Title 28

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CHAPTER 28-01-01
ORGANIZATION OF BOARD

Section
28-01-01-01 Organization of Board of Registration for Professional Engineers and Land Surveyors

28-01-01-01. Organization of board of registration for professional engineers and land surveyors.

1. History and function. The 1943 legislative assembly first provided for registration of professional engineers by a law codified as North Dakota Century Code chapter 43-19. The 1957 legislative assembly first provided for registration of land surveyors by a law codified as North Dakota Century Code chapter 43-24. In 1967 the legislative assembly repealed both of these chapters and replaced them with one chapter regulating professional engineers and land surveyors under the board of registration for professional engineers and land surveyors. The chapter is codified as North Dakota Century Code chapter 43-19.1. The function of the board is to regulate the practice of engineering and land surveying by registering qualified engineers and land surveyors.

2. Board membership. The board is appointed by the governor and consists of four professional engineer members and one professional land surveyor member. Each professional engineer member must be a registered professional engineer whose name has been submitted to the governor by the North Dakota society of professional engineers for appointment. The professional land surveyor member must be a registered professional land surveyor whose name has been submitted to the governor by the North Dakota society of professional land surveyors for appointment. Members of the board serve five-year terms, and one term expires each year.

3. Executive secretary. The executive secretary is appointed by the board and is responsible for administration of the board’s activities.

4. Inquiries. Inquiries regarding the board may be addressed to the executive secretary:

History: Amended effective January 1, 1980; February 1, 1984; November 1, 1985; January 1, 1988; August 1, 1994; April 1, 1999.
General Authority: NDCC 28-32-02.1
Law Implemented: NDCC 28-32-02.1

CHAPTER 28-01-02.1 BOARD BYLAWS AND ADMINISTRATION

28-01-02.1-01. Meetings. The board shall hold meetings at least twice each year, including at least one in January and one in July. The chairman may call special meetings when the chairman deems such meetings necessary. The executive secretary shall give public notice as required by law. The date, time, and place of each meeting must be mutually agreed upon by a quorum of the board. All meetings of the board, whether regular meetings or special meetings, must be open public meetings.

History: Effective January 1, 1988; amended effective August 1, 1994; April 1, 1999.
General Authority: NDCC 43-19.1-08
Law Implemented: NDCC 43-19.1-07

28-01-02.1-02. Items of business - Rules of procedure. Items of business must include:

1. Roll call.
2. Minutes of last meeting; approval.
3. Agenda.
4. Financial report; approval - roll call vote.
5. Appearances; guest, applicants, complainants, defendants.
6. Unfinished business.
7. Applications.
8. New business.
9. Status report of complaints and investigations.
10. Adjournment.

Robert’s Rules of Order must govern procedure of the board except as otherwise provided by this chapter.

History: Effective January 1, 1988; amended effective April 1, 1999.
General Authority: NDCC 43-19.1-08
Law Implemented: NDCC 43-19.1-07

28-01-02.1-03. Board quorum. A quorum of the board is required to transact business.

History: Effective January 1, 1988.
General Authority: NDCC 43-19.1-08
Law Implemented: NDCC 43-19.1-07

28-01-02.1-04. Officers and board staff.

1. The board shall hold an election at the first meeting after July first of each year and elect a chairman, vice chairman, and secretary.
2. Each officer will be elected for one year and may be reelected.
3. The chairman:
   a. Shall be the executive head of the board.
   b. Shall preside at all meetings when present.
   c. Shall call meetings of the board when the chairman deems such meetings necessary.
   d. Shall sign all certificates of registration.
4. The vice chairman shall in the absence or incapacity of the chairman exercise the duties and shall possess all the powers of the chairman.
5. The secretary shall sign all official documents prepared by the board and shall sign all certificates of registration.
6. The executive secretary shall perform all duties as may be prescribed by the board.
7. The secretary or executive secretary shall give to the state a surety bond in an amount determined by the board.
8. The office of the board may be established at a place designated by the board.
9. The board shall establish, appoint, and create ad hoc or standing committees to study, research, and evaluate such matters as assigned. For each committee a chairman must be designated.
10. Board officers and members serve without compensation except for vouchered per diem when engaged in state business approved by the board and for vouchered subsistence,  lodging, and travel expenses at the rates established for any other state employee.
11. The board staff members must be reimbursed vouchered expenses for approved travel and subsistence at state rates.

