Current through Register Vol. 49, No. 9, September, 2024
ARTICLE 1.
GENERAL PROVISIONS
A. Practice
of Engineering
In order to safeguard life, health and property and to promote
the public welfare, the practice of engineering in the State of Arkansas is
subject to regulation. It shall be unlawful for any person to practice, or to
offer to practice engineering in this state, as defined in the provisions of
A.C.A. 17-30-101 et. seq., and the Administrative Procedure Act, A.C.A.
25-15-101 et. seq., or to assume, advertise, or use the person's name and title
or description tending to convey the impression that the person is an engineer
unless such person has been duly licensed under the provisions of these
statutes. The Practice of Engineering shall be deemed a privilege granted by
the State through the Licensing Board based on the qualifications of the
individual as evidenced by their certificate of licensure, which shall not be
transferable.
B. Practice
of Surveying
In order to safeguard life, health and property and to promote
the public welfare, the practice of surveying in the State of Arkansas is
subject to regulation. It shall be unlawful for any person to practice, or to
offer to practice, surveying in this state, as defined in the provisions of
A.C.A. 17-48-101 et. seq., and the Arkansas Administrative Procedure Act,
A.C.A. 25-15-101 et. seq. or to assume, advertise, or use the person's name,
and title or description tending to convey the impression that the person is a
surveyor unless such person has been duly licensed under these statutes. The
Practice of Surveying shall be deemed a privilege granted by the State through
the Licensing Board based on the qualifications of the individual as evidenced
by their certificate of licensure, which shall not be transferable.
ARTICLE 2.
DEFINITIONS
A. Board - The term
"Board" shall mean the Arkansas State Board of Licensure for Professional
Engineers and Professional Surveyors.
B. Professional Engineer - The term
"professional engineer" shall mean a person who has been duly licensed as a
Professional Engineer by the Board.
C. Engineer Intern - The term "engineer
intern" shall mean a person who complies with the requirements of the rules of
the Board, who has passed an eight (8) hour National Council of Examiners for
Engineering and Surveying (NCEES) Fundamentals of Engineering examination, and
has been licensed by the Board.
D.
Practice of Engineering -
1. The term
"practice of engineering" shall mean any service or creative work, the adequate
performance of which requires engineering education and experience in the
application of special knowledge in the mathematical, physical, and engineering
sciences to such services or creative work as consultation, investigation,
evaluation, planning and design of engineering works and systems relating to
the use of air, land, and waters; municipal and regional planning; forensic
services; teaching of junior level or above engineering subjects or courses
related thereto; engineering surveys, and the observation of construction for
the purpose of assuring compliance with drawings and specifications; any of
which embraces such service or work, either public or private, in connection
with any utilities, structures, buildings, machines, equipment, processes, work
systems, or projects, including such architectural services as is incidental to
the practice of engineering.
2.
Except as provided in 3. below, a person shall be construed to practice or
offer to practice engineering who practices in any branch of engineering; or
who, by verbal claim, sign, advertisement, letterhead, card or in any other
way, represents himself to be an engineer; or who through the use of some other
title implies that the person is an engineer or that the person is licensed by
the Board; or who holds himself out as able to perform or does perform any
engineering service or work which is recognized as engineering, but such
definition shall not include persons who operate or maintain machinery or
equipment. The practice of engineering shall not include the act of measuring
land, drawing or reading plans or other work normally done by mechanics,
technicians, draftsmen or licensed surveyors.
3. A person who is a licensed engineer in
another jurisdiction shall not be considered to be offering to practice
engineering when soliciting work by any of the following means:
a. Advertising in publications or electronic
media, provided there is no holding out of professional services in
jurisdictions where not licensed;
b. Responding to letters of inquiry regarding
requests for proposals, provides there is written disclosure that the engineer
and firm are not licensed in this jurisdiction and the response is limited to
inquiries regarding scope and to demonstrate interest;
c. Responding to letters of inquiry from
prospective clients, provided there is written disclosure that the engineer and
firm are not licensed in this jurisdiction and the response is limited to
inquiries regarding scope of project and to demonstrate interest;
d. Submitting proposals to prospective
clients in response to notices, inquiries or solicitations provided there is
written disclosure that the engineer and firm are not licensed in this
jurisdiction.
Regardless of the above, contracts may not be signed, or work
commenced until the engineer and firm become licensed in this
jurisdiction.
E. Professional Surveyor - The term
"professional surveyor" shall mean a person who, by reason of special knowledge
of mathematics, surveying principles and methods, and legal requirements that
are acquired by education and experience, is qualified to engage in the
practice of land surveying and surveying measurement certification; and who has
been duly licensed by the Board.
F.
Surveyor Intern - The term "surveyor intern" shall mean a person who complies
with the requirements of the rules of the Board, who has passed an approved
NCEES Fundamentals of Surveying examination and who has been licensed by the
Board.
G. Practice of Surveying -
Except as provided in 3. below, a person shall be construed to practice or
offer to practice surveying who engages in surveying for others or who by
verbal claim, sign, advertisement, letterhead, card or in any other way
represents himself to be able to perform surveying or who through some other
title implies that the person is a professional surveyor or that the person is
licensed by this Board.
1. Land Surveying -
The term "land surveying" shall mean any determination of the location of land
boundaries or land boundary corners; the preparation of plats showing the shape
and areas of tracts of land and their subdivision into smaller tracts; the
preparation of plats showing the location of streets, roads, easements or
right-of-ways of tracts to give access to smaller tracts; the preparation of
official plats or maps of land boundaries within the State of Arkansas; and
teaching of land surveying. The term "land surveying" shall not include the
measuring of acreage of timber, cotton, rice or other agricultural crops and/or
surveying of irrigation levees.
2.
Surveying Measurement Certification -
a.
Means providing the professional service of certification or sealing of maps,
documents, digital files, or other data for the purpose of verifying that the
maps, documents, digital files, or other data are authoritative professional
determinations based upon accepted methods and principals of surveying
measurements or analysis representing or listing the following types of
surveying measurements:
i. The configuration
or contour of the earth's surface or the position of fixed objects on the
earth's surface;
ii. The position
or elevation of any survey boundary or control monument or reference point;
and
iii. The alignment or
elevation of any fixed works embraced within the practice of professional
engineering.
b. The term
"surveying measurement certification" shall not be construed to permit the
preparation of engineering or architectural design documents or quantity
payment documents.
3.
Clarification to Offering to Practice Surveying - A person who is a licensed
surveyor in another jurisdiction shall not be considered to be offering to
practice surveying when soliciting work by any of the following means:
a. Advertising in publications or electronic
media, provided there is no holding out of professional services in
jurisdictions where not licensed;
b. Responding to letters of inquiry regarding
requests for proposals, provides there is written disclosure that the surveyor
and firm are not licensed in this jurisdiction and the response is limited to
inquiries regarding scope and to demonstrate interest;
c. Responding to letters of inquiry from
prospective clients, provided there is written disclosure that the surveyor and
firm are not licensed in this jurisdiction and the response is limited to
inquiries regarding scope of project and to demonstrate interest.
d. Submitting proposals to prospective
clients in response to notices, inquiries or solicitations provided there is
written disclosure that the surveyor and firm are not licensed in this
jurisdiction.
Regardless of the above, contracts may not be signed, or work
commenced until the surveyor and firm become licensed in this
jurisdiction.
H. Metadata - The term "metadata" means a
description of the content, ancestry and source, quantity, database schema, and
accuracy of digital map data.
I.
Responsible Charge - The term "responsible charge" shall mean direct control,
supervision of and legal responsibility for all engineering and surveying
performed. This responsible charge shall be of such a nature that the client
may reasonably presume that the licensed engineer or surveyor of the firm which
the client has employed is the provider of the professional services.
J. NCEES - The term "NCEES" shall mean the
National Council of Examiners for Engineering and Surveying. It is composed of
Boards from the U.S. and its territories. NCEES is a source for the engineering
and surveying examinations. The Arkansas Board of Licensure for Professional
Engineers & Professional Surveyors is a member of NCEES.
K. Firm - The term "Firm" means any form of
business entity that offers professional engineering and/or professional
surveying services to the public. The term shall not include an individual
licensee operating in the individual's own name so long as:
1. The licensee is operating as a sole
proprietorship;
2. The name of the
entity is sufficient to identify the licensee from the Board's roster and
includes, at a minimum, the licensee's last name and first and middle initials;
and
3. The name is personal to the
licensee and not a trade name, dba or otherwise fictitious name.
ARTICLE 3.
BOARD
- ORGANIZATION AND MEETING
A. Regular
meetings of the Board shall be held bi-monthly and at such other times and
places as the Board may designate. The President may call special meetings when
the President deems necessary or upon the written request of three members of
the Board.
B. The Board shall elect
a President and Vice-President annually. A Director shall be appointed by the
Board and will serve also as Secretary-Treasurer of the Board.
C. Roberts Rules of Order Newly Revised and
Arkansas Administrative Procedure Act shall govern the procedures of the
Board.
D. The President shall be
the executive head of the Board. The President shall preside at meetings,
appoint committees, and perform all the duties pertaining to the office of
President.
E. The Vice-President
shall exercise the duties and possess all the powers of the President in the
absence or incapacity of the President.
F. The Director, with the assistance of
staff, shall:
1. Keep minutes of the
Board;
2. Furnish a copy of all
minutes to each member of the Board;
3. Send written notice of regular and special
meetings of the Board not less than ten (10) days in advance thereof;
4. Examine each application for licensure
prior to consideration by the Board;
5. Address inquiries to references to verify
qualifications of applicants;
6.
Make arrangements as required by the Board for examinations, interviews and
hearings;
7. Report the results of
every examination and other evidence of qualifications to the Board
members;
8. Review and investigate,
with the Complaint Committee, all complaints or alleged violations received by
the Board;
9. Prepare and present
required reports, budgets, and rosters as the Board or Secretary of the
Department of Labor and Licensing may direct;
10. Keep all records;
11. Keep all funds and fiscal
records;
12. Prepare official
correspondence of the Board;
13.
