Title 43 — Occupations and Professions
99 chapters · 1,384 sections in this title.
N.D.C.C. § 43-19.1-01 General provisions
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In order to safeguard life, health, and property, and to promote the public welfare, the practice of engineering and land surveying in this state is hereby declared to be subject to regulation in the public interest, and it hereby is declared necessary that a state board of regis…
N.D.C.C. § 43-19.1-02 Definitions
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In this chapter unless the context otherwise requires: 1. "Board" means the state board of registration for professional engineers and land surveyors. 2. "Engineer" means a professional engineer. 3. "Engineer intern" means an individual who complies with the requirements for educ…
N.D.C.C. § 43-19.1-03 Board - Appointments - Terms
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A state board of registration for professional engineers and land surveyors is hereby created the duty of which is to administer this chapter. The board consists of one professional land surveyor and four professional engineers. The board members who are professional engineers mu…
N.D.C.C. § 43-19.1-04 Board - Qualifications
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Each professional engineer board member must be a professional engineer who is a citizen and resident of this state, has been registered in this state a minimum of eight years, has been engaged in the lawful practice of engineering for at least twelve years, and has had responsib…
N.D.C.C. § 43-19.1-05 Board - Compensation and expenses
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Each member of the board is entitled to receive per diem, in an amount established by the board which may not exceed one hundred thirty-five dollars, when attending to the work of the board or any of the board's committees and for the time spent in necessary travel and is entitle…
N.D.C.C. § 43-19.1-06 Board - Removal of members - Vacancies
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The governor may remove any member of the board for misconduct, incompetency, neglect of duty, or for any sufficient cause, in the manner prescribed by law for removal of state officials. Vacancies in the membership of the board must be filled for the unexpired term by appointmen…
N.D.C.C. § 43-19.1-07 Board - Organization and meetings
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The board shall hold at least two regular meetings each year. The board shall elect or appoint annually the following officers: a chairman, a vice chairman, and a secretary. A quorum of the board consists of not fewer than three members.
N.D.C.C. § 43-19.1-08 Board - Powers
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The board may: 1. Adopt and amend all bylaws, rules of procedure, and regulations to administer and carry out the provisions of this chapter and for the conduct of the board's affairs and functions which may be reasonably necessary for the proper performance of the board's duties…
N.D.C.C. § 43-19.1-09 Receipts and disbursements
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The executive director for the board shall receive and account for all moneys derived under the provisions of this chapter and shall deposit and disburse the money derived under this chapter in accordance with section 54-44-12. The executive director shall receive such salary as …
N.D.C.C. § 43-19.1-10 Records and reports
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The board shall: 1. Keep a record of the board's proceedings and of all applications for registration. The record must show the name, age, and last-known address of each applicant; the date of application, the place of business of such applicant, the applicant's education, experi…
N.D.C.C. § 43-19.1-11 Roster
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A complete roster showing the names and last-known addresses of all professional engineers and land surveyors must be made available by the executive director for the board at intervals as established by board regulations. Copies of this roster must be made available to each regi…
N.D.C.C. § 43-19.1-12 General requirements for registration
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To be eligible for registration as a professional engineer or land surveyor or for certification as an engineer intern or land surveyor intern, an applicant must be of good character and reputation and shall submit a written application to the board containing such information as…
N.D.C.C. § 43-19.1-12.1 Conviction not bar to registration - Exceptions
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Conviction of an offense does not disqualify an individual from registration under this chapter unless the board determines that the offense has a direct bearing upon an individual's ability to serve the public as an engineer or land surveyor or that following conviction of any o…
N.D.C.C. § 43-19.1-13 Registration without examination - Professional engineers
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An applicant otherwise qualified must be admitted to registration as a professional engineer without examination if the applicant is: 1. An individual holding a certificate of registration to engage in the practice of engineering, on the basis of comparable qualifications, issued…
N.D.C.C. § 43-19.1-14 Registration with examination - Professional engineers
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An applicant otherwise qualified must be admitted to registration as a professional engineer if the applicant has successfully passed a board-approved examination in the principles and practice of engineering, as prescribed by the board, and has one of the following additional qu…
N.D.C.C. § 43-19.1-15 Additional qualifications of engineer interns
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Except in the case of an individual who filed an application before July 1, 1967, and any subsequent reapplication by such individual, an applicant otherwise qualified must be admitted to certification as an engineer intern. An engineer intern is an individual who has: 1. A bacca…
N.D.C.C. § 43-19.1-16 Registration - Professional land surveyor
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An individual who shows, to the satisfaction of the board, that the individual is otherwise qualified and is over the age of eighteen years is eligible for registration as a professional land surveyor, if the individual has passed a board-approved examination regarding state laws…
N.D.C.C. § 43-19.1-16.2 Qualifications of land surveyor interns
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The board shall certify as a land surveyor intern an otherwise qualified applicant who has passed a board-approved written examination on the fundamentals of mathematics and the basic principles of land surveying and: 1. Has a baccalaureate degree in land surveying from an instit…
N.D.C.C. § 43-19.1-17 Application for registration
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Application for registration as a professional engineer or land surveyor or for certification as an engineer intern or land surveyor intern must be on a form prescribed and furnished by the board containing statements made under oath, showing the applicant's education, a detailed…
N.D.C.C. § 43-19.1-17.1 Retired registrant
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The board may recognize an individual who is no longer practicing as an engineer or land surveyor as a retired registrant.
