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Statutes governing the

Arizona State Board of Technical Registration
 

Regulating: Architects; Assayers; Certified Remediation Specialists; Drug Laboratory Site Remediation Firms, Supervisors and Workers; Engineers; Geologists; Home Inspectors; Landscape Architects; Surveyors; Alarm Business; Alarm System and Alarm Agents

The Arizona Revised Statutes have been updated with the 50th Legislature, 2nd regular session information
effective August 2, 2012.

Effective August 2, 2012, there are 2 new bills affecting the Board of Technical Registration. 

Senate Bill 1438 and House Bill 2748


Arizona Revised Statutes

Title 32, Chapter 1


 
32-101.          Purpose; definitions
32-102.          Board of technical registration
32-103.          Qualifications of members
32-104         Compensation
32-105.          Organization
32-106         Powers and duties (Effective 9/29/12)
32-106.01.     Petition for injunction
32-109.          Technical registration fund
32-110         Immunity from personal liability
 
 
32-124.          Schedule of fees; exemption
32-125.          Seals for registrants
32-126.          Exemptions from examination requirement
32-129.          Confidentiality
 
 
 
32-141.          Firm registration
32-142.          Public works
32-143.          Exceptions
32-144.          Exemptions and limitations
32-145         Violations; classification
32-146         Malpractice claim review
32-147.          Board reports; immunity
32-148.          Refusal to obey a subpoena; contempt
32-149.          Transcript copies; cost
32-151.          Certify; certification
32-152.          As built plans; definition

