CHAPTER 36-18A
TECHNICAL PROFESSIONS
36-18A-1 Definition of terms.
36-18A-1.1 Inactive licensee defined.
36-18A-2 Practice of architecture defined.
36-18A-3 Practice of engineering, design coordination, and engineering studies defined.
36-18A-4 Practice of land surveying defined.
36-18A-5 Practice of landscape architecture defined.
36-18A-6 Practice of petroleum release assessment defined.
36-18A-7 Practice of petroleum release remediation defined.
36-18A-8 License required to practice professions enumerated in chapter.
36-18A-9 Certain persons exempt from provisions of chapter.
36-18A-10 Building consisting of more than one type of occupancy--Limitations for each type.
36-18A-11 Design-build services by contractor.
36-18A-12 Certain services performed by authorized petroleum release business exempt.
36-18A-13 Incidental cross-practice by architects and engineers.
36-18A-14 Board of Technical Professions created--Certificate of appointment--Oath of office--Number and terms of members--Composition.
36-18A-15 Board member qualifications.
36-18A-16 Immunity of board members--Attorney general to represent board.
36-18A-17 Removal of board member--Filling of vacancies.
36-18A-18 Board to elect officers--Meetings--Quorum--Inclusion in blanket bond.
36-18A-19 Accounting for moneys received--Disbursement of funds--Vouchers and warrants.
36-18A-20 Employment of counsel and assistance in enforcement.
36-18A-21 Employment of executive director and staff--Offices.
36-18A-22 Board to promulgate rules--Scope of rules--Existing rules remain in effect.
36-18A-23 Board continued within Department of Labor and Regulation--Retains functions of previous commission.
36-18A-24 Record and report policy.
36-18A-25 Engineering intern--Qualifications.
36-18A-26 Professional engineer licensure qualifications--Board to establish criteria.
36-18A-27 Architect licensure qualifications--Certification by National Council of Architectural Registration Boards in lieu of qualifications--Board to establish criteria.
36-18A-28 Land surveying intern qualifications--Board to establish criteria.
36-18A-29 Land surveyor qualifications--Board to establish criteria.
36-18A-30 Landscape architect qualifications--Certification by Council of Landscape Architectural Registration Boards in lieu of qualifications--Board to establish criteria.
36-18A-31 Petroleum release assessor or remediator--Qualifications--Board to establish criteria.
36-18A-32 Oral interview--Failure to provide information as grounds for disciplinary action--Interpretation of experience and education.
36-18A-33 Examination requirements--Fees.
36-18A-34 Notice of results--Reexamination--Fees.
36-18A-35 Licensure--Comity consideration--Promulgation of Rules--Fee.
36-18A-36 License issued to successful applicant.
36-18A-37 Display of license in place of business--Replacement license.
36-18A-38 Practice permitted recipient of license--Use of titles--License as evidence.
36-18A-39 Expiration and biennial renewal of licenses--Continuing professional education.
36-18A-40 Failure to complete continuing professional development requirements as grounds for nonrenewal--Inactive or retired status.
36-18A-41 Advance notice by board of expiration of license, professional development requirements, and fees.
36-18A-42 Reinstatement of expired license or request for inactive status--Time limits--Requirements for reinstatement.
36-18A-43 Request for inactive or retired status--Fee.
36-18A-44 Seal of licensees--Contents--Signature--Certain persons prohibited from using seal.
36-18A-45 Seal, signature, and date as certification that work done by licensee--Documents on which seal required.
36-18A-45.1 Digital signatures.
36-18A-46 Construction administration services to be provided by architect or engineer.
36-18A-46.1 Completion of work--Successor licensee--Nonprofessional services.
36-18A-47 Firm or office to have appropriately licensed person in charge.
36-18A-48 Business entity must obtain certificate of authorization--Responsibility for acts of individuals.
36-18A-49 Application for certificate of authorization--Contents.
36-18A-50 Issuance of certificate of authorization--Certificate not transferable--Exempt business.
36-18A-51 Business to report changes in information supplied on application--Time limit.
36-18A-52 General provisions applicable to business entities.
36-18A-53 Employee not responsible for corporate violations--Exception.
36-18A-54 Board inquiries and investigation of violations--Report and prosecution.
36-18A-55 Board authorized to administer oaths, subpoena witnesses--Court order to compel compliance.
36-18A-56 Proof of injury not necessary for board action on certain violations.
36-18A-57 Disciplinary remedies available to board.
36-18A-58 Additional remedies.
36-18A-59 Proceedings for revocation or suspension of license.
36-18A-60 Findings and actions of board subject to appeal.
36-18A-61 Civil remedies available to board.
36-18A-62 Service of cease and desist order.
36-18A-63 Report issued after hearing--Further order.
36-18A-64 Order becomes final if no hearing requested--Other remedies not precluded.
36-18A-65 Prohibited acts--Violation as Class 2 misdemeanor.
36-18A-66 Prohibited acts--Repeated violation as Class 1 misdemeanor.
36-18A-67 Fee to reimburse board for costs.
36-18A-68 Limitation on liability of licensed professionals--Exception.
36-18A-69 Contracts in violation unenforceable.
36-18A-70 Plans, specifications, plats and submissions in violation unacceptable.
36-18A-71 Register of deeds not to record land survey documents which do not contain signature, seal and date.
36-18A-72 Board to establish procedures and standards for certification of environmental technical services.
36-18A-73 Certification required for environmental technical services--Violation as misdemeanor.
36-18A-74 Continuation of licenses and enrollments issued under chapter 36-18.
36-18A-75 Certain activities of golf course designers authorized--\"Golf course designer\" defined.
36-18A-76 Limitation on liability of architects and engineers related to services provided upon request of official following disaster or catastrophic event.
36-18A-1. Definition of terms.
Terms used in this chapter mean:
(1) \"Alteration,\" for the purpose of determining exemptions, any remodeling, renovation, or reconstruction to a building which changes the use, occupancy classification, or occupant load, or the exiting, structural, mechanical, or electrical systems of a building as defined by the building code;
(2) \"Architect,\" any person licensed in good standing and legally authorized to practice architecture in this state;
(3) \"Architectural intern,\" any person who has successfully completed an accredited education program in architecture acceptable to the board and is enrolled in the intern development program administered by the National Council of Architectural Registration Boards;
(4) \"Board,\" the Board of Technical Professions;
(5) \"Building,\" any structure used or intended to support or shelter any occupancy;
(6) \"Building or floor area,\" the sum of the areas of all of the floors of a building, including basements, mezzanine, and intermediate tiers, and penthouses of headroom height, measured from the exterior faces of exterior walls or from the center line of the wall separating buildings. The building area does not include such features as pipe trenches, exterior terraces or steps, chimneys, vent shafts, courts, and roof overhangs. The floor area of enlargements shall be added to the existing building area. A fire or area separation wall is not an exterior wall for the purposes of this definition;
(7) \"Building official,\" the officer or other designated authority charged with the administration and enforcement of the adopted code;
(8) \"Business entity,\" any corporation, partnership, limited liability corporation, limited liability partnership, or sole proprietorship that practices or offers to practice engineering, architecture, land surveying, landscape architecture, petroleum release assessment, or petroleum release remediation services to the public through its licensed personnel who are either employees, officers, directors, partners, members, managers, or owners and that have been issued a certificate of authorization by the board;
(9) \"Construction administration,\" the interpretation of drawings and specifications, the establishment of standards of acceptable workmanship, and the site observation of construction, by a licensed professional, for the purpose of determining whether the work is in general accordance with the construction contract documents. Shop drawing review, coordination of a construction project among the owner, architect, engineer, contractor, and subcontractors, and inspection of construction by contractors, subcontractors, owner's agents, building officials, or other unlicensed professionals does not constitute construction administration;
(10) \"Corrective action,\" an action taken to minimize, contain, eliminate, remediate, mitigate, or clean up a petroleum release, excluding removal of a petroleum tank of less than one thousand one hundred gallons;
(11) \"Design-build,\" a delivery approach in which a project team of design professionals and builders perform design and construction services under contract with a client;
(12) \"Engineer,\" a person who is qualified to practice engineering by reason of special knowledge and use of the mathematical, physical, and engineering sciences and the principles and methods of engineering analysis and design, acquired by engineering education and engineering experience;
(13) \"Engineering intern\" or \"engineer-in- training\" or \"EI\" or \"EIT,\" a person enrolled by the board as an engineering intern and who has successfully passed the fundamentals of engineering examination;
(14) \"Enlargement,\" for the purpose of determining exemptions, is any addition to a building which changes the use, occupancy classification, or occupant load, or the exiting, structural, mechanical, or electrical systems of a building as defined by the building code adopted by the board;
(15) \"Land surveyor,\" a person licensed in good standing and legally authorized to practice land surveying in this state;
(16) \"Land surveying intern\" or \"land surveyor-in-training\" or \"LSI\" or \"LSIT,\" a person enrolled by the board as a land surveying intern who has successfully passed the fundamentals of land surveying examination;
(17) \"Landscape architect,\" a person licensed in good standing and legally authorized to practice landscape architecture in this state;
(18) \"Landscape architectural intern,\" a person who has successfully completed an accredited education program in landscape architecture adopted by the board;
(19) \"License,\" a certificate indicating authority to practice and use titles within a profession;
(20) \"Licensee,\" a person or business entity whose license is in good standing;
(21) \"Petroleum,\" gasoline, alcohol-blended fuels, diesel fuels, aviation gasoline, jet fuel, fuel oil, kerosene, burner oil, naphtha, lubricating oils, motor oil, automatic transmission fluid, waste oil, or alcohols that have been denatured with gasoline and stored to be used as blended fuel-grade ethanol;
(22) \"Petroleum release assessor,\" a person licensed in good standing and legally authorized to practice petroleum release assessment in this state;
(23) \"Petroleum release remediator,\" a person licensed in good standing and legally authorized to practice petroleum release remediation in this state;
(24) \"Professional engineer,\" a person licensed in good standing and legally authorized to practice engineering in this state;
(25) \"Release,\" the spilling, leaking, emitting, discharging, escaping, leaching, or disposing of a reportable quantity of petroleum;
(26) \"Remedial investigation,\" an action to identify the corrective action to be taken to protect the public health, safety, and environment and to contain a release of petroleum into the environment;
(27) \"Responsible charge,\" the immediate and responsible direction by a licensed professional who has exercised personal direction, guidance, and control over the design, preparation of documents, construction administration, and other professional services and has exercised professional judgment in all matters relating to those services;
(28) \"Retired licensee,\" a person who is retired and is no longer licensed to practice that person's profession may use the appropriate honorific title or combination of titles of Architect, Retired; Professional Engineer, Retired; Land Surveyor, Retired; or Landscape Architect, Retired;
(29) \"Site assessment,\" an action to identify the existence, source, nature, and extent of a release and the extent of any danger to public health, safety, and welfare of the public or environment;
(30) \"Site observation,\" the visual observation of a construction project for general compliance with submitted plans and specifications at significant stages and at project completion.
