DAR File No. 41843

This rule was published in the July 15, 2017, issue (Vol. 2017, No. 14) of the Utah State Bulletin.

Commerce, Occupational and Professional Licensing

Rule R156-22

Professional Engineers and Professional Land Surveyors Licensing Act Rule

Notice of Proposed Rule

(Amendment)

DAR File No.: 41843
Filed: 06/22/2017 10:04:53 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

S.B. 184, passed during the 2017 General Session, granted the Division of Occupational and Professional Licensing rulemaking authority to define unprofessional conduct under the Professional Engineers and Professional Land Surveyors Licensing Act, with corresponding fine authority. Additionally, the Professional Engineers and Professional Land Surveyors Licensing Board recommended deleting a superfluous experience requirement and clarifying certain continuing education requirements. The proposed amendments will implement these changes, and also make nonsubstantive technical changes throughout the rule to eliminate surplus language and reorganize and renumber the rule for clarity.

Summary of the rule or change:

Nonsubstantive formatting changes are made throughout almost all sections of this rule to eliminate surplus language and to reorganize and renumber the rule for clarity. In particular, as described below, these changes break up lengthy sections that describe requirements for all three professions (professional engineer, professional structural engineer, and professional surveyor). These lengthy sections have been divided into shorter, more readable sections that address each profession separately. In Section R156-22-302b, technical changes are made for better comprehension and consistent formatting; in particular, this long section is trimmed to include only professional engineer and professional structural engineer education requirements. The new Section R156-22-302c amendments only make formatting changes. This new section, formerly part of Section R156-22-302b, separates the education requirements for professional land surveyors. In Section R156-22-302d, the proposed substantive change to this renumbered section removes the requirement that each applicant for licensure is to provide, in addition to a supervisor's verification, another verification from a person who has personal knowledge of the applicant's knowledge, ability, and competence to practice. The Professional Engineers and Professional Land Surveyors Licensing Board has deemed this extra verification requirement unnecessary and onerous. The new Section R156-22-302e amendments only make formatting changes. This new section, formerly part of Section R156-22-302c, separately itemizes the experience requirements specific to a professional engineer. The new Section R156-22-302f amendments only make formatting changes. This new section, formerly part of Section R156-22-302c, separately itemizes the experience requirements specific to a professional structural engineer. The new Section R156-22-302g amendments only make formatting changes. This new section, formerly part of Section R156-22-302c, separately itemizes the experience requirements specific to a professional land surveyor. In the new Section R156-22-302h, the substantive change to this renumbered section codifies the existing process an applicant for licensure as a professional engineer must follow to be permitted to sit for the required exams. In particular, the language clarifies that the applicant is to register directly with NCEES. In the new Section R156-22-302i, this new section formerly part of Section R156-22-302d, is a formatting change that separately itemizes the exam requirements for a professional structural engineer. The proposed substantive change to this section codifies the existing process an applicant for licensure as a professional structural engineer must follow to be permitted to sit for the required exams; in particular, the language clarifies that the applicant is to register directly with NCEES. In the new Section R156-22-302j, this new section formerly part of Section R156-22-302d, is a formatting change that separately itemizes the exam requirements for a professional land surveyor. Additional formatting changes to this section include the removal of language regarding licensure by endorsement; this language has been moved to the sections corresponding to each profession. The proposed substantive change to this section codifies the existing process an applicant for licensure as a professional land surveyor must follow to be permitted to sit for the required exams; in particular, the language clarifies that the applicant is to register directly with NCEES. In Section R156-22-304, the proposed substantive amendment to this section clarifies that a 50-minute block of professional education constitutes a qualified continuing professional education "hour". In Section R156-22-305, the proposed amendments make a small formatting change for better comprehension. In Section R156-22-502, the proposed amendments incorporate by reference the "Rules of Professional Conduct", as published in the NCEES Model Rules, revised August 2016, and then delete duplicate language that is no longer required. The net effect of these amendments is to conform Utah's standards of professional conduct to nationwide industry standards, including incorporation of the following three standards of professional conduct found in the NCEES Model Rules that were not previously contained within this section: 1) Licensee?s Obligation to the Public; 2) Licensee?s Obligation to Employer and Clients; and 3) Licensee?s Obligation to Other Licensees. In Section R156-22-503, the proposed amendments incorporate fines as a result of S.B. 184 (2017) and discussions of the Professional Engineer and Professional Land Surveyor Licensing Board. Specifically, these amendments increase the fines for violation of Subsection 58-1-501(1)(a) (practicing without a license) from $800 to $1,000 for a first offense and from $1,600 to $2,000 for a second offense. Additionally, the fines for violations of Subsections 58-22-501(3), 58-22-501(4), and 58-22-501(5) are all increased from $800 for a first offense to $1,000 and from $1,600 to $2,000 for a second offense. These proposed amendments also add fines for certain unprofessional conduct violations under Sections 58-1-501, 58-22-501, and 58-22-502.5. No change is made to fines for third or ongoing offenses. In Section R156-22-601, the proposed amendments make a small formatting change for better comprehension.

Statutory or constitutional authorization for this rule:

Subsection 58-1-106(1)(a)
Section 58-22-101
Subsection 58-1-202(1)(a)

This rule or change incorporates by reference the following material:

Adds Rules of Professional Conduct as published in the NCEES Model Rules, published by National Council of Examiners for Engineering and Surveying (NCEES), August 2016

Anticipated cost or savings to:

the state budget:

The Division will incur minimal costs of approximately $75 to print and distribute the rule once the proposed amendments are made effective. Any costs incurred will be absorbed in the Division's current budget. Also the impacts of enforcing the new statute were previously included within the fiscal note.

local governments:

small businesses:

