Effective July 25, 2013
|245:15-1-2||Terms Defined by Statute|
|245:15-1-4||Statuatory Charges to the Board|
|245:15-1-6||Administrative Procedures Act|
The Rules of Procedure of the Board are set forth for the purpose of interpreting and implementing 59 O.S., Sections 475.1 et seq., establishing the State Board of Licensure for Professional Engineers and Land Surveyors and conferring upon it the responsibility for licensing of engineers, land surveyors, engineering and land surveying firms, regulation of the practice of engineering and land surveying, and enforcement of the Statutes. The Rules of Procedure are known and cited as OAC 245.
Terms defined in 59 O.S., Sections 475.1 et seq. shall have the same meanings when used in this Chapter unless the context or subject matter clearly requires a different interpretation.
The following words or terms, when used in the Rules of Procedure, shall have the following meaning, unless the context clearly indicates otherwise. Definitions in 59 O.S. Section 475.2 and 65 O.S. Section 3-118 shall be read together with the definitions and interpretations provided in the Rules of Procedure of the Board.
"Accessory to a corner" means any exclusively identifiable physical object whose spatial relationship to the corner is recorded. Accessories may be bearing trees, bearing objects, monuments, reference monuments, line trees, pits, mounds, charcoal filled bottles, steel or wooden stakes, or other objects.
"Certify" or "Certification" or similar expressions relating to engineering or land surveying services shall mean a statement based upon facts and knowledge known to the licensee and is not a guarantee or warranty, either expressed or implied.
"Closure error" means the ratio between the horizontal linear error of closure to the total horizontal distance traversed, with the numerator of the ratio being the number “one”.
"Land or boundary survey" means a survey, the primary purpose of which includes, but is not limited to, the determining of the perimeter of a parcel or tract of land by establishing or reestablishing corners, monuments and boundary lines.
"Linear closure" means a measure of the horizontal linear error without regard to direction, between the computed location of the first and last points of a traverse when either the traverse actually returns to its beginning point (geometrically and mathematically closed), or the traverse ends at a point of previously established control relative to the beginning point (geometrically open, but mathematically closed).
"Mortgage Inspection Report" means a representation of the boundaries of a parcel of real property and the improvements thereon, prepared incident to a mortgage of real property.
"Monument" means a physical structure that occupies the exact position of a corner.
"Oklahoma Model Law Engineer" means a person who meets the minimum requirements of this act and:
(A) is a graduate of an engineering curriculum accredited by the Engineering Accreditation Commission (EAC) of the Accreditation Board for Engineering and Technology (ABET) or, has an engineering degree recognized as equivalent to an EAC/ABET degree by the Board, or has a Board-approved related science degree;
(B) has passed the Fundamentals of Engineering examination using the NCEES cut score except that for an applicant having eight years of acceptable engineering experience who obtained an original license prior to December 31, 1996, the Fundamentals of Engineering examination is waived for this definition only;
(C) has a specific record of an additional four years of progressive experience on engineering projects following graduation, or has a Board approved related degree and an additional six years of progressive experience on engineering projects following graduation;
(D) has passed the Principles and Practices of Engineering examination using the National Council of Examiners for Engineering and Surveying (NCEES) cut score if the state of Oklahoma required such an examination at the time the comity applicant’s original license was granted;
(E) has not been disciplined in any jurisdiction by a Board of licensure for engineering or land surveying or architecture;
(F) has not been convicted of a felony.
"Positional error" means the difference between the actual position of a corner monument and its described or computed position. This error may be determined by computing the difference between the measured position and the adjusted position of the monument or by measurement of angle and distance between three of the corner monuments on the survey if made with precise surveying instruments using proper procedures.
"Practice of land surveying" as defined by Title 59 O.S. Section 475.2(7)(a) also includes monumenting the subdivision of land into smaller parcels and the preparation of legal descriptions in connection therewith; however, the preparation of legal descriptions by a person who does not monument the land so described is not the practice of land surveying. Preparation of the control portion of geographic information systems and land information systems means the authoritative and monumented ground survey of a system of marks or objects to establish horizontal or vertical positions.
"Professional Engineer, Retired" - The term "Professional Engineer, Retired as used in these rules, shall mean and individual who has been duly licensed as a professional engineer by the Board and who chooses to relinquish or not to renew a license and who applies to and is approved by the Board to be granted the use of the title "Professional Engineer, Retried.
"Professional Land Surveyor, Retired" - The term "Professional Land Surveyor, Retired as used in these rules, shall mean and individual who has been duly licensed as a professional land surveyor by the Board and who chooses to relinquish or not to renew a license and who applies to and is approved by the Board to be granted the use of the title "Professional Land Surveyor, Retried.
"Related science degree" means one of the following: a degree from an ETAC/ABET accredited engineering technology program of four (4) years or more, or a degree from an architecture program accredited by the National Architectural Accrediting Board (NAAB). Further, degrees of four (4) years or more in mathematical, physical, or engineering sciences may only be considered as a related science degree if they were obtained from a university with an EAC/ABET or ETAC/ABET accreditation in a program of engineering, and must include a minimum of 8 hours of mathematics beyond trigonometry and 20 hours of engineering or related sciences. Otherwise, the degree may be considered as a step towards licensure under 245:15-3-7(2)(B)(ii). Provided, after July 1, 2016, non-accredited technology degrees shall no longer be eligible for consideration as a related science degree, but may be considered by the Board as a step towards licensure under O.S. Title 59, 475.12(A)(d). Further, no examination shall be administered following July 1, 2020, for applicants applying with a non-accredited technology degree or non-related science degree for licensure as a Professional Engineer even if the applicant's application was approved by the Board prior to July 1, 2016.
"Rules of professional conduct for Professional Engineers and Land Surveyors" means those rules promulgated by the Board.
"Signature" means “manual signature” or “digital signature” and shall be defined as follows:
"Professional development hour" means a contact hour (nominal) of instruction or presentation; the common denominator for other units of credit.
"Survey plat”, “sketch”, or “map", or similar document, shall mean any drawing of a parcel or tract of real property used for the purpose of depicting the results of a field survey.
Provisions of the Statutes charge the Board with adoption and enforcement of all reasonable and necessary Rules and Regulations which it may deem advisable and empowers the Board with authority to deny the issuance, restoration or renewal of, or place on probation for a period of time and subject to such conditions as the Board may specify, suspend, revoke or refuse to renew Certificates of Licensure and Certificates of Authorization for certain causes.The Statutes also empower the Board with administrative penalties (fines) and do not preclude the Board from using any necessary legal proceedings to enforce its decisions.
Any part of the Rules in this Chapter, found by a Court or the Attorney General to be inconsistent with the provisions thereof as presently exist or are hereafter amended, shall be interpreted so as to comply with such Statutes as they presently exist or are hereafter amended and the partial or total invalidity of any section or sections of these Rules shall not affect its valid sections. These Rules go through the legislative process, thereby giving them the same effect as law.
The provisions of the Administrative Procedures Act, 75 O.S., Sections 250 et seq, shall apply to the Board.