THE PROFESSIONAL ENGINEERS ACT - CLSAcaliforniasurveyors.org/members/1983_PE_PLS.pdfTHE PROFESSIONAL...

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STATE OF CALJFORNIA GEORGE DEUKMEJIAN. Governor MARIE SHIBUYA-SNELL Diree/or THE PROFESSIONAL ENGINEERS ACT Issued by BOARD OF REGISTRATION FOR PROFESSIONAL ENGINEERS 1983 ACT INCLUDES AMENDMENTS THROUGH 1-1-83 NICK BEVILACQUA,Executlve Secretary 1006 Fourth Street, 6th Floor Sacramento, California

Transcript of THE PROFESSIONAL ENGINEERS ACT - CLSAcaliforniasurveyors.org/members/1983_PE_PLS.pdfTHE PROFESSIONAL...

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STATE OF CALJFORNIA

@~~igGEORGE DEUKMEJIAN.

GovernorMARIE SHIBUYA-SNELL

Diree/or

THE PROFESSIONAL ENGINEERS ACT

Issued by

BOARD OF REGISTRATION FORPROFESSIONAL ENGINEERS

1983

ACT INCLUDES AMENDMENTS THROUGH 1-1-83

NICK BEVILACQUA,Executlve Secretary

1006 Fourth Street, 6th Floor Sacramento, California

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THE PROFESSIONAL ENGINEERS AOT 3

Seal :.................. 6719, 6764Certificate of registration

Duplicate certificate 6765Fee 6799

Duration 6795Engineering-in-training 6756Issuance of 6762

Without written examination.............................................................. 6759Presumptive evidence of registration 6766Renewal................................................................................ 6795, 6796, 6796.1Revocation or suspension 6775Temporary registration 6760Unlawful to use, after expiration, suspension or revocation 6733

Citation of law 6700Civil Engineer

Defined 6702Registration required to protect public 6730Use of title 6732, 6787

Consulting EngineerExemption from restrictions on use of title 6732.1Licensed photogrammetric surveyor as 6732.2Use of title 6732

DefinitionsCivil engineer 6702Electrical engineer 6702.1, 6734.1Mechanical engineer 6702.2, 6734.2Professional engineer 6701Responsible charge of work 6703Supervision of construction 6703.1Subordinate 6705

Disciplinary proceedingsConduct of 6776Grounds for 6733 6775Investigation of complaints 6775

Education, experience equivalenceApplicant for registration 6751, 6753

Electrical engineerDefined 6702.1Registration required to protect public 6730Use of title 6732, 6787

Engineer-in-trainingCertificate 6756Duration of certificate 6756Fee for application for certificate 6799Limitations on authority 6756.2Qualifications of applicant 6751

Examination for registration or certificationEngineer-in-training 6755Professional engineer 6755

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Re-examination after failure : 6758Required 6751Scope of 6754, 6755Test of knowledge and ability 6755Time and place of 6754

ExemptionsArchitects 6737Civil engineers 6737.2Contractors 6737.3, 6737.4Employees of

Communications companies and contractors 6746Federal government 6739

Group practice 6738, 6738.1Industrial corporations 6747Land surveyors 6743Lessee of property 6744Non-residents , 6741Owner of property 6744Real estate licenses 6742Specific services........... 6745Structures 6737.1Subordinate 6740

Experience qualificationsApplicants for registration 6751, 6752, 6753

FeesApplication 6799Duplicate certificate 6799Fund, professional engineers, accrual to 6797Issuance of certificate of registration to replace an expired· one 6796.3Re-examination for registration 6758Refunds 6763.5, 6798Renewal of certificate 6795

Expired while suspended 6796.1Expired while revoked 6796.2Failure to renew within five years................................................ 6796.3

Reinstatement of certificate expired for failure to renew 6796Schedule of 6799Structural engineer's certificate of authority 6799Temporary registration 6799

Group practice.................................................................................. 6738-6738.2Mechanical engineer

Defined 6702.2Registration required to protect public 6730Use of title 6732, 6787

Misdemeanors 6787Duty of respective members of the legal system to prosecute 6786

Professional engineerBasis for granting certificate 6762Defined 6701

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Grounds for discipline of : 6775May obtain a seal 6764Renewal of registration certificate as 6795-6796.1Stamping or signing plans unlawful by others 6732Use of title 6704, 6787

Protected titleCertificate or authority to use, duration 6795Unlawful use of 6732, 6787Use of 6704

Together with signature or seal........................................................ 6735Registration

Application for 6750-6753.5Armed forces, credit for experience 6753.5By comity 6759Education, experience credit for 6751, 6753Experience qualifications for 6751, 6752Necessity of, for Civil, Electrical and Mechanical Engineers 6730Temporary 6760Without examination 6767

Revocation or suspension of certificateCauses 6775Conviction following plea of nolo contendere 6779Reissuance 6777

Roster, filing with secretary of state 6715Structural authority

Application for 6763Experience for 6736, 6751.2, 6753.5Requirement for prior civil registration 6736

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THE PROFESSIONAL ENGINEERS ACT

Chapter 1709, Statutes of 1951 05 Amended by Chapter 965, Statutes of 1953; Chapters688,689,1013,1336,1805,1808, Statute. af 1955; Chapter. 198, 199,228,1708,2084,2177, Statutes of 1957; Chapters 408,1645,1888, Statutes of 1959; Chapter 4, Statutesaf 1960; Chapter. 73,189,696,1252 and 1821, Statute. af 1961; Chapter 933, Statute.af 1963; Chapter. 337, 769, 1455 and 1967, Statute. af 1965; Chapter. 739, 811, 1463,1656, and 1712, Statutes of 1967; Chapters 444, 895, 1049, 1175, and 1374, Statutesaf 1968; Chapter. 181,371,372,397,861, lOBO, and 1204, Statute. af 1969; Chapter.347,505,888, and 1207, Statutes of 1970; Chapters 92, 108,320,321,322,323,324,716,784,893,1133,1134,1157 and 1328, Statute. af 1971; Chapter. 365, 558, 646 and793, Statutes of 1972; Chapters 60 Qnd 250, Statutes of 1973; Chapters 931 and 1064,Statutes of 1974; Chapters 579 and 896, Statutes of 1975; Chapters 439, 1188 and1189, Statutes of 1976; Chapters 526 and 576, Statutes of 1977; Chapters 238, 600and 1082, Statute. af 1978; Chapter 824, Statute. af 1979.

Comprising Chapter 7 ofDivision 3, of the Business and ProfessionsCode, relating to professional engineers.

CHAPTER 7. PROFESSIONAL ENGINEERS

Article 1. General Provisions6700. This chapter of the Business and Professions Code constitutes the

chapter on professional engineers in the branches of chemical, civil, elec­trical, industrial mechanical, metallurgical, and petroleum engineeringand in such other engineering disciplines as are approved by the board asnecessary for the protection of the public health and safety. It may be citedas the Professional Engineers Act.

6700.1. The board may establish, by rule, the criteria and filing fee forthe establishment of an engineering discipline by petition. Such fee shallbe set by the board in an amount not to exceed the cost of the investigationof such petition. In no event shall the fee exceed one thousand five hun­dred dollars ($1,500).

670I. "Professional engineer," within the meaning and intent of thisact, refers to a person engaged in the professional practice of renderingservice or creative work requiring education, training and experience inengineering sciences and the application of special knowledge of themathematical, physical and engineering sciences in such professional orcreative work as consultation, investigation, evaluation, planning or de­sign of public or private utilities, structures, machines, processes, circuits,buildings, equipment or projects, and supervision of construction for thepurpose of securing compliance with specifications and design for anysuch work.

6702. "Civil engineer" as used in this chapter means a professionalengineer in the branch of civil engineering and refers to one who practicesor offers to practice civil engineering in any of its phases.

6702.1. "Electrical engineer" as used in this chapter means a profes­sional engineer in the branch of electrical engineering and refers to onewho practices or offers to practice electrical engineering in any of itsphases.

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6702.2. "Mechanical engineer" as used in this chapter means a profes­sional engineer in the branch of mechanical engineering and refers to onewho practices or offers to practice mechanical engineering in any of itsphases.

6703. The phrase "responsible charge of work" means the independ­ent control and direction, by the use of initiative, skill, and independentjudgment, of the investigation or design or professional engineering workor the direct engineering control of such projects.

6703.1. The phrase "supervision of the construction of engineeringstructures" means the periodic observation of materials and completedwork to observe their general compliance with plans, specifications, anddesign and planning concepts, and does not include responsibility for thesuperintendence of construction processes, site conditions, operations,equipment, personnel, or the maintenance of a safe place to work or anysafety in, on, or about the site of work.

6704. In order to safeguard life, health, property, and public welfare,only persons registered under the provisions of this chapter shall be enti­tled to take and use the titles "consulting engineer," "professional engi­neer," or "registered engineer," or any combination of those titles, andaccording to registration with the board the titles "civil engineer," struc­tural engineer," "soil engineer," chemical engineer," "electrical engi­neer," "industrial engineer," "mechanical engineer," "metallurgicalengineer," "petroleum engineer," "engineer-in-training" or the titles insuch other branches as the board may establish. The provisions of this actpertaining to registration of professional engineers in the branches ofchemical, electrical, industrial, mechanical, metallurgical, soil, and petro­leum engineering do not apply to employees in the communication indus­try; nor to the employees of contractors while engaged in work oncommunication equipment; however, those employees may not use thetitle unless registered. The provisions of this section shall not prevent theuse of the title "consulting engineer" by a person who has qualified for andmaintained exemption for using that title under the provisions of Section6732.1, or by a person licensed as a photogrammetric surveyor under theprovisions of Chapter 15 (commencing with Section 8700) of Division 3regardless ofwhether or not he has received commissions from clients andfees for services rendered.

Article 2. Administration6710. There is in the Department of Consumer Affairs a State Board

of Registration for Professional Engineers, which consists of 13 members.6711. Each member ofthe board shall be a citizen of the United States.

Five members shall be registered under this chapter. One member shallbe licensed under the Land Surveyors' Act, Chapter 15 (commencing withSection 8700) of this division, and seven shall be public members who arenot registered under this act or licensed under the Land Surveyors' Act.Each member, except the public members, shall have at least 12 yearsactive experience and shall be of good standing in his profession. Eachmember shall be at least 30 years of age, and shall have been a residentof this state for at least five years immediately preceding his appointment.

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6712. All appointments to the board shall be for a term of four years.Vacancies shall be filled by appointment for the unexpired term. Eachappointment thereafter shall be for a four-year term expiring on June 1of the fourth year following the year in which the previous term expired.

Each member shall hold office until the appointment and qualificationof his successor or until one year shall have elapsed since the expirationof the term for which he was appointed, whichever first occurs. No personshall serve as a member of the board for more than two consecutive terms,but this provision shall not apply to any member in office on November23,1970.

The Governor shall appoint professional members so that one is licensedto practice engineering as a civil engineer, one as an electrical engineer,one as a mechanical engineer, another is authorized to use the title ofstructural engineer, and one is a member ofone of the remaining branchesof engineering.

The Governor shall appoint five of the public members and the profes­sional members qualified as provided in Section 6711. The Senate RulesCommittee and the Speaker of the Assembly shall each appoint a publicmember, and their initial appointment shall be made to fill, respectively,the first and second public member vacancies which occur on or afterJanuary 1, 1983.

6713. The Governor may remove any member of the board for miscon­duct, incompetency or neglect of duty.

6714. The board shall appoint an executive secretary at a salary to befixed and determined by the board with the approval of the Director ofFinance.

6715. The secretary shall keep a complete record of all applications forregistration and the board's action thereon and, once every four years,shall prepare a roster showing the names and addresses of all registeredprofessional engineers. Between July 1 and December 1 in each year,except the year in which the roster is prepared, he shall prepare a supple­mental roster showing changes in and additions to the roster.

