§ 43-19.1-27 — Right to practice

North Dakota § 43-19.1-27

• Jurisdiction: North Dakota
• Title 43: Occupations and Professions
• Ch. 43-19.1: Professional Engineers and Land Surveyors

Text

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 service or creative work that is included in both the definition
of the practice of engineering and the definition of land surveying does not require
registration as a professional land surveyor. The practice of land surveying by a
professional land surveyor which includes a service or creative work that is included in
both the definition of the practice of engineering and the definition of land surveying
does not require registration as a professional engineer.
2. The following are not considered offering to practice engineering or surveying in the
solicitation of work if the engineer or surveyor is licensed in another jurisdiction:
a. Advertising in a publication or electronic media if there is no holding out of
professional services in jurisdictions in which not licensed.

b. Responding to a letter of inquiry regarding a request for proposals if there is
written disclosure the engineer, surveyor, or firm is not licensed in this state and
the response is limited to inquiries regarding scope of project and to demonstrate
interest.
c. Responding to a letter of inquiry from a prospective client if there is written
disclosure that the engineer, surveyor, or firm is not licensed in this state and the
response is limited to inquiries regarding scope of project and to demonstrate
interest.
d. Using the title or designation "professional engineer", "licensed engineer", "P.E.",
"professional surveyor", "licensed surveyor", "P.L.S.", or similar title or designation
in correspondence or on business cards from an office in the jurisdiction in which
licensure is held.
3. Notwithstanding subsection 2, a proposal may not be submitted, a contract may not be
signed, or work may not be commenced until an engineer, surveyor, or firm becomes
licensed as provided under this chapter.
4. A registered professional engineer or registered land surveyor may practice or offer to
practice professional engineering or land surveying as an organization or as an
individual operating under a trade name if the organization is registered under or
exempt from the provisions of this chapter.
5. In addition to and without impairing any rights or exemptions granted others in this
chapter, the practice of or offer to practice professional engineering or land surveying
by an organization or by an individual operating under a trade name is permitted in this
state if:
a. All officers, employees, and agents of such an organization or the individual
operating under a trade name who will perform the practice of engineering or of
land surveying within this state are registered under this chapter;
b. Each person in responsible charge of the activities of any organization or
individual operating under a trade name which activities constitute the practice of
professional engineering and land surveying, is a professional engineer or land
surveyor registered in this state or an individual authorized to practice
professional engineering or land surveying as provided in this chapter;
c. Such organization or individual operating under a trade name has been issued a
certificate of commercial practice by the board as provided by subsection 6;
d. Each organization or individual operating under a trade name is jointly and
severally responsible with and for the conduct or acts of its agents, employees,
officers, or managers in respect to any professional engineering or land surveying
services performed or to be executed in this state. An individual practicing
professional engineering or land surveying may not be relieved of the
responsibility for the individual's conduct or acts performed by reason of the
individual's employment by or relationship with such organization or individual
operating under a trade name; and
e. All final drawings, specifications, plans, reports, or other engineering or land
surveying papers or documents involving the practice of professional engineering
or land surveying, when presented to a client, contractor, subconsultant, or any
public agency, must be dated and bear the seals and signatures of the
professional engineers or land surveyors registered under this chapter by whom
or under whose responsible charge they were prepared. A working drawing or
unfinished document must contain a statement to the effect the drawing or
document is preliminary and not for construction, recording purposes, or
implementation. It is unlawful for a registrant to affix or permit the registrant's seal
and signature or facsimiles thereof to be affixed to any engineering drawing,
specification, map, plat, report, or other document after the expiration or
revocation or during the suspension of a certificate or for the purpose of aiding
and abetting any other person to evade or attempt to evade any provision of this
chapter.

6. An organization or individual operating under a trade name desiring a certificate of
commercial practice or the renewal thereof shall file a written application with the
board setting forth the names and addresses of all partners, officers, directors,
managers, or governors, if any, of such organization and the names and addresses of
all employees who are duly registered to practice professional engineering or land
surveying in this state, and who are or will be in responsible charge of any engineering
or land surveying in this state by such organization or individual operating under a
trade name, together with other information as the board may require. Upon the
receipt of an application, and of a fee in an amount established by the board for the
initial certificate or renewal thereof, but not to exceed the amount of two hundred
dollars per year, the board shall issue to such organization or individual operating
under a trade name a certificate of commercial practice or a renewal thereof, which
certificate of commercial practice is not transferable. If the board finds an error in an
application or that facts exist which would entitle the board to suspend or revoke a
certificate if issued to the applicant, the board shall deny the application. If a change
occurs in any of the information submitted on the application of any organization or
individual operating under a trade name within the term of the certificate of commercial
practice, the organization or individual operating under a trade name shall file with the
board a written report with respect to the change within thirty days after the change
occurs. The provisions with respect to issuance, expiration, renewal, and reissuance of
the certificates of registration of individuals contained in this chapter also apply to
certificates of commercial practice issued to an organization or individual operating
under a trade name under this subsection. An organization or individual operating
under a trade name is subject to disciplinary proceedings and penalties and
certificates of commercial practice are subject to suspension or revocation for cause in
the same manner and to the same extent as is provided with respect to an individual
and the individual's certificates of registration in sections 43-19.1-26, 43-19.1-29, and