Missouri Revised Statutes
Chapter 327
Architects, Engineers, Land Surveyors and Landscape Architects
←327.011
Section 327.031.1
327.041→
August 28, 2015
Board established, membership, officers, qualifications of members--how appointed--terms--vacancy, how filled--may sue and be sued.
327.031. 1. The "Missouri Board for Architects, Professional
Engineers, Professional Land Surveyors and Professional Landscape
Architects" is hereby established and shall consist of fifteen members: a
chairperson, who may be either an architect, a professional engineer, a
professional land surveyor, or a professional landscape architect; three
architects, who shall constitute the architectural division of the board;
four professional engineers, who shall constitute its professional
engineering division; three professional land surveyors, who shall
constitute its professional land surveying division; three professional
landscape architects, who shall constitute its professional landscape
architectural division; and a voting public member.
2. After receiving his or her commission and before entering upon the
discharge of his or her official duties, each member of the board shall
take, subscribe to and file in the office of the secretary of state the
official oath required by the constitution.
3. The chairperson shall be the administrative and executive officer
of the board, and it shall be his or her duty to supervise and expedite the
work of the board and its divisions, and, at his or her election, when a
tie exists between the divisions of the board, to break the tie by
recording his or her vote for or against the action upon which the
divisions are in disagreement. Each member of the architectural division
shall have one vote when voting on an action pending before the board; each
member of the professional engineering division shall have one vote when
voting on an action pending before the board; each member of the
professional land surveying division shall have one vote when voting on an
action pending before the board; and each member of the professional
landscape architectural division shall have one vote when voting on an
action pending before the board. Every motion or proposed action upon
which the divisions of the board are tied shall be deemed lost, and the
chairperson shall so declare, unless the chairperson shall elect to break
the tie as provided in this section. Eight voting members of the board,
including at least one member of each division, shall constitute a quorum,
respectively, for the transaction of board business.
4. Each division of the board shall, at its first meeting in each
even-numbered year, elect one of its members as division chairperson for a
term of two years. Two voting members of each division of the board shall
constitute a quorum for the transaction of division business. The
chairpersons of the architectural division, professional engineering
division, professional land surveying division, and professional landscape
architectural division so elected shall be vice chairpersons of the board,
and when the chairperson of the board is an architect, the chairperson of
the architectural division shall be the ranking vice chairperson, and when
the chairperson of the board is a professional engineer, the chairperson of
the professional engineering division shall be the ranking vice
chairperson, when the chairperson of the board is a professional land
surveyor, the chairperson of the professional land surveying division shall
be the ranking vice chairperson, and when the chairperson of the board is a
professional landscape architect, the chairperson of the professional
landscape architectural division shall be the ranking vice chairperson.
The chairperson of each division shall be the administrative and executive
officer of his or her division, and it shall be his or her duty to
supervise and expedite the work of the division, and, in case of a tie vote
on any matter, the chairperson shall, at his or her election, break the tie
by his or her vote. Every motion or question pending before the division
upon which a tie exists shall be deemed lost, and so declared by the
chairperson of the division, unless the chairperson shall elect to break
such tie by his or her vote.
5. Any person appointed to the board, except a public member, shall
be a currently licensed architect, licensed professional engineer, licensed
professional land surveyor or licensed professional landscape architect in
Missouri, as the vacancy on the board may require, who has been a resident
of Missouri for at least five years, who has been engaged in active
practice as an architect, professional engineer, professional land surveyor
or professional landscape architect, as the case may be, for at least ten
consecutive years as a Missouri licensee immediately preceding such
person's appointment, and who is and has been a citizen of the United
States for at least five years immediately preceding such person's
appointment. Active service as a faculty member while holding the rank of
assistant professor or higher in an accredited school of engineering shall
be regarded as active practice of engineering, for the purposes of this
chapter. Active service as a faculty member, after meeting the
qualifications required by section 327.314, while holding the rank of
assistant professor or higher in an accredited school of engineering and
teaching land surveying courses shall be regarded as active practice of
land surveying for the purposes of this chapter. Active service as a
faculty member while holding the rank of assistant professor or higher in
an accredited school of landscape architecture shall be regarded as active
practice of landscape architecture, for the purposes of this chapter.
