or safety, the registrant shall take the following actions:
a. Advise the client or employer in writing of the registrant's refusal to consent to the decision and give reasons for that refusal; and
b. If the registrant's advice is ignored despite the objection, the registrant shall provide a copy of the registrant's objection and reasoning to the public official charged with the enforcement of the applicable state or municipal laws and regulations.
North Dakota Administrative Code › Title 28 - Engineers and Land Surveyors, Board of Registration for Professional › Article 28-03.1 - Rules of Professional Conduct › Chapter 28-03.1-01 - Code of Ethics › Section 28-03.1-01-05 - Advertising

Current through Supplement No. 393, July, 2024
Registrants shall not falsify or permit misrepresentation of their, or their associates', academic or professional qualifications. They shall not misrepresent or exaggerate their degree of responsibility in or for the subject matter of prior assignments. Brochures or other presentations incident to the advertisement shall not misrepresent pertinent facts concerning employers, employees, associates, joint ventures, or past accomplishments with the intent and purpose of enhancing their qualifications and their work.
General Authority: NDCC 43-19.1-08
Law Implemented: NDCC 43-19.1-24
North Dakota Administrative Code › Title 28 - Engineers and Land Surveyors, Board of Registration for Professional › Article 28-03.1 - Rules of Professional Conduct › Chapter 28-03.1-01 - Code of Ethics › Section 28-03.1-01-07 - Issuance of public statements related to engineering or surveying

Current through Supplement No. 393, July, 2024
Registrants shall express a professional opinion publicly only when it is founded upon an adequate knowledge of the facts and a competent evaluation of the subject matter.
1. Registrants shall not willfully engage in any conduct or practice that deceives the public.
2. Registrants shall not use statements containing a material misrepresentation of fact or omitting a material fact.
3. Registrants shall express an opinion only when it is founded upon accurate information.
4. The registrant shall be completely objective and truthful in all professional reports, statements, or testimony. Registrants shall include all relevant and pertinent information in such reports, statements, or testimony.
5. The registrant, when serving as an expert or technical witness before any court, commission, or other tribunal, shall express an opinion only when it is founded upon adequate knowledge of the facts in issue, upon a background of technical competence in the subject matter, and upon honest conviction of the accuracy and propriety of the testimony.
6. The registrant will issue no statements, criticisms, or arguments on professional matters connected with public policy that are inspired or paid for by an interested party or parties, unless such statement is prefaced with a comment explicitly identifying the registrant, by disclosing the identity of the party or parties on whose behalf the statement is being made, and by revealing the existence of any pecuniary interest the registrant may have in the instant matter.
General Authority: NDCC 43-19.1-08
Law Implemented: NDCC 43-19.1-24
North Dakota Administrative Code › Title 28 - Engineers and Land Surveyors, Board of Registration for Professional › Article 28-03.1 - Rules of Professional Conduct › Chapter 28-03.1-01 - Code of Ethics › Section 28-03.1-01-08 - Qualification for work projects

Current through Supplement No. 393, July, 2024
The registrant will undertake assignments for which the registrant will be responsible only when qualified by education or experience. The registrant will engage, or advise engaging, experts and specialists whenever the client's or employer's interests are best served by such service.
1. The registrant may accept an assignment requiring education, training, or experience outside of the registrant's own field of competence, but only to the extent that such services are restricted to those phases of the project in which the registrant is qualified. All other phases of such project shall be performed by qualified associates, consultants, or employees.
2. The registrant shall not affix the registrant's signature or seal, or both, to any plan or document dealing with subject matter in which the registrant lacks competence acquired through education or experience, nor to any plan or document not prepared by the registrant or under the registrant's responsibility. In the event a question as to the competence of a registrant to perform a professional assignment in a specific technical field arises and cannot be otherwise resolved to the satisfaction of the board, the board, upon request of the registrant or by its own volition, may require the registrant to submit to whatever examination it deems appropriate.
3. In providing services, the registrant shall take into account all applicable federal, state, and local laws and regulations. The registrant shall not knowingly provide services resulting in violation of such laws and regulations.
General Authority: NDCC 43-19.1-08
Law Implemented: NDCC 43-19.1-24
North Dakota Administrative Code › Title 28 - Engineers and Land Surveyors, Board of Registration for Professional › Article 28-03.1 - Rules of Professional Conduct › Chapter 28-03.1-01 - Code of Ethics › Section 28-03.1-01-09 - Disclosure of confidential information

Current through Supplement No. 393, July, 2024
Registrants may not disclose, or use for the purpose not
				  related to their employment, or retain other than in connection with their
				  employment, confidential information concerning the business affairs or
				  technical processes of any present or former client or employer without the
				  client's or employer's consent, as applicable. Confidential information
				  concerning business affairs includes information that would be considered a
				  trade secret or technical process. Confidential information also includes
				  financial information, information regarding clients or vendors, information
				  regarding market strategy, information regarding compensation paid to other
				  employees, and any other information either not generally known to the public
				  or designated by the client or employer as confidential. In addition:
1. Registrants in the employ of others,
				without the consent of all interested parties, shall not enter promotional
				efforts or negotiations for work or make arrangements for other employment as a
				principal or to practice in connection with a specific project for which the
				registrant has gained particular and specialized knowledge.
2. Without the consent of all interested
				parties, registrants shall not participate in or represent an adversary
				interest in connection with a specific project or proceeding in which the
				registrant has gained particular specialized knowledge on behalf of a former
				client or employer.
General Authority:
NDCC 43-19.1-08
Law Implemented:
NDCC
					 43-19.1-24