§ 1161 § 1161. Definitions
As used in this chapter:
(1) "Board" means the board of professional engineering.
(2) "Professional engineering services" 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. This includes consultation, investigation, evaluation, planning, and design of engineering works and systems, planning the use of land and water and accomplishing engineering surveys. Such services or work may be either for public or private purposes, and may be performed in connection with any utilities, structures, buildings, machines, equipment, processes, work systems, projects, and equipment systems of a mechanical, electrical, hydraulic, pneumatic, or thermal nature, insofar as they involve safeguarding life, health, or property.
(3) "Financial interest" means being:
(A) a licensed professional engineer; or
(B) a person who deals in goods and services which are uniquely related to the practice of engineering; or
(C) a person who has invested anything of value in a business which provides engineering services.
(4) "Practice of professional engineering" means providing, attempting to provide, or offering to provide professional engineering services for a fee or other consideration.
(5) A professional engineer in "private practice" means a professional engineer who owns, operates, or is employed by a business entity which derives a substantial part of its income from providing professional engineering services to the public.
(6) "Professional engineer" means a person licensed under this chapter.
(7) "State" includes the United States, the District of Columbia, Puerto Rico, Guam, and the U.S. Virgin Islands.
(8) "Unauthorized practice" means conduct prohibited by section 1162 of this title and not exempted by section 1163 of this title. (Added 1983, No. 188 (Adj. Sess.), § 2; amended 1991, No. 167 (Adj. Sess.), § 24; 2009, No. 35, § 13.)
§ 1162 § 1162. Prohibition; enforcement
(a) No person shall engage in the practice of professional engineering unless the person is licensed under or exempt from this chapter.
(b) No person shall use, in connection with the person's name any letters, words, or insignia indicating that the person is a professional engineer unless the person is licensed in accordance with this chapter. A person found guilty of violating this section shall be subject to the penalties provided in 3 V.S.A. § 127(c).
(c) In addition to the power of criminal enforcement, the attorney general, a state's attorney, or a prosecuting attorney from the office of professional regulation may bring a civil action to restrain continuing violations of this section. (Added 1983, No. 188 (Adj. Sess.), § 2; amended 2007, No. 29, § 21; 2009, No. 35, § 14.)
§ 1163 § 1163. Exemptions
(a) Persons exempt. Section 1162 of this title does not prohibit acts constituting the practice of engineering performed as a necessary part of the duties of:
(1) An officer or employee of the federal government.
(2) An officer or a full-time employee of the state.
(3) An officer or full-time employee of a municipality.
(4) Certain classes of licensed potable water supply and wastewater system designers, as designated by rule of the secretary of the agency of natural resources, who design supplies or systems with a design flow of up to 1,350 gallons per day and who are licensed under 10 V.S.A. chapter 64.
(5) An officer or employee of a corporation in interstate communications as defined in the act of Congress entitled "Communications Act of 1934" or of a telephone company under the supervision and regulation of the department of public service.
(6) An employee of a professional engineer.
(7) Students of engineering acting under the supervision of a professional engineer.
(b) Other professions. Section 1162 of this title does not prohibit acts constituting the practice of any other legally recognized profession or occupation.
(c) Purposes exempt. Section 1162 of this title does not prohibit any person from performing acts constituting the practice of engineering for the purpose of:
(1) Designing or fabricating a manufactured product.
(2) Designing or constructing a building which is not a public building as defined in Title 18.
(3) Designing or constructing a building which contains only one, two or three dwelling units, or accessory outbuildings.
(4) Construction of public works by a municipality.
(5) Designing or constructing recreational trails and trail-related structures by a not-for-profit organization whose trails have been recognized by the agency of natural resources as part of the Vermont trails system; provided such organization purchases and maintains liability insurance in the amount required by law or under a contract with the state of Vermont, but in no event in an amount that is less than $100,000.00.
(d), (e) [Repealed.] (Added 1983, No. 188 (Adj. Sess.), § 2; amended 1987, No. 76, § 18; 1991, No. 167 (Adj. Sess.), § 66(8); 1995, No. 175 (Adj. Sess.), § 1; 2001, No. 133 (Adj. Sess.), §§ 10, 11, eff. June 13, 2002; 2009, No. 35, §§ 15, 41.)
§ 1171 § 1171. Board of professional engineering
(a) A board of professional engineering is created, consisting of five members who are residents of this state. The board shall be attached to the office of professional regulation.
