http://www.ok.gov/pels/documents/Statute%20Revisions%20submitted.doc  Download the Document in its entirety here or read below, The changes are underlined

O.S. TITLE 59, 475.1 et. seq.

Section 475.1. Licensure as engineer or land surveyor - Privilege

         In order to safeguard life, health and property, and to promote the public welfare, the practice of engineering and the practice of land surveying in this state are hereby declared to be subject to regulation in the public interest.  It shall be unlawful to practice or to offer to practice engineering or land surveying in this state, as defined in the provisions of Section 475.1 et seq. of this title, or to use in connection with any name or otherwise assume or advertise any title or description tending to convey the impression that any person is an engineer, professional engineer, land surveyor or professional land surveyor, unless such person has been duly licensed under the provisions of Section 475.1 et seq. of this title.  The practice of engineering or land surveying shall be deemed a privilege granted by the state through the State Board of Licensure for Professional Engineers and Land Surveyors, based on the qualifications of the individual as evidenced by a certificate of licensure, which shall not be transferable.

Section 475.2.  Definitions

      As used in Section 475.1 et seq. of this title:

1.  “Engineer” means a person who, by reason of special knowledge and use of the mathematical, physical and engineering sciences and the principles and methods of engineering analysis and design, acquired by engineering education and engineering experience, is qualified, after meeting the requirements of Section 475.1 et seq. of this title and the regulations issued by the Board pursuant thereto, to engage in the practice of engineering;

2.  “Professional engineer” means a person who has been duly licensed as a professional engineer as provided in Section 475.1 et seq. of this title and the regulations issued by the Board pursuant thereto;

3.  “Engineer intern” means a person who complies with the requirements for education and experience and has passed an examination in the fundamental engineering subjects, as provided in Section 475.1 et seq. of this title and the regulations issued by the Board pursuant thereto;

4.  “Practice of engineering” means any service or creative work, the adequate performance of which requires engineering education, training and experience in the application of special knowledge of the mathematical, physical and engineering sciences to such services or creative work as consultation, investigation, evaluation, planning and

design of engineering works and systems, planning the engineering use of land and water, teaching of advanced engineering subjects or courses related thereto, engineering research, engineering surveys, engineering studies, and the inspection or review of construction for the purposes of assuring compliance with drawings and specifications; any of which embraces such services or work, either public or private, in connection with any utilities, structures, buildings, machines, equipment, processes, work systems, projects, and industrial or consumer products or equipment of a mechanical, electrical, chemical, environmental, hydraulic, pneumatic or thermal nature, insofar as they involve safeguarding life, health or property, and including such other professional services as may be necessary to the design review and integration of a multidiscipline work, planning, progress and completion of any engineering services.

Design review and integration includes the design review and integration of those technical submissions prepared by others, including as appropriate and without limitation, engineers, architects, landscape architects, land surveyors, and other professionals working under the direction of the engineer.  The definition of design review and integration by engineers does not restrict the services other licensed professional disciplines are authorized to offer or perform by statute or regulation.

Engineering surveys include all survey activities required to support the sound conception, planning, design, construction, maintenance and operation of engineered projects, but exclude the surveying of real property for the establishment of land boundaries, rights-of-way, easements and the dependent or independent surveys or resurveys of the public land survey system.

A person or entity shall be construed to practice or offer to practice engineering, within the meaning and intent of Section 475.1 et seq. of this title who does any of the following:  practices any branch of the profession of engineering; by verbal claim, sign, advertisement, letterhead, card or in any other way represents such person to be a professional engineer, through the use of some other title implies that any person is a professional engineer or is licensed or qualified under Section 475.1 et seq. of this title; or who represents qualifications or ability to perform or who does practice engineering;

5.  “Professional land surveyor” or “land surveyor” means a person who has been duly licensed as a professional land surveyor pursuant to

Section 475.1 et seq. of this title and the regulations issued by the Board pursuant thereto; and is a person who, by reason of special knowledge in the technique of measuring land and use of the basic principles of mathematics, the related physical and applied sciences and the relevant requirements of law for adequate evidence and all requisite to surveying of real property, acquired by education and experience, is qualified to engage in the practice of land surveying;

6. “Land surveyor intern” means a person who complies with the requirements for education and experience, and has passed an examination in the fundamental land surveying subjects, as provided in Section 475.1 et seq. of this title and regulations issued by the Board pursuant thereto;

7. a. “Practice of land surveying” means any service or work, the adequate performance of which involves the application of special knowledge of the principles of mathematics, methods of measurement, and the law for the determination and preservation of land boundaries.  “Practice of land surveying” includes, without limitation:

(1)      restoration and rehabilitation of corners and boundaries in the United States Public Land Survey System or the subdivision thereof,

(2)      obtaining and evaluating evidence for the accurate determination of land boundaries,

(3)      determination of the areas and elevations of land parcels for a survey,

(4)      monumenting the subdivision of land parcels into smaller parcels and the preparation of the descriptions in connection therewith,

(5)      measuring and platting underground mine workings,

(6)      preparation of the control portions of geographic information systems and land information systems,

(7)      establishment, restoration, and rehabilitation of land survey monuments and bench marks,

(8)      preparation of land survey plats, condominium plats, monument records, and survey reports,

(9)      surveying, monumenting, and platting of easements, and rights-of-way,

(10)    measuring, locating, or establishing lines, angles, elevations, natural and man-made features in the air, on

the surface of the earth, within underground workings, and on the beds of bodies of water for the purpose of determining areas and volumes for a survey,

(11)    geodetic surveying, and

(12)  any other activities incidental to and necessary for the adequate performance of the services described in this paragraph.

      b.     A person or entity shall be construed to practice or offer to practice land surveying, within the meaning and intent of Section 475.1 et seq. of this title who does any one of the following:  practices any branch of the profession of land surveying; by verbal claim, sign, advertisement, letterhead, card or in any other way represents such person to be a professional land surveyor or through the use of some other title implies that such person or entity is a professional land surveyor or that such person is registered, licensed, or qualified under Section 475.1 et seq. of this title; represents qualifications or ability to perform; or who does practice land surveying.

