BILL NUMBER: AB 969 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Cardenas
FEBRUARY 27, 1997
An act to amend Section 130 of, and to repeal and add Chapter 7
(commencing with Section 6700) of Division 3 of, the Business and
Professions Code, relating to professional engineers.
LEGISLATIVE COUNSEL'S DIGEST
AB 969, as introduced, Cardenas. Professional engineers.
(1) The Professional Engineers Act provides for the registration
of persons practicing engineering in this state, either in a public
or private capacity, with the State Board of Registration for
Professional Engineers and Land Surveyors, in accordance with certain
requirements.
This bill would repeal and reenact this act and, among other
things, would revise provisions relating to the practice of
engineering, examination and testing of applicants, licensure and
certification of engineers, renewal of licenses, organizational
filings with the board by engineering entities, administrative
discipline, fees, and the receipt and disposition of board revenue,
as specified. The bill would also require a professional engineer,
on behalf of a public agency, to inspect, or be in responsible charge
of the inspection of, an infrastructure project. The imposition of
this new requirement on local agencies would create a state-mandated
local program.
The act imposes various civil and criminal penalties on
individuals for failure to comply with certain requirements under the
act. By revising these requirements, this bill would create new
crimes and change the definition of existing crimes under the act,
thereby imposing a state-mandated local program.
(2) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement, including the creation of a State Mandates Claims Fund
to pay the costs of mandates that do not exceed $1,000,000 statewide
and other procedures for claims whose statewide costs exceed
$1,000,000.
This bill would provide that with regard to certain mandates no
reimbursement is required by this act for a specified reason.
With regard to any other mandates, this bill would provide that,
if the Commission on State Mandates determines that the bill contains
costs so mandated by the state, reimbursement for those costs shall
be made pursuant to the statutory provisions noted above.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 130 of the Business and Professions Code is
amended to read:
130. (a) Notwithstanding any other provision of law, the term of
office of any member of an agency designated in subdivision (b) shall
be for a term of four years expiring on June 1.
(b) Subdivision (a) applies to the following boards or committees:
(1) Medical Board of California.
(2) California Board of Podiatric Medicine.
(3) Physical Therapy Examining Committee.
(4) Board of Registered Nursing.
(5) Board of Vocational Nurse and Psychiatric Technician Examiners
of the State of California.
(6) State Board of Optometry.
(7) California State Board of Pharmacy.
(8) Veterinary Medical Board.
(9) California Board of Architectural Examiners.
(10) California State Board of Landscape Architects.
(11) State Board of Barbering and Cosmetology.
(12) State Board of Registration for Professional
Engineers and Land Surveyors.
(13) Contractors' State License Board.
(14)
(13) State Board of Guide Dogs for the Blind.
(15)
(14) State Board of Funeral Directors and Embalmers.
(16)
(15) Board of Behavioral Science Examiners.
(17)
(16) Structural Pest Control Board.
(18)
(17) Cemetery Board.
(19)
(18) Bureau of Electronic and Appliance Repair Advisory
Board.
(20)
(19) Court Reporters Board of California.
(21)
(20) State Board of Registration for Geologists and
Geophysicists.
(22)
(21) State Athletic Commission.
(23)
(22) Osteopathic Medical Board of California.
(24)
(23) The Respiratory Care Board of California.
(25)
(24) The Acupuncture Examining Committee.
(26)
(25) The Board of Psychology.
SEC. 2. Chapter 7 (commencing with Section 6700) of Division 3 of
the Business and Professions Code is repealed.
SEC. 3. Chapter 7 (commencing with Section 6700) is added to
Division 3 of the Business and Professions Code, to read:
CHAPTER 7. PROFESSIONAL ENGINEERS ACT
Article 1. General Provisions
6700. This chapter shall be known, and may be cited, as the
Professional Engineers Act.
6700.2. (a) The Legislature finds and declares that the practice
of engineering in this state shall be regulated pursuant to this
chapter in order to promote the general welfare and to protect the
life, health, and safety of the public.
(b) The Legislature further finds and declares that the granting
of the right to perform the practice of engineering is a privilege.
6700.5. It is presumed that a person named on a certificate of
licensure is a professional engineer if his or her license is not
expired, suspended, or revoked.
6700.7. (a) A professional engineer who provides inspection
services of a structure for its structural integrity, or of its
nonstructural elements affecting life and safety, at the scene of, or
arising from, a declared national, state, or local emergency caused
by a disaster, is not liable in negligence for any personal injury,
wrongful death, or property damage caused by the professional
engineer's inspection if the structure is used for human habitation,
or is owned by a public entity, and if the inspection was performed
in accordance with all of the following conditions:
(1) As a volunteer.
(2) Without compensation, or expectation of compensation.
(3) At the request of a public official, public safety officer, or
city or county building inspector acting in an official capacity.
(4) In good faith, even if negligently performed.
(b) The immunity provided by subdivision (a) applies only to an
inspection that is made within 30 days of the disaster.
(c) Subdivision (a) does not provide immunity for gross negligence
or willful misconduct.
(d) As used in subdivision (a):
(1) "Public safety officer" has the same meaning as defined in
Section 3301 of the Government Code.
(2) "Public official" means a state or local officer.
6701. Any reference in any other law or regulation to a licensed
or registered engineer, or to a licensed or registered civil
engineer, electrical engineer, or mechanical engineer, shall be
deemed to refer to a professional engineer, or to a professional
engineer authorized to practice civil engineering, electrical
engineering, or mechanical engineering, as the case may be.
6701.2. With respect to certificates of registration issued prior
to January 1, 1998:
(a) If the certificate states that the person named on the
certificate is registered as a professional engineer in a particular
discipline of engineering, that person is a professional engineer
authorized to practice that particular discipline of engineering.
(b) If the certificate states that the person named on the
certificate is registered as a particular discipline engineer, such
as a civil engineer, electrical engineer, or mechanical engineer,
that person is a professional engineer authorized to practice the
discipline of engineering specified on the certificate.
6701.5. The reenactment of this chapter by the Legislature during
the 1997-98 Regular Session shall have no effect on any order, rule,
or regulation, of the board in effect prior to the date of
reenactment, unless the order, rule, or regulation is inconsistent
with this chapter, in which case, this chapter shall take precedence
over any inconsistent order, rule, or regulation.
6705. Unless the context requires otherwise, the definitions set
forth in this article govern the construction of this chapter.
6705.3. "Authority" means the licensure of a professional
engineer authorized to practice civil engineering as a geotechnical
engineer or structural engineer.
6705.6. "Board" means the State Board for Professional Engineers
and Land Surveyors.
6706. "Certificate" means a certificate of licensure or a
certificate of authority that is issued to a professional engineer
pursuant to this chapter.
6706.3. "Certificate of authority" means the certificate issued
by the board to represent the licensure of the person named on the
certificate as a geotechnical engineer or structural engineer.
6706.6. "Certificate of licensure" means the certificate issued
by the board to represent the licensure of the person named on the
certificate as a professional engineer, including a certificate of
registration issued prior to January 1, 1998.
6707. "Civil engineering works" means fixed works for irrigation,
drainage, waterpower, water supply, flood control, inland waterways,
harbors, municipal improvements, railroads, highways, tunnels,
airports and airways, purification of water, sewerage, refuse
disposal, foundations, grading, framed and homogeneous structures,
buildings, or bridges.
6707.3. (a) "Engineer-in-training" means a person who holds an
engineer-in-training certificate issued pursuant to this chapter or
issued by another state.
(b) "Engineer-in-training" also includes a person who holds an
engineer intern certificate issued by another state.
6707.6. "Engineering documents" means, but is not limited to,
plans, specifications, calculations, estimates, plats, reports, and
related documents.
6708. (a) "Engineering entity" means all of the following:
(1) A firm.
(2) A partnership.
(3) An association.
(4) A corporation.
(5) A professional engineer who individually offers to perform, or
is performing, the practice of engineering in either of the
following cases:
(A) Under a name that is not his or her personal name pursuant to
his or her individual file with the board.
(B) Under his or her personal name pursuant to his or her board
individual file with the board, but employing one or more
professional engineers in responsible charge.
(b) For purposes of paragraph (5) of subdivision (a), neither of
the following shall be considered the nonuse of the personal name of
a professional engineer pursuant to the record filed with the board:
(1) The use of only the last name, or the first and last names, of
the professional engineer.
(2) The nonuse of a middle initial or middle name, or the use of a
middle initial in lieu of a middle name, of the professional
engineer.
6708.3. "Engineering surveying" means all of the following:
(a) Locating, relocating, establishing, reestablishing, or
retracing the alignment or elevation for civil engineering works.
(b) Determining the configuration or contour of the surface of the
earth, or the position of fixed objects thereon or related thereto,
by means of measuring lines and angles and by applying the principles
of trigonometry or photogrammetry.
(c) Creating, preparing, or modifying electronic or computerized
data in the performance of the activities specified in subdivisions
(a) and (b).
6708.6. "Executive officer" means the executive officer of the
board.
6709. "Fund" means the Professional Engineers and Land Surveyors
Fund.
6709.3. "Geotechnical engineering" means the investigation and
engineering evaluation of (a) earth materials, including, but not
limited to, soil, rock, groundwater, and manmade material, and (b)
the interaction of earth materials with earth retention systems,
structural foundations, and other civil engineering works, by the
application of the principles of soil mechanics and earth sciences,
the application of which requires a knowledge of engineering laws,
formulas, construction techniques, and performance evaluation of
civil engineering works influenced by earth materials.
6709.6. "Infrastructure" means the facilities and systems for the
following purposes that support the functioning and development of
the community, including, but not limited to, communication, flood
control, public utilities, transportation, waste treatment, disposal,
and storage, and water treatment, distribution, and storage.
6710. "Pocket certificate" means a wallet-sized certificate
issued to a licensee showing all of the following information:
(a) Name of the licensee.
(b) His or her address.
(c) His or her license number.
(d) The expiration date of the license.
(e) His or her title for (1) the discipline of engineering in
which he or she is authorized to practice, or (2) the authority,
under the license number.
6710.3. "Practice of engineering" means both of the following
with respect to the disciplines of engineering in which the board,
pursuant to Section 6720.7, is currently examining applicants for
authorization to practice:
(a) Any engineering service, including, but not limited to,
consultation, designing and planning, research and development,
investigation, testing, and evaluation, construction and production,
operation and organization, and economic analysis, that requires
engineering education, training, and experience in order to be able
to apply mathematical, scientific, and engineering principles with
commensurate judgment to competently perform that service with
respect to, but not limited to, facilities, systems, processes,
materials, and products.
(b) The coordination of any of the services specified in
subdivision (a).
6710.6. "Professional engineer" means a person who holds a
license and a certificate of licensure pursuant to this chapter that
is not expired, suspended, or revoked.
6711. "License" means the authorization granted by the board to a
person to be any of the following:
(a) A professional engineer.
(b) A geotechnical engineer or a structural engineer.
