# Title 43 — Occupations and Professions

## Chapter 43-19.1 — Professional Engineers and Land Surveyors

### § 43-19.1-01. General provisions.

In order to safeguard life, health, and property, and to promote the public welfare, the
practice of engineering and land surveying in this state is hereby declared to be subject to
regulation in the public interest, and it hereby is declared necessary that a state board of
registration for professional engineers and land surveyors be established, which in the exercise
of its powers is deemed to be an administrative agency within the purview of chapter 28-32. It is
unlawful for any person to practice, or to offer to practice, professional engineering or land
surveying in this state, as defined in the provisions of this chapter, or to use in connection with
the person's name or otherwise assume, or advertise any title or description tending to convey
the impression that the person is an engineer or land surveyor, unless such person has been
duly registered or exempted under the provisions of this chapter. The right to engage in the
practice of engineering or land surveying is deemed a personal right, based on the qualifications
of the individual as evidenced by the individual's certificate of registration, which is not
transferable.
### § 43-19.1-02. Definitions.

In this chapter unless the context otherwise requires:
1. "Board" means the state board of registration for professional engineers and land
surveyors.
2. "Engineer" means a professional engineer.
3. "Engineer intern" means an individual who complies with the requirements for
education, experience, and character and who has passed an examination in the
fundamental engineering subjects, as provided in sections 43-19.1-12 and 43-19.1-15.
4. "Engineering surveys" means all survey activities required to support the sound
conception, planning, design, construction, maintenance, and operation of engineered
projects, which include locating or laying out alignments, positions, or elevations for
the construction of fixed works. The term does not include the surveying of real
property for the establishment of land boundaries, rights of way, easements, and the
dependent or independent surveys or resurveys of the public land survey system.
5. "Executive director" means the individual hired by the board to perform the duties
outlined in this chapter or such other duties as directed by the board.
6. "Land surveyor" means an individual engaged in the practice of land surveying.
7. "Land surveyor intern" means an individual who complies with the requirements for
education, experience, and character and who has passed an examination in the
fundamentals of mathematics and the basic principles of land surveying as required in
this chapter and as established by the board.
8. "Practice of engineering and practice of professional engineering" means any service
or creative work, the adequate performance of which requires engineering education,
training, and experience in the application of special knowledge of the mathematical,
physical, and engineering sciences to such services or creative work as consultation,
investigation, evaluation, planning and design of engineering works and systems,
engineering teaching of advanced engineering subjects or courses related thereto,
engineering surveys, and the inspection of construction for the purpose of assuring
compliance with drawings and specifications; any of which embraces such service or
work, either public or private, in connection with any utilities, structures, buildings,
machines, equipment, processes, work systems, or projects as are incidental to the
practice of engineering. A person must be construed to practice or offer to practice
engineering if the person practices any branch of the profession of engineering; if the
person, by verbal claim, sign, advertisement, letterhead, card, or in any other way
represents that the person is an engineer and is able to practice engineering in this
state if the person through the use of some other title implies that the person is an
engineer or that the person is registered under this chapter; or if the person holds out
as able to perform, or does perform any engineering service or work or any other