Source: SL 1999, ch 195, § 1; SL 2007, ch 219, §§ 1, 2.
36-18A-1.1. Inactive licensee defined.
For the purposes of this chapter, the term, inactive licensee, means a licensee who ceases to practice or offer to practice in the licensee's profession and who does not wish to renew but would like his or her files to be kept active for possible reinstatement. An active licensee may be granted inactive status. No inactive licensee may practice or offer to practice professional services in South Dakota unless otherwise exempted in this chapter. Any inactive licensee is exempt from the continuing education requirements.
Source: SL 2007, ch 219, § 3.
36-18A-2. Practice of architecture defined.
For the purposes of this chapter, the term, practice of architecture, means the practice or offering to practice any service in connection with the design, evaluation, construction, enlargement, or alteration of a building or group of buildings and the space within and surrounding such buildings, which have as their principal purpose human occupancy or habitation. Such service includes consultation; evaluation; planning; providing preliminary studies; designs; overall interior and exterior building design; preparation of drawings, specifications, and related documents and other technical submissions; construction administration services which include the review or observation of construction for the purpose of determining whether the work is in general accordance with the design, drawings, specifications, codes, and other technical submissions; and coordination of services furnished by the architect, licensed professional engineers, and other consultants as they relate to architectural work in connection with the design and construction of any private or public building, building project, or integral part or parts of buildings, or any addition or alteration thereto. The term also includes representation of clients in connection with the construction administration services entered into between clients and contractor and others.
Source: SL 1999, ch 195, § 2; SL 2007, ch 219, § 4.
36-18A-3. Practice of engineering, design coordination, and engineering studies defined.
For the purposes of this chapter, the term, practice of engineering, means the practice or offering to practice of any service or creative work, the adequate performance of which requires engineering education, training, and experience in the application of special knowledge of the mathematical, physical, and engineering sciences to such services or creative work. Such service or work includes consultation; investigation; evaluation; planning; design; and design coordination of engineering works and systems; planning the use of land and water; land-use studies; teaching of advanced engineering design subjects; performing engineering studies; and the review or observation of construction for the purpose to determine whether the work is in general accordance with drawings, specifications, and other technical submissions. Any such service or work, either public or private, may be in connection with any utilities, structures, buildings, machines, equipment, processes, work systems, projects, and industrial or consumer products, or equipment of a mechanical, electrical, hydraulic, pneumatic, or thermal nature, insofar as they involve safeguarding life, health, or property, and including such other professional services as are necessary to the planning, progress, and completion of any engineering services.
For the purposes of this section, the term, design coordination, includes the review and coordination of those technical submissions prepared by others, including consulting engineers, architects, landscape architects, land surveyors, and other professionals working under the direction of the engineer. The term, engineering studies, includes all activities required to support the sound conception, planning, design, construction, maintenance, and operation of engineered projects, but excludes the surveying of real property for the establishment of land boundaries, rights-of-way, easement exhibits relating to land boundaries, and the dependent or independent surveys or resurveys of the public land survey system.
A person is construed to practice or offer to practice engineering if the person practices any branch of the profession of engineering, if the person, by verbal claim, sign, advertisement, letterhead, card, or in any other way represents himself or herself to be a professional engineer, or if the person through the use of some other title implies that the person is a professional engineer or that the person is licensed under these provisions, or if the person holds himself or herself out as able to perform or does perform any engineering service or work or any other service designated by the practitioner which is recognized as engineering.
Source: SL 1999, ch 195, § 3; SL 2007, ch 219, § 5.
36-18A-4. Practice of land surveying defined.
For the purposes of this chapter, the term, practice of land surveying, means the practice or offering to practice professional services such as consultation, investigation, testimony evaluation, land-use studies, planning, mapping, assembling, interpreting reliable scientific measurements and information relative to the location, size, shape, or physical features of the earth, improvements on the earth, the space above the earth, or any part of the earth, and utilization and development of these facts and interpretation into an orderly survey map, plan, report, description, or project.
The practice of land surveying includes any of the following:
(1) Locates, relocates, establishes, reestablishes, lays out, or retraces any property line or boundary of any tract of land or any road, right-of-way, easement, alignment, or elevation of any of the fixed works embraced within the practice of land surveying;
(2) Makes any survey for the subdivision of any tract of land;
(3) Determines, by the use of principles of land surveying, the position for any survey monument or reference point; or sets, resets, or replaces any such monument or reference point;
(4) Determines the configuration or contour of the earth's surface or the position of fixed objects on the earth's surface by measuring lines and angles and applying the principles of mathematics;
(5) Geodetic surveying which includes surveying for determination of the size and shape of the earth utilizing angular and linear measurements through spatially oriented spherical geometry; or
(6) Creates, prepares, or modifies electronic or computerized data, including land formation systems and geographic information systems, relative to the performance of the activities in subdivisions (1) to (5), inclusive, of this section.
Source: SL 1999, ch 195, § 4; SL 2016, ch 195, § 1.
36-18A-5. Practice of landscape architecture defined.
For the purposes of this chapter, the term, practice of landscape architecture, means the practice or offering to practice landscape architecture projects, including preparing preliminary studies, providing land-use studies, developing design concepts, planning for the relationships of physical improvements and intended uses of the site, establishing form and aesthetic elements, analyzing and providing for life safety requirements, developing those construction details on the site which are exclusive of any building or structure and do not require the seal of an engineer or architect, preparing and coordinating technical submissions, and conducting site observation of landscape architecture projects.
Landscape architecture, for the purposes of landscape preservation, development, and enhancement, includes: investigation, selection, and allocation of land and water resources for appropriate use; feasibility studies; formulation of graphic and written criteria to govern the planning and design of land construction programs; preparation, review, and analysis of master plans for land use and development; production of overall site plans, landscape grading and landscape drainage plans, irrigation plans, planting plans, and construction details; specifications; cost estimates and reports for land development; collaboration in design of roads, bridges, and structures with respect to the functional and aesthetic requirements of the areas on which they are to be placed; negotiation and arrangement for execution of land area projects; field observation and inspection of land area construction, restoration, and maintenance.
Source: SL 1999, ch 195, § 5; SL 2016, ch 195, § 2.
36-18A-6. Practice of petroleum release assessment defined.
