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

## Article 28-02.1 — Engineer and Land Surveyor Registration

## Chapter 28-02.1-12 — Retired Status

### § 28-02.1-12-01. Eligibility for retired status.

Any individual who has been issued a certificate of registration, as a professional engineer or
professional land surveyor, having discontinued active practice as an engineer or land surveyor, or
both, may be eligible to apply for a retired status of registration. For the purpose of this provision,
"active practice" is defined as exercising direct supervision and control over the development and
production of an engineering or land surveying document or any related activities pertaining to the offer
of or the providing of professional engineering or land surveying services.
History: Effective October 1, 2004.
General Authority: NDCC 43-19.1-08
Law Implemented: NDCC 43-19.1-27
### § 28-02.1-12-02. Process for changing registration status to retired.

Those persons wishing to obtain the status of a retired registration shall complete the board-
approved renewal form. The board will not provide a refund of renewal fees if the application for retired
status is made and granted before the date of expiration of the certificate of registration. Individuals
with retired registrations must complete the renewal process to regain an active registration from the
board. They will retain the registration number they had prior to entering a retired status.
History: Effective October 1, 2004; amended effective January 1, 2024.
General Authority: NDCC 43-19.1-08
Law Implemented: NDCC 43-19.1-27
### § 28-02.1-12-03. Continuing professional competency exemption.

Retired registrants are exempt from continuing professional competency requirements.
History: Effective October 1, 2004.
General Authority: NDCC 43-19.1-08
Law Implemented: NDCC 43-19.1-27
### § 28-02.1-12-04. Privileges.

A retired registrant is permitted to:
1. Retain the board-issued wall certificate of registration;
2. Use the title professional engineer or registered land surveyor, or professional land surveyor
provided that it is supplemented by the term "retired", or the abbreviation "ret";
3. Work as an engineer or land surveyor in a volunteer capacity, provided that the retired
registrant does not create an engineering or land surveying document, and does not use the
individual's seal, except as provided for in subsection 4;

4. Provide experience verifications and references for persons seeking registration. When
completing reference or experience verification forms and if using the person's professional
seal, the retired registrant shall place the word "retired" in the space designated for the date of
expiration;
5. Serve in an instructional capacity on engineering and land surveying topics;
6. Provide services as a technical expert before a court, or in preparation for pending litigation,
on matters directly related to engineering or land surveying work performed by the registrant
before the person was granted a retired registration; and
7. Serve in a function that supports the principles of registration and promotes the professions of
engineering and land surveying, such as members of commissions, boards, or committees.
History: Effective October 1, 2004; amended effective October 1, 2010.
General Authority: NDCC 43-19.1-08
Law Implemented: NDCC 43-19.1-27
### § 28-02.1-12-05. Restrictions.

A retired registrant is not permitted to:
1. Perform any engineering or land surveying activity unless said activity is under the direct
supervision of a North Dakota registered professional engineer or professional land surveyor
who has a valid or active registration in the records of the board;
2. Act as the designated engineer or the engineer in responsible charge for a North Dakota
engineering organization or act as the designated land surveyor or land surveyor in
responsible charge for a North Dakota land surveying organization; or
3. Apply the person's professional engineer's or professional land surveyor's seal to any plan,
specification, plat, or report, except as provided for in subsection 4 of section 28-02.1-12-04.
History: Effective October 1, 2004; amended effective October 1, 2010.
General Authority: NDCC 43-19.1-08
Law Implemented: NDCC 43-19.1-27
### § 28-02.1-12-06. Ineligibility for retired status.

Under no circumstances shall a registrant be eligible for a retired registration if the person's
certificate of registration has been revoked, surrendered, or in any way permanently terminated by the
board. Registrants who are suspended from practice or who are subject to terms of a board order, or
both, at the time they request retirement status shall not be eligible for a retired registration until such
time that the board has removed the restricting conditions.
History: Effective October 1, 2004.
General Authority: NDCC 43-19.1-08
Law Implemented: NDCC 43-19.1-27
### § 28-02.1-12-07. Penalties for noncompliance.

Any violations of this chapter shall be considered misconduct or malpractice, or both. Such
violations are subject to disciplinary action.
History: Effective October 1, 2004.
General Authority: NDCC 43-19.1-08
Law Implemented: NDCC 43-19.1-08