History: Effective January 1, 1988; amended effective April 1, 1999.
General Authority: NDCC 43-19.1-08
Law Implemented: NDCC 43-19.1-03
28-01-02.1-05. Forms - Records - Roster - Reports.
1. Forms. The board shall prescribe forms for applications and other
documents. Copies of the forms and the instructions for completing
the forms must be obtained by request from the board office. All
applications and documents must be completed in accordance with the
board’s instructions.
2. Records.
a. The open records law requires that most records, papers, and
reports of the board are public in nature and may be obtained
through the executive secretary upon request and payment of
costs of reproduction, handling, and mailing.
b. The board shall keep a record of all its proceedings, including its
action on each application coming before the board.
c. The board shall keep a record of all applications and requests
received.
d. The board shall keep a record of all certificates issued.
e. The board shall keep a record of all complaints received and of any
actions taken on those complaints.
3. Roster. The closing date for all registrants to be included in the roster
for any year is March first. The roster must contain, among other things,
the names of all registered professional engineers and registered land
surveyors showing the registrant’s address. Copies of the roster must
be made available and mailed upon request at no cost to each person
holding a current registration and mailed to or made available to all
county and city auditors and clerks of district courts. Copies must
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be placed on file with the secretary of state and with the libraries in
accordance with the state repositories laws. Copies may be sold to the
public at a cost not less than the cost of publication and postage.
4. Annual reports. An annual report, an annual audit report, and such
other summaries as required must be filed with the appropriate state
agencies as required, such as the office of the governor, state auditor,
and secretary of state.
History: Effective January 1, 1988; amended effective August 1, 1994; April 1,
1999.
General Authority: NDCC 43-19.1-08
Law Implemented: NDCC 43-19.1-09, 43-19.1-10, 43-19.1-11
28-01-02.1-06. Statement of purpose of rules - Amendments.
1. Purpose of rules. The purpose of these rules is to ensure proper,
equitable, and uniform performance of the duties of the board of
registration by regulation of its members, personnel, meetings,
records, examinations, and the conduct thereof.
2. Amendment of rules. These rules may be amended by the board in
accordance with North Dakota Century Code chapter 28-32.
History: Effective January 1, 1988; amended effective August 1, 1994; April 1,
1999.
General Authority: NDCC 43-19.1-08
Law Implemented: NDCC 43-19.1-08
28-01-02.1-07. Gender and definitions.
1. Gender. This title is to be read and interpreted in a nongender context
without regard to race, creed, or sex.
2. Definitions. The terms used throughout this title have the same
meaning as in North Dakota Century Code chapter 43-19.1, except:
a. "Accreditation board for engineering and technology accredited
curriculum"means those academic programs offered by institutions
of higher learning which the accreditation board for engineering and
technology (ABET) certify to have met the criteria and qualifications
required to receive the designations as accredited programs in the
education, training, and preparation of the graduates from such
programs; engineering curriculum must have the accreditation
of the engineering accreditation commission (EAC) within the
accreditation board for engineering and technology and land
surveying curriculum must have either engineering accreditation
commission or technology accreditation commission (TAC) of
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the accreditation board for engineering and technology to be
acceptable to the board.
b. "Application" means the act of furnishing data, documents, and
such information under oath as may be required by the board and
on forms prescribed by the board.
c. "Code of ethics" means that set of rules prescribed by the board
and adopted herein which govern the professional conduct of all
registrants.
d. "Direct supervision" means the activities of that person who
is in responsible charge of technical, engineering, or land
surveying work in progress, whose professional skill and judgment
are embodied in the plans, specifications, reports, plats, or
other documents required to be certified pursuant to section
28-02.1-08-01. A person in direct supervision of work directs the
work of other registrants, interns, draftspersons, technicians, or
clerical persons assigned to that work.
e. "Engineering intern" and "land surveyor (surveying) intern" are
recognized by the board as synonymous with engineer-in-training
and land surveyor-in-training provided the intern designations
are conferred under the same requirements as the "in-training"
designations pursuant to these rules.
f. "Examination" means that series of tests prescribed by the board
which are developed to ascertain the level of proficiency in the
fundamentals and in the practices of the professions regulated by
the board.
g. "Gross negligence" means a substantial deviation in professional
practice from the standard of professional care exercised by
members of the registrant’s profession, or a substantial deviation
from any technical standards issued by a nationally recognized or
state-recognized professional organization, or both, comprised of
members of the registrant’s profession, or a substantial deviation
from requirements contained in state laws, board regulations, local
ordinances, or regulations related to the registrant’s professional
practice.
h. "Incompetence" means to lack the professional qualifications,
experience, education, or combination thereof to undertake a
professional engagement or assignment. The following acts or
omissions, among others, may be deemed to be "incompetence"
and to be cause for denial, suspension, or revocation of a certificate
of registration to practice engineering or land surveying and the
imposition of any other lawful discipline. Incompetence includes:
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(1) Recklessness or excessive errors, omissions, or failures in
the registrant’s record of professional practice.
(2) Mental or physical disability or addiction to alcohol or drugs
which leads to the impairment of the registrant’s ability to
exercise due skill and care in providing professional services
so as to endanger the health, safety, and welfare of the public.
i. "Misconduct" means:
(1) Conviction of any crime reasonably related to the practice of
the registrant’s profession;
(2) An adverse civil adjudication involving dishonesty, gross
negligence, or incompetence;
(3) Suspension or revocation or voluntary surrender of a
professional license or registration by this state or by any
other jurisdiction;
(4) Any act or practice in violation of the rules of professional
conduct as set forth in sections 28-03.1-01-01 through
28-03.1-01-17;
(5) Violation of any of the administrative rules set forth in this title;
or
(6) Knowingly fail to comply with continuing professional
competency requirements set forth in article 28-04.
j. "Registrant" means any person holding a current certificate of
registration as a professional engineer, a registered land surveyor,
or any combination thereof, or a certificate of authorization, which
has been duly issued by the board.
History: Effective January 1, 1988; amended effective August 1, 1994; April 1,
1999; October 1, 2004.
General Authority: NDCC 43-19.1-08
Law Implemented: NDCC 43-19.1-08
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ARTICLE 28-02.1
ENGINEER AND LAND SURVEYOR REGISTRATION
Chapter
28-02.1-01 Applications
28-02.1-02 Processing Applications
28-02.1-03 Types of Registration
28-02.1-04 General Requirements
28-02.1-05 Qualifications and Requirements for Engineers
28-02.1-06 Qualifications and Requirements for Land Surveyors
28-02.1-07 Certificates of Authorization - Partnerships - Corporations
28-02.1-08 Certificates and Seals
28-02.1-09 Expirations - Renewals - Reinstatements
28-02.1-10 Examinations and Fees
28-02.1-11 Emergency and Remote Practice by Foreign Practitioners
28-02.1-12 Retired Status
28-02.1-13 Documents Used to Convey Real Property or Any Interest Therein
CHAPTER 28-02.1-01
APPLICATIONS
Section
28-02.1-01-01 Applications - Kinds of Applications
28-02.1-01-02 Completing Applications
28-02.1-01-03 Applications From Nonresidents [Repealed]
28-02.1-01-04 Applications From Applicants With Degrees From Foreign
Schools
28-02.1-01-05 Disposition of Applications
28-02.1-01-06 Reconsideration of Applications
28-02.1-01-07 Retention of Records of Applications
28-02.1-01-01. Applications - Kinds of applications. Applications may be
submitted to the board for registration as a:
1. Engineer-in-training.
2. Land surveyor-in-training.
3. Professional engineer.
a. Examination.
b. Endorsement.
4. Registered land surveyor.
a. Examination.
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b. Endorsement.
5. Professional engineer temporary permitholder.
6. Business with a certificate of authorization to practice engineering or
land surveying.
7. Reinstatement for lapsed registration of a certificate holder.
History: Effective January 1, 1988; amended effective August 1, 1994;
April 1, 1999.
General Authority: NDCC 43-19.1-08
Law Implemented: NDCC 43-19.1-08
28-02.1-01-02. Completing applications.
1. All data and information requested on the board’s application forms
must be furnished accurately and completely.
2. When space provided on forms is inadequate, use supplementary
sheets provided by this board (or if not provided, sheets of a good
grade of white paper, eight and one-half by eleven inches [215.90 by
279.40 millimeters] are to be used).
3. All applications made to this board must be subscribed and sworn to on
the forms used by the applicant before a notary public or other persons
qualified to administer oaths.
4. In order to allow sufficient time for processing and for securing
examinations, all applications which may require examinations must
be filed with this board prior to January first for the spring examinations
and July first for the fall examinations.
5. Withholding information or providing statements which are untrue or
misrepresent the facts may be cause for denial of an application.
6. It is the responsibility of the applicant to supply correct addresses
of all references and to be sure that the references are supplied as
requested. If a reference fails to respond, this will delay the processing
of an application either until a reply is obtained or another reference is
supplied.
7. In relating experience, the applicant must account for all employment
or work experience for the period of time which has elapsed since the
beginning of the employment record. If not employed, or employed in
other kinds of work, this should be indicated in the experience record.
8. Applications for registration properly executed and issued with
verification by the national council of examiners for engineers and
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surveyors (NCEES) will be accepted in lieu of the same information
that is required on the form prescribed and furnished by this board.
History: Effective January 1, 1988; amended effective August 1, 1994;
April 1, 1999.
General Authority: NDCC 43-19.1-08
Law Implemented: NDCC 43-19.1-12
28-02.1-01-03. Applications from nonresidents. Repealed effective
April 1, 1999.
28-02.1-01-04. Applications from applicants with degrees from foreign
schools.
1. All foreign language documentation submitted with the completed
application must be accompanied with translations certified to be
accurate by a competent authority.
2. All applicants shall furnish evidence of experience which can be verified.
