# Title 28 — Engineers and Land Surveyors, Board of Registration for Professional

## Article 28-01 — General Administration

## Chapter 28-01-02.1 — Board Bylaws and Administration

### § 28-01-02.1-01. Meetings.

The board shall hold meetings at least twice each year, including at least one in January and one in
July. The chairman may call special meetings when the chairman deems such meetings necessary. The
executive director shall give notice as required by law. The date, time, and place of each meeting must
be mutually agreed upon by a quorum of the board. All meetings of the board, whether regular
meetings or special meetings, must be open public meetings.
History: Effective January 1, 1988; amended effective August 1, 1994; April 1, 1999; October 1, 2010.
General Authority: NDCC 43-19.1-08
Law Implemented: NDCC 43-19.1-07
### § 28-01-02.1-02. Rules of procedure.

Robert's Rules of Order must govern procedure of the board except as otherwise provided by this
chapter.
History: Effective January 1, 1988; amended effective April 1, 1999; October 1, 2010.
General Authority: NDCC 43-19.1-08
Law Implemented: NDCC 43-19.1-07
### § 28-01-02.1-03. Board quorum.

A quorum of the board is required to transact business.
History: Effective January 1, 1988.
General Authority: NDCC 43-19.1-08
Law Implemented: NDCC 43-19.1-07
### § 28-01-02.1-04. Officers and board staff.

1. The board shall hold an election in June or July of each year and elect a chairman, vice
chairman, and secretary.
2. Each officer will be elected for one year and may be reelected.
3. The chairman:
a. Shall be the executive head of the board.
b. Shall preside at all meetings when present.
c. Shall call meetings of the board when the chairman deems such meetings necessary.
d. Shall sign all certificates of registration.

4. The vice chairman shall in the absence or incapacity of the chairman exercise the duties and
shall possess all the powers of the chairman.
5. The secretary shall sign all official documents prepared by the board and shall sign all
certificates of registration.
6. The executive director shall perform all duties as may be prescribed by the board. The
associate executive director, when staffed, shall in the absence or incapacity of the executive
director exercise the duties and shall possess all the powers of the executive director.
7. The office of the board may be established at a place designated by the board.
8. The board shall establish, appoint, and create ad hoc or standing committees to study,
research, and evaluate such matters as assigned. For each committee a chairman must be
designated.
9. Board officers and members serve without compensation except for per diem when engaged
in board business approved by the board and for subsistence, lodging, and travel expenses at
the rates established for state employees. All per diem and expenses must be requested on
the travel voucher form approved by the board. Receipts for reimbursement of expenses must
accompany a voucher.
10. The board staff members must be reimbursed expenses for approved travel, lodging, and
subsistence at rates established for state employees. All per diem and expenses must be
requested on the travel voucher form approved by the board. Receipts for reimbursement of
expenses must accompany a voucher.
History: Effective January 1, 1988; amended effective April 1, 1999; October 1, 2010; January 1, 2024.
General Authority: NDCC 43-19.1-08
Law Implemented: NDCC 43-19.1-03
### § 28-01-02.1-05. Forms - Records - Roster - Reports.

1. Forms. The board shall prescribe forms for applications and other documents. Copies of the
forms and the instructions for completing the forms must be made available by the board
office. All applications and documents must be completed in accordance with the board's
instructions.
2. Records.
a. The open records law requires that most records, papers, and reports of the board are
public in nature and may be obtained through the executive director or designee upon
request and payment of costs of reproduction, handling, and mailing.
b. The board shall keep a record of all its proceedings, including its action on each
application coming before the board.
c. The board shall keep a record of all applications received.
d. The board shall keep a record of all certificates issued.
e. The board shall keep a record of all complaints received and of any actions taken on
those complaints.
f. All applications, approved or deferred, unless otherwise specified in this or other sections
of this chapter, will be retained in accordance with North Dakota Century Code section
54-46-07.

History: Effective January 1, 1988; amended effective August 1, 1994; April 1, 1999; October 1, 2010;
January 1, 2024.
General Authority: NDCC 43-19.1-08
Law Implemented: NDCC 43-19.1-09, 43-19.1-10, 43-19.1-11
### § 28-01-02.1-06. Statement of purpose of rules - Amendments.

Repealed effective October 1, 2010.
### § 28-01-02.1-07. Gender and definitions.

