430-RICR-00-00-1
430-RICR-00-00-1. Rules and Regulations for Professional Engineering (version Amendment, 06/29/2018 to 07/01/2020)
1.1 Authority, Purpose and Scope
A. Authority: This Part is
promulgated in accordance with R.I. Gen. Laws §§ 5-8-3, 5-84-2 and
42-14-17 by the Board of Registration for Professional Engineers with
the approval of the Director of the Rhode Island Department of
Business Regulation. All actions of the Board as described in this
Part are subject to the approval of the Director of the Department of
Business Regulation pursuant to R.I. Gen. Laws §§ 5-8-3(b),
5-8-8(a)(1), 5-8-18(a),5-8-18(b), 5-84-5 and 5-84-6.
B. Purpose: The purpose of
this Part is to describe and administer the practices and procedures
of the Board, and to set forth the rules promulgated to enforce R.I.
Gen. Laws §§ 5-8-1 through 5-8-25 for the regulation of the
practice of engineering within the State.
C. Scope: This Part applies to
the licensing, regulation, and practice of engineering in Rhode
Island.
1.2 Definitions
A. In addition to the terms
defined in R.I. Gen. Laws § 5-8-2, for the purposes of this Part,
the following terms shall have the following meanings:
1. “ABET” means the
Accreditation Board for Engineering and Technology.
2. "Board" means the
State Board of Registration for Professional Engineers, established
by R.I. Gen. Laws § 5-8-1, or, when the context permits, to the
relevant Administration or personnel thereof.
3. “COA” means
Certificate of Authorization.
4. "Chairperson"
means the Chairperson of the Board, and when used in connection with
proceedings before the Board, the term shall include the hearing
officer conducting any hearing or prehearing for the Board.
5. “Department” means the
Department of Business Regulation.
6. “Director” means the
Director of the Department of Business Regulation.
7. “Division of Design
Professionals” means the administrative division of the Department
of Business Regulation comprised of the Board of Examination and
Registration of Architects, the Board of Examiners of Landscape
Architects, the Board of Registration for Professional Engineers, and
the Board of Registration for Professional Land Surveyors, in
accordance with R.I. Gen. Laws § 5-84-1 et seq.
8. “EAC” means the
Engineering Accreditation Commission, which is part of ABET.
9. “Engineer” means an
individual who is qualified to practice engineering by reason of
special knowledge and 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.
10. “Engineer intern”
means an individual who has been duly certified as an engineer intern
by the Board.
11. “FE exam” means the
Fundamentals of Engineering Exam administered by NCEES.
12. “Firm” means a
corporation, limited liability company, partnership, limited
liability partnership or sole proprietorship that practices or offers
to practice engineering as described by R.I. Gen. Laws § 5-8-24.
13. "In responsible
charge," as applied to the Professional Engineer, means a
Registrant of the Board who exerts direct control and personal
supervision over all activities associated with and defined as
engineering. An engineer in responsible charge must also exert and
have authority to supervise all such regulated activities by the firm
with whom he or she is employed or associated with.
14. “NCEES” means the
National Council of Examiners for Engineering and Surveying.
15. “Practice of
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, expert technical
testimony, evaluation, planning, design and design coordination of
engineering works and systems, teaching of advanced engineering
subjects, performing evaluation surveys and studies, and the review
and/or management of construction for the purpose of monitoring
and/or ensuring compliance with drawings and specifications; any of
which embraces such services or work, either public or private, in
connection with any utilities, structures, buildings, machines,
equipment, processes, work systems, projects, communication systems,
transportation systems, and industrial or consumer products, or
equipment of a control systems, communications, mechanical,
electrical, hydraulic, pneumatic, chemical, environmental, or thermal
nature, insofar as they involve safeguarding life, health, or
property, and including such other professional services as may be
necessary to the planning, progress, and completion of any
engineering services.
a. “Design coordination”
includes the review and coordination of those technical submissions
prepared by others, including as appropriate and without limitation,
consulting engineers, architects, landscape architects, surveyors,
and other professionals working under the direction of the engineer.
b. A person shall be construed
to practice or offer to practice engineering, within the meaning and
intent of these rules and regulations, who practices any discipline
or branch of the profession of engineering; or who, by verbal claim,
sign, advertisement, letterhead, card, or in any other way represents
the person to be a professional engineer, or through the use of some
other title implies that the individual is a professional engineer or
that the person is licensed or authorized under these rules and
regulations; or who holds the person out as able to perform, or who
does perform any engineering service or work or any other service
designated by the practitioner which is recognized as engineering.
16. “PE exam” means the
Principles and Practice of Engineering Exam administered by NCEES.
17. "Professional
engineer" means an individual who has been duly licensed as a
professional engineer by the Board. The board may designate a
professional engineer, on the basis of education, experience, and
examination, as being licensed in a specific discipline or branch of
engineering signifying the area in which the engineer has
demonstrated competence. "Professional Engineer" shall
also mean a person who, by reasons of the person's knowledge of
mathematics, the physical sciences, and the principles of
engineering, acquired by professional education and practical
experience is qualified to engage in engineering practice as defined
in R.I. Gen. Laws § 5-8-2(g).
18. "Registrant"
shall mean any person, corporation, partnership, sole proprietorship
or other legal entity holding a license or certificate issued by the
Board.
19. “Rules of procedure”
means the Department of Business Regulation’s Rules of Procedure
for Administrative Hearings, 230-RICR-10-00-2.
1.3 The Board of Registration for
Professional Engineers
A. In administering these
rules and regulations and formulating its procedures, the Board
recognizes three (3) fundamental obligations:
1. To respect the right to
means of a livelihood of any individual who has conscientiously and
properly prepared to practice Professional Engineering.
2. To protect the public, as
far as possible, within the limits of the rules and regulations from
such dangers, affecting life, health and property, as may arise from
the attempt of incompetent or unethical persons to practice this
profession.
3. All Engineers and
Engineers-In-Training shall conform to the Code of Ethics adopted by
this Board in their professional activities.
B. Board Appointments/Terms.
The Board shall elect or appoint annually at its stated meeting at
the location and time shown on the Board of Registration for
Professional Engineers' official website of each January the
following officers to serve for one year from date of such election
or appointment, a Chairperson, Vice-Chairperson, and a Secretary, all
of whom shall be members of the Board. Any Officers so elected shall
receive not less than three (3) affirmative votes.