The primary costs of this rule are as a result of S.B. 184 (2017). The primary cost savings are a result of discussion by the Professional Engineer and Professional Licensing Board. The proposed changes to the experience verification requirements of Section R156-22-302d may result in some cost savings to small business. Representatives from the professions and Division staff have estimated that this simplification of the licensure application process could shorten the time period for an individual to obtain a license by as much as seven days, allowing a licensed professional to potentially earn an additional $1,496 in wages that would otherwise be lost; correspondingly, this could allow the individual licensee to begin working sooner to generate revenue for a small business. However, the exact amount of time savings and resultant cost savings is impossible to measure because it will vary significantly from individual to individual, as well as from business to business. The proposed changes to Sections R156-22-302h, R156-22-302i, and R156-22-302j describing the required exam registration process will have no fiscal impact on small business because this is only a codification of existing practice. As explained above, the proposed substantive change to Section R156-22-304 will have no fiscal impact on small business because it merely clarifies that a 50-minute block of professional education constitutes a qualified continuing professional education "hour" in lieu of the previously required 60-minute block hour. Although this change will not affect the cost of approximately $15 to $30 per hour for qualified continuing professional education, engineers and land surveyors, as a result of the 10-minute reduction, could experience a combined time savings per year of 25,480 hours for all licensees. The proposed substantive changes to Sections R156-22-502 and R156-22-503 incorporate by reference the NCEES Model Rules of Professional Conduct, and include fines for unprofessional conduct. After conducting a thorough analysis, the Division has determined that the scope of these proposed amendments is so narrow that they will not affect the vast majority of small businesses in Utah and will not result in a measurable fiscal impact to small business. To begin, many small businesses in Utah have individual owners and/or employees licensed under Chapter 22 as professional engineers, professional structural engineers, or professional land surveyors. There are 927 small businesses under NAICS 541330 (Engineering Services), 14 small businesses under NAICS 541360 (Geophysical Surveying and Mapping Services), and 61 small businesses under NAICS 541370 (Other Surveying and Mapping - except Geophysical-Services). Therefore, even though no businesses or entities are licensed under Chapter 22, there are approximately 1,002 small businesses in Utah who could be secondarily affected if any of their licensed owners and/or employees become subject to these new fines. Stated differently, a small business whose employee is fined for misconduct under Chapter 22 could be affected if the business agrees to pay that fine, while a small business whose owner is fined for misconduct ultimately might end up paying the fine indirectly on behalf of the owner. Nevertheless, even given these numbers, any potential secondary impact on small business resulting from these new fines will be negligible. First, input obtained from a number of small businesses in these professions shows that, with respect to licensed employees who are not also owners, fines assessed against the licensee will almost certainly remain due and payable solely by the licensee. The consensus is that businesses in this industry refuse to pay their employees' individual fines and will continue to refuse to do so. Second, with respect to fines assessed against individual business owners, a 16-year analysis conducted by the Division reviewing the disciplinary history of all Chapter 22 professions, shows that even though these professions have a large number of licensees, only eight licensees on average are likely to be fined each year. Currently, 7,470 individuals hold a Utah professional engineer license, 2,031 individuals hold a Utah professional structural engineer license, and 691 individuals hold a Utah professional land surveyor license. In turn, over the last 16 years the Division has issued a yearly average of 8.25 "letters of concern" to licensees in response to conduct which would now be subject to potential fines under these rules. As evidenced by a 16-year Disciplinary History Review performed by the Division, only 0.0007% (zero.seven ten thousandths percent) of Chapter 22 licensees are likely to be impacted by these amendments. Further, the individual impact of a fine on any one licensee will itself be relatively low. It is anticipated that the average fine, for a first time offense, will incur a cost of $800. In comparison, these professions in the Upper Mountain region (Idaho, Montana, Utah, and Wyoming) earn a median annual salary of $81,220 for a professional engineer, $82,398 for a professional structural engineer, and $60,880 for a professional land surveyor. Furthermore, based on the Division's historical review, a licensee who is sanctioned for misconduct is extremely unlikely to be fined again in succeeding years. Significantly, the Division's impact analysis is supported by that of the fiscal note attached to S.B. 184 (2017). The fiscal note estimated that after these amendments, approximately eight licensees a year would receive an $800 citation, for total costs of $6,400 annually. See https://le.utah.gov/~2017/bills/static/SB0184.html for Fiscal Note S.B. 184 1st Sub. (Green). Finally, and perhaps most importantly, the impact of an estimated $800 fine, that will potentially apply to 8 out of 10,192 licensees per year, cannot and should not be scaled to all 1,002 small businesses with licensees in these Chapter 22 professions. The nature of the misconduct proposed to be codified in the amended rule is such that the impact of the corresponding fines will never be uniformly felt across the industry. These fines will never impact the overwhelming majority of small businesses whose owners and employees meet the normal standards of their profession and will never be assessed a fine. In short, after conducting a thorough analysis, the Division has determined that scope of these proposed amendments is so narrow that it will not affect the vast majority of small business, and will not result in a measurable fiscal impact to small business. All of the other proposed amendments should have no fiscal impact on small business because they are only nonsubstantive formatting changes, or because they only add clarification to practices that should already be taking place in the industry.

persons other than small businesses, businesses, or local governmental entities:

The primary costs of this rule are as a result of S.B. 184 (2017). The primary cost savings are a result of discussion by the Professional Engineer and Professional Licensing Board. The proposed substantive change to the language of renumbered Section R156-22-302d removes the requirement that an applicant is to provide, in addition to a supervisor's verification, another verification from a person who has personal knowledge of the applicant. Representatives from the professions and Division staff have estimated that it takes each applicant seeking licensure under this chapter (as a professional engineer, professional structural engineer, or professional land surveyor) an average of approximately five to six hours to find and contact someone for a reference, review that reference, and then submit it to the Division; however, there can also be a time lapse of days if not weeks for an applicant to actually receive his or her requested reference back. Therefore, it is estimated that this simplification of the licensure application process could shorten the time period for an individual to obtain a license by as much as seven days. Accordingly, this change will result in some savings to all applicants seeking licensure under this chapter because they will no longer be required to expend the time and effort required to provide this additional verification. Notably, the Professional Engineers and Professional Land Surveyors Licensing Board has deemed this extra verification requirement unnecessary and onerous and of no real use in screening candidates for licensure. Further, the time savings to an applicant in obtaining his or her license will allow the individual to begin working that much sooner, with a corresponding increase in job opportunities and income. It is estimated that a licensed professional will potentially earn an additional $1,496 in wages that would otherwise be lost. The exact amount of time savings and resulting cost savings is impossible to measure because it will vary significantly from individual to individual. The proposed changes to Sections R156-22-302h, R156-22-302i, and R156-22-302j describing the required exam registration process will have no fiscal impact on other persons because this is only a codification of existing practice. As previously described, the proposed substantive change to Section R156-22-304 will have no fiscal impact on other persons because it merely clarifies that a 50-minute block of professional education constitutes a qualified continuing professional education "hour". As described above, the proposed substantive changes to Sections R156-22-502 and R156-22-503, which incorporate by reference the NCEES Model Rules of Professional Conduct and include fines for certain unlawful conduct or unprofessional conduct, will likely impact approximately eight individual licensees per year. The Division has estimated that these 8 licensees will each receive a fine of approximately $800, for total licensee costs of $6,400 per year. In addition to individual licensees, there are approximately 31 medium or large businesses in Utah whose licensed individual owners and/or employees could be potentially subject to these fines, 30 such businesses under NAICS 541330 (Engineering Services), and 1 such business under NAICS 541360 (Geophysical Surveying and Mapping Services). As described in its analysis for small businesses, the Division has determined that the total cost to licensees and to medium or large businesses from these proposed amendments will never impact the overwhelming majority of licensees who meet the normal standards of their profession and will never be assessed a fine. Therefore, after conducting a thorough analysis, the Division has determined that the scope of these proposed amendments is so narrow that it will not result in a measurable direct or indirect impact on these other persons. Finally, all of the other proposed amendments should have no fiscal impact on other persons because they are only nonsubstantive formatting changes, or because they add clarification to practices that should already be taking place in the industry.