service that is recognized as engineering, for a valuable consideration for others,
including the public at large.
9. "Practice of land surveying":
a. Means making land boundary determinations by providing or offering to provide
professional services using such sciences as mathematics, geodesy, and
photogrammetry and involving the making of geometric measurements and
gathering related information pertaining to the physical or legal features of the
earth; improvements on the earth; and improvements on the space above, on, or
below the earth and providing, utilizing, or developing the same into land survey
products such as graphics, data, maps, plans, reports, descriptions, or projects.
As used in this subsection, professional services include acts of consultation,
investigation, testimony evaluation, expert technical testimony, planning,
mapping, assembling, and interpreting gathered measurements and information
related to any one or more of the following:
(1) Determining by measurement the configuration or contour of the earth's
surface or the position of fixed objects on the earth's surface;
(2) Determining by performing geodetic land surveys the size and shape of the
earth or the position of any point on the earth;
(3) Locating, relocating, establishing, re-establishing, or retracing property lines
or boundaries of any tract of land, road, right of way, or easement;
(4) Making any land survey for the division, subdivision, or consolidation of any
tract of land;
(5) Locating or laying out alignments, positions, or elevations for the
construction of fixed works;
(6) Determining by the use of principles of land surveying the position for any
survey monument, boundary or nonboundary, or reference point and
establishing or replacing any such monument or reference point; and
(7) Creating, preparing, or modifying electronic or computerized or other data
for the purpose of making land boundary determinations relative to the
performance of the activities in paragraphs 1 through 6.
b. Includes:
(1) Engaging in land surveying;
(2) By verbal claim, sign, advertisement, letterhead, card, or any other way
representing to a person to be a professional land surveyor;
(3) Through the use of some other title implying to be a professional land
surveyor or that the person is licensed or authorized under this chapter; and
(4) Holding out as able to perform or performing any land surveying service or
work or any other service designated by the practitioner which is recognized
as land surveying.
10. "Professional engineer" means an individual who by reason of special knowledge or
use of the mathematical, physical, and engineering sciences and the principles and
methods of engineering analysis and design, acquired by engineering education and
engineering experience, is qualified to practice engineering, and who has been
registered and licensed by the state board of registration for professional engineers
and land surveyors.
11. "Professional land surveyor" means a land surveyor who complies with the
requirements for education, experience, and character and who has been registered
and licensed by the board.
12. "Responsible charge" means direct control and personal supervision of engineering or
surveying work.
13. "Retired registrant" means a duly registered professional engineer or land surveyor
who is not engaged in active professional practice and is not required to meet the
continuing professional education requirements as prescribed by the board. A retired
registrant is issued a certificate of registration indicating "retired" status.

### § 43-19.1-03. Board - Appointments - Terms.

A state board of registration for professional engineers and land surveyors is hereby created
the duty of which is to administer this chapter. The board consists of one professional land
surveyor and four professional engineers. The board members who are professional engineers
must be appointed by the governor from among a list of nominees submitted to the governor by
the North Dakota society of professional engineers who must have the qualifications required by
section 43-19.1-04, such list must include the names of at least three nominees for each
vacancy to be filled. The governor shall appoint the professional land surveyor member of the
board from a list of nominees submitted by the North Dakota society of professional land
surveyors. The list must include the names of at least three nominees for the vacancy to be
filled. The members must possess the qualifications required by section 43-19.1-04. The
members of the board must be appointed for five-year terms that are staggered so the term of
one member expires June thirtieth of each year. Each member of the board shall receive a
certificate of appointment from the governor and shall file with the secretary of state a written
oath or affirmation for the faithful discharge of the member's official duties. On the expiration of
the term of any member, the governor shall appoint for a term of five years a board member
having the qualifications required in section 43-19.1-04 to take the place of the member whose
term on the board is about to expire. A member may be reappointed. Each member shall hold
office until the expiration of the term for which appointed or until a successor has been duly
appointed and has qualified.
### § 43-19.1-04. Board - Qualifications.

Each professional engineer board member must be a professional engineer who is a citizen
and resident of this state, has been registered in this state a minimum of eight years, has been
engaged in the lawful practice of engineering for at least twelve years, and has had responsible
charge of important engineering work for at least five years. Each professional land surveyor
board member must be a professional land surveyor who is a citizen and resident of this state,
has been registered as a professional land surveyor in this state a minimum of eight years, and
has been responsible for important land surveying work for at least five years.
### § 43-19.1-05. Board - Compensation and expenses.

Each member of the board is entitled to receive per diem, in an amount established by the
board which may not exceed one hundred thirty-five dollars, when attending to the work of the
board or any of the board's committees and for the time spent in necessary travel and is entitled
to be reimbursed for all actual traveling, incidental, and clerical expenses necessarily incurred in
carrying out the provisions of this chapter.
### § 43-19.1-06. Board - Removal of members - Vacancies.

The governor may remove any member of the board for misconduct, incompetency, neglect
of duty, or for any sufficient cause, in the manner prescribed by law for removal of state officials.
Vacancies in the membership of the board must be filled for the unexpired term by appointment
by the governor as provided in section 43-19.1-03.
### § 43-19.1-07. Board - Organization and meetings.