3. All applicants seeking registration must be prepared to write
examinations which are administered in the English language.
4. The board may require foreign curricula to be evaluated by university
faculty administering accreditation board for engineering and
technology accredited engineering programs, or national council
of examiners for engineering and surveying recommendations on
foreign engineering curricula may serve as the board’s guide for
evaluation.
5. Those applicants who for political or other valid reasons are unable
to obtain their college transcripts may be required to complete a
supplementary application form as approved by the board.
History: Effective January 1, 1988; amended effective August 1, 1994; April 1,
1999; October 1, 2004.
General Authority: NDCC 43-19.1-08
Law Implemented: NDCC 43-19.1-13
28-02.1-01-05. Disposition of applications. Applications may be
approved; deferred for further information, more experience, acceptable
references, or other reasons as determined by the board; or may be denied.
1. Approved applications. When an application is approved by the board
showing that the applicant has met all the requirements for registration
or certification required by the statutes of this state, the applicant must
be granted registration or certification with notification by the executive
secretary of the board.
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2. Deferred applications. Applications deferred for any reason require
proper remedy as requested before further consideration by the board.
3. Denied applications. Applications may be denied when in the board’s
judgment:
a. Reinstatement is requested after revocation and there is insufficient
rehabilitation;
b. An application has been denied for cause in other jurisdictions; or
c. The applicant has failed to establish the applicant is of good
character and reputation.
History: Effective January 1, 1988; amended effective August 1, 1994; April 1,
1999; October 1, 2004.
General Authority: NDCC 43-19.1-08
Law Implemented: NDCC 43-19.1-25
28-02.1-01-06. Reconsideration of applications. Reconsiderationmay be
requested of an application which has been denied or deferred when the request is
based on additional information. Request must be made within one year after the
decision of the board to deny or defer the original application.
History: Effective January 1, 1988; amended effective August 1, 1994;
April 1, 1999.
General Authority: NDCC 43-19.1-08
Law Implemented: NDCC 43-19.1-08, 43-19.1-14, 43-19.1-17
28-02.1-01-07. Retention of records of applications.
1. All applications, approved or deferred, unless otherwise specified in this
or other sections of this chapter, will be retained in accordance with
North Dakota Century Code section 54-46-10 and article 4-09 of the
North Dakota Administrative Code.
2. All applications for which required information has not been furnished
for one year or more after the last entry in the applicant’s file must be
deemed to be an incomplete application. Incomplete applications may
be destroyed.
3. Information may be extracted from approved applications to prepare
the required publication of the roster. Such information may be stored
on computer storage disks or tapes. From time to time information
may be added to the records as it is supplied to the board. Added
information may include address changes, notices of disciplinary
actions, suspensions, lapses, or reinstatements.
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4. At all times, upon proof of identity, an applicant’s file is available for
review. In no case may original documents be altered, removed, or
returned. Application records once submitted become the property of
the board.
History: Effective January 1, 1988; amended effective August 1, 1994;
April 1, 1999.
General Authority: NDCC 43-19.1-08
Law Implemented: NDCC 43-19.1-12
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CHAPTER 28-02.1-02
PROCESSING APPLICATIONS
Section
28-02.1-02-01 Processing of Applications
28-02.1-02-01. Processing of applications.
1. Application forms for registration as a professional engineer or land
surveyor may be obtained from the office of the board of registration
for professional engineers and land surveyors.
2. Applications for registration by examination must be filed with the board
office prior to January first for the spring examinations and July first for
the fall examinations.
3. All information received from references named by the applicant must
be received at the board office. No member of the board or relative of
the applicant may be named as a reference.
4. An applicantmay not be admitted to the examination until the applicant’s
application has been received, processed, and approved by the board.
5. An applicant may not confer with any member of the board regarding
an applicant’s case while it is pending before the board. Any applicant
may appear before the board at a scheduled meeting.
6. Applicants whose applications have been approved, but who fail to
appear for examination four consecutive times, must be deemed to
have withdrawn their applications. Further consideration must be
based on reapplication.
History: Effective January 1, 1988; amended effective August 1, 1994; April 1,
1999; October 1, 2004.
General Authority: NDCC 43-19.1-08
Law Implemented: NDCC 43-19.1-08, 43-19.1-12
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CHAPTER 28-02.1-03
TYPES OF REGISTRATION
Section
28-02.1-03-01 Types of Registration
28-02.1-03-01. Types of registration. 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 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 has 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.
2. Registration by endorsement. Registration by endorsement is for
engineers or land surveyors who hold a current registration in another
jurisdiction who substantially meet or have met, in the opinion of the
board, the following requirements and qualifications:
a. Qualifications and requirements - Professional engineer.
(1) Graduates from a four-year or more engineering program
accredited by the accreditation board for engineering and
technology must satisfy the following requirements:
(a) Pass an eight-hour examination in engineering
fundamentals.
(b) Have a minimum of four years of acceptable
engineering experience.
(c) Pass an eight-hour examination in the principles and
practice of engineering.
(2) Graduates from a four-year or more engineering program not
accredited by the accreditation board for engineering
and technology that, in the opinion of the board, is
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substantially equivalent to engineering must satisfy the
following requirements:
(a) Pass an eight-hour examination in engineering
fundamentals.
(b) Have a minimum of eight years of acceptable
engineering experience.
(c) Pass an eight-hour examination in the principles and
practice of engineering.
(3) Graduates from a four-year or more engineering-related
curriculum, that, in the opinion of the board, is substantially
equivalent to engineering must satisfy the following
requirements:
(a) Pass an eight-hour examination in engineering
fundamentals.
(b) Have a minimum of twelve years of acceptable
engineering experience, the last six years of which
demonstrates progressive experience in applying the
principles and methods of engineering analysis and
design.
(c) Pass an eight-hour examination in the principles and
practice of engineering.
(4) Teacher of engineering. A teacher of engineeringmust satisfy
the following requirements:
(a) Pass an eight-hour examination in engineering
fundamentals.
(b) The individual must have taught engineering, for a
minimum of four years, in a college or university
offering an engineering curriculum approved by the
board and must have a minimum of two years of
practical engineering experience satisfactory to the
board.
(c) Pass an eight-hour examination in the principles and
practice of engineering.
b. Qualifications and requirements - Registered land surveyor.
(1) A graduate of a four-year or more land surveying or
engineering program accredited by the accreditation board
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for engineering and technology must satisfy the following
requirements:
(a) Pass an eight-hour examination in fundamentals of land
surveying.
(b) Have a minimum of four years of experience in land
surveying work of a character satisfactory to the
board and indicating that the applicant is competent to
practice land surveying.
(c) Pass an examination in the principles and practices of
land surveying.
(d) Pass an examination pertaining to land surveying laws,
procedures, and practices in North Dakota.
(2) A graduate from a land surveying or engineering program
not accredited by the accreditation board for engineering
and technology and approved by the board must satisfy the
following requirements:
(a) Pass an eight-hour examination in fundamentals of land
surveying.
(b) Have a minimum of six years of experience in land
surveying work of a character satisfactory to the
board and indicating that the applicant is competent to
practice land surveying.
(c) Pass an examination in the principles and practices of
land surveying.
(d) Pass an examination pertaining to land surveying laws,
procedures, and practices in North Dakota.
(3) All other land surveying applicants not qualifying under
paragraphs 1 and 2 must satisfy the following requirements:
(a) Pass an eight-hour examination in fundamentals of land
surveying.
(b) Have a minimum of eight years of experience in
land surveying work of a character satisfactory to the
board and indicating that the applicant is competent
to practice land surveying. Up to two years of credit
toward experience requirements may be granted upon
completion of equivalent time in a board-approved land
surveying or engineering curriculum.
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(c) Pass an examination in the principles and practices of
land surveying.
(d) Pass an examination pertaining to land surveying laws,
procedures, and practices in North Dakota.
3. Temporary permit - Temporary registration. Educational and
experience requirements must comply with North Dakota law. A
one-time temporary permit may be issued on the basis of one project
and may not exceed one year. The applicant must be legally qualified
to practice in the state or country of residence and must have current
registration. A temporary permit must be approved prior to submission
of plans and specifications for the execution of a project. Temporary
permits for land surveyors are not authorized by North Dakota law.
History: Effective January 1, 1988; amended effective April 1, 1999; October 1,
2004.
General Authority: NDCC 43-19.1-08
Law Implemented: NDCC 43-19.1-08, 43-19.1-12.1, 43-19.1-13, 43-19.1-14,
43-19.1-16, 43-19.1-29
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CHAPTER 28-02.1-04
GENERAL REQUIREMENTS
Section
28-02.1-04-01 General Requirements
28-02.1-04-02 Experience
28-02.1-04-01. General requirements. All applicants must:
1. Complete their applications on forms furnished by the board.
2. Complete the application under oath (an affidavit is required).
3. Furnish references as required but may not include board members or
relatives of the applicant as references.
4. In the case of student applicants for the fundamentals of engineering
and for the fundamentals of land surveying examinations, certification
by the dean of the college or the dean’s appropriate designee agreed
upon by the board may be used in lieu of references.
History: Effective January 1, 1988; amended effective April 1, 1999; October 1,
2004.
General Authority: NDCC 43-19.1-08
Law Implemented: NDCC 43-19.1-12
28-02.1-04-02. Experience. 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. Generally, military experience is not favored by the board
unless the applicant served in a military engineering related component