Compliance costs for affected persons:

The proposed substantive changes to Sections R156-22-502 and R156-22-503, which incorporate by reference the NCEES Model Rules of Professional Conduct and add fines for certain unlawful conduct or unprofessional conduct, will impact an individual licensee whose conduct is unprofessional or unlawful conduct under Title 58 or any rule adopted thereunder. Again, it is estimated that a licensee whose conduct is found to be unprofessional could potentially receive an average $800 fine. The Division estimates that the other proposed amendments will not impose any compliance costs on persons affected by this rule.

Comments by the department head on the fiscal impact the rule may have on businesses:

Extensive nonsubstantive formatting changes have been made throughout almost all sections of this rule to eliminate surplus language, and to reorganize and renumber the rule for clarity. The nonsubstantive amendments will have no fiscal impact on small business. Substantive amendments to Section R156-22-302d remove the requirement that each applicant for licensure is to provide, in addition to a supervisor's verification, another verification from a person who has personal knowledge of the applicant's knowledge, ability and competence to practice. This amendment will result in a cost savings to all applicants in the time savings resulting from not having to secure such alternate verification. The substantive changes to Sections R156-22-302h, R156-22-302i, and R156-22-302j clarify that an applicant for licensure is to register directly with NCEES. As this is the present practice, no fiscal impact to small business is contemplated by reason of these amendments. The substantive amendment to Section R156-22-304 defines a continuing professional education "hour" as 50 minutes of instruction. This amendment would result in a savings of time for all licensees pursuing continuing professional education. The amendments to Section R156-22-502 incorporate by reference the Rules of Professional Conduct as published by the NCEES Model Rules in this section which defines "unprofessional conduct" and deletes language that would now be duplicative. The net effect of these amendments is to conform Utah's standards of professional conduct to nationwide industry standards. These amendments will have no fiscal impact on small business. The substantive amendments to Section R156-22-503 make small increases in the fine schedule for certain first-time and second-time offenses. At present, these fine changes would affect an average of only eight licensees a year and would have no effect on compliant licensees.

Francine A. Giani, Executive Director

The full text of this rule may be inspected, during regular business hours, at the Office of Administrative Rules, or at:

Commerce
Occupational and Professional Licensing
HEBER M WELLS BLDG
160 E 300 S
SALT LAKE CITY, UT 84111-2316

Direct questions regarding this rule to:

Steve Duncombe at the above address, by phone at 801-530-6235, by FAX at 801-530-6511, or by Internet E-mail at [email protected]

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

08/14/2017

Interested persons may attend a public hearing regarding this rule:

07/19/2017 09:00 AM, Heber Wells Bldg, 160 E 300 S, Conference Room 474, Salt Lake City, UT

This rule may become effective on:

08/21/2017

Authorized by:

Mark Steinagel, Director

RULE TEXT

R156. Commerce, Occupational and Professional Licensing.

R156-22. Professional Engineers and Professional Land Surveyors Licensing Act Rule.

R156-22-302b. Qualifications for Licensure - - Education Requirements for Professional Engineer and Professional Structural Engineer.

[~~(1) Education requirements - Professional Engineer and Professional Structural Engineer.~~

]In accordance with Subsections 58-22-302(1)(d) and 58-22-302(2)(d), the engineering program criteria is established as [~~one of the following~~]follows:

([a]1) The bachelors degree[~~or post graduate engineering program~~] shall be earned from an engineering program accredited by EAC/ABET or the Canadian Engineering Accrediting Board (CEAB).

([b]2) The post -[ ]graduate [~~engineering~~ ]degree[~~, when not accredited by EAC/ABET or CEAB,~~] shall be earned:

(a) from an engineering program accredited by EAC/ABET or the Canadian Engineering Accreditation Board (CEAB); or

(b) from an institution which offers a bachelors or masters degree in an engineering program accredited by EAC/ABET or CEAB in the same specific engineering discipline as the earned post -[]graduate degree; and

(c) the applicant [~~is responsible to~~]shall demonstrate that the combined engineering -[ ]related coursework taken [~~(both undergraduate and post graduate) included coursework that~~ ]meets or exceeds the engineering -[]related coursework required for [~~the~~]an EAC/ABET -[~~accreditation~~]accredited [~~for the~~ ]bachelor degree program.

([c]3) If the degree was earned in a foreign country, the engineering curriculum shall be determined by the NCEES Credentials Evaluations to fulfill the required curricular content of the NCEES Engineering Education Standard.[Deficiencies in course work reflected in the credential evaluation may be satisfied by completing the deficiencies in course work at a recognized college or university approved by the Division in collaboration with the Board.]

(a) Engineering course[ ]work deficiencies must be completed at an EAC/ABET -[ ]approved program; and

(b) all other coursework deficiencies may be satisfied at a recognized college or university approved by the Division in collaboration with the Board.

([d]4) A TAC/ABET accredited degree is not acceptable to meet the qualifications for licensure as a professional engineer or a professional structural engineer.

R156-22-302c. Qualifications for Licensure -- Education Requirements for Professional Land Surveyor.

[~~(2) Education requirements - Professional Land Surveyor.~~

]In accordance with Subsection 58-22-302(3)(d), an applicant [~~applying~~ ]for licensure as a professional land surveyor shall verify completion of one of the following land surveying programs affiliated with an institution that is recognized by the Council for Higher Education Accreditation (CHEA) , and approved by the Division in collaboration with the Board:

([a]1) an associates in applied science degree in land surveying or geomatics;

([b]2) a bachelors, masters or doctorate degree in land surveying or geomatics;

([c]3) an equivalent land surveying program that includes completion of a bachelors, masters or doctorate degree in a field related to land surveying or geomatics comprised of a minimum of 30 semester hours or 42 quarter hours of course[ ]work in land surveying or geomatics which shall include completion of the following courses:

([i]a) [~~successful completion of~~ ]a minimum of one course in each of the following content areas:

([A]i) boundary law;

([B]ii) writing legal descriptions;

([C]iii) photogrammetry;

([D]iv) public land survey system;

([E]v) studies in land records or land record systems; and

([F]vi) surveying field techniques; and

([ii]b) [~~completion of~~ ]the remainder [~~of the 30 semester hours or 42 quarter hours~~]shall be from any or all of the following content areas:

([A]i) algebra, calculus, geometry, statistics, trigonometry, not to exceed six semester hours or eight quarter hours;

([B]ii) control systems;

([C]iii) drafting, not to exceed six semester hours or eight quarter hours;

([D]iv) geodesy;

([E]v) geographic information systems;

([F]vi) global positioning systems;

([G]vii) land development; and

([H]viii) survey instrumentation; or

([d]4) an equivalent land surveying program that includes completion of a bachelors, masters or doctorate degree in a field related to land surveying or geomatics that does not include some of the course[]work specified in [~~(c)(i) or (ii), or both,~~]Subsection (3) as part of the degree program, provided that the deficient requirements [~~specified in (c)(i) or (ii), or both,~~ ]have been completed post -[]degree; and

([e]5) if the degree was earned in a foreign country, the land surveying curriculum shall be determined by the NCEES Credential Evaluations to fulfill the required curricular content of the NCEES Education Standard[~~. D~~]; deficiencies in course[]work [~~reflected in the credential evaluation~~ ]may be satisfied by [~~completing the deficiencies in course work~~ ]completion at a recognized college or university approved by the Division in collaboration with the Board.

