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PROFESSIONAL ENGINEERS ACT

CHAPTER 7. PROFESSIONAL ENGINEERS

ARTICLE 1. GENERAL PROVISIONS

6700.6701.67[J2.67[J2.1.67[J2.2.6703.6703.1.

6704.6704.1.

6705.6706.

6706.3.

Professional Engineers Act IProfessional Engineer Defined ICivil Engineer Defined IElectrical Engineer Defined IMechanical Engineer Defined IResponsible Charge of Work Defined ISupervision of the Construction of Engineering StructuresDefined 2Use of Title Professional Engineer Provisions 2Review of Engineering Branch Titles by Department ofConsumer Affairs and Joint Legislative Sunset Review Committee 2Subordinate Defined 3Immunity for Services Rendered at Scene of Declared EmergencyCaused by Earthquake 3Construction of Terms 4

ARTICLE 2. ADMINISTRATION

6710.6710.16711.6712.6713.6714.6715.6716.6717.6718.6719.6720.6726.6726.1.6726.2.6726.3.6726.4.

State Board for Professional Engineers and Land Surveyors 4Protection of the Public 4Member - Qualifications - Public Members 4Tenus, Vacancies - Consecutive Terms 5Removal by Governor 5Executive Officer 5Records, Roster - Copies 5Board Authority - Rules, Regulations - Meeting Procedure 5Board Authority - Defining Scope of Branches 6Oaths - Testimony, Proofs 6Adoption of Seal 6Board Members - Per Diem, Expenses 6Technical Advisory Committee 6Members ofTechnical Advisory Committee (TAC) 6Members' Qualifications 6Board Members - Compensation 7Board Members - Immunity from Liability 7

ARTICLE 2.3 PROFESSIONAL ENGINEERS REVIEW COMMITTEES

6728.6728.1.6728.2.6728.3.6728.4.6728.5.6728.6.

Review Committees Established 7Review Committee Members - Number, Qualifications 7Committee Members - Per Diem, Expenses 7Hearing - Procedure 7Hearing - Decision 7Board Authority - Rules, Regulations 8Inununity from Liability 8

ARTICLE 3. APPLICATION OF CHAPTER

6730.6730.2.6731.6731.1.6731.2.6731.3.6731.4.

6731.5.6731.6.6732.6732.1.6732.2.6732.3.

6732.4

6733.6734.6734.1.6734.2.6735.6735.1.6735.26735.3.6735.4.6735.5.6735.6.

6736.6736.1.

Registration - Qualifications, Proof 8Legislative Intent 8Civil Engineering - Scope 9Civil Engineering; Additional Authority 9Land Surveying Incidental to Authorized Practice 9Construction Project Management Services - Authorization 10Provision of Construction Management Services -Limitation ofResponsibility 10Electrical Engineering Defined 10Mechanical Engineering Defined 10Use ofTitle - Professional Engineer 10Consulting Engineers' Exemption 11Use ofTitle - Consulting Engineer - Photogrammetry Certificates 11Registrants or Licensees in Corrosion, Quality, or SafetyEngineering - Continuation of Status : 12Discontinuation ofExamination for Registration asCorrosion, Quality, or Safety Engineer -Transition 12Use ofSea1- Expired, Suspended, Revoked Certificate 12Practice ofCivil Engineering 12Practice ofElectrical Engineering 13Practice ofMechanical Engineering 13Civil Engineering Documents - Requirements 13Civil Engineer Providing Construction Supervision 13[Repealed, Chapter 1006, Statutes of2000] 14Signature ofElectrical Engineer on Documents 14Signature ofMechanical Engineer on Documents 14Use Word Certify or Certification 15Civil Engineers - As Built, As Constructed, Record Plans-Contents 15Use ofTitle - Structural Engineer 16Soil Engineer - Geotechnical Engineer - Qualifying Experience -Standards for Qualifying 16

6737.6737.1.6737.2.6737.3.6738.6739.6740.6741.6742.6743.6744.6745.6746.6747.

6748.6749.

Exemption for Registered Architect 16Non-Registered Professional Engineer - Authorized Practices 17Civil Engineers - Supplemental Engineering 17Licensed Contractor - Supervision -Activities Permitted 17Firm or Corporation in Practice ofEngineering 18United States Officers, Employees Exemption 19Subordinates Limited Exemption 20Out-of-State Firms, Person's Conditional Exemption 20Exemption for Real Estate Brokers, Salesmen - Estimates ofValue 20Chapter on Surveyors Unaffected 20Exemption for Land Owner by Practitioner ofEngineering 20Exempted Work - Store Fronts, Interior Alterations 20Communications Industries' Employees' Exemption 21Manufacturing, Mining, Public Utility, Research andDevelopment Exemption 21Nuclear Power Plant 21Use ofWritten Contract to Provide Professional EngineeringServices 21

ARTICLE 4. REGISTRATION

6750.

6751.6751.2.6751.5.6752.6753.6753.5.6754.6755.6755.1.6755.2.6756.6757.6758.6759.

67ffJ.6761.6762.6762.56763.

Application Procedure - Professional Engineer,Engineer-in-Training 22Applicants' Qualifications - Professional Engineer 23Foreign Professional Experience, Education 23BoardAuthority - Establishment ofCurriculaApproval Criteria 23Applicants' Qualification - Civil Engineer 23Experience as Requirement Equivalency -Teaching Experience 24Credit for Armed Forces Experience 24Examinations - Procedure - BoardAuthority 24Examination Divisions - Waiver 24Second Division Examination Requirements 25[Repealed, Chapter 1006, Statutes of2000] 25Certification as Engineer-in-Training 25SeparateApplication for Each Branch ofEngineering 26Failure to Pass - Re-Examination 26Application by Out-of-State Registrants - Second DivisionExaminations 26Temporary Authorization to Practice 26Applicants' Qualifications - Determination by Board 27Certification ofRegistration 27Retired Licenses 27Use ofTitle Structural Engineer, Soil Engineer,Geotechnical Engineer - Application for Use 28

6763.1.6763.5.6764.6765.6766.

Structural Engineer Examination Requirement 28Refund ofApplication Fee - Lack ofQualifications 28Seal or Stamp of Registrant 28Duplicate Certificate 29Certificate as Evidence ofLawful Registration 29

ARTICLE 5. DISCIPLINARY PROCEEDINGS

6775.6775.1.6776.6777.6779.

Investigation of Complaints - Suspension, Revocation 29Disciplinary Actions Against Engineers-In-Training 30Board Authority - Proceedings 30Reissuance ofRevoked Certificate 30Conviction - Effect on Certification 30

ARTICLE 6. OFFENSES AGAINST THE CHAPTER

6785. Board Authority - Investigations 316786. Duty to Prosecute 316787. Misdemeanors - Penalties 316788. Services for Repair of Damage Caused by Natural Disaster

Declared State ofEmergency - Violation ofProvisions -Penalties 32

ARTICLE 7. REVENUE

6795.6795.1.6796.6796.1.679626796.3.

6796.5.6797.

6798.6799.

Certificate Renewal - Unexpired Certificate 32Notice of Pending Expiration - Second Notice 32Renewal- Expired Certificate 32Renewal- Suspended Certificate 33Reinstatement - Revoked Certificate 33Failure to Renew Certificate within Time Limitation-Conditions for Reinstatement 33Effect ofExpired or Delinquent Certificate Renewal 34Disposition of Money Received by Department -Professional Engineer's and Land Surveyor's Fund 34Refunds 34Fee Schedule 34

History

Section Effect Bill Chapter

6732 Amended SB364 7896732.3 Amended SB364 7896732.4 Amended SB364 7896737.1 Amended SB 1077 6076737.3 Amended SB 1077 6076756 Amended SB 1077 607

NoticeThe section titles are not part of the law, but are provided for the reader's ease ofreference and convenience. Italic type indicates changes adopted dUring the 2003legislative session.

This publication is not an official publication of the State of California and should beverified with state law. Information contained herein is not intended to be relied uponor construed as a representation or warranty. This publication is published primarilyas a membership service of the California Land Surveyors Association and the use ofinformation contained herein is by way of a restricted license to members of theCalifornia Land Surveyors Association. Each member of theAssociation, whether thatmember be an individual, partnership. corporation or other form of business entity,does hereby acknowledge that the member is utilizing the information contained hereinby way of assuming and acknowledging all liability and responsibility in regard to tbe

accuracy of the information.

Copyright 2004 by Califnrnia Land Surveyors Association, Inc.

PROFESSIONAL LANDSURVEYORS ACT

CHAPTER 15. LAND SURVEYORS


8700. Professional Land Surveyors Act. 368701. Professional Land Surveyor 368702. Director 368703. Responsible Charge of Work 368704. Practice ofLand Surveying 368705. Subordinate 368706. Board : 368707. Executive Officer 378708. License Required 37


8710.8710.18711.8712.8713.8715.8715.1.8715.2.8715.3.8715.4.

Board Administrative Power 37Protection of the Public 37Records ofApplications 37Annual Roster; Public Character of Records 38Clerical Assistants : 38Technical Advisory Committees 38Committee Appointrnents; Composition ofCommittee 38License Requirements ofCommittee Members 38Committee Per Diem and Expenses 38Committee Immunity. .. 38

ARTICLE 2.3. LAND SURVEYORS REVIEW COMMITIEES

8720.872o.J.8720.2.8720.3.8720.4.8720.5.8720.6.

Review Committees 39Review Committees - Members 39Committee Members; Per Diem and Expenses 39Conduct of Hearings; Presence of Hearing Officer 39Committee Proposed Decisions; Decision to Board 39Rules and Regulations 39Committee Members Immunity 40

ARTICLE 3. APPLICATION OF THE CHAPTER

8725.8726.8726.1.

8726.2.8727.8728.8729.8730.8731.

Necessity ofLicense 40Land Surveying Defined 40Licensed Land Surveyor; Incidental Civil EngineeringWork; Restrictions 41Authority to Perform Land Planning 42Geologic or Landscape Surveys Excluded 42Restriction on Design 42Land Surveying Business, Business Title 42License Requirement Exemptions 43Civil Engineers Exemption; Examination Requirements forthose Registered After January 1, 1982 44

ARTICLE 4. ISSUANCE OF LICENSE

8740.8741.

8741.1.

8742.8743.8744.8745.8746.8747.874758748.8748.5.8749.8750.8751.8752.8753.

Application; Fee 44Divisions ofExamination; Abilities Tested; ApplicationRequirements 44Second Division ofExamination; State Law and Board RulesRegulations; PampWet for Applicants 45Second Division Examination; Qualifications 46References Required 46Promises by Applicant. 46Examinations; Times and Places; Conduct and Scope : 47Qualifications and Reexamination 47Issuance of License and Authority 47Retired License 47Issuance of Licenses to Licensees - Other States or Countries 48Refund ofPortion ofApplication Fee for Unqualified 48Duplicate Certificates ofLicense 48Seal or Stamp ofLicensee 48Representation or Use ofTitle Only by License Holder 48Certificate as Prima Facie Evidence ofLegal License 48Temporary Licenses; Prerequisites 49

ARTICLE 5. SURVEYING PRACTICE

8759.

8760.8761.

8761.1.

Provisions to be Included in Written Contract andContract Requirements 49Administration ofOaths; Certification and Record 50Authorized Practices by Surveyor; Unlawful Unless byAuthorized Practitioner 50Consistency of Authority to Sign and Seal 51

8761.2.

8762.8762.5.

8763.8764.8764.5.8765.8766.

8766.5.8767.

8768.8768.5.8769.8770.

8770.5.

8770.6.8771.

8771.5.

8772.

8773.

8773.1.8773.2.8773.3.

8773.4.

8774.

8774.5

Liability; Damages Caused by Subsequent UnapprovedChanges or Uses of Surveying Documents 51Record of Surveys; Particulars to Be Shown 51Certificate Showing Compliance With Subdivision MapAct Required 53Map Form and Required Standards 53Record of Survey Technical Requirements 53Required Statements 54Record of Survey Not Required 55Examination by County Surveyor of Surveys Recorded;Time; Particulars 55Record ofSurvey Examination Fee 56Approval and Endorsement by County Surveyor; Filingwith Recorder; Return for Betterment ifNot Approved 56Filing Record of Survey; Notation ofMatters Not Agreed Upon 56Record ofSurvey Timely Filing 57Record ofSurvey Fee for Filing and Indexing 57Survey Recorded in Book, Indexing, Storing - Maintenanceof Counter Maps 57Record ofSurvey Amendment to Correct Error or Omission -Manner ofMalting 57Significance ofUse ofCertify or Certification 57Monuments - Number, Durability, and Placing - ResettingWhen Records Exist - Manner - Limitations and Prohibitions 58Necessity for Recording of Survey Map Accompanied byMap Showing Control Scheme 58Marking ofMonuments - Application of Section : 59E-59Filing ofWritten Record ofCorner Establishment orRestoration Required 59Regulation. . 59Receipt and Filing ofCornerRecord - Indexing 59Duty to Reconstruct or Rehabilitate Monument WhereCorner Record Filed 61Signature or Seal Required Before Filing CornerRecord-Exception 61Access and Entry Upon Real Property - Rights ofLandSurveyor - Restrictions 61County Surveyor Index 62

ARTICLE 5.5. PHOTOGRAMMETRY

8775.8775.1.

Use ofTitle; Requirement ofRegistration or License 62Authorized Services by Person meeting Statutory Requirements 62

8775.2.8775.3.

Signature and Certificate Number on Documents 62Renewal of Licenses; Fees 63


8780.

8780.1.8781.8783.

8784.

License Suspension or Revocation Vote Required -Grounds -Period of Suspension 63Revocation of License ofa Land-Surveyor-In-Training 63Conduct of Proceedings 64

Conviction Defined; Board May Order License orCertificate Suspended or Revoked or Refuse to IssueLicense or Certificate 64Reinstatement After Revocation - Vote and Reasons Required 64


8790. Duty of Board to Enforce and Prosecute 648791. Duty of Officers to Enforce and Prosecute Violation 6S8792. Misdemeanors in General. 6S

8803.

8804.

8801.

8804.5.8805.

ARTICLE 8. REVENUE88m. Reception. Account. and Reports - Deposits in and

Expenditures from Fund 6SExpiration of Licenses; Quadrennial Renewal-Redistribution of Renewal Dates : 6SRenewal ofExpired Licenses 6SSuspended License; Renewal - Prohibition AgainstEngaging in Licensed Activity During Suspension 6S

8802.2. Prohibition Against Renewal of Revoked License - FeePayment Prerequisite to Reinstatement. 6SFailure to Renew License within Time Limitation-Conditions for Reinstatement. 67

8803.1. Reviewing Expired or Delinquent License-Provisions Governing 67Renewal or Reinstatement ofCertificate ofRegistrationof Civil Engineer as Including a Surveyor's License 67Fee Refunds 68Fee Schedule 68

8802.8802.1.

History

Section Effect Bill Chapter

8710.1 Added SB 1077 6078762 Amended SB 1077 6078766 Amended SB 1077 6078773.2 Amended SB 1077 6078773.4 Amended SB 1077 607

NoticeThe section titles are not part of the law, but are provided for the reader's ease of referenceand convenience. Italic type indicates changes adopted during the 2003 legislative session.

This publication is not an official publication of the State of California and should beverified with state law. Information contained herein is not intended to be relied upon orconstrued as a representation or warranty. This publication is published primarily as amembership service of the California Land Surveyors Association and the use ofinforma~tion contained herein is by way of a restricted license to members of the California LandSurveyors Association. Each member of the Association, whether that member be anindividual. partnership. corporation or other form of business entity. does hereby acknowledge that the member is utilizing the information contained herein by way ofassuming and acknowledging all liability and responsibility in regard to the accuracy of

the information.

Copyright 2004 by California Land Surveyors Association. Inc.

BOARD RULES

California Code of RegulationsTitle 16, Division 5

§§ 400-474.5

Article 1. General Provisions

400. Introduction (B

401. Declaratory Decisions (B

403. Location of Offices (B

404. Definitions (B

404.1. Definition of Responsible Charge for Professional Engineers 74404.2. Definition of Responsible Charge for Land Surveyors 75405. Delegation ofCertain Functions 76407. Fees 77408. Meetings 78410. Certificates 78411. Seal and Signature 78412. Address Change 00415. Practice Within Area ofCompetence 00416. Substantial Relationship Criteria 00418. Criteria for Rehabilitation 81419. Disciplinary Orders : 82

Article 2. Applications

420.421.

422.

424.424.5.425.426.10.426.11.426.12.426.13.

426.14.

Applications 85RefileApplication 86E-86Final Filing Date 86&86Experience Requirements - Professional Engineers 86Reinstatement Requirements for DelinquentApplicants 87Experience Requirements - Professional Land Surveyors 88Qualification Requirements for Structural Authority 91Qualifying Experience for Structural Authority 91Experience for Checking Structural Plans 92Supplemental Evidence of Responsible Charge forStructural Authority 92Experience for Structural Engineering Gained Out ofState 93

426.50.426.51.427.10.427.20.427.30.428.429.

Qualification Requirements "Soil Engineer" 94Qualifying Experience for "Soil Engineer." 94References for Professional Engineers and Land Surveyors 96Reference Requirements for "Soil Engineer." 96References for Structural Authority 97Abandoned Applications 97Application Appeal. 98

Article 3. Examinations

436. Schedule of Regular Written Examinations 98437. Individual Examination 99438. Waiver ofFundamentals Examination 99439. Examination Not Permitted 101441. Authorization to Take Examination 101442. Examination Subversion 101443. Inspection ofExamination 102444. ExaminationAppeal. 103446. Postponements 104447. Permissible Reference Material and OtherAccessories 104

Article 4. Miscellaneous

460.461.463.

463.5.464.465.470.471.472.472.1.472.2.472.3.472.4473.473.1.473.2.473.3.

Curricula Approved by the Board 104Testing Laboratory Reports 105Notice of Association or Disassociation WithPartnership, Firm, or Corporation 105Providing Notice of Licensure 105Comer Record 106Records ofSurvey - Public Officers 107Application Response 107Processing Time 108Citations of Unlicensed Persons 108Assessment of Administrative Fine 109Appeal ofCitations 109Compliance with Order. 110Disconnection of Telephone Service IIICitations of Licensed Persons 111Assessment of Adntinistrative Fines 112Appeal ofCitations 112Compliance with Citations. 113

473.4. Disconnection ofTelephone Service 114474. Establishment ofCriteria 114474.1. Request for Qualifications 1144742. Selection of Engineers and Land Surveyors 115474.3. Conflict ofInterestJUnlawfulActivity liS474.4. Amendments liS474.5. Contracting in Phases 115475. Code of Professional Conduct - Professional Engineering 115476. Code of Professional Conduct - Professional Land Surveying 118

PROFESSIONAL ENGINEERS ACT

CHAPTER 7. PROFESSIONAL ENGINEERS


6700. Professional Engineers ActThis chapter constitutes the chapter on professional engineers. It may be cited

as the Professional Engineers Act.[Amended, Chapter 732, Statutes of 1985]

6701., Professional Engineer DefinedProfessional engineer, within the meaning and intent of this act, refers to a

person engaged in the professional practice ofrendering service or creative workrequiring education, training and experience in engineering sciences and theapplication of special knowledge of the mathematical, physical and engineeringsciences in such professional or creative work as consultation, investigation,evaluation, planning or design ofpublic or private utilities, structures, machines,processes, circuits, buildings, equipment or projects, and supervision ofconstructionfor the purpose ofsecuring compliance with specifications and design for any suchwork.

6702. Civil Engineer DefinedCivil engineer as used in this chapter means a professional engineer in the

branch ofcivil engineering and refers to one who practices or offers to practice civilengineering in any of its phases.

6702.1. Electrical Engineer DefinedElectrical engineer as used in this chapter means a professional engineer in the

branch ofelectrical engineering and refers to one who practices or offers to practiceelectrical engineering in any of its phases.

6702.2. Mechanical Engineer DefinedMechanical engineer as used in this chapter means a professional engineer in

the branch ofmechanical engineering and refers to one who practices or offers topractice mechanical engineering in any of its phases.

6703. Responsible Charge of Work DefinedThe phrase responsible charge of work means the independent control and

direction, by the use of initiative, skill, and independent judgment, of theinvestigation or design ofprofessional engineering work or the direct engineering

control of such projects. The phrase does not refer to the concept of financialliability.

[Amended. Chapter 229, Statutes of 1986]

6703.1. Supervision of the Construction of Engineering StructuresDefined

Supervision of the construction of engineering structures means the periodicobservation ofmaterials and completed work to determine general compliance withplans, specifications, and design and planning concepts. However, supervision ofconstruction of engineering structures does not include responsibility for thesuperintendence ofconstruction processes, site conditions, operations, equipment,personnel, or the maintenance ofa safe place to work or any safety in, on, or aboutthe site.

For purposes of this subdivision, periodic observation means visits by anengineer, or his or her agent, to the site ofa work of improvement.

[Amended, Chapter 959, Statutes of 1987]

6704. Use ofTitle Professional Engineer ProvisionsIn order to safeguard life, health, property, and public welfare, no person shall

practice civil, electrical, or mechanical engineering unless appropriately registeredor specifically exempted from registration under this chapter, and only personsregistered under this chapter shall be entitled to take and use the titles consultingengineer, professional engineer, or registered engineer, or any combination ofthosetitles, and according to registration with the board the engineering branch titlesspecified in Section 6732, or the authority titles specified in Sections 6736 and6736.1, or '"engineer-in-training."

The provisions of this act pertaining to registration of professional engineersother than civil engineers, do not apply to employees in the communication industty;nor to the employees of contractors while engaged in work on communicationequipment; however, those employees may not use any ofthe titles listed in Section6732 unless registered.

The provisions ofthis section shall not prevent the use ofthe title "consultingengineer" by a person who has qualified for and maintained exemption for usingthat title under the provisions of Section 6732.1, or by a person licensed as aphotograrnmetric surveyor.

[Amended, Chapter lOB, Statutes of 2002]

6704.1. Review of Engineering Branch Titles by Department ofConsumer Affairs and Joint Legislative Sunset ReviewCommittee

<a) The Department ofConsumerAffairs, in conjunction with the board, and theJoint Legislative Sunset Review Committee shall review the engineering branchtitles specified in Section 6732 to determine whether certain title acts should beeliminated from this chapter, retained, or converted to practice acts similar to civil,electrical, and mechanical engineering, and whether supplemental engineering work

2

should be pennitted for all branches ofengineering. The departtnent shall contractwith an independent consulting firm to perfonn this comprehensive analysis oftitleact registration.

(b) The independent consultant shall perfonn, but not be limited to, the following:(I) meet with representatives of each of the engineering branches and other

professional groups;(2) examine the type ofservices and work provided by engineers in all branches

of engineering and interrelated professions within the marketplace, to detenninethe interrelationship that exists between the various branches of engineers andother interrelated professions;

(3) review and analyze educational requirements ofengineers;(4) identif'y the degree to which supplemental or "overlapping" work between

engineering branches and interrelated professions occurs;(5) review alternative methods of regulation of engineers in other states and

what impact the regulations would have if adopted in California;(6) identif'y the manner in which local and state agencies utilize regulations and

statutes to regulate engineering work; and,(7) recommend changes to existing laws regulating engineers after considering

how these changes may effect the health, safety, and welfare ofthe public.(c) The board shall reimburse the departtnent for costs associated with this

comprehensive analysis. The department shall report its findings andrecommendations to the Legislature by September 1,2002.


6705. Subordinate DefinedA subordinate is any person who assists a registered professionai engineer in

the practice of professional engineering without assuming respOIisible charge ofwork.

6706. Immunity for Services Rendered at Scene of DeclaredEmergency Caused by Earthquake

(a) An engineer who voluntarily, without compensation or expectation ofcompensation, provides structural inspection services at the scene of a declarednational, state, or local emergency at the request ofa public official, public safetyofficer, or city or county building inspector acting in an official capacity shall not beliable in negligence for any personal injury, wrongful death, or property damagecaused by the engineer's good faith but negligent inspection ofa structure used forhuman habitation or owned by a public entity for structural integrity or nonsttucturalelements affecting life and safety.

The immunity provided by this section shall apply only for an inspection thatoccurs within 30 days ofthe declared emergency.

Nothing in this section shall provide immunity for gross negligence or willfulmisconduct.

(b) As used in this section:

3

ofahearing officerunder subdivisions (b) and (c) ofSection 11517 ofthe GovernmentCode.

[Amended, Chapter 1013, Statutes of 2002J

6728.5, Board Authority· Rules, RegulationsThe board may adopt, amend or repeal, in accordance with the provisions of

Chapter 3.5 (commencing with Section 11340), Part I, Division 3, Title 2 of theGovernment Code, rules and regulations necessary to implement these sections.


6728.6. Immunity from LiabilityEach member of a professional engineers review committee or other board

appointed committee and any board-appointed representative ofthe board shall begranted the same immunity as is granted to a public employee pursuant to Artiele 3(commencing with Section 820) ofChapter I ofPart 2 ofDivision 3.6 ofTitle I oftheGovernment Code.

ARTICLE 3. APPLICATION OF CHAPTER

6730. Registration· Qualifications, ProofIn order to safeguard life, health, property and public welfare, any person,

either in a public or private capacity, except as in this chapter specifically excepted,who practices, or offers to practice, civil engineering, electrical engineering ormechanical engineering, in any of its branches in this state, inclUding any personemployed by the State of California, or any city, county, or city and county, whopractices engineering, shall submit evidence that he is qualified to practiCe, andshall be registered accordingly as a civil engineer, electrical engineer or mechanicalengineer by the board.

6730.2. Legislative IntentIt is the intent of the Legislature that the registration requirements that are

hnposed upon private sector professional engineers and engineering partnerships,firms, or corporation shall be imposed upon the state and any city, county, or cityand county that shall adhere to those requirements. Therefore, for the purposes ofSection 6730 and this chapter, at least one registered engineer shall be designatedthe person in responsible charge ofprofessional engineering work for each branchofprofessional engineering practiced in any department or agency ofthe state, city,county, or city and county.

Any department or agency of the state or any city, county, or city and countywhich has an unregistered person in responsible charge of engineering work onJanuary I, 1985, shall be exempt from this requirement until that time as the personcurrently in responsible charge is replaced.

[Amended, Chapter 159, Statutes of 200lJ

8

6731. Civil Engineering· ScopeCivil engineering embraces the following studies or activities in connection

with fixed works for irrigation, drainage, waterpower, water supply, flood control,inland waterways, harbors, municipal improvements, railroads, highways, tunnels,airports and airways, purification ofwater, sewerage, refuse disposal, foundations,grading, framed and homogeneous structures, buildings, or bridges:

(a) The economics of, the use and design of, materials ofconstruction and thedetermination oftheir physical qualities.

(b) The supervision of the construction of engineering structures.(c) The investigation of the laws, phenomena and forces ofnature.(d) Appraisals or valuations.(e) The preparation or submission of designs, plans and specifications and

engineering reports.(f) Coordination ofthe work ofprofessional, technical, or special consultants.(g) Creation, preparation, or modification ofelectronic or computerized data in

the performance of the activities described in subdivisions (a) through (t).Civil engineering also includes city and regional planning insofar as any of theabove features are concerned therein.

Civil engineers registered prior to January 1, 1982, shall be authorized to practiceall land surveying as defined in Chapter 15 (commencing with Section 8700) ofDivision 3.

[Amended, Chapter 1226, Statutes of 1990][NOTE: The last registration number issued to a civil engineer registered

before January 1, 1982 was 33,965]

6731.1. Civil Engineering; Additional AuthorityCivil engineering also includes the practice or offer to practice, either in a public or

private capacity, all ofthe following:(a) Locates, relocates, establishes, reestablishes, or retraces the alignment or

elevation for any ofthe fixed works embraced within the practice ofcivil engineering,as described in Section 6731.

(b) Determines the configuration or contour ofthe earth's surface or the positionoffixed objects thereon orrelated thereto, by means ofmeasuring lines and angles,and applying the principles oftrigonometry or photograrnmetry.

(c) Creates, prepares, or modifies electronic or computerized data in theperformance ofthe activities described in subdivisions (a) and (b).


6731.2. Land Surveying Incidental to Authorized PracticeAny registered civil engineer may offer to practice, procure, and offer to procure,

land surveying work incidental to his or her civil engineering practice, even thoughhe or she is not authorized to perform that work, provided all the land surveyingwork is performed by, or under the direction ot; a licensed land surveyor or registeredcivil engineer authorized

9

to practice land surveying. Further, any registered civil engineer may manage orconduct as manager, proprietor, or agent, a civil engineering practice which offersto practice, procure, and offers to procure, such incidental land surveying work.

6731.3. Construction Project Management Services· AuthorizationA registered civil engineer may also practice or offer to practice, either in a

public or private capacity, construction project management services, including,but not limited to, construction project design review and evaluation, constructionmobilization and supervision, bid evaluation, project scheduling, cost-benefitanalysis, claims review and negotiation, and general management and administrationofa construction project.

[Added, Chapter 786, Statutes of 1990]

6731.4. Provision of Construction Management Services· Limitationof Responsibility

If a registered civil engineer provides construction management servicespursuant to Section 6731.3, Section 6703.1 shall not limit the responsibility oftheengineer for the services actually provided.


6731.5. Electrical Engineering Defined(a) Electrical engineering is that branch ofprofessional engineering described

in Section 6734, I that embraces studies or activities relating to the generation,transmission, and utilization ofelectrical energy, including the design ofelectrical, electronic, and magnetic circuits, and the technical control oftheiroperation and ofthe design ofelectrical gear. It is concerned with the research,organizational, and economic aspects ofthe above.

(b) The design ofelectronic and magnetic circuits is not exclusive to thepractice ofelectrical engineering, as defined in subdivision (a).


6731.6. Mechanical Engineering DefinedMechanical engineering is that branch ofprofessional engineering described

in Section 6734.2 that deals with engineering problems relating to generation,transmission, and utilization ofenergy in the thermal or mechanical form and alsowith engineering problems relating to the production oftools, machinery, andtheir products, and to heating, ventilation, refrigeration, and plumbing. It isconcerned with the research, design, production, operational, organizational, andeconomic aspects of the above.


6732. Use otTitle • Professional EngineerIt is unlawful for anyone other than a professional engineer licensed under this

chapter, to stamp or seal any plans, specifications, plats, reports, or other documentswith the seal or stamp of a professional engineer, or in any manner, use the title

10

Hprofessional engineer," "licensed engineer," "registered engineer," or "consultingengineer," or any ofthe following branch titles: "agricultural engineer," "chemicalengineer," "civil engineer," "control system engineer," "electrical engineer," "fireprotection engineer," "industrial engineer," "mechanical engineer," "metallurgicalengineer," "nuclear engineer," "petroleum engineer," or "traffic engineer," or anycombination of these words and phrases or abbreviations thereof unless licensedunder this chapter.

[Amended, Chapter 789. Statutes of 2003]

6732.1. Consulting Engineers' ExemptionAny person who has been granted permission to use the title consulting engineer

pursuantto legislation enacted at the 1963, 1965, or 1968 Regular Session is exemptfrom the provisions of Section 6732 as it restricts the use of the title consultingengineer, and such exemption shall apply so long as the applicant remains in practiceand advises the board of any change of address within 30 days of such change.The board may adopt such rules under provisions ofthe Administrative ProcedureAct as are necessary to implement this section.

The provisions ofArticles 5 (commencing with Section 6775),6 (commencingwith Section 6785), and 7 (commencing with Section 6795) of this chapter shallapply to all persons who are granted permission to use the title consulting engineerpursuantto legislation enacted in 1963 and 1965 and the amendments to this sectionenacted at the 1968 Regular Session.

6732.2. Use of Title· Consulting Engineer· PhotogrammetryCertificates

Any person who possesses a valid certificate to practice photogranunetry issuedto him under the provisions ofChapter 15 (commencing with Section 8700) ofthisdivision may apply for, and be issued, a certificate of authority to use the titleconsulting engineer, ifall ofthe following requirements are satisfied:

(a) Application is made on a form provided by the board and is accompaniedby the fees prescribed in Section 8805.

(b) Information submitted evidences to the satisfaction of the board that theapplicant has had five years of independent control in furnishing consultingphotogranunetric, geodetic, or topographic surveying services or consultingsurveying services in connection with fixed works as defined in Section 6731.

Authority to use the title consulting engineer granted under this section doesnot affect authorizations made under the several provisions provided in Section6732.1.

Authority to use the title consulting engineer granted under this section shallremain valid only while its holder's basic license is valid, and ifit lapses it may berenewed only as provided in Article 7 (commencing with Section 6795).