Active service as a faculty member while holding the rank of assistant
professor or higher in an accredited school of architecture shall be
regarded as active practice of architecture for the purposes of this
chapter; provided, however, that no faculty member of an accredited school
of architecture shall be eligible for appointment to the board unless such
person has had at least three years' experience in the active practice of
architecture other than in teaching. The public member shall be, at the
time of appointment, a citizen of the United States; a resident of this
state for a period of one year and a registered voter; a person who is not
and never was a member of any profession licensed or regulated pursuant to
this chapter or the spouse of such person; and a person who does not have
and never has had a material, financial interest in either the providing of
the professional services regulated by this chapter, or an activity or
organization directly related to any profession licensed or regulated
pursuant to this chapter. All members, including public members, shall be
chosen from lists submitted by the director of the division of professional
registration. The duties of the public member shall not include the
determination of the technical requirements to be met for licensure or
whether any person meets such technical requirements or of the technical
competence or technical judgment of a licensee or a candidate for
licensure.
6. The governor shall appoint the chairperson and the other members
of the board when a vacancy occurs either by the expiration of a term or
otherwise, and each board member shall serve until such member's successor
is appointed and has qualified. The position of chairperson shall rotate
sequentially with an architect, then professional engineer, then
professional land surveyor, then professional landscape architect, and
shall be a licensee who has previously served as a member of the board.
The appointment of the chairperson shall be for a term of four years which
shall be deemed to have begun on the date of his or her appointment and
shall end upon the appointment of the chairperson's successor. The
chairperson shall not serve more than one term. All other appointments,
except to fill an unexpired term, shall be for terms of four years; but no
person shall serve on the board for more than two consecutive four-year
terms, and each four-year term shall be deemed to have begun on the date of
the expiration of the term of the board member who is being replaced or
reappointed, as the case may be. Any appointment to the board which is
made when the senate is not in session shall be submitted to the senate for
its advice and consent at its next session following the date of the
appointment.
7. In the event that a vacancy is to occur on the board because of
the expiration of a term, then ninety days prior to the expiration, or as
soon as feasible after a vacancy otherwise occurs, the president of the
American Institute of Architects/Missouri if the vacancy to be filled
requires the appointment of an architect, the president of the Missouri
Society of Professional Engineers if the vacancy to be filled requires the
appointment of a professional engineer, the president of the Missouri
Society of Professional Surveyors if the vacancy to be filled requires the
appointment of a professional land surveyor, and the president of the
Missouri Association of Landscape Architects if the vacancy to be filled
requires the appointment of a professional landscape architect, shall
submit to the director of the division of professional registration a list
of five architects or five professional engineers, or five professional
land surveyors, or five professional landscape architects as the case may
require, qualified and willing to fill the vacancy in question, with the
recommendation that the governor appoint one of the five persons so listed;
and with the list of names so submitted, the president of the appropriate
organization shall include in a letter of transmittal a description of the
method by which the names were chosen. This subsection shall not apply to
public member vacancies.
8. The board may sue and be sued as the Missouri board for
architects, professional engineers, professional land surveyors and
professional landscape architects, and its members need not be named as
parties. Members of the board shall not be personally liable either
jointly or severally for any act or acts committed in the performance of
their official duties as board members, nor shall any board member be
personally liable for any court costs which accrue in any action by or
against the board.
(L. 1969 S.B. 117, A.L. 1981 S.B. 16, A.L. 1986 H.B. 1163, A.L. 1988
H.B. 1573, A.L. 1997 S.B. 141, A.L. 1999 H.B. 343, A.L. 2001 H.B.
567, A.L. 2010 H.B. 1692, et al. merged with H.B. 2226, et al.,
A.L. 2014 S.B. 809)
2010
2001
1999
2010
327.031. 1. The "Missouri Board for Architects, Professional
Engineers, Professional Land Surveyors and Landscape Architects" is hereby
established and shall consist of fifteen members: a chairperson, who may
be either an architect, a professional engineer, a professional land
surveyor, or a landscape architect; three architects, who shall constitute
the architectural division of the board; four professional engineers, who
shall constitute its professional engineering division; three professional
land surveyors, who shall constitute its professional land surveying
division; three landscape architects, who shall constitute its landscape
architectural division; and a voting public member.
2. After receiving his or her commission and before entering upon the
discharge of his or her official duties, each member of the board shall
take, subscribe to and file in the office of the secretary of state the
official oath required by the constitution.