The board shall hold at least two regular meetings each year. The board shall elect or
appoint annually the following officers: a chairman, a vice chairman, and a secretary. A quorum
of the board consists of not fewer than three members.
### § 43-19.1-08. Board - Powers.

The board may:
1. Adopt and amend all bylaws, rules of procedure, and regulations to administer and
carry out the provisions of this chapter and for the conduct of the board's affairs and
functions which may be reasonably necessary for the proper performance of the
board's duties and the regulation of the board's proceedings, meetings, records, and

examinations and the conduct thereof, and to adopt a code of ethics that must be
binding upon all persons registered under or subject to this chapter.
2. Adopt and have an official seal, which must be affixed to each certificate issued.
3. Employ such clerks, technical experts, and attorneys as the board determines
necessary or desirable to carry out this chapter.
4. Hold hearings, administer oaths, and take and record testimony; under the hand of the
board's chairman and the seal of the board, subpoena witnesses and compel the
witnesses' attendance; require the submission of books, papers, documents, or other
pertinent data in any disciplinary matters, or in any case when a violation of this
chapter or of the rules or regulations adopted by the board is alleged; and make
findings, orders, and determinations that have the force and effect of law which are
subject to review by the courts of this state in the manner provided by chapter 28-32.
Upon failure or refusal of any person to comply with any such order of the board or to
honor the board's subpoena, the board may apply to a court of any jurisdiction to
enforce compliance with the order or subpoena.
5. Apply in the name of the state for relief by injunction, without bond, to enforce the
provisions of this chapter or to restrain any violation of this chapter. In such
proceedings, it is not necessary to allege or prove, either that an adequate remedy at
law does not exist or that substantial or irreparable damage would result from the
continued violation thereof. The members of the board are not personally liable under
this proceeding.
### § 43-19.1-09. Receipts and disbursements.

The executive director for the board shall receive and account for all moneys derived under
the provisions of this chapter and shall deposit and disburse the money derived under this
chapter in accordance with section 54-44-12. The executive director shall receive such salary as
the board shall determine. The board shall employ clerical or other assistants as are necessary
for the proper performance of the board's work and shall make expenditures of this fund for any
purpose the board determines is reasonably necessary for the proper performance of the
board's duties under this chapter, including the expenses of the board's delegates to meetings
of and membership fees to the national council of examiners for engineering and surveying and
any of the organization's subdivisions.
### § 43-19.1-10. Records and reports.

The board shall:
1. Keep a record of the board's proceedings and of all applications for registration. The
record must show the name, age, and last-known address of each applicant; the date
of application, the place of business of such applicant, the applicant's education,
experience, and other qualifications; type of examination required; whether the
applicant was rejected; whether a certificate of registration was granted; the date of
the action of the board; and such other information as may be deemed necessary by
the board. The record of the board is prima facie evidence of the proceeding of the
board and a transcript of board proceedings which is certified by the executive director
under seal is admissible as evidence with the same force and effect as if the original
were produced.
2. Annually, in compliance with state law, submit a report of the board's transactions of
the preceding year.
### § 43-19.1-11. Roster.

A complete roster showing the names and last-known addresses of all professional
engineers and land surveyors must be made available by the executive director for the board at
intervals as established by board regulations. Copies of this roster must be made available to
each registrant and all county auditors and city auditors and may be distributed or sold to the
public.

### § 43-19.1-12. General requirements for registration.

To be eligible for registration as a professional engineer or land surveyor or for certification
as an engineer intern or land surveyor intern, an applicant must be of good character and
reputation and shall submit a written application to the board containing such information as the
board may require together with five references, three of which references must be professional
engineers in the case of engineers or three of which references must be professional land
surveyors in the case of land surveyors, having personal knowledge of the applicant's
engineering or land surveying experience, or in the case of an application for certification as an
engineer intern or land surveyor intern, by three character references.
### § 43-19.1-12.1. Conviction not bar to registration - Exceptions.

