Current through April 27, 2019
Section 1-2 - Definitions (a) "Direct supervision" means direct control and personal supervision of engineering work or land surveying work. (b) " A background that does not evidence conduct adverse to the practice of engineering or land surveying or to the ability to practice engineering or land surveying;" means the licensee or applicant: (i) Has not been convicted of any crime that is related to the ability to practice engineering or land surveying within five (5) years of submitting an application for a license or certificate; (ii) Is not currently incarcerated in a penal institution; (iii) Has not engaged in fraud or misrepresentation negatively reflecting upon the licensee's or applicant's ability to practice professional engineering or land surveying; (iv) If previously licensed in this state, another state, or foreign country, has not had his/her license canceled, revoked, suspended, restricted or not renewed for cause within five (5) years of applying for a license or certificate; (v) Has not been found to have been practicing professional engineering or land surveying without a license by a court or licensing board of this or any other jurisdiction within two (2) years of submitting the application for a license or certificate; (vi) Has fully complied with all terms of any sentence or order of probation and has been discharged from probation or parole. (c) "Gross negligence" means a substantial or habitual deviation in professional practice from the standard of professional care exercised by members of the licensee's profession, or a substantial or habitual deviation from any technical standards issued by a nationally and/or state recognized professional organization comprised of members of the licensee's profession, or a substantial or habitual deviation from requirements contained in state laws, Board regulations, local ordinances, or regulations related to the licensee's professional practice. (d) "Incompetence" means to lack the ability, professional qualifications, experience, education, or combination thereof to undertake a professional engagement or assignment. (e) "ABET" is a nationally recognized accreditation agency for engineering and surveying. Information can be found at www.abet.org. (f) "ABET/EAC" means the Engineering Accreditation Commission of ABET. "ABET/ETAC" means the Engineering Technology Accreditation Commission of ABET. "ABET/ANSAC" means the Applied and Natural Science Accreditation Commission of ABET. (g) "NCEES" means the National Council of Examiners for Engineering and Surveying. Information can be found at www.ncees.org. (h) "NCEES Record" means a mechanism to provide a means of storing and transmitting professional records-such as transcripts, exam results, and employment references-in order to apply for licensure in an additional state or territory (a process known as comity licensure). (i) "NSPE" means the National Society of Professional Engineers. Information can be found at www.nspe.org. (j) "NSPS" means the National Society of Professional Surveyors. Information can be found at www.nsps.us.com. (k) "Licensee" means a person who has been granted a license pursuant to the Act. (l) "Intern" means a land surveyor intern or engineer intern, as applicable. (m) "Thorough technical review" means that the work product has been thoroughly reviewed, critically examined, and evaluated for compliance with appropriate professional standards by a licensee in that profession who accepts responsibility for the work product. (n) "Wyoming licensing laws related to engineering and surveying" means W.S. 33-29-201 through 33-29-910 and these Rules. (o) "Signature" means that it identifies the person, serves as a means of authentication of the contents of the document, provides responsibility for the creation of the document and provides for accountability for the contents of the document. Signature may be applied as either "original" signature or "digital" signature. "Original" signature and "digital" signature and are defined as follows: (i) "Original" signature means the handwritten name of a person applied to a document. (ii) "Digital" signature means a signature electronically created which has the same authority and effect as an original signature. (p) "Public works" means all fixed works constructed for public use, whether or not done under public supervision or direction, or paid for wholly or in part out of public funds or assessment of property owners or rights users.