The provisions of Article 5 (commencing with Section 6775), Article 6(commencing with Section 6785), and Article 7 (commencing with Section 6795), of

II

this chapter, shall apply to the certificates issued as provided in this section and tothe persons so certificated.

6732.3. Registrants or Licensees in Corrosion, Quality, or SafetyEngineering· Continuation of Status.

<a) Any person who has received from the board a registration or license incorrosion, manufacturing, quality, or safety engioeering, and who holds a validregistration or license to practice professional engineering under this chapter, maycontinue to use the branch title ofthe branch in which the professional engineer islegally registered. A person holding a registration in corrosion, manufacturing,quality, or safety engineering is subject to the registration or license renewalprovisions of this chapter.

(b) The professional engioeer also may continue to use the title of"professionalengineer," "licensed engineer," "registered engineer," or "consulting engineer."

[Amended, Chapter 789, Statutes of 20031

6732.4 Discontinuation of Examination for Registration asCorrosion, Quality, or Safety Engineer· Transition

(a) Notwithstanding any other provision oflaw, any person who has appliedfor registration as a corrosion, quality, or safety engineer, and who has completedthe written examination in one or more ofthese branch titles prior to January I, 1999,shall be issued a registration in the branch title for which the applicant was examined,provided that he or she has met all other qualifications for registration. The boardshall not administer any examination for registration as a corrosion, quality, orsafety engineer on or after January 1, 1999.

(b) Natwithstanding any ather provision oflaw, any person who has appliedfor registration as a manufactuing engineer, and who has completed the writtenexamination far this branch title prior to January 1, 2004, shall be issued aregistration as a manufacturing engineer, provided that he or she has met allother qualificatians for registration. The board shall not administer anyexamination for registration as a manufacturing engineer on or after January 1,2004.

[Amended, Chapter 789, Statutes of 20031

6733. Use of Seal· Expired, Suspended, Revoked CertificateIt is unlawful for anyone to stamp or seal any plans, specifications, plats,

reports, or other documents with the seal after the certificate of the registrant,named thereon, has expired or has been suspended or revoked, unless the certificatehas been renewed or reissued.

6734. Practice of Civil EngineeringAny person practices civil engineering when he professes to be a civil engineer

or is in responsible charge ofcivil engineering work.

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6734.1. Practice of Electrical EngineeringAny person practices electrical engineering when he professes to be an electrical

engineer or is in responsible charge ofelectrical engineering work.

6734.2. Practice of Mechanical EngineeringAny person practices mechanical engineering when he professes to be a

mechanical engineer or is in responsible charge ofmechanical engineering work.

6735. Civil Engineering Documents· Requirements(a)All civil (including structural and geotechnical) engineering plans,

calculations, specifications, and reports (hereinafter refered to as "documents")shall be prepared by, or onder the responsible charge of, a registered civil engineer,and shall include his or her name and license number. Interim documents shallinclude a notation as to the intended purpose ofthe document, such as "preliminary,"Unot for construction," "for plan check only," or "for review only." All civilengineering plans and specifications that are permitted or that are to be released forconstruction shall bear the signature and seal or stamp ofthe registrant, the date ofsigning and sealing or stamping, and the expiration date ofthe certificate or authority.All final civil engineering calculations and reports shall bear the signature and sealor stamp of the registrant, the date of signing and sealing or stamping, and theexpiration date ofthe certificate or authority. Ifcivil engineering plans are requiredto be signed and sealed or stamped and have multiple sheets, the signature, seal orstamp, date ofsigning and sealing or stamping, and expiration date ofthe certificateor authority shall appear on each sheet ofthe plans. Ifcivil engineering specifications,calculations, and reports are required to be signed and sealed or stamped and havemultiple pages, the signature, seal, or stamp, date ofsigning and sealing or stamping,and expiration date ofthe certificate or authority shall appear at a niinimum on thetitle sheet, cover sheet, or signature sheet.

(b) Notwithstanding subdivision (a), a registered civil engineer who signs civilengineering documents shall not be responsible for damage caused by subsequentchanges to or uses ofthose documents, ifthe subsequent changes or uses, includingchanges or uses made by state or local governmental agencies, are not authorizedor approved by the registered engineer who originally signed the documents,provided that the engineering service rendered by the civil engineer who signedthe documents was not also a proximate cause ofthe damage.


6735.1. Civil Engineer Providing Construction SupervisionThe signing of civil engineering plans, specifications, reports, or documents

which relate to the design offixed works shall not impose a legal duty orresponsibilityupon the person signing the plans, specifications, reports, or documents to supervisethe construction of engineering structures or the construction of the fixed workswhich are the subject ofthe plans, specifications, reports, or documents. However,

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nothing in this section shall preclude a civil engineer and a client from entering intoa contractual agreement which includes a mutually acceptable arrangement for theprovision of construction supervision services. Nothing contained in thissubdivision shall modifY the liability ofa civil engineer who undertakes, contractuallyor otherwise, the provision ofconstruction supervision services for rendering thoseservices.


6735.2 [Repealed, Chapter 1006, Statutes of 20001

6735.3. Signature of Electrical Engineer on DocumentsCa) All electrical engineering plans, specifications, calculations, and reports

(hereinafter referred to as "docrunents") prepared by, or under the responsiblecharge ofa registered electrical engineer shall include his or her name and licensenrunber.Interim docrunents shall include a notation as to the intended purpose of thedocument, such as "preliminary," "not for construction," "for plan check only," or"forreview ouly."All electrical engineering plans and specifications that are permittedor that are to be released for construction shall bear the signature and seal or stampof the registrant, the date of signing and sealing or stamping, and the expirationdate ofthe registration. All fmal electrical engineering calculations and reports shallbear the signature and seal or stamp of the registrant, the date of signing andsealing or stamping, and the expiration date ofthe registration.If electrical engineering plans are required to be signed and sealed or stamped andhave multiple sheets, the signature, seal or stamp, date of signing and sealing orstamping, and expiration date ofthe registration shall appear on each sheet of theplans. Ifelectrical engineering specifications, calculations, and reports are requiredto be signed and sealed or stamped and have multiple pages, the signature, seal orstamp, date ofsigning and sealing or stamping, and expiration date ofthe registrationshall appear at a minimrun on the title sheet, cover sheet, or signature sheet.

Cb) Notwithstanding subdivision Ca), a registered electrical engineer who signselectrical engineering docrunents shall not be responsible for damage caused bysubsequent changes to or uses of those docrunents, if the subsequent changes oruses, including changes or uses made by state or local goverrunental agencies, arenot authorized or approved by the registered engineer who originally signed thedocrunents, provided that the engineering service rendered by the electrical engineerwho signed the docrunents was not also a proximate cause ofthe damage.


6735.4. Signature of Mechanical Engineer on DocumentsCa) All mechanical engineering plans, specifications, calculations and reports,

(hereinafter referred to as "docrunents") prepared by, or under the responsiblecharge of, a registered mechanical engineer shall include his or her name and licensenrunber.

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Interim documents shall include a notation as to the intended purpose of thedocument, such as "preliminary," "not for construction," "for plan check only," or"for review only." All mechanical engineering plans and specifications that arepermitted or that are to be released for construction shall bear the signature andseal or stamp ofthe registrant, the date ofsigning and sealing or stamping, and theexpiration date ofthe registration.

All final mechanical engineering calcnlations and reports shall bearthe signatureand seal or stamp ofthe registrant, the date ofsigning and sealing or stamping, andthe expiration date ofthe registration. Ifmechanical engineering plans are requiredto be signed and sealed or stamped and have mnltiple sheets, the signature, seal orstamp, date of signing and sealing or stamping, and the expiration date of thecertificate of registration shall appear on each sheet of the plans. If mechanicalengineering specifications, calculations, and reports are required to be signed andsealed or stamped and have multiple pages, the signature, seal, or stamp, date ofsigning and sealing or stamping, and expiration date ofthe registration shall appearat a minimum on the title sheet, cover sheet, or signature sheet.

(b) Notwithstanding subdivision (a), a registered mechanical engineer whosigns mechanical engineering documents shall not be responsible for damage causedby subsequent changes to or uses of those documents, if the subsequent changesor uses, including changes or uses made by state or local governmental agencies,are not authorized or approved by the registered engineer who originally signed thedocuments, provided that the engineering service rendered by the mechanical engineer who signed the documents was not also a proximate cause ofthe damage.


6735.5. Use Word Certify or CertificationThe use ofthe word certifY or certification by a registered professional engineer

in the practice of professional engineering or land surveying constitutes anexpression ofprofessional opinion regarding those facts or fmdings which are thesubject ofthe certification, and does not constitute a warranty or guarantee, eitherexpressed or implied.

6735.6. Civil Engineers • As Built, As Constructed, Record Plans·Contents

If a registered civil engineer is required to provide as built, as constructed, orrecord plans for improvements or grading, which plans show changes during theconstruction process, the following shall apply:

(a) Ifthe registered civil engineer provided construction phase services on theproject that include supervision of the construction ofengineering structures, theplans shall be based upon the field observations ofthe registered civil engineer andhis or her agents, and information received from the project owner, projectcontractors, and public agencies.

(b) If the registered civil engineer did not provide construction phase serviceson the project that include supervision ofthe construction ofengineering structures,

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the plans shall be based on infonnation received from the project owner, projectcontractors, and public agencies, but need not be based upon a field verification orinvestigation ofthe improvements or grades, unless the registered civil engineer isengaged to provide such field verification services.

(c) The registered civil engineer shall not be required to include a certificate orstatement on as built, as constructed, or record plans that is inconsistent with orvaries from the provisions ofthis section.


6736. Use of Title' Structural EngineerNo person shall use the title, structural engineer, unless he is a registered civil

engineer in this State and, furthennore, unless he has been found qualified as astructural engineer according to the rules and regulations established therefor bythe board.

6736.1. Soil Engineer· Geotechnical Engineer - QualifyingExperience - Standards for Qualifying

(a) On or after July 1, 1984, no person shall use the title, soil engineer, unless heor she is a registered civil engineer in this state and he or she has been foundqualified as a soil engineer according to the rules and regulations established forsoil engineers by the board. Any registered civil engineer using the title soil engineeron or before July 1, 1984, may, for a period oftwo years, continue to use the title soilengineer. On and after July I, 1986, no person may use the title soil engineer, soilsengineer, or geotechnical engineer, unless he or she files an application to use theappropriate title with the board and the board detennines the applicant is qualifiedto use the requested title.

(b) The board shall establish qualifications and standards to use the title soilengineer, soils engineer, or geotechnical engineer. However, each applicant shalldemonstrate a minimum of four years qualifYing experience beyond that requiredfor registration as a civil engineer, and shall pass the examination specified by theboard.

(c) For purposes of this section, qualifYing experience means proof ofresponsible charge ofsoil engineering projects in at least 50 percent ofthe majorareas ofsoil engineering, as detennined by the board.

(d) Nothing contained in this chapter requires existing references to soilengineering, soils engineering, geotechnical engineering, soil engineer, soils engineer,or geotechnical engineer, in local agency ordinances, building codes, regulations,or policies, to mean that those activities or persons must be registered or authorizedto use the relevant title or authority.

[Amended, Chapter 26, urgency eff. March 3D, 1994, Statutes of 1994.]

6737. Exemption for Registered ArchitectAn architect, who holds a certificate to practice architecture in this State under

the provisions of Chapter 3 of Division 3 of this code insofar as he practices

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architecture in its various branches, is exempt from registration under the provisionsof this chapter.

6737.1. Non-Registered Professional Engineer-AuthorizedPractices

(a) This chapter does not prohibit any person from preparing plans, drawings,or specifications for any ofthe following:

(1) Single-family dwellings of woodframe construction not more than twostories and basement in height.

(2) Multiple dwellings containing no more than four dwelling units ofwoodfrarne construction not more than two stories and basement in height. However,this paragraph shall not be construed as allowing an unlicensed person to desigomultiple clusters ofup to four dwelling units each to form apartment or condominiumcomplexes where the total exceeds four units on any lawfully divided lot.

(3) Garages or other structures appurtenant to buildings described undersubdivision (a), ofwoodframe construction not more than two stories and basementin height.

(4) Agricultural and ranch buildings of woodframe construction, unless thebuilding official having jurisdiction deems that an undue risk to the public health,safety or welfare is involved.

(b) If any portion of any structure exempted by this section deviates fromsubstantial compliance with conventional framing requirements for woodframeconstruction found in the most recent edition ofTitle 24 ofthe California Code ofRegulations or tables of limitation for woodframe construction, as defined by theapplicable building code duly adopted by the local jurisdiction or the state, thebuilding official having jurisdiction shall require the preparation ofplans, drawings,specifications, or calculations for that portion by, or under the responsible chargeof, a licensed engineer, or by, or under the responsible control of, an architectlicensedpursuant to Chapter 3 (commencing with Section 5500). The documentsfor that portion shall bear the stamp and signature ofthe licensee who is responsiblefor their preparation.


6737.2. Civil Engineers - Supplemental EngineeringNothing in this chapter shall prohibit a civil engineer, registered under the

provisions ofthis chapter, from practicing or offering to practice any engineering inconnection with or supplementary to civil engineering studies or activities as definedin Section 6731.

6737.3. Licensed Contractor - Supervision - Activities PermittedA contractor, licensed under Chapter 9 (commencing with Section 7000) of

Division 3, is exempt from the provisions ofthis chapterrelating to the practice ofelectrical or mechanical engineering so long as the services he or she holds himselfor herself out as able to perform or does perform, which services are subject to the

17

provisions of this chapter, are perfonned by, or under the responsible charge ofaregistered electrical or mechanical engineer insofar as the electrical or mechanicalengineer proctices the branch ofengineering for which he or she is registered.

This section shall not prohibit a licensed contractor, while engaged in thebusiness ofcontracting for the installation of electrical or mechanical systems orfacilities, from designing those systems or facilities in accordance with applicableconstruction codes and standards for work to be perfonned and supervised by thatcontractor within the classification for which his or her license is issued, or frompreparing electrical or mechanical shop or field drawings for work which he or shehas contracted to perfonn. Nothing in this section is intended to imply that alicensed contractor may design work which is to be installed by another person.

[Amended, Chapter 607, Statutes oj 2003J

6738. Firm or Corporation in Practice of Engineering(a) TIlls chapter does not prohibit one or more civil, electrical, or mechanical

engineers from procticing or offering to proctice within the scope oftheir registration,civil, electrical, or mechanical engineering as a sole proprietorship, partnership,finn, or corporotion, (hereinafter called business), ifall ofthe following requirementsare met:

(I) A civil, electrical, or mechanical engineer currently registered in this state isan owner, part owner, or officer in charge ofthe engineering proctice ofthe business.

(2) All engineering plans, specifications, reports, and documents are preparedunder the responsible charge ofa registered engineer in the appropriate branch ofprofessional engineering.

(3) The business name ofa California business shall only contain the name ofany person who is registered by the board in a branch ofprofessional engineering,a licensed land surveyor, a licensed architect, or a geologist registered under theGeologistAct (Chapter 12.5 (commencing with Section 7800)). Any offer, promotion,or advertisement by the business which contains the name ofany individual in thebusiness, other than by use ofthe name ofan individual in the business name, shallclearly and specifically designate the license or registration discipline of eachindividual named.

(h) An out-of-state business with a branch office in this state shall, meet therequirements of subdivision (a) and shall have a part owner or officer who is incharge ofthe engineering work in the branch in this state, who is registered in thisstate, and who is physically present at the branch office in this state on a regularbasis. However, the name ofthe business may contain the name ofany person notregistered in this state if that person is appropriately registered in another state.Any offer, promotion, or advertisement which contains the name ofany individualin the business, other than by use of the names of the individuals in the businessname, shall clearly and specifically designate the license or registration disciplineofeach individual named.

(c) A fictitious name may be used for an engineering business if (I) the namedoes not conflict with paragraph (3) ofsubdivision (a) requiring that names used in

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the business name shall be appropriately registered individuals, and (2) anorganization record form is filed with the board.

(d) A nonregistered person may also be a part owner or an officer of a civil,electrical, or mechanical engioeering business ifthe requirements ofsubdivision (a)are me!.

(e) This chapter does not prevent an individual or business engaged io anyline ofendeavor other than the pmctice ofcivil, electrical or mechanical engioeeringfrom employing or contracting with a registered civil, electrical, or mechanicalengineer to perform the respective engineering services incidental to the conductof business.

(f) This section shall not prevent the use ofthe name ofany business engagedin rendering civil, electrical, or mechanical engineering services, including the useby any lawful successor or survivor, which lawfully was in existence on December31, 1987. However, the business is subject to paragraphs (1) and (2) ofsubdivision(a), and the business shall file an organization record form with the board asdesignated by board rule.

(g) A business engaged io rendering civil, electrical, or mechanical engioeeringservices may use in its name the name ofa deceased or retired person provided allofthe following conditions are satisfied:

(I) The person's name had been used in the name of the business or apredecessor in interest ofthe business, prior to and after the death or retirement ofthe person.

(2) The person shall have been an owner, part owner, or officer ofthe busioess,or an owner, part owner, or officer ofthe predecessor in ioterest ofthe business.

(3) The person shall have been licensed as a professional engineer, or a landsurveyor, or an architect, or a geologist, (A) by the appropriate licensing board ifthat person is opemting a place ofbusioess or pmctice in this state, or (B) by theapplicable state board io the event no place ofbusiness existed in this state.

(4) The person, if retired, has consented to the use of the name and does notpermit the use ofthe name io the title ofanother professional engineering businessin this state during the period ofthe consent. However, the retired person may usehis or her name as the name ofa new or purchased business if it is not identical inevel}' respect to that person's name as used in the former business.

(5) The business shall be subject to the provisions ofparagraphs (1) and (2) ofsubdivision (a).

(6) The business files a current organization record form \vith the board.(h) This section does not affect the provisions ofSections 6731.2 and 8726.1.


6739. United States Officers, Employees ExemptionOfficers and employees of the United States ofAmerica practicing solely as

such officers or employees are exempt from registration under the provisions ofthischapter.

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6740. Subordinates Limited ExemptionA subordinate to a civil, electrical or mechanical engineer registered under this

chapter, or a subordinate to a civil, electrical or mechanical engineer exempted fromregistration under this chapter, insofar as he acts solely in such capacity, is exemptfrom registration under the provisions of this chapter. This exemption, however,does not permit any such subordinate to practice civil, electrical or mechanicalengineering in his own right or to use the title, civil engineer or structural engineeror electrical engineer or mechanical engineer or soil engineer.

6741. Out-of-State Firms, Person's Conditionai ExemptionAny person, frrm, par1nership, or corporation is exempt from registration under

the provisions ofthis chapter who meets all ofthe following:(a) Is a nonresident ofthe State ofCalifornia.(b) Is legally qualifred in another state to practice as a civil, electrical, or

mechanical engineer.(c) Does not maintain a regular place of business in this state.(d) Offers to but does not practice civil, electrical, or mechanical engineering in

this state.[Amended, Chapter 1006, Statutes of 2000]

6742. Exemption for Real Estate Brokers, Salesmen· Estimates ofValue

Any person, frrm or corporation holding a license as real estate broker or realestate salesman, when making appraisals and valuations of real estate properties,while engaged in the business or acting in the capacity ofa real estate broker or areal estate salesman, within the meaning ofthe California Real EstateAct is exemptfrom registration under the provisions of this chapter.

6743. Chapter on Surveyors UnaffectedThis chapter does not affect Chapter 15 of Division 3 of this code, relating to

surveyors, except insofar as this chapter is expressly made applicable.

6744. Exemption for Land Owner by Practitioner of EngineeringThis chapter does not require registration for the purpose of practicing civil

engineering, by an individual, a member ofa firm orpar1nership, or by an officer ofa corporation on or in connection with property owned or leased by the individual,firm, par1nership, or corporation, unless the civil engineering work to be performedinvolves the public health or safety or the health and safety of employees of theindividual, frrm, par1nership or corporation.

6745. Exempted Work· Store Fronts, Interior AlterationsThis chapter does not prohibit any person, frrm or corporation from furnishing,

either alone or with subcontractors, labor and materials, with or without plans,drawings, specifrcations, instruments of service or other data covering such laborand materials:

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<a) For store fronts, interior alterations or additions, fixtures, cabinet work,furniture or other appliances or equipment.

(b) For any work necessary to provide for their installation.<c) For any alterations or additions to any building necessary to or attendant

upon the installation ofsuch store fronts, interior alterations or additions, fixtures,cabinet work, furniture, appliances or equipment; provided, such alterations do notaffect the structural safety ofthe building.

6746. Communications Industries' Employees' ExemptionPlans, specifications, reports and documents relating to communication lines

and equipment prepared by employees ofcommunications companies which comeunder the jurisdiction of the Public Utilities Commission, and by employees ofcontractors while engaged in work on communicationequipment for communicationscompanies which come under the jurisdiction ofthe Public Utilities Commission,are not subject to the provisions of this chapter.

6747. Manufacturing, Mining, Public Utility, Research andDevelopment Exemption

<a) This chapter, except for those provisions that apply to civil engineers andcivil engineering, shall not apply to the performance of engineering work by amanufacturing, mining, public utility, research and development, or other industrialcorporation or by employees ofthat corporation, provided that work is in connectionwith, or incidental to, the products, systems, or services of that corporation or itsaffiliates.

(b) For purposes of this section, "employees" also includes consultants,temporary employees, contract employees, and those persons hired pursuant tothird-party contracts.


6748. Nuclear Power Plant<a) Notwithstanding Section 6747, this chapter applies to engineering work

approved by a person employed by a privately or publicly owned utility in theplanning, designing, construction, operation, or maintenance ofa nuclear powerplantwhich is owned or operated by the utility.

(b) Any engineering work subject to subdivision <aJ shall be approved by aprofessional engineer registered in the applicable discipline ofengineering specifiedin Section 6732.


6749. Use of Written Contract to Provide Professional EngineeringServices

<a) A professional engineer shall use a written contract when contracting toprovide professional engineering services to a client pursuant to this chapter. Thewritten contract shall be executed by the professional engineer and the client, or hisor her representative, prior to the professional engineer commencing work, unless

21

the client knowingly states in writing that work may be commenced before thecontract is executed. The written contract shall iuclude, but not be limited to, all ofthe followiug:

(1) A description ofthe services to be provided to the clieut by the professionalengineer.

(2) A description ofany basis ofcompensation applicable to the contract, andthe method of payment agreed upon by the parties.

(3) The uame, address, and license or certificate number of the professionalengineer, and the name and address ofthe client.

(4) A description ofthe procedure that the professional engiueer and the clientwill use to accommodate additional services.

(5) A description of the procedure to be used by any party to terminate thecontract.

(b) This section shall not apply to any of the following:(I) Professional engineering services rendered by a professional engineer for

which the client will not pay compensation.(2) A professional engineer who has a current or prior contractual relationship

with the client to provide engineering services, and that client has paid theprofessional engiueer all of the fees that are due under the contract.

(3) If the client knowingly states in writing after full disclosure of this sectionthat a contract which complies with the requirements ofthis section is not required.

(4) Professional engiueering services rendered by a professional engineer toany ofthe following:

(A) A professional engiueer licensed or registered under this chapter.(B)A land surveyor licensed under Chapter IS (commenciug with Section 8700).(C)An architect licensed under Chapter 3 (commenciug with Section 5500).(D) A contractor licensed under Chapter 9 (commencing with Section 7000).(E) A geologist or a geophysicist licensed under Chapter 12.5 (commencing

with Section 7800).(F) A manufacturiug, miniug, public utility, research and development, or other

iudustrial corporation, ifthe services are provided in connection with or iucidentalto the products, systems, or services of that corporation or its affiliates.

(G) A public agency.(c) "Written contract" as used in this section includes a contract that is in

electronic form.[Added, Chapter 976, Statutes of 2000J

ARTICLE 4. REGISTRATION

6750. Application Procedure - Professional Engineer,Engineer-in-Training

An application for registration as a professional engineer or certification as anengineer-in-training shall be made to the board on the prescribed form, with all

22

statements made therein under oath, and shall be accompanied by the applicationfee prescribed by this chapter. An application for registration as a professionalengineer shall specify, additionally, the branch ofengineering in which the applicantdesires registration.

6751. Applicants' Qualifications· Professional Engineer(a) The applicant for certification as an engineer·in.training shall comply with

all ofthe following:(I) Not have committed acts or crimes constituting grounds for denial of

registration ,mder Section 480.(2) Successfully pass the first division ofthe examination. The applicant shall

be eligible to sit for the first division ofthe examination after satisfactory completionof three years or more of college or university education in a board·approvedengineering curriculum or after completion ofthree years or more ofboard·approvedexperience.

The board need not verify the applicant's eligibility other than to require theapplicant to sign a statement ofeligibility on the application form.

(b) The applicant for registration as a professional engineer shall comply withall ofthe following:

(I) Not have committed acts or crimes constituting grounds for denial ofregistration under Section 480.

(2) Furnish evidence ofsix years or more ofqualifying experience in engineeringwork satisfactory to the board evidencing that the applicant is competent to practicethe character of engineering in the branch for which he or she is applying forregistration, and successfully pass the second division of the examination.

(3) The applicant for the second division ofthe examination shall successfullypass the first division exantination or shall be exempt therefrom. .


6751.2. Foreign Professional Experience, EducationThe board may consider the professional experience and education acquired

by applicants outside the United States which in the opinion of the board isequivalent to the minimum requirements ofthe board established by regulation forprofessional experience and education in this state.

6751.5. Board Authority· Establishment of Curricula ApprovalCriteria

The board shall by rule establish the criteria to be used for approving curriculaof schools ofengineering.

6752. Applicants' Qualification· Civil EngineerAn applicant for registration as a civil engineer must have gained his experience

under the direction ofa civil engineer legally qualified to practice.

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6753. Experience as Requirement Equivalency· TeachingExperience

With respectto applicants for registration as professional engineers, the board:(a) Shall give credit as qualifYing experience offouryears, for graduation with

an engineering degree from a college or university the curriculum ofwhich has beenapproved by the board.

(b) May at its discretion give credit as qualifYing experience up to a maximumof two years, for graduation with an engineering degree from a nonapprovedengineering curriculum or graduation with an engineering technology degree in anapproved engineering technology curriculum.

(c) May at its discretion give credit as qualifYing experience ofup to one-halfyear, for each year ofsuccessfully completed postsecondary study in an engineeringcurriculum up to a maximum offour years credit. A year ofstudy shall be at least 32semester units or 48 quarter units.

(d) May at its discretion give credit as qualifYing experience not in excess ofone year, for a postgraduate degree in a school ofengineering with a board-approvedpostgraduate curriculum.

(e) May at its discretion give credit as qualifYing experience for engineeringteaching, not in excess ofone year, ifofa character satisfactory to the board.

The sum of qualifYing experience credit for subdivision (a) to (e), inclusive,shall not exceed five years.


6753.5. Credit for Armed Forces ExperienceAll applicants shall be given equal credit for engineering experience in the

armed forces ofUnited States as with any other comparable engineering experience.

6754. Examinations· Procedure· Board AuthorityExamination for registration shall be held at such times and places as the board

shall determine.The second division of the examination for all branches specified in Section

6732 shall be administered at least once each year.Work ofthe board relating to examination and registration may be divided into

committees as the board shall direct. The scope of examinationsand the methods of procedure may be prescribed by board rule.


6755. Examination Divisions· Waiver(a) Examination duration and composition shall be designed to conform to the

following general principle: The first division of the examination shall test theapplicant's knowledge ofappropriate ftmdamental engineering subjects, includingmathematics and the basic sciences; the second division of the examination shalltest the applicant's ability to apply his or her knowledge and experience and toassume responsible charge in the professional practice ofthe branch ofengineeringin which the applicant is being examined.

24

(b) The applicant for the second division of the examination shall havesuccessfully passed the first division examination or shall be exempt therefrom.

(c) The board may by rule provide for a waiver of the first division of theexamination for applicants whose education and experience qualificationssubstantially exceed the requirements ofSection 675 I.

(d) The board may by rule provide for a waiver of the second division of theexamination for persons eminently qualified for registration in this stale by virtue oftheir standing in the engineering community, their years ofexperience, and thoseother qualifications as the board deems appropriate.


6755.1. Second Division Examination Requirements(a)The second division of the examination for registration as a professional

engineer shall include questions to test the applicant's knowledge ofstate laws andthe board's rules and regulations regulating the practice ofprofessional engineering.The board shall prepare and distribute to applicants for the second division oftheexamination, a plain language pamphlet describing the provisions of this chapterand the board's rules and regulations regulating the practice of professionalengineering in this state. The board shall administer the test on state laws andboard rules regulating the practice ofengineering in this state as a separate part ofthe second division of the examination for registration as a professional engineer.

(b)On and after April I, 1988, the second division of the examination forregistration as a civil engineer shall also include questions to test the applicant'sknowledge ofseismic principles and engineering surveying principles as defined inSection 673 I. I. No registration for a civil engineer shall be issued by the board onor after January I, 1988, to any applicant unless he or she has successfully completedquestions to test his or her knowledge of seismic principles and engineeringsurveying principles.

The board shall administer the questions to test the applicant's knowledge ofseismic principles and engineering surveying principles as a separate part of thesecond division ofthe examination for registration as a civil engineer.

It is the intent of the Legislature that this section confirm the authority of theboard to issue registrations prior toApril 1, 1988, to applicants based on examinationsnot testing the applicant's knowledge of seismic principles and engineeringsurveying principles as defined in Section 673 I.1.


6755.2. [Repealed, Chapter 1006, Statutes of 20001

6756. Certification as Engineer-in-Training(a) An applicant for certification as an engineer-in-training shall, upon making

a passing grade in that division of the examination prescribed in Section 6755,relating to fundamental engineering subjects, be issued a certificate as an engineerin-training. Arenewal or other fee, other than the application fee, may not be charged

25

for this certification. The certificate shall become invalid when the holder hasqualified as a professional engineer as provided in Section 6762.

(b) An engineer-in-training certificate does not authorize the holder thereoftopractice or offer to practice civil, electrical or mechanical engineering work, in his orher own right, or to use the titles specified in Section 6732, 6736 and 6736.1.

(c) It is unlawfUlfor anyone other than the holder ofa valid englneer-Intraining certificate Issued under this chapter to use the title of "engineer-intraining" or any abbreviation ofthat title.

[Amended. Chapter 607, Statutes of 2003j

6757. Separate Application for Each Branch of EngineeringApplicants who profess to be qualified in more than one branch ofengineering

shall be required to file an application for each branch in which they wish to beregistered.

6758. Failure to Pass - Re-ExaminationAn applicant failing in an examination may be examined again upon filing anew

application and the payment ofthe application fee fixed by this chapter.

6759. Application by Out-of-State RegistrantS - Second DivisionExaminations

The board, upon application therefor, on its prescribed form, and the paymentofthe application fee fixed by this chapter, may issue a certificate ofregistration asa professional engineer, without written examination, to any person holding acertificate of registration issued to him Or her by any state or country when theapplicant's qualifications meet the requirements ofthis chapter, and rules establishedby the board. The board shall not require a comity applicant to meet any requirementnot required ofCaliforniaapplicants. For purposes ofthis section, equivalent seconddivision examinations shall be eight-hour written examinations prepared by oradministered by a state or territol)' either by single or combined branch at the levelgenerally administered by the board to persons who passed or were exempted fromthe first division examination. Applicants who have passed an equivalent seconddivision combined branch or a single branch examination in a branch not recognizedforregistration in Californiashall be registered in the branch in which their experienceand education indicate the closest relationship.


6760. Temporary Authorization to PracticeA temporary authorization to practice engineering in a branch defined by this

chapter may be granted, for a specific project, upon application and payment ofthefee prescribed in Section 6799, for a period not to exceed 180 consecutive days ifthe applicant complies with all ofthe following:

(a) The applicant maintains no place of business in this state.(b) The applicant is legally qualified to practice the branch ofengineering, in

which he or she is seeking the temporary authorization in the state or country where

26

he or she maintains a place of business.(c) (l )The applicant, ifapplying for a temporary authorization to practice civil

engineering, demonstrates by means ofan individual appearance before the boardsatisfactory evidence ofhis or her knowledge ofthe application ofseismic forces inthe design ofstructures or adequate knowledge in any ofthe other phases ofcivilengineering, as related to the specific project for which the temporary authorizationis requested. (2) The applicant, ifapplying for a temporary authorization to practiceengineering in a branch defined by this chapter other than civil engineering,demonstrates by means ofan individual appearance before the board, satisfactoryevidence of his or her knowledge in the branch of professional engineering inwhich the applicant proposes to practice under the temporary authorization asrelated to the specific project for which the temporary authorization is requested.