of the armed services.
2. Experience must be of a grade and character which indicates to the
board that the applicant may be competent to practice and preferably
be gained under the supervision of a registered professional engineer
or 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.
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5. 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.
History: Effective January 1, 1988; amended effective August 1, 1994; April 1,
1999.
General Authority: NDCC 43-19.1-08
Law Implemented: NDCC 43-19.1-14, 43-19.1-15, 43-19.1-16, 43-19.1-17
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CHAPTER 28-02.1-05
QUALIFICATIONS AND REQUIREMENTS FOR ENGINEERS
Section
28-02.1-05-01 Qualifications and Requirements - Engineers-in-Training
28-02.1-05-02 Qualifications and Requirements - Professional Engineer
28-02.1-05-01. Qualifications and requirements - Engineers-in-training.
Engineer-in-training applicants must satisfy the following requirements:
1. A graduate of a four-year or more engineering program accredited
by the accreditation board for engineering and technology may be
approved to write the fundamentals of engineering examination. Senior
year students within one year of graduation may be approved to write
the fundamentals of engineering examination.
2. A graduate of a four-year or more engineering program not accredited
by the accreditation board for engineering and technology and four
additional years of acceptable experience may be approved to write
the fundamentals of engineering examination.
3. A graduate of a four-year ormore engineering-related curriculum that, in
the opinion of the board, is substantially equivalent to engineering must
acquire six years of acceptable engineering experience before theymay
be approved to write the fundamentals of engineering examination.
History: Effective January 1, 1988; amended effective August 1, 1994; April 1,
1999; October 1, 2004.
General Authority: NDCC 43-19.1-08
Law Implemented: NDCC 43-19.1-14, 43-19.1-15
28-02.1-05-02. Qualifications and requirements - Professional
engineer. These requirements must be acquired as listed in the following
categories:
1. Graduates from a four-year or more engineering program accredited by
the accreditation board for engineering and technology must satisfy the
following requirements:
a. Pass an eight-hour examination in engineering fundamentals.
b. Have a minimum of four years of acceptable engineering
experience subsequent to graduation and prior to writing the
principles and practice of engineering examination.
c. Pass an eight-hour examination in the principles and practice of
engineering.
21
2. Graduates from a four-year ormore engineering program not accredited
by the accreditation board for engineering and technology must satisfy
the following requirements:
a. Pass an eight-hour examination in engineering fundamentals.
b. Have a minimum of eight years of acceptable engineering
experience subsequent to graduation and prior to writing the
principles and practice examination.
c. Pass an eight-hour examination in the principles and practice of
engineering.
3. Graduates from a four-year or more engineering-related curriculum that,
in the opinion of the board, is substantially equivalent to engineering
must satisfy the following requirements:
a. Pass an eight-hour examination in engineering fundamentals.
b. Have a minimum of twelve years of acceptable engineering
experience, the last six years of which demonstrates progressive
experience in applying the principles and methods of engineering
analysis and design prior to writing the principles and practice of
engineering examination.
c. Pass an eight-hour examination in the principles and practice of
engineering.
4. A teacher of engineering must satisfy the following requirements:
a. Pass an eight-hour examination in engineering fundamentals.
b. Have taught engineering in a college or university offering an
engineering curriculum approved by the board for a minimum
of four years and have a minimum of two years of practical
engineering experience satisfactory to the board.
c. Pass an eight-hour examination in the principles and practice of
engineering.
History: Effective January 1, 1988; amended effective August 1, 1994; April 1,
1999; October 1, 2004.
General Authority: NDCC 43-19.1-08
Law Implemented: NDCC 43-19.1-14
22
CHAPTER 28-02.1-06
QUALIFICATIONS AND REQUIREMENTS FOR LAND SURVEYORS
Section
28-02.1-06-01 Qualifications and Requirements - Land
Surveyors-in-Training
28-02.1-06-02 Qualifications and Requirements - Registered Land Surveyor
28-02.1-06-01. Qualifications and requirements - Land
surveyors-in-training. Land surveyors-in-training applicants must meet the
following requirements:
1. A graduate of a four-year or more land surveying or engineering
program accredited by the accreditation board for engineering and
technology may be approved to write the fundamentals of land
surveying examination. Senior year students within one year of
graduation may be approved to write the fundamentals of land
surveying examination.
2. A graduate of a land surveying or engineering program not accredited
by the accreditation board for engineering and technology and
approved by the board and with two or more years of acceptable land
surveying experience may be approved to write the fundamentals of
land surveying examination.
3. a. All other applicants not qualifying under subsections 1 and 2 must
have at least four years of acceptable land surveying experience
before they may be approved to write the fundamentals of land
surveying examination.
b. Up to two years of credit toward experience requirements may be
granted upon completion of equivalent time in a board-approved
land surveying or engineering curriculum.
History: Effective January 1, 1988; amended effective August 1, 1994; April 1,
1999; October 1, 2004.
General Authority: NDCC 43-19.1-08
Law Implemented: NDCC 43-19.1-16.1
28-02.1-06-02. Qualifications and requirements - Registered land
surveyor. These requirements must be acquired as listed in the following
categories:
1. A graduate of a four-year or more land surveying or engineering
program accredited by the accreditation board for engineering and
technology must:
a. Pass an eight-hour examination in fundamentals of land surveying.
23
b. Have a minimum of four years of experience in land surveying
work of a character satisfactory to the board and indicating that
the applicant is competent to practice land surveying.
c. Pass an examination in the principles and practice of land
surveying.
d. Pass an examination pertaining to land surveying laws,
procedures, and practices in North Dakota.
2. A graduate from a land surveying or engineering program not accredited
by the accreditation board for engineering and technology and approved
by the board must:
a. Pass an eight-hour examination in fundamentals of land surveying.
b. Have a minimum of six years of experience in land surveying work
of a character satisfactory to the board and indicating that the
applicant is competent to practice land surveying.
c. Pass an examination in the principles and practice of land
surveying.
d. Pass an examination pertaining to land surveying laws,
procedures, and practices in North Dakota.
3. All other applicants not qualifying under subsections 1 and 2 must:
a. Pass an eight-hour examination in the fundamentals of land
surveying.
b. Have a minimum of eight years of experience in land surveying of
a character satisfactory to the board indicating that the applicant
is competent to practice land surveying. Up to two years of
credit toward experience requirements may be granted upon
completion of equivalent time in a board-approved land surveying
or engineering curriculum.
c. Pass an examination in the principles and practice of land
surveying.
d. Pass an examination pertaining to land surveying laws,
procedures, and practices in North Dakota.
History: Effective January 1, 1988; amended effective August 1, 1994; April 1,
1999; October 1, 2004.
General Authority: NDCC 43-19.1-08
Law Implemented: NDCC 43-19.1-16, 43-19.1-16.1
24
CHAPTER 28-02.1-07
CERTIFICATES OF AUTHORIZATION - PARTNERSHIPS - CORPORATIONS
Section
28-02.1-07-01 Applications
28-02.1-07-02 Issuance of Certificate of Authorization
28-02.1-07-01. Applications. Forms for making application to the board
are available from the board and require the applicant:
1. To set forth the corporate officers and directors or the business partners
byname and address.
2. To list the names and addresses of all employees who are duly
registered to practice professional engineering or land surveying in
North Dakota.
3. To set forth the name and address of the registered agent for those
business entities required to have a registered agent.
4. To set forth who are or will be in responsible charge of any engineering
or land surveying in this state, or both if the certificate of authorization
is for the dual practice of engineering and land surveying.
History: Effective January 1, 1988; amended effective April 1, 1999.
General Authority: NDCC 43-19.1-08
Law Implemented: NDCC 43-19.1-27
28-02.1-07-02. Issuance of certificate of authorization. Certificates of
authorization issued by the board are not transferable and require the holder to:
1. Advise the board within thirty days of any change of officers, directors,
partners, business addresses, registered agents, or of any disciplinary
actions which impair the registration and right to practice of any
employee or officer of record in North Dakota.
2. Renew and update annually the names and addresses of the
registered agent, officers, directors, or partners, and employees
practicing engineering or land surveying in North Dakota.
3. Keep and maintain its annual filing requirements with the secretary of
state’s office current and provide a copy of such to the board office.
25
4. Practice and performance of engineering or land surveying in this state
subject to the same disciplinary actions of suspension or revocation for
cause by the board of any individual registrant.
History: Effective January 1, 1988; amended effective April 1, 1999.
General Authority: NDCC 43-19.1-08
Law Implemented: NDCC 43-19.1-27
26
CHAPTER 28-02.1-08
CERTIFICATES AND SEALS
Section
28-02.1-08-01 Certificates
28-02.1-08-02 Seals
28-02.1-08-03 Use of Seals
28-02.1-08-01. Certificates.
1. Certificates of registration 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 as
determined by the board.
3. Certificates of authorization are signed by the chairman and secretary
and are issued on an annual basis.
History: Effective January 1, 1988; amended effective April 1, 1999.
General Authority: NDCC 43-19.1-08
Law Implemented: NDCC 43-19.1-20, 43-19.1-27
28-02.1-08-02. Seals.
1. The board has adopted standard seals or stamps similar to those
illustrated in this section for use by registered professional engineers
and 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 Land Surveyor", or
"Registered Professional Engineer & Registered Land Surveyor". 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.
27
2. Seals may be of rubber stamp, metal impression type, or electronic.
Electronic seals may be used but an electronic seal may not be used in
any document that is being transmitted in an editable digital format.
3. A registrant shall superimpose the registrant’s personal original
signature (not a rubber signature stamp or facsimile signature) and
date of signature across the face and beyond the circumference of the
seal. No further certification need accompany the seal and signature.
History: Effective January 1, 1988; amended effective August 1, 1994; April 1,
1999; October 1, 2004.
General Authority: NDCC 43-19.1-08
Law Implemented: NDCC 43-19.1-21
28-02.1-08-03. Use of seals.
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 must receive a seal and original
signature.
a. Studies, reports, and project specifications need the seal and
