Alabama Administrative Code

The engineer or land surveyor shall exercise independent judgments, decisions and practices on behalf of clients and employers as follows: (a) The engineer or land surveyor shall attempt to avoid all conflicts of interest with his client or employer, but when a conflict of intere…

The engineer or land surveyor shall act competently and use proper care in performing engineering or land surveying services for clients or employers and shall act only in fields in which qualified by education, examination or experience as follows: (a) The engineer or land surve…

The engineer or land surveyor shall safeguard and preserve the confidences and private information of clients and employers as follows: (a) Except as permitted by Rule 330-X-14-.04(b), the engineer or land surveyor shall not knowingly: 1. Reveal a confidence or private informatio…

The engineer or land surveyor shall endeavor to build a practice and professional reputation on the merit of his services as follows: (a) The engineer or land surveyor shall not offer, or promise to pay or deliver, directly or indirectly, any commission, political contribution, g…

The engineer or land surveyor shall contribute to the maintenance, integrity, independence and competency of the engineering or land surveying profession as follows: (a) The engineer or land surveyor shall not:1. Violate any provision of the Alabama law regulating the practice of…

A corporation, partnership, or firm shall be held responsible for the conduct or acts of its agents, managing agents, employees, officers, partners, or owners, licensed or non-licensed. Notes Ala. Admin. Code r. 330-X-14-.07 Filed September 22, 1982. Amended: Filed November 14, 1…

The revocation, suspension, or denial of a license to practice engineering or land surveying in another jurisdiction, for reasons or causes which the Board finds would constitute a violation of the Alabama Law regulating the practice of engineering and land surveying or any rule,…

(1) Section 34-11-9, Code of Ala. 1975, provides that a firm, company, partnership, or corporation may engage or offer to engage in the practice of professional engineering or professional land surveying; provided, the managing agent of the corporation or firm or partners of the …

(1) All applications for certificates of authorization shall be made in the format provided by the Board and no applications made otherwise will be accepted. An application not properly completed, containing all of the information required, or accompanied by the required fee will…

Notes Ala. Admin. Code r. 330-X-15-.03 Repealed by Alabama Administrative Monthly Volume XLIII, Issue No. 03, December 31, 2024, eff. 2/14/2025. Author: Alabama State Board of Registration for Professional Engineers and Land Surveyors Statutory Authority: Code of Ala. 1975, § 34-…

(1) A certificate of authorization issued to a corporation, partnership or firm shall expire on January 31 of a specified year, if not renewed, and the corporation, partnership or firm may not offer or engage in engineering or land surveying services until the certificate of auth…

The Board may initiate action in cases where a person's actions or business entity's actions are in violation of the law. Complaints must be filed within two years of the date the violation occurred or within two years of the date of the discovery of the violation whichever is la…

Upon receiving a complaint the Executive Director shall refer the complaint to one member of the Board; provided, however, that if the complaint is first made to a Board member, then it shall be referred to that Board member. The Board member to whom a complaint is referred, the …

(1) The Board through it's Investigative Committee shall instruct the Board's attorney to prepare charges once the Investigative Committee determines that probable cause exists. (2) The charges shall be sent certified mail, return receipt requested, to the most recent address of …

(1) Pre-hearing discovery shall be permitted in accordance with this rule to the extent necessary to prevent fraud, conserve the Board's time, prevent undue surprise at hearing and facilitate the carriage of justice. (2) The attorney for the Board or the respondent may upon appli…

(1) Conduct of Hearing. (a) Hearing Officer. The Board may, in its discretion, and subject to the applicable provisions of the Alabama Administrative Procedures Act appoint a person to act as Hearing officer at disciplinary hearings. In the event a Hearing officer is appointed to…

(1) Upon a finding that respondent has violated any enumerated provision of Code of Ala. 1975, Sections 34-11-11, 34-11-15, 34-11-16, or any rule adopted pursuant to Code of Ala. 1975, Section 34-11-35, the Board shall impose any or all of the disciplinary penalties set forth in …

