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BY-LAWS, RULES OF PROCEDURE: 245:2-1-11 through 245:2-1-20

Effective September 14, 2018

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

Chapter 1. By-Laws [REVOKED]
Chapter 2. ADMINISTRATIVE OPERATIONS

RULES 245
• Ch. 2. 1-10
• Ch. 2. 11-21

• Chapter 15. 1
• Chapter 15. 3
• Chapter 15. 5
• Chapter 15. 7
• Chapter 15. 9
• Chapter 15. 11
• Chapter 15. 13
• Chapter 15. 15
• Chapter 15. 17
• Chapter 15. 19
• Chapter 15. 21
• Chapter 15. 23

245:2-1-11	Inactive records
245:2-1-12	Public records
245:2-1-13	Confidential records
245:2-1-14	Filing and disposition of petitions for declaratory rulings
245:2-1-15	Request for promulgation, amendment, or repeal of rules
245:2-1-16	National Council of Examiners for Engineering and Surveying
245:2-1-18	Fees and penalties
245:2-1-19	Severability clause
245:2-1-20	Conflicting statutes
245:2-1-21	Engineering and Surveying Education Assistance Program

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

245:2-1-11. Inactive records

All inactive licensees and Certificates of Authorization files and records over three (3) years old may be microfilmed or imaged and disposed of according to the current State law and Archives and Records Commission Rules. Files and records containing violations and penalties over ten (10) years old may be microfilmed or imaged and disposed of according to the current State law and Archives and Records Commission Rules.

245:2-1-12. Public records

Public records of the Board are open for public inspection and copying at any time during normal business hours. A nominal fee shall be charged for copying. If extensive and time consuming copying or record searches are required, the person requiring such information or copying must supply personnel acceptable to Board staff, to do the tasks required, under the supervision of the Board staff. All records copied or searched shall be kept in the order found and shall be put back in the files as such. Costs incurred by the Board shall be paid by the person requiring such information or copying.

245:2-1-13. Confidential records

(a) Prior to presentation to the Board for formal or informal adjudication, files of investigations in progress shall be deemed not subject to the Open Records Act and therefore, confidential. Files of investigation that are confidential shall not be subject to disclosure to the extent such files would not be discoverable under state law, are protected by an evidentiary privilege, contain the record of a lawfully constituted executive session, or contain the personal notes or personally created materials of a public official prior to taking action, or contain materials otherwise exempt from disclosure or discovery under applicable laws.

(b) Files of investigations in progress as referenced in this Section, shall mean any record, as defined by 5l O.S. 1991, Section 24A.3 and any amendments thereto pertaining to alleged violations of the Act or the Rules in this Chapter, by an individual, firm, partnership, association, corporation or entity prior to presentation to the Board for formal or informal adjudication.

(c) Upon written request, the Board or Board staff will examine its investigation files to determine the extent to which material contained in the file of an investigation in process should be deemed not confidential and, therefore, may be disclosed. In all cases, the Board will confirm a complaint has or has not been received and that an investigation is in progress.

(d) Other Board records and papers that may be kept confidential according to Title 59, Section 475.10(D): examination materials, file records of examination problem solutions, exam scores or results, letters of inquiry and reference concerning applicants, transcripts of college courses and grades, e-mail addresses, ongoing investigation files, closed complaints, information otherwise protected by law and all other matters of like confidential nature.

245:2-1-14. Filing and disposition of petitions for declaratory rulings

(a) Any person may file a request for a declaratory ruling by the Board as to the application or enforcement of any Rule or Statute to a given set of circumstances. Such request shall be in writing, signed by a person seeking the ruling, state the Rule or Statute involved and contain a brief and concise statement of facts to which the ruling shall apply. Requests shall be submitted to the Board at its office, either in person, by mail, or electronic media and may be in any form. The Board will consider the request at its next regular or special meeting unless the question has been resolved by prior ruling of the Board, in which event the petitioner shall be promptly notified of the prior ruling.

(b) The Board may defer action or hold such request on its agenda pending any investigation or hearing which the Board might conduct. The Board shall issue the requested rulings promptly upon the determination thereof or send an explanation to the petitioner stating why a ruling will not be issued. Unless a ruling states otherwise, rulings contemplated herein shall constitute precedent for the purpose of the Board's application and enforcement of the Rules in this Chapter and Statutes until revoked or overruled by the Board or the Courts. Such rulings shall be indexed by Statute section or Rule and shall be available for inspection by members of the public at the Board office. With respect to indexed rulings, the Board may delete nonessential and repetitive information and may edit any ruling to protect proprietary or confidential information.