1. Duties.
a. Chairperson. The
Chairperson shall, when present, preside at meetings and shall
appoint all committees. The Chairperson shall otherwise perform all
duties pertaining to the office of Chairperson and shall sign all
certificates, vouchers and other official documents.
b. Vice-Chairperson. The
Vice-Chairperson shall, in the absence or incapacity of the
Chairperson, exercise the duties and shall possess all the powers of
the Chairperson.
c. Secretary. The Secretary
shall sign all certificates and oversee the administrative
assistant’s duties.
d. The Board’s
Administrative Assistant. He/She shall, in coordination with the
Secretary, conduct and care for all correspondence in the name of the
Board and shall record and file all applications, certificates of
registration, examinations, registrations and revocations; be in
possession of the official seal and affix same to all official
documents upon order of the Chairperson and Board; keep a record of
all meetings, in the form approved by the Board; maintain a proper
account of all the business of the Board; The administrative
assistant shall prepare a roster showing the names and places of
business of all registered professional engineers and ensure their
listing on the Board’s website.
2. Vacancies. If for any
reason vacancies shall occur in the office of Chairperson,
Vice-Chairperson and/or Secretary, the Offices or Office shall be
filled by an election of the Board Members either at a regular stated
meeting or a special meeting called for that purpose. Any Officers
so elected shall receive not less than three (3) affirmative votes.
a. A quorum shall consist of
three (3) members.
b. At the same stated meeting
the Board may elect or appoint committees as listed below to serve
for one year or until his or her successor is elected.
(1) Executive Committee. The
Executive Committee may consist of three (3) members, of which the
Chairperson of the Board shall be Chairperson. Its duties shall be
to transact all business during the interval between meetings and to
make a report thereon to the Board at its next meeting.
(2) Finance Committee.
(3) Rules and Regulations
Committee. The Rules and Regulations Committee may consist of two (2)
members, and may from time to time consider and recommend to the
Board such modifications of the by-laws and rules and regulations
governing examinations, registrations and procedures as will give the
best operating results.
(4) Examinations Committee.
The committee on examinations shall consist of all members of the
Board. Their duties shall be to coordinate with the National Council
of Examiners for Engineering and Surveying on the nature and scope of
the examinations to be held by the Board and verify examination
scores.
(5) Information Committee. The
Committee on Information may consist of three (3) members, and its
duties shall be to recommend to the Board data for publication and
circulation setting forth the policy, purpose and principles of the
Board.
(6) Complaint Committee. The
Committee shall consist of one (1) member and he/she shall, with the
Secretary, screen all complaints and decide on the procedure for
their treatment. He/she shall, further, act as complaint officer for
such complaints as progress to that stage. The Board may appoint its
legal counsel to fulfill the purpose of this committee.
C. Board Qualifications.
Each professional engineer member of the Board shall be a citizen of
the United States and a resident of this jurisdiction. They shall
have been engaged in the lawful practice of engineering as a
professional engineer for at least twelve (12) years, shall have been
in responsible charge of engineering projects for at least five (5)
years, and shall be a licensed professional engineer in this
jurisdiction as required in R.I. Gen. Laws § 5-8-4.
D. Board Compensation,
Expenses. Pursuant to R.I. Gen. Laws § 5-8-5, the Chairperson and
each other member shall not be compensated for their service on the
Board but shall be reimbursed for all traveling, incidental, and
clerical expenses necessarily incurred in carrying out the provisions
of R.I. Gen. Laws § 5-8-1 et seq.
E. Board Organization and
Meetings.
1. Organization.
a. Offices. The offices of the
Board shall be at the location shown on the Board’s official
website.
b. Seal. The seal of the Board
shall be as follows: an embossed circular seal two and one-fourth
inches in diameter consisting of two concentric circles, the outer
circle to be two and one-eighth inches in diameter, the inner one to
be one and three-eighths in diameter and containing the great seal of
the State of Rhode Island, and the words "State of Rhode Island,
and the words "State Board of Registration for Professional
Engineers" below.
c. Fiscal Year. The fiscal
year of the Board shall end on June 30 of each year.
2. Meetings
a. Not less than six stated
regular meetings shall be held each year at the location and time
shown on the Board’s official website, unless otherwise specified
by notice. Special meetings may be called at any time by order of
the Chairperson or by a majority of Board members. Due notice of
special meeting shall be given to each member.
b. Roberts’ Rules of Order
shall govern the procedures of the Board except as otherwise provided
by the statutes or Rules and Regulations.
F. The Board shall prepare and
publish a "Code of Ethics" designed for the protection of
the public. It can be found below in § 1.8 of this Part.
G. Roster. A complete roster
showing the names, last known addresses, and license or certificate
number of all professional engineers, and firms holding a COA will be
published on the Board’s official website.
1.4 Licensure
A. General Requirements for
Licensure
1. It shall be unlawful for
any person to practice, or to offer to practice, engineering in this
State, or to use in connection with his or her name or otherwise
assume, or advertise any title or description tending to convey the
impression that he or she is an engineer unless that person has been
duly registered or exempted under the provisions R.I. Gen. Laws §
5-8-1 et seq.
2. In addition, pursuant to
the provisions of R.I. Gen. Laws §§ 5-8-2 and 5-8-24, "the
practice or offer to practice engineering" by a firm through
individuals is permitted provided that said individuals are:
a. In direct control of such
practice;
b. Exercise personal
supervision of all personnel who act in behalf of the firm and
professional and technical matters; and
c. Are registered under the
provisions of this chapter; and
d. That said firm has been
issued a COA by the Board pursuant to R.I. Gen. Laws § 5-8-24.
3. Any individual and/or firm
who submits a response to a request for proposals (“RFP”), or any
other bidding method which requires the performance of any
engineering work or services, shall be construed to be offering to
practice engineering in this State.
B. Engineers in Responsible
Charge - Duties
1. A Professional Engineer in
responsible charge shall be required to stamp any and all drawings,
reports, documents, specifications, plats or other submissions which
are required to be stamped by that firm. The engineer in responsible
charge shall also be held professionally accountable for the accuracy
and correctness of any such documents submitted as well as for the
quality and professionalism of the work performed.
2. A Professional Engineer
designated as being in responsible charge shall have the authority to
approved or disapprove on behalf of the firm any and all activities
associated with the regulated profession and such decisions and/or
determinations by that individual may not be overturned or altered by
any other person or persons associated with that firm except with the
approval of the engineer in responsible charge. No registered person
or persons may be designated as being in responsible charge of
engineering work by any firm, corporation, partnership or sole
proprietorship unless and until such time as such designation is done
in writing signed by the person in responsible charge.
3. Upon the termination of any
designation as in responsible charge, the Registrant must notify the
Board within ten (10) days in writing of his termination from the
position of being in responsible charge. Until said notice is
received, the designated individual shall remain in responsible
charge and shall be held accountable for the work performed by that
firm, partnership, or sole proprietorship.
C. Application and Fees
1. Any person desiring to
practice Professional Engineering in the State of Rhode Island shall
apply to the Board for a certificate of Registration and shall submit
evidence of his or her qualifications to the Board on forms furnished
by the Board, and, upon the approval of the Board, will be issued a
certificate as a Professional Engineer.