c.     A person shall not be construed to practice or offer to practice land surveying, within the meaning and intent of Section 475.1 et seq. of this title, who merely acts as an agent of a purchaser of land surveying services.  Agents of a purchaser of land surveying services include, but are not limited to, real estate agents and brokers, title companies, attorneys providing title examination services, and persons who or firms that coordinate the acquisition and use of land surveying services.  The coordination of land surveying services includes, but is not limited to; sales and marketing of services, discussion of requirements of land surveys, contracting to furnish land surveys, review of land surveys, the requesting of revisions of land surveys, and making any and all modifications to surveys with the written consent of the land surveyor, and furnishing final revised copies to the land surveyor showing all revisions, the distribution of land surveys, and receiving payment for such services.  These actions do not constitute the practice of land surveying, and do not violate any part of Section 475.1 through 475.22a of this title or the Bylaws and Rules of the Board;

      8.     “Board” means the State Board of Licensure for Professional Engineers and Land Surveyors;

9.     “Responsible charge” means direct control and personal supervision of engineering work or land surveying;

10.  “Rules of professional conduct for professional engineers and land surveyors” means those rules promulgated by the Board;

11.   “Firm” means any form of business entity, a private practitioner employing other licensed engineers, surveyors or licensed design professionals, or any person or entity using one or more fictitious names;

12.  “Direct Control” and “personal supervision” whether used separately or together mean active and personal management of the firm’s personnel and practice including personal presence in the workplace to maintain charge of, and concurrent direction over, engineering or land surveying decisions and the instruments of professional services to which the licensee affixes the seal, signature, and date; and

13.  “Core Curriculum” means the Board-approved land surveying courses adopted by Board policy, developed to ensure that land surveyor applicants meet the minimum educational requirements for licensure.

Section 475.3.  State Board of Licensure for Professional Engineers and Land Surveyors

      A.  The State Board of Licensure for Professional Engineers and Land Surveyors is hereby re-created, to continue until July 1, 2014, in accordance with the provisions of the Oklahoma Sunset Law, whose duty it shall be to administer the provisions of Section 475.1 et seq. of this title.  The Board shall consist of four professional engineers and two professional land surveyors, at least one of whom is not a professional engineer, all of whom shall be appointed by the Governor, with the advice and consent of the Senate.  The Governor shall also appoint one lay member.  The engineers and land surveyors shall be appointed by the Governor preferably from a list of nominees submitted by the respective professional engineering or land surveying societies of this state, and shall have the qualifications required by Section 475.4 of this title.

      B.  Each member of the Board shall file with the Secretary of State a written oath or affirmation for the faithful discharge of official duties.

C.  Appointments to the Board shall be in such manner and for such period of time so that no two terms, with the exception of the lay member, shall expire in the same year.  On the expiration of the term of any member, except the lay member, the Governor shall in the manner herein provided appoint for a term of six (6) years a professional engineer or professional land surveyor having the qualifications required in Section 475.4 of this title.  The lay member of the Board shall be appointed by the Governor to a term coterminous with that of the Governor.  The lay member shall serve at the pleasure of the Governor.  Provided, the lay member may continue to serve after the expiration of the member's term until such time as a successor is appointed.  Members may be reappointed to succeed themselves.  Each member may hold office until the expiration of the term for which appointed or until a successor has been duly appointed and has qualified.  In the event of a vacancy on the Board due to resignation, death or for any cause resulting in an unexpired term, if not filled within three (3) months, the Board may appoint a provisional member to serve in the interim until the Governor acts.

Section 475.4.  Qualifications of Board members 

Each engineer member of the Board shall be a citizen of the United States and resident of this state.  The member shall have been engaged in the lawful practice of engineering for at least ten (10) years.  The member shall have been in responsible charge of engineering projects for at least five (5) years and shall be a licensed professional engineer in this state.  Each land surveyor member of the Board shall be a citizen of the United States and a resident of this state.  The member shall have been engaged in the lawful practice of land surveying as a land surveyor for at least ten (10) years.  The member shall have been in responsible charge of land surveying projects for at least five (5) years and shall be a licensed professional land surveyor in this state.

Section 475.6.  Removal of Board members - Vacancies

The Governor may remove any member of the Board for misconduct, incompetence, neglect of duty or any sufficient cause, in the manner prescribed by law for removal of state officials.  Vacancies in the membership of the Board shall be filled for the unexpired term by appointment by the Governor as provided in Section 475.3 of this title.

Section 475.7.  Meetings – Officers - Quorum

The Board shall hold at least four regular meetings each year.  Special meetings may be held as the bylaws of the Board provide.  The Board shall elect or appoint annually the following officers:  Chair, Vice Chair, and Secretary.  A quorum of the Board shall consist of a majority

of the full Board that includes at least one professional land surveyor member.

Section 475.8.  Powers and authority of Board

A.  The State Board of Licensure for Professional Engineers and Land Surveyors shall have the power to adopt and amend all bylaws and rules of procedure, not inconsistent with the Constitution and laws of this state or Section 475.1 et seq. of this title, including the adoption and promulgation of Rules of Professional Conduct for Professional Engineers and Land Surveyors, which may be reasonably necessary for the proper performance of its duties and the regulation of its proceedings, meetings, records, examinations and the conduct thereof.  These actions by the Board shall be binding upon persons licensed under Section 475.1 et seq. of this title and shall be applicable to firms holding a certificate of authorization.  The Board shall adopt and have an official seal, which shall be affixed to each certificate issued.  The Board shall have the further power and authority to:

1.  Establish and amend minimum standards for the practice of engineering and land surveying;

2.  Establish continuing education requirements for renewal of professional engineering and professional land surveyor licenses;

3.  Promulgate rules concerning the ethical marketing of professional engineering and land surveying services;

4.  Upon good cause shown, as hereinafter provided, deny the issuance, restoration or renewal of a certificate of licensure or certificate of authorization or place on probation for a period of time and subject to such conditions as the Board may specify, suspend, revoke or refuse to renew certificates of licensure or certificates of authorization previously issued, and upon proper showing to review, affirm, reverse, vacate or modify its orders with respect to such denial, suspension, revocation or refusal to renew;

5 B.  The Board is hereby authorized to Llevy administrative penalties against any person or entity who or which violates any of the provisions of Section 475.1 et seq. of this title or any rule or regulation promulgated pursuant thereto.  The Board is hereby authorized to initiate disciplinary, prosecutorial and injunctive proceedings against any person or entity who or which has violated any of the provisions of Section 475.1 et seq. of this title or any rule or regulation of the Board promulgated pursuant thereto.  The Board shall investigate alleged violations of the provisions of Section 475.1 et seq. of this title or of the rules or regulations, orders or final decisions of the Board; and

6C. The Board is hereby authorized to Aacquire by purchase, lease, gift, solicitation of gift or by any other lawful means, and maintain, use and operate real property and improvements; contract for the maintenance, use, and operation of or lease of any and all real property and improvements; lease or sublease any part of real property and improvements acquired pursuant to this section to public entities, private entities, or private persons, on any terms and for any consideration deemed appropriate by the Board, subject to restrictions in purchase or lease documents relating to property acquired; provided, all contracts for real property and improvements shall be subject to the provisions of Section 63 of Title 74 of the Oklahoma Statutes.