(c) A consulting engineer pursuant to Section 6731.3.
6711.3. "Licensee" means a person who holds a license even if the
license is expired, suspended, or revoked.
6711.6. (a) "Responsible charge" means the independent control
and direction, by the use of initiative, professional skill, and
independent judgment, in the practice of engineering.
(b) "Responsible charge" does not refer to the concept of
financial liability.
6712. "Seal" means stamp also.
6712.3. (a) "Supervision of construction" means the periodic
observation of materials and completed work to determine general
compliance with plans, specifications, and design and planning
concepts with respect to civil engineering works.
(b) "Supervision of construction" does not include responsibility
for the superintendence of construction processes, methods, and
means, site conditions, operations, equipment, personnel, or the
maintenance of a safe place to work or any safety in, on, or about
the site of construction.
(c) For purposes of subdivision (a), "periodic observation" means
visits by a professional engineer, or his or her subordinate, to the
site of construction.
6712.6. "Subordinate" means a person who assists, without
assuming responsible charge, a professional engineer in the practice
of engineering.
Article 2. Board
6715. (a) The State Board of Registration for Professional
Engineers and Land Surveyors is continued in existence as the State
Board for Professional Engineers and Land Surveyors in the Department
of Consumer Affairs.
(b) Any reference in any law or regulation to the State Board of
Registration for Professional Engineers and Land Surveyors shall be
deemed to refer to the State Board for Professional Engineers and
Land Surveyors.
(c) This section shall become inoperative on July 1, 1998, and, as
of January 1, 1999, is repealed, unless, later enacted statute,
which becomes effective on or before, January 1, 1999, deletes or
extends the dates on which it becomes inoperative and is repealed.
6715.2. The board consists of 13 members as follows:
(a) Five professional engineers.
(b) One land surveyor licensed pursuant to the Professional Land
Surveyors' Act (Chapter 15 (commencing with Section 8700)).
(c) Seven public members.
6715.5. The board shall be appointed as follows:
(a) The Governor shall appoint the following members:
(1) Five professional engineers.
(2) One licensed land surveyor.
(3) Five public members.
(b) The Senate Committee on Rules shall appoint one public member.
(c) The Speaker of the Assembly shall appoint one public member.
6715.7. A member shall meet all of the following requirements:
(a) Be a citizen of the United States.
(b) Be at least 30 years of age.
(c) Be a resident of this state for at least five years
immediately prior to appointment.
6716. A person who is a professional engineer, and a land
surveyor licensed pursuant to the Professional Land Surveyors' Act
(Chapter 15 (commencing with Section 8700)), may fill only one of the
appointments specified in subdivision (a) of Section 6715.2 or the
appointment specified in subdivision (b) of that section.
6716.2. (a) Of the five professional engineers, one professional
engineer shall be authorized, pursuant to his or her certificate of
licensure, to practice each of the following disciplines of
engineering:
(1) Civil engineering.
(2) Electrical engineering.
(3) Mechanical engineering.
(4) Civil engineering and is licensed as a structural engineer.
(5) Any other discipline of engineering.
(b) In the case of a professional engineer who is authorized to
practice two or more disciplines of engineering or is licensed as a
structural engineer, the professional engineer may fill only one of
the above appointments.
6716.5. (a) A professional engineer, or the land surveyor
licensed pursuant to the Professional Land Surveyors' Act (Chapter 15
(commencing with Section 8700)), shall have not less than 12 years
of professional experience and be of good standing in the profession.
(b) For purposes of subdivision (a), "professional experience"
means experience in the practice of engineering or land surveying, as
the case may be, acquired after being licensed or registered as a
professional engineer or licensed as a land surveyor in this state or
any other state.
(c) With respect to the 12 years of professional experience
required pursuant to subdivision (a), not less than six years of that
experience shall have been acquired in this state immediately
preceding the appointment while being licensed as a professional
engineer or as a land surveyor in this state.
6716.7. A public member shall not be, or have been, either of the
following:
(a) Licensed or registered as a professional engineer in this
state or any other state.
(b) Licensed as a land surveyor in this state or any other state.
6717. (a) Except as provided in subdivision (b), the term of
appointment is four years, expiring on June 30 of the fourth year
following the year in which the previous term expired.
(b) The term of appointment to fill a vacancy is for the remainder
of the unexpired term, with the appointment to be made by the
appointing power for that vacancy.
6717.2. (a) Except as provided in Section 105.5, a member shall
not serve more than two consecutive four-year terms.
(b) For purposes of subdivision (a), serving three years or more
of a term shall be deemed service for a four-year term.
6717.5. The members serving on December 31, 1997, shall continue
to serve until the June 30 following the expiration of the members'
present terms pursuant to former Section 6712, as enacted by Section
3.5 of Chapter 732 of the Statutes of 1985.
6717.7. The Governor may remove any member for misconduct,
incompetence, or neglect of duty.
6718. Each member shall receive the per diem and expenses as
provided in Section 103.
6718.2. The board shall hold not less than four regular meetings
annually. The board shall hold special meetings pursuant to its
rules and regulations.
6718.5. A majority of the board, at a board meeting, constitutes
a quorum.
6718.7. The vote required to authorize the board to take any
action is a majority of the members present at a board meeting.
6719. The board shall adopt regulations pursuant to the rule
making provisions of the Administrative Procedure Act (Chapter 3.5
(commencing with Section 11340) of Part 1 of Division 3 of Title 2 of
the Government Code) to carry out the powers granted to, and the
duties imposed upon, the board by this chapter and any other
provision of law.
6719.2. (a) The board shall appoint an executive officer who
shall serve at the pleasure of the board.
(b) The executive officer shall receive a salary to be fixed and
determined by the board with the approval of the Department of
Personnel Administration.
(c) This section shall become inoperative on July 1, 1998, and, as
of January 1, 1999, is repealed, unless a later enacted statute,
which becomes effective on or before January 1, 1999, deletes or
extends the dates on which it becomes inoperative and is repealed.
6719.5. The executive officer shall administer the affairs of the
board as directed by the board and shall direct the staff of the
board.
6719.7. (a) The board may expressly delegate to the executive
officer any of its duties unless it is required specifically by law
to perform that duty.
(b) The executive officer may delegate to the members of the staff
of the board any duty delegated to him or her unless the executive
officer is required specifically by the board to perform the
delegated duty personally.
6720. The executive office shall keep a record of both of the
following:
(a) Applications submitted to the board.
(b) Action taken by the board on the applications.
6720.2. (a) The executive officer shall do all of the following:
(1) Prepare each even-numbered year a roster showing the names and
addresses of all professional engineers, including geotechnical and
structural engineers, and the names and addresses of those engineers
with an expired license.
(2) File a copy of the roster with the Secretary of State.
(3) Make copies of the roster available at a price fixed by the
board.
(b) The roster is a public record.
6720.5. Any member of the board or the executive officer may
administer oaths and may take testimony and evidence regarding any
matter within the jurisdiction of the board.
6720.7. (a) Civil engineering, electrical engineering, and
mechanical engineering are disciplines of engineering in which
applicants may apply for authorization to practice, and an applicant
shall pass the appropriate principles and practice examination in
order to be so authorized.
(b) The board, by regulation, shall specify the other disciplines
of engineering in which applicants may apply for authorization to
practice, and the principles and practice examination to be passed in
order to be so authorized.
6721. In exercising its discretion pursuant to subdivision (b) of
Section 6720.7, the board shall take into consideration, but not be
limited to, all of the following:
(a) The number of applicants who annually have taken, or the
estimated number of applicants who annually would take, the
examination for that discipline of engineering.
(b) Whether there is a national examination available for that
discipline of engineering.
(c) The number of postsecondary educational institutions that
offer a curriculum approved by the board in that discipline of
engineering.
(d) Whether the purpose of this chapter would be enhanced by
examination in that discipline of engineering.
6721.2. (a) The board, by regulation, may adopt a continuing
professional development program as a means to enhance public
protection by requiring that professional engineers continuously
maintain and upgrade their knowledge, skills, and abilities.
(b) For the renewal of licenses, the board, by regulation, may
require the professional engineer to comply with the program.
6721.5. The board, by regulation, may adopt a code of
professional practice to maintain a high standard of integrity in the
engineering profession, taking into consideration the codes of
professional practice adopted by national engineering societies.
6721.7. The board shall adopt an official seal and shall affix it
on all of the following:
(a) Engineer-in-training certificates.
(b) Certificates of licensure.
(c) Certificates of authority.
(d) Pocket certificates.
6722. The board may appoint technical advisory committees
consisting of not more than five members, who shall serve at the
pleasure of the board, to advise and assist the board with respect to
any of the following:
(a) Review and verification of applications submitted to the
board.
(b) Evaluation and investigation of alleged violations of this
chapter and of any provision of Division 1 (commencing with Section
100) and Division 1.5 (commencing with Section 475) under which the
board may act.
(c) Adoption of regulations, policies, and procedures of the
board.
(d) Any other matter assigned by the board.
6722.2. A member of a technical advisory committee shall be a
professional engineer with experience in the subject matter that is
within the jurisdiction of the committee.
6722.5. The board may appoint special committees consisting of
board members, professional engineers, or other persons, or any
combination thereof, to investigate matters regarding the practice or
regulation of the practice of engineering and submit reports on
their findings and recommendations to the board.
6722.7. A person who is not a board member, and is appointed to
serve on a committee pursuant to Section 6722 or 6722.5, shall serve
without compensation, but shall receive the per diem and expenses as
provided in Section 103.
6723. A person who is not a board member, and is appointed to
serve on a committee pursuant to Section 6722 or 6722.5, has the same
immunity as a public employee pursuant to Article 3 (commencing with
Section 820) of Chapter 1 of Part 2 of Division 3.6 of Title 1 of
the Government Code.
Article 3. Practice
6725. Except as otherwise provided in this chapter, only a person
who is a professional engineer shall perform, or offer to perform,
the practice of engineering, regardless of whether that practice is
in the private or public sector.
6725.3. (a) Unless not required to be licensed pursuant to any
other provision of this chapter, a person who is not a professional
engineer, but who was performing lawfully the practice of engineering
on December 31, 1997, in a discipline of engineering, other than
civil engineering, electrical engineering, or mechanical engineering,
may continue to practice that discipline of engineering.
(b) A person performing the practice of engineering pursuant to
subdivision (a) is subject to the jurisdiction of the board as if the
person were a professional engineer. However, the person may not be
disciplined for practicing in that discipline of engineering without
being a professional engineer.
(c) This section shall remain in effect only until January 1,
2000, and as of that date is repealed, unless a later statute that is
enacted before January 1, 2000, deletes or extends that date.
6725.6. A person who is not a professional engineer and was in
charge of engineering for an agency or department of the state, or of
a city or county, on January 1, 1985, and is serving continuously
thereafter in that capacity, is not required to be licensed pursuant
to this chapter.
