Chapter 56 – Board of Examiners for engineers and surveyors
SECTION .0100 ‑ ORGANIZATION OF BOARD
21 NCAC 56 .0101 IDENTIFICATION
The North Carolina State Board of Examiners
for Engineers and Surveyors is hereinafter referred to as "the
Board."
History Note: Authority G.S. 89C‑10;
Eff. February 1, 1976;
Readopted Eff. September 29, 1977;
Amended Eff. August 1, 2000; April 1, 1989; January 1,
1982.
21 NCAC 56 .0102 GENERAL
PURPOSE OF BOARD
History Note: Authority G.S. 89C‑2; 89C‑10;
89C‑13 to 89C‑17; 89C‑20 to 89C‑23;
Eff. February 1, 1976;
Readopted Eff. September 29, 1977;
Amended Eff. January 1, 1982;
Repealed Eff. April 1, 1989.
21 NCAC 56 .0103 ORGANIZATION
(a) Board Committees. The Board shall be organized into an
engineering committee, a land surveying committee and a continuing professional
competency (CPC) committee. The engineering committee shall consist of the
four engineer members and one public member. The land surveying committee
shall consist of the three land surveyor members and one public member. The
CPC committee shall consist of one engineer member, one land surveyor member
and one public member. The Board chair shall appoint the chairs and members of
each committee.
(b) Executive Director. The executive director may be
authorized by the Board or the chair to represent the Board before professional
or governmental organizations when such representation serves to further and
support the purposes of the Board and is made within the expressed policies of
the Board or these Rules.
(c) Actions by the Board. Actions taken by the Board shall
be by majority vote of a quorum of the Board.
History Note: Authority G.S. 89C-4; 89C-8; 89C-9;
89C-10; 89C‑11;
Eff. February 1, 1976;
Readopted Eff. September 29, 1977;
Amended Eff. September 1, 2009; August 1, 2000; August 1,
1998; April 1, 1989; January 1, 1982.
21 NCAC 56 .0104 DESCRIPTION OF SEAL
The official seal adopted by the Board is the Great Seal of
the State of North Carolina with the inscription of the Board name on the
perimeter.
History Note: Authority G.S. 89C‑10(b);
Eff. February 1, 1976;
Readopted Eff. September 29, 1977;
Amended Eff. August 1, 2000; August 1, 1998; January 1,
1982.
SECTION .0200 ‑ BOARD PERSONNEL POLICIES AND WORK PLAN
21 NCAC 56 .0201 PHYSICAL QUALIFICATIONS
21 NCAC 56 .0202 HOURS OF WORK
21 NCAC 56 .0203 PAY PERIODS
21 NCAC 56 .0204 TRAVEL AND EXPENSE VOUCHERS
21 NCAC 56 .0205 OVERTIME
21 NCAC 56 .0206 ANNUAL VACATION
21 NCAC 56 .0207 HOLIDAYS
21 NCAC 56 .0208 SICK LEAVE
21 NCAC 56 .0209 COMPENSATORY TIME
21 NCAC 56 .0210 HOSPITALIZATION COVERAGE AND
BENEFITS
21 NCAC 56 .0211 RETIREMENT COVERAGE AND BENEFITS
21 NCAC 56 .0212 SUBJECT TO CHANGE
History Note: Authority G.S. 89C‑4; 89C‑5;
89C‑6; 89C‑9; 89C‑11;
Eff. February 1, 1976;
Readopted Eff. September 29, 1977;
Repealed Eff. December 1, 1984.
SECTION .0300 ‑ INSTRUCTIONAL PROGRAMS
21 NCAC 56 .0301 POLICY
21 NCAC 56 .0302 FINANCES
History Note: Authority G.S. 89C‑10(g); 89C‑11;
Eff. February 1, 1976;
Readopted Eff. September 29, 1977;
Amended Eff. January 1, 1982;
Repealed Eff. April 1, 1989.
21 NCAC 56 .0303 DISBURSEMENT OF FUNDS
Funds for educational programs will be allocated and
dispensed in the following manner:
(1) Funds will be dispensed by vote of the Board after
study and recommendation of each specific request by the appropriate committee
of the Board.
(2) The Board will consider requests for funds only
from approved schools or professional organizations.
(3) Requests will be considered for any use that will
directly further engineering or surveying education and competence.
(4) Requests for money shall be in writing and provide
the following information:
(a) The amount needed, or appropriate limits
thereof;
(b) Intended uses to be made of the requested
monies;
(c) Subject material to be presented with
qualifications of instructors to be employed;
(d) Itemized estimate of the total expected
costs;
(e) Source and amount of assistance being given
by any other person or organization.
History Note: Authority G.S. 89C‑10(g); 89C‑11;
Eff. February 1, 1976;
Readopted Eff. September 29, 1977;
Amended Eff. April 1, 1989; January 1, 1982.
SECTION .0400 ‑ RECORDS AND REPORTS OF BOARD:
RETENTION AND DISPOSITION
21 NCAC 56 .0401 RECORDS OF BOARD PROCEEDINGS
Records of all proceedings of the Board such as rule-making
proceedings, declaratory rulings and contested cases and all other records are
retained at the office of the Board or are disposed of in accordance with the
records retention and disposition schedule filed with the Department of
Cultural Resources.
History Note: Authority G.S. 89C‑10(a); 89C‑12;
Eff. February 1, 1976;
Readopted Eff. September 29, 1977;
Amended Eff. August 1, 2011; August 1, 1998; April 1,
1989; January 1, 1982.
21 NCAC 56 .0402 RECORDS OF APPLICATIONS
All records of applications for licensure which are active
are retained at the office of the Board. However, application files once
submitted to the Board are Board property and are not returnable. During the
time records are physically held in the Board office an applicant can obtain a
copy of the application form by request to the Board office. Inactive
applications shall be destroyed after one year after giving 30 day notice to
the last known address of the applicant, upon approval of the Department of
Cultural Resources in accordance with G.S. 121-5.
History Note: Authority G.S. 89C‑10(a); 89C‑12;
Eff. February 1, 1976;
Readopted Eff. September 29, 1977;
Amended Eff. July 1, 2009; August 1, 2000; January 1,
1982.
21 NCAC 56 .0403 APPLICATION FILES
History Note: Authority G.S. 89C‑10(a); 89C‑12;
Eff. February 1, 1976;
Readopted Eff. September 29, 1977;
Amended Eff. May 1, 1994; April 1, 1989; January 1, 1982;
Repealed Eff. August 1, 1998.
21 NCAC 56 .0404 DESTRUCTION OF APPLICATION FILES
21 NCAC 56 .0405 REACTIVATION OF APPLICATION FILE
History Note: Authority G.S. 89C‑10(a); 89C‑12;
Eff. February 7, 1976;
Readopted Eff. September 29, 1977;
Amended Eff. April 1, 1989; January 1, 1982;
Repealed Eff. August 1, 1998.
SECTION .0500 ‑ PROFESSIONAL ENGINEER
21 NCAC 56 .0501 REQUIREMENTS FOR LICENSING
(a) Education. The education of an applicant shall be
considered in determining eligibility for licensing as a Professional
Engineer. The terms used by the Board for the specific educational
requirements to be eligible to be licensed as a Professional Engineer are
defined as follows:
(1) "Engineering curriculum of four or
more years approved by the Board" is defined as a program that has been
accredited by the Engineering Accreditation Commission (EAC) of the
Accreditation Board for Engineering and Technology (ABET). This program is
incorporated by reference including subsequent amendments and editions. This
material is available at
www.abet.org/accreditation-criteria-policies-documents/ or for inspection at
the office of the North Carolina Board of Examiners for Engineers and Surveyors.
Copies may be obtained at the Board office at a cost of five dollars ($5.00)
per copy.
(2) "Engineering or related science
curriculum of four or more years other than ones approved by the Board" is
defined as a curriculum, although not accredited by ABET, of technical courses
which contains engineering or scientific principles.
(3) "Equivalent education satisfactory to
the board" is defined as:
(A) A graduate degree in Engineering from an institution
in which the same discipline undergraduate engineering program has been
accredited by ABET (EAC) shall be considered equivalent to an engineering
curriculum of four or more years approved by the Board.
(B) A bachelor's degree in Engineering Technology,
whether or not accredited by the Technology Accreditation Commission (TAC) of
ABET, shall be considered equivalent to an engineering or related science
curriculum of four or more years other than one approved by the Board.
(C) Until June 30, 2016, an associate degree in an
engineering related curriculum with an additional two years of progressive
engineering experience shall be considered equivalent to an engineering or
related science curriculum of four or more years other than one approved by the
Board and may be used until that date as a basis for admission to the
principles and practice of engineering examination. Once admitted to the
examination, an applicant may continue to re-take the examination until
required to submit a new application as set out in Rule .0503 of this Section.
After June 30, 2016 an associate degree shall no longer be used as a basis for
admission to that examination, unless the individual has passed the
fundamentals of engineering examination prior to June 30, 2016, in which case
the individual may continue the process to take the principles and practices
exam based upon the associate degree and it will not be necessary to qualify
for admission to the principles and practice of engineering examination prior
to June 30, 2016.
(D) Foreign degrees are considered equivalent only after
receipt of an evaluation report that the degree is substantially equivalent to
an EAC/ABET accredited engineering curriculum from the Center for Professional
Engineering Education Services, an affiliate of the National Council of
Examiners for Engineering and Surveying (NCEES), or from the American
Association of Collegiate Registrars and Admissions Officers (AACRAO). The
Board shall equate the degree to an EAC/ABET accredited engineering curriculum
of four or more years approved by the Board in Subparagraph (a)(1) of this Rule
if it receives a substantially equivalent evaluation.
(b) Experience. The experience of an applicant shall be
considered in determining whether an applicant is eligible to be licensed as a
Professional Engineer.
(1) Required Experience. In evaluating the
work experience required, the Board shall consider the total experience record
and the progressive nature of the record. Not less than half of required
engineering experience shall be of a professional grade and character, and shall
be performed under the responsible charge of a licensed Professional Engineer,
or if not, a written explanation shall be submitted showing why the experience
should be considered acceptable and the Board shall approve if satisfied of the
grade and character of the progressive experience. Experience gained under the
technical supervision of an unlicensed individual shall be considered if the
appropriate credentials of the unlicensed supervisor are submitted to the
Board. Experience gained in the armed services, usually while serving in an
engineering or engineering related group, shall be considered if of a character
equivalent to that which would have been gained in the civilian sector doing
similar work.
(2) Definition. The terms "progressive
nature of the record," "progressive engineering experience" or
"progressive experience on engineering projects" mean that during the
period of time that an applicant has made a practical utilization of acquired
knowledge, continuous improvement, growth and development have been shown in
the utilization of that knowledge as revealed in the complexity and technical
detail of the work product or work record. The applicant shall show continuous
assumption of greater individual responsibility for the work product over that
period of time. The progressive experience on engineering projects shall be of
a grade and a character that indicates to the Board that the applicant is
competent to practice engineering.
(3) Specific Credit for Experience. In
evaluating progressive engineering experience, the Board shall give credit for
experience in the following areas of work:
(A) Graduate schooling or research in an engineering
program resulting in award of a master's degree from an institution that offers
EAC/ABET-accredited programs – one year;
(B) Graduate schooling or research in an engineering
program resulting in award of an earned doctoral degree in engineering from an
institution that offers EAC/ABET-accredited programs – two years, with or
without a master's degree, but includes the one year for the master's degree,
if obtained;
(C) Progressive land surveying - maximum two years; and
(D) Teaching of engineering subjects at the university
level in an engineering program offering a four year or more degree approved by
the Board.
The Board shall
not accept combinations of the categories in this Subparagraph as fulfilling
all the necessary statutory experience requirements. Every applicant for
licensure as a Professional Engineer, as part of the total experience
requirement, shall show a minimum of one year experience of a progressive
engineering nature in industry, government, or under a licensed Professional
Engineer offering service to the public.
Full-time
engineering faculty members who teach in an engineering program offering a four
year or more degree approved by the Board, may request and shall be granted
waiver of the minimum one year experience in industry, government, or private
practice if they demonstrate consulting or research work of at least one year's
duration, which was pursued to fruition, and which is of a progressive
engineering nature. The faculty applicant shall document the work and
demonstrate that the work meets the Board's requirement.
(5) Other experience is considered if it is:
(A) Experience obtained prior to graduation as part of
an ABET accredited engineering program shown on the transcript, with a maximum
credit of one year; or
(B) Experience obtained in a foreign country that is
performed under direct supervision of a Professional Engineer licensed with a
member Board of the National Council of Examiners for Engineering and Surveying
(NCEES).
History Note: Authority G.S. 89C-10; 89C-13;
Eff. February 1, 1976;
Readopted Eff. September 29, 1977;
Amended Eff. August 1, 2014; August 1, 2011; May 1, 2009;
August 1, 2002; August 1, 2000; August 1, 1998; November 2, 1992; April 1,
1989; January 1, 1982.
21 NCAC 56 .0502 APPLICATION PROCEDURE: INDIVIDUAL
(a) General. A person desiring to become licensed as a
Professional Engineer must make application to the Board on a form prescribed
and furnished by the Board.
(b) Request. A request for an appropriate application form
may be made to the Board office or obtained from the
website.
(c) Applicable Forms:
(1) Engineer Intern Certification Form. After
passing the fundamentals of engineering examination an applicant may make
application to the Board to become certified as an "Engineer Intern."
This form requires the applicant to set forth personal history, educational
background, engineering experience, and character references. A passport-type
photographic quality portrait that is adequate for current identification
purposes is also required.
(2) Professional Engineer Form:
(A) All persons, including comity applicants and
certified Engineer Interns, shall apply for licensure using the Professional
Engineer form. The submission of this form shall signify that the applicant
seeks licensure, and shall result in seating for the principles and practice of
engineering examination, when the applicant has met the requirements as set out
in Rule .0501 of this Section. This form requires the applicant to set forth
personal and educational background, engineering experience and character
references. A passport-type photographic quality portrait that is adequate for
current identification purposes is required.
(B) Persons who previously completed the fundamentals
examination by use of the Engineering Intern Certification Form shall submit
the Professional Engineer Certification Form to request licensure when
qualified to take the examination.
(3) Supplemental Form. Persons who initially
applied for the fundamentals of engineering exam using the Professional
Engineer form shall supplement the initial application with this form upon
applying for the principles and practice examination. The supplemental form
requires that engineering experience from the date of the initial application
until the date of the supplemental application be listed. Five references
shall be submitted that are current to within one year of the examination date.
(4) Reference Forms:
(A) Persons applying for certification as an Engineer
Intern shall submit to the Board names of three individuals who are familiar
with the applicant's work, character and reputation, one of whom is a
professional engineer. Persons applying to take the examination for principles
and practice of engineering shall submit to the Board names of five individuals
who are familiar with the applicant's work, character and reputation. Three of
these individuals shall be Professional Engineers.
(B) In addition to the applicant submitting names to the
Board of individuals familiar with the applicant's work, character and
reputation, those individuals listed shall submit to the Board their
evaluations of the applicant on forms supplied to them by the applicant.
(C) The reference form requires the individual
evaluating the applicant to state the evaluating individual's profession,
knowledge of the applicant and information concerning the applicant's
engineering experience, character and reputation.
(D) The Board shall provide the reference forms to the
applicant with the application. The reference forms shall then be distributed
by the applicant to the persons listed on the application as references. The
applicant shall ensure that the individuals listed as references return the
reference forms to the Board prior to the filing deadline for the examination.
(d) Fees:
(1) Engineer Intern Certification Form. Once
the applicant passes the examination on the fundamentals of engineering and
makes application to the Board to become certified as an "Engineer
Intern" the application fee of one hundred dollars ($100.00) is payable.
(2) Professional Engineer Form. The
application fee of one hundred dollars ($100.00) is payable with the filing of
the application.
(3) Comity. The licensure fee of one hundred
dollars ($100.00) is payable with the filing of the application.
(4) Examination. The examination fee for any
applicant is payable to the National Council of Examiners for Engineering and
Surveying (NCEES) at the time of registering to take the exam in accordance
with G.S. 89C-14.