2. Professional Engineers and
any other person or entity registered under the laws of the State of
Rhode Island are requested to keep their certificates of registration
issued by the Board posted conspicuously in their principal place of
business, where the public can examine said certificate.
3. Professional Engineers
under this these rules and regulations are expected to practice
within their area of competence. This requires that all applicants
declare their appropriate engineering discipline of competence and
practice. The Board will issue Certificates of Registration to those
applicants who demonstrate qualifications acceptable to the Board,
for a specific discipline. These disciplines are as follows:
a. Civil
b. Structural
c. Electrical
d. Fire Protection
e. Mechanical
f. Chemical
g. Environmental
D. Pursuant to R.I. Gen. Laws
§ 5-8-14(d) any party aggrieved by the Board’s decision regarding
license issuance or renewal may, within ten (10) days of the
decision, appeal the matter to the Director by submitting a written
request for a formal hearing to be conducted consistent with the
provisions of R.I. Gen. Laws §§ 5-8-18 and 42-35-9, and the Rules
of Procedure, 230-RICR-10-00-2.
1.5 Licensees - Application for
Registration as a Professional Engineer and for Certification as an
Engineer in Training
A. Applications for
Registrations as a Professional Engineer and certification as an
Engineer-In-Training shall be made on forms furnished by the Board.
1. Application for
certification as an Engineer-In-Training shall, in approval, admit
the applicant to examination, the passage of which shall entitle the
applicant to a certificate as an Engineer-In-Training.
B. Classes of Applicants. Each
applicant shall designate the classification in the following
schedule of minimum requirements, under which he or she makes
application.
1. Professional Engineer
a. By endorsement without
further examination. Acceptable evidence of registration in good
standing by comparable written examination in another State,
territory or possession of the United States, the District of
Columbia, or of any foreign country and/or a certificate of
qualification from the NCEES showing the applicant to have
qualifications meeting the requirements of the statutes, as defined
in R.I. Gen. Laws § 5-8-11(1)(a). All such applicants shall be
required to verify such information furnished to the Board in a form
satisfactory and approved by the Board.
b. By graduation, experience
and examination. Graduates of engineering schools in an ABET/EAC
approved four-year engineering curriculum, with, at the time of
application, four years of active engineering practice under the
oversight of a professional engineer, licensed in the discipline for
which the applicant is applying, and indicating experience of a grade
and character satisfactory to the Board and passing an NCEES
examination in the fundamentals of engineering and passing an NCEES
examination in the principles and practice of engineering, as defined
in R.I. Gen. Laws § 5-8-11(1)(b).
c. Graduates of engineering
schools in an ABET/EAC approved four-year engineering curriculum,
with, at the time of application, twelve (12) years or more of active
engineering practice under the oversight of a professional engineer,
licensed in the discipline for which the applicant is applying, and
indicating experience of a grade and character, satisfactory to the
Board, and passing an NCEES examination in the Principles and
Practice of Engineering, as defined in R.I. Gen. Laws §
5-8-11(1)(b). In order to satisfy the requirements of this
provision, the applicant must demonstrate that for each of the twelve
(12) years submitted for experience purposes that the applicant was
directly employed within the engineering profession and was
principally employed in the engineering profession during each of the
years submitted.
d. Graduates with a Bachelor’s
degree in a science, mathematics, or engineering technology
curriculum and an MS Degree in engineering from a college or
university that is an ABET/EAC accredited institution for their BS
Degree programs with, at the time of application, six (6) years of
active engineering practice under the oversight of a professional
engineer, licensed in the discipline for which the applicant is
applying, and indicating experience of a grade and character
satisfactory to the Board and passing an NCEES examination in the
fundamentals of engineering and passing an NCEES examination in the
principles and practice of engineering.
C. Submission of Applications
1. Registrants in this Board
shall be subject to the following interpretations of registration
laws in regard to this Board acting upon individual applications and
renewals.
a. Each person shall be
required to submit applications or renewal applications in a timely
fashion in accordance with the schedules established by the Board.
Individuals who fail to submit applications for registration or
renewals in accordance with the deadlines established by the Board
shall be considered to have not complied with the terms and
conditions of their license or license application. In the event
that the Board shall make such a determination, individuals who were
previously registered shall be prohibited from the practice of
engineering until such time as the Board has reviewed and accepted
their application or renewal of their license.
b. Any individual who shall
engage in the practice of engineering while in an unregistered status
shall be determined to be in willful violation of the registration
laws of the State of Rhode Island and shall be dealt with
accordingly. Any person who shall submit or stamp documents during a
period when said person is not registered shall be considered to be
in willful violation of the registration laws of the State of Rhode
Island and shall be subject to being denied registration or denied
renewal of past registrations for said actions.
c. Every applicant for
registration or a COA, or a renewal thereof, shall be responsible for
the accuracy and correctness of the information contained on the
application. The Board will not alter any application nor will the
Board accept any verbal changes in any application before the Board.
Each applicant must review his/her application carefully and, if
changes are to be made, they must be made by the applicant in
writing.
D. It is the policy of the
Board to not review with any applicant any examination administered
to applicants.
E. Board Policy on the Number
of Times an Applicant May Be Allowed to Take the FE or PE Exam.
1. A qualified applicant will
be allowed to take the FE or PE Exam in a specific discipline a total
of three (3) times. This would be an aggregate total regardless of
where or when the exam was taken.
2. An applicant who has failed
the FE exam or the PE exam three (3) times in a discipline, may
request permission to take the exam for an additional time, if before
each additional exam attempted, they agree to complete an appropriate
Board approved review course or advanced engineering courses in areas
of their discipline and submit written proof to the Board of having
successfully completed such course or courses.
F. Certificates of Licensure,
Seals
1. Each Professional Engineer
hereunder may upon registration obtain a stamp/seal of the design
indicated below, bearing the Registrants name, serial number and the
legend, “Registered Professional Engineer.” Final drawings,
plats, and reports prepared by a Registrant shall, when issued, be
signed and stamped with the said stamp/seal or facsimile thereof.
2. Electronic Signatures. The
Board allows electronic signatures and/or seals on plans submitted to
government agencies, such as municipalities and state agencies that
accept electronic documentation and electronic signatures and seals
as allowed by the Uniform Electronic Transactions Act adopted under
R.I. Gen. Laws § 42-127.1-1, et seq. It is incumbent on the
Professional Engineer to ensure their electronic signatures and seals
are properly encoded to avoid misuse by other than the licensed
engineer.
G. Expirations, Renewals and
Reinstatement to Active Practice
1. Certificates of licensure
shall expire on the last day of the month of June in the odd years
following their issuance and shall become invalid after that date
unless renewed. It shall be the duty of the Board to notify every
individual licensed under this Part of the date of the expiration of
the certificate of licensure and the amount of the fee required for
its renewal. Such notice shall be mailed to the licensee at their
last known address at least one (1) month in advance of the date of
the expiration of the certificate.