R156-22-302[c]d. Qualifications for Licensure - - Experience Requirements for All Applicants .

[~~(1) General Requirements. These general requirements apply to all applicants under this chapter and are in addition to the specific license requirements in Subsections (2), (3) and (4).~~]In accordance with Subsection 58-22-302, the following general experience requirements are established for all applicants under this chapter, and are in addition to the specific experience requirements for each profession described in Sections R156-22-302e, R156-22-302f and R156-22-302g:

([a]1) 2,000 hours of work experience constitutes one year (12 months) of work experience.

([b]2) No more than 2,000 hours of work experience can be claimed in any 12 month period.

([c]3) Experience shall be progressive on projects that are of increasing quality and requiring greater responsibility.

([d]4) Only experience of an engineering, structural engineering or surveying nature, as appropriate for the specific license, is acceptable.

([e]5) Experience is not acceptable if it is obtained in violation of applicable statutes or rules.

([f]6) Unless otherwise provided in [~~this Subsection (1)(g)~~]Section 7, experience shall be gained under the direct supervision of a person licensed in the profession for which the license application is submitted. Supervision of an intern by another intern is not permitted.

([g]7) Experience is also acceptable when obtained in a work setting where licensure is not required or is exempted from licensure [~~requirements~~]in accordance with Section 58-22-305, including experience obtained in the armed services if:

([i]a) the experience is performed under the supervision of qualified persons and the applicant provides verifications of the credentials of the supervisor; and

([ii]b) the experience gained is equivalent to work performed by an intern obtaining experience under a licensed supervisor in a licensed or civilian setting, and the applicant provides verification of the nature of the experience.

([h]8) [~~Proof of supervision. The~~]Each supervisor shall provide to the applicant the certificate of qualifying experience [~~in a sealed envelope~~ ]with the supervisor's seal[~~stamped across the seal flap of the envelope~~], which the applicant shall submit with the application for licensure.

([i]9) [~~In the event~~]If the supervisor is unavailable or refuses to provide a certification of qualifying experience, the applicant shall submit:

(a) a complete explanation of why the supervisor is unavailable; and

(b) [~~submit~~ ]verification of the experience by alternative means acceptable to the Board, which shall demonstrate that the work was profession-related[~~work~~], competently performed, and sufficient accumulated experience for the applicant to be granted a license without jeopardy to the public health, safety , or welfare.[

~~(j) In addition to the supervisor's documentation, the applicant shall submit:~~

~~(i) at least one verification from a person licensed in the profession who has personal knowledge of the applicant's knowledge, ability and competence to practice in the profession applied for; or~~]

([ii]10) [~~if a person~~]If the supervisor verifying the applicant's credentials is not licensed in the profession , the supervisor shall provide[:

~~(A) at least one verification from the unlicensed person; and~~

~~(B)~~ ] a written explanation as to why the supervisor is[~~unlicensed person is best~~] qualified to verify the applicant's knowledge, ability and competence to practice in the profession applied for.

([k]11) Supervisor duties[~~Duties~~] and responsibilities shall include the following:[~~of a supervisor. The duties and responsibilities of a licensee under Subsection (1)(f) or other qualified person under Subsection (1)(g) include the following.~~]

([i]a) A person may not serve as a supervisor for more than one firm.

([ii]b) A person who renders occasional, part time or consulting services to or for a firm may not serve as a supervisor.

([~~iii~~]c) The supervisor shall be in responsible charge of the projects assigned , and [is ]professionally responsible for the acts and practices of the supervisee.

([iv]d) The supervision shall be conducted in a setting in which the supervisor is independent from control by the supervisee and in which the ability of the supervisor to supervise and direct the practice of the supervisee is not compromised.

([v]e) The supervisor shall be available for advice, consultation , and direction consistent with the standards and ethics of the profession.

([vi]f) The supervisor shall provide periodic review of the work assigned to the supervisee.

([~~vii~~]g) The supervisor shall monitor the performance of the supervisee for compliance with laws, standards and ethics applicable to the profession.

([~~viii~~]h) The supervisor shall provide supervision only to a supervisee who is an employee of a licensed professional or alternatively in a setting wherein both the supervisor and the supervisee are engaged in a work setting in which the work is exempt from licensure requirements.

(i[x]) The supervisor shall submit appropriate documentation to the Division with respect to all work completed by the supervisee during the period of supervised experience, including the supervisor's evaluation of the supervisee's competence to practice in the profession.

([x]j) The supervisor shall [~~assure~~]ensure that each supervisee has obtained the degree which is a prerequisite to [~~the intern beginning to obtain~~]obtaining the qualifying experience.

R156-22-302e. Qualifications for Licensure -- Experience Requirements - Specific to Professional Engineer.

[~~(2) Experience Requirements - Professional Engineer.~~

~~(a)~~ ]In accordance with Subsection 58-22-302(1)(e), [an]each applicant for licensure as a professional engineer shall submit verification of qualifying experience [~~in accordance with the following~~]as follows:

([i]1) The experience shall be:

(a) obtained after meeting the education requirement[.];

([ii]b) [~~The experience shall be~~ ]supervised by one or more licensed professional engineers[.];

([~~iii~~]c) [~~The experience shall be~~ ]certified by the licensed professional engineer who provided the supervision; and[.]

([iv]d) [~~The experience shall~~ ]include a minimum of four years of full-time or substantially equivalent part-time experience in professional engineering, except as provided in Subsection ([b]2).

([b]2) Credit toward meeting the experience requirement may be granted as follows:

([i]a) A maximum of three years [~~of qualifying experience may be granted~~ ]for teaching advanced engineering subjects in a college or university offering an engineering curriculum accredited by EAC/ABET.

([ii]b) A maximum of three years [~~of qualifying experience may be granted~~ ]for conducting research in a college or university offering an engineering curriculum accredited by EAC/ABET , provided the research is :

(i) under the supervision of a licensed professional;

(ii) [~~and is~~ ]directly related to the practice of engineering; and

(iii) [~~, as long as such research~~ ]has not been credited towards the education requirements ,[~~. Therefore research which is included~~] such as part of [~~the~~ ]classwork, thesis or dissertation, or similar work[~~is not acceptable as additional work experience~~].

([~~iii~~]c) A maximum of one year [~~of qualifying experience may be granted~~ ]for completing a masters degree in engineering provided that both the earned bachelors and masters degree in engineering meet the program criteria set forth in S[~~ubs~~]ection R156-22-302b[~~(1)~~].