6726. Subject to Sections 6726.3 and 6729.3, a professional
engineer may provide engineering services in connection with, or
supplementary to, any discipline of engineering in which the
professional engineer is authorized to practice pursuant to his or
her certificate of licensure.
6726.3. (a) A professional engineer shall perform the practice of
engineering only in the area of competence of the professional
engineer.
(b) The board shall determine the competence of a professional
engineer on the basis of the education, examination, training, and
experience of the professional engineer to perform the engineering
services provided.
6726.6. (a) For each discipline of engineering that the board
offers a principles and practice examination, the board, by
regulation, shall define that discipline, taking into consideration
the duties and tasks identified in the test plan adopted for the most
recent examination for that discipline and the duties and tasks
performed by professional engineers authorized to practice that
discipline.
(b) The definition of a discipline of engineering adopted by the
board pursuant to subdivision (a) further defines the term "practice
of engineering," as defined in Section 6710.3.
6727. (a) Notwithstanding
Section 6725.6, a professional engineer for a public agency shall
check, or be in responsible charge of checking, the engineering
documents that are required to be prepared by, or under the
responsible charge of, a professional engineer for a project if those
engineering documents are required to be submitted to the public
agency for review and approval as to the documents' code compliance.
(b) Subdivision (a) does not apply to a project whose engineering
documents are not required to be prepared by, or to be prepared
under, the responsible charge of a professional engineer.
(c) Subdivision (a) does not apply to engineering documents
prepared for a project of that approving public agency.
6727.3. A professional engineer, on behalf of a public agency,
shall perform the inspection, or be in responsible charge of the
inspection, of the construction of an infrastructure project.
6727.6. (a) A pre-engineered component to be used in a civil
engineering work is an element, system, or facility that is not
designed by a person licensed as a professional engineer in this
state, but is designed by a person licensed or registered as a
professional engineer in the state where the component was
manufactured.
(b) The pre-engineered component may be used in this state only if
the plans for the component and the other related engineering
documents are first reviewed, and signed and sealed, by a person
licensed as a professional engineer in this state.
6728. (a) If a remodeling project, including, but not limited to,
the remodeling of a store front, interior alterations, or the
installation of fixtures, furniture, cabinets, or equipment, involves
a structural addition or structural alteration to a building, a
professional engineer authorized in civil engineering shall determine
whether the addition or alteration affects the structural integrity
of the building or any of its structural elements.
(b) If the preliminary investigation indicates that the structural
addition or structural alteration affects the structural integrity
of the building, or any or its structural elements, a professional
engineer authorized in civil engineering shall prepare the necessary
engineering documents for the structural portion of the addition or
alteration.
6728.3. A professional engineer may practice land surveying, as
defined in Section 8726, if the professional engineer was granted
registration as a civil engineer prior to January 1, 1982.
6728.6. In addition to the professional engineers specified in
Section 6728.3, a professional engineer authorized to practice civil
engineering after January 1, 1982, may perform engineering surveying.
6729. With respect to a professional engineer who is authorized
to practice civil engineering, but is not authorized to practice land
surveying:
(a) The professional engineer may offer to provide land surveying
services incidental to his or her civil engineering practice if those
services are performed by, or under the direction of, a land
surveyor licensed pursuant to the Professional Land Surveyors' Act
(Chapter 15 (commencing with Section 8700)) or a professional
engineer who is authorized to practice land surveying.
(b) The professional engineer may manage or conduct, as a manager,
proprietor, or agent, a civil engineering practice that offers to
practice or provide incidental land surveying services as specified
in subdivision (a).
6729.3. (a) A professional engineer may not perform, or offer to
perform, geotechnical engineering or structural engineering unless
the professional engineer is authorized to practice civil
engineering.
(b) For purposes of this section, "structural engineering" means
____.
6729.6. A professional engineer may provide, or offer to provide,
construction project management services, including, but not limited
to, construction project design review and evaluation, construction
mobilization and supervision, bid evaluation, project scheduling,
cost-benefit analysis, claims review and negotiation, and general
management and administration of a construction project.
6730. If a professional engineer provides construction project
management services pursuant to Section 6729.6, the professional
engineer is responsible for only the services the professional
engineer contracted to provide.
6730.3. (a) No person, other than a professional engineer, may
use any of the following titles:
(1) Consulting engineer.
(2) Licensed engineer.
(3) Professional engineer.
(4) Registered engineer.
(5) Project engineer.
(6) Resident engineer.
(7) (A) The appropriate title for any discipline of engineering in
which a professional engineer may be authorized to practice by the
board.
(B) The appropriate title is the name of that discipline of
engineering with the dropping of "ing" from engineering.
(b) A professional engineer may not use any title pursuant to
paragraph (7) of subdivision (a) unless the professional engineer is
authorized to practice the appropriate discipline of engineering.
(c) Except as provided in this section, no person shall use any
abbreviation, word, or phrase, or any combination thereof, to state
or imply that the person is authorized to use any of the titles
specified in, or specified pursuant to, subdivision (a).
6730.6. (a) Notwithstanding Section 6730.3, the title that a
professional engineer may use when authorized to practice a
particular discipline of engineering, as determined pursuant to
paragraph (7) of subdivision (a) of that section, except for the
title of "civil engineer," may be used by any person who is not
required to be licensed pursuant to this chapter only when providing
engineering services to exempt industries as specified in Section
6737.3 or when soliciting to provide those engineering services.
(b) If the person uses the title in any document to solicit to
provide, or in any engineering document prepared in performing,
engineering services as specified in Section 6737.3, the document
shall not state or imply, in any manner, either of the following:
(1) The person is a professional engineer.
(2) The person is otherwise authorized to use the title except in
the limited circumstances authorized by this section.
(c) The authorization of subdivision (a) with respect to the use
of titles does not apply to those providing engineering services for
the preparation of engineering documents as specified in Section
6737.6.
6731. (a) No person shall use the title of "structural engineer,"
or "soil engineer," "soils engineer," or "geotechnical engineer,"
unless that person holds a license pursuant to Section 6754 or
6753.2, respectively.
(b) Except as provided in subdivision (a), no person shall use any
abbreviation, word, or phrase, or any combination thereof, to state
or imply that the person is authorized to use any of the titles
specified in subdivision (a).
6731.3. (a) The board has issued certificates authorizing the use
of the title "consulting engineer" to applicants who met the
requirements of one of the following statutory provisions:
(1) Chapter 933 of the Statutes of 1963, Chapter 1455 of the
Statutes of 1965, or Chapter 1049 of the Statutes of 1968.
(2) Former Section 6732.2, as enacted by Chapter 888 of the
Statutes of 1970.
(b) Notwithstanding Section 6730.3, a person who was issued a
certificate pursuant to a statutory provision specified in
subdivision (a) may continue to use the title "consulting engineer."
(c) A certificate issued to a person pursuant to paragraph (2) of
subdivision (a) is valid only as long as the photogrammetric surveyor
certificate issued to the person pursuant to the Professional Land
Surveyors' Act (Chapter 15 (commencing with Section 8700)) is valid.
(d) A person who was issued a certificate pursuant to a statutory
provision specified in subdivision (a) shall return the certificate
to the board within 30 days after the person no longer remains in
practice.
(e) Article 5 (commencing with Section 6765), Article 6
(commencing with Section 6770), Article 7 (commencing with Section
6780), Article 8 (commencing with Section 6785), and Article 9
(commencing with Section 6795) apply to all persons authorized to use
the title of "consulting engineer," and their certificates issued,
pursuant to a statutory provision specified in subdivision (a).
6731.6. The use of the word "certify" or "certification" by a
professional engineer in the practice of engineering or land
surveying, as defined in Section 8726, is an expression of
professional opinion regarding those facts or findings that are the
subject of the certification and is not a warranty or guarantee,
either express or implied.
6732. No person, other than the professional engineer, may use
any seal of the professional engineer authorized pursuant to this
chapter on any engineering document.
6732.3. If a license of a licensee is expired, suspended, or
revoked, the licensee may not use the seal for that license unless
the license is renewed or reinstated.
6732.6. (a) A professional engineer shall sign and seal, and
indicate the expiration date of his or her license on, the
engineering documents that the professional engineer prepared, or had
responsible charge of preparing, to indicate his or her
responsibility for them.
(b) If the engineering documents have multiple pages or sheets,
the signature and seal, with the expiration date of the license, are
required to appear only on the originals of the plans and plats and
on the original title sheet of the other types of engineering
documents.
6733. Notwithstanding Section 6732.6, a professional engineer who
signs or seals engineering documents is not responsible for any
damage caused by any subsequent changes to, or uses of, the
engineering documents, including changes or uses made by a state or
local agency, if those changes or uses are not authorized or approved
by the professional engineer.
6733.3. A professional engineer who signs or seals engineering
documents does not have a legal duty or responsibility for
supervision of construction of the project that is the subject matter
of those engineering documents, unless the professional engineer has
entered into a contract, and is allowed, to perform that
supervision.
6733.6. (a) If a professional engineer is required to provide as
built plans or record plans for an improvement or grading project and
the plans show changes during the construction process, all of the
following apply:
(1) If the professional engineer provided supervision of
construction of the project, the plans shall be based upon the field
observations of the professional engineer, or of his or her
subordinates, and the information received from the project owner,
project contractors, and public agencies.
(2) If the professional engineer did not provide supervision of
construction of the project, the plans shall be based on the
information received from the project owner, project contractors, and
public agencies, but need not be based upon a field verification or
investigation of the project, unless the professional engineer is
engaged to provide field verification services.
(3) The professional engineer is not required to include a
certificate or statement on as built plans or record plans on a basis
that is different from that specified in paragraph (1) or (2).
(b) It is the intent of this section to encourage the practice of
having professional engineers perform the supervision of
construction, as defined in Section 6712.3.
6734. With respect to the following reference in any local agency
ordinance, building code, regulation, or policy, this chapter does
not require:
(a) "Soil engineer," "soils engineer," or "geotechnical engineer"
to mean a person licensed as a geotechnical engineer pursuant to
Section 6753.2.
(b) "Soil engineering," "soils engineering," or "geotechnical
engineering" to mean activities required to be performed by a person
licensed as a geotechnical engineer pursuant to Section 6753.2.
6734.3. A subordinate is not required to be a professional
engineer.
6734.6. Federal officers and employees, in the scope of their
service with the federal government, are not required to be licensed
pursuant to this chapter.
6735. A person who holds a certificate issued pursuant to the
Architects Practice Act (Chapter 3 (commencing with Section 5500)) is
not required to be licensed pursuant to this chapter in order to
practice architecture.
6735.3. A person who holds a license issued pursuant to the
Professional Land Surveyors' Act (Chapter 15 (commencing with Section
8700)) is not required to be licensed pursuant to this chapter in
order to practice land surveying, as defined in Section 8726.