Conviction of an offense does not disqualify an individual from registration under this
chapter unless the board determines that the offense has a direct bearing upon an individual's
ability to serve the public as an engineer or land surveyor or that following conviction of any
offense the individual is not sufficiently rehabilitated under section 12.1-33-02.1.
### § 43-19.1-13. Registration without examination - Professional engineers.

An applicant otherwise qualified must be admitted to registration as a professional engineer
without examination if the applicant is:
1. An individual holding a certificate of registration to engage in the practice of
engineering, on the basis of comparable qualifications, issued to that applicant by a
proper authority of a state, territory, or possession of the United States, the District of
Columbia, or any foreign country and who, in the opinion of the board, based upon
verified evidence, meets the requirements of this chapter; or
2. An individual registered as a professional engineer by the state of North Dakota under
chapter 43-19, on the thirtieth day of June 1967.
### § 43-19.1-14. Registration with examination - Professional engineers.

An applicant otherwise qualified must be admitted to registration as a professional engineer
if the applicant has successfully passed a board-approved examination in the principles and
practice of engineering, as prescribed by the board, and has one of the following additional
qualifications:
1. Is an engineer intern with a baccalaureate degree in engineering from an institution
offering accredited programs approved by the board as being of satisfactory standing,
who has a specific record of an additional four years or more of experience in
engineering work of a grade and character which indicates to the board that the
applicant may be competent to practice engineering.
2. Is an engineer intern with a baccalaureate degree in engineering from a program that
is not accredited but is approved by the board, who has eight years or more of
progressive experience in engineering work of a character and grade which indicates
to the board that the applicant is competent to practice engineering.
3. Is an engineer intern with a specific record of at least twenty years of lawful practice in
engineering work during at least ten years of which the applicant has been in
responsible charge of important engineering work which is of a grade and character
that indicates to the board that the applicant is competent to practice engineering, who
has been approved for the fundamentals of engineering examination by the board
before July 1, 2004, and who holds a valid engineer intern certificate as of January 1,
2006.
4. Is an engineer intern who meets one of the educational requirements listed in
subsection 1, 2, or 5, who has been a teacher of engineering in a college or university
offering an approved engineering curriculum of four years or more, and who has had a
minimum of two years of nonteaching engineering experience that is of a character
and grade that indicates to the board that the applicant is competent to practice
engineering.

5. Is an engineer intern with a baccalaureate degree in an engineering-related program,
who has at least twelve years of progressive experience in engineering work of a
character and grade which indicates to the board that the applicant is competent to
practice engineering.
### § 43-19.1-15. Additional qualifications of engineer interns.

Except in the case of an individual who filed an application before July 1, 1967, and any
subsequent reapplication by such individual, an applicant otherwise qualified must be admitted
to certification as an engineer intern. An engineer intern is an individual who has:
1. A baccalaureate degree in engineering from an institution that offers accredited
programs approved by the board and has passed a board-approved examination in
the fundamentals of engineering shall be certified or enrolled as an engineer intern.
2. A baccalaureate degree in engineering from a program that is not accredited but is
approved by the board, who has a specific record of at least four years of experience
in engineering work of a grade and character satisfactory to the board, and who
passes a board-approved examination in the fundamentals of engineering.
3. A baccalaureate degree in an engineering-related program, who has a specific record
of at least six years of experience in engineering work of a grade and character
satisfactory to the board, and who passes a board-approved examination in the
fundamentals of engineering.
### § 43-19.1-16. Registration - Professional land surveyor.

An individual who shows, to the satisfaction of the board, that the individual is otherwise
qualified and is over the age of eighteen years is eligible for registration as a professional land
surveyor, if the individual has passed a board-approved examination regarding state laws and
rules or other surveying issues specific to the state and:
1. Holds a certificate of registration to engage in the practice of land surveying issued by
proper authority of a state, territory, possession of the United States, the District of
Columbia, or any foreign country, based on requirements and qualifications as shown
by the individual's application which, in the opinion of the board, are equal to or higher
than the requirements of this chapter;
2. Holds a certificate as a land surveyor intern issued by the board and:
a. In addition to experience that may be required to qualify for certification as a land
surveyor intern, completed at least four years of land surveying experience of a
character satisfactory to the board; and
b. Passed a board-approved written examination in the principles and practice of
land surveying; or
3. Is registered as a land surveyor by the state of North Dakota, under the provisions of
former chapter 43-24, on the thirtieth day of June 1967.
### § 43-19.1-16.1. Qualifications of land surveyor interns.