Perform all other duties prescribed by the statutes and the rules of the Board;
and
14. Perform all other duties
normally associated with office administration.
G. Regular and special committees appointed
by the President shall perform the duties assigned to them and shall present
reports to the Board in a timely fashion as specified by the
President.
ARTICLE 4.
BOARD - POWERS
A. The Board
shall have the power to adopt and amend all rules consistent with Arkansas law,
including the adoption and promulgation of the Rules of Professional Conduct,
which shall be binding upon persons licensed under the statutes and the rules
of the Board.
B. The Board may
subpoena witnesses and require the submission of books, papers, documents, or
other pertinent data, when a violation of the statutes and/or the rules of the
Board is alleged. Upon failure or refusal to comply with any such order of the
Board or upon failure to honor its subpoena, the Board may apply to a court of
competent jurisdiction to enforce compliance.
C. In the name of the State of Arkansas, the
Board is authorized to apply for relief by injunction in the established manner
provided in cases of civil procedure, without bond, to enforce the provisions
of the statutes and the rules of the Board or to restrain any violation. In
such proceedings, it shall not be necessary to allege or prove either that an
adequate remedy at law does not exist or that substantial or irreparable damage
would result from the continued violation. The members of the Board shall not
be personally liable under these proceedings.
ARTICLE 5.
RECEIPTS AND
DISBURSEMENTS
The Director of the Board shall receive and account for all
money received under the provisions of the statutes and the rules of the
Board.
ARTICLE 6.
RECORDS AND REPORTS
A. The Board shall
keep a record of its proceedings and of all applications for licensure. All
applications shall include:
1. The name, age,
social security number, and address of each applicant;
2. The date of application;
3. The place of business of such
applicant;
4. Education, experience
and other qualifications of such applicant;
5. The Board's decision concerning the
applicant;
6. The date of the
Board's actions;
7. The examination
taken and the results; and
8. Such
other information as the Board deems necessary.
B. The Board's record shall be prima facie
evidence of its proceedings and a transcript thereof, duly certified by the
Director under seal, shall be admissible as evidence with the same force and
effect of the original.
C. At its
discretion, the Board may send, accept, create and retain any records, forms,
applications, etc., either in written or electronic form or may convert written
records to electronic records in a manner and format prescribed by the Board,
so long as they comply with the provisions of the Uniform Electronic
Transactions Act ("UETA") (A.C.A. §
25-32-101 et seq.). In addition,
electronic signatures may be accepted in lieu of handwritten signatures so long
as they comply with the UETA and the "Electronic Signature Standard" or any
current standard developed by the Department of Information Systems and/or the
Department of Finance and Administration as provided for in A.C.A. §
25-32-118(a)(2) and the Board may specify the type or level and format of
electronic signature that may be used.
ARTICLE 7.
ROSTER
Rosters showing the names and addresses of all licensed
engineers and surveyors shall be made available by the Board at intervals
established by the Board. Such publication shall be in accordance with current
Arkansas Law.
ARTICLE 8.
GENERAL REQUIREMENTS FOR LICENSURE
A. General Information
1. Each applicant must meet all
qualifications as contained within the statutes and rules of the Board.
Each application shall be individually reviewed by the Board.
Experience credit may be claimed to application date.
2. The term "Engineering Accreditation
Commission of Accreditation Board for Engineering and Technology (EAC of ABET)
approved, or equivalent" is used throughout these rules. The phrase "or
equivalent" will be defined by the Arkansas Board as:
a. Those who have both a degree from a non
EAC of ABET undergraduate engineering or engineering technology program and a
graduate engineering degree from an institution that offers an EAC of ABET
accredited undergraduate degree in the same discipline as the graduate degree;
or
b. Those who have a degree or
degrees from a non-accredited program(s) but have had their official
transcripts evaluated and found acceptable by a Board-approved organization
such as NCEES or have made up any deficiencies identified by the evaluation
with courses offered by an EAC of ABET accredited degree program or
equivalent.
3. An
applicant will be considered as having graduated from an EAC of ABET accredited
program if their program is/was accredited within three (3) years after their
graduation.
4. The Board authorizes
the Director to conditionally approve, subject to Board ratification, all
comity and intern applicants who meet the requirements of the Board's statues
and rules.
B. Engineer
Intern
1. Original Licensure.
An applicant who supplies proof of graduation from an EAC of
ABET approved, or equivalent, engineering curriculum of four (4) years or more
and has passed an approved NCEES examination in the fundamentals of engineering
shall be licensed as an engineer intern.
2. Reciprocity (Comity)
a. Required Qualifications. An applicant
applying for reciprocal licensure shall meet the following requirements:
i. The applicant shall hold in good standing
a substantially similar license in another U.S. jurisdiction.
(a) An engineer intern license from another
state is substantially similar to an Arkansas engineer intern license if an
applicant has, or the other state's licensure qualifications require an
applicant to have, proof of graduation from an EAC of ABET- approved, or
equivalent, engineering curriculum of four (4) years or more.
(b) The applicant shall not have had a
license revoked for:
(1) An act of bad faith;
or
(2) A violation of law, rule, or
ethics;
(c) The
applicant shall not hold a suspended or probationary license in a U.S.
jurisdiction; and
ii.
The applicant shall be sufficiently competent in the field.
b. Required documentation. An applicant shall
submit a fully-executed application, the required fee, and the documentation
described below.
i. As evidence that the
applicant's engineer intern license from another jurisdiction is in good
standing and is substantially similar to an Arkansas engineer intern license,
the applicant shall submit the following information:
(a) Evidence of current licensure in good
standing in that state. The Board may verify this information online or by
telephone; and
(b) Evidence that
the applicant has, or the other state's licensure requirements match, the
educational requirements in Article 8.B.2.a.i.(a). The Board may receive
verification of an applicant's education directly from the applicant's
school(s), or the Board may verify the applicant's education and the other
state's licensure requirements online or by telephone; and
(c) To demonstrate that the applicant has not
had a license revoked for bad faith or a violation of law, rule, or ethics, as
required by Article 8.B.2.a.i.(b), and that the applicant does not hold a
license on suspended or probationary status, as required by Article
8.B.2.a.i.(c), the applicant shall provide the Board with:
(1) The names of all states in which the
applicant is currently licensed or has been previously licensed; and
(2) Letters of good standing or other
information from each state in which the applicant is currently or has ever
been licensed showing that the applicant's license has not been revoked for the
reasons listed in Article 8.B.2.a.i.(b) and is not on suspended or probationary
status as described in Article 8.B.2.a.i.(c). The Board may verify information
online or by telephone.
ii. As evidence that the applicant is
sufficiently competent, the applicant shall pass an examination in the
fundamentals of engineering.
C. Professional Engineer
1. Original Licensure
a. The applicant shall supply proof of
graduation from an EAC of ABET approved, or equivalent, engineering curriculum
of four (4) years or more and with a specific record of an additional four (4)
or more years of progressive engineering experience of a grade and character
which indicates to the Board that the applicant may be competent to practice
and has experienced increased engineering responsibilities. Refer to Section
Article 10. Professional Experience.
b. Applicant shall submit five (5)
references, three (3) of which shall be professional engineers having personal
knowledge of the applicant's engineering experience. Preferably these
references should include both present and past supervisors.
c. One additional year of education may be
substituted for experience for each Graduate Degree in engineering not to
exceed two years of credit. Four (4) years must elapse after completing the
requirements for the EAC of ABET degree.
d. The applicant shall have previously passed
an examination in the fundamentals of engineering that is acceptable to the
Board.
e. The applicant shall be
admitted to an approved NCEES Professional Engineer examination once the
applicant meets the above requirements, or the Board shall accept the results
of an approved NCEES Professional Engineer examination that the applicant has
previously passed.
f. Upon
satisfactory completion of these requirements, the applicant shall be licensed
in the State of Arkansas.
g. The
Board may exempt an individual from the NCEES Fundamentals of Engineering
Examination if the individual possesses an EAC of ABET accredited engineering
degree and an earned doctorate in engineering from a school which has an
accredited engineering degree program in that discipline. An oral
interview/examination may replace the written examination. The NCEES
Professional Engineering Examination will not be waived.
2. Reciprocity (Comity)
a. Required Qualifications. An applicant
applying for reciprocal licensure shall meet the following requirements:
i. The applicant shall hold in good standing
a substantially similar license in another U.S. jurisdiction.
(a) A professional engineer license from
another state is substantially similar to an Arkansas professional engineer
license if the applicant meets one of the following, whichever is least
restrictive:
(1) The applicant graduated from
an EAC of ABET- approved, or equivalent, engineering curriculum of four (4)
years or more; or
(2) The applicant
meets the Arkansas requirements for licensure that were in effect at the time
the applicant received his or her initial license as a professional engineer in
another state.