6735.6. A contractor who holds a license issued pursuant to the
Contractors' State License Law (Chapter 9 (commencing with Section
7000)) is not required to be licensed pursuant to this chapter in
order to offer to perform, or to perform, electrical or mechanical
engineering services if the services are performed on behalf of the
contractor by, or under the responsible charge of, a professional
engineer authorized to practice electrical engineering or mechanical
engineering, as the case may be.
6736. A contractor who holds a license in the appropriate
classification issued pursuant to the Contractors' State License Law
(Chapter 9 (commencing with Section 7000)) is not required to be
licensed pursuant to this chapter when doing either or both of the
following in connection with electrical, fire protection, or
mechanical systems or facilities the contractor has contracted to
construct:
(a) Design those systems or facilities in accordance with
applicable construction codes and standards.
(b) Prepare electrical, fire protection, or mechanical shop or
field drawings for those systems or facilities.
6736.3. A person is not required to be licensed pursuant to this
chapter upon meeting all of the following requirements:
(a) Is a nonresident of this state.
(b) Is authorized by another state to perform the practice of
engineering.
(c) Does not maintain a place of business in this state.
(d) Offers to perform the practice of engineering outside of this
state, and the engineering services contracted for is not for
facilities located, or to be located, in this state.
6736.6. Neither of the following is required to be licensed
pursuant to this chapter in order to make a financial appraisal and
valuation of real estate:
(a) A person holding a license issued pursuant to the Real Estate
Law (Part 1 (commencing with Section 10000) of Division 4) while
acting in the capacity of a real estate salesperson or a real estate
broker.
(b) A person holding a certificate or license issued pursuant to
the Real Estate Appraisers' Licensing and Certification Law (Part 3
(commencing with Section 11300) of Division 4) as a state certified
real estate appraiser or a state licensed real estate appraiser,
respectively.
6737. (a) A person is not required to be licensed pursuant to
this chapter in order to prepare engineering documents for any of the
following woodframe buildings:
(1) Single-family dwellings that are not more than two stories and
basement in height.
(2) (A) Multiple dwellings of not than four dwelling units that
are not more than two stories and basement in height.
(B) Subparagraph (A) does not authorize a person who does not hold
a certificate issued pursuant to the Architects Practice Act
(Chapter 3 (commencing with Section 5500)), or who is not a
professional engineer authorized to practice civil engineering, to
design multiple clusters of up to four dwelling units each to form
apartment or condominium complexes where the total exceeds four units
on any lawfully divided parcel.
(3) Agricultural and ranch buildings, unless the building official
having jurisdiction deems that undue risk to the public health,
safety, or welfare is involved.
(4) Garages, or other structures appurtenant to buildings
described in paragraphs (1), (2), and (3), that are not more than two
stories and basement in height.
(b) If any portion of a building exempted from this chapter by
subdivision (a) is not in substantial compliance with the
conventional framing requirements for woodframe construction
specified in Title 24 of the California Code of Regulations, or
tables of limitation for woodframe construction in the applicable
building code adopted by the local jurisdiction or the state, the
building official having jurisdiction shall require that a person who
holds a certificate issued pursuant to the Architects Practice Act,
or a professional engineer authorized to practice civil engineering,
to prepare, or be in responsible charge of the preparation of, the
engineering documents for that portion of the building.
6737.3. (a) An employee of, or an independent contractor to, a
manufacturing, mining, public utility, research and development, or
other industrial corporation is not required to be licensed pursuant
to this chapter in order to perform the practice of engineering with
respect to the products, systems, or services of the corporation or
any of its affiliates.
(b) For purposes of subdivision (a):
(1) "Product" does not include manufactured housing.
(2) "Service" does not include consulting engineering services to
other entities or persons.
(c) Subdivision (a) does not apply to either of the following:
(1) Engineering services for civil engineering works.
(2) Independent contractors working on communication lines and
equipment of a telegraph corporation, as defined by Section 236 of
the Public Utilities Code, or a telephone corporation, as defined by
Section 234 of the Public Utilities Code.
6737.6. Notwithstanding Section 6737.3, professional engineers
authorized to practice the appropriate disciplines of engineering
shall prepare the engineering documents in the planning, designing,
construction, operation, or maintenance of a nuclear powerplant.
6738. This chapter does not preclude a person or an entity in a
business other than the practice of engineering from employing, or
contracting with, professional engineers to perform engineering
services that are incidental to the business of that person or
entity, as the case may be.
6738.3. (a) A professional engineer granted retired status
pursuant to Section 6754.2 by the board shall not perform, or offer
to perform, the practice of engineering, but, notwithstanding
Sections 6730.3 and 6731, may continue to use any title the
professional engineer was authorized to use prior to being granted
retired status with the term "retired" before or after the title.
(b) Subdivision (a) does not apply to a professional engineer who
is authorized to return to the practice of engineering from retired
status.
Article 4. Licensure
6745. An applicant shall submit the required application form,
with all statements in the application form made under penalty of
perjury, and pay the appropriate application fee, to the board upon
applying for any of the following:
(a) Licensure as a professional engineer or, if a professional
engineer, authorization to practice a second or subsequent discipline
of engineering.
(b) Licensure as a geotechnical engineer or structural engineer.
(c) Temporary authorization.
(d) Certification as an engineer-in-training.
(e) Retired status.
(f) Return to the practice of engineering from retired status.
(g) Replacement license and certificate of practice.
(h) Duplicate certificate.
6745.2. An applicant applying for purposes of subdivision (a) of
Section 6745 shall specify the discipline of engineering in which the
applicant desires authorization to practice.
6745.5. An applicant shall submit an application form, and pay
the appropriate application fee, in both of the following cases:
(a) Each discipline of engineering in which the applicant seeks
authorization to practice.
(b) Each authority in which the applicant seeks to be licensed.
6745.7. An applicant failing an examination may be reexamined
upon submission of a reapplication, with all statements in the
reapplication form made under penalty of perjury, and pay the
appropriate reapplication fee, to the board.
6746. An applicant for certification as an engineer-in-training
shall meet both of the following requirements:
(a) He or she has committed no act or crime that is a ground for
denial of a license under Section 480.
(b) He or she has done one of the following:
(1) Completed satisfactorily three or more years of full-time
study in an engineering curriculum approved by the board.
(2) Graduated with a baccalaureate degree in either of the
following:
(A) An engineering curriculum not approved by the board.
(B) An engineering technology curriculum approved by the board.
(3) Graduated with a master's or doctoral degree in an engineering
curriculum approved by the board at either the graduate or
undergraduate level and with a baccalaureate degree in a
nonengineering curriculum.
(4) Completed three or more years of full-time engineering work
experience approved by the board.
6746.2. (a) The board shall grant certification as an
engineer-in-training, and an engineer-in-training certificate, to an
applicant for that certification if the applicant meets the
requirements of Section 6746 and passes the examination on
fundamentals of engineering.
(b) Neither the certification nor the engineer-in-training
certificate granted to a person as an engineer-in-training shall
grant that person any rights or privileges of a professional
engineer.
(c) The engineer-in-training certificate shall be valid until the
person named on the certificate is granted licensure as a
professional engineer pursuant to this article.
6746.5. The examination on fundamentals of engineering shall test
the applicant's knowledge of appropriate fundamental engineering
subjects, including mathematics and the basic sciences.
6746.7. An applicant for licensure as a professional engineer
shall meet all of the following requirements:
(a) He or she has committed no act or crime that is a ground for
denial of a license under Section 480.
(b) He or she submits evidence of eight or more years of
qualifying experience.
(c) He or she has been certified as an engineer-in-training by the
board or by another state by passing an examination on fundamentals
of engineering prepared by the National Council of Examiners for
Engineering and Surveying.
6746.8. (a) Notwithstanding subdivision (b) of Section 6746.7, an
applicant to take a principles and practice examination before
January 1, 1999, for licensure as a professional engineer, shall have
not less than six years of qualifying experience.
(b) This section shall remain operative only until January 1,
1999, and as of January 1, 2000, is repealed, unless a later enacted
statute, that is enacted before January 1, 2000, deletes or extends
that date.
6746.9. (a) Notwithstanding subdivision (b) of Section 6746.7, an
applicant to take a principles and practice examination on or after
January 1, 1999, but before January 1, 2000, for licensure as a
professional engineer, shall not have less than seven years of
qualifying experience, except as provided in subdivision (b).
(b) Notwithstanding subdivision (a), an applicant who the board
determined prior to January 1, 1999, was eligible to take a
principles and practice examination in a specific discipline of
engineering prior to that date shall remain eligible to take the
examination in that discipline even though the applicant does not
have seven years of qualifying experience.
(c) This section shall remain operative only until January 1,
2000, and as of January 1, 2001, is repealed, unless a later enacted
statute, that is enacted before January 1, 2001, deletes or extends
that date.
6747. (a) Notwithstanding subdivision (b) of Section 6748.7, an
applicant to take a principles and practice examination in a specific
discipline of engineering on or after January 1, 2000, for licensure
as a professional engineer, but who the board determined, prior to
that date, was eligible to take the examination in that discipline
prior to that date, shall remain eligible to take the examination in
that discipline after that date if the applicant has not less than
seven years of qualifying experience.
(b) This section shall remain in effect only until January 1,
2001, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2001, deletes or extends
that date.
6747.2. (a) The board shall grant an exemption from the
requirement of subdivision (c) of Section 6746.7 on the basis of any
of the following, if the applicant:
(1) Possesses an earned doctorate in a discipline of engineering
from a postsecondary educational institution where the undergraduate
or graduate curriculum for that discipline is approved by the board.
(2) Is serving in a tenure-track position as an assistant
professor or higher in an engineering curriculum approved by the
board.
(b) This section does not apply to an applicant to take any
principles and practice examination to be given on or after January
1, 2000, for licensure as a professional engineer.
(c) This section shall remain in effect only until January 1,
2003, and as of that date is repealed, unless a later statute that is
enacted before January 1, 2003, deletes or extends that date.
6747.5. To an applicant for licensure as a professional engineer,
the board shall grant a license, and a certificate of licensure, as
a professional engineer authorized to practice the discipline of
engineering in which the applicant was examined, if the applicant
meets the requirements of Section 6746.7 and passes all of the
following examinations:
(a) The examination on the principles and practice of engineering
for that discipline of engineering.
(b) The examination on this chapter, and the regulations of the
board regarding the practice of engineering.
(c) Additional examinations as follows:
(1) When applying for authorization to practice civil engineering,
the examinations on engineering surveying principles and on seismic
principles.
(2) When applying for authorization to practice a discipline of
engineering other than civil engineering, the examination on seismic
requirements for the installation of nonstructural elements in a
structure if the board adopts a regulation to this effect pursuant
to Section 6752.5.
6747.7. In determining the amount of qualifying experience to be
granted an applicant for purposes of subdivision (b) of Section
6746.7, on the basis of the educational achievement of the applicant
at the undergraduate level, the board shall take, if applicable, one
of the following actions:
(a) Shall grant four years for a baccalaureate degree in an
engineering curriculum approved by the board.
