33-29-129. Repealed By Laws 2013, Ch. 11, § 5.
Repealed By Laws 2013, Ch. 11, § 5.
Propose a changeWyoming · 33 · statute
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Repealed By Laws 2013, Ch. 11, § 5.
Propose a changeRepealed By Laws 2013, Ch. 11, § 5.
Propose a changeRepealed By Laws 2013, Ch. 11, § 5.
Propose a changeRepealed By Laws 2013, Ch. 11, § 5.
Propose a changeRepealed By Laws 2013, Ch. 11, § 5.
Propose a changeRepealed By Laws 2013, Ch. 11, § 5.
Propose a changeRepealed By Laws 2013, Ch. 11, § 5.
Propose a changeRepealed By Laws 2013, Ch. 11, § 5.
Propose a changeRepealed By Laws 2013, Ch. 11, § 5.
Propose a changeRepealed By Laws 2013, Ch. 11, § 5.
Propose a changeRepealed By Laws 2013, Ch. 11, § 5.
Propose a changeAmended and Renumbered as 33-29-901 By Laws 2013, Ch. 11, § 3.
Propose a changeAmended and Renumbered as 33-29-902 By Laws 2013, Ch. 11, § 3.
Propose a changeAmended and Renumbered as 33-29-903 By Laws 2013, Ch. 11, § 3.
Propose a changeAmended and Renumbered as 33-29-904 By Laws 2013, Ch. 11, § 3.
Propose a changeRenumbered as 33-29-905 By Laws 2013, Ch. 11, § 4.
Propose a changeRenumbered as 33-29-906 By Laws 2013, Ch. 11, § 4.
Propose a changeAmended and Renumbered as 33-29-907 By Laws 2013, Ch. 11, § 3.
Propose a changeAmended and Renumbered as 33-29-908 By Laws 2013, Ch. 11, § 3.
Propose a changeAmended and Renumbered as 33-29-909 By Laws 2013, Ch. 11, § 3.
Propose a changeRenumbered as 33-29-910 By Laws 2013, Ch. 11, § 4.
Propose a change(a) As used in this act: (i) "Board" means the Wyoming board of professional engineers and professional land surveyors; (ii) "Business entity" means a corporation, limited liability company, partnership, limited partnership, limited liability partnership or any other form of business except a sole proprietorship; (iii) "Engineer intern" means an individual who is certified by the board as an engineer intern; (iv) "Jurisdiction" means a licensing agency, including agencies outside of the United States; (v) "Land surveyor intern" means an individual who is certified by the board as a land surveyor intern; (vi) "Licensee" means a professional engineer or professional land surveyor licensed by the board; (vii) "Practice of professional engineering" means performing for others or offering to perform for others any "professional service" or "professional creative work" requiring engineering education, training and experience and special knowledge of mathematics, physics and engineering sciences. An individual performs "a professional service" or "professional creative work" in the practice of professional engineering if he: (A) Represents himself to be a professional engineer by sign, advertisement, letterhead, card, verbal claim or any other manner; (B) Quotes a fee for a professional engineering service; (C) Executes a contract or agreement for a professional engineering service; (D) Teaches upper division engineering design subjects as a professional engineer at a college or university; (E) Performs research investigations as a professional engineer; (F) Testifies as an expert in professional engineering; or (G) Holds himself out as able to perform or does perform, as a professional engineer, any similar service defined by board rule as the practice of professional engineering. (viii) "Practice of professional land surveying" means performing for others or offering to perform for others "professional services" which involve the application of special knowledge or principles of mathematics and methods of measurement for the determination and preservation of land boundaries and for the determination of land features and forms. An individual performs a "professional service" in the practice of professional land surveying if he: (A) As a professional land surveyor, makes geometric measurements and gathers related information pertaining to the physical or legal features of the earth, improvements on the earth and the space above, on or below the earth; (B) Teaches, as a professional land surveyor, upper division university level land surveying design subjects; (C) Performs professional land surveying research as a professional land surveyor; (D) As a professional land surveyor, creates work product relating to land surveying such as graphics, data, maps, plans, reports and descriptions; (E) Represents himself to be a professional land surveyor by sign, advertisement, letterhead, card, verbal claim or any other way; (F) Testifies as an expert in professional land surveying; or (G) Holds himself out as able to perform or does perform, as a professional land surveyor, any similar service defined by board rule as professional land surveying. (ix) "Professional engineer" means an individual who, by reason of intensive preparation in the use of mathematics, physics and engineering sciences including the principles and methods of engineering analysis and design, is qualified to practice professional engineering and is licensed under this act; (x) "Professional land surveyor" means an individual who by reason of specialized knowledge in the technique of measuring land, mathematics, physical and applied sciences, and legal requirements of surveying real property, is qualified to practice professional land surveying and is licensed under this act; (xi) "Responsible charge" means the exercise of direct control or the personal supervision of engineering work by a professional engineer or surveying work by a professional land surveyor; (xii) "This act" means W.S. 33-29-201 through 33-29-801.
