Engineer, State

Engineers & Land Surveyors, Professional Licensing

Chapter 1: General Provisions

Effective Date: 07/29/2010 to 12/30/2013

Rule Type: Repealed Rules & Regulations

Reference Number: 037.0001.1.07292010

CHAPTER 1

GENERAL PROVISIONS

Section 1. Authority. The State Board of Registration for Professional Engineers and Professional Land Surveyors, hereinafter called the "Board" is authorized by W.S. 33-29-114 through 33-29-149 (The Act). Pursuant to The Act, the Board shall from time to time adopt such rules and regulations consistent with the Laws of the State of Wyoming as may be deemed necessary in the performance of its duties.

Section 2. Statement of Purpose. These rules and regulations are adopted to implement the authority of the Board to regulate the qualifications and standards of practice of professional engineers and professional land surveyors in Wyoming and provide for enforcement and proper administration of the provisions of this Act.

Section 3. Definitions. The definitions set out in The Act are hereby incorporated by reference into these rules and regulations. In addition, in the statutes and these rules, unless the context otherwise requires, the following definitions of terms shall apply:

(a) "Active engagement" means actually practicing or providing professional services.

(b) "Board" means the State Board of Registration for Professional Engineers and Professional Land Surveyors.

(c) "Bona fide employee" means an individual working under the direct supervision of a registrant and receiving compensation, and whose work product is the responsibility of the registrant.

(d) "Thorough technical review" means that the work product has received a thorough technical review and has been critically examined and evaluated for compliance with appropriate professional standards by a registrant in that profession, and the registrant accepts responsibility for the work product.

(e) "Experience" is defined in the following categories:

(i) "Sub-professional experience" means work done under direct supervision, including but not limited to time spent as a survey crew member, drafter, field or office technician, field inspector, design assistant, clerk of the works, or similar work;

(ii) "Professional experience" shall include the time which has been occupied in engineering or surveying work of a higher grade and responsibility than that defined as "sub-professional experience";

(iii) "Direct supervision" means direct control and personal supervision of engineering work, surveying or land surveying work.

(iv) "Responsible charge" means having full personal responsibility for the correctness and completeness of the engineering or surveying work product, or portion thereof, sealed, signed and dated by the registrant.

1. (f) 'Good moral character and repute' means the registration applicant:
2. (i) Has not been convicted of a felony within five (5) years of application for registration;
3. (ii) Has not been convicted of any crime which impacts negatively on the applicant's proposed profession within five (5) years of application for registration;
4. (iii) Is not currently incarcerated in a penal institution;
5. (iv) Has not engaged in fraud or misrepresentation in connection with the application for registration or related examination;
6. (v) If previously registered in this state, another state, or foreign country, has not had their registration canceled, revoked, suspended or not renewed for cause within the last five (5) years of applying for registration;
7. (vi) Has not been found practicing without registration by a court or Board of this or any other jurisdiction within the United States within two (2) years of application for registration;
8. (vii) Has fully complied with all terms of any sentence or order of probation and has been discharged from probation or parole.
9. (g) 'Gross negligence' means a substantial or habitual deviation in professional practice from the standard of professional care exercised by members of the registrant's profession, or a substantial or habitual deviation from any technical standards issued by a nationally and/or state recognized professional organization comprised of members of the registrant's profession, or a substantial or habitual deviation from requirements contained in state laws, Board regulations, local ordinances, or regulations related to the registrant's professional practice.
10. (h) 'Incompetence' means to lack the ability, professional qualifications, experience, education, or combination thereof to undertake a professional engagement or assignment.
11. (i) 'Other misconduct' means:
12. (i) Conviction of any crime reasonably related to the practice of the registrant's profession;
13. (ii) An adverse civil adjudication involving dishonesty, gross negligence, or incompetence;
14. (iii) Suspension or revocation of a professional license or registration by this state or by any other jurisdiction;
15. (iv) Knowingly acting, or failing to act, in violation of any provisions of The Act, or rules of the Board, or any federal or state law or regulation, local ordinance, regulation, or code related to the practice of the registrant's profession.

(j) 'Prepared' as used in W.S. 33-29-129(c) means to provide significant professional services relating to the plans, drawings, reports or other documents which are the subject matter of the professional engagement.

(k) 'Registrant' means a person who has been granted a license or has been registered to practice any profession authorized to be registered pursuant to The Act. For purposes of these regulations, the terms registrant and licensee are used interchangeably.

(l) 'ABET/EAC' means Accreditation Board for Engineering and Technology/Engineering Accreditation Commission. 'ABET/TAC' means Accreditation Board for Engineering and Technology/Technology Accreditation Commission. 'ABET/ASAC' means Accreditation Board for Engineering and Technology/Applied Science Accreditation Commission.

(m) 'NCEES' means National Council of Examiners for Engineering and Surveying.

(n) 'Civil Engineering' means any service which requires engineering education, training, and experience in the application of mathematical, physical, and engineering sciences, including such services as consultation, investigation, evaluation, planning, design, site development, teaching of advanced engineering subjects, and the review of construction. Civil engineering projects shall include, but not be limited to, transportation systems, drainage and flood control structures, surface and subsurface hydraulics, tunnels, pipelines and canals, water and wastewater systems, sanitary and environmental facilities, bridges, buildings, dams and hydraulic structures, and site fire protection systems.

(o) 'Structural Engineering' means any service which requires specialized engineering education, training, and experience in the application of mathematical, physical, and engineering sciences, including such services as consultation, investigation, evaluation, planning, design, teaching of advanced engineering subjects, and the review of construction of structural projects. Structural engineering projects shall include, but not be limited to, force-resisting members used singly or as part of a larger structure, and their connections, in structures such as, but not limited to, bridges, buildings, towers, frames, tanks, and foundations.

(p) 'Architectural Engineering' means any service which requires engineering education, training, and experience in the application of mathematical, physical, and engineering sciences, including such services as consultation, investigation, evaluation, planning, design, teaching of advanced engineering subjects, and the review of construction of buildings. Architectural Engineering shall include, but not be limited to, analysis, design, construction management, and integration of building systems such as structural, mechanical and electrical.

(q) 'Profession' means either engineering or land surveying.

(r) 'Business Entity' means a Close Corporation, General Partnership, Limited Liability Company, Limited Partnership, Limited Liability Limited Partnership, Nonprofit Corporation, Profit Corporation, Registered Limited Liability Partnership, and like businesses providing Engineering or Surveying in Wyoming. Business entities are required to register with the Board in Accordance with Chapter 6. Individuals doing business as sole proprietors are not required to register in accordance with Chapter 6.