(e) The Board shall accept the records maintained by the
National Council of Examiners for Engineering and Surveying (NCEES) as evidence
of licensure in another state. For comity licensure, the NCEES record shall be
accepted in lieu of completing the experience, education and references
sections of the application. A comity application, with or without a NCEES
record, shall be administratively approved by the Executive Director based upon
evidence of current licensure in another jurisdiction based on comparable
qualifications, required references and no record of disciplinary action,
without waiting for the next regular meeting of the Board at which time the
action shall be reported to the Board for final approval.
(f) Model Law Engineer. The term "Model Law
Engineer" refers to a person who meets the requirements of this Section by
meeting the requirements of NCEES and has a current NCEES record on file and is
designated as a "Model Law Engineer." A "Model Law
Engineer" application shall be administratively approved by the Executive
Director based upon the designation, without waiting for the next regular
meeting of the Board at which time the action shall be reported to the Board
for final approval.
(g) Personal interview. During the application process,
the applicant may be interviewed by the Board members if the members have questions
regarding the applicant's education, experience or character, based upon the
information submitted in the application.
History Note: Authority G.S. 89C‑10; 89C‑13;
89C‑14; 89C-15;
Eff. February 1, 1976;
Readopted Eff. September 29, 1977;
Amended Eff. May 1, 1994; November 2, 1992; April 1,
1989; December 1, 1984;
RRC Objection due to lack of Statutory Authority Eff.
November 17, 1994;
Amended Eff. August 1, 2014; May 1, 2009; August 1, 2002;
August 1, 2000; August 1, 1998; January 1, 1995.
21 NCAC 56 .0503 EXAMINATIONS
(a) Fundamentals of Engineering. This examination is
designed to test the applicant's proficiency and knowledge of the fundamentals
of engineering.
(b) Principles and Practice of Engineering. This examination
is designed to test the applicant's proficiency and knowledge of engineering
principles and practices.
(c) Examination Aids. Examinees may utilize examination
aids as specified by the exam preparer.
(d) Preparation of Examination. The examinations in the
fundamentals of engineering and in the principles and practice of engineering
are national examinations provided by the National Council of Examiners for
Engineering and Surveying (NCEES), of which the Board is a member.
(e) Examination Sequence. Before the applicant shall be
permitted to be examined on the principles and practice of engineering, the
applicant shall pass the examination on the fundamentals of engineering, unless
the applicant can evidence 20 years of progressive engineering experience, or
as a full-time engineering faculty member, or possesses an earned doctoral
degree in engineering to be exempt from taking the fundamentals of engineering
exam. NCEES administers the fundamentals of engineering examination as a
computer-based exam. Application shall be made directly to NCEES to take the
exam.
(f) Examination Filing Deadline. The applicant who wishes
to take the principles and practice of engineering examination shall deliver the
completed application, including all necessary references, transcripts, and
verifications, to the Board office prior to August 1 for Fall examinations and
January 2 for Spring examinations.
(g) Seating Notice. After approval of an application the
applicant shall be sent a seating notice. This notice shall inform the
applicant of the date, time and location of the examination and the seat number
assigned.
(h) Unexcused Absences. After a seating notice has been
issued for a scheduled examination by the Board, if the applicant fails to
appear, that applicant's record shall reflect "unexcused absence,"
unless the absence was for jury duty or the applicant was not physically able
to be present, as indicated by a doctor's certificate. The examination fee
shall be forfeited.
(i) Re-Examination. A person who failed an examination may
apply to take the examination again at the next regularly scheduled examination
period by making written request and submitting the required exam fee. A
person having a combined record of three failures or unexcused absences shall
be eligible only after submitting a new application with appropriate
application fee, and shall be considered by the Board for reexamination at the
end of 12 months. After the end of the 12-month period, the applicant may take
the examination no more than once every calendar year. The applicant shall
demonstrate to the Board that actions, such as additional courses of study,
have been taken to improve the applicant's chances for passing the exam.
(j) Reasonable Accommodation. An applicant may make a
written request, before the application deadline, for reasonable accommodation
for the exam. Reasonable accommodation shall be granted based upon meeting the
Guidelines for Requesting Religious and ADA Accommodations published by the
National Council of Examiners for Engineering and Surveying (NCEES), which are
hereby incorporated by reference, including subsequent amendments and
editions. Copies are available at no cost at www.ncees.org.
(k) Exam Results. Exam results shall be supplied in
writing as pass or fail. No results will be given in any other manner.
(l) Review of Failed Exams. An applicant who fails to make
a passing score on an exam shall receive an exam analysis by NCEES.
History Note: Authority G.S. 89C-10; 89C-13; 89C-14;
89C-15;
Eff. February 1, 1976;
Readopted Eff. September 29, 1977;
Amended Eff. August 1, 2014; September 1, 2009; May 1,
2009; April 1, 2001; August 1, 1998; November 2, 1992; April 1, 1989; January
1, 1982.
21 NCAC 56 .0504 CERTIFICATES
History Note: Authority G.S. 89C‑3; 89C‑13;
89C‑15; 89C‑16;
Eff. February 1, 1976;
Readopted Eff. September 29, 1977;
Amended Eff. January 1, 1982;
Repealed Eff. April 1, 1989.
21 NCAC 56 .0505 EXPIRATIONS AND RENEWALS OF
CERTIFICATES
(a) Professional Engineer Licensure. An annual
renewal fee of seventy-five dollars ($75.00) for certificates of licensure for
Professional Engineers shall be payable to the Board. The Board shall provide each
licensed Professional Engineer a form that requires the licensee to provide the
Board the physical places of business and residential addresses, report
compliance with continuing education requirements, and report criminal
convictions or disciplinary actions. The licensee shall give notice to the
Board of a change of business or residential address within 30 days of the
change. The licensee shall give notice to the Board of any criminal
convictions, including DWI but not including minor traffic offenses (offenses
that are not a misdemeanor or felony) or of any disciplinary actions in any
jurisdiction on any license, within 30 days of the conviction or disciplinary
action. A nolo contendere plea is equated to a conviction for reporting
purposes.
(b) Engineering Intern Certificate. The Engineering Intern
certificate does not expire and, therefore, does not have to be renewed.
(c) "Professional Engineer, Retired." The Board
shall approve the application for use of the title for a person who has been
duly licensed as a professional engineer by the Board, who chooses to
relinquish or not to renew a license and has had no disciplinary action or
criminal conviction that would support a determination that the licensee is not
of good character and reputation.
History Note: Authority G.S. 89C-10; 89C-17; 89C-3(8a);
Eff. February 1, 1976;
Readopted Eff. September 29, 1977;
Amended Eff. August 1, 2011; July 1, 2010; July 1, 2009;
December 4, 2002; August 1, 2000; August 1, 1998; May 1, 1994.
21 NCAC 56 .0506 waiver for licensees serving on
active duty in the armed forces of the us
(a) All Professional Engineers currently licensed by and in
good standing with the Board (whose license is not suspended or revoked) who
are serving in the armed forces of the United States and who are eligible for
an extension of time to file a tax return pursuant to G.S. 105-249.2 are
granted a waiver of their mandatory continuing education requirements and
annual renewal fee for the time period disregarded pursuant to the Internal
Revenue Code 26 U.S.C. 7508.
(b) Request for waiver by an eligible licensee, meeting
requirements in Paragraph (a) of this Rule, of renewal fee and waiver of
continuing education requirements:
(1) The licensee shall notify the Board of
eligibility before the current license expires. Upon such notification, the
Board shall maintain the license in active status through the extension period.
(2) If the licensee fails to notify the Board
of eligibility for the extension period before the current license expires,
upon receipt and acceptance of a renewal application within the extension
period and presentation of proof that the licensee was eligible on the date
that is the deadline for renewal, the expired license or registration shall be
deemed retroactively to have not expired.
(3) The licensee who submits a renewal
application within the extension period shall not be deemed to hold a lapsed
license subject to reinstatement fees.
(4) The licensee may renew the license within
the extension period despite failing to complete the specified continuing
education requirements.
(5) A licensee shall provide proof of
eligibility for the extension period when the licensee or registrant submits
the renewal application.
History Note: Authority G.S. 89C-10; 89C-17; 93B-15;
Eff August 1, 2011.
SECTION .0600 - PROFESSIONAL LAND SURVEYOR
21 NCAC 56 .0601 REQUIREMENTS FOR LICENSING
(a) Education. The terms used by the Board for the
specific education requirements to be eligible to be licensed as a Professional
Land Surveyor are defined as follows:
(1) "B.S. in surveying or other equivalent
curriculum." These degrees shall contain a minimum of 45 semester hours, or
their quarter‑hour equivalents, of subjects directly related to the
practice of surveying. Of the 45 semester hours, a minimum of 12 semester
hours of surveying fundamentals, 12 semester hours of applied surveying
practice and 12 semester hours of advanced or theoretical surveying courses are
required. The remainder of the required surveying courses may be elective‑type
courses directly related to surveying; and
(2) "Associate degree in surveying
technology." This degree shall contain a minimum of 20 semester hours, or
quarter-hour equivalents, of subjects directly related to the practice of
surveying. Courses in surveying practices, subdivision design and planning,
surface drainage and photogrammetry must be completed with a passing grade.
(b) Experience:
(1) Definition. As used in the North Carolina
Engineering and Land Surveying Act, the term "progressive practical
surveying experience" means that during the period of time in which an
applicant has made a practical utilization of the knowledge of the principles
of geometry and trigonometry in determining the shape, boundaries, position and
extent of the earth's surface, continuous improvement, growth and development
in the utilization of that knowledge have been shown. In addition, the
applicant shall show the continuous assumption of greater individual
responsibility for the work product over that period of time.
(2) Experience Accepted. In evaluating the
work experience required, the Board shall consider the total experience record
and the progressive nature of the record. Half or more of the required land
surveying experience shall be of a professional grade and character, performed
under the responsible charge of a Professional Land Surveyor. If the work was
not under the responsible charge of a Professional Land Surveyor, the applicant
shall submit a written explanation to the Board explaining why the experience
should be considered acceptable and the Board shall approve if satisfied of the
grade and character of the progressive experience.
(3) Other Experience. Work done in the
following areas requires evidence to the Board of its equivalency to land
surveying:
(A) construction layout;
(B) engineering surveying; or
(C) part‑time surveying work.
(c) Exhibits, Drawings, Plats:
(1) Required Exhibit Before Principles and
Practice of Surveying Examination:
(A) General. The applicant shall submit, along with the
application, an actual plat of a boundary survey of an actual project prepared
by, or under the direct supervision of, the applicant that shows that applicant
is knowledgeable of the contents of the Standards of Practice for Land
Surveying in North Carolina as set forth in Section .1600 of this Chapter, and
is able to apply this knowledge by preparing a plat in accordance with the
various legal and professional requirements of land surveying.
(B) Physical Requirement. The map submitted shall be a
clean, clear, legible print of an original map in the file of a Professional
Land Surveyor.
(2) Specific Requirements. The specific
details that shall be evaluated are those applicable to the particular project
as described in the Standards of Practice for Land Surveying in North Carolina
as set forth in Section .1600 of this Chapter, and as described in G.S. 47‑30.
In addition, the exhibit shall contain a statement that the field work,
calculation and mapping were performed by the applicant under the supervision
of a Professional Land Surveyor, attested to by that Professional Land
Surveyor.
(3) Requirements for Comity Applicant. The map
submitted by an applicant under comity may be a sample plat of a project or
work performed in the state of licensure. It shall be evaluated in accordance
with legal requirements of North Carolina.
History Note: Authority G.S. 47‑30; 89C‑10;
89C‑13;
Eff. February 1, 1976;
Readopted Eff. September 29, 1977;
Amended Eff. August 1, 2014; July 1, 2009; August 1,
2000; August 1, 1998; November 2, 1992; April 1, 1989; December 1, 1984;
January 1, 1982.
21 NCAC 56 .0602 APPLICATION PROCEDURE: INDIVIDUAL
(a) General. A person desiring to become a Professional
Land Surveyor must make application to the Board on a form prescribed and furnished
by the Board.
(b) Request. A request for the application form may be
made to the Board office or obtained from the website.
(c) Application Forms:
(1) Surveyor Intern Certification Form. After
passing the fundamentals of surveying examination an applicant may make
application to the Board to become certified as a "Land Surveyor
Intern." This form requires the applicant to set forth personal history,
educational background, surveying experience, character references and
exhibit. A passport-type photographic quality portrait that is adequate for
current identification purposes is also required.
(2) Professional Land Surveyor Form:
(A) All persons, including comity applicants and
certified Land Surveyor Interns, shall apply for licensure using the
Professional Land Surveyor form. The submission of this form shall signify
that the applicant seeks licensure, and shall result in seating for the
principles and practice of surveying examination, when the applicant has met
the requirements as set out in Rule .0601 of this Section. This form requires
the applicant to set forth personal and educational background, surveying
experience, character references and exhibit. A passport-type photographic
quality portrait that is adequate for current identification purposes is also
required.
(B) Persons who have previously completed the
fundamentals examination by use of the Land Surveying Intern Application Form
shall submit the Professional Land Surveyor Application Form to request
licensure when qualified to take the examination.
(d) Supplemental Form. Persons who applied for licensure
as a land surveyor, but were not eligible to be admitted to the examination for
principles and practice of surveying shall supplement their initial
applications upon applying for the examination. The applicant shall supplement
the initial application by using the supplemental form, which requires the
listing of land surveying experience from the date of the initial application
to the date of the supplemental application. Five references shall be
submitted that are current to within one year of the examination date.
(e) Reference Forms:
(1) Persons applying to be certified as a
Surveyor Intern or to take the examination for principles and practice shall
submit to the Board names of individuals who are familiar with the applicant's
work, character and reputation. The names shall be submitted by the applicant
on the application form.
(2) Persons applying for certification as a
Surveyor Intern must submit three references, one of whom shall be a
Professional Land Surveyor. Persons applying for the principles and practice
examination shall submit five references, three of whom shall be Professional
Land Surveyors.
(3) In addition to the applicant submitting
names to the Board of such individuals, those individuals shall submit to the
Board their evaluations of the applicant on reference forms supplied them by
the applicant.
(4) The reference form requires the individual
evaluating the applicant to state the evaluating individual's profession,
knowledge of the applicant and information concerning the applicant's land
surveying experience, character and reputation.
(5) The Board shall provide the reference forms
to the applicant along with the application for licensure. The reference forms
shall then be distributed by the applicant to the persons listed on the
application as references. The applicant shall ensure that the individuals
listed as references return the forms to the Board prior to the filing deadline
for the examination applied for by the applicant.
(f) Fees:
(1) Land Surveyor Intern Certification Form.
Once the applicant passes the examination on the fundamentals of surveying and
makes application to the Board to become certified as a "Land Surveyor
Intern" the application fee of one hundred dollars ($100.00) is payable.
(2) Professional Land Surveyor Form. The
application fee of one hundred dollars ($100.00) and examination fee for those
applying for licensure based upon examination, experience, character and exhibit
are payable with the filing of the application.
(3) Comity. The licensure fee of one hundred
dollars ($100.00) and appropriate examination fee for those applying for
licensure based upon comity are payable with the filing of the application.
(4) Examination. The examination fee for any
applicant shall be payable to the National Council of Examiners for Engineering
and Surveying (NCEES) at the time of registering to take the exam in accordance
with G.S. 89C-14.
(g) The Board shall accept the records maintained by the
National Council of Examiners for Engineering and Surveying (NCEES) as evidence
of licensure, in another state. For comity licensure the NCEES record shall be
accepted in lieu of completing the experience, education and references sections
of the application. A comity application, with or without a NCEES record,
shall be administratively approved by the Executive Director based upon
evidence of current licensure in another jurisdiction based on comparable
qualifications, required references, and having passed the two-hour North
Carolina portion of the exam and no record of disciplinary action, without
waiting for the next regular meeting of the Board. At that time the action
shall be reported to the Board for final approval.
(h) Personal Interview. During the application process,
the applicant may be interviewed by Board members if the members have questions
regarding the applicant's education, experience or character, based upon the
information submitted in the application.
History Note: Authority G.S. 89C-10; 89C-13; 89C-14;
89C-15;
Eff. February 1, 1976;
Readopted Eff. September 29, 1977;
Amended Eff. August 1, 2014; May 1, 2009; August 1, 2002;
August 1, 2000; August 1, 1998; May 1, 1994; April 1, 1989; January 1, 1982.
