Wyo. Code R. 037-0001-5
Engineers & Land Surveyors, Professional Licensing
Chapter 5: Regulatory Provisions
Effective Date: 03/11/1996 to 07/15/1998
Rule Type: Superceded Rules & Regulations
Reference Number: 037.0001.5.03111996
(a) All registered professional engineers and engineers-in-training shall comply with the code of ethics adopted by the Board and which are included as Appendix A, and incorporated herein by Reference A.
(b) All registrants shall comply with the following standards. In the event the attached code of ethics and the following standards conflict with one another, the standards in this section shall control.
(i) A registrant shall not submit any materially false statements or fail to disclose any material facts requested in connection with the application for registration;
(ii) A registrant shall not engage in fraud, deceit, misrepresentation, or concealment of material facts in advertising, soliciting or providing professional services to members of the public;
(iii) A registrant shall not knowingly sign, stamp, or seal any plans, drawings, blueprints, land surveys, reports, specifications or other documents not prepared by the registrant or under the registrant's direct supervision;
(iv) A registrant shall not knowingly commit bribery as prescribed in W.S. 6-5-102 or violate any federal statute concerning bribery;
(v) A registrant shall comply with all federal, state, and local building, fire, safety, real estate, and mining codes, and any other laws, codes, ordinances, or regulations pertaining to the registrant's professional practice. A registrant shall not provide any professional services in violation of any such laws, codes, ordinances, or regulations;
(vi) A registrant shall not violate any state or federal criminal statute involving fraud, misrepresentation, embezzlement, theft, forgery or breach of fiduciary duty, where the violation is related to the registrant's professional practice;
(vii) A registrant shall apply the technical knowledge and skill which would be applied by other qualified registrants who practice the same profession. A registrant shall conduct a land survey engagement, involving public land corners or section retracement or breakdown, in accordance with the appropriate 'Manual of Surveying Instructions' and circular entitled 'Restoration of Lost and Obliterated Corners' issued by the Bureau of Land Management, United States Department of Interior;
(viii) A registrant shall not accept an assignment where the duty to a client or the public would conflict with the registrant's personal interest or the interest of another client without full disclosure of all material facts of the potential conflict to each person who might be related to or affected by the project or engagement in question;
(ix) A registrant shall not accept compensation for services related to the same project or professional engagement from more than one party without making full disclosure to all such parties and obtaining the express written consent of all parties involved;
(x) Except as provided in paragraph (xi) of this rule, a registrant shall not accept any professional engagement or assignment outside the registrant’s professional registration unless (i) the registrant is qualified by education, technical knowledge or experience to perform such work and (ii) such work is both necessary and incidental to the work of the registrant’s profession on that specific engagement or assignment. A registered professional engineer may accept professional engagements or assignments in branches of engineering other than that branch in which the registrant has demonstrated proficiency by registration but only if the registrant has the education, technical knowledge, or experience to perform such engagements or assignments;
(xi) Except as otherwise provided by law, code, ordinance, or regulation, a registrant may act as the prime professional for a given project and select collaborating professionals; however, the registrant shall perform only those professional services for which the registrant is qualified and shall seal and sign only the work prepared by the registrant or under the registrant’s direct supervision;
(xii) A registrant shall make full disclosure to all parties concerning (i) any transaction involving payments to any person for the purpose of securing a contract, assignment, or engagement, except for actual and substantial technical assistance in preparing the proposal; or (ii) any monetary, financial, or beneficial interest, the registrant may hold in a contracting firm or other entity providing goods or services, other than the registrant’s professional services, to a project or engagement;
(xiii) A registrant shall not solicit, receive, or accept compensation from material, equipment, or other product or services suppliers for specifying or endorsing their products, goods, or services to any client or other person without full written disclosure to all parties;
(xiv) If a registrant’s professional judgment is overruled or not adhered to under circumstances where a serious threat to the public health, safety, or welfare results or would result, the registrant shall immediately notify the client or employer. If the client or employer does not take appropriate remedial action within a reasonable amount of time under the circumstances, the registrant shall also notify the Board of the specific nature of the public threat;
(xv) If called upon or employed as an arbitrator to interpret contracts or to judge contract performance, or to perform any other arbitration duties, the registrant shall render decisions impartially and without bias to any party.
(c) Failure to comply with any provision of this section shall be deemed to be evidence of gross negligence, misconduct, or professional incompetence.
(a) The seal authorized by the State Board of Registration for Professional Engineers and Professional Land Surveyors for registrants is of the crimp type and/or rubber stamp facsimile and shall be of a design shown below. The seal consists of two concentric circles with the diameter of the outer circle being 1-3/4 inches and the diameter of the inner circle being 1-1/4 inches. The upper portion between the two circles shall bear whichever of the following phrases is applicable to the registrant: 'Professional Engineer' together with the branch of engineering in which registered to be written within the parenthesis, do not abbreviate the branch; 'Professional Land Surveyor'; or 'Professional Engineer & Land Surveyor' together with the branch of engineering in which registered to be written within the parenthesis, do not abbreviate the branch and it is to be placed after the word Engineer. At the bottom of the annular space between the two circles shall appear the inscription 'Wyoming'; the inner circle shall contain the name of the registrant, registration number and the word 'Date.' The registration number assigned to you should be centered in the inner area of the seal in the space occupied by the word 'NUMBER' and the size of the numbers should not be larger than the word 'NAME.' The words and parentheses '(NUMBER)', '(NAME)', and the word 'Branch' should not appear on the seal.