(Effective through June 30, 2028)
1. Before July 1, 2028, an applicant for certification as a land surveyor intern may qualify
for certification by meeting the requirements of this section or section 43-19.1-16.2.
After June 30, 2028, a qualified applicant for certification as a land surveyor intern
must meet the requirements of section 43-19.1-16.2.
2. An applicant for certification as a land surveyor intern who has at least four years of
qualifying land surveying experience of a character satisfactory to the board, of which
a formal education in an accredited engineering or land surveying curriculum may
constitute a part, may receive from the board, upon passing a written examination on
the fundamentals of mathematics and the basic principles of land surveying, a
certificate stating the applicant has passed the examination and been recorded as a
land surveyor intern.

### § 43-19.1-16.2. Qualifications of land surveyor interns.

The board shall certify as a land surveyor intern an otherwise qualified applicant who has
passed a board-approved written examination on the fundamentals of mathematics and the
basic principles of land surveying and:
1. Has a baccalaureate degree in land surveying from an institution that offers board-
approved accredited programs;
2. Has a baccalaureate degree in a board-approved program other than land surveying
and:
a. Has board-approved educational training in land surveying in connection with the
baccalaureate degree or other program; and
b. Has at least two years of qualifying land surveying experience of a character
satisfactory to the board;
3. Has an associate degree in land surveying from a board-approved program and has at
least two years of qualifying land surveying experience of a character satisfactory to
the board; or
4. Has a certificate in land surveying from an institution that offers a board-approved
program and has at least four years of qualifying land surveying experience of a
character satisfactory to the board.
### § 43-19.1-17. Application for registration.

Application for registration as a professional engineer or land surveyor or for certification as
an engineer intern or land surveyor intern must be on a form prescribed and furnished by the
board containing statements made under oath, showing the applicant's education, a detailed
summary of the applicant's technical experience, and references as required by this chapter and
must be accompanied by registration fees.
### § 43-19.1-17.1. Retired registrant.

The board may recognize an individual who is no longer practicing as an engineer or land
surveyor as a retired registrant.
### § 43-19.1-18. Registration fees.

The board shall establish registration fees for professional engineers, land surveyors,
engineer interns, and land surveyor interns in the amount the board determines necessary to
accomplish the purposes of the board as provided in this chapter. The registration fees may not
exceed the amount of one hundred fifty dollars for a one-year period or three hundred dollars for
a two-year period. If the board denies the issuance of a certificate to an applicant, the fee paid
may be retained as an application fee.
### § 43-19.1-19. Examinations.

Written examinations must be held at such times and places as the board shall determine.
Examinations required on fundamental engineering or land surveying subjects may be taken at
any time prescribed by the board. The professional examinations may be taken as soon as a
candidate desires, without having to complete a specific amount of experience. The board shall
establish the minimum passing grade on any examination. A candidate failing one examination
may apply for re-examination, which may be granted upon payment of a fee established by the
board.
### § 43-19.1-20. Certificates.

The board shall issue a certificate of registration upon payment of the registration fee as
provided for in this chapter to any applicant who in the opinion of the board has met the
requirements of this chapter. Enrollment cards must be issued to those who qualify as engineer
interns or land surveyor interns. Certificates of registration must carry the designation
"professional engineer" or "professional land surveyor", must show the full name of the
registrant without any titles, must be numbered, and must be signed by the chairman and the
executive director under seal of the board. The issuance of a certificate of registration by the

board is prima facie evidence the individual named on the certificate is entitled to all rights and
privileges of a professional engineer or land surveyor during the term of which the certificate
providing the same has not been revoked or suspended.
### § 43-19.1-21. Seals.

