Wyo. Code R. 037-0001-1
Engineers & Land Surveyors, Professional Licensing
Chapter 1: General Provisions
Effective Date: 12/03/2018 to 03/24/2020
Rule Type: Superceded Rules & Regulations
Reference Number: 037.0001.1.12032018
Section 1. Authority. The Wyoming Board of Professional Engineers and Professional Land Surveyors, hereinafter called the 'Board' is created by W.S. 33-29-201 through 33-29-801 (the Act). Pursuant to W.S. 33-29-305(a)(i) and (ii), the Board may from time to time adopt such rules and regulations consistent with the laws of the State of Wyoming as may be deemed necessary to enforce the Act.
(a) 'Direct supervision' means direct control and personal supervision of engineering work or land surveying work.
(b) 'A background that does not evidence conduct adverse to the practice of engineering or land surveying or to the ability to practice engineering or land surveying;' means the licensee or applicant:
(i) Has not been convicted of any crime that is related to the ability to practice engineering or land surveying within five (5) years of submitting an application for a license or certificate;
(ii) Is not currently incarcerated in a penal institution;
(iii) Has not engaged in fraud or misrepresentation negatively reflecting upon the licensee's or applicant's ability to practice professional engineering or land surveying;
(iv) If previously licensed in this state, another state, or foreign country, has not had his/her license canceled, revoked, suspended, restricted or not renewed for cause within five (5) years of applying for a license or certificate;
(v) Has not been found to have been practicing professional engineering or land surveying without a license by a court or licensing board of this or any other jurisdiction within two (2) years of submitting the application for a license or certificate;
(vi) Has fully complied with all terms of any sentence or order of probation and has been discharged from probation or parole.
(c) 'Gross negligence' means a substantial or habitual deviation in professional practice from the standard of professional care exercised by members of the licensee'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 licensee's profession, or a substantial or habitual deviation from requirements contained in state laws, Board regulations, local ordinances, or regulations related to the licensee's professional practice.
(d) 'Incompetence' means to lack the ability, professional qualifications, experience, education, or combination thereof to undertake a professional engagement or assignment.
(e) 'ABET' is a nationally recognized accreditation agency for engineering and surveying. Information can be found at www.abet.org.
(f) 'ABET/EAC' means the Engineering Accreditation Commission of ABET. 'ABET/ETAC' means the Engineering Technology Accreditation Commission of ABET. 'ABET/ANSAC' means the
Applied and Natural Science Accreditation Commission of ABET.
(g) 'NCEES' means the National Council of Examiners for Engineering and Surveying. Information can be found at www.ncees.org.
(h) 'NCEES Record' means a mechanism to provide a means of storing and transmitting professional records—such as transcripts, exam results, and employment references—in order to apply for licensure in an additional state or territory (a process known as comity licensure).
(i) 'NSPE' means the National Society of Professional Engineers. Information can be found at www.nspe.org.
(j) 'NSPS' means the National Society of Professional Surveyors. Information can be found at www.nsps.us.com.
(k) 'Licensee' means a person who has been granted a license pursuant to the Act.
(l) 'Intern' means a land surveyor intern or engineer intern, as applicable.
(m) 'Thorough technical review' means that the work product has been thoroughly reviewed, critically examined, and evaluated for compliance with appropriate professional standards by a licensee in that profession who accepts responsibility for the work product.
(n) 'Wyoming licensing laws related to engineering and surveying' means W.S. 33-29-201 through 33-29-910 and these Rules.
(o) 'Signature' means that it identifies the person, serves as a means of authentication of the contents of the document, provides responsibility for the creation of the document and provides for accountability for the contents of the document. Signature may be applied as either 'original' signature or 'digital' signature. 'Original' signature and 'digital' signature and are defined as follows:
(i) 'Original' signature means the handwritten name of a person applied to a document.
(ii) 'Digital' signature means a signature electronically created which has the same authority and effect as an original signature.
(p) 'Public works' means all fixed works constructed for public use, whether or not done under public supervision or direction, or paid for wholly or in part out of public funds or assessment of property owners or rights users.
Section 3. Regular Meeting. Regular meeting of the Board will be held at the Board office in Cheyenne on the second Monday of December at 8:30 a.m.
(a) For any rule or regulation incorporated by reference in these Board Rules:
(i) The Board has determined that incorporation of the full text in these Board Rules would be unduly cumbersome or inefficient given the length or nature of the rules;
(ii) The incorporation by reference does not include any later amendments or editions of the incorporated matter beyond the applicable date identified in subsection (b) of this section; and (iii) The incorporated rule or regulation is maintained at 6920 Yellowtail Road Suite 100, Cheyenne, WY, and is available for public inspection and copying at cost at the same location.
(b) Each rule incorporated by reference is further identified as follows:
(i) Chapter 2-Uniform Rules for Contested Case Practice and Procedure, adopted by the Office of Administrative Hearings and effective on July 20, 2017, found at http://engineersandsurveyors.wyo.gov/publications/rules-and-regulations. These rules are referred to herein as the Uniform Rules for Contested Case Practice and Procedure.
(ii) Chapter 2-Uniform Procedures, Fees, Costs, and Charges for Inspecting, Copying, and Producing Public Records, adopted by the Department of Administration and Information and effective on September 6, 2016, found at http://engineersandsurveyors.wyo.gov/publications/rules-and-regulations.
(c) The Board incorporates by reference the following codes and creeds:
(i) The National Society of Professional Engineers Code of Ethics dated July 2007 Publication #1102 and found at http://engineersandsurveyors.wyo.gov/publications/rules-and-regulations.
(ii) The National Society of Professional Surveyors “Surveyor’s Creed and Canons” copyright 1996-2012 and found at http://engineersandsurveyors.wyo.gov/publications/rules-and-regulations.
(d) The Board incorporates by reference the “Manual of Surveying Instruction for the Public Lands of the United States,” 2009 edition at http://engineersandsurveyors.wyo.gov/publications/rules-and-regulations.