(d) The applicant takes and passes the examination in the state laws and boardrules described in Section 6755.1.

(e) The applicant notifies the board in writing ofhis or her intention to practice,stating the approximate date he or she intends to commence the specific project andthe approximate duration of the specific project, which shall not exceed 180consecutive days from the commencement date ofthe specific project.Upon completion ofthe requirements, the executive officer, on the direction oftheboard, shall issue a temporary authorization to the applicant.


6761. Applicants' Qualifications· Determination by BoardIn determining the qualifications ofan applicant for registration, a majority vote

of the board is required.

6762. Certification of RegistrationAny applicant who has passed the second division examination and has

otherwise qualified hereunder as a professional engineer, shall have a certificate ofregistration issued to him or her as a professional engineer in the particular branchfor which he or she is found qualified.


6762.5 Retired Licenses(a) The Board shall issue, upon application and payment ofthe fee established

by Section 6799, a retired license (registration), to an engineer who has been licensedby the board for a minimum of5 years within California and a minimum of20 yearswithin the United State or terriotory ofthe United States, and who holds a licensethat is not suspended, revoked, or othenvise disciplined, or subject to pendingdiscipline under this chapter.

(b) The holder of a retired license issued pursuant to this section shall notengage in any activity for which an active engineer's license is required. An engineerholding a retired license shall be permitted to use the titles "retired professionalengineer," "professional engineer, retired," or either ofthose titles with the licensee'sbranch designation inserted for the word "professional" for example, "retired civil

27

engineer" or Hcivil engineer, retired."(c) The holder ofa retired license shall not be required to renew that license.(d) In order for the holder ofa retired license issued pursuant to this section to

restore his or her license to active status, he or she shall pass the second divisionexamination that is required for initial licensure with the board.

[Added Chapter 983, Statutes of 1999J

6763, Use of Title Structural Engineer, Soil Engineer,Geotechnical Engineer· Application for Use

Application for authority to use the title structural engineer, soil engineer, soilsengineer, or geotechnical engineer shall be made to the board on forms prescribedby it and shall be accompanied by the application fee fixed by this chapter.

An applicant for authority to use the title structural engineer, soil engineer,soils engineer, or geotechnical engineer who has passed the examination prescribedby the board, or an applicant for authority to use the title soil engineer, soils engineer,or geotechnical engineer whose application is submitted prior to July I, 1986, andwho has otherwise demonstrated that he or she is qUalified, shall have a certificateofauthority issued to hinD or her.

For purposes of this chapter, an authority to use the title structural engineer,soil engineer, soils engineer, or geotechnical engineer is an identification ofcompetence and specialization in a subspecialty ofcivil engineering and necessitateseducation or experience in addition to that required for registration as a civil engineer.


6763,1. Structural Engineer Examination RequirementAn applicant to use the title "structural engineer" shall have successfully passed

a written examination that incorporates a national examination for structuralengineering by a nationally recognized entity approved by the board, if available,and a supplemental California specific examination. The California specificexamination shall test the applicant's Imowledge ofstate laws, rules, and regulations,and of seismicity and structural engineering unique to practice in this state. Theboard shall use the national examination on or before December 31, 2004.


6763.5. Refund of Application Fee· Lack of QualificationsIf an applicant for registration as a professional engineer or certification as an

engineer-in-training, or for authorization to use the title structural engineer or soilengineer, is found by the board to lack the qualifications required for admission tothe examination for such registration, certification, or authorization, the board may,in accordance with the provisions ofSection 158 ofthis code, refund to him or herone-halfofthe amount ofhis or her application fee.

6764, Seal or Stamp of RegistrantEach professional engineerregistered under this chapter shall, upon registration,

obtain a seal or stamp ofa design authorized by the board bearing the registrant's

28

name, munber ofhis or her certificate or authority, the legend professional engineerand the designation of the particular branch or authority in which he or she isregistered, and may bear the expiration date ofthe certificate or authority.

(Amended, Chapter 1134, Statutes of 1985]

6765. Duplicate CertificateA duplicate certificate ofregistratiou to replace one lost, destroyed, or mutilated

may be issued subject to the rules and regulations of the board. The duplicatecertificate fee fixed by this chapter shall be charged.

6766. Certificate as Evidence of Lawful RegistrationAn unsuspended, unrevoked and unexpired certificate and endorsement of

registry made under this chapter, is presumptive evidence in all courts and placesthat the person named therein is legally registered.


6775. Investigation of Complaints· Suspension, RevocationThe Board may receive and investigate complaints against registered

professional engineers, and make findings thereon.By a majority vote, the board may reprove, suspend for a period not to exceed

two years, or revoke the certificate ofany professional engineer registered underthis chapter:

(a) Who has been convicted ofa crime substantially related to the qualifications,functions and duties ofa registered professional engineer, in which case the certifiedrecord of conviction shall be conclusive evidence thereof.

(b) Who has been found guilty by the board ofany deceit, misrepresentation,or fraud in his or her practice.

(c) Who has been found guilty by the board ofnegligence or incompetence inhis or her practice.

(d) Who has been found guilty by the board ofany breach or violation ofacontract to provide professional engineering services.

(e) Who has been found guilty ofany fraud or deceit in obtaining his or hercertificate.

(f) Who aids or abets any person in the violation of any provision of thischapter.

(g) Who in the course of the practice of professional engineering has beenfound guilty by the board ofhaving violated a rule or regulation ofunprofessional conduct adopted by the board.

(h) Who violates any provision ofthis chapter.[Amended, Chapter 976, Statutes of 2000]

29

6775.1. Disciplinary Actions Against Engineers-in-TrainingThe board may receive and investigate complaints againstengineers-in-training, and make findings thereon

By a majority vote, the board may revoke the certificate of any engineer-intraining:

(a) Who has been convicted ofa crime as defined in subdivision (a) ofSection480.

(b) Who has been found guilty of any fraud, deceit, or misrepresentation inobtaining his or her engineer-in-training certificate or certificate of registration,certification, or authority as a professional engineer.

(c) Who aids or abets any person in the violation of any provision of thischapter.

(d) Who violates Section 119 with respect to an engineer-in-training certificateor conunits any act described in Section 6787.

(e) Who violates any provision of this chapter.[Added, Chapter J006, Statutes of 2000]

6776. Board Authority - ProceedingsThe proceedings under this article shall be conducted in accordance with

Chapter4 (conunencing with Section 11370), Chapter4.5 (conunencing with Section11400), and Chapter 5 (conunencing with Section 11500)ofPart I ofDivision 3 ofTitle 2 of the Government Code, and the board shall have all the powers grantedtherein.


6777. Reissuance of Revoked CertificateThe board may reissue a certificate ofregistration, certification, or authority, to

any person whose certificate has been revoked if a majority ofthe members oftheboard vote in favor ofsuch reissuance for reasons the board deems sufficient.

6779. Conviction - Effect on CertificationA plea or verdict ofguilty or a conviction following a plea ofnolo contendere

made to a charge substantially related to the qualifications, functions and duties ofa registered professional engineer is deemed to be a conviction within the meaningof this article. The board may order the certificate suspended or revoked, or maydecline to issue a certificate, when the time for appeal has elapsed, or the judgmentofconviction has been affirmed on appeal or when an order granting probation ismade suspending the imposition of sentence, irrespective of a subsequent orderunder the provisions ofSection 1203.4 ofthe Penal Code allowing such person towithdraw his plea of guilty and to enter a plea of not guilty, or setting aside theverdict ofguilty, or dismissing the accusation, information or indictment.

30


6785. Board Authority -InvestigationsThe board shall have the power, duty, and authority to investigate violations of

the provisions of this chapter.

6786. Duty to ProsecuteIt is the duty of the respective members of the legal system to prosecute all

persous charged with the violation ofany of the provisions of this chapter.It is the duty of the executive officer of the board, under the direction of the

board, to aid these officers in the enforcement ofthis chapter.

6787. Misdemeanors - PenaltiesEvery person is guilty ofa misdemeanor:(a) Who, unless he or she is exempt from registration under this chapter,

practices or offers to practice civil, electrical, or mechanical engineering in this stateaccording to the provisions ofthis chapter without legal authorization.

(b) Who presents or attempts to file as his or her own the certificate ofregistration of a licensed professional engineer unless he or she is the personnamed on the certificate ofregistration.

(c) Who gives false evidence of any kind to the board, or to any memberthereof, in obtaining a certificate ofregistration.

(d) Who impersonates or uses the seal of a licensed professional engineer.(e) Who uses an expired, suspended, or revoked certificate issued by the

board.(I) Who represents himself or herself as, or uses the title of, registered civil,

electrical, or mechanical engineer, or any other title whereby that person could beconsidered as practicing or offering to practice civil, electrical, or mechanicalengineering in any ofits branches, unless he or she is correspondingly qualified byregistration as a civil, electrical, or mechanical engineer under this chapter.

(g) Who, unless appropriately registered, manages, or conducts as manager,proprietor, or agent, any place ofbusiness from which civil, electrical, or mechanicalengineering work is solicited, performed, or practiced, except as authorized pursuantto subdivision (d) ofSection 6738 and Section 8726.1.

(b) Who uses the title, or any combination ofthat title, of"professional engineer,""licensed engineer," "registered engineer," or the branch titles specified in Section6732, or the authority titles specified in Section 6736 and 6736.1, or "engineer-intraining", or who makes use ofany abbreviation ofthat title that might lead to the beliefthat he or she is a registered engineer or holds a certificate as an engineer-in-training,without being registered or certified as required by this chapter.

(i) Who uses the title "consulting engineer" without being registered as requiredby this chapter or without being authorized to use that title pursuant to legislationenacted at the 1963, 1965 or 1968 Regular Session.

31

GJ Who violates any provision of this chapter.[Amended, Chapter lOB, Statutes of 2002J

6788. Services for Repair of Damage Caused by Natural DisasterDeclared State of Emergency· Violation of Provisions·Penalties

Any person who violates any provision ofsubdivisions (a) to (i), inclusive, ofSection 6787 in connection with the offer or perfonnance ofengineering servicesfor the repair of damage to a residential or nonresidential structure caused by adisaster for which a state ofemergency is proclaimed by the Governor pursuant toSection 8625 ofthe Government Code, or for which an emergency or major disasteris declared by the President of the United States, shall be punished by a fine up toten thousand dollars ($10,000), or by imprisonment in the state prison for 16 months,or for two or three years, or by both the fine and imprisonment, or by a fine up to onethousand dollars ($1,000), or by imprisonment in the countyjail not exceeding oneyear, or by both the fine and imprisonment.


ARTICLE 7. REVENUE

6795. Certificate Renewal· Unexpired CertificateCertificates ofregistration as a professional engineer, and certificates ofauthority,

shall be valid for a period oftwo years from the assigned date ofrenewal. Biennialrenewals shall be staggered on a monthly basis. To renew an unexpired certificate,the certificate holder shall, on or before the date of expiration indicated on therenewal receipt, apply for renewal on a fonn prescribed by the board, and pay therenewal fee prescribed by this chapter.


6795.1. Notice of Pending Expiration· Second NoticeWithin 60 to 90 days prior to the expiration of a certificate of registration or

certificate of authority, the board shall mail to the registrant or authority holder anotice of the pending expiration. That notice shall include application fonns forrenewal. If there is no response by the expiration date, the board shall provide asecond notice to the registrant's or authority holder's address.


6796. Renewal· Expired CertificateExcept as otherwise provided in this article, certificates of registration as a

professional engineer, and certificates of authority may be renewed at any timewithin three years after expiration on filing of application for renewal on a fonnprescribed by the board and payment ofall accrued and unpaid renewal fees. Ifthecertificate is renewed more than 60 days after its expiration, the certificate holder, asa condition precedent to renewal, shall also pay the delinquency fee prescribed by

32

this chapter. Renewal WIder this section shall be effective on the date on which theapplication is filed, on the date on which the renewal fee is paid, or on the date onwhich the delinquency fee, if any, is paid, whichever last occurs.

The expiration date of a certificate renewed pursuant to this section shall bedetennined pursuant to Section 6795.

[Amended, Chapter 26, urgency eff. March 30, 1994, Statutes of 1994]

6796.1. Renewal· Suspended CertificateA suspended certificate is subject to expiration and shall be renewed as provided

in this article, but such renewal does not entitle the holder ofthe certificate, while itremains suspended and until it is reinstated, to engage in the activity to which thecertificate relates, or in any other activity or conduct in violation of the order orjudgment by which it was suspended.

6796.2 Reinstatement· Revoked CertificateA revoked certificate is subject to expiration as provided in this article, but it

may not be renewed. Ifit is reinstated after its expiration, the holder ofthe certificate,as a condition precedent to its reinstatement, shall pay a reinstatement fee in anamount equal to the renewal fee in effect on the last regular renewal date before thedate on which it is reinstated, plus the delinquency fee, ifany, accrued at the time ofits revocation.

6796.3. Failure to Renew Certificate within Time Limitation·Conditions for Reinstatement

Certificates ofregistration as a professional engineer, and certificates ofauthorityto use the title structural engineer, soil engineer, or consulting engineer which arenot renewed within three years after expiration may not be renewed, restored,reinstated, or reissued unless all the following apply:

(a) The registrant or certificate holder has not committed any acts or crimesconstituting grounds for denial ofregistration or ofa certificate under Section 480.

(b) The registrant or certificate holder takes and passes the examination whichwould be required ofhim or herifhe or she were then applying for the certificate forthe first time, or otherwise establishes to the satisfaction ofthe board that, with dueregard for the public interest, he or she is qualified to practice the branch ofengineeringin which he or she seeks renewal or reinstatement.

(c) The registrant or certificate holder pays all ofthe fees that would be requiredofhim or her ifhe or she were then applying for the certificate for the first time. Iftheregistrant or certificate holder has been practicing in this state with an expired ordelinquent license and receives a waiver from taking the examination as specified insubdivision (b) then he or she shall pay all accrued and unpaid renewal fees.

The board may, by regulation, provide for the waiver or refimd ofall or any partof the application fee in those cases in which a certificate is issued without anexamination pursuant to this section.

[Amended. Chapter 26, urgency eff. March 30, 1994, Chapter 1275, Statutes of 1994J

33

6796.5. Effect of Expired or Delinquent Certificate RenewalOnce an expired or delinquent certificate ofregistration or certificate ofauthority

is renewed, restored, reinstated, or reissued pursuantto Section 6796 or 6796.3, allthe following shall apply:

(a) The board shall continue to have full jurisdiction and authority over theregistrant or certificate holder as if the registration or authority had not expired orbecome delinquent.

(b) The work performed by the registrant or certificate holder during a periodofexpimtion or delinquency shall be deemed lawful and validly performed as topersons or entities other than the registrant or authority holder.

(c) The renewal, restoration, reinstatement, or reissuance of a registration orcertificate of authority shall not affect liability issues regarding work performedduring a period of expiration or delinquency, nor does the fact of performanceduring a period ofexpimtion on delinquency affect liability issues.


6797. Disposition of Money Received by Department· ProfessionalEngineer's and Land Surveyor's Fund

The department shall receive and account for all money derived from theoperation ofthis chapter and, at the end ofeach month, shall report such money tothe State Controller and shall pay it to the State Treasurer, who shall keep themoney in a separate ftmd known as the Professional Engineer's and Land Surveyor'sFund.

For accounting and record keeping purposes, the Professional Engineer's andLand Surveyor's Fund shall be deemed to be a single special ftmd, and shall beavailable for expenditure only for the purposes as are now or may hereafter beprovided by law.

The fees and civil penalties received under this chapter shall be deposited inthe Professional Engineer's and Land Surveyor's Fund. All moneys in the ftmd arehereby appropriated for the purposes of this chapter.

6798. RefundsThe board may make reftmds ofall fees in accordance with Section 158 ofthis

code.

6799. Fee ScheduleThe amount ofthe fees prescribed by this chapter shall be fixed by the board in

accordance with the following schedule:(a) The fee for filing each application for registration as a professional engineer

and each application for authority level designation at not more than four hundreddollars ($400), and for each application for certification as an engineer-in-training atnot more than one hundred dollars ($100).

(b) The temporary registration fee for a professional engineer at not more than25 percent of the application fee in effect on the date of application.

(c) The renewal fee for each branch of professional engineering in which

34

registration is held, and the renewal fee for each authority level designation held, atno more than the professional engineer application fee currently in effect.

(d) The fee for a retired license at not more than 50 percent ofthe professionalengineer application fee in effect on the date ofapplication.

(e) The delinquency fee at not more than 50 percent ofthe renewel fee in effecton the date of reinstatement.

(f) The board shall establish by regulation an appeal fee for examination. Theregulation shall include provisions for an applicant to be reimbursed the appeal feeif the appeal results in passage ofexamination. The fee charged shall be no morethan the costs incurred by the board.

(g) All other document fees are to be set by the board by rule.Applicants wishing to be examined in more than one branch ofengineering shall berequired to pay the additional fee for each examination after the first.


35

PROFESSIONAL LANDSURVEYORS ACT

CHAPTER 15. LAND SURVEYORS


8700. Professional Land Surveyors Act.This chapter may be cited as the Professional Land Surveyors' Act. Whenever

reference is made to the Land Surveyors' Act by any statute, it shall be construedas refening to the Professional Land Surveyors' Act.


8701. Professional Land Surveyor.Professional land surveyor refers to one who practices or offers to practice land

surveying. Whenever reference is made to a land surveyor by any statute, it shallbe construed as referring to a professional land surveyor.


8702. Director.Director refers to the Director ofConsumerAffairs.

8703. Responsible Charge of Work.The phrase responsible charge of work means the independent conltol and

direction, by the use of initiative, skill, and independent judgement, of theobservations, measurements, and descriptions involved in land surveying work.The phrase does not refer to the concept offinancial liability.


8704. Practice of Land Surveying.Any person practices land surveying when he professes to be a land surveyor

or is in responsible charge ofland surveying work.

8705. Subordinate.A subordinate is any person directly supervised by a licensed land surveyor or

registered civil engineer and who assists a licensed land surveyor or registered civilengineer in the practice ofland surveying without assuming responsible charge ofwork.

8706. Board.Board refers to the Board for Professional Engineers and Land Surveyors.


36

8707. Executive Officer.Executive officer refers to the executive officer ofthe board.

8708. License Required.In order to safeguard property and public welfare, no person shall practice land

surveying unless appropriately licensed or specifically exempted from licensureunder this chapter, and only persons licensed under this chapter shall be entitled totake and use the titles l'licensed land surveyor," "professional land surveyor," or"land surveyor," or any combination of these words, phrases, or abbreviationsthereof.



8710. Board Administrative Power.(a) The Board for Professional Engineers and Land Surveyors is vested with

power to administer the provisions and requirements ofthis chapter, and may makeand enforce rules and regulations that are reasonably necessary to carry out itsprovisions.

(b) The board may adopt rules and regulations ofprofessional conduct that arenot inconsistent with state and federal law. The rules and regulations may includedefinitions of incompetence and negligence. Every person who holds a license orcertificate issued by the board pursuant to this chapter, or a license or certificateissued to a civil engineer pursuant to Chapter 7 (commencing with Section 6700),shall be governed by these rules and regulations.

(c) This section shall become inoperative on July 1,2005, and, as ofJanuary I,2006, is repealed, unless a later enacted statute, which becomes effective on orbefore January I, 2006, deletes or extends the dates on which it becomes inoperativeand is repealed. The repeal of this section shall render the board subject to thereview required by Division 1.2 (commencing with Section 473).


8710.1 Protection of the Public.Protection ofthepublic shall be the highestpriorityfor the Boardfor ProfessionalEngineers and Land Surveyors in exercising its licensing, regulatory, anddisciplinary functions. Whenever protection of the public is inconsistent withother interests sought to be promoted, the protection of the public shall beparamount.


8711. Records ofApplications.The executive officerofthe board shall keep a complete record ofall applications

for license and the board's action thereon.

37

8712. Annual Roster; Public Character of Records.The executive officer shall prepare, once every two years, a roster containing

the names and addresses of all licensed land surveyors, and the names andaddresses of the holders of delinquent licenses. The roster shall be a part of theroster of registered professional engineers issued by the board.

A copy ofthe roster shall be filed with the Secretary ofState.Copies ofthe roster shall be available to the general public.The roster shall be a public record.

[Amended, Chapter 26, Urgency eff. March 30, 1994, Statutes of 1994]

8713. Clerical Assistants.The department may employ such clerical assistance under civil service

regulations as may be necessary properly to carry out and enforce the provisionsof this chapter.

8715. Technical Advisory Committees.The board may establish licensed land surveyor technical advisory committees

to advise and assist the board with respect to the following:(1) The review and verification ofapplications for licensure.(2) The evaluation and investigation ofpotential violations of this chapter.(3) The amendment, repeal, adoption, or revision of board rules, regulations,

policies, or procedures.[Amended, Chapter 229, Statutes of 1986J

8715.1. Committee Appointments; Composition of Committee.Each member ofeach technical advisory committee shall be appointed by the

board and shall serve at the pleasure ofthe board. Each committee shall be composedofno more than five members.


8715.2, License Requirements of Committee Members,Each member ofeach technical advisory committee shall be licensed under this

chapter.[Amended, Chapter 229, Statutes of 1986]

8715.3. Committee Per Diem and Expenses.All members of each technical advisory committee shall serve without

compensation but shall receive per diem and expenses as provided in Section 103.[Amended, Chapter 229. Statutes of 1986]

8715.4. Committee Immunity.Each member ofeach technical advisory conunittee shall be granted the same

inarnunity as is granted to a public employee pursuant toArticle 3 (commencing withSection 820) ofChapter I ofPart 2 ofDivision 3.6 ofTitle I ofthe Government Code.


38

ARTICLE 2.3. LAND SURVEYORS REVIEWCOMMITTEES

8720. Review Committees.The board, when it deems necessary, may establish land surveyors review

committees to hear all matters assigned by the board, including, but not limited to,any contested case which is assigned by the board. Each committee shall exist solong as the board deems that it is necessary.

8720.1. Review Committees· Members.Each review committee shall consist of no fewer than three licensed land

surveyors appointed by the board. Each member ofa committee shall have the samequalifications and shall be subject to the same rules and regulations as ifhe were amember ofthe board.

8720.2. Committee Members; Per Diem and Expenses.Each member ofa committee shall receive a per diem and expenses as provided

in Section 103.

8720.3. Conduct of Hearings; Presence of Hearing Officer.Except as otherwise provided in this article, all hearings which are conducted

by a committee shall be conducted in accordance with the provisions ofChapter 4(commencing with Section 11370), Chapter 4.5 (commencing with Section 11400) andChapter5 (commencing with Section 11500),Part I, Division 3,Title 2 ofthe GovernmentCode.

Ifa contested case is heard by a committee, the hearing officer who presided atthe hearing shall be present during the committee's consideration of the case and,if requested, shall assist and advise the committee.


8720.4. Committee Proposed Decisions; Decision to Board.At the conclusion of any hearing which is conducted by a committee, the

committee shall prepare a proposed decision, in such form that it may be adoptedby the board as the decision in the case, and shall transmit it to the board. Theproposed decision shall be subject to the same procedure as the proposed decisionofa hearing officer under subdivision (b) and (c) ofSection 11517 ofthe GovemmentCode.

8720.5. Rules and Regulations.The board may adop~ amend, or repeal, in accordance with the provisions of

Chapter3.5 (commencingwith Section 11340),Part 1, Division3, Title 2 ofthe GovernmentCode, rules and regulations necessary to implement the provisions ofthis article.


39

8720.6. Committee Members Immunity.Each member ofa land surveyors review committee or other board-appointed

committee and any board-appoioted representative of the board shall be grantedthe same immunity as is granted to a public employee pursuant to Article 3(commencing with Section 820) ofChapter 1ofPart 2 ofDivision 3.6 ofTitle I oftheGovernment Code.

{Added, Chapter 229, Statutes of 1986J

ARTICLE 3. APPLICATION OF THE CHAPTER

8725. Necessity of License.Any person practicing. or offering to practice, land surveying in this State shall

submit evidence that he or she is qualified to practice and shall be licensed underthis chapter.

It is unlawful for any person to practice, offer to practice, or represent himselforherself, as a land surveyor in this state, or to set, reset, replace, or remove anysurvey monument on land io which he or she has no legal interest, unless he or shehas been licensed or specifically exempted from licensing under this chapter.


8726. Land Surveying Defined.A person, including any person employed by the state or by a city, county, or

city and county withio the state, practices land surveying within the meaning ofthis chapter who, either in a public or private capacity, does or offers to do anyoneor more ofthe following:

(a) Locates, relocates, establishes, reestablishes, or retraces the aligrunent orelevation for any ofthe fixed works embraced within the practice ofcivil engineering,as described in Section 6731.

(b) Detennines the configuration or contourofthe earth's stUface, or the positionoffixed objects thereon or related thereto, by means ofmeasuring lines and angles,and applying the principles ofmathematics or photograrnmetry.

(c) Locates, relocates, establishes, reestablishes, or retraces any property lineor boundary of any parcel of land, right-of-way, easement, or aligrunent of thoselines or boundaries.

(d) Makes any survey for the subdivision or resubdivision ofany tract ofland.For the purposes ofthis subdivision, the term subdivision or resubdivision shall bedefined to include, but not limited to, the definition in the Subdivision Map Act(Division 2 (commencing with Section 66410) ofTitle 7 ofthe Government Code) orthe Subdivided Lands Law (Chapter I (commenciog with Section 11000) ofPart 2 ofDivision 4 ofthis code).

(e) By the use of the principles ofland surveying determines the position forany monument or reference point which marks a property line, boundary or comer,or sets, resets, or replaces any monument or reference point.

40

(f) Geodetic or cadastral surveying. As used in this chapter, geodetic surveyingmeans performing surveys, in which aCCOWlt is taken of the figure and size of theearth to determine or predetermine the horizontal or vertical positions of points,monuments, or stations for use in the practice ofland surveying or for stating theposition ofgeodetic control points, monuments, or stations by California CoordinateSystem coordinates.

(g) Determines the information shown or to be shown on any map or documentprepared or furnished in connection with anyone or more ofthe functions describedin subdivisions (a), (b), (c), (d), (e), and (f).

(h) Indicates, in any capacity or in any manner, by the use of the title landsurveyor or by any other title or by any other representation that he or she practicesor offers to practice land surveying in any of its branches.

(i) Procures or offers to procure land surveying work for himself, herself, orothers.

ti) Manages, or conducts as manager, proprietor, or agent, any place ofbusinessfrom which land surveying work is solicited, performed, or practiced.

(k) Coordinates the work of professional, technical, or special consultants inconnection with the activities authorized by this chapter.

(I) Determines the information shown or to be shown within the description ofany deed, trust deed, or other title document prepared for the purpose ofdescribingthe limit of real property in connection with anyone or more of the functionsdescribed in subdivisions (a) to (t), inclusive.

(m) Creates, prepares, or modifies electronic or computerized data in theperformance ofthe activities described in subdivisions (a), (b), (c), (d), (e), (t), (k)and (I).

Any department or agency of the state or any city, COWlty, or city and COWltywhich has an unregistered person in responsible charge ofland surveying work onJanuary 1, 1986, shall be exempt from the requirement that the person be licensed asa land surveyor Wltil the person currently in responsible charge is replaced.

The review, approval, or examination by a governmental entity of documentsprepared or performed pursuant to this section shall be done by, or WIder the directsupervision of, a person authorized to practice land surveying.

[Amended, Chapter 579, Urgency eff. Oct. 4, 1995, operative Jan. I, 1996]

8726.1. Licensed Land Surveyor; Incidental Civil Engineering Work;Restrictions.

Any licensed land surveyor may offer to practice. procure, and offer to procurecivil engineering work incidental to his or her land surveying practice, even thoughhe or she is not authorized to perform such work, provided all such civil engineeringwork is performed by or WIder the direction ofa registered civil engineer. Further,any licensed land surveyor may manage or conduct as manager, proprietor, oragent, a land surveying practice which offers to practice, procure, and offers toprocure, such incidental civil engineering work.

41

8726.2. Authority to Perform Land Planning.A licensed land surveyor may also perform land planning in cormection with

the land surveying activities authorized by this chapter.[Added. Chapter 817. Statutes of 1988J

8727. Geologic or Landscape Surveys Excluded.Surveys made exclusively for geological or landscaping purposes, which do

not involve the determination of any property line do not constitute surveyingwithin the meaning ofthis chapter.

8728. Restriction on Design.Surveys authorized under this chapter do not include the design, either in

whole or in part, ofany structure or fixed works embraced within the practice ofcivilengineering.

8729. Land Surveying Business, Business Title.(a) This chapter does not prohibit one or more licensed land surveyors or civil

engineers registered in this state prior to 1982 (hereinafter called civil engineers)from practicing or offering to practice within the scope of their licensure, landsurveying as a sole proprietorship, partnership, firm, or corporation (hereinaftercalled business) if the following conditions are satisfied:

(I) A land surveyor or civil engineer currently licensed in the state is an owner,part owner, or officer in charge ofthe land surveying practice ofthe business.

(2) All maps, plats, reports, descriptions, or other documents are preparedunder the responsible charge ofa land surveyor or civil engineer.

(3) The business name ofa California business shall only contain the name ofa person licensed by the board as a land surveyor or registered by the boardin anyyear as a civil engineer. Any offer, promotion, or advertisement by the businesswhich contains the name ofany individual in the business, other than by use ofthename ofthe individual in the business name, shall clearly and specifically designatethe license or registration discipline ofeach individual named.

(b) An out-of-state business with a branch office in this state shall meet therequirements of subdivision (a) and shall have a part owner or officer who is incharge of the land surveying work in this state, who is licensed in this state, andwho is physically present at the branch office in this state on a regular basis.However, the name ofthe business may contain the name ofa person not licensedin this state, if that person is appropriately licensed in another state. Any offer,promotion, or advertisement which contains the name of any individual in thebusiness, other than by use of the name of the individual in the business name,shall clearly and specifically designate the license or registration discipline ofeachindividual named.

(c) A fictitious name may be used for a land surveying business if(I) the namedoes not conflict with the provisions ofparagraph (3) of subdivision (a) requiringthat a name used in the business name shall be that of an appropriately licensedindividual, and (2) an organization record is filed with the board.

42

(d) A nonregistered person may also be a part owner or an officer of a landsurveying business if the conditions of subdivision (a) are satisfied.

(e) This chapter does not prevent an individual or business engaged in anyline of endeavor, other than the practice of land surveying, from employing orcontracting with a licensed land surveyor or a registered civil engineer to perfonnthe respective land surveying services incidental to the conduct of business.

(I) This section shall not prevent the use ofthe name ofany business engagedin rendering land surveying services, including the use by any lawful successor orsurvivor, which lawfully was in existence on June 1, 1941. However, the business issubject to the provisions of paragraphs (1) and (2) of subdivision (a) and thebusiness shall file an organization record fonn with the board as designated byboard rule.

(g) A business engaged in rendering land surveying services may use in itsname the name of a deceased or retired person if the following conditions aresatisfied:

(1) The person's name had been used in the name of the business, or apredecessor in interest of the business, prior to the death or retirement of theperson.

(2) The person shall hsve been an owner, part owner, or officer ofthe business,or an owner, part owner, or officer ofthe predecessor in interest of the business.

(3) The person shall have been licensed as a land surveyor or a civil engineerby the board, if operating a place of business or practice in this state, or by anapplicable state board in the event no place of business existed in this state.

(4) The person, if retired, has consented to the use of the name and does notpennit the use of the name in the title of another land surveying business in thisstate during the period of that consent, except that a retired person. may use his orher name as the name of a new or purchased business, if that business is notidentical in every respect to that person's name as used in the fonner business.

(5) The business shall be subject to paragraphs (1) and (2) of subdivision (a).(6) The business files a current organization record fonn with the board.(h) This section does not affect Sections 6731.2 and 8726.1.


8730. License Requirement Exemptions.The following persons are not required to be licensed under this chapter:(a) Officers and employees of the United States ofAmerica, practicing solely

as those officers or employees, except when surveying the exterior boundaries offederal lands in this state.