original signature only on a single introductory sheet.
b. Every sheet or drawing in an original set of engineering plans must
receive a seal and original signature.
2. Registrants may accept assignments and assume responsibility for
coordination of an entire project and sign and seal the engineering and
28
land surveying documents for the entire project, provided that each
technical segment is signed and sealed only by the qualified engineers
or land surveyors who prepared the segment.
3. Registrants shall not affix their signatures or seals to any engineering or
land surveying plan or document dealing with subject matter for which
the registrant lacks competence by virtue of education or experience,
nor to any such plan or document not prepared under the registrant’s
direct supervisory control.
4. A registrant shall not contract with a nonlicensed individual to provide
these professional services.
5. A registrantmay affix the seal and signature to drawings and documents
depicting the work of two or more professionals, either from the same or
different disciplines, provided it is designated by a note under the seal
the specific subject matter for which each is responsible.
6. Any changes made to the final plans, specifications, drawings, reports,
or other documents after final revision and sealing by the registrant are
prohibited by any person other than the registrant. In the event the
original registrant is not able to authorize any changes, the registrant’s
employer may authorize another duly registered individual to make
changes to final sealed documents.
a. Such changes to final sealed documents may be made only by a
duly registered individual.
b. A duly registered individual making changes to final sealed
documents must assume responsible charge and reseal the
directly related final documents.
c. If construction phase revisions are made to the plans, they must be
made by a duly registered individual, providing the change does not
affect functional design requirements.
7. Mere review of work prepared by another person, even if that person is
the registrant’s employee, does not constitute responsible charge.
8. A registrant may not affix the registrant’s seal or signature to documents
having titles or identities excluding the registrant’s name unless:
a. Such documents were developed by the registrant or under the
registrant’s responsible charge and the registrant has exercised full
authority to determine their development.
b. A registrant who is required to use the standard drawings of a
sponsoring agency need not affix the registrant’s seal and signature
to said standard drawings.
29
c. The registrant is providing the registrant’s opinion as to the
compliance of the document with specific identified rules or
statutes and it is clearly identified that the registrant only reviewed
the document and had no technical control over the contents of
the document.
9. Electronic reproductions of drawings, plan sheets, specifications,
studies, reports, plats, maps, and other engineering and surveying
work product that are distributed to reviewing agencies, owners,
clients, contractors, suppliers, and others shall be accompanied by
the following statement: "This document(s) was originally issued and
sealed by (name), Registration Number (number) on (date) and the
original documents are stored at (location)". Sets of plans or drawings
must have this statement attached to every sheet of the set. For
specifications, reports, and studies, only the cover or introductory sheet
need include this statement.
10. Paper or hard copy reproductions of drawings, plan sheets,
specifications, studies, reports, plats, maps, and other engineering
and surveying work product that are distributed to reviewing agencies,
owners, clients, contractors, suppliers, and others shall contain a
reproduction of the seal and signature. A new seal and original
signature will not be required with such paper distribution.
History: Effective October 1, 2004.
General Authority: NDCC 43-19.1-08
Law Implemented: NDCC 43-19.1-21
30
CHAPTER 28-02.1-09
EXPIRATIONS - RENEWALS - REINSTATEMENTS
Section
28-02.1-09-01 Expirations of Certificates of Registration
28-02.1-09-02 Renewals
28-02.1-09-03 Reinstatements
28-02.1-09-01. Expirations of certificates of registration.
1. The certificate of registration issued to land surveyors-in-training are
nonexpiring.
2. The certificates of registration issued to engineers-in-training are
nonexpiring for a period of twelve years and carry no provision for
renewal.
History: Effective January 1, 1988.
General Authority: NDCC 43-19.1-08
Law Implemented: NDCC 43-19.1-15, 43-19.1-16.1
28-02.1-09-02. Renewals. Registration and certificates of authorization
may be renewed as follows:
1. Every other year, beginning with 1999, the board shall mail renewal
notices prior to December first to the last address of record for each
registration and certificate holder advising of the amount of the renewal
fee and the pending expiration date.
2. A late fee of twenty-five dollars shall be imposed on renewals
postmarked after December thirty-first.
3. Renewal fees received will be acknowledged by returning to the
registrant a wallet card bearing the registrant’s name and registration
number or a new certificate of authorization duly signed, each
acknowledging renewal to the next date of expiration.
4. Receipt of renewals prior to March thirty-first will ensure that the
registrant’s name and address will be published in the next roster.
History: Effective January 1, 1988; amended effective November 1, 1998; April 1,
1999.
General Authority: NDCC 43-19.1-08
Law Implemented: NDCC 43-19.1-22
28-02.1-09-03. Reinstatements.
1. A registrant or a holder of a certificate of authorization who has allowed
the registrant’s or holder’s registration to lapse for more than two years,
31
but less than five years, may become reinstated by paying the renewal
fee for the current registration period plus two years’ back renewal
fee. A holder of a certificate of authorization who has allowed the
authorization to lapse for more than one year, but less than five years,
may become reinstated by paying the current year renewal fee plus
one year back renewal fee.
2. Registrations and certificates which have lapsed five years or more
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, upon written request to the board and payment
of the current renewal fee, may resume active engineering or land
surveying practice provided the retired registrant meets all other
requirements. At that time, the retired registrant shall be removed from
retired status and placed on valid or active status in the records of the
board. All rights and responsibilities of a valid or active registration
will be in effect, including compliance with continuing professional
competency requirements. At the date of expiration of the reinstated
certificate of registration, the registrant may elect to either continue
active registration or may again apply for retired registration in
accordance with the provisions of this chapter.
4. A registrant whose license has been lapsed or retired for one year or
more and who meets all other requirements may reinstate a lapsed
or retired license as allowed by this chapter. A registrant under this
subsection who has reinstated a license 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 or retired for less than
one year and who meets all other requirements may reinstate a lapsed
or retired license as allowed by this chapter. A registrant under this
subsection who has reinstated a license must show compliance within
the previous two years with the continuing professional competency
requirements set forth in article 28-04.
History: Effective January 1, 1988; amended effective November 1, 1998; April 1,
1999; October 1, 2004.
General Authority: NDCC 43-19.1-08
Law Implemented: NDCC 43-19.1-22
32
CHAPTER 28-02.1-10
EXAMINATIONS AND FEES
Section
28-02.1-10-01 Examinations
28-02.1-10-02 Fees
28-02.1-10-01. Examinations.
1. The engineering and land surveying examinations must be held in the
spring and fall of each year, with the time, date, and place set by the
board.
2. Orientation examinations for land surveyors require a score of eighty
or greater to pass the examination. An examination pertaining to land
surveying laws, procedures, and practices in North Dakota shall require
a passing score determined by the board but shall not be less than
seventy percent.
3. An applicant failing to pass a professional examination may take
the next scheduled examination after six months by payment of the
examination fee provided the applicant achieved a score of at least
fifty. An applicant failing to pass a professional examination with a
score of less than fifty may not apply for reexamination for one year
from the date of such examination.
4. 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.
History: Effective January 1, 1988; amended effective August 1, 1994; April 1,
1999.
General Authority: NDCC 43-19.1-08
Law Implemented: NDCC 43-19.1-19
28-02.1-10-02. Fees. Effective January 1, 1999, the following fees may not
exceed:
Registration Fees
Professional engineer $50.00
Land surveyor $50.00
Partnership or corporation $100.00
Temporary permit $50.00
33
Examination fee (in addition to the registration and renewal fees) at board
cost, including scoring and proctoring and ten dollars for postage and
handling.
Cost of administration of continuing education or professional competency
programs may be assessed and billed annually to the registrant. Billings will
be separately identified apart from the renewal fees.
Renewal Fees
Effective August 1, 2003, the following biennial renewal fees may not exceed
the following:
Professional engineer $200.00
Land surveyor $200.00
Professional engineer and land surveyor $400.00
Retiree $20.00
Effective August 1, 2003, the following annual renewal fees may not exceed
the following:
Partnership or corporation $100.00
History: Effective January 1, 1988; amended effective August 1, 1994;
November 1, 1998; April 1, 1999; October 1, 2004.
General Authority: NDCC 43-19.1-08
Law Implemented: NDCC 43-19.1-18, 43-19.1-27
34
CHAPTER 28-02.1-11
EMERGENCY AND REMOTE PRACTICE BY FOREIGN PRACTITIONERS
Section
28-02.1-11-01 Definitions
28-02.1-11-02 Indirect Practice Without a License
28-02.1-11-03 Emergency Practice Without a License
28-02.1-11-04 Direct Practice Without a License
28-02.1-11-01. Definitions. 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, which 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.
History: Effective November 1, 2002.
General Authority: NDCC 43-19.1-08
Law Implemented: NDCC 43-51-03
28-02.1-11-02. Indirect practice without a license. 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.
History: Effective November 1, 2002; amended effective October 17, 2002.
General Authority: NDCC 43-19.1-08
Law Implemented: NDCC 43-51-03
35
28-02.1-11-03. Emergency practice without a license. 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.
History: Effective November 1, 2002; amended effective October 17, 2002.
General Authority: NDCC 43-19.1-08
Law Implemented: NDCC 43-51-04
28-02.1-11-04. Direct practice without a license. 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.
History: Effective November 1, 2002; amended effective October 17, 2002.
General Authority: NDCC 43-19.1-08
Law Implemented: NDCC 43-51-05
36
CHAPTER 28-02.1-12
RETIRED STATUS
Section
28-02.1-12-01 Eligibility for Retired Status
28-02.1-12-02 Affidavit
28-02.1-12-03 Continuing Professional Competency Exemption
28-02.1-12-04 Privileges
28-02.1-12-05 Restrictions
28-02.1-12-06 Ineligibility for Retired Status
28-02.1-12-07 Penalties for Noncompliance
28-02.1-12-01. Eligibility for retired status. 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.
History: Effective October 1, 2004.
General Authority: NDCC 43-19.1-08
Law Implemented: NDCC 43-19.1-27
28-02.1-12-02. Affidavit. Those persons wishing to obtain the status of a