(b) An imprint of the registrant's valid seal shall appear on all original and non-original copies, tracings or other documents. Seals generated by computer-aided design or computer-aided drafting equipment are acceptable if accompanied by an original signature of the registrant preparing the generated document and as long as the computer-generated seal complies with the requirements outlined in Section 2 (a) above. When the document contains more than one sheet, the first or title page shall be sealed and signed by all involved in the work or those who controlled the work and are responsible for such work. To be valid, any stamp must be legible in its entirety, and the signature of the registrant must be superimposed over the seal.
(c) Any work sealed and signed by a registrant must have been prepared or substantially reviewed by that registrant or someone under the registrant's direct supervision. After-the-fact ratification by the sealing of documents without thorough technical review, when the underlying work was not performed by or under the responsible charge and supervision of the registrant is prohibited.
(d) Upon notification by the Board of satisfying all registration requirements, the applicant shall obtain a seal of a design stipulated in Section 2(a) of this Chapter. The Board will provide a list of vendors who can manufacture and provide seals. The applicant shall purchase a seal, and submit, on a form provided by the Board, an impression or stamp of the seal with an original signature superimposed over it, for the Board records. The Board, within ten working days of receipt of the form from the registrant, shall approve or disapprove any seal not meeting the exact specifications of Subsection (a) of this rule and shall require the registrant to obtain and pay for another seal meeting those specifications prior to sealing any work. Engineers registered in more than one branch shall secure and use a seal for each branch of engineering in which registration has been granted. If a replacement or additional seal is required, the registrant shall submit an impression or stamp of the new seal to the Board, accompanied by a sworn statement stipulating the purpose for the seal's duplication.
Section 3. Securing Identifying Markers. Professional land surveyors, and professional engineers and land surveyors engaged in the practice of land surveying, shall secure at their expense, rods, pipes, tags, caps, or embossed nails which shall show the registrant's Wyoming Registration Number, as issued by the Board, and each registration number shall be prefixed by the letters LS or PE & LS, as the case may be.
(a) Persons who are registered to practice land surveying shall conduct surveys in accordance with the guidelines stipulated in Chapter V, Section 1 (a)(vii). All corners for establishing real property boundaries shall be monumented with a substantial physical monument that satisfy local conditions and withstand current environmental conditions. The use of wooden stakes, hubs, or posts is unacceptable. All survey monuments shall include a permanently attached identifying marker. Unless otherwise impractical, the registrant shall use, as a minimum, an iron pipe or rod monument not less than twenty-four (24) inches in length and not less than five-eighths (5/8) inches in diameter, or a nonferrous monument, of the same dimensions, which has a ferromagnetic insert for electronic or magnetic detection. All nonferrous monuments shall contain at least one ferromagnetic insert at the base. The professional land surveyors, and professional engineers/professional land surveyors must follow the 'Manual of Instructions for the Survey of Public Lands of the United States' and the publication, 'Restoration of Lost or Obliterated Corners and Subdivision of Sections,' current editions, for any public land survey corner established, reestablished, monumented, remonumented, restored, rehabilitated, perpetuated or used as control in any survey by such surveyor. The words establish or reestablish as used in the Manual shall mean to determine the true position of a corner and mark it with a permanent monument. For the establishment of supporting corners in the legal subdivision of a section as described in the 'Manual of Instruction for the Survey of Public Lands of the United States,' no supporting corners for areas smaller than quarter quarter sections (1/16th corners) must be monumented. Supporting corners are required to be monumented only for the one quarter sections divided, down to 1/16 corners.
(b) For corners which were monumented during the original government surveys or resurveys of Wyoming which are restored or reestablished and for the center ¼ corner and 1/16 corners of sections and the ¼ corners and 1/16 corners of resurvey tracts; the registrant shall use, as a minimum, a galvanized iron or aluminum pipe having an outside diameter of 2.5 inches with a brass or aluminum cap with a diameter of 2.5 inches securely fastened to the top, or an iron rod 24 inches long with a diameter of 5/8 inches with a brass or aluminum cap 2.5 inches in diameter securely fastened to the top. The professional land surveyors must follow the 'Manual of Instructions for the Survey of Public Lands of the United States' and the publication, 'Restoration of Lost or Obliterated Corners and Subdivision of Sections,' current editions, for any public land survey corner established, reestablished, monumented, remonumented, restored, rehabilitated, perpetuated or used as control in any survey by such surveyor. The words establish or reestablish as used in the manual shall mean to determine the true position of a corner. In the case of a cemetery plat, only the block corners must be monumented.
(a) Original monuments found in place and marked as described in the original record may be left in place.
(b) Any original monument or evidence of original monument used for any surveying purpose which does not comply with paragraph “a” of this section shall be remonumented in order to perpetuate the position of that corner using a monument which complies with Section 4 of this chapter.
(a) For the subdivision of any section of the public land survey system, the surveyor shall be required to recover or reestablish all of the corners originally established and monumented during the original government survey or most recent resurvey, which are relevant to the section subdivision.
(b) Monuments shall be set at all corners established for the aliquot part of the section being surveyed.