3. The chairperson shall be the administrative and executive officer
of the board, and it shall be his or her duty to supervise and expedite the
work of the board and its divisions, and, at his or her election, when a
tie exists between the divisions of the board, to break the tie by
recording his or her vote for or against the action upon which the
divisions are in disagreement. Each member of the architectural division
shall have one vote when voting on an action pending before the board; each
member of the professional engineering division shall have one vote when
voting on an action pending before the board; each member of the
professional land surveying division shall have one vote when voting on an
action pending before the board; and each member of the landscape
architectural division shall have one vote when voting on an action pending
before the board. Every motion or proposed action upon which the divisions
of the board are tied shall be deemed lost, and the chairperson shall so
declare, unless the chairperson shall elect to break the tie as provided in
this section. Eight voting members of the board, including at least one
member of each division, shall constitute a quorum, respectively, for the
transaction of board business.
4. Each division of the board shall, at its first meeting in each
even-numbered year, elect one of its members as division chairperson for a
term of two years. Two voting members of each division of the board shall
constitute a quorum for the transaction of division business. The
chairpersons of the architectural division, professional engineering
division, professional land surveying division, and landscape architectural
division so elected shall be vice chairpersons of the board, and when the
chairperson of the board is an architect, the chairperson of the
architectural division shall be the ranking vice chairperson, and when the
chairperson of the board is a professional engineer, the chairperson of the
professional engineering division shall be the ranking vice chairperson,
when the chairperson of the board is a professional land surveyor, the
chairperson of the professional land surveying division shall be the
ranking vice chairperson, and when the chairperson of the board is a
landscape architect, the chairperson of the landscape architectural
division shall be the ranking vice chairperson. The chairperson of each
division shall be the administrative and executive officer of his or her
division, and it shall be his or her duty to supervise and expedite the
work of the division, and, in case of a tie vote on any matter, the
chairperson shall, at his or her election, break the tie by his or her
vote. Every motion or question pending before the division upon which a
tie exists shall be deemed lost, and so declared by the chairperson of the
division, unless the chairperson shall elect to break such tie by his or
her vote.
5. Any person appointed to the board, except a public member, shall
be a currently licensed architect, licensed professional engineer, licensed
professional land surveyor or registered or licensed landscape architect in
Missouri, as the vacancy on the board may require, who has been a resident
of Missouri for at least five years, who has been engaged in active
practice as an architect, professional engineer, professional land surveyor
or landscape architect, as the case may be, for at least ten consecutive
years immediately preceding such person's appointment and who is and has
been a citizen of the United States for at least five years immediately
preceding such person's appointment. Active service as a faculty member
while holding the rank of assistant professor or higher in an accredited
school of engineering shall be regarded as active practice of engineering,
for the purposes of this chapter. Active service as a faculty member,
after meeting the qualifications required by section 327.314, while holding
the rank of assistant professor or higher in an accredited school of
engineering and teaching land surveying courses shall be regarded as active
practice of land surveying for the purposes of this chapter. Active
service as a faculty member while holding the rank of assistant professor
or higher in an accredited school of landscape architecture shall be
regarded as active practice of landscape architecture, for the purposes of
this chapter. Active service as a faculty member while holding the rank of
assistant professor or higher in an accredited school of architecture shall
be regarded as active practice of architecture for the purposes of this
chapter; provided, however, that no faculty member of an accredited school
of architecture shall be eligible for appointment to the board unless such
person has had at least three years' experience in the active practice of
architecture other than in teaching. The public member shall be, at the
time of appointment, a citizen of the United States; a resident of this
state for a period of one year and a registered voter; a person who is not
and never was a member of any profession licensed or regulated pursuant to
this chapter or the spouse of such person; and a person who does not have
and never has had a material, financial interest in either the providing of
the professional services regulated by this chapter, or an activity or
organization directly related to any profession licensed or regulated
pursuant to this chapter. All members, including public members, shall be
chosen from lists submitted by the director of the division of professional
registration. The duties of the public member shall not include the
determination of the technical requirements to be met for licensure or
whether any person meets such technical requirements or of the technical
competence or technical judgment of a licensee or a candidate for
licensure.