BD.  In carrying into effect the provisions of Section 475.1 et seq. of this title, the Board, under the hand of its Chair, Vice Chair, or Executive Director and the seal of the Board, may subpoena witnesses and compel their attendance, and may also require the submission of books, papers, documents or other pertinent data, in any disciplinary matters, or in any case wherever a violation of Section 475.1 et seq. of this title is alleged.  Upon failure or refusal to comply with any such order of the Board, or upon failure to honor its subpoena, as herein provided, the Board may apply to a court of proper jurisdiction for an order to enforce compliance with same.

CE.  The Board is hereby authorized in the name of the state to apply for relief by injunction in the established manner provided in cases of civil procedure, without bond, to enforce the provisions of Section 475.1 et seq. of this title, or to restrain any violation thereof.  In such proceedings, it shall not be necessary to allege or prove either that an adequate remedy at law does not exist or that substantial or irreparable damage would result from the continued violation thereof.  The members of the Board shall not be personally liable under this proceeding.

DF.  The Board may subject an applicant for licensure or a licensee to such examinations as it deems necessary to determine the applicant's or licensee’s qualifications.  The Board may dispose of a formal complaint against a licensee for a violation of Section 475.1 et seq. of this title by an order that a licensee shall complete the examinations as the Board deems necessary to determine the qualifications of the licensee, and upon the initial failure or refusal to successfully complete the examination, within the time ordered, place conditions on the license of the licensee to practice and order other remedies until competence is demonstrated.

EG.  No action or other legal proceedings for damages shall be instituted against the Board or against any Board member or employee of the Board for any act done in good faith and in the intended performance of any power granted under Section 475.1 et seq. of this title or for any neglect or default in the performance or exercise in good faith of any such duty or power.

Section 475.9. Professional Engineers and Land Surveyors Fund – Expenditures - Audits 

A.  The Executive Director of the Board shall be responsible for accounting for all monies derived under the provisions of Section 475.1 et seq. of this title.  This fund shall be known as the "Professional

Engineers and Land Surveyors Fund", and shall be deposited with the State Treasurer, and shall be paid out only upon requisitions submitted by the Secretary or Executive Director.  All monies in this fund are hereby specifically appropriated for the use of the Board, and at the end of each fiscal year  the Board shall pay into the General Revenue Fund of the state an amount equal to ten percent (10%) of all funds licensure and certification fees in compliance with O.S. Title 62 Section 211 (Public Finance – State Boards).received at the end of each fiscal year.

B.  The Board shall obtain an office, secure such facilities, and employ, direct, discharge and define the duties and salaries of an Executive Director, Principal Assistant, Director of Enforcement, Board Investigator and such clerical or other assistants as are necessary for the proper performance of its work.  The Board shall make expenditures from the fund created in subsection A of this section for any purpose which, in the opinion of the Board, is reasonably necessary for the proper performance of its duties under Section 475.1 et seq. of this title, including examination administration fees, the expenses of the Board's delegates to meetings of and membership fees to the National Council of Examiners for Engineering and Surveying, meaning the national nonprofit organization composed of engineering and land surveying licensing boards commonly called NCEES, and any of its subdivisions, as provided in the State Travel Reimbursement Act, Section 500.1 et seq. of Title 74 of the Oklahoma Statutes.  Under no circumstances shall the total amount of warrants issued in payment of the expenses and compensation provided for in Section 475.1 et seq. of this title exceed the amount of monies in the fund.

C.  The fund shall be audited annually by the State Auditor and Inspector.

Section 475.10.  Record of proceedings and applications – Evidentiary use – Annual Reports - Confidentiality

A.  The Board shall keep a record of its proceedings and of all applications for licensure, which record shall show:

1.  The name, date of birth and last‑known address of each applicant;

2.  The date of application;

3.  The place of business of the applicant;

4.  The education, experience and other qualifications of the applicant;

5.  The type of examination required;

6.  Whether or not the applicant was rejected;

7.  Whether or not a certificate of licensure was granted;

8.  The date of the action of the Board; and

9.  Such other information as may be deemed necessary by the Board.

B.   The record of the Board shall be prima facie evidence of the proceedings of the Board and a transcript thereof, duly certified by the Secretary under seal, shall be admissible as evidence with the same force and effect as if the original were produced.

C.   The Board shall submit, upon request from the Governor, a report of its transactions of the preceding year, including a complete statement of the receipts and expenditures of the Board, attested by affidavits of its Chairman and its Secretary.

D.   Board records and papers of the following class may be kept confidential by the Board:  examination materials, file records of examination problem solutions, exam scores, letters of inquiry and reference concerning applicants, transcripts of college courses and grades, investigation files, closed complaints, information otherwise protected by law and all other matters of like confidential nature.

Section 475.11.  Rosters

Complete rosters showing the names and last‑known addresses of all professional engineers and professional land surveyors shall be maintained and made available to the licensees and the public.

Section 475.12.  Qualifications for licensure 

A.  Engineer

To be eligible for consideration for licensure as a professional engineer, or certification as an engineer intern, an applicant must be of good character and reputation and shall submit five references with application for licensure as a professional engineer, three of which shall be professional engineers having personal knowledge of the applicant's engineering experience, or, in the case of an application for certification as an engineer intern, by three character references.