2. Renewal may be affected at
any time prior to or during the month of June by payment of a fee as
established by regulation of the Board. Renewal of an expired
certificate may be affected under rules promulgated by the Board
regarding requirements for re-examination and penalty fees.
H. Issuance of Duplicate
Certificates. A duplicate certificate of licensure or enrollment
document to replace any certificate or card lost, destroyed, or
mutilated may be issued subject to the rules of the Board. A fee
established by regulation shall be paid for each issuance.
I. Retirement Status.
1. Any Professional Engineer
who currently holds a registration issued by the Board that is active
and in good standing and who has attained the age of sixty-five (65)
may request that his/her registration be placed in retirement status,
provided that he/she is not actively engaged in the Practice of
Engineering and has submitted an application for retirement status in
a form prescribed by the Board along with payment of a biennial fee
in the amount of $20 and any other information or documents required
by the Board. A renewal application along with the biennial $20 fee
shall be submitted to the Board every two years.
2. A Professional Engineer
Registrant in retirement status may restore his/her active
registration to engage in the Practice of Engineering by submitting
to the Board a renewal application in a form prescribed by the Board
along with payment of the current renewal fee for the registration
and any other information or documents required by the Board.
3. Professional Engineer
Registrants in retirement status may not offer to engage or engage in
the Practice of Engineering, or sign or seal or permit the
registrant’s seal or signature to be affixed to any plans,
drawings, reports or other documents while their retirement status is
in effect. Professional Engineers Registrants in retirement status
shall be entitled to use the professional engineer designation in
their signature title in correspondence, business cards and other
documents, provided they must also include reference to their
retirement status as follows “PE (retired”) or “Professional
Engineer (retired)”.
1.6 Disciplinary Action
A. Grounds for Disciplinary
Action—Licensees
1. Pursuant to R.I. Gen. Laws
§ 5-8-18(a) the Board shall have the power to recommend suspension,
revocation, placement on probation, imposition of a fine, recovery of
costs, and/or reprimand, or refusal of the issuance, restoration, or
renewal of a license or intern certification to any licensee that is
found to have engaged in:
a. Any fraud or deceit in
obtaining or attempting to obtain or renew a certificate of
licensure.
b. Any negligence,
incompetence, or misconduct in the practice of engineering.
c. Conviction of or entry of a
plea of guilty or nolo contendere to any crime that is a felony,
whether or not related to the practice of engineering; and conviction
of or entry of a plea of guilty or nolo contendere to any crime,
whether a felony, misdemeanor, or otherwise, an essential element of
which is dishonesty or which is directly related to the practice of
engineering.
d. Failure to comply with any
of the provisions of these rules and regulations or any of the rules
or regulations of the Board.
e. Discipline by another
jurisdiction, foreign country, or the United States government, if at
least one of the grounds for discipline is the same or substantially
equivalent to those contained in these rules and regulations.
f. Failure to provide
information requested by the Board as a result of a formal or
informal complaint to the Board which alleges a violation of these
rules and regulations.
g. Knowingly making false
statements or signing false statements, certifications, or affidavits
in connection with the practice of engineering.
h. Aiding or assisting another
person in violating any provision of these Laws or the rules or
regulations of the Board.
i. Violating any term of
probation imposed by the Board or using a seal or practicing
engineering while the licensee’s license is inactive or restricted.
j. Signing, affixing, or
permitting the licensee’s seal or signature to be affixed to any
specifications, reports, drawings, plans, plats, design information,
construction documents or calculations, surveys, or revisions thereof
which have not been prepared by the licensee or under the licensee’s
responsible charge.
k. Engaging in dishonorable,
unethical, or unprofessional conduct of a character likely to
deceive, defraud, or harm the public.
l. Providing false testimony
or information to the Board.
m. Providing engineering
services outside any of the licensee’s areas of competence.
2. In addition to or in lieu
of any other sanction provided in this Part, any licensee or intern
that violates a provision of any rule or regulation of the Board may
be assessed a fine in an amount determined by the Board of not more
than the amount specified in accordance with the current applicable
statute, R.I. Gen. Laws § 5-8-18 for each offense or R.I. Gen. Laws
§ 5-84-5.
a. Each day of continued
violation may constitute a separate offense.
b. In determining the amount
of fine to be assessed pursuant to this Part, the Board may consider
such factors as the following:
(1) Whether the amount imposed
will be a substantial economic deterrent to the violation;
(2) The circumstances leading
to the violation;
(3) The severity of the
violation and the risk of harm to the public;
(4) The economic benefits
gained by the violator as a result of non-compliance; and/or,
(5) The interest of the
public.
B. Disciplinary Action
Procedures—Licensees
1. Any person or entity,
including the Board itself, may file a complaint alleging a violation
of any provision of the rules or regulations of the Board against any
licensee or against any intern.
2. A complaint shall be in
writing and state specifically the facts on which the complaint is
based.
a. Complaints shall be
submitted using the complaint form as indicated on the Board’s
official website.
3. All complaints shall be
reviewed by the Board or an investigative committee designated by the
Board. After review, the Board or the investigative committee shall
recommend, as appropriate, if charges are warranted.
4. All charges, unless
dismissed by the Board as unfounded, trivial, or unless settled
informally, shall be heard by the Department. The time and place for
the hearing shall be fixed by the Department, and a copy of the
charges, together with a notice of the time and place of hearing,
shall be personally served on or mailed to the last known address of
such accused individual at least 30 days before the date fixed for
the hearing. At any hearing, the accused individual shall have the
right to appear in person or by counsel, or both, to cross-examine
witnesses in their defense and to produce evidence and witnesses in
their defense. If the accused individual fails or refuses to appear
at the hearing, the Department may proceed to hear and determine the
validity of the charges in the accused individual’s absence. All
hearings shall be conducted pursuant to the Rules of Procedure,
230-RICR-10-00-2 and R.I. Gen. Laws § 42-35-1, et seq.
5. A licensee or intern
aggrieved by any action of the Department in levying a fine;
recovering costs; reprimanding; placing on probation; denying;
suspending; refusing to issue, restore, or renew; or revoking a
license or intern certification may appeal the Board’s decision to
the proper court pursuant to R.I. Gen. Laws § 42-35-14 and the Rules
of Procedure, §§ 230-RICR-10-00-2.19 and 2.20.
6. Any financial sanction
assessed pursuant to § 1.6 of this Part shall be assessed in a
proceeding as provided in this § 1.6 of this Part. Unless the amount
of the penalty is paid within thirty (30) days after the order
becomes final, the order shall constitute a judgment and shall be
filed and execution issued thereon in the same manner as any other
judgment of a court of record.
7. An action to enforce an
order under this § 1.6 of this Part may be combined with an action
for an injunction.