245:2-1-15. Request for promulgation, amendment, or repeal of rules

(a) Any interested person may request the Board to promulgate, amend, or repeal a rule. Such request must be in writing and must state the reasons supporting the proposed rule, amendment or repeal. The request must also state whether the proposal conflicts with any existing rule. Further, the request must state what statutory provisions, if any, are involved. The request must be signed by the requester.

(b) These requests must be submitted to the Board's office, either in person or by mail. Requests may be considered by the Board at its next regular meeting or may be continued to a subsequent meeting for further consideration. Upon this preliminary consideration, if the Board approved the proposed change, notice will be given to requester that the proposed rule, amendment or repeal will be formally considered for adoption at a subsequent Board meeting. If, however, the Board initially determines that the proposed rule, amendment or repeal is not necessary, the request will be denied. This denial will be recorded in the regular minutes of the Board.

245:2-1-16. National Council of Examiners for Engineering and Surveying

The Board shall maintain membership in the National Council of Examiners for Engineering and Surveying (NCEES). At the National and Zone annual meetings, the Board may be represented by one or more members of the Board, Executive Director and/or Principal Assistant, and others whom the Board may designate.

245:2-1-17. Methods of payments to the Board [REVOKED]

245:2-1-18. Fees and penalties

Click here to view the schedule of fees and penalties.

245:2-1-19. Severability clause

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.

245:2-1-20. Conflicting statutes

When a Statute or a part of a Statute is found to be in conflict or inconsistent with the provisions of 59 O.S., Sections 475.1 et seq. or the Rules in Chapters 2 or 15 as promulgated by the Board or the Administrative Procedures Act, 75 O.S. Sections 301 et seq., the provisions of 59 O.S., Sections 475.1 et seq. and the Administrative Procedures Act shall govern.

245:2-1-21. Engineering and Surveying Education Assistance Program

(a) The Oklahoma State Board of Licensure for Professional Engineers and Land Surveyors Engineering and Surveying Education Assistance Program was created by the Oklahoma Legislature and is funded and administered by the Board. The fund is to be used for higher education scholarships, for additional instructional courses for persons currently licensed or seeking licensure to practice engineering or land surveying, and for other educational activities or programs that may assist students pursuing a career in engineering or surveying who may choose to pursue professional licensing. The Board shall have the authority to maintain a separate fund for this purpose and the fund may accrue interest. Scholarships may serve as an additional incentive for residents of the State who are pursuing the study of engineering or surveying at a private or public college in Oklahoma in a program of engineering that is EAC/ABET or ETAC/ABET accredited or in a program of surveying that is approved by the Board.

(b) The Board Chair shall appoint a Scholarship and Education Committee of the Board annually from its membership to create and administer the programs. The duties of the committee shall be established by Board Policy.

(d) Preference in the granting of scholarships shall be determined by Board policy. To be eligible for the Engineering and Surveying Assistance Program an applicant must:

(1) be a legal resident of the State of Oklahoma for not less than three (3) years prior to the date of application, or

(2) be a high school graduate from an Oklahoma public or private school, or

be an Oklahoma resident who has attended an Oklahoma college or university for one (1) year prior, and

(3) be enrolled or have been accepted to an accredited college or university in a program that is EAC/ABET or ETAC/ABET for engineering or a surveying program approved by the Board, and

(4) meet all requirements and academic standards established by the Board.

(e) Funds may be awarded to qualified students each academic year as per Board policy. Payment of the scholarship award will be sent to the college or university in direct payment for the student.

(f) Students must reapply annually to be reconsidered for the scholarship.

(g) Additional education and reimbursement programs may be created by the Scholarship and Education Committee to be financially supported through this fund upon approval by the Board.

(h) The Board may use this fund to establish and conduct instructional programs for persons who are currently licensed to practice engineering or land surveying, as well as refresher courses for persons interested in obtaining adequate instruction or programs of study to qualify them for licensure to practice engineering or land surveying. The Board may conduct, sponsor, and arrange for instructional programs and also may carry out instructional programs through extension courses or other media. The Board may enter into plans or agreements with community colleges, public or private institutions of higher learning, the State Board of Education, or with Oklahoma Department of Career and Technology Education for the purpose of planning, scheduling or arranging courses, instruction, extension courses or in assisting in obtaining courses of study or programs in the fields of engineering and land surveying. The Board shall encourage the educational institutions in Oklahoma to offer courses necessary to complete the educational requirements of Section 475.1 et seq. of this title.