One of the following shall be considered as minimum evidence satisfactory to the Board that the applicant is qualified for licensure as a professional engineer, or for certification as an engineer intern, respectively:

1.  As a professional engineer:

a.  Licensure by Comity or Endorsement ‑ A person holding a certificate of registration or licensure to engage in the practice of engineering issued by a proper authority of a jurisdiction or possession of the United States or the District of Columbia, based on requirements that do not conflict with the provisions of Section 475.1 et seq. of this title and possessing credentials that are, in the judgment of the Board, of a standard not lower than that specified in the applicable licensure act in effect in this state at the time such certificate was issued, may, upon application, be licensed without further examination except as required to present evidence of knowledge of statutes, rules and design requirements unique to this state.

b.  Graduation, Experience and Examination ‑ A graduate of an engineering program of four (4) years or more approved by the Board as being of satisfactory standing, and following the date of degree, a specific record of an additional four (4) years or more of progressive experience on engineering projects of a grade and character which indicates to the Board that the applicant may be competent to practice engineering, who has also passed the eight-hour written   a Board approved NCEES examination in the fundamentals of engineering as provided in subparagraph a of paragraph 2 of this subsection, shall be admitted to an eight‑hour written a Board approved NCEES examination in the principles and practice of engineering.  Upon passing such examinations, as well as an examination in knowledge of statutes, rules and design requirements unique to this state, the applicant shall be granted a certificate of licensure to practice engineering in this state, if otherwise qualified.  If in the judgment of the Board special circumstances exist, the Board may waive the fundamentals of engineering examination requirement for the issuance of a license if the applicant possesses sufficient progressive experience on engineering projects to indicate to the Board that the applicant may be competent to practice engineering.  The Board shall evaluate all elements of the application to assess waiver requests and shall only grant a waiver to extraordinarily qualified applicants. 

c.  Alternative Graduation, Experience and Education ‑ A graduate of an engineering or related science program of four (4) years or more, other than the ones approved by the Board and following the date of degree, a specific record of six (6) years or more of progressive experience on engineering projects of a character and grade which indicates to the Board that the applicant may be competent to practice engineering who has also passed the eight‑hour written  a Board approved NCEES examination in the fundamentals of engineering as provided in subparagraph b of paragraph 2 of this subsection, shall be admitted to an eight‑hour written a Board approved NCEES examination in the principles and practice of engineering.  Upon passing such examination, as well as an examination in knowledge of statutes, rules and design requirements unique to this state, the applicant shall be granted a certificate of licensure to practice engineering in this state, if otherwise qualified.  If in the judgment of the Board special circumstances exist, the Board may waive the fundamentals of engineering examination requirement for the issuance of a license if the applicant possesses sufficient progressive experience on engineering projects to indicate to the Board that the applicant may be competent to practice engineering.  The Board shall evaluate all elements of the application to assess waiver requests and shall only grant a waiver to extraordinarily qualified applicants. 

d. A four-year degree in a science not considered a related science degree by the Board must be followed by a Master’s Degree in engineering from an institution with a comparable EAC/ABET accredited undergraduate engineering program before being considered for approval as a related science degree by the Board.  Foreign degrees not determined by the Board to be substantially equivalent to an EAC/ABET accredited engineering degree may be considered following a degree evaluation by an evaluation service approved by the Board.  The maximum equivalency granted for all foreign degrees, except those determined to be substantially equivalent to an EAC/ABET accredited engineering degree, shall be that of a related science degree.

2.  As an engineer intern:

The following shall be considered as minimum evidence that the applicant is qualified for certification as an engineer intern:

a.  Graduation and Examination ‑ A graduate of an engineering program of four (4) years or more approved by the Board or an applicant who has completed ninety (90) semester hours or more of academic requirements for graduation, shall be admitted to an eight‑hour written a Board approved NCEES examination in the fundamentals of engineering.  Upon passing such examination and providing proof of graduation, the applicant shall be certified or enrolled as an engineer intern, if otherwise qualified.

1. Alternative Graduation, Experience and Examination ‑ A graduate of an engineering or related science curriculum of four (4) years or more, other than the ones approved by the Board or an applicant who has completed ninety (90) semester hours or more of academic requirements for graduation, shall be admitted to an eight‑hour written a Board approved NCEES examination in the fundamentals of engineering.  Upon passing such examination, providing proof of graduation and providing proof of a specific record of one year or more of progressive engineering experience in engineering projects of a grade and character satisfactory to the Board, the applicant shall be certified or enrolled as an engineer intern, if otherwise qualified.
2. A four-year degree in a science not considered a related science degree by the Board must be followed by a Masters Degree in engineering from an institution with a comparable EAC/ABET accredited undergraduate engineering program before being considered for approval as a related science degree by the Board.  Foreign degrees not determined by the Board to be substantially equivalent to an EAC/ABET accredited engineering degree may be considered following a degree evaluation by an evaluation service approved by the Board.  The maximum equivalency granted for all foreign degrees, except those determined to be substantially equivalent to an EAC/ABET accredited engineering degree, shall be that of a related science degree.

B.  Land Surveyor

To be eligible for consideration for licensure as a professional land surveyor or certification as a land surveyor intern, an applicant must be of good character and reputation and shall submit five references with application for licensure as a professional land surveyor, three of which shall be licensed land surveyors having personal knowledge of the applicant's land surveying experience; or in the case of an applicant for certification as a land surveyor intern, by three character references.

The evaluation of a professional land surveyor applicant's qualifications shall include consideration of the applicant's education, technical and land surveying experience, and recommendations by references. 

One of the following shall be considered as minimum evidence satisfactory to the Board that the applicant is qualified for licensure as a professional land surveyor or for certification as a land surveyor intern, respectively.

1.  As a land surveyor:

a. Licensure by Comity or Endorsement ‑ A person holding a certificate of licensure to engage in the practice of land surveying issued by a proper authority of a jurisdiction or possession of the United States or the District of Columbia, based on comparable qualifications satisfactory to the Board, will be given comity consideration.  However, the person may be required to take such examinations as the Board deems necessary to determine the person's qualifications, but in any event, the person shall be required to pass a written examination of such duration as established by the Board, which shall include questions on laws, procedures and practices pertaining to land surveying in this state.

b. Graduation, Experience and Examination –

(1)   A graduate of a surveying program of four (4) years or more approved by the Board and a specific record of four (4) years or more of progressive combined office and field experience satisfactory to the Board on land surveying projects of a grade and character which indicates to the Board that the applicant may be competent to practice land surveying, of which no less than two (2) years experience must be following the date of the degree, who has also passed an eight-hour written  a Board approved NCEES examination in the fundamentals of surveying as provided in subparagraph a of paragraph 2 of this subsection, shall be admitted to a six-hour written Board approved NCEES examination in the principles and practice of surveying and a two-hour Oklahoma Law and Surveying written examination.  Upon passing such examinations, the applicant shall be granted a certificate of licensure to practice land surveying in this state, if otherwise qualified.