Article 1. Board of Technical Registration
32-101 Purpose; definitions
A.  The purpose of this chapter is to provide for the safety, health and welfare of the public through the promulgation and enforcement of standards of qualification for those individuals registered or certified and seeking registration or certification pursuant to this chapter.
B.  In this chapter, unless the context otherwise requires:
1.  "Advertising" includes business cards, signs or letterhead provided by a person to the public.
2.  "Alarm" or "alarm system":
(a)  Means any mechanical or electrical device that is designed to emit an audible alarm or transmit a signal or message if activated and that is used to detect an unauthorized entry into a building or other facility or alert other persons of the occurrence of a medical emergency or the commission of an unlawful act against a person or in a building or other facility.
(b)  Includes a silent, panic, holdup, robbery, duress, burglary, medical alert or proprietor alarm that requires emergency personnel to respond.
(c)  Does not include a telephone call diverter or a system that is designed to report environmental and other occurrences and that is not designed or used to alert or cause other persons to alert public safety personnel.
3.  "Alarm agent" means a person, whether an employee, an independent contractor or otherwise, who acts on behalf of an alarm business and who tests, maintains, services, repairs, sells, rents, leases or installs alarm systems other than an alarm system located on the person's own property or the property of the person's employer.
4.  "Alarm business":
(a)  Means any person who, either alone or through a third party, engages in the business of either of the following:
(i)  Providing alarm monitoring services.
(ii)  Selling, leasing, renting, maintaining, repairing or installing a nonproprietor alarm system or service.
(b)  Does not include any of the following:
(i)  A person or company that purchases, rents or uses an alarm that is affixed to a motor vehicle.
(ii)  A person who owns or conducts a business of selling, leasing, renting, installing, maintaining or monitoring an alarm that is affixed to a motor vehicle.
(iii)  A person who installs a nonmonitored proprietor alarm for a business that the person owns, is employed by or manages.
(iv)  The installation or monitoring of fire alarm systems.
(v)  An alarm system that is operated by a city or town.
5.  "Alarm subscriber" means any person who:
(a)  Leases, rents or purchases any monitored alarm system or service from an alarm business.
(b)  Leases or rents an alarm system.
(c)  Contracts with an alarm business for alarm monitoring, installation, repair or maintenance services.
6.  "Architect" means a person who, by reason of knowledge of the mathematical and physical sciences and the principles of architecture and architectural engineering acquired by professional education and practical experience, is qualified to engage in the practice of architecture as attested by registration as an architect.
7.  "Architect‑in‑training" means a candidate for registration as a professional architect who is a graduate of a school approved by the board or who has five years or more of education or experience, or both, in architectural work which meets standards specified by the board in its rules. In addition, the candidate shall have passed the architect‑in‑training examination.
8.  "Architectural practice" means any professional service or creative work requiring architectural education, training and experience, and the application of the mathematical and physical sciences and the principles of architecture and architectural engineering to such professional services or creative work as consultation, evaluation, design and review of construction for conformance with contract documents and design, in connection with any building, planning or site development.  A person shall be deemed to practice or offer to practice architecture who in any manner represents that the person is an architect, or is able to perform any architectural service or other services recognized by educational authorities as architecture.
9.  "Assayer" means a person who analyzes metals, ores, minerals, or alloys in order to ascertain the quantity of gold or silver or any other substance present in them.  A person employed on a full‑time basis as an assayer by an employer engaged in the business of developing, mining or treating ores or other minerals shall not be deemed to be engaged in assaying practice for the purposes of this chapter if the person engages in assaying practice exclusively for and as an employee of such employer and does not represent that the person is available and is not represented as being available to perform any assaying services for anyone other than the person's employer.
10.  "Assayer‑in‑training" means a candidate for registration as a professional assayer who is a graduate of a school and curriculum approved by the board or who has four years or more of education or experience, or both, in assaying work which meets standards specified by the board in its rules. In addition, the candidate shall have passed the assayer‑in‑training examination.
11.  "Assaying practice" means any professional service or work requiring assaying education, training and experience and the application of special knowledge of the mineral sciences to such service or work as consultation and the evaluation of minerals.  A person is deemed to practice or offer to practice assaying who in any manner represents that the person is an assayer or is able to perform any assaying service or other services recognized by educational authorities as assaying.
12.  "Board" means the state board of technical registration.
13.  "Certified remediation specialist" means a person who has been certified by the board to perform, supervise and review environmental remediations if the use of a certified remediation specialist is specifically authorized by title 49 and rules adopted pursuant to title 49.
14.  "Controlling person":
(a)  Means a person who is designated by an alarm business.