(b) May grant two years for a baccalaureate degree in either of
the following:
(1) An engineering curriculum not approved by the board.
(2) An engineering technology curriculum approved by the board.
(c) May grant, subject to subdivisions (a) and (b), not more than
one-half year for each year of satisfactory completion of
undergraduate study in an engineering curriculum. For purposes of
this subdivision, a year of study is at least 32 semester units or 48
quarter units.
6748. For the educational achievement of an applicant at the
graduate level in an engineering curriculum approved by the board at
either the graduate or undergraduate level, the board shall grant the
applicant, for purposes of subdivision (b) of Section 6746.7, the
amount of qualifying experience specified in the following applicable
subdivisions in lieu of the amount specified in Section 6747.7:
(a) Five years, for a master's or a doctoral degree with a
baccalaureate degree in an engineering curriculum approved by the
board.
(b) Four years, for a master's degree with a baccalaureate degree
in an engineering curriculum not approved by the board.
(c) Not more than three years, for a master's degree with a
baccalaureate degree in a nonengineering curriculum.
(d) Five years, for a master's and a doctoral degree with a
baccalaureate degree in an engineering curriculum not approved by the
board.
6748.2. For purposes of subdivision (b) of Section 6746.7, the
board may grant up to one year of qualifying experience for teaching
engineering courses that meet both of the following requirements:
(a) The engineering courses were taught at not lower than the
junior year level at a postsecondary educational institution.
(b) The courses were in an engineering curriculum approved by the
board.
6748.5. For purposes of subdivision (b) of Section 6746.7, the
board may not grant more than a total of five years of qualifying
experience pursuant to Section 6748.2 and Section 6747.7 or 6748.
6748.7. (a) An applicant for licensure as a professional engineer
shall not have less than eight years minus the years of qualifying
experience granted pursuant to Section 6748.2 and Section 6747.7 or
6748, subject to the limitation of Section 6748.5, of qualifying work
experience in the practice of engineering.
(b) Of the qualifying work experience required pursuant to
subdivision (a), the applicant shall have either of the following
amount of qualifying work experience, whichever is greater, in the
discipline of engineering that the applicant is applying for
authorization to practice:
(1) Two years.
(2) One-half of the required qualifying work experience.
6748.8. (a) Notwithstanding Section 6748.7, in the case of an
applicant approved by the board to take a principles and practice
examination with less than eight years of qualifying experience for
licensure as a professional engineer, the applicant shall have both
of the following:
(1) Either of the following amount of qualifying work experience
in the practice of engineering, whichever is the greater:
(A) Two years.
(B) The number of years of qualifying experience required pursuant
to Section 6746.8, 6746.9, or 6747, as the case may be, minus the
years of qualifying experience granted pursuant to Section 6748.2 and
Section 6747.7 or 6748, subject to the limitation of Section 6748.5.
(2) Either of the following amount of qualifying work experience,
whichever is greater, in the discipline of engineering that the
applicant is applying for authorization to practice:
(A) Two years.
(B) One-half of the required qualifying work experience.
(b) This section shall remain in effect only until January 1,
2001, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2001, deletes or extends
that date.
6749. (a) An applicant for licensure as a professional engineer
shall have gained the required qualifying work experience under the
responsible charge of a person holding a license or registration as a
professional engineer granted by any state or country.
(b) Notwithstanding subdivision (a), the board shall grant equal
credit for qualifying work experience acquired in any of the
following situations as with any other comparable qualifying work
experience:
(1) The armed forces of the United States.
(2) Employment with the United States.
(3) Employment, except in the discipline of civil engineering,
with any other entity whose engineers are not required to be licensed
pursuant to this chapter.
6749.2. With respect to the qualifying work experience required
of a professional engineer applying for authorization to practice a
discipline of engineering in which the professional engineer is not
authorized to practice, both of the following apply:
(a) The professional engineer shall submit evidence of two or more
years of qualifying work experience in the discipline of engineering
that the professional engineer is applying for authorization to
practice.
(b) The additional qualifying work experience required pursuant to
subdivision (a) shall not have been used previously by the
professional engineer in applying for authorization to practice in
any other discipline of engineering.
6749.5. A professional engineer shall be authorized to practice a
second or subsequent discipline of engineering, if the professional
engineer passes all of the following examinations:
(a) The appropriate examination on the principles and practice of
engineering for the second or subsequent discipline of engineering.
(b) The examination on this chapter, and the regulations of the
board regarding the practice of engineering for the second or
subsequent time.
(c) Additional examinations as follows:
(1) When applying for authorization to practice civil engineering,
the examinations on engineering surveying principles and on seismic
principles.
(2) When applying for authorization to practice a discipline of
engineering other than civil engineering, the examination on seismic
requirements for the installation of nonstructural elements in a
structure if the board adopts a regulation to this effect pursuant to
Section 6752.5.
6749.7. (a) A professional engineer who has passed all of the
required examinations specified in Section 6749.5 shall return to the
board all prior certificates of licensure issued to the professional
engineer, except as provided in subdivision (c).
(b) If the professional engineer returns to the board all of the
prior certificates of licensure, the board shall issue to the
professional engineer a certificate of licensure as a professional
engineer that does both of the following:
(1) Bears the same number as the certificate of licensure
initially issued to the professional engineer, unless the initial
certificate was issued to the professional engineer prior to January
1, 1998.
(2) States each discipline of engineering in which the
professional engineer is authorized to practice and the date of that
authorization.
(c) (1) If a professional engineer with a certificate of
registration issued prior to January 1, 1998, elects to retain that
certificate, the board shall issue to the professional engineer a
certificate of licensure that states only those disciplines of
engineering in which the professional engineer was authorized to
practice after that date.
(2) The professional engineer shall return to the board any other
certificate of licensure issued on or after January 1, 1998.
6750. The board may grant licensure, and a certificate of
licensure, as a professional engineer to an applicant who meets all
of the following requirements:
(a) Holds a license or registration as a professional engineer
that was granted to the applicant by any state or country and was
obtained by passing a written examination equivalent to that required
by this chapter and the regulations of the board for the granting of
the requested licensure at the time the license or registration of
the other state or country was granted.
(b) Meets the other requirements set forth in this chapter, and
the regulations of the board regarding the granting of the requested
licensure.
(c) Passes the examination on this chapter, and the regulations of
the board regarding the practice of engineering.
(d) Passes additional examinations as follows:
(1) When applying for authorization to practice civil engineering,
the examinations on engineering surveying principles and on seismic
principles.
(2) When applying for authorization to practice a discipline of
engineering other than civil engineering, the examination on seismic
requirements for the installation of nonstructural elements in a
structure if the board adopts a regulation to this effect pursuant to
Section 6752.5.
6750.2. (a) Except as provided in subdivision (b), the board
shall not grant, pursuant to Section 6750, a license that authorizes
an applicant to practice a discipline of engineering unless both of
the following requirements are met:
(1) The applicant passed a written examination, as specified in
subdivision (a) of Section 6750, for that discipline.
(2) The board examines applicants on the principles and practice
of engineering for that discipline.
(b) The board may accept the eight-hour principles and practice
examination of the National Council of Examiners for Engineering and
Surveying for structural engineering as a principles and practice
examination for civil engineering.
6750.5. The board shall not require applicants under Section 6750
to meet any requirements that are not required of applicants who are
applying for licensure by taking a principles and practice
examination given by the board.
6750.7. (a) The board may grant a temporary authorization to an
applicant to perform the practice of engineering in a particular
discipline of engineering for a specific project.
(b) The applicant shall meet all of the following requirements:
(1) Maintain no place of business in this state.
(2) Be authorized to practice in that discipline of engineering in
the state or country where the applicant maintains a place of
business.
(3) Demonstrate, by means of an appearance before the board,
satisfactory evidence of competence in that discipline of
engineering.
(4) Pass the examination on this chapter, and on the regulations
of the board regarding the practice of engineering.
(c) The temporary authorization shall be valid for the period
specified thereon, not to exceed 120 days.
6751. The board, by regulation, shall adopt the criteria to
approve engineering curricula, and engineering technology curricula,
of postsecondary educational institutions.
6751.2. The board, by regulation, shall adopt the procedure for
the evaluation of the education and engineering work experience of an
applicant for the granting of qualifying experience to meet the
requirements for both of the following:
(a) Licensure as a professional engineer or, if a professional
engineer, for authorization to practice a second or subsequent
discipline of engineering.
(b) Licensure as a geotechnical engineer or structural engineer.
6751.5. The examination on the principles and practice of
engineering shall test the applicant's ability to apply the applicant'
s knowledge and experience in the discipline of engineering that the
applicant is applying for authorization to practice.
6751.7. (a) The examination specified in subdivision (b) of
Section 6747.5, subdivision (b) of Section 6749.5, subdivision (c) of
Section 6750, and paragraph (4) of subdivision (b) of Section 6750.7
shall test the applicant's knowledge of this chapter, and the
regulations of the board regarding the practice of engineering.
(b) The board shall prepare, and distribute to applicants for
licensure as a professional engineer or, if a professional engineer,
authorization to practice a second or subsequent discipline of
engineering, all of the following:
(1) A copy of this chapter, and the regulations of the board
regarding the practice of engineering.
(2) A plain language pamphlet explaining this chapter and those
regulations.
(3) Any additional material that the board deems appropriate.
6752. For purposes of paragraph (1) of subdivision (c) of Section
6747.5, paragraph (1) of subdivision (c) of Section 6749.5, and
paragraph (1) of subdivision (d) of Section 6750, the examination on
engineering surveying principles shall test the applicant's knowledge
of engineering surveying principles, including terminology and
definitions, limitation of practice, field procedures and operation,
surveying calculations, and office procedure.
6752.2. For purposes of paragraph (1) of subdivision (c) of
Section 6747.5, paragraph (1) of subdivision (c) of Section 6749.5,
and paragraph (1) of subdivision (d) of Section 6750, the examination
on seismic principles shall test the applicant's knowledge, skill,
and ability to implement the seismic design aspects of civil
engineering works, including an understanding of the purpose and
scope of applicable codes, methods, and analysis necessary to
determine the forces in the lateral resisting elements.
6752.5. The board, by regulation, may require applicants for
authorization to practice a discipline of engineering, other than
civil engineering, to pass an examination that tests the applicant's
knowledge of seismic requirements for the installation of
nonstructural elements in a structure, if the board determines that
this knowledge is necessary in that discipline of engineering to
minimize earthquake-caused nonstructural damage in a structure.
6752.7. An applicant for licensure as a geotechnical engineer
shall meet both of the following requirements:
(a) He or she is a professional engineer authorized to practice
civil engineering.
(b) He or she submitted evidence of not less than four years of
professional civil engineering experience after the date the
applicant was authorized to practice civil engineering, with not less
than 50 percent of the annual experience being geotechnical
engineering qualifying experience.