A copy of the roster and supplemental roster shall be filed with theSecretary of State. Copies of each shall be avallable on application to thesecretary, at such price per copy as may be fixed by the board.

6716. The board may adopt such rules and regulations as are not incon­sistent with law and as are reasonably necessary to govern its action. Suchrules and regulations shall be adopted in accordance with the provisionsof the Administrative Procedure Act.

The board shall hold at least two regular meetings each year. Specialmeetings shall be held at such times as the board rules provide. Notice ofall meetings shall be governed by the board rule. A majority of the boardconstitutes a quorum.

6717. The board may, by regulation, define the scope of each branchof professional engineering other than civil engineering for which regis­tration is provided under this chapter.

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6718. Any member of the board may administer oaths and may taketestimony and proofs concerning all matters within the board's jurisdic­tion.

6719. The board shall adopt and have an official seal which shall beaffixed to all certificates of registration.

6720. Each member of the board shall receive a per diem and expensesas provided in Section 103.

6726. The board, when it deems necessary, may establish professionalengineers investigation committees to assist the board in the investigationof claims of violation of any provision under this chapter. Each committeeshall report its findings and recommendations to the board. Any memberof such a committee may act as an expert witness at a hearing conductedby the board when the hearing is conducted as a result of the committee'sinvestigation.

Each committee shall exist so long as the board deems that it is neces­sary.

6726.1. Each member of each committee shall be appointed by theboard and shall serve at the pleasure of the board. Each committee shallbe composed of no more than five members.

6726.2. Each member of each committee shall be an expert in thebranch of engineering that the committee is investigating and shall beregistered under this chapter.

6726.3. . All the members of each committee shall serve without com­pensation but shall receive per diem and expenses as provided in Section103.

6726.4. Each member ofeach investigation committee shall be grantedthe same immunity as is granted to a public employee pursuant to Article3 (commencing with Section 820) of Chapter 1 of Part 2 of Division 3.6 ofTitle 1 of the Government Code.

Article 2.3. Professional Engineers Review Committees6728. The board, when it deems necessary, may establish professional

engineers review committees to hear all matters assigned by the board,including, but not limited to, any contested case which is assigned by theboard. Each committee shall exist so long as the board deems that it isnecessary.

6728.1. Each review committee shall consist of no fewer than threeregistered professional engineers appointed by the board. Each memberof a committee shall have the same qualifications and shall be subject tothe same rules and regulations as if he were a member of the board.

6728.2. Each member of a committee shall receive a per diem andexpenses as provided in Section 103 of this code.

6728.3. Except as otherwise provided in this article, all hearings whichare conducted by a committee shall be conducted in accordance with theprovisions of Chapter 5 (commencing with Section 11500) , Part 1, Division3, Title 2 of the Government Code.

If a contested case is heard by a committee, the hearing officer who

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presided at the hearing shall be present during the committee's considera­tion of the case and, if requested, shall assist and advise the committee.

6728.4. At the conclusion of any hearing which is conducted by a com­mittee, the committee shall prepare a proposed decision, in such form thatit may be adopted by the board as the decision in the case, and shalltransmit it to the board. The proposed decision shall be subject to the sameprocedure as the proposed decision of a hearing officer under subdivisions(b) and (c) of Section 11517 of the Government Code.

6728.5. The board may adopt, amend or repeal, in accordance with ,heprovisions of Chapter 4.5 (commencing with Section 11371), Part 1, Divi­sion 3, Title 2 of the Government Code, such rules and regulations as arenecessary to implement these sections.

Article 3. Application of Chapter6730. In order to safeguard life, health, property and public welfare,

any person, either in a public or private capacity, except as in this chapterspecifically excepted, who practices, or offers to practice, civil engineer­ing, electrical engineering or mechanical engineering, in any of itsbranches in this state, shall submit evidence that he is qualified to practice,and shall be registered accordingly as a civil engineer, electrical engineeror mechanical engineer by the board.

6730.1. On or before June 30,1983, the State Board of Registration forProfessional Engineers shall review all existing engineering title disci­plines and submit a report to the Legislature on its findings. The boardshall make recommendations to the Legislature regarding practice regula­tion changes and the termination, modification, or conversion to practiceregistration of any existing title disciplines.

6731. Civil engineering embraces the following studies or activities inconnection with fixed works for irrigation, drainage, waterpower, watersupply, flood control, inland waterways, harbors, municipal improve­ments, railroads, highways, tunnels, airports and airways, purification ofwater, sewerage, refuse disposal, foundations, framed and homogeneousstructures, buildings, or bridges:

(a) The economics of, the use and design of, materials of constructionand the determination of their physical qualities.

(b) The supervision of the construction of engineering structures.(c) The investigation of the laws, phenomena and forces of nature.(d) Appraisals or valuations.(e) The preparation and!or submission of designs, plans and specifica­

tions and engineering reports.Civil engineering also includes city and regional planning insofar as any

of the above features are concerned therein.Civil engineering also includes land surveying as defined in Chapter 15

(commencing with Section 8700) of Division 3, provided that for civilengineers who become registered after January 1, 1982, they shall pass theexamination provided for in Section 8740.2, before practicing land survey­ing as defined in Chapter 15 (commencing with Section 8700) of Division3.

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6732. It is unlawful for anyone other than a professional engineer regis­tered under this chapter, to stamp or seal any plans, specifications, plats,reports, or other documents with the seal or stamp of a professional engi­neer, or to in any manner use the title "professional engineer," "chemicalengineer," "civil engineer," "electrical engineer," "mechanical engi~

neer," "metallurgical engineer," "petroleum engineer," "industrial engi­neer," "consulting engineer," or the titles in such other branches as theboard may establish, or any combination of such words and phrases unlessregistered hereunder.

6732.1. Any person who has been granted permission to use the title"consulting engineer" pursuant to legislation enacted at the 1963, 1965, or1968 Regular Session is exempt from the provisions of Section 6732 as itrestricts the use of the title "consulting engineer", and such exemptionshall apply so long as the applicant remains in practice and advises theboard of any change of address within 30 days of such change. The boardmay adopt such rules under provisions of the Administrative ProcedureAct as are necessary to implement this section.

The provisions of Articles 5 (commencing with Section 6775),6 (com­mencing with Section 6785), and 7 (commencing with Section 6795) oHhischapter shall apply to all persons who are granted permission to use thetitle "consulting engineer" pursuant to legislation enacted in 1963 and1965 and the amendments to this section enacted at the 1968 RegularSession.

6732.2. Any person who possesses a valid certificate to practice photo­grammetry issued to him under the provisions of Chapter 15 (commenc­ing with Section 8700) of this division may apply for, and be issued, acerticate of authority to use the title "consulting engineer," if all of thefollowing requirements are satisfied:

(a) Application is made on a form provided by the board and is accom­panied by the fees prescribed in Section 8805.

(b) Information submitted evidences to the satisfaction of the boardthat the applicant has had five years of independent control in furnishingconsulting photogrammetric, geodetic, or topographic surveying servicesor consulting surveying services in connection with fixed works as definedin Section 6731.

Authority to use the title "consulting engineer" granted under thissection does not affect authorizations made under the several provisionsprovided in Section 6732.1.

Authority to use the title "consulting engineer" granted under thissection shall remain valid only while its holder's basic license is valid, andif it lapses it may be renewed only as provided in Article 7 (commencingwith Section 6795).

The provisions of Article 5 (commencing with Section 6775), Article 6(commencing with Section 6785), and Article 7 (commencing with Sec­tion 6795), of this chapter, shall apply to the certificates issued as providedin this section and to the persons so certificated.

6733. It is unlawful for anyone to stamp or seal any plans, specifications,plats, reports, or other documents with the seal after the certificate of the

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registrant, named thereon, has expired or has been suspended or revoked,unless the certificate has been renewed or reissued.

6734. Any person practices civil engineering when he professes to bea civil engineer or is in responsible charge of civil engineering work.

6734.1. Any person practices electrical engineering when he professesto be an electrical engineer or is in responsible charge of electrical engi­neering work.

6734.2. Any person practices mechanical engineering when he pro­fesses to be a mechanical engineer or is in responsible charge of mechani­cal engineering work.

6735. All civil engineering plans, specifications, reports or documentsshall be prepared by a registered civil engineer or by a subordinate em­ployee under his or her direction, and shall be signed by him or her toindicate his or her responsibility for them. In addition to his or her signa­ture, he or she shall show his or her registration number or the stamp ofhis or her seal. The registered civil engineer shall use together with his orher signature or seal, the title "civil engineer" or, if he or she has theauthority, the title "structural engineer" or, if he or she has the authority,the title "soil engineer."

6735.1. All electrical engineering plans, specifications, reports or docu­ments prepared by a registered electrical engineer or by a subordinateunder his direction shall be signed by him to indicate his responsibility forthem. In addition to his signature, he shall show his registration numberor the stamp of his seal.

6735.2. All mechanical engineering plans, specifications, reports ordocuments prepared by a registered mechanical engineer or by a subordi­nate under his direction shall be signed by him to indicate his responsibili­ty for them. In addition to his signature, he shall show his registrationnumber or the stamp of his seal.

6736. No person shall use the title, "structural engineer," unless he isa registered civil engineer in this State and, furthermore, unless he hasbeen found qualified as a structural engineer according to the rules andregulations established therefor by the board.

6736.1. On or after January 1, 1983, no person shall use the title, "soilengineer," unless he or she is a registered civil engineer in this state andhe or she has been found qualified as a soil engineer according to the rulesand regulations established therefor by the board. Any person who is apracticing soil and foundation engineer on January 1, 1983, shall be enti­tled to continue to hold himself or herself out as a soil and foundationengineer or to use the title of soil and foundation engineer on and afterJanuary 1, 1983.

6737. An architect, who holds a certificate to practice architecture inthis State under the provisions of Chapter 3 of Division 3 of this codeinsofar as he practices architecture in its various branches, is exempt fromregistration under the provisions of this chapter.

6737.1. This chapter does not prohibit the preparation of plans, draw­ings, specifications, estimates, or instruments of service by any person notregistered as a civil, electrical or mechanical engineer for:

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(a) Single or multiple dwellings not more than two stories and base­ment in height.

(b) Garages or other structures appurtenant to buildings describedunder subdivision (a) of this section.

(c) Farm or ranch buildings.(d) Anyone-story building where the span between bearing walls does

not exceed twenty-five (25) feet; provided, however, that the exemptionin this subdivision does not apply to a steel frame or concrete building.

6737.2. Nothing in this chapter shall prohibit a civil engineer, regis­tered under the provisions of this chapter, from practicing or offering topractice any engineering in connection with or supplementary to civilengineering studies or activities as defined in Section 6731.

6737.3. For the purpose of this chapter a contractor, licensed underChapter 9 (commencing with Section 7000) of Division 3, is exempt fromthe provisions of this chapter relating to the practice of electrical or me­chanical engineering so long as the services he holds himself out as ableto perform or does perform, which services are subject to the provisionsof this chapter, are performed on behalf of the contractor by, or under theresponsible supervision of a registered electrical or mechanical engineerinsofar as the electrical or mechanical engineer practices the branch ofengineering for which he is registered.

6737.4. This chapter does not prohibit a contractor, licensed underChapter 9 (commencing with Section 7000) of Division 3, while engagedin the business of contracting for the installation ofelectrical or mechani­cal systems or facilities, from designing such systems or facilities in accord­ance with applicable construction codes and standards for work to beperformed and supervised by such contractor within the classification forwhich his license is issued, or from preparing electrical or mechanical shopor field drawings for work which he has contracted to perform. Nothingin this section is intended to imply that a licensed contractor may designwork which is to be installed by any other person.