(b)  Does not include an alarm agent.
15.  "Drug laboratory site remediation firm" means a firm that is licensed by the registrar of contractors pursuant to chapter 10 of this title and that performs remediation of residual contamination from the manufacture of methamphetamine, ecstasy or LSD or the storage of chemicals or equipment used in manufacturing methamphetamine, ecstasy or LSD. For the purposes of this paragraph:
(a)  "Ecstasy" has the same meaning prescribed in section 13‑3401, paragraph 6 and includes any of the precursor chemicals, regulated chemicals, other substances or equipment used in the unlawful manufacture of the dangerous drug.
(b)  "LSD" has the same meaning prescribed in section 13‑3401, paragraph 6 and includes any of the precursor chemicals, regulated chemicals, other substances or equipment used in the unlawful manufacture of the dangerous drug.
(c)  "Methamphetamine" has the same meaning prescribed in section 13‑3401, paragraph 6 and includes any of the precursor chemicals, regulated chemicals, other substances or equipment used in the unlawful manufacture of the dangerous drug.
16.  "Engineer" means a person who, by reason of special knowledge of the mathematical and physical sciences and the principles and methods of engineering analysis and design acquired by professional education and practical experience, is qualified to practice engineering as attested by registration as a professional engineer.
17.  "Engineering practice" means any professional service or creative work requiring engineering education, training and experience and the application of special knowledge of the mathematical, physical and engineering sciences to such professional services or creative work as consultation, research investigation, evaluation, planning, surveying as defined in paragraph 27, subdivisions (d) and (e) of this subsection, design, location, development, and review of construction for conformance with contract documents and design, in connection with any public or private utility, structure, building, machine, equipment, process, work or project. Such services and work include plans and designs relating to the location, development, mining and treatment of ore and other minerals. A person shall be deemed to be practicing or offering to practice engineering if the person practices any branch of the profession of engineering, or by verbal claim, sign, advertisement, letterhead, card or any other manner represents that the person is a professional engineer, or is able to perform or does perform any engineering service or other service recognized by educational authorities as engineering. A person employed on a full‑time basis as an engineer by an employer engaged in the business of developing, mining and treating ores and other minerals shall not be deemed to be practicing engineering for the purposes of this chapter if the person engages in the practice of engineering exclusively for and as an employee of such employer and does not represent that the person is available and is not represented as being available to perform any engineering services for persons other than the person's employer.
18.  "Engineer‑in‑training" means a candidate for registration as a professional engineer who is a graduate in an approved engineering curriculum of four years or more of a school approved by the board or who has had four years or more of education or experience, or both, in engineering work which meets standards specified by the board in its rules.  In addition, the candidate shall have passed the engineer‑in‑training examination.
19.  "Firm" means any individual or partnership, corporation or other type of association, including the association of a nonregistrant and a registrant who offers to the public professional services regulated by the board.
20.  "Geological practice" means any professional service or work requiring geological education, training and experience, and the application of special knowledge of the earth sciences to such professional services as consultation, evaluation of mining properties, petroleum properties and groundwater resources, professional supervision of exploration for mineral natural resources including metallic and nonmetallic ores, petroleum and groundwater, and the geological phases of engineering investigations.
21.  "Geologist" means a person, not of necessity an engineer, who by reason of special knowledge of the earth sciences and the principles and methods of search for and appraisal of mineral or other natural resources acquired by professional education and practical experience is qualified to practice geology as attested by registration as a professional geologist.  A person employed on a full‑time basis as a geologist by an employer engaged in the business of developing, mining or treating ores and other minerals shall not be deemed to be engaged in geological practice for the purposes of this chapter if the person engages in geological practice exclusively for and as an employee of such employer and does not represent that the person is available and is not represented as being available to perform any geological services for persons other than the person's employer.
22.  "Geologist‑in‑training" means a candidate for registration as a professional geologist who is a graduate of a school approved by the board or who has had four years or more of education or experience, or both, in geological work which meets standards specified by the board in its rules. In addition, the candidate shall have passed the geologist‑in‑training examination.
23.  "Home inspection" means a visual analysis for the purposes of providing a professional opinion of the building, any reasonably accessible installed components and the operation of the building's systems, including the controls normally operated by the owner, for the following components of a residential building of four units or less:
(a)  Heating system.
(b)  Cooling system.
(c)  Plumbing system.
(d)  Electrical system.
(e)  Structural components.
(f)  Foundation.
(g)  Roof covering.
(h)  Exterior and interior components.
(i)  Site aspects as they affect the building.