For the purposes of this chapter, the term, practice of petroleum release assessment, means the practice of directing or supervising the field crew performing activities related to assessments and environmental monitoring; developing assessment plans; directing the placement of soil borings and determining where to collect samples for analytical data; determining the location of representative soil samples for contaminant analysis; identifying and classifying soil types and soil conditions; preparing soil boring logs or supervising preparation of logs; testing and reporting on the physical and chemical properties of soils; identifying and reporting on geological conditions; developing and implementing groundwater evaluation activities; directing the placement of monitoring or observation wells; evaluating aquifer characteristics; formulating input data for groundwater flow models; operating groundwater models and interpreting results; directing the performance of pump tests or dye tests and other aquifer tests; interpreting the results of aquifer testing; determining capture zones for groundwater removal systems; evaluating and reporting on physical and chemical groundwater data; or offering to provide any services pursuant to this section.
Source: SL 1999, ch 195, § 6.
36-18A-7. Practice of petroleum release remediation defined.
For the purposes of this chapter, the term, practice of petroleum release remediation, means the practice of interpreting assessment results; formulating input data for contaminant models; operating contaminant models and interpreting results; identifying the potential fate of contaminants and environmental transport mechanisms; identifying the environmental risks and health hazards of contaminants and contaminated media; directing or supervising the disposal of contaminated soil and groundwater; evaluating and recommending remediation alternatives; preparing a cost estimate or cost-effective analysis for remedial alternatives; developing soil and groundwater remediation systems; preparing the plans and specifications for remedial systems; directing or supervising the installation, operation, and maintenance of remedial systems; overseeing and directing assessment and remedial activities; signing assessment plans, assessment reports, and remedial action plans; or offering to provide any of the services pursuant to this section. A petroleum release remediator may perform all the functions of a petroleum release assessor.
Source: SL 1999, ch 195, § 7.
36-18A-8. License required to practice professions enumerated in chapter.
Any person or business entity practicing or offering to practice architecture, engineering, land surveying, landscape architecture, or petroleum release assessment or remediation shall submit evidence of qualifications to the board and be licensed in accordance with the provisions of this chapter. No person or business entity may practice or offer to practice any of these professions, or to use in connection with that person's or business entity's name or otherwise assume, use, or advertise any title or description that may falsely convey the impression that the person is duly licensed under the provisions of this chapter unless the person is so licensed.
Source: SL 1999, ch 195, § 8; SL 2007, ch 219, § 6.
36-18A-9. Certain persons exempt from provisions of chapter.
This chapter does not apply to:
(1) Any person engaged in military engineering while rendering service exclusively for any of the armed forces of the United States or this state;
(2) Any person engaged in the practice of engineering, architecture, landscape architecture, or land surveying in the employ of the United States government but only while exclusively engaged as a United States government employee on such government project or projects which lie within federally-owned land;
(3) Any person engaged in the practice of engineering, architecture, landscape architecture, or land surveying in the employ of the state and any of its political subdivisions but only while rendering service exclusively to such employer. Any building project resulting from the practice of engineering, architecture, landscape architecture, or land surveying under this subdivision is subject to the size limitation imposed under the exemptions in subdivision (8) of this section;
(4) Any employee who prepares technical submissions or administers construction contracts for a person or organization lawfully engaged in the practice of engineering, architecture, landscape architecture, or land surveying, if the employee is under the direct supervision of a registered professional engineer, architect, landscape architect, or land surveyor;
(5) Any full-time employee of a corporation, partnership, firm, business entity, or public utility while exclusively doing work for the corporation, partnership, firm, business entity, or public utility, if the work performed is in connection with the property, products, and services utilized by the employer and not for any corporation, partnership, firm, or business entity practicing or offering to practice architectural, engineering, landscape architecture, or land surveying services to the public. The provisions of this subdivision do not apply to any building or structure if the primary use is occupancy by the public;
(6) Any person engaged in the preparation of plans and specifications for the erection, enlargement, or alteration of any of the following buildings:
(a) Any dwelling for a single family, and any outbuilding in connection therewith, such as a barn or private garage;
(b) Any two, three, or four family dwelling;
(c) Any five to sixteen family dwelling, inclusive, located in a governmental subdivision of this state which provides a detailed building code review of building projects by a building inspection department which is a governmental member of the International Code Council (ICC) or an ICC certified plans examiner;
(d) Any farm or ranch building or accessory thereto except any building regularly used for public purposes; or
(e) Any temporary building or shed used exclusively for construction purposes, not exceeding two stories in height, and not used for living quarters;
(7) Any person who prepares detailed or shop plans required to be furnished by a contractor to a registered professional engineer or architect, and any construction superintendent supervising the execution of work designed by an architect or professional engineer registered in accordance with this chapter;
(8) Any person engaged in the preparation of plans and specifications for the new construction, the enlargement or the alteration of any of the following buildings:
(a) Any building occupied as a hospital, hotel, motel, restaurant, library, medical office, nursing facility, assisted living facility, jail, retirement home, or mortuary, if the gross square footage of the new construction, the enlargement, or the alteration is four thousand square feet or less;
(b) Any building occupied as an auditorium, church, school, or theater if the gross square footage of the new construction, the enlargement, or the alteration is five thousand square feet or less;
(c) Any building occupied as a bowling alley, office, shopping center, bank, fire station, service station, or store if the gross square footage of the new construction, the enlargement, or the alteration is seven thousand square feet or less;
(d) Any building occupied as an industrial plant or public garage if the gross square footage of the new construction, the enlargement, or the alteration is eleven thousand square feet or less;
(e) Any building occupied as a warehouse if the gross square footage of the new construction, the enlargement, or the alteration is twenty thousand square feet or less;
(f) Any building with an occupancy other than those listed in subsections (a) to (e), inclusive, of this subdivision if the gross square footage of the new construction, the enlargement, or the alteration is four thousand square feet of less; or
(g) Any preengineered or predesigned building, or any preengineered or predesigned building with a predesigned system, designed for the intended use of that building, including building structure, electrical, plumbing, and mechanical systems, if the buildings and systems are supplied directly, or indirectly, by a company engaged in the business of designing and supply such buildings and systems and if the company has in its employ one or more engineers or architects licensed in South Dakota, who prepare all designs for such buildings and systems.
No person exempted may use the title of professional engineer, architect, landscape architect, or land surveyor, or any other word, words, letters, or signs in connection with the person's name that may falsely convey the impression that the person is a licensed professional engineer, architect, landscape architect, or land surveyor.
Source: SL 1999, ch 195, § 9; SL 2007, ch 219, § 7; SL 2016, ch 195, § 3.
36-18A-10. Building consisting of more than one type of occupancy--Limitations for each type.
For the purposes of subdivision 36-18A-9(8) of this chapter, if a building consists of more than one type of occupancy, each portion of the building shall conform to the limitations established by that subdivision for each type of occupancy. The area of the building shall be such that the sum of the ratios of the actual area for each separate occupancy divided by the total allowable area allowed by that subdivision for each separate occupancy does not exceed one.
Source: SL 1999, ch 195, § 10.
36-18A-11. Design-build services by contractor.
This chapter does not prohibit a contractor from offering to provide or from providing design-build services if the architectural and engineering services offered or provided in connection with the design-build services are rendered by an architect or professional engineer licensed in accordance with this chapter.
Source: SL 1999, ch 195, § 11.
36-18A-12. Certain services performed by authorized petroleum release business exempt.
This chapter does not apply to providers of services such as drilling or monitoring well installation, analytical testing, monitoring, electrical, plumbing, excavation, or construction if the service provided is part of a site assessment, remedial investigation, or corrective action to remediate water or soil contaminated from a petroleum release performed or executed by an authorized petroleum release business entity with a certificate of authorization.
Source: SL 1999, ch 195, § 12.
36-18A-13. Incidental cross-practice by architects and engineers.
An architect may engage in the practice of professional engineering, or a professional engineer may engage in the practice of architecture, but only to the extent that such practice is incidental or of minor importance to a project or service being legally performed under this chapter.
Source: SL 1999, ch 195, § 13.
36-18A-14. Board of Technical Professions created--Certificate of appointment--Oath of office--Number and terms of members--Composition.
The Board of Technical Professions is created to administer the provisions of this chapter. Each member of the board shall receive a certificate of appointment from the Governor and shall file with the secretary of state a written oath for the faithful discharge of the member's official duties. The board shall consist of seven members to be appointed by the Governor for a term of three years. No member may serve more than three consecutive full terms. However, appointment to fill an unexpired term is not considered a complete term for this purpose. The board shall be composed of two professional engineers, two architects, two land surveyors, and one member from the public. The Governor may stagger the terms to enable the board to have different terms expire each year. Any member appointed to the board prior to July 1, 2005, shall serve the four-year term to which the member was originally appointed. Any member appointed to the board after July 1, 2005, shall serve a three-year term.