(b) The
applicant shall not have had a license revoked for:
(1) An act of bad faith; or
(2) A violation of law, rule, or
ethics;
(c) The
applicant shall not hold a suspended or probationary license in a U.S.
jurisdiction;
ii. The
applicant shall be sufficiently competent in the field of professional
engineering; and
iii. The applicant
shall meet the Board's least restrictive requirements, which are described
below in Article 8.C.2.b.iii.
b. Required documentation. An applicant shall
submit a fully-executed application, the required fee, and the documentation
described below.
i. As evidence that the
applicant's professional engineer license from another jurisdiction is in good
standing and is substantially similar to an Arkansas professional engineer
license, the applicant shall submit the following information:
(a) Evidence of current licensure in good
standing in that state. The Board may verify this information online or by
telephone; and
(b) Evidence that
the applicant meets the requirements in either Article 8.C.2.a.i.(a)(1) or (2),
whichever is less restrictive. The Board may receive verification of an
applicant's education directly from the applicant's school(s), or the Board may
verify information online or by telephone; and
(c) To demonstrate that the applicant has not
had a license revoked for bad faith or a violation of law, rule, or ethics, as
required by Article 8.C.2.a.i.(b), and that the applicant does not hold a
license on suspended or probationary status, as required by Article
8.C.2.a.i.(c), the applicant shall provide the Board with:
(1) The names of all states in which the
applicant is currently licensed or has been previously licensed; and
(2) Letters of good standing or other
information from each state in which the applicant is currently or has ever
been licensed showing that the applicant's license has not been revoked for the
reasons listed in Article 8.C.2.a.i.(b) and is not on suspended or probationary
status as described in Article 8.C.2.a.i.(c). The Board may verify information
online or by telephone.
ii. As evidence that the applicant is
sufficiently competent in engineering, an applicant shall:
(a) Submit five (5) references, three (3) of
which shall be professional engineers having personal knowledge of the
applicant's engineering experience. Preferably these references should include
both present and past supervisors; and
(b) Pass an examination in the fundamentals
of engineering, except that the fundamentals exam shall be waived for:
(1) Individuals with at least fifteen (15)
years licensed practice; or
(2) An
individual with an EAC of ABET accredited engineering degree and an earned
doctorate in engineering from a school that has an accredited engineering
degree program in that discipline.
iii. As evidence that the applicant meets the
Board's least restrictive requirements, the applicant shall:
(a) Have passed the NCEES Professional
Engineer examination; and
(b) Have
four (4) or more years of post-graduate engineering experience. Arkansas will
accept an applicant's experience if the applicant's experience has been
accepted by another state in which applicant holds a professional engineer
license in good standing that is substantially similar to an Arkansas
professional engineer license.
D. Surveyor Intern
1. Original Licensure. Effective January 1,
2017, an applicant shall submit:
a. Proof of
graduation with a Bachelor of Science degree in Surveying, Geomatics, Geomatics
Engineering, or Spatial Information Systems with a minor or emphasis in
Surveying, from a program accredited by ABET or approved by the Board; or
b. Proof of graduation with an
Associate of Science or Associate of Applied Science degree in Surveying or
Surveying Technology from a program approved by the Board; or
c. Proof of graduation with a baccalaureate
degree from a curriculum of four (4) years and at least thirty (30) hours of
surveying or surveying-related courses. One or more of the courses shall
emphasize U.S. Public Land Survey System aspects and principles, and one or
more of the courses shall emphasize Law and Professionalism in Geomatics or
Surveying.
2. Applicants
meeting the requirements of this section shall, upon consideration and approval
of all materials required by the Board, and if otherwise qualified, shall have
passed an approved NCEES examination in the fundamentals of surveying and shall
be licensed as a surveyor intern upon successful completion of that
examination.
3. An applicant who
submitted an application prior to January 1, 2017 and found by the Board to
meet the requirements in effect at that time, may take or continue to take the
NCEES examination as provided in Article 11. In no case, however, shall an
applicant be allowed to take the NCEES examination after January 1, 2020 unless
the applicant meets the requirements of subsection D.1.
4. Reciprocity (Comity)
a. Required Qualifications. An applicant
applying for reciprocal licensure shall meet the following requirements:
i. The applicant shall hold in good standing
a substantially similar license in another U.S. jurisdiction.
(a) A surveyor intern license from another
state is substantially similar to an Arkansas surveyor intern license if an
applicant has, or the other state's licensure qualifications require an
applicant to have, one of the following:
(1)
Proof of graduation with a Bachelor of Science degree in Surveying, Geomatics,
Geomatics Engineering, or Spatial Information Systems with a minor or emphasis
in Surveying, from a program accredited by ABET or approved by the Board;
or
(2) Proof of graduation with an
Associate of Science or Associate of Applied Science degree in Surveying or
Surveying Technology from a program approved by the Board; or
(3) Proof of graduation with a baccalaureate
degree from a curriculum of four (4) years and at least thirty (30) hours of
surveying or surveying-related courses. One or more of the courses shall
emphasize U.S. Public Land Survey System aspects and principles, and one or
more of the courses shall emphasize Law and Professionalism in Geomatics or
Surveying.
(b) The
applicant shall not have had a license revoked for:
(1) An act of bad faith; or
(2) A violation of law, rule, or
ethics;
(c) The
applicant shall not hold a suspended or probationary license in a U.S.
jurisdiction;
ii. The
applicant shall be sufficiently competent in the field of
surveying.
b. Required
documentation. An applicant shall submit a fully-executed application, the
required fee, and the documentation described below.
i. As evidence that the applicant's surveyor
intern license from another jurisdiction is in good standing and is
substantially similar to an Arkansas surveyor intern license, the applicant
shall submit the following information:
(a)
Evidence of current licensure in good standing in that state. The Board may
verify this information online or by telephone; and
(b) Evidence that the applicant has, or the
other state's licensure requirements match, the educational requirements in
Article 8.D.4.a.i.(a)(1), (2), or (3). The Board may receive verification of an
applicant's education directly from the applicant's school(s), or the Board may
verify the information online or by telephone; and
(c) To demonstrate that the applicant has not
had a license revoked for bad faith or a violation of law, rule, or ethics, as
required by Article 8.D.4.a.i.(b), and that the applicant does not hold a
license on suspended or probationary status, as required by Article
8.D.4.a.i.(c), the applicant shall provide the Board with:
(1) The names of all states in which the
applicant is currently licensed or has been previously licensed; and
(2) Letters of good standing or other
information from each state in which the applicant is currently or has ever
been licensed showing that the applicant's license has not been revoked for the
reasons listed in Article 8.D.4.a.i.(b) and is not on suspended or probationary
status as described in Article 8.D.4.a.i.(c). The Board may verify information
online or by telephone.
ii. As evidence that the applicant is
sufficiently competent in surveying, an applicant shall have passed an
examination in the fundamentals of surveying.
E. Professional Surveyor
1. Original Licensure
a. Effective January 1, 2017, an applicant
shall submit:
i. Proof of graduation with a
Bachelor of Science degree in Surveying, Geomatics, Geomatics Engineering,
Spatial Information Systems with a minor or emphasis in Surveying, from a
program accredited by ABET or approved by the Board; or
ii. Proof of graduation with an Associate of
Science or Associate of Applied Science degree in Surveying or Surveying
Technology from a program approved by the Board; or
iii. Proof of graduation with a
baccalaureate degree from a curriculum of four (4) years or more and at least
thirty (30) hours of surveying or surveying-related courses. One or more of the
courses shall emphasize Public Land Survey System aspects and principles, and
one or more of the courses shall emphasize Law and Professionalism in Geomatics
or Surveying.
iv. Proof of three
(3) years of acceptable experience if the applicant's educational
qualifications meet the requirements of subsection i. or subsection iii. of
this section or six (6) years of acceptable experience if the applicant's
educational qualifications meet the requirements of subsection ii. of this
section. Refer to Section Article 10. Professional Experience.
A. Those applicants requiring three (3)
years' experience shall demonstrate:
1. At
least one (1) year in performing field duties that would include all aspects of
planning and performing boundary surveys in a public land survey system similar
to that in Arkansas including finding and evaluating evidence, monumentation,
checking distances and locations, and verifying accuracies and closures;
and
2. At least one (1) year in
performing office duties involving the research and planning of boundary,
title, right-of-way or other surveys requiring the determination of boundary
lines and corners for field crews, computations for plats, and the drawing,
drafting, publishing of surveys and survey plats; and
3. The remainder of the three (3) years in
either of the office or field procedures identified above or may be in other
types of surveying whether in the office or field such as construction
stakeout, surveying for engineering projects, topographical surveying or any
activity constituting Surveying Measurement Certification.
B. Those applicants requiring six (6) years'
experience shall demonstrate:
1. At least two
(2) years in performing field duties that would include all aspects of planning
and performing boundary surveys in a public land survey system similar to that
in Arkansas including finding and evaluating evidence, monumentation, checking
distances and locations, and verifying accuracies and closures; and
2. At least two (2) years in performing
office duties involving the research and planning of boundary, title,
right-of-way or other surveys requiring the determination of boundary lines and
corners for field crews, computations for plats, and the drawing, drafting,
publishing of surveys and survey plats; and
3. The remainder of the six (6) years can be
in either office or field procedures identified above or may be in other types
of surveying whether in the office or field such as construction stakeout,
surveying for engineering projects, topographical surveying or any activity
constituting Surveying Measurement Certification.
C. Time documented as spent in classroom
training in engineering or surveying topics and that improve or enhance the
applicant's skills in one or more of the areas identified in subsections A.3.
or B.3. of this section may substitute for the field or office experience at
the discretion of the Board. Surveying courses that are not included or
required as part of the applicant's degree or educational requirements shall be
presumed to qualify for experience credit. The amount of credit actually
provided for classes or training shall be determined based on the time spent
while taking or attending the course or class as well as its content and
complexity, and the total of all classroom or training credit shall not exceed
the experience for an applicant under subsections A.3. and B.3.
b. Applicant shall
submit five (5) references, three (3) of which shall be from Professional
Surveyors having personal knowledge of the applicant's surveying experience.
These references should include both present and past supervisors.
c. The applicant shall have previously passed
a NCEES examination in the fundamentals of surveying that is acceptable to the
Board.
d. The applicant shall be
admitted to an approved NCEES Professional Surveying examination once the
applicant meets the above requirements, or the Board shall accept the results
of an approved NCEES Principles and Practice of Surveying examination that the
applicant has passed.
e. The
applicant shall pass Arkansas state surveying examination(s).
f. Upon satisfactory completion of these
requirements, the applicant shall be granted licensure in the State of
Arkansas.
g. An applicant who
submitted an application prior to January 1, 2017 and was found by the Board to
meet the qualifications in effect at that time may take or continue to take the
NCEES examination and state specific surveying examination as provided in
Article 11. In no case, however, shall an applicant be allowed to take the
NCEES and/or state examination after January 1, 2020 unless the applicant meets
the requirements of subsection E.1.a.