(j)  Pursuant to rules adopted by the board, swimming pool and spa.
24.  "Home inspection report" means a written report that is prepared for compensation, that is issued after a home inspection and that clearly describes and identifies the inspected systems, structures and components of a completed dwelling and any visible major defects found to be in need of immediate major repair and any recommendations for additional evaluation by appropriate persons.
25.  "Home inspector" means an individual who is certified pursuant to this chapter as a home inspector and who engages in the business of performing home inspections and writing home inspection reports.
26.  "Home inspector‑in‑training" means a candidate for certification as a home inspector who has completed a course of study approved by the board and who is participating in a training program that complies with standards recommended by the home inspector rules and standards committee and approved by the board.
27.  "Land surveying practice" means the performance of one or more of the following professional services:
(a)  Measurement of land to determine the position of any monument or reference point which marks a property line, boundary or corner for the purpose of determining the area or description of the land.
(b)  Location, relocation, establishment, reestablishment, setting, resetting or replacing of corner monuments or reference points which identify land boundaries, rights‑of‑way or easements.
(c)  Platting or plotting of lands for the purpose of subdividing.
(d)  Measurement by angles, distances and elevations of natural or artificial features in the air, on the surface and immediate subsurface of the earth, within underground workings and on the surface or within bodies of water for the purpose of determining or establishing their location, size, shape, topography, grades, contours or water surface and depths, and the preparation and perpetuation of field note records and maps depicting these features.
(e)  Setting, resetting or replacing of points to guide the location of new construction.
28.  "Land surveyor" means a person who by reason of knowledge of the mathematical and physical sciences, principles of land surveying and evidence gathering acquired by professional education or practical experience, or both, is qualified to practice land surveying as attested by registration as a land surveyor.  A person employed on a full‑time basis as a land surveyor by an employer engaged in the business of developing, mining or treating ores or other minerals shall not be deemed to be engaged in land surveying practice for purposes of this chapter if the person engages in land surveying practice exclusively for and as an employee of such employer and does not represent that the person is available and is not represented as being available to perform any land surveying services for persons other than the person's employer.
29.  "Land surveyor‑in‑training" means a candidate for registration as a professional land surveyor who is a graduate of a school and curriculum approved by the board, or who has four years or more of education or experience, or both, in land surveying work which meets standards specified by the board in its rules.  In addition, the candidate shall have passed the land surveyor‑in‑training examination.
30.  "Landscape architect" means a person who, by reason of professional education or practical experience, or both, is qualified to engage in the practice of landscape architecture as attested by registration as a landscape architect.
31.  "Landscape architect‑in‑training" means a candidate for registration as a professional landscape architect who is a graduate of a school approved by the board or who has had four years or more of education or experience, or both, in landscape architectural work which meets standards specified by the board in its rules.  In addition, the candidate shall have passed the landscape architect‑in‑training examination.
32.  "Landscape architectural practice" means the performance of professional services such as consultations, investigation, reconnaissance, research, planning, design or responsible supervision in connection with the development of land and incidental water areas where, and to the extent that, the dominant purpose of such services is the preservation, enhancement or determination of proper land uses, natural land features, ground cover and planting, naturalistic and aesthetic values, the settings of and approaches to buildings, structures, facilities or other improvements, natural drainage and the consideration and the determination of inherent problems of the land relating to erosion, wear and tear, light or other hazards.  This practice shall include the location and arrangement of such tangible objects and features as are incidental and necessary to the purposes outlined in this paragraph but shall not include the making of cadastral surveys or final land plats for official recording or approval, nor mandatorily include planning for governmental subdivisions.
33.  "Monitored alarm" means a device that is designed for the detection of an entry on any premises and that if activated generates a notification signal.
34.  "On‑site supervisor" means the employee of a drug laboratory site remediation firm who is authorized to oversee on‑site workers in the performance of their duties.
35.  "On‑site worker" means an employee of a drug laboratory site remediation firm who has on‑site duties or who handles contaminated materials, chemicals or contaminated equipment.
36.  "Person" means any individual, firm, partnership, corporation, association or other organization.
37.  "Principal" means an individual who is an officer of the corporation or is designated by a firm as having full authority and responsible charge of the services offered by the firm.
38.  "Proprietor alarm" means any alarm or alarm system that is owned by an alarm subscriber who has not contracted with an alarm business.
39.  "Registrant" means a person registered or certified by the board.
40.  "Registration" means a registration or certification issued by the board.
 