(b) One member of the board shall be a member of the public who has no financial interest in engineering other than as a consumer or possible consumer of its services. The member shall have no financial interest personally or through a spouse. Board members shall be appointed by the governor in accordance with 3 V.S.A. §§ 129b and 2004.
(c) Four members of the board shall be licensed professional engineers:
(1) Membership under this subsection shall be rotated to the extent practicable among the professional specialties recognized by the board.
(2) Membership under this subsection shall include at least one engineer in private practice.
(3) Of the four members appointed under this subsection, at the time of appointment three persons shall have been engaged in the practice of professional engineering for at least 12 years, at least five of which have been in responsible charge of important engineering work.
(d) The governor shall request nominations from the various state engineering societies, and may request nominations from other sources, but shall not be bound to select members from among the persons nominated. (Added 1983, No. 188 (Adj. Sess.), § 2; amended 1989, No. 250 (Adj. Sess.), § 4(d); 2005, No. 27, § 37; 2005, No. 148 (Adj. Sess.), § 11; 2007, No. 29, § 22; 2007, No. 163 (Adj. Sess.), § 10.)
§ 1172 § 1172. Powers and duties
(a) The board shall adopt rules necessary for the performance of its duties, including:
(1) A list of recognized engineering specialties.
(2) Qualifications for obtaining licensure, interpreting sections 1181 and 1182 of this title.
(3) Explanations of appeal and other significant rights given to licensees, applicants, and the public.
(4) Procedures for disciplinary and reinstatement cases.
(b) The board shall:
(1) If applications for licensure by examination are pending, offer examinations at least twice each year and pass upon the qualifications of applicants for licensing.
(2) Utilize administrative services provided by the office of professional regulation under 3 V.S.A. chapter 5.
(3) Investigate suspected unprofessional conduct.
(4) Have general responsibility for ensuring that professional engineering services available in this state are of uniformly good quality, and take suitable action, within the scope of its powers, to solve or bring public and professional attention to any problem which it finds in this area.
(c) The board may:
(1) Establish or approve continuing education programs or other methods of allowing licensees to maintain continued competency.
(2) Conduct hearings.
(3) Administer oaths, and at the request of any party issue subpoenas.
(4) Issue orders relating to discovery in the same manner as a judge under the Vermont Rules of Civil Procedure, which may be enforced under section 1175 of this title.
(5) Adopt rules relating to the procedures to be followed in hearings held under this chapter.
(6) Receive assistance from and refer suspected unauthorized practice to the attorney general.
(7) Request the attorney general to obtain injunctions to restrain unprofessional conduct. (Added 1983, No. 188 (Adj. Sess.), § 2; amended 1989, No. 250 (Adj. Sess.), § 4(d); 1999, No. 52, § 11.)
§ 1173 § 1173. Functioning of board
(a) Annually, the board shall meet to elect a chairperson and a secretary.
(b) Meetings may be called by the chairperson and shall be called upon the request of any other two members.
(c) Meetings shall be warned and conducted in accordance with 1 V.S.A. chapter 5.
(d) A majority of the members of the board shall be a quorum for transacting business.
(e) All action shall be taken upon a majority vote of the members present and voting, unless otherwise provided by 1 V.S.A. chapter 5. (Added 1983, No. 188 (Adj. Sess.), § 2.)
§ 1174 § 1174. Hearings
The provisions of the Vermont Administrative Procedure Act relating to contested cases shall apply to proceedings under this chapter. (Added 1983, No. 188 (Adj. Sess.), § 2.)
§ 1175 § 1175. Enforcement or modification of a subpoena or order of the board
(a) A person aggrieved by a subpoena or discovery order issued by the board may appeal to the superior court. Upon such application and after hearing, the court may issue its order affirming, modifying, or vacating a subpoena or discovery order issued under this chapter.
(b) Any party may petition the superior court for enforcement of a subpoena or discovery order of the board. If the court finds that the failure or refusal to comply with the subpoena or discovery order was without reasonable excuse, it may issue its warrant to compel the person's presence before the board, the production of documents, or compliance with a discovery order. The person against whom a warrant is issued shall pay all just damages as determined by the court. (Added 1983, No. 188 (Adj. Sess.), § 2.)
§ 1176 § 1176. Fees
Applicants and persons regulated under this chapter shall pay the following fees:
(1) Application for engineering license =sr $ 80.00
(2) Application for engineer intern certificate =sr $ 50.00
(3) Biennial renewal =sr $ 80.00
(4) [Deleted.] (Added 1983, No. 188 (Adj. Sess.), § 2; amended 1989, No. 250 (Adj. Sess.), § 33; 1991, No. 167 (Adj. Sess.), § 25; 1993, No. 108 (Adj. Sess.), § 3; 1997, No. 59, § 53, eff. June 30, 1997; 1999, No. 49, § 175; 2001, No. 143 (Adj. Sess.), § 23, eff. June 21, 2002; 2005, No. 202 (Adj. Sess.), § 12; 2007, No. 29, § 23; 2009, No. 47, § 9.)