8. The Board may, upon
petition of a licensee or intern, reissue a license or intern
certification that has been revoked by the Department, provided that
a majority of the Board votes in favor of such reissuance.
a. In the event that any
individual or firm shall have his license revoked or not renewed for
cause, said person shall not be permitted to reapply for registration
for a period of not less than five (5) years. Upon re-application,
it shall be the burden of the applicant to demonstrate by clear and
convincing evidence that sufficient grounds exist to support the
applicant's request for registration. The Board may modify this rule
on a case by case basis when a license has been "not renewed"
due to a license suspension of less than five (5) years duration.
C. Grounds for Disciplinary
Action—Unlicensed Individuals
1. Pursuant to R.I. Gen. Laws
§ 5-8-20(c) in addition to any other provisions of law, the Board
shall have the power to fine pursuant to R.I. Gen. Laws § 5-84-5 and
recover costs pursuant to R.I. Gen. Laws § 5-8-18(a)(7) from any
unlicensed individual who is found guilty of:
a. Engaging in the practice or
offer to practice of engineering in this jurisdiction without being
licensed in accordance with the provisions of this Part.
b. Using or employing the
words “engineer,” “engineering,” or any modification or
derivative thereof in his or her name or form of business activity
except as licensed in this Part
c. Presenting or attempting to
use the certificate of licensure or seal of a professional engineer.
d. Engaging in any fraud or
deceit in obtaining or attempting to obtain a certificate of
licensure or intern certification.
e. Impersonating any
professional engineer.
f. Using or attempting to use
an expired, suspended, revoked, inactive, retired, or non-existent
certificate of licensure.
2. A fine assessed under this
Part may not exceed fees determined in the amount specified in
accordance with the R.I. Gen. Laws § 5-84-5 as applicable, and/or
modified by the Department for each offense. No further requirements
shall be necessary to assess or modify the fine.
3. Each day of continued
violation may constitute a separate offense.
4. In determining the amount
of fine to be assessed and recommended pursuant to this Part, the
Board may consider such factors as the following:
a. Whether the amount imposed
will be a substantial economic deterrent to the violation;
b. The circumstances leading
to the violation;
c. The severity of the
violation and the risk of harm to the public;
d. The economic benefits
gained by the violator as a result of non-compliance; and/or,
e. The interest of the public.
D. Disciplinary Action
Procedures—Unlicensed Individuals
1. Any person or entity,
including the Board itself, may file a complaint alleging a violation
of any provision of the rules or regulations of the Board against any
unlicensed individual.
2. A complaint shall be in
writing and state specifically the facts on which the complaint is
based.
3. All complaints shall be
reviewed by the Board or an investigative committee designated by the
Board. After review, the Board or the investigative committee shall
determine or recommend, as appropriate, if charges are warranted.
4. All charges, unless
dismissed by the Board as unfounded, trivial, or unless settled
informally, shall be heard by the Department. The time and place for
the hearing shall be fixed by the Department, and a copy of the
charges, together with a notice of the time and place of hearing,
shall be personally served on or mailed to the last known address of
such accused individual at least 30 days before the date fixed for
the hearing. At any hearing, the accused individual shall have the
right to appear in person or by counsel, or both, to cross-examine
witnesses in their defense and to produce evidence and witnesses in
their defense. If the accused individual fails or refuses to appear
at the hearing, the Board may proceed to hear and determine the
validity of the charges in the accused individual’s absence. All
hearings shall be conducted pursuant to the Rules of Procedure,
230-RICR-10-00-2.
5. If after such hearing a
majority of the Board votes in favor of sustaining the charges, the
Department shall impose a fine for this unlicensed activity in
accordance with R.I. Gen. Laws § 5-84-5 for each count and recover
costs from the accused individual.
6. An individual aggrieved by
any action of the Department in levying a fine or recovering costs
may appeal the Department’s decision to the proper court pursuant
to R.I. Gen. Laws § 42-35-14 and the Rules of Procedure, §§
230-RICR-10-00-2.19 and 2.20.
7. Any financial sanction
assessed pursuant to this Part shall be assessed in a proceeding as
provided for in this Part. Unless the amount of the penalty is paid
within 30 days after the order becomes final, the order shall
constitute a judgment and shall be filed and execution issued thereon
in the same manner as any other judgment of a court of record.
8. An action to enforce an
order under this Part may be combined with an action for an
injunction.
E. Grounds for Disciplinary
Action—Firms Holding a COA
1. Pursuant to R.I. Gen. Laws
§ 5-8-18(a) the Board shall have the power to recommend suspension,
revocation, placement on probation, imposition of a fine, recovery of
costs, and/or a reprimand, or refusal of the issuance of, restoration
of, or renewal of a COA to any firm holding a COA that is found to
have engaged in:
a. Any fraud or deceit in
obtaining or attempting to obtain or renew a COA.
b. Any negligence,
incompetence, or misconduct in the practice of engineering.
c. Conviction of or entry of a
plea of guilty or nolo contendere to any crime that is a felony,
whether or not related to the practice of engineering; and conviction
of or entry of a plea of guilty or nolo contendere to any crime,
whether a felony, misdemeanor, or otherwise, an essential element of
which is dishonesty or which is directly related to the practice of
engineering.
d. Failure to comply with any
of the provisions of this Act or any of the rules or regulations of
the Board.
e. Discipline by another
jurisdiction, foreign country, or the United States government, if at
least one of the grounds for discipline is the same or substantially
equivalent to those contained in these rules and regulations.
f. Failure to provide
information requested by the Board as a result of a formal or
informal complaint to the Board which alleges a violation of these
rules and regulations.
g. Knowingly making false
statements or signing false statements, certifications, or affidavits
in connection with the practice of engineering.
h. Aiding or assisting another
person in violating any provision of the Law or the rules or
regulations of the Board.
i. Violating any terms of
probation imposed by the Board or using a seal or practicing
engineering while the firm’s COA is inactive or restricted.
j. Engaging in dishonorable,
unethical, or unprofessional conduct of a character likely to
deceive, defraud, or harm the public.
k. Providing false testimony
or information to the Board.
2. In addition to or in lieu
of any other sanction provided in this Part, any firm holding a COA
that violates a provision of the Law or any rule or regulation of the
Board may be assessed a fine in an amount determined by the Board of
not more than the amount specified in accordance with the R.I. Gen.
Laws §§ 5-8-18 and/or 5-84-5, as applicable.
a. Each day of continued
violation may constitute a separate offense.
b. In determining the amount
of fine to be assessed pursuant to this Part, the Board may consider
such factors as the following:
(1) Whether the amount imposed
will be a substantial economic determent to the violation;
(2) The circumstances leading
to the violation;
(3) The severity of the
violation and the risk of harm to the public;
(4) The economic benefits
gained by the violator as a result of non-compliance; and/or,
(5) The interest of the
public.
c. In addition to any other
sanction provided in this Part, the Board shall have the power to
sanction as follows any firm where one or more of its managing
agents, officers, directors, owners, or managers have been found to
have engaged in any conduct which would constitute a violation under
the provisions of the Law or any of the rules or regulations of the
Board:
(1) Place on probation, fine,
recover costs from, and/or reprimand;
(2) Revoke, suspend, or refuse
to issue, restore, or renew the COA.