(b) Insofar as he or she acts in the following capacity:(1) Any state, county, city, city and county, or district employee directly

responsible to a licensed land surveyor or registered civil engineer.(2) Any subordinate to a land surveyor or civil engineer licensed or registered

as required by the laws of this state insofar as he or she acts as a subordinate.(c) Any officer or employee of an electric, gas, or telephone corporation, as

43

defined in Sections 218, 222, and 234, respectively, ofthe Public Utilities Code, withannual revenues oftwenty-five million dollars ($25,000,000) or more, whenever heor she prepares a legal description ofan easement for utility distribution lines andservice facilities, provided the following conditions are met:

(I) Each description identifies the corporation that prepared the descriptionand states that it was prepared pursuant to this exemption.

(2)Each corporation has in its employ, or on contract, an individual authorizedto practice land surveying who shall be responsible for establishing criteria fordetermining the qualifications of technical specialists preparing those legaldescriptions, specifYing the format and information to be shown on maps ordocuments containing those descriptions, and capable of answering questionsregarding the preparation of those descriptions.

(d)Any state, county, city, or city and county public saftey employeeinvestigating any crime or infraction for the purpose ofdetermining orprosecutinga crime or infraction. This exemption shall not permit a public safley employee tooffer or perform land surveying as defined in Section 8726 for any purpose otherthan determining or prosecuting a crime or infraction.


8731. Civil Engineers Exemption; Examination Requirements forthose Registered After January 1, 1982.

A registered civil engineer and a civil engineer exempt from registration underChapter 7 (commencing with Section 6700) ofDivision ill are exempt from licensingunder this jiliapter and may engage in the practice ofland surveying with the samerights and privileges, and the same duties and responsibilities of a licensed landsurveyor, provided that for civil engineers who become registered after January I,1982, they shall pass the second division examination provided for in Section 8741and obtain a land surveyor's license, before practicing land surveying as defined inthis chapter.


ARTICLE 4. ISSUANCE OF LICENSE

8740. Application; Fee.An application for each division of the examination for a license as a land

surveyor shall be made to the board on the form prescribed by it, with all statementstherein made under oath, and shall be accompanied by the application fee fixed bythis chapter.

8741. Divisions of Examination; Abilities Tested; ApplicationRequirements.

(a) The first division ofthe examination shall test the applicant's ftmdamentalknowledge ofsurveying, mathematics, and basic science. The board shall prescribe

44

by regulation reasonable educational or experience requirements including 2 yearsof postsecondary education in land surveying, two years of experience in landsurveying, or a combination ofone year ofpostsecondary education and one yearofexperience in land surveying for admission to the first division ofthe examination.Applicants who have passed the engineer-in-training examination, or who holdprofessional engineerregistration, are exempt from this division ofthe examination.

The second division of the examination shall test the applicant's ability toapply his or her knowledge and experience and to assume responsible charge inprofessional practice of land surveying.

(b) The applicant for the second division examination shall have successfullypassed the first division examination, or shall be exempt therefrom. The applicantshall be thoroughly familiar with (l) the procedure and rules governing the surveyof public lands as set forth in "Manual of Surveying Instructions," published bythe Bureau ofLand Management, Department ofthe Interior, Washington, D.C. and(2) the principles ofreal property relating to boundaries and conveyancing.

(c) The board may by rule provide for a waiver of the first division of theexamination for applicants whose education and experience qualificationssubstantially exceed the requirements ofSection 8742.

(d) The board may by rule provide for a waiver of the second division of theexamination and the assignment to a special examination for those applicants whoseeducational qualifications are equal to, and whose experience qualificationssubstantially exceed, those qualifications established under subdivision (c). Thespecial examination may be either written or oral, or a combination ofboth.


8741.1. Second Division of Examination: State Law and BoardRules Regulations; Pamphlet for Applicants.

The second division of the examination for licensure as a land surveyor shallinclude an examination that incorporates a national examination for land surveyingby a nationally recognized entity approved by the board, and a supplementalCalifornia specific examination. The California specific examination shall test theapplicant's knowledge of the provisions of this chapter and the board's rules andregulations regulating the practice ofprofessional land surveying in this state. Theboard shall prepare and distribute to applicants for the second division of theexamination, a plain language pamphlet describing the provisions of this chapterand the board's rules and regulations regulating the practice ofland surveying inthe state.

The board shall use the national examination on or before June 1,2003. In themeantime, the board may continue to provide the current state-only second divisionexamination and administer the test on the provisions of this chapter and boardrules as a separate part of the second division examination for licensure as a landsurveyor.


45

8742. Second Division Examination; Qualifications.(a) The educational qualifications and experience in land surveying, which an

applicant for the second division examination shall possess, shall not be less thanone ofthe following prescribed criteria:

(1) Graduation from a four-year curriculum with an emphasis in land surveyingapproved by the board or accredited by a national or regional accrediting agencyrecognized by the United States Office ofEducation at a postsecondary educationalinstitution and two years of actual broad based progressive experience in landsurveying, including one year ofresponsible field training and one year ofresponsibleoffice training; satisfactorY to the board.

(2) Actual broad based progressive experience in land surveying for at leastsix years, including one yearofresponsible field training and one year ofresponsibleoffice training; satisfactorY to the board.

(3) Registration as a civil engineer with two years of actual broad basedprogressive experience in land surveying satisfactorY to the board.

(b) With respect to an applicant for a license as a land surveyor, the board shallcount one year of postsecondary education in land surveying as one year ofexperience in land surveying up to a maximum offouryears, provided the applicanthasgraduated from the course in land surveying and the curriculum in land surveying isapproved by the board or is accredited by a regional or national accrediting agencyrecognized for the purpose by the United States Office of Education. Each year ofstudy in an approved or an accredited course in land surveying without graduationshall be counted the same as one-halfyear ofexperience.

Each applicant claiming equivalent credit for education may be required toproduce a complete transcript ofall college level courses completed.

(2) Until January 1, 2000 the board may, at its discretion, confer credit asexperience in land surveying, not in excess oftwo years, for successfully passingthe first division ofthe examination prescribed in section 874J.


8743. References Required.The names and addresses of at least four land surveyors or civil engineers,

duly qualified to practice in the place in which such practice has been conducted,each ofwhom has sufficient knowledge ofthe applicant to enable him to certifY tothe applicant's professional integrity, ability and fitness to receive a license, shallbe submitted with the application for the second division ofthe examination.

8744. Promises by Applicant.The applicant for the second division of the examination shall state in his

application that, should he be licensed, he will support the Constitution of thisstate and of the United states, and that he will faithfully discharge the duties of alicensed land surveyor.

46

8745. Examinations; Times and Places; Conduct and Scope.Examinations for license shall be held at such times and at such places within

the State as determined by board rule.The examinations may be conducted by one or more members ofthe board or

one or more oftheir duly authorized representatives.The scope ofexaminations and the method ofprocedure shall be prescribed by

board rule.

8746. Qualifications and Reexamination.In determining the qualifications ofany applicant for license, a majority vote of

the board is required.An applicant failing on examination, upon the payment ofanother application

fee may be examined again.

8747. Issuance of License and Authority.Any applicant who has passed the examinations prescribed by the board shall

have a suitable license issued to him or her.(a) An applicant who has passed the first division of the examination shall be

issued a certificate as a land surveyor-in-training. No renewal or other fee, otherthan the application fee, shall be charged for this certification. This certificate shallbecome invalid upon the person passing the second division of the examinationand being issued a license as a land surveyor, as provided in subdivision (b). A landsurveyor-in-training certificate shall not authorize the holder thereof to practice oroffer to practice land surveying. No person shall use the title ofland surveyor-intraining, or any abbreviation of this title, unless he or she is the holder ofa validland surveyor-in-training certificate.

(b) An applicant who has passed the second division ofthe examination shallbe issued a license as a land surveyor. The license shall authorize him or her topractice as a land surveyor.


8747.5 Retired License.(a) The board shall issue, upon application and payment ofthe fee established

by Section 8805, a retired licencse to a land surveyor who has been licensed by theboard fora minimum offive years within California, and aminimum of20 years withinthe United States or territories ofthe United States, and who holds a license that isnot suspended, revoked, or otherwise disciplined, or subject to pending disciplineunder this chapter.

(b) The holder of a retired license issued pursuant to this section shall notengage in any activity for which an active land surveyor's license is required. Aland surveyor holding a retired license shall be permitted to use the titles "retiredprofessional land surveyor" or "professional land surveyor, retired."

(c) The holder ofa retired license shall not be required to renew that license.(d) In order for the holder ofa retired licnse issued pursuant to this section to

47

restore his or her license to active status, he or she shall pass the examination thatis required for initial licensure with the board.

[Added, Chapter 983, Statutes of 1999J

8748. Issuance of Licenses to Licensees· Other States orCountries.

The board, upon application therefore, and the payment ofthe application andlicense fees fixed by this chapter, may issue a land surveyor's license, withoutwritten examination, to any person who holds avalid land surveyor's license issuedto him by any State or country when the applicant's qualifications meet therequirements of this chapter and rules established by the board.

8748.5. Refund of Portion of Application Fee for Unqualified.Ifan applicant for license as a land surveyor or certification as a land surveyor

in-training is found by the board to lack the qualifications required for admission tothe examination for such license or certification, the board may, in accordance withthe provisions ofSection 158 ofthis code, refund to him one-halfofthe amount ofhis application fee.

8749. Duplicate Certificates of License.A duplicate certificate oflicense to replace one lost, destroyed or mutilated may

be issued subjectto the rules and regulations ofthe board. The duplicate certificatefee fixed by this chapter shall be charged.

8750. Seal or Stamp of Licensee.Upon being licensed, each licensee may obtain a stamp or seal of the design

authorized by the board bearing the licensee's name, number ofcertificate, and thelegend Licensed Land Surveyor, or Professional Land Surveyor. The stamp or sealshall contain the expiration date ofthe license, ora space within which the expirationdate must be written.

[Ameuded, Chapter 26, Urgeocy eff. March 30, 1994, Statutes of 1994]

8751. Representation or Use of Title Only by License Holder.No person shall represent himself or herself as, or use the title of, or any

abbreviation orcombination ofthe words in the title of, "professional land surveyor,""licensed land surveyor," "land surveyor," "land survey engineer," "surveyengineer," "geodetic engineer," "geomatics engineer", or "geometronic engineer"unless he or she is the holder of a valid, unsuspended, and unrevoked license.


8752. Certificate as Prima Facie Evidence of Legal License.An unrevoked, unsuspended and unexpired license, or renewal certificate, issued

by the board is presumptive evidence in all courts and places that the personnamed is legally licensed under this chapter,

48

8753. Temporary Licenses; Prerequisites.A temporary authorization to practice as a professional land surveyor, as defined

by this chapter, may be granted for a specific projec~ upon application and paymentof the fee prescribed in Section 8805, for a period not to exceed 180 days, if theapplicant complies with each ofthe following provisions:

(a) The applicant maintains no place of business in this state.(b) The applicant is legally qualified to practice land surveying in the state or

country where he or she maintains a place of business.(c) The applicant demonstrates by means of an individual appearance before

the board satisfactory evidence of his or her knowledge of the practice of landsurveying in this state as related to the specific project for which the temporaryauthorization is requested.

(d) The applicant takes and passes the examination in the state laws and boardrules described in Section 8741.1.

(e) The applicant notifies the board in writing ofhis or her intention to practice,stating the approximate date when he or she intends to commence the specificproject and the approximate duration ofthe specific project, which shall not exceed180 consecutive days from the commencement date ot the specific project.

Upon completion ofthe requirements, the executive officer, on the direction ofthe board, shall issue a temporary authorization to the applicant.


ARTICLE 5. SURVEYING PRACTICE

8759. Provisions to be Included in Written Contract and ContractRequirements.

(a) A licensed land surveyor or registered civil engineer authorized to practiceland surveying shall use a written contract when contracting to provide professionalservices to a client pursuant to this chapter. The written contract shall be executedby the licensed land surveyor or registered civil engineer and the client, or his or herrepresentative, prior to the licensed land surveyor or registered civil engineercommencing work, unless the client knowingly states in writing that work may becommenced before the contract is executed. The written contract shall include, butnot be limited to, all ofthe following:

(1) A description ofthe services to be provided to the client by the licensed landsurveyor or registered civil engineer.

(2) A description ofany basis of compensation applicable to the contract, andthe method of payment agreed upon by the parties.

(3) The name, address, and license or certificate number of the licensed landsurveyor or registered civil engineer, and the name and address of the client.

(4) A description ofthe procedure that the licensed land surveyor or registeredcivil engineer and the client will use to accommodate additional services.

49

(5) A description of the procedure to be used by any party to tenninate thecontract.

(b) This section shall not apply to any of the following:(I) Professional land surveying services rendered by a licensed land surveyor

or registered civil engineer for which the client wiIl not pay compensation.(2) A licensed land surveyor or registered civil engineer who has a current or

prior contractual relationship with the client to provide professional services pursuantto this chapter, and that client has paid the surveyor or engineer all of the fees thatare due under the contract.

(3) Ifthe client knowingly states in writing after full disclosure of this sectionthat a contract which complies with the requirements ofthis section is not required.

(4) Professional services rendered by a licensed land surveyor or a registeredcivil engineer to any ofthe following:

(A) A professional engineer licensed orregistered under Chapter 7 (commencingwith Section 6700).

(B) A land surveyor licensed under this chapter.(C) An architect licensed under Chapter 3 (commencing with Section 5500).(D) A contractor licensed under Chapter 9 (commencing with Section 7000).(E) A geologist or a geophysicist licensed under Chapter 12.5 (commencing

with Section 7800).(F) A manufacturing, mining, public utility, research and development, or other

industrial corporation, if the services are provided in connection with or incidentalto the products, systems, or services of that corporation or its affiliates.

(G)Apublic agency.(c) "Written contract" as used in this section includes a contract that is in

electronic fonn.[Added, Chapter 976, Statutes of 2000]

8760. Administration of Oaths; Certification and Record.Every licensed land surveyor or registered civil engineer may administer and

certifY oaths:(a) When it becomes necessary to take testimony for the identification or

establishment ofold, lost or obliterated corners.(b) When a corner or monument is found in a perishable condition, and it

appears desirable that evidence concerning it be perpetuated.(c) When the importance of the survey makes it desirable, to administer an

oath to his assistants for the faithful perfonnance of their duty.A record ofoaths shall be preserved as part ofthe field notes ofthe survey and

a memorandum ofthem shall be made on the record ofsurvey filed under this article.

8761. Authorized Practices by Surveyor; Unlawfui Uniess byAuthorized Practitioner.

Any licensed land surveyor or registered civil engineer may practice landsurveying and prepare maps, plats, reports, descriptions, or other documentaryevidence in connection with that practice. All maps, plats, reports, descriptions, or

50

other documents issued by the licensed land surveyor or registered civil engineershall be signed by the surveyor or engineer to indicate the surveyor's or engineer'sresponsibility for them. In addition to the signature, the map, plat, report, description,or other document shall bear the seal or starop ofthe licensee or registrant and theexpiration date ofthe license orregistration. Ifthe map, plat, report, description, orother document has multiple pages or sheets, the signature, seal or starop, andexpiration date ofthe license or registration need only appear on the originals ofthemap or plat and on the title sheet of the report, description, or other document.

It is unlawful for any person to sign, starop, seal, or approve any map, plat,report, description, or other document unless the person is authorized to practiceland surveying.

It is unlawful for any person to starop or seal any map, plat, report, description, or other document with the seal after the certificate of the licensee that isnaroed on the seal has expired or has been suspended or revoked, unless thecertificate has been renewed or reissued.


8761.1. Consistency of Authority to Sign and Seal.The authority ofa licensed land surveyor or registered civil engineer to prepare,

sign, issue, stamp, seal, or approve any map, plat, report, description orotherdocumentshall be consistent with that person's authority to practice land surveying.


8761.2. Liability; Damages Caused by Subsequent UnapprovedChanges or Uses of Surveying Documents.

Notwithstanding the provisions ofSection 876 I, a registered civil engineer orlicensed land surveyor who signs land surveying maps, plats, reports, descriptions,or other surveying documents shall not be responsible for daroage caused bysubsequent changes to or uses of those maps, plats, reports, descriptions or othersurveying documents, where the subsequent changes or uses, including changes oruses made by state or local govermnental agencies, are not authorized or approved bythe registered civil engineer or licensed land surveyor who originally signed the maps,plats. reports, descriptions, or other surveying documents, provided that theengineeriog or surveying service rendered by the civil engineer or land surveyor whosigned the maps, plats, reports, descriptions, or other surveying documents was notalso a proximate cause ofthe daroage.

[Added, Chapter 1507, Statutes of 1985J

8762. Record of Surveys; Particulars to Be Shown.Cal Except asprovided in subdivion (b), after making a field survey in conformity

with the practice ofland surveying, the licensed surveyor or licensed civil engineermay file with the county surveyor in the county in which the field survey was made,a record of the survey.

(b) Notwithstanding subdivision (a), after making a field survey in conformitywith the practice of land surveying, the licensed land surveyor or licensed civil

51

engineer shall file with the county surveyor in the county in which the field surveywas made a record ofthe survey relating to land boundaries or property lines, ifthefield survey discloses any ofthe following:

(1) Material evidence or physical change, which in whole or in part does notappear on any subdivision map, official map, or record ofsurvey previously recordedor properly filed in the office ofthe county recorder or county surveying department,or map or survey record maintained by the Bureau of Land Management of theUnited States.

(2) A material discrepancy with the information contained in any subdivisionmap, official map, or record ofsurvey previously recorded or filed in the office ofthecounty recorder or the county surveying department, or any map or survey recordmaintained by the Bureau ofLand Management ofthe United States. For purposesofthis subdivision, a "material discrepancy" is limited to a material discrepancy inthe position of points or lines, or in dimensions.

(3) Evidence that, by reasonable analysis, might result in materially alternatepositions oflines or points, shown on any subdivision map, official map, orrecord ofsurvey previously recorded or filed in the office ofthe county recorder or the countysurveying department, or any map or survey record maintained by the Bureau ofLandManagement ofthe United States.

(4) The establishment ofone or more points or lines not shown on any subdivisionmap, official map, orrecord ofsurvey, the positions ofwhich are not ascertainable froman inspection ofthe subdivision map, official map, or record ofsurvey.

(5) The points or lines set during the performance ofa field survey ofany parceldescribed in any deed or other inatrument of title recorded in the county recorder'soffice are not shown on any subdivision map, official map, or record ofsurvey.

(c) The record of survey required to be filed pursuant to this section shall befiled within 90 days after the setting ofboundary monuments during the performanceof a field surveyor within 90 days after completion of a field survey, whicheveroccurs first.

(d) (I) Ifthe 90-day time limit contained in subdivision (c) cannot be compliedwith for reasons beyond the control ofthe licensed land surveyor or licensed civilengineer, the 90-day time period shall be extended until the time at which thereasons for delay are eliminated. If the licensed land surveyor or licensed civilengineer cannot comply with the 90-day time limit, he or she shall, prior to theexpiration ofthe 90-day time limit, provide the county surveyor with a leller statingthat he or she is unable to comply. The leller shall provide an estimate ofthe date forcompletion ofthe record ofsurvey, the reasons for the delay, and a general statementas to the location ofthe survey, including the assessor's parcel number or numbers.

(2) The licensed land surveyor or licensed civil engineer shall not initially berequired to provide specific details ofthe survey. However, ifother surveys at thesarae location are performed by others which may affect or be affected by thesurvey, the licensed land surveyor or licensed civil engineer shall then provideinformation requested by the county surveyor without unreasonable delay.

(e) Any record ofsurvey filed with the county surveyor shall, afterbeing examined by

52

him orher, be filed with the county recorder.(J) Ifthe preparer ofthe record ofsurvey provides a postage-paid, self-addressed

envelope or postcard with the filing of the record of survey, the county recordershall return the postage-paid, self-addressed envelope or postcard to the preparerof the record of survey with the filing data within 10 days affinal filing. For thepurposes of this subdivsion, "filing data" includes the date, the book or volume,and the page at which the record of survey is filed with the county surveyor.


8762.5. Certificate Showing Compliance With Subdivision Map ActRequired.

No record of survey ofland shown on the latest adopted county assessmentroll as a unit or as contiguous units, which shows a division of such land intoadditional parcels, shall be filed with the county surveyor or with the county recorder,unless there is attached thereto a certificate by the county surveyor if the land lieswithin an unincorporated area, or a certificate by the city engineer if the land lieswithin a city, ofcompliance with the provisions ofthe Subdivision MapAct, Division2 (commencing with Section 66410) ofTitle 7 of the Government Code, and anyapplicable local ordinance enacted pursuant thereto.

8763. Map Form and Required Standards.The record ofsurvey shall be a map, legibly drawn, printed, or reproduced by a

process guaranteeing a permanent record in black on tracing cloth, or polyesterbase film, 18 by 26 inches or 460 by 660 millimeters. Ifink is used on polyester basefilm, the ink surface shall be coated with a suitable substance to assure permanentlegibility. A marginal line shall be drawn completely around each sheet leaving anentirely blank margin ofone inch or 25 millimeters.

[Amended Chapter 1013, Statutes of 2002]

8764. Record of Survey Technical Requirements.The record of survey shall show the applicable provisions of the following

consistent with the purpose of the survey:(a) All monuments found, set, reset, replaced, or removed, describing their

kind, size, and location, and giving other data relating thereto.(b) Bearing or witness monuments, basis of bearings, bearing and length of

lines, scale ofmap, and north arrow.(c) Name and legal designation of the property in which the survey is located,

and the date or time period ofthe survey.(d) The relationship to those portions ofadjacent tracts, streets, or senior conveyances

which have common lines with the survey.(e) Memorandum ofoaths.(!) Statements required by Section 8764.5.(g) Any other data necessary for the intelligent interpretation of the various

items and locations of the points, lines, and areas shown, or convenient for the

53

identification ofthe surveyor surveyor, as may be determined by the civil engineeror land surveyor preparing the record ofsurvey.

The record ofsurvey shall also show, either graphically or by note, the reasonor reasons, if any, why the mandatory filing provisions of subdivisions (a) to (e),inclusive, ofSection 8762 apply.

The record of survey need not consist ofa survey of an entire property.[Amended, Chapter 133, Statutes of 1988]

8764.5. Required Statements.Statements shall appear on the map as follows:

SURVEYOR'S STATEMENT

This map correctly represents a survey made by me or under my directionin conformance with the

requirements of the Professional Land Surveyor's Act at the request of

(Name ofPersonAuthorizing Survey)in ,20 _(Signed and sealed)L.S.orR.C.E.)No.License expiration date

COUNTYSURVEYOR'S STATEMENT

This map has been examined in accordance with Section 8766 oftheProfessional Land Surveyor's Act this day of_____----', 20__

(Signed and sealed)

County SurveyorL.S. or R.C.E.) No.License expiration date

RECORDER'S STATEMENT

Filed this day of__----= , 20-, at___.m. in Book -.,.-;; of at page___" at the request of _

(Signed) ;:--_-=-_-:- _County Recorder

54

No other statements may appear on the face of the map except thoserequired or authorized by this article.

[Amended. Chapter 1013. Statutes of 2002J

8765. Record of Survey Not Required.A record of survey is not required of any survey:(a) When it has been made by a public officerin his or her official capacity and

a reproducible copy thereof, showing all data required by Section 8764, except therecorder's statement, has been filed with the county surveyor of the county inwhich the land is located. Any map so filed shall be indexed and kept available forpublic inspection.

(b) Made by the United States Bureau ofLand Management.(c) When a map is in preparation for recording or shall have been recorded

under the provisions of the Subdivision Map Act.(d) When the survey is a retracement oflines shown on a subdivision map,

official map, or a record of survey, where no material discrepancies with thoserecords are found and sufficient monumentation is found to establish the preciselocation ofproperty corners thereon, provided that a corner record is filed for anyproperty corners which are set or reset or found to be ofa different character thanindicated by prior records. For purposes ofthis subdivision, a "material discrepancy"is limited to a material discrepancy in the position ofpoints or lines, or in dimensions.

(e) When the survey is a survey ofa mobilehome park interior lot as defmed inSection 18210 ofthe Health and Saftey Code, provided that no subdivision map,official map, or record ofsurvey has been previously filed for the interior lot or noconversion to residential ownership has occurred pursuant to Section 66428.1 ofthe Government Code.


8766. Examination by County Surveyor of Surveys Recorded;Time; Particulars.

(a) Within 20 working days after receiving the record ofsurvey, or within theadditional time as may be mutually agreed upon by the land surveyor or civilengineer and the county surveyor, the county surveyor shall examine it with respectto all ofthe following:

(l) Its accuracy of mathematical data and substantiai compliance with theinformation required by Section 8764.

(2) Its compliance with Sections 8762.5, 8763, 8764.5, 8771.5, and 8772.(b) The examination pursuantto this section shall not require the licensed land

surveyor or registered civil engineer submitting the record ofsurvey to change themethods or procedures utilized or employed in the performance ofthe survey, norshall the examination require a field survey to verifY the data shown on the recordof survey.

(c) Nothing in this section shall limit the county surveyor from including notesexpressing opinions regarding the record ofsurvey, or the methods or procedures

55

utilized or employed in the performance ofthe survey.(d) The examination pursuant to this section shall be performed by, or under

the direct supervision of, a licensed land surveyor or registered civil engineer.[Amended, Chapter 607. Statutes of 2003J

8766.5. Record of Survey Examination Fee.The county surveyor may charge a reasonable fee for examining a record of

survey pursuant to Section 8766 which shall not exceed the cost of the service orone hundred dollars ($100), whichever is the lesser. However, this one hundreddollars ($100) maximum fee may be increased by the board ofsupervisors ifsuch anincrease is authorized by a duly adopted ordinance and the ordinance was adoptedpursuant to a staffreport demonstrating that the cost ofproviding the examinationservice actually exceeds one hundred dollars ($100) per record ofsurvey.

8767. Approval and Endorsement by County Surveyor; Filing withRecorder; Return for Betterment if Not Approved.

If the county surveyor fmds that the record of survey complies with theexamination in Section 8766, the county surveyor shall endorse a statement on it ofhis orher examination, and shall present it to the county recorder for filing. Otherwisethe county surveyor shall return it to the person who presented it, together with awritten statement ofthe changes necessary to make it conform to the requirementsofSection 8766. The licensed land surveyor or registered civil engineer submittingthe record of survey may then make the agreed changes and note those matterswhich cannot be agreed upon in accordance with the provisions of Section 8768and shall resubmit the record ofsurvey within 60 days, or within the time as maybemutually agreed upon by the licensed surveyor or registered engineer and thecounty surveyor, to the county surveyor for filing pursuant to Section 8768.


8768. Filing Record of Survey; Notation of Matters Not AgreedUpon.

If the matters appearing on the record ofsurvey cannot be agreed upon by thelicensed land surveyor or the registered civil engineer and the county surveyorwithin 10 working days after the licensed land surveyor or registered civil engineerresubmits and requests the record of survey be filed without further change, anexplanation ofthe differences shall be noted on the map and it shall be presented bythe county surveyor to the county recorder for filing, and the county recorder shallfile the record of survey. The licensed land surveyor or registered civil engineerfiling the record ofsurvey shall attempt to reach agreement with the county surveyorregarding the language for the explanation ofthe differences. Ifthey cannot agreeon the language explaining the differences, then both shall add a notation on therecord ofsurvey explaining the differences. The explanation ofthe differences shallbe sufficiently specific to identify the factual basis for the difference.


56

8768.5. Record of Survey Timely Filing.If the county surveyor fails to timely file the record ofsurvey with the county

recorder in accordance with Section 8768, the licensed land surveyor or registeredcivil engineer submitting the map may bring an action pursuant to Section 1085 ofthe Code ofCivil Procedure to compel the filing ofthe record ofsurvey. After thelicensed land surveyor or registered civil engineer resubmits and requests therecord ofsurvey be filed without further cbange, the filing ofthe record ofsurveyshall be deemed to be a ministerial act.

In any action brought pursuant to Section 1085 ofthe Code ofCivil Procedurebetween a licensed land surveyor or a registered civil engineer and the countysurveyor ofany county, the court may award to the prevailing party costs and otherexpenses of litigation, including the payment of experts and other witnesses, andreasonable attorney's fees.

8769. Record of Survey Fee for Filing and Indexing.The charge for filing any record ofsurvey, and for indexing the same, shall be

the same as provided for subdivided land under Section 27372 ofthe GovernmentCode.

8770. Survey Recorded in Book, Indexing, Storing. Maintenanceof Counter Maps.

The record of survey filed with the county recorder of any county shall besecurely fastened by him into a suitable book provided for that purpose.

He shall keep proper indexes of such record of survey by the name of grant,tract, subdivision or United States subdivision.

The original map shall be stored for safekeeping in a reproducible condition. Itshall be proper procedure for the recorder to maintain for public reference a set ofcounter maps that are prints of the original maps, and the original maps to beproduced for comparison upon demand.

8770.5. Record of Survey Amendment to Correct Error orOmission· Manner of Making.

Any record ofsurvey filed under the provisions ofthis chapter may be amendedto show any course or distance that was omitted therefrom, or to correct any errorin: course or distance shown thereon, the description of the land which the recordofsurvey comprised, lot numbers, street names, acreages, identification ofadjacentrecord maps, or the character ofmonuments being set, or to correct any other minorerrors approved for correction by the county surveyor in the same manner thatsubdivision maps may be amended under the provisions of the Subdivision MapAct, Division 2 (commencing with Section 66410) of Title 7 of the GovernmentCode.

8770.6. Significance of Use of Certify or Certification.The use of the word certifY or certification by a licensed land surveyor or

registered civil engineer in the practice ofprofessional engineering or land surveying

57

or the preparation ofmaps, plats, reports, descriptions, or other surveying documentsonly constitutes an expression of professional opinion regarding those facts orfindings which are the subject ofthe certification, and does not constitute a warrantyor guarantee, either expressed or implied.


8771. Monuments· Number, Durability, and Placing. ResettingWhen Records Exist - Manner - Limitations and Prohibitions.

Ca) Monuments set shall be sufficient in number and durability and efficientlyplaced so as not to be readily disturbed, to assure, together with monuments alreadyexisting, the perpetuation or facile reestablishment ofany point or line ofthe survey.

(b) When monuments exist that control the location of subdivisions, tracts,boundaries, roads, streets, or highways, or provide survey control, the monumentsshall be located and referenced by or under the direction ofa licensed land surveyoror registered civil engineer prior to the time when any streets, highways, otherrightswof·way, or easements are improved, constructed, reconstructed, maintained,resOOaced, or relocated and a corner record or record of survey of the referencesshall be filed with the county surveyor. They shall be reset in the surface ofthe newconstruction, a suitable monument box placed thereon, or pennanent witnessmonuments set to perpetuate their location if any monument could be destroyed,damaged, covered, or otherwise obliterated, and a cornerrecord or record ofsurveyfiled with the county surveyor prior to the recording ofa certificate ofcompletionfor the project. Sufficient controlling monuments shall be retained or replaced intheir original positions to enable property, right-of-way and easement lines, propertycorners, and subdivision and tract boundaries to be reestablished without devioussurveys necessarily originating on monuments differing from those that currentlycontrol the area. It shall be the responsibility ofthe governmental agency or othersperforming construction work to provide for the monumentation required by thissection. It shall be the duty of every land surveyor or civil engineer to cooperatewith the governmental agency in matters of maps, field notes, and other pertinentrecords. Monuments set to mark the limiting lines of highways, roads, streets orright-of-way or easement lines shall not be deemed adequate for this purposeunless specifically noted on the corner record orrecord ofsurvey ofthe improvementworks with direct ties in bearing or azimuth and distance between these and othermonuments ofrecord.

Cc) The decision to file either the required corner record or a record ofsurveypursuant to subdivision (b) shall be at the election ofthe licensed land surveyor orregistered engineer submitting the document.


8771.5. Necessity for Recording of Survey Map Accompanied byMap Showing Control Scheme.

When coordinates in the California Coordinate System are shown for points ona record of survey map the map may not be recorded unless it also shows, or is

58

accompanied by a map showing, the control scheme through which the coordinateswere determined from points ofknown coordinates.

8772. Marking of Monuments· Application of Section.Any monument set by a licensed land surveyor or registered civil engineer to

mark or reference a point on a property or land line shall be permanently and visiblymarked or tagged with the certificate number of the surveyor or civil engineersetting it, each number to be preceded by the letters L.S. or R.C.E., respectively, asthe case may be or, ifthe monument is set by a public agency, it shall be marked withthe name of the agency and the political subdivision it serves.

Nothing in this section shall prevent the inclusion of other information on thetag which will assist in the tracing or location ofthe survey records which relate tothe tagged monument.