6. The governor shall appoint the chairperson and the other members
of the board when a vacancy occurs either by the expiration of a term or
otherwise, and each board member shall serve until such member's successor
is appointed and has qualified. Beginning August 28, 2010, the position of
chairperson shall rotate sequentially with an architect, then professional
engineer, then professional land surveyor, then landscape architect, and
shall be a licensee who has previously served as a member of the board.
The appointment of the chairperson shall be for a term of four years which
shall be deemed to have begun on the date of his or her appointment and
shall end upon the appointment of the chairperson's successor. The
chairperson shall not serve more than one term. All other appointments,
except to fill an unexpired term, shall be for terms of four years; but no
person shall serve on the board for more than two consecutive four-year
terms, and each four-year term shall be deemed to have begun on the date of
the expiration of the term of the board member who is being replaced or
reappointed, as the case may be. Any appointment to the board which is
made when the senate is not in session shall be submitted to the senate for
its advice and consent at its next session following the date of the
appointment.
7. In the event that a vacancy is to occur on the board because of
the expiration of a term, then ninety days prior to the expiration, or as
soon as feasible after a vacancy otherwise occurs, the president of the
Missouri Society of Professional Engineers if the vacancy to be filled
requires the appointment of an engineer, the president of the Missouri
Society of Professional Surveyors if the vacancy to be filled requires the
appointment of a land surveyor, and the president of the Missouri
Association of Landscape Architects if the vacancy to be filled requires
the appointment of a landscape architect, shall submit to the director of
the division of professional registration a list of five architects or five
professional engineers, or five professional land surveyors, or five
landscape architects as the case may require, qualified and willing to fill
the vacancy in question, with the recommendation that the governor appoint
one of the five persons so listed; and with the list of names so submitted,
the president of the appropriate organization shall include in a letter of
transmittal a description of the method by which the names were chosen.
This subsection shall not apply to public member vacancies.
8. The board may sue and be sued as the Missouri board for
architects, professional engineers, professional land surveyors and
landscape architects, and its members need not be named as parties.
Members of the board shall not be personally liable either jointly or
severally for any act or acts committed in the performance of their
official duties as board members, nor shall any board member be personally
liable for any court costs which accrue in any action by or against the
board.
9. Upon appointment by the governor and confirmation by the senate of
the landscape architectural division, the landscape architectural council
is hereby abolished and all of its powers, duties and responsibilities are
transferred to and imposed upon the Missouri board for architects,
professional engineers, professional land surveyors and landscape
architects established pursuant to this section. Every act performed by or
under the authority of the Missouri board for architects, professional
engineers, professional land surveyors and landscape architects shall be
deemed to have the same force and effect as if performed by the landscape
architectural council pursuant to sections 327.600 to 327.635. All rules
and regulations of the landscape architectural council shall continue in
effect and shall be deemed to be duly adopted rules and regulations of the
Missouri board for architects, professional engineers, professional land
surveyors and landscape architects until such rules and regulations are
revised, amended or repealed by the board as provided by law, such action
to be taken by the board on or before January 1, 2002.
10. Upon appointment by the governor and confirmation by the senate
of the landscape architectural division, all moneys deposited in the
landscape architectural council fund created in section 327.625* shall be
transferred to the state board for architects, professional engineers,
professional land surveyors and landscape architects fund created in
section 327.081. The landscape architectural council fund shall be
abolished upon the transfer of all moneys in it to the state board for
architects, professional engineers, professional land surveyors and
landscape architects.
2001
327.031. 1. The "Missouri Board for Architects, Professional
Engineers, Professional Land Surveyors and Landscape Architects" is hereby
established and shall consist of fourteen members: a chairperson, who may
be either an architect, a professional engineer or a professional land
surveyor; three architects, who shall constitute the architectural division
of the board; three professional engineers, who shall constitute its
professional engineering division; three professional land surveyors, who
shall constitute its professional land surveying division; three landscape
architects, who shall constitute its landscape architecture division; and a
voting public member.
2. After receiving his or her commission and before entering upon the
discharge of his or her official duties, each member of the board shall
take, subscribe to and file in the office of the secretary of state the
official oath required by the constitution.