§ 1181 § 1181. License and specialty certificates
(a) Upon determining that an applicant is qualified for initial licensure under section 1182 of this title in one or more specialties, the board shall issue a license certificate and a specialty certificate to the applicant. Upon determining that an existing licensee is qualified under section 1182 in an additional specialty, the board shall issue a revised specialty certificate to the licensee.
(b) A license certificate shall have indefinite duration, but shall be valid only so long as the licensee has a currently valid specialty certificate. License certificates are the property of licensees, but they shall be returned to the board if the license is revoked or suspended and may be destroyed if the license is revoked.
(c) Specialty certificates issued under this chapter shall be renewed biennially upon payment of the required fee.
(d) When it issues a specialty certificate, the board shall also issue a pocket card which shall expire on the same day.
(e) Each specialty certificate and each pocket card shall show their expiration date, and shall also show all specialty areas in which the holder has been certified by the board.
(f) If a licensee has a principal place of business, the license certificate and specialty certificate shall be prominently displayed there. (Added 1983, No. 188 (Adj. Sess.), § 2; amended 1993, No. 108 (Adj. Sess.), § 4.)
§ 1181a § 1181a. Repealed. 2005, No. 27, § 117(1).
§ 1182 § 1182. Licensing standards
(a) Engineering graduates. A license and specialty certification shall be issued to a person who:
(1) satisfactorily completes an engineering curriculum, of at least four years in length, which is either approved by the board or accredited by the Accreditation Board for Engineering and Technology (ABET) or an equivalent body recognized by board rule for this purpose;
(2) after having completed five semesters in an approved curriculum as defined in subdivision (1) of this subsection or after having graduated from such a curriculum, attains a passing score set by board rule on a general examination testing the fundamentals of engineering;
(3) after graduation completes four years of active engineering practice satisfactory to the board in work of a progressively more responsible nature, the last two years of which were within the specialty certification sought, however, work in a cooperative educational program up to a total of 12 months may be included in the total active practice required by this subdivision; and
(4) having completed the four years required by subdivision (3) of this subsection, and after having attained a passing score on the fundamentals of engineering exam, attains a passing score set by board rule on a specialized examination testing the principles and practices of engineering in the specialty certification sought.
(b) Four-year engineering technology graduates. A license and specialty certification shall be issued to a person who:
(1) graduates from a four-year ABET approved curriculum in engineering technology;
(2) after an applicant has completed five semesters in an approved curriculum as defined in subdivision (1) of this subsection or has graduated from such a curriculum, attains a passing score set by board rule on a general examination testing the fundamentals of engineering;
(3) after graduation completes eight years of active engineering practice satisfactory to the board in work of a progressively more responsible nature, at least five years of which were within the specialty certification sought, however, work in a cooperative educational program may be included in the total active practice required by this subdivision; and
(4) after having completed the eight years of active practice as defined in subdivision (3) of this subsection and after having attained a passing grade on the fundamentals of engineering exam, has attained a passing score as established by board rule on a specialized examination testing the principles and practices of engineering in the specialty certification sought.
(c) Equivalent experience. A license and specialty certification shall be issued to a person who:
(1) after having completed six years of active engineering practice, attains a passing score set by board rule on a general examination testing the fundamentals of engineering;
(2) completes 12 years of active engineering practice satisfactory to the board in work of a progressively more responsible nature, at least six years of which were within the specialty certification sought; and
(3) having completed the 12 years required by subdivision (2) of this subsection, and after having attained a passing score on the general examination in fundamentals of engineering, then attains a passing score set by board rule on a specialized examination testing the principles and practices of engineering in the specialty certification sought.
(d) Long term professional experience. A license and specialty certification shall be issued to a person who:
(1) has completed 16 years of active engineering practice satisfactory to the board in work of a progressively more responsible nature, the last eight years of which were within the specialty certification sought;
(2) attains a passing score set by board rule on a specialized examination testing the principles and practices of engineering in the specialty certification sought; and
(3) is found by the board to be a person of professional experience in the field of engineering.
