BY-LAWS, RULES OF PROCEDURE: 245:2-1-1 through 245:2-1-10

Effective May 17, 2010

TITLE 245. STATE BOARD OF LICENSURE FOR PROFESSIONAL ENGINEERS AND LAND SURVEYORS

Chapter 1. By-Laws [REVOKED]
Chapter 2. Administrative Operations 

Chapter 3. Rules Governing rule Making [REVOKED]
Chapter 4. Procedures Governing Declaratory Rulings [REVOKED]
Chapter 5. Individual Proceedings (Public Hearings) [REVOKED]
Chapter 10. Application of Professional Engineers, Land Surveyors and Interns [REVOKED]

CHAPTER 2. ADMINISTRATIVE OPERATIONS 

245:2-1-1. Purpose

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 the 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.

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245:2-1-2. Terms defined by Statute

Terms defined in 59 O.S., Sections 475.1 et seq. shall have the same meanings when used in the Rules of Procedure unless the context or subject matter clearly requires a different interpretation.

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245: 2-1-3. Definitions [REVOKED]

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245:2-1-4. Board meetings

(a) The Board holds at least four (4) regular meetings each year within the State of Oklahoma. The exact time and place shall be determined by the Chair and shall be set forth in a written notice, a copy of which shall be mailed to each member, at the member's last address of record, by the Executive Director or Principal Assistant at least ten (10) days in advance of the date of the meeting. Other meetings may be called as prescribed by law.

(b) All meetings shall be conducted by the current edition of "Roberts Rules of Order Newly Revised" unless otherwise provided herein or by Statute.

(c) Members of the Board may waive formal or written call or notice of meeting, and by the attendance at any meeting such members so attending shall be deemed to have waived all notice thereof.

(d) A quorum of the Board shall consist of a majority of the full Board that includes at least one (1) Professional Land Surveyor Member. A majority vote of those present is required to pass a motion. The Chair shall vote as a member of the board.

(e) In the absence of a quorum at any regular or special meeting called, those members of the Board in attendance shall reschedule such meeting to any later date.

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245:2-1-5. Duties of Board officers

(a)  Election of Board officers. The Board elects annually from its membership as officers a Chair, Vice Chair, and a Secretary.

(b) Duties of the Chair. The duties of the Chair are defined in the Statute. The Chair shall also serve as executive officer of the Board and shall perform the additional duties:

(1) preside at all meetings;
(2) appoint such committees as the Board may authorize or require in the conduct of the Board business;
(3) sign all certificates and perform all other duties usually pertaining to the office of Chair and required or permitted by law.

(c) Duties of the Vice Chair. The duties of the Vice Chair are as defined in the Statute. The Vice Chair shall also serve as executive officer of the Board and perform the duties of the Chair in the absence of the Chair.

(d) Duties of the Secretary. The duties of the Secretary are as defined in the Statute. The Secretary shall also sign all certificates and other official documents required or permitted by law.

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245:2-1-6. Duties of Executive Director and Principal Assistant

(a) The Board shall employ an Executive Director who shall be responsible for the administration of the policies of the board, the processing of its routine operations, and other administrative and ministerial duties as the Board authorizes.

(b) The Board shall appoint a Principal Assistant for the Board, who shall not be a member of the Board, but shall be a Professional Engineer or Land Surveyor. The Principal Assistant's duties shall be to assist the Executive Director in the administration of the policies of the board and other administrative and ministerial duties as the Board authorizes. The Principal Assistant shall act on behalf of the Executive Director in the absence of the Executive Director.

(c) The Board shall furnish the Executive Director and Principal Assistant the necessary equipment, supplies and clerical assistance, paying for same directly on claims handled as prescribed herein and by law.

(d) The Executive Director and Principal Assistant shall make available to the Public for inspection at 201 N. E. 27th Street, Oklahoma City, Oklahoma, or subsequent address, all public records of the Board, and shall accept submissions and requests at said location.

(e) The Executive Director shall prepare monthly reports for the "Professional Engineers and Land Surveyors Fund", which shall show all funds received and disbursed from the fund compared to the previous year's monthly report. Such report shall be presented to the Board at the next scheduled meeting.

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245:2-1-7. Vacancies

(a) If, for any reason, a vacancy shall occur in the Board, the Chair shall prepare a notice to the Governor asking for the appointment of a new member to fill the unexpired term.

(b) If the vacancy shall occur in the office of the Chair, the Vice Chair shall prepare a notice to the Governor asking for the appointment of a new member to fill the unexpired term. In such case, the Board shall elect, from its own membership, at the first regular or special meeting, a new Chair to serve for the balance of the unexpired term.

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245:2-1-8. Reimbursement for travel

Members of the Board, Board staff and authorized representatives shall be reimbursed for travel expenses incurred in the performance of their official duties, as allowed by the State Travel Act, and shall be paid on claims handled as prescribed herein and by the law.

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245:2-1-9. Official Board Seal

The Seal of the Board shall be a circular seal, 2 1/4" in diameter, consisting of two concentric circles. The inner circle shall be 1 3/8" in diameter and shall contain the great seal of the State of Oklahoma. The outer circle shall be 2 1/8" in diameter and the area between the two circles shall contain the wording "State Board of Licensure for Professional Engineers and Land Surveyors" and the word "Oklahoma".

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245:2-1-10. Official records

Among other official records required by law, or by rules of other agencies in support of law, the Board shall maintain accurate and current records including, but not limited to:

(1) A record of minutes, in proper order, containing a summary of actions of all meetings of the Board.
(2) Records of Licensees, containing the name and license number of all persons to whom Certificates of Licensure are issued, date of original license, the last known address of all current licensees and renewals affected through biennial licensure, and the discipline(s) of engineering in which the applicant is claiming competency.
(3) Licensee files for each current licensee containing the original application, relevant verification and evaluation data, record of examination grades, and when applicable, records of alleged violations, suspensions, revocations, refusal to renew, orders issued, hearing transcriptions and penalties levied.
(4) Certificate of Authorization files containing the name of each current firm holding a current certificate, the engineer(s) or land surveyor(s) of record, a record of all partners, officers and directors of the entity, their license number and state in which they are licensed, if applicable, and the last known address.
(5) A system of finance records indicating funds received, budgeted, committed, spent, remaining and projections of appropriate request for consideration in budget development.

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