3. The chairperson shall be the administrative and executive officer
of the board, and it shall be his or her duty to supervise and expedite the
work of the board and its divisions, and, at his or her election, when a
tie exists between the divisions of the board, to break the tie by
recording his or her vote for or against the action upon which the
divisions are in disagreement. Each member of the architectural division
shall have one vote when voting on an action pending before the board; each
member of the professional engineering division shall have one vote when
voting on an action pending before the board; the chairperson of the
landscape architecture division or the chairperson's designee shall have
one vote when voting on an action pending before the board; and each member
of the professional land surveying division shall have one vote when voting
on an action pending before the board. Every motion or proposed action
upon which the divisions of the board are tied shall be deemed lost, and
the chairperson shall so declare, unless the chairperson shall elect to
break the tie as provided in this section. Seven voting members of the
board and two members of each division shall constitute a quorum,
respectively, for the transaction of business.
4. Each division of the board shall, at its first meeting in each
even-numbered year, elect one of its members as division chairperson for a
term of two years. The chairpersons of the architectural division,
professional engineering division and the professional land surveying
division so elected shall be vice chairpersons of the board, and when the
chairperson of the board is an architect, the chairperson of the
architectural division shall be the ranking vice chairperson, and when the
chairperson of the board is a professional engineer, the chairperson of the
professional engineering division shall be the ranking vice chairperson,
and when the chairperson of the board is a professional land surveyor, the
chairperson of the professional land surveying division shall be the
ranking vice chairperson. The chairperson of each division shall be the
administrative and executive officer of his or her division, and it shall
be his or her duty to supervise and expedite the work of the division, and,
in case of a tie vote on any matter, the chairperson shall, at his or her
election, break the tie by his or her vote. Every motion or question
pending before the division upon which a tie exists shall be deemed lost,
and so declared by the chairperson of the division, unless the chairperson
shall elect to break such tie by his or her vote.
5. Any person appointed to the board, except a public member, shall
be a currently licensed architect, licensed professional engineer, licensed
professional land surveyor or registered or licensed landscape architect in
Missouri, as the vacancy on the board may require, who has been a resident
of Missouri for at least five years, who has been engaged in active
practice as an architect, professional engineer, professional land surveyor
or landscape architect, as the case may be, for at least ten consecutive
years immediately preceding such person's appointment and who is and has
been a citizen of the United States for at least five years immediately
preceding such person's appointment. Active service as a faculty member
while holding the rank of assistant professor or higher in an accredited
school of engineering shall be regarded as active practice of engineering,
for the purposes of this chapter. Active service as a faculty member,
after meeting the qualifications required by section 327.314, while holding
the rank of assistant professor or higher in an accredited school of
engineering and teaching land surveying courses shall be regarded an active
practice of land surveying for the purposes of this chapter. Active
service as a faculty member while holding the rank of assistant professor
or higher in an accredited school of architecture shall be regarded as
active practice of architecture for the purposes of this chapter; provided,
however, that no faculty member of an accredited school of architecture
shall be eligible for appointment to the board unless such person has had
at least three years' experience in the active practice of architecture
other than in teaching. The public member shall be, at the time of
appointment, a citizen of the United States; a resident of this state for a
period of one year and a registered voter; a person who is not and never
was a member of any profession licensed or regulated pursuant to this
chapter or the spouse of such person; and a person who does not have and
never has had a material, financial interest in either the providing of the
professional services regulated by this chapter, or an activity or
organization directly related to any profession licensed or regulated
pursuant to this chapter. All members, including public members, shall be
chosen from lists submitted by the director of the division of professional
registration. The duties of the public member shall not include the
determination of the technical requirements to be met for licensure or
whether any person meets such technical requirements or of the technical
competence or technical judgment of a licensee or a candidate for
licensure.
6. The governor shall appoint the chairperson and the other members
of the board when a vacancy occurs either by the expiration of a term or
otherwise, and each board member shall serve until such member's successor
is appointed and has qualified. The position of chairperson shall
alternate among an architect, a professional engineer and a professional
land surveyor. All appointments, except to fill an unexpired term, shall
be for terms of four years; but no person shall serve on the board for more
than two consecutive four-year terms, and each four-year term shall be
deemed to have begun on the date of the expiration of the term of the board
member who is being replaced or reappointed, as the case may be. Any
appointment to the board which is made when the senate is not in session
shall be submitted to the senate for its advice and consent at its next
session following the date of the appointment.
