NEWS BULLETIN
Thirtieth Edition
May 2000
INTRODUCTION This News Bulletin is being distributed by the Idaho State Board of Registration of Professional Engineers and Professional Land Surveyors to inform the public and the State's Professional Engineers and Professional Land Surveyors of those events which significantly affect the professions. Future News Bulletins will be printed and distributed as the Board deems advisable.
"COMBINED" PE/LS LICENSE HOLDERS MAY RETIRE ONE OR THE OTHER LICENSE The Board has voted to allow license holders who have a "combined" PE/LS license, and who meet the requirements for Retired Status, to retire either the professional engineer portion or the professional land surveyor portion of their license and keep the other current. The requirements for Retired Status are that the registrant has reached the age of 65 (or are totally and permanently disabled) and are retiring from practice. Such a listing does not permit a registrant to engage in the practice of the profession for which the license is retired. The fee to be in Retired Status is currently $5.00 and the license can be reactivated to current status upon payment of a fee. Notification of this decision will be sent to all holders of "combined" licenses beginning with the July renewals.
CONTINUING EDUCATION REQUIRED OF PROFESSIONAL LAND SURVEYORS ONLY In response to numerous telephone calls to the Board office, registrants and certificate holders are reminded that Continuing Professional Development hours are required of Professional Land Surveyors only. Professional Engineers, Land Surveyors-in-Training, and Engineers-in-Training are not required to obtain continuing professional development hours. Please visit our home page at ipels.idaho.gov for the complete text of the rule requirements for PLS's.
LEGISLATURE AMENDS STATUTES The 2000 session of the Idaho Legislature considered and passed House Bill No. 390 which amended Title 54 Chapter 12 of the Idaho Code, the Engineers and Surveyors Registration Law. Many of the amendments were "housekeeping" in nature, in that they eliminated obsolete language or references or changed nomenclature. Some of the "substantive" changes include elimination of the requirement to publish a roster biennially (it is now available on the Internet and is updated approximately monthly); elimination of a separate certificate fee for those who pass an examination; conversion to biennial renewal from the current annual renewal, elimination of the issuance of temporary permits for the practice of engineering; and allowing the Board to extend the time during which it can conduct a hearing on a complaint.
RENEWALS TO BECOME BIENNIAL RATHER THAN ANNUAL One of the more significant changes in the licensing law that was amended by the recently adjourned session of the Legislature was the approval of biennial renewals for individual licenses and certificates. During State of Idaho Fiscal Year 2001 (July 1, 2000 to June 30, 2001), individuals born in an odd-numbered calendar year will renew for a two year period and those born in an even-numbered calendar year will renew for a one year period. After Fiscal Year 2001, all individual licenses and certificates will renew in biennial cycles. Individuals will only receive a renewal notice in even-numbered Fiscal Years if they were born in an even-numbered calendar year or in odd-numbered Fiscal Years if they were born in an odd-numbered calendar year. Details will be included in all renewals sent out during Fiscal Year 2001. Corporate Certificates of Authorization will continue to be renewed annually. The change was necessary to reduce the time spent processing renewals.
ADMINISTRATIVE RULE CHANGES Upon adjournment of the Legislature on April 5, 2000 several changes in the Board's Administrative Rules went into effect. Among the changes were specific requirements to establish equivalency of graduation from an approved engineering curriculum; specific requirements to be considered "exceptional" under the statute to qualify for waiver of the Fundamentals of Engineering examination; specific requirements for evaluation of foreign engineering degrees; and revision of the title of Executive Secretary to Executive Director as requested by the Governor. The new Administrative Rules can be found through a link on the Board Home Page at ipels.idaho.gov.
TWO-HOUR STATE SPECIFIC PROFESSIONAL LAND SURVEYOR EXAM NOW A TAKE-HOME Following discussions on license mobility and other issues, the Board voted recently to change the two-hour state specific professional land surveyor examination to a take-home format. The examination is over the laws and rules relating to the practice of land surveying that are unique to the State of Idaho and all professional land surveyors must pass it prior to being issued a license to practice. For a candidate who meets the education, experience and examination requirements of Idaho Code, it is often the last hurdle to overcome prior to their being able to begin practice in Idaho. The Board determined that the public would be well served by allowing the candidates to complete the examination at their convenience, rather than at scheduled or even mutually convenient times, as it has been in the past. In addition, the exam will be returned to the candidate upon completion so he or she will know which questions, if any, were answered incorrectly.
CHANGES IN THE PROFESSIONAL ENGINEER QUESTIONNAIRE For the last ten years or so, candidates for licensure as a professional engineer in Idaho have been required to complete a questionnaire over the statutes and rules relating to the practice of engineering in Idaho. Candidates are allowed to miss up to four of the 25 questions on the questionnaire and still receive a passing grade. In the past, the questionnaires were not returned, but in a recent move, the Board voted to return the questionnaires to those who pass it, thus assuring that they have the opportunity to see the correct answers. The Board believes this new procedure should avoid any misconceptions that candidates might have regarding any question that they answered incorrectly. Those failing to receive a passing grade on the questionnaire are required to resubmit it.
MORGAN W. "WOODY" RICHARDS RETURNS AS BOARD COUNSEL Woody Richards has been selected as Board Counsel after Steve Drake resigned and began employment with another law firm. Drake advised the Board during some difficult times and the Board expressed its appreciation for his nearly two years of dedication and thoughtful guidance. Richards preceded Drake as Board Counsel and the Board was told by Richards that the recent downturn in the stock market has guaranteed that Richards will not be retiring soon, thus assuring another multi-year tenure of his wise advice.
