School of PE Blog

The Model Law in Section 110.20

In this section, it provides definitions related to the practice of engineering and surveying. Clarifying the terms used in the Act, including various professional titles and statuses (NCEES, 2022, 12).

• Engineer: an individual qualified to practice engineering based on education, training, and experience
• Professional Engineer: someone duly licensed in a specific discipline or branch of engineering
• Professional Engineer, retired: a licensed professional engineer who has chosen not to renew their license
• Engineer Intern: an individual certified by the board
• Practice of Engineering: services requiring engineering education and experience that potentially affect public health, safety, and welfare, including planning, designs, coordination, and technical submissions.

The Model Law in Section 130.10

Here, it outlines the requirements for licensure as a professional engineer or surveyor. Eligibility includes good character, meeting education and experience criteria, passing exams, and submitting references.

For engineers, there are stages: Engineer Intern certification and licensure as a Professional Engineer. Education, examination, and experience requirements must be met. Licensure by comity is possible for qualified applicants. The section also references surveying requirements. These criteria ensure that licensed professionals meet the necessary standards for practice (NCEES, 2022, 13).

The Model Law in Section 150.10

Detailing grounds for disciplinary action against licensees and interns, the board has the authority to suspend, revoke, fine, or refuse to issue or renew a license or certification for various reasons. These include fraud, negligence, misconduct, criminal convictions, failure to comply with the law or regulations, discipline by other jurisdictions, providing false information, aiding violations, practicing outside of competence, unethical conduct, substance abuse, and more (NCEES, 2022, 14-15).

The board may also impose fines based on factors such as deterrence, severity of the violation, risk to the public, economic benefits gained, and consistency with past fines. These provisions ensure accountability and protection of the public in the engineering and surveying professions.

The Model Law in Section 150.30

This section outlines grounds for disciplinary action against unlicensed individuals in the field of engineering and surveying. The board has the authority to fine and recover costs from unlicensed individuals who engage in the practice of engineering or surveying without proper licensure, use restricted professional terms, present false credentials, commit fraud, impersonate licensees, or use expired or nonexistent licenses. The fine for each offense cannot exceed a specified amount, and each day of continued violation may be considered a separate offense (NCEES, 2022, 15).

Factors such as deterrence, circumstances of the violation, risk to the public, economic benefits gained, public interest, and consistency with past fines may be taken into account when determining the fine amount. The aim of these provisions is to regulate and protect the public from unlicensed individuals practicing in the engineering and surveying domains.

The Model Law in Section 160.10

It establishes the general requirements for obtaining a certificate of authorization for firms practicing or offering engineering or surveying services. Firms engaging in these activities must obtain a certificate of authorization from the board, except in cases where the firm performs engineering or surveying exclusively for itself, its parent company, or its subsidiary (NCEES, 2022, 15-16).

The secretary of state is prohibited from accepting organizational papers or issuing certificates to firms that include the words "engineer," "engineering," "surveyor," "surveying," or related variations in their objectives or name unless the board has issued a certificate of authorization or an eligibility letter. Additionally, the secretary of state cannot authorize trade names, trademarks, or service marks that contain these restricted words, except for licensees and firms with valid certificates of authorization.

These provisions are in place to ensure that proper regulation and control are used among professional titles and marks in the engineering and surveying fields.

The Model Law in Section 160.70

It outlines the grounds for disciplinary action against firms holding a certificate of authorization. The board is empowered to suspend, revoke, fine, or refuse to issue, restore, or renew a certificate of authorization for various violations.

These violations include fraud, negligence, incompetence, misconduct, criminal convictions, failure to comply with the law or board regulations, discipline by other jurisdictions, false statements, aiding in violations, and unethical conduct. Firms may also be fined for each offense, with the amount determined by the board based on factors such as deterrence, severity, and public interest. Additionally, the board can impose sanctions on firms when their managing agents or officers are found guilty of violating the law or regulations, including probation, fines, reprimand, or revocation of the certificate of authorization (NCEES, 2022, 16).

Example

Scenario: Sarah is a licensed engineer working for a construction firm. She is responsible for overseeing the construction of a high-rise building. During the construction process, Sarah becomes aware of a significant structural defect that could potentially compromise the safety of the building. She knows that immediate action is required to rectify the issue.

Which of the following actions aligns with the licensee's obligation to the public?

A) Sarah ignores the structural defect as it may cause delays and additional costs to the project.

B) Sarah informs her employer and takes appropriate measures to address the structural defect promptly.

C) Sarah conceals the defect to avoid damaging the reputation of her firm.

D) Sarah waits until the project is completed and then anonymously reports the defect to the local authorities.

Answer: B) Sarah informs her employer and takes appropriate measures to address the structural defect promptly.

Explanation: According to the Model Rules of Professional Conduct, licensees have a primary responsibility to safeguard the health, safety, and welfare of the public. In this scenario, Sarah's discovery of a significant structural defect poses a potential risk to the safety of the building and its occupants. To fulfill her obligation to the public, Sarah should promptly inform her employer and take appropriate actions to address the defect. By doing so, she prioritizes public safety over personal concerns and ensures that necessary measures are taken to rectify the issue.

Conclusion

The model rules outlined throughout this blog provides a comprehensive framework for the regulation and disciplinary actions regarding the practice of engineering and surveying. These rules cover a wide range of violations, including fraud, negligence, misconduct, criminal convictions, failure to comply, false statements, aiding in violations, and unethical conduct. The disciplinary actions available to the board include suspension, revocation, probation, fines, reprimand, and refusal to issue or renew licenses or certificates of authorization. The fines imposed take into account factors such as deterrence, severity, economic benefits gained, and the interest of the public. Moreover, the rules extend to both individual licensees and firms holding certificates of authorization, ensuring accountability at both levels. By enforcing these model rules, regulatory bodies can maintain the integrity and professionalism of the engineering and surveying professions, safeguarding the public and upholding ethical standards.

References

NCEES. (2022, July). FE Reference Handbook 10.2.