2. Reciprocity (Comity)
a. Required Qualifications. An applicant
applying for reciprocal licensure shall meet the following requirements:
i. The applicant shall hold in good standing
a substantially similar license in another United States jurisdiction.
(a) A professional surveyor license from
another state is substantially similar to an Arkansas professional surveyor
license if the applicant has, or the other state's licensure qualifications
require an applicant to have, one of the following, whichever is least
restrictive:
(1) Proof of graduation with a
Bachelor of Science degree in Surveying, Geomatics, Geomatics Engineering, or
Spatial Information Systems with a minor or emphasis in Surveying, from a
program accredited by ABET or approved by the Board; or
(2) Proof of graduation with an Associate of
Science or Associate of Applied Science degree in Surveying or Surveying
Technology from a program approved by the Board; or
(3) Proof of graduation with a baccalaureate
degree from a curriculum of four (4) years and at least thirty (30) hours of
surveying or surveying-related courses. One or more of the courses shall
emphasize U.S. Public Land Survey System aspects and principles, and one or
more of the courses shall emphasize Law and Professionalism in Geomatics or
Surveying; or
(4) The applicant
meets the Arkansas requirements for licensure that were in effect at the time
the applicant received his or her initial license as a professional surveyor in
another state.
(b) The
applicant shall not have had a license revoked for:
(1) An act of bad faith; or
(2) A violation of law, rule, or
ethics;
(c) The
applicant shall not hold a suspended or probationary license in a United
States' jurisdiction; and
ii. The applicant shall be sufficiently
competent in the field of professional surveying; and
iii. The applicant shall meet the Board's
least restrictive requirements, which are described below in Article
8.E.2.b.iii.
b. Required
documentation. An applicant shall submit a fully-executed application, the
required fee, and the documentation described below.
i. As evidence that the applicant's
professional surveyor license from another jurisdiction is in good standing and
is substantially similar to an Arkansas professional surveyor license, the
Board shall receive the following information:
(a) Evidence of current licensure in good
standing in that state. The Board may verify this information online or by
telephone to the other state's licensing board; and
(b) Evidence that the applicant has, or the
other state's licensure requirements match, the educational requirements in
Article 8.E.2.a.i.(a)(1), (2), or (3). The Board may receive verification of an
applicant's education directly from the applicant's school(s), or the Board may
verify the information online or by telephone; and
(c) To demonstrate that the applicant has not
had a license revoked for bad faith or a violation of law, rule, or ethics, as
required by Article 8.E.2.a.i.(b), and that the applicant does not hold a
license on suspended or probationary status, as required by Article
8.E.2.a.i.(c), the applicant shall provide the Board with:
(1) the names of all states in which the
applicant is currently licensed or has been previously licensed; and
(2) Letters of good standing or other
information from each state in which the applicant is currently or has ever
been licensed showing that the applicant's license has not been revoked for the
reasons listed in Article 8.E.2.a.i.(b), and is not on suspended or
probationary status as described in Article 8.E.2.a.i.(c). The Board may verify
information online or by telephone.
ii. As evidence that the applicant is
sufficiently competent in surveying, an applicant shall:
(a) Submit five (5) references, three (3) of
which shall be Professional Surveyors having personal knowledge of the
applicant's surveying experience. Preferably these references should include
both present and past supervisors; and
(b) Passed an examination in the fundamentals
of surveying. For those individuals with at least fifteen (15) years licensed
practice, the Fundamentals of Surveying Examination may be waived.
iii. As evidence that the
applicant meets the least restrictive requirements, the applicant shall:
(a) Have passed the NCEES Principles and
Practice of Surveying examination; and
(b) Pass the Arkansas state surveying
examination; and
(c) One of the
following, as applicable. Arkansas will accept an applicant's experience if the
applicant's experience has been accepted by another state in which applicant
holds a professional surveyor license in good standing that is substantially
similar to an Arkansas professional surveyor.
(1) If the applicant has a bachelor's degree,
the applicant must have three (3) years of experience; or
(2) If the applicant has an associate's
degree, the applicant must have six (6) years of experience.
F. Reinstatement
1. Engineer and Surveyor Intern - Any Intern
licensee who meets the requirements of Ark. Code Ann. §
17-1-107 shall be
reinstated administratively by paying the appropriate fees and penalties as
provided in Article 9.D
2.
Professional Engineers and Surveyors - Any licensee whose license has been on
inactive status or non-renewed may apply in writing for reinstatement. Inactive
license holders seeking reinstatement shall submit a written request, proof of
15 hours per year of Continuing Professional Competency Training (CPC), not to
exceed a total of 30 hours and pay a fee as prescribed in Article 9.E. Those
seeking to be reinstated for non-renewing a license may do so in one of the
following 3 ways:
a. Licensees who have been
non-renewed for 2 years or less may be reinstated administratively by paying
the appropriate fees and penalties as provided in Article 9.D.;
b. Licensees who have been non-renewed for
more than 2 years but can demonstrate continuous active registration in another
jurisdiction with no disciplinary actions during that period can be reinstated
conditionally by the Director subject to later ratification by the Board by
submission of a completed application for reinstatement covering all experience
and/or activities subsequent to the date of licensure, proof of 15 hours per
year of Continuing Professional Competency Training (CPC), not to exceed a
total of 30 hours and payment of a reinstatement fee and 2 years renewal fees
and late penalties as prescribed in Article 9.E.;
c. Licensees who have been non-renewed for
more than 2 years and meets the requirements of Ark. Code Ann. §
17-1-107
shall submit a completed application covering all experience and/or activities
subsequent to the date of licensure, five (5) references, proof of 15 hours per
year of Continuing Professional Competency (CPC) training, not to exceed a
total of 30 hours, and payment of a reinstatement fee and the biennial renewal
fees and late penalties as prescribed by Article 9.E..
G. Certificate of Authorization
(COA)
1. The practice of or offer to practice
for others as defined in A.C.A. 17-30-101, or A.C.A. 17-48-101, by individuals
licensed under this chapter through a firm as officers, employees, or agents,
is permitted, subject to the provisions of this chapter; provided, that:
a. One (1) or more personnel of said firm
designated as being responsible for the engineering or surveying activities and
decisions is a professional engineer or surveyor under this chapter;
b. All personnel of said firm who act in its
behalf as professional engineers or surveyors are licensed under A.C.A.
17-30-101 et. seq. or 17-48-101 et. seq.; and
c. Said firm has been issued a Certificate of
Authorization by the board as hereinafter provided. The one exception to this
requirement is where the firm is a sole proprietorship practicing in the name
of the licensee.
2. A
firm desiring a certificate of authorization shall file with the board an
application, using the form provided by the Board, provide all the information
required by the Board, and also of the individual duly licensed to practice
engineering or surveying in this state who shall be in responsible charge of
the practice of engineering or surveying in the state through said firm, must
accompany the renewal fee. If the person in responsible charge changes during
the year, an updated form must be filed with the Board within thirty (30) days
of the effective date of the change.
3. The COA shall expire biennially and any
firm that does not renew may later reapply for reinstatement by submitting an
updated application along with reinstatement fee and up to two (2) years
accumulated dues and penalties. In the event there shall be a change in any of
these persons during the year, such changes shall be designated on the same
form and filed with the Board within thirty (30) days after effective date of
said changes.
4. If all of the
requirements of this subsection G. are met, the Director may conditionally
approve the application and Board shall ratify the issuance of a COA to such
firm and such firm shall be authorized to contract for and to collect fees for
furnishing engineering and surveying services.
5. The requirements of this chapter shall not
prevent a firm from performing engineering or surveying services for the firm
itself or a subsidiary or an affiliate of said firm.
6. No such firm shall be relieved of
responsibility for the conduct or acts of its agents, employees, officers, or
partners by reason of its compliance with the provisions of this section. No
individual practicing engineering or surveying under the provisions of this
chapter shall be relieved of responsibility for engineering or surveying
services performed by reason of employment or other relationship with a firm
holding an authorization certificate.
7. An engineer or surveyor who renders
occasional, part-time or consulting engineering or surveying services to or for
a firm may not, for the purposes of subsection G., be designated as being in
responsible charge of the professional activities of the firm unless the
engineer or surveyor is an officer or owner of the firm.
8. Each firm that is issued a Certificate of
Authorization (COA) shall obtain a seal. Refer to Article 12 subsection B.3 and
B.4 for seal requirements and placement on engineering and surveying documents
and drawings.
H.
Temporary License
i. The Board's Director
shall issue a temporary license immediately upon receipt of the required fee
and the documentation required to show that the applicant has a license from
another jurisdiction that is in good standing and is substantially similar to
an Arkansas engineer intern, professional engineer, surveyor intern, or
professional surveyor license.
ii.
An applicant shall submit a completed the application with all required
remaining documentation in order to receive a license.
iii. The temporary license shall be effective
for 90 days or until the Board makes a decision on the application, whichever
occurs first.
I. Military
Licensure
1. As used in this subsection,
"returning military veteran" means a former member of the United States Armed
Forces who was discharged from active duty under circumstances other than
dishonorable.
2. The Board shall
grant expedited licensure to an individual who holds a substantially equivalent
license in another U.S. jurisdiction and is:
a. An active duty military service member
stationed in the State of Arkansas;
b. A returning military veteran applying for
licensure within one (1) year of his or discharge from active duty; or
c. The spouse of a person under
Article 8.1.2.a. or b.
3.
The Board shall grant such expedited licensure upon receipt of all of the
below:
a. Payment of the initial licensure
fee;
b. Evidence that the
individual holds a substantially equivalent license in another state; and c.
Evidence that the applicant is a qualified applicant under Article 8.1.2.a.,
b., or c.; and d. For professional surveying applicants, evidence that the
applicant has passed the Arkansas state surveying examination.
ARTICLE 9.