1. Gender. This title is to be read and interpreted in a nongender context without regard to race,
creed, or sex.
2. Definitions. The terms used throughout this title have the same meaning as in North Dakota
Century Code chapter 43-19.1, except:
a. "Accreditation board for engineering and technology accredited curriculum" means those
academic programs offered by institutions of higher learning that the accreditation board
for engineering and technology (ABET) certify to have met the criteria and qualifications
required to receive the designations as accredited programs in the education, training,
and preparation of the graduates from such programs; engineering curriculum must have
the accreditation of the engineering accreditation commission (EAC) within the
accreditation board for engineering and technology and land surveying curriculum must
have either engineering accreditation commission or technology accreditation
commission (TAC) or applied science accreditation commission (ASAC) of the
accreditation board for engineering and technology to be acceptable to the board.
b. "Application" means the act of furnishing data, documents, and such information under
oath as may be required by the board and on forms prescribed by the board.
c. "Code of ethics" means that set of rules prescribed by the board and adopted herein that
govern the professional conduct of all registrants.
d. "Direct supervision" means the activities of that person who is in responsible charge of
technical, engineering, or land surveying work in progress, whose professional skill and
judgment are embodied in the plans, specifications, reports, plats, or other documents
required to be certified pursuant to section 28-02.1-08-03. A person in direct supervision
of work directs the work of other registrants, interns, draftspersons, technicians, or
clerical persons assigned to that work.
e. "Engineering intern" and "land surveyor (surveying) intern" are recognized by the board
as synonymous with engineer-in-training and land surveyor-in-training provided the intern
designations are conferred under the same requirements as the "in-training" designations
pursuant to these rules.
f. "Examination" means that series of tests prescribed by the board that are developed to
ascertain the level of proficiency in the fundamentals and in the practices of the
professions regulated by the board.
g. "Form" means a printable or fillable form that captures the data required by this chapter.
It includes forms replicated on electronic platforms.
h. "Gross negligence" means a substantial deviation in professional practice from the
standard of professional care exercised by members of the registrant's profession, or a
substantial deviation from any technical standards issued by a nationally recognized or

state-recognized professional organization, or both, comprised of members of the
registrant's profession, or a substantial deviation from requirements contained in state
laws, board regulations, local ordinances, or regulations related to the registrant's
professional practice.
i. "Inactive" means a registration that has voluntarily expired and the registrant has notified
the board office of their intent to not renew.
j. "Incompetence" means to lack the professional qualifications, experience, education, or
combination thereof to undertake a professional engagement or assignment. The
following acts or omissions, among others, may be deemed to be "incompetence" and to
be cause for denial, suspension, or revocation of a certificate of registration to practice
engineering or land surveying and the imposition of any other lawful discipline.
Incompetence includes:
(1) Recklessness or excessive errors, omissions, or failures in the registrant's record of
professional practice.
(2) Mental or physical disability or addiction to alcohol or drugs that leads to the
impairment of the registrant's ability to exercise due skill and care in providing
professional services so as to endanger the health, safety, and welfare of the public.
k. "Lapsed" means a registration that has voluntarily expired and the registrant has not
notified the board office of their intent to not renew.
l. "Misconduct" means:
(1) Conviction of any crime reasonably related to the practice of the registrant's
profession;
(2) An adverse civil adjudication involving dishonesty, gross negligence, or
incompetence;
(3) Suspension or revocation or voluntary surrender of a professional license or
registration by this state or by any other jurisdiction;
(4) Any act or practice in violation of the rules of professional conduct as set forth in
sections 28-03.1-01-01 through 28-03.1-01-17;
(5) Violation of any of the administrative rules set forth in this title; or
(6) Knowingly fail to comply with continuing professional competency requirements set
forth in article 28-04.
m. "Registrant" means any individual or organization who has been approved for a
certificate of registration as an engineer intern, land surveyor intern, a professional
engineer, a professional land surveyor, or any combination thereof, or a temporary permit
to practice engineering, or a certificate of commercial practice.
History: Effective January 1, 1988; amended effective August 1, 1994; April 1, 1999; October 1, 2004;
October 1, 2010; January 1, 2024.
General Authority: NDCC 43-19.1-08
Law Implemented: NDCC 43-19.1-08