6738. (a) This chapter does not prohibit one or more civil, electricalor mechanical engineers from practicing or offering to practice within thescope of their registration, civil, electrical or mechanical engineeringthrough the medium of a partnership, firm or corporation, provided:

(1) A civil, electrical or mechanical engineer is the partner, member,or directing officer in charge of the engineering practice of the partner­ship, firm, or corporation.

(2) All engineering plans, specifications, and reports are prepared byor under the direct supervision of a registered engineer in the appropriatebranch of professional engineering, who shall sign or stamp with his sealsuch plans, specifications, and reports.

(3) The partnership, firm or corporate name shall not contain the nameof any person who is either not registered by the board in a branch ofprofessional engineering, or as an architect, or of any person who is notregistered as a geologist under the provisions of the Geologist Act (Chap­ter 12.5, commencing with Section 7800, of this division); provided, that

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any holding out by such partnership, firm, or corporation of any individualor individuals to the public as a member, or members, ofsuch partnership,firm, or corporation, other than by the use of the name or names of suchindividual or individuals in the partnership, firm, or corporate name, shallclearly and specifically designate the license status of such individual orindividuals.

(b) Except as provided in Section 6737.2, nothing herein shall authorizethe offering to practice or the practice of civil, electrical or mechanicalengineering by any persons, either as a member, officer or employee ofany partnership, firm, or corporation, who is not registered in the appro­priate branch of professional engineering.

(c) This chapter does not prevent or prohibit an individual, firm, com­pany, association or corporation engaged in any line ofbusiness other thanthe practice of civil, electrical or mechanical engineering from employinga registered civil, electrical or mechanical engineer to perform the corre­sponding civil, electrical or mechanical engineering services incidental tothe conduct of their business.

(d) The provisions of this section shall not apply to, or prevent the useof the name of, any partnership, firm, or corporation engaged in renderingcivil engineering services which lawfully is in existence, or was lawfully inexistence on or after September 30, 1947; provided, all civil engineeringplans, specifications, and reports are prepared by or under the directsupervision of a registered civil engineer, who may be a member of thefirm, or a permanent employee of the partnership, firm, or corporation;provided further, that all civil engineering plans, specifications and re­ports shall be signed by or stamped with the seal of the registered civilengineer in charge of the preparation of the same.

Nor shall they apply to or prevent the use of the name of any partner­ship, firm, or corporation engaged in rendering electrical or mechanicalengineering services which lawfully is in existence, or was lawfully inexistence, on or after December 31, 1967; provided all electrical or me­chanical engineering plans, specifications, and reports are prepared corre­spondingly by or under the direct supervision of a registered electrical ormechanical engineer, who may be a member of the firm, or a permanentemployee of the partnership, firm, or corporation; provided further thatall electrical or mechanical engineering plans, specifications and reportsshall correspondingly be signed by or stamped with the seal of the regis­tered electrical or mechanical engineer in charge of the preparation of thesame.

(e) The provisions of this section shall not prevent the use of the nameof a partnership, firm, or corporation engaged in rendering professionalengineering services which lawfully is in existence or was lawfully inexistence on or after September 30, 1947, by any lawful successor in inter­est or survivor if the board, upon written application informing it of theproposed method of carrying on the business and of the changes, if any,in personnel in charge of the engineering activities of the successor orsurvivor, determines, after investigation, that the actual operating organi­zation of the partnership, firm, or corporation is substantially carried intoand becomes an operating part of the successor or survivor and that the

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public safety, health, and welfare will not be impaired; provided that inthe practice of professional engineering such successor in interest or survi·vor shall otherwise be subject to the provisions of paragraphs (1) and (2)of subdivision (a) of this section.

6738.1. The provisions of Section 6738 shall not prevent a partnership,firm, or corporation engaged in rendering professional engineering serv­ices from using in its name the name of a deceased or retired person where(a) the deceased or retired person's name had been used in the name ofsuch partnership, firm, corporation, or a predecessor in interest of suchpartnership, firm, or corporation, for a period of five consecutive yearsprior to the death or retirement and continuously afh'r the death orretirement, and where (b) the deceased or retired persG. ..hall have beena partner of such partnership, member of such firm, shareholder of suchcorporation, or a partner, member, or shareholder of such predecessor ininterest of the partnership, firm or corporation, and where (c) thedeceased or retired person shall have been registered by the board in abranch of professional engineering, or as an architect continuously for aperiod of five years prior to his death or retirement, if the board, uponwritten application informing it of the proposed method ofcarrying on thebusiness and of the changes, if any, in personnel in charge of the engineer­ing activities of such partnership, firm, or corporation, determines, afterinvestigation, that the actual operating organization thereof is otherwisesubstantially the same as prior to the death or retirement and that thepublic safety, health, and welfare will not be impaired; provided that aretired person has consented to the continued use of his name, does notengage in the practice of professional engineering in California with anyother partnership, firm, or corporation during the period of such consent,and does not permit the use of his name in the practice of professionalengineering in California during the period of such consent by anyoneother than the partnership, firm, or corporation from which he retired;and provided further that in the practice of professional engineeringthrough such partnership, firm, or corporation it shall continue to be socarried on and shall otherwise be subject to the provisions of paragraphs(1) and (2) of subdivision (a) of Section 6738. A partnership, firm, orcorporation, which has complied with the provisions of subdivision (e) ofSection 6738 shall be exempted from compliance with this section.

Any partnership, firm, or corporation using in its name the name of adeceased person as provided for in this section shall designate on its letter­heads and other listings of firm personnel the years in which the deceasedwas born and died.

6738.2. Notwithstanding the provisions of subdivision (a) of Section6738 the name of a partnership, firm, or corporation under which anengineer offers to and does practice may contain the names of licensedland surveyors, if all other conditions of Sections 6738 and 8729 are com­plied with.

6739. Officers and employees of the United States of America practic·ing solely as such officers or employees are exempt from registrationunder the provision of this chapter.

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16 THE PROFESSIONAL ENGINEERS ACT

6740. A subordinate to a civil, electrical or mechanical engineer regis­tered under this chapter, or a subordinate to a civil, electrical or mechani­cal engineer exempted from registration under this chapter, insofar as heacts solely in such capacity, is exempt from registration under the provi­sions of this chapter. This exemption, however, does not permit any suchsubordinate to practice civil, electrical or mechanical engineering in hisown right or to use the title, "civil engineer" or "structural engineer" or"electrical engineer" or "mechanical engineer."

6741. Any person, firm, partnership, or corporation is exempt fromregistration under the provisions of this chapter who meets all the follow­ing:

(a) Is a nonresident of the State of California.(b) Is legally qualified in another state to practice as a civil engineer.(c) Does not maintain a regular place of business in this state.(d) Offers to but does not practice civil engineering in this state.6742. Any person, firm or corporation holding a license as real estate

broker or real estate salesman, when making appraisals and valuations ofreal estate properties, while engaged in the business or acting in thecapacity of a real estate broker or a real estate salesman, within the mean­ing of the California Real Estate Act is exempt from registration under theprovisions of this chapter.

6743. This chapter does not affect Chapter 15 of Division 3 of this code,relating to surveyors, except insofar as this chapter is expressly madeapplicable.

6744. This chapter does not require registration for the purpose ofpracticing civil engineering, by an individual, a member of a firm orpartnership, or by an officer of a corporation on or in connection withproperty owned or leased by the individual firm, partnership, Or 'corpora­tion, unless the civil engineering work to be performed involves the publichealth or safety or the health and safety of employees of the individual,firm, partnership or corporation.

6745. This chapter does not prohibit any person, firm or corporationfrom furnishing, either alone or with subcontractors, labor and materials,with or without plans, drawings, specifications, instruments of service orother data covering with such labor and materials:

(a) For store fronts, interior alterations or additions, fixtures, cabinetwork, furniture or other appliances or. equipment.

(b) For any work necessary to provide for their installation.(c) For any alterations or additions to any building necessary to or

attendant upon the installation of such store fronts, interior alterations oradditions, fixtures, cabinet work, furniture, appliances or equipment; pro­vided, such alterations do not affect the structural safety of the building.

6746. Plans, specifications, reports and documents relating to com­munication lines and equipment prepared by employees of communica­tions companies which come under the jurisdiction of the Public UtilitiesCommission, and by employees of contractors while engaged in work oncommunication equipment for communications companies which comeunder the jurisdiction of the Public Utilities Commission, are not subjectto the provisions of this chapter.

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THE PROFESSIONAL ENGINEERS ACT 17

6747. This chapter, except for those provisions which apply to civilengineers and civil engineering, shall not be applicable to the perform­ance of engineering work by a manufacturing, mining, public utility, re­search and development or other industrial corporation or by employeesof such corporation, provided such work is in connection with or inciden­tal to the products, systems, or services of such corporation or its affiliates.

Article 4. Registration6750. An application for registration as a professional engineer or certi­

fication as an engineer-in-training shall be made to the board on theprescribed form, with all statements made therein under oath, and shallbe accompanied by the application fee prescribed by this chapter. Anapplication for registration as a professional engineer shall specify, addi­tionally, the branch of engineering in which the applicant desires registra­tion.

6751. (a) The applicant for registration as a professional engineershall:

(1) Not have committed acts or crimes constituting grounds for denialof registration under Section 480;

(2) Except as provided in Section 6767, furnish evidence of six years ormore ofexperience in engineering work satisfactory to the board evidenc­ing that applicant is competent to practice the character of engineeringin the branch for which he is applying for registration, and successfullypass the second division of the examination.

(b) The applicant for certification as an engineer-in-training shall:(1) Not have committed acts or crimes constituting grounds for denial

of registration under Section 480;(2) Successfully pass the first division of the examination.6751.2. The board may consider the professional experience and edu­

catioI' acquired by applicants outside the United States which in the opin­ion of the board is equivalent to the minimum requirements of the boardestablished by regulation for professional experience and education in thisstate.

6751.5. The board shall by rule establish the criteria to be used forapproving curricula of schools of engineering.

6752. An applicant for registration as a civil engineer must have gainedhis experience under the direction of a civil engineer legally qualified topractice.

6753. With respect to applicants for registration as professional engi­neers, the board:

(a) Shall count graduation from an engineering school or college wherethe curriculum has been approved as four years of experience and eachyear of study completed without graduation in an engineering school orcollege where the curriculum has been approved as one-half year of expe­rience, except that applicants for registration in any branch of professionalengineering shall not receive credit for more than four years ofexperiencebecause ofundergraduate educational qualifications. The board may, in its

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18 THE PROFESSIONAL ENGINEE!'lS ACT

discretion consider graduation in a nonapproved engineering curriculumor graduation in an approved engineering technology curriculum, asequivalent to not more than two years' experience.

(b) May at its discretion give credit as experience not in excess of oneyear, for satisfactory postgraduate work in a school of engineering wherethe curriculum has been approved by the board.

(c) May consider engineering teaching, if of a character satisfactory tothe board, as engineering experience not in excess of one year.

(d) May at its discretion give credit as experience not in excess of fouryears, for successfully passing the first division of the examination pre­scribed in Section 6755.

6753.5. All applicants shall be given equal credit for engineering expe­rience in the armed forces of United States as with any other comparableengineering experience.

6754. Examination for registration shall be held at such times andplaces as the board shall determine.

Work of the board relating to examination and registration may bedivided into committees as the board shall direct. The scope of examina­tions and the methods of procedure may be prescribed by board rule.

6755. (a) Examination duration and composition shall be designed toconform to the following general principle: The first division of the exami­nation shall test the applicant's knowledge of appropriate fundamentalengineering subjects, including mathematics and the basic sciences; thesecond division of the examination shall test the applicant's ability to applyhis or her knowledge and experience and to assume responsible charge inthe professional practice of the branch of engineering in which the appli­cant is being examined.

(b) The applicant for the second division of the examination 'shall havesuccessfully passed the first division examination or shall be exempt there­from.