(2)         A graduate of a surveying program of two (2) years or more approved by the Board and a specific record of six (6) years or more of progressive combined office and field experience satisfactory to the Board on land surveying projects of a grade and character which indicates to the Board that the applicant may be competent to practice land surveying and who has also passed the eight-hour written a Board approved NCEES examination in the fundamentals of surveying as provided in subparagraph a of paragraph 2 of this subsection shall be admitted to a six-hour written Board approved NCEES examination in the principles and practice of surveying and a two-hour a Board approved Oklahoma Law and Surveying written examination. Upon passing such examination, the applicant shall be granted a certificate of licensure to practice land surveying in this state, if otherwise qualified.  Provided, after July 1, 2020, the provisions in this paragraph shall not be considered by the Board as minimum evidence that an applicant is qualified for licensure as a professional land surveyor.

          c.     Alternative Graduation, Experience and Examination –

(1) A graduate of other academic programs of two (2) years or more, approved by the Board, which shall include the Board approved core curriculum in surveying and a specific record of six (6) years or more of progressive combined office and field experience satisfactory to the Board on land surveying projects of a grade and character which indicates to the Board that the applicant may be competent to practice land surveying who has passed an eight‑hour written a Board approved NCEES examination in the fundamentals of surveying, as provided in division (1) of subparagraph b of paragraph 2 of this subsection shall be admitted to a six-hour written Board approved NCEES examination in the principles and practice of  surveying and a two-hour Board approved Oklahoma Law and Surveying written examination.  Upon passing such examination, the applicant shall be granted a certificate of licensure to practice land surveying in this state, if otherwise qualified.  Provided after July 1, 2016, two (2) year academic programs will no longer qualify, and a four (4) year academic program approved by the Board is required.

(2) An applicant who provides proof of completion of sixty (60) credit hours, approved by the Board, which shall include the Board approved core curriculum in surveying, and a specific record of six (6) years or more of progressive combined office and field experience satisfactory to the Board on land surveying projects of a grade and character which indicates to the Board that the applicant may be competent to practice land surveying, who has also passed an eight-hour written a Board approved examination in the fundamentals of surveying as provided in division (2) of subparagraph b of paragraph 2 of this subsection, shall be admitted to a six-hour written Board approved examination in the principles and practice of surveying and a two-hour Board approved Oklahoma Law and Surveying written examination.  Upon passing such examinations, the applicant shall be granted a certificate of licensure to practice land surveying in this state, if otherwise qualified. Provided after July 1, 2016, two (2) year academic programs will no longer qualify, and a four (4) year academic program approved by the Board is required.

d.     Long Established Practice and Examination ‑ An applicant with a specific record of nine (9) years or more of practice in land surveying of a grade and character satisfactory to the Board which indicates to the Board that the applicant may be competent to practice land surveying shall be admitted to an eight‑hour written a Board approved NCEES examination in the fundamentals of  surveying, and, if passed, then shall be admitted to a six‑hour written Board approved NCEES examination in the principles and practice of  surveying and a two-hour Board approved Oklahoma Law and Surveying written examination.  Upon passing such examinations, the applicant shall be granted a certificate of licensure to practice land surveying in this state, if otherwise qualified.  Provided, after July 1, 2014, “Long Established Practice and Examination”, as specified in this paragraph, shall not be considered by the Board as minimum evidence that an applicant is qualified for licensure as a professional land surveyor.

2.  As a land surveyor intern:

     a.    Graduation and Examination -

(1)  A graduate of a surveying program of four (4) years or more approved by the Board, or an applicant who has completed sixty (60) semester hours or more of academic requirements for graduation, shall be admitted to an eight-hour written a Board approved NCEES examination in the fundamentals of surveying.  Upon passing such examination and providing proof of graduation, the applicant shall be certified or enrolled as a land surveyor intern, if otherwise qualified.

(2)  A graduate of a surveying program of two (2) years or more approved by the Board or an applicant who has completed forty-five (45) semester hours or more of academic requirements for graduation from a two-year surveying program approved by the Board shall be admitted to an eight‑hour written a Board approved NCEES examination in the fundamentals of surveying.  Upon passing such examination and providing proof of graduation, the applicant shall be certified or enrolled as a land surveyor intern, if otherwise qualified.  Provided, after July 1, 2020, the provisions in this paragraph shall not be considered by the Board as minimum evidence that an applicant is qualified for licensure as a professional land surveyor.

1. Alternative Graduation, Experience and Examination –

(1)   A graduate of other academic programs of two (2) years or more approved by the Board, which shall include the Board approved core curriculum in surveying, or an applicant who has completed forty-five (45) semester hours or more of academic requirements for graduation, including twenty-one (21) semester hours or more of the core curriculum, from another academic program of two (2) years or more approved by the Board, shall be admitted to an eight‑hour written a Board approved NCEES examination in the fundamentals of land surveying.  Upon passing such examination, providing proof of graduation and providing proof of a specific record of one year or more of progressive experience satisfactory to the Board on land surveying projects of a grade and character which indicates to the Board that the applicant may be competent to practice land surveying, the applicant shall be certified or enrolled as a land surveyor intern, if otherwise qualified.  Provided after July 1, 2016, two (2) year academic programs will no longer qualify, and a four (4) year academic program approved by the Board is required.

(2)   An applicant who provided proof of completion of sixty (60) credit hours approved by the Board, which shall include the Board approved core curriculum in surveying, or an applicant who has completed forty-five (45) semester hours or more of academic requirements for graduation, including twenty-one (21) semester hours or more of the core curriculum, shall be admitted to an eight-hour written a Board approved NCEES examination in the fundamentals of surveying.  Upon passing such examination and providing proof of a specific record of one year or more of progressive experience satisfactory to the Board on land surveying projects of a grade and character which indicates to the Board that the applicant may be competent to practice land surveying, the applicant shall be certified or enrolled as a land surveyor intern, if otherwise qualified.  Provided after July 1, 2016, two (2) year academic programs will no longer qualify, and a four (4) year academic program approved by the Board is required.

Section 475.13.  Application form–Certified council record - Fees 

A.              1.  Application for licensure as a professional engineer or professional land surveyor or certification as an engineer intern or land surveyor intern shall be on a form prescribed and furnished by the Board.  It shall contain statements made under oath, showing the applicant's education and a detailed summary of technical and

engineering or land surveying experience and shall include the names and complete mailing addresses of the references, none of whom may be members of the Board.