FEES
A. Application
1. Application for licensure as a
professional engineer or engineer intern or a professional surveyor or surveyor
intern may be on forms furnished by, or electronically in a format specified
by, the Board.
a. The prescribed fees shall
be submitted when the application is filed. The applicant will be responsible
for delivery of the blank reference forms to the applicant's
references.
b. The application will
not be considered complete and processed until all references and verifications
of degrees and licensing have been received at the Board office.
c. The Board may accept the information
contained in the NCEES record in lieu of the information required on the forms
prescribed by the Board.
2. Examinations may be given in various
formats and with different application submittal dates depending on the
examination format.
a. For examinations
administered once or twice a year, completed applications for original
licensure by examination must be received at the office of the Board by January
1st for the spring examination administration and July 1st for the fall
examination administration.
b. For
examinations administered in a computer-based format at more frequent
intervals, there is no prior application required and no deadline, and an
applicant or examinee may take an exam at any time and will be subject to the
requirements imposed by the exam developer or administrator. See Article 11 for
more information.
c. Regardless of
the examination format, applicable experience requirements must be satisfied by
the date of the application.
B. Fees
1.
Application
a. Professional Engineer
|
Original
|
$ 75.00
|
Comity
|
$200.00
|
Engineer Intern
|
$ 50.00
|
b. Professional Surveyor
|
Original
|
$ 75.00
|
Comity
|
$200.00
|
Surveyor Intern
|
$ 50.00
|
c . Certificate of Authorization
|
$150.00
|
2.
Examination Fees
a. Arkansas State-Specific
Surveying Examination Fees for the Arkansas state-specific surveying
examination shall be paid to the Board. Applicants and/or examinees approved by
the Board, but who cancel or postpone a scheduled exam administration (15) or
more days prior to the date of the exam shall be charged a fee of 50% of the
exam fee amount and be credited the remainder for the next exam administration.
The fee for cancelling or postponing an examination less than 15 days prior to
the exam, failing to appear or complete an examination after being admitted to
the examination room for any reason shall be 100% of the exam fee amount.
Arkansas State Specific Surveying
|
$100.00
|
b.
Fees for examinations developed and administered by NCEES shall be paid to
NCEES at the amounts established by that organization. Payments shall be in
accordance with any procedures and policies established by NCEES, and any
credits, refunds, cancellations, postponements or any other action or request
shall also be in accordance with NCEES policies and procedures.
C. Biennial License
Renewal
1. Engineer
|
$ 80.00
|
2. Engineer Intern
|
$ 10.00
|
3. Surveyor
|
$ 60.00
|
4. Surveyor Intern
|
$ 10.00
|
5. Certificate of Authorization
|
$100.00
|
D.
License Renewal Late Penalty
1. 50% of renewal
fee amount 1 to 60 days after renewal date
2. 100% of renewal fee
amount 61 days to 2 years
E. Other Charges
1. Reinstatement from Inactive Status (see Article
8.F)
|
$100.00
|
2. Reinstatement from non-renewed status (see Article
8.F)
|
$100.00
|
3. Returned check
|
$ 25.00
|
4. Temporary License
|
$150.00
|
5. Replacement License Certificate
|
$ 5.00
|
F.
Refunds
There will be no refunds for application fees unless the refund
request comes immediately after payment, and before Board staff has begun
processing the application. Other than as specifically provided for in
subsection B.2.of this Article, examination fees shall be refunded or credited
to the next exam cycle only when the fee is paid at the time of application and
the application is not approved. There will be no refund of full or partial
license renewal fees.
ARTICLE
10.
PROFESSIONAL EXPERIENCE
A. Professional experience of an applicant
will include only such experience gained after the applicant's eighteenth
(18th) birthday and shall be experience that requires the exercise of original
thought and independent responsibility.
B. In the field or shop or laboratory,
experience shall begin only after apprenticeship, or other subordinate
position, unless the work accomplished specifically shows the applicant
possesses originality and has responsibility in the subordinate
position.
C. In the office,
experience shall begin when the applicant ceases to do technicians duties and
begins work that requires original thought and responsibility.
D. Teaching
1. Teaching engineering at the junior level
or above in an approved curriculum of four (4) years or more may be considered
as engineering experience.
2.
Teaching surveying in an approved curriculum of two (2) or four (4) year or
more may be considered surveying experience.
E. Experience gained from training programs,
sales, applications, contracting and manufacturer's representation or any other
non-defined experience will be evaluated by the Board.
F. Experience shall be obtained under the
direct supervision of a professional licensee of the respective profession,
which is generally presumed to mean that the professional licensee is in close
proximity and available for regular personal interaction and mentoring rather
than in a remote manner. This provision may be waived at the discretion of the
Board if the applicant can demonstrate that another supervisory arrangement
provides similar oversight and guidance.
G Professional experience shall begin only
after completing the requirements for graduation for those applicants
graduating from an approved engineering or surveying program.
H. The provisions of this Article 10 shall
not apply to Reciprocity applicants to the extent that the applicant's
experience has been accepted by another state in which applicant holds a
license that is substantially similar to Arkansas's.
ARTICLE 11.
EXAMINATIONS
A. Examinations will be held semi-annually or
at such other times and at places designated by the Board, NCEES or the Exam
Administrator.
B. Examinees seeking
to take or retake the NCEES Fundamentals of Engineering Examination or the
NCEES Fundamentals of Surveying Examination in a computer-based format shall
register directly with NCEES.
C.
Examinees seeking or required to take the NCEES Principles and Practice of
Engineering Examination, the NCEES Principles and Practice of Surveying
Examination or the Arkansas specific surveying examination as part of an
application for original or comity licensure shall be admitted in accordance
with the following procedures:
1. Prior to
admitting applicants, the Board will review all applications and may interview
applicants. On the basis of all formally submitted information, supplemented by
information obtained at the interview, (if held), the Board will either admit
or deny the applicant to the examination.
2. Upon being approved for an examination the
applicant will be referred to NCEES or other designated firm or entity for
further instructions, fee payments, and examination administration.
3. The applicant must receive a minimum
passing grade or meet standards for passing as established by NCEES.
4. Applicants who fail to pass the Arkansas
state-specific surveying exam will be notified and those desiring to sit again
must notify the Board of their intentions. The date and time for readmission
will be at the discretion of the Board but will generally be at the next
regularly scheduled administration.
D. Examinees shall abide by the Board's and
exam administrator's examination policies and procedures. An examinee who does
not fully comply with the exam administrator's policies or engages in other
misconduct may be subject to dismissal or score invalidation by the exam
administrator and be subject to any of the following:
1. An examinee may be subject to disciplinary
or other Board action following a written report from the exam administrator
that the examinee engaged in misconduct including, but not limited to:
a. Cheating on the examination;
b. Giving assistance to, or receiving
assistance from, another person;
c.
Compromising the integrity or security of the examination;
d. Disruptive or abusive behavior;
e. Violation of any exam policies or
procedures.
2. An
examinee failing to comply with the Board's or exam administrator's policies
and procedures or engaging in any of the misconduct identified in subsection
D.1. before, during or subsequent to an examination may be subject to:
a. Having the examinee's exam results
invalidated either by the exam administrator or the Board;
b. Being prohibited from taking the
examination(s) for a period of time as determined by the Board;
c. Having any pending application for
examination or licensure denied or re-evaluated.
3. The Board may consider an applicant's or
examinee's conduct before, during or subsequent to an examination in another
state or jurisdiction when evaluating the applicant's qualifications or fitness
for licensure in this state.
4. The
Board may choose not to consider or accept the results of any licensure
examination taken and passed in another state by an applicant or licensee
during the time an applicant or licensee has been prohibited from taking an
examination in this state for failing to comply with the provisions of this
section.
ARTICLE
12.
CERTIFICATES AND SEALS
A. Certificates
1. For all Professional Engineers and
Professional Surveyors, all Engineer Interns and Surveyor Interns, the Board
shall issue a Certificate. The certificate shall show the name of the licensee,
the license number and shall be signed by the President and Director with the
embossed seal of the Board.
2. The
issuance of a Certificate of Licensure by the Board shall be Prima Facie
Evidence that the person named therein is licensed while the certificate
remains unrevoked.
B.
Seals
1. Upon licensure each professional
engineer may obtain a seal of the design authorized by the Board bearing the
licensee's name, license number and the legend "Licensed Professional
Engineer".
a. Each page of each final
engineering document to include drawings, and the cover sheet of specifications
and the signature page of written reports prepared by a licensee shall, when
issued, be dated, signed and stamped with the said seal or facsimile thereof by
the responsible licensee(s).
b. It
shall be unlawful for an engineer to affix, or permit the engineer's seal or
facsimile thereof to be affixed to any engineering drawing, specifications,
plats or reports after the expiration of the engineer's license or for the
purpose of aiding or abetting any other person to evade or attempt to evade any
provision of the statutes and the rules of the Board.
c. Record or as-built drawings representing
what is believed to be constructed shall not be sealed unless specifically
required by contract and shall then contain a caveat or disclaimer that
provides as applicable:
i. The information in
the drawing is a compiled representation of the constructed project;
ii. Identifies the source and basis of
information used in preparing the drawing;
iii. States or declares that the drawing is
believed to be correct to the best of the professional's knowledge but it
cannot be guaranteed accurate.
2. Upon licensure each professional surveyor
may obtain a seal of the design authorized by the Board, bearing the licensee's
name, license number and the legend "Licensed Professional Surveyor". Each page
of final drawings, plats, and the signature page of reports, and the cover
sheet of specifications prepared by a licensee shall, when issued, be dated,
signed and stamped with the said seal or a facsimile thereof. It shall be
unlawful for a licensee to affix or permit the licensee's seal and signature or
facsimile thereof to be affixed to any document the licensee did not personally
prepare or supervise the preparation of or after the expiration of the
licensee's license or for aiding or abetting any other person to evade or
attempt to evade any provision of the statutes and rules of the
Board.