21 NCAC 56 .0603 EXAMINATIONS
(a) Fundamentals of Surveying. This examination is
designed to test the applicant's proficiency and knowledge of the fundamentals
of surveying. Reference to Fundamentals of Surveying is the revised name of
the national exam that is the Fundamentals of Land Surveying in G.S. 89C.
(b) Principles and Practice of Surveying. This examination
is designed to test the applicant's proficiency and knowledge of land surveying
practices and procedures generally and specifically within North Carolina.
(c) Examination Aids. Examinees may utilize examination
aids as specified by the national exam preparer.
(d) Preparation of Examination. The examination in the
fundamentals of surveying and of the examination in the principles and practice
of surveying are national examinations provided by the National Council of
Examiners for Engineering and Surveying (NCEES), of which the Board is a
member, or other examinations as adopted by the Board. The North Carolina
portion of the principles and practice of surveying examination shall be
provided by the Board. NCEES administers the fundamentals of surveying
examination as a computer-based exam. Application is made directly to NCEES to
take the exam.
(e) Examination Filing Deadline. The applicant who wishes
to take the principles and practice of surveying examination shall deliver the
completed application, including all necessary references, transcripts, and
verifications, to the Board office prior to August 1 for Fall examinations and
January 2 for Spring examinations.
(f) Seating Notice. After approval of an application, the
applicant shall be sent a seating notice by NCEES. This notice shall inform the
applicant of the date, time and location of the examination and the seat number
assigned.
(g) Unexcused Absences. After a seating notice for a
scheduled examination has been issued, if applicant fails to appear, the
applicant's record shall reflect "unexcused absence," unless the
absence was for jury duty or the applicant was not physically able to be
present, as indicated by a doctor's certificate. The examination fee shall be
forfeited.
(h) Re-Examination. A person who failed an examination may
apply to take the examination again at the next regularly scheduled examination
period by making written request and submitting the required exam fee. A
person having a combined record of three failures or unexcused absences shall
be eligible only after submitting a new application with appropriate
application fee, and shall be considered by the Board for re-examination at the
end of 12 months. After the end of the 12-month period, the applicant may take
the examination no more than once every calendar year. The applicant shall
demonstrate to the Board that actions, such as additional courses of study,
have been taken to improve the applicant's chances for passing the exam.
(i) Reasonable Accommodation. An applicant may make a
written request, before the application deadline, for reasonable accommodation
for the exam. Reasonable accommodation shall be granted based upon meeting the
Guidelines for Requesting Religious and ADA Accommodations published by the
National Council of Examiners for Engineering and Surveying (NCEES).
(j) Exam Results. Exam results shall be supplied in
writing as pass or fail. No results shall be given in any other manner.
(k) Review of Failed Exams. An applicant who fails to make
a passing score on an exam shall receive an exam analysis. An applicant who
fails to make a passing score on the two-hour North Carolina portion of the
exam may request in writing within thirty days of receiving the result to have
an opportunity to review that portion of the exam. The review shall be done in
the Board Office under supervision of staff and is limited to one hour.
History Note: Authority G.S. 89C-10; 89C-15;
Eff. February 1, 1976;
Readopted Eff. September 29, 1977;
Amended Eff. August 1, 2014; May 1, 2009; April 1, 2001;
August 1, 1998; November 2, 1992; April 1, 1989; January 1, 1982.
21 NCAC 56 .0604 STANDARDS OF PRACTICE
History Note: Authority G.S. 89C‑10; 89C‑21;
Eff. February 1, 1976;
Readopted Eff. September 29, 1977;
Amended Eff. January 1, 1982;
Repealed Eff. July 1, 1989.
21 NCAC 56 .0605 CERTIFICATES
History Note: Authority G.S. 89C‑3; 89C‑13;
89C‑15; 89C‑16;
Eff. February 1, 1976;
Readopted Eff. September 29, 1977;
Amended Eff. January 1, 1982;
Repealed Eff. April 1, 1989.
21 NCAC 56 .0606 EXPIRATIONS AND RENEWALS OF
CERTIFICATES
(a) Professional Land Surveyor Licensure. An annual
renewal fee of seventy-five dollars ($75.00) for certificates of licensure for
Professional Land Surveyors is payable to the Board. The Board shall provide
each Professional Land Surveyor a form that requires the licensee to provide to
the Board the physical places of business and residential addresses, report
compliance with continuing education requirements, and report criminal
convictions or disciplinary actions. The licensee shall give notice to the
Board of a change of business or residential address within 30 days of the
change. The licensee shall give notice to the Board of any criminal
convictions, including DWI but not including minor traffic offenses (offenses that
are not a misdemeanor or felony) of any disciplinary actions in any
jurisdiction on any license, within 30 days of the conviction or disciplinary
action. A nolo contendere plea is equated to a conviction for reporting
purposes.
(b) Surveyor Intern Certificate. The surveyor intern
certificate does not expire and, therefore, does not have to be renewed.
(c) "Professional Land Surveyor, Retired." The
Board shall approve the application for use of the title for a person who has
been duly licensed as a Professional Land Surveyor by the Board, who chooses to
relinquish or not to renew a license and has had no disciplinary action that
would support a determination that the licensee is not of good character and
reputation.
History Note: Authority G.S. 89C-17; 89C-3(9a);
Eff. February 1, 1976;
Readopted Eff. September 29, 1977;
Amended Eff. August 1, 2011; July 1, 2010; July 1, 2009;
December 4, 2002; August 1, 2000; August 1, 1998; May 1, 1994.
21 NCAC 56 .0607 waiver for licensees serving on
active duty in the armed forces of the us
(a) All Professional Land Surveyors currently licensed by
and in good standing with the Board (whose license is not suspended or revoked)
who are serving in the armed forces of the United States and who are eligible
for an extension of time to file a tax return pursuant to G.S. 105-249.2 are
granted a waiver of their mandatory continuing education requirements and
annual renewal fee for the time period disregarded pursuant to the Internal
Revenue Code 26 U.S.C. 7508.
(b) Request for waiver by an eligible licensee, meeting
requirements in Paragraph (a) of this Rule, of renewal fee and waiver of
continuing education requirements:
(1) The licensee shall notify the Board of
eligibility before the current license expires. Upon such notification, the
Board shall maintain the license in active status through the extension period.
(2) If the licensee fails to notify the Board
of eligibility for the extension period before the current license expires,
upon receipt and acceptance of a renewal application within the extension
period and presentation of proof that the licensee was eligible on the date
that is the deadline for renewal, the expired license or registration shall be
deemed retroactively to have not expired.
(3) The licensee who submits a renewal
application within the extension period shall not be deemed to hold a lapsed
license subject to reinstatement fees.
(4) The licensee may renew the license within
the extension period despite failing to complete the specified continuing
education requirements.
(5) A licensee shall provide proof of
eligibility for the extension period when the licensee or registrant submits
the renewal application.
History Note: Authority G.S. 89C-10; 89C-17; 93B-15;
Eff. August 1, 2011.
section .0700 – rules of professional conduct
21 NCAC 56 .0701 RULES OF PROFESSIONAL CONDUCT
(a) In order to safeguard the life, health, property and
welfare of the public and to establish and maintain a high standard of
integrity, skills, and practice in the professions of engineering and land
surveying, the Rules of Professional Conduct in this Rule are adopted in
accordance with G.S. 89C-20 and are binding upon every person holding a
certificate of licensure as a Professional Engineer or Professional Land
Surveyor (licensee), and on all business entities authorized to offer or
perform engineering or land surveying services in this state. All persons
licensed under the provisions of Chapter 89C of the General Statutes are
charged with having knowledge of the Board Rules, including the Rules of Professional
Conduct, and are deemed to be familiar with their provisions and to understand
them.
(b) A licensee shall conduct the practice in order to
protect the public health, safety and welfare. The licensee shall at all times
recognize the primary obligation to protect the public in the performance of
the professional duties. If the licensee's engineering or land surveying
judgment is overruled under circumstances where the safety, health and welfare
of the public are endangered, the licensee shall inform the employer, the
client, the contractor, other affected parties and any appropriate regulatory
agency of the possible consequences of the situation.
(c) A licensee shall perform services only in areas of the
licensee's competence and:
(1) Shall undertake to perform engineering and
land surveying assignments only when qualified by education or experience in
the specific technical field of professional engineering or land surveying
involved;
(2) May accept an assignment or project
requiring education or experience outside of the licensee's own field of
competence, but only to the extent that the services are restricted to those
portions or disciplines of the project in which the licensee is qualified. All
other portions or disciplines of such project shall be performed by associates,
consultants, or employees who are licensed and competent in those portions or
disciplines;
(3) Shall not affix the signature or seal to
any engineering or land surveying plan or document dealing with subject matter
for which the licensee lacks competence by virtue of education or experience,
nor to any such plan or document not prepared under the licensee's direct
supervisory control. Direct supervisory control (responsible charge) requires
a licensee or employee to carry out all client contacts, provide internal and
external financial control, oversee employee training, and exercise control and
supervision over all job requirements to include research, planning, design,
field supervision and work product review. Direct supervisory control may be
accomplished face to face or by other means of communication. A licensee shall
not contract with a non-licensed individual to provide these professional
services. Research, such as title searches and soil testing, may be contracted
to a non-licensed individual, provided that individual is qualified or licensed
to provide such service and provided the licensee reviews the work. The
licensee may affix the seal and signature to drawings and documents depicting
the work of two or more professionals provided it is designated by a note under
the seal the specific subject matter for which each is responsible; and
(4) In circumstances where a licensee in
responsible charge of the work is unavailable to complete the work, or the work
is a design plan signed and sealed by an out-of-jurisdiction licensee (not a
site adaptation of a standard design plan under Rule 21 NCAC 56 .1106) a
successor licensee may take responsible charge by performing and documenting all
professional services to include developing a design file including work or
design criteria, calculations, code research, and any necessary and appropriate
changes to the work. The non-professional services, such as drafting, need not
be redone by the successor licensee but must distinguish in a clean and obvious
manner and accurately reflect the successor licensee's work. The burden is on
the successor licensee to show such compliance. The successor licensee shall
have control of and responsibility for the work product and the signed and sealed
originals of all documents.
(d) A licensee shall issue public statements only in an
objective and truthful manner and:
(1) Shall be objective and truthful in all
professional reports, statements or testimony. The licensee shall include all
relevant and pertinent information in such reports, statements or testimony;
(2) When serving as an expert or technical
witness before any court, commission, or other tribunal, shall express an
opinion only when it is founded upon adequate knowledge of the facts in issue,
upon a background of technical competence in the subject matter, and upon
honest conviction of the accuracy and propriety of the licensee's testimony;
(3) Shall issue no statements, criticisms, or
arguments on engineering or land surveying matters connected with public policy
which are inspired or paid for by an interested party, or parties, unless the
licensee has prefaced the comment by explicitly identifying the licensee's
name, by disclosing the identities of the party or parties on whose behalf the
licensee is speaking, and by revealing the existence of any pecuniary interest
the licensee may have in the matters; and
(4) Shall not attempt to injure, maliciously or
falsely, directly or indirectly, the professional reputation, prospects,
practice or employment of another engineer or land surveyor, nor
indiscriminately criticize another engineer or land surveyor's work in public.
Indiscriminate criticism includes statements without valid basis or cause or
that are not objective and truthful or that fail to include all relevant and
pertinent information. If the licensee believes that another engineer or land
surveyor is guilty of misconduct or illegal practice, such information shall be
presented to the North Carolina Board of Examiners in the form of a complaint.
(e) A licensee shall avoid conflicts of interest and:
(1) Shall inform the employer or client, and
any reviewing agency, of any business association, interests, or circumstances
which could influence judgment or the quality of services;
(2) Shall not accept compensation, financial or
otherwise, from more than one party for services on the same project, or for
services pertaining to the same project, unless the circumstances are disclosed
to, and agreed to, in writing, by all interested parties;
(3) Shall not solicit or accept financial or
other valuable considerations from material or equipment suppliers for
specifying their products;
(4) Shall not solicit or accept gratuities,
directly or indirectly, from contractors, their agents, or other parties
dealing with the client or employer in connection with work for which the
licensee is responsible;
(5) When in public service as a member,
advisor, or employee of a governmental body or department, shall not
participate in considerations or actions with respect to services provided by
the licensee or the licensee's firm in private engineering and land surveying
practices;
(6) Shall not solicit or accept an engineering
or land surveying contract from a governmental body on which a principal or
officer of the licensee's firm serves as a member; and
(7) Shall not attempt to supplant another
engineer or land surveyor in a particular employment after becoming aware that
the other has been selected for the employment.
(f) A licensee shall solicit or accept work only on the
basis of qualifications and:
(1) Shall not offer to pay, either directly or
indirectly, any commission, political contribution, gift, or other
consideration in order to secure work, exclusive of securing salaried positions
through employment agencies;
(2) Shall compete for employment on the basis
of professional qualification and competence to perform the work. The licensee
shall not solicit or submit proposals for professional services containing a
false, fraudulent, misleading, deceptive or unfair statement or claim regarding
the cost, quality or extent of services to be rendered;
(3) Shall, with regard to fee bidding on public
projects, comply with the provisions of G.S. 143-64.31 et seq., (or for federal
projects, the Brooks Act, 40 U.S. Code 541 et seq.) and shall not knowingly
cooperate in a violation of any provision of G.S. 143-64.31 et seq. (or of 40
U.S. Code 541 et seq.); and
(4) Shall not falsify or permit
misrepresentation of academic or professional qualifications and shall only
report educational qualifications when a degree or certificate was awarded,
unless it is stated that no degree or certificate was awarded. The licensee
shall not misrepresent degree of responsibility in or for the subject matter of
prior assignments. Brochures or other presentations incident to the
solicitation of employment shall not misrepresent pertinent facts concerning employers,
employees, associates, joint ventures, or past accomplishments with the intent
and purpose of enhancing qualifications and work.
(g) A licensee shall perform services in an ethical manner,
as required by the Rules of Professional Conduct (21 NCAC 56 .0701), and in a lawful
manner and:
(1) Shall not knowingly associate with or
permit the use of the licensee's name or firm name in a business venture by any
person or firm which the licensee knows, or has reason to believe, is engaging
in business or professional practices of a fraudulent or dishonest nature or is
not properly licensed; and
(2) If the licensee has knowledge or reason to
believe that another person or firm may be in violation of the Board Rules (21
NCAC 56) or of the North Carolina Engineering and Land Surveying Act (G.S.
89C), shall present such information to the Board in writing in the form of a
complaint and shall cooperate with the Board in furnishing such further
information or assistance as may be required by the Board. The licensee shall
timely respond to all inquiries and correspondence from the Board and shall
timely claim correspondence from the U. S. Postal Service, or other delivery
service, sent to the licensee from the Board. Timely is defined as within the
time specified in the correspondence, or if no time is specified, within 30
days of receipt. Certified mail is timely claimed if prior to being returned
by the Post Office to the Board office.
(h) A Professional Engineer or Professional Land Surveyor
who has received a reprimand or civil penalty or whose professional license is
revoked, suspended, denied, refused renewal, refused reinstatement, put on
probation, restricted, or surrendered as a result of disciplinary action by
another jurisdiction is subject to discipline by the Board if the licensee's
action constitutes a violation of G.S. 89C or the rules adopted by the Board.
History Note: Authority G.S. 89C-17; 89C-20;
Eff. February 1, 1976;
Readopted Eff. September 29, 1977;
Amended Eff. September 1, 2011; May 1, 2009; August 1,
2002; August 1, 2000; August 1, 1998; November 2, 1992; April 1, 1989; January
1, 1982; March 1, 1979.
21 NCAC 56 .0702 RULES OF CONDUCT OF ADVERTISING
(a) The Professional Engineer or Professional Land Surveyor
shall not make exaggerated, misleading, deceptive or false statements or claims
about professional qualifications, experience or performance in brochures,
correspondence, listings, or other public communications.
(b) The prohibitions listed in Paragraph (a) of this Rule
include, but are not limited to, the use of statements containing a material
misrepresentation of fact or omitting a material fact necessary to keep the
statement from being misleading; statements intended or likely to create an
unjustified expectation; and statements containing a prediction of future
success.
