GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2011
SESSION LAW 2011-304
HOUSE BILL 616
AN ACT to amend the laws relating to the regulation of engineering and land surveying.
The General Assembly of North Carolina enacts:
SECTION 1. G.S. 89C-3 reads as rewritten:
"§ 89C-3. Definitions.
The following definitions apply in this Chapter:
…
(8a) Professional engineer, retired. - A person who has been duly licensed as a professional engineer by the Board and who chooses to relinquish or not to renew a license and who applies to and is approved by the Board after review of record, including any disciplinary action, to be granted the use of the honorific title "Professional Engineer, Retired".
…
(9a) Professional land surveyor, retired. - A person who has been duly licensed as a professional land surveyor by the Board and who chooses to relinquish or not to renew a license and who applies to and is approved by the Board after review of record, including any disciplinary action, to be granted the use of the honorific title "Professional Land Surveyor, Retired".
…."
SECTION 2. G.S. 89C-11 reads as rewritten:
"§ 89C-11. Secretary; duties and liabilities; expenditures.
The secretary of the Board shall receive and account for all
moneys derived from the operation of the Board as provided in this Chapter, and
shall deposit them in one or more special funds in banks or other financial
institutions carrying deposit insurance and authorized to do business in North
Carolina. The fund or funds shall be designated as "Fund of the Board of
Examiners for Engineers and Surveyors" and shall be drawn against only for
the purpose of implementing provisions of this Chapter as herein provided. All
expenses certified by the Board as properly and necessarily incurred in the
discharge of its duties, including authorized compensation, shall be paid out
of this fund on the warrant signed by the secretary of the Board. At no time
shall the total of warrants issued exceed the total amount of funds accumulated
under this Chapter. The secretary of the Board shall give a surety bond
satisfactory to the State Board of Examiners for Engineers and Surveyors,
conditioned upon the faithful performance of the duties assigned. The premium
on the bond is a proper and necessary expense of the Board. The secretary of
the Board may delegate to the executive director certain routine duties, such
as receipt and disbursement of funds in stated amounts by a written
authorization, which has the unanimous majority approval of the
Board."
SECTION 3. G.S. 89C-12 read as rewritten:
"§ 89C-12. Records and reports of Board; evidence.
The Board shall keep a record of its proceedings and a
register of all applicants for licensure, showing for each the date of application,
name, age, education, and other qualifications, place of business and place of
residence, whether the applicant was rejected or a certificate of licensure
granted, and the date licensure was rejected or granted. The books and register
of the Board shall be prima facie evidence of all matters recorded by the
Board, and a copy duly certified by the secretary of the Board under seal shall
be admissible in evidence as if the original were produced. A roster showing
the names and places of business and of residence of all licensed professional
engineers and all licensed professional land surveyors shall be prepared by the
secretary of the Board current to the month of January of each year. The
roster shall be printed by the Board out of the Board's fund and distributed as
described in the Board's rules. On or before the first day of May of each
year, the Board shall submit to the Governor a report on its transactions for
the preceding year, and shall file with the Secretary of State a copy of the
report, together with a complete statement of the receipts and expenditures of
the Board attested by the chair and the secretary and a copy of the roster of
licensed professional engineers and professional land surveyors."
SECTION 4. G.S. 89C-13 reads as rewritten:
"§ 89C-13. General requirements for licensure.
(a) Engineer Applicant. - To be eligible for licensure as a professional engineer, an applicant must be of good character and reputation. An applicant desiring to take the examination in the fundamentals of engineering must submit three character references, one of whom shall be a professional engineer. An applicant desiring to take the examination in the principles and practice of engineering must submit five references, two of whom shall be professional engineers having personal knowledge of the applicant's engineering experiences.
The following shall be considered as minimum evidence satisfactory to the Board that the applicant is qualified for licensure:
(1) As a professional engineer (shall meet one):
a. Licensure
by Comity or Endorsement. - A person holding a certificate of licensure to
engage in the practice of engineering, on the basis of comparable
qualifications, issued to the person by a proper authority of a state, territory,
or possession of the United States, the District of Columbia, or of Canada,
who completes an application for licensure and submits five references, two of
which shall be from professional engineers having personal knowledge of the
applicant's engineering experience, and who, in the opinion of the Board, meets
the requirements of this Chapter, based on verified evidence may, upon
application, be licensed without further examination.any foreign country
possessing credentials that, based on verifiable evidence, in the opinion of
the Board, of a standard not lower than that in effect in this State at the
time the certificate was issued, may upon application, be licensed without
further examination, except as required to examine the applicant's knowledge of
laws, rules, and requirements unique to North Carolina.