(1) Revocation or Surrender. Any person, corporation, partnership, or firm whose license, certification, or certificate of authorization has been revoked or surrendered may apply, when permitted by Law, to the Board for reissuance of the license, certification, or certificate of …

(1) No Board member shall be entitled to vote in any disciplinary matter if the Board member is personally biased, or if a conflict exits with the respondent, or if such voting would violate the provisions of the Alabama Administrative Procedure Act, Code of Ala. 1975, § 41-22-18…

If any of the rules and regulations of the Board which shall be known as "The Alabama State Board of Licensure for Professional Engineers and Land Surveyors Administrative Code" or any part thereof, or any sentence, paragraph, clause, phrase or word thereof is construed by the co…

(1) Any person who wishes to propose that the Board adopt, repeal or amend any rule may file a petition for adoption of rules on a form as provided by the Board. (2) The Board shall meet and consider any petition for adoption, repeal or amendment within ninety days of its submiss…

The Board shall give at least 35 days' notice of any proposed action on any rule by publication in the Alabama Administrative Monthly in compliance with the Alabama Administrative Procedure Act, Code of Ala. 1975, Section 41-22-5(a)(1). Notes Ala. Admin. Code r. 330-X-18-.02 File…

The Board shall permit all interested persons reasonable opportunity to submit data, views or arguments concerning any proposed rule action. Data, views or arguments submitted in writing must be received by the Executive Director before the date specified in the notice. Upon writ…

The Board shall consider all written and oral submissions concerning every proposed rule action. Upon adoption of a rule, if conflicting views are submitted on the proposed rule, the Board shall issue a concise statement of the principal reasons for and against its adoption, inco…

In the event the Board finds that an immediate danger to the public health, life, safety, welfare or property requires adoption of a rule upon fewer than 35 days' notice or that action is required by or to comply with a federal statute or regulation which requires adoption of a r…

All rules adopted by the Board shall otherwise substantively and procedurally comply with the provisions of the Alabama Administrative Procedure Act, Code of Ala. 1975, Chapter 22, Title 41. Author: Alabama State Board of Registration for Professional Engineers and Land Surveyors…

(1) Section 34-11-1, Code of Ala. 1975, provides for definitions of the following terms: Board, engineer or professional engineer, engineer intern, practice of engineering, land surveyor or professional land surveyor, land surveyor intern, practice of land surveying, practice and…

(1) All applications for licensure shall be made in the format provided by the Board and no applications made otherwise will be accepted. All questions must be accurately and thoroughly answered. An application not properly completed, containing all of the information required, o…

(1) A denied application may be considered by the Board, if written notice of appeal is received by the executive director within thirty days after the applicant has been notified of the ruling of the Board. (2) A hearing shall be held within a reasonable time after receipt of th…

(1) Approved Applications - When the Board, after due consideration of an application and of information pertaining thereto, is satisfied that the applicant is eligible for certification as an engineer intern or land surveyor intern, or licensure as a professional engineer or pro…

(a) Fees paid to the Board should be made only by credit card. (b) Examination fees that are payable to NCEES will be the responsibility of the examinee and will be done in accordance with NCEES procedures. Notes Ala. Admin. Code r. 330-X-4-.01 Filed September 22, 1982. Amended: …

(1) The application, licensure, reinstatement, and renewal fees for professional engineers, professional land surveyors, engineer interns, and land surveyor interns shall be set by the Board, as provided by Code of Ala. 1975, Section 34-11-5. (2) The application, reinstatement, a…

The examination fee for state specific examinations will be set by the Board and are contained in Appendix A to Chapter 4. Examination fees for examinations provided by NCEES are set by NCEES and will be paid directly to NCEES by the examinee. Notes Ala. Admin. Code r. 330-X-4-.0…

No fee, or part of any fee, paid to this board by any applicant for application, examination or licensure will be returned to the applicant, in the event of withdrawal of the application, denial of the application, or failure to take or pass the examination. Notes Ala. Admin. Cod…