Each registrant under this chapter upon registration may obtain a seal of the design
authorized by the board, bearing the registrant's name, registration number, and the legend
"registered professional engineer" or "registered professional land surveyor". Final engineering
drawings, specifications, maps, plats, reports, or other documents prepared by a person
required to be registered under this chapter, when presented to a client, contractor,
subconsultant, or any public agency, must be signed, dated, and stamped with the seal or
facsimile of the seal. A working drawing or unfinished document must contain a statement to the
effect the drawing or document is preliminary and not for construction, recording purposes, or
implementation. It is unlawful for a registrant to affix or permit the registrant's seal and signature
or facsimiles thereof to be affixed to any engineering drawings, specifications, maps, plats,
reports, or other documents after the expiration or revocation or during the suspension of a
certificate, or for the purpose of aiding and abetting any other person to evade or attempt to
evade any provision of this chapter.
### § 43-19.1-22. Expirations and renewals.

A certificate of registration expires on December thirty-first of the year of issuance if
registration is on an annual basis and of the year after issuance if issued on a biennial basis and
becomes invalid after that date unless renewed. The executive director for the board shall notify
every registrant under this chapter of the date of the expiration of the registrant's certificate of
registration and the amount of fee required for its renewal. The notice must be mailed or
electronically sent, if the registrant has opted in to receive electronic renewal notices, to the
registrant at the registrant's last-known address or electronic mail address at least one month in
advance of the expiration of the registrant's certificate. Renewal may be effected at any time
before or during the month of December by the payment of a fee as established by the board,
not to exceed the fees established in section 43-19.1-18. Renewal of an expired certificate may
be effected under rules adopted by the board regarding requirements for re-examination and
penalty fees.
### § 43-19.1-23. Reissuance of certificates.

A new certificate of registration to replace any certificate lost, destroyed, or mutilated may
be issued subject to the rules of the board. The board may establish a reasonable charge for
such issuance.
### § 43-19.1-24. Code of ethics.

The board shall cause to have prepared and shall adopt a code of ethics, a copy of which
must be made available to every registrant and applicant for registration under this chapter, and
which must be published in the roster provided under this chapter. Such publication constitutes
due notice to all registrants. The board may revise and amend this code of ethics from time to
time and shall notify each registrant of such revisions or amendments. The code of ethics
applies to all certificate holders, individual and certificate of commercial practice, including
specialists in a particular branch of the engineering or surveying profession.
### § 43-19.1-24.1. Engineer not liable for contractor's fault unless responsibility assumed -

Liability for own negligence.
An engineer is not liable for the safety of persons or property on or about a construction
project site, or for the construction techniques, procedures, sequences and schedules, or for the
conduct, action, errors, or omissions of any construction contractor, subcontractor, or material
supplier, their agents or employees, unless the engineer assumes responsibility therefor by
contract or by the engineer's actual conduct. Nothing herein may be construed to relieve an
engineer from liability for negligence, whether in the engineer's design work or otherwise.

### § 43-19.1-25. Disciplinary action - Revocations, suspensions, or reprimand.

The board may suspend, refuse to renew, or revoke the certificate of registration of and may
reprimand any registrant. These powers apply to any registrant who is found guilty of any of the
following:
1. The practice of any fraud or deceit in obtaining a certificate of registration.
2. Any gross negligence, incompetence, or misconduct in the practice of engineering or
land surveying.
3. Any offense determined by the board to have a direct bearing upon an individual's
ability to serve the public as a professional engineer and land surveyor; or when the
board determines, following conviction of any offense, that an individual is not
sufficiently rehabilitated under section 12.1-33-02.1.
4. The violation of the code of ethics adopted by the board.
### § 43-19.1-26. Disciplinary action - Procedure.