8773. Filing of Written Record of Corner Establishment orRestoration Required.

Ca) Except as provided in subdivision (b) ofSection 8773.4, a person authorizedto practice land surveying in this state shall complete, sign, stamp with his or herseal, and file with the county surveyor or engineer ofthe county where the cornersare situated, a written record ofcomer establishment or restoration to be known asa comer record for every comer established by the Survey of the Public Lands ofthe United States, except lost comers, as defined by the Manual ofInstructions forthe Survey of the Public Lands of the United States, and every accessory to suchcomer which is found, se~ reset, or used as control in any survey by such authorizedperson.

(b) After the establishment of a lost corner, as defined by the Manual ofInstructions for the Survey of the Public Lands of the United States, a record ofsurvey shall be filed as set forth in Section 8764.

Cc} Any person authorized to practice land surveying in this state may filesuch comer record for any property comers, property controlling comers, referencemonuments, or accessories to a property comer.


8773.1. Regulation.The board shall by regulation provide and prescribe the information which

shall be necessary to be included in the comer record and the board shall prescribethe form in which such comer record shall be submitted and filed, and the time limitswithin which the form shall be filed. A comer record shall be a single 8.5 by II inchsheet which may consist of a front and back page.


8773.2. Receipt and Filing of Corner Record· Indexing.Ca) A "comer record" submitted to the county surveyor or engineer shall be

examined by him or her for compliance with subdivision Cd) ofSection 8765 andSections 8773, 8773.1, and 8773.4, endorsed with a statement ofhis orher examination,

59

and filed with the county surveyor or returned to the submitting party within 20working days after receipt.

(b) In the event the submitted "corner record" fails to comply with theexamination criteria ofsubdivision (a), the county surveyor or engineer shall returnit to the person who sumitted it together with a written statement of the changesnecessary to make it conform to the requirements ofsubdivision (a). The licensedland surveyor or licensed civil engineer submitting the corner record may thenmake the agreed changes in compliance with subdivision (a) and note those mattersthat cannot be agreed upon in accordance with the provisions ofsubdivision (c),and shall resubmit the corner record within 60 days, or within the time as may bemutually agreed upon by the licensed land surveyor or licensed civil engineerand the county surveyor, to the county surveyor for filing pursuant to subdivision(c), The county surveyor or engineer shalI file the corner record within 10 workingdays after receipt of the resubmission.

(c) If the matters appearing on the corner record cannot be agreed upon by thelicensed land surveyor or the licensed civil engineer and the county surveyorwithin 10 working days after the licensed land surveyor or licensed civil engineerresubmits and requests the corner record be filed without further change, anexplanation of the differences shall be noted on the corner record and it shall besubmitted to and filed by the county surveyor. The licensed land surveyor orlicensed civil engineer filing the corner record shall attempt to reach agreementwith the county surveyor regarding the language for the explanation for thedifferences. Ifthey cannot agree on the language explaining the differences, thenboth shall add a notation on the corner record explaining the differences. Theexplanation ofthe differences shall be sufficiently specific to identifY the factualbasis for the differences.

(d) The corner record filed with the county surveyor of any county shalI besecurely fastened by him or her into a suitable book provided for that purpose.

(e) A charge for examining, indexing and filing the corner record may becolIected by the county surveyor, not to exceed the amount required for the recordingofa deed.

(I) If the preparer ofthe corner record provides a postage-paid, selfaddressed envelope or postcard with the filing of the corner record, the countysurveyor shall return postage-paid, self-addressed envelope or postcard to thepreparer ofthe corner record with the filing data within 20 days offmal filing. Forthe purposes of this subdivision, "filing data" includes the date, book or volume,and the page at which the corner record is filed by the county surveyor. Thissubdivision shall not apply to a county surveyor's office that maintains anelectronic database of filed corner records that is accessible to the public byreference to the preparer's license number.

[Amended, Chapter 607, Statutes oj 2003]

60

8773.3. Duty to Reconstruct or Rehabilitate Monument WhereCorner Record Filed.

In every case where a corner record is filed pursuant to Section 8773, thelicensed land surveyor or registered civil engineer shall reconstruct or rehabilitatethe monument ofsuch corner, and accessories to such corner, so that the same shallbe left by him in such physical condition that it remains as permanent a monumentas is reasonably possible and so that the same may be reasonably expected to belocated with facility at all times in the futme.

8773.4. Signature or Seal Required Before Filing Corner Record·Exception.

(a) A corner record shall be signed by a licensed land surveyor or licensed civilengineer and stamped with his or her seal, or in the case ofan agency ofthe UnitedStates government or the State ofCalifornia, the certificate may be signed by thechief of the survey party making the survey, setting forth his or her official title,prior to filing.

(b) A corner record need not be filed when:(1) A corner record is on file and the corner is found as described in the existing

comer record.(2) All conditions ofSection 8773 are complied with by proper notations on a

record ofsurvey map filed in compliance with the Professional Land Surveyor'sActor a parcel or subdivision map, in compliance with the Subdivision Map Act.

(3) When the survey is a survey ofa mobilehome park interior lot as defined inSection 18210 of the Health and Safety Code, provided that no subdivision map,official map, or record ofsurvey has been previously filed for the interior lot or noconversion to residential ownership has occurred pursuant to Section 66428.1 ofthe Government Code.

(c) This section shall not apply to maps filed prior to January 1, 1974.[Amended, Chapter 607, Statutes of 2003J

8774. Access and Entry Upon Real Property· Rights of LandSurveyor· Restrictions.

(a) The right of entry upon or to real property to investigate and utilizeboundary evidence, and to perform surveys, is a right ofpersons legally authorizedto practice land surveying, and it is the responsibility of the owner or tenant whoowns or controls property to provide reasonable access without undue delay. Theright of entry is not contingent upon the provision ofprior notice to the owner ortenant. However, the owner or tenant shall be notified ofthe proposed time ofentrywhere practicable.

(b) The requirements of subdivision (a) do not apply to monuments withinaccess-controlled portions of freeways.

(c) When required for a property survey, monuments within a freeway rightof-way shall be referenced to usable points outside the access control line by theagency having jurisdiction over the freeway when requested in writing by theregistered civil engineer or licensed land surveyor who is to perform the property

61

survey. The work shall be done within a reasonable time period by the agency indirect cooperation with the engineer or surveyor and at no charge to him or her.


8774.5 County Surveyor Index.(a) Upon the filing ofa record ofsurvey, amended record ofsurvey, or certificate

ofcorrection for recordation pursuant to this chapter, the surveyor or engineer whoprepared the document shall transmit a copy ofthe document, including all recordinginformation, to the county surveyor, who shall maintain an index, by geographiclocation, of the documents.

(b) The county surveyor may charge a fee equal to the fee charged for recordingthe documents specified in subdivision (a), for purposes offmancing the costs ofmaintaining the index ofthose documents.

(c) The requirements of this section shall not apply to any county whichrequires the documents specified in subdivision (a) to be transmitted to the countysurveyor and requires that official to maintain an index of those documents.


ARTICLE 5.5. PHOTOGRAMMETRY

8775. Use of Title; Requirement of Registration or License.No person shall use the title or any abbreviation ofthe title ofphotogrammetrist

or photogrammetric surveyor unless he or she holds registration as a civil engineeror licensed land surveyor, or unless he or she is licensed as a photogrammetricsurveyor.


8775.1. Authorized Services by Person meeting StatutoryRequirements.

Persons meeting the requirements ofthis article may engage in and perform allphotogramrnetric services germane to this chapter, either as individuals, employees,or as independent contractors; provided, however, that the field surveys to bedone are performed by registered civil engineers or licensed land surveyors, and inthe preparation ofany topographic map which contains the delineation ofpropertycorners or a property boundary or boundaries the work is certified or attested to bya registered civil engineer or land surveyor.

8775.2, Signature and Certificate Number on Documents.Maps, documents, or reports prepared by, or under the direction of, a licensed

photogrammetric surveyor shall carry his signature and certificate number whichwill indicate his responsibility for the work.

62

8775.3. Renewal of Licenses; Fees.Photogrammetric surveyor licenses shall be renewable upon payment ofthe fee

fixed by the board for which a renewal certificate shall be issued. Photogrammetricsurveyor license fees shall be the sarne as those prescribed for land surveyor'slicensing; and the provisions of this chapter relating to revenue, and with respectto disciplinary proceedings, shall similarly apply.


8780. License Suspension or Revocation Vote Required Grounds -Period of SuspensIon.

The board may receive and investigate complaints against licesensed landsurveyors and registered civil engineers, and make findings thereon.

By a majority vote, the board may reprove, suspend for a period not to exceedtwo years, or revoke the license or certificate of any licensed land surveyor orregistered civil engineer, respectively, licensed under this chapter or registeredunder the provisions ofChapter 7 (commencing with Section 6700), whom it fmds tobe guilty of:

(a) Any fraud, deceit, or misrepresentation in his or her practice of landsurveying.

(b) Any negligence or incompetence in his or her practice ofland surveying.(c) Any fraud or deceit in obtaining his or her license.(d) Any violation ofany provision of this chapter or ofany other law relating

to or involving the practice of land surveying.(e) Any conviction of a crime substantially related to the .qualifications,

functions and duties of a land surveyor. The record of the conviction shall beconclusive evidence thereof.

(f) Aiding or abetting any person in the violation of any provision of thischapter.

(g) A breach or violation ofa contract to provide land surveying services.(h) A violation in the course of the practice of land surveying of a rule or

regulation of unprofessional conduct adopted by the board.[Amended Chapter 976, Statutes of 2000]

8780.1. Revocation of License of a Land-Surveyor-In-Training.The board may receive and investigate complaints against land surveyors-in

training, and make findings thereon.By a majority vote, the board may revoke the certificate ofany land surveyor

inwtraining:(a) Who has been convicted ofa crime as defined in subdivision (a) ofSection

480.(b) Who has been found guilty of any fraud, deceit, or misrepresentation in

obtaining his or her land surveyor-in-training certificate or license as a professional

63

land surveyor.(c) Who aids or abets any person in the violation of any provision of this

chapter.(d) Who violates Section 119 with respect to a land surveyor-in-training

certificate or commits any act described in Section 8792.(e) Any violation ofany provision of this chapter.

[Added Chapter 1006, Statutes of 2000J

8781. Conduct of Proceedings.The proceedings under this article shall be conducted in accordance with

Chapter 4 (commencing with Section 11370), Chapter 4.5 (commencing with Section11400), and Chapter 5 (commencing with Section 11500) ofPart I ofDivision 3 ofTitle 2 of the Government Code, and the board shall have all the powers grantedtherein.

[Amended Chapter 1006, Statutes of 2000]

8783. Conviction Defined; Board May Order License or CertificateSuspended or Revoked or Refuse to Issue License orCertificate.

A plea or verdict ofguilty or a conviction following a plea ofnolo contenderemade to a charge substantially related to the qualifications, functions and duties ofa land surveyor is deemed to be conviction within the meaning ofthis article. Theboard may order the license or certificate suspended or revoked, or may decline toissue a license or certificate, when the time for appeal has elapsed, or the judgmentof conviction has been affinned on appeal or when an order granting probation ismade suspending the imposition of sentence, irrespective of a subsequent orderunder the provisions ofSection 1203.4 ofthe Penal Code allowing such person towithdraw his plea of guilty and to enter a plea of not guilty, or setting aside theverdict ofguilty, or dismissing the accusation, information or indictment.

8784. Reinstatement After Revocation· Vote and ReasonsRequired.

The board may reissue a license to any person, whose license has been revoked,if a majority of the members of the board vote in favor of such reinstatement, forreasons the board may deem sufficient.


8790. Duty of Board to Enforce and Prosecute.The board shall enforce all of the provisions of this chapter and cause the

prosecution ofall violations coming to its notice.

64

8791. Duty of Officers to Enforce and Prosecute Violation.It is the duty ofthe respective officers charged with the enforcement oflaws to

prosecute all persons charged with the violation of any of the provisions of thischapter.

8792. Misdemeanors in General.Every person is guilty ofa misdemeanor:(a) Who, unless he or she is exempt from licensing under this chapter, practices,

or offers to practice, land surveying in this State without legal authorization.(b) Who presents as his or her own, the license ofa professional land surveyor

unless he or she is the person named on the license.(c) Who attempts to file as his or her own any record of survey under the

license of a professional land surveyor.(d) Who gives false evidence of any kind to the board, or to any member, in

obtaining a license.(e) Who impersonates or uses the seal of a professional land surveyor.(I) Who uses an expired, suspended, or revoked license.(g) Who represents himself or herself as, or uses the title of, professional

land surveyor, or any other title whereby that person couId be considered aspracticing or offering to practice land surveying, unless he or she iscorrespondingly qualified by licensure as a land surveyor under this chapter.

(h) Who uses the title, or any combination of that title, of"professional landsurveyor," "licensed land surveyor," "land surveyor," or the titles specified inSections 8751 and 8775, or "land surveyor-in-training," or who makes use ofanyabbreviation ofthat title that might lead to the beliefthat he or she is a licensedland surveyor or holds a certificate as a land surveyor-in-training, without beinglicensed or certified as required by this chapter.

(i) Who, unless appropriately licensed, manages, or conducts as manager,proprietor, or agent, any place ofbusiness from which land surveying work issolicited, performed, or practiced, except as authorized pursuant to Section 6731.2and subdivision (d) ofSection 8729.

G) Who violates any provision of this chapter.[Amended, Chapter 1006, Statutes of 2000]

ARTICLE 8. REVENUE

8800. Reception, Account, and Reports· Deposits in andExpenditures from Fund.

The department shall receive and account for all money derived under theoperation ofthis chapter and, at the end ofeach month, shall report such money tothe State Controller and shall pay it to the State Treasurer, who shall keep themoney in a separate fimd known as the Professional Engineer's and Land Surveyor'sFund.

65

For accounting and recordkeeping purposes, the Professional Engineer's andLand Surveyor's Fund shall be deemed to be a single special fund, and shall beavailable for expenditure only for the purposes as are now or may hereafter beprovided by law.

The fees and civil penalties received under this chapter shall be deposited inthe Professional Engineer's and Land Surveyor's Fund. All moneys in the fund arehereby appropriated for the purposes of this chapter.

8801. Expiration of Licenses; Quadrennial Renewal·Redistribution of Renewal Dates.

Licenses issued under this chapter expire every two years, if not renewed.Biennial renewals shall be staggered on a quarterly basis. To renew an unexpiredlicense the license holder shall on or before the date ofexpiration indicated on therenewal receipt, apply for renewal on a form prescribed by the board, and pay therenewal fee prescribed by this chapter.

[Amended, Chapter 495; Statutes of 2001]

8802. Renewal of Expired Licenses.Except as otherwise provided in this article, licenses issued under this chapter

may be renewed at any time within three years after expiration on filing ofapplicationfor renewal on a form prescribed by the board and payment of all accrued andunpaid renewal fees. Ifthe license is renewed more than 30 days after its expiration,the licensee, as a condition precedent to renewal, shall also pay the delinquency feeprescribed by this chapter. Renewal under this section shall be effective on the dateon which the application is filed, on the date on which the renewal fee is paid, or onthe date on which the delinquency fee, if any, is paid, whichever last occurs. If sorenewed, the license shall continue in effect through the date provided in Section8801 which next occurs after the effective date ofthe renewal, when it shall expire ifit is not again renewed.

[Amended, Chapter 26; Urgency eff. March 30, 1994, Statutes of 1994]

8802.1. Suspended License; Renewal· Prohibition AgainstEngaging in Licensed ActiVity During Suspension.

A suspended license is subject to expiration and shall be renewed as providedin this article, but such renewal does not entitle the licensee, while the licenseremains suspended and until it is reinstated, to engage in the licensed activity. orany other activity or conduct in violation of the order or judgment by which thelicense was suspended.

8802.2. Prohibition Against Renewal of Revoked License· FeePayment Prerequisite to Reinstatement.

A revoked license is subject to expiration as provided in this article, but it maynot be renewed. If it is reinstated after its expiration, the licensee, as a conditionprecedent to its reinstatement, shall pay a reinstatement fee in an amount equal to

66

the renewal fee in effect on the last regular renewal date before the date on which itis reinstated, plus the delinquency fee, if any, accrued at the time ofits revocation.

8803. Failure to Renew License within Time Limitation·Conditions for Reinstatement.

A license which is not renewed within three years after its expiration may not berenewed, restored, reissued, or reinstated thereafter, unless all of the followingapply:

Ca) The licensee has not committed any acts or crimes constituting groundsfor denial oflicensure under Section 480.

(b) The licensee pays all ofthe fees which would be required ifapplying for thelicense for the first time. Ifthe registrant or certificate holder has been practicing inthis state with an expired or delinquent license and receives a waiver from taking theexamination as specified in subdivision Cc) then he or she shall pay all accrued andunpaid renewal fees.

Cc) The licensee takes and passes the examination, if any, which would berequired ifapplying for the license for the first time, or otherwise establishes to thesatisfaction ofthe board that, with due regard for the public interest, the licensee isqualified to engage in the practice ofland surveying.

The board may, by appropriate regulation, authorize the waiver or refund ofallor any part ofthe application fee in those cases in which a license is issued withoutan examination under this section.

[Amended, Chapter 26, Urgency eff. March 3D, 1994, Statutes of 1994]

8803.1. Reviewing Expired or Delinquent License· ProvisionsGoverning.

Once an expired or delinquent license is renewed, restored, reinstated, or reissuedpursuant to Section 8803, all ofthe following apply:

Ca) The board shall continue to have full jurisdiction and authority over thelicensee as if the license had not expired or become delinquent.

Cb) The work perfonned by the licensee during a period of expiration ordelinquency shall be deemed lawful and validly perfonned as to persons or entitiesother than the licensee.

Cc) The renewal, restoration, reinstatement, or reissuance ofa license shall notaffect liability issues regarding work perfonned during a period of expiration ordelinquency, nor does the fact of perfonnance during a period of expiration ordelinquency affect liability issues.


8804. Renewal or Reinstatement of Certificate of Registration ofCivil Engineer as Including a Surveyor's License.

The renewal or reinstatement ofany certificate ofregistration ofa civil engineerunder Chapter 7 Ccommencing with Section 6700) ofDivision 3, who is also a licensedland surveyor, shall not include the renewal or restoration of his land surveyor'slicense, without the payment ofthe surveyor's renewal fee or penalty.

67

8804.5. Fee Refunds.The board may make refunds ofall fees in accordance with Section 158 ofthis

code.

8805. Fee Schedule.The amount ofthe fees prescribed by this chapter shall be fixed by the board in

accordance with the following schedule:(a) The fee for filing each application for licensure as a land surveyor at not

more than four hundred dollars ($400), and for each application for certification asa land surveyor-in-training (LSIT) at not more than one hundred dolars ($100).

(b) The temporary registration fee for a land surveyor at not more than 25percent ofthe application fee in effect on the date of application.

(c) The renewal fee for a land surveyor at not more than the application fee.(d) The fee for a retired license at not more than 50 percent ofthe professional

land surveyor application fee in effect on the date ofapplication.(e) The delinquency fee at not more than 50 percent ofthe renewal fee in effect

on the date of reinstatement.(f) The board shall establish by regulation an appeal fee for examination. The

regulation shall include provisions for an applicant to be reimbursed the appeal feeif the appeal results in passage ofexamination. The fee shall be no more than thecosts incurred by the board.

(g) All other document fees are to be set by the board by rule.[Amended, Chapter 495, Statutes of 2001]

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BOARD RULES

California Code of RegulationsTitle 16, Division 5

§§400-474.5

Article 1. General Provisions

400. Introduction.These regulations are adopted by the board in order to implement and make

specific the Professional Engineers Act and the Land Surveyors' Act, Businessand Professions Code Sections 6700, et seq., and 8700, et seq., respectively.

401. Declaratory Decisions.No decision or opinion issued by or on behalfofthe Board for Professional

Engineers and Land Surveyors shall be considered a declaratory decision pursuantto Government Code section 11465.10 through 11465.70 unless the decision oropinion specifically states that it is a declaratory decision issued pursuant toGovernment Code sections 11465.10 through 11465.70.

403. Location of Offices.The principal office of the board is 2535 Capitol Oaks Drive, Suite 300,

Sacramento, 95833-2926. All correspondence relating to the activities ofthe board,including applications, renewals and remittances, shall be directed to the board'soffice.

404. Definitions.For the purpose of the rules and regulations contained in this chapter, the

following terms are defined. No defmition contained herein authorizes the practiceofengineering as defined in the Professional Engineers Act.

(a) "Agricultural engineering" is that branch of professional engineeringwhich requires such education and experience as is necessary to understand andapply engineering principles to the design, construction, and use of specializedequipment, machines structures and materials relating to the agricultural industryand economy. It requires lmowledge ofthe engineering sciences relating to physicalproperties and biological variables of foods and fibers; atmospheric phenomenaas they are related to agricultural operations; soil dynamics as related to traction,

69

tillage and plant-soil-water relationships; and human factors relative to safe designand use of agricultural machines. The safe and proper application and use ofagricultural chemicals and their effect on the enviromnent are also concerns oftheagricultural engineers. The above definition ofagricultural engineering shall notbe construed to permit the practice ofcivil, electrical or mechanical engineering,nor professional forestry.

(b) "Board" means the Board for Professional Engineers and Land Surveyors.(c) "Chemical engineering" is that branch ofprofessional engineering which

embraces studies or activities relating to the development and application ofprocesses in which chemical or physical changes ofmaterials are involved. Theseprocesses are usually resolved into a coordinated series ofunit physical operationsand unit chemical processes. It is concerned with the research, design, production,operational, organizational, and economic aspects of the above. The abovedefinition ofchemical engineering shall not be construed to permit the practice ofcivil, electrical or mechanical engineering.

(d) "Civil engineer" refers to a person who holds a valid license in the branchofcivil engineering, as defined in Section 6702 ofthe Code.

(e) "Civil engineering" is that branch ofprofessional engineering as definedin Section 6731 ofthe Code.

(f) "Code" means the Business and Professions Code.(g) "Consulting engineer" refers to any professional engineer who holds a

valid license under the provisions ofthe code, or a person who possesses a validauthorization issued pursuant to Section 6732.2 of the Code, or a person whoholds a valid exemption from provisions ofthe chapter as provided for in Sections6704 and 6732.1 ofthe Code.

(h) "Control system engineering" is that branch ofprofessional engineeringwhich requires such education and experience as is necessary to understand thescience ofinstrumentation and automatic control ofdynamic processes; and requiresthe ability to apply this knowledge to the planning, development, operation, andevaluation ofsystems ofcontrol so as to insure the safety and practical operabilityof such processes. The above definition of control system engineering shall notbe construed to permit the practice ofcivil, electrical, or mechanical engineering.

(i) "Corrosion engineering" is that branch ofprofessional engineering whichrequires such education and experience as is necessary to understand theenvironmental corrosion behavior of materials; and reqnires the ability to applythis knowledge by recommending procedures for control, protection and costeffectiveness, resulting from the investigation of corrosion causes or theoreticalreactions. The above definition ofcorrosion engineering shall not be construed topermit the practice ofcivil, electrical, or mechanical engineering.

Gl "Electrical engineer" refers to a person who holds a valid license in thebranch ofelectrical engineering, as defined in Section 6702.1 ofthe Code.

(k) "Electrical engineering" is that branch of professional engineering asdefined in Section 6731.5 ofthe Code.

(I) "Engineer-in-training" refers to a person who has been granted a certificate

70

as an "engineer-in-training" in accordance with Section 6756 ofthe Code.(m) "Fire protection engineering" is that branch ofprofessional engineering

which requires such education and experience as is necessary to understand theengineering problems relating to the safeguarding of life and property from fireand fire-related hazards; and requires the ability to apply this knowledge to theidentification, evaluation, correction, or prevention ofpresent or potential fire andfire related panic hazards in buildings, groups ofbuildings, or communities, and torecommend the arrangement and use of fire resistant building materials and firedetection and extinguishing systems, devices, and apparatus in order to protectlife and property. The above definition offire protection engineering shall not beconstrued to permit the practice ofcivil, electrical, or mechanical engineering.

(n) For the sole purpose ofinvestigating complaints and making findingsthereon under Sections 6775 and 8780 ofthe Code, "incompetence" as used inSection 6775 and 8780 ofthe Code is defined as the lack ofknowledge or abilityin discharging professional obligations as a professional engineer or landsurveyor.

(0) "Industrial engineering" is that branch ofprofessional engineering whichrequires such education and experience as is necessary to investigate, to design,and to evaluate systems of persons, materials and facilities for the purpose ofeconomical and efficient production, use, and distribution. It requires theapplication ofspecialized engineering knowledge ofthe mathematical and physicalsciences, together with the principles and methods of engineering analysis anddesign to specify, predict, and to evaluate the results to be obtained from suchsystems. The above definition of industrial engineering shall not be construed topermit the practice ofcivil, electrical, or mechanical engineering.

(P) "Land surveying" is that practice defined in Section 8726 of the Code.(q) "Land surveyor" refers to a person who holds a valid license as a land

surveyor, as defined in Section 8701 of the Code.(r) "Land surveyor-in-training" refers to a person who has been granted a

certificate as a "land surveyor-in-training" in accordance with Section 8747 (a) ofthe Code.

(s) "Manufacturing engineering" is that branch ofprofessional engineeringwhich requires such education and experience as is necessary to understand andapply engineering procedures in manufacturing processes and methods ofproduction of industrial commodities and products; and requires the ability toplan the practices ofmanufacturing, to research and develop the tools, processes,machines, and equipment, and to integrate the facilities and systems for producingquality products with optimal expenditure. The above definition ofmanufacturingengineering shall not be construed to permit the practice of civil, electrical, ormechanical engineering.

(t) "Mechanical engineer" refers to a person who holds a valid license in thebranch ofmechanical engineering, as defined in Section 6702.2 ofthe Code.

(u) "Mechanical engineering" is that branch ofprofessional engineering, asdefined in Section 6731.6 ofthe Code.

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(v) "Metallurgical engineering" is that branch of professional engineering,which requires such education and experience as is necessary to seek, understandand apply the principles of the properties and behavior of metals in solvingengineering problems dealing with the research, development and application ofmetals and alloys; and the manufacturing practices of extracting, refining andprocessing ofmetals. The above defutition ofmetallurgical engineering shall notbe construed to permit the practice ofcivil, electrical, or mechanical engineering.

(w) For the sale purpose ofinvestigating complaints and makingfindingsthereon under Sections 6775 and 8780 of the Code, "negligence" as used inSections 6775 and 8780 ofthe Code is defined as the failure ofa licensee, in thepractice ofprofessional engineering or land surveying, to use the care ordinarilyexercised in like cases by duly licensedprofessional engineers and land surveyorsin good standing.

(x) "Nuclear engineering" is that branch ofprofessional engineering whichrequires such education and experience as is necessary to apply the principles ofnuclear physics to the engineering utilization ofnuclear phenomena for the benefitofmankind; it is also concerned with the protection ofthe public from the potentialhazards of radiation and radioactive materials. Nuclear engineering is primarilyconcerned with interaction ofradiation and nuclear particles with matter. Nuclearengineering requires the application ofspecialized knowledge ofthe mathematicaland physical sciences, together with the principles and methods of engineeringdesign and nuclear analysis to specify, predict and evaluate the behavior ofsystemsinvolving nuclear reactions, and to ensure the safe, efficient operation of thesesystems, their nuclear products and by-products. Nuclear engineeringencompasses, but is not limited to, the planning and design of the specializedequipment and process systems ofnuclear reactor facilities; and the protection ofthe public from any hazardous radiation produced in the entire nuclear reactionprocess. These activities include all aspects of the manufacture, transportationand use ofradioactive materials. The above definition ofnuclear engineering shallnot be construed to permit the practice ofcivil, electrical, or mechanical engineering.

(y) "Petroleum engineering" is that branch ofprofessional engineering whichembraces studies or activities relating to the exploration, exploitation, location,and recovery ofnatural fluid hydrocarbons. It is concerned with research, design,production, and operation of devices, and the economic aspects of the above.The above definition ofpetroleum engineering shall not be construed to permitthepractice ofcivil, electrical, ormechanical engineering.

(z) "Professional engineer" refers to a person engaged in the practice ofprofessional engineering as defined in Section 6701 ofthe Code.

(aa) "Professional engineering" within the meaning ofthis chapter comprisesthe following branches: agricultural engineering, chemical engineering, civilengineering, control system engineering, corrosion engineering, electricalengineering, fire protection engineering, industrial engineering, manufacturingengineering, mechanical engineering, metallurgical engineering, nuclearengineering, petroleum engineering, quality engineering, safety engineering, and

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traffic engineering.(bb) "Quality engineering" is that branch ofprofessional engineering which

requires such education and experience as is necessary to understand and applythe principles ofproduct and service quality evaluation and control in the planning,development and operation of quality control systems, and the application andanalysis of testing and inspection procedures; and requires the ability to applymetrology and statistical methods to diagnose and correct improper quality controlpractices to assure product and service reliability and conformity to prescribedstandards. The above definition of quality engineering shall not be construed topermit the practice ofcivil, electrical, or mechanical engineering.

(cc) "Safety engineering" is that branch of professional engineering whichrequires such education and experience as is necessary to understand theengineering principles essential to the identification, elimination and control ofhazards to people and property; and requires the ability to apply this knowledge tothe development, analysis, production, construction, testing, and utilization ofsystems, products, procedures and standards in order to eliminate or optimallycontrol hazards. The above definition ofsafety engineering shall not be construedto permit the practice ofcivil, electrical, or mechanical engineering.

(dd) "Soil engineer" refers to a civil engineer who holds a valid authorizationto use the title "soil engineer," as provided in Section 6736.1 ofthe Code.

(ee) "Soil engineering," as it relates to the authorization to use the title "soilengineer," is the investigation and engineering evaluation of earth materialsincluding soil, rock, groundwater and man-made materials and their interactionwith earth retention systems, structural foundations and other civil engineeringworks. The practice involves application ofthe principles ofsoil mechanics andthe earth sciences, and requires a knowledge of engineering laws, formulas,construction techniques and perfonnance evaluation of civil engineering worksinfluenced by earth materials. The terms "geotechnical engineer" and "soilsengineer" are deemed to be synonymous with the tenn Hsoil engineer."

(fJ) "Structural engineer" refers to a civil engineer who holds a validauthorization to use the title "structural engineer," as provided in Section 6736 ofthe Code.

(gg) "Structural engineering" for the purposes ofstructural authority is theapplication ofspecialized civil engineering knowledge and experience to the designand analysis ofbuildings (or other structures) which are constructed or rehabilitatedto resist forces induced by vertical and horizontal loads of a static and dynamicnature. This specialized knowledge includes familiarity with scientific andmathematical principles, experimental research data and practical constructionmethods and processes. The design and analysis shall include consideration ofstability, deflection, stiffness and other structural phenomena that affect thebehavior ofthe building (or other structure).

(hh) "Traffic engineering" is that branch ofprofessional engineering whichrequires such education and experience as is necessary to understand the scienceofmeasuring traffic and travel and the human factors relating to traffic generation

73

and flow; and requires the ability to apply this knowledge to planning, operating,and evaluating streets and highways and their networks, abutting lands andinterrelationships with other modes oftravel, to provide safe and efficient movementof people and goods. The above definition of traffic engineering shall not beconstrued to permit the practice ofcivil, electrical, or mechanical engineering.

[Amended effective April 12, 2003]

404.1. Definition of Responsible Charge for ProfessionalEngineers.

As used in the Professional Engineers Act, the term "responsible charge"directly relates to the span or degree ofcontrol a professional engineer is requiredto maintain while exercising independent control and direction of professionalengineering work, and to the engineering decisions which can be made only by aprofessional engineer.

(a) Span of Control. The span of control necessary to be in responsiblecharge shall be such that the engineer:

(I) Personally makes engineering decisions, or reviews and approvesproposed decisions prior to their implementation, including consideration ofalternatives, whenever engineering decisions which could affect the health, safetyor welfare ofthe public are made. In making engineering decisions, the engineermust be physically present or through the use ofcommunication devices be availablein a reasonable period oftirae.

(2) Judges the qualifications of teciraical specialists and the validity andapplicability of their recommendations before such recommendations areincorporated in the work.