Source: SL 1999, ch 195, § 14; SL 2005, ch 199, § 49.
36-18A-15. Board member qualifications.
Each member of the board shall be a citizen of the United States, a resident of this state, and in good standing with the board. Any member of the board whose individual license is revoked or suspended automatically ceases to be a member of the board. The public member may not be or have been engaged in any activity subject to licensure under this chapter. The members may not all be of the same political party.
Source: SL 1999, ch 195, § 15; SL 2007, ch 219, § 8.
36-18A-16. Immunity of board members--Attorney general to represent board.
The members of the board, or any committee of the board, and the executive director of the board are immune from liability in damages, and no cause of action for damages may arise against them for any act or proceeding undertaken or performed by them within their official capacity if they acted in good faith. These persons, while acting upon disciplinary matters and in carrying out civil remedies, are deemed to be acting as officers of the state. The attorney general shall represent and appear for them in any action or proceeding brought by or against them because of such acts.
Source: SL 1999, ch 195, § 16.
36-18A-17. Removal of board member--Filling of vacancies.
The Governor may remove any member of the board for misconduct, incapacity, or neglect of duty. Any member appointed to fill a vacancy arising from other than the natural expiration of a term shall serve for only the unexpired portion of the term.
Source: SL 1999, ch 195, § 17.
36-18A-18. Board to elect officers--Meetings--Quorum--Inclusion in blanket bond.
The board shall annually elect from its members a chair, a vice chair, and a secretary. The board shall hold at least six regular meetings in each year. Special meetings may be called and notice of all meetings shall be given in such manner as the public meetings laws may provide. At all meetings, a majority of the board constitutes a quorum. The board and its employees may be included in the state blanket bond purchased pursuant to § 3-5-5.1.
Source: SL 1999, ch 195, § 18; SL 2007, ch 219, § 9.
36-18A-19. Accounting for moneys received--Disbursement of funds--Vouchers and warrants.
The executive director of the board shall receive and account for all money derived under the provisions of this chapter. All money shall be used by the board to administer the duties set forth under this chapter. The board may determine the manner of disbursing the money and purposes for which disbursements shall be made. Warrants for the payment of disbursements shall be issued by the state auditor and paid by the state treasurer upon presentation of itemized vouchers approved by the board. The total of the warrants may not exceed the total balance.
Source: SL 1999, ch 195, § 19.
36-18A-20. Employment of counsel and assistance in enforcement.
The board may employ counsel and other necessary assistance to aid in the enforcement of this chapter or for the assistance of any proceeding commenced by the attorney general or by a state's attorney, the compensation and expenses of whom shall be paid from the technical professions fund.
Source: SL 1999, ch 195, § 20.
36-18A-21. Employment of executive director and staff--Offices.
The board shall employ an executive director who shall work under the direction of the board and shall be delegated the duties necessary to conduct board business. The board may employ staff and rent offices as necessary for the proper performance of its duties as prescribed in this chapter. The compensation and expenses shall be paid from the technical professions fund.
Source: SL 1999, ch 195, § 21.
36-18A-22. Board to promulgate rules--Scope of rules--Existing rules remain in effect.
The board shall, pursuant to chapter 1-26, promulgate rules that may be reasonably necessary for the performance of its duties, the regulation of proceedings before it, and the licensure of the professions it regulates. The existing rules promulgated under the previous chapter 36-18 remain in effect until replaced. The board shall promulgate rules, pursuant to chapter 1-26, for the licensure of professional engineers, architects, land surveyors, landscape architects, and petroleum release assessors and remediators in the following areas:
(1) Forms such as applications, renewals, licenses or certificates, and receipts for applicants, licensed professionals, and business entities;
(2) Fees for applications, examinations, renewals, late penalties, lists and labels of licensees, returned checks, reinstatement, inactive status, ability to allow a vendor to collect fees for examinations, waiver of fees;
(3) Criteria for types of education degrees, approval of accredited programs, intern programs, type of experience, length of experience, national and state specific examinations, use of computer examinations, criteria from other countries, procedure to evaluate foreign degrees, eligibility of applicants, dual licenses;
(4) Continuing professional education and development content, hours, carryovers, and requirements;
(5) How, when, and where to seal plans and documents; type of seal; required services to be provided; and criteria to define complete plans, minimum standards of practice, and guidelines;
(6) Description of and criteria for construction administration, including a designation of who is to perform construction administration and criteria for a prime professional or a coordinating professional;
(7) Requirements for compliance with local building code; and
(8) The adoption of a code of professional conduct.
Source: SL 1999, ch 195, § 22; SL 2007, ch 219, § 10; SL 2021, ch 168, § 25.
36-18A-23. Board continued within Department of Labor and Regulation--Retains functions of previous commission.
The Board of Technical Professions shall continue within the Department of Labor and Regulation and shall retain all the prescribed functions, including administrative functions, of the previous State Commission of Engineering, Architectural and Land Surveying Examiners.
Source: SL 1999, ch 195, § 23; SL 2003, ch 272 (Ex. Ord. 03-1), § 47; SL 2011, ch 1 (Ex. Ord. 11-1), § 33, eff. Apr. 12, 2011.
36-18A-24. Record and report policy.
The board shall maintain the following record and report policy:
(1) A record of its proceedings and all current applications of licensure shall be retained;
(2) The record of the board shall be prima facie evidence of the proceedings of the board, and a transcript thereof, duly certified by the executive director of the board, shall be admissible as evidence with the same force and effect as if the original were produced; and
(3) The following are of a confidential nature and are not public records: examination scores, examination material, examination problem solutions, letters of inquiry and references concerning applicants, board inquiry forms concerning applicants and licensees, and investigation files if any investigation is still pending.
Source: SL 1999, ch 195, § 24.
36-18A-25. Engineering intern--Qualifications.
Any applicant for enrollment as an engineering intern shall provide evidence satisfactory to the board that the applicant has graduated from or is admitted in an accredited engineering curriculum and has passed an examination. The examination may be taken during the applicant's senior year of study or at such time as may be determined by the board. The board shall promulgate rules, pursuant to chapter 1-26, to establish education, experience, and examination criteria.
Source: SL 1999, ch 195, § 25.
36-18A-26. Professional engineer licensure qualifications--Board to establish criteria.
Any applicant for licensure as a professional engineer shall provide the following evidence satisfactory to the board:
(1) Graduation from an accredited engineering college, university, or technical program;
(2) Completion of the minimum number of years of diversified engineering experience under the supervision of a licensed professional engineer; and
(3) Successful completion of examinations.
The board shall promulgate rules, pursuant to chapter 1-26, to establish education, experience, and examination criteria.
Source: SL 1999, ch 195, § 26; SL 2007, ch 219, § 11.
36-18A-27. Architect licensure qualifications--Certification by National Council of Architectural Registration Boards in lieu of qualifications--Board to establish criteria.
Any applicant for licensure as an architect shall provide the following evidence satisfactory to the board:
(1) Graduation with an accredited professional degree in architecture;
(2) Completion of the national architectural intern development program; and
(3) Successful completion of examinations.
The board may qualify an applicant who holds a certification issued by the National Council of Architectural Registration Boards in lieu of the qualifications listed in this section. The board shall promulgate rules, pursuant to chapter 1-26, to establish education, experience, and examination criteria.
Source: SL 1999, ch 195, § 27.
36-18A-28. Land surveying intern qualifications--Board to establish criteria.
Any applicant for enrollment as a land surveying intern shall provide evidence satisfactory to the board that the applicant has graduated from an accredited surveying or engineering curriculum, or substantially similar experience acceptable to the board and has passed an examination. The examination may be taken during the applicant's senior year of study or at such time as may be determined by the board. The board shall promulgate rules pursuant to chapter 1-26 to establish education, experience, and examination criteria.
Source: SL 1999, ch 195, § 28.
36-18A-29. Land surveyor qualifications--Board to establish criteria.
Any applicant for licensure as a land surveyor shall provide the following evidence satisfactory to the board:
(1) Graduation from an accredited engineering or land surveying college, university, or technical program with a minimum of twenty credit hours of surveying curriculum, or substituted experience, in whole or part, acceptable to the board;
(2) Completion of the minimum number of years of diversified surveying experience under the supervision of a licensed land surveyor; and
(3) Successful completion of examinations.
The board shall promulgate rules pursuant to chapter 1-26 to establish education, experience, and examination criteria.
Source: SL 1999, ch 195, § 29.
