63 Pa. Stat. § 151

Current through Pa Acts 2024-53, 2024-56 through 2024-111

Section 151 - General powers of board

The board shall have power--

(a) Approval of Engineering, Surveying and Geology Curricula.--To investigate and to approve or disapprove engineering, surveying and geology curricula of this State, and other states, territories and countries for the education of students desiring to be licensed to engage in the practice of engineering, land surveying or geology, and to revoke or suspend approvals where they are no longer deemed proper.

(b) Licensing Professional Engineers, Professional Land Surveyors and Professional Geologists.--To provide for and to regulate the licensing, and to license to engage in the practice of engineering, land surveying or geology any person of good moral character and repute who speaks and writes the English language, if such person either--

(1) Holds an unexpired license or certificate of registration issued to him by proper authority of some other state, foreign country or territory of the United States in which the requirements and qualifications to engage in the practice of engineering, land surveying or geology were at the time of the initial issuance of such license or certificate of registration at least equal to the existing standards of this Commonwealth: Provided, however, That such other state, territory or foreign country shall similarly license or register professional engineers, professional land surveyors or professional geologists licensed and registered in this Commonwealth. A person may be licensed under this subsection without examination.

(2) In relation to engineers and surveyors, holds a certificate of qualifications issued by the National Bureau of Engineering Registration of the National Council of Examiners for Engineering and Surveying: Provided, The requirements and qualifications of said bodies to engage in the practice of engineering or land surveying are at least equal to the standards of this Commonwealth. A person may be licensed under this subsection without examination.

In carrying into effect clauses (1) and (2) of subsection (b) of this section in relation to engineers and surveyors the board may in its discretion enter into agreements for reciprocity with the National Council of Examiners for Engineering and Surveying and with states under such rules and regulations as the board may prescribe.

(3) Complies with the education and experience criteria and successfully completes the two-examination process for licensing as a professional engineer, as set forth in section 4.2, or as a professional land surveyor, as set forth in section 4.3 or the examination process for licensing as a professional geologist as set forth in section 4.4.

(c) Investigations of Applications; Determination of Competency of Applicants.--To investigate the allegations contained in any application for licensure or certification under this act in order to determine the truth of such allegations and to determine the competency of any person applying for licensure to assume responsible charge of the work involved in the practice of engineering, land surveying or geology, such competency to be determined by the grade and character of the engineering work, the grade and character of the land surveying work or the grade and character of geologic work actually performed. In relation to engineers and surveyors, the mere execution as a contractor of work designed by a professional engineer, or the supervision of the construction of such work as a foreman or superintendent, or the operation or maintenance of machinery or equipment, or work performed as a salesman of engineering equipment or apparatus, shall not be deemed to be active practice in engineering, unless such work has involved the actual practice of engineering. Engineering and land surveying work, performed under the supervision of a professional engineer or land surveyor, respectively, shall be given full credit. Whenever the board determines otherwise than by examination, that an applicant has not produced sufficient evidence to show that he is competent to be placed in responsible charge and shall refuse to examine or to license such applicant, it shall set forth in writing its findings and the reasons for its conclusions and furnish a copy thereof to the applicant.

(d) Examinations; Fees.--To prescribe the subjects, manner, time and place of examinations for licenses as professional engineers, professional land surveyors and professional geologists and for certificates for engineers-in-training, geologists-in-training and surveyors-in-training, and the filing of applications for such examinations, and to prepare or provide for the preparation of such examinations, conduct or provide for the conduct of such examinations, to make written reports of such examinations, which reports shall be preserved for a period of not less than three years, to collect such fees for such examinations, and for licenses and certificates issued without examination, as may be fixed according to law, and to issue licenses and certificates to such persons as successfully pass such examinations.