32-102 Board of Technical Registration
A.  A state board of technical registration is established consisting of members appointed by the governor as follows:
1.  Two architects.
2.  Three professional engineers, two of whom are representatives of branches of engineering other than civil engineering and are registered in those branches pursuant to this chapter.
3.  One public member.
4.  One landscape architect.
5.  One geologist or assayer.
6.  One land surveyor.
B.  Upon the expiration of any of the terms a successor, qualified pursuant to subsection A, shall be appointed for a full term of three years.  The governor may remove a member of the board for misconduct, incapacity or neglect of duty.  Appointment to fill a vacancy caused other than by expiration of term shall be for the unexpired portion of the term.
C.  No member may serve more than two consecutive terms.
 
32-103 Qualifications of members
A.  Each professional member of the board shall:
1.  Be at least twenty‑five years of age.
2.  Have been a resident of the state for at least three years immediately preceding appointment as a member.
B.  Each member who is an architect, geologist, an assayer, a landscape architect, a professional engineer or a land surveyor shall have had at least five years' active professional experience as attested by registration under this chapter.
 
32-104 Compensation
Members of the board are eligible to receive compensation pursuant to title 38, chapter 4, article 1.
 
32-105 Organization
The board shall annually elect from its membership a chairman, vice‑chairman and secretary.  It shall hold at least two regular meetings each year and such special or called meetings as the rules provide.
 
32-106 Powers and duties
 
(L12, ch 341, sec. 2. Eff. until 9/29/12)
 
A.  The board shall:
1.  Adopt rules for the conduct of its meetings and performance of duties imposed upon it by law.
2.  Adopt an official seal for attestation of certificates of registration and other official papers and documents.
3.  Consider and pass upon applications for registration or certification.
4.  Conduct examinations for in‑training and professional registration except for an alarm business or an alarm agent.
5.  Hear and pass upon complaints or charges or direct an administrative law judge to hear and pass on complaints and charges.
6.  Compel attendance of witnesses, administer oaths and take testimony concerning all matters coming within its jurisdiction. In exercising these powers, the board may issue subpoenas for the attendance of witnesses and the production of books, records, documents and other evidence it deems relevant to an investigation or hearing.
7.  Keep a record of its proceedings.
8.  Keep a register which shall show the date of each application for registration or certification, the name of the applicant, the practice or branch of practice in which the applicant has applied for registration, if applicable, and the disposition of the application.
9.  Do other things necessary to carry out the purposes of this chapter.
B.  The board shall specify the proficiency designation in the branch of engineering in which the applicant has designated proficiency on the certificate of registration and renewal card issued to each registered engineer and shall authorize the engineer to use the title of registered professional engineer. The board shall decide what branches of engineering it shall recognize.
C.  The board may hold membership in and be represented at national councils or organizations of proficiencies registered under this chapter and may pay the appropriate membership fees. The board may conduct standard examinations on behalf of national councils and may establish fees for those examinations.
D.  The board may employ and pay on a fee basis persons, including full‑time employees of a state institution, bureau or department, to prepare and grade examinations given to applicants for registration and may fix the fee to be paid for these services.  These employees are authorized to prepare, grade and monitor examinations and perform other services the board authorizes, and to receive payment for these services from the technical registration fund. The board may contract with an organization to administer the registration examination, including selecting the test site, scheduling the examination, billing and collecting the fee directly from the applicant and grading the examination if a national council of which the board is a member or a professional association approved by the board does not provide these services.  If a national council of which the board is a member or a professional association approved by the board does provide these services, the board shall enter into an agreement with the national council or professional association to administer the registration examination.
E.  The board may rent necessary office space and pay the cost of this office space from the technical registration fund.
F.  The board may adopt rules establishing rules of professional conduct for registrants.
G.  The board may require evidence it deems necessary to establish the continuing competency of registrants as a condition of renewal of licenses.
H.  The board may employ persons as it deems necessary.
I.  The board shall issue a certificate and renewal card to each drug laboratory site remediation firm, remediation supervisor and on‑site worker.
J.  The board shall issue or may authorize the executive director to issue a certificate or renewal certificate to each alarm business and a certification or renewal certification card to each alarm agent if the qualifications prescribed by this chapter are met.
 