(c) Consistent with the foregoing, the Professional
Engineer or Professional Land Surveyor may advertise for recruitment of
personnel.
(d) Consistent with the foregoing, the Professional
Engineer or Professional Land Surveyor may prepare articles for the lay or
technical press. Such articles shall not imply credit to the author for work
performed by others.
History Note: Authority G.S. 89C‑20;
Eff. February 1, 1976;
Readopted Eff. September 29, 1977;
Amended Eff. August 1, 2000; August 1, 1998; April 1,
1989; March 1, 1979.
_
SECTION .0800 ‑ FIRM REGISTRATION
21 NCAC 56 .0801 REQUIREMENTS
History Note: Authority G.S. 55B-10; 89C‑24;
Eff. February 1, 1976;
Readopted Eff. September 29, 1977;
Amended Eff. January 1, 1982;
Repealed Eff. April 1, 1989.
21 NCAC 56 .0802 PROCEDURE
(a) Professional Corporations and Limited Liability
Companies:
(1) Request. A request for an application for
licensure as a professional corporation or professional limited liability
company engaged in the practice of engineering or land surveying may be made at
the Board office at 4601 Six Forks Road, Suite 310, Raleigh, NC 27609 or
obtained from the website at www.ncbels.org.
(2) Applicable Form. All professional
corporations and professional limited liability companies complying with the
statutory requirements of G.S. 89C, G.S. 55B and G.S. 57D that desire to
practice engineering or land surveying shall apply by using a form prepared by
the Board. This form shall require the applicant, by and through an officer,
director and shareholder of the professional corporation or limited liability
company who is licensed with the North Carolina Board of Examiners for
Engineers and Surveyors in a profession of the services to be offered, to
certify that it and the stockholders of the corporation or members of the
limited liability company have complied with the provisions of the applicable
provisions of the General Statutes. The form shall also require that the
officers, directors, shareholders, members and professional employees be listed
on that application.
(3) Certificate of Licensure:
(A) Upon receiving the application with application fee
of one hundred dollars ($100.00), the Board, after determining that the firm
has complied with the statutory requirements, shall issue a certificate of
compliance.
(B) The firm shall forward the certificate of compliance
to the Secretary of State along with its articles of incorporation or articles
of organization.
(C) Upon approval by the Secretary of State, the firm
shall forward to the Board a certified copy of its articles of incorporation or
articles of organization.
(D) Upon receipt of the certified copy of the articles
of the firm, if all statutory requirements have been met, the Board shall
approve the application and issue the firm a certificate of licensure.
(b) Business Firms and Chapter 87 Corporations:
(1) Request. A request for an application for
licensure as a business firm or Chapter 87 corporation, as defined in G.S.
55B-15(a)(2), engaged in the practice of engineering or land surveying may be
made at the Board office or obtained from the website. A sole proprietorship owned
and operated by the individual licensee in the licensee's name as reflected in
the Board's records is exempt from firm licensure.
(2) Applicable Form. All business firms or
Chapter 87 corporations that desire to practice engineering or land surveying shall
apply by using a form prepared by the Board. The form shall require the
applicant, through a principal officer, partner or owner, to certify that the
business firm will be operated in compliance with the laws of the State of
North Carolina and the rules of the North Carolina Board of Examiners for
Engineers and Surveyors.
(3) Certificate of Licensure. Upon receiving
the application with application fee of one hundred dollars ($100.00), the
Board, after determining that the firm has complied with the statutory
requirements, shall issue a certificate of licensure.
History Note: Authority G.S. 55B-4; 55B-10; 55B-15; 57D-2-02;
89C-10; 89C-24;
Eff. February 1, 1976;
Readopted Eff. September 29, 1977;
Amended Eff. August 1, 2014; May 1, 2009; August 1, 2000;
February 1, 1996; May 1, 1994; April 1, 1989; January 1, 1982.
21 NCAC 56 .0803 FEES
History Note: Authority G.S. 89C‑10; 89C‑24;
Eff. February 1, 1976; Readopted Eff. September
29, 1977;
Repealed Eff. April 1, 1989.
21 NCAC 56 .0804 ANNUAL RENEWAL
(a) Renewal. The certificate of licensure for a business
entity, including a professional corporation, limited liability company,
Chapter 87 corporation, or business firm shall be renewed annually.
(b) Expiration. The certificate of licensure expires on
the last day of June following its issuance by the Board and becomes invalid on
that date unless renewed.
(c) Written Application. Upon written application on a
renewal form provided by the Board that requires the physical place of business
address and report of disciplinary actions accompanied by a fee of seventy-five
dollars ($75.00) the Board shall renew the certificate of licensure providing
that the firm has complied with all Rules of the Board and applicable General
Statutes of North Carolina. The form shall be provided to all licensees in
good standing no later than June 1st. The licensed entity shall give notice to
the Board of a change of business address within 30 days of the change. The
firm shall give notice to the Board of any disciplinary actions in any
jurisdiction on any license within 30 days of the disciplinary action.
(d) If a firm fails to renew its certificate of licensure
within one year of the expiration date, the firm shall submit a new application
for a new certificate of licensure in accordance with all requirements of 21
NCAC 56 .0802.
(e) If any business entity that holds a current certificate
of licensure ceases business because the professional licensee receives a
waiver from paying the individual renewal fee under 21 NCAC 56 .0506 or 21 NCAC
56 .0607 the annual renewal fee for the business shall be waived for the same
time period.
History Note: Authority G.S. 55B-11; 57C-2-01; 89C-10;
89C-14; 89C-17; 89C-24;
Eff. February 1, 1976;
Readopted Eff. September 29, 1977;
Amended Eff. August 1, 2011; July 1, 2010; July 1, 2009;
December 4, 2002; April 1, 2001; February 1, 1996; May 1, 1994.
21 NCAC 56 .0805 REGISTRATION NOT REQUIRED
History Note: Authority G.S. 55b-15; 89C‑10; 89C‑24;
Eff. February 1, 1976;
Readopted Eff. September 29, 1977;
Repealed Eff. April 1, 1989.
SECTION .0900 ‑ BUSINESS entities: GENERAL
21 NCAC 56 .0901 OFFICES
(a) Professional Engineering Services. Every firm,
partnership, corporation or limited liability company that performs or offers
to perform engineering services in the State of North Carolina shall have a
resident Professional Engineer in responsible charge in each separate office
located in North Carolina where professional engineering services are performed
or offered to be performed. Out-of-state office locations where engineering
services are performed or offered to be performed for North Carolina projects
shall have Professional Engineers in responsible charge of only the specific
projects in compliance with Rule .0701(c)(3) of this Chapter.
(b) Land Surveying Services. Every firm, partnership,
corporation or limited liability company that performs or offers to perform
land surveying services in the State of North Carolina shall have a resident
Professional Land Surveyor in responsible charge in each separate office
located in North Carolina where land surveying services are performed or
offered to be performed. Out-of-state office locations where surveying
services are performed or offered to be performed for North Carolina projects
are only required to have Professional Land Surveyors in responsible charge of
the specific projects in compliance with Rule .0701(c)(3) of this Chapter.
(c) Resident. The terms "resident Professional
Engineer" or "resident Professional Land Surveyor" as used in
this Rule, means a licensee who spends a majority of the licensee's normal
working time in that office. Such time shall not be less than a majority of
the operating hours of the business. A Professional Engineer or Professional
Land Surveyor shall be the resident licensee at only one place of business at
one time unless each business is at least one-third owned by the resident
professional. This arrangement shall be specifically approved by the Board
after a determination that the businesses are integrated in operation,
ownership, office location and that the licensee will be in responsible charge
of the professional services.
(d) No firm, partnership, corporation or limited liability
company shall practice, offer to practice, or market either land surveying or
engineering unless there is a licensed resident for that service in responsible
charge at that office. Advertisements, signs, letterheads, business cards,
directories, or any other form of representation shall avoid any reference to
any service that cannot be provided under the responsible charge of a properly
qualified resident professional. The licensed entity shall give notice to the
Board of a change of resident professional within 30 days after the change and
shall not practice, offer to practice, or market the professional service
during any period of time without a resident professional.
History Note: Authority G.S. 57D-2-02: 89C‑10;
89C‑24;
Eff. February 1, 1976;
Readopted Eff. September 29, 1977;
Amended Eff. August 1, 2014; August 1, 2002; April 1,
2001; August 1, 1998; May 1, 1994; January 1, 1992; April 1, 1989.
21 NCAC 56 .0902 TITLES OF BUSINESS ENTITIES
(a) Companies, partnerships, corporations, limited
liability companies or any other business organization providing professional
engineering or land surveying services in North Carolina shall not practice
under a name that is misleading. Except as provided below, the titles of
engineering or land surveying companies, partnerships, corporations, limited
liability companies or any other business organization organized primarily to
provide such professional services shall not contain the name of an individual
not licensed to provide the professional services offered or eligible for
licensure under the provisions of G.S. 89C-13.
(b) A firm may include in its title the name or names of
one or more deceased or retired former members of the firm, provided that the
firm submits a letter of request and explanation with its application to the
Board, and that the Board finds as fact that the use of the name is not
misleading.
(c) A business organization shall not change its title, or
operate under an assumed name, without first applying to the Board for a
determination that the proposed title meets the requirements of Paragraph (a)
of this Rule. Requests for name changes shall be made in writing on forms
provided by the Board for this purpose.
History Note: Authority G.S. 55B‑5; 57C-2.01; 89C‑10;
89C‑24;
Eff. February 1, 1976;
Readopted Eff. September 29, 1977;
Amended Eff. August 1, 2000; August 1, 1998; May 1, 1994;
April 1, 1989; April 1, 1980.
SECTION .1000 ‑ TEMPORARY PERMIT
21 NCAC 56 .1001 GENERAL
21 NCAC 56 .1002 APPLICATION PROCEDURE
21 NCAC 56 .1003 SEAL
History Note: Authority G.S. 89C-10; 89C‑25;
Eff. February 1, 1976;
Readopted Eff. September 29, 1977;
Amended Eff. August 1, 2000; April 1, 1989; January 1,
1982;
Repealed Eff. February 1, 2013.
SECTION .1100 ‑ SEAL
21 NCAC 56 .1101 GENERAL
It is misconduct for a Professional Engineer or Professional
Land Surveyor to seal work done by another individual unless the work is
performed under the "responsible charge" of the Professional Engineer
or Professional Land Surveyor.
History Note: Authority G.S. 89C‑3(10); 89C‑10;
89C‑16;
Eff. February 1, 1976;
Readopted Eff. September 29, 1977;
Amended Eff. August 1, 2000; April 1, 1989; December 1,
1984; January 1, 1982.
21 NCAC 56 .1102 DESIGN
The standard design of the seal shall be two concentric
circles in which North Carolina and the name of the licensee are placed within
the outermost circle and in which the license number of the licensee and either
"Professional Engineer" or "Professional Land Surveyor," is
placed within the innermost circle. The size shall be 1 ½ to 1 ¾ inches in
diameter.
History Note: Authority G.S. 89C-10; 89C-16;
Eff. February 1, 1976;
Readopted Eff. September 29, 1977;
Amended Eff. May 1, 2009; August 1, 2000; August 1, 1998;
April 1, 1989; January 1, 1982.
21 NCAC 56 .1103 STANDARD CERTIFICATION REQUIREMENTS
(a) Certification of Final Drawings. Drawings or maps not
subject to the exceptions in Paragraph (c) of this Rule shall conform to the
following:
(1) Certification is required on reproducibles
or original drawings;
(2) The seal may be a rubber stamp, embossed
seal, computer-generated seal, or other facsimile that becomes a permanent
addition to a plan sheet or map;
(3) The licensee's written signature must be
placed over, or adjacent to, the seal on the original document. A facsimile
signature is not acceptable;
(4) The date of signing must be annotated on
the original document;
(5) All sheets of engineering and surveying
drawings must be certified;
(6) The name, address and license number of the
licensee's firm shall be included on each sheet of engineering drawings. For
surveys, the name, address and license number of the licensee's firm shall be
included on the first sheet of the survey or title sheet. The individual
license number of the sole proprietor shall be used as the license number for
an exempt sole proprietorship that meets the requirements of 21 NCAC 56
.0802(b)(1); and
(7) Any revision on a drawing after a licensee's
certification is affixed shall be described and dated and if not done under the
responsible charge of the same licensee shall be separately certified.
(b) Certification of Specifications and Reports. All
specifications, reports, or other documents, including letter reports and
calculations, not subject to the exceptions in Paragraph (c) of this Rule shall
conform to the following:
(1) Certification is required on original
specifications, reports, or other documents, including letter reports and
calculations;
(2) The seal may be a rubber stamp, or other
facsimile;
(3) The licensee's written signature must be
placed over, or adjacent to, the seal on the original document. A facsimile
signature is not acceptable;
(4) The date of signing must be annotated on the
original document;
(5) The title sheet of engineering
specifications or other reports must be certified and bear the name, address
and license number of the licensee's firm. The title sheet of any survey
report or written description of property shall include the name, address and
license number of the licensee's firm. The individual license number of a sole
proprietor shall be used as the license number for an exempt sole
proprietorship that meets the requirements of 21 NCAC 56 .0802(b)(1); and
(6) Any revision in the document after a
licensee's certification is affixed shall be described and dated and if not
done under the responsible charge of the same licensee shall be separately
certified.
(c) Exceptions to Required Certification. The certification
of a licensee on a map, drawing, plan, specification, plat, document, or report
shall signify that it is the final work of the licensee unless the work is
stamped or marked substantially as follows so as to put the public on notice
not to use as a final product, in which case certification is optional:
(1) "Preliminary - Do not use for
construction";
(2) "Progress Drawings - Do not use for
construction";
(3) "Preliminary Plat - Not for
recordation, conveyances, or sales";
(4) "Final Drawing - Not released for
construction";
(5) "Final Drawing - For Review Purposes
Only";
(6) "Not a Certified Document – This
document originally issued and sealed by (name of licensee), (license number),
on (date of sealing). This document shall not be considered a certified
document";
(7) "Not a Certified Document as to the
Original Document but Only as to the Revisions - This document originally
issued and sealed by (name of licensee), (license number), on (date of
sealing). This document is only certified as to the revisions".
(d) Electronically Transmitted Documents. Documents,
including drawings, specifications and reports, that are transmitted
electronically beyond the direct control of the licensee shall have the
computer-generated seal removed from the original file, unless signed with a
digital signature as defined in Paragraph (e) of this Rule. After removal of
the seal the electronic media shall have the following inserted in lieu of the
signature and date: "This document originally issued and sealed by (name
of sealer), (license number), on (Date of sealing). This medium shall not be
considered a certified document." Hardcopy documents containing the
original seal, signature and date of the licensee may be duplicated by
photocopy or electronic scanning processes and distributed either in hardcopy
or electronic medium. The scanned digital files of certified documents are not
subject to the requirements of this Paragraph. The electronic transmission
beyond the direct control of the licensee of CAD, vector or other files subject
to easy editing are subject to the requirements of this paragraph. Easy
editing is based on the file consisting of separate elements that can be
individually modified or deleted. Documents that are excepted from
certification by a statement meeting the requirements of Subparagraphs (c)(1)
through (c)(5) of this Rule are not subject to the requirements of this
Paragraph.
(e) Documents to be electronically transmitted beyond the
direct control of the licensee that are signed using a digital signature, shall
contain the authentication procedure in a secure mode and a list of the
hardware, software and parameters used to prepare the document(s). Secure mode
means that the authentication procedure has protective measures to prevent
alteration or overriding of the authentication procedure. The term "digital
signature" shall be an electronic authentication process that is attached
to or logically associated with an electronic document. The digital signature
shall be:
(1) Unique to the licensee using it;
(2) Capable of verification;
(3) Under the sole control of the licensee; and
(4) Linked to a document in such a manner that
the digital signature is invalidated if any data in the document is changed.
(f) A digital signature process may be submitted to the
Board for approval that it meets the criteria set forth in Subparagraphs (e)(1)
through (4) of this Rule. The licensee shall confirm that if another process
is used, that it meets the criteria.