Any person may file charges of fraud, deceit, gross negligence, incompetence, misconduct,
or violation of the code of ethics against any individual registrant. Such charges must be in
writing and must be filed with the executive director for the board. All charges, unless dismissed
by the board as unfounded or trivial, must be heard by the board following the filing of charges
unless the accused registrant waives this requirement. The board may resolve a disciplinary
action at any time through informal disposition as provided in section 28-32-22. The matters
considered at a hearing must include all charges made in the original filing, together with any
related or additional matters or charges that arise in connection with the investigation of the
original charges, and which are set forth in a specification of issues for the hearing. The time
and place for the hearing must be fixed by the board and a copy of the charges, together with a
notice of the time and place of hearing, and a specification of the issues to be considered at the
hearing must be served upon the accused registrant either personally or sent by registered mail
to the last-known address of the registrant at least thirty days before the date fixed for hearing.
At any hearing the accused registrant has the right to appear in person or by counsel, or both; to
cross-examine witnesses appearing against the accused; and to produce evidence and
witnesses in defense of the accused. If the accused fails or refuses to appear, the board may
proceed to hear and determine the validity of the issues set forth in the specification of issues or
enter a default order under section 28-32-30. Following the hearing, the board members who
did not serve on the investigative panel shall deliberate in executive session and if a majority of
the board members who did not serve on the investigative panel vote in favor of sustaining all or
part of the issues set forth in the specification of issues, the board shall make findings of fact
and conclusions of law and shall issue the board's order and serve the findings, conclusions,
and order upon the accused. In the order the board may reprimand, suspend, refuse to renew,
or revoke the accused registrant's certificate of registration. Any registrant who feels aggrieved
by any action of the board in denying, suspending, refusing to renew, or revoking that
registrant's certificate of registration may appeal the board's action to the district court under the
procedures provided by chapter 28-32.
### § 43-19.1-27. Right to practice.

1. A person may not practice or offer to practice professional engineering or land
surveying unless the person is an individual registered to practice under or exempt
from the provisions of this chapter. The practice of engineering by a professional
engineer which includes service or creative work that is included in both the definition
of the practice of engineering and the definition of land surveying does not require
registration as a professional land surveyor. The practice of land surveying by a
professional land surveyor which includes a service or creative work that is included in
both the definition of the practice of engineering and the definition of land surveying
does not require registration as a professional engineer.
2. The following are not considered offering to practice engineering or surveying in the
solicitation of work if the engineer or surveyor is licensed in another jurisdiction:
a. Advertising in a publication or electronic media if there is no holding out of
professional services in jurisdictions in which not licensed.

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

6. An organization or individual operating under a trade name desiring a certificate of
commercial practice or the renewal thereof shall file a written application with the
board setting forth the names and addresses of all partners, officers, directors,
managers, or governors, if any, of such organization and the names and addresses of
all employees who are duly registered to practice professional engineering or land
surveying in this state, and who are or will be in responsible charge of any engineering
or land surveying in this state by such organization or individual operating under a
trade name, together with other information as the board may require. Upon the
receipt of an application, and of a fee in an amount established by the board for the
initial certificate or renewal thereof, but not to exceed the amount of two hundred
dollars per year, the board shall issue to such organization or individual operating
under a trade name a certificate of commercial practice or a renewal thereof, which
certificate of commercial practice is not transferable. If the board finds an error in an
application or that facts exist which would entitle the board to suspend or revoke a
certificate if issued to the applicant, the board shall deny the application. If a change
occurs in any of the information submitted on the application of any organization or
individual operating under a trade name within the term of the certificate of commercial
practice, the organization or individual operating under a trade name shall file with the
board a written report with respect to the change within thirty days after the change
occurs. The provisions with respect to issuance, expiration, renewal, and reissuance of
the certificates of registration of individuals contained in this chapter also apply to
certificates of commercial practice issued to an organization or individual operating
under a trade name under this subsection. An organization or individual operating
under a trade name is subject to disciplinary proceedings and penalties and
certificates of commercial practice are subject to suspension or revocation for cause in
the same manner and to the same extent as is provided with respect to an individual
and the individual's certificates of registration in sections 43-19.1-26, 43-19.1-29, and
### § 43-19.1-31. "Registrant" and "certificate of registration" in sections 43-19.

1-26,
43-19.1-29, and 43-19.1-31, and the provisions of such sections, include and apply
respectively to any organization or individual operating under a trade name that holds
a certificate of commercial practice issued under this chapter, and to such certificate of
commercial practice.
### § 43-19.1-28. Public works.