32-106 Powers and duties
 
(L12, ch 321, sec. 42 & ch 341, sec. 2. Eff. 9/29/12)
 
A.  The board shall:
1.  Adopt rules for the conduct of its meetings and performance of duties imposed upon it by law.
2.  Adopt an official seal for attestation of certificates of registration and other official papers and documents.
3.  Consider and pass upon applications for registration or certification.
4.  Conduct examinations for in‑training and professional registration except for an alarm business or an alarm agent.
5.  Hear and pass upon complaints or charges or direct an administrative law judge to hear and pass on complaints and charges.
6.  Compel attendance of witnesses, administer oaths and take testimony concerning all matters coming within its jurisdiction. In exercising these powers, the board may issue subpoenas for the attendance of witnesses and the production of books, records, documents and other evidence it deems relevant to an investigation or hearing.
7.  Keep a record of its proceedings.
8.  Keep a register which shall show the date of each application for registration or certification, the name of the applicant, the practice or branch of practice in which the applicant has applied for registration, if applicable, and the disposition of the application.
9.  Do other things necessary to carry out the purposes of this chapter.
B.  The board shall specify the proficiency designation in the branch of engineering in which the applicant has designated proficiency on the certificate of registration and renewal card issued to each registered engineer and shall authorize the engineer to use the title of registered professional engineer. The board shall decide what branches of engineering it shall recognize.
C.  The board may hold membership in and be represented at national councils or organizations of proficiencies registered under this chapter and may pay the appropriate membership fees. The board may conduct standard examinations on behalf of national councils and may establish fees for those examinations.
D.  The board may employ and pay on a fee basis persons, including full‑time employees of a state institution, bureau or department, to prepare and grade examinations given to applicants for registration and may fix the fee to be paid for these services.  These employees are authorized to prepare, grade and monitor examinations and perform other services the board authorizes, and to receive payment for these services from the technical registration fund. The board may contract with an organization to administer the registration examination, including selecting the test site, scheduling the examination, billing and collecting the fee directly from the applicant and grading the examination if a national council of which the board is a member or a professional association approved by the board does not provide these services.  If a national council of which the board is a member or a professional association approved by the board does provide these services, the board shall enter into an agreement with the national council or professional association to administer the registration examination.
E.  The board may rent necessary office space and pay the cost of this office space from the technical registration fund.
F.  The board may adopt rules establishing rules of professional conduct for registrants.
G.  The board may require evidence it deems necessary to establish the continuing competency of registrants as a condition of renewal of licenses.
H.  Subject to title 41, chapter 4, article 4, the board may employ persons as it deems necessary.
I.  The board shall issue a certificate and renewal card to each drug laboratory site remediation firm, remediation supervisor and on‑site worker.
J.  The board shall issue or may authorize the executive director to issue a certificate or renewal certificate to each alarm business and a certification or renewal certification card to each alarm agent if the qualifications prescribed by this chapter are met.
 
32-106.01 Petition for injunction
A.  The superior court may issue an injunction immediately upon a petition filed as provided in this section to enjoin the practice of any board regulated profession or occupation by any person not registered or certified to practice the occupations or exempt pursuant to this chapter from registration requirements.
B.  In a petition for injunction pursuant to subsection A of this section, it shall be sufficient to charge that the respondent on a day certain in a named county engaged in the practice of any board regulated profession or occupation without a registration and without being exempt pursuant to this chapter from registration requirements.  No showing of damage or injury shall be required.
C.  Such petition shall be filed in the name of the state by the board or at the request of the board by the attorney general or any county attorney in any county where the respondent resides or may be found.
D.  Issuance of an injunction shall not relieve the respondent from being subject to any proceedings pursuant to section 32‑145, or otherwise. Any violation of an injunction shall be punished as contempt of court.
E.  In all other respects, injunction proceedings pursuant to this section shall be governed by title 12, chapter 10, article 1.
 