(b) Engineering Decisions. The term "responsible charge" relates toengineering decisions within the purview of the Professional Engineers Act anddoes not refer to management control in a hierarchy of professional engineersexcept as each ofthe individuals in the hierarchy exercises independent engineeringjudgment and thus responsible charge. It does not refer to such administrativeand personnel management firactions as accounting, labor relations, performancestandards, marketing ofservice and goal setting. While an engineer may also havesuch duties in this position, it should not enhance or decrease one's status ofbeing in responsible charge ofthe work. The phrase does not refer to the conceptof financial liability. Engineering decisions which must be made by and are theresponsibility ofthe engineer in responsible charge are those decisions concerningpermanent or temporary work which would create a hazard to life, health, propertyor public welfare, and may include, but are not limited to:

(l) The selection of engineering alternatives to be investigated and thecomparison ofalternatives for engineering works.

(2) The selection or development of design standards or methods, andmaterials to be used.

(3) The selection or development oftechniques or methods oftesting to beused in evaluating materials or completed works, either new or existing.

74

(4) The review and evaluation ofmanufacturing, fabrication or constructionmethods or controls to be used and the evaluation of test results, materials andworkmanship insofar as they affect the character and integrity of the completedwork.

(5) The development and control ofoperating and maintenance procedures.Such engineering decisions are those generally made at the project level or higher.

(c) Responsible Charge Criteria. As a test to evaluate whether an engineer isin responsible charge, the following must be considered: The professional engineerwho sigos engineering documents must be capable ofanswering questions askedby equally qualified engineers. These questions would be relevant to theengineering decisions made during the individual's participation in the project,and in sufficient detail to leave little question as to the engineer's technicalknowledge ofthe work performed. It is not necessary to defend decisions as in anadversary situation, but only to demonstrate that the individual (in responsiblecharge) made them and possessed sufficient knowledge of the project to makethem. Examples of questions to be answered by the engineer could relate tocriteria for design, methods ofanalysis, methods ofmanufacture and construction,selection of materials and systems, economics of alternate solutions, andenvironmental considerations. The individual should be able to clearly define thespan or degree ofcontrol and how it is exercised both within the organization andgeographically and to demonstrate that the engineer is answerable within saidspan or degree of control.

404.2. Definition of Responsible Charge for Land Surveyors.The term "responsible charge" directly relates to the span or degree of

control a licensed land surveyor is required to maintain while exercising independentcontrol and direction of land surveying work, and the land surveying decisionswhich can be made only by a licensed land surveyor.

(a) Span of Control. The span of control necessary to be in responsiblecharge shall be such that the land surveyor:

(I) Personally makes land surveying decisions, or reviews and approvesproposed decisions prior to their implementation, including consideration ofalternatives, whenever land surveying decisions which could affect the health,safety or welfare ofthe public are made. In making land surveying decisions, theland surveyor must be physically present or through the use of communicationdevices be available in a reasonable period oftime.

(2) Judges the qualifications of technical specialists and the validity andapplicability of their recommendations before such recommendations areincorporated in the work.

(b) Land Surveying Decisions. The term "responsible charge" relates toland surveying decisions within the purview ofthe Professional Land Surveyors'Act and does not refer to management control in a hierarchy of those personsauthorized to practice land surveying except as each of the individuals in thehierarchy exercises independent land surveying judgment and thus responsible

75

charge. It does not refer to such administrative and personnel managementfunctions as accounting, labor relations, performance standards, marketing ofservice and goal setting. While a person authorized to practice land surveyingmay also have such duties in this position, it shall not enhance or decrease one'sstatus ofbeing in responsible charge ofthe work. The phrase does not refer to theconcept of financial liability. Land surveying decisions which must be made byand are the responsibility of the land surveyor in responsible charge are thosedecisions concerning permanent or temporary work which would create a hazardto life, health, property or public welfare, and may include, but are not limited to:

(l) Selecting the methods, procedures, and accuracies of field work.Determining calculation and adjustment methods.

(2) Specif'ying the format and information to be shown on maps or documentsfurnished in connection with land surveying. Reviewing the sufficiency andaccuracy of the work product.

(c) Responsible Charge Criteria. As a test to evaluate whether a personauthorized to practice land surveying is in responsible charge, the following mustbe considered: The land surveyor who signs surveying documents must be capableofanswering questions asked by equally qualified land surveyors. These questionswould be relevant to the decisions made during the individual's participation inthe project, and in sufficient detail to leave little question as to the land surveyor'stechnical knowledge ofthe work performed. It is not necessary to defend decisionsas in an adversary situation, but only to demonstrate that the individual inresponsible charge made them and possessed sufficient knowledge ofthe projectto make them. Examples ofquestions to be answered by the land surveyor couldrelate to criteria for design, methods ofanalysis and conclusions made including,but not limited to, the retracement of government surveys, interpretation andconstruction ofdeeds, application ofproportion methods and analysis ofevidencerelated to unwritten property rights. The individual shall be able to clearly definethe span or degree ofcontrol and how it is exercised both within the organizationand geographically and to demonstrate that the land surveyor is answerable withinsaid span or degree of control.

405. Delegation of Certain Functions.(a) Whenever it is stated in these rules that the "Board" mayor shall exercise

or discharge any power, duty, purpose, function, or jurisdiction, the Boardspecifically has reserved the same for its own, exclusive action.

(b) Whenever it is stated the "executive officer" mayor shall exercise ordischarge any power, duty, purpose, function, orjurisdiction, the executive officerof the Board has the authority to act thereon.

(c) Any party in interest may appeal to the Board for review of the actionsand decisions ofthe executive officer.

(d) Nothing herein prohibits the executive officer from redelegating to his!her subordinates as provided in Section 18572 ofthe Government Code.

(e) The power and discretion conferred by law upon the Board to receive

76

and file accusations; issue notices of hearing, statements to respondent andstatements of issues; receive and file notices of defense; determine the time andplace ofhearings under Section 11508 ofthe Govermnent Code, issue subpoenasand subpoenas duces tecum, set and calendar cases for hearing and perform otherfunctions necessary to the businesslike dispatch of the business of the Board inconnection with proceedings under the provisions of Sections 11400 through11529 ofthe Govermnent Code, prior to the hearing ofsuch proceedings; and thecertification and delivery or mailing ofcopies ofdecisions under Section 11518 ofsaid Code are hereby delegated to and conferred upon the executive officer, or tohis/her designee.

407. Fees.(a) All fees required by provisions ofthe code as implemented by the board

shall be transmitted by money order, bank draft, cash or check, payable to theDepartment ofConsumerAffairs, at Sacranaento.

(b) The following is the prescribed application fee for:(I) Authority to use the title "structural engineer" $275(2) Authority to use the title "geotechnical engineer" $275(3) Licensure as a professional engineer $275(4) Licensure as a professional land surveyor $275(5) Certification as an engineer-in-training or as a land

surveyor-in-training $100(c) The two-year biennial renewal fee for a license that expires on or after

July 1, 2003, shall be $150. Thefeefor renewal ofa license that expires on orafter July 1,2005 shall be $100.

(d) The fee for an exanaination appeal filed pursuant to Rule 444 shall be$134.00.

(e) The fee for each retired license shall be $87.50; no renewal fee or other feeshall be charged for the retired license. (As used in this subdivision, "license"includes certificate ofregistration or license as a professional engineer, licensureas a professional land surveyor, and certificates of authority to use the titles"structual engineer," l'geotechnical engineer," "soil engineer." "soils engineer," or"consulting engineer."

(!) Fees required under provisions ofthis rule transmitted through the UnitedStates mail shall be deemed filed on the date shown by the post office cancellationmark stamped on the envelope containing it, or on the date mailed if satisfactoryproof is made that mailing occurred on an earlier date.

(g) Renewal applications filed with the board more than thirty (30) days after12 midnight on the expiration date pursuant to the Professional Land Surveyors'Act and more than sixty (60) days after 12 midnight on the expiration date pursuantto the Professional Engineers Act and not accompanied by the prescribeddelinquent penalty fee equal to 50 percent ofthe renewal fee, shall be returned bythe executive officer with a statement of the reason therefor.

(h) Refund of fees submitted to the Board shall be made only as follows:

77

(I) Any application fees or penalties imposed and collected illegally, bymistake, inadvertence or error shall be refunded in full.

(2) An applicant for licensure as a professional engineer, for licensure as aprofessional land surveyor, for permission to use the title "structural engineer" or"geotechnical engineer," for certification as an engineer~in~training or forcertification as a land surveyor-in-training found not eligible for admission to theexamination requested is entitled to a refund of one-half of the application fee.Upon request, one-halfofthe application fee shall be refunded to the estate of anapplicant who dies prior to taking an examination.

[Amended, effective July 1, 2003}

408. Meetings.(a) The board will meet at times and places within California designated by

the board and shall hold at least two regular meetings each year.(b) Special meetings of the board shall be called from time to time by the

Board president when necessary. Special meetings shall also be called by theexecutive officer upon a written request signed by two board members.

(c) All meetings will be noticed in accordance with the requirements oftheBagley-Keene Open Meeting Act (Government Code section 11120, et seq.).

410. Certificates.(a) Certificates and licenses will be issued in the order in which the applicants

qualifY.(b) A duplicate ofa certificate issued in accordance with Section 6765 ofthe

Professional Engineers Act or Section 8749 of the Professional Land Surveyors'Act shall be issued only to replace one lost, destroyed, or mutilated, upon awritten request accompanied by a fee of $1 0 and an affidavit verifYing the loss,destruction or mutilation of the previous certificate. The affidavit oflost licensemust be submitted on a form provided by the board.

411. Seal and Signature.(a) The seal required by Section 6764 ofthe Code shall be not less than one

and one-half( I v,) inches in diameter and shall contain the following information:(I) Within the top border ofseal: Either "Professional Engineer," "Registered

Professional Engineer," or "Licensed Professional Engineer."(2) Within the bottom border ofseal: "State ofCalifornia."(3) In the center of seal, from top to bottom:(A) Licensee's name as it appears on the certificate issued by the Board or as

abbreviated pursuant to subdivision (d);(B) Number ofcertificate or authority;(C) Expiration date or space within which the expiration date shall be written;

and,(D)Branch or authority ofengineering in which licensed.The seal shall be ofa design similar to those shown below and shall bear at

78

minimum those elements specified above.

IiG''''':~'9'4'~G<'''''='~e~~ ~ !r~~ ~ :.~~"""'" -->l'J:.,4"OI'CAJJ~ ,p~OFCAU~

(b) The seal authorized by Section 8750 of the Code shall be not less thanone and one-half (1 Yz) inches in diameter and shall contain the followinginformation:

(1) Within the top border ofthe seal: Either "Professional Land Surveyor" or"Licensed Land Surveyor."

(2) Within the bollom border ofthe seal: "State ofCalifornia."(3) In the center ofthe seal, from top to bollom:

(A) Licensee's name as it appears on the certificate issued by the Board or asabbreviated pursuant to subdivision (d);

(B) Number ofcertificate;(C) Expiration date or space within which the expiration date shall be wrillen.The seal shall be ofa design similar to those shown below and shall bear at

minimum those elements specified above.

~bSOFC1o\JfI:fi\;~"

(c) The seal may be obtained by the licensee from any source.(d) The seal may contain an abbreviated form ofthe licensee's given name or

a combination of initials representing the licensee's given name provided thesurname listed with the Board appears on the seal and in the signature.

(e) The seal shall be capable ofleaving a permanent ink representation, anopaque and permanent impression, or an electronically-generated representationon the documents. The signature may be applied to the documents electronically.

(I) Preprinting ofblank forms with the seal or signature, the use ofdecals ofthe seal or signature, or the use of a rubber stamp of the signature is prohibited.

(g) (I) All professional engineering plans, specifications, reports, ordocuments (hereinafter referred to as "documents") shall be signed and sealed inaccordance with the requirements ofthe Professional Engineers Act and any otherlaws related to the practice of professional engineering and shall be signed andsealed in a manner such that all work can be clearly attributed to the licensee(s) inresponsible charge ofthe work.

79

(2) All maps, plats, reports, descriptions, or other professional land surveyingdocuments (hereinafter referred to as "documents") shall be signed and sealed inaccordance with the requirements of the Professional Land Surveyors' Act andany other laws related to the practice of professional land surveying and shall besigned and sealed in a manner such that all work can be clearly attributed to thelicensee(s) in responsible charge of the work.

(3) When signing and sealing documents containing work done by or underthe responsible charge of two or more licensees, the signature and seal of eachlicensee in responsible charge shall be placed on the documents with a notationdescribing the work done under each licensee's responsible charge.

(h) Each licensee shall include the date of signing and sealing immediatelybelow or next to the signature and seal.

[Amended effectiveJanuary 31, 2002]

412. Address Change.Each person who is an applicant for, or a holder of, a certificate or license

issued by the Board under provisions of the Professional Engineers Act or theProfessional Land Surveyors' Act shall file hislher address with the Board office.Within thirty (30) days after changing addresses, he/she shall notify the Boardoffice of such change.

415. Practice Within Area of Competence.A professional engineer or land surveyor licensed under the Code shall

practice and perform engineering or land surveying work only in the field or fieldsin which he/she is by education and/or experience fully competent and proficient.Nothing in this regulation shall be construed: (I) to prohibit a professional engineerfrom signing plans which include engineering work in areas other than that inwhich he/she is fully competent and proficient, if such work was performed byother engineers who were fully competent and proficient in such work; (2) toprohibit a professional engineer from performing engineering work or a land surveyorfrom performing land surveying work in areas which involve the application ofnew principles, techniques, ideas or technology; (3) to prohibit a professionalengineer from supervising other engineers or a land surveyor from supervisingother land surveyors who may respectively be performing engineering work orland surveying work in areas other than those in which the supervising professionalengineer or supervising land surveyor is fully competent and proficient; and (4) toprohibit a professional engineer from signing plans which include engineeringwork, portions ofwhich were designed or required by any governmental agency.

416. Substantial Relationship Criteria.For the purpose of denial, suspension, or revocation of the license of a

professional engineer or a land surveyor pursuant to Division 1.5 (commencingwith Section 475) of the Business and Professions Code, a crime or act shall beconsidered substantially related to the qualifications, functions, and duties of a

80

professional engineer or land surveyor if, to a substantial degree, it evidencespresent or potential unfitness ofa professional engineer or land surveyor to perfonuthe functions authorized by his or her license in a manner consistent with thepublic health, safety, or welfare. Such crimes or acts shall include, but not belimited to, those involving the following:

(a) For professional engineers, any violations of the provisions of theProfessional Engineers Act or aiding and abetting any person in such a violation;

(b) For land surveyors, any violations of the provisions of the ProfessionalLand Surveyors' Act or aiding and abetting any person in such a violation;

(c) A conviction ofa crime arising from or in connection with the practice ofprofessional engineering or land surveying.

418. Criteria for Rehabilitation.(a) When considering the denial of an application for licensure as a

professional engineer, or for licensure as a land surveyor, or for authority to usethe title "structural engineer," or for authority to use the title "geotechnicalengineer," under Section 480 of the Code, the board will consider the followingcriteria in evaluating the rehabilitation ofthe applicant and his/her present eligibilityfor such a licensure or Authority cited:

(I) The nature and severity of the act(s) or crime(s) under consideration asgrounds for denial.

(2) Evidence of any act(s) committed subsequent to the act(s) or crime(s)under consideration as grounds for denial which could also be considered asgrounds for denial under Section 480 of the Business and Professions Code.

(3) The time that has elapsed since commission of the act(s) or crime(s)referred to in subdivision (I) or (2).

(4) The extent to which the applicant has complied with any tenus ofparole,probation, restitution, or any other sanctions lawfully imposed against theapplicant.

(5) Any evidence ofrehabilitation submitted by the applicant.(b) When considering the suspension or revocation of the license of a

professional engineer or a land surveyor, under Section 490 ofthe Code, the Boardwill consider the following criteria in evaluating the rehabilitation ofsuch personand his/her present eligibility to retain his/her license:

(I) The nature and severity ofthe act(s) or crime(s) under consideration asgrounds for suspension or revocation.

(2) Evidence of any act(s) committed subsequent to the act(s) or crime(s)under consideration as grounds for suspension or revocation which could also beconsidered as grounds for suspension or revocation under Section 490 of theCode.

(3) The time that has elapsed since commission of the act(s) or crime(s)referred to in subdivision (I) or (2).

(4) The extent to which the licensee has complied with any tenus ofparole,probation, restitution, or any other sanctions lawfully imposed against the license.

81

(5) Any evidence ofrehabilitation submitted by the licensee.(6) Total criminal record.(7) Ifapplicable, evidence ofexpungement proceedings pursuant to Section

1203.4 ofthe Penal Code.(c) When considering a petition for reinstatement of the license of a

professional engineer or a land surveyor, the Board shall evaluate evidence ofrehabilitation submitted by the petitioner, considering those criteria specified insubsection (b).

419. Disciplinary Orders.For violations ofBusiness and Professions Code sections 6775 and/or 8780

which result in an order issued in accordance with Chapters 4.5 and 5 ofPart I ofDivision 3 ofTitle 2 ofthe Government Code against a professional engineeringand/or a professional land surveying license, the following provisions shall applyto disciplinary orders contained in decisions of the Board:

(a) The minimum disciplinary order shall be reprova\. The maximumdisciplinary order shall be revocation ofthe license.

(b) If warranted by extenuating and/or mitigating factors in the matter, thedisciplinary order may be stayed by an express condition that the respondentcomply with probationary conditions. The minimum time period in which therespondent shall have to comply with the conditions shall be two years. Forpurposes of this section, this time period shall be known as the "period ofprobation. If

(c) All decisions containing stayed disciplinary orders as described insubdivision (b) shall include the following probationary conditions:

(I) The respondent shall obey all laws and regulations related to the practicesof professional engineering and professional land surveying.

(2) The respondent shall submit such special reports as the Board mayrequire.

(3) The period ofprobation shall be tolled during the time the respondent ispracticing exclusively outside the state of California. If, during the period ofprobation, the respondent practices exclusively outside the state ofCalifornia, therespondent shall immediately notifY the Board in writing.

(4) If the respondent violates the probationary conditions in any respect,the Board, after giving the respondent notice and the opportunity to be heard, mayvacate the stay and reinstate the disciplinary order which was stayed. If, duringthe period ofprobation, an accusation or petition to vacate stay is filed against therespondent, or if the matter has been submitted to the Office of the AttorneyGeneral for the filing ofsuch, the Board shall have continuing jurisdiction until allmatters are final, and the period ofprobation shall be extended until all matters arefinal.

(5) Upon successful completion of all of the probationary conditions andthe expiration of the period of probation, the respondent's license shall beunconditionally restored.

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(d) All decisions containing stayed disciplinary orders as described insubdivision (b) may include one or more ofthe following probationary conditions:

(I) The respondent's license shall be suspended for a period not to exceedtwo years. Ifa suspension ofthe license is ordered, it shall begin on the effectivedate of the decision.

(2) Within 60 days ofthe effective date ofthe decision, the respondent shaIlsuccessfully complete and pass the California Laws and Board Rules examination,as administered by the Board.

(3) The respondent shall successfully complete and pass a course inprofessional ethics, approved in advance by the Board or its designee. Theprobationary condition shall include a time period in which this course shall besuccessfully completed which time period shall be at least 60 days less than thetime period ordered for the period ofprobation.

(4) Within 30 days ofthe effective date ofthe decision, the respondent shallprovide the Board with evidence that he or she has provided all persons or entitieswith whom he or she has a contractual or employment relationship such that therelationship is in the area ofpractice ofprofessional engineering and/or professionalland surveying in which the violation occurred with a copy of the decision andorder ofthe Board and shall provide the Board with the name and business addressofeach person or entity required to be so notified. During the period ofprobation,the respondent may be required to provide the same notification to each newperson or entity with whom he or she has a contractual or employment relationshipsuch that the relationship is in the area of practice of professional engineeringand/or land surveying in which the violation occurred and shall report to theBoard the name and address of each person or entity so notified.

(5) The respondent shall provide verifiable proofto the Board.that restitutionhas been paid as ordered. TI,e probationary condition shall include a time periodin which the verifiable proofshall be provided to the Board which time period shallbe at least 60 days less than the time period ordered for the period ofprobation.

(e) In addition to the conditions as may be ordered pursuant to subdivisions(c) and/or (d), the following conditions shall be included for the following specificviolations:

(I) Incompetency in the practice of professional engineering and/orprofessional land surveying:

(A) The respondent shall successfully complete and pass, with a grade of"C" or better, a minimum ofone and a maximum of three college-level courses,approved in advance by the Board or its designee. Such courses shall bespecifically related to the area of violation. For purposes of this subdivision,"college-level course" shall mean a course offered by a community college or afour-year university of three semester units or the equivalent; "college-levelcourse" does not include seminars. The probationary condition shall include atime period in which the course(s) shall be successfully completed which timeperiod shall be at least 60 days less than the time period ordered for the period ofprobation.

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(B) The respondent shall take and achieve the passing score as set by theBoard for the second division examination (including the seismic principles andengineering surveying examinations for civil engineers), provided that in the eventthe respondent holds multiple licenses, the Board shall select the examination inthe area ofpractice ofprofessional engineering and/or professional land surveyingin which the violation occurred and in the area ofprofessional engineering and/orprofessional land surveying in which the respondent is licensed. The Board or itsdesignee may select the specific examination questions such that the questionsrelate to the specific area of violation and comprise an examination of the sameduration as that required of an applicant for licensure. The respondent shall berequired to pay the application fee as described in Section 407 and shall be affordedall examination appeal rights as described in Sections 407, 443, and 444. Theprobationary condition shall include a time period in which the examination(s)shall be successfully completed which time period shall be at least 60 days lessthan the time period ordered for the period ofprobation.

(C) During the period ofprobation, the respondent may practice professionalengineering and/or professional land surveying only under the supervision of aprofessional engineer and/or professional land surveyor licensed in the samebranch as the respondent. This person or persons shall be approved in advanceby the Board or its designee. Such supervising professional engineer and/orprofessional land surveyor shall initial every stamped or sealed document in closeproximity to the respondent's stamp or seal.

(2) Negligence in the practice ofprofessional engineering and/or professionalland surveying:

(A) The respondent shall successfully complete and pass, with a grade of"e" or better, a minimum ofone and a maximum of three college~level courses,approved in advance by the Board or its designee. Such courses shall bespecifically related to the area of violation. For purposes of this subdivision,"college-level course" shall mean a course offered by a community college or afour-year university of three semester units or the equivalent; "college-levelcourse" does not include seminars. The probationary condition shall include atime period in which the course(s) shall be successfully completed which timeperiod shall be at least 60 days less than the time period ordered for the period ofprobation.

(3) Violation and/or breach of contract in the practice of professionalengineering and/or professional land surveying:

(A) The respondent shall successfully complete and pass, with a grade of"e" or better, a minimum ofone and a maximmn of three college~level courses,approved in advance by the Board or its designee. Such courses shall bespecifically related to the area of violation. For purposes of this subdivision,"college-level course" shall mean a course offered by a community college or afour-year university of three semester units or the equivalent; "college-levelcourse" does not include seminars. The probationary condition shall include atime period in which the course(s) shall be successfully completed which time

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period shall be at least 60 days less than the time period ordered for the period ofprobation.

(4) Failure to file a record ofsurvey and/or comer record in the practice ofprofessional land surveying:

(A) For any records ofsurvey and/or cornerrecords found not to have beenfiled and recorded, the respondent shall file or record, as appropriate, the requiredrecord(s) with the appropriate governmental agency within 90 days ofthe effectivedate ofthe decision. The respondent shall provide the Board with verifiable proofthat the required record(s) have been filed or recorded, as appropriate, by thegovernmental agency within 30 days of such filing or recordation. If an actualsuspension ofthe respondent's license is ordered as a probationary condition, therecord(s) required by this subdivision shall be the only professional land surveyingwork the respondent is allowed to perfoma during the suspension.

(I) If the respondent is a civil engineer who is legally authorized to practiceprofessional land surveying and the violation involves negligence and/orincompetency in the practice of professional land surveying and if warranted byaggravating factors in the matter, the disciplinary order shall include the followingcondition:

(I) The existing civil engineer license shall be revoked; a new civil engineerlicense shall be issued which does not authorize the respondent to practiceprofessional land surveying. Before being pemaitted to practice professional landsurveying, the respondent shall complete and comply with all of the legalrequirements for licensure as a professional land surveyor, including, but notlimited to, supplying the appropriate application documents and fees and takingand passing the entire second-division examination in professional land surveying.

In addition to the disciplinary orders described in this section, all decisionsshall address recovery of the Board's investigation and enforcement costs, asdescribed in and authorized by Business and Professions Code section 125.3.

Notwithstanding this section, non-confomaing temas and conditions may beincluded as part of the disciplinary order, including such other further or lesseraction as the Board deems appropriate, in the interest of protecting the publichealth, safety, and welfare. As used in this section, "license" includes certificateof registration or license as a professional engineer, licensure as a professionalland surveyor, and certificates of authority to use the titles "structural engineer,""geotechnical engineer," "soil engineer," "soils engineer," or l'consulting engineer.n

Article 2. Applications

420. Applications.(a) Applications for certification, for licensure, or for a certificate ofauthority

shall be:(I) Filed on a form prescribed by the executive officer and shall be typewritten.(2) Filed at the office of the Board and accompanied by the required

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application fee.(3) Made out properly in every respect and must contain full information.(4) Subscribed and certified to "under penalty of perjury" as provided by

Section 2015.5 ofthe Code ofCivil Procedure.(b) An application made otherwise will not be accepted by the Board and it

may be returned by the executive officer with a statement of the reason therefor.(c) Upon evaluation of the applicant's qualifications, hislher examination

results and any other supporting data, hislher application will be either:(I) Denied without prejudice, and the application fee retained by the Board

for the Professional Engineers' Fund.(2) Approved, and he/she will be granted the certification for which application

wasmade.(d) The Board may request each applicant to provide the Board with a current

photograph after an applicant has become licensed.

421. Refile Application.(a) The executive officer may prescribe a short application form for use of

those applicants who, failing an examination, apply within a reasonable period oftime after the date ofthe examination previously failed, for re-examination. Thisapplication form may be known as a refile application form. The applicant and hisapplication for re-examination shall be subject to the same provisions ofthe codeand rules of the board, whenever applicable, as govern the filing of an originalapplication.

(b) The applicant for re-examination shall be assigned by the executive officerto the next scheduled examination for which hislher application qualifies himlher.

422. Final Filing Date.(a) An application filed with the board after the final filing date announced

for an examination shall not be considered for such examination.(b) Whenever the final filing date armounced for an examination falls upon a

Saturday, Sunday or holiday, it shall be extended to the next business day following.(c) Ifan application is filed with the board through the United States mail, it

shall be deemed filed on the date shown by the post office cancellation markstamped on the envelope containing it, or on the date mailed if satisfactory proofis made that the mailing occurred on an earlier date.

424. Experience Requirements· Professional Engineers(a) The branches and title authorities described in Section 404, herein, overlap

and some activities are conunon to two or more branches and title authorities. Theminimum number ofyears ofqualifYing experience in such overlapping branchesand title authorities may be used in securing licensure in any applicable branch ortitle authority but carmot be used more than once. The only exception to this isexperience credit for education and experience credit used to qualifY for the landsurveyor examination. QualifYing education entitles a candidate to experiencecredit and this experience credit can be used again even though it has already been

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used to qualifY for another examination.(b) An applicant for licensure as a professional engineer shall be granted

four years experience credit for graduation from an approved engineering curriculum;or, two years experience credit for graduation from a nonapproved engineeringcurriculum or an approved engineering technology curriculum. The additionalactual work experience required to meet the six years experience requirement shallhave been gained after graduation, except for cooperative work-study experience.A maximum offive years experience credit shall be granted for graduation from acooperative work-study engineering curriculum accredited by the AccreditationBoard for Engineering and Technology (ABET).

A graduate of an approved postgraduate engineering curriculum shall begiven one year of additional experience credit over and above credit given forundergraduate education.

Incomplete undergraduate engineering education at an approved institutionshall be given one-halfyear ofexperience for each year of study completed.

The sum of qualifYing experience credit for education and engineeringteaching experience shall not exceed five years.

(c) QualifYing experience is that experience satisfactory to the Board whichhas been gained while performing engineering tasks under the direction ofa personlegally qualified to practice in an applicants' branch ofengineering.

(1) For the purposes of this section, "legally qualified" means having anappropriate license as a professional engineer; or, being an employee ofthe FederalGovernment; or, except for civil engineers, by virtue of being an employee of amanufacturing, mining, public utility, research and development, or other industrialcorporation,; or by holding an appropriate license as a contractor.

(2) QualifYing experience shall be computed on an actual time worked basis,but not to exceed forty hours per week.

(3) Applied engineering research is an engineering task for the purposes ofdetermining qualifYing experience.

Computation ofqualif'ying experience for licensure as a professional engineer,or for authority to use the title "structural engineer" or "geotechnical engineer"shall be to the date offiling ofthe application; or it shall be to the final filing dateannounced for the examination if the application is filed within a period ofthirty(30) days preceding the final filing date announced for such examination.

(Amended, effective February 24, 2001)

424.5. Reinstatement Requirements for Delinquent Applicants.(a) A license which has not been renewed within the time required under

Business and Professions Code section 6796.3 or 8803 is considered delinquentand, except as provided in subdivision (c), shall be reinstated if the applicantcomplies with the following:

(1 )Submits evidence satisfactory to the bBoard that the applicant is qualifiedin the branch for which he or she is applying. This evidence shall consist of:

(A)A completed, typewritten application on a form as specified in Section 420

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accompanied by the required application fee as specified in Section 407(b)(I )-(4).(B)Comp1eted appropriate reference forms as specified in Sections 427.10,

427.20, or 427.30. The snbmission ofa reference which states that the applicant isnot technically qualified to be licensed shall be grounds for denial.

(2)Takes and passes the examination on the applicable state laws and boardregulations as specified in Business and Professions Code section 6755.2 or 8741.1.

(3)Takes and passes examinations on seismic principles and engineeringsurveying, if he or she is a civil engineering applicant whose initial registrationwas issued prior to January 1, 1988.

(4)Pays all accrued and unpaid renewal fees.(5)Has not committed any acts or crimes constituting grounds for denial of

licensure under Business and Professions Code section 480.(b)An applicant who is unable to submit evidence satisfactory to the bBoard

that he or she is qualified as provided in subdivision (a)(I) shall take and pass theappropriate second division examination or the appropriate title authorityexamination in addition to the requirements specified in subdivision (a)(2)- (5)prior to reinstatement of the delinquent license.

(c)Notwithstanding subdivisions (a) and (b), the Board may pursue action,including but not limited to revocation or suspension of the license pursuant toBusiness and Professions Code sections 6775, 6776, 8780, and 8781, issuance ofacitation containing an order to pay an administrative fine pursuant to Sections 473through 473.4, filing of criminal charges pursuant to Business and ProfessionsCode sections 6787 and 8792, and denial of the application pursuant to Section420, against the applicant ifevidence obtained during an investigation reveals thatthe applicant has violated any provision of the Business and Professions Code,the California Code ofRegulations, or other applicable laws and regulations relatedto the practices ofprofessional engineering or professional land surveying duringthe period ofdelinquency, including, but not limited to, practicing or offering topractice with an expired or delinquent license.

(d)The application response timeframe is as specified in Section 470(a).(e)The Board's time period for processing an application from receipt ofthe

initial application to the fmal decision regarding issuance or denial oflicensure isas specified in Section 471.

As used in this section, '1license" includes certificate of registration as aprofessional engineer, licensure as a professional land surveyor, and certificatesof authority to use the title "structural engineer," "soil engineer," or "consultingengineer."

[Effective January 1, 2000]

425. Experience Requirements· Professional Land Surveyors.(a) An applicant for licensure as a professional land surveyor shall fulfill the

educational and experience requirements contained in Sections 8741 and 8742 ofthe Code.

(b) All qualifYing work experience in land surveying shall be performed

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Wlder the direction and review of a person legally authorized to practice landsurveying. An applicant shall possess at least two years of actual responsibletraining experience in land surveying which shall involve at least four ofthe landsurveying activities specified in subdivisions (a) -(g) and (k) - (m) ofSection 8726of the Code. QualiJYing experience in activities specified in subdivision (a), (b),and (m) ofSection 8726 shall not exceed one year. QualiJYing experience shall becomputed on an actual time worked basis, but not to exceed forty hours per week.

