As used in this part:

1. (1) “Board” means the State Board of Licensure for Professional Engineers and Professional Surveyors;

2. (2) “Engineer intern” means a person who:

   1. (A) Complies with the requirements of the rules of the State Board of Licensure for Professional Engineers and Professional Surveyors;
   2. (B) Has passed an eight-hour National Council of Examiners for Engineering and Surveying (NCEES) Fundamentals of Engineering examination; and
   3. (C) Has been licensed by the State Board of Licensure for Professional Engineers and Professional Surveyors;

3. (3)

   1. (A) “Firm” means any form of business entity that offers professional engineering and/or professional surveying services to the public.

   2. (B) The term shall not include an individual licensee operating in the individual’s own name so long as the:

      1. (i) Licensee is operating as a sole proprietorship;
      2. (ii) Name of the entity is sufficient to identify the licensee from the State Board of Licensure for Professional Engineers and Professional Surveyors’ roster and includes, at a minimum, the licensee’s last name and first and middle initials; and

      3. (iii) Name is personal to the licensee and not:

         1. (a) (a) A trade name;
         2. (b) (b) A DBA; or
      4. (c) (c) An otherwise fictitious name;
4. (4) “Metadata” means a description of the content, ancestry and source, quantity, database schema, and accuracy of digital map data;

5. (5)

   1. (A) “NCEES” means the National Council of Examiners for Engineering and Surveying.
   2. (B) It is composed of boards from the United States and its territories.
   3. (C) NCEES is a source for the engineering and surveying examinations.
   4. (D) The State Board of Licensure for Professional Engineers and Professional Surveyors is a member of NCEES;

6. (6)

   1. (A) “Practice of engineering” means any service or creative work, the adequate performance of which requires engineering education and experience in the application of special knowledge in the mathematical, physical, and engineering sciences to such services or creative work as consultation, investigation, evaluation, planning, and design of engineering works and systems relating to the use of air, land, water, municipal and regional planning, forensic services, teaching of junior level or above engineering subjects or courses related thereto, engineering surveys, and the observation of construction for the purpose of assuring compliance with drawings and specifications, any of which embraces such service or work, either public or private, in connection with any utilities, structures, buildings, machines, equipment, processes, work systems, or projects, including such architectural services as is incidental to the practice of engineering.

   2. (B)

      1. (i) Except as provided in subdivision (6)(C) of this section, a person shall be construed to practice or offer to practice engineering who:

         1. (a) (a) Practices in any branch of engineering;
         2. (b) (b) By verbal claim, sign, advertisement, letterhead, card, or in any other way represents himself or herself to be an engineer;
      2. (c) (c) Through the use of some other title implies that the person is an engineer or that the person is licensed by the State Board of Licensure for Professional Engineers and Professional Surveyors; or
      3. (d) (d) Holds himself or herself out as able to perform or does perform any engineering service or work that is recognized as engineering.
      4. (ii) Such definition shall not include persons who operate or maintain machinery or equipment.

      5. (iii) The practice of engineering shall not include:

         1. (a) (a) The act of measuring land;
         2. (b) (b) Drawing or reading plans; or
      6. (c) (c) Other work normally done by:
7. (1) (1) Mechanics;
8. (2) (2) Technicians;
9. (3) (3) Draftsmen; or

10. (4) (4) Licensed surveyors.

    1. (C)

       1. (i) A person who is a licensed engineer in another jurisdiction shall not be considered to be offering to practice engineering when soliciting work by any of the following means:

          1. (a) (a) Advertising in publications or electronic media, provided there is no holding out of professional services in jurisdictions where not licensed;
          2. (b) (b) Responding to letters of inquiry regarding requests for proposals, provided:
11. (1) (1) There is written disclosure that the engineer and firm are not licensed in this jurisdiction; and

12. (2) (2) The response is limited to inquiries regarding scope and to demonstrate interest;

    1. (c) (c) Responding to letters of inquiry from prospective clients, provided:
13. (1) (1) There is written disclosure that the engineer and firm are not licensed in this jurisdiction; and

14. (2) (2) The response is limited to inquiries regarding scope of project and to demonstrate interest; or

    1. (d) (d) Submitting proposals to prospective clients in response to notices, inquiries, or solicitations, provided there is written disclosure that the engineer and firm are not licensed in this jurisdiction.