36-18A-30. Landscape architect qualifications--Certification by Council of Landscape Architectural Registration Boards in lieu of qualifications--Board to establish criteria.
Any applicant for licensure as a landscape architect shall provide the following evidence satisfactory to the board:
(1) Graduation from an accredited program of landscape architecture;
(2) Completion of a council record from the Council of Landscape Architectural Registration Boards; and
(3) Successful completion of examinations.
The board may qualify an applicant who holds a certification issued by the Council of Landscape Architectural Registration Boards in lieu of the qualifications listed in this section. The board shall promulgate rules, pursuant to chapter 1-26, to establish education, experience, and examination criteria.
Source: SL 1999, ch 195, § 30.
36-18A-31. Petroleum release assessor or remediator--Qualifications--Board to establish criteria.
Any applicant for licensure as a petroleum release assessor or remediator shall provide the following evidence satisfactory to the board:
(1) Completion of education and experience requirements; and
(2) Successful completion of examinations.
The board shall promulgate rules pursuant to chapter 1-26 to establish education, experience, and examination criteria.
Source: SL 1999, ch 195, § 31.
36-18A-32. Oral interview--Failure to provide information as grounds for disciplinary action--Interpretation of experience and education.
The board may require the applicant to appear for an oral interview if there are questions as to the depth, extent, and quality of any experience. Failure to supply additional evidence or information within thirty days from the date of a written request from the board, or failure to appear before the board if an appearance is requested, may be considered cause for disciplinary action or disapproval of an application. The board shall interpret qualifying experience and education according to the following:
(1) Qualifying experience is diversified, general practice experience of a progressive degree of difficulty, magnitude, and responsibility under proper professional guidance and supervision of licensed persons;
(2) For partially completed work in accredited or approved degree granting curriculums, education credit of three-fourths of a year may be allowed for each thirty semester hours of study. For work in vocational or trade schools, education credit of one-half of a year may be allowed for each thirty semester hours of study;
(3) Education from foreign schools shall be evaluated with accredited programs in the United States, and experience in foreign employment under licensed persons shall be evaluated by the board;
(4) Qualifying experience under proper professional guidance and supervision of licensed persons gained in work experience with governmental agencies, the military, construction, sales, and industry requiring the application of skills normally taught in the schools of engineering, science, architecture, or land surveying may be evaluated by the board. The board shall give credit for experience as warranted;
(5) Teaching at the junior year level and above of engineering, science, architectural, landscape architectural, and land surveying courses in accredited or approved curriculums is acceptable experience for a maximum of one year.
Source: SL 1999, ch 195, § 32.
36-18A-33. Examination requirements--Fees.
The board shall admit to examination any candidate who pays a fee, not to exceed two hundred dollars, established by the board and submits an application with evidence satisfactory to the board that the applicant satisfies the necessary education and experience requirements. The board may require an applicant for licensure or a current licensee to take an examination as it deems necessary to determine that person's professional minimum competency. Upon approval of examination applications, examination fees may be paid by the applicant directly to a national vendor or third party. The board may hold membership in and be represented at national councils or organizations of professional practices licensed under this chapter and may pay the appropriate membership fees. The board may allow proctoring of examinations for approved candidates at out-of-state or overseas sites by administrators of national council member boards. The board may accept candidates to be proctored in this state from other national council member boards. A take-home questionnaire based on statutes and rules and related to professionalism and ethics may also be required. The board shall promulgate rules, pursuant to chapter 1-26, to establish application, examination, and proctor fees for all examinations. No fee may exceed one thousand dollars.
Source: SL 1999, ch 195, § 33; SL 2009, ch 184, § 4.
36-18A-34. Notice of results--Reexamination--Fees.
The board shall notify each applicant of the results of the examination and those entitled to licensure or enrollment. If an applicant fails the examination and the applicant's application is still current, subsequent reexaminations may be granted upon payment of a fee. The board shall promulgate rules, pursuant to chapter 1-26, to establish reexamination fees, not to exceed two hundred dollars, for all licensure and enrollment applicants.
Source: SL 1999, ch 195, § 34; SL 2009, ch 184, § 5.
36-18A-35. Licensure--Comity consideration--Promulgation of Rules--Fee.
The board may give comity consideration to any person who holds a current and valid license issued to that person for active practice by the proper authority in any state or territory of the United States, the District of Columbia, or any foreign country, based on requirements that do not conflict with the provisions of this chapter and are of a standard not lower than that specified in the applicable licensure act in effect in this state at the time the license was issued. The board may consider qualifying experience gained after initial licensure for the required years of experience. An applicant is required to take any examinations the board considers necessary to determine the applicant's competency. A comity applicant for landscape architecture shall hold a current and valid certification from the Council of Landscape Architectural Registration Boards to be eligible for comity licensure. The board shall promulgate rules, pursuant to chapter 1-26, to set the application fee for licensure by comity. The fee may not exceed two hundred dollars.
Source: SL 1999, ch 195, § 35; SL 2009, ch 184, § 6; SL 2020, ch 161, § 1.
36-18A-36. License issued to successful applicant.
The board shall grant a license to any applicant as a professional engineer, architect, land surveyor, landscape architect, petroleum release assessor or remediator, or for any two or more of these titles who has met the requirements of this chapter.
Source: SL 1999, ch 195, § 36.
36-18A-37. Display of license in place of business--Replacement license.
The license shall be displayed in a conspicuous place in the licensee's principal office, place of business, or place of employment within the state. A duplicate license to replace a lost, destroyed, or mutilated license shall be issued upon payment of a fee established by the board pursuant to chapter 1-26.
Source: SL 1999, ch 195, § 37; SL 2016, ch 195, § 4.
36-18A-38. Practice permitted recipient of license--Use of titles--License as evidence.
The recipient of a license issued under this chapter may practice engineering, architecture, land surveying, landscape architecture, petroleum release assessment, or petroleum release remediation and use the appropriate title professional engineer, architect, land surveyor, landscape architect, petroleum release assessor, or petroleum release remediator. A licensee may use a title either with or without prefixing the word, licensed or registered. No licensee may practice a profession or use a title unless the license specifically permits such practice and usage. An unrevoked and unexpired license issued as provided in this chapter is presumptive evidence in all courts and places that the person named is legally licensed.
Source: SL 1999, ch 195, § 38.
36-18A-39. Expiration and biennial renewal of licenses--Continuing professional education.
A license expires two years after the date of issuance and becomes invalid on that date unless renewed by that date. Any professional engineer, architect, land surveyor, landscape architect, or petroleum release assessor or remediator licensed under this chapter who desires to continue to practice or offer to practice the licensee's profession shall:
(1) Pay the renewal fee, not to exceed two hundred dollars, established by the board in rules promulgated pursuant to chapter 1-26; and
(2) Successfully complete all continuing professional development requirements established by the board or make a showing of good cause why the licensee was unable to comply with such requirements.
The board shall promulgate rules, pursuant to chapter 1-26, to establish continuing professional education and development criteria.
Source: SL 1999, ch 195, § 39; SL 2009, ch 184, § 7.
36-18A-40. Failure to complete continuing professional development requirements as grounds for nonrenewal--Inactive or retired status.
The board may decline to renew a license if an applicant has not completed continuing professional development requirements. A license for a two-year period shall be issued upon completion of the requirements. The board may provide, by rules promulgated pursuant to chapter 1-26, for the inactive or retired status of a person who has been duly licensed under this chapter and who chooses to relinquish or not to renew a license.
Source: SL 1999, ch 195, § 40.
36-18A-41. Advance notice by board of expiration of license, professional development requirements, and fees.
The board shall notify by mail any person licensed under this chapter of the date of expiration of the license, the requirement of professional development hours, and the amount of the fee required for renewal. The notice shall be mailed to the last known address of the licensee at least one month in advance of the date of expiration of the license. A licensee shall notify the board of any address changes.
Source: SL 1999, ch 195, § 41.
36-18A-42. Reinstatement of expired license or request for inactive status--Time limits--Requirements for reinstatement.
A person or business entity may reinstate an expired license or request inactive status within three years after a license's date of expiration if the person or business entity is otherwise qualified. The fee for the reinstatement of the license or requesting inactive status after it has expired shall be increased by an amount to be determined by the board in rules promulgated pursuant to chapter 1-26. A person requesting reinstatement of an expired or inactive license shall complete the requirements for continuing professional development and any reexaminations and pay any penalty fees. If a person or business entity fails to reinstate an expired license or request inactive status within the three years after the date of expiration, all relevant files shall be destroyed. A person or business entity requesting licensure after three years shall submit an application for a new license. A person or business entity shall retain the person's or business entity's original license number.
