250 CMR, § 2.09

Current through Register 1533, October 25, 2024
Section 2.09 - Definitions

For the purposes of 250 CMR, the following terms shall have the specified meanings:

(1)General Definitions.

ABET is the acronym meaning Accreditation Board for Engineering and Technology.

Accreditation is the process used to evaluate a college's engineering or technology program for compliance with minimum standards.

Advisory Ruling is a ruling of the Board issued under the process by which any interested person or their attorney can request an opinion by the Board.

Application Classification is the set of requirements for registration as an engineer or land surveyor in the Commonwealth of Massachusetts per M.G.L. c. 112, § 81J.

Board is the Massachusetts Board of Registration of Professional Engineers and Professional Land Surveyors.

Business Entity is any sole proprietorship, partnership, corporation, association, limited liability company, limited liability partnership, or other organization or entity, whether for-profit or not-for-profit, which provides or offers to provide engineering or land surveying services, either exclusively or in combination with goods or other types of services.

Certificate of Registration means the biennial certificate issued by the Board under M.G.L. c. 112, § 81M to a person who has met the requirements to practice as a Professional Engineer or Professional Land Surveyor as set forth in M.G.L. c. 112, §§ 81D through 81T, and is prima facie evidence that the person named therein is entitled to all the rights and privileges of a Professional Engineer or Professional Land Surveyor while the certificate is in force. Certificate of Registration is used interchangeably with the words License and Registration.

CMR is the acronym meaning Code of Massachusetts Regulations.

Comity Registration is a process whereby out-of-state registrants/licensees are considered for registration in Massachusetts.

Direct Charge and Supervision defined in 250 CMR 5.04.

Direct Responsibility, Checking and Supervision cited by M.G.L. c. 112, § 81R(d) is synonymous with Direct Charge and Supervision.

Direct Supervision is synonymous with Direct Charge and Supervision.

Division is the Division of Professional Licensure.

Equivalency Appraisal is the process of evaluating education from non-ABET approved college programs, such as a foreign degree or non-ABET engineering degrees, for compliance with the Board's educational requirements.

Fixed-works are those structures and their attachments which are generally considered to be fixed to the earth's surface.

Immediate and Responsible Direction as cited by M.G.L. c. 112, § 81P(c) is a component of Direct Charge and Supervision as described in 250 CMR 5.04.

Instrument of Service is any document or medium memorializing the professional service or creative work of engineering or land surveying involving the special education, training, and experience of the nature required for registration as a Professional Engineer or Professional Land Surveyor.

Jurisdiction is a state or territory of the United States that licenses engineers or licenses land surveyors via NCEES examination.

Licensesee definition of Certificate of Registration.

M.G.L. is an acronym for Massachusetts General Law(s).

NCEES is the acronym for National Council of Examiners for Engineering and Surveying.

NCEES Record is a centralized file certified by the NCEES of an individual's qualifications related to registration matters, which can be electronically transmitted to Jurisdictions where Comity Registration is sought.

Order to Show Cause is a written mandate that a party respond to formal charges and give reasons, legal and/or factual (show cause), why a particular action should not be taken under 801 CMR 1.01: Formal Rules.

Reference Questionnaire is the form established by the Board used to substantiate an applicant's Work Experience by persons familiar with the applicant's work and character.

Registrant is a person who has, to the satisfaction of the Board, met the minimum requirements to practice engineering or land surveying in the Commonwealth of Massachusetts, who has been added to the Commonwealth's roster of Professional Engineers or Professional Land Surveyors and who holds a current Certificate of Registration. Registrant is used interchangeably with the word Licensee.

Registrant-in-charge is the Registrant required for a Business Entity in 250 CMR 5.05: Business Entities and M.G.L. c. 112, § 81R(f).

Resident is one who maintains his or her legal domicile in the Commonwealth of Massachusetts at the date that application is made for registration.

Responsible Charge is experience of a grade and character associated with significant engineering or land surveying endeavors that demonstrates the necessary skills and judgment to perform work of a professional nature and direct others in such endeavors, including the application of standards and applicable laws.

Signature is either the traditional handwritten Signature which is visible on the face of the document or an encrypted digital Signature that complies with 250 CMR 5.03(11).