2.  The Board may accept the certified information contained in a valid council record issued by the National Council of Examiners for Engineering and Surveying for professional engineer or professional land surveyor applicants in lieu of the same information that is required on the form prescribed and furnished by the Board.

B.   1.  The application fees shall be established by Board rules.

2.  The certification fee for a firm shall be established by Board rules.

3.  Should the Board deny the issuance of a certificate of licensure to any applicant, including the application of a firm for a certificate of authorization, the fee shall be retained as an application fee.

Section 475.14.  Examinations

A.  The examination shall be held at such times and places as the Board directs. 

B.  Written examinations may be taken only after the applicant has met other minimum requirements as set forth in Section 475.12 of this title, and has been approved by the Board for admission to one or more of the following examinations:

1.  Fundamentals of Engineering;

2.  Principles and Practice of Engineering;

1. Fundamentals of Land Surveying;
2. Principles and Practice of Land Surveying;

5.  Oklahoma Law and Surveying; and

6.  Oklahoma Law and Engineering.

C.   A candidate failing an examination may apply for the next examination, which may be granted upon payment of an application fee established by the Board.

D.  The applicant shall pay all fees established by the Board for examination documents and grading.  The Board will advise the applicant of the fees required, and the required fees shall be paid by the applicant in advance of the examination.

E.  The Board may prepare and adopt specifications for the written examinations in engineering and land surveying.  They shall be published and be available to the public and to any person interested in being licensed as a professional engineer or as a professional land surveyor.

Section 475.15.  Certificate of licensure – Issuance – Seal – Intern Enrollment Card 

A.  The Board shall issue to any applicant who, in the opinion of the Board, has met the requirements of Section 475.1 et seq. of this title, a certificate of licensure giving the licensee proper authority to practice in this state.  The certificate of licensure for a professional engineer shall carry the designation "Professional Engineer" and for a professional land surveyor, "Professional Land Surveyor".  It shall give the full name of the licensee with the licensure number of the licensee and shall be signed by the Chair and the Secretary under the seal of the Board.

B.  This certificate shall be prima facie evidence that the person named thereon is entitled to all rights, privileges and responsibilities of a professional engineer or professional land surveyor, while the certificate remains unrevoked and unexpired.

C.  Each licensee hereunder may, upon licensure, obtain a seal, the design and use of which is described in Board rules.  It shall be unlawful for a licensee to affix, or permit his or her seal or signature to be affixed, to any document after the expiration or revocation of a license, or for the purpose of aiding or abetting any other person to evade or attempt to evade any provision of Section 475.1 et seq. of this title.  Whenever the seal is applied, the document must be signed by the licensee thereby certifying that he or she is competent in the subject matter and was in responsible charge of the work product.  Documents must be sealed and signed in accordance with the Board rules whenever presented to a client, a user or any public or governmental agency.  Whenever the seal is applied, the signature of the licensee and date of signature shall be placed adjacent to or across the seal.  Drawings, reports or documents that are signed using a digital or electronic signature must be done in a manner that is in direct control and personal supervision of the professional engineer or professional land surveyor and must conform to the specifications in the Board rules regarding digital or electronic signatures.  A professional engineer, land surveyor, or firm shall retain a hard copy or electronic copy of all technical submissions produced for a minimum of ten (10) years following the date of preparation.

D.  The Board shall issue to any applicant who, in the opinion of the Board, has met the requirements of Section 475.1 et seq. of this title, a certificate as an engineer intern or land surveyor intern which indicates that his or her name has been recorded as such in the Board office.  The engineer intern or land surveyor intern certificate does not authorize the holder to practice as a professional engineer or professional land surveyor.

E.  A professional engineer, duly licensed in Oklahoma, shall only use the designation "S.E." if one or more of the following conditions apply:

1.  The person is currently licensed in good standing in another state or jurisdiction as an "S.E." by further examination beyond the examination(s) required for licensure as a professional engineer;

2.  The person has passed the Principles and Practice of Engineering examination and additionally has passed the eight hour NCEES Structural II examination;

3.  The person has passed the NCEES Principles and Practice of Engineering eight hour Structural I and eight hour Structural II examinations; or

4.  The person has passed the 16 hour NCEES Structural examination.

It shall be a violation of this Act for any person to use the designation "S.E." who does not meet one or more of the above listed conditions.  However, any Oklahoma duly licensed professional engineer may practice within the discipline of structural engineering or refer to themselves as a "structural engineer" if structural engineering is within their area of competence and they have indicated as such in the records of the Board.

Section 475.16. Term of certificate – Notice of expiration date –  Renewal 

A.  The Board shall issue certificates of licensure and certificates of authorization for firms for a term of twenty‑four (24) months.

B.  It shall be the duty of the Executive Director to notify every person licensed under Section 475.1 et seq. of this title, and every firm holding a certificate of authorization under Section 475.1 et seq. of this title, of the date of the expiration of said certificate of licensure or certificate of authorization, and the amount of the fee required for its renewal.  Such notice shall be mailed to the licensee or firm at the last‑known address as shown in the records of the Board at least one (1) month in advance of the date of the expiration of the certificate.

      C.  Renewal may be affected at any time prior to or during the month of expiration by the payment of a fee as established by the Board.  Renewal of an expired certificate may be affected under rules promulgated by the Board regarding requirements for reexamination and penalty fees.

Section 475.17. Lost or destroyed certificates - Replacement

A new certificate of licensure or certificate of authorization, to replace any certificate lost, destroyed or mutilated, may be issued, subject to the rules of the Board. 