(c) An applicant shall be credited with qualiJYing experience for postsecondary education that may be applied to the six years necessary for admissionto the professinalland surveyor examination. Agraduate from a four-yearcirriculumwith an emphasis in land surveying accredited by the Accreditation Board forEngineering and Technology (ABET) shall be given four years experience credit.A graduate ofa curriculum with an emphasis in land surveying not accredited byABET shall be given two years experience credit. Incomplete Wldergraduateeducation in land surveying at an institution accredited by ABET shall be givenone-half year of experience for each year of study completed, except that themaximum of such experience credit shall be two years per applicant. A year ofstudy shall be a least 32 semester Wlits or48 quarter units, no less than 10 semesterWlits or 15 quarter WlitS ofwhich shall be from classes clearly identified as beingland surveying subjects. A maximum offive years experience shall be credited forgraduation from a cooperative work-study land surveying curriculum accreditedby the Accreditation Board for Engineering and Technology (ABET).

(d) For purposes of Section 8742 of the Code, the term "responsible fieldtraining" experience may include, but is not limited to, the land surveying activitieslisted below.

Under the responsible charge, direction, and review of a person legallyauthorized to practive land surveying, the applicant:

(I) Determines field survey methods and procedures, including selection ofaccuracy standards.

(2) Selects or verifies that the correct control monumentation is used toestablish the designated survey datum(s) (horizontal and vertical) and selects onthe-ground locations for control monuments.

(3) Determines the relevance ofmonuments and physical field evidence forthe purpose of establishing bOWldary and property lines.

(4) Reviews measurement observations for the determination of accuracy,completeness, and consistency.

(5) Reviews field notes and records for application of proper field surveyprocedures.

(6) Plans, performs, and reviews field checks and, based on such checks,determines if completed field surveys are accurate and sufficient.

(7) Searches for bOWldary and control monuments; assists in analyzing fieldevidence for locating bOWldary points and lines; identifies and describes suchevidence; compares record data to fOWld physical evidence; compares recorddata to measured data, documents discrepancies; assists in acquiring and

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documenting testimony regarding boundary locations; recommends boundarylocation and/or establishment; selects or verifies that the correct controllingmonuments are used to locate or establish boundary points and lines; and preparesdraft record documents.

(8) Coordinates the fieldwork necessary to prepare maps, plats, reports,descriptions, or other documents.

(9) Recommends when exisiting boundary monuments are to be replaced,selects the methodes) to be used for replacing and resetting monuments, andprepares field documentation of such work, including that necessary for ParcelMaps, Final Maps, Record ofSurvey Maps, and Corner Records.

(10) Functions as a party chief, chiefofparties, or lead person in charge offield crew(s) in the performance offield surveys.

(11) Plans and performs field observations using Global Positioning Systemtechnology and determines if completed field surveys are accurate and sufficientin geodetic and land surveying applications.

(12) Performs surveys to facilitate the location or construction ofinfrastructureand fixed works ofimprovement.

The enumeration of the above tasks does not preclude the Board fromawarding "responsible field training" credit for training ofa similar ofcharacter inother current offuture land surveying activities not specifically enumerated herein.It is also understood that the listed tasks are only some of those that may beconsidered as responsible training, and that this list is not in any way intended toenumerate all ofthe tasks which may be performed by licensed Professional LandSurveyors.

(e) For purposes of Section 8742 ofthe Code, the term "responsible officetraining" experience may include, but is not limited to, the land surveying activitieslisted below.

Under the responsible charge, direction, and review of a person authorizedto practice land surveying, the applicant:

(I) Performs the planning and analysis necessary for the prepartaion ofsurvey documents, such as Parcel Maps, Final Maps, Record of Survey Maps,Corner Records, legal descriptions, topographic maps, plat maps, lot lineadjustments, annexations, and boundary line agreements.

(2) Reduces and evaluates field data.(3) Develops procedures and systems for the collection, reduction,

adjustment, and use ofland surveying data.(4) Prepares data to be used by field surveyors or field crews.(5) Coordinates the processing ofmaps, plats, reports, descriptions, or other

documents with local agencies, other licensed land surveyors, or County SurveyorsOffices.

(6) Coordinates the office work necessary to prepare maps, plats, reports,descriptions, or other documents.

(7) Coordinates survey and design efforts for improvement plans as requiredfor sufficiency to enable proper location ofimprovements in the field.

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(8) Researches public and private records to obtain survey and title data.(9) Perfonns boundary analysis and detennination using record descriptions,

survey, and title data.(10) Plans and coordinates the application of Global Positioning System

technology for geodetic and land surveying applications.(11) Plans, coordinates, peforms, and reviews the entry ofproperty boundary

related geo-referenced data into an electronic database.(12) Prepares topographic mapping utilizing photogrammetric methods.The enumeration of the above tasks does not preclude the Board from

awarding "responsible office training" credit for training ofa similar character inother current or future land surveying activities not specifically enumerated herein.It is also understood that the listed tasks are only some of those that may beconsidered as responsible training, and that this list is not in any way intended toenumerate all of the tasks which may be perfonned by licensed professional landsurveyors.

(1) Computation ofqualif}dng experience for a license as a professional landsurveyor shall be to the date of filing of the application, or it shall be to the finalfiling date announced for the examination if the application is filed within a periodofthirty (30) days preceeding the final filing date announced for such examination.

(g) An applicant for licensure as a land surveyor who holds a valid andunexpired registration or license as a civil engineer is exempt from the applicationrequirements ofthis section provided he or she submits sufficient documentationthat he or she has a miniumum oftwo years ofactual experience in land surveyingas required by Business and Professions Code Section 8742 (a)(3).

(Added, effective February 24, 2001)

426.10. Qualification Requirements for Structural Authority.An applicant for authority to use the title "structural engineer" shall comply

with all ofthe following requirements:(a) The applicant shall hold an unexpired, valid California license as a civil

engineer.(b) The applicant shall submit evidence satisfactory to the Board that the

applicant has been in responsible charge of structural engineering qualif'yingexperience for a minimum of three years subsequent to the date of examinationwhich was passed to gain California license as a civil engineer or as provided inSection 426.14.

426.11. Qualifying Experience for Structural Authority."Structural Engineering qualif'ying experience" is defined as acceptable

professional practice in responsible charge of structural engineering projects asrelated to buildings (or other structures) and shall include structural designexperience in all areas as specified in subdivisions (a)-(1) below because the stabilityof a structure is dependent upon the interaction of the individual structuralcomponents as well as the structure as a whole:

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(a) Common Construction Materials - Steel, Concrete, Wood and Masonry:A structural engineer shall have experience in the use ofthree ofthe four commonconstruction materials ofsteel, concrete, wood, and masonry as they relate to thedesign, rehabilitation and/or investigation of buildings (or other structures);

(b) Determination of Lateral Forces: A structural engineer shall haveexperience regarding structural design to resist lateral forces;

(c) Selection ofFraming Systems: A structural engineer shall have experienceregarding the selection of framing systems, including the consideration ofalternatives and the selection of an appropriate system for the interaction ofstructural components to support vertical and lateral loads;

(d) Selection of Foundation Systems: A structural engineer shall haveexperience in the selection offoundation systems, including the consideration ofalternatives and the selection of an appropriate type of foundation system tosupport the structure;

(e) Application of Code Requirements: A structural engineer shall haveexperience in applying local, state and federal requirements relating to designloads, materials, and detailing; and

(f) Multi-story Buildings or Equivalent Multi-level Structures: A structuralengineer shall have experience with the design and detailing for the transfer offorces between stories in multi-story buildings. A multi-story building is a buildingwhich is more than one story in height and which is not exempted pursuant toSection 6737.1 ofthe code.

426.12. Experience for Checking Structural Plans.The Board shall consider the following experience as structural engineering

qualifying experience, in lieu of that experience defined in Section 426.11:Professional level employment performing the checking ofstructural engineeringplans and calculations, when performed under the immediate supervision of, andcertified to by, either a civil engineer who holds a valid California license with theauthority to use the title "structural engineer" in this state or a ProfessionalEngineer who is authorized to use the title "structural engineer" registered orlicensed outside of this state but registered or licensed in a state which has acomity agreement with the State of California related to structural engineering.However, an applicant who applies for authority to use the title "structural engineer"under this section shall furnish the Board with a verification ofemployment fromeach employer which lists the name(s) ofthe immediate supervisor ofthe applicantduring the period ofemployment used as qualifying experience under this section.

426.13. Supplemental Evidence of Responsible Charge forStructural Authority.

(a) The board shall consider the following as supplemental evidence, ifsubmitted for consideration, to assist in determining whether an applicant forstructural authority possesses the requisite three (3) years ofstructural engineeringqualifying experience at the level of responsible charge as required in Section

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426.10 and defined in Sections 426.11 and 426.12:(I) Project management experience:(A) Coordination with other disciplines such as civil, electrical and mechanical

engineers and/or architects;(B) Production of construction document packages such as calculations,

drawings and specifications; and,(C) Supervision and/or coordination ofstaff.(2) Field experience:(A) Familiarity with techniques, methods and means ofconstruction;(B) Field observation of construction for compliance to drawings and

specifications; and,(C) Field investigation of existing structures for evaluation or forensic

purposes.(b) Notwithstanding subsections (a)(l) and (a)(2), other types ofexperience

deemed equivalent to project management or field experience may be consideredon a case-by-case basis to assist in determining whether an applicant possessesthe three (3) years of structural engineering qualifYing experience at the level ofresponsible charge as required in Section 426.1 O.

(c) Any experience submitted pursuant to this section shall not be consideredas a substitute for the mandatory types of qualifYing experience required bySection(s) 426.11 and/or 426.12.

426.14. Experience for Structural Engineering Gained Out of State.(a) The Board may consider an application for authority to use the title

"structural engineer" from an applicant who does not possess three (3) years ofqualifYing experience subsequent to the date ofthe examination which was passedto gain licensure as a California civil engineer but who possesses experienceequivalent to that provided in Section 426.11 based upon either:

(I) A minimum of three (3) years of structural engineering qualifYingexperience gained after the applicant's registration or licensure as civil engineer inanother state.

(2) A minimum of three (3) years of structural engineering qualifYingexperience which was gained while exempt from licensure pursuant to Section 6739ofthe Code or while employed or registered or licensed in another country. Suchexperience shall be in addition to the experience required for licensure as a civilengineer in this state.

(b) Applicants seeking approval of their structural engineering qualifYingexperience, pursuant to this section, shall file their application at least six monthsprior to the fmal filing deadline to be considered for the next scheduled examination.Applicants may be required to appear for an interview regarding their structuralengineering qualifYing experience.

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426.50. Qualification Requirements "Soil Engineer"An applicant for authority to use the title "soil engineer" shall:(a) Hold an unexpired, valid California license as a civil engineer.(b) Submit evidence satisfactory to the Board that the minimum number of

years of qualifying experience or education has been met as required in Sections6736.1(b) and 6763 ofthe Code and as defined in Section 426.51, subsequent to thedate of examination which was passed to gain licensure as a civil engineer. Inaddition, up to one year credit as qualifying experience in responsible charge willbe given for possession ofpost graduate degree(s) from a Board approved schoolofengineering with major studies in soil engineering as listed in Section 426.51(c).Credit for post graduate degree(s) will not be given ifit has already been applied tothe experience requirement for civil engineering licensure.

426.51. Qualifying Experience for "Soil Engineer.""Qualifying experience" means responsible charge of soil engineering

projects. Evidence shall be provided that the applicant has qualifying experiencein the areas described in subdivisions (a), (c) and (e) and has demonstrated workingknowledge in the areas described in subdivisions (a) through (e). At least one-halfofthe applicant's annual full-time professional practice shall be in soil engineering,except that a teacher ofsoil engineering and related courses at a board approvedschool of engineering will be given credit for applicable consulting work as apercentage of equivalent full-time work. Applicable consulting work shall besubstantiated by references and project documents.

(a) Development ofprograms ofgeotechnical investigation which includes,but is not limited to:

(I) Communication with other design consultants to determine theirgeotechnical input needs;

(2) Performance of literature searches, site history analyses, etc., related tosurface and subsurface conditions;

(3) Formulation or engineering evaluation offield exploration and laboratorytesting programs to accomplish the scope of the investigation;

(4) Preparation or engineering evaluation of proposals.(b) Performance ofgeotechnical field and laboratory studies which includes,

but is not limited to:(I) Direction and/or modification offield exploration programs, as required

upon evaluation of the conditions being encountered;(2) Classification and evaluation ofsubsurface conditions.(3) Understanding the purposes for and being qualified to perform routine

field and laboratory tests for:(A) soil strength(B) bearing capacity(C) expansion properties(D) consolidation characteristics(E) soil collapse potential

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(F) erosion potential(G) compaction characteristics(H) material acceptability for use in fill(1) pavement support qualities(l) freeze-haw properties(K) grain-size(L) permeability/percolation properties(c) Analysis of geotechnical data and engineering computations which

includes, but is not limited to:(I) Analysis offield and laboratory test results regarding:(A) soil strength(B) bearing capacity(C) expansion properties(D) consolidation characteristics(E) soil collapse potential(F) erosion potential(G) compaction characteristics(H) material acceptability for use in fill(1) pavement support qualities(1) freeze-thaw properties(K) grain-size(L) permeability/percolation properties(M)ground water conditions(N) soil dynamic properties(2) Performance of computations using test results and available data

regarding:(A) bearing capacity(B) foundation type, depth, dimensions(e) allowable soil bearing pressures(D) potential settlement(E) slope stability(F) retaining systems(G) soil treatment(H) dewatering/drainage(1) floor support(1) pavement design(K) site preparation(L) fill construction(M)liquefaction potential(N) ground response to seismic forces(0) ground water problems; seepage(P) underpinning(d) Performance or engineering evaluation ofconstruction, postconstruction

and site monitoring which includes, but is not limited to:

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(I) Performance or supervision of geotechnical testing and observation ofsite grading;

(2) Analysis, design and evaluation ofinstrumentation programs to evaluateor monitor various phenomena in the field, such as settlement, slope creep, porewaterpressures and ground water variations;

(3) Geotechnical observation during construction and/or installation,including but not limited to, spread foundations, drilled piers, piles, slurry walls,anchors, bulkheads, shoring, underpinning and subdrains;

(4) Engineering evaluation ofsoil related distress.(e) Preparation or engineering evaluation of geotechnical reports which

includes, but is not limited to:(I) Preparation ofappropriate plans, logs, test results and other exhibits;(2) Documentation of testing and observation;(3) Preparation of written reports which present findings, conclusions and

recommendations of the investigation;(4) Preparation of specifications and guidelines for achieving the intent of

subdivision (e)(3), above.

427.10. References for Professional Engineers and Land Surveyors.To assist the Board in evaluating qualifications, each applicant shall submit

completed reference forms, using form 0lA-IB (Rev. 2/86) for professional engineersand using form 0lA-19 (Rev. 5/86) for professional land surveyors, from as manyreferences as may be consistent with the length and character of the professionalexperience; provided the applicant shall not furnish less than the number ofreferences required hereafter:

(a) An applicant for a license as a professional land surveyor or as aprofessional engineer shall refer to not less than four persons who are authorizedto practice in the discipline for which the applicant is applying and who havepersonal knowledge of the applicant's qUalifying experience, none of whom is arelative either by birth or marriage.

(b) Nothing herein contained shall be construed to limit authority of theBoard to seek such other information pertinent to the education and experience ofthe applicant as may be required to verify his or her qualifications. The Board maywaive the requirement that only registered or licensed individuals give referencesfor applicants in disciplines other than civil engineering or land surveying whenthe applicants have no association with registered or licensed individuals in theirwork environment.

427.20. Reference Requirements for "Soil Engineer."(a) An applicant for authority to use the title "soil engineer" shall submit at

least four completed reference forms from individuals who hold or held current,valid, unexpired California licenses as civil engineers during the time of theapplicant's experience. None ofthe references shall be related to the applicant bybirth or marriage. At least two ofthese individuals shall be civil engineers who are

96

or were actively engaged in the practice of"soil engineering." Each civil engineerproviding a reference shall clearly indicate areas of personal knowledge of theapplicant's qualifYing experience. Reference forms completed by civil engineersregistered or licensed outside ofCalifornia, in lieu ofor in addition to Californiareferences, will be considered; however, the Board may require additionalinformation as specified in Section 427.20(d). Reference forms completed by civilengineers registered or licensed outside ofthe State ofCalifornia shall be notarized.Information submitted by references is confidential.

(b) Notwithstanding Section 427(a), a reference form shall be submitted foreach period of qualifYing experience listed on the engagement record form forwhich the applicant desires credit.

(c) An applicant will be required to verifY employment inclusive dates foreach period ofqualifYing experience. Employment verification forms may be usedfor this purpose.

(d) Nothing contained in this section shall limit the authority ofthe Board torequire that an applicant submit additional references, employment verificationsand other information pertinent to education or experience to verifY that theapplicant has met the minimum qualifications as defined in Sections 6736.1(a) and(c) ofthe Code and Sections 426.50 and 426.51.

427.30. References for Structural Authority.(a) An applicant for authority to use the title "structural engineer" shall

submit at least three completed reference forms, using form 01A-9 (Rev. 6/86), fromindividuals who hold current, valid California licenses as civil engineers, and whoare authorized by the Board to use the title "structural engineer," or equivalentthereto, none of whom is related to the applicant by birth or marriage. Eachreference shall have personal knowledge ofthe applicant's qualifYing experienceand shall have examined the applicant's work. It is preferred that at least one ofthereferences has been a direct supervisor for a period of not less than six months.

(b) "Equivalent thereto" as used in this section, means a professional engineerwho is authorized to use the title "structural engineer" in a state which has acomity agreement with this state related to "structural engineering." Referenceforms completed by a "structural engineer" registered outside of this state butregistered or licensed in a state which has a comity agreement with the State ofCalifornia shall be notarized.

(c) Nothing contained in this section shall limit the authority ofthe Board torequire that an applicant submit additional references, employment verificationsand other information pertinent to the applicant's education and/or experience toverify that the applicant meets the minimum qualifications as defined in Sections426.10,426.11 and/or426.13.

428. Abandoned Applications.In the absence of special circumstances any of following actions by an

applicant for certification or licensure shall be considered to constitute

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abandonment ofthe application and shall result in cancellation of the applicationwith no refund ofthe filing fee:

(a) Failure to provide additional information or references within 90 daysfollowing the mailing ofa request by the Board's staff; or

(b) Failure to complete that examination to which the application has beenassigned within two (2) years from the date offiling ofthe application; or

(c) Failure to appear for examination at the designated time and place unlessa postponement has been obtained in accordance with Rule 446; or

(d) Failure to appear for examination at the designated time and place afterhaving obtained two postponements.

429. Application Appeal.(a) An applicant who is notified by the board that hislher application has

been denied may appeal to the board for re-evaluation of his/her application. Anapplication appeal shall be filed with the board within 60 days after the date thedenial notice has been mailed to himlher.

(b) An application appeal shall be made in writing and shall state the reasontherefor. An appeal shall be supported by additional evidence, more references,affidavits, and supplemental information such that the board may be better informedofthe applicant's qualifications.

(c) The executive officer may deny an application appeal which is not filedwithin the time period provided in paragraph (a) ofthis rule.

(d) The executive officer shall notifY each applicant who appeals under thisrule ofthe approval of hislher appeal, or the reason for its denial.

(e) When an application has been denied, the executive officer shall alsonotifY the applicant that he or she has the right to hearing under the AdministrativeProcedure Act (Government Code Section 11500 et seq.), ifhe or she makes awritten request for hearing within 60 days after service ofthe notice ofdenial.

Article 3. Examinations

436. Schedule of Regular Written Examinations.(a) Written examinations shall be given at intervals as determined by the

board but not less than once each year.(b) The executive officer shall publish annually, not later than three months

prior to the end ofeach calendar year, a schedule ofexaminations for the followingyear.

(c) Whenever circumstances warrant such action the board may postpone,advance, or otherwise change without notice the examination schedule previouslypublished.

98

437. Individual Examination.(a) Individual examinations for licensure, certification, or authorization shall

be either oral or written or a combination of both, in the discretion of the Board.They may be held at times and places convenient to the Board.

(b) An applicant for licensure as a professional engineer or as a land surveyorwill be considered for assigmnentto an individual examination provided his/herqualifications meet all the requirements of the code and rules of the Board andprovided he/she holds a valid registration or license as a professional engineer asa land surveyor in another state, in the same branch in which he/she is applying;such registration or license having been obtained by passing written examinationsofcomparable standard to those examinations required in California.

(c) An applicant for authority to use the title "structural engineer" may beconsidered for the individual examination only if he/she has passed a 16-hourexamination in another state which the Board may deem equivalent to the writtenexamination for structural authority given in California. This 16-hour examinationshall have been in addition to the regular examination series for registration orlicensure as a professional engineer, and shall have contained significant emphasison seismic design and lateral load considerations.

438. Waiver of Fundamentals Examination.(a) An applicant for licensure as a professional engineer whose qualifications

meet all requirements ofthe code and rules ofthe Board will be allowed to appearfor only the second division ofthe written examination prescribed by Section 6755ofthe Code ifhe/she meets one or more ofthe following requirements:

(I) Holds valid licensure as a professional engineer in another branch inCalifornia.

(2) Holds valid certification as an engineer-in-training in another stateobtained by passing a written examination which normally requires a minimum ofeight hours to complete and the content ofthe examination is designed to test thecandidates knowledge offundamental engineering subjects, including mathematicsand the basic sciences.

(3) Is a graduate of an approved engineering curriculum and submitssatisfactory evidence to the board that he/she has fifteen (IS) years or more ofadditional engineering work experience satisfactory to the Board that has beengained in addition to graduation, or any other education experience, and whileperforming engineering tasks under the direction ofa person legally authorized topractice in an applicants' branch ofengineering.

(4) Is a graduate of a nonapproved engineering curriculum or an approvedengineering technology curriculum and submits satisfactory evidence to the Boardthat he/she has seventeen (17) years or more of additional engineering workexperience satisfactory to the Board that has been gained in addition to graduation,or any other education experience, and while performing engineering tasks underthe direction ofa person legally authorized to practice in an applicants' branch ofengineering.

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(5) Is a graduate of an approved engineering curriculum and an approvedpostgraduate engineering curriculum and submits satisfactory evidence to theboard that he/she has fourteen (14) years or more ofadditional engineering workexperience satisfactory to the Board that has been gained in addition to graduation,or any other education experience, and while performing engineering tasks underthe direction ofa person legally authorized to practice in an applicants' branch ofengineering.

(6) Is a graduate of a nonapproved engineering curriculum or an approvedengineering technology curriculum and an approved postgraduate engineeringcurriculum and submits satisfactory evidence to the Board that he/she has sixteen(16) years or more of additional engineering work experience satisfactory to theBoard that has been gained in addition to graduation, or any other educationexperience, and while performing engineering tasks under the direction ofa personlegally authorized to practice in an applicants' branch ofengineering.

(b) An applicant for licensure as a land surveyor whose qualifications meetall requirements ofthe code and rules of the Board will be allowed to appear foronly the second division ofthe written examination prescribed by Section 8741 ofthe Code ifhe/she meets one or more ofthe following requirements:

(I) Holds valid licensure as a professional civil engineer in California.(2) Holds valid certification as an engineer-in-training obtained by passing a

written examination which normally requires a minimum ofeight hours to completeand the content ofthe examination is designed to test the candidate's knowledgeoffundamental engineering subjects including mathematics and the basic sciences.

(3) Is a graduate of an approved land surveying curriculum and submitssatisfactory evidence to the Board that he/she has fifteen (IS) years or more ofadditional land surveying work experience satisfactory to the Board that has beengained in addition to graduation, or any other education experience, and whileperforming land surveying tasks under the direction ofa person legally authorizedto practice in an applicants' branch ofengineering.

(4) Is a graduate ofan unapproved land surveying curriculum and submitssatisfactory evidence to the Board that he/she has seventeen (17) years or more ofadditional land surveying work experience satisfactory to the Board that has beengained in addition to graduation, or any other education experience, and whileperforming land surveying tasks under the direction ofa person legally authorizedto practice in land surveying.

(5) Is a graduate ofan approved land surveying curriculum and an approvedpostgraduate land surveying curriculum and submits satisfactory evidence to theboard that he/she has fourteen (I4) years or more of additional land surveyingwork experience satisfactory to the Board that has been gained in addition tograduation, or any other education experience, and while performing land surveyingtasks under the directionofa person legally authorized to practice in land surveying.

(6) Is a graduate of a nonapproved land surveying curriculum and anapproved postgraduate land surveying curriculum and submits satisfactoryevidence to the Board that he/she has sixteen (16) years or more ofadditional land

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surveying work experience satisfactory to the Board that has been gained inaddition to graduation, or any other education experience, and while performingland surveying tasks under the direction ofa person legally authorized to practicein land surveying.

(c) An applicant for a California certification as an engineer-in-training or aland surveyor-in-training who holds valid certification in another state obtainedas in (a)(2) or (b)(5) above, may be issued a California certificate.

(Amended, effective October 9, 2002)

439. Examination Not Permitted.A person certified or licensed, by the board in a category or branch is not

permitted to take any portion of the examination for the same category or branchunless his or her certificate, or license has expired pursuant to Section 6796.3 orSection 8803 of the Code or unless re-examination is ordered as a probationarycondition pursuant to Section 419.

441. Authorization to Take Examination.(a) After evaluating the qualifications of an applicant and establishing that

person's eligibility for the examination, the executive officer assigns the applicantto the next scheduled examination for which the applicant qualified.

(b) Any applicant who lacks the qualifications for admission to theexamination required by Chapter 7 or 15 ofthe code and rules ofthe board shall bedeclared ineligible; the application shall be denied and the application fee may bepartially refunded in accordance with the provisions ofSections 158,6763.5 and8748.5 ofthe code. The executive officer shall notify each applicant ofthe reasonfor denying the application.

(c) Notification of the applicant's assigmnent and authorization to take theexamination and the location shall be postmarked at least 14 days prior to theexamination date.

442. Examination Subversion.(a) Examination subversion is the use ofany means to alter the results ofan

examination to cause the results to inaccurately represent the competency of anexaminee. Examination subversion includes, but is not limited to:

(I) Communication between examinees inside ofthe examination room.(2) Giving or receiving any unauthorized assistance on the examination while

an examination is in progress.(3) Having any unauthorized printed or written matter or other devices in his

or her possession which might serve to aid the examinee on the examination.(4) Obtaining, using, buying, selling, distributing, having possession of, or

having unauthorized access to secured examination questions or other securedexamination material prior to, during or after the administration ofthe examination.

(5) Copying another examinee's answers or looking at another examinee'smaterials while an examination is in progress.

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(6) Permitting anyone to copy ansWers to the examination.(7) Removing any secured examination materials from the examination facility.(8) Allowing another person to take the examination in the examinee's place.(9) Placing any identifying mark upon his or her examination papers other

than his or her identification number or other identifiers as directed by theexamination administrator.

(10) Use by an examinee ofany written material, audio material, video material,digital material, or any other mechanism not specifically authorized during theexamination for the purpose ofassisting an examinee in the examination.

(II) Writing on anything other than designated examination material.(12) Writing or erasing anything after time is called.(b)At the discretion ofthe Executive Officer, ifthere is evidence ofexamination

subversion by an examinee prior to, during, or after the administration of theexamination, one or more ofthe following may occur:

(I) The examinee may be denied the privilege of taking the examination ifexamination subversion is detected before the administration ofthe examination.

(2) If the examination subversion detected has not yet compromised theintegrity of the examination, such steps as are necessary to prevent furtherexamination subversion shall be taken, and the examinee may be permitted tocontinue with examination.

(3) The examinee may be requested to leave the examination facility ifexamination subversion is detected during the examination.

(4) The examinee may be requested to submit written advisement ofhis orher intent to comply with and understanding of the law.

(5) The examination results may be voided and the application fee forfeited.(6) The examinee may not be allowed to sit for an examination for up to three

(3) years.(c) If examination subversion is detected after the adminstration of the

examination, the Executive Officer shall make appropriate inquiry to determine thefacts concerning the examination subversion and may take any of the actionsdescribed in subdivision (b).

(d) The Executive Officer reserves the right not to release the examinationresults to the examinee pending the outcome ofany investigation ofexaminationsubversion.

(e) Removal from or voidance of One part of a mUltiple-part examinationtaken during a single examination administration shall constitute removal from orvoidance ofall other parts ofthe multiple-part examination.

(Amended, effective March 20, 2001)

443. Inspection of Examination.(a) The following definitions as used in these regulations have the meaning

expressed in this section:(I) "Essay type problem" means an engineering or land surveying problem

in which the examinee provides a free response as solution and is graded for

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method, computations and answers. Scoring is determined by comparing examineesolutions with pre-determined scoring plans.

(2) "Multiple-choice type problem" means an engineering or land surveyingproblem which requires the examinee to select an answer from a multiple responseformat. Computations are not considered in the grading process for multiplechoice items.

(b) Multiple-choice type problems shall not be reviewed.(c) An applicant who meets the criteria specified in subparagraph (I) or (2)

below shall be granted 8 hours to review or write an appeal for an essay typeproblem or problems attempted during the written examination.

(I) Who is no more than 8 points below the passing score on a NationalCouncil of Examiners for Engineering and Surveying Professional Engineeringexamination;

(2) Who is no more than 15% below the passing score on a State specificProfessional Engineering or Professional Land Surveying examination.

(d) Time and location ofthe examination review or appeal session shall bedesignated by the executive officer.

(e) At the time ofthe review or appeal session, no one other than the examineeand representatives of the board shall have access to such examination papers.

(f) Evidence that the applicant erased, deleted, removed or altered theexamination papers, or the material contained thereon during such inspection, mayresult in the applicant being disqualified by the board from taking futureexaminations.

(g) The applicant shall have access to his or her examination, test bookletsand solutions when reviewing or preparing an appeal of an essay type problemduring the time period specified in subsection (c).

444. Examination Appeal.(a) Applicants who were unsuccessful in the Professional Engineers or

Professional Land Surveyor Examination will be notified by mail with the notice ofresults ofthe date and time in which they may attend a review or appeal session.The appeal fee referred to in section 407(d) must be received by the board withintwenty-one (21) days from the date of the notice of the results of his or herexamination. Applicants who decide to submit an appeal will be required to submittheir appeal at the end of the review or appeal session.

(b) An appeal ofan essay type problem ofthe examination shall be made inwriting; and it shall state the reason for appeal, citing the item or items againstwhich the appeal is directed, and it shall be accompanied by the appropriate appealfee. The applicant shall identifY the specific item(s) being challenged: the specificreasons for the challenge: and cite reference materials, facts and figures tosubstantiate the appeal. The appeal fee shall be payable for an appeal directed atan essay type problem of the examination. An appeal may be directed to anyspecific essay type problem or problems or sub-parts thereof, but an appeal shallcause the entire problem to be rescored. Rescoring ofan essay type problem may

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result in one of the following three actions: points may be added; points may bededucted; or the score may remain the same. If the appeal results in the appellantbeing deemed to have passed the examination, the full appeal fee shall be refunded.

(c) The executive officer may deny any appeal requesting a review of anexamination that is not accompanied by information supporting the reason forsuch request, is not accompanied by the correct appeal fee, or is not filed withinthe period oftime provided in paragraph (a) ofthis rule.

(d) The Board's decision on an appeal ofan essay type problem is final andshall not be re-evaluated. A multiple-choice type problem is not appealable.

446. Postponements.The executive officer may grant a postponement, not to exceed two such

postponements for each application to any applicant who for reasonable cause isprevented from appearing for examination at the time fixed, provided the applicant'srequest for postponement and the reason therefor is filed with the principal officeofthe board at any time prior to the expiration ofthe ten (1 0) day period immediatelyfollowing the date ofsuch examination.

447. Permissible Reference Material and Other Accessories.The executive officer shall advise each examinee when he/she is notified

that he/she is assigned to an examination, what reference and other materials maybe used during the examination to which he/she has been assigned.

Article 4. Miscellaneous

460. Curricula Approved by the Board.(a) A curriculum approved by the board as qualifYing a graduate of that

curriculum for four years' engineering experience, or anon-graduate with one-halfyear ofexperience for each year ofstudy completed, as provided in Section 675 I ofthe code, is defmed as any engineering curriculum leading to a first degree inengineering accredited by theAccreditation Board for Engineering and Tecimology(ABET). The effective date of accreditation shall be one year prior to the initialyear ofaccreditation as specified in the ABET Accreditation Yearbook.

(b) The board may give one-halfyear ofexperience credit for each year ofstudy completed in a non-approved engineering curriculum except that the maximumofsuch experience credit shall be two years per applicant.

(c) (1) The board may give one-halfyear ofexperience credit for each year ofstudy completed in an approved curriculum leading to a degree in engineeringtecimology except that the maximum ofsuch experience credit shall be two yearsper applicant.

(2) The board has approved the curricula leading to a degree in engineeringtechnology which have been accredited by the Engineers' Council for ProfessionalDevelopment.