3. Each firm that is issued
a Certificate of Authorization (COA) shall obtain a seal of the design
authorized by the Board, bearing the name of the firm and the COA number and
attach, at a minimum, to the cover sheet of the plans, or cover page or the
seals page of specifications, and reports for documents where the professional
seal is required.
4. The Board
hereby establishes the design of and clarifies the use of the seal by a
licensee as follows:
a. The engineer and
surveyor and certificate of authorization seals shall use the following
designs, however, seals previously acquired in compliance with then current
rules need not be changed nor modified as a result of subsequent rule changes
unless specifically required;
Click
here to view image
b. The seal shall be from 1 1/4 to 2
inches diameter and have a milled edge in conformance with the above designs. A
facsimile rubber stamp is authorized in lieu of a seal. The stamp may have
either a milled edge, or two (2) concentric circles with the outer and inner
circles corresponding with the respective edges of the milling on the seal. The
licensee's name and number inscribed in the seal shall correspond to the name
and certificate number shown on the Certificate of Licensure;
c. The seal shall be affixed to documents and
instruments only when the license certificate is current and in good standing,
and then only on such documents and instruments which have been prepared by the
licensee or under the supervision of the licensee. The licensee shall be
responsible for assuring the seal, however affixed, is legible on the
document;
d. By affixing the
licensee's seal to any documents or instruments, a licensee accepts full
responsibility and liability for the professional work represented on such
documents or instruments; and
e.
Documents may be sealed electronically and may be signed and/or transmitted
electronically if done in one of the following ways:
i. Documents digitally signed may be
transmitted electronically as long as the signature is unique to and under the
sole control of the person who applied it, be capable of verification and be
linked to the document in such a manner that the signature is invalidated if
any data on the document is altered;
ii. Documents manually or digitally sealed
but not signed may be transmitted electronically so long as an original
signature and date shall be affixed over the seal and maintained on a paper or
electronic copy of the document in the office of record. The electronically
transmitted file shall contain the following: "This document was originally
issued and sealed by (name of licensee), (license number) on (date). This copy
is not a signed and sealed document."; or
iii. Documents manually or digitally signed
and sealed may be digitally copied and transmitted by electronic means;
ARTICLE 13.
EXPIRATIONS AND
RENEWALS.
A. License certificates for
professional engineers shall expire biennially. The Director of the Board will
mail, to every licensee, a notice showing the date of the expiration of said
license and the fee required for renewal. Such notice will be mailed to the
licensee at the licensee's last known address at least one month in advance of
the date of the expiration of said certificate. It is the responsibility of
each licensee to notify the Board, in writing, of a change of
address.
B. License certificates
for professional surveyors shall expire biennially. The Director of the Board
will mail, to every licensee, a notice showing the date of the expiration of
said license and the amount of the fee required for its renewal. Such notice
shall be mailed to the licensee at the licensee's last known address at least
one month before the expiration date. It is the responsibility of each licensee
to notify the Board, in writing, of a change of address.
C. License certificates of dual registrants
shall expire biennially. The Director of the Board will mail, to every
licensee, a notice showing the date of the expiration of said license and the
amount of the fee required for its renewal. Such notice shall be mailed to the
licensee at the licensee's last known address at least one month before the
expiration date. It is the responsibility of each licensee to notify the Board,
in writing, of a change of address.
D. Certificates of Authority shall expire
biennially. The Director of the Board will mail, to every firm and licensee not
operating as a sole proprietorship, a notice showing the date of the expiration
of said license and the amount of the fee required for its renewal. Such notice
shall be mailed to the licensee at the licensee's last known address at least
one month before the expiration date. It is the responsibility of each licensee
to notify the Board, in writing, of a change of address.
E. Late penalty for renewals shall be as
described in Article 9.
ARTICLE
14.
DISCIPLINARY ACTION
A. The Board may take disciplinary action to
the fullest extent permitted by law against any licensee who is convicted of a
felony listed under Ark. Code Ann. §
17-3-102 or whom the Board finds
guilty of any of the following:
1. Fraud or
deceit in obtaining a certificate of licensure or authorization;
2. Any gross negligence, incompetence or
misconduct in the practice of engineering as a professional engineer or
surveying as a professional surveyor;
3. Any violation of the Rules of Professional
Conduct and/or rules of the Board;
4. Violations of the Arkansas Standards of
Practice No. 1 for Property Boundary Surveys and Plats in force at the time of
the survey; and
5. Practicing
engineering or surveying with an invalid or expired license.
B. The Board may discipline
nonlicensees who violate this chapter by imposing a fine of not more than five
thousand dollars ($5,000) per violation.
ARTICLE 15.
COMPLAINTS, HEARING
PROCEDURES, & DECLARATORY ORDERS
A.
Complaints
Any person, including, the Director of the Board, may file a
written complaint alleging violation of the statutes and/or the rules of the
Board. The respondent shall be mailed a copy of the complaint and shall enter
an answer within 20 days unless an extension is granted by the Board.
1. A preliminary investigation shall be
conducted by a Complaint Committee appointed by the President. The Complaint
Committee may:
a. Find that probable cause
exists that a violation has occurred, and recommend to the Board that the
matter be set for hearing; or
b.
Find that the allegations are not evidence of a violation or are otherwise
unfounded and recommend to the Board that the Complaint be dismissed: or
c. Hold informal meetings with any
persons or parties it deems appropriate and recommend informal disposition by
stipulation, settlement, consent order or default; or
d. If directed or authorized by the Board,
adjudicate and prepare a proposal for Board decision as provided for and in
accordance with the Administrative Procedure Act (A.C.A. § 15-201 et
sec).
2. Unless
dismissed or otherwise resolved, all charges shall be heard by the Board within
12 months from the time the complaint is received unless the time limit is
waived by agreement of the Board and the respondent or respondents.
B. Hearing Procedures
This sub article applies in all administrative adjudications
conducted by the Arkansas Board of Licensure for Professional Engineers and
Professional Surveyors. This procedure is developed to provide a process by
which the Board formulates orders (for example, an order revoking a license to
practice, or imposing civil penalties).
1. The Board shall preside at the hearing or
may designate one or more members of the Board or one or more examiners,
referees, or hearing officers to preside at a hearing.
2. Unless otherwise specified in these rules,
all hearings will be conducted in accordance with the Administrative Procedures
Act, Ark. Code Ann. §§
25-15-201 et seq.
3. If there are separate matters that involve
similar issues of law or fact, or identical parties, the matters may be
consolidated if it appears that consolidation would promote the just and speedy
resolution of the proceedings, and would not unduly prejudice the rights of a
party.
4. If it appears that the
determination of the rights of parties in a proceeding will necessarily involve
a determination of the substantial interests of persons who are not parties,
the presiding officer may enter an order requiring that an absent person be
notified of the proceeding and be given an opportunity to be joined as a party
of record.
5. An administrative
adjudication is initiated by the issuance by the Board of a notice of hearing.
a. The notice of hearing may be sent to the
respondent by U.S. Mail to the named recipient or agent. Notice shall be
sufficient when it is so mailed to the respondent's latest address on file with
the Board.
b. Notice will be mailed
at least 20 days before the scheduled hearing and shall include:
i. A statement of the time, place, and nature
of the hearing;
ii. A statement of
the legal authority and jurisdiction under which the hearing is to be held; and
iii. A short and plain statement of
the matters of fact and law asserted.
6. The Board, either through its Attorney or
Director may grant a continuance of hearing for good cause shown. Requests for
continuances will be made in writing. The request must state the grounds to be
considered and be made as soon as practicable and, except in cases of
emergencies, no later than five (5) days prior to the date noticed for the
hearing. In determining whether to grant a continuance, the Board may consider:
a. Prior continuances;
b. The interests of all parties;
c. The likelihood of informal
disposition;
d. The existence of an
emergency;
e. Any
objection;
f. Any applicable time
requirement, although the respondent may choose to waive the time limitation in
subsection A.2. of this Article when making the request;
g. The existence of a conflict of the
schedules of counsel, parties, or witnesses;
h. The time limits of the request;
and
i. Other relevant factors. The
Board may require documentation of any grounds for continuance.
7. The presiding officer is
charged with maintaining the decorum of the hearing and may refuse to admit, or
may expel, anyone whose conduct is disorderly.
8. A party seeking admission of an exhibit
shall provide a sufficient number of copies of each exhibit at the hearing. The
presiding officer shall provide the opposing parties with an opportunity to
examine the exhibit prior to the ruling on its admissibility. All exhibits
admitted into evidence should be appropriately marked and be made part of the
record;
9. Reasonable inferences.
The Board may base its findings of fact upon reasonable inferences derived from
other evidence received.
10. If a
party fails to appear or participate in an administrative adjudication after
proper service of notice, the Board may proceed with the hearing and render a
decision in the absence of the party.
11. Subpoenas requiring attendance of
witnesses and/or production of documents at a hearing may be issued by the
Board, and:
a. The requesting party shall
specify whether the witness is requested to bring documents and reasonably
identify said documents;
b. A
subpoena may be served by any person specified by law to serve process or by
any person who is not a party and who is eighteen (18) years of age or older.
Delivering a copy to the person named in the subpoena shall make service. Proof
of service may be made by affidavit of the person making service. The party
seeking the subpoena shall have the burden of obtaining service of the process
and shall be charged with the responsibility of tendering appropriate mileage
fees and witness fees pursuant to Rule 45, Arkansas Rules of Civil Procedure.
The witness must be served at least two days prior to the hearing. For good
cause, the Board may authorize the subpoena to be served less than two days
before the hearing;
c. The Board
shall reasonably comply with any request for issuing a subpoena but may refuse
if the party requesting it fails or refuses to provide sufficient justification
that the witness or documents will provide relevant evidence and/or are not
otherwise obtainable. Any objection to refusal to issue a subpoena shall be
made on the record at the hearing.
