Utah Administrative Code

The Utah Administrative Code is the body of all effective administrative rules as compiled and organized by the Office of Administrative Rules (see Subsection 63G-3-102(5); see also Sections 63G-3-701 and 702).

NOTE: For a list of rules that have been made effective since July 1, 2018, please see the codification segue page.

NOTE TO RULEFILING AGENCIES: Use the RTF version for submitting rule changes.


R156. Commerce, Occupational and Professional Licensing.

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

As in effect on July 1, 2018

Table of Contents

R156-22-101. Title.

This rule is known as the "Professional Engineers and Professional Land Surveyors Licensing Act Rule".

R156-22-102. Definitions.

In addition to the definitions in Title 58, Chapters 1, 3a and 22, as used in Title 58, Chapters 1, 3a and 22, or this rule:

(1) "Complete and final", as used in Section 58-22-603, means "complete construction plans" as defined in Subsection 58-22-102(3).

(2) "Direct supervision", as used in Subsection 58-22-102(10), means "supervision" as defined in Subsection 58-22-102(16).

(3) "Employee, subordinate, associate, or drafter of a licensee", as used in Subsections 58-22-102(16), 58-22-603(1)(b) and this rule, means one or more individuals not licensed under this chapter, who are working for, with, or providing professional engineering, professional structural engineering, or professional land surveying services directly to and under the supervision of a person licensed under this chapter.

(4) "Engineering surveys", as used in Subsection 58-22-102(9), include all survey activities required to support the sound conception, planning, design, construction, maintenance, and operation of engineered projects, but exclude the surveying of real property for the establishment of land boundaries, rights-of-way, easements, alignment of streets, and the dependent or independent surveys or resurveys of the public land survey system.

(5) "Highly toxic materials", as used in Subsection 58-22-102(14)(a)(ii)(F), is as defined in the State Construction and Fire Codes adopted under Title 15A.

(6) "Incidental practice" means "architecture work as is incidental to the practice of engineering", as used in Subsection 58-22-102(9), and "engineering work as is incidental to the practice of architecture", as used in Subsection 58-3a-102(6), which:

(a) can be safely and competently performed by the licensee without jeopardizing the life, health, property and welfare of the public;

(b) is secondary and substantially less in scope and magnitude when compared to the work performed or to be performed by the licensee in the licensed profession;

(c) is work in which the licensee is fully responsible for the incidental practice performed as provided in Subsections 58-3a-603(1) or 58-22-603(1);

(d) unless exempt from licensure as provided in Subsection 58-22-305(1)(e), is work on a building classified for not greater than 49 occupants as determined in the State Construction and Fire Codes adopted under Title 15A;

(e) unless exempt from licensure as provided in Subsection 58-22-305(1)(e), is work included on a project with a construction value not greater than 15 percent of the overall construction value for the project including all changes or additions to the contracted or agreed upon work; and

(f) shall not include work on a building or related structure in an occupancy category of III or IV as defined in 1604.5 of the 2009 International Building Code.

(7) "Maximum allowable quantities", as used in Subsection 58-22-102(14)(a)(ii)(F), is quantities of hazardous materials as set forth in Section 307 of the 2009 International Building Code, Tables 307.1(1) and 307.1(2), which when exceeded, would classify the building, structure or portion thereof as Group H-1, H-2, H-3, H-4 or H-5 hazardous use.

(8) "NCEES FE", as used throughout this rule, means the National Council of Examiners in Engineering and Surveying Fundamentals of Engineering Examination.

(9) "NCEES FS", as used throughout this rule, means the National Council of Examiners in Engineering and Surveying Fundamentals of Surveying Examination.

(10) "NCEES PE", as used throughout this rule, means the National Council of Examiners in Engineering and Surveying Principles and Practice of Engineering Examination.

(11) "NCEES PS", as used throughout this rule, means the National Council of Examiners in Engineering and Surveying Principles and Practice in Surveying Examination.

(12) "NCEES SE", as used throughout this rule, means the National Council of Examiners in Engineering and Surveying Structural Engineering Examination.

(13) "Professional structural engineering or the practice of structural engineering", as defined in Subsection 58-22-102(14), is further defined to exclude the design and oversight of the construction and installation of highway, utility, or pedestrian bridges.