retired registration shall complete an affidavit on a form as provided by the board.
Affidavits shall be sent to the board office. Upon receipt of said affidavit and, if
deemed eligible by the board, the retired status would become effective on the
date of approval by the board. It shall not be necessary that an expired certificate
of registration be renewed to be eligible for this status. The board will not provide
refund of renewal fees if the application for retired status ismade and granted before
the date of expiration of the certificate of registration.
History: Effective October 1, 2004.
General Authority: NDCC 43-19.1-08
Law Implemented: NDCC 43-19.1-27
28-02.1-12-03. Continuing professional competency exemption.
Retired registrants are exempt from continuing professional competency
requirements.
History: Effective October 1, 2004.
General Authority: NDCC 43-19.1-08
Law Implemented: NDCC 43-19.1-27
28-02.1-12-04. Privileges. A retired registrant is permitted to:
1. Retain the board-issued wall certificate of registration;
37
2. Use the title professional engineer or registered 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.
History: Effective October 1, 2004.
General Authority: NDCC 43-19.1-08
Law Implemented: NDCC 43-19.1-27
28-02.1-12-05. Restrictions. 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 registered 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 corporation or act as the designated land
surveyor or land surveyor in responsible charge for a North Dakota land
surveying corporation; or
3. Apply the person’s professional engineer’s or 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.
History: Effective October 1, 2004.
General Authority: NDCC 43-19.1-08
Law Implemented: NDCC 43-19.1-27
38
28-02.1-12-06. Ineligibility for retired status. 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.
History: Effective October 1, 2004.
General Authority: NDCC 43-19.1-08
Law Implemented: NDCC 43-19.1-27
28-02.1-12-07. Penalties for noncompliance. Any violations of this
chapter shall be considered misconduct or malpractice, or both. Such violations
are subject to disciplinary action.
History: Effective October 1, 2004.
General Authority: NDCC 43-19.1-08
Law Implemented: NDCC 43-19.1-08
39
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
28-02.1-13-01. Survey requirements for preparation of legal
descriptions and conveyance of property. 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 real
property or any interest therein, including without limitation an auditor’s plat, outlot,
deed, or conveyance of easements or right of ways, 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
provided that descriptions used in the conveyance of right of ways or easements
may be prepared if the right of ways or easements are temporary. In addition,
descriptions used in conveyances of right of ways and easements may also be
prepared without the setting of all exterior monuments if:
1. The right of ways or easements are traceable by using established
monuments;
2. Exterior monuments are set wherever there is a change of width to the
right of ways or easements;
3. Exterior monuments are set wherever there is a change in direction of
the right of ways or easements other than changes of direction at section
corners; and
4. Monuments are set at intersections of right of ways or easements with
section lines.
History: Effective October 1, 2004.
General Authority: NDCC 43-19.1-08
Law Implemented: NDCC 43-19.1-01, 43-19.1-08
40
ARTICLE 28-03.1
RULES OF PROFESSIONAL CONDUCT
Chapter
28-03.1-01 Code of Ethics
CHAPTER 28-03.1-01
CODE OF ETHICS
Section
28-03.1-01-01 General Statement
28-03.1-01-02 Action by Another Jurisdiction
28-03.1-01-03 Standards of Integrity
28-03.1-01-04 Protection of Public
28-03.1-01-05 Advertising
28-03.1-01-06 Aid Public Understanding
28-03.1-01-07 Issuance of Public Statements Related to Engineering or
Surveying
28-03.1-01-08 Qualification for Work Projects
28-03.1-01-09 Disclosure of Confidential Information
28-03.1-01-10 Disclosure of Conflict of Interest
28-03.1-01-11 Compensation From Other Parties
28-03.1-01-12 Solicitation of Work
28-03.1-01-13 Reporting of Unethical or Illegal Practice
28-03.1-01-14 Professional Relationships
28-03.1-01-15 Proprietary Interests of Others
28-03.1-01-16 Professional Enhancement
28-03.1-01-17 Professional Registration Applications
28-03.1-01-01. General statement. 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 land
surveyor, and upon all agents, employees, officers, or partners.
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
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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.
All reference in this chapter to engineers and the profession of engineering
must be deemed to include land surveyors and the practice of land surveying.
The engineer or land surveyor must be guided in all professional relations
by the highest standards of integrity, and shall act in professional matters for each
client or employer as a faithful agent or trustee.
History: Effective January 1, 1988; amended effective April 1, 1999.
General Authority: NDCC 43-19.1-08
Law Implemented: NDCC 43-19.1-24
28-03.1-01-02. Action by another jurisdiction. 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.
History: Effective January 1, 1988; amended effective October 1, 2004.
General Authority: NDCC 43-19.1-08
Law Implemented: NDCC 43-19.1-25
28-03.1-01-03. Standards of integrity. 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.
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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 notify their employer.
4. Registrants shall not employ or attempt to employ an individual by false
or misleading pretenses.
5. Registrants shall avoid any act tending to promote their own interests
at the expense of the profession.
6. Registrants shall be truthful in professional reports, statements, or
testimony. They shall include all relevant and pertinent information in
such reports, statements, or testimony, which should bear the date
indicating when it was current.
7. Registrants shall avoid all conduct or practice which is likely to deceive
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.
History: Effective January 1, 1988; amended effective April 1, 1999; October 1,
2004.
General Authority: NDCC 43-19.1-08
Law Implemented: NDCC 43-19.1-24
28-03.1-01-04. Protection of public. 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. Is encouraged to seek opportunities to be of constructive service in
civic affairs and work for the advancement of the safety, health, and
well-being of the registrant’s community.
3. 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, which 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;
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b. If the registrant’s advice is ignored despite the objection, terminate
the registrant’s services to the project; and
c. 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.
History: Effective January 1, 1988; amended effective October 1, 2004.
General Authority: NDCC 43-19.1-08
Law Implemented: NDCC 43-19.1-24
28-03.1-01-05. Advertising. 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.
History: Effective January 1, 1988; amended effective April 1, 1999; October 1,
2004.
General Authority: NDCC 43-19.1-08
Law Implemented: NDCC 43-19.1-24
28-03.1-01-06. Aid public understanding. Registrants will endeavor
to extend public knowledge and appreciation of engineering or land surveying
and its achievements and to protect the profession from misrepresentation and
misunderstanding.
1. Registrants are encouraged to maintain interest in the public welfare
and be ready to apply their special knowledge, skill, and training for the
use and benefit of the public.
2. Registrants are encouraged to seek opportunities to participate in civic
affairs; career guidance for youths; and work for the advancement of
the safety, health, and well-being of their community.
History: Effective January 1, 1988; amended effective October 1, 2004.
General Authority: NDCC 43-19.1-08
Law Implemented: NDCC 43-19.1-24
28-03.1-01-07. Issuance of public statements related to engineering or
surveying. 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 avoid all conduct or practice that deceives the public.
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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
honest conviction of the accuracy and propriety of the statement.
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 which 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.
History: Effective January 1, 1988; amended effective April 1, 1999; October 1,
2004.
General Authority: NDCC 43-19.1-08
Law Implemented: NDCC 43-19.1-24
28-03.1-01-08. Qualification for work projects. The registrant will
undertake assignments for which the registrant will be responsible only when
qualified by training 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
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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.
History: Effective January 1, 1988; amended effective October 1, 2004.
General Authority: NDCC 43-19.1-08
Law Implemented: NDCC 43-19.1-24
28-03.1-01-09. Disclosure of confidential information. Registrants shall
not disclose 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.
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.
History: Effective January 1, 1988; amended effective October 1, 2004.
General Authority: NDCC 43-19.1-08
Law Implemented: NDCC 43-19.1-24
28-03.1-01-10. Disclosure of conflict of interest. Registrants shall make
full prior disclosures to their employers or clients of all known or potential conflicts
of interest that could influence or appear to influence their judgment or the quality
of their services.
1. If the employer or client objects to such an association or financial
interest, the registrant shall either terminate the association or interest
or offer to give up the employment.
2. Registrants serving as members, advisors, or employees of a
governmental body or department, who are the principals or employees
of a private concern, shall not participate in decisions with respect
to professional services offered or provided by said concern to the
governmental body which they serve.
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3. Registrants shall not solicit or accept a professional contract from a
governmental body on which a principal or officer of their organization
serves as a member.
4. A registrant shall not accept employment when duty to the client or the
public would conflict with the personal interest of the registrant or the
interest of another client and would influence the registrant’s judgment
or the quality of the registrant’s services.
History: Effective January 1, 1988; amended effective April 1, 1999; October 1,
2004.
General Authority: NDCC 43-19.1-08
Law Implemented: NDCC 43-19.1-24
28-03.1-01-11. Compensation from other parties. The registrant will not
accept compensation, financial or otherwise, from more than one interested party
for the same service. The registrant:
1. Will not accept financial or other considerations, including free
engineering designs or land surveying plans, from material or
equipment suppliers for specifying their product.
2. Will not accept commissions or allowances, directly or indirectly,
from contractors or other parties dealing with the registrant’s clients
or employer in connection with work for which the engineer or land
surveyor is responsible.
3. Shall not solicit or accept gratuities, gifts, travel, lodging, loans,
entertainment, or other favors, directly or indirectly, from contractors,
their agents, or other third parties dealing with a client or employer in
connection with work for which the registrant is responsible, which can
be determined to be an effort to improperly influence the registrant’s