([iv]d) A maximum of two years [~~of qualifying experience may be granted~~ ]for completing a doctorate degree in engineering provided that both the earned bachelors or masters degree and doctorate degree in engineering meet the program criteria set forth in S[~~ubs~~]ection R156-22-302b[~~(1)~~].

([c]3) The performance or supervision of construction work as a contractor, foreman or superintendent is not qualifying experience for licensure as a professional engineer.

([d]4) Experience shall demonstrate [~~should include demonstration of,~~ ]knowledge, application, and practical solutions using engineering mathematics, physical and applied science, properties of materials , and the fundamental principles of engineering design.

R156-22-302f. Qualifications for Licensure -- Experience Requirements -- Specific to Professional Structural Engineer.

[~~(3) Experience Requirements - Professional Structural Engineer.~~

~~(a)~~ ]In accordance with Subsection 58-22-302(2)(e), each applicant for licensure as a professional structural engineer shall submit verification of qualifying experience [~~in accordance with the following~~]as follows:

([i]1) The experience shall be:

(a) obtained after meeting the education requirement[.];

([ii]b) [~~The experience shall be~~ ]supervised by one or more licensed professional structural engineers[.];

([~~iii~~]c) [~~The experience shall be~~ ]certified by the licensed professional structural engineer who provided the supervision[.]; and

([iv]d) [~~The experience shall~~ ]include a minimum of three years of full-time or equivalent part-time experience in professional structural engineering.

([b]2) Professional structural engineering experience shall include responsible charge of structural design in one or more of the following areas:

([i]a) structural design of any building or structure two stories and more, or 45 feet in height, located in a region of moderate or high seismic risk , designed in accordance with current codes adopted pursuant to Section 58-56-4;

([ii]b) structural design for a major seismic retrofit/rehabilitation of an existing building or structure located in a region of moderate or high seismic risk; or

([~~iii~~]c) structural design of any other structure of comparable structural complexity.

([c]3) Professional structural engineering experience shall include structural design in all of the following areas:

([i]a) use of three of the following four materials as they relate to the design, rehabilitation or investigation of buildings or structures:

([A]i) steel;

([B]ii) concrete;

([C]iii) wood; or

([D]iv) masonry;

([ii]b) selection of framing systems including the consideration of alternatives and the selection of an appropriate system for the interaction of structural components to support vertical and lateral loads;

([~~iii~~]c) selection of foundation systems including the consideration of alternatives and the selection of an appropriate type of foundation system to support the structure;

([iv]d) design and detailing for the transfer of forces between stories in multi-story buildings or structures;

([v]e) application of lateral design in the design of the buildings or structures , in addition to any wind design requirements; and

([vi]f) application of the local, state , and federal code requirements as they relate to design loads, materials, and detailing.

R156-22-302g. Qualifications for Licensure -- Experience Requirements -- Specific to Professional Land Surveyor.

[~~(4) Experience Requirements - Professional Land Surveyor.~~

~~(a)~~ ]In accordance with Subsection 58-22-302(3)(d), each applicant for licensure as a professional land surveyor shall submit verification of qualifying experience as follows[~~in accordance with the following~~]:

([i]1) The experience may be obtained before, during , or after completing the education requirement.

([ii]2) The experience shall be supervised by one or more licensed professional land surveyors, and[.

~~(iii) The experience shall be~~] certified by the supervisor[~~licensed professional land surveyor who provided the supervision~~].

([iv]3) The experience shall include experience in professional land surveying in the following content areas:

([A]a) experience specific to field surveying with actual "hands on" surveying, including all of the following:

([I]i) operation of various instrumentation;

([II]ii) review and understanding of plan and plat data;

([~~III~~]iii) public land survey systems;

([IV]iv) calculations;

([V]v) traverse;

([VI]vi) staking procedures;

([~~VII~~]vii) field notes and manipulation of various forms of data encountered in horizontal and vertical studies; and

([B]b) experience specific to office surveying, including all of the following:

([I]i) drafting ([~~includes~~]including computer plots and layout);

([II]ii) reduction of notes and field survey data;

([~~III~~]iii) research of public records;

([IV]iv) preparation and evaluation of legal descriptions; and

([V]v) preparation of survey -[ ]related drawings, plats , and record of survey maps.

([v]c) The amount of qualifying experience shall be as follows[~~in accordance with one of the following~~]:

([A]1) Each applicant [~~having graduated and received~~]with an associates degree in land surveying or geomatics shall complete a minimum of six years of experience as follows:

([I]a) three years [~~of experience~~ ]that complies with Subsection [~~(4a)(a)(iv)(A)~~](3)(a); and

([II]b) three years [~~of experience~~ ]that complies with Subsection [~~(4)(a)(iv)(B)~~](3)(b).

([B]2) Each applicant [~~having graduated and received~~]with a bachelors degree in land surveying or geomatics shall complete a minimum of four years of [~~qualifying~~ ]experience as follows:

([I]a) two years [~~of qualifying experience~~ ]that complies with Subsection [~~(4)(a)(iv)(A)~~](3)(a); and

([II]b) two years [~~of qualifying experience~~ ]that complies with Subsection [~~(4)(a)(iv)(B)~~](3)(b).

([C]3) Each applicant [~~having graduated and received~~]with a masters degree in land surveying or geomatics shall complete a minimum of three years of [~~qualifying~~ ]experience as follows:

([I]a) one and a half years [~~of qualifying experience~~ ]that complies with Subsection [~~(4)(a)(iv)(A)~~](3)(a); and

([II]b) one and a half years [~~of qualifying experience~~ ]that complies with Subsection [~~(4)(a)(iv)(B)~~](3)(b).

([D]4) Each applicant [~~having graduated and received~~]with a doctorate degree in land surveying or geomatics shall complete a minimum of two years of [~~qualifying~~ ]experience as follows:

([I]a) one year [~~of qualifying experience~~ ]that complies with Subsection [~~(4)(a)(iv)(A)~~](3)(a); and

([II]b) one year [~~of qualifying experience~~ ]that complies with Subsection [~~(4)(a)(iv)(B)~~](3)(b).

R156-22-302[d]h. Qualifications for Licensure - - Examination Requirements for Professional Engineer .

[~~(1) Examination Requirements - Professional Engineer.~~

~~(a)~~ ]In accordance with Subsection 58-22-302(1)(f), the examination requirements for licensure as a professional engineer are defined, clarified , or established as the following:

([i]1) the NCEES FE examination with a passing score as established by the NCEES except that an applicant who has completed one of the following is not required to pass the FE examination:

([A]a) a Ph.D. or doctorate degree in engineering from an institution that offers EAC/ABET undergraduate programs in the Ph.D. field of engineering; or

([B]b) [A]a Ph.D. or doctorate degree in engineering from a foreign institution if the engineering curriculum is determined by the NCEES Credentials Evaluations[~~, formerly known as the Center for Professional Engineering Education Services (CPEES),~~] to fulfill the required curricular content of the NCEES Engineering Education Standard.