(c) The board may by rule provide for a waiver of the first division ofthe examination for applicants whose education and experience qualifica­tions substantially exceed the requirements of Section 6751.

(d) The board may by rule provide for a waiver of the second divisionof the examination and the assignment to a special examination for thoseapplicants whose educational qualifications are equal to, and whose expe­rience qualifications substantially exceed, those qualifications establishedunder subdivision (c). The special examination may be either written ororal, or a combination of both.

6756. (a) An applicant for certification as an engineer-in-trainingshall, upon making a passing grade in that division of the examinationprescribed in Section 6755 of this chapter, relating to fundamental engi­neering subjects, be issued a certificate as an engineer-in-training. Norenewal or other fee, other than the application fee, shall be charged forthis certification. Such certificate shall become invalid when the holderhas qualified as a professional engineer as provided in Section 6762 of thischapter.

(b) An engineer-in-training certificate does not authorize the holder

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THE PROFESSIONAL ENGINEERS ACT 19

thereof to practice or offer to practice civil, electrical or mechanical engi­neering work, in his own right, or to use the titles specified in Section 6732.

6757. Applicants who profess to be qualified in more than one branchof engineering shall be required to file an application for each branch inwhich they wish to be registered.

6758. An applicant failing in an examination may be examined againupon filing a new application and the payment of the application fee fixedby this chapter

6759. The board, upon application therefor, on its prescribed form, andthe payment of the application fee fixed by this chapter, which fee shallbe retained for the board, may issue a certificate of registration as aprofessional engineer, without written examination, to any person holdinga certificate of registration issued to him by any state or country when theapplicant's qualifications meet the requirements of this chapter, and rulesestablished by the board.

6760. A temporary authorization for the practice of engineering in abranch defined by this chapter may be granted, for a specific project, uponapplication and payment of the fee prescribed in Section 6799 of thischapter for a period not to exceed sixty (60) consecutive days in anycalendar year; provided:

(a) He maintains no place of business in this state.(b) He is legally qualified to practice that branch of engineering in the

state or country where he maintains a place of business.(c) The applicant demonstrates by means of an individual appearance

before the board satisfactory evidence of his knowledge of the applicationof seismic forces in the design of structures or adequate knowledge in anyof the other phases of civil and professional engineering for which theapplicant proposes to practice under the temporary authorization.

(d) If the applicant can satisfy the board that completion of the specificproject for which the authorization is granted, will require more than 60consecutive calendar days, the board may extend the authorization to aperiod not to exceed 120 consecutive days.

Upon completion of the requirements, the secretary on direction of theboard shall issue a temporary authorization to the applicant.

6761. In determining the qualifications of an applicant for registration,a majority vote of the board is required.

6762. Any applicant who has passed the examination and has otherwisequalified hereunder as a professional engineer, shall have a certificate ofregistration issued to him as a professional engineer in the particularbranch for which he is found qualified.

6763. Application for authority to use the title "structural engineer,"or the title "soil engineer" on and after January 1, 1983, shall be made tothe board on forms prescribed by it and shall be accompanied by theapplication fee fixed by this chapter.

An applicant for authority to use the title "structural engineer," or thetitle "soil engineer" on and after January 1, 1983, who has passed theexamination prescribed by the board shall have a certificate of authorityissued to him or her.

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20 THE PROFESSIONAL ENGINEERS ACT

For purposes of this chapter, an authority lev~l is an identification ofcompetence and specialization in a specific facet of a singular branch ofengineering and necessitates eclucation and experience in addition to thatrequired for qualification in the branch of engineering to which it hasbeen appended.

6763.5. If an applicant for registration as a professional engineer orcertification as an engineer-in-training, or for authorization to use the title"structural engineer," is found by the board to lack the qualification re­quired for admission to the examination for such registration, certification,or authorization, the board may, in accordance with the provisions ofSection 158 of this code, refund to him one-half of the amount of hisapplication fee.

6764. Each professional engineer registered under this chapter may,upon registration, obtain a seal ofa design authorized by the board bearingthe registrant's name, number of his certificate, and the legend "profes­sional engineer" and the particular branch in which he is registered.

6765. A duplicate certificate of registration to replace one lost, de­stroyed, or mutilated may be issued subject to the rules and regulationsof the board. The duplicate certificate fee fixed by this chapter shall becharged.

6766. An unsuspended, unrevoked and unexpired certificate and en­dorsement of registry made under this chapter, is presumptive evidencein all courts and places that the person named therein is legally registered.

6767. (a) The board may register an applicant without examination inany engineering discipline which the board has established pursuant toSection 6700 if the applicant, in the opinion of the board, has all thequalifications for such registration, and if the applicant complies with allthe following:

(1) Furnishes evidence of nine years or mOre of experience in engi­neering work satisfactory to the board evidencing that the applicant iscompetent to practice the character of engineering in the branch forwhich he is applying for registration.

(2) Files his application prior to a final filing date to be establishedby the board.(b) The final filing date shall be set no later than three years following

the adoption of regulations by the board establishing each such discipline.(c) The board may adopt such regulations under provisions of the Ad­

ministrative Procedure Act as are necessary to implement this section.

Article 5. Disciplinary Proceedings6775. The board may receive and investigate complaints against regis­

tered professional engineers, and make findings thereon.Bya majority vote, the board may reprove, privately or publicly, or may

suspend for a period not to exceed two years, or may revoke the certificateof any professional engineer registered hereunder:

(a) Who has been convicted of a crime substantially related to thequalifications, functions and duties of a registered professional engineer,

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THE PROFESSIONAL ENGINEERS ACT 21

in which case the certified record of conviction' shall be conclusive evi­dence thereof.

(b) Who has been found guilty by the board of any deceit, misrepresen­tation, violation of contract, fraud, negligence or incompetency in hispractice.

(c) Who has been found guilty of any fraud or deceit in obtaining hiscertificate.

(d) Who aids or abets any person in the violation of any provisions ofthis chapter.

(e) Who violates any provision of this chapter.6776. The proceedings under this article shall be conducted in accord­

ance with Chapter 5 of Part 1 of Division 3 of Title 2 of the GovernmentCode, and the board shall have all the powers granted.

6777. The board may reissue a certificate of registration, certification,or authority, to any person whose certificate has been revoked ifa majorityof the members of the board vote in favor of such reissuance for reasonsthe board deems sufficient.

6779. A plea or verdict of guilty or a conviction following a plea of nolocontendere made to a charge substantially related to the qualifications,functions and duties of a registered professional engineer is deemed to bea conviction within the meaning of this article. The board may order thecertificate suspended or revoked, or may decline to issue a certificate,when the time for appeal has elapsed, or the judgment of conviction hasbeen affirmed on appeal or when an order granting probation is madesuspending the imposition of sentence, irrespective of a subsequent orderunder the provisions of Section 1203.4 of the Penal Code allowing suchperson to withdraw his plea of guilty and to enter a plea of not guilty, orsetting aside the verdict of guilty, or dismissing the accusation, informa­tion or indictment.

Article 6. Offenses Against the Chapter6785. The board shall have the power, duty, and authority to investi­

gate violations of the provisions of this chapter.6786. It is the duty of the respective members of the legal system to

prosecute all persons charged with the violation of any of the provisionsof this chapter.

It is the duty of the secretary of the board, under the direction of theboard, to aid such officers in the enforcement of this chapter.

6787. Every person is guilty of a misdemeanor and for each offense ofwhich he is convicted is punishable by a fine of not more than five hun­dred dollars ($500) or by imprisonment not to exceed three months, or byboth fine and imprisonment:

(a) Who, unless he is exempt from registration under this chapter,practices or offers to practice civil, electrical or mechanical engineeringin this state according to the provisions of this chapter without legalauthorization.

(b) Who presents or attempts to file as his own the certification ofregistration of another.

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22 THE PROFESSIONAL ENGINEERS ACT

(c) Who gives false evidence of any kind to the board, or to any mem-ber thereof, in obtaining a certificate of registration.

(d) Who impersonates or uses the seal of any other practitioDer.(e) Who uses an expired or revoked certificate of registration.(f) Who shall represent himself as, or use the title of, registered civil,

electrical or mechanical engineer, or any other title whereby such personcould be considered as practicing or offering to practice civil, electrical ormechanical engineering in any of its branches, unless he is corresponding­ly qualified by registration as a civil, electrical or mechanical engineerunder this chapter.

(g) Who, unless appropriately registered, manages, or conducts as man­ager, proprietor, or agent, any place of business from which civil, electricalor mechanical engineering work is solicited, performed or practiced.

(h) Who uses the title, or any combination of such title, or "professionalengineer;' "registered engineer," "chemical engineer," "civil engineer,""electrical engineer," "industrial engineer," "mechanical engineer,""metallurgical engineer," "petroleum engineer," "structural engineer,"or "engineer-in-training," or the titles in such other branches as the boardmay establish, or who makes use of any abbreviation of such title whichmight lead to the belief that he is a registered engineer, without beingregistered as required by this act.

(i) Who uses the title "consulting engineer" without being registeredas required by this act or without being authorized to use such title pursu­ant to legislation enacted at the 1963, 1965 or 1968 Regular Session.

(j) Who violates any provision of this chapter.

Article 7. Revenue6795. Certificates of registration as a professional engineer, and certifi­

cates of authority, shall be valid for a period of four years commencingJuly1, 1976. All certificates in effect on the effective date of this amendmentto this section shall expire at 12:00 midnight on June 30, 1976. Quadrennialrenewals shall be staggered on a quarterly basis. To renew an unexpiredcertificate, the certificate holder shall, on or before the date of expirationindicated on the renewal receipt, or on or before June 30, 1976, if no dateof expiration is specified, apply for renewal on a form prescribed by theboard, and pay the renewal fee prescribed by this chapter.

Until January 1, 1977, the board may renew certificates of registrationfor less than a four-year period, in order to redistribute renewal dates, butonly if the renewal fees are varied accordingly so that no person is chargedmore for a renewal on a yearly basis than any other person.

Prior to June 30, 1976, the list of active registrants shall be dividedalphabetically into 16 groups corresponding to the 16 quarters in thequadrennial renewal period and renewal notices shall be sent to all regis­trants based on the following pro rata schedule:

$5.007.50

10.00

RenewalfeeInterim e.\piration date

December 31, 1976 .March 31, 1977 ..June 30, 1977 ..

Group

One-eighthOne-sixteenthOne-sixteenth

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THE PROFESSIONAL ENGINEERS ACT 23

One-sixteenth September 30, 1977 :...................... 12.50One-sLxteenth December 31, 1977.................................. 15.00One-sixteenth March 31, 1978.......................................... 17.50One-sixteenth June 30, 1978.............................................. 20.00One-sixteenth September 30, 1978.................................. 22.50One-sixteenth December 31, 1978.................................. 25.00One-sixteenth March 31, 1979.......................................... 27.50One-sixteenth June 30, 1979 30.00One-sixteenth September 30, 1979.................................. 32.50One-sixteenth December 31, 1979 35.00One-sixteenth March 31, 1980.......................................... 37.50One-sixteenth June 30, 1980 40.00

On July 1, 1976, as certificates of registration are renewed, new receiptsshall be issued indicating the interim expiration date. As interim expira­tion dates come up, certificates of registration shall be renewed for the fullfour-year period and new receipts issued indicating the next quadrennialexpiration date.

6796. Except as otherwise provided in this article, certificates of regis­tration as a professional engineer, and certificates of authority may berenewed at any time within five years after expiration on filing of applica­tion for renewal on a form prescribed by the board and payment of therenewal fee in effect on the last preceding regular renewal date. If thecertificate is renewed more than 30 days after its expiration, the certificateholder, as a condition precedent to renewal, shall also pay the delinquencyfee prescribed by this chapter. Renewal under this section shall be effec­tive on the date on which the application is filed, on the date on whichthe renewal fee is paid, or on the date on which the delinquency fee, ifany, is paid, whichever last occurs.

