Wyo. Code R. 037-0001-5
Engineers & Land Surveyors, Professional Licensing
Chapter 5: Regulatory
Effective Date: 10/22/2003 to 07/29/2010
Rule Type: Superceded Rules & Regulations
Reference Number: 037.0001.5.10222003
(a) All registered professional engineers and engineers-in-training, professional land surveyors and land surveyors-in-training shall comply with the code of ethics adopted by the Board and which are included as Appendix A and Appendix B, and incorporated herein by Reference A and B.
(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 seal, sign and date 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 The Act 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.
(viii) 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;
(ix) 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;
(x) 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;
(xi) Except as provided in Subparagraph (xii) of this rule, a registrant shall not accept any professional engagement or assignment outside the registrant's professional registration unless: (a) the registrant is qualified by education, technical knowledge or experience to perform such work and (b) 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;
(xii) 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, sign and date only the work prepared by the registrant or under the registrant's direct supervision;
(xiii) A registrant shall make full disclosure to all parties concerning: (a) 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 (b) 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;
(xiv) A registrant shall not solicit, receive, or accept compensation from material, equipment, or other product or service suppliers for specifying or endorsing their products, goods, or services to any client or other person without full written disclosure to all parties;
(xv) 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;
(xvi) 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, incompetence, or other misconduct.
(a) The seal authorized by the Board for registrants is of the crimp type and/or rubber stamp facsimile and shall be of a design shown. 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, '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 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 drafting equipment are acceptable if accompanied by an original signature and date of the registrant preparing the generated document and as long as the computer-generated seal complies with the requirements outlined in Subparagraph 2 (a) above. When the document contains more than one sheet, the title page(s) or the first page of a registrant's work shall be sealed, signed and dated by the registrant or those who supervised the work and are responsible for such work. To be valid, any seal must be legible in its entirety, and the signature of the registrant and date of signing must be superimposed over the seal. Legible full size or reduced reproductions of sealed, signed and dated documents are acceptable as long as an original, including the signature, seal and date, is maintained in the registrant's possession.
(c) Any work sealed, signed and dated 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, 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 Subparagraph 2 (a) of this Chapter. 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 shall approve or disapprove any seal not meeting the exact specifications of Subparagraph (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 obtain and use metallic identifying markers which shall show the registrant's Wyoming Registration Number, as issued by the Board, prefixed by the letters LS, PLS, or PE & LS, as appropriate.
(a) All corners establishing real property boundaries shall be monumented with a durable monument, including accessories, that are appropriate to the local site conditions. Monuments recovered and accepted during retracement surveys as a real property boundary marker must be evaluated for durability and identification. Those corners for which the monument and accessories are found to be deficient shall be rehabilitated so that each corner is left marked in such a manner as meets the above standards for monumentation. Any such monument that is in imminent danger of being obliterated or lost, by natural occurrences, construction, farming or other means shall be witnessed or referenced. The use of wooden or plastic stakes, hubs, posts and caps is unacceptable as permanent monuments. Each survey monument shall include a permanently affixed metallic identifying marker. Except where impracticable because of site conditions, or more restrictive state, county, city or town rules and regulations apply, 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) inch in diameter, or a durable nonferrous monument, of the same dimensions, which has at least one ferromagnetic insert for electronic or magnetic detection. (b) For all public land survey corners which were monumented during the original government surveys or resurveys, which are restored or reestablished, and for the center quarter (1/4) corner and sixteenth (1/16) corners of sections and for the corners or angle points of independent resurvey tracts and lots, the registrant shall use, as the preferred minimum monument, a galvanized iron or aluminum pipe not less than twenty-four (24) inches in length and not less than two (2) inches in diameter with a metallic cap not less than two and one-half (2.5) inches in diameter securely fastened to the top, or an iron rod not less than twenty-four (24) inches in length and not less than five-eighths (5/8) inch in diameter with a metallic cap not less than two and one-half (2.5) inches in diameter securely fastened to the top, except where impracticable because of site conditions. All nonferrous monuments shall have at least one ferromagnetic insert for electronic or magnetic detection. (c) Monuments set for any purpose shall be marked, stamped or inscribed in accordance with these rules and shall identify the public land survey corner, property corner, accessory, control point or other point it is intended to monument. Sufficient markings shall be placed upon accessories and control points to avoid confusion with actual corner monuments.
(a) Original corner monuments and accessories recovered in place as described in the original record and deemed to be in good condition may be left in place. (b) Any original monument or evidence of original monument used for any land surveying purpose which does not comply with Subparagraph (a) of this section shall be remonumented in order to perpetuate the position of that corner using a monument which complies with Section 4(b) of this Chapter, and documented in accordance with Chapter VIII of these rules.
(a) For the subdivision of any section, resurvey tract or lot of the public land survey system, the registrant shall be required to recover or reestablish all of the corners established and monumented during the original government survey or resurvey, which are relevant to the subdivision. The registrant 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. The words establish or reestablish as used in the manual shall mean to determine the true position of a corner and set a monument which meets the above standards. (b) Monuments shall be set at all controlling corners established for the aliquot part of the section being subdivided. The center quarter (1/4) corner shall be recovered or established and monumented. The quarter section sixteenth (1/16) corners shall be recovered or established and monumented. Monuments of other aliquot corners may be established where necessary to mark the corners of a minor subdivision. This shall mean that for any one quarter section subdivided, all six (6) (or more as appropriate) sixteenth (1/16) corners and the center quarter (1/4) corner shall be monumented unless impractical. (c) Where it is impractical to monument, witness or reference a corner due to site conditions, denial of access, or situations beyond the registrants control, the registrant shall document the particulars of the corner establishment and file the documentation in accordance with Chapter VIII of these rules and/or record a public document detailing the circumstance.