Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 37 - STATE REGISTRATION BOARD FOR PROFESSIONAL ENGINEERS, LAND SURVEYORS AND GEOLOGISTS › DISCIPLINARY PROCESS AND PROCEDURES › Section 37.81 - Misconduct

Current through Register Vol. 54, No. 28, July 13, 2024
A professional engineer, professional land surveyor or
						professional geologist who is found guilty by the Board of gross negligence,
						incompetency or misconduct in the practice of engineering, land surveying or
						geology or of a violation of the Code of Ethics of the profession of
						engineering or land surveying is subject to disciplinary action under section
						4(g) of the act (63 P. S. §
												151(g)). Misconduct in the
						practice of engineering, land surveying or geology includes the
						following:
(1) Being convicted of a
					 criminal offense such as extortion, bribery or fraud or entry of a plea of nolo
					 contendere to a charge thereof for conduct relating to the practice of
					 engineering, land surveying or geology.
(2) Being unable to practice engineering,
					 land surveying or geology with reasonable skill and safety by reason of
					 drunkenness, use of controlled substances, chemicals or other types of
					 inhibiting materials, or as a result of a mental or physical incapacity which
					 prevents the practice of engineering, land surveying or geology.
(3) Failing to exercise supervision over a
					 person who is authorized by the employer to practice engineering, land
					 surveying or geology only under the supervision of a professional engineer,
					 professional land surveyor or professional geologist.
(4) Delegating responsible charge to an
					 individual who the professional engineer, professional land surveyor or
					 professional geologist knows or has reason to know is not qualified by training
					 or experience to personally and independently engage in and be entrusted with
					 the work involved in the practice of engineering, land surveying or
					 geology.
(5) Being convicted of a
					 felony in a state or Federal court or being convicted of a misdemeanor in the
					 practice of engineering, land surveying or geology. As used in this paragraph,
					 the term "convicted" includes a finding or verdict of guilt, an admission of
					 guilt or a plea of nolo contendere.
(6) Making misleading, deceptive, untrue or
					 fraudulent representations in the practice of engineering, land surveying or
					 geology.
(7) Practicing fraud or
					 deceit in obtaining a license to practice engineering, land surveying or
					 geology.
(8) Submitting a false or
					 deceptive biennial registration to the Board.
(9) Reviewing on behalf of a public entity or
					 an agency of government plans on which the individual performing the review, or
					 a member or employe of the individual's firm, has participated in any manner,
					 including an advisory capacity. A violation of the act of October 4, 1978 (P. L
					 883, No. 170) (65 P. S. §§
												401-413), known as the Public Official and
					 Employee Ethics Law, as the violation relates to the practice of engineering,
					 land surveying or geology, is a violation of this section and
					 chapter.
(10) Violating a provision
					 of the act or this chapter.
(11)
					 Having a license to practice engineering, land surveying or geology suspended
					 or revoked or having other disciplinary action taken for conduct relating to
					 the practice of engineering, land surveying or geology, by the proper licensing
					 authority of another state, territory or country.
This section cited in 49 Pa. Code §
													37.20 (relating to licensure by
						  endorsement).