(14) "Recognized jurisdiction", as used in Subsection 58-22-302(4)(d)(i), for licensure by endorsement, means any jurisdiction that is a member of the NCEES.

(15) "Responsible charge" by a principal, as used in Subsection 58-22-102(7), means that the licensee is assigned to and is personally accountable for the production of specified professional engineering, professional structural engineering or professional land surveying projects within an organization.

(16) "TAC/ABET" means Technology Accreditation Commission/Accreditation Board for Engineering and Technology(ABET, Inc.).

(17) "Under the direction of the licensee", as used in Subsection 58-22-102(16), as part of the definition of "supervision of an employee, subordinate, associate, or drafter of a licensee", means that the unlicensed employee, subordinate, associate, or drafter of a person licensed under this chapter engages in the practice of professional engineering, professional structural engineering, or professional land surveying only on work initiated by a person licensed under this chapter, and only under the administration, charge, control, command, authority, oversight, guidance, jurisdiction, regulation, management, and authorization of a person licensed under this chapter.

(18) "Unprofessional conduct" as defined in Title 58, Chapters 1 and 22, is further defined, in accordance with Subsection 58-1-203(1)(e), in Section R156-22-502.

R156-22-103. Authority - Purpose.

This rule is adopted by the Division under the authority of Subsection 58-1-106(1)(a) to enable the Division to administer Title 58, Chapter 22.

R156-22-104. Organization - Relationship to Rule R156-1.

The organization of this rule and its relationship to Rule R156-1 is as described in Section R156-1-107.

R156-22-302b. Qualifications for Licensure -- Education Requirements for 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 follows:

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

(2) The post-graduate degree 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 shall demonstrate that the combined engineering-related coursework taken meets or exceeds the engineering-related coursework required for an EAC/ABET-accredited bachelor degree program.

(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.

(a) Engineering coursework 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.

(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.

In accordance with Subsection 58-22-302(3)(d), an applicant 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:

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

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

(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 coursework in land surveying or geomatics which shall include completion of the following courses:

(a) a minimum of one course in each of the following content areas:

(i) boundary law;

(ii) writing legal descriptions;

(iii) photogrammetry;

(iv) public land survey system;

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

(vi) surveying field techniques; and

(b) the remainder shall be from any or all of the following content areas:

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

(ii) control systems;

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

(iv) geodesy;

(v) geographic information systems;

(vi) global positioning systems;

(vii) land development; and

(viii) survey instrumentation; or

(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 coursework specified in Subsection (3) as part of the degree program, provided that the deficient requirements have been completed post-degree; and

(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; deficiencies in coursework may be satisfied by completion at a recognized college or university approved by the Division in collaboration with the Board.

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

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:

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

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

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

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

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

(6) Unless otherwise provided in 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.

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

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

(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.

(8) Each supervisor shall provide to the applicant the certificate of qualifying experience with the supervisor's seal, which the applicant shall submit with the application for licensure.

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

(10) If the supervisor verifying the applicant's credentials is not licensed in the profession, the supervisor shall provide a written explanation as to why the supervisor is qualified to verify the applicant's knowledge, ability and competence to practice in the profession applied for.

(11) Supervisor duties and responsibilities shall include the following:

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

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

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

(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.

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

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

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

(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) 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.

(j) The supervisor shall ensure that each supervisee has obtained the degree which is a prerequisite to obtaining the qualifying experience.

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

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

(1) The experience shall be:

(a) obtained after meeting the education requirement;

(b) supervised by one or more licensed professional engineers;

(c) certified by the licensed professional engineer who provided the supervision; and

(d) include a minimum of four years of full-time or substantially equivalent part-time experience in professional engineering, except as provided in Subsection (2).

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

(a) A maximum of three years for teaching advanced engineering subjects in a college or university offering an engineering curriculum accredited by EAC/ABET.

(b) A maximum of three years 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) directly related to the practice of engineering; and

(iii) has not been credited towards the education requirements, such as part of classwork, thesis or dissertation, or similar work.

(c) A maximum of one year 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 Section R156-22-302b.