([ii]2) the NCEES PE examination with a passing score as established by the NCEES; or

([~~iii~~]3) the NCEES SE examination with a passing score as established by the NCEES.

([b]4) If an applicant for reinstatement of licensure as a professional engineer passed[~~was approved by the Division of Occupational and Professional Licensing to take~~] the examinations required for licensure as an engineer under prior Utah statutes and rules, [~~and did take and pass all examinations required under such prior rules,~~ ]the prior examinations will be acceptable to qualify for reinstatement of licensure rather than the examinations specified under Subsection R156-22-302[d]h(1)[~~(a)~~].

([c]5) Prior to [~~submitting an application for pre-approval~~]registering directly with NCEES to sit for the NCEES PE examination, an applicant shall :

(a) [~~successfully~~ ]complete the education requirements set forth in Subsection R156-22-302b[~~(1).~~]; and

(b) provide verification to NCEES of passing the NCEES FE examination.

([d]6) The admission criteria to sit for the NCEES FE examination is set forth in Section 58-22-306.

(7) In accordance with Subsection 58-22-302(4)(d)(ii), an applicant for licensure as a professional engineer by endorsement shall comply with the examination requirements in Subsection R156-22-302h, except that the Board may waive one or more of the following:

(a) the NCEES FE examination, for an applicant who:

(i) is a principal for five of the last seven years preceding the date of the license application; and

(ii) was not required to pass the NCEES FE examination for initial licensure from the recognized jurisdiction the applicant was originally licensed;

(b) the NCEES PE examination for an applicant who:

(i) has been a principal for five of the last seven years preceding the date of the license application;

(ii) has been licensed for ten years preceding the date of the license application; and

(iii) was not required to pass the NCEES PE examination for initial licensure from the recognized jurisdiction the applicant was originally licensed.

R156-22-302i Qualifications for Licensure -- Examination Requirements for Professional Structural Engineer.

[~~(2) Examination Requirements - Professional Structural Engineer.~~

~~(a)~~ ]In accordance with Subsection 58-22-302(2)(f), the examination requirements for licensure as a professional structural engineer are defined, clarified, or established as the following:

([i]1) the NCEES FE examination with a passing score as established by the NCEES; and one of the following:

([ii]a)[~~(A)~~] the NCEES SE examination with a passing score as established by the NCEES;

([B]b) the NCEES Structural I and Structural II Examinations with a passing score as established by the NCEES;

([C]c) an equivalent 16-hour state written examination with a passing score; or

([D]d) the NCEES Structural II exam and an equivalent 8-hour state written examination with a passing score.

([b]2) Prior to [~~submitting an application for pre-approval~~]registering directly with NCEES to sit for the NCEES SE examination, an applicant shall :

(a) complete two out of the three years of the experience requirements set forth in Subsection R156-22-302[~~c(3)~~]f; and

(b) provide verification to NCEES of passing the NCEES FE examination.

(3) An applicant for licensure as a professional structural engineer by endorsement shall comply with the examination requirements in Subsection R156-22-302i, except that the Board may waive the NCEES FE examination for an applicant who:

(a) has been a principal for five of the last seven years preceding the date of the license application; and

(b) was not required to pass the NCEES FE examination for initial licensure from the recognized jurisdiction the applicant was originally licensed.

R156-22-302j. Qualifications for Licensure -- Examination Requirements for Professional Land Surveyor.

[~~(3) Examination Requirements - Professional Land Surveyor.~~

~~(a)~~ ]In accordance with Subsection 58-22-302(3)(e), the examination requirements for licensure as a professional land surveyor are defined, clarified, or established as the following:

([i]1) the NCEES FS examination with a passing score as established by the NCEES;

([ii]2) the NCEES PS examination with a passing score as established by the NCEES; and

([~~iii~~]3) the Utah [~~Local Practice~~]Professional Land Surveyor Examination , with a passing score of at least 75 %.

(4) An applicant who fails the Utah [~~Local Practice~~]Professional Land Surveyor Examination may retake the examination[~~as follows~~]:

([A]a) no sooner than 30 days following any failure, up to three failures; and

([B]b) no sooner than six months following any failure thereafter.

([b]5) Prior to [~~submitting an application for pre-approval~~]registering directly with NCEES to sit for the NCEES PS examination, an applicant shall:

(a) complete the education requirement set forth in S[~~ubs~~]ection R156-22-302[~~b(2).~~]c; and

(b) provide verification to NCEES of passing the NCEES FS examination.

(6) An applicant for licensure as a professional land surveyor by endorsement shall comply with the examination requirements in Section R156-22-302j, except that the Board may waive either the NCEES FS examination or the NCEES PS examination, or both, for an applicant who:

(a) has been a principal for five of the last seven years preceding the date of the license application; and

(b) was not required to pass the NCEES FS examination or the NCEES PS examination for initial licensure from the recognized jurisdiction the applicant was originally licensed.

[~~(4) Examination Requirements for Licensure by Endorsement.~~

~~In accordance with Subsection 58-22-302(4)(d)(ii), the examination requirements for licensure by endorsement are established as follows:~~

(a) Professional Engineer: An applicant for licensure as a professional engineer by endorsement shall comply with the examination requirements in Subsection R156-22-302d(1) except that the Board may waive one or more of the following examinations under the following conditions:

(i) the NCEES FE examination for an applicant who is a principal for five of the last seven years preceding the date of the license application and who was not required to pass the NCEES FE examination for initial licensure from the recognized jurisdiction the applicant was originally licensed;

(ii) the NCEES PE examination for an applicant who is a principal for five of the last seven years preceding the date of the license application, who has been licensed for 10 years preceding the date of the license application, and who was not required to pass the NCEES PE examination for initial licensure from the recognized jurisdiction the applicant was originally licensed.

(b) Professional Structural Engineer: An applicant for licensure as a professional structural engineer by endorsement shall comply with the examination requirements in Subsection R156-22-302d(2) except that the Board may waive the NCEES FE examination for an applicant who is a principal for five of the last seven years preceding the date of the license application and who was not required to pass the NCEES FE examination for initial licensure from the recognized jurisdiction the applicant was originally licensed.

(c) Professional Land Surveyor: An applicant for licensure as a professional land surveyor by endorsement shall comply with the examination requirements in Subsection R156-22-302d(3) except that the Board may waive either the NCEES FS examination or the NCEES PS examination or both to an applicant who is a principal for five of the last seven years preceding the date of the license application and who was not required to pass the NCEES FS examination or the NCEES PS examination for initial licensure from the recognized jurisdiction the applicant was originally licensed.]

R156-22-304. Continuing Education for Professional Engineers, Professional Structural Engineers, and Professional Land Surveyors.

