§ 40-22-230 — Application forms; references; written examinations; reexaminations; issuance of certificate of registration; reissuance of revoked certificate.

(A) Applications for licensure must be on forms prescribed and furnished by the board and must contain statements made under oath showing the applicant's education and a detailed summary of his technical work. (1) The application for engineering licensure must contain no fewer than five references of whom three or more are licensed engineers having personal knowledge of the applicant's engineering experience, or other references approved by the board. In addition, the application must contain references to verify each employment period. The board shall solicit comments from references furnished; these comments must be confidential and privileged information for use only by the board. (2) The application for surveying licensure must contain no fewer than five references of whom three or more must be licensed surveyors having personal knowledge of the applicant's surveying experience, or other references approved by the board. In addition, the application must contain references to verify each employment period. The board shall solicit comments from references furnished; these comments must be confidential and privileged information for use only by the board. (B) Required examinations must be held at the time and place the board determines. Examinations must be given for the purpose of determining the qualifications of applicants for licensure separately in engineering and surveying. (C) A person who holds a certificate of registration to engage in the practice of engineering or surveying issued on comparable qualifications from a state, territory, or possession of the United States, or of a foreign country, must be given comity consideration. The applicant is required to take such examinations as the board considers necessary to establish that his qualifications meet the requirements of this chapter and the regulations promulgated by the board; however, a surveying applicant must pass an examination including questions of law, procedures, and practices pertaining to the practice of surveying in this State. (D)(1) A candidate who has failed an examination may apply for reexamination after payment of applicable examination fees and after a period of time determined by the board, but: (a) no earlier than three months following the date of the failed examination; and (b) no more than three times in one calendar year. (2) A candidate for licensure who has failed the same topical examination two times shall provide evidence satisfactory to the board that the candidate has taken additional undergraduate college courses, attended seminars, or accomplished self-study to enhance his prospects for passing the exam. The board may refuse further examination until the candidate provides acceptable evidence. A candidate who has failed three times must submit a new application. (E) The board shall issue a certificate of registration upon payment of the registration fee to an applicant who has satisfactorily met all the requirements of this chapter. In the case of a professional surveyor, the certificate authorizes the practice of TIER A or TIER B surveying as applicable. A certificate of registration must state the full name of the licensee and have a license number. (F) The issuance of a certificate of registration by the board is prima facie evidence that the person is licensed and is entitled to all the rights and privileges of a professional engineer or of a professional surveyor while the license remains unrevoked or unexpired. (G) The board, for sufficient reason, may reissue a certificate of registration to a person whose license has been revoked if a majority of the members of the board vote in favor of reissuance. A new certificate of registration to replace a revoked license or a certificate which has become lost, destroyed, or mutilated may be issued, subject to the rules of the board, and a charge to be determined by the board in regulation must be made for the issuance.

Legislative History

HISTORY: 2000 Act No. 311, SECTION 1; 2016 Act No. 259 (S.685), SECTION 11, eff June 3, 2016. Editor's Note Prior Laws:1991 Act No. 99, SECTION 1; 1976 Code SECTIONS 40-22-280, 40-22-300, 40-22-310, 40-22-320, 40-22-330, 40-22-340. Effect of Amendment 2016 Act No. 259, SECTION 11, in (A)(1) and (A)(2), inserted ", or other references approved by the board"; in (B), substituted "Required examinations" for "When written examinations are required, they"; in (C), substituted "must pass an examination" for "must pass a written examination"; rewrote (D); and in (E), substituted "registration fee to an applicant who" for "registration fee as provided in this chapter to an applicant who, in the opinion of the board,", and substituted "full name of the licensee and have a license number" for "full name of the licensee, have a serial number, and must be signed by the chairman and the secretary of the board under seal of the board".