(e) Additional specialty certification. An additional specialty certification shall be issued to a person who:
(1) possesses a valid and unencumbered license issued by the board under subsection (a) of this section, has completed two years of active engineering practice within the specialty certification sought, and has attained a passing score set by board rule on a specialized examination testing the principles and practices of engineering in the specialty certification sought; or
(2) possesses a valid and unencumbered license issued by the board under subsection (b) of this section, has completed four years of active engineering practice within the specialty certification sought, and has attained a passing score set by board rule on a specialized examination testing the principles and practices of engineering in the specialty certification sought; or
(3) possesses a valid and unencumbered license issued by the board under subsection (c) of this section, has completed six years of active engineering practice within the specialty certification sought, and has attained a passing score set by board rule on a specialized examination testing the principles and practices of engineering in the specialty certification sought; or
(4) possesses a valid and unencumbered license issued by the board under subsection (d) of this section, has completed eight years of active engineering practice within the specialty certification sought, and has attained a passing score set by board rule on a specialized examination testing the principles and practices of engineering in the specialty certification sought; or
(5) possesses a valid and unencumbered license issued by the board under subsection (a), (b), (c), or (d) of this section, has completed ten years of active engineering practice satisfactory to the board within the specialty certification sought, presents to the board a portfolio of important engineering work representing a reasonably broad sampling of the engineering work typical of the field in which specialty certification is sought, and demonstrates before the board a thorough knowledge of the engineering principles underlying the work presented in the portfolio.
(f) Without examination a license and specialty certification, or an additional specialty certification shall be issued to a person who is licensed as a professional engineer under the laws of another state or country, whose requirements the board deems to be substantially equivalent to those of this state.
(g) Licensing standards adopted or used by the board, and its procedures, shall be fair and reasonable. Those standards and procedures shall be designed and implemented to ensure that all applicants are admitted to practice unless there is good reason to believe that practice by a particular applicant would be inconsistent with the public health, safety, and welfare. Licensing standards shall not be designed or implemented for the purpose of limiting the number of licensees. (Added 1983, No. 188 (Adj. Sess.), § 2; amended 1991, No. 167 (Adj. Sess.), § 27; 1993, No. 108 (Adj. Sess.), § 5; 1997, No. 40, § 21.)
§ 1183 § 1183. Right to renewal
(a) Specialty certificates shall be renewed every two years without examination and on payment of the required fees. However, by rule the board may establish a continuing education requirement. If the board establishes a continuing education requirement, and a licensee fails to demonstrate compliance with that requirement, it may deny or condition renewal, after opportunity for hearing.
(b) Following expiration of a specialty certificate, it may be reinstated upon payment of a renewal fee and a late renewal penalty. A licensee shall not be required to pay renewal fees during periods when the license was expired.
(c) Notwithstanding subsection (b) of this section, if a specialty certificate remains expired for a period of five years, the board shall send notice under this section to the former licensee at his or her last known address. Thirty days after the notice is sent, the right to renew the certificate without examination is suspended. After the right to renew is suspended, it may be reinstated only by decision of the board acting on petition of the former licensee. During that proceeding, the board may impose reasonable requirements, including reexamination, and may require completion of a practical or academic reentry program. The board may also require payment of a renewal fee, a late renewal penalty, and a license reinstatement fee. (Added 1983, No. 188 (Adj. Sess.), § 2.)
§ 1184 § 1184. Procedure for denial of license; refusal to renew
(a) When the board denies an application for license or refuses to renew a license, it shall send written notice of its decision to the person concerned by registered or certified mail. The notice shall include a statement of the reasons for the action.
(b) Within 30 days of the date that an applicant receives notice of the board's intention to deny an application for license, or a licensee receives notice of the board's intention to refuse to renew a specialty certificate, the aggrieved person may file a petition with the board for review of its preliminary decision.
(c) At the hearing, burden shall be on:
(1) an applicant to show that a license should be issued; or
(2) a licensee to show that he has complied with the renewal requirements of section 1183 of this title.
(d) After hearing, the board shall affirm or reverse its preliminary denial or refusal. (Added 1983, No. 188 (Adj. Sess.), § 2.)
§ 1185 § 1185. Engineer intern
A person who has completed eight semesters of an engineering or engineering technology curriculum or six years' experience in an engineering field and after having passed the fundamentals of engineering examination, shall be issued a certificate as an engineer intern. A person who has completed five semesters in an approved curriculum as defined in subdivision 1182(a)(1) of this title and who has passed the fundamentals of engineering examination shall be issued a certificate as an engineer intern. (Added 1983, No. 188 (Adj. Sess.), § 2; amended 1991, No. 167 (Adj. Sess.), § 28; 1993, No. 108 (Adj. Sess.), § 6; No. 190 (Adj. Sess.), § 7.)