CHANGES IN THE PROFESSIONAL ENGINEER EXAMINATION FORMATS Examination formats for the professional engineer examinations have changed considerably since the days of all essay-type questions. Effective in October 2000, the Civil Engineering examination will be changed to the breadth/depth format. In this format there will be a 100% objectively-scored (multiple choice), no choice (there won't be a chance to choose which problems you work) morning portion that covers the breadth of civil engineering subject matters. The afternoon portion will consist of five modules that will cover the depth of a civil engineering topic to be chosen by the candidate. All modules will be 100% objectively scored (multiple choice). Effective April 2000, the Electrical Engineering examination will require use of the 1999 edition of the National Electrical Code for code-related questions. Effective October 2000, the Manufacturing Engineering examination will be in a 100% objectively scored no-choice format. Effective October 2000 the Mining/Mineral Engineering examination will be in a 100% objectively scored choice format. There will be sixteen problems. Each problem will consist of ten multiple choice questions. The candidate will work eight out of the sixteen problems. Examination specifications and other valuable information on the examinations is available on the Internet at the home page of the National Council of Examiners for Engineering and Surveying at www.ncees.org.
EXAMINATION REVIEWS AVAILABLE REGIONALLY Examinees who fail to attain a passing grade on any of the examinations administered by the Board will have the opportunity to review their examinations in Eastern Idaho, Northern Idaho, and the Magic Valley, as well as at the Board office in Boise. Board staff will make arrangements for those reviews, and an announcement of the schedule and location of the reviews will be sent to individuals who may want to take advantage of it. Those unable to attend the regional reviews will still be allowed to arrange for a mutually convenient time to review the exams at the Board office.
BOARD ISSUES OPINIONS ON COMPLIANCE WITH CORNER RECORD LAW AND "CERTIFICATE OF SURVEY" In response to a request for clarification, the Board issued an opinion that inclusion of the Instrument Numbers or filing date of corner records is adequate evidence of compliance with Idaho Code Chapter 16, Title 55, as required by Idaho Code §55-1906(2). The Board also issued an opinion that the requirement of a "Certificate of survey" contained in Idaho Code §55-1906(4) is met by placing the professional land surveyor seal, signature and date on the survey, since Idaho Code §54-1215(3)(c) states, in part, "The application of the registrant's seal, signature and date shall constitute certification that the work thereon was done by him or under his responsible charge."
BOARD ISSUES OPINION ON CORPORATION AND INDIVIDUAL RESPONSIBILITY FOR PAST WORK In response to an inquiry, the Board expressed its opinion that when a material error, discrepancy or omission is found in past work performed by an individual who worked for a corporation, both the corporation and the individual are responsible to address the problem. The Board noted that Idaho Code §54-1235 states, in part "No corporation shall be relieved of responsibility for the conduct or acts of its employees or officers by reason of its compliance with the provisions of this chapter, nor shall any individual practicing professional engineering or professional land surveying as defined in this chapter, be relieved of responsibility for engineering or land surveying services performed by reason of his employment or relationship with such corporation." The Board also noted that in most situations, the corporation has the records and history of the project and the individual has the personal recollection of the involvement.
DISCIPLINARY ACTIONS
The following actions on complaints have been taken by the Board since publication of NEWS BULLETIN No. 29 in October of 1999. In addition to those listed below, the Board received numerous complaints against individuals or companies who were inappropriately advertising under headings or names that could be interpreted to indicate that they were professional engineers or professional land surveyors, when in fact, they were not. The companies or individuals agreed to discontinue or revise the advertising or title.
DOCKET No. FY 00.13 DEAN W. BRIGGS, P.E., P.L.S. AND BRIGGS ENGINEERING, INC. Following an investigation, Briggs agreed to a STIPULATION AND CONSENT ORDER in which he admitted he was the engineer in responsible charge of professional engineering work performed for a client and he failed to place his seal, signature and date on the work product as required in Idaho Code §54-1215(3). Briggs was admonished by the Board and agreed to make restitution to the complainant in the matter.
DOCKET No. FY 98.35 GEORGE A. LOUCKS, P.L.S. Following an investigation, Loucks agreed to a STIPULATION AND CONSENT ORDER in which he acknowledged that original corners are those set by the General Land Office survey, not corners later established by subsequent section subdivisions, and that if subsequent section subdivisions are located by a surveyor in a manner contrary to that directed by the Manual of Surveying Instructions, U.S. Department of Interior, Bureau of Land Management (1973) and the Circular on Restoration of Lost or Obliterated Corners and Subdivision of Sections as promulgated by the U.S. Department of Interior, Bureau of Land Management, 1974, they are not to be honored. Loucks acknowledged that he will notify other surveyors of discoveries of material discrepancies in the future. He agreed to set a proper monument at a location in which he had set a monument that did not meet the requirements of Idaho Code §54-1227, and he agreed to send a letter of apology to a non-registrant to whom he had made indiscriminate criticisms of two professional land surveyors. Loucks paid an Administrative Penalty of $750, was reprimanded by the Board, and stipulated to participate to the fullest extent possible in arbitration regarding the location of two public land survey corners.