History Note: Authority G.S. 89C-10; 89C-16;
Eff. February 1, 1976;
Readopted Eff. September 29, 1977;
Amended Eff. August 1, 2011; July 1, 2009; May 1, 2009;
August 1, 2002; August 1, 2000; August 1, 1998; February 1, 1996; May 1, 1994;
April 1, 1989; December 1, 1984.
21 NCAC 56 .1104 CERTIFICATION WITH TEMPORARY PERMIT
History Note: Authority G.S. 89C‑10; 89C‑16;
89C‑25;
Eff. February 1, 1976;
Readopted Eff. September 29, 1977;
Amended Eff. August 1, 2000; August 1, 1998; February 1,
1996; April 1, 1989; January 1, 1982;
Repealed Eff. February 1, 2013.
21 NCAC 56 .1105 FIRM SEAL
The use of a seal by a firm is not required for
certification. A firm seal is not authorized for use in lieu of the required
seal of a Professional Engineer or Professional Land Surveyor. When a firm
seal is used, it does not relieve the individual licensee of the requirements
and responsibilities pertaining to the individual's seal.
History Note: Authority G.S. 89C‑10; 89C‑16;
89C‑25;
Eff. February 1, 1976;
Readopted Eff. September 29, 1977;
Amended Eff. August 1, 2000; August 1, 1998; May 1, 1994;
January 1, 1982.
21 NCAC 56 .1106 CERTIFICATION OF STANDARD DESIGN
PLANS
Standard design plans that were initially prepared and
certified by an individual who is a licensed engineer in the state of origin of
such plans (including North Carolina) may then be reviewed by a North Carolina
Professional Engineer for code conformance, design adequacy, and site
adaptation for the specific application within North Carolina. The reviewing
Professional Engineer who is licensed in North Carolina assumes responsibility
for such standard designs. Standard plans, which bear the seal of the original
design engineer who is a licensed engineer in another state, or North Carolina, shall be sealed by the reviewing North Carolina Professional Engineer who
is assuming responsibility. In addition to the seal, a statement shall be
included as follows: "These plans have been properly examined by the
undersigned. I have determined that they comply with existing local North Carolina codes, and have been properly site adapted for use in this area."
History Note: Authority G.S. 89C‑10; 89C‑16;
Eff. February 1, 1976;
Readopted Eff. September 29, 1977;
Amended Eff. May 1, 2009; August 1, 2000; August 1, 1998;
April 1, 1989; December 1, 1984; January 1, 1982.
21 NCAC 56 .1107 CERTIFICATION OF PLANS FOR BUILDING
AND STRUCTURE PERMITS
21 NCAC 56 .1108 LAND SURVEYING
History Note: Authority G.S. 89C‑10; 89C‑16;
89C‑21;
Eff. January 1, 1982;
Amended Eff. December 1, 1984;
Repealed Eff. April 1, 1989.
SECTION .1200 ‑ RULEMAKING PROCEDURES
21 NCAC 56 .1201 PETITIONS
(a) Any person wishing to submit a petition requesting the
adoption, amendment or repeal of a rule by the Board shall send the petition to
the executive director at the Board's office in Raleigh, North Carolina.
(b) The petition shall contain the following information:
(1) a draft of the proposed rule;
(2) reason for proposal;
(3) effect on existing rules;
(4) any data supporting proposal;
(5) effect of the proposed rule on existing
practices in the area involved, including cost factors;
(6) names of those most likely to be affected
by the proposed rule, with addresses if reasonably known; and
(7) name and address of each petitioner.
(c) A review committee made up of one member of the Board,
the executive director and the legal counsel for the Board, on behalf of the
Board, shall determine, based on a study of the facts stated in the petition,
whether the public interest will be served by granting it. It shall consider
all the contents of the submitted petition, plus any additional information it
deems relevant.
(d) The executive director, on behalf of the review
committee, shall make a recommendation to the Board for the denial of the
petition or the institution of rulemaking proceedings, as the case may be.
(e) Within 120 days of submission of the petition, the
Board shall render a final decision.
(f) If the decision is to deny the petition, the executive
director, on behalf of the Board, will notify the petitioner in writing,
stating the reasons therefore. If the decision is to grant the petition, the
Board shall publish notice of rulemaking proceedings.
History Note: Authority G.S. 89C‑10; 150B‑20;
Eff. February 1, 1976;
Readopted Eff. September 29, 1977;
Amended Eff. August 1, 2000; August 1, 1998; April 1,
1989; January 1, 1982.
21 NCAC 56 .1202 NOTICE
History Note: Authority G.S. 89C‑10; 150A‑12(c);
150A‑12;
Eff. February 1, 1976;
Readopted Eff. September 29, 1977;
Amended Eff. December 1, 1984;
Repealed Eff. April 1, 1989.
21 NCAC 56 .1203 HEARINGS
(a) Unless otherwise stated in a particular rulemaking
notice, hearings before the Board shall be held in the Board office.
(b) Presentations may not exceed 10 minutes unless, upon
request, either before or at the hearing, the Board grants an extension of
time, for a fuller explanation.
(c) Upon receipt of a request to make an oral presentation
the executive director shall acknowledge receipt of the request, and inform the
person making the request of the imposition of any limitations deemed necessary
to the end of a full and effective public hearing on the proposed rule.
(d) Any person may file a written submission containing
data, comments or arguments after publication of a rulemaking notice as allowed
by G.S. 150B-21.2(f). Written submissions, except when otherwise stated in the
particular rulemaking notice, shall be sent to the Board. Such submissions
shall clearly state the proposed rule(s) to which the comments are addressed.
(e) Upon receipt of such written comments, prompt
acknowledgment shall be made by the Board.
(f) The presiding officer at the hearing shall have
complete control of the proceedings, including extensions of any time
requirements, recognition of speakers, time allotments for presentations,
direction of the flow of the discussion and the management of the hearing. The
presiding officer, at all times, shall take care that each person participating
in the hearing is given a fair opportunity to present views, data and comments.
(g) A record of all rulemaking proceedings shall be
maintained at the Board's office.
History Note: Authority G.S. 89C‑10; 150B‑21.2;
Eff. February 1, 1976;
Readopted Eff. September 29, 1977;
Amended Eff. August 1, 2000; August 1, 1998; April 1,
1989; January 1, 1982.
21 NCAC 56 .1204 EMERGENCY RULES
History Note: Authority G.S. 89C‑10; 150A‑13;
Eff. February 1, 1976;
Readopted Eff. September 29, 1977;
Repealed Eff. April 1, 1989.
21 NCAC 56 .1205 DECLARATORY RULINGS
(a) Any person substantially affected by a statute
administered or rule promulgated by the Board may request a declaratory ruling
as to whether or how the statute or rule applies to a given factual situation
or whether a particular agency rule is valid.
(b) All requests for declaratory rulings shall be written
and mailed to the Board.
(c) All requests for a declaratory ruling must include the
following information:
(1) name and address of petitioner;
(2) statute or rule to which petition relates;
(3) concise statement of the manner in which
petitioner is aggrieved by the rule or statute or its potential application to
petitioner;
(4) a statement of whether an oral hearing is
desired, and if so, the reasons for such an oral hearing.
(d) Whenever the Board believes for good cause that the
issuance of a declaratory ruling is undesirable, it may refuse to do so. When
good cause is deemed to exist, the Board shall notify the petitioner of its
decision in writing stating reasons for the denial of a declaratory ruling.
(e) Where a declaratory ruling is deemed appropriate, the
Board shall issue the ruling within 60 days of receipt of the petition.
(f) A declaratory ruling procedure may consist of written
submissions, oral hearings, or such other procedure as may be appropriate in a
particular case.
History Note: Authority G.S. 89C‑10; 150B‑4;
Eff. February 1, 1976;
Readopted Eff. September 29, 1977;
Amended Eff. August 1, 1998.
section .1300 – board disciplinary procedures
21 NCAC 56 .1301 IMPROPER PRACTICE BY A LICENSEE
(a) General. Alleged practice that may violate the rules
in this Chapter or G.S. 89C by a licensee is subject to Board investigation and
disciplinary action by the Board.
(b) Preferring Charges. Any person who believes that any
licensed Professional Engineer, Professional Land Surveyor or firm holding a
certificate of authorization is in violation of the provisions of G.S. 89C or
the rules in this Chapter may prefer charges against that person or firm by
setting forth in writing those charges and swearing to their authenticity,
along with providing corroborative evidence. The charges shall be filed with
the Board's office in Raleigh, North Carolina.
(c) Preliminary Review:
(1) Upon receipt of a properly filed charge, a
case shall be opened.
(2) A field investigation may be performed if
determined necessary by the Executive Director.
(3) If the Executive Director determines that
the charges are corroborated by evidence, a written notice and explanation of
the charge shall be forwarded to the person or firm against whom the charge is
made and a response is requested of the person or firm so charged to show
compliance with all lawful requirements for retention of the license. Notice
of the charge and of the alleged facts or alleged conduct shall be given
personally or by certified mail, return receipt request.
(4) After preliminary evidence has been
obtained, the matter shall be referred to the Board's review committee which is
made up of the following individuals:
(A) one member of the Board who is licensed in the
respective profession,
(B) the legal counsel of the Board, and
(C) the Executive Director of the Board or Assistant
Executive Director if designated by the Executive Director.
(5) Upon review of the available evidence, the
review committee shall present to the Board a written recommendation that:
(A) the charge be dismissed as unfounded or trivial;
(B) when the charge is admitted as true, the Board
accept the admission of guilt by the person charged and order that person not
to commit in the future the specific act or acts admitted and also not to
violate any of the provisions of the Board Rules or the statutes at any time in
the future;
(C) the charge, whether admitted or denied, be presented
to the full Board for a hearing and determination by the Board on the merits of
the charge in accordance with the substantive and procedural requirements of
the provisions of Section .1400 of this Chapter and the provisions of G.S.
150B; or
(D) whether the charge is admitted or denied, the Board
give notice to the licensee of a contemplated action as set out in Rule
.1403(b) of this Chapter.
(d) Consultant. A consultant to the review committee shall
be designated by the Board Chair if a board member is a complainant, witness or
respondent in a case. The consultant shall be a licensed professional engineer
or professional land surveyor, depending on the nature of the case, and
selected from a list provided by the Executive Director of former Board members
or other licensed professionals who are knowledgeable with the Board's
processes. The consultant shall review all case materials and make a
recommendation for consideration by the review committee as to the merits of
the case. The consultant shall review any new information presented in the
event of a settlement conference and make a recommendation to the settlement
conference committee.
(e) Board Decision. Notice of the decision by the Board on
recommendations of the review committee shall be given to the party against
whom the charges have been brought and the party submitting the charge. Though
it is not forbidden to do so, the Board is not required to notify the parties
of the reasons of the Board in making its determination.
(f) Settlement Conference. When the Board issues a
citation for hearing or notice of a contemplated action, the licensee may
request in writing a settlement conference to pursue resolution of the issue(s)
through informal procedures. If, after the completion of a settlement
conference, the licensee and Board's settlement committee do not agree to a
resolution of the dispute for the full Board's consideration, the original
administrative proceeding shall commence. During the course of the settlement
conference, no sworn testimony shall be taken nor shall any witnesses be
cross-examined.
(1) The Board's settlement committee shall be
made up of the following individuals:
(A) the member of the Board who served on the review
committee or the replacement if the member is not available,
(B) one public member from the Board,
(C) the legal counsel of the Board, and
(D) the Executive Director of the Board or Assistant
Executive Director if designated by the Executive Director.
(2) Upon review of the available evidence, the
settlement committee shall present to the Board a written recommendation that:
(A) the charge be dismissed as unfounded or trivial;
(B) when the charge is admitted as true, the Board
accept the admission of guilt by the person charged and order the person not to
commit in the future the specific act or acts admitted and, also, not to
violate any provisions of the Board Rules or the statutes at any time in the
future;
(C) the charge, whether admitted or denied, be presented
to the full Board for a hearing and determination by the Board on the merits of
the charge in accordance with the substantive and procedural requirements of
the provisions of Section .1400 of this Chapter and the provisions of G.S.
150B; or
(D) whether the charge is admitted or denied, the Board
give notice to the licensee of a contemplated action as set out in Rule
.1403(b) of this Chapter.
History Note: Authority G.S. 89C‑10; 89C‑21;
89C‑22;
Eff. February 1, 1976;
Readopted Eff. September 29, 1977;
Amended Eff. August 1, 2011; July 1, 2009; May 1, 2009;
August 1, 2000; August 1, 1998; March 1, 1996; April 1, 1989; December 1, 1984;
January 1, 1982.
21 NCAC 56 .1302 UNLAWFUL PRACTICE BY AN UNLICENSED
PeRSON
(a) General. Alleged unlawful practice by an unlicensed
person shall be subject to Board investigation and referral to an agency of the
state for appropriate legal action.
(b) Preferring Charges. Any person who believes that any
person or firm is in violation of the acts specified in G.S. 89C may prefer
charges against that person or firm by setting forth in writing those charges
and swearing to their authenticity. The charges shall be filed at the Board's
office in Raleigh, North Carolina.
(c) Preliminary or Threshold Determination:
(1) Upon receipt of a properly filed charge, an
investigation shall be initiated,
(2) At the discretion of the executive
director, a field investigation may be performed without notifying any of the
parties involved,
(3) After preliminary evidence has been
obtained, the matter shall be referred to the Board's review committee which is
made up of the following individuals:
(A) one member of the Board;
(B) the legal counsel of the Board; and
(C) the Executive Director of the Board or Assistant
Executive Director if designated by the Executive Director.
(4) The review committee shall recommend to the
Board whether there is probable cause to believe that a party against whom a
charge has been brought in fact has violated the provisions of G.S. 89C.
(5) Upon review of the available evidence, the
review committee shall make a threshold determination of the charges brought. The
review committee shall then present to the Board written recommendations that:
(A) The investigation be continued;
(B) The charge be dismissed as unfounded or trivial; or
(C) The matter be referred to an appropriate agency for
necessary legal action.
(d) Board Decision. Notice of decision by the Board on
recommendations of the review committee shall be given to the party submitting
the charge.
History Note: Authority G.S. 89C‑10; 89C‑23;
Eff. February 1, 1976;
Readopted Eff. September 29, 1977;
Amended Eff. August 1, 2011; August 1, 2000; August 1,
1998; May 1, 1994; April 1, 1989; January 1, 1982.
SECTION .1400 ‑ CONTESTED CASES
21 NCAC 56 .1401 GENERAL RULES
Whenever the Board, by its official action,
acts in such a way as to affect the rights, duties, or privileges of a specific
identified party, that party, upon request, will be given an administrative
hearing.
History Note: Authority G.S. 89C‑10; 89C‑21;
89C‑22; 150B‑38;
Eff. February 1, 1976;
Readopted Eff. September 29, 1977.
21 NCAC 56 .1402 OPPORTUNITY FOR LICENSEE OR
APPLICANT TO HAVE HEARING
Every licensee or applicant for a license shall be afforded
notice and an opportunity to be heard on any action, where the effect would be:
(1) to deny permission to take an examination for
licensing for which application has been duly made;
(2) to deny a license based on comity;
(3) to deny a license after an applicant has taken and
passed an examination;
(4) to require re‑examination for licensing;
(5) to withhold the renewal of a license for any cause
other than failure to pay a statutory renewal fee;
(6) to suspend a license;
(7) to revoke a license;
(8) to impose a civil penalty;
(9) to issue a reprimand;
(10) to refuse to renew;
(11) to refuse to reinstate; or
(12) to require additional education.
History Note: Authority G.S. 89C‑10; 89C‑21;
89C‑22; 150B‑38;
Eff. February 1, 1976;
Readopted Eff. September 29, 1977;
Amended Eff. August 1, 2014; April 1, 1989; January 1,
1982.
21 NCAC 56 .1403 NOTICE OF CONTEMPLATED BOARD ACTION:
REQUEST FOR HEARING
(a) When the Board takes action of a type specified in
Subparagraphs (1), (2) or (3) of Rule .1402 of this Section, it shall give to
the applicant a written notice containing a statement:
(1) that the applicant has failed to satisfy
the Board of the qualifications to be examined or to be issued a license, as
the case may be;
(2) indicating in what respects the applicant
has so failed to satisfy the Board; and
(3) that unless the applicant, within 20 days
after service of said notice, deposits in the mail a certified letter addressed
to the Board and containing a request for a hearing, the Board's action will
become final.