12. In addition to any other considerations
permitted by A.C.A. §§
17-30-101 et. seq. and A.C.A. §§
17-48- 101 et. seq. if applicable, the Board in imposing any sanction may
consider the following:
a. The nature and
degree of the misconduct for which the licensee is being sanctioned;
b. The seriousness and circumstances
surrounding this misconduct;
c. The
loss or damage to clients or others;
d. The assurance that those who seek similar
professional services in the future will be protected from the type of
misconduct found;
e. The profit to
the licensee;
f. The avoidance of
repetition;
g. Whether the conduct
was deliberate, intentional, or negligent;
h. The deterrent effect on others;
i. The conduct of the individual during the
course of the disciplinary proceeding:
j. The professional's prior disciplinary
record, including warnings;
k.
Matters offered by the professional in mitigation or extenuation, except that a
claim of disability or impairment resulting from the use of alcohol or drugs
may not be considered unless the professional demonstrates the successful and
good faith pursuit of a program of recovery;
l. Any other factors or circumstances deemed
relevant or important.
C. Declaratory Orders
A declaratory order is a means of resolving a controversy or
answering questions or doubts concerning the applicability of statutory
provisions, rules, or orders over which the Board has authority. A petition for
declaratory order may be used only to resolve questions or doubts as to how the
statutes, rules, or orders may apply to the petitioner's particular
circumstances. A declaratory order is not the appropriate means for determining
the conduct of another person or for obtaining a policy statement of general
applicability from a Board. A petition or declaratory order must describe the
potential impact of statutes, rules, or orders upon the petitioner's
interests.
The process to obtain a declaratory order is begun by filing
with the Director at the Board's Offices a petition that provides the following
information:
1. The caption shall
read: Petition for Declaratory Order Before the Board of Licensure for
Professional Engineers and Professional Surveyors;
2. The name, address, telephone number, and
facsimile number of the petitioner;
3. The name, address, telephone number, and
facsimile number of the attorney of the petitioner;
4. The statutory provision(s), Board rule(s),
or Board order(s) on which the declaratory order is sought;
5. A description of how the statutes, rules,
or orders may substantially affect the petitioner and the petitioner's
particular set of circumstances, and the question or issue on which petitioner
seeks a declaratory order;
6. The
signature of the petitioner or petitioner's attorney;
7. The date;
8. Request for a hearing, if desired.
The Board may hold a hearing to consider a petition for
declaratory statement. If a hearing is held, it shall be conducted in
accordance with A.C.A. §
25-15-208 and §
25-15-213, and the Board's
rules for adjudicatory hearings.
The Board may rely on the statements of fact set out in the
petition without taking any position with regard to the validity of the facts.
Within ninety (90) days of the filing of the petition, the Board will render a
final order denying the petition or issuing a declaratory order.
ARTICLE 16.
VIOLATIONS AND PENALTIES
A. Any
person or entity who commits any of the following actions shall be subject to
disciplinary action by the Board:
1. Practice,
or offer to practice, engineering or surveying in the State of Arkansas without
being licensed under the provisions of the Acts;
2. Using or employing the words "engineer",
"engineering", "surveyor", or "surveying "or any modification or derivative
thereof in its name, form of business, or activity except as authorized in the
statutes and rules of the Board;
3.
Presenting or attempting to use the license or the seal of another;
4. Giving false or forged evidence of any
kind to the Board or to any member thereof in obtaining or attempting to obtain
licensure;
5. Falsely impersonating
any other licensee of like or different name;
6. Attempt to use an expired, revoked, or
non-existent license;
7. Practice
or offer to practice when not qualified; or
8. Falsely claiming to be licensed under the
statutes and the rules of the Board.
B. Any complaint filed with the State
Surveyor's office or the Board against a surveyor for any reason shall
automatically authorize the state surveyor to investigate the subject
surveyor's compliance with the Arkansas Standards of Practice No. 1 which
requires the filing of plats with the State Surveyor's office. Violations of
the Arkansas Standards of Practice No. 1 shall become part of the original
complaint or may, at the discretion of the Board, constitute a complaint in
their own right. Each plat which is found not to have been properly filed shall
constitute a separate violation. Each violation shall be punished by a penalty
of no more than $100.00.
C. The
Board is empowered to impose a civil penalty of not more than five thousand
dollars ($5,000.00), per instance, against any individual violating any portion
of the statutes or rules of the Board pertaining to the practice of Engineering
and/or Surveying. Civil penalties may be imposed on licensees or
non-licensees.
ARTICLE
17.
RIGHT TO PRACTICE
A. An individual may practice or offer to
practice engineering or surveying for others if licensed or permitted under the
Board's statutes and rules, subject to the provisions contained
therein.
B. A firm, association,
partnership or corporation may not engage in the practice of engineering or
surveying unless the practice as engaged in is done under the supervision and
direction of an engineer or surveyor licensed in the State of
Arkansas.
C. A firm, association,
partnership or corporation may engage in the practice of engineering or
surveying with relation to its own property or business so long as such
practice is done under the supervision of a licensed engineer or licensed
surveyor.
D. All final drawings,
specifications, plans, reports, plats, or other papers or documents involving
the practice of engineering or surveying, as defined in the statutes, when
issued or filed for public records, shall be dated and bear the signature and
seal of the professional engineer or of the professional surveyor who prepared
or supervised and approved them.
ARTICLE 18.
EXEMPTION
A. The statutes and rules of the Board will
govern the activities of the engineer and surveyor and shall not be construed
to prevent the practice of any other legally recognized profession.
B. The statutes and rules of the Board shall
not be construed to prohibit the work of an employee or a subordinate of a
licensee or any employee of a person practicing lawfully under Article 2,
provided such work does not include final engineering or surveying decisions
and is done under the direct supervision of and verified by a licensee or a
person practicing lawfully under Article 8.
C. The statutes and rules of the Board shall
not apply to:
1. The usual symbols and
statements of the cartographic representation of scale and direction,
including, but not limited to, scale ratios, scale bar, and north
arrows;
2. The preparation and
attachment of metadata or to the scientific analysis of measurement data for
research by a person who is not a professional surveyor or professional
engineer; and
3. Any government
agency or office in conducting its statutory or constitutional duties to
certify representations or spatial data.
D. The statutes and rules of the Board shall
not impair or reduce the scope of the professional practice of the professional
architects as defined by statute and rules of the Arkansas State Board of
Architects.
ARTICLE 19.
CONTINUING PROFESSIONAL COMPETENCY (CPC)
A. Introduction.
In order to safeguard life, health, property and to promote
public welfare, it has been determined that the practice of engineering and
surveying will require continuing education in order to renew licenses.
B. Definitions
Terms used in this article are defined as follows:
1. Professional Development Hours (PDH) - An
hour (nominal) of instruction or presentation.
2. Continuing Education Unit (CEU) - Unit of
credit customarily used for continuing education courses. One Continuing
Education Unit equals ten (10) hours of class in an approved education
course;
3. College/Unit
Semester/Quarter Hour - Credit for approved course or other related college
course approved in accordance with "Section E" of this article;
4. Course/Activity - Any qualifying course or
activity with a clear purpose and objective which will maintain, improve, or
expand the skills and knowledge relevant to the licensee's field of practice;
and
5. Dual Licensee - A person who
is licensed as both a professional engineer and a professional
surveyor.
C.
Requirements - Continuing Professional Competency (CPC) is required as follows:
1. Every professional engineer or
professional surveyor licensee is required to report a minimum of thirty (30)
PDH units for each renewal period. If a licensee exceeds the requirement in any
renewal period, a maximum of thirty (30) PDH units may be carried forward into
the subsequent renewal period.
2. A
professional surveyor, including a professional surveyor who is a dual
licensee, is required to have at least two (2) PDH hours of Arkansas Standards
of Practice No. 1 for Property Boundary Surveys and Plats for each renewal
period.
3. Dual licensees are
required to report a minimum of forty (40) PDH units for each renewal period,
with at least ten (10) PDH units earned in each profession. The remaining
twenty (20) PDH units may be obtained in either profession. If a licensee
exceeds the requirement in any renewal period, a maximum of forty (40) PDH
units may be carried forward into the subsequent renewal period (no more than
30 in either profession).
D. Units -
1. Units may be earned as follows:
a. Successful completion of college
courses;
b. Successful completion
of continuing education courses;
c.
Successful completion of correspondence, televised, videotaped, audiotape, and
other short courses/tutorials;
d.
Presenting or attending qualifying seminars, in-house courses, workshops, or
professional, technical, or managerial presentations made at meetings,
conventions, or conferences;
e.
Teaching or instructing in (a) through (d) above;
f. Authoring published papers, articles, or
books;
g. Active participation in
professional or technical societies; and h. Patent grants.
2. Unit conversion for other credit to PDH
Units is as follows:
a. 1 College or unit
semester hour -------------------------------- 45 PDH
b. 1 College or unit quarter hour
----------------------------------- 30 PDH
c. 1 Continuing Education Unit
------------------------------------- 10 PDH
d. 1 Hour of professional development in
course work, seminars, or professional, or management, or technical
presentations made at meetings, conventions or conferences
------------------------- 1 PDH
e.
For teaching items 2.a. through d. above, apply a multiple of 2 (teaching
credit is valid for teaching a course or seminar for the first time
only).
f. Each published paper,
article, or book ------------------------- 10 PDH Max.
g. Active participation in professional and
technical society (each organization)----2 PDH h. Each patent granted
---------------------------------------------- 10 PDH Max.
E. Determination of Credit - The
Board has final authority with respect to approval of courses, credit, PDH
value for courses, and other methods of earning credit.
1. Credit for college or community college
approved courses will be based upon credit established by the
college.
2. Credit for qualifying
seminars and workshops will be based on one PDH unit for each hour of
attendance. Attendance at qualifying programs presented at professional and/or
technical society meetings will earn PDH units for the actual time of each
program.
3. Credit determination
for activities D.1.f and D.1.h is the responsibility of the licensee (subject
to review as required by the Board).