6796.1. A suspended certificate is subject to expiration and shall berenewed as provided in this article, but such renewal does not entitle theholder of the certificate, while it remains suspended and until it is reinstat­ed, to engage in the activity to which the certificate relates, or in any otheractivity or conduct in violation of the order or judgment by which it wassuspended.

6796.2. A revoked certificate is subject to expiration as provided in thisarticle, but it may not be renewed. If it is reinstated after its expiration,the holder of the certificate, as a condition precedent to its reinstatement,shall pay a reinstatement fee in an amount equal to the renewal fee ineffect on the last regular renewal date before the date on which it isreinstated, plus the delinquency fee, if any, accrued at the time of itsrevocation.

6796.3. Certificates of registration as a professional engineer, and cer­tificates of authority to use the title "structural engineer" or "consultingengineer" which are not renewed within five years after expiration maynot be renewed, restored, reinstated, or reissued thereafter. The holderof such certificate may apply for and obtain a new certificate, however,if:

(a) He has not committed any acts or crimes constituting grounds fordenial of registration or of a certificate under Section 480.

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24 THE PROFESSIONAL ENGINEERS ACT

(b) He takes and passes the examination, if any, which would be re­quired ofhim ifhe were then applying for the certificate for the first time,or otherwise establishes to the satisfaction of the board that, with dueregard for the public interest, he is qualified to practice the branch ofengineering in which he again seeks to be certified, and

(c) He pays all of the fees that would be required ofhim ifhe were thenapplying for the certificate for the first time.

The board may, by regulation, provide for the waiver or refund of allor any part of the application fee in those cases in which a certificate isissued without an examination pursuant to the provisions of this section.

6797. The department shall receive and account for all money derivedfrom the operation of this chapter and, at the end of each month, shallreport such money to the State Controller and shall pay it to the StateTreasurer, who shall keep the money in a separate fund known as theProfessional Engineer's Fund. This fund shall be expended in accordancewith law for the payment of all actual and necessary expenses incurred incarrying out the provisions of this chapter.

6798. The board may make refunds of all fees in accordance withSection 158 of this code.

6799. The amount of the fees prescribed by this chapter shall be fixedby the board in accordance with the following schedule:

(a) The fee for filing each application for registration as a professionalengineer at not more than sixty dollars ($60), for authority to use the title"structural engineer" or "soil engineer" at not more than seventy-fivedollars ($75), and for each application for certification as an engineer-in­training at not more than forty dollars ($40).

(b) The duplicate certificate fee at not more than six dollars ($6).(c) The temporary registration fee for a professional engineer at not

more than twenty dollars ($20). .(d) The renewal fee for a professional engineer shall be fixed by the

board at not more than forty dollars ($40) for each branch of professionalengineering in which registration is held; and the renewal fee for author­ity to use the title "structural engineer" or "soil engineer" at not morethan forty dollars ($40).

(e) ,The delinquency fee is an amount equal to 50 percent of the renew­al fee in effect on the date of its reinstatement, but not more than twenty­five dollars ($25).

Applicants wishing to be examined in more than one branch of engi­neering shall be required to pay the additional fee for each examinationafter the first.

Photoelectronic composition byCAUron.%\ OFFICE OF STATE I'Rtm'L'iC

71300---301 5·83 2M :301004

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STATE Of CAllfORNIADEPARTMENT Of

@AWaI1JlGEORGE DEUKMEJIAN

GovernorMARIE SHIBUYA-SNELL

Director

THE LAND SURVEYORS' ACT

Issued by

BOARD Of REGISTRAliON fORPROfESSIONAL ENGINEERS

1983

ACT INCLUDES AMENDMENTS THROUGH JAN I, 19B3

NICK BEVIL ACQUA, Execu/ive Secretary

1006 Fourth Street, 6th Floor Sacramento, California

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THE LAND SURVEYORS' ACT INDEXSection

Application for licenseEducational qualifications 8742Fees 8805

Accompanying application 8740Re-examination on failure 8746

Form 8740Pledge 8744Records of 8711References submitted with 8743

Board of registrationAdministration of law 8710Clerical assistance 8713Committees

InvestigationCompensation of members.......................................................... 8715.3Establishment of 8715Immunity from liability................................................................ 8715.4Membership 8715.1Qualifications 8715.2

ReviewEstablishment of 8720Expenses 8720.2Hearings, conduct of 8720.3Membership 8720.1Proposed decision 8720.4Rules and regulations to implement article............................ 8720.5

Enforcement of law 8790Notice to board of foreign surveyor's intention to practice in state 8753Prosecution for violation of law 8790Reference to 8706Rules and regulations 8710Scope of examinations, etc., prescribed by 8745Secretary

Annual roster of licenses 8712Record application for license 8711Reference to 8707

Cadastral surveying 8726Certificate

Duplicate 8749Renewal, presumptive evidence of license 8752

Citation of law 8700Director, defined 8702Disciplinary proceedings........................................................ 8780, 8781, 8784

Conduct of 8781Educational qualifications of applicant for license 8742Examination for license "' 8745

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THE LAND SURVEYORS' ACT

Division of.. : 8741Issuance of license to passing applicant 8747Issuance without examination 8748Re-examination on failure : 8746

Exemptions from licensing .Civil engineering 8731

Designs 8728Employees

City 8730County 8730District 8730Federal government 8730

Group practice 8729Subordinates 8730Surveys

Geological........ 8727Landscaping 8727

Experience qualifications of applicants 8742Fees

Application for licenseAccompanied by 8740Re-examination on failure 8746

Duplicate certificate 8749Issuance of license in payment of.. 8747Issuance of license to holders of license issued by other

state or county 8748Refund 8804.5Renewal of license 8802Schedule : 8805Temporary license 8805

Field note: oath preserved as part of 8760Group practice 8729Land surveyor (definition) 8701

Annual roster of licensed surveyors 8712Duplicate certificate 8749Duration 8801Educational qualifications 8742Examination for 8745Experience Qualifications ; 8742Fees 8605Fraud in obtaining, revocation or suspension of licenses 8760Issuance to applicant passing examination 8747Issuance without examination 8748Misdemeanor in connection with 8792Necessity of.. 8725Presumptive evidence 8752Qualification of applicants ,...................................... 8741, 8742

Determination of 8746References submitted 8743

ii

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THE LAND SURVEYORS' ACT

RenewaL................................... 8802Representation as or use of title without license 8751Restoration of expired license 8803Seal 8750Temporary 8753

Fee 8805Land surveyor-in-training

Application fee 8805Certificate 8747Examination 8741Limitations of authority 8747Qualification of applicant 8741

Lost corners, power to administer and certify oath for testimonyfor establishment.. 8760

MapsCoordinates shown 8771.5Preparation of 8761Record of survey 8763Surveyor's certificate 8764.5

Marking of monuments 8772Misdemeanor violations 8792Monuments

Marking or tagging 8772Practice of land surveying as including determination of 8726Records of survey showing 8764Requisites 8771

Oaths, power to administer and certify 8760Oaths and affirmations, application for license under 8740Photogrammetry

Performance of services 8775.1Renewal of license 8775.3Signature and certificate number...................................................... 8775.2Use of title 8775

Plats, preparation of 8761Practice of land surveying 8704, 8726

License essential 8725Misdemeanor violation to practice without authority 8792

Professional engineer's fund, deposit in and payments from 8800Prosecutions of violations of law.................................................... 8790, 8791Records of survey

Amendment of........................................................................................ 8770.5Charge for filing and indexing 8769Contents of 8764Examination by county surveyor 8766Filing 8768, 8770

Charges 8769Filing with county surveyor 8762Indexing................ 8770

Charges 8769

iii

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THE LAND SURVEYORS' ACT

Indorsement by county surveyor 8767Disagreement.. 8768

Maps 8763Not required ; 8765Return with statement respecting necessary changes 8767Subdivisions 8762.5

Refunds 6804.5Application fee, portion of 8748.5

Reinstatement of license after revocation 8784Renewal of license 8802

Civil engineers license including land surveyor 8804Expiration of suspended license, renewal 8802.1Expiration of revoked license, renewal............................................ 8802.2

Reports 8761Responsible charge of work, defined 8703Revocation or suspension of license

Conviction following plea of nolo contendere 8783Grounds for .. 8780List of 8711Misdemeanor in use of revoked license 8792Reissuance 8784Vote required 8780

Roster of licensed surveyors 8712Seal, licensee 8750Secretary of state

Copies of roster filed with 8712Subdivision, practice of land surveying as including survey for 8726Subordinate

Defined : 8705Exemption 8730

Tagging of monuments 8772Temporary license 8753

Fee 8805

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1

THE LAND SURVEYORS' ACT

Chapter 41, Statutes 01 1939, as amended by Chapter S24, Statutes 011939; Chapter834, Statutes 01 1941; Chapter S38, Statutes 01 1943; Chapters 306, 887 and 1289,Statutes 01 1945; Chapters 1010 and 1028, Statutes 011949; Chapters 96S and 1449,Statutes 01 19S3; Chapters S7S, 925, 983, 1002, 1041, 1538, 1812, 1865 and 2084,Statutes 01 19S7; Chapters 447, S8S and 1132, Statutes 01 19S9; Chapter 4, Statutes011960; Chapters 60, 1179, 1257 and 2225, Statutes 011961; Chapters 3S8 and SS7,Statutes of 1963; Chapter 1967, Statutes of 1965; Chapters 79, 727, 1667, and 1713,Statutes 01 1967; Chapters 210 and 1374, Statutes 01 1968; Chapters 372 and 474,Statutes 011969; Chapters 196 and 1374, Statutes 011970; Chapters 92, lOB and 716,Statutes 011971; Chapters 27S, 1036, 1204 and 1300, Stotutes 011972; Chapters 60and 702, Statutes 011973; Chapters S22 and 100S, Statutes 011974; Chapters 24, S79and 896, Statutes of 1975; Chapter 339, Statutes of 1976; Chapters 526 and 516,Statutes 01 1977; Chapters 70 and 824 01 1979; Chapter 676 011980; Chapters 372and S02 01 1981; and Chopter 60S 01 1982.

Comprising Chapter IS, Division 3 of the Business and PrafessionsCode, relating to the practice ofsurveying

CHAPTER 15. LAND SURVEYORS

Article 1. General Provisions8700. This chapter of the Business and Professions Code constitutes the

chapter on land surveyors. It may be cited as the Land Surveyors' Act.8701. "Land Surveyor" refers to one who practices or offers to practice

land surveying.8702. "Director" refers to the Director of Consumer AFfairs.8703. The phrase "responsible charge of work" means the independ­

ent control and direction, by the use of initiative, skill and independentjudgment, of the observations, measurements and descriptions involved inland surveying work.

8704. Any person practices land surveying when he professes to be aland surveyor or is in responsible charge of land surveying work.

8705. A subordinate is any person directly supervised by a licensedland surveyor or registered civil engineer and who assists a licensed landsurveyor or registered civil engineer in the practice of land surveyingwithout assuming responsible charge of work.

8706. "Board" refers to the State Board of Registration for ProfessionalEngineers.

8707. "Secretary" refers to the secretary of the board.

Article 2. Administration8710. The State Board of Registration for Professional Engineers is

vested with power to administer the provisions and requirements of thischapter, and may make and enforce rules and regulations which are rea­sonably necessary to carry out its provisions.

8711. The secretary of the board shall keep a complete record of allapplications for license and the board's action thereon.

8712. The secretary shall prepare, once every four years, a roster show-

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2 THE LAND SURVEYORS' ACT

ing the names and addresses of all licensed land surveyors and containingall the rules and regulations adopted by the board for the administrationof this chapter. The roster shall be a part of the roster of registered profes­sional engineers issued by the board. Between July 1 and December 1 ofeach year, except the year in which the roster is prepared, he shall preparea supplemental roster showing changes in and additions to the roster.