Section 475.18.  Disciplinary actions – Grounds – Rules of Professional Conduct 

A.  The Board shall have the power to suspend, revoke or refuse to issue, restore or renew a certificate of authorization for a firm, or a certificate of licensure of, or place on probation, fine or reprimand any firm, professional engineer, professional land surveyor or engineer intern or land surveyor intern who is found guilty of As provided in Section 475.8(A)(B), the Board shall have the power to deny; revoke; suspend; refuse to issue; place on probation; fine or reprimand; issue orders and injunctions; levy administrative and/or criminal penalties if a person or entity is found guilty of:

1.  The practice of any fraud or deceit in obtaining or attempting to obtain or renew a certificate of licensure, or a certificate of authorization or in taking the examinations administered by the Board;

2.  Any fraud, misrepresentation, gross negligence, gross incompetence, misconduct or dishonest practice, in the practice of engineering or land surveying;

3.  Conviction of or entry of a plea of guilty or nolo contendere to any crime under the laws of the United States, or any state or territory thereof, which is a felony, whether related to practice or not; and conviction of or entry of a plea of guilty or nolo contendere to any crime, whether a felony, misdemeanor, or otherwise, an essential element of which is dishonesty or which is related to the practice of engineering or land surveying;

4.  Failure to comply with any of the provisions of Section 475.1 et seq. of this title or any of the rules or regulations pertaining thereto;

5.  Violation of the laws or rules of another state, territory, the District of Columbia, a foreign country, the United States government, or any other governmental agency, if at least one of the violations is the same or substantially equivalent to those contained in this section;

6.  Failure, within thirty (30) days, to provide information requested by the Board as a result of a formal or informal complaint to the Board which would indicate a violation of Section 475.1 et seq. of this title Act;

7.  Knowingly making false statements or signing false statements, certificates or affidavits;

8.  Aiding or assisting another person or entity in violating any provision of Section 475.1 et seq. of this title this Act or the rules or regulations pertaining thereto of the Board;

9.  Violation of any terms of probation or suspension an Order imposed by the Board, or using a seal or practicing engineering or land surveying while the professional engineer's license or land surveyor's license is suspended, revoked, nonrenewed, retired or inactive;

10.  Signing, affixing the professional engineer's or land surveyor's seal, or permitting the professional engineer's or land surveyor's seal or signature to be affixed to any specifications, reports, drawings, plans, design information, construction documents, calculations, other documents, or revisions thereof, which have not been prepared by, or under the direct control and personal supervision of the professional engineer or land surveyor in responsible charge;

11.  Engaging in dishonorable, unethical or unprofessional conduct of a character likely to deceive, defraud or harm the public;

12.  Providing false testimony or information to the Board;

13.  Habitual intoxication or addiction to the use of alcohol or to the illegal use of a controlled dangerous substance;

14.  Performing engineering or surveying services outside any of the licensee’s areas of competence;

15.  Violating the Oklahoma Minimum Standards for the Practice of Land Surveying; and

      16.  Nonpayment of fees when due, or nonpayment for a period longer than ninety (90) days after the due date for payment of costs, or administrative penalties assessed by the Board shall result in revocation of the certificate of authorization or certificate of licensure.

B.  The Board shall prepare and adopt Rules of Professional Conduct for Professional Engineers and Land Surveyors as provided for in Section 475.8 of this title, which shall be made available in writing to every licensee and applicant for licensure under Section 475.1 et seq. of this title.  The Board may revise and amend these Rules of Professional Conduct for Professional Engineers and Land Surveyors from time to time and shall notify each licensee, in writing, of such revisions or amendments.

C.  The Board shall have the power to:

1.  Revoke a certificate of authorization;

2.  Suspend a certificate of authorization for a period of time, not exceeding two (2) years, of any firm of which one or more of its officers or directors have been guilty of any conduct which would authorize a revocation or suspension of their certificates of licensure under the provisions of this section;

3.  Place a licensee on probation for a period of time and subject to such conditions as the Board may specify; or

4.  Levy an administrative penalty.

DC.  Principals of a firm who do not obtain a certificate of authorization as required by Section 475.1 et seq. of this title may be subject to disciplinary action of individual licensure.

Section 475.19.  Allegations of violations – Notice and hearing - Appeal

A.  Any person may bring allegations of violations of Section 475.1 et seq. of this title against any person, licensee, or against any firm.  All allegations shall be timely investigated by the Board and, unless determined unfounded or trivial by the Board, or unless settled by mutual accord, shall be filed as formal complaints by the Board.

B.  The time and place for said hearing shall be fixed by the Board, and a copy of the charges, together with a notice of the time and place of hearing, shall be personally served on or mailed to the last‑known address of such person, licensee, or entity, at least thirty (30) days before the date fixed for the hearing.  At any hearing, the accused shall have the right to appear in person or by counsel, or both, to cross‑examine witnesses in their defense, and to produce evidence and witnesses in their own defense.  If the accused fails or refuses to appear, the Board

may proceed to hear and determine the validity of the charges.

C.  If, after such hearing, a majority of the Board vote in favor of sustaining any one or more of the charges, the Board shall reprimand, fine for each count or separate offense, levy administrative penalties pursuant to Section 475.20 of this title, place on probation for a period of time and subject to such conditions as the Board may specify, refuse to issue, restore, renew, suspend or revoke the individual's certificate of licensure, or the firm's certificate of authorization.

D.  Any person, licensee, or firm, aggrieved by any action of the Board in levying a fine, denying, suspending, refusing to issue, restore or renew or revoking the certificate of licensure of the person, or its certificate of authorization, may appeal there from to the proper court under normal civil procedures.

E.  The Board may, upon petition of an individual licensee or firm holding a certificate of authorization, reissue a certificate of licensure or authorization, provided that a majority of the members of the Board vote in favor of such issuance.

Section 475.20.  Criminal and administrative penalties – Legal counsel

A.  Criminal penalties:

Any person or entity who practices, or offers to practice, engineering or land surveying in this state without being licensed by the State Board of Professional Engineers and Land Surveyors in accordance with the provisions of Section 475.1 et seq. of this title, or any person or entity using or employing the words "engineer" or "engineering" or "land surveyor" or "land surveying" or any modification or derivative thereof in its name or form of business or activity except as authorized in Section 475.1 et seq. of this title, or any person presenting or attempting to use the certificate of licensure or the seal of another, or any person who shall give false or forged evidence of any kind to the Board or to any member thereof in obtaining or attempting to obtain a certificate of licensure, or any person who shall falsely impersonate any other licensee of like or different name, or any person who shall attempt to use an expired, suspended, revoked, or nonexistent certificate of licensure, or who shall practice or offer to practice when not qualified, or any person who falsely claims to be registered or licensed under Section 475.1 et seq. of this title, or any person who shall violate any of the provisions of Section 475.1 et seq. of this title, shall be guilty of a misdemeanor,

punishable by a fine of not less than Two Hundred Fifty Dollars ($250.00), nor more than Two Thousand Dollars ($2,000.00).