       1. (ii) Regardless of the above, contracts may not be signed or work commenced until the engineer and firm become licensed in this jurisdiction;

15. (7)

    1. (A) “Practice of surveying” except as provided in subdivision (7)(D) of this section, means a person shall be construed to practice or offer to practice surveying who:

       1. (i) Engages in surveying for others;
       2. (ii) By verbal claim, sign, advertisement, letterhead, card, or in any other way represents himself or herself to be able to perform surveying; or
       3. (iii) Through some other title implies that the person is a professional surveyor or that the person is licensed by the State Board of Licensure for Professional Engineers and Professional Surveyors.

    2. (B)

       1. (i) “Land surveying” means:

          1. (a) (a) Any determination of the location of land boundaries or land boundary corners;
          2. (b) (b) The preparation of plats showing the shape and areas of tracts of land and their subdivision into smaller tracts;
       2. (c) (c) The preparation of plats showing the location of streets, roads, easements, or right-of-ways of tracts to give access to smaller tracts;

       3. (d) (d) The preparation of official plats or maps of land boundaries within the State of Arkansas; and

          1. (e) (e) Teaching of land surveying.

       4. (ii) The term “land surveying” shall not include the:

          1. (a) (a) Measuring of acreage of:
16. (1) (1) Timber;
17. (2) (2) Cotton;
18. (3) (3) Rice; or

19. (4) (4) Other agricultural crops; and/or

    1. (b) (b) Surveying of irrigation levees.

    2. (C)

       1. (i) “Surveying measurement certification” means providing the professional service of certification or sealing of maps, documents, digital files, or other data for the purpose of verifying that the maps, documents, digital files, or other data are authoritative professional determinations based upon accepted methods and principals of surveying measurements or analysis representing or listing the following types of surveying measurements:

          1. (a) (a) The configuration or contour of the earth’s surface or the position of fixed objects on the earth’s surface;
          2. (b) (b) The position or elevation of any survey boundary or control monument or reference point; and
       2. (c) (c) The alignment or elevation of any fixed works embraced within the practice of professional engineering.

       3. (ii) “Surveying measurement certification” shall not be construed to permit the preparation of:

          1. (a) (a) Engineering or architectural design documents; or
          2. (b) (b) Quantity payment documents.

    3. (D) Clarification to offering to practice surveying. A person who is a licensed surveyor in another jurisdiction shall not be considered to be offering to practice surveying when soliciting work by any of the following means:

       1. (i) Advertising in publications or electronic media, provided there is no holding out of professional services in jurisdictions where not licensed;
       2. (ii) Responding to letters of inquiry regarding requests for proposals, provided:
20. (1) (1) There is written disclosure that the surveyor and firm are not licensed in this jurisdiction; and

21. (2) (2) The response is limited to inquiries regarding scope and to demonstrate interest;

    1. (iii) Responding to letters of inquiry from prospective clients, provided:
22. (1) (1) There is written disclosure that the surveyor and firm are not licensed in this jurisdiction; and

23. (2) (2) The response is limited to inquiries regarding scope of project and to demonstrate interest; or

    1. (iv)

       1. (a) (a) Submitting proposals to prospective clients in response to notices, inquiries, or solicitations, provided there is written disclosure that the surveyor and firm are not licensed in this jurisdiction.

          1. (b) (b) Regardless of the above, contracts may not be signed or work commenced until the surveyor and firm become licensed in this jurisdiction;
24. (8) “Professional engineer” means a person who has been duly licensed as a professional engineer by the State Board of Licensure for Professional Engineers and Professional Surveyors;

25. (9) “Professional surveyor” shall mean a person who:

    1. (A) By reason of special knowledge of mathematics, surveying principles and methods, and legal requirements that are acquired by education and experience, is qualified to engage in the practice of land surveying and surveying measurement certification; and
    2. (B) Has been duly licensed by the State Board of Licensure for Professional Engineers and Professional Surveyors;

26. (10)

    1. (A) “Responsible charge” means direct control, supervision of, and legal responsibility for all engineering and surveying performed.
    2. (B) This responsible charge shall be of such a nature that the client may reasonably presume that the licensed engineer or surveyor of the firm that the client has employed is the provider of the professional services; and

27. (11) “Surveyor intern” means a person who:

    1. (A) Complies with the requirements of the rules of the State Board of Licensure for Professional Engineers and Professional Surveyors;
    2. (B) Has passed an approved NCEES Fundamentals of Surveying examination; and
    3. (C) Has been licensed by the State Board of Licensure for Professional Engineers and Professional Surveyors.

Codification Notes: "DBA" means doing business as.