Section 28-01-02.1-07 - Gender and definitions1.Gender. This title is to be read and interpreted in a nongender context without regard to race, creed, or sex.2.Definitions. The terms used throughout this title have the same meaning as in North Dakota Century Code chapter 43-19.1, except: a. "Accreditation board for engineering and technology accredited curriculum" means those academic programs offered by institutions of higher learning that the accreditation board for engineering and technology (ABET) certify to have met the criteria and qualifications required to receive the designations as accredited programs in the education, training, and preparation of the graduates from such programs; engineering curriculum must have the accreditation of the engineering accreditation commission (EAC) within the accreditation board for engineering and technology and land surveying curriculum must have either engineering accreditation commission or technology accreditation commission (TAC) or applied science accreditation commission (ASAC) of the accreditation board for engineering and technology to be acceptable to the board.b. "Application" means the act of furnishing data, documents, and such information under oath as may be required by the board and on forms prescribed by the board.c. "Code of ethics" means that set of rules prescribed by the board and adopted herein that govern the professional conduct of all registrants.d. "Direct supervision" means the activities of that person who is in responsible charge of technical, engineering, or land surveying work in progress, whose professional skill and judgment are embodied in the plans, specifications, reports, plats, or other documents required to be certified pursuant to section 28-02.1-08-03. A person in direct supervision of work directs the work of other registrants, interns, draftspersons, technicians, or clerical persons assigned to that work.e. "Engineering intern" and "land surveyor (surveying) intern" are recognized by the board as synonymous with engineer-in-training and land surveyor-in-training provided the intern designations are conferred under the same requirements as the "in-training" designations pursuant to these rules.f. "Examination" means that series of tests prescribed by the board that are developed to ascertain the level of proficiency in the fundamentals and in the practices of the professions regulated by the board.g. "Form" means a printable or fillable form that captures the data required by this chapter. It includes forms replicated on electronic platforms.h. "Gross negligence" means a substantial deviation in professional practice from the standard of professional care exercised by members of the registrant's profession, or a substantial deviation from any technical standards issued by a nationally recognized or state-recognized professional organization, or both, comprised of members of the registrant's profession, or a substantial deviation from requirements contained in state laws, board regulations, local ordinances, or regulations related to the registrant's professional practice.i. "Inactive" means a registration that has voluntarily expired and the registrant has notified the board office of their intent to not renew.j. "Incompetence" means to lack the professional qualifications, experience, education, or combination thereof to undertake a professional engagement or assignment. The following acts or omissions, among others, may be deemed to be "incompetence" and to be cause for denial, suspension, or revocation of a certificate of registration to practice engineering or land surveying and the imposition of any other lawful discipline. Incompetence includes: (1) Recklessness or excessive errors, omissions, or failures in the registrant's record of professional practice.(2) Mental or physical disability or addiction to alcohol or drugs that leads to the impairment of the registrant's ability to exercise due skill and care in providing professional services so as to endanger the health, safety, and welfare of the public.k. "Lapsed" means a registration that has voluntarily expired and the registrant has not notified the board office of their intent to not renew.l. "Misconduct" means: (1) Conviction of any crime reasonably related to the practice of the registrant's profession;(2) An adverse civil adjudication involving dishonesty, gross negligence, or incompetence;(3) Suspension or revocation or voluntary surrender of a professional license or registration by this state or by any other jurisdiction;(4) Any act or practice in violation of the rules of professional conduct as set forth in sections 28-03.1-01-01 through 28-03.1-01-17;(5) Violation of any of the administrative rules set forth in this title; or(6) Knowingly fail to comply with continuing professional competency requirements set forth in 28-04.m. "Registrant" means any individual or organization who has been approved for a certificate of registration as an engineer intern, land surveyor intern, a professional engineer, a professional land surveyor, or any combination thereof, or a temporary permit to practice engineering, or a certificate of commercial practice.N.D. Admin Code 28-01-02.1-07
Effective January 1, 1988; amended effective August 1, 1994; April 1, 1999; October 1, 2004; October 1, 2010.Amended by Administrative Rules Supplement 2023-391, January 2024, effective 1/1/2024.General Authority: NDCC 43-19.1-08
Law Implemented: NDCC 43-19.1-08