F. Disciplinary Action
Procedures—Firms Holding a COA
1. Any person or entity,
including the Board itself, may file a complaint alleging a violation
of any provision of this Part or any of the rules or regulations of
the Board against any firm holding a COA.
2. A complaint shall be in
writing and state specifically the facts on which the complaint is
based.
3. All complaints shall be
reviewed by the Board or an investigative committee designated by the
Board. After review, the Board or the investigative committee shall
determine or recommend, as appropriate, if charges are warranted.
4. All charges, unless
dismissed by the Board as unfounded, trivial, or unless settled
informally, shall be heard by the Department. The time and place for
the hearing shall be fixed by the Department, and a copy of the
charges, together with a notice of the time and place of hearing,
shall be personally served on or mailed to the last known address of
such accused firm at least thirty (30) days before the date fixed for
the hearing. At any hearing, the accused firm and the accused firm’s
managing agent shall have the right to appear in person or by
counsel, or both, to cross-examine witnesses in the accused firm’s
defense and to produce evidence and witnesses in the accused firm’s
defense. If the accused firm fails or refuses to appear at the
hearing, the Department may proceed to hear and determine the
validity of the charges in the accused firm’s absence.
5. If after such hearing a
majority of the Board votes in favor of sustaining the charges, the
Board shall reprimand, fine in an amount not to exceed the amount
specified in accordance with the current applicable statute, R.I.
Gen. Laws § 5-8-18 for each count, recover costs, refuse to issue,
restore or renew, place on probation for a period of time, and
subject to such conditions as the Department may specify, suspend,
revoke, or any combination thereof, the accused firm’s COA. All
hearings shall be conducted pursuant to Rules of Procedure,
230-RICR-10-00-2.
6. A firm aggrieved by any
action of the Department in levying a fine; recovering costs;
reprimanding; placing on probation; denying; suspending, refusing to
issue, restore, or renew; or revoking a firm COA may appeal the
Department’s decision to the proper court pursuant to R.I. Gen.
Laws § 42-35-15 and the Rules of Procedure, §§ 230-RICR-10-00-2.19
and 2.20.
7. Any financial sanction
assessed pursuant to § 1.6 of this Part shall be assessed in a
proceeding as provided for in this Part. Unless the amount of the
penalty is paid within thirty (30) days after the order becomes
final, the order shall constitute a judgment and shall be filed and
execution issued thereon in the same manner as any other judgment of
a court of record.
8. An action to enforce an
order under this Part may be combined with an action for an
injunction.
9. The Department may, upon
petition of a firm to reissue a firm COA that has been revoked by the
Department, provided that a majority of the Board votes in favor of
such reissuance.
G. Grounds for Disciplinary
Action—Firms Not Holding a COA
1. Pursuant to R.I. Gen. Laws
§ 5-8-20(c) in addition to any other provisions of law, the Board
shall have the power to fine pursuant to R.I. Gen. Laws § 5-84-5 and
recover costs pursuant to R.I. Gen. Laws § 5-8-18(a)(7) from any
firm that does not hold a COA and that is found guilty of:
a. Engaging in the practice or
offer to practice of engineering or surveying in this jurisdiction
without being authorized in accordance with the provisions of these
rules and regulations;
b. Using or employing the
words “engineer,” “engineering,” or any modification or
derivative thereof in its name or form of business activity except as
authorized in these rules and regulations;
c. Presenting or attempting to
use an unauthorized COA;
d. Engaging in any fraud or
deceit in obtaining or attempting to obtain a COA;
e. Impersonating any firm
holding a COA; and/or,
f. Using or attempting to use
an expired, suspended, revoked, inactive, retired, or non-existent
COA.
2. A fine assessed under this
Part may not exceed the amount specified in accordance with the
current applicable statutes, R.I. Gen. Laws §§ 5-8-18(a) and/or
5-84-5 for each offense.
3. Each day of continued
violation may constitute a separate offense.
4. In determining the amount
of fine to be assessed pursuant to this Part, the Board may consider
such factors as the following:
a. Whether the amount imposed
will be a substantial economic deterrent to the violation;
b. The circumstances leading
to the violation;
c. The severity of the
violation and the risk of harm to the public;
d. The economic benefits
gained by the violator as a result of non-compliance; and/or,
e. The interest of the public.
5. In addition to any other
sanction provided in this Part, the Board shall have the power to
recommend fines and recovery of costs from any firm where one or more
of its managing agents, officers, directors, owners, or managers have
been found of any conduct which would constitute a violation under
the provisions of this Part or any of the rules or regulations of the
Board.
H. Disciplinary Action
Procedures—Firms Not Holding a COA
1. Any person or entity,
including the board itself, may file a complaint alleging a violation
of any provision of this Act or any of the rules or regulations of
the board against any firm that does not hold a COA.
2. A complaint shall be in
writing and state specifically the facts on which the complaint is
based.
3. All complaints shall be
reviewed by the Board or an investigative committee designated by the
Board. After review, the Board or the investigative committee shall
determine or recommend, as appropriate, if charges are warranted.
4. All charges, unless
dismissed by the Board as unfounded, trivial, or unless settled
informally, shall be heard by the Board. The time and place for the
hearing shall be fixed by the board, and a copy of the charges,
together with a notice of the time and place of hearing, shall be
personally served on or mailed to the last known address of such
accused firm at least 30 days before the date fixed for the hearing.
At any hearing, the accused firm shall have the right to appear in
person or by counsel, or both, to cross-examine witnesses in its
defense and to produce evidence and witnesses in its defense. If the
accused firm fails or refuses to appear at the hearing, the Board may
proceed to hear and determine the validity of the charges in the
accused firm’s absence.
5. If after such hearing a
majority of the Board votes in favor of sustaining the charges, the
Board shall fine in an amount not to exceed the amount specified in
accordance with the current applicable statute, R.I. Gen. Laws §
5-8-18 for each count and recover costs from the accused firm.
6. A firm aggrieved by any
action of the Board in levying a fine or recovering costs may appeal
the Board’s decision to the proper court pursuant to R.I. Gen. Laws
§ 42-35-15 and the Rules of Procedure, §§ 230-RICR-10-00-2.19 and
2.20.
7. Any financial sanction
assessed pursuant to this Part shall be assessed in a proceeding as
provided for in this Part. Unless the amount of the penalty is paid
within thirty (30) days after the order becomes final, the order
shall constitute a judgment and shall be filed and execution issued
thereon in the same manner as any other judgment of a court of
record.