6753. For purposes of Section 6752.7, "geotechnical engineering
qualifying experience" means being in responsible charge of
geotechnical engineering projects in at least 50 percent of the major
areas of geotechnical engineering, as determined by the board.
6753.2. To an applicant for licensure as a geotechnical engineer,
the board shall grant a license, and a certificate of authority, as
a geotechnical engineer, if the applicant meets both of the following
requirements:
(a) He or she meets the requirements of Section 6752.7.
(b) He or she passes the eight-hour examination in geotechnical
engineering approved by the board.
6753.5. An applicant for licensure as a structural engineer shall
meet both of the following requirements:
(a) Is a professional engineer authorized to practice civil
engineering.
(b) Has submitted evidence of not less than three years of
structural engineering qualifying experience after the date the
applicant was authorized to practice civil engineering.
6753.7. (a) For purposes of Section 6753.5, "structural
engineering qualifying experience" means being in responsible charge
of the design, rehabilitation, and investigation of multi-story
buildings or equivalent multi-level structures of steel, concrete,
wood, or masonry, or any combination thereof, to resist vertical and
lateral loads of a static and dynamic nature in conformance with
applicable local, state, and federal code requirements with respect
to design loads, materials, and detailing.
(b) For purposes of subdivision (a), "structure" means ____.
6754. To an applicant for licensure as a structural engineer, the
board shall grant a license, and a certificate of authority, as a
structural engineer, if the applicant meets both of the following
requirements:
(a) He or she meets the requirements of Section 6753.5.
(b) He or she passes the 16-hour examination in structural
engineering approved by the board.
6754.2. The board shall grant a professional engineer retired
status if the professional engineer meets all of the following
requirements:
(a) Has been a professional engineer for not less than 20 years.
(b) Is not performing the practice of engineering.
(c) Is not on probation or his or her license is not suspended or
revoked.
(d) Is not delinquent in the payment of the renewal fees for any
of his or her license.
6754.5. The board shall return a professional engineer on retired
status to the practice of engineering if the professional engineer
meets both of the following requirements:
(a) He or she committed no act or crime that is a ground for the
denial of a license on the basis of the grounds specified in Section
480.
(b) He or she passes all of the appropriate examinations specified
in Section 6747.5.
6754.7. With respect to a professional engineer on retired status
who is returned to the practice of engineering and who, prior to
being granted retired status, was authorized to practice two or more
disciplines of engineering, the professional engineer shall return to
the board any certificate that states that the professional engineer
is authorized to practice in a discipline of engineering in which
the professional engineer has not been successfully examined again
pursuant to subdivision (b) of Section 6754.5.
6755. A professional engineer on retired status who is returned
to the practice of engineering shall return to the board any
certificate of authority unless the professional engineer again
passes the appropriate examination in geotechnical engineering or
structural engineering.
6755.2. A majority vote of the board is required to grant any of
the following to an applicant:
(a) Licensure as a professional engineer, or authorization to
practice a second or subsequent discipline of engineering, and a
certificate of licensure.
(b) Licensure as a geotechnical engineer or a structural engineer
and a certificate of authority.
(c) Temporary authorization.
(d) Certification as an engineer-in-training and an
engineer-in-training certificate.
(e) Retired status.
(f) Return to the practice of engineering from retired status.
6755.5. (a) A majority of the board may rescind any of its
actions taken pursuant to Section 6755.2 if that action was taken by
mistake.
(b) The board shall revoke the license, temporary authorization,
certification, retired status, or return to the practice of
engineering from retired status granted to the applicant by mistake,
and the applicant shall return to the board any corresponding
certificate, including an engineer-in-training certificate, issued to
him or her.
(c) Offering to perform, or performing, the practice of
engineering, or the use of any title, by the applicant on the basis
of the action taken by the board by mistake is not a violation of
this chapter for purposes of Article 7 (commencing with Section 6780)
and Article 8 (commencing with Section 6785).
6755.7. The board shall issue a pocket certificate upon the
issuance of a license, authorization to practice a second or
subsequent discipline of engineering, or return to the practice of
engineering from retired status.
6756. With respect to examinations, the board shall do both of
the following:
(a) Determine the time when, and the place where, examinations are
to be held.
(b) Adopt the scope of the examinations and the procedures for the
administration of examinations.
6756.2. (a) The board may deny the application of an applicant
for any examination, for a period not to exceed three years, for a
violation by the applicant of any of the following:
(1) Section 123.
(2) Regulations of the board regarding examination procedures.
(3) Provisions of the examinee instructions.
(4) Provisions of the statement of compliance.
(b) In determining the length of the period of denial to the
applicant, the board shall consider, but not be limited to, all of
the following factors:
(1) The conduct that was engaged in by the applicant.
(2) Whether the applicant has repeatedly violated the section, the
regulations, and the provisions specified in subdivision (a).
(3) Whether the applicant has submitted a letter of advisement of
his or her understanding of, and intent to comply with, the section,
the regulations, and the provisions specified in subdivision (a) when
taking any future examination given by the board.
(c) For a violation of Section 123, the penalty specified in
subdivision (a) is in addition to any other penalties authorized to
be imposed, and any damages any costs authorized to be recovered, by
other provisions of law for that violation.
6756.5. (a) A professional engineer shall obtain a seal or stamp
of a design, as specified in the regulations of the board, that bears
the professional engineer's name, the number of the license, the
legend "professional engineer," and the designation of the discipline
of engineering in which the professional engineer is authorized to
practice.
(b) (1) The seal or stamp may bear the expiration date of the
license.
(2) If the seal or stamp does not bear the expiration date, the
professional engineer shall indicate, on any engineering document on
which the seal or stamp is used, the expiration date within the
sealed or stamped area.
(c) (1) The seal or stamp may bear the designation of all of the
disciplines of engineering in which the professional engineer is
authorized to practice.
(2) If the disciplines of engineering in which the professional
engineer is authorized to practice are under different licenses and
the seal bears an expiration date, that expiration date shall be the
expiration date of the license that will expire first.
6756.7. A professional engineer who is authorized to practice
civil engineering and is licensed as a geotechnical or structural
engineer shall obtain a seal of a design, as specified by the board
pursuant to subdivision (a) of Section 6756.5, except that the seal
shall bear the term "geotechnical engineering" or "structural
engineering," as the case may be, and the authority license number in
place of the term "civil engineering" and the professional
engineering license number.
6757. (a) The board may grant a replacement license, and a
replacement certificate of practice, to replace all of the
registrations and certificates of registration of the professional
engineer dated prior to January 1, 1998.
(b) The initial expiration date of the replacement license is the
expiration date of the replaced registration that will expire first.
6757.2. The board may issue a duplicate certificate of licensure,
certificate of authority, certificate authorizing the use of the
title of "consulting engineer," engineer-in-training certificate, or
pocket certificate to replace that certificate if it is lost,
destroyed, or mutilated.
Article 5. Renewal of Licenses
6765. (a) Upon renewal, a license shall be valid for four years
from its previous assigned date of expiration or, in the case of the
initial renewal, for four years from the commencement of the first
quarter that begins more than 90 days after the board has approved
the issuance of the license.
(b) Quadrennial renewals of licenses shall be staggered on a
monthly basis to even out, to the extent possible, the workload of
the board in renewing licenses.
6765.2. A licensee shall be responsible for the renewal of his or
her license even if the licensee does not receive a renewal notice
from the board.
6765.5. (a) As a service to licensees, not less than 60 days, or
more than 90 days, prior to the expiration of a licensee's license,
the board shall mail a renewal notice, that shall include a renewal
application, to the licensee at his or her address, as indicated in
his or her individual file with the board.
(b) If the licensee does not renew a license by the expiration
date indicated on the renewal application, the board shall mail a
second notice to the licensee.
6765.7. The date of renewal of a license by a licensee is either
of the following:
(a) The postmarked date of the mail sent by the licensee to the
board with the renewal application, the renewal fee, and, if
applicable, the delinquency fee.
(b) The date the licensee, in person, submits to the board the
renewal application, the renewal fee, and, if applicable, the
delinquency fee.
6766. To renew an unexpired license, the licensee, on or before
the expiration date, shall return the renewal application, and pay
the renewal fee, to the board.
6766.2. (a) A license not renewed, on or before its expiration
date, shall constitute an expired license except as provided in
subdivision (b) of Section 6766.5.
(b) Except as provided in subdivision (a) of Section 6768.2, an
expired license only may be renewed pursuant to Section 6766.5,
6766.7, or 6767, depending on the length of the expiration period.
(c) The renewal of an expired license does not extend the renewal
period for which the renewal fee is required to be paid, and the
expiration date set pursuant to Section 6765 for the expired license
shall not be affected by the late renewal.
6766.5. (a) If the date of renewal of a license is 60 days or
less after the expiration date, the licensee may renew the expired
license as if the license had not expired by returning the renewal
application, and paying the renewal fee, to the board.
(b) The license shall be deemed not to be expired during this
60-day period for purposes of this chapter only if the licensee
renews the license during the 60-day period.
6766.7. If the date of renewal of a license is more than 60 days,
but less than three years, after the expiration date, the licensee
may renew the expired license by returning the renewal application,
and paying the renewal fee and the delinquency fee, to the board.
6767. If the date of renewal of a license is more than three
years after the expiration date, the licensee may renew the license
only if the licensee meets all of the following
requirements:
(a) He or she has committed no act or crime that is a ground for
the denial of licensure on the basis of the grounds specified in
Section 480.
(b) He or she does either of the following, as required by the
board:
(1) Passes all of the examinations required, as if the licensee
were applying for licensure for the first time.
(2) Establishes to the satisfaction of the board, with due regard
to the protection of the public interest, that the licensee is
qualified to perform the practice of engineering, including, but not
limited to, passing any of the required examinations.
(c) Does either or both of the following, as may be required by
the board:
(1) Pays the application fee to take any of the required
examinations as if applying for licensure for the first time.
(2) Pays all of the accrued renewal fees and delinquency fees, if
the licensee is not required to take all of the required
examinations, as specified in paragraph (1) of subdivision (b).
6767.2. The board shall issue to the licensee a pocket
certificate when the licensee renews his or her license.
6767.5. (a) For purposes of renewing a license pursuant to
Section 6767, or reinstating a license pursuant to Section 6768.2, of
a licensee authorized to practice two or more disciplines of
engineering, the board, in lieu of renewing or reinstating the
expired license, may grant to the licensee a new license that does
not authorize the licensee to practice all of the disciplines of
engineering in which the licensee was authorized previously under the
expired license.
(b) The certificate for the new license shall be the initially
issued certificate for purposes of paragraph (1) of subdivision (b)
of Section 6749.7.
(c) For purposes of paragraph (1) of subdivision (b) of Section
6767, the required examinations shall include the examination on the
principles and practice of engineering in each of those disciplines.
6767.7. Section 6767.5 shall not apply to a licensee who is
renewing his or her license pursuant to Section 6767 if the license
being renewed authorizes the licensee to practice only one discipline
of engineering.