professional judgment. Minor expenditures such as advertising trinkets,
novelties, and meals are excluded. Neither shall a registrant make any
such improper offer.
History: Effective January 1, 1988; amended effective August 1, 1994; April 1,
1999; October 1, 2004.
General Authority: NDCC 43-19.1-08
Law Implemented: NDCC 43-19.1-24
28-03.1-01-12. Solicitation of work. A registrant shall seek and engage
in only the professional work or employment the professional is competent and
qualified to perform by reason of education, training, or experience.
1. A registrant shall not falsify or misrepresent the extent of the registrant’s
education, training, experience, or qualifications to any person or to
the public or misrepresent the extent of the registrant’s responsibility
in connection with any prior employment or projects.
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2. A registrant shall not transmit, distribute, or publish or allow to
be transmitted, distributed, or published, any false or misleading
information regarding the registrant’s own qualifications, training, or
experience or that of the registrant’s employer, employees, associates,
or joint venturers.
3. Registrants shall not offer, give, solicit, or receive, either directly or
indirectly, any political contribution in an amount intended to influence
the award of a contract by public authority, or which may be reasonably
construed by the public of having the effect or intent to influence the
award of a contract.
4. Registrants shall not pay a commission, percentage, or brokerage fee
in order to secure work except to a bona fide employee.
5. A registrant shall not tender any gift, pay, or offer to pay, directly
or indirectly, anything of substantial value, whether in the form of a
commission or otherwise, as an inducement to secure employment. A
registrant is not prohibited from paying a commission to an employment
agency for securing a position.
6. A registrant shall not knowingly seek or accept employment for
professional services for an assignment for which another registrant is
employed or contracted to perform. This prohibition shall not preclude
a registrant from responding to a client-initiated or owner-initiated
solicitation.
History: Effective January 1, 1988; amended effective April 1, 1999; October 1,
2004.
General Authority: NDCC 43-19.1-08
Law Implemented: NDCC 43-19.1-24
28-03.1-01-13. Reporting of unethical or illegal practice. A registrant
who has knowledge or reasonable grounds for believing that another registrant has
violated any statute or rule regulating the practice of the profession shall have the
duty of presenting such information to the board.
1. A registrant possessing knowledge of a violation shall report such
knowledge to the board in writing and shall cooperate with the board in
furnishing such further information or assistance as it may require.
2. A registrant, when questioned concerning any alleged violation on the
part of another person by any member or authorized representative of
the board commissioned or delegated to conduct an official inquiry, shall
neither fail nor refuse to divulge such information as the registrant may
have relative thereto.
3. Registrants must notify the board within thirty days if another state has
disciplined them with a reprimand, censure, suspension, temporary
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suspension, probation, revocation, or refusal to renew a license, or if
they have voluntarily surrendered their license as part of a settlement
proceeding.
4. If a registrant, during the course of the registrant’s work, discovers
a material discrepancy, error, or omission in the work of another
registrant, which may impact the life, health, property, and welfare of
the public, the discoverer shall make a reasonable effort to inform,
in writing, the registrant whose work is believed to contain the
discrepancy, error, or omission. Such communication shall reference
specific codes, standards, or physical laws which are believed to be
violated and identification of documents which are believed to contain
the discrepancies. The registrant whose work is believed to contain
the discrepancy shall respond in writing within thirty calendar days to
any question about the work raised by another registrant. Failure to
respond on the part of the registrant whose work is believed to contain
the discrepancy shall be considered a violation of these rules. The
discoverer shall notify the board in the event a response satisfactory to
the discoverer is not obtained within thirty days.
History: Effective January 1, 1988; amended effective April 1, 1999; October 1,
2004.
General Authority: NDCC 43-19.1-08
Law Implemented: NDCC 43-19.1-24
28-03.1-01-14. Professional relationships. The registrant will not
knowingly associate professionally with or allow the use of one’s name with
engineers or land surveyors who do not conform to ethical practices, or with
persons not legally qualified to render the professional services for which the
association is intended.
1. Registrants in private practice shall not review the work of another
registrant for the same client, except with the knowledge of such
registrant, or unless the connection of such registrant with the work
has been terminated. This prohibition shall not preclude a registrant
from responding to a client-initiated or owner-initiated solicitation for a
second opinion.
2. Registrants in governmental, industrial, or educational employment are
entitled to review and evaluate the work of other registrants when so
required by their employment duties.
3. Registrants in sales or industrial employment are entitled to make
engineering comparisons of represented products with products of
other suppliers.
4. Registrants shall not use association with a nonregistrant, a corporation,
or partnership, as a cloak for unethical acts.
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5. The registrant shall not furnish limited services in such a manner as to
enable unregistered persons to evade:
a. Federal, state, and local laws and regulations, including building
permit requirements; or
b. Registration requirements.
6. The registrant may not take over, review, revise, or sign or seal
drawings or revisions thereof when such plans are begun by persons
not properly registered and qualified or do any other act to enable either
such persons or the project owners, directly or indirectly, to evade the
registration requirements.
History: Effective January 1, 1988; amended effective October 1, 2004.
General Authority: NDCC 43-19.1-08
Law Implemented: NDCC 43-19.1-24
28-03.1-01-15. Proprietary interests of others.
1. Whenever possible, the registrant will name the person or persons
who may be individually responsible for designs, inventions, writings,
or other accomplishments.
2. When a registrant uses designs supplied by a client, the designs remain
the property of the client and should not be duplicated by the registrant
for others without express permission.
3. Before undertaking work for others in which the registrant may make
improvements, plans, designs, inventions, or other records which
may justify copyrights or patents, the registrant should enter into
an agreement regarding the ownership of the improvements, plans,
designs, inventions, or other records.
4. Designs, data, records, and notes made by a registrant and referring
exclusively to the employer’s work are the employer’s property.
History: Effective January 1, 1988; amended effective October 1, 2004.
General Authority: NDCC 43-19.1-08
Law Implemented: NDCC 43-19.1-24
28-03.1-01-16. Professional enhancement. The registrant will cooperate
in extending the effectiveness of the profession by interchanging information and
experience with other engineers or land surveyors and students, and will endeavor
to provide opportunity for the professional development and advancement of
engineers or land surveyors under the registrant’s supervision. The registrant:
1. Will encourage one’s engineering or land surveying employees’ efforts
to improve their education.
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2. Will encourage one’s engineering or land surveying employees to attend
and present papers at professional and technical society meetings.
3. Will urge one’s engineering or land surveying employees to become
registered at the earliest possible date.
4. Will assign a professional engineer or land surveyor duties of a nature
to utilize the engineer’s or land surveyor’s full training and experience,
insofar as possible, and delegate lesser functions to subprofessionals
or to technicians. The registrant will provide a prospective employee
with complete information on working conditions and the employee’s
proposed status of employment, and after employment will keep the
employee informed of any changes in them.
History: Effective January 1, 1988; amended effective April 1, 1999; October 1,
2004.
General Authority: NDCC 43-19.1-08
Law Implemented: NDCC 43-19.1-24
28-03.1-01-17. Professional conduct.
1. Registrants shall indicate any reservation on a reference for an
applicant if they have reason to believe the applicant is unqualified by
education, training, or experience to become licensed. The registrant’s
opinion shall be based on the qualifications a reasonable and prudent
professional would require an applicant to possess.
2. A registrant shall not submit a materially false statement or fail to
disclose a material fact requested in connection with the application for
certification or licensure in this state or any other state.
3. Registrants shall comply with the licensure laws and rules governing
their professional practice in any United States jurisdiction.
4. A registrant shall not further the application for certification or licensure
of another person known by the registrant to be unqualified in respect
to character, education, or other relevant factor.
History: Effective October 1, 2004.
General Authority: NDCC 43-19.1-08
Law Implemented: NDCC 43-19.1-24
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ARTICLE 28-04
CONTINUING PROFESSIONAL COMPETENCY
Chapter
28-04-01 Continuing Education
CHAPTER 28-04-01
CONTINUING EDUCATION
Section
28-04-01-01 Purpose
28-04-01-02 Definitions
28-04-01-03 General Requirements
28-04-01-04 Recordkeeping
28-04-01-05 Qualifying Activities
28-04-01-06 Audit
28-04-01-07 Exemptions
28-04-01-01. Purpose. The purpose of mandatory continuing education is
to reinforce the need for lifelong learning in order to stay current with everchanging
technology, equipment, procedures, processes, tools, and established standards.
Qualifying activities must have a clear purpose and objective that will maintain,
improve, or expand the skills and knowledge relevant to the registrant’s field of
practice. Registrants are encouraged to select meaningful activities that will be of
benefit in the pursuit of their chosen fields.
History: Effective October 1, 2004.
General Authority: NDCC 43-19.1-33
Law Implemented: NDCC 43-19.1-33
28-04-01-02. Definitions. The terms used throughout this chapter have the
same meaning as in North Dakota Century Code chapter 43-19.1 and North Dakota
Administrative Code section 28-01-02.1-07. Additional terms are:
1. "Active participation" means making a regular, substantial contribution
to an organization. Membership by itself does not constitute active
participation.
2. "Contact hour" is a minimum of fifty minutes of actual instruction not to
include any breaks.
3. "Continuing education units" is equivalent to ten contact hours of
instruction, i.e., ten professional development hours. Continuing
education units are nationally recognized and are a uniform unit of
measure for continuing education and training.
4. "International association for continuing education and training
programs" means those continuing education and training courses
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offered by various organizations that meet the minimum requirements