8. An action to enforce an
order under this Part may be combined with an action for an
injunction.
I. All disciplinary actions
taken by the Board will be published on the Board’s website in
order to ensure that the public is fully informed as to the identity
of the Registrant and nature of the disciplinary action taken by the
Board. In addition, the Board shall cause the individuals to be
notified in writing of any disciplinary action and furnish to those
individuals copies of any notice of discipline taken by the Board.
J. Individuals who are
suspended or revoked from the practice of engineering shall have
their name removed from the list of licensed engineers on the Board’s
website for the duration of the suspension or permanently when
revoked.
1.7 Certificates of Authorization
(“COA”) for Firms
A. General Requirements for
COAs.
1. Pursuant to R.I. Gen. Laws
§ 5-8-1, et seq., any Firm who practices or offers to practice
engineering within the State of Rhode Island must obtain a COA to do
so prior to practicing or offering to practice engineering in this
State. That COA is issued by this Board after application and review
by the Board.
2. Firms which have one (1)
person employed by the firm (regardless of the official title of that
position i.e. secretary, engineer, etc.), may be eligible for a
waiver of the fee assessed for a COA if that person is in responsible
charge. The decision to grant such "waiver" will be made
by the Board after application and review by the Board.
3. Each firm which obtains a
COA must designate one or more engineers registered in the State of
Rhode Island as being in responsible charge of all engineering work.
The failure to so designate an engineer shall result in denial of the
application.
4. Individual registrations
are intended to allow Professional Engineers who are not acting under
the control, supervision, or authority of a "firm" to
practice engineering within the State of Rhode Island. As an
individual Registrant, this Board will ascribe personal liability to
the work product of that engineer and will not substitute the name of
any corporation, partnership and/or sole proprietorship for that of
the individual engineer. The obtaining of an individual registration
as a Professional Engineer in this State does not entitle a person to
a COA for a corporation, partnership or sole proprietorship
automatically. A COA must be applied for and obtained from this
Board.
5. Regardless of the type of
registration or certificate obtained from this Board, no person or
firm may practice or offer to practice engineering in the State of
Rhode Island without proper authorization from this Board. The
practice of engineering in this State is defined by R.I. Gen. Laws §
5-8-1, et seq. and is strictly applied by this Board. No person or
firm may practice or offer to practice engineering in this State
under the "agency" of another person or firm unless full
and complete compliance with Rhode Island General Laws has been
obtained.
B. Expirations and Renewals
1. Certificates of
authorization for firms shall expire on the last day of the month of
June in the even years following their issuance and shall become
invalid after that date unless renewed. It shall be the duty of the
Board to notify every firm holding a COA under this Part of the date
of the expiration of the COA and the amount of the fee required for
its renewal. Such notice shall be mailed to the firm at its last
known address at least one (1) month in advance of the date of the
expiration of the certificate.
2. Renewal may be affected at
any time prior to or during the month of June by payment of a fee as
established by regulation of the Board. Renewal of an expired
certificate may be affected under rules promulgated by the Board
regarding requirements for penalty fees.
C. Issuance of Duplicate
Certificates. A duplicate COA to replace any certificate lost,
destroyed, or mutilated may be issued subject to the rules of the
Board. A fee established by regulation shall be paid for each
issuance.
1.8 Rules of Professional Conduct
- Code of Ethics
A. The purpose of this Code of
Ethics is to safeguard life, health, and property, to promote the
public welfare, and to maintain a high standard of integrity and
practice.
B. These rules shall be
binding on every person holding a certificate of registration as a
Professional Engineer and on all partnerships, sole proprietorships,
corporations or other legal entities authorized to offer or perform
engineering services in this State. All Registrants under the Rhode
Island statute are required to be familiar with the registration
statute and these rules. The "Rules of Professional Conduct"
delineate specific obligations the Registrant must meet. In
addition, each Registrant is charged with the responsibility of
adhering to standards of the highest ethical and moral conduct in all
aspects of the practice of professional engineering.
1. All Registrants shall
perform their services only in the areas of their competence
according to current standards of technical competence.
2. Registrants shall recognize
their responsibility to the public and shall represent themselves
before the public only in an objective and truthful manner.
3. Registrants shall avoid
conflicts of interest and faithfully serve the legitimate interests
of their clients, employers, and customers within the limits defined
by these rules. Registrants’ professional reputation shall be
built on the merit of their services and they shall not compete
unfairly with others.
4. The "Rules of
Professional Conduct" as promulgated in this Part are enforced
under the powers granted to the Board under R.I. Gen. Laws § 5-8-1,
et seq.
C. Obligations to Society
1. Registrants, in the
performance of their services for clients, employers, and customers,
shall be cognizant that their first and foremost responsibility is to
the public welfare.
2. Registrants shall approve
and seal only those design documents that conform to accepted
engineering standards and safeguard the life, health, property, and
welfare of the public.
3. The application of a
professional engineer seal shall indicate that the engineer has
exercised direct control and personal supervision over the work to
which the seal is affixed. Therefore, no Registrant shall affix a
name, seal or certification to a plat, drawing, design, specification
or other work constituting the practice of engineering which has been
prepared by an unlicensed or uncertified person or firm unless such
work was performed under the direct control and personal supervision
of the engineer. If the engineer is unable to seal completed
professional engineering work, such work may be sealed by another
registered engineer after thorough review and verification that the
work has been accomplished to the same extent that would have been
exercised if the work had been done under the direct control and
personal supervision of the Registrant affixing the professional
seal.
4. A principal or authorized
licensed or certified employee shall apply a seal to final and
complete cover sheets of plans, drawings, plats, technical reports
and specification and to each original sheet of plans, drawing or
plats, prepared by the engineer or someone under his or her direct
control and personal supervision.
a. All seal imprints on final
documents shall bear an original signature and date.
b. Incomplete plans, documents
and sketches, whether advance or preliminary copies, must be so
identified and need not be sealed or signed.
c. All plans, drawings or
plats prepared by the Registrant shall bear the Registrants name or
firm name, address and project name.
d. Application of the seal and
signature indicates acceptance of responsibility by the Registrant
sealing said documents for all work shown thereon unless clearly
indicated in writing on each sheet.
e. The failure to conform to
these requirements shall constitute the failure to seal a document.
5. Registrants shall notify
their client or employer and such other authority as may be
appropriate when their professional judgment is overruled under
circumstances where life, health, property, or welfare of the public
is endangered. Such notification shall be in writing when and where
practicable.
6. Registrants shall be
objective and truthful in professional reports, statements, or
testimony. They shall include all relevant and pertinent information
in such reports, statements, or testimony.
7. Registrants shall express a
professional opinion publicly only when it is founded upon an
adequate knowledge of the facts and a competent evaluation of the
subject matter.