N.D.C.C. § 43-19.1-18 Registration fees
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The board shall establish registration fees for professional engineers, land surveyors, engineer interns, and land surveyor interns in the amount the board determines necessary to accomplish the purposes of the board as provided in this chapter. The registration fees may not exce…
N.D.C.C. § 43-19.1-19 Examinations
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Written examinations must be held at such times and places as the board shall determine. Examinations required on fundamental engineering or land surveying subjects may be taken at any time prescribed by the board. The professional examinations may be taken as soon as a candidate…
N.D.C.C. § 43-19.1-20 Certificates
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The board shall issue a certificate of registration upon payment of the registration fee as provided for in this chapter to any applicant who in the opinion of the board has met the requirements of this chapter. Enrollment cards must be issued to those who qualify as engineer int…
N.D.C.C. § 43-19.1-21 Seals
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Each registrant under this chapter upon registration may obtain a seal of the design authorized by the board, bearing the registrant's name, registration number, and the legend "registered professional engineer" or "registered professional land surveyor". Final engineering drawin…
N.D.C.C. § 43-19.1-22 Expirations and renewals
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A certificate of registration expires on December thirty-first of the year of issuance if registration is on an annual basis and of the year after issuance if issued on a biennial basis and becomes invalid after that date unless renewed. The executive director for the board shall…
N.D.C.C. § 43-19.1-23 Reissuance of certificates
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A new certificate of registration to replace any certificate lost, destroyed, or mutilated may be issued subject to the rules of the board. The board may establish a reasonable charge for such issuance.
N.D.C.C. § 43-19.1-24 Code of ethics
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The board shall cause to have prepared and shall adopt a code of ethics, a copy of which must be made available to every registrant and applicant for registration under this chapter, and which must be published in the roster provided under this chapter. Such publication constitut…
N.D.C.C. § 43-19.1-25 Disciplinary action - Revocations, suspensions, or reprimand
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The board may suspend, refuse to renew, or revoke the certificate of registration of and may reprimand any registrant. These powers apply to any registrant who is found guilty of any of the following: 1. The practice of any fraud or deceit in obtaining a certificate of registrati…
N.D.C.C. § 43-19.1-26 Disciplinary action - Procedure
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Any person may file charges of fraud, deceit, gross negligence, incompetence, misconduct, or violation of the code of ethics against any individual registrant. Such charges must be in writing and must be filed with the executive director for the board. All charges, unless dismiss…
N.D.C.C. § 43-19.1-27 Right to practice
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1. A person may not practice or offer to practice professional engineering or land surveying unless the person is an individual registered to practice under or exempt from the provisions of this chapter. The practice of engineering by a professional engineer which includes servic…
N.D.C.C. § 43-19.1-28 Public works
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Except as otherwise provided by law, the state and its political subdivisions may not engage in the construction of public works involving the practice of professional engineering when the contemplated expenditure for the project exceeds the sum of two hundred thousand dollars, u…
N.D.C.C. § 43-19.1-29 Exemption clause
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This chapter does not prevent or affect: 1. The practice or offer to practice engineering by an individual not a resident or having no established place of business in this state, if that individual is legally qualified by registration to practice engineering in another state or …
N.D.C.C. § 43-19.1-30 Duties of recorder
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It is unlawful for the recorder of any county or any county or any proper public authority to file or record any map, plat, survey, or other document within the definition of land surveying which does not have impressed thereon and affixed thereto the personal signature and seal …
N.D.C.C. § 43-19.1-31 Violation and penalties
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Any person that practices or offers to practice engineering or land surveying in this state without being registered in accordance with the provisions of this chapter; any person using or employing the words "engineer", "engineering", "professional engineer", "surveyor", "land su…
N.D.C.C. § 43-19.1-32 Duty of attorney general - Legal counsel
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The attorney general of the state or the attorney general's assistant shall act as legal adviser to the board and render such legal assistance as may be necessary in carrying out the provisions of this chapter. The board may employ other counsel and necessary assistance to aid in…
N.D.C.C. § 43-19.1-33 Continuing professional education - Rules
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The board shall adopt rules to establish continuing education requirements for professional engineers and land surveyors. Compliance with these rules must be documented at the times, and in the manner, as is required by the board. A professional engineer or land surveyor who is e…