A person holding a certificate of
qualification issued by the Committee on National Engineering Certification of
the National Council of Examiners for Engineering and Surveying whose
qualifications meet the requirements of this Chapter, may upon application, be
licensed without further examination.
b. E.I. Certificate, Experience, and Examination. - A holder of a certificate of engineering intern issued by the Board, and with a specific record of an additional four years or more of progressive experience on engineering projects of a grade and character which indicates to the Board that the applicant may be competent to practice engineering, shall be admitted to the principles and practice of engineering examination. Upon passing the examination, the applicant shall be granted a certificate of licensure to practice professional engineering in this State, provided the applicant is otherwise qualified.
c. Graduation,
Experience, and Examination. - A graduate of an engineering curriculum of four
years or more approved by the Board as being of satisfactory standing, and
with a specific record of an additional four years or more of progressive
experience on engineering projects of a grade and character which indicates to
the Board that the applicant may be competent to practice engineering,shall
be admitted to the fundamentals of engineering examination, and with a
specific record of an additional four years or more of progressive experience
on engineering projects of a grade and character that indicates to the Board
that the applicant may be competent to practice engineering, the principles
and practice of engineering examination. Upon passing the examinations, the
applicant shall be granted a certificate of licensure to practice professional
engineering in this State, provided the applicant is otherwise qualified.
d. Graduation,
Experience, and Examination. - A graduate of an engineering or related science
curriculum of four years or more, other than the ones approved by the Board as
being of satisfactory standing or with an equivalent education and engineering
experience satisfactory to the Board and with a specific record of eight
years or more of progressive experience on engineering projects of a grade and
character which indicates to the Board that the applicant may be competent in
the fundamentals of engineering, shall be admitted to the fundamentals of
engineering examination and with a specific record of an additional eight
years or more of progressive experience on engineering projects of a grade and
character that indicates to the Board that the applicant may be competent to
practice engineering, the principles and practice of engineering
examination. Upon passing the examinations, the applicant shall be granted a
certificate of licensure to practice professional engineering in this State,
provided the applicant is otherwise qualified.
e. Long-Established Practice. - A person with a specific record of 20 years or more of progressive experience on engineering projects of a grade and character which indicates to the Board that the applicant may be competent to practice engineering shall be admitted to the principles and practice of engineering examination. Upon passing the examination, the applicant shall be granted a certificate of licensure to practice professional engineering in this State, provided the applicant is otherwise qualified.
f. Full-time faculty. - Full-time engineering faculty members who teach in an approved engineering program offering a four-year or more degree approved by the Board, may request and be granted waiver of the fundamentals of engineering examination. The faculty applicant shall document that the degree meets the Board's requirement. The faculty applicant shall then be admitted to the principles and practice of engineering examination.
g. Doctoral degree. - A person possessing an earned doctoral degree in engineering from an institution in which the same discipline undergraduate engineering program has been accredited by ABET (EAC) may request and be granted waiver of the fundamentals of engineering examination. The doctoral degree applicant shall document that the degree meets the Board's requirement. The doctoral degree applicant shall then be admitted to the principles and practice of engineering examination.
At its discretion the Board may require an applicant to submit exhibits, drawings, designs, or other tangible evidence of engineering work which the applicant personally accomplished or supervised.
The following shall be considered as minimum evidence that the applicant is qualified for certification:
(2) As an engineering intern (shall meet one):
a. Graduation
and Examination. - A graduate of an engineering curriculum or related science
curriculum of four years or more, approved by the Board as being of
satisfactory standing, or a student who has attained senior status in an
accredited engineering program,is graduating within two semesters, or
the equivalent, of the semester in which the fundamentals of engineering
examination is administered, shall be admitted to the fundamentals of
engineering examination. The applicant shall be notified if the examination was
passed or not passed and if passed he shall be certified as an engineering
intern if the applicant is otherwise qualified.
b. Graduation, Experience, and Examination. - A graduate of an engineering or related science curriculum of four years or more, other than the ones approved by the Board as being of satisfactory standing, or with equivalent education and engineering experience satisfactory to the Board and with a specific record of four or more years of progressive experience on engineering projects of a grade and character satisfactory to the Board, shall be admitted to the fundamentals of engineering examination. The applicant shall be notified if the examination was passed or not passed and if passed, the applicant shall be certified as an engineering intern if the applicant is otherwise qualified.