Temporary Permit is the written permission granted to practice in the Commonwealth of Massachusetts on a temporary basis.

Work Experience is one of the statutory requirements for registration imposed by the Board. It must meet certain minimum standards, regarding duration, quality, supervision, and Responsible Charge as set forth in 250 CMR 3.00: The Registration Process.

Work ProductseeInstrument of Service.

(2)Engineering Definitions.

Branch is the discipline or area of expertise within professional engineering practice.

EIT is the acronym for Engineer-in-training.

Engineer-in-training means a person who has qualified for, taken, and passed the NCEES FE Exam examination and who is certified by the Board as meeting the requirements of M.G.L. c. 112, § 81J(3)(a) or (b).

FE Exam (also known as the Fundamentals of Engineering exam) is the first of two NCEES exams used to test one's basic qualifications for engineering registration, usually taken during or shortly after college.

Licensed Branch is the Branch of engineering identified on a Professional Engineer's Certificate of Registration and listed on the Board's registration roster.

PE is the acronym for Professional Engineer.

PE Exam (also known as the Principles and Practice of Engineering exam) is the second of two NCEES exams used to test one's qualifications for engineering registration and is taken after the completion of one's minimum required formal education and after a minimum number of years of experience. This exam is Branch specific and tests one's knowledge based upon both education and experience.

Practice of Engineeringsee M.G.L. c. 112, § 81D: Definitions.

Professional Engineer means a person who has been duly registered as an Engineer by the Massachusetts Board of Registration of Professional Engineers and Professional Land Surveyors and who holds a current License to practice.

(3)Land Surveying Definitions.

Boundary is a legal demarcation between real property title or rights and includes but is not limited to proposed or existing property lines, Regulatory Lines, lease lines, easement lines, Jurisdictional Lines.

Calibration is the process of comparing the magnitude of measurements made with a device to that of measurements of known (standardized) magnitudes of such that corrections can be made for the device's systematic errors and that the device will consistently produce reliable results over a range of measuring conditions.

Control is the network of points and lines that form the framework for determining the relationship between indirectly observed points comprising the basis of a survey.

Evidence consists of almost any object, action, or verbal statement, either oral or written, used to define/retrace a Boundary.

FS Exam (also known as the Fundamentals of Surveying exam) is the first of two NCEES exams used to test one's qualifications for surveying registration, usually taken during or shortly after college.

Jurisdictional Lines are lines that define political divisions such as state, county or town lines.

Jurisprudence Exam is the portion of the Principles and Practice examination prepared and corrected by the Board that tests a land surveying applicant's knowledge of Massachusetts specific laws, rules and regulations.

Laws of Evidence is a collection of the general rules and principles regulating the admissibility, relevancy, weight and sufficiency of Evidence in legal proceedings as established either by statutory law or by case law, as they pertain to the practice of land surveying. In the practice of land surveying, Rules of Evidence and Boundary Law are often used synonymously with Laws of Evidence.

Operative Document is the source document that has authority under the Laws of Evidence to establish a line, e.g., senior deed, court decision, legislative act.

Original Lines are lines created by the Operative Document affecting real property.

Outbounds are the outermost Boundary lines or perimeter Boundary lines.

PLS is the acronym for Professional Land Surveyor.

Practice of Land Surveyingsee M.G.L. c. 112, § 81D: Definitions.

Professional Land Surveyor shall mean a person who has been duly registered as a Land Surveyor by the Massachusetts Board of Registration for Professional Engineers and Professional Land Surveyors and who holds a current License to practice.

PS Exam (also known as the Principles and Practice of Surveying exam) is the second of two exams used to test one's qualifications for surveying registration, comprised of an NCEES exam and a Board prepared jurisprudence exam, and is taken after the completion of one's minimum required formal education and after a minimum number of years of experience.

Regulatory Lines are lines defined by governmental action affecting real property rights.

SIT is the acronym for Surveyor-in-training.

Surveyor-in-training means a person who has qualified for, taken and passed, the NCEES FS Exam, and is certified by the Board as meeting the requirements of M.G.L. c. 112, §§ 81J(3)(c) or (d).

250 CMR, § 2.09

Amended by Mass Register Issue 1332, eff. 2/10/2017.