Section 0780-05-07-.08 - SEALS(1) The design of a licensee's seal required by T.C.A. §62-36-112 shall be as follows: Click to view Image
(2) Subject to the requirements of this rule, rubber-stamp, embossed, transparent self-adhesive or electronically-generated seals may be used by the licensee; however, such stamps or seals shall not include the licensee's signature or date of signature.(3) Subject to the requirements of this rule, the licensee may affix his or her electronically-generated signature and date of signature to plans, plats, drawings, reports, or other geologic papers or documents as long as the licensee utilizes a secure method of affixation, does not authorize any other person to affix his or her signature and date, and does not allow any other person to have access to his or her signature.(4) The licensee shall stamp with his or her seal to all original sheets of any bound or unbound plans, plats, drawings, reports, or other geologic papers or documents involving geologic work developed by the licensee or under the licensee's responsible charge of work.(5) The licensee shall superimpose his or her signature (not a rubber stamp) and date of signature across the face and beyond the circumference of the seal on the documents listed above.(6) Any portions of plans, plats, drawings, reports, or other geologic papers or documents involving geologic work prepared in part by a licensee functioning as a consultant on a project shall place his or her signature on the pages of the document for which the licensee is responsible.(7) No licensee shall affix his or her seal or signature to plans, plats, drawings, reports, or other geologic papers or documents developed by others not under the licensee's responsible charge of work as defined by T.C.A. §62-36-103.(8) Responsible Charge of Work. (a) Plans, plats, drawings, reports, or other geologic papers or documents involving geologic work prepared in part or in whole by a licensee or the licensee's subordinate will be deemed to have been prepared under the responsible charge of work only when: 1. The client or employer requesting preparation of plans, plats, drawings, reports, or other geologic papers or documents makes the request directly to the licensee or to the licensee's subordinate at the time initial client or employer contact is made, so long as the licensee has the right to control and direct the subordinate in the material details of how the work is to be performed;2. The licensee supervises and is involved in the preparation and approval of the plans, plats, drawings, reports, or other geologic papers or documents and has input into and full knowledge of their preparation prior to their completion;3. The licensee reviews the final plans, plats, drawings, reports, or other geologic papers or documents; and4. The licensee has the authority to, and does, make any necessary and appropriate changes to the final plans, plats, drawings, reports, or other geologic papers or documents.(b) Any changes made to the final plans, plats, drawings, reports or other geologic papers or documents after final revision and sealing by the licensee are prohibited by any person other than the licensee.(c) The mere review of work prepared by another person, even if that person is the licensee's subordinate, does not constitute responsible charge of work unless the licensee has met the criteria set out above.Tenn. Comp. R. & Regs. 0780-05-07-.08
Public necessity rule filed November 21, 2007; effective through May 10, 2008. Rule expired May 11, 2008; reverted back to its prior status. Original rule filed March 26, 2008; effective June 9, 2008.Authority: Chapter 495 of the Public Acts of 2007, §§ 13 and 15 and T. C. A. §§ 62-36-112 and 62-36114 [effective January 1, 2008].