In any Board proceeding involving the denial of a duly made
application to take an examination, or refusal to issue a license after an
applicant has taken and passed an examination, the burden of satisfying the
Board of the applicant's qualifications shall be upon the applicant.
(b) When the Board contemplates taking any action of a type
specified in Subparagraphs (4), (5), (6), (7), (8), or (9) of Rule .1402 of
this Section, it shall give to the licensee a written notice containing a
statement:
(1) that the Board has sufficient evidence
which, if not rebutted or explained, will justify the Board in taking the
contemplated action;
(2) indicating the general nature of the
evidence; and
(3) that unless the licensee, within 20 days
after service of said notice, deposits in the mail a certified letter addressed
to the Board and containing a request for a hearing or settlement conference,
the Board will take the contemplated action.
History Note: Authority G.S. 89C‑10; 89C‑21;
89C‑22; 150B‑38;
Eff. February 1, 1976;
Readopted Eff. September 29, 1977;
Amended Eff. August 1, 1998; December 1, 1984; January 1,
1982.
21 NCAC 56 .1404 REQUEST FOR HEARING
21 NCAC 56 .1405 NOTICE OF HEARING
21 NCAC 56 .1406 PLACE OF HEARING
21 NCAC 56 .1407 INTERVENTION
21 NCAC 56 .1408 HEARING OFFICERS
History Note: Authority G.S. 89C‑10; 89C‑21;
89C‑22; 150A‑3; 150A‑23; 150A‑24; 150A‑32;
Eff. February 1, 1976;
Readopted Eff. September 29, 1977.
Amended Eff. December 1, 1984; January 1, 1982;
Repealed Eff. April 1, 1989.
21 NCAC 56 .1409 CONDUCT OF CONTESTED CASE
(a) Failure to Appear:
(1) If a party served with notice requests a
hearing within the time required and fails to appear without having notified
the Board, and no continuance or adjournment is ordered, the party is
considered to have waived the right to appear at the hearing and the Board may
proceed with the hearing in the party's absence.
(2) If the absent party is the only party other
than the Board, the Board may proceed with the hearing and make its decision in
the party's absence.
(3) Continuances and adjournments shall be
granted to a party only in compelling circumstances and for hardship noted.
(4) If a hearing is conducted or a decision
reached in the absence of a party, that party may petition the Board for a
reopening of the case. Petitions will not be granted, except when petitioner
can show that the reasons for the failure to appear were justifiable and that
fairness requires reopening of the case. The decision made by the Board will
be in writing. A copy will be sent to the petitioner and made a part of the
record of the contested case.
(b) Simplification of Issues. The parties to a contested
case may agree in advance to simplify the hearing by eliminating issues to be
contested at the hearing, accepting the validity of certain proposed evidence,
accepting the findings in some other case with relevance to the case at hand,
or agreeing to such other matters as may expedite the hearing.
(c) Subpoenas:
(1) The executive director shall issue
subpoenas in the Board's name.
(2) Subpoenas requiring the attendance of
witnesses, or those to produce documents, evidence, or things, will be issued
by the executive director within five business days of the receipt of a request
from a party to the case for such subpoena.
(3) Any person receiving a subpoena from the
Board may object thereto by filing a written objection to the subpoena with the
Board. Such objection must include a concise, but complete statement of reasons
why the subpoena should be revoked or modified. These reasons may include lack
of relevancy of the evidence requested, lack of particularity in the
description of the evidence sought, or any other reasons sufficient in law for
holding the subpoena invalid, such as that the evidence is privileged, that
appearance or production would be so disruptive as to be unreasonable in light
of the significance of the evidence sought, or other undue hardships.
(4) The objecting witness shall serve the
objection on the party who requested the subpoena as soon as the objection is
filed with the Board.
(5) The party requesting the subpoena, within
five days, may file a written response to the objection. The response shall be
served in like manner as the objection.
(6) After receipt of the objection and response
thereto, if any, the Board shall issue a notice to the party who requested and
the party challenging the subpoena, and may notify all other parties of an open
hearing, to be scheduled as soon as practicable, at which time evidence and
testimony may be presented limited to the questions raised by the objection and
response, if any.
(7) Promptly after the close of such hearing,
the Board will rule on the challenge and issue a written decision. A copy of
this decision will be issued to all parties and made a part of the record.
History Note: Authority G.S. 89C‑10; 89C‑21;
89C‑22; 150B‑38; 150B‑39; 150B‑40;
Eff. February 1, 1976;
Readopted Eff. September 29, 1977;
Amended Eff. August 1, 2000; August 1, 1998; April 1,
1989; December 1, 1984; January 1, 1982.
21 NCAC 56 .1410 DISCOVERY
History Note: Authority G.S. 89C‑10; 89C‑21;
89C‑22; 150A‑28;
Eff. February 1, 1976;
Readopted Eff. September 29, 1977;
Repealed Eff. April 1, 1989.
21 NCAC 56 .1411 DEPOSITIONS
Depositions shall be taken in accordance with the North
Carolina Rules of Civil Procedure.
History Note: Authority G.S. 89C‑10; 89C‑21;
89C‑22; 150B‑39(a);
Eff. February 1, 1976;
Readopted Eff. September 29, 1977;
Amended Eff. August 1, 1998.
21 NCAC 56 .1412 CONDUCT OF HEARING
History Note: Authority G.S. 89C‑10; 89C‑21;
89C‑22; 150A‑25;
Eff. February 1, 1976;
Readopted Eff. September 29, 1977;
Amended Eff. January 1, 1982;
Repealed Eff. April 1, 1989.
21 NCAC 56 .1413 DECISION OF BOARD
(a) Manner and Time of Rendering Decision. After a hearing
has been completed the Board shall proceed to consider the case and as soon as
practicable shall render their decision. The decision must be rendered within
90 days after the hearing.
(b) Service of Written Decision. The Board shall serve
upon each party a written copy of the decision, either personally or by
certified mail. If the decision is sent by certified mail it shall be deemed
to have been served on the date borne on the return receipt.
(c) Final Decision. The final decision of the Board shall
be in the manner and form prescribed by G.S. 150B-42(a).
(d) Official Record. The official record shall be prepared
in all contested cases in accordance with the requirements of G.S. 150B-42(b).
History Note: Authority G.S. 89C-10; 89C-21; 89C-22;
150B-42;
Eff. February 1, 1976;
Readopted Eff. September 29, 1977;
Amended Eff. May 1, 2009; April 1, 1989; January 1, 1982.
SECTION .1500 ‑ FEES
21 NCAC 56 .1501 GENERAL
Fees for returned checks shall be in the maximum amount
established by G.S. 25-3-506.
History Note: Authority G.S. 89C‑14; 89C‑17;
89C‑18;
Eff. May 1, 1989;
Amended Eff. August 1, 2000.
section .1600 – standards of practice for land surveying in north carolina
21 NCAC 56 .1601 GENERAL
In order to better serve the general public in regulating
the practice of land surveying in North Carolina, the minimum standards of
practice set forth in this Section are established, and shall be observed by
Professional Land Surveyors in the practice of land surveying.
History Note: Authority G.S. 89C‑10; 89C‑20;
Eff. July 1, 1989;
Amended Eff. August 1, 2000.
21 NCAC 56 .1602 SURVEYING PROCEDURES
(a) A Professional Land Surveyor shall spend the necessary
time and effort to make investigation to determine if there are encroachments,
gaps, lappages, or other irregularities along each line surveyed. Points may
be placed on the line from closed or verified traverses and the necessary
investigations made from these points. If these investigations are not made,
then the surveyor shall not certify to an actual survey of that line and the
plat shall contain the appropriate qualifications in accordance with the rules
in this Section.
(b) Any and all visible or determined encroachments or
easements on the property being surveyed shall be accurately located and
indicated.
(c) With respect to investigation of property boundaries
and recorded easements, the surveyor shall examine the most recent deeds and
recorded plats adjacent to the subject property as well as all deeds and plats
recorded after the date of the deed or plat upon which the survey is being
based (the survey reference deed or plat).
(d) Except as provided in Paragraph (e) of the Rule, metal
stakes or materials of comparable permanence shall be placed at all corners.
(e) Where a corner falls in a right-of-way, tree, stream,
or on a fence post, boulder, stone, or similar object, one or more monuments or
metal stakes shall be placed in the boundary so that the inaccessible point may
be located accurately on the ground and the map.
(f) The results of a survey shall be reported to the user
of that survey as a map or report of survey and, whether in written or graphic
form, shall be prepared in a clear and factual manner. All reference sources
shall be identified. Artificial monuments called for in such reports shall be
described as found or set. When no monument is found or set for points
described in Paragraph (e) of this Rule, that fact shall be noted.
(g) Tie lines defined. Where the results of a survey are
reported in the form of a plat or a written description, one or more corners
shall, by a system of azimuths or courses and distances, be accurately tied to
and coordinated with a horizontal control monument of some United States or
State Agency survey system, such as the North Carolina Geodetic Survey, where
such monument is within 2000 feet of the subject property, right-of-way,
easement or other surveyed entity. Where the North Carolina grid system
coordinates of said monument are on file in the Department of Public Safety, Emergency
Management, Geodetic Survey office, the coordinates of both the referenced
corner or point and the monument(s) shall be shown in X (easting) and Y
(northing) coordinates on the plat or in the written description or document.
The coordinates shall be identified as based on "NAD 83," indicating
North American Datum of 1983 or as "NAD 27," indicating North
American Datum of 1927. The datums of the National Geodetic Survey (NGS) are
incorporated by reference including subsequent amendments and editions, and may
be accessed free of charge at www.ngs.noaa.gov. The tie lines to the monuments shall be
sufficient to establish true north or grid north bearings for the plat or
description if the monuments exist in pairs. Control monuments within a
previously recorded subdivision may be used in lieu of grid control. In the
interest of bearing consistency with previously recorded plats, existing
bearing control may be used where practical. In the absence of grid control, other
natural or artificial monuments or landmarks shall be used. In all cases, the
tie lines shall be sufficient to accurately reproduce the subject lands from
the control or reference points used.
(h) Area is to be computed by double meridian distance or equally
accurate method and shown on the face of the plat, written description, or
other document. Area computations by estimation, by planimeter, by scale, or
by copying from another source are not acceptable methods, except in the case
of tracts containing inaccessible areas and in these areas the method of
computation shall be stated.
History Note: Authority G.S. 89C-10; 89C-20;
Eff. July 1, 1989;
Amended Eff. August 1, 2014; August 1, 2012 (see S.L.
2012-143, s.1.(f)); September 1, 2011; May 1, 2009; August 1, 2000; August 1,
1998; February 1, 1996.
21 NCAC 56 .1603 CLASSIFICATION OF BOUNDARY SURVEYS
General. "Boundary surveys" are defined as
surveys made to establish or to retrace a boundary line on the ground, or to
obtain data for constructing a map, plat, or report showing a boundary line.
For the purpose of this Rule, the term refers to all surveys, including
"loan" or "physical" surveys, that involve the
determination or depiction of property lines. For the purpose of specifying
minimum allowable surveying standards for boundary surveys, the following four
general classifications of lands in North Carolina are established from the
standpoint of their real value, tax value, or location. Each map shall contain
a statement of the calculated ratio of precision before adjustments or a
statement of positional accuracy.
(1) Local Control Network Surveys (Class AA). Local
control network surveys are traverse networks utilizing permanent points for
the purpose of establishing local horizontal control networks for future use by
local surveyors. For Class AA boundary surveys in North Carolina, the angular
error of closure shall not exceed ten seconds times the square root of the
number of angles turned. The ratio of precision shall not exceed an error of
closure of one foot per 20,000 feet of perimeter of the parcel of land
(1:20,000). When using positional accuracy standards for Class AA control and
boundary surveys, neither axis of the 95 percent confidence level error ellipse
for any control point or property corner shall exceed 0.05 feet or 0.015 meters
measured relative to the position(s) of the horizontal control points used and
referenced on the survey.
(2) Urban Land Surveys (Class A). Urban surveys
include lands that normally lie within a town or city. For Class A boundary
surveys in North Carolina, the angular error of closure shall not exceed 20
seconds times the square root of the number of angles turned. The ratio of
precision shall not exceed an error of closure of one foot per 10,000 feet of
perimeter of the parcel of land (1:10,000). When using positional accuracy
standards for Class A control and boundary surveys, neither axis of the 95
percent confidence level error ellipse for any control point or property corner
shall exceed 0.10 feet or 0.030 meters measured relative to the position(s) of
the horizontal control points used and referenced on the survey.
(3) Suburban Land Surveys (Class B). Suburban surveys
include lands in or surrounding the urban properties of a town or city. For
Class B boundary surveys in North Carolina, the angular error of closure shall
not exceed 25 seconds times the square root of the number of angles turned.
The ratio of precision shall not exceed an error of closure of one foot per
7,500 feet of perimeter of the parcel of land (1:7,500). When using positional
accuracy standards for Class B control and boundary surveys, neither axis of
the 95 percent confidence level error ellipse for any control point or property
corner shall exceed 0.12 feet or 0.037 meters measured relative to the
position(s) of the horizontal control points used and referenced on the survey.
(4) Rural and Farmland Surveys (Class C). Rural and
farmland surveys include lands located in rural areas of North Carolina and
generally outside the suburban properties. For Class C boundary surveys in North Carolina, the angular error of closure shall not exceed 30 seconds times the square
root of the number of angles turned. The ratio of precision shall not exceed
an error of closure of one foot per 5,000 feet of perimeter of the parcel of
land (1:5,000). When using positional accuracy standards for Class C control
and boundary surveys, neither axis of the 95 percent confidence level error
ellipse for any control point or property corner shall exceed 0.15 feet or
0.046 meters measured relative to the position(s) of the horizontal control
points used and referenced on the survey.
History Note: Authority G.S. 89C‑10; 89C‑20;
Eff. July 1, 1989;
Amended Eff. August 1, 2014; May 1, 2009; August 1, 2000;
August 1, 1998; November 2, 1992; January 1, 1992.
21 NCAC 56 .1604 MAPPING REQUIREMENTS FOR BOUNDARY
SURVEYS
(a) The size of a map shall be such that all details are
legible on a copy.
(b) Any lines that are not actually surveyed shall be
indicated on the map and a statement included revealing the source of
information from which the line is derived.
(c) All surveys based on the North Carolina grid system
shall contain a statement identifying the coordinate system referenced datum
used.
(d) All plats (maps), unless marked as "Preliminary
Plat ‑ Not for recordation, conveyances, or sales" shall be sealed,
signed and dated by the Professional Land Surveyor and shall contain the
following:
(1) An accurately positioned north arrow coordinated
with any bearings shown on the plat. Indication shall be made as to whether
the north index is true, magnetic, North Carolina grid ('NAD 83' and
realization (date of adjustment of coordinate system) or 'NAD27'), or is
referenced to old deed or plat bearings. If the north index is magnetic or
referenced to old deed or plat bearings, the date and the source (if
determined) shall be indicated.
(2) The azimuth or courses and distances of
every property line surveyed shall be shown. Distances shall be in feet or
meters and decimals thereof. The number of decimal places shall be appropriate
to the class of survey required in Rule .1603 of this Section.
(3) All plat lines shall be horizontal or grid
measurements. All lines shown on the plat shall be correctly plotted to the
scale shown. Enlargements of portions of a plat are acceptable in the interest
of clarity, where shown as inserts. Where the North Carolina grid system is
used, the combined grid factor shall be shown on the face of the plat. If grid
distances are used, they shall be shown on the plat.
(4) Where a boundary is formed by a curved
line, the following data must be given: actual survey data, or as a series of
subchords with bearings and distances around the curve. If standard curve data
is used, the bearing and distance of the long chord (from point of curvature to
point of tangency) must be shown on the face of the plat.
(5) Where a subdivision of land is set out on
the plat, all streets and lots shall be accurately plotted with dimension lines
indicating widths and all other information pertinent to retracing all lines in
the field. This shall include bearings and distances sufficient to form a
continuous closure of the entire perimeter.
(6) Where control corners have been established
in compliance with G.S. 39-32.1, 39-32.2, 39-32.3, and 39‑32.4, as
amended, the location and information as required in the referenced statute
shall be shown on the plat. All other corners that are marked by monument or
natural object shall be so identified on all plats, and where practical, all
corners of adjacent owners along the boundary lines of the subject tract that
are marked by monument or natural object shall be shown.