Propose a change(a) The Wyoming board of professional engineers and professional land surveyors is created to regulate the practice of professional engineering and professional land surveying in order to safeguard life, health and property and to promote the public welfare. The board shall consist of eight (8) members appointed by the governor for a term of four (4) years and the state engineer who shall serve during his term in office. The board shall be composed of: (i) The state engineer; (ii) Four (4) professional engineers. One (1) shall teach engineering at the university level. Two (2) shall be in private practice; (iii) Three (3) professional land surveyors. Two (2) shall be in private practice; and (iv) One (1) member who is neither a professional engineer nor a professional land surveyor. (b) The governor may remove any board member he appoints in accordance with W.S. 9-1-202.
Propose a change(a) Appointed members of the board shall have been residents of Wyoming for at least five (5) years immediately prior to appointment, shall be residents during their appointment and shall be citizens of the United States. (b) Professional engineer members shall have engaged in the practice of engineering as licensed professional engineers for at least twelve (12) years and shall have been in responsible charge for at least five (5) years. (c) Professional land surveyor members shall have been engaged in the practice of land surveying as licensed professional land surveyors for at least twelve (12) years and shall have been in responsible charge for at least five (5) years.
Propose a changeMembers of the board shall receive compensation for each day or part of a day in which they engage in the performance of their board duties at the same rate provided members of the state legislature under W.S. 28-5-101 and shall receive per diem and mileage, incurred in the performance of their board duties. Compensation and expenses incurred by the board or any member shall be approved by the board. Compensation and expenses shall be paid only from the fees collected by the board. This section shall not apply to the state engineer.
Propose a change(a) The board shall meet as often as needed, but not less than four (4) times a year. (b) The board shall elect the following officers biennially to serve not more than two (2) consecutive terms: a chairperson, a vice chairperson and a secretary-treasurer. (c) Five (5) members of the board constitute a quorum. (d) The board is hereby transferred to the department of the state engineer under a Type 3 transfer as defined in W.S. 9-2-1707(b)(iii).
Propose a change(a) The board shall have the powers necessary to enforce this act, including the power to: (i) Promulgate rules and regulations necessary to enforce this act; (ii) Promulgate rules and regulations necessary to regulate the practice of professional engineering and professional land surveying, including qualifications for intern certificates and professional licenses, professional conduct, continuing education, discipline and license status categories; (iii) Conduct hearings, take testimony, administer oaths, subpoena witnesses and issue subpoenas for the production of documents or data; (iv) Use investigators, the office of the attorney general and consultants to investigate and evaluate possible violations of this act or the board's rules; (v) Adopt an official seal for the board and adopt a professional seal for the use of licensees; (vi) Employ a board administrator and such additional staff as necessary to administer and enforce this act and board rules; (vii) Appoint advisory committees comprised of persons who may or may not be members of the board to undertake tasks assigned by the board. The board may reimburse committee members for reasonable incidental expenses incurred in the conduct of board business; (viii) Establish and collect fees pursuant to W.S. 33-1-201. All fees collected by the board shall be deposited by the state treasurer to the credit of the Wyoming board of professional engineers and professional land surveyors account; (ix) Pay for membership to regional and national organizations and expenses incurred by board members to attend organization meetings; (x) Use electronic transmissions.
Propose a changeAll fees and other revenues received by the board shall be deposited by the state treasurer to the credit of the Wyoming board of professional engineers and professional land surveyors account. All monies in the account may be appropriated for the use of the board. The account shall be used by the board to defray costs incurred in the administration of this act. Disbursements from the account shall not exceed the monies credited to it.