Copies of the roster and the supplemental roster shall be filed with theSecretary of State.

Copies of the roster and the supplemental roster shall be available to thegeneral public on application to the secretary at such price per copy asmay be fixed by the board.

All records shall be public records.8713. .The department may employ such clerical assistance under civil

service regulations as may be necessary properly to carry out and enforcethe provisions of this chapter.

8715. The board, when it deems necessary, may establish licensed landsurveyor investigation committees to assist the board in the investigationof claims of violation of any provision under this chapter. Each committeeshall report its finding and recommendations to the board. Any memberof such a committee may act as an expert witness at a hearing conductedby the board when the hearing is conducted as a result of the committee'sinvestigation.

Each committee shall exist so long as the board deems that it is neces­sary.

8715.1. Each member of each committee shall be appointed by theboard and shall serve at the pleasure of the board. Each committee shallbe composed of no more than five members.

8715.2. Each member of each committee shall be licensed under thischapter.

8715.3. All members of each committee shall serve without compensa­tion but shall receive per diem and expenses as provided in Section 103.

8715.4. Each member ofeach investigation committee shall be grantedthe same immunity as is granted to a public employee pursuant to Article3 (commencing with Section 820) of Chapter 1 of Part 2 of Division.3.6 ofTitle 1 of the Government Code.

Article 2.3. Land Surveyors Review Committees8720. The board, when it deems necessary, may establish land survey­

ors review committees to hear all matters assigned by the board, includ­ing, but not limited to, any contested case which is assigned by the board.Each committee shall exist so long as the board deems that it is necessary.

8720.1. Each review committee shall consist of no fewer than threelicensed land surveyors appointed by the board. Each member of a com­mittee shall have the same qualifications and shall be subject to the samerules and regulations as if he were a member of the board.

8720.2. Each member of a committee shall receive a per diem andexpenses as provided in Section 103.

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THE LAND SURVEYORS' ACT 3

8720.3. Except as otherwise provided in this article, all hearings whichare conducted by a committee shall be conducted in accordance with theprovisions of Chapter 5 (commencing with Section 11500), Part 1, Division3, Title 2 of the Government Code.

If a contested case is heard by a committee, the hearing officer whopresided at the hearing shall be present during the committee's considera­tion of the case and, if requested, shall assist and advise the committee.

8720.4. At the conclusion of any hearing which is conducted by a com­mittee, the committee shall prepare a proposed decision, in such form thatit may be adopted by the board as the decision in the case, and shalltransmit it to the board. The proposed decision shall be subject to the sameprocedure as the proposed decision of a hearing officer under subdivisions(b) and (c) of Section 11517 of the Government Code.

8720.5. The board may adopt, amend or repeal, in accordance with theprovisions of Chapter 4.5 (commencing with Section 11371), Part 1, Divi­sion 3, Title 2 of the Government Code, such rules and regulations as arenecessary to implement the provisions of this article.

Article 3. Application of the Chapter8725. Any person practicing, or offering to practice, land surveying in

this State shall submit evidence that he is qualified to practice and shallbe licensed under this chapter.

It is unlawful for any person to practice,offer to practice, or representhimself, as a land surveyor in this State, or to set, reset, replace or removeany survey monument on.land in which he has no legal interest, unless hehas been licensed or specifically exempted from licensing under this chap­ter.

8726. A person practices land surveying within the meaning of thischapter who, either in a public or private capacity, does or offers to do anyone or more of the following:

(a) Locates, relocates, establishes, re-establishes, or retraces any prop­erty line or boundary of any parcel of land or any road, right-of-way,easement, alignment or elevation for any of the fixed works embracedwithin the practice of civil engineering, as described in Chapter 7, Divi­sion 3 of this code.

(b) Makes any survey for the subdivision or resubdivision of any tractof land.

(c). By the use of the principles ofland surveying determines the posi­tion for any monument or reference point which marks a property line,boundary or corner, or sets, resets or replaces any such monument orreference point.

(d) Determines the configuration or contour of the earth's surface orthe position of fixed objects thereon or related thereto, by means of meas­uring lines and angles, and applying the principles of trigonometry orphotogrammetry.

(e) Geodetic or cadastral surveying.(f) Determines the information shown or to be shown on any map or

document prepared or furnished in connection with anyone or more of

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4 THE LAND SURVEYORS' ACT

the functions described in subsections (a), (b), .(c), (d) and (e).(g) Indicates in any capacity or in any manner, by the use of the title

"land surveyor" or by any other title or by any other representation thathe practices or offers to practice land surveying in any of its branches.

(h) Procures or offers to procure land surveying work for himself orothers.

(i) Manages, or conducts as manager, proprietor, or agent, any place ofbusiness from which land surveying work is solicited, performed or prac­ticed.

8727. Surveys made exclusively for geological or landscaping purposes,which do not involve the determination of any property line do not consti­tute surveying within the meaning of this chapter.

8728. Surveys authorized under this chapter do not include the design,either in whole or in part, of any structure or fixed works embraced withinthe practice of civil engineering.

8729. This chapter prohibits the practice of land surveying by anypartnership, firm, company, association, or corporation. However, nothingcontained in this chapter shall prohibit one or more licensed land survey­ors from practicing or offering to practice their profession through themedium of a partnership, firm, company, association or corporation if aland surveyor licensed pursuant to the provisions of this chapter or a civilengineer registered pursuant to the provision of Chapter 7 (commencingwith Section 6700) of Division 30f this code is the partner, member, ordirecting officer in charge of the land surveying practice of the partner­ship, firm, company, association, or corporation and if all land surveyingwork and documents are done by or under the direct supervision of suchland surveyor or civil engineer. The firm or corporate name under whichsuch individuals offer and do practice land surveying may be entirelyfictitious or it may contain only the name or names of licensed land survey­ors and registered engineers,living or dead, who are, or were when living,members of the firm or directors of the corporation. If the firm or corpo­rate name contains the name ofa living member of the firm or corporationthen it shall also contain the name of a member who is entitled to practiceland surveying under the provisions of this chapter.

This chapter does not prevent or prohibit an individual, firm, or corpo­ration engaged in any line of business other than the practice of landsurveying from employing a licensed land surveyor or registered civilengineer to perform land surveying services incidental to the business ofsuch individual, firm, or corporation.

The provisions of this section shall not prevent the use of the name ofany partnership, firm, companyJ association, or corporation in existence onJune I, 1941, if all of the members or officers and directors of such partner­ship, firm, company, association, or corporation were on that date in­dividually licensed as land surveyors pursuant to the provisions of thischapter or registered civil engineers pursuant to the provisions of Chapter7 of Division 3 of this code.

8730. The following are not required to be licensed under this chapter:(a) Officers and employees of the United States of America, practicing

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THE LAND SURVEYORS' ACT 5

solely as such officers or employees.(b) Insofar as he acts in such capacity;(1) Any state, county, city, or district employee directly responsible to

a licensed land surveyor or registered civil engineer.(2) Any subordinate to a land surveyor or civil engineer licensed or

registered as required by the laws of this State insofar as he acts as asubordinate.

8731. A registered civil engineer and a civil engineer exempt fromregistration under Chapter 7 of Division III of this code are exempt fromlicensing under this chapter and may engage in the practice of land sur­veying with the same rights and privileges, and the same duties andresponsibilities of a licensed land surveyor, provided that for civil engi­neers who become registered after January I, 1982, they shall pass theexamination provided for in Section 8740.2, before practicing land survey­ing as defined in this chapter.

Article 4. Issuance of License8740. An application for each division of the examination for a license

as a land surveyor shall be made to the board on the form prescribed byit, with all statements therein made under oath, and shall be accompaniedby the application fee fixed by this chapter.

8741. The first division of the examination shall test the applicant'sknowledge of fundamental surveying, mathematics, and basic science.The board may prescribe by regulation reasonable educational or experi­ence requirements but not to exceed two years of postsecondary educa­tion in land surveying or two years of experience in land surveying foradmission to the first division of the examination. Applicants who havepassed the engineer-in-training examination, or who hold professionalengineer registration, are exempt from this division of the examination.

The second division of the examination shall test the applicant's abilityto apply his or her knowledge and experience and to assume responsiblecharge in professional practice of land surveying.

(b) The applicant for the second division examination shall have suc­cessfully passed the first division examination, or shall be exempt there­from, and he or she shall be thoroughly familiar with the procedure andrules governing the survey of public lands as set forth in "Manual ofSurveying Instructions," published by the Bureau of Land Management,Department of the Interior, Washington, D.C.

(c) The board may by rule provide for a waiver of the first division ofthe examination for applicants whose education and experience qualifica­tons substantially exceed the requirements of Section 8742.

(d) The board may by rule provide for a waiver of the second divisionof the examination and the assignment to a special examination for thoseapplicants whose educational qualifications are equal to, and whose expe­rience qualifications substantially exceed, those qualifications establishedunder subdivision (c). The special examination may be either written ororal, or a combination of both.

8742. (a) The educational qualifications and experience in land sur-

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6 THE LAND SURVEYORS' ACT

veying, which an applicant for the second divisibn examination shall·pos­sess, shall be not less than the following prescribed minima:

(1) Graduation from a four-year curriculum with an emphasis in landsurveying approved by the board or accredited by a national or regionalaccrediting agency recognized by the United States Office of Educationat a postsecondary educational institution and two years of actual experi­ence in land surveying, including one year of responsible field training andone year of responsible office training; or

(2) Actual experience in land surveying for at least six years, includingone year of responsible field training and one year of responsible officetraining; or

(3) Registration as a civil engineer.(b) With respect to applicants for license as a land surveyor, the board:(1) Shall count one year of postsecondary education in land surveying

as one year of experience in land surveying up to a maximum offour years,provided the applicant has graduated from the course in land surveyingand the curriculum in land surveying is approved by the board or isaccredited by a regional or national accrediting agency recognized for thepurpose by the United States Office of Education. Each year of study inan approved or an accredited course in land surveying without graduationshall be counted the same as one-half year of experience.

Each applicant claiming equivalent credit for education may be re­quired to produce a complete transcript of all college level courses com­pleted.

(2) May at its discretion give credit as experience in land surveying, notin excess of two years, for successfully passing the first division of theexamination prescribed in Section 8741.

8743. The names and addresses of at least four land surveyors or civilengineers, duly qualified to practice in the place in which such practicehas been conducted, each of whom has sufficient knowledge of the appli­cant to enable him to certify to the applicant's professional integrity,ability and fitness to receive a license, shall be submitted with the applica­tion for the second division of the examination.

8744. The applicant for the second division of the examination shallstate in his application that, should he be .licensed, he will support theConstitution of this State and of the United States, and that he will faithful­ly discharge the duties of a licensed land surveyor.

8745. Examinations for license shall be held at such times and at suchplaces within the State as determined by board rule.

The examinations may be conducted by one or more members of theboard or one or more of their duly authorized representatives.

The scope of examinations and the method of procedure shall be pre­scribed by board rule.

8746. In determining the qualifications of any applicant for license, amajority vote of the board is required.

An applicant failing on examination, upon the payment of another ap­plication fee may be examined again.

8747. Any applicant who has passed the examinations prescribed by

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THE LAND SURVEYORS' ACT 7

the board shall have a suitable license issued to him.(a) An applicant who has passed the first division of the examination

shall be issued a certificate as a land surveyor·in·training. No renewal orother fee, other than the application fee, shall be charged for this certifica·tion. A land surveyor·in·training certificate shall not authorize the holderthereof to practice or offer to practice land surveying. No person shall usethe title of land surveyor·in·training unless he is the holder of a valid landsurveyor·in·training certificate.

(b) An applicant who has passed the second division of the examinationshall be issued a license as a land surveyor. The license shall authorize himto practice as a land surveyor.