8. Registrants shall issue no
statements, criticisms, or arguments on technical matters which are
inspired or paid for by interested parties, unless they explicitly
identify the interested parties on whose behalf they are speaking,
and reveal any interest they have in the matters.
9. Registrants shall not
permit the use of their name or firm name by, nor associate in
business ventures with, any person or firm which is engaging in
fraudulent or dishonest business practices.
10. Registrants having
knowledge of possible violations of any of these "Rules of
Professional Conduct" must provide the Board with the
information necessary for the Board to render a final determination
of the propriety of the conduct of any Registrant.
11. Registrants shall, upon
request or demand, produce to the Board, or any of its agents, any
plan, drawing, document, book, record or copy thereof in his
possession concerning a transaction covered by these rules and shall
cooperate in the investigation of a complaint filed with the Board
against another Registrant.
D. Obligations to Clients or
Employer
1. Registrants shall undertake
assignments only when qualified by education or experience in the
specific technical fields of engineering involved. Registrants are
not to be restricted to one discipline, rather, as Professional
Engineers they are to practice in their fields of competence,
provided however, that in the event this Board shall issue
registration and/or licenses in a specific area of practice, no
person/firm and/or Registrant shall practice in that area unless
registered to do so by this Board.
2. Registrants shall not affix
their signatures or seals to any drawings or documents dealing with
subject matter in which they lack competence, nor to any such drawing
or document not prepared under their direct control and personal
supervision.
3. Registrants may accept
assignments, as the prime design professional, to oversee and to
coordinate an entire project, provided that each design segment is
signed and sealed by the registrant or individual responsible for
preparation of that design segment.
4. Professional Engineers in
their capacity as the prime design professional will oversee and
coordinate the work of other design professionals embracing those
services or work in connection with any public or private utilities,
structures, buildings, machines, equipment, processes, work, or
projects wherein the public welfare or the safeguarding of life,
health, or property is involved or concerned.
5. Registrants shall not
reveal facts, data, or information obtained in a professional
capacity without the prior consent of the client or employer except
as authorized or required by law.
6. Registrants shall not
solicit or accept financial or other valuable considerations,
directly or indirectly, from contractors, their agents, or other
parties in connection with work for clients or employers.
7. Registrants shall make full
prior disclosures to their clients or employers of potential
conflicts of interest or other circumstances which could influence or
appear to influence their judgment or the quality of their service.
8. Registrants shall not
accept compensation, financial or otherwise, from more than one party
for services pertaining to the same project, unless the circumstances
are fully disclosed and agreed to by all interested parties.
9. Registrants shall not
solicit or accept a professional contract from a government body on
which a principal or officer of their organization serves as a
member. Conversely, Registrants serving as members, advisors, or
employees of a governmental body or department, who are the
principals or employees of private concern, shall not participate in
decisions with respect to professional services offered or provided
by said concern to the governmental body which they serve.
10. Registrants shall not
participate in bribery in the course of soliciting, maintaining, or
increasing work.
E. Obligations to Other
Registrants
1. Registrants shall not
falsify or permit misrepresentation of their or their associates',
academic or professional qualifications. They shall not misrepresent
or exaggerate their degree of responsibility in prior assignments or
the complexity of said assignments. Presentations incident to the
solicitation of employment or business shall not misrepresent
pertinent facts concerning employers, employees, associates, joint
ventures or past accomplishments.
2. Registrants shall not
offer, give, solicit, or receive, either directly or indirectly, any
commission or gift, or other valuable consideration in order to
secure work, and shall not make any political contribution with the
intent to influence the award of a contract by a public authority.
3. Registrants shall not
attempt to injure, maliciously or falsely, directly or indirectly,
the professional reputation, prospects, practice or employment of
other Registrants, nor indiscriminately criticize other Registrants’
work.
4. Registrants shall not
knowingly use the design, drawings or work of another design
professional without the original design professional's knowledge and
consent. In the event the consent has been obtained, a thorough
review of the design, drawings or work of the design professional
will be assumed.
5. Registrants shall be in
good standing in every jurisdiction where registered or where engaged
in the practice of engineering.
6. Applicants for registration
with the Board shall be in good standing in every jurisdiction where
licensed or certified and shall not have had a license or certificate
suspended, revoked or surrendered in connection with a disciplinary
action. Any person or firm applying for registration in this State
shall fully set forth the facts, dates and circumstances of any prior
investigation and/or disciplinary action by any other jurisdiction.
The failure to do so shall constitute sufficient grounds for denial
of any application submitted to this Board.
1.9 Miscellaneous
A. Public Works
1. Any jurisdiction, county,
or local government agencies or authorities, or officials or
employees thereof, shall not engage in the practice of engineering or
surveying involving either public or private property without the
project being under the responsible charge of a professional engineer
for engineering projects or a professional surveyor for surveying
projects, as provided for the practice of the respective professions
by these regulations.
2. Engineered Products and
Systems. Licensed engineers shall be in responsible charge of all
engineering design of buildings, structures, products, machines,
processes, and systems that can affect the health, safety, and
welfare of the public.
B. Public Information
1. Public records may be made
by written request to the Board pursuant to R.I. Gen. Laws § 38-2-1
et seq. and 230-RICR-10-00-1, the Department of Business Regulation’s
rules for Access to Public Records.
2. Petitions for Rulemaking,
Amendment or Repeal
a. Any interested person may
petition the Board requesting the promulgation, amendment, or repeal
of any rule.
b. Where the petition requests
the promulgation of rule, the requested or proposed rule must be set
out in full. The petition must also include all the reasons for the
requested rule together with briefs of any applicable law. Where the
petition requests the amendment or repeal of a rule presently in
effect, the rule or portion of the rule in question must be set out
as well as a suggested amended form if any. The petition must
include all reasons for the requested amendment or repeal of the
rule.
c. All petitions shall be
considered by the Board and the Board may, in its discretion, order a
hearing for the further consideration and discussion of the requested
promulgation, amendment, repeal, or modification of any rule.
d. Declaratory Rulings -
Pursuant to R.I. Gen. Laws § 42-35-8 and 230-RICR-10-00-3, the
Department of Business Regulation’s rules for Declaratory Rulings
and Petitions (“Declaratory Rulings”), the Board will accept
requests from any person or Entity for advisory opinions or
declaratory rulings on the Practice of Engineering.
e. Application for Temporary
Permit. It is the policy of the Rhode Island Board of Registration
for Professional Engineers to not issue a temporary permit to
practice or offer to practice engineering in the State of Rhode
Island.
C. Invalid Provisions. If any
of the provisions of these rules and regulations or if any rule,
regulation, or order of the Board or if the application of such
provision to any person or circumstance shall be held invalid, the
remainder of these rules and regulations and the application of such
provision of these rules and regulations or such rule, regulation, or
order to persons or circumstances, other than those as to which it is
held invalid, shall not be affected thereby.