The renewal and reinstatement fees shall be set by the Board. Renewal will be annually or biennially as established by the policies of the Board. Notes Ala. Admin. Code r. 330-X-4-.05 Filed September 22, 1982. Filed: November 14, 1984. Amended: Filed September 23, 1998; effective…

The fee for a copy of the Roster shall be set by the Board. Persons licensed or certified by the Board, governmental agencies, libraries, or professional societies will be provided a copy upon request without charge. Notes Ala. Admin. Code r. 330-X-4-.06 Filed September 22, 1982.…

Notes Ala. Admin. Code r. 330-X-4-.07 Filed September 22, 1982. Repealed: Filed September 23, 1998; effective October 28, 1998. Amended: Filed April 29, 2003; effective June 3, 2003. Repealed by Alabama Administrative Monthly Volume XLIII, Issue No. 03, December 31, 2024, eff. 2/…

The following educational requirements are specified in accordance with the Licensure Law which provides that the Board may approve schools, colleges, or universities in determining educational qualifications. (1) When considering applicants who are graduates of programs from a s…

In evaluating experience offered as qualifying experience under Code of Ala. 1975, § 34-11-4(1), (2), (3), the Board will take into consideration the following: (a) Experience must be progressive and of an increasing standard of quality and responsibility and usually follows grad…

(1) Experience must not have been obtained in violation of the Licensure Law. (2) The Board will not accept the mere execution as a contractor of work designed by a licensed professional engineer, or the supervision of the construction of such work as a foreman or superintendent …

(Repealed). Author: Alabama State Board of Registration for Professional Engineers and Land Surveyors Notes Ala. Admin. Code r. 330-X-6-.03 Filed September 22, 1982. Repealed: Filed September 23, 1998; effective October 28, 1998. Statutory Authority: Code of Ala. 1975, § 34-11-35…

References are those individuals who should have personal knowledge of an applicant and who are able to issue judgments concerning an applicant's experience, ability, character, and reputation. (1) The applicant should give serious attention to the selection of references. (2) Th…

(1) The applicant shall furnish on the application for licensure five reference names, their contact information and if licensed, the jurisdictions in which they are licensed. (2) If applying for engineer licensure, a minimum of three of the five references must be currently lice…

Replies received from references regarding the qualifications of an applicant shall be included as records which do not constitute public records as provided for in Rule 330-X-1-.11, and such replies will be held confidential. The source and character of this information shall re…

Examinations as required by the Alabama Law will be classified as follows: (a) Examination in the Fundamentals of Engineering Subjects - FE Exam - Exam I, National Council of Examiners for Engineering and Surveying (NCEES) Exam (b) Examination in the Principles and Practice of En…

(1) Engineer applicants will not be scheduled to take Exam II (PE) until Exam I (FE) has been passed. Land Surveyor applicants will not be scheduled to take Exam III (ALSS) until Exam I (FS) and Exam II (PS) has been passed. (2) No candidate may take the ALSS Examination until th…

(1) Examinations for the FE, PE, SE, FS, and PS are offered on dates set by NCEES. The written examination for the ALSS is offered on dates set by the Board. (2) PE, SE, and PS Examinations. Locations at which the examinations are given are designated by NCEES. (3) ALSS Examinati…

All examinations will be in the English language. Author: Alabama State Board of Registration for Professional Engineers and Land Surveyors Notes Ala. Admin. Code r. 330-X-8-.04 Filed September 22, 1982. Amended: Filed September 23, 1998; effective October 28, 1998. Statutory Aut…

Notes Ala. Admin. Code r. 330-X-8-.05 Filed September 22, 1982. Amended: Filed September 23, 1998; effective October 28, 1998. Amended by Alabama Administrative Monthly Volume XXXVII, Issue No. 02, November 30, 2018, eff. 12/31/2018. Repealed by Alabama Administrative Monthly Vol…

Instructions provided prior to each examination will furnish information regarding whether the examination is open, or closed, or limited reference book. On an open book examination, textbooks and bound classroom manuals are permitted. On a limited reference examination, the only…