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461. Testing Laboratory Reports.Reports issued by Testing Laboratories shall be prepared by or under the

supervision of a licensed civil, electrical, or mechanical engineer as appropriateand signed or sealed by him/her whenever such reports go beyond the tabulationof test data (composition of material, breaking stress, et cetera) and proceeds to:

(a) Interpret the data to draw conclusions as to the characteristics of civilengineering structure, an electrical or mechanical device, or parts thereof.

(b) Express civil, electrical, or mechanical engineering judgment in the formof recommendations derived from the results of the test.

(c) Perform design work in the preparation ofplans, specifications, and otherinstruments requiring licensure as a civil, electrical, and/or mechanical engineer.

463. Notice of Association or Disassociation with Partnership,Firm, or Corporation.

(a) A professional engineer who is associated as the partner, member, officer,or employee in responsible charge ofprofessional engineering services offered orperformed by a firm, partnership, or corporation, shall notif'y the board withinthirty (30) days ofsuch association or termination ofassociation on a form approvedby the Board.

(b) A licensed land surveyor and/or civil engineer, who practices or offers topractice land surveying, according to the provisions ofSection 8729 ofthe Code,as a partner, member, or officer ofapartnership, finn, or corporation shall advisethe Board within thirty (30) days ofsuch association or termination ofassociationon a form approved by the Board.

(c) A licensed photograrnmetric surveyor who is associated as a member,partner, officer, or employee in a firm, partnership, or corporation which offers orperforms photograrnmetric surveying services according to the provisions ofArticle5.5 ofthe Professional Land Surveyors'Act shall notif'y the Board within thirty (30)days ofsuch association or termination ofassociation on a form approved by theBoard.

(d) A firm, which contains partners, members or officers as described above,will be allowed six months following the death, disassociation, or retirement ofamember, partner, or officer whose name the finn, partnership, or corporation carriedin its firm title to make a written request to the Board for an investigation pursuantto the requirements of Section 6738(e) or 6738.1 of the Code. The Board willdetermine ifsuch firm is eligible to continue use ofits firm title without change.

463.5. Providing Notice of Licensure.Every licensee shall provide notice to his or her clients that the licensee is

licensed by the Board for Professional Engineers and Land Surveyors. Noticeshall be provided by one or more ofthe following methods:

(a) Displaying his or her wall certificate in a public area; or office; or individualwork area of the premises where the licensee provides the licensed service.

(b) Providing a statement to each client that states the client understands

105

the licensee is licensed by the Board for Professional Engineers and Land Surveyors.Said statement shall be signed and dated by the client and shall be retained in thelicensee's records.

(c) Including a statement that the licensee is licensed by the Board forProfessional Engineers and Land Surveyors either on letterhead or on a contractfor services. If said statement is included on a contract for services, it shall beplaced immediately above the signature line for the client in at least 12 point type.

(d) Posting a notice in a public area of the premises where the licenseeprovides the licensed services that states the named licensee is licensed by theBoard for Professional Engineers and Land Surveyors. Said notice shall be in atleast 48 point type.

[Added effective March 10,2000]

464. Corner Record.(a) The corner record required by Section 8773 of the Code for the

perpetuation ofmonuments shall contain the following information for each comeridentified therein:

(I) The county and, ifapplicable, city in which the comer is located.(2) An identification ofthe township, range, base, and meridian in which the

comeris located, ifapplicable.(3) Identification of the comer type (example: government comer, control

comer, property comer, etc.).(4) Description of the physical condition of(A) the monument as found and(B) any monuments set or reset.(5) The date ofthe visit to the monument when the information for the comer

record was obtained.(6) For Public Land Comers for which a comer record is required by Section

8773(a) ofthe Code, a sketch shall be made showing site recovery information thatwas used for the comer. For other kinds ofcomers, a drawing shall be made whichshows measurements that relate the comer to other identifiable monuments.

(7)A reference to the California Coordinate System is optional at the discretionofthe preparer ofthe record.

(8) The date ofpreparation ofthe comer record and, as prescribed by Section8773.4 of the Code, the signature and title of the chief of the survey party if thecomer record is prepared by a United States Government or California State agencyor the signature and seal of the land surveyor or civil engineer, as defmed inSection 8731 ofthe Code, preparing the comer record.

(9) The date the comer record was filed and the signature of the countysurveyor.

(I O)A document or filing number.(b) A comer record shall be filed for each public land survey comer which is

found, reset, or used as control in any survey by a land surveyor or a civil engineer.Exceptions to this rule are identified in Section 8773.4 ofthe Code.

106

(c) The comer record shall be filed within 90 days from the date a comer wasfound, set, reset, or used as control in any survey. The provisions for extendingthe time limit shall be the same as provided for a record ofsurvey in Section 8762of the Code.

(d) A comer record may be filed for any property comer, property controllingcorner, reference monument, or accessory to a property comer, together withreference to record information. Such comerrecord may show one or more propertycorners, property controlling corners, reference monuments, or accessories toproperty comers on a single comer record document so long as it is legible, clear,and understandable.

(e) When conducting a survey which is a retracement oflines shown on asubdivision map, official map, or arecord ofsurvey, where no material discrepancieswith these records are found and where sufficient monumentation is found toestablish the precise location ofproperty comers thereon, a comer record may befiled in lieu ofarecord ofsurvey for any property comers which are set or reset orfound to be of a different character than indicated by prior records. Such comerrecords may show one or more property comers, property controlling comers,reference monuments or accessories to property corners on a single corner recorddocument so long as it is legible, clear, and understandable.

(I) The standard markings and standard abbreviations used by the Bureauof Land Management (formerly the General Land Office) of the United StatesDepartment ofthe Interior shall be used in the comer record.

(g) The comer record shall be filed on a form prescribed by the Board. Theapproved form is BORPELS-1297.

465. Records of Survey. Public Officers.A public officer who has performed a survey which is subject to the

requirements of Section 8762 of the code, shall file a record of survey map orcomply with Section 8765(a) ofthe code. In either event, the public officer shall filethe information required by Section 8765(a) of the code relating to his or hersurvey within the time limit provided for in Section 8762 ofthe code.

470. Application Response.(a) The following time frames, based on taking and passing the first available

examination, shall apply to applications for licensure as a professional engineer oras a professional land surveyor, when an examination is required.

(I) Within ISO calendar days of receipt of an application, the Board shallinform the applicant in writing that the application is either accepted for filing orthat it is deficient and what specific information or documentation is required tocomplete the application.

(2) A complete application shall include a score for all parts ofthe examination.Within 60 calendar days after the filing ofa complete application, the Board shallmake a decision regarding the applicant's eligibility for licensure.

(b) The following time frames, based on taking and passing the first available

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examination, shall apply to applications for certification to use the titles "Engineerin~Training" or "Land Surveyor-in-Training" when an examination is required:

(I) Within 75 calendar days of receipt of an application, the Board shallinform the applicant in writing that the application is either accepted for filing orthat it is deficient and what specific information or documentation is required tocomplete the application.

(2)A complete application shall include a score for the examination. Within60 calendar days after the filing ofa complete application, the Board shall make adecision regarding the applicant's eligibility to use either the title "Engineer-inTraining" or "Land Surveyor-in-Training."

(c) The following time frames shall apply to applications for licensure as aprofessional engineer or as a professional land surveyor, when comity licensure isapplied for and when no examination is required:

(I) Within 125 calendar days of receipt ofa comity application, tlle Boardshall inform the applicant in writing that the application is either accepted for filingand complete or that it is deficient and what specific information or documentationis required to complete the application.

(2) Within 60 calendar days after the date offiling ofa complete application,the board shall make a decision regarding the application for licensure.

471. Processing Time.The board's time periods are based upon an applicant taking and passing

the first available examination and for processing an application from the receipt ofthe initial application to the final decision regarding issuance or denial oflicensurebased on the board's actual performance during the two years preceding theproposal of this section:

(a) The median time was 255 days.(b) The minimum time was 10 days.(c) The maximum time was 1548 days.

472. Citations of Unlicensed Persons.(a) The Executive Officer or his or her designee may issue a citation for any

violation ofany provision oflaw enforced by the Board to an unlicensed person,who, unless otherwise exempt, is acting in the capacity of a professional engineeror professional land surveyor.

(b) Each citation(I) shall be in writing;(2) shall describe with particularity the nature of the violation, including

specific reference to the provision or provisions of law determined to have beenviolated;

(3) shall contain an assessment ofan administrative fine, an order ofabatementfixing a reasonable period of time for abatement of the violation, or both anadministrative fine and an order ofabatement;

(4) shall be served on the cited person at the last known business orresidence

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address personally or by certified mail with return receipt requested;(5) shall inform the cited person that failure to pay the fine within 30 calendar

days ofthe date ofassessment, unless the citation is being appealed, may result inthe Executive Officer applying to the appropriate superior court for ajudgment inthe amount ofthe administrative fine;

(6) shall inform the cited person that, ifhe/she desires an informal conferenceto contest the finding ofa violation, the informal conference shall be requested bywritten notice to the Board within 30 calendar days from service ofthe citation;

(7) shall inform the cited person that, ifhe or she desires a hearing to contestthe finding ofa violation, that hearing shall be requested by written notice to theBoard within 30 calendar days from service ofthe citation.

[Amendments effective January 1,2000]

472.1. Assessment ofAdministrative Fine.(a) In no event shall the administrative fine be less than $50 or exceed ($2,500)

for each violation.(b) In determining the amount ofan administrative fine, the Executive Officer

shall consider the following factors:(1) The nature and severity of the violation;(2) The good or bad faith exhibited by the cited person;(3) The history ofprevious violations;(4) The extent to which the cited person has cooperated with the Board and

the Board's investigation;(5) The extent to which the cited person has mitigated or attempted to mitigate

any damage or injury caused by his/her violation;(6) Any factors in extenuation or aggravation related to the violation;(7) Other matters as may be appropriate.

[Effective January 1,2000]

472.2. Appeal of Citations.(a) Any person served with a citation issued pursuant to Section 472 may

contest the citation by submitting a written request for a hearing to the Boardwithin 30 calendar days ofservice ofthe citation. Such hearings shall be conductedpursuant to the Administrative Procedur~Act, Chapters 4.5 and 5, commencingwith Section 11400) ofPart I ofDivision 3 ofTitle 2 ofthe Government Code.

(b) In addition to requesting a hearing as described in subsection (a), thecited person may, within 30 calendar days of service of the citation, submit awritten request for an informal conference with the Executive Officer.

(c) The Executive Officer may, within 30 working days from receipt of awritten request for an informal conference as provided in subsection (b), hold aninformal conference with the cited person and/or his or her legal counselorauthorized representative. The 30-day period may be extended by the ExecutiveOfficer for good cause. Following the informal conference, the Executive Officermay affirm, modify, or dismiss the citation, including any administrative fine

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assessed or order ofabatement issued. An order affirming, modifying, or dismissingthe original citation shall be served on the cited person within 30 calendar daysfrom the informal conference. Said order shall state in writing the reasons for theaffirmation, modification, or dismissal ofthe original citation. Ifthe order affirms ormodifies the original citation, said order shall fix a reasonable period oftime forabatement ofthe violation or payment of the fine. Service of this order shall bemade as provided in Section 472. This order shall be considered the conclusion ofthe informal conference proceedings.

(d) Ifthe citation is affirmed or modified following the informal conference,the cited person may request a hearing as provided in subsection (a) within 30calendar days from service of the order described in subsection (c). The citedperson shall not be permitted to request another informal conference.

(e) Ifthe citation is dismissed after the informal conference, the request for ahearing, if any, shall be deemed to be withdrawn.

(f) Submittal ofa written request for a hearing as provided in subsection (a),an informal conference as provided in subsection (b), or both stays the time periodin which to abate the violation and/or to pay the fine.

(g) If the written request for a hearing as provided in subsection (a) or aninformal conference as provided in subsection (b) or both is not submitted within30 calendar days from service ofthe citation, the cited person is deemed to havewaived hislher right to a hearing or an informal conference.


472.3. Compliance with Order.(a) If a cited person who has been issued an order ofabatement is unable to

complete the correction within the time set forth in the citation because ofconditions beyond hislher control after the exercise ofreasonable diligence, thenhe/she may request from the Executive Officer an extension oftime within which tocomplete the correction. Such a request shall be in writing and shall be madewithin the time set forth for abatement.

(b )Failure of an applicant for licensure as a professional engineer or as aprofessional land surveyor to abate the violation or to pay the fine within the timeallowed is a ground for denial oflicensure.

(c) Notwithstanding any other provision of the law, the Executive Officermay waive all or part of an administrative fine if the person against whom thecitation is assessed satisfactorily completes all the requirements for, and is issued,a license.

(d) If the cited person fails to pay the assessed fme within the time allowed,the Executive Officer may apply to the appropriate superior court for a judgment inthe amount ofthe administrative fine.

(e) Ifa hearing as provided in Section 472.2(a) is not requested, payment ofthe fine shall not constitute an admission of the violation charged.

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(t) Payment ofthe fine shall be represented as satisfactory resolution of thematter for purposes of public disclosure.


472.4. Disconnection of Telephone Service.(a)If, upon investigation, the Executive Officer has cause to believe that an

unlicensed individual acting in the capacity of a professional engineer orprofessional land surveyor, who is not otherwise exempted from the provisions ofProfessional Engineers Act or the Professional Land Surveyors' Act, has violatedSections 6787 or 8792 ofthe Code by advertising in a telephone directory, withoutbeing properly licensed, the Executive Officer may issue a citation under Section472 containing an order of abatement which requires the cited person to bothcease the unlawful advertising and notify the telephone company furoishingservices to the cited person to disconnect the telephone services furoished to anytelephone number contained in the unlawful advertising, and that subsequentcalls to that number shall not be referred by the telephone company to any newtelephone number obtained by that person. The cited person shall provide writtenevidence ofcompliance to the Executive Officer.

(b)Ifthe cited person fails to comply with an order ofabatement as describedin subsection (a) within the time allowed, the Executive Officer shall inform thePublic Utilities Commission of the violation in accordance with Business andProfessions Code section 149.


473. Citations of Licensed Persons.(a)The Executive Officer or his or her designee may issue a citation for any

violation ofany provision of law enforced by the Board to any person who holdsa license issued by the Board.

(b)Prior to the issuance ofa citation, the Executive Officer shall submit thealleged violation forreview to at least one licensee ofthe Board who is competentin the branch of professional engineering or professional land surveying mostrelevant to the subject matter of the citation. The licensee reviewing the allegedviolation shall be either a member of the Board's professional staff, a technicaladvisory committee member, or an expert consultant. Upon conclusion of thereview, the reviewer shall prepare a finding of fact and a recommendation basedupon that finding to which the Executive Officer shall give due consideration indetermining whether cause exists to issue a citation.

(c)Each citation(I )shall be in writing;(2)shall describe with particularity the nature of the violation, including

specific reference to the provision or provisions of law determined to have beenviolated;

(3)may contain an assessment ofan administrative fine, an order ofabatementfixing a reasonable period of time for abatement of the violation, or both an

III

administrative fine and an order ofabatement;(4) shall be served on the cited person at the address ofrecord on file with

the Board personally or by certified mail with return receipt requested;(5)shall inform the cited person that failure to pay the fine within 30 calendar

days ofthe date ofassessment, unless the citation is being appealed, may result indisciplinary action being taken by the Board. Ifa citation is not contested and thefine is not paid, the full amount of the assessed fine shall be added to the fee forrenewal ofthe license. A license shall not be renewed without the payment oftherenewal fee and fine;

(6)shall inform the cited person that, ifhe/she desires an informal conferenceto contest the finding ofa violation, the informal conference shall be requested bywritten notice to the Board within 30 calendar days from service ofthe citation;

(7)shall inform the cited person that, ifhe or she desires a hearing to contestthe finding ofa violation, that hearing shall be requested by written notice to theBoard within 30 calendar days from service ofthe citation.


473.1. Assessment ofAdministrative Fines.(a)in no event shall the administrative fine be less than $50 or exceed ($2,500)

for each violation.(b)In determining the amount ofan administrative fine, the Executive Officer

shall consider the following factors:(l)The nature and severity of the violation;(2)The good or bad faith exhibited by the cited person;(3)The history ofprevious violations;(4)The extent to which the cited person has cooperated with the Board and

the Board's investigation;(5)The extent to which the cited person has mitigated or attempted to mitigate

any damage or injury caused by hislher violation;(6)Any factors in extenuation or aggravation related to the violation;(7)Other matters as may be appropriate.


473.2. Appeal of Citations.(a)Any person served with a citation issued pursuant to Section 473 may

contest the citation by submitting a written request for a hearing to the Boardwithin 30 calendar days ofservice ofthe citation. Such hearings shall be conductedpursuant to the Administrative Procedures Act, Chapters 4.5 and 5, commencingwith Section 11400) ofPart 1ofDivision 3 ofTitle 2 ofthe Government Code.

(b)In addition to requesting a hearing as described in subsection (a), thecited person may, within 30 calendar days of service of the citation, submit awritten request for an informal conference with the Executive Officer.

(c)The Executive Officer shall, within 30 working days ofreceipt ofa written

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request for an informal conference as provided in subsection (b), hold an informalconference with the cited person and/or his or her legal counselor authorizedrepresentative. The 3D-day period may be extended by the Executive Officer forgood cause. Following the informal conference, the Executive Officer may affirm,modify, or dismiss the citation, including any administrative fine assessed or orderof abatement issued. An order affirming, modifying, or dismissing the originalcitation shall be served on the cited person within 30 calendar days from theinformal conference. Said order shall state in writing the reasons for the affirmation,modification, or dismissal ofthe original citation. Ifthe order affirms or modifiesthe original citation, said order shall fix a reasonable period oftime for abatementof the violation or payment of the fine. Service of this order shall be made asprovided in Section 473. This order shall be considered the conclusion of theinformal conference proceedings.

(d)Ifthe citation is affirmed or modified following the informal conference,the cited person may request a hearing as provided in subsection (a) within 30calendar days from service of the order described in subsection (c). The citedperson shall not be permitted to request another informal conference.

(e)Ifthe citation is dism'issed after the informal conference, the request for ahearing, ifany, shall be deemed to be withdrawn. (f) Submittal ofa written requestfor a hearing as provided in subsection (a), an informal conference as provided insubsection (b), or both stays the time period in which to abate the violation and/orto pay the fine.

(g)If the written request for a hearing as provided in subsection (a) or aninformal conference as provided in subsection (b) or both is not submitted within30 calendar days from service of the citation, the cited person is deemed to havewaived hislher right to a hearing or an informal conference.


473.3. Compliance with Citations.(a)Ifa cited person who has been issued an order ofabatement is unable to

complete the correction within the time set forth in the citation because ofconditions beyond hislher control after the exercise ofreasonable diligence, thenhe/she may request from the Executive Officer an extension oftime within which tocomplete the correction. Such a request shall be in writing and shall be madewithin the time set forth for abatement.

(b)Failure ofthe cited person to abate the violation or to pay the fine withinthe time allowed is grounds for suspension or revocation ofa the cited person'slicense.

(c)Ifthe cited person fails to pay all ofthe fine within the time allowed, thebalance due for the fine shall be added to the renewal fee for the license, and thelicense shall not be renewed until the fine is paid in full.

(d)Ifa hearing as provided in Section 473 .2(a) is not requested, payment ofthe fine shall not constitute an admission of the violation charged.

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(e)Payment of the fine shall be represented as satisfactory resolution ofthematter for purposes of public disclosure.


473.4. Disconnection of Telephone Service.(a)If, upon investigation, the Executive Officer has cause to believe that a

professional engineer or professional land surveyor, who is not otherwise exemptedfrom the provisions of the Professional Engineers Act or the Professional LandSurveyors' Act, has violated Sections 6787 or 8792 ofthe Code by advertising in atelephone directory, without being properly licensed, the Executive Officer mayissue a citation under Section 473 containing an order ofabatement which requiresthe cited person to both cease the unlawful advertising and notif'y the telephonecompany furnishing services to the cited person to disconnect the telephoneservices furnished to any telephone number contained in the unlawful advertising,and that subsequent calls to that number shall not be referred by the telephonecompany to any new telephone number obtained by that person. The cited personshall provide written evidence ofcompliance to the Executive Officer.

(b)fails to comply with an order ofabatement as described in subsection (a)within the time allowed, the Executive Officer shall inform the Pnblic UtilitiesCommission of the violation in accordance with Business and Professions Codesection 149.


474. Establishment of Criteria.The criteria for the selection of a contractor are: professional excellence,

demonstrated competence, specialized experience of the person, education andexperience, ability to meet schedules, nature and quality of completed. work,reliability of the person, location and other considerations the Executive Officerdeems necessary to the performance of the contract.

474.1. Request for Qualifications.(a) Where a project requires professional engineering or land surveying

services the Executive Officer shall make a statewide request for qualificationsthrough the publications of the respective professional societies and in otherappropriate publications.

(b) The request for qualifications shall contain the following information:the nature ofthe work, the criteria upon which the award shall be made, the nameof the contact person, the address to send statements of qualifications andperformance data, and the deadline by which the statements must be received.

(c) The Executive Officer shall provide a copy of each request forqualifications to all small businesses who have indicated an interest in receivingthe request. A failure of the Executive Officer to send a copy of a request forqualifications to any person shall not operate to preclude any contract.

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474.2. Selection of Engineers and Land Surveyors.After expiration of the deadline stated in the publications, as specified in

Section 474.1, the Executive Officer, in conjunction with no less than three personsselected by the Executive Officer, shall evaluate statements ofqualifications andperformance data affirms which have been submitted to the Board. Based uponthe statement ofqualifications and performance data, a list ranking the qualifiedfirms will be made. From a list ofthree or more qualified firms, the Executive Officershall select the first three ranked firms for contract negotiation to provide theservices required. Where three qualified firms cannot be found which could providethe required service, the Executive Officer may then select from the available firmsor issue a new request for proposal. Selections based on less than three firms mustbe documented with the names and addresses offirms contacted by the ExecutiveOfficer and the reasons why the provisions ofthis section could not be met. Thisdocumentation shall be maintained in the Board's Contract file.

474.3. Conflict of Interest/Unlawful Activity.Governmental agency employees who are related to persons seeking to

contract under these regulations shall not participate in any aspect ofthe contractreview or selection process. Further, any practice that results in an unlawfulactivity including, but not limited to, rebates, kickbacks, or any other unlawfulconsideration shall be prohibited.

474.4. Amendments.In instances where the Board effects a necessary change in the project

during the course of performance of the contract, the contractor's compensationmay be adjusted by negotiation ofa mutual written agreement in a fair and reasonableamount where the amount of work to be performed by the contraclor is changedfrom that which the parties had originally contemplated.

474.5. Contracting in Phases.Should the Board determine that it is necessary or desirable to have a given

project performed in phases, it will not be necessary to negotiate the total contractprice or compensation provisions in the initial instance, provided that the Boardshall have determined that the person is best qualified to perform the whole projectat a fair and reasonable cost, and the contract contains provisions that the Board,at its option, may utilize the person for other phases and that the person willaccept a fair and reasonable price for subsequent phases to be later negotiatedand reflected in a subsequent written instrument. The procedure with regard tonegotiation provided for in Section 6106 of the Public Contract Code shall beapplicable.

475. Code ofProfessional Conduct- Professional Engineering.To protect and safeguard the health, safety, welfare, andproperty ofthe

public, every person who is licensed by the Board as a professional engineer,

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including licensees employed in any manner by a governmental entity or inprivatepractice, shall comply with this Code ofProfessional Conduct. A violationofthis Code ofProfessional Conduct in the practice ofprofessional engineeringconstitutes unprofessional conduct and is grounds for disciplinary actionpursuant to Section 6775 ofthe Code. This Code ofProfessional Conduct shallbe used for the sole purpose of investigating complaints and making findingsthereon under Section 6775 ofthe Code.

(a) Compliance with Laws Applicable to a Project:A licensee shallprovide professional services for a project in a

manner that is consistent with the laws, codes, ordinances, rules, andregulations applicable to that project. A licensee may obtain and relyupon the advice of other professionals (e.g., architects, attorneys,professional engineers, professional landsurveyors, and other qualifiedpersons) as to the intent and meaning of such laws, codes, andregulations.(b) Conj/ict ofInterest:

(1) Ifa licensee provides professional services for two or moreclients on a project or related projects, the licensee shall disclose inwriting to those clients and property owners or their authorizedrepresentatives his or her relationship to those clients.

(2) Ifa licensee has a business association or afinancial interestwhich may infiuence his or her judgment in connection with theperformance ofprofessional services, the licensee shallfully disclose inwriting to his or her client(s) or employer(s) the nature ofthe businessassociation or the financial interest.

(3) A licensee shall not solicit or accept payments, rebates,refunds, or commissions, whether in the form ofmoney or othenvise,from contractors or suppliers afmaterial, systems, or equipment in returnfor specifYing their products to a client or employer ofthe licensee.

(4) A licensee, while engaged by a governmental agency as anoffice/; employee, appointee, agent, or consultant of that agency shallnot engage in a professional engineering business or activity that maybe subject to that licensee sdirect or indirect control, inspection, review,audit, or enforcement on behalfofthat agency, unless the circumstancesare disclosed to and approved by that agency in writing prior to suchengagement.(c) Representations:

(1) A licensee shall not misrepresent his or her qualificationsto a prospective or existing client or employer.

(2) A licensee shall not misrepresent to aprospective or existingclient the licensee s scope ofresponsibility in connection with projectsor services for which the licensee is receiving or will receivecompensation from that client.

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(3) A licensee shall not misrepresent his or her scope ofresponsibility in connection with projects or services for which thelicensee is claiming credit.

(4) A licensee shall not misrepresent nor permit themisrepresentation ofhis or herprofessional qualifications, or affiliatiansor the affiliations or purposes ofthe institutions, organizations, or otherbusinesses with which he or she is associated.

(5) When providing information in connection with a person Sapplicationfor a license to practice professional engineering, a licenseeshall accurately represent his or her knowledge of the applicant squalifications.

(6) A licensee may advertise or salicitfor any servicesfor whichhe or she is authorized by licensure.

(7) A licensee shall only express professional opinions thathave a basis in fact or experience or accepted engineering principles.

(8) A licensee shall attribute proper credit to others for theirprofessional work or professional contribution and shall notmisappropriate the professional work ofothers.

(9) A licensee shall not knowingly permit the publication oruse ofhis or her data, reports, plans, or other professional documentsfor unlawful purposes.

(10) A licensee shall notfalsely or maliciously irifure or attemptto injure the reputation or business ofothers.

(11) A licensee shall not misrepresent data and/or its relativesignificance in any professional engineering report.(d) Confidential Information:

Corifidential information obtained by a licensee, in his or herprofessional capacity, concerning a client, employer, or other relatedparty shall not be disclosed by the licensee without the permission ofthe client, employer, or other related party except for the follOWing:

(1) Disclosures made in response to an order ofthe court or toa subpoena or summons enforceable by an order ofthe court.

(2) Disclosures made in an adjudicatory proceeding.(3) Disclosures made in response to an official inquiryfrom a

governmental regulatory agency.(4) Disclosures made when required by law.(5) Disclosures made upon discovering a hazard within the

licensee sfield ofprofessional expertise which may threaten the health,safety, and welfare ofthe public.

(6) Disclosures made when providing evidence to the Boardregarding other licensees or unlicensed individuals who may haveviolated the Professional Engineers Act.

(7) Disclosures made regarding illegal conduct.

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As used in this section, "confidential information" meansinformation identified as confidential by the licensee sclient, employer,or other related party.(e) Document Submittai:

(1) A licensee shall not misrepresent the completeness 01 theprofessional documents he or she submits to a governmental agency.

(2) A licensee shall not misrepresent the completeness 01 theprofessional documents he or she prepared to his or her client or toother involved parties.

[Added, effective July 4, 2003j

476. Code ofProfessional Conduct- Professional Land Surveying.To protect and safeguard the health, safety, welfare, and property 01the

public, everyperson who is licensed by the Board as aprofessional landsurveyoror professional civil engineer legally authorized to practice iand surveying,including licensees employed in any manner by a governmental entity or inprivatepractice, shall comply with this Code ofProfessional Conduct. A violationolthis Code olProfessional Conduct in thepractice ofprofessional iandsurveyingconstitutes unprofessional conduct and is grounds lor disciplinary actionpursuant to Section 8780 01the Code. This Code ofProfessionai Conduct shallbe used for the sale purpose of investigating complaints and making findingsthereon under Section 8780 olthe Code.

(a) Compliance with Laws Applicable to a Project:A licensee shall provide professional services for a project in a manner

that is consistent with the laws, codes, ordinances, rules, and regulationsapplicable to that project. A licensee may obtain and rely upon the advice 01other professionals (e.g., architects, attorneys, professional engineers,professionai land surveyors, and other qualified persons) as to the intent andmeaning ofsuch laws, codes, and regulations.

(b) Confiict ofInterest:(1) Ifa licensee provides professional serviceslor two or more

clients on a project or related projects, the licensee shall disclose inwriting to those clients and property owners or their authorizedrepresentatives his or her relationship to those clients.

(2) Ifa licensee has a business association or afinancial interestwhich may infiuence his or her judgment in connection with theperformance ofprofessional services, the licensee shallfidly disclose inwriting to his or her client(s) or employer(s) the nature ofthe businessassociation or the financial interest.

(3) A licensee shall not solicit or accept payments, rebates,refUnds, or commissions, whether in the form ofmoney or othenvise,from contractors or suppliers olmaterial, systems, or equipment in returnfor specifying their products to a client or employer ofthe licensee.

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(4) A licensee, while engaged by a governmental agency as anofficer, employee, appointee, agent, or consultant of that agency shallnot engage in a professional land surveying business or activity thatmay be subject to that licensee s direct or indirect control, inspection.review, audit, or enforcement on behalf of that agency, unless thecircumstances are disclosed to and approved by that agency in writingprior to such engagement.(c) Representations:

(1) A licensee shall not misrepresent his or her qualificationsto a prospective or existing client or employer.

(2) A licensee shall not misrepresent to aprospective or existingclient the licensee sscope ofresponsibility in connection with projectsor services for which the licensee is receiving or will receivecompensation from that client.

(3) A licensee shall not misrepresent his or her scope ofresponsibility in connection with projects or services for which thelicensee is claiming credit.

(4) A licensee shall not misrepresent nor permit themisrepresentation ofhis or herprofessional qualifications, or affiliationsor the affiliations orpurposes afthe institutions, organizations, or otherbusinesses with which he or she is associated.

(5) When providing information in connection with a person sapplication for a license to practice professional land surveying, alicensee shall accurately represent his or her knowledge of theapplicants qualifications.

(6) A licensee may advertise or solicitfor any servicesforwhichhe or she is authorized by licensure. .

(7) A licensee shall only express professional opinions thathave a basis infact or experience or accepted landsurveyingprinciples.

(8) A licensee shall attribute proper credit to others for theirprofessional work or professional contribution and shall notmisappropriate the professional work ofothers.

(9) A licensee shall not knowingly permit the publication oruse ofhis or her data, reports, maps, or other professional documentsfor unlawful purposes.

(JO) A licensee shall notfalsely or maliciously injure or attemptto injure the reputation or business ofothers.

(11) A licensee shall not misrepresent data and/or its relativesignificance in any professional land surveying report.(d) Confidential Information:

Confidential information obtained by a licensee, in his or herprofessional capacity, concerning a client, employer, or other relatedparty shall not be disclosed by the licensee without the permission ofthe client, employer, or other related party except for the following:

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(1) Disclosures made in response to an order ofthe court or toa subpoena or summons enforceable by an order ofthe court.

(2) Disclosures made in an adjudicatory proceeding.(3) Disclosures made in response to an official inquiryfrom a

governmental regulatory agency.(4) Disclosures made when required by law.(5) Disclosures made upon discovering a hazard within the

licensee Sfield ofprofessional expertise which may threaten the health,safety, and welfare ofthe public.

(6) Disclosures made when providing evidence to the Boardregarding other licensees or unlicensed individuals who may haveviolated the Professional Land Surveyors' Act.

(7) Disclosures made regarding illegal conduct.As used in this section, "confidential information" means

information identified as confidential by the licensee sclient, employer,or other related party.(e) Document Submittal:

(1) A licensee shall not misrepresent the completeness of theprofessional documents he or she submits to a governmental agency.

(2) A licensee shall not misrepresent the completeness of theprofessional documents he or she prepared to his or her client or toother involved parties.

[Added, effective July 4, 2003j

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