In accordance with Subsection 58-22-303(2) and Section 58-22-304, the qualifying continuing professional education standards for professional engineers, professional structural engineers and professional land surveyors are established as follows:

(1) During each two -[]year period ending on March 31 of each odd numbered year, a licensed professional engineer, professional structural engineer, and professional land surveyor shall complete [~~not fewer than~~]at least 30 hours of qualified professional education directly related to the ethics, business and technical content aimed at maintaining, improving, or expanding the skills and knowledge relevant to the licensee's professional practice.

(2) The required [~~number of~~ ]hours of professional education for an individual who first becomes licensed during the two -[]year period shall be decreased in a pro-rata amount equal to any part of that two year period preceding the date on which that individual first became licensed.

(3) Qualified continuing professional education under this section shall:

(a) have an identifiable clear statement of purpose and defined objective for the educational program directly related to the licensee's professional practice[~~of a professional engineer, professional structural engineer, or professional land surveyor~~];

(b) be relevant to the licensee's professional practice;

(c) be presented in a competent, well organized and sequential manner consistent with the stated purpose and objective of the program;

(d) be prepared and presented by individuals who are qualified by education, training and experience; and

(e) have [~~associated with it~~ ]a competent method of registration of individuals who actually completed the [~~professional~~ ]education program , with records of [~~and records of that~~ ]registration and completion [~~are~~ ]available for review.

(4) Credit for qualified continuing professional education shall be recognized [~~in accordance with the following~~]as follows:

(a) unlimited hours [~~shall be recognized~~ ]for each hour of professional education completed in blocks of time of not less than [~~one hour~~]50 minutes, in formally established classroom courses, seminars, or conferences;

(b) a maximum of 15 hours [~~per two year period may be recognized~~ ]for teaching in a college or university or for teaching qualified continuing professional education courses in the field of professional engineering, professional structural engineering or professional land surveying, provided it is the first time the material has been taught during the preceding 12 months;

(c) a maximum of five hours [~~per two year period may be recognized~~ ]for preparation of papers, articles, or books directly related to the practice of professional engineering, professional structural engineering , or professional land surveying and submitted for publication; and

(d) a maximum of ten hours [~~per two year period may be recognized at the rate of one hour for each hour served~~]for service on committees or in leadership roles in any state, national or international organization for the development and improvement of the profession of professional engineering, professional structural engineering , or professional land surveying but no more than five of the ten hours may be obtained from such activity in any one organization;

(e) unlimited hours [~~may be recognized~~ ]for continuing education [~~that is~~ ]provided via Internet or through home study courses provided the course verifies registration and participation in the course by means of a test which demonstrates that the participant has learned the material[~~presented~~].

(5) A licensee shall [~~be responsible for~~ ]maintain[~~ing~~] records of completed qualified continuing professional education for a period of four years after close of the two -[ ]year period to which the records pertain. It is the responsibility of the licensee to maintain information with respect to qualified continuing professional education to demonstrate it meets the requirements [~~under~~]of this section.

(6) If a licensee exceeds the 30 hours of qualified continuing professional education during the two -[ ]year period, the licensee may carry forward a maximum of 15 hours [~~of qualified continuing professional education~~ ]into the next two -[]year period.

(7) Any licensee who fails to timely complete the continuing education required by this rule shall be required to complete double the number of hours missed to be eligible for renewal or reinstatement of licensure.

(8) Any applicant for reinstatement who was not in compliance with the continuing education requirement at the time of the expiration of licensure shall be required to complete 30 hours of continuing education [~~complying with this rule~~ ]within two years prior to the date of application for reinstatement of licensure.

(9) The Division may waive continuing education in accordance with Section R156-1-308d.

R156-22-305. Inactive Status.

(1) The requirements for inactive licensure specified in Subsection R156-1-305(3) shall also include certification that the professional engineer, professional structural engineer or professional land surveyor licensee shall not engage in the profession for which the license was issued while the license is on inactive status, except to identify the individual as an inactive licensee.

(2) A license shall be active and in good standing[,] prior to being placed on inactive status[~~, shall be active and in good standing~~].

(3) Inactive status licensees are not required to fulfill the continuing education requirement.

(4) In addition to the requirements in Subsection R156-1-305(6) to reactivate an inactive license, a licensee shall provide documentation that the licensee, within two years of the license being reactivated, completed 30 hours of continuing education.

(5) Prior to a license being reactivated, a licensee shall meet the requirements for license renewal.

R156-22-502. Unprofessional Conduct.

"Unprofessional conduct" includes:

(1) submitting an incomplete final plan, specification, report or set of construction plans to:

(a) a client, when the licensee represents, or could reasonably expect the client to consider the plan, specification, report or set of construction plans to be complete and final; or

(b) to a building official for the purpose of obtaining a building permit;

(2) failing as a principal to exercise responsible charge;

(3) failing as a supervisor to exercise supervision of an employee, subordinate, associate or drafter;[or]

(4) [~~failing, in the performance of services for clients, employers, and customers to be cognizant that the first and foremost responsibility is to the public welfare~~]receiving gratuities from material, product, or services suppliers for specifying or endorsing their goods or services;

(5) [failing to hold paramount the duty to safeguard life, health, property and public welfare by approving and sealing only those design documents and surveys that conform to accepted engineering and surveying standards;]failing to fully disclose and obtain consent in writing of the principal employer and all interested parties prior to accepting or engaging in supplemental professional engineering, structural engineering, or land surveying services; and

(6) failing to conform to the accepted and recognized standards and ethics of the profession, including those established in the "Rules of Professional Conduct", as published in the NCEES Model Rules, revised August 2016, which is hereby incorporated by reference.[failing to notify an employer, client, or other such authority as may be appropriate when the licensee's professional judgment is overruled under circumstances where the life, health, property, or welfare of the public is endangered.

~~(7) failing to be objective and truthful, or failing to include all relevant and pertinent information, in professional reports, statements, or testimony;~~

~~(8) expressing a professional opinion publicly when it is not founded upon an adequate knowledge of the facts and a competent evaluation of the subject matter;~~

(9) issuing statements, criticisms, or arguments on technical matters in circumstances where such statements, arguments or criticisms, are inspired or paid for by interested parties, unless the licensee explicitly identifies the interested parties on whose behalf the licensee is speaking and reveals any interest the licensee has in the matters;

(10) permitting the use of the licensee's name or the licensee's firm name by, or associating in business ventures with, any person or firm that is engaging in fraudulent or dishonest business or professional practices;

(11) having knowledge of possible violations of any of these rules of professional conduct, and failing to provide the Division with the information and assistance necessary to make a final determination of such violation;

(12) accepting and undertaking assignments when not qualified by education, experience and training, or that exceed the licensee's competency and ability in the specific technical fields of engineering or surveying involved;

(13) affixing a signature or seal to any plans or documents dealing with subject matter in which the licensee lacks competence, or to any such plan or document not prepared under the licensee's responsible charge;

