Section 438 - Waiver of Fundamentals Examination(a) An applicant for licensure as a professional engineer whose qualifications meet all requirements of the code and rules of the Board will be allowed to appear for only the second division of the written examination prescribed by Section 6755 of the Code if he or she meets one or more of the following requirements: (1) Holds valid licensure as a professional engineer in another branch in California.(2) Holds valid certification as an engineer-in-training in another state obtained by passing a written examination in which the content of the examination is designed to test the candidate's knowledge of fundamental engineering subjects, including mathematics and the basic sciences.(3) Is a graduate of an approved engineering curriculum and submits satisfactory evidence to the Board that he or she has fifteen (15) years or more of additional engineering work experience satisfactory to the Board that has been gained in addition to graduation, or any other education experience, and while performing engineering tasks under the direction of a person legally authorized to practice in an applicant's branch of engineering.(4) Is a graduate of a non-approved engineering curriculum or an approved engineering technology curriculum and submits satisfactory evidence to the Board that he or she has seventeen (17) years or more of additional engineering work experience satisfactory to the Board that has been gained in addition to graduation, or any other education experience, and while performing engineering tasks under the direction of a person legally authorized to practice in an applicant's branch of engineering.(5) Is a graduate of an approved engineering curriculum and an approved post-graduate engineering curriculum and submits satisfactory evidence to the Board that he or she has fourteen (14) years or more of additional engineering work experience satisfactory to the Board that has been gained in addition to graduation, or any other education experience, and while performing engineering tasks under the direction of a person legally authorized to practice in an applicant's branch of engineering.(6) Is a graduate of a nonapproved engineering curriculum or an approved engineering technology curriculum and an approved postgraduate engineering curriculum and submits satisfactory evidence to the Board that he or she has fourteen (14) years or more of additional engineering work experience satisfactory to the Board that has been gained in addition to graduation, or any other education experience, and while performing engineering tasks under the direction of a person legally authorized to practice in an applicant's branch of engineering.(7) Is the holder of an earned doctorate in engineering from a department or program at a university or college where the undergraduate engineering curriculum in the same branch of engineering is an approved engineering curriculum; or is serving in a tenure-track faculty position in an approved engineering curriculum at the level of Assistant Professor or higher.(b) An applicant for licensure as a land surveyor whose qualifications meet all requirements of the code and rules of the Board will be allowed to appear for only the second division of the written examination prescribed by Section 8741 of the Code if he or she meets one or more of the following requirements: (1) Holds valid licensure as a professional civil engineer in California.(2) Holds valid certification as a land surveyor-in-training in another state obtained by passing a written examination in which the content of the examination is designed to test the candidate's knowledge of fundamentals of land surveying subjects, including mathematics and the basic sciences.(3) Is a graduate of an approved land surveying curriculum and submits satisfactory evidence to the Board that he or she has fifteen (15) years or more of additional land surveying work experience satisfactory to the Board that has been gained in addition to graduation, or any other education experience, and while performing land surveying tasks under the direction of a person legally authorized to practice land surveying.(4) Is a graduate of a non-approved land surveying curriculum and submits satisfactory evidence to the Board that he or she has seventeen (17) years or more of additional land surveying work experience satisfactory to the Board that has been gained in addition to graduation, or any other education experience, and while performing land surveying tasks under the direction of a person legally authorized to practice in land surveying.(5) Is a graduate of an approved land surveying curriculum and an approved post-graduate land surveying curriculum and submits satisfactory evidence to the Board that he or she has fourteen (14) years or more of additional land surveying work experience satisfactory to the Board that has been gained in addition to graduation, or any other education experience, and while performing land surveying tasks under the direction of a person legally authorized to practice in land surveying.(6) Is a graduate of a non-approved land surveying curriculum and an approved post-graduate land surveying curriculum and submits satisfactory evidence to the Board that he or she has sixteen (16) years or more of additional land surveying work experience satisfactory to the Board that has been gained in addition to graduation, or any other education experience, and while performing land surveying tasks under the direction of a person legally authorized to practice in land surveying.(c) An applicant for a California certification as an engineer-in-training or a land surveyor-in-training who holds valid certification in another state obtained as in (a)(2) or (b)(2) above may be issued a California certificate.Cal. Code Regs. Tit. 16, § 438
1. Amendment filed 7-27-73; effective thirtieth day thereafter (Register 73, No. 30). For prior history, see Register 71, No. 29.