(b) Land Surveyor Applicant. - To be eligible for admission to examination for land surveyor intern or professional land surveyor, an applicant must be of good character and reputation and shall submit five references with the application for licensure as a land surveyor, two of which references shall be professional land surveyors having personal knowledge of the applicant's land surveying experience, or in the case of an application for certification as a land surveyor intern by three references, one of which shall be a licensed land surveyor having personal knowledge of the applicant's land surveying experience.
The evaluation of a land surveyor applicant's qualifications shall involve a consideration of the applicant's education, technical and land surveying experience, exhibits of land surveying projects with which the applicant has been associated, and recommendations by references. The land surveyor applicant's qualifications may be reviewed at an interview if the Board determines it necessary. Educational credit for institute courses, correspondence courses, or other courses shall be determined by the Board.
The following shall be considered a minimum evidence satisfactory to the Board that the applicant is qualified for licensure as a professional land surveyor or for certification as a land surveyor intern respectively:
(1) As a professional land surveyor (shall meet one):
a. Rightful possession of a bachelor of science degree in surveying or other equivalent curricula, all approved by the Board and a record satisfactory to the Board of two years or more of progressive practical experience, one year of which shall have been under a practicing professional land surveyor if the applicant has successfully passed the first examination (Fundamentals of Surveying) on or before January 1, 2013, or if the applicant has not successfully passed the first examination on or before January 1, 2013, two years of which shall have been under a practicing professional land surveyor, and satisfactorily passing any oral and written examination required by the Board, all of which shall determine and indicate that the applicant is competent to practice land surveying. Upon passing the first examination and successful completion of the experience required by this subdivision, the applicant may apply to take the second examination (Principles and Practice of Land Surveying). An applicant who passes both examinations and completes the educational and experience requirements of this subdivision shall be granted licensure as a professional land surveyor.
b. Rightful possession of an associate degree in surveying technology approved by the Board and a record satisfactory to the Board of four years of progressive practical experience, three years of which shall have been under a practicing licensed land surveyor if the applicant has successfully passed the first examination (Fundamentals of Surveying) on or before January 1, 2013, or if the applicant has not successfully passed the first examination on or before January 1, 2013, eight years of progressive practical experience, four years of which shall have been under a practicing professional land surveyor, and satisfactorily passing any written and oral examination required by the Board, all of which shall determine and indicate that the applicant is competent to practice land surveying. If the applicant has not successfully completed the first examination on or before January 1, 2013, the applicant may apply to the Board to take the first examination after obtaining the associate degree and completing four years of practical experience, two years of which shall have been under a practicing professional land surveyor at the first regularly scheduled examination thereafter. Upon passing the first examination and successfully completing the practical experience required under this subdivision, the applicant may apply to the Board to take the second examination (Principles and Practice of Land Surveying). An applicant who passes both examinations and successfully completes the educational and experience requirements of this subdivision shall be granted licensure as a professional land surveyor.
c. Repealed by Session Laws 1998-118, s. 11.
d. Graduation from a high school or the completion of a high school equivalency certificate and a record satisfactory to the Board of seven years of progressive practical experience, six years of which shall have been under a practicing licensed land surveyor if the applicant has successfully passed the first examination (Fundamentals of Surveying) on or before January 1, 2013, or if the applicant has not successfully passed the first examination on or before January 1, 2013, 16 years of progressive practical experience, nine years of which shall have been under a practicing professional land surveyor, and satisfactorily passing any oral and written examinations required by the Board, all of which shall determine and indicate that the candidate is competent to practice land surveying. If the applicant has not successfully passed the first examination on or before January 1, 2013, the applicant may be qualified by the Board to take the first examination upon graduation from high school or the completion of a high school equivalency certificate and successfully completing 10 years of progressive practice experience, six of which shall have been under a practicing licensed land surveyor.
e. Repealed by Session Laws 1985 (Regular Session, 1986), c. 977, s. 7.
f.