(e) Biennial Registrations; Fees.--To provide for, regulate and require all persons licensed in accordance with the provisions of this act and all persons licensed and registered under prior laws of this Commonwealth, relating to the licensing of professional engineers and professional land surveyors, to register biennially with the board, to prescribe the form of such registration, after consultation with the Commissioner of Professional and Occupational Affairs and the payment of such biennial registration fee, as shall be fixed according to law, to issue biennial registration to such persons and to suspend or revoke the license or registration of such persons as fail, refuse or neglect to so register, or pay such fee within such time as the board shall prescribe by its rules and regulations, and to reinstate licenses and registrations of persons who shall thereafter pay such registration fees in accordance with the rules and regulations of the board.

(f) Roster of Registrants.--To keep a roster showing the names and addresses of professional engineers, professional land surveyors and professional geologists licensed under this act, and under prior laws, and registered by the board, which roster shall be published in booklet form by the board following each biennial renewal. Copies of the roster shall be furnished upon request to each registered or certified person and may be furnished to other persons upon such terms as the board shall prescribe: Provided, however, That copies of the roster shall be furnished to the Planning Commission and the prothonotary of each county in the Commonwealth.

(g)Suspension and Revocation of Licenses; Registrations and Certificates; Reinstatements.--To suspend or revoke the license and registration of any professional engineer, professional land surveyor or professional geologist or the certificate of any engineer intern, geologist-in-training or surveyor-in-training, who is found guilty by the board, by a majority vote of all its members, of the practice of any fraud, deceit or misrepresentation in obtaining his license, certification or registration, or of gross negligence, incompetency or misconduct in the practice of engineering, in the practice of land surveying or in the practice of geology, or of violation of the code of ethics of the engineering profession, and to reinstate suspended licenses, registrations and certificates in any cases where a majority of all the members of the board shall determine the same to be just and proper. Unless ordered to do so by a court, the board shall not reinstate the license, certificate or registration of a person to practice as a professional engineer, professional land surveyor, professional geologist or an engineer intern, geologist-in-training or a surveyor-in-training which has been revoked, and the person is required to apply for a license, certificate or registration after a period of five years in accordance with section 2 if the person desires to practice at any time after such revocation. The board shall require a person whose license or registration has been suspended or revoked to return the license or registration in such manner as the board directs. Failure to do so shall be a misdemeanor of the third degree. Misconduct in the practice of engineering, land surveying or geology shall include, but not be limited to conviction for a criminal offense such as extortion, bribery or fraud or entry of a plea of nolo contendere to a charge thereof for conduct relating to the practice of engineering, land surveying or geology, or has violated any provision of this act or any regulation promulgated by the board. For the purposes of this subsection, the code of ethics is as follows:

It shall be considered unprofessional and inconsistent with honorable and dignified bearing for a person who is a professional engineer, professional land surveyor or professional geologist:

(1) To act for the person's client or employer in professional matters otherwise than as a faithful agent or trustee, or to accept any remuneration other than the person's stated recompense for services rendered.

(2) To attempt to injure falsely or maliciously, directly or indirectly, the professional reputation, prospects or business of anyone.

(3) To attempt to supplant another engineer, land surveyor or geologist after definite steps have been taken toward the other's employment.

(4) To compete with another engineer, land surveyor or geologist for employment by the use of unethical practices.

(5) To review the work of another engineer, land surveyor or geologist for the same client, except with the knowledge of that engineer, land surveyor or geologist, or unless the connection of that engineer, land surveyor or geologist with the work has terminated.

(6) To attempt to obtain or render technical services or assistance without fair and just compensation commensurate with the services rendered: Provided, however, the donation of the services to a civic, charitable, religious or eleemosynary organization shall not be deemed a violation.

(7) To advertise in self-laudatory language, or in any other manner, derogatory to the dignity of the profession.

(8) To attempt to practice in any field of engineering, land surveying or geology in which the registrant is not proficient.

(9) To use or permit the use of the person's professional seal on work over which the person was not in responsible charge.

(10) To aid or abet any person in the practice of engineering, land surveying or geology not in accordance with the provision of this act or prior laws.

The board shall appoint, with the approval of the Governor, such hearing examiners as shall be necessary to conduct hearings as may be required under this subsection.