7. In the event that a vacancy is to occur on the board because of
the expiration of a term, then ninety days prior to the expiration, or as
soon as feasible after a vacancy otherwise occurs, the president of the
American Institute of Architects/Missouri if the vacancy to be filled
requires the appointment of an architect, the president of the Missouri
Association of Landscape Architects if the vacancy to be filled requires
the appointment of a landscape architect, the president of the Missouri
Society of Professional Engineers if the vacancy to be filled requires the
appointment of an engineer, and the president of the Missouri Society of
Professional Surveyors if the vacancy to be filled requires the appointment
of a land surveyor, shall submit to the director of the division of
professional registration a list of five architects or five professional
engineers, five landscape architects or five professional land surveyors,
as the case may require, qualified and willing to fill the vacancy in
question, with the recommendation that the governor appoint one of the five
persons so listed; and with the list of names so submitted, the president
of the appropriate organization shall include in a letter of transmittal a
description of the method by which the names were chosen. This subsection
shall not apply to public member vacancies.
8. The board may sue and be sued as the Missouri board for
architects, professional engineers, professional land surveyors and
landscape architects, and its members need not be named as parties.
Members of the board shall not be personally liable either jointly or
severally for any act or acts committed in the performance of their
official duties as board members, nor shall any board member be personally
liable for any court costs which accrue in any action by or against the
board.
9. Upon appointment by the governor and confirmation by the senate of
the landscape architecture division, the landscape architectural council is
hereby abolished and all of its powers, duties and responsibilities are
transferred to and imposed upon the Missouri board for architects,
professional engineers, professional land surveyors and landscape
architects established pursuant to this section. Every act performed by or
under the authority of the Missouri board for architects, professional
engineers, professional land surveyors and landscape architects shall be
deemed to have the same force and effect as if performed by the landscape
architectural council pursuant to sections 327.600 to 327.635. All rules
and regulations of the landscape architectural council shall continue in
effect and shall be deemed to be duly adopted rules and regulations of the
Missouri board of architects, professional engineers, professional
landscape architects and land surveyors until such rules and regulations
are revised, amended or repealed by the board as provided by law, such
action to be taken by the board on or before January 1, 2002.
10. Upon appointment by the governor and confirmation by the senate
of the landscape architecture division, all moneys deposited in the
landscape architectural council fund created in section 327.625 shall be
transferred to the state board for architects, professional engineers,
professional land surveyors and landscape architects fund created in
section 327.081. The landscape architectural council fund shall be
abolished upon the transfer of all moneys in it to the state board of
architects, professional engineers, land surveyors and landscape
architects.
1999
327.031. 1. The "Missouri Board for Architects, Professional
Engineers, and Professional Land Surveyors" is hereby established and shall
consist of eleven members: a chairperson, who may be either an architect,
a professional engineer or a professional land surveyor; three architects,
who shall constitute the architectural division of the board; three
professional engineers, who shall constitute its professional engineering
division; three professional land surveyors, who shall constitute its
professional land surveying division; and a voting public member.
2. After receiving his or her commission and before entering upon the
discharge of his or her official duties, each member of the board shall
take, subscribe to and file in the office of the secretary of state the
official oath required by the constitution.
3. The chairperson shall be the administrative and executive officer
of the board, and it shall be his or her duty to supervise and expedite the
work of the board and its divisions, and, at his* or her election, when a
tie exists between the divisions of the board, to break the tie by
recording his* or her vote for or against the action upon which the
divisions are in disagreement. Each member of the architectural division
shall have one vote when voting on an action pending before the board; each
member of the professional engineering division shall have one vote when
voting on an action pending before the board; and each member of the
professional land surveying division shall have one vote when voting on an
action pending before the board. Every motion or proposed action upon
which the divisions of the board are tied shall be deemed lost, and the
chairperson shall so declare, unless the chairperson shall elect to break
the tie as provided in this section. Six members of the board and two
members of each division shall constitute a quorum, respectively, for the
transaction of business.
