Okla. Stat. tit. 59 § 475.18

Current through Laws 2024, c. 453.

Section 475.18 - [Effective Until 11/1/2024] Disciplinary actions - Grounds - Rules of Professional Conduct - Definitions

A. As provided in subsections A and B of Section 475.8 of this title, the Board shall have the power to deny, place on probation, suspend, revoke or refuse to issue a certificate or license, or fine, reprimand, issue orders, levy administrative fines or seek other penalties, if a person or entity is found guilty of:

1. Any fraud or deceit in obtaining or attempting to obtain or renew a certificate of licensure, or a certificate of authorization or in taking the examinations administered by the Board or its authorized representatives;

2. Any fraud, misrepresentation, gross negligence, gross incompetence, misconduct or dishonest practice, in the practice of engineering or land surveying;

3. Conviction of or entry of a plea of guilty or nolo contendere to a felony crime that substantially relates to the practice of engineering or land surveying and poses a reasonable threat to public safety; or conviction of or entry of a plea of guilty or nolo contendere to a misdemeanor, an essential element of which is dishonesty or is a violation of the practice of engineering or land surveying;

4. Failure to comply with any of the provisions of Section 475.1 et seq. of this title or any of the rules or regulations pertaining thereto;

5. Disciplinary action, including voluntary surrender of a professional engineer's or professional land surveyor's license in order to avoid disciplinary action by another state, territory, the District of Columbia, a foreign country, the United States government, or any other governmental agency, if at least one of the grounds for discipline is the same or substantially equivalent to those contained in this section;

6. Failure, within thirty (30) days, to provide information requested by the Board or its designated staff as a result of a formal or informal complaint to the Board which would indicate a violation of Section 475.1 et seq. of this title;

7. Knowingly making false statements or signing false statements, certificates or affidavits;

8. Aiding or assisting another person or entity in violating any provision of Section 475.1 et seq. of this title or the rules or regulations pertaining thereto;

9. Violation of any terms imposed by the Board, or using a seal or practicing professional engineering or professional land surveying while the professional engineer's license or professional land surveyor's license is suspended, revoked, nonrenewed, retired or inactive;

10. Signing, affixing the professional engineer's or professional land surveyor's seal, or permitting the professional engineer's or professional land surveyor's seal or signature to be affixed to any specifications, reports, drawings, plans, design information, construction documents, calculations, other documents, or revisions thereof, which have not been prepared by, or under the direct control and personal supervision of the professional engineer or professional land surveyor in responsible charge;

11. Engaging in dishonorable, unethical or unprofessional conduct of a character likely to deceive, defraud, harm or endanger the public;

12. Providing false testimony or information to the Board;

13. Habitual intoxication or addiction to the use of alcohol or to the illegal use of a controlled dangerous substance;

14. Performing engineering or surveying services outside any of the licensee's areas of competence or areas of competence designated in the official Board records;

15. Violating the Oklahoma Minimum Standards for the Practice of Land Surveying; and

16. Failing to obtain the required professional development hours, as approved by the Board, Board staff or Continuing Education Committee as required by an audit.

B. The Board shall prepare and adopt Rules of Professional Conduct for Professional Engineers and Professional Land Surveyors as provided for in Section 475.8 of this title, which shall be made available in writing to every licensee and applicant for licensure under Section 475.1 et seq. of this title. The Board may revise and amend these Rules of Professional Conduct for Professional Engineers and Professional Land Surveyors and shall notify each licensee, in writing, of such revisions or amendments.

C. Principals of a firm who do not obtain a certificate or authorization for the firm as required by Section 475.1 et seq. of this title may be subject to disciplinary action.

D. As used in this section:

1. "Substantially relates" means the nature of criminal conduct for which the person was convicted has a direct bearing on the fitness or ability to perform one or more of the duties or responsibilities necessarily related to the occupation; and

2. "Poses a reasonable threat" means the nature of criminal conduct for which the person was convicted involved an act or threat of harm against another or has a bearing on the fitness or ability to serve the public or work with others in the occupation.

Okla. Stat. tit. 59, § 475.18

Amended by Laws 2019 , c. 363, s. 19, eff. 11/1/2019.

Amended by Laws 2017 , c. 259, s. 16, eff. 11/1/2017.

Amended by Laws 2015 , c. 183, s. 3, eff. 11/1/2015.

Laws 1968, SB 524, c. 245, § 15, emerg. eff. 4/26/1968; Amended by Laws 1982, SB 616, c. 297, § 18; Amended by Laws 1992, SB 799, c. 165, § 15, emerg. eff. 7/1/1992; Amended by Laws 2005 , HB 1607, c. 115, §17, eff. 11/1/2005; Amended by Laws 2008 , SB 1529, c. 312, §8, eff. 11/1/2008; Amended by Laws 2012 , HB 2686, c. 139, §7.

This section is set out more than once due to postponed, multiple, or conflicting amendments.