(14) failing to ensure, when accepting assignments for coordination of an entire project, that each design segment is signed and sealed by the licensee responsible for preparation of that design segment;

~~(15) revealing facts, data or information obtained in a professional capacity without the prior consent of the client or employer, except as authorized or required by law;~~

~~(16) soliciting or accepting gratuities, directly or indirectly, from contractors, their agents, or other parties in connection with work for employers or clients;~~

(17) failing to make full prior disclosures to employers or clients of potential conflicts of interest or other circumstances that could influence or appear to influence the licensee's judgment or the quality of the licensee's service;

(18) accepting compensation, financial or otherwise, from more than one party for services pertaining to the same project, unless the circumstances are fully disclosed and agreed to by all interested parties;

~~(19) soliciting or accepting a professional contract from a government body with respect to which a principle or officer of the licensee's organization serves as a member;~~

(20) if serving as a member, advisor, or employee of a government body or department while also serving as the principal or employee of a private concern, participating in decisions with respect to professional services offered or provided by the private concern to the governmental body with respect to which the licensee services;

(21) falsifying or permitting representation or exaggeration of the academic or professional qualifications, the degree of responsibility in prior assignments, or the complexity of prior assignments, of the licensee or the licensee's associates;

(22) misrepresenting pertinent facts concerning employers, employees, associates, joint ventures, or past accomplishments, in presentations incident to the solicitation of employment or business;

(23) offering, giving, soliciting, or receiving, either directly or indirectly, any commission, gift, or other valuable consideration in order to secure work, or making any political contribution with the intent to influence the award of a contract by public authority;

(24) attempting to injure, maliciously or falsely, directly or indirectly, the professional reputation, prospects, practice, or employment of other licensees, or indiscriminately criticizing another licensee's work;

~~(25) receiving gratuities from material, product, or services suppliers for specifying or endorsing their goods or services; and~~

(26) failing to fully disclose and obtain consent in writing of the principal employer and all interested parties prior to accepting or engaging in supplemental professional engineering, structural engineering, or land surveying services.]

R156-22-503. Administrative Penalties.

(1) In accordance with Subsection 58-22-503, the following fine schedule shall apply to citations issued under Title 58, Chapters 1 and 22:

TABLE

FINE SCHEDULE



Violation           First Offense               Second Offense

58-1-501(1)(a)        $[800.00]1,000.00           $[1,600.00]2,000.00

58-1-501(1)(b)        $1,000.00                   $2,000.00

58-1-501(1)(c)        $1,000.00                   $2,000.00

58-1-501(1)(d)        $1,000.00                   $2,000.00


58-1-501(1)(e)        $1,000.00                   $2,000.00

58-1-501(2)(a)        $1,000.00                   $2,000.00

58-1-501(2)(b)        $1,000.00                   $2,000.00

58-1-501(2)(c)        $  800.00                   $1,600.00

58-1-501(2)(d)        $  250.00                   $  500.00

58-1-501(2)(e)        $  800.00                   $1,600.00

58-1-501(2)(f)        $  800.00                   $1,600.00

58-1-501(2)(g)        $1,000.00                   $2,000.00

58-1-501(2)(h)        $1,000.00                   $2,000.00

58-1-501(2)(i)        $1,000.00                   $2,000.00

58-1-501(2)(j)        $1,000.00                   $2,000.00

58-1-501(2)(k)        $1,000.00                   $2,000.00

58-1-501(2)(l)        $1,000.00                   $2,000.00

58-1-501(2)(o)        $1,000.00                   $2,000.00

58-22-501(1)          $  800.00                   $1,600.00

58-22-501(2)          $  800.00                   $1,600.00

58-22-501(3)          $  800.00                   $1,600.00

58-22-501(4)          $  800.00                   $1,600.00

58-22-501(5)          $  800.00                   $1,600.00


58-22-502.5           $1,000.00                   $2,000.00

(2) Citations shall not be issued for third offenses, except in extraordinary circumstances approved by the investigative supervisor. If a citation is issued for a third offense, the fine is double the second offense amount, with a maximum amount not to exceed the maximum fine allowed under Subsection 58-22-503(1)(i).

(3) If multiple offenses are cited on the same citation, the fine shall be determined by evaluating the most serious offense.

(4) An investigative supervisor may authorize a deviation from the fine schedule based upon the aggravating or mitigating circumstances.

(5) In all cases the presiding officer shall have the discretion, after a review of the aggravating and mitigating circumstances, to increase or decrease the fine amount based upon the evidence reviewed.

R156-22-601. Seal Requirements.

(1) In accordance with Section 58-22-601, all final plans, specifications, reports, maps, sketches, surveys, drawings, documents and plats prepared by the licensee or prepared under the supervision of the licensee, shall be sealed in accordance with the following:

(a) Each seal shall be a circular seal, 1-1/2 inches minimum diameter.

(b) Each seal shall include the licensee's name, license number, "State of Utah", and, as appropriate, "Professional Engineer","Professional Structural Engineer", or "Professional Land Surveyor"[~~as appropriate~~].

(d) Each original set of final plans, specifications, reports, maps, sketches, surveys, drawings, documents and plats, as a minimum, shall have the original seal imprint, original signature and date placed on the cover or title sheet.

(e) A seal may be a wet stamp, embossed, or electronically produced.

(f) Electronically generated signatures are acceptable.

(g) It is the responsibility of the licensee to provide adequate security when documents with electronic seals and electronic signatures are submitted. Sheets subsequent to the cover of specifications are not required to be sealed, signed and dated.

(h) Copies of the original set of plans, specifications, reports, maps, sketches, surveys, drawings, documents and plats which contain the original seal, original signature and date is permitted, if the seal, signature and date is clearly recognizable.

(2) A person who qualifies for and uses the title of professional engineer intern is not permitted to use a seal.

KEY: professional land surveyors, professional engineers, professional structural engineers

Date of Enactment or Last Substantive Amendment: [~~October 22, 2015~~]2017

Notice of Continuation: May 30, 2017

Authorizing, and Implemented or Interpreted Law: 58-22-101; 58-1-106(1)(a); 58-1-202(1)(a)

Additional Information

More information about a Notice of Proposed Rule is available online.

The Portable Document Format (PDF) version of the Bulletin is the official version. The PDF version of this issue is available at https://rules.utah.gov/publicat/bull_pdf/2017/b20170715.pdf. The HTML edition of the Bulletin is a convenience copy. Any discrepancy between the PDF version and HTML version is resolved in favor of the PDF version.

Text to be deleted is struck through and surrounded by brackets ([~~example~~]). Text to be added is underlined (example). Older browsers may not depict some or any of these attributes on the screen or when the document is printed.

For questions regarding the content or application of this rule, please contact Steve Duncombe at the above address, by phone at 801-530-6235, by FAX at 801-530-6511, or by Internet E-mail at [email protected]. For questions about the rulemaking process, please contact the Office of Administrative Rules.

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