CHAPTER I

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. Pursuant to W.S. 33-29-119, the Board shall from time to time adopt such rules and regulations not inconsistent 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 statutes W.S. 33-29-114 through

33-29- 149 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:

1. (a) “Active engagement” means actually practicing or providing professional services.
2. (b) “Board” means the State Board of Registration for Professional Engineers and Professional Land Surveyors.
3. (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 regis- trant.
4. (d) “Direct supervision” means that the work product has been critically examined and evaluated for compliance with appropriate professional standards by a registrant in that profes- sion.

5. (e) “Experience” is defined in the following categories:

   1. (i) “Subprofessional experience” means task work done under direct super- vision and not falling within the definition of professional experience, including but not limited to time spent as a rodman, chainman, recorder, instrument man, draftsman, clerk of the works, or similar work;
   2. (ii) “Professional experience” means work calling for substantial technical knowledge, skill and responsibility as well as a lesser degree of supervision;
   3. (iii) “Responsible charge experience” means work in the field or in the office, where the applicant had responsibility for the direction of the work and its successful accomplishment and where the applicant had to make professional decisions without relying on advice or instructions from or first referring the decisions for approval to the superiors;
   4. (iv) “Design experience” means professional work, including work defined under “responsible charge experience” where the applicant in any professional engagement must meet the exigencies of the case, fulfill the requirements of local circumstances and conditions and yet not violate any of the requirements of the profession and ensure that the executed plan meets the purpose for which it was designed.

6. (f) “Good moral character and repute” means the registration applicant:

   1. (i) Has not been convicted of a felony involving dishonesty, fraud, misrep- resentation, embezzlement, theft, forgery, perjury, bribery or breach of fiduciary duty within five (5) years of application for registration;
   2. (ii) Has not been convicted of any crime involving moral turpitude related to the applicant’s proposed area of practice within five (5) years of application for registration;
   3. (iii) Is not currently incarcerated in a penal institution;
   4. (iv) Has not engaged in fraud or misrepresentation in connection with the appli- cation for registration or related examination;
   5. (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;
   6. (vi) Has not been found by a court or any other state Board of practicing with- out registration in this state or in another jurisdiction within the United States within two (2) years of application for registration.
7. (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 and/or state recognized professional organization 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.
8. (h) “Incompetence” means to lack the professional qualifications, experience, education, or combination thereof to undertake a professional engagement or assignment.

9. (i) “Other misconduct” means:

   1. (i) Conviction of any crime reasonably related to the practice of the registrant’s profession;
   2. (ii) An adverse civil adjudication involving dishonesty, gross negligence, or incompetence;
   3. (iii) Suspension or revocation of a professional license or registration by this state or by any other jurisdiction;

   4. (iv) Knowingly acting, or failing to act, in violation of any provisions of W.S.

      33-29-114 through 33-29-149, 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.

10. (j) “Prepared” as used in W.S. 33-29-129(c) means to provide significant profes- sional services concerning the plans, drawings, reports or other documents which are the subject matter of the professional engagement.
11. (k) “Registrant” means a person who has been granted a license or has been regis- tered to practice any profession authorized to be registered pursuant to W.S. 33-29-114 through 33-29- 149. For purposes of these regulations, the terms registrant and licensee are used inter- changeably.