The board shall have the power to adopt and promulgate rules and regulations setting forth the functions, powers, standards and duties to be followed by the hearing examiners.

The hearing examiners shall have the power to conduct hearings in accordance with the regulations of the board, and to issue subpoenas requiring the attendance and testimony of individuals or the production of, pertinent books, records, documents and papers by persons whom they believe to have information relevant to any matter pending before the examiner. The examiner shall also have the power to administer oaths.

The hearing examiner shall hear evidence submitted and arguments of counsel, if any, with reasonable dispatch, and shall promptly record his decision, supported by findings of fact, and a copy thereof shall immediately be sent to the board and to counsel of record, or the parties, if not represented.

If application for review is made to the board within twenty days from the date of any decision made as a result of a hearing held by a hearing examiner, the board shall review the evidence, and if deemed advisable by the board, hear argument and additional evidence. As soon as practicable, the board shall make a decision and shall file the same with its finding of the facts on which it is based and send a copy thereof to each of the parties in dispute.

(h) Financial Requirements of Board.--

(1) To submit annually to the Department of State an estimate of the financial requirements of the board for its administrative, investigative, legal and miscellaneous expenses.

(2) To submit annually to the House and Senate Appropriations Committees, fifteen days after the Governor has submitted his budget to the General Assembly, a copy of the budget request for the upcoming fiscal year which the board previously submitted to the department.

(i) Administration and Enforcement of Laws.--To administer and enforce the laws of the Commonwealth relating to the practice of engineering, land surveying and geology, and to instruct and require its agents to bring prosecutions for unauthorized and unlawful practices.

(j) Minutes and Records.--To keep minutes and records of all its transactions and proceedings. Copies thereof duly certified by the secretary of the board shall be received in evidence in all courts and elsewhere.

(k) Member of National Council of Examiners for Engineering and Surveying; Dues.--To become a member of the National Council of Examiners for Engineering and Surveying, and to pay such dues as said council shall establish, and to send delegates to the annual meeting of said council, and to defray their expenses.

(l) Administrative Rules and Regulations.--To adopt, promulgate and enforce such administrative rules and regulations, not inconsistent with this act, as are deemed necessary and proper by the board to carry into effect the powers conferred by this act, which shall include establishing requirements for continuing education to be fulfilled by individuals licensed and registered under this act. The rules and regulations shall include any fees necessary for the board to carry out its responsibilities regarding establishing continuing education requirements.

(m) Status of Complaints.--The board shall submit annually a report to the Professional Licensure Committee of the House of Representatives and to the Consumer Protection and Professional Licensure Committee of the Senate a description of the types of complaints received, status of cases, board action which has been taken and the length of time from the initial complaint to final board resolution.

(n) Member of National Association of State Boards of Geology; Dues.--To become a member of the National Association of State Boards of Geology, to pay dues as the association shall establish, to send delegates to the annual meeting of the association and to defray their expenses.

63 P.S. § 151

Amended by P.L. (number not assigned at time of publication) 2024 No. 32,§ 2, eff. 8/27/2024.

1945, May 23, P.L. 913, § 4, effective 6/30/1946. Amended 1959, Dec. 17, P.L. 1885, §§ 1, 2; 1967, Nov. 24, P.L. 548, No. 270, § 2; 1967, Dec. 14, P.L. 842, No. 365, §1; 1979 , Dec. 13, P.L. 534, No. 120, § 3, effective in 60 days; 1982, June 25, P.L. 633, No. 181, § 14, effective 3/1/1983; 1983 , Dec. 22, P.L. 348, No. 87, § 1, effective 1/1/1984; 1990, Dec. 19, P.L. 782, No. 192, § 5, effective in 60 days; 1992, Dec. 16, P.L. 1151, No. 151, § 3, effective in 60 days; 2006, Nov. 29, P.L. 1534, No. 170, §1, effective in 60 days [ 1/29/2007]; 2010, May 12, P.L. 192, No. 25, §2, effective in 60 days [ 7/12/2010].