8748. The board, upon application therefor, and the payment of theapplication and license fees fixed by this chapter, may issue a land survey·or's license, without written examination, to any person who holds a validland surveyor's license issued to him by any state or country when theapplicant's qualifications meet the requirements of this chapter and rulesestablished by the board.

8748.5. If an applicant for license as a land surveyor or certification asa land surveyor·in·training is found by the board to lack the qualificationsrequired for admission to the examination for such license or certification,the board may, in accordance with the provisions of Section 158 of thiscode, refund to him one·half of the amount of his application fee.

8749. A duplicate certificate of license to replace one lost, destroyed ormutilated may be issued subject to the rules and regulations of the board.The duplicate certificate fee fixed by this chapter shall be charged.

8750. Upon being licensed, each licensee may obtain a seal of thedesign authorized by the board bearing the licensee's name, number ofcertificate and the legend "Licensed Land Surveyor."

8751. No person shall represent himself as, or use the title of, licensedland surveyor,land surveyor, professional engineer in land surveying, landsurvey engineer, survey engineer, geodetic engineer, orgeometronic en­gineer unless he is the holder of a valid, unsuspended and unrevokedlicense.

8752. An unrevoked, unsuspended and unexpired license, or renewalcertificate, issued by the board is presumptive evidence in all courts andplaces that the person named is legally licensed under this chapter.

8753. A temporary license as a land surveyor may be granted, uponapplication and payment of the temporary license fee fixed by this chap·ter, if the applicant complies with each of the following provisions:

(a) He maintains no place of business in this State;(b) He is legally qualified to do land surveying in the state or country

where he maintains a place of business to do land surveying;(c) His practice as a land surveyor in this State does not require more

than 60 days in anyone calendar year;(d) He notifies the board in writing of his intention to practice stating

the approximate date when he intends to commence and the approximatelength of time he expects to continue.

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8 THE LAND SURVEYORS' ACT

The secretary, after having determined that the applicant is qualifiedand has complied with the provisions of this section, may issue a tempo­rary license to practice for a period not to exceed 60 days.

Article 5. Surveying Practice8760. Every licensed land surveyor or registered civil engineer may

administer and certify oaths:(a) When it becomes necessary to take testimony for the identification

or establishment of old, lost or obliterated comers.(b) When a corner or monument is found in a perishable condition, and

it appears desirable that evidence concerning it be perpetuated.(c) When the importance of the survey makes it desirable, to adminis­

ter an oath to his assistants for the faithful performance of their duty.A record of oaths shall be preserved as part of the field notes of the

survey and a memorandum of them shall be made on the record of surveyfiled under this article.

8761. Any licensed land surveyor or registered civil engineer maypractice land surveying and prepare maps, plats, reports, descriptions orother documentary evidence in connection therewith. All maps, plats,reports, descriptions, or other docUIpents issued by the licensed land sur­veyor or registered civil engineer shall be signed by him to indicate hisresponsibility for them. In addition to his signature, he shall show hislicense or registration number or the stamp of his seal.

Every map, plat, report, description, or other document issued by alicensed land surveyor or registered civil engineer shall comply with theprovisions set forth in Section 8764, whenever such map, plat, report,description or other document is filed as a public record.

It is unlawful for any person to sign, stamp or seal any map, plat, report,description or other document unless he is authorized to practice landsurveying.

8762. Mter making a survey in conformity with the practice of landsurveying, the surveyor or civil engineer may file with the county survey­or in the county in which the survey was made, a record of such survey.

Within 90 days after the establishment of points or lines the licensedland surveyor or registered civil engineer shall file with the county survey­or in the county in which the survey was made, a record of such surveyrelating to land boundaries or property lines, which discloses:

(a) Material evidence of physical change, which in whole or in partdoes not appear on any map or record previously recorded or filed in theoffice of the county recorder, county clerk, municipal or county surveyingdepartment or in the records of the Bureau of Land Management of theUnited States.

(b) A material discrepancy with such record.(c) Evidence that, by reasonable analysis, might result in alternate

positions of lines or points.(d) The establishment ofone or more lines not shown on any such map,

the positions of which are not ascertainable from an inspection of suchmap without trigonometric calculations.

Any record of survey filed with the county surveyor shall after being

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THE LAND SURVEYORS' ACT 9

examined by him be filed with the county recorder.8762.5. No record of survey ofland shown on the latest adopted county

assessment roll as a unit or as contiguous units, which shows a division ofsuch land into additional parcels, shall be filed with the county surveyoror with the county recorder, unless there is attached thereto a certificateby the county surveyor if the land lies within an lI.l1incorporated area, ora certificate by the city engineer if the land lies within a city, of compli­ance with the provisions of the Subdivision Map Act, Division 2 (com­menciog with Section 66410) of Title 7 of the Government Code, and anyapplicable local ordioance enacted pursuant thereto.

8763. The record of survey shall be a map, legibly drawn, printed, orreproduced by a process guaranteeiog a permanent record in black ontracing cloth, or polyester base film, 18 by 26 ioches. If ink is used onpolyester base film, the ink surface shall be coated with a suitable sub-,stance to assure permanent legibility. A one-ioch blank margin sh!!ll be left·on each edge of the map.

8764. The record of survey shall show:(a) All monuments found, set, reset, replaced or removed, describing

their kind, size and location, and giviog other data relating thereto.(b) Bearings or witness monuments, basis of beariogs,beariog and

length of lines, and scale of map.(c) Name and legal desigoation of tract or grant io which the survey

is located and ties to adjoioiog tracts.(d) Memorandum of oaths.(e) Certificates required by Section 8764.5.(f) Any other data necessary for the intelligent ioterpretation of the

various items and locations of the points, lines and areas shown.8764.5. Certificates shall appear on the map as follows:

SURVEYOR'S CERTIFICATE

This map correctly represents a survey made by me or under my direc­tion in conformance with the requirements of the Land Surveyor's Act atthe request of -,- -,--,-_---------___----: -,-__ in , 19_.

Name of Person Authorizing Survey(Signed and sealed)L.S. (or R.C.E.) No.

COUNTY SURVEYOR'S CERTIFICATE

This map has been examioed for conformance with the requirementsof the Land Surveyor's Act this day of , 19_.

(Signed)County Surveyor

RECORDER'S CERTIFICATEFiled this day of , 19_, at .m. in Book __

of at page , at request of ,(Sigoed)

County Recorder

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10 THE LAND SURVEYORS' ACT

No other certificates or statements shall appear on the map except thoseof a technical nature affecting the locations of the survey lines or monu­

, ments represented on the map8765. A record of survey is not required of any survey:(a) When it has been made by a public officer in his official capacity

and a reproducible copy thereof, showing all data required by Section8764, except the recorder's certificate, has been filed with the countysurveyor of the county in which the land is located. Any map so filed shallbe indexed and kept available for public inspection.

(b) Made by the United States Bureau of Land Management.(c) When a map is in preparation for recording or shall have been

recorded under the provisions of the Subdivision Map Act.(d) When the survey is a retracement of lines shown on a subdivision

map or parcel map of record, where no material discrepancies with suchrecords are found and sufficient monumentation is found to establish theprecise location of property comers thereon, provided that a cornerrecord is filed for any property corners which are reset on such survey.

8766. "Within 20 days after receiving the record of survey, or withinsuch additional time as may be mutually agreed upon by the land surveyoror civil engineer and the county surveyor, the county surveyor shall exam­ine it with respect to:

(a) Its accuracy ofmathematical data aIld completeness of informationas required in Section 8764.

(b) Its conformity to other records or satisfactoryexplaIlation of anydifference with such other records.

(c) Its compliaIlce with the, provisions of this chapter.8766.5. The county surveyor may charge a reasonable fee, not to ex­

ceed the cost of such service, for examining a record of survey pursuantto Section 8766.

8767. If the county surveyor finds the record of survey to be satisfac­tory he shall indorse a statement on it ofhis examination, and shall presentit to the county recorder for filing. Otherwise he shall return it to theperson who presented it, together with a written statement of the changesnecessary to make it conform to the requirements of this chapter.

8766. If t:\te matters appearing on the record of survey cannot beagreed upon by the licensed land surveyor or the registered civil engineerand the county surveyor within 28 calendar days from the date of submis­sion, an explanation of the differences shall be noted on the map and itshall be presented by the county surveyor to the county recorder for filing.

8769. The charge for filing any record of survey, and for indexiog thesame, shall be the same as provided for subdivided land under Section27372 of the Government Code.'

• Section 27372 of the Government Code is: "The·fee for recording or filing and indexing each mapwherein land is subdivided in lots. tracts, or parcels is five dollars ($5) for the first page and two dollars($:2) for each additional page."

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8770. The record of survey filed with the county recorder of anycounty shall be securely fastened by him into a suitable book provided forthat purpose.

He shall keep proper indexes of such record of survey by the name ofgrant, tract, subdivision or United States subdivision.

The original map shall be stored for safekeeping in a reproducible condi­tion.It shall be proper procedure for the recorder to maintain for publicreference a set of counter maps that are prints of the original maps, andthe original maps to be produced for comparison upon demand.

8770.5. Any record of survey filed under the provisions of this chaptermay be amended to show any course or distance that was omitted there­from, or to correct any error in course or distance shown thereon, thedescription of the land which the record ofsurvey comprised, lot numbers,street names, acreages, identification of adjacent record maps, or thecharacter of monumellts being set, or to correct any other minor errorsapproved for correction by the county surveyor in the same manner thatsubdivision maps may be amended under the provisions of the SubdivisionMap Act, Division 2 (commencing with Section 66410) of Title 7 of theGovernment Code.

8771. Monuments set shall be sufficient in number and durability andefficiently placed so as not to be readily disturbed, to assure, together withmonuments already existing, the perpetuation or facile re-establishmentof any point or line of the survey.

When adequate records exist as to the location of subdivision, tract,street or highway monuments, such monuments shall be located and refe­renced by or under the direction of a licensed land surveyor orregisteredcivil engineer at the time when streets or highways are reconstructed orrelocated. They shall be reset in the surface of the new constru,ction, asuitable monument box placed thereon, or permanent witiIess monu­ment, set to perpetuate their location. Sufficient controlling monumentsshall be retained or replaced in their original positions to enable land lines,property corners, and tract boundaries to be re-established without devi­ous surveys necessarily originating on monuments differing from the oneswhich currently control the area. It shall be the responsibility of thegovernmental agency or others performing construction work to providefor the monumentation required by this section. It shall be the duty ofevery land surveyor or civil engineer to cooperate with such governmen­tal agency in matters of maps, field notes, and other pertinent records.Monuments set to mark the limiting lines of highways, roads, or streetsshall not be deemed adequate for this purpose unless specifically noted onthe records ofthe improvement works with direct ties in bearingorazimuth and distance between these and other monuments of record.

8771.5. When coordinates in the California Coordinate System areshown for points on a record of survey map the map may not be recordedunless it also shows, or is accompanied by a map showing, the controlscheme through which the coordinates were determined from points ofknown coordinates.

8772. Any monument set by a licensed land surveyor or registered civil

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12 THE LAND SURVEYORS' ACT

engineer to mark or reference a point on a property or land line shall bepermanently and visibly marked or tagged with the certificate number ofthe surveyor or civil engineer setting it, each number to be preceeded bythe letters "L.S." or "R.C.E.;' respectively, as the case may be or, if themonument is set by a public agency, it shall be marked with the name ofthe agency and the political subdivision it serves.

8773. (a) Except as provided in subdivision (b) of Section 8773.4, aperson authorized to practice land surveying in this state shall complete,sign, stamp with his or her seal and file with the county surveyor orengineer of the county where the corner is situated, a written record ofcorner establishment or restoration to be known as a "corner record" forevery corner established by the Survey of the Public Lands of the UnitedStates, except "lost corners," as defined by the Manual of Instructions forthe Survey of the Public Lands of the United States, and every accessoryto such corner which is found, set, reset, or used as control in any surveyby such authorized person.