Except as otherwise provided by law, the state and its political subdivisions may not engage
in the construction of public works involving the practice of professional engineering when the
contemplated expenditure for the project exceeds the sum of two hundred thousand dollars,
unless the engineering drawings and specifications and estimates have been prepared by, and
the construction administration and construction observation services are executed under the
supervision of, a registered professional engineer. Any engineering contract executed in
violation of this section is void.
### § 43-19.1-29. Exemption clause.

This chapter does not prevent or affect:
1. The practice or offer to practice engineering by an individual not a resident or having
no established place of business in this state, if that individual is legally qualified by
registration to practice engineering in another state or country that extends similar
privileges to individuals registered under this chapter. However, that individual shall
make an application accompanied by the appropriate application fee to the board in
writing before practicing or offering to practice engineering, and may be granted a
one-time temporary permit for a definite period of time not to exceed one year to do a
specific job. No right to practice engineering accrues to any applicant with respect to
any other work not set forth in the temporary permit. A land surveyor may not receive a
temporary permit under this subsection.
2. The work of an employee or a subordinate of an individual holding a certificate of
registration under this chapter, or an employee of an individual practicing lawfully

under subsection 1; provided such work does not include final engineering or
surveying designs or decisions and is done under the direct supervision of and verified
by an individual holding a certificate of registration under this chapter, or an individual
practicing lawfully under subsection 1.
3. The practice of any other legally recognized profession or trade, nor does the chapter
permit registered professional engineers to perform duties requiring the services of a
licensed architect, as provided by the laws of the state of North Dakota licensing and
regulating architects and architecture.
4. The practice of engineering or land surveying by any individual regularly employed to
perform engineering services solely for that individual's employer or for a subsidiary or
affiliated corporation or limited liability company of that individual's employer, providing
the services performed are in connection with the property, products, or services of
that individual's employer, unless the board determines the property, products, or
services are of a unique type requiring registration to protect the public.
5. The performance of work ordinarily performed by a person that operates or maintains
machinery or equipment.
### § 43-19.1-30. Duties of recorder.

It is unlawful for the recorder of any county or any county or any proper public authority to
file or record any map, plat, survey, or other document within the definition of land surveying
which does not have impressed thereon and affixed thereto the personal signature and seal of a
registered professional land surveyor by whom the map, plat, survey, or other document was
prepared.
### § 43-19.1-31. Violation and penalties.

Any person that practices or offers to practice engineering or land surveying in this state
without being registered in accordance with the provisions of this chapter; any person using or
employing the words "engineer", "engineering", "professional engineer", "surveyor", "land
surveyor", "professional land surveyor", or any modification or derivative of these terms in that
person's name, form of business, or activity, except as authorized in this chapter; any person
presenting or attempting to use the certificate of registration or the seal of another; any person
giving any false or forged evidence of any kind to the board or to any member of the board in
obtaining or attempting to obtain a certificate of registration; or any person falsely impersonating
any other registrant of like or different name; any person attempting to use an expired or
revoked or nonexistent certificate of registration practicing or offering to practice when not
qualified; any person falsely claiming that person is registered under this chapter; or any person
violating any of the provisions of this chapter is guilty of a class B misdemeanor. It is the duty of
all duly constituted officers of the state, and of all political subdivisions of the state, to enforce
the provisions of this chapter. In addition to any criminal penalty authorized under this section,
the board may assess a civil penalty not to exceed two thousand five hundred dollars for each
violation of section 43-19.1-25. The civil penalty may be imposed by a court in a civil proceeding
or by the board through an administrative proceeding.
### § 43-19.1-32. Duty of attorney general - Legal counsel.

The attorney general of the state or the attorney general's assistant shall act as legal
adviser to the board and render such legal assistance as may be necessary in carrying out the
provisions of this chapter. The board may employ other counsel and necessary assistance to
aid in the enforcement or administration of this chapter, and the compensation and expenses
therefor must be paid from funds of the board.
### § 43-19.1-33. Continuing professional education - Rules.

The board shall adopt rules to establish continuing education requirements for professional
engineers and land surveyors. Compliance with these rules must be documented at the times,
and in the manner, as is required by the board. A professional engineer or land surveyor who is

exempt under subsection 4 of section 43-19.1-29 but who has voluntarily registered under this
chapter is exempt from the continuing professional education requirements under this section.