2. Amendment filed 1-15-82; effective thirtieth day thereafter (Register 82, No. 3).
3. Amendment filed 8-10-83; effective thirtieth day thereafter (Register 83, No. 33).
4. New subsection (a)(5) filed 12-5-94; operative 1-4-95 (Register 94, No. 49).
5. Change without regulatory effect amending subsection (b) filed 7-7-97 pursuant to section 100, title 1, California Code of Regulations (Register 97, No. 28).
6. Change without regulatory effect amending section and NOTE filed 4-19-99 pursuant to section 100, title 1, California Code of Regulations (Register 99, No. 17).
7. Repealer of subsection (a)(5) and amendment of subsection (b)(1) filed 1-25-2001; operative 2-24-2001 (Register 2001, No. 4).
8. Amendment of subsections (a)(3)-(4), new subsections (a)(5)-(6), amendment of subsections (b)(3)-(4) and new subsections (b)(5)-(6) filed 9-9-2002; operative 10-9-2002 (Register 2002, No. 37).
9. Change without regulatory effect amending section filed 7-2-2004 pursuant to section 100, title 1, California Code of Regulations (Register 2004, No. 27).
10. Amendment of subsections (a)(4)-(6), new subsection (a)(7) and amendment of subsections (b)(4)-(6) filed 4-11-2011; operative 5-11-2011 (Register 2011, No. 15).
11. Amendment of subsections (a)(2) and (b)(2), repealer of subsection (b)(7) and amendment of subsection (c) filed 6-22-2016; operative 10-1-2016 (Register 2016, No. 26). Note: Authority cited: Sections 6716, 6755, 8710 and 8741, Business and Professions Code. Reference: Sections 6706.3, 6710, 6732, 6751, 6755, 6755.1, 6759, 8741, 8742, 8745 and 8748, Business and Professions Code.
1. Amendment filed 7-27-73; effective thirtieth day thereafter (Register 73, No. 30). For prior history, see Register 71, No. 29.
2. Amendment filed 1-15-82; effective thirtieth day thereafter (Register 82, No. 3).
3. Amendment filed 8-10-83; effective thirtieth day thereafter (Register 83, No. 33).
4. New subsection (a)(5) filed 12-5-94; operative 1-4-95 (Register 94, No. 49).
5. Change without regulatory effect amending subsection (b) filed 7-7-97 pursuant to section 100, title 1, California Code of Regulations (Register 97, No. 28).
6. Change without regulatory effect amending section and Note filed 4-19-99 pursuant to section 100, title 1, California Code of Regulations (Register 99, No. 17).
7. Repealer of subsection (a)(5) and amendment of subsection (b)(1) filed 1-25-2001; operative 2-24-2001 (Register 2001, No. 4).
8. Amendment of subsections (a)(3)-(4), new subsections (a)(5)-(6), amendment of subsections (b)(3)-(4) and new subsections (b)(5)-(6) filed 9-9-2002; operative 10-9-2002 (Register 2002, No. 37).
9. Change without regulatory effect amending section filed 7-2-2004 pursuant to section 100, title 1, California Code of Regulations (Register 2004, No. 27).
10. Amendment of subsections (a)(4)-(6), new subsection (a)(7) and amendment of subsections (b)(4)-(6) filed 4-11-2011; operative 5-11-2011 (Register 2011, No. 15).
11. Amendment of subsections (a)(2) and (b)(2), repealer of subsection (b)(7) and amendment of subsection (c) filed 6-22-2016; operative 10/1/2016 (Register 2016, No. 26).