B.  Administrative penalties:

1.  Any person or entity who has been determined by the Board to have violated any provision of Section 475.1 et seq. of this title, or any rule, regulation or order issued pursuant to such provisions, may be liable for an administrative penalty of not less than Two Hundred Fifty Dollars ($250.00) nor more than Ten Thousand Dollars ($10,000.00) for each separate violation.

2.  The amount of the penalty shall be assessed by the Board pursuant to the provisions of subsection 1 of this section, after notice and hearing.  In determining the amount of the penalty, the Board shall include, but not be limited to, consideration of the nature, circumstances and gravity of the violation, and with respect to the person or entity found to have committed the violation, the degree of culpability, the effect on ability of the person or entity to continue to do business and any show of good faith in attempting to achieve compliance with the provisions of Section 475.1 et seq. of this title.  All monies collected from administrative penalties shall be deposited with the State Treasurer and placed in the "Professional Engineers and Land Surveyors Fund".

3.  Any certificate of licensure or certificate of authorization holder may elect to surrender the certificate of licensure or certificate of authorization in lieu of an administrative action, but shall be permanently barred from obtaining a reissuance of the certificate of registration or certificate of authorization.

C.  Legal Counsel:

The Attorney General of this state or an assistant shall act as legal advisor to the Board and render such legal assistance as may be necessary in carrying out the provisions of Section 475.1 et seq. of this title.  The Board may employ counsel and necessary assistance to aid in the enforcement of such provisions, and the compensation and expenses therefore shall be paid from funds of the Board.

Section 475.21. Condition for practice of engineering or land surveying by firm 

A.  The practice of or offer to practice engineering or land surveying by firms authorized under Section 475.1 et seq. of this title, or by more

than one person acting individually through a firm, is permitted provided:

1.  The person(s) in responsible charge of such practice and all personnel who act in behalf of said firm in professional engineering and land surveying matters in this state are licensed under Section 475.1 et seq. of this title; and

2.  Said firm has been issued a certificate of authorization by the Board.

B.  An engineering or land surveying firm desiring a certificate of authorization shall file with the Board an application, using a form provided by the Board, and provide all the information required by the Board.  The Board shall prescribe a form to be filed with the renewal fee and which shall be updated within thirty (30) days of the time any information contained on the form is changed or differs for any reason.  If, in the Board's judgment, the information contained on the form warrants such action, the Board shall issue a certificate of authorization for said firm to practice engineering and/or land surveying.

No such firm shall be relieved of responsibility for the conduct or acts of its agents, employees, officers or partners by reason of its compliance with the provisions of this section.  No individual practicing engineering or land surveying, pursuant to the provisions of Section 475.1 et seq. of this title, shall be relieved of responsibility for engineering or land surveying services performed by reason of employment or other relationship with a firm holding a certificate of authorization.

C.  The Secretary of State shall not issue a certificate of incorporation to an applicant or a registration as a foreign firm to a firm which includes among the objectives for which it is established any of the words "Engineer", "Engineering", "Surveyor", "Land Surveying" or any modification or derivation thereof unless the Board(s) of Licensure for these professions has issued for said applicant a certificate of authorization or a letter indicating the eligibility of such applicant to receive such a certificate.  The firm applying shall supply such certificate or letter from the Board with its application for incorporation or registration.

D.  The Secretary of State shall decline to register any trade name or service mark which includes such words, as set forth in subsection C of this section, or modifications or derivatives thereof in its firm name or logotype except those firms holding certificates of authorization issued under the provisions of this section.

E.  The certificate of authorization shall be renewed as hereinbefore

provided in Section 475.16 of this title.

F.  An engineer or land surveyor designated in responsible charge of the professional activities of a firm for the purposes of this section shall be a full-time employee of the firm.  A licensee who performs only part-time, occasional, or consulting services for a firm shall not qualify as a person designated in responsible charge.

G.  Out-of-state firms authorized to perform engineering services in Oklahoma may have a branch office(s) located in Oklahoma only if they have a professional engineer designated to be in responsible charge of the firm's professional practice in Oklahoma.  The professional engineer designated for this purpose must spend a majority of normal business hours at one or more branch office(s) located in Oklahoma and be duly licensed as a professional engineer in Oklahoma.  The professional engineer designated is responsible for maintaining the firm's certificate of authorization; for the overall administrative supervision of the firm's licensed and subordinate personnel providing the engineering work in Oklahoma; and for the institution and adherence of policies of the firm that are in accordance with the Rules of Professional Conduct.

Section 475.22. Exceptions

Section 475.1 et seq. of this title shall not be construed to prevent:

1.  Other Professions.  The practice of any other legally recognized profession;

2.  Temporary Permit:

a.     Professional engineer.  The practice or offer to practice engineering by a person not a resident of or having no established place of business in this state is allowed; provided, such person is legally qualified by licensure to practice engineering, as defined in Section 475.2 of this title, in the applicant’s own state or country and who has made application for licensure to this Board.  Such person shall make application for temporary permit to the Board, in writing, and after payment of a temporary permit fee may be granted a written permit to perform a particular job for a definite period of time, to expire the earliest of the issuance of a license by this Board, the rejection of the application for licensure or a time limit stated in the temporary permit; provided, however, no right to practice engineering shall accrue to such applicant by reason of a temporary permit for any works not set forth in said permit, and

b.     Professional land surveyor.  The practice of land surveying under a temporary permit by a person licensed as a land surveyor in another state is not considered to be in the best interest of the public and therefore shall not be granted;

3.  Employees and subordinates.  The work of an employee or a subordinate of a person holding a certificate of licensure under Section 475.1 et seq. of this title, or an employee of a person practicing lawfully under paragraph 2 of this section is allowed; provided, such work does not include final engineering or land surveying designs or decisions and is done under the direct supervision of and verified by a person holding a certificate of licensure under Section 475.1 et seq. of this title or a

person practicing lawfully under paragraph 2 of this section; and

      4.  Material Takeoff.  Providing a list of material derived from measuring and interpreting a set of blueprints or plans, otherwise known as a "material takeoff" or advising a person on such a "material takeoff" shall not constitute the practice of engineering.

Section 475.22a. Land surveying documents – Condition of filing

It shall be unlawful for the registrar of deeds or the county clerk of any county or proper public authority to file any map, plat, survey or other documents within the definition of land surveying which do not have impressed thereon and affixed thereto the personal signature and seal of a professional land surveyor by whom or under whose direct supervision the map, plat, survey or other documents were prepared.