Source: SL 1999, ch 195, § 42; SL 2007, ch 219, § 12.
36-18A-43. Request for inactive or retired status--Fee.
Any licensed person may request that the person's license be placed on inactive or retired status. A fee, not to exceed two hundred dollars, to place files on inactive or retired status shall be determined by the board in rules promulgated pursuant to chapter 1-26. Failure to render any fees required for inactive or retired status shall result in the automatic termination of inactive or retired status. The request for files to be placed on inactive or retired status may be denied by the board. No person may practice or offer to practice while that person's files are inactive or retired.
Source: SL 1999, ch 195, § 43; SL 2009, ch 184, § 8.
36-18A-44. Seal of licensees--Contents--Signature--Certain persons prohibited from using seal.
Any licensed professional engineer, architect, land surveyor, and landscape architect shall use an appropriate seal. The seal shall contain the following information:
(1) The name, South Dakota;
(2) Licensee's name;
(3) License number; and
(4) The appropriate title or combination of titles: Professional Engineer, Architect, Land Surveyor, Landscape Architect.
The seal shall be legible and shall have an outer circle with a diameter measuring at least one inch and no greater than two inches and an inner circle with a diameter measuring five-eighths of the diameter of the outer circle. Titles may be prefixed with the words, Licensed or Registered. The seal may be an embossed seal, a rubber stamp, a computer-generated seal, or other facsimile found acceptable to the board. The licensee's signature and the date shall be adjacent to or across the seal. Petroleum release assessors and remediators, or interns, may not use a seal.
Source: SL 1999, ch 195, § 44; SL 2007, ch 219, § 13; SL 2016, ch 196, § 1.
36-18A-45. Seal, signature, and date as certification that work done by licensee--Documents on which seal required.
The application of the licensee's seal and signature and the date constitutes certification that the work on which it was applied was done by the licensee or under the licensee's responsible charge. The seal, signature, and date shall be placed in such a manner that can be legibly reproduced on the following:
(1) All originals, copies, tracings, electronic submittals, or other reproductions of all final drawings, specifications, reports, plats, plans, land surveys, design information, and calculations prepared by the licensee or under the licensee's responsible charge when presented to a client or any public or governmental agency. A licensee may not review or check technical submissions of another licensed professional or unlicensed person and seal the documents as the licensee's own work;
(2) Preliminary work shall contain a note that the submittal is Not for Construction, Preliminary, or other such explanation that it is not final; and
(3) In the case of documents for projects which involve multiple licensees of more than one technical profession, the title or index sheet shall be sealed, signed, and dated by the prime professional in responsible charge of coordinating the various technical professions involved in the project. In addition, each sheet shall be sealed, signed, and dated by the licensee or licensees who prepared or who are in responsible charge of that sheet.
Source: SL 1999, ch 195, § 45; SL 2007, ch 219, § 14; SL 2016, ch 196, § 2.
36-18A-45.1. Digital signatures.
Each drawing, report, or document that is signed and sealed using a digital signature shall have an electronic authentication process attached to or logically associated with the electronic document. The licensee's use of a digital signature is optional and, if used, shall be:
(1) Unique to the licensee;
(2) Capable of verification;
(3) Under the sole control of the licensee using it; and
(4) Linked to a document in such a manner that the digital signature is invalidated if any data in the document is changed.
A digital signature that uses a process approved by the board is presumed to meet the criteria provided in this section. Any hard copy printed from the transmitted electronic file shall bear the facsimile of the signature and seal and shall be a confirmation that the electronic file was not altered after the initial digital signing of the file. Any alterations to the file shall cause the facsimile of the signature to be voided.
Source: SL 2007, ch 219, § 15; SL 2016, ch 196, § 3.
36-18A-46. Construction administration services to be provided by architect or engineer.
No person other than an architect may provide construction administration services on an architecture portion of a project that is not exempt pursuant to § 36-18A-2. No person other than a professional engineer may provide construction administration services on an engineering portion of a project that is not exempt pursuant to § 36-18A-3. The architect or professional engineer of record, or another designated architect or professional engineer without conflict of interest, shall provide a written report of observed deficiencies or variations from the submitted plans and specifications to the building official, owner, and builder before project completion. The board may promulgate rules pursuant to chapter 1-26 to establish construction administration services criteria including coordinating and prime professional criteria for persons licensed by the board.
Source: SL 1999, ch 195, § 46; SL 2016, ch 195, § 5.
36-18A-46.1. Completion of work--Successor licensee--Nonprofessional services.
If a licensee in responsible charge of the work is unavailable to complete the work, a successor licensee may take responsible charge by performing all professional services to include developing a complete design file with work or design criteria, calculations, code research, and any necessary and appropriate changes to the work. The nonprofessional services, such as drafting, need not be redone by the successor licensee but shall clearly and accurately reflect the successor licensee's work. The burden is on the successor licensee to show compliance. The successor licensee shall sign, date, and seal all original documents. The successor licensee shall have control of and responsibility for the work product and the signed and sealed originals of all documents.
Source: SL 2007, ch 219, § 16; SL 2016, ch 195, § 6.
36-18A-47. Firm or office to have appropriately licensed person in charge.
Any office physically located and maintained in this state to offer engineering, architectural, land surveying, landscape architectural, petroleum release assessment, or petroleum release remediation services shall have an appropriately licensed person who is regularly employed in that office and who has responsible charge and direct supervision and control of all professional services. No licensee who renders occasional, part-time, or consulting services to or for an office may be designated as the appropriately licensed person in responsible charge for the professional activities of the office unless a schedule is posted at the office for the public's knowledge and filed with and approved by the board stating when the licensee is physically in the office.
Source: SL 1999, ch 195, § 47; SL 2007, ch 219, § 17.
36-18A-48. Business entity must obtain certificate of authorization--Responsibility for acts of individuals.
Any business entity that desires to practice engineering, architecture, land surveying, landscape architecture, or petroleum release assessment or remediation in this state shall register with the board by making application for a certificate of authorization. A business entity is responsible for the conduct or acts of its agents, employees, officers, partners, members, or managers in respect to any engineering, architecture, land surveying, landscape architecture, petroleum release assessment, or petroleum release remediation services performed or to be executed in this state. No person is relieved of the responsibility for that person's conduct or acts performed by reason of that person's employment by or relationship with a business entity. A licensee who renders occasional, part-time, or consulting services to or for a business entity may not be designated as the person in responsible charge for the professional activities of the business entity.
Source: SL 1999, ch 195, § 48.
36-18A-49. Application for certificate of authorization--Contents.
A business entity or office desiring a certificate of authorization or renewal shall file a written application with the board which shall contain the following:
(1) The names, license numbers, and profession of all employees or sole proprietors of the business entity or office who are duly licensed to practice engineering, architecture, land surveying, landscape architecture, petroleum release assessment, or petroleum release remediation in this state and who are or will be in responsible charge of any professional services in this state by the business entity or office;
(2) A statement from the business entity that the board office will be notified in writing within thirty days after the effective date of any change;
(3) A statement by a licensed person who works for the business entity or office that the business entity or office will not permit the performance of any professional service, as defined in this chapter, by any person of the business entity or office unless the person is licensed under this chapter; and
(4) All other information the board may deem necessary as promulgated by rule pursuant to chapter 1-26.
Source: SL 1999, ch 195, § 49; SL 2007, ch 219, § 18.
36-18A-50. Issuance of certificate of authorization--Certificate not transferable--Exempt business.
The board shall issue a certificate of authorization or a renewal to a business entity or office upon receipt of an application for a certificate of authorization and a fee as set by the board pursuant to chapter 1-26 unless the board finds an error in the application or that any facts exist which would entitle the board to suspend or revoke the certificate if issued to the applicant. The certificate of authorization is not transferable. A certificate of authorization is not required for any exempt business.
Source: SL 1999, ch 195, § 50; SL 2007, ch 219, § 19.
36-18A-51. Business to report changes in information supplied on application--Time limit.
The business entity shall file with the board a written report of any change in the information submitted on the application that occurs during the term of the certificate of authorization. The business entity shall report the change within thirty days after the effective date of the change. Failure to provide the report constitutes grounds for the board to suspend or revoke the certificate of authorization.
Source: SL 1999, ch 195, § 51.
36-18A-52. General provisions applicable to business entities.
The provisions with respect to issuance, expiration, renewal, and reissuance of the certificate of licensure of persons contained in this chapter apply to certificates of authorization issued to business entities under the provisions of this chapter. A business entity is subject to disciplinary proceedings and penalties, and certificates of authorization are subject to suspension or revocation for cause, in the same manner and to the same extent as is provided with respect to individuals and their certificates of licensure in this chapter. The terms, licensee and certificate of licensure, as used in this chapter, apply to any business entity holding a certificate of authorization issued under this chapter and to such certificate of authorization.