Propose a changeAny person reporting information to the board under oath and members, agents, investigators and employees of the board are immune from personal liability with respect to acts done and actions taken in good faith without fraud or malice.
Propose a change(a) The following records and papers of the board are confidential and are not public records: (i) Letters of inquiry and reference concerning applicants; (ii) Completed applications and verification and inquiry forms; (iii) Transcripts of educational institutions; (iv) Investigative and disciplinary matters dismissed without action; and (v) Files relating to complaints and investigations until a formal hearing is concluded or until final disciplinary action is taken if no hearing is commenced. This paragraph does not prevent use of the board files in a hearing.
Propose a changeExcept as provided in this act, no individual shall engage in the practice of professional engineering or professional land surveying unless the individual holds the appropriate license issued by the board.
Propose a change(a) An applicant for a certificate as an engineer intern shall submit evidence satisfactory to the board showing that the applicant: (i) Is possessed of a background that does not evidence conduct adverse to the practice of engineering or to the ability to practice as an engineer intern; (ii) Has graduated from a curriculum approved by the board of at least four (4) years; and (iii) Has passed an examination in the fundamentals of engineering. (b) An applicant for a certificate as a land surveyor intern shall submit evidence satisfactory to the board showing that the applicant: (i) Is possessed of a background that does not evidence conduct adverse to the practice of land surveying or to the ability to practice as a land surveyor intern; (ii) Has passed an examination in the fundamentals of land surveying; (iii) Has one (1) of the following educational/experience backgrounds: (A) Has graduated from a curriculum approved by the board of at least four (4) years that contains at least thirty (30) semester credit hours in surveying approved by the board; or (B) Has graduated from a curriculum approved by the board of at least two (2) years that contains at least thirty (30) semester credit hours in surveying approved by the board plus two (2) years of combined office and field experience in land surveying, of which one (1) year shall have been in charge of land surveying projects under the supervision of a licensed professional land surveyor. (c) An engineer intern or land surveyor intern shall not practice as a professional engineer or a professional land surveyor.
Propose a change(a) An applicant for a license as a professional engineer who has not graduated from a doctoral curriculum in engineering approved by the board shall submit evidence satisfactory to the board showing that the applicant: (i) Is possessed of a background that does not evidence conduct adverse to the practice of engineering or to the ability to practice engineering; (ii) Has passed an examination in the principles and practice of engineering; and (iii) Has one (1) of the following: (A) Has met the requirements for an engineer intern certificate and has four (4) years of engineering experience in increasing responsibility and scope of a grade and character that evidence the applicant is competent to practice as a professional engineer; or (B) Has graduated from a curriculum approved by the board of at least four (4) years and has been actively engaged in engineering practice of a character satisfactory to the board for at least ten (10) years after graduation. (b) An applicant for a license as a professional engineer who has graduated from a doctoral curriculum in engineering approved by the board shall submit evidence satisfactory to the board showing that the applicant: (i) Is possessed of a background that does not evidence conduct adverse to the practice of engineering or to the ability to practice engineering; (ii) Has passed any examinations required by rule of the board to establish competence at a professional level in Wyoming licensing laws and professional ethics; and (iii) Has four (4) years of engineering experience in increasing responsibility and scope of a grade and character that evidence the applicant is competent to practice as a professional engineer. (c) An applicant for a license as a professional land surveyor shall submit evidence satisfactory to the board showing that the applicant: (i) Is possessed of a background that does not evidence conduct adverse to the practice of land surveying or to the ability to practice land surveying; (ii) Has passed the examination in the principles and practice of land surveying; (iii) Has met the requirements for a land surveyor intern certificate; and (iv) Has four (4) years of land surveying experience in increasing responsibility and scope of a grade and character that evidence the applicant is competent to practice as a professional land surveyor. This experience shall be in addition to that described in W.S. 33-29-402(b)(iii). (d) The board may by rule and regulation modify the requirements of this section as they relate to the licensure of a member of the faculty of the University of Wyoming teaching upper division engineering or land surveying courses.