32-106.02 Authority to investigate; civil penalties
A.  The board may initiate a hearing pursuant to title 41, chapter 6, article 10 on receipt of a complaint that a person who is not exempt from this chapter and is not registered or certified under this chapter is practicing, offering to practice or by implication purporting to be qualified to practice any board regulated profession or occupation. The board shall give notice of the hearing by mailing a copy of the complaint to the person's last known address by certified mail return receipt requested.
B.  If after the hearing the board determines that based on the evidence the person committed a violation under section 32‑145, it, in addition to any other sanction, action or remedy, shall issue an order that imposes a civil penalty of no more than two thousand dollars per violation.
C.  In determining the amount of the civil penalty it imposes, the board shall consider:
1.  The seriousness of the violation.
2.  The economic benefit to the violator that was generated by the violator's commission of the violation.
3.  The violator's history of violations.
4.  Any other considerations the board deems appropriate.
D.  Except as provided in section 41‑1092.08, subsection H, a person may seek judicial review of a final administrative decision made or order issued pursuant to this section pursuant to title 12, chapter 7, article 6.
E.  If a person fails to pay a civil penalty that the board imposes within thirty days after the board issues the order or if the order is stayed pending appeal within ten days after the court enters a final judgment in favor of the board, the board shall notify the attorney general. The attorney general may commence a civil action to recover the penalty.
F.  An action to enforce an order that was issued under this section may be combined with a petition for injunction under section 32‑106.01.
G.  The board shall deposit, pursuant to sections 35‑146 and 35‑147, all civil penalties collected under this section in the state general fund.
32-107 Executive Director; duties; compensation
A.  The board may employ an executive director to conduct investigations and carry out the purposes of this chapter.
B.  The executive director shall be the custodian of the records of the board, receive applications for registration and lay them before the board, file complaints with the proper officials against violators of any provision of this chapter, assist in the prosecution of such cases and perform other duties the board prescribes.
C.  The executive director is eligible to receive compensation as determined pursuant to section 38‑611.
 
32-108 Annual report; filing copies of lists of registrants
In January of each year the board shall make a report to the governor which shall be accompanied by a copy of the list of registrants.  A copy of the list shall also be filed with the secretary of state, and with the clerk of the board of supervisors of each county.
32-109 Technical registration fund
A.  Pursuant to sections 35‑146 and 35‑147, the executive director shall deposit ten per cent of all fees or other revenues received by the board in the state general fund to assist in defraying the cost of maintaining the state government and shall deposit the remaining ninety per cent in a separate fund, known as the technical registration fund, to be used only in defraying expenses of the board and in prosecuting violations of this chapter.
B.  Monies deposited in the technical registration fund pursuant to subsection A of this section shall be subject to the provisions of section 35‑143.01.
C.  In addition to the monies deposited in the technical registration fund pursuant to subsection A of this section, the technical registration fund consists of monies received pursuant to section 13‑3423. The monies that are received in the fund pursuant to this subsection shall be used:
1.  To pay the board's expenses associated with investigations and enforcement actions pursuant to section 12‑1000.
2.  For a county, city or town for remediation pursuant to section 12‑1000, subsection D.  Notwithstanding section 35‑143.01, the monies received pursuant to section 13‑3423 are not subject to legislative appropriation.
 
32-110 Immunity from personal liability
Members, agents and employees of the board, members of advisory committees and statutorily established committees of the board and registrants volunteering professional services to emergency services personnel at the scene of a disaster as part of an authorized board program are immune from personal liability with respect to acts done and actions taken in good faith within the scope of their authority.
 