for a qualifying continuing education and training course as established
by the international association for continuing education and training.
5. "Professional development hour" is defined as one contact hour of
instruction or presentation. It is the common denominator for the
other units of credit. Round off professional development hours to the
nearest one-half hour. No activity under one-half hour will be accepted
for credit.
History: Effective October 1, 2004.
General Authority: NDCC 43-19.1-33
Law Implemented: NDCC 43-19.1-33
28-04-01-03. General requirements. All individual registrants must
acquire thirty professional development hours every two years before renewing
their license.
1. At least twenty professional development hours must be in technical
subjects that directly safeguard the public’s health, safety, and welfare,
including technical professional management subjects such as total
quality process or technical engineering or land surveying software
training.
2. A maximum of ten professional development hours may be
in nontechnical professional management subjects such as
ethics-oriented or administration-oriented computer classes.
3. All registrants will be required to submit a list of continuing professional
development activities that they participated in and sign a statement that
they have met this requirement as part of the renewal process.
4. Registrants holding both professional engineering and surveying
registrations must earn a minimum of one-third, or ten professional
development hours in each profession with a total of thirty professional
development hours every two years. A dual registrant is not required
to obtain more than thirty professional development hours per biennial
renewal period because of dual registrations.
5. A maximum of fifteen qualifying professional development hours may
be forwarded to the subsequent biennial renewal period.
6. Comity for continuing professional development is allowed if the
registrant is currently licensed in a jurisdiction or state that requires
mandatory continuing professional competency and meets the
minimum requirements as established by the North Dakota state board
of registration for professional engineers and land surveyors.
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7. New registrants shall comply with continuing education requirements as
follows: registrants who receive their license prior to the fourth quarter
in an odd-numbered year shall report the full biennial requirement of
thirty professional development hours at the time of next renewal; and
registrants who receive their license prior to the fourth quarter in an
even-numbered year shall report one-half of the biennial requirement,
i.e., fifteen professional development hours, at the time of next renewal.
History: Effective October 1, 2004
General Authority: NDCC 43-19.1-33
Law Implemented: NDCC 43-19.1-33
28-04-01-04. Recordkeeping. Recordkeeping is the responsibility of the
registrant. Adequate records must be maintained for a minimum of four years
from the date of last biennial renewal for auditing purposes. Records may be
maintained by a professional registry, such as the professional development
registry for engineers and surveyors. Records that are maintained by such a
registry do not necessarily require approval of these courses by this board.
Records required include:
1. A log showing the type of activity claimed, sponsoring organization,
location, duration, date, instructor’s or speaker’s name, and
professional development hour credits claimed. This permits the
proper completion of professional development hour activities at
renewal time. Specific information on each activity is required.
Simply stating "attending education activities at ABC Company" is not
acceptable.
2. Attendance verification records in the form of certificates or other
documents supporting evidence of attendance. The registrant must
have sufficient verification for all credits claimed.
History: Effective October 1, 2004.
General Authority: NDCC 43-19.1-33
Law Implemented: NDCC 43-19.1-33
28-04-01-05. Qualifying activities. The board may preapprove courses,
providers, or activities. Until the board preapproves such courses or activities,
it is the responsibility of the registrant to determine whether the activity qualifies
under this board’s requirements. The board has final approval of professional
development hour credit. Examples of typical qualifying and nonqualifying
activities are available by contacting the office of the board or visiting the board’s
web site. All professional development hour allowances stated in this section are
biennial allowances. Qualifying activities include:
1. College unit, semester, or quarter hour credit for college courses.
A course must be regularly offered and participants tested with a
passing grade required. One semester hour generally consists of
fifteen class meetings of fifty to fifty-five minutes duration. It is assumed
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that twice as much study time is required as class contact time,
thus equating to forty-five professional development hours. Similarly,
a quarter hour qualifying course meets ten times and thus thirty
professional development hours are allowed. Monitoring courses do
not require a test, and therefore only the actual class contact hours
are allowed. On occasion, educational institutions may offer a one-day
seminar and award fractional quarter hour credit such as one-half of a
quarter hour. These courses do not qualify on the quarter hour basis
since they are not part of the regular curriculum of the educational
institution, do not require testing, and have no provision for additional
out-of-class requirements. For courses such as this, only actual contact
hours will be allowed for professional development hour credit.
2. Interactive activities. Other qualifying courses, seminars,
employer-sponsored educational activities, programs, and activities
are allowed one professional development hour credit for each contact
hour. A correspondence course, videotaped programs, and online
courses (self-study) must require the participant to show evidence of
achievement with a final graded test.
3. Teaching credit for short courses. Teaching credits for the instructor
are twice that of the participants in qualifying courses and seminars.
However, repetitive teaching of the same course will not earn additional
credit.
4. Published paper, article, or book. A published paper, article, or book
must be a serious effort to qualify. For example, a news article in a
technical or professional bulletin is not considered a published paper.
Although it is recognized that often many more hours are spent in
being an author of a publication, ten professional development hours
are allowed for publication. Only one publication may be claimed
for professional development hours per renewal period. Repetitive
publication of the same paper or article will not earn additional credit.
5. Active participation in professional and technical societies. Active
participation in professional and technical societies is to encourage
registrants to participate fully in appropriate technical and professional
societies. Contact with one’s peers at such meetings is considered one
way to stay abreast of current topics, issues, technical developments,
ethical situations, and learning opportunities. Two professional
development hours per biennium can be earned for each organization
with a maximum of six professional development hours per biennium
allowed. All technical and professional societies are included, but this
does not include civic or trade organizations.
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6. Patents. Patents are allowed ten professional development hours after
a patent is issued and the inventor submits details to the board. The
invention must be related to the registrant’s profession.
History: Effective October 1, 2004.
General Authority: NDCC 43-19.1-33
Law Implemented: NDCC 43-19.1-33
28-04-01-06. Audit. Audits can be conducted anytime up to three years
after the biennial renewal is submitted to ensure compliance with continuing
education requirements. If selected for audit, the registrant will be contacted to
provide necessary documentation. Each registrant selected for audit must respond
with detailed information on the professional development hour activities within
thirty days. If the audit conducted indicates a failure to comply with continuing
education requirements, the registrant has sixty calendar days after receipt of
written notice to further reinforce the claim of professional development hour
credits or to acquire sufficient professional development hour credit to meet the
requirements. The board may also audit a registrant’s professional development
hour activities based on complaints or charges against a registrant. Registrants
who refuse to comply with continuing professional competency requirements may
be subject to disciplinary action as allowed by North Dakota Century Code section
43-19.1-25.
History: Effective October 1, 2004.
General Authority: NDCC 43-19.1-33
Law Implemented: NDCC 43-19.1-33
28-04-01-07. Exemptions. A registrant may be exempt from the continuing
education requirements for one of the following reasons:
1. A registrant serving on temporary active duty in the armed forces
of the United States, or a registrant serving on regular active duty
who is deployed for a period of time exceeding one hundred twenty
consecutive days in a year, shall be exempt from obtaining the
professional development hours required during that year.
2. Registrants experiencing physical disability, illness, temporary leave
from professional activity, or other extenuating circumstances as
reviewed and approved by the board may be exempt. Supporting
documentation must be furnished to the board. In the event such a
person elects to return to active practice of professional engineering
or land surveying, fifteen professional development hours must be
earned before returning to active practice for each year exempted not
to exceed the biennial requirement of thirty professional development
hours.
3. Professional engineer registrants exempt from registration by North
Dakota Century Code section 43-19.1-29 but voluntarily registered
are exempt from continuing professional competency requirements. A
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claim of exemption under this provision must be verified by the board.
This exemption is based on the registrant’s primary employment. If
the registrant provides engineering services outside the scope of
primary employment, the exemption will be voided and the registrant
will be required to comply with the continuing professional competency
requirements. A person who is registered because of a requirement
in the person’s job description or qualification for a pay grade is not
voluntarily registered. Noncompliance with the provisions of this
exemption shall be grounds for disciplinary action as allowed by North
Dakota Century Code section 43-19.1-25.
4. Registrants who qualify for retired status on the board-approved
renewal form shall be exempt from the continuing education
requirements. A registrant whose license has been retired for
one year or more and who meets all other requirements may reinstate
a retired license. A registrant who has reinstated a license 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. A registrant
whose license has been retired for less than one year and who meets
all other requirements may reinstate a retired license. A registrant who
has reinstated a license must show compliance within the previous two
years with the continuing professional competency requirements set
forth in this chapter.
History: Effective October 1, 2004.
General Authority: NDCC 43-19.1-33
Law Implemented: NDCC 43-19.1-33
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