(7) The surveyor shall show one of the
following where they could be determined:
(A) The names of adjacent land owners;
(B) The lot, block, parcel and subdivision designations;
or
(C) Other legal reference where applicable.
(8) All visible and apparent rights-of-way,
easements, watercourses, utilities, roadways, and other such improvements shall
be accurately located where crossing or forming any boundary line of the
property shown.
(9) Tie lines as required and defined in Rule
.1602(g) of this Section shall be accurately shown on the face of the plat,
whether or not the plat is to be recorded.
(10) A vicinity map (location map) shall appear
on the face of the plat.
(11) Each map shall contain:
(A) the property designation;
(B) the name of owner or prospective owner;
(C) the location (including township, county, and
state);
(D) the date or dates the survey was conducted;
(E) a scale of the drawing listed in words or figures;
(F) a bargraph;
(G) the title source; and
(H) a legend depicting nomenclature or symbols not
otherwise labeled.
(12) Any map not certified for recording under G.S.
47-30, and all reports of survey, shall contain this certificate signed by the
Professional Land Surveyor in substantially the following form:
"I certify that
this map was drawn under my supervision from an actual survey made under my
supervision (deed description recorded in Book ______, page ______ or other
reference source ____________________); that the boundaries not surveyed are
indicated as drawn from information in Book ______, page ______ or other
reference source ____________________; that the ratio of precision or
positional accuracy is ___________________; and that this map meets the
requirements of The Standards of Practice for Land Surveying in North Carolina
(21 NCAC 56. 1600)."
This ______ day of _______________, 2_____.
Seal __________________________________________
Professional Land
Surveyor
History Note: Authority G.S. 89C‑10; 89C-16; 89C‑20;
Eff. July 1, 1989;
Amended Eff. August 1, 2014; May 1, 2009; August 1, 2000;
August 1, 1998; February 1, 1996; November 2, 1992; January 1, 1992.
21 NCAC 56 .1605 CLASSIFICATION OF VERTICAL CONTROL
SURVEYS
(a) General. Vertical control surveys are defined as
measurements taken by surveying methods (differential leveling, trigonometric
leveling, and global positioning surveys) to determine elevation with respect
to vertical datum, usually National Geodetic Vertical Datum of 1929 (NGVD29) or
North American Vertical Datum of 1988 (NAVD88). Global Position Surveys shall
only be used to obtain Class C surveys. For the purpose of specifying minimum
allowable surveying standards, the following three general classifications of
vertical control surveys are established.
(1) For Class A vertical control surveys in
North Carolina, the vertical error in feet shall not exceed 0.10 times the
square root of the number of miles run from the reference datum.
(2) For Class B vertical control surveys in
North Carolina, the vertical error in feet shall not exceed 0.20 times the
square root of the number of miles run from the reference datum.
(3) For Class C vertical control surveys in
North Carolina, the vertical error in feet shall not exceed 0.30 times the
square root of the number of miles run from the reference datum. The vertical
error in global position surveys shall not exceed five centimeters relative to
the referenced benchmark(s) at the 95 percent confidence level (2 sigma)
accuracy as defined in Federal Geographic Data Committee Standards.
(b) A certificate, substantially in the following form,
shall be affixed to all maps or reports:
" I, ______________________, certify that this vertical
control survey was completed to the Class ___ standard [(21 NCAC 56.1605(a)]
under my direct and responsible charge from an actual survey made under my supervision."
History Note: Authority G.S. 89C‑10; 89C‑20;
Eff. November 2, 1992;
Amended Eff. August 1, 2011; August 1, 2002; August 1,
2000.
21 NCAC 56 .1606 SPECIFICATIONS FOR TOPOGRAPHIC AND
PLANIMETRIC MAPPING, INCLUDING GROUND, AIRBORNE, AND SPACEBORNE SURVEYS
(a) General.
(1) "Topographic surveys" are defined
as surveys that have as their major purpose the determination of the
configuration (relief) of the earth (ground) and the location of natural or
artificial objects thereon.
(2) "Planimetric mapping" is defined
as producing a map that presents the horizontal positions only for the features
represented. This is distinguished from a topographic map by the omission of
relief in measurable form.
(3) "Airborne and spaceborne surveys"
are defined as the use of photogrammetry, LIDAR, IFSAR, or other similar
measurement technologies for obtaining reliable information about physical
objects and the environment, including terrain surface, through the process of
recording, measuring, and interpreting images and patterns of electromagnetic
radiant energy and other phenomena. This Rule establishes minimum allowable
photogrammetric production procedures and standards for photogrammetric mapping
and digital data production.
(b) Production procedures for topographic and planimetric
mapping surveys shall be in accordance with the standards established by Part 3
of the Federal Geographic Data Committee (FGDC) Geospatial Positioning Accuracy
Standard and applicable extensions and revisions. These standards are
incorporated by reference including subsequent amendments and editions. The
material is available from the FGDC at www.fgdc.gov at no cost. Reporting accuracy shall be in
accordance with Part 1 of the FGDC geospatial standards.
(c) Topographic or planimetric maps, orthophotos, and related
electronic data, unless marked as "Preliminary Map," shall meet one
of the below classes, as contractually specified to FGDC Standards, or National
Agriculture Imagery Program of the US Department of Agriculture (NAIP)
Standards, or to State adopted base mapping standards for horizontal and
vertical accuracies. The NAIP imagery standards are incorporated by reference
including subsequent amendments and editions and may be accessed free of charge
at http://www.fsa.usda.gov/Internet/FSA_File/naip_info_sheet_2013.pdf. In the
absence of a specified standard, the surveyor shall conform the survey to the
requirements for a Class B survey.
(1) For horizontal accuracy, the five general
classifications are:
(A) Class AA surveys. For Class AA surveys in North Carolina,
the relative accuracy shall be equal to or no less than 0.033 meter (0.10
feet);
(B) Class A surveys. For Class A surveys in North
Carolina, the relative accuracy shall be equal to or less than 0.5 meter (1.64
feet);
(C) Class B surveys. For Class B surveys in North
Carolina, the relative accuracy shall be equal to or less than 1.0 meter (3.28
feet);
(D) Class C surveys. For Class C surveys in North
Carolina, the relative accuracy shall be equal to or less than 2 meters (6.56
feet); and
(E) Class D surveys. For Class D surveys in North
Carolina, the relative accuracy shall be equal to or less than 5 meters (16.40
feet).
(2) For vertical accuracy, the three general
classifications are:
(A) Urban and suburban vertical control surveys (Class
A). Urban and suburban vertical control surveys include lands that lie within
or adjoin a town or city. For Class A vertical control surveys in North
Carolina, the vertical error in feet shall not exceed 0.10 times the square
root of the number of miles run from the reference datum.
(B) Other vertical control surveys (Class B). Other
vertical control surveys include all lands which are not covered by Class A as
described in Part (A) of this Subparagraph. For Class B vertical control
surveys in North Carolina, the vertical error in feet shall not exceed 0.20
times the square root of the number of miles run from the reference datum.
(C) Trigonometric vertical control surveys (Class C).
Trigonometric vertical control surveys shall be used for vertical control for
aerial and topographic mapping. The vertical error in feet shall not exceed
0.3 times the square root of the number of miles run from the reference datum.
(d) When the resulting product is a digital (electronic)
data set, or a map or document that consists of more than one sheet or
otherwise cannot be certified, a project report shall be certified. The report
shall be marked "Preliminary" if applicable.
(e) Ground control for topographic and planimetric mapping
projects shall be in North Carolina State Plane Coordinate System grid
coordinates and distances when the project is tied to grid. A minimum of one
permanent project vertical control point shall be shown.
(f) The project map or report shall contain the following
information:
(1) Date of original data acquisition;
(2) Altitude of sensor and sensor focal length,
as applicable;
(3) Date of document or data set compilation;
(4) If hard copy product is produced, the maps
shall contain a north arrow, map legend, final document scale, including bargraph,
and contour interval, as applicable;
(5) Coordinate system for horizontal and
vertical denoting SI or English units (i.e., NAD83, assumed, or other
coordinate system);
(6) A list or note showing the control points
used for the project. The minimum data shown for each point shall include:
physical attributes (e.g. iron rod, railroad spike), latitude and longitude (or
X and Y Grid coordinates), and elevation, as applicable;
(7) If other data is included, the source and
accuracy of those items shall be indicated;
(8) For topographic maps or data sets, contours
in areas obscured by man-made or natural features shall be uniquely identified
or enclosed by a polygon identifying the obscured area. The accuracies of the
contours or of features in this obscured area shall be noted "No reliance
is to be placed on the accuracy of these contours;"
(9) A vicinity map depicting the project
location on the first sheet of all hard copy maps or in the report accompanying
digital files; and
(10) The name of the client for whom the project
was conducted.
(g) Nothing in this Rule shall be construed to negate or
replace the relative accuracy standards found in Rules .1601 through .1608 of
this Section.
(h) A certificate, substantially in the following form,
shall be affixed to all maps or reports:
" I, ______________________, certify that this project
was completed under my direct and responsible charge from an actual survey
made under my supervision; that this_______________ (insert as appropriate:
ground, airborne or spaceborne) survey was performed at the ___ percent
confidence level to meet Federal Geographic Data Committee Standards; that
this survey was performed to meet the requirements for a
topographic/planimetric survey to the accuracy of Class ____ and vertical
accuracy when applicable to the Class ___ standard, and that the original data
was obtained on _____(date)__________; that the survey was completed on
___(date)_______; that contours shown as [broken lines] may not meet the stated
standard; and all coordinates are based on____________________________ 'NAD 83'
and realization (date of adjustment of coordinate system) or 'NAD 27' and all
elevations are based on ________________ (NGVD 29, NAVD 88, or other)."
(i) Documents transmitted electronically shall have the
computer-generated seal removed from the original file and a copy of the
project report shall be certified and sent to the client. The electronic data
shall have the following inserted in lieu of the signature and date:
"This document originally issued and sealed by (name of
sealer), (license number), on (date of sealing). This electronic media shall
not be considered a certified document. See the project report for certificate
and seal."
History Note: Authority G.S. 89C-10; 89C-16; 89C-20;
Eff. November 2, 1992;
Amended Eff. August 1, 2014; August 1, 2011; May 1, 2009;
August 1, 2002; August 1, 2000.
21 NCAC 56 .1607 GLOBAL POSITIONING SYSTEMS SURVEYS
(a) General. Global Positioning Systems (GPS) are defined
as the navigation and positioning systems that comprise the Global Navigation
Satellite System (GNSS), which includes NAVSTAR, GLONASS, GALILEO, COMPASS, and
any other satellite-based navigation and positioning systems.
(b) The Professional Land Surveyor in responsible charge of
the GPS survey shall certify all prepared documents. When a map or document
consists of more than one sheet, only one sheet must contain the certificate
and all others must be certified. The certificate or metadata notes shall
contain the following information:
(1) Class of GPS survey as defined in the
Standards of Practice (or list the sections);
(2) Type of GPS field procedure, such as
Static, Kinematic, Pseudo-Kinematic, Real-time Kinematic, Real-time Kinematic
networks, and Online Position User Service;
(3) Positional accuracy;
(4) Dates of survey;
(5) What datum and epoch coordinates or
geographic positions are based on;
(6) Designation of fixed-control stations and
their positional data;
(7) Geoid model used;
(8) Combined grid factor(s); and
(9) Units.
The certificate shall be substantially in the following
form:
"I, ____________________, certify that this map was
drawn under my supervision from an actual GPS survey made under my supervision
and the following information was used to perform the survey:
(1) Class of survey: _____________________________________________________
(2) Positional accuracy:
_________________________________________________
(3) Type of GPS field procedure:
__________________________________________
(4) Dates of survey:
____________________________________________________
(5) Datum/Epoch:
______________________________________________________
(6) Published/Fixed-control use:
___________________________________________
(7) Geoid model:
______________________________________________________
(8) Combined grid factor(s):
______________________________________________
(9) Units:
___________________________________________________________"
(c) GPS surveys performed to provide control networks shall
be performed in such a manner that a 95 percent confidence level of the
positional accuracy of each point relative to the published positions of the
control points used and shall meet the accuracy standards of a Class AA survey
as set out in Rule .1603.
(d) GPS surveys performed to provide local horizontal or
vertical Grid control on a parcel of land where the boundary or topography of
that parcel will be shown relative to NC Grid horizontal or vertical datum
shall be performed using techniques that will provide the standards of accuracy
for the class of survey being performed while determining the horizontal or
vertical positions of objects as set out in Rule .1603 or Rule .1606 as
applicable.
(e) Fixed station(s) used for the project shall appear on
the map, plat, or report. The minimum data shown for each fixed station shall
be station name, horizontal position (northing and easting) or latitude,
longitude, elevation (ellipsoid or orthometric), and datum and epoch.
History Note: Authority G.S. 89C‑10; 89C‑20;
Eff. November 2, 1992;
Amended Eff. August 1, 2011; May 1, 2009; August 1, 2002;
August 1, 2000.
21 NCAC 56 .1608 CLASSIFICATION/LAND INFORMATION
SYSTEM/GEOGRAPHIC INFORMATION SYSTEM SURVEYS
(a) General: "Land Information System/Geographic
Information System (LIS/GIS)" surveys are defined as the measurement of
existing surface and subsurface features for the purpose of determining their
accurate geospatial location for inclusion in an LIS/GIS database. All LIS/GIS
surveys as they relate to property lines, rights-of-way, easements,
subdivisions of land, the position for any survey monument or reference point,
the determination of the configuration or contour of the earth's surface or the
position of fixed objects thereon, and geodetic surveying that includes
surveying for determination of the size and shape of the earth both
horizontally and vertically and the precise positioning of points on the earth
utilizing angular and linear measurements through spatially oriented spherical
geometry, shall be performed by a Land Surveyor who is a licensee of this Board
unless exempt by G.S. 89C-25. For the purpose of specifying minimum allowable
surveying standards, five general classifications of LIS/GIS surveys are
established, any of which may be specified by the client. In the absence of a
specified standard, the surveyor shall conform the survey to the requirements
for a Class B survey.
(1) For horizontal accuracy, the five general
classifications are:
(A) Class AA LIS/GIS Surveys. For Class AA LIS/GIS
surveys in North Carolina, the relative accuracy shall be equal to or no less
than 0.033 meter (0.10 feet);
(B) Class A LIS/GIS surveys. For Class A LIS/GIS
surveys in North Carolina, the relative accuracy shall be equal to or less than
0.5 meter (1.64 feet);
(C) Class B LIS/GIS surveys. For Class B LIS/GIS
surveys in North Carolina, the relative accuracy shall be equal to or less than
1.0 meter (3.28 feet);
(D) Class C LIS/GIS surveys. For Class C LIS/GIS
surveys in North Carolina, the relative accuracy shall be equal to or less than
2 meters (6.56 feet); and
(E) Class D LIS/GIS surveys. For Class D LIS/GIS
surveys in North Carolina, the relative accuracy shall be equal to or less than
5 meters (16.40 feet).
(2) For vertical accuracy, the three general
classifications are:
(A) Urban and suburban vertical control surveys (Class
A). Urban and suburban vertical control surveys include lands that lie within
or adjoin a town or city. For Class A vertical control surveys in North
Carolina, the vertical error in feet shall not exceed 0.10 times the square
root of the number of miles run from the reference datum.
(B) Other vertical control surveys (Class B). Other
vertical control surveys include all lands which are not covered by Class A as
described in Part (A) of this Subparagraph. For Class B vertical control
surveys in North Carolina, the vertical error in feet shall not exceed 0.20
times the square root of the number of miles run from the reference datum.
(C) Trigonometric vertical control surveys (Class C).
Trigonometric vertical control surveys shall be used for vertical control for
aerial and topographic mapping. The vertical error in feet shall not exceed
0.3 times the square root of the number of miles run from the reference datum.
The vertical error in Global Navigation Satellite System (GNSS) surveys shall
not exceed five centimeters relative to the referenced benchmark(s) at the 95
percent confidence level (2 sigma) accuracy as defined in Federal Geographic
Data Committee Standards.