6768. (a) A suspended license shall be subject to expiration and
may be renewed as provided in this article.
(b) The renewal of a suspended license, however, shall not
authorize the licensee to perform the practice of engineering, or to
engage in any other activity or conduct, in violation of the order or
judgment that suspended the license.
6768.2. (a) A revoked license is subject to expiration as
provided in this article and may not be renewed.
(b) If the board authorized the reinstatement of a revoked license
after it has expired, the licensee, as a condition of reinstatement
of his or her revoked license, shall follow the procedure for the
renewal of licenses specified in Section 6766.5, 6766.7, or 6767,
depending on the length of the expiration period.
6768.5. With respect to a licensee whose expired license is
renewed or reinstated, all of the following apply:
(a) The board shall continue to have jurisdiction over the
licensee as if the license had not expired at any time, including the
period during which the license was expired.
(b) (1) The fact that the engineering services were performed by
the licensee during the period that the license had expired, shall
not mean that the engineering services were not otherwise lawful and
validly performed.
(2) Notwithstanding paragraph (1), those engineering services
shall not be considered to be lawfully and validly performed for
purposes of Article 7 (commencing with Section 6780) and Article 8
(commencing with Section 6785).
(c) The renewal of the license by, or the reinstatement of the
license to, the licensee, or the performance of any engineering
services by the licensee during the period the license was expired,
shall not effect any liability issues with respect to those
engineering services.
Article 6. Engineering Entities
6770. (a) An engineering entity shall not perform, or offer to
perform, the practice of engineering in this state unless it has
filed with the board an organization record that includes all the
required information.
(b) (1) A public entity performing the practice of engineering
shall file with the board an organization record that includes all
the required information.
(2) For purposes of this article, a public entity is also subject
to Sections 6770.7, 6771.2, 6771.5, 6771.7, and 6773.5.
(3) For purposes of this subdivision, "public entity" has the same
meaning as defined in Section 811.2 of the Government Code.
6770.2. An entity performing the practice of engineering is not
required to file an organization record with the board upon meeting
all of the following requirements:
(a) The entity is a nonresident of the state.
(b) The entity is authorized by another state to perform the
practice of engineering.
(c) The entity does not maintain a place of business in the state.
(d) The entity offers to perform in the practice of engineering
outside of this state, and the engineering services contracted for is
not for facilities located, or to be located, in this state.
6770.5. A person, firm, or corporation holding a license issued
pursuant to the Real Estate Law (Part 1 (commencing with Section
10000) of Division 4), while acting in the capacity of a real estate
salesperson or a real estate broker, is not required to file an
organization record with the board in order to make a financial
appraisal and valuation of real estate.
6770.7. The organization record filed with the board shall
contain, but not be limited to, all of the following information:
(a) Name of the engineering entity.
(b) Type of entity and, if a corporation, the date and place of
incorporation.
(c) Location in this state of each office of the entity.
(d) Name of each officer and director, if any, of the entity.
(e) Discipline of engineering services to be offered.
(f) For each professional engineer in responsible charge, all of
the following:
(1) Name.
(2) Position.
(3) Professional engineering license number.
(4) Discipline of engineering in which authorized to practice.
(5) Authority license number, if applicable.
(6) Responsible charge in which discipline of engineering
services.
6771. For purposes of subdivision (c) of Section 6770.7 and
Section 6773.7, "office" shall not include a temporary field office
located on a project construction site.
6771.2. Not more than 30 days after the effective date of any
change in any of the information required pursuant to Section 6770.7
in the organization record of an engineering entity, the entity shall
file an amended organization record with the board that includes all
the required information.
6771.5. Upon notification from the board that the filing of an
organization record, or amended organization record, is required, the
board shall impose a penalty, pursuant to subdivision (b), on an
engineering entity for failing to file with the board an organization
record, or an amended organization record, that includes all the
required information.
(b) The penalty specified in subdivision (a) shall be fifty
dollars ($50) for each day the record is not filed, commencing 10
days after the postmarked date of the notification sent by the board
until the earlier of the following:
(1) The postmarked date of the mailing of the record and, if
necessary, the penalty paid to the board.
(2) The date of receipt of the record and penalty by the board.
(c) Except as provided in Section 6780.5, the penalty specified in
subdivision (b) shall be the sole penalty for a violation of Section
6770 or 6771.2.
6771.7. (a) An engineering entity shall report to the board any
settlement, arbitration award, or judgment exceeding five thousand
dollars ($5,000) for deceit, fraud, misrepresentation, breach of
contract, negligence, or incompetence, or any combination thereof,
within 60 days after consent to the settlement, service of the
arbitration award, or pronouncement of the judgment, in the practice
of engineering against either of the following:
(1) The engineering entity.
(2) A professional engineer employee of the engineering entity if
the amount, or a portion of the amount, imposed pursuant to the
settlement, arbitration award, or judgment was paid by, or on behalf
of, the engineering entity.
(b) For purposes of subdivision (a), settlement does not include a
settlement in which there is no expressed admission by the
engineering entity or the professional engineer employee that any of
the offenses specified in subdivision (a) were committed.
6772. (a) For the name, or the last name, of a person to be used
in the name of an engineering entity, that person shall be one of the
following:
(1) A professional engineer.
(2) An architect licensed pursuant to the Architects Practice Act
(Chapter 3 (commencing with Section 5500)).
(3) A geologist registered pursuant to the Geologist and
Geophysicist Act (Chapter 12.5 (commencing with Section 7800)).
(4) A land surveyor licensed pursuant to the Professional Land
Surveyors' Act (Chapter 15 (commencing with Section 8700)).
(b) Notwithstanding subdivision (a), in the case of an
out-of-state entity, the name, or the last name, of a person not so
licensed or registered in this state may be used if that person is so
licensed or registered by the appropriate board of another state.
6772.2. An engineering entity may use, in its name, the name of a
deceased or retired person if all of the following conditions are
satisfied:
(a) The person's name had been used in the name of the entity, or
a predecessor in interest of the entity, prior to and continuously
after the death or retirement of the person.
(b) The person had been an owner, a shareholder, an officer, or a
director of the entity or a predecessor in interest of the entity.
(c) The person had been licensed or registered as a professional
engineer, an architect, a geologist, or a land surveyor by the
appropriate licensing board of any state.
(d) The person has consented to the use of his or her name and
does not permit the use of that name in the name of another entity in
this state during the period of consent. However, the person, if
previously retired, may use his or her name as the name of a new or
purchased entity if the person's name used is not identical in every
respect to that person's name as used in the previous entity.
6772.5. A person's name or last name included in the name of an
engineering entity is applicable only to one person, unless the name
or last name is repeated.
6772.7. An engineering entity may use a fictitious name if it
does not conflict with Section 6772 or 6772.2.
6773. (a) Notwithstanding Sections 6772 and 6772.2, an
engineering entity that was engaged lawfully in the practice of
engineering on December 31, 1997, may use the name that it had on
that date.
(b) A succeeding entity of that entity may also use that name
after that date.
6773.2. A professional engineer who is an owner, a shareholder,
an officer, or a director of an engineering entity shall be in
responsible charge of the practice of engineering of the entity.
6773.5. The engineering documents provided by an engineering
entity shall be prepared by, or be prepared under, the responsible
charge of, a professional engineer.
6773.7. An engineering entity with an office in this state shall
have, at that office, a professional engineer who is physically
present on a regular basis and in responsible charge.
6774. (a) Any person whose name or last name is used in an
advertisement or offer of an engineering entity, but his or her name
is not included in the name of the engineering entity, shall be a
professional engineer.
(b) If the name or last name of a professional engineer is used in
an advertisement or offer of an engineering entity, and his or her
name or his or her last name is not included in the name of the
engineering entity, the engineering entity shall include, in the
advertisement or offer, both of the following:
(1) The license number of the professional engineer.
(2) The discipline of engineering in which the professional
engineer is authorized to practice.
6774.2. A person who is not a professional engineer may be an
owner, a shareholder, an officer, or a director of an engineering
entity.
Article 7. Penal Offenses
6780. The board shall investigate violations of this chapter, and
of any provision of Division 1 (commencing with Section 100) and
Division 1.5 (commencing with Section 475) under which the board may
act, and the executive officer shall aid the appropriate
prosecutorial agency in the prosecution of any person who committed
those violations.
6780.2. Unless otherwise specified in this chapter, a violation
of this chapter is a misdemeanor punishable by a fine of not more
than one thousand dollars ($1,000), or by imprisonment in a county
jail for not more than one year, or by both the fine and
imprisonment.
6780.5. No person shall submit false information to the board, or
to any member of the board, or to the executive officer, including,
but not limited to, an application, an organization record, or
evidence in an investigation.
6780.7. No person shall represent himself or herself as a
professional engineer, or as a geotechnical engineer or structural
engineer, unless the person is a professional engineer, or a
geotechnical engineer or structural engineer.
6781. No person shall impersonate any of the following:
(a) A professional engineer or a geotechnical engineer or
structural engineer.
(b) Another professional engineer, or another geotechnical
engineer or structural engineer, if the person is a professional
engineer.
(c) A former professional engineer or a former geotechnical
engineer or structural engineer.
6781.2. No person shall do either of the following:
(a) Use the seal of a professional engineer, or a geotechnical
engineer or structural engineer, or a former professional engineer,
or a former geotechnical engineer or structural engineer, unless the
person is a professional engineer, or a geotechnical engineer or
structural engineer using his or her own seal.
(b) Use anything to impersonate the seals used by professional
engineers, geotechnical engineers, or structural engineers.
6781.5. No person shall use the title "engineer-in-training" or
"engineer intern" or any other similar title, or the abbreviation
"EIT" or "EI" or any other similar abbreviation, to represent himself
or herself as a professional engineer, or as a geotechnical engineer
or structural engineer, or to state or imply the right to perform
the practice of engineering.
6781.7. No person shall offer to perform, or perform, the
practice of engineering under an expired, suspended, or revoked
license.
6782. (a) No person shall violate Section 119.
(b) For purposes of this section, "certificate," as used in
Section 119, also includes an engineer-in-training certificate, a
certificate authorizing the use of the title "consulting engineer,"
and a certificate of authority.
6782.2. No person shall be in responsible charge unless the
person is a professional engineer.
6782.5. Any person who violates Section 6725, 6730.3, 6731, or
Sections 6780.7 to 6782.2, inclusive, by offering to perform, or by
performing, engineering services for the repair of damage caused by a
natural disaster for which a state of emergency is proclaimed by the
Governor pursuant to Section 8625 of the Government Code, or for
which an emergency or major disaster is declared by the President of
the United States, are subject to either of the following fines:
(a) A fine of not more than ten thousand dollars ($10,000) or
imprisonment in the state prison for 16 months, or for two or three
years, or by both the fine and imprisonment.
(b) A fine of not more than one thousand dollars ($1,000), or
imprisonment in a county jail for not more than one year, or by both
the fine and imprisonment.