(d) A maximum of two years 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 Section R156-22-302b.

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

(4) Experience shall demonstrate 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.

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

(1) The experience shall be:

(a) obtained after meeting the education requirement;

(b) supervised by one or more licensed professional structural engineers;

(c) certified by the licensed professional structural engineer who provided the supervision; and

(d) include a minimum of three years of full-time or equivalent part-time experience in professional structural engineering.

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

(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;

(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

(c) structural design of any other structure of comparable structural complexity.

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

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

(i) steel;

(ii) concrete;

(iii) wood; or

(iv) masonry;

(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;

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

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

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

(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.

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:

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

(2) The experience shall be supervised by one or more licensed professional land surveyors, and certified by the supervisor.

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

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

(i) operation of various instrumentation;

(ii) review and understanding of plan and plat data;

(iii) public land survey systems;

(iv) calculations;

(v) traverse;

(vi) staking procedures;

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

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

(i) drafting (including computer plots and layout);

(ii) reduction of notes and field survey data;

(iii) research of public records;

(iv) preparation and evaluation of legal descriptions; and

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

(c) The amount of qualifying experience shall be as follows:

(1) Each applicant with an associates degree in land surveying or geomatics shall complete a minimum of six years of experience as follows:

(a) three years that complies with Subsection (3)(a); and

(b) three years that complies with Subsection (3)(b).

(2) Each applicant with a bachelors degree in land surveying or geomatics shall complete a minimum of four years of experience as follows:

(a) two years that complies with Subsection (3)(a); and

(b) two years that complies with Subsection (3)(b).

(3) Each applicant with a masters degree in land surveying or geomatics shall complete a minimum of three years of experience as follows:

(a) one and a half years that complies with Subsection (3)(a); and

(b) one and a half years that complies with Subsection (3)(b).

(4) Each applicant with a doctorate degree in land surveying or geomatics shall complete a minimum of two years of experience as follows:

(a) one year that complies with Subsection (3)(a); and

(b) one year that complies with Subsection (3)(b).

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

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:

(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 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) a Ph.D. or doctorate degree in engineering from a foreign institution if the engineering curriculum is determined by the NCEES Credentials Evaluations to fulfill the required curricular content of the NCEES Engineering Education Standard.

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

(3) the NCEES SE examination with a passing score as established by the NCEES.

(4) If an applicant for reinstatement of licensure as a professional engineer passed the examinations required for licensure as an engineer under prior Utah statutes and rules, the prior examinations will be acceptable to qualify for reinstatement of licensure rather than the examinations specified under Subsection R156-22-302h(1).

(5) Prior to registering directly with NCEES to sit for the NCEES PE examination, an applicant shall:

(a) complete the education requirements set forth in Subsection R156-22-302b; and

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

(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.

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:

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

(a) the NCEES SE examination with a passing score as established by the NCEES;

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

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

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

(2) Prior to 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 R156-22-302f; 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.

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:

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

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

(3) the Utah Professional Land Surveyor Examination, with a passing score of at least 75%.

(4) An applicant who fails the Utah Professional Land Surveyor Examination may retake the examination:

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

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

(5) Prior to registering directly with NCEES to sit for the NCEES PS examination, an applicant shall:

(a) complete the education requirement set forth in Section R156-22-302c; 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.

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 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 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;

(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 a competent method of registration of individuals who actually completed the education program, with records of registration and completion available for review.

(4) Credit for qualified continuing professional education shall be recognized as follows:

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

(b) a maximum of 15 hours 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 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 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 for continuing education 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.

(5) A licensee shall maintain 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 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 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 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.

(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;

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

(5) 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.

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)        $1,000.00                   $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".

(c) Each seal shall be signed and dated with the signature and date appearing across the face of each seal imprint.

(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

August 21, 2017

Notice of Continuation

May 30, 2017

Authorizing, Implemented, or Interpreted Law

58-22-101; 58-1-106(1)(a); 58-1-202(1)(a)


Additional Information

Contact

For questions regarding the content or application of rules under Title R156, please contact the promulgating agency (Commerce, Occupational and Professional Licensing). A list of agencies with links to their homepages is available at https://www.utah.gov/government/agencylist.html.