(b) Nothing in this Rule negates or replaces the relative
accuracy standards found in Rules .1601 through .1607 of this Section.
(c) The Professional Land Surveyor in responsible charge of
the LIS/GIS boundary or geodetic control survey shall certify all of the
following in either written or digital form:
(1) Class of LIS/GIS survey. The method of
measurement used to evaluate the accuracy shall be described as either
statistical testing or least squares adjustment results, comparison with values
of higher accuracy, and repeat measurements. The reporting standard in the
horizontal component is the radius of a circle of uncertainty, such that the
true or theoretical location of the point falls within that circle 95 percent
of the time;
(2) Method of measurement (i.e. global
navigation satellite systems, electronic scanners, theodolite and electronic
distance meter, transit and tape);
(3) Date(s) of the survey; and
(4) Datum used for the survey.
(d) A certificate, substantially in the following form,
shall be affixed to all maps or reports:
"I, ______________________, certify that this project
was completed under my direct and responsible charge from an actual survey made
under my supervision; that this survey was performed to meet the requirements
for an LIS/GIS survey [21 NCAC 56.1608] to the accuracy of Class ____ and
vertical accuracy; when applicable to the Class ___ standard method used to
evaluate the accuracy was _______________; method of measurement
______________; date(s) of survey ___________; datum used for survey
__________; and all coordinates are based on ______________ ['NAD 83' and
realization (date of adjustment of coordinate system) or 'NAD 27'] and all
elevations are based on ________________ (NGVD 29, NAVD 88, or other)."
History Note: Authority G.S. 89C-10; 89C-20;
Eff. February 1, 1996;
Amended Eff. August 1, 2014; August 1, 2011; July 1,
2009; May 1, 2009; August 1, 2002; August 1, 2000.
21 NCAC 56 .1609 MINIMUM PHOTOGRAMMETRIC PRODUCTION
STANDARDS
History Note: Authority G.S. 89C-10; 89C-20;
Eff. August 1, 2000;
Repealed Eff. August 1, 2002.
SECTION .1700 – CONTINUING PROFESSIONAL COMPETENCY
21 NCAC 56 .1701 INTRODUCTION
Every licensee shall meet the continuing professional
competency requirements of this Section for professional development as a
condition for licensure renewal.
History Note: Authority G.S. 89C-10(a); 89C-17;
Eff. December 1, 1994;
Amended Eff. August 1, 2000.
21 NCAC 56 .1702 DEFINITIONS
Terms used in this Section are defined as follows:
(1) Professional Development Hour (PDH) - A contact
hour (nominal) of instruction or presentation. The common denominator for
other units of credit.
(2) Continuing Education Unit (CEU) - Unit of credit
customarily used for continuing education courses. One continuing education
unit equals 10 contact hours of instruction or presentation.
(3) College/Unit Semester/Quarter Hour - Credit for
Accreditation Board for Engineering and Technology approved course or other
related college course.
(4) Course/Activity - Any course or activity with a
purpose and objective which will maintain, improve, or expand the skills and
knowledge relevant to the licensee's field of practice.
(5) Dual Licensee - A person who is licensed as both an
engineer and a land surveyor.
(6) Sponsor - Organization or individual that has
supplied information on a form prescribed and furnished by the Board with
respect to the organization or individual's ability to provide instruction in
"for credit" courses. Courses offered by those designated as
"Sponsor" must contain a purpose and objective, and result in the
maintenance, improvement, or expansion of skills and knowledge relevant to a
licensee's field of practice.
History Note: Authority G.S. 89C-10(a); 89C-17;
Eff. December 1, 1994;
Amended Eff. May 1, 2009; August 1, 2000.
21 NCAC 56 .1703 REQUIREMENTS
Every licensee shall obtain 15 PDH units during the renewal
period. If a licensee exceeds the annual requirement in any renewal period, a
maximum of 15 PDH units may be carried forward into the subsequent renewal
period. Selection of courses and activities that meet the requirements of Rule
.1702(4) of this Section is the responsibility of the licensee. Licensees may
select courses other than those offered by sponsors. Post evaluation of the
courses may result in non-acceptance by the Board. PDH units may be earned as
follows:
(1) Completion of college courses;
(2) Completion of continuing education courses,
seminars, or workshops;
(3) Completion of correspondence,
televised, Internet, videotaped, audiotaped, and other courses or
tutorials, provided an exam is required for completion. No exam is required
for attendance at a webinar presentation if attendance is documented;
(4) Presenting or attending seminars, in-house courses,
workshops, or professional or technical presentations made at meetings,
conventions or conferences;
(5) Teaching or instructing in Items (1) through (4) of
this Rule;
(6) Authoring published papers, articles, or books;
(7) Active participation in professional or technical
societies as defined in Rule .1705(f) of this Section;
(8) Patents;
(9) Authoring exam questions accepted for use in the
engineering or land surveying exams; or
(10) Active participation on boards, commissions, committees
or councils of private, local, state or federal government entities as defined
in Rule .1705(g) of this Section.
History Note: Authority G.S. 89C-10(a); 89C-17;
Eff. December 1, 1994;
Amended Eff. August 1, 2014; August 1, 2011; May 1, 2009;
August 1, 2000; August 1, 1998.
21 NCAC 56 .1704 UNITS
The conversion of units of credit set forth in Rule .1703 of
this Section to PDH units is as follows:
(1) 1 College or unit semester hour.
45 PDH
(2) 1 College or unit quarter hour.
30 PDH
(3) 1 Continuing Education Unit.
10 PDH
(4) 1 Contact hour of professional development in
course work, seminars, or professional or technical presentations made at
meetings, conventions or conferences, and for correspondence, televised,
Internet, videotaped, audiotaped, and other courses or tutorials. Contact
hours equal the actual time of instruction and shall be credited to the nearest
one-third of an hour. 1 PDH
(5) For teaching in Items (1) – (4) of this Rule, PDH
credits are doubled. Teaching credit is valid for teaching a course or seminar
for the first time only. Teaching credit does not apply to full-time faculty,
as defined by the institution where a licensee is teaching.
(6) Each published paper, article or book.
10 PDH
(7) Active participation in professional and technical
society. (Each society) 2 PDH
(8) Each patent.
10 PDH
(9) Each question used.
2 PDH
(10) Active participation on boards, commissions, committees
or councils
of private, local, state
or federal government entities. (Each entity) 2 PDH
History Note: Authority G.S. 89C-10(a); 89C-17;
Eff. December 1, 1994;
Amended Eff. August 1, 2014; May 1, 2009; August 1, 2000;
August 1, 1998.
21 NCAC 56 .1705 DETERMINATION OF CREDIT
(a) The Board of Examiners has final authority with respect
to approval of courses, sponsors, credit, PDH value for courses, and other
methods of earning credit. Such determination shall meet Rule .1702(4) of this
Section.
(b) Credit for college or community college courses shall
be based upon course credit established by the college.
(c) Credit for continuing education courses, seminars and workshops
shall be based on one PDH unit for each hour of attendance. Attendance at
programs presented at professional and technical society meetings shall earn
PDH units for the actual time of each program.
(d) Credit for correspondence, televised, Internet,
videotaped, audiotaped, and other courses or tutorials, provided an exam is
required for completion, shall be based upon one PDH unit for each hour
assigned to the course, provided such hours are a reasonably estimated time for
an average professional to complete the course.
(e) Credit determination for published papers, articles and
books and obtaining patents is the responsibility of the licensee.
(f) Credit for active participation in professional and
technical societies (limited to 2 PDH per society), requires that a licensee
serve as an officer or participate in a committee of the society. PDH credits
are not earned until the end of each year of service is completed.
(g) Credit for active participation on boards, commissions,
committees or councils of private, local, state or federal government entities
(limited to 2 PDH per entity) requires utilizing engineering or land surveying
knowledge (as applicable) in the active participation. PDH credits are not
earned until the end of each year of service is completed.
History Note: Authority G.S. 89C-10(a); 89C-17;
Eff. December 1, 1994;
Amended Eff. August 1, 2014; August 1, 2011; May 1, 2009;
August 1, 2000; August 1, 1998.
21 NCAC 56 .1706 RECORDKEEPING
The licensee shall maintain the following records to be used
to support credits claimed:
(1) a log showing the type of activity claimed,
title or specific subject, sponsoring organization, location, duration, date, instructor's
or speaker's name, and PDH credits earned, and other information on a form as
prescribed by the Board; and
(2) attendance verification records in the form
of completion certificates, or other documents supporting evidence of attendance.
These records must be maintained for a period of three years
and copies may be requested by the board for audit verification purposes. The
Board shall approve other records that contain the information required by this
Rule.
History Note: Authority G.S. 89C-10(a); 89C-17;
Eff. December 1, 1994;
Amended Eff. May 1, 2009; August 1, 2000.
21 NCAC 56 .1707 EXEMPTIONS
A licensee is exempt from the professional development
educational requirements for the following reasons:
(1) New licensees by way of examination or comity are
exempt for their first renewal period.
(2) If currently licensed by and in good standing (license
is not suspended or revoked) with the Board a licensee who is serving in the
armed forces of the United States and who is eligible for an extension of time
to file a tax return pursuant to G.S. 105-249.2 is granted a waiver of the
mandatory continuing education requirements for the time period disregarded
pursuant to the Internal Revenue Code 26 U.S.C. 7508.
The licensee shall request the waiver as follows:
(a) The licensee shall notify the Board of
eligibility before the current license expires. Upon such notification,
the Board shall maintain the license in active status through the extension
period.
(b) If the licensee fails to notify the Board of
eligibility for the extension period before the current license expires, upon
receipt and acceptance of a renewal application within the extension period and
presentation of proof that the licensee was eligible on the date that is the
deadline for renewal, the expired license or registration shall be deemed
retroactively to have not expired.
(c) The licensee who submits a renewal
application within the extension period shall not be deemed to hold a lapsed
license subject to reinstatement fees.
(d) The licensee may renew the license within
the extension period despite failing to complete the specified continuing
education requirements.
(e) A licensee shall provide proof of
eligibility for the extension period when the licensee or registrant submits
the renewal application.
(3) The Board shall exempt a licensee if the Board
determines that the licensee is experiencing physical disability, illness, or
other extenuating circumstances that prevent the licensee from obtaining
professional development hours. Supporting documentation must be furnished to
the Board.
(4) Licensees who list their occupation as
"Inactive" on the Board approved renewal form and who are no longer
providing professional engineering or land surveying services are exempt from
the professional development hours required. In the event such a person elects
to return to active practice of professional engineering or land surveying,
professional development hours must be earned in accordance with the
requirements of Rule .1708 in this Section before returning to active practice
for each year exempted not to exceed the annual requirement for two years.
History Note: Authority G.S. 89C-10(a); 89C-17; 93B-15;
Eff. December 1, 1994;
Amended Eff. August 1, 2011; May 1, 2009; August 1, 2000;
February 1, 1996.
21 NCAC 56 .1708 REINSTATEMENT
A licensee may bring an inactive license to active status by
obtaining all delinquent PDH units. However, if the total number required to
become current exceeds 30, then 30 shall be the maximum number required. Reinstatement
of a license that was not renewed within 12 months after expiration (archived
license), in addition to a new application, requires obtaining all delinquent
PDH units as required to reinstate an inactive license.
History Note: Authority G.S. 89C-10(a); 89C-17;
Eff., December 1, 1994;
Amended Eff. August 1, 2002; August 1, 2000; February 1,
1996.
21 NCAC 56 .1709 COMITY/OUT-OF-JURISDICTION RESIDENT
Licensees who are residents of jurisdictions other than North Carolina shall meet the CPC requirements of their resident jurisdiction. If the
licensee resides in a jurisdiction that has no continuing professional
competency (CPC) requirement, or the licensee is exempt from the CPC
requirement in the licensee's resident jurisdiction, the licensee must meet the
requirements of North Carolina.
History Note: Authority G.S. 89C-10(a); 89C-17;
Eff. December 1, 1994;
Amended Eff. May 1, 2009; August 1, 2000.
21 NCAC 56 .1710 DUAL licenseEs
The number of PDH units required shall remain the same for
persons who hold a second license as engineer or land surveyor. Holders of a
second license must obtain a minimum of one-third of the total PDH requirements
in each field. The remaining one-third requirement may be obtained in either
field at the sole discretion of the licensee.
History Note: Authority G.S. 89C-10(a); 89C-17;
Eff. December 1, 1994;
Amended Eff. July 1, 2009.
21 NCAC 56 .1711 FORMS
Renewal applications may require the completion of a
continuing education form specified by the board outlining PDH credit claimed.
The licensee must supply sufficient detail on the form to permit audit
verification, must certify and sign the continuing education form, and submit
the form with the renewal application and fee.
History Note: Authority G.S. 89C-10(a); 89C-17;
Eff. December 1, 1994;
Amended Eff. July 1, 2009; August 1, 1998.
21 NCAC 56 .1712 COMPLIANCE
(a) Compliance with annual Continuing Professional
Competency (CPC) requirements shall be determined through an audit process
conducted by the Board. Determination of individuals to be audited shall be
accomplished through a random selection process or as the result of information
available to the Board. Individuals selected for auditing shall provide the
Board with the following documentation of the CPC activities claimed for the
renewal period:
(1) Attendance verification records in the form
of transcripts, completion certificates, other documents supporting evidence of
attendance, and a log as defined in Rule .1706 of the Section; and
(2) Information regarding course content,
instructors and sponsoring organization, for activities presented by other than
approved sponsors as defined in Rule .1713 of this Section.
(b) Attendance records shall be maintained by individual
licensees for a period of three years for audit verification purposes.
History Note: Authority G.S. 89C-10(a); 89C-17;
Eff. December 1, 1994;
Amended Eff. May 1, 2009; February 1, 1996.
21 NCAC 56 .1713 SPONSORS
(a) The Board shall approve sponsors of Continuing
Professional Competency (CPC) activities. The Board shall maintain a list of
sponsors which have agreed to conduct programs in accordance with the standards
of CPC activities set forth in 21 NCAC 56. 1700. Such sponsors shall indicate
their agreement with the requirements by executing a Sponsor Agreement on a
form provided by the Board. These sponsors shall be designated as
"Approved Sponsors" based upon approval by the Board of the sponsor
application and payment of a one hundred fifty dollar ($150.00) application
fee.
(b) By entering into an agreement with the Board to be
designated as an "Approved Sponsor," the sponsor shall agree to:
(1) Allow persons designated by this Board to
attend any or all courses, without fee or charge, for the purpose of
determining that said course meets the standards of the Board;
(2) Allow persons designated by this Board to
review course material for the purpose of determining that the course meets the
standards of the Board;
(3) State in every brochure, publication or
announcement concerning the course, the general content of the course and the
specific knowledge or skill to be taught or addressed, as well as the credit to
be earned in Professional Development Hours (PDH);
(4) Ensure that the instructors or presenters
of the course or program are qualified to teach the subject matter;
(5) Provide persons completing the course with
written documentation attesting to that person's attendance to the course, as
well as the name of the course, the date and location held, the instructor's
name and the number of PDHs earned;
(6) Provide attendees an evaluation form as
provided by the Board that is to be collected and retained for audit by the Board;
(7) Have a visible, continuous and identifiable
contact person who is charged with the administration of the sponsor's CPC
program and who has the responsibility for assuring and demonstrating to the
Board compliance with this Rule, as well as for any other organization working
with the sponsor for the development, distribution or presentation of CPC
courses or activities; and
(8) Retain for a period of three years a copy
of the documentation required by this Paragraph.
(c) Sponsors shall renew annually on a form provided by the
Board.
(d) Failure of an approved sponsor to comply with the terms
of the CPC sponsor agreement is grounds for the Board to revoke, suspend or
terminate the agreement, to remove the sponsor's name from the list of approved
sponsors and to notify the public of such action. A sponsor that is given
notice of revocation, suspension or termination may request an administrative
hearing to be conducted as provided in 21 NCAC 56 .1400 Contested Cases.
(e) Approval of a sponsor is equivalent to the language of
licensing a sponsor in G.S. 89C-10(h).
History Note: Authority G.S. 89C-10; 89C-17;
Eff. February 1, 1996;
Amended Eff. August 1, 2011; July 1, 2009; August 1,
2002.