4. Credit for activity D.1.g., active
participation in professional and technical societies (limited to 2 PDH per
organization), requires that a licensee serve as an officer and/or actively
participate in a committee of the organization. PDH credits are not earned
until the end of each year of service is completed.
F. Records. - The maintenance of records to
support credits clamed is the responsibility of the licensee. Records required
include, but are not limited to:
1. A log
showing the type of activity claimed, sponsoring organization, location,
duration, instructors or speaker's name, and PDH credits earned;
2. Attendance verification records in the
form of completion certificates, or other documents supporting evidence of
attendance; and
3. Records as
maintained by the Professional Development similar repositories.
These records must be maintained for a period of three (3)
years, and copies may be requested by the board for audit verification
purposes.
G.
Exemptions. A licensee may be exempt from the professional development
education requirements for one of the following reasons:
1. New licensees by way of examination or
comity shall be exempt for their first renewal period;
2. A licensee on active duty in the Armed
Forces of the United States shall be exempt from obtaining professional
development hours required during that biennium;
3. A licensee experiencing physical
disability, illness, or other extenuating circumstances as reviewed and
approved by the Board may be exempt. Supporting documentation must be furnished
to the Board;
4. A licensee listed
as "inactive" on the Board- approved renewal form certifying that they are no
longer receiving any remuneration from providing professional engineering or
professional surveying services shall be exempt from the professional
development hours required;
5. A
Professional Surveyor may be exempt if at least sixty (60) years of age and has
twenty (20) years of acceptable professional experience. This request must be
submitted on forms supplied by the Board; and
6. A Professional Engineer may be exempt if
at least sixty-five (65) years of age and has twenty-five (25) years of
acceptable professional experience. This request must be submitted on forms
supplied by the Board.
H. Forms - All renewal applications will
require the completion of a continuing education certificate stating the number
of PDH credit claimed. The licensee must maintain sufficient records to permit
audit verification, when requested.
I. Audit - The Board may conduct random
audits each year of reported continuing education credit after each license
renewal period according to the following procedures:
1. The population to be audited for
Continuing Professional Competency compliance shall consist of those licensees
who are renewing their licenses with the Board, and who are not claiming PDH
and qualifies for an exemption under Section G. of this Article or who do not
report sufficient hours as provided in Section K. of this Article.
2. The sample for the audit shall be chosen
not less than 180 days after the renewal period is ended.
3. The sample size for each audit group shall
be two percent (2%) of the population, chosen at random, without
replacement.
4. Each licensee
chosen for audit shall provide within 30 days, on the form supplied by the
Board, a log of continuing education obtained during the previous licensing
period, with supporting documents attached, according to the requirements
specified in section F. of this Article.
5. Those auditees failing to respond, or
unable to verify their claims to continuing education may be served with a
complaint and charged with having obtained renewal of their licenses by false
statements according to the provisions and procedures in Articles 14. and 15.
of these rules.
J.
Noncompliance for reporting less than required hours -
1. A licensee who does not satisfy the
continuing education requirement by reporting less than the required number of
hours shall be placed on probationary status and notified of that status. The
licensee shall have six months from the renewal dates to provide documentation
of having obtained both the originally reported and the necessary additional
hours or the licensee's license will be placed in an inactive status.
2. Licensees placed on inactive status may
return to active status as provided for in Article 8. Section F. of these
rules.
ARTICLE
20.
ETHICS AND RULES OF PROFESSIONAL CONDUCT
The following Rules of Professional Conduct shall be binding on
every person holding a Certificate of Licensure. The Rules of Professional
Conduct delineate specific obligations the licensee must meet. In addition,
each licensee is charged with the responsibility of adhering to standards of
highest ethical and moral conduct in all aspects of the practice of
Professional Engineering and Professional Surveying.
Licensees shall avoid conflicts of interest and faithfully
serve the legitimate interest of their employers, clients and customers within
the limits defined by these rules. A Licensee's professional reputation shall
be built on the merit of the licensee's services and shall not compete unfairly
with others.
A. Licensee's Obligation
to Society
1. Licensees, in the performance of
their services for clients, employers and customers, shall be cognizant that
their first and foremost responsibility is to the public welfare.
2. Licensees shall approve and seal only
those design documents and surveys that conform to accepted engineering and
surveying standards and safeguard the life, health, property and welfare of the
public.
3. Licensees shall notify
their employer or client and such other authority as may be appropriate when
their professional judgment is overruled under circumstances where the life,
health, property and welfare of the public is endangered.
4. Licensees shall be objective and truthful
in professional reports, statements or testimony. They shall include all
relevant and pertinent information in such reports, statements or
testimony.
5. Licensees shall
express a professional opinion publicly only when it is founded upon an
adequate knowledge of the facts and a competent evaluation of the subject
matter.
6. Licensees shall issue no
statements, criticisms or arguments on technical matters which are inspired or
paid for by interested parties, unless they explicitly identify the interested
parties on whose behalf they are speaking and reveal any interest they have in
the matters.
7. Licensees shall not
permit the use of their name or firm name by, nor associate in business
ventures with, any person or firm which is engaging in fraudulent or dishonest
business or professional practices.
8. Licensees having knowledge of possible
violations of any of these Rules of Professional Conduct shall provide the
Board with information and assistance necessary for the final determination of
such violation.
9. Licensees who
are salespersons or who represent a particular product or system shall qualify
any public statement made concerning their product or system.
B. Licensee's Obligation to
Employer, Clients, and Customers
1. Licensees
shall undertake assignments only when qualified by education or experience in
the specific technical fields of engineering or surveying involved.
2. Licensees shall not affix their signatures
or seals to any plans or documents dealing with subject matter in which they
lack competence, nor to any such plan or document not prepared under their
direct control and personal supervision.
3. Licensees may accept assignments for
coordination of an entire project, provided that each element is signed and
sealed by the licensee responsible for preparation of that element.
4. Licensees shall not reveal confidential
facts, data or information obtained in a professional capacity without the
prior consent of the client or employer except as authorized or required by
law.
5. Licensees shall not solicit
or accept financial or other valuable consideration, directly or indirectly,
from contractors, their agents or other parties in connection with work for
employers or clients, unless the conditions in Article 20.B.7. are
met.
6. Licensees shall make full
prior disclosures to their employers or clients of potential conflicts of
interest or other circumstances which could influence or appear to influence
their judgment or the quality of their service.
7. Licensees shall not accept compensation,
financial or otherwise, from more than one party for services pertaining to the
same project, unless the circumstances are fully disclosed and agreed to by all
interested parties.
8. Licensees
shall not solicit or accept a professional contract from a governmental body on
which a principle or officer of their organization serves as a member.
Conversely, licensees serving as members, advisors, or employees of a
governmental body or department, who are the principals or employees of a
private concern, shall not participate in decisions with respect to
professional services offered or provided by said concern to the governmental
body which they serve.
C. Licensee's Obligation to Other Licensees
1. Licensees shall not falsify or permit
misrepresentation of their, or their associates; academic or professional
qualifications. They shall not misrepresent or exaggerate neither their degree
of responsibility in prior assignments nor the complexity of said assignments.
Presentations incidental to the solicitation of employment or business shall
not misrepresent pertinent facts concerning employers, employees, associates,
joint ventures or past accomplishments.
2. Licensees shall not offer, give, solicit
or receive, either directly or indirectly, any commission, gift, or other
valuable consideration in order to secure work, and shall not make any
political contribution with the intent to influence the award of a contract by
a public authority.
3. Licensees
shall not attempt to injure, maliciously or falsely, directly or indirectly,
the professional reputation, prospects practice or employment of other
licensees, nor indiscriminately criticize other licensee's work.
4. Licensees who are aware of any alleged
violations of the law, rules of the Board, or these Rules of Professional
Conduct by a fellow licensee may counsel with that licensee to determine the
facts. If correction is not made the licensee shall report the violation to the
Board and other proper authorities.
ARTICLE 21.
PRE-LICENSURE CRIMINAL
BACKGROUND CHECK AND WAIVER REQUEST
A.
Pre-Licensure Criminal Background Check
1.
Pursuant to Act 990 of 2019, an individual may petition for a pre-licensure
determination of whether the individual's criminal record will disqualify the
individual from licensure and whether a waiver may be obtained.
2. The individual must obtain the
pre-licensure criminal background check petition form from the Board.
3. The Board will respond with a decision in
writing to a completed petition within a reasonable time.
4. The Board's response will state the
reasons for the decision.
5. All
decisions of the Board in response to the petition will be determined by the
information provided by the individual.
6. Any decision made by the Board in response
to a pre-licensure criminal background check petition is not subject to
appeal.
7. The Board will retain a
copy of the petition and response and it will be reviewed during the formal
application process.
B.
Waiver Request
1. If an individual has been
convicted of an offense listed in A.C.A. §
17-3-102(a), except those
permanently disqualifying offenses found in A.C.A. §
17-3-102(e), the
Board may waive disqualification of a potential applicant or revocation of a
license based on the conviction if a request for a waiver is made by:
a. An affected applicant for a license; or
b. An individual holding a license
subject to revocation.
2. The Board may grant a waiver upon
consideration of the following, without limitation:
a. The age at which the offense was
committed;
b. The circumstances
surrounding the offense;
c. The
length of time since the offense was committed;
d. Subsequent work history since the offense
was committed;
e. Employment
references since the offense was committed;
f. Character references since the offense was
committed;
g. Relevance of the
offense to the occupational license; and
h. Other evidence demonstrating that
licensure of the applicant does not pose a threat to the health or safety of
the public.
3. A request
for a waiver, if made by an applicant, must be in writing and accompany the
completed application and fees.
4.
The Board will respond with a decision in writing and will state the reasons
for the decision.
5. An appeal of a
determination under this section will be subject to the Administrative
Procedures Act §
25-15-201
et seq.
ARTICLE 22.
EFFECTIVE
DATE
The rules shall be adopted and take effect as provided by the
Administrative Procedures Act on September 1, 2020.