Source: SL 1999, ch 195, § 52.
36-18A-53. Employee not responsible for corporate violations--Exception.
A violation of any of the provisions of this chapter by a business entity is not grounds for the revocation, suspension, or refusal to renew a license of an individual employee of the business entity unless the board finds that the employee was a party to the violation.
Source: SL 1999, ch 195, § 53.
36-18A-54. Board inquiries and investigation of violations--Report and prosecution.
The board shall inquire into the identity of any person alleged to be engaging in the unlawful practice of engineering, architecture, land surveying, landscape architecture, petroleum release assessment, or petroleum release remediation. The board shall investigate alleged violations of the provisions of this chapter, and report to the proper state's attorney or the attorney general any person or case that in the judgment of the board warrants prosecution. The attorney general or the several state's attorneys may prosecute violations of this chapter in the name or on behalf of the board.
Source: SL 1999, ch 195, § 54.
36-18A-55. Board authorized to administer oaths, subpoena witnesses--Court order to compel compliance.
When investigating alleged violations, the board may administer oaths to witnesses appearing before the board, subpoena licensees as witnesses and compel their attendance, and require the submittal of plans, specifications, books, records, papers, and other documents. If a licensee refuses to obey any subpoena, or refuses to testify or produce any materials required, the board may take disciplinary action or present its petition to the court of the county in which the licensee resides, and the court may enter a suitable order compelling compliance with the provisions of this chapter and imposing such other terms and conditions as the court may deem suitable. The board may also summon nonlicensees as witnesses and request their attendance, and request the submittal of plans, specifications, books, records, papers, and other documents. If a nonlicensee refuses to cooperate, testify, or produce any materials requested, the board may petition the court of the county in which the nonlicensee resides, and the court may enter a suitable order compelling compliance with the provisions of this chapter and imposing such other terms and conditions as the court may deem suitable.
Source: SL 1999, ch 195, § 55.
36-18A-56. Proof of injury not necessary for board action on certain violations.
The board may take action without proof of actual injury on the following violations:
(1) Has violated any statute, rule, or order that the board has issued or is empowered to enforce;
(2) Has engaged in conduct or acts that are fraudulent, deceptive, or dishonest whether or not the conduct or acts relate to professional practice;
(3) Has engaged in conduct or acts that are negligent, incompetent, reckless, or otherwise in violation of established standards related to that person's professional practice;
(4) Has been convicted of or has pleaded guilty or nolo contendere to a felony, whether or not the person admits guilt, or has been shown to have engaged in acts or practices tending to show that the applicant or licensee is incompetent or has engaged in conduct reflecting adversely on the person's ability or fitness to engage in that person's professional practice. A copy of the record of conviction or plea of guilty or nolo contendere is conclusive evidence;
(5) Has employed fraud or deception in obtaining a license or renewal of a license or in passing all or a portion of the examination;
(6) Has had that person's professional license, registration, certificate, right to examination, or other similar rights to practice revoked, suspended, canceled, given probation, limited, censured, reprimanded, or not renewed for cause in any state or territory of the United States, the District of Columbia, or in any foreign country;
(7) Failed to meet any requirement for issuance or renewal of the person's license or certificate;
(8) Has used or attempted to use as that person's own the certificate or seal of another;
(9) Has used or attempted to use an expired, suspended, or revoked license;
(10) Has placed that person's seal or signature to a plan, specification, report, plat, or other technical submission or document not prepared by that person or under that person's responsible charge;
(11) Aided or assisted another person in violating any provision of this chapter or the rules pertaining to this chapter;
(12) Failed to promptly and appropriately provide information requested by the board as a result of a formal or informal complaint to the board which would indicate a violation of this chapter;
(13) Has provided false testimony or information to the board;
(14) Failed to report known violations of this chapter;
(15) Has engaged in the use of untruthful or improbable statements in advertisements;
(16) Failed to complete continuing professional development requirements set by the board;
(17) Made misleading or untruthful representations in advertisements or published materials;
(18) Falsely used any title, figures, letters, or descriptions to imply licensure;
(19) Is habitually intoxicated or is addicted to the use of alcohol or illegal drugs;
(20) Has committed an act, engaged in conduct, or committed practices that may result in an immediate threat to the public; or
(21) Has provided professional services in technical areas not covered by that person's license or competency.
Source: SL 1999, ch 195, § 56; SL 2005, ch 199, § 50.
36-18A-57. Disciplinary remedies available to board.
If the board determines that a person or business entity is in violation of this chapter, the board may take the following actions:
(1) Deny an application;
(2) Suspend, temporarily suspend, revoke, or refuse to renew an enrollment or license;
(3) Place on probation, condition, or limit a licensee's practice;
(4) Reimburse the board for expenses, fine, censure, or reprimand a person or business entity;
(5) Refuse to permit a person to sit for examination or refuse to release a person's examination scores;
(6) Require a person to sit for a reexamination; and
(7) Pursue legal actions against a person or business entity that is not licensed to offer or render practices covered by this chapter.
Source: SL 1999, ch 195, § 57.
36-18A-58. Additional remedies.
In lieu of or in addition to any disciplinary remedy provided in § 36-18A-57 or civil remedy provided in § 36-18A-61, the board may require, as a condition of continued licensure, termination of suspension, reinstatement of license, examination, or release of examination grades, that the person:
(1) Submit to a qualifying review of the person's ability, skills, or quality of work. The person may be required to attend remedial education courses; and
(2) Complete to the satisfaction of the board continuing professional education courses as the board may specify by rule or order, pursuant to chapter 1-26.
Source: SL 1999, ch 195, § 58.
36-18A-59. Proceedings for revocation or suspension of license.
Proceedings for the revocation or suspension of a license shall be conducted pursuant to chapter 1-26 and rules promulgated pursuant to this chapter.
Source: SL 1999, ch 195, § 59.
36-18A-60. Findings and actions of board subject to appeal.
The findings and actions of the board on disciplinary matters shall be subject to appeal as provided by chapter 1-26 and rules promulgated pursuant to this chapter.
Source: SL 1999, ch 195, § 60.
36-18A-61. Civil remedies available to board.
Any person who has violated any provision of this chapter or any rule promulgated pursuant to this chapter, is subject to the following penalties:
(1) Administrative fine:
(a) Licensed person: Any person licensed by the board who violates any provision of this chapter is liable for an administrative fine not to exceed two thousand dollars for each offense;
(b) Licensed business entity: Any business entity permitted to practice by the board that violates any provision of this chapter is liable for an administrative fine not to exceed five thousand dollars for each offense.
An administrative fine not paid within sixty days from the date of the order imposing the fine may be enforced by an action in the appropriate county circuit court. Any person aggrieved by an order under this subdivision may make an appeal pursuant to chapter 1-26;
(2) Injunction: If the board deems it necessary for the public safety, it may bring an action in the name of the state in the circuit court in any county in which jurisdiction is proper to enjoin the act, practice, or violation and to enforce compliance with this chapter or any rule promulgated pursuant to this chapter. Upon showing that a person has engaged in an otherwise unauthorized act or practice, a permanent or temporary injunction, or restraining order, or other appropriate relief shall be obtained against the person to prohibit the continuation of the unauthorized act or practice. If a person has caused a structure to be designed, constructed, or built by engaging in an unauthorized act or practice, a permanent or temporary injunction or restraining order, or other appropriate relief, shall be obtained against the project prohibiting the use and occupancy of any structure. For purposes of injunctive relief under this subdivision, irreparable harm exists if the board shows that a person has engaged in an act or practice constituting the unauthorized use of a title, words, figures, or sign implying licensure, or a violation of a statute, rule, or order that the board has issued or is empowered to enforce;
(3) Cease and desist order: The board may issue and have served upon a person an order requiring the person to cease and desist from any unauthorized practice or act which is in violation of this chapter or any rule promulgated pursuant to this chapter. The cease and desist order shall give reasonable notice of the rights of the person to request a hearing pursuant to chapter 1-26 and shall state the reasons for the entry of the order.
Source: SL 1999, ch 195, § 61.
36-18A-62. Service of cease and desist order.
Service of the order is effective if the order is served on the person or counsel of record personally or by certified mail to the most recent address provided to the board for the person or counsel of record. Unless otherwise agreed by the board and the person requesting the hearing, the hearing shall be held no later than ninety days after the request for the hearing is received by the board.
Source: SL 1999, ch 195, § 62.
36-18A-63. Report issued after hearing--Further order.