§ 1186 § 1186. Corporations; limited liability companies
A corporation created after July 1, 1984, or a limited liability company, completely or in part for the practice of engineering shall incorporate as a professional corporation, or organize as a professional limited liability company. However, a corporation or a limited liability company engaged in both engineering and land surveying may allow a licensed land surveyor to exercise all of the corporate rights and duties of an engineer in that corporation or company. (Added 1983, No. 188 (Adj. Sess.), § 2; amended 1997, No. 40, § 12.)
§ 1187 § 1187. Repealed. 2009, No. 103 (Adj. Sess.), § 53.
§ 1188 § 1188. Seal
(a) Each licensee shall obtain a seal of a design authorized or approved by the board. The seal shall bear the licensee's name and the title "professional engineer."
(b) Plans, specifications, plats, and reports issued by a licensee shall be stamped with his or her seal and shall also be signed by the licensee.
(c) A person who affixes to a plan or other document the seal of another person shall be fined not more than $1,000.00 and imprisoned not more than 30 days, or both. (Added 1983, No. 188 (Adj. Sess.), § 2.)
§ 1191 § 1191. Grounds for denial, refusal; unprofessional conduct
(a) Unprofessional conduct is the conduct prohibited by this section, by 3 V.S.A. § 129a or by other statutes relating to engineering.
(b) Conduct by a professional engineer which evidences dishonesty or an unwillingness to protect the trust of engineering clients constitutes unprofessional conduct. When that conduct is by an applicant or person who later becomes an applicant, it may constitute grounds for denial of a license.
(c) Unprofessional conduct includes any of the following actions by a licensee:
(1) failing to make available, upon request of a person using engineering services, copies of documents in the possession or under the control of the licensee, when those documents have been prepared for and purchased by the user of services;
(2) signing or stamping a design or plan with which the engineer is not familiar, or negligently allowing use of the engineer's professional stamp on such a design or plan;
(3) failing to publicly display in the principal place of business a current license and renewal certificate;
(4) accepting and performing engineering responsibilities which the licensee knows or has reason to know that he or she is not competent to perform;
(5) making any material misrepresentation in the practice of engineering, whether by commission or omission;
(6) agreeing with any other person or organization, or subscribing to any code of ethics or organizational bylaws, when the intent or primary effect of that agreement, code, or bylaw is to restrict or limit the flow of information concerning alleged or suspected unprofessional conduct to the board;
(7) failing to adequately supervise employees who are engaged in the practice of professional engineering; or
(8) accepting and performing engineering responsibilities which are outside the scope of engineering specialties held by the licensee. (Added 1983, No. 188 (Adj. Sess.), § 2; amended 1989, No. 250 (Adj. Sess.), § 34; 1997, No. 145 (Adj. Sess.), § 37.)
§ 1192 § 1192. Discipline of licensees
(a) The board shall accept oral and written complaints from any member of the public, any licensee, any state or federal agency, or the attorney general. The board may initiate disciplinary action in any complaint against a licensee and may act without having received a complaint.
(b) The burden of proof shall be on the state to show by a preponderance of the evidence that the licensee has engaged in unprofessional conduct.
(c) After hearing, and upon a finding of unprofessional conduct, the board may:
(1) revoke a license; or
(2) suspend a license.
(d) Before or after hearing, the board may approve a negotiated agreement between the parties when it is in the best interest of the public health, safety, or welfare to do so. Such an agreement may include suspension of the respondent. The agreement may also include, without limitation, any of the following conditions or restrictions:
(1) a requirement that a licensee submit to care or counseling;
(2) a restriction that a licensee practice only under supervision of a named person or a person with specified credentials;
(3) a requirement that a licensee participate in continuing education in order to overcome specified practical deficiencies;
(4) a requirement that the scope of practice permitted be restricted to a specified extent.
(e) An agreement under subsection (d) of this section may be modified by the parties provided that any such modification shall be subject to the approval of the board.
(f) An interested party may petition the board for modification of the terms of an order under this section. (Added 1983, No. 188 (Adj. Sess.), § 2.)
§ 1193 § 1193. Fees; witnesses and sheriffs
Fees for the service of process and attendance before the board shall be the same as the fees paid sheriffs and witnesses in superior court. (Added 1983, No. 188 (Adj. Sess.), § 2.)
§ 1194 § 1194. Repealed. 1989, No. 250 (Adj. Sess.), § 92.