Article 8. Administrative Discipline
6785. The board may, upon its own motion, or shall upon the
filing of a written complaint under the penalty of perjury with the
board, investigate any act of a professional engineer in the practice
of engineering that is any of the following:
(a) Grounds for disciplinary action as specified in this article.
(b) Violation of any other provision of this chapter.
(c) Violation of any provision of Division 1 (commencing with
Section 100) and Division 1.5 (commencing with Section 475) under
which the board may act.
6785.2. For any act of a professional engineer in the practice of
engineering specified in Section 6785, the board may do any of the
following:
(a) Reprimand the professional engineer.
(b) Place the professional engineer on probation.
(c) Suspend, for not more than five years, the license of the
professional engineer.
(d) Revoke the license of the professional engineer.
(e) Issue a citation containing an order of abatement or an order
to pay an administrative fine, pursuant to Section 125.9.
(f) Take any other action authorized by any other provision of
law.
6785.5. Any action taken by the board pursuant to subdivision
(b), (c), or (d) of Section 6785.2 shall apply to all certificates
and licenses of the professional engineer, including any certificate
of authority and licensure in an authority.
6785.7. (a) With respect to a revoked license, the board, for
reasons it deems appropriate, may do any of the following:
(1) Reinstate the revoked license.
(2) Grant a new license in lieu of the revoked license.
(3) Impose conditions on the license that was reinstated or
granted.
(b) In lieu of reinstating a revoked license as a professional
engineer, the board may grant a new license that does not authorize
the licensee to practice all of the disciplines of engineering in
which the licensee was authorized previously under the revoked
license.
6786. (a) The fact that the professional engineer has been
convicted of a crime substantially related to the qualifications,
functions, and duties of a professional engineer shall be grounds for
disciplinary action.
(b) (1) A plea or a verdict of guilty, or a plea of nolo
contendere, is deemed a conviction for purposes of subdivision (a).
(2) The certified record of conviction is conclusive evidence of
that conviction.
(c) The board may suspend or revoke a license, or decline to grant
a license, regardless of a subsequent order under Section 1203.4 of
the Penal Code, upon the occurrence of any of the following:
(1) The time for appeal has elapsed.
(2) The judgment of conviction has been affirmed on appeal.
(3) An order granting probation is made suspending the imposition
of the sentence.
6786.2. The fact that the professional engineer has committed
deceit, fraud, or misrepresentation in the practice of engineering
shall be grounds for disciplinary action.
6786.5. The fact that the professional engineer has committed a
breach of contract in the practice of engineering shall be grounds
for disciplinary action.
6786.7. The fact that the professional engineer has committed
negligence in the practice of engineering shall be grounds for
disciplinary action.
6787. The fact that the professional engineer has committed
incompetence in the practice of engineering shall be grounds for
disciplinary action.
6787.2. The fact that the professional engineer has offered to
perform, or has performed, the practice of engineering while being an
owner, shareholder, officer, or director of an engineering entity
during a period that the entity does not have on file with the board
an organization record that includes all the required information
shall be grounds for disciplinary action.
6787.5. The fact that the person has committed deceit, fraud, or
misrepresentation in securing any of the following shall be grounds
for disciplinary action:
(a) Licensure as a professional engineer or authorization to
practice a second or subsequent discipline of engineering.
(b) Licensure as a geotechnical engineer or structural engineer.
(c) Temporary authorization.
(d) Authorization to use the title of "consulting engineer"
pursuant to Section 6731.3.
6787.7. The fact that a professional engineer has committed any
of the license offenses specified in Section 119 shall be grounds for
disciplinary action.
6788. (a) The fact that the engineer-in-training is guilty of any
of the following shall be grounds for the revocation of his or her
certification as an engineer-in-training and his or her
engineer-in-training certificate:
(1) The license offenses specified in Section 119 with respect to
an engineer-in-training certificate.
(2) Deceit, fraud, or misrepresentation in securing his or her
certification and certificate.
(b) In the case of certification by another state, the board may
elect not to recognize that certification for purposes of subdivision
(c) of Section 6746.7.
6788.2. (a) The fact that the professional engineer is
impersonating, or using a seal of, another professional engineer or a
former professional engineer, shall be grounds for disciplinary
action.
(b) The prohibition contained in subdivision (a) also applies to
the impersonation, and the use of a seal, of a geotechnical engineer
or structural engineer or of a former geotechnical engineer or
structural engineer.
6788.5. The fact that a professional engineer signed and sealed
engineering documents that were not prepared by, or under the
responsible charge of, the professional engineer shall be grounds for
disciplinary action, except with respect to a pre-engineered
component pursuant to Section 6727.6.
6788.7. The fact that a professional engineer has aided or
abetted any person to violate this chapter shall be grounds for
disciplinary action.
6789. The fact that a professional engineer has violated this
chapter shall be grounds for disciplinary action.
6789.2. (a) The fact that a professional engineer has failed to
report to the board any settlement, arbitration award, or judgment
exceeding five thousand dollars ($5,000) against the professional
engineer for deceit, fraud, misrepresentation, breach of contract,
negligence, or incompetence, or any combination thereof, in the
practice of engineering, within 60 days after consent to the
settlement, service of the arbitration award, or pronouncement of the
judgment, shall be grounds for disciplinary action.
(b) For purposes of subdivision (a), settlement does not include a
settlement in which there is no expressed admission by the
professional engineer, or the engineering entity employing the
professional engineer, that any of the offenses specified in
subdivision (a) were committed by the professional engineer.
6789.5. A professional engineer need not report any settlement,
arbitration award, or judgment pursuant to Section 6789.2 if the
amount, or a portion of the amount, imposed pursuant to the
settlement, arbitration award, or judgment was paid by, or on behalf
of, the engineering entity employing the professional engineer. In
that case, the engineering entity shall report the settlement,
arbitration award, or judgment, and the name of the professional
engineer, pursuant to Section 6771.7.
6789.7. For purposes of Sections 6789.2 and 6789.5, "engineering
entity" includes a public entity specified in subdivision (b) of
Section 6770.
6790. The proceedings under this article shall be conducted in
accordance with the administrative adjudication provisions of the
Administrative Procedure Act (Chapter 4.5 (commencing with Section
11400) and Chapter 5 (commencing with Section 11500) of Part 1 of
Division 3 of Title 2 of the Government Code), and the board shall
have all the powers granted to an agency in those chapters.
Article 9. Revenues
6795. (a) The Professional Engineer's and Land Surveyor's Fund is
continued in existence as the Professional Engineers and Land
Surveyors Fund.
(b) Any reference in any law or regulation to the Professional
Engineer's and Land Surveyor's Fund shall be deemed to refer to the
Professional Engineers and Land Surveyors Fund.
6795.2. All funds received pursuant to this chapter, and all
fines and recovered costs of investigations, shall be deposited in
the fund and, upon appropriation by the Legislature, shall be
available only for purposes of this chapter.
6795.5. The department shall receive and account for all funds
received pursuant to this chapter and all fines and recovered costs
of investigations. At the end of each month, the department shall
report the amount received to the Controller and transfer that amount
to the State Treasurer for deposit in the fund.
6795.7. With respect to fees imposed for licensure as a
professional engineer or, if a professional engineer, for
authorization to practice a second or subsequent discipline of
engineering, the board shall fix the amount of the fees as follows:
(a) Filing an initial application, not more than _ dollars ($_).
(b) Notwithstanding subdivision (a), filing an initial application
for authorization to practice civil engineering, not more than _
dollars ($_).
(c) Notwithstanding subdivision (a), filing an initial application
for authorization to practice a discipline of engineering for which
the board has adopted a regulation pursuant to Section 6752.5, not
more than _ dollars ($_).
(d) Filing an application for reexamination in a principles and
practice examination, the seismic principles examination, the
engineering surveying examination, or the nonstructural element
installation seismic examination, or any combination thereof, not
more than _ dollars ($_).
6796. With respect to fees for licensure as a geotechnical
engineer or structural engineer, the board shall fix the amount of
the fees as follows:
(a) Filing an initial application, not more than _ dollars ($_).
(b) Filing an application for reexamination, not more than _
dollars ($_).
6796.2. The board shall fix the amount of the fee for filing an
application for temporary authorization as a professional engineer at
not more than _ dollars ($_).
6796.5. The board shall fix the amount of the fee for filing an
application for certification as an engineer-in-training at not more
than _ dollars ($_).
6796.7. The board shall fix the
amount of the fee for filing an application for retired status at not
more than _ dollars ($_).
6797. The board shall fix the amount of the fee for filing an
application to return to the practice of engineering from retired
status at not more than _ dollars ($_).
6797.2. The board shall fix the amount of the fee for filing an
application for a replacement licensure and certificate of licensure,
other than for a duplicate certificate pursuant to Section 6757.2,
at not more than _ dollars ($_).
6797.5. The board shall fix the amount of the fee for filing an
application pursuant to Section 6757.2 for a duplicate certificate at
not more than _ dollars ($_).
6797.7. With respect to fees imposed for the renewal of a
license, the board shall fix the amount of the fees as follows:
(a) For an unexpired license, not more than _ dollars ($_).
(b) For an expired license, a delinquency fee of 50 percent of the
fee fixed pursuant to subdivision (a) in addition to the fee fixed
pursuant to that subdivision.
6798. With respect to appeals and reviews of the results of
examinations by applicants, the board shall do all of the following:
(a) Impose a fee on applicants who appeal or review the results of
their examinations.
(b) Fix, by regulation, the fee at an amount to generate
sufficient revenues to cover its cost in processing appeals and
reviews.
(c) Return the fee to an applicant if the appeal results in the
applicant passing the examination.
6798.2. The board, by regulation, shall fix the fee for any of
its documents in an amount to generate sufficient revenues to cover
its cost of producing the document.
6798.5. The board, pursuant to Section 158, may refund one-half
of the application fee paid by an applicant to take an examination if
the applicant is found by the board to be unqualified to take that
examination.
SEC. 4. No reimbursement is required by this act pursuant to
Section 6 of Article XIIIB of the California Constitution for certain
costs that may be incurred by a local agency or school district
because in that regard this act creates a new crime or infraction,
eliminates a crime or infraction, or changes the penalty for a crime
or infraction, within the meaning of Section 17556 of the Government
Code, or changes the definition of a crime within the meaning of
Section 6 of Article XIIIB of the California Constitution.
However, notwithstanding Section 17610 of the Government Code, if
the Commission on State Mandates determines that this act contains
other costs mandated by the state, reimbursement to local agencies
and school districts for those costs shall be made pursuant to Part 7
(commencing with Section 17500) of Division 4 of Title 2 of the
Government Code. If the statewide cost of the claim for
reimbursement does not exceed one million dollars ($1,000,000),
reimbursement shall be made from the State Mandates Claims Fund.
Notwithstanding Section 17580 of the Government Code, unless
otherwise specified, the provisions of this act shall become
operative on the same date that the act takes effect pursuant to the
California Constitution.