Licensure by Comity or Endorsement. - A person holding a certificate of
licensure to engage in the practice of land surveying issued on comparable
qualifications from a state, territory, or possession of the United States
will be given comity considerations. However, the applicant may be askedStates
or the District of Columbia, possessing credentials that, based on verifiable
evidence, in the opinion of the Board, of a standard not lower than that in
effect in this State at the time the certificate was issued, may upon
application, be licensed without further examination, except to take any
examinations as the Board requires to determine the applicant's qualifications,
but in any event, the applicant shall be required to pass an examination which
shall include questions on laws, procedures, and practices pertaining to the
practice of land surveying in North Carolina.
g. A licensed professional engineer who can satisfactorily demonstrate to the Board that the professional engineer's formal academic training in acquiring a degree and field experience in engineering includes land surveying, to the extent necessary to reasonably qualify the applicant in the practice of land surveying, may apply for and may be granted permission to take the principles and practice of land surveying examination and the fundamentals of land surveying examination. Upon satisfactorily passing the examinations, the applicant shall be granted a license to practice land surveying in the State of North Carolina.
h. Professional Engineers in Land Surveying. - Any person presently licensed to practice professional engineering under this Chapter shall upon application be licensed to practice land surveying, providing a written application is filed with the Board within one year next after June 19, 1975.
i. Photogrammetrists. - Any person presently practicing photogrammetry with at least seven years of experience in the profession, two or more of which shall have been in responsible charge of photogrammetric mapping projects meeting National Map Accuracy Standards shall, upon application, be licensed to practice land surveying, provided:
1. The applicant submit certified proof of graduation from high school, high school equivalency, or higher degree;
2. The applicant submit proof of employment in responsible charge as a photogrammetrist practicing within the State of North Carolina to include itemized reports detailing methods, procedures, amount of applicant's personal involvement and the name, address, and telephone numbers of the client for five projects completed by the applicant with the State. A final map for one of the five projects shall also be submitted;
3. Five references to the applicant's character and quality of work, three of which shall be from professional land surveyors, are submitted to the Board; and
4. The application is submitted to the Board by July 1, 1999. After July 1, 1999, no photogrammetrist shall be licensed without meeting the same requirements as to education, length of experience, and testing required of all land surveying applicants.
The Board shall require an applicant to submit exhibits, drawings, plats or other tangible evidence of land surveying work executed by the applicant under proper supervision and which the applicant has personally accomplished or supervised.
Land surveying encompasses a number of disciplines including geodetic surveying, hydrographic surveying, cadastral surveying, engineering surveying, route surveying, photogrammetric (aerial) surveying, and topographic surveying. A professional land surveyor shall practice only within the surveyor's area of expertise.
(2) As a land surveyor intern (shall meet one):
a. Rightful possession of an associate degree in surveying technology approved by the Board, a record satisfactory to the Board of four years of progressive practical experience, two years of which shall have been under a practicing professional land surveyor, and satisfactorily passing a written and oral examination as required by the Board.
b. Repealed by Session Laws 2005-296, s. 1.
c. Graduation from high school or the completion of a high school equivalency certificate and a record satisfactory to the Board of 10 years of progressive, practical experience, six years of which shall have been under a practicing licensed land surveyor and satisfactorily passing any oral and written examinations required by the Board.
d. Graduation
and examination. - A graduate of a surveying curriculum or other equivalent
curriculum in surveying approved by the Board or a student who has attained
senior statusis graduating within two semesters, or the equivalent, of
the semester in which the fundamentals of surveying examination is
administered, in an accredited surveying program of four years or more
shall be admitted to the fundamentals of surveying examination. The applicant
shall be notified if the examination was passed or not passed, and if passed
the applicant shall be certified as a surveying intern if the applicant is
otherwise qualified.
The Board shall require an applicant to submit exhibits, drawings, plats, or other tangible evidence of land surveying work executed by the applicant under proper supervision and which the applicant has personally accomplished or supervised."