(b) Mter the establishment of a lost corner, as defined by the Manualof Instructions for the Survey of the Public Lands of the United States, arecord of survey shall be filed as set forth in Section 8764.

(c) Any person authorized to practice land surveyiog in this state mayfile such corner record for any property corner, property controllingcorner, reference monument, or accessory to a property corner.

8773.1. (a) The board shall by regulation provide and prescribe theinformation which shall be necessary to be included in the comer recordand the board shall prescribe the form in which such corner record shallbe presented and filed, and the time limits within which the form shall befiled.

8773.2. (a) A "corner record" filed with the county surveyor or engi­neer shall, after being examined by him be filed with the county surveyor.

(b) The county surveyor of the county containing the corner shallreceive and record the completed corner record.

(c) The corner record filed with the county surveyor of any countyshall be securely fastened by him into a suitable book provided for thatpurpose.

(d) A charge for examining, indexing and filing the corner record maybe collected by the county surveyor, not to exceed the amount requiredfor the recording of a deed.

8773.3. In every case where a corner record is filed pursuant to Section8773, the licensed land surveyor or registered civil engineer shall recon­struct or rehabilitate the monument of such corner, and accessories tosuch corner, so that the same shall be left by him in such physical conditionthat it remains as permanent a monument as is reasonably possible and sothat the same may be reasonably expected to be located with facility atall times in the future.

8773.4. (a) No corner record shall be filed unless the same is signed bya licensed land surveyor or registered civil engineer and stamped with hisseal, or in the case of an agency of the United States government or theState of California the certificate may be signed by the chief of the survey

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party making the survey, setting forth his official title.(b) No corner record need be filed when:(1) A corner record is on file and the corner is found as described in

the existing corner record.(2) All conditions of Section 8773 are complied with by proper nota­

tions on a record ofsurvey map filed in compliance with the Land Survey­or's Act or a parcel or subdivision map, in compliance with the SubdivisionMap Act. This section shall not apply to maps filed prior to the effectivedate of this section.

Article 5.5. Photogrammetry8775. No person shall use the title of photogrammetrist or photogram­

metric surveyor unless he holds registration as a civil engineer or licensedland surveyor, or unless he is licensed as a photogrammetric surveyor.

8775.1. Persons meeting the requirements of this article may engagein and perform all photogrammetric services germane to this chapter,either as individuals, employees, or as independent contractors; provided,however, that the field surveys to be done are performed by registeredcivil engineers or licensed land surveyors, and in the preparation of anytopographic map which contains the delineation of property corners or aproperty boundary or boundaries the work is certified or attested to by aregistered civil engineer or land surveyor.

8775.2. Maps, documents, or reports prepared by, or under the direc­tion of, a licensed photogrammetric surveyor shall carry his signature andcertificate number which will indicate his responsibility for the work.

8775.3. Photogrammetric surveyor licenses shall be renewable uponpayment of the fee fixed by the board for which a renewal certificate shallbe issued. Photogrammetric surveyor license fees shall be the' same asthose prescribed for land surveyor's licensing; and the provisions of thischapter relating to revenue, and with respect to disciplinary proceedings,shall similarly apply.

Article 6. Disciplinary Proceedings8780. By a majority vote, the board may suspend for a period not to

exceed two years, or revoke the license or certificate of any licensed landsurveyor or registered civil engineer, respectively, licensed under thischapter or registered under the provisions of Chapter 7 (commencingwith Section 67oo) of Division 3, whom it finds to be guilty of:

(a) Any fraud, deceit, negligence, or incompetency in his practice ofland surveying.

(b) Any fraud or deceit in obtaining his license.(c) Any violation of any provision of this chapter or of any other law

relating to or involving the practice of land surveying.(d) Any conviction of a crime substantially related to the qualifications,

functions and duties of a land surveyor. The record of the conviction shallbe conclusive evidence thereof.

(e) Aiding or abetting any person in the violation of any provision ofthis chapter.

(f) A breach of contract in connection with the practice ofland survey­ing.

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8781. The proceedings under this article shall be conducted in accord­ance with Chapter 5 of Part 1 of Division 3 of Title 2 of the GovernmentCode, and the board shall have all the powers granted therein.

8783. A plea or verdict of guilty or a conviction following a plea of nolocontendere made to a charge substantially related to the qualifications,functions and duties of a land surveyor is deemed to be a conviction withinthe meaning of this article. The board may order the license or certificatesuspended or revoked, or may decline to issue a license or certificate,when the time for appeal has elapsed, or the judgment of conviction hasbeen affirmed on appeal or when an order granting probation is madesuspending the imposition of sentence, irrespective of a subsequent orderunder the provisions of Section 1203.4 of the Penal Code allowing suchperson to withdraw his plea ·of guilty and to enter a plea of not guilty, orsetting aside the verdict of guilty, or dismissing the accusation, informa­tion or indictment.

8784. The board may reissue a license to any person, whose license hasbeen revoked, if a majority of the members of the board vote in favor ofsuch reinstatement, for reasons the board may deem sufficient.

Article 7. Offenses Against the Chapter8790. The board shall enforce all of the provisions of this chapter and

cause the prosecution of all violations coming to its notice.8791. It is the duty ofthe respective officers charged withthe enforce­

ment oflaws to prosecute all persons charged with the violation of any ofthe provisions of this chapter.

8792. Every person is guilty of a misdemeanor:(a) Who, unless he is exempt from licensing under this chapter, prac­

tices, or offers to practice, land surveying in this State without legal au­thorization.

(b) Who presents as his own, the license of another.(c) Who attempts to file as his own any record of survey under the

license of another.(d) Who gives false evidence of any kind to the board, or to any mem­

ber, in obtaining a license.(e) Who falsely impersonates or uses the seal of another practitioner,

of like or different name.(f) Who uses an expired or revoked license.(g) Who violates any provision of this chapter.

Article 8. Revenue8800. The department shallreceive and account for all money derived

under the operation of this chapter and, at the end of each month, shallreport such money to the State Controller and shall pay it to the StateTreasurer, who shall keep the money in a separate fund known as theProfessional Engineer's Fund. All necessary expenses incurred in carryingout the provisions of this chapter, shall, in accordance with law, be paidfrom the Professional Engineer's Fund.

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8801. Licenses issued under this chapter expiie every four years, ifnotrenewed. AU licenses in effect on the effective date of this amendment tothis section shall expire at 12 midnight on June 30, 1976. Quadrennialrenewals shall be staggered on a quarterly basis. To renew an unexpiredlicense the license holder shall on or before the date of expiration indicat­ed on the renewal receipt or on or before June 30, 1976, if no date ofexpiration is specified, apply for renewal on a form prescribed by theboard, and pay the renewal fee prescribed by this chapter.

Until January 1, 1977, the board may renew licenses for less than afour-year period, in order to redistribute renewal dates, but only if therenewal fees are varied accordingly so that no person is charged more fora renewal on a yearly basis than any other person.

Prior to June 30, 1976, the list of active licensees shall be divided al­phabetically into 16 groups, corresponding to the 16 quarters in the quad­rennial renewal period and renewal notices shall be sent to all licenseesbased on the following pro rata schedule:

RenewalGroup Interim expiration .date fee

One-eighth December 31, 1976 $5.00One-sixteenth March 31, 1977 7.50One-sixteenth June 30, 1977.............................................. 10.00One-sixteerith September 30, 1977 12.50One-sixteenth December 31, 1977 15.00One-sixteenth March 31, 1978.......................................... 17.50One-sixteenth June 30, 1978.............................................. 20.00One-sixteenth . September 30, 1978.................................. 22.50One-sixteenth December 31, 1978.................................. 25.00One-sixteenth March:31,1979 27.50One-sixteenth June 30,1979.............................................. 30.00One-sixteenth September 30, 1979.................................. 32.50One-sixteenth December 31, 1979.................................. 35.00One-sixteenth March 31, 1980 37.50One-sixteenth June 30, 1980.............................................. 40.00

On July 1, 1976, as certificates ofregistration are renewed, new receiptsshall be issued indicating the interim expiration date. As interim expira­tion dates come up, certificates of registration shall be renewed for the fullfour-year-period and new receipts issued indicating the next quadrennialexpiration date.

8802. Except as otherwise provided in this article, licenses issued un­der this chapter may be renewed at any time within five years afterexpiration onfiling of application for renewal on a form prescribed by theboard and payment of the renewal fee in effect.on thelastreguiar renewaldate. If the license is renewed more than 30 days after its expiration, thelicensee, as a condition precedent to renewal, shall also pay the delin­quency fee prescribed by this chapter. Renewal under this section shall beeffective on the date on which the application is filed, on the date onwhich the renewal fee is paid, or on the date on which the delinquencyfee, if any, is paid, whichever last occurs. If so renewed, the license shall

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continue in effect through the date provided in Section 8801 which nextoccurs after the effective date of the renewal, when it shall expire if it isnot again renewed.

A license which expired on or beforeJune 30, 1960, and was not renewedbefore July 1,1961, may not be renewed, restored, reissued, or reinstated,but the licensee may apply for and obtain a new license if he meets therequirements set forth in Section 8803.

8802.1. A suspended license is subject to expiration and shall berenewed as provided in this article, but such renewal does not entitle thelicensee, while the license remains suspended and until it is reinstated, toengage in the licensed activity, or in any other activity or conduct inviolation of the order or judgment by which the license was suspended.

8802.2. A revoked license is subject to expiration as provided in thisarticle, but it may not be renewed. If it is reinstated after its expiration,the licensee, as a condition precedent to its reinstatement, shall pay areinstatement fee in an amount equal to the renewal fee in effect on thelast regular renewal date before the date on which it is reinstated, plus thedelinquency fee, if any, accrued at the time of its revocation.

8803. A license which is not renewed within five years after its expira­tion may not be renewed, restored, reissued, or reinstated thereafter. Theholder of the expired license may apply for and obtain a new license,however, if:

(a) He has not committed any acts or crimes constituting grounds fordenial of licensure under Section 480.

(b) He pays all of the fees which would be required of him if he werethen applying for the license for the first time, and

(c) He takes and passes the examination, if any, which would be re­quired of him if he were then applying for the license for the first time,or otherwise establishes to the satisfaction of the board that, with dueregard for the public interest, he is qualified to engage in the practice ofland surveying.

The board may, by appropriate regulation, authorize the waiver orrefund of all or any part of the application fee in those cases in which alicense is issued without an examination under this section.

8804. The renewal or reinstatement of any certificate of registration ofa civil engineer under Chapter 7 (commencing with Section 6700) ofDivision 3, who is also a licensed land surveyor, shall not include therenewal or restoration of his land surveyor's license, without the paymentof the surveyor's renewal fee or penalty.

8804.5. Except as provided in Section 8748.5, the department maymake refunds of all fees in accordance with Section 158 of this code.

8805. The amount of the fees prescribed by this chapter shall be fixedby the board in accordance with the following schedule:

(a) The application fee for the examination is as follows:(1) For the first division of the examination, not more than forty dollars

($40) .(2) For the second division of the examination, not more than sixty

dollars ($60), provided, however, that the fee set for the examination

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THE LAND SURVEYORS' ACT 17

required by Section 8731 shall not exceed the actual cost of the examina­tion.

(b) The duplicate certificate fee at not more than six dollars ($6).(c) The renewal fee shall be fixed by the board at not more than forty

dollars ($40).(d) The temporary license fee at not more than twenty dollars ($20).(e) The delinquency fee for a license which expires after June 30, 1961,

is an amount equal to 50 percent of the renewal fee in effect on the dateof its reinstatement.

Photaelectronic composition byCAllFOItNlA OFFICE OF HAm l'1IlNTtNC

77299--J01 fi.83 500 301003