The board or administrative law judge shall issue a report within thirty days of the close of the contested case hearing record. Within thirty days after the report and any exceptions to it, the board shall issue a further order vacating, modifying, or making permanent the cease and desist orders as the facts require.
Source: SL 1999, ch 195, § 63.
36-18A-64. Order becomes final if no hearing requested--Other remedies not precluded.
If no hearing is requested within the thirty days of service of the order, the order becomes final and remains in effect until it is modified or vacated by the board. If the person to whom a cease and desist order is issued fails to appear at the hearing after being duly notified, the person is in default and the proceeding may be determined against that person upon consideration of the cease and desist order, the allegations of which may be considered to be true. Action taken pursuant to this section does not relieve a person from criminal prosecution by a competent authority or from disciplinary action by the board with respect to the person's license, registration, certification, application for examination, or renewal.
Source: SL 1999, ch 195, § 64.
36-18A-65. Prohibited acts--Violation as Class 2 misdemeanor.
No person may:
(1) Practice, or offer to practice, the professions of engineering, architecture, land surveying, landscape architecture, petroleum release assessment, or petroleum release remediation in this state without being licensed or exempt in accordance with the provisions of this chapter;
(2) Use or employ the title of architect, landscape architect, land surveyor, professional engineer, petroleum release assessor, or petroleum release remediator with or without qualifying adjectives without being licensed in accordance with the provisions of this chapter;
(3) Use any other words, letters, or figures indicating or intending to imply that the person is a professional engineer, architect, land surveyor, landscape architect, petroleum release assessor, or petroleum release remediator without being licensed in accordance with the provision of this chapter;
(4) Present or attempt to use the certificate of licensure or seal of another, or affix a professional engineer's, architect's, land surveyor's, or landscape architect's seal on any plans, specifications, drawings, or other technical submittals which have not been prepared by that person or under that person's responsible charge and direct personal supervision;
(5) Present any false or forged evidence of any kind to the board in obtaining a certificate of licensure;
(6) Falsely impersonate any other licensee;
(7) Attempt to use an expired, suspended, or revoked license;
(8) Knowingly allow person's name or seal to be used upon plans or work not actually performed by that person or under that person's responsible charge and direct supervision; or
(9) By act of commission or omission, violate any of the provisions of this chapter.
A violation of this section is a Class 2 misdemeanor.
Source: SL 1999, ch 195, § 65.
36-18A-66. Prohibited acts--Repeated violation as Class 1 misdemeanor.
No person may:
(1) Accept or contract to receive, directly or indirectly, any commission, percentage, gift, or other item of value for that person's influence in securing a contract or approving the performance of a contract, from any manufacturer, agent, or vendor of any material of any sort used or recommended to be used in the construction of any project for the plans or construction of which any person is employed; or
(2) Give or offer to give to any person any commission, percentage, gift, or other item of value for that person's influence in securing a contract or approving the performance of a contract or supplying any material of any sort which may be for consideration in the construction of any project. A violation of this section is a Class 2 misdemeanor for the first offense and a Class 1 misdemeanor for the second or any subsequent offense.
Source: SL 1999, ch 195, § 66.
36-18A-67. Fee to reimburse board for costs.
The board may impose a fee to reimburse the board for all or part of the cost of proceedings resulting in disciplinary action authorized by this chapter, the imposition of civil penalties, or the issuance of a cease and desist order. The fee may be imposed if the board shows a person has committed an act or engaged in unauthorized practice, including the unauthorized use of a title, words, figures, or signs implying licensure, or has violated a statute, rule or order of the board. The costs include the amount paid by the board for services from attorney fees, investigators, court reporters, witnesses, expert witnesses, reproduction of records, board members' per diem compensation, board staff time, and expense incurred by board members and staff.
Source: SL 1999, ch 195, § 67.
36-18A-68. Limitation on liability of licensed professionals--Exception.
A professional engineer, architect, land surveyor, landscape architect, petroleum release assessor, or petroleum release remediator is not liable for the safety of persons or property on or about a construction project site, or for the construction techniques, procedures, sequences, and schedules, or for the conduct, action, errors, or omissions of any construction contractor, subcontractor, construction manager, or material supplier, their agents or employees, unless that person assumes responsibility therefor by contract or by that person's actual conduct. This section does not relieve a professional engineer, architect, land surveyor, landscape architect, petroleum release assessor, or petroleum release remediator from liability for that person's negligence in design work.
Source: SL 1999, ch 195, § 68.
36-18A-69. Contracts in violation unenforceable.
Any contract, written or oral, for engineering, architectural, land surveying, landscape architectural, petroleum release assessment, or petroleum release remediation services made by any person in violation of any provision of this chapter is unenforceable as to such services. It is a complete defense to any action to enforce payment for any services, if the party contracting for services proves that the person rendering or offering to render services was not at the time such services were offered or rendered, legally authorized to contract for such services.
Source: SL 1999, ch 195, § 69.
36-18A-70. Plans, specifications, plats and submissions in violation unacceptable.
No public officer or employee, as defined in subdivisions 22-1-2(37) and (39), charged with the authority or responsibility of approving or accepting plans, specifications, plats, or any other technical submissions, may accept or approve such plans, specifications, plats, or technical submissions which have been prepared in violation of this chapter.
The building official shall require the owner to engage and designate an architect or professional engineer who shall act as the architect or professional engineer of record on projects that are not exempt. If the circumstances require, the owner may designate a substitute architect or professional engineer of record who shall perform all of the duties required of the original architect or professional engineer of record. The building official shall be notified in writing by the owner if the architect or professional engineer of record is changed or is unable to continue to perform the duties. The architect or professional engineer of record is responsible for reviewing and coordinating all submittal documents prepared by others, including deferred submittal items, for compatibility with the design of the building. A building permit issued with respect to technical submissions which do not conform with the requirements of this chapter are invalid.
Source: SL 1999, ch 195, § 70.
36-18A-71. Register of deeds not to record land survey documents which do not contain signature, seal and date.
No register of deeds of any county may file or record any map, plat, survey, or other technical submissions within the definition of land surveying which does not have impressed thereon and affixed thereto the personal signature, seal, and date of a land surveyor by whom or under whose responsible charge and direct personal supervision the map, plat, survey, or other technical submissions were prepared.
Source: SL 1999, ch 195, § 71.
36-18A-72. Board to establish procedures and standards for certification of environmental technical services.
The board may promulgate rules, pursuant to chapter 1-26, regarding procedures and standards for certifying those who perform environmental technical services relative to site assessment, remedial investigations, and corrective actions necessary to remediate water or soil contaminated with a regulated substance and to establish fees to support this activity. Procedures and requirements may be promulgated by rule for determining eligibility, denial, suspension, and revocation of certification. Standards may include more than one level of certification for persons and business entities, any combination of academic background, professional experience, testing, or other technical professional licenses. Any person or business entity who practices without certification pursuant to this section is guilty of a Class 1 misdemeanor.
Source: SL 1999, ch 195, § 72.
36-18A-73. Certification required for environmental technical services--Violation as misdemeanor.
No person or business entity may perform environmental technical services without certification. A violation of this section is a Class 1 misdemeanor.
Source: SL 1999, ch 195, § 73.
36-18A-74. Continuation of licenses and enrollments issued under chapter 36-18.
All licenses and enrollments in effect on July 1, 1999, and issued pursuant to chapter 36-18, are continued for the balance of the term for which last issued.
Source: SL 1999, ch 195, § 75.
36-18A-75. Certain activities of golf course designers authorized--\"Golf course designer\" defined.
Nothing in this chapter prohibits any person from engaging in the practice of, or offering to engage in practice as, a golf course designer. For purposes of this section, the term, golf course designer, means a person who performs professional services such as consultation, investigation, reconnaissance, research, design, preparation of drawings and specifications, and responsible supervision, if the predominant purpose of such service is the design of a golf course.
Source: SL 2001, ch 207, § 1.
36-18A-76. Limitation on liability of architects and engineers related to services provided upon request of official following disaster or catastrophic event.
No architect or engineer may be held liable for personal injury, wrongful death, property damage, or other loss related to any architectural, structural, electrical, mechanical, or other professional design service provided by the architect or engineer, voluntarily or without compensation, at the request or approval of a national, state, or local public official in response to a declared national, state, or local emergency caused by a tornado, fire, explosion, collapse or other similar disaster or catastrophic event. This section applies to services rendered within ninety days following the end of the declared emergency, disaster, or catastrophic event unless extended by executive order of the Governor. Limited liability under this section does not apply if the injury, death, or damage is the result of gross negligence or willful or wanton misconduct. For the purposes of this section compensation does not include reimbursement for expenses.
Source: SL 2017, ch 177, § 1.