SECTION 5. G.S. 89C-21(a) reads as rewritten:
"(a) The Board may
reprimand the licensee, suspend, refuse to renew, refuse to reinstate, or
revoke the certificate of licensure, require additional education or, as
appropriate, require reexamination, for any engineer or land surveyor, who is found:found
guilty of any of the following:
(1) Guilty of the
practice of any fraudFraud or deceit in obtaining or renewing a
certificate of licensure or certificate of authorization.
(2) Guilty of any
gross negligenceGross negligence, incompetence, or misconduct in the
practice of the profession.
(3) Guilty of any
felony orConviction of, or entry of a plea of guilty or nolo contendere
to, any crime that is a felony, whether or not related to the practice of
engineering or surveying; conviction of, or entry of a plea of guilty or nolo
contendere to, any crime, whether a felony, misdemeanor, or otherwise, where an
essential element of the crime is dishonesty or when the crime is directly
related to the practice of engineering or surveying; or conviction of, or entry
of a plea of guilty or nolo contendere, of any crime involving moral
turpitude.
(4) Guilty of
violation Violation of any provisions of this Chapter, the
Rules of Professional Conduct, or any rules as adopted by the Board.
(5) To have been Being
declared insane or incompetent by a court of competent jurisdiction and has
having not later been lawfully declared sane or competent.
(6) Guilty of
professionalProfessional incompetence. In the event the Board finds
that a certificate holder is incompetent the Board may, in its discretion,
require oral or written examinations, or other indication of the certificate
holder's fitness to practice engineering or land surveying and suspend the
license during any such period."
SECTION 6. G.S.89C-22 reads as rewritten:
"§ 89C-22. Disciplinary action - Charges; procedure.
(a) Any person may
prefer charges of fraud, deceit, gross negligence, incompetence, misconduct, or
violation violations of this Chapter, the rules of
professional conduct, or any rules adopted by the Board against any
Board registrant.licensee. The charges shall be in writing and
shall be sworn to by the person or persons making them and shall be filed with
the Board.
(b) All charges,
unless dismissed by the Board as unfounded or trivial,trivial or
unless settled informally, shall be heard by the Board as provided under
the requirements of Chapter 150B of the General Statutes.
(c) If, after a
hearing, a majority of the Board votes in favor of sustaining the charges, the
Board shall reprimand, levy a civil penalty, suspend, refuse to renew, refuse
to reinstate, or revoke the licensee's certificate.certificate,
require additional education or, as appropriate, require reexamination.
(d) A licensee who is aggrieved by a final decision of the Board may appeal for judicial review as provided by Article 4 of Chapter 150B.
(e) The Board may, upon petition of an individual or an entity whose certificate has been revoked, for sufficient reasons as it may determine, reissue a certificate of licensure or authorization, provided that a majority of the members of the Board vote in favor of such issuance."
SECTION 7. G.S. 89C-25 reads as rewritten:
"§ 89C-25. Limitations on application of Chapter.
This Chapter shall not be construed to prevent or affect:
…
(2) The
practice of professional engineering or land surveying in this State or by any
person not a resident of this State and having no established place of business
in this State when this practice does not aggregate more than 90 days in any
calendar year, whether performed in this State or elsewhere, or involve more
than one specific project; provided, however, that the person is licensed to
practice the profession in the person's own state or country, in which the
requirements and qualifications for obtaining a certificate of licensure are
satisfactory to the Board; in which case the person shall apply for and the
Board will issue a temporary permit.
(3) The
practice of professional engineering or land surveying in this State not to
aggregate more than 90 days by any person residing in this State, but whose
residence has not been of sufficient duration for the Board to grant or deny
licensure; provided, however, the person shall have filed an application for
licensure as a professional engineer or professional land surveyor and shall
have paid the fee provided for in G.S. 89C-14, and provided that the
person is licensed to practice professional engineering or professional land
surveying in the person's own state or country in which the requirements and
qualifications for obtaining a certificate of licensure are satisfactory to the
Board, in which case the person shall apply for and the Board will issue a
temporary permit.
…."
SECTION 8. This act is effective when it becomes law.
In the General Assembly read three times and ratified this the 15th day of June, 2011.
s/ Walter H. Dalton
President of the Senate
s/ Thom Tillis
Speaker of the House of Representatives
s/ Beverly E. Perdue
Governor
Approved 9:15 a.m. this 26th day of June, 2011