Propose a change(a) An applicant for a license or certificate under this act shall submit an application on a form and in the manner prescribed by the board. (b) In addition to information required by the board, the application shall contain a statement under oath of the applicant's education and engineering or land surveying work experience. (c) The board may accept an applicant's records from the national council of examiners for engineering and surveying or its successor organization as a substitute for the information required in this act.
Propose a changeThe board shall establish fees in accordance with W.S. 33-1-201 as necessary to provide for the administration of this act, including license and certificate application fees and fees for services provided by the board. Application fees shall accompany the application. Application fees are nonrefundable.
Propose a change(a) An applicant who holds a license issued by another jurisdiction to practice professional engineering or professional land surveying may be issued a professional license provided: (i) The applicant has submitted evidence satisfactory to the board that the applicant has a background that does not evidence conduct adverse to the practice of engineering or land surveying or to the ability to practice engineering or land surveying; (ii) The applicant has passed any examinations required by rule of the board to establish competence at a professional level in Wyoming licensing laws and professional ethics; and (iii) The applicant: (A) Meets the education, experience and examination requirements equivalent to the requirements in effect in Wyoming at the time the applicant's license was issued by the other jurisdiction; or (B) Meets requirements established by the national council of examiners for engineering and surveying or its successor organization that the board has determined are equivalent to the requirements for a professional license in Wyoming. (b) An applicant who holds a license issued by another jurisdiction to practice professional engineering or professional land surveying, and who has held the license for fifteen (15) years immediately prior to submitting the application, may be issued a professional license provided the applicant: (i) Is possessed of a background that does not evidence conduct adverse to the practice of engineering or land surveying or to the ability to practice engineering or land surveying; and (ii) Has passed any examination required by rule of the board to establish competence at a professional level in Wyoming licensing laws and professional ethics.
Propose a change(a) The board shall provide for the biennial renewal of a license. The board may adopt a system under which licenses are renewed on a staggered basis. (b) An individual whose license has expired shall not engage in activities that require a license until the license has been renewed or until a new license has been obtained. (c) An individual whose license has been expired for less than two (2) years may renew the license by paying the required annual renewal fee and a late fee. (d) An individual whose license has been expired for more than two (2) years may not renew the license. The individual may obtain a new license by complying with the requirements of this act for obtaining an original license. (e) An individual who renews his license shall comply with the continuing professional competency requirements adopted by board rule for license renewals.
Propose a changeAny individual holding a certificate of registration in this state that is valid and active on July 1, 2013, shall be deemed to be licensed under this act.
Propose a change(a) The board shall adopt a seal for the use of professional engineers and professional land surveyors. (b) Whenever the professional seal is applied, the licensee's signature and the date shall also be included. (c) The professional seal, signature and date shall be placed on all final designs, specifications, maps, land surveys, reports, plats, drawings and plans filed or recorded pursuant to W.S. 33-29-801. (d) The application of a professional seal shall constitute certification that: (i) The work was done by the professional licensee or under his responsible charge; and (ii) The licensee is competent in the subject matter. (e) A licensee shall not: (i) Permit the use of his seal by another; or (ii) Use his seal when his license has expired, is inactive or has been revoked or suspended. (f) An individual who is not licensed shall not use the seal of a licensee.
Propose a change(a) Professional engineers and professional land surveyors may practice professional engineering or professional land surveying through a business entity provided: (i) The business entity has registered with the board; (ii) The business entity has submitted the following to the board: (A) A description of the engineering or land surveying services to be practiced in the state; and (B) A designation of an individual or individuals in responsible charge. A change in the individual or individuals in responsible charge shall be filed with the board within thirty (30) days of the change. (iii) All final maps, plats, plans, designs and other documents filed or recorded under W.S. 33-29-801 shall be dated and bear the signature and seal of a professional engineer or professional land surveyor in responsible charge of the work; and (iv) All personnel of the business entity who act on its behalf as engineers or land surveyors in this state shall be licensed professional engineers or licensed professional land surveyors or shall be exempted from the license requirement under W.S. 33-29-604(a)(iii). No business entity shall be relieved of responsibility for the conduct or acts of its employees, officers or agents by reason of its compliance with this act. Nor shall any individual engaged in engineering or land surveying be relieved of responsibility for engineering or land surveying services performed by reason of his employment or relationship with a business entity.
Propose a change