4. Each division of the board shall, at its first meeting in each
even-numbered year, elect one of its members as division chairperson for a
term of two years. The chairpersons of the architectural division and,
professional engineering division and the professional land surveying
division so elected shall be vice chairpersons of the board, and when the
chairperson of the board is an architect, the chairperson of the
architectural division shall be the ranking vice chairperson, and when the
chairperson of the board is a professional engineer, the chairperson of the
professional engineering division shall be the ranking vice chairperson,
and when the chairperson of the board is a professional land surveyor, the
chairperson of the professional land surveying division shall be the
ranking vice chairperson. The chairperson of each division shall be the
administrative and executive officer of his* or her division, and it shall
be his* or her duty to supervise and expedite the work of the division,
and, in case of a tie vote on any matter, the chairperson shall, at his* or
her election, break the tie by his* or her vote. Every motion or question
pending before the division upon which a tie exists shall be deemed lost,
and so declared by the chairperson of the division, unless the chairperson
shall elect to break such tie by his or her vote.
5. Any person appointed to the board, except a public member, shall
be a currently licensed architect, licensed professional engineer or
licensed professional land surveyor in Missouri, as the vacancy on the
board may require, who has been a resident of Missouri for at least five
years, who has been engaged in active practice as an architect,
professional engineer or professional land surveyor, as the case may be,
for at least ten consecutive years immediately preceding such person's
appointment and who is and has been a citizen of the United States for at
least five years immediately preceding such person's appointment. Active
service as a faculty member while holding the rank of assistant professor
or higher in an accredited school of engineering shall be regarded as
active practice of engineering, for the purposes of this chapter. Active
service as a faculty member, after meeting the qualifications required by
section 327.314, while holding the rank of assistant professor or higher in
an accredited school of engineering and teaching land surveying courses
shall be regarded an active practice of land surveying for the purposes of
this chapter. Active service as a faculty member while holding the rank of
assistant professor or higher in an accredited school of architecture shall
be regarded as active practice of architecture for the purposes of this
chapter; provided, however, that no faculty member of an accredited school
of architecture shall be eligible for appointment to the board unless such
person has had at least three years' experience in the active practice of
architecture other than in teaching. The public member shall be, at the
time of appointment, a citizen of the United States; a resident of this
state for a period of one year and a registered voter; a person who is not
and never was a member of any profession licensed or regulated pursuant to
this chapter or the spouse of such person; and a person who does not have
and never has had a material, financial interest in either the providing of
the professional services regulated by this chapter, or an activity or
organization directly related to any profession licensed or regulated
pursuant to this chapter. All members, including public members, shall be
chosen from lists submitted by the director of the division of professional
registration. The duties of the public member shall not include the
determination of the technical requirements to be met for licensure or
whether any person meets such technical requirements or of the technical
competence or technical judgment of a licensee or a candidate for
licensure.
6. The governor shall appoint the chairperson and the other members
of the board when a vacancy occurs either by the expiration of a term or
otherwise, and each board member shall serve until such member's successor
is appointed and has qualified. The position of chairperson shall
alternate among an architect, a professional engineer and a professional
land surveyor. All appointments, except to fill an unexpired term, shall
be for terms of four years; but no person shall serve on the board for more
than two consecutive four-year terms, and each four-year term shall be
deemed to have begun on the date of the expiration of the term of the board
member who is being replaced or reappointed, as the case may be. Any
appointment to the board which is made when the senate is not in session
shall be submitted to the senate for its advice and consent at its next
session following the date of the appointment.
7. In the event that a vacancy is to occur on the board because of
the expiration of a term, then ninety days prior to the expiration, or as
soon as feasible after a vacancy otherwise occurs, the president of the
American Institute of Architects/Missouri if the vacancy to be filled
requires the appointment of an architect, the president of the Missouri
Society of Professional Engineers if the vacancy to be filled requires the
appointment of an engineer, and the president of the Missouri Association
of Registered Land Surveyors if the vacancy to be filled requires the
appointment of a land surveyor, shall submit to the director of the
division of professional registration a list of five architects or five
professional engineers, or five professional land surveyors, as the case
may require, qualified and willing to fill the vacancy in question, with
the recommendation that the governor appoint one of the five persons so
listed; and with the list of names so submitted, the president of the
appropriate organization shall include in a letter of transmittal a
description of the method by which the names were chosen. This subsection
shall not apply to public member vacancies.
8. The board may sue and be sued as the Missouri board for
architects, professional engineers, and professional land surveyors, and
its members need not be named as parties. Members of the board shall not
be personally liable either jointly or severally for any act or acts
committed in the performance of their official duties as board members, nor
shall any board member be personally liable for any court costs which
accrue in any action by or against the board.
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