32-111 Home inspector rules and standards committee
A.  A home inspector rules and standards committee of the state board of technical registration is established and consists of:
1.  Three home inspectors, one of whom is a resident of a county with a population of four hundred thousand persons or less, appointed by the board from a list of names any home inspector organization provides if the home inspector organization meets all of the following criteria:
(a)  Has at least forty members actively engaged in the practice of home inspection in this state.
(b)  Holds regular elections.
(c)  Publishes bylaws.
(d)  Maintains a code of ethics.
2.  Two members of the board of technical registration including:
(a)  An architect member of the board or an engineer member of the board appointed by the chairman.
(b)  The public member.
B.  The board may make appointments of home inspectors to the committee from the lists provided pursuant to subsection A, paragraph 1 of this section or from others having the necessary qualifications.
C.  The board appointed members serve staggered three year terms. These members shall be home inspectors, shall each have at least five years of experience as a home inspector and shall have passed the examination prescribed in section 32‑122.02. The board by a majority vote may remove any member for misconduct, incapacity or neglect of duty and may appoint a new member to complete a term.
D.  The committee is responsible for drafting and recommending to the board of technical registration:
1.  Criteria for home inspector certification.
2.  Standards for home inspection reports.
3.  Standards for written examinations.
4.  Standards for educational programs including course of study, home inspector‑in‑training programs and continuing education.
5.  Rules defining conduct.
6.  Recommendations for types of financial assurances as required in section 32‑122.02.
7.  Other rules and standards related to the practice of home inspectors.
E.  The committee shall make its initial recommendations within six months of appointment or the board may proceed without these recommendations. Thereafter the committee shall make recommendations within six months of a board request for recommendations.  The committee may initiate recommendations at any time it deems appropriate.
F.  The committee may participate in the investigation and review of home inspector complaints as provided by the board.
G.  Members of the home inspector rules and standards committee are eligible to receive compensation pursuant to title 38, chapter 4, article 1.
32-112  Environmental remediation rules and standards committee
A.  An environmental remediation rules and standards committee of the board is established and consists of:
1.  One industrial hygienist or toxicologist who is experienced in sampling and monitoring and indoor air quality issues and who is appointed by the board.
2.  One person who is experienced in operating a drug laboratory remediation firm and who is appointed by the board.
3.  One representative from the department of health services experienced in indoor air quality who is appointed by the director of the department of health services.
4.  One registered engineer or geologist who is experienced in environmental remediation and who is appointed by the board.
5.  One member of the board who is an engineer or a geologist.
B.  The initial members shall assign themselves by lot to terms of one, two and three years in office. All subsequent members serve three year terms of office. The board by a majority vote may remove any member for misconduct, incapacity or neglect of duty.
C.  The committee may participate in the investigation and review of drug laboratory remediation complaints as authorized by the board.
D.  The committee is responsible for drafting and recommending to the board best practices and standards for remediation of residual contamination found on real property from the manufacture of methamphetamine, ecstasy or LSD or the storage of chemicals or equipment used in manufacturing methamphetamine, ecstasy or LSD.
 
32-113 Preemption; power of local authorities
A.  The state legislature determines that the licensure, certification or registration of alarm businesses and alarm agents is a matter of statewide concern.  The power to license, register or certify an alarm business or alarm agent is preempted by this state.
B.  The board, a county, a city, including a charter city, or a town shall not require an alarm business to provide any information regarding the alarm subscribers of the alarm business without a court order.
C.  A county, city, including a charter city, or town that violates this section shall reimburse a prevailing party for fees and expenses. A court may assess civil penalties against the county or city.
ARTICLE 2. REGISTRATION AND CERTIFICATION
 
32-121 Certificate or registration required for practice
Except as otherwise provided in this section, a person or firm desiring to practice any board regulated profession or occupation shall first secure a certificate or registration and shall comply with all the conditions prescribed in this chapter. An alarm business or an alarm agent may install alarms as follows:
1.  The alarm business has submitted an application for certification pursuant to section 32‑122.05 or is a licensed contractor pursuant to chapter 10 of this title.
2.  The alarm agent has submitted an application and fingerprints to the board pursuant to section 32‑122.06.
 
32-122 Qualifications for in‑training registration
A.  An applicant for in‑training registration as an architect, engineer, geologist or landscape architect shall:
1.  Be of good moral character and repute.
2.  Be a graduate of a school approved by the board or have four years or more, or if an applicant for in‑training registration as an architect, five years or more, of education or experience, or both, in work in the profession in which registration is sought that meets standards specified by the board in its rules.
3.  Unless exempt under section 32‑126, subsection D, pass the in‑training examination in the profession in which registration is sought.
B.  An applicant for in‑training registration as an assayer or land surveyor shall:
1.  Be of good moral character and repute.
2.  Be a graduate of a school and curriculum approved by the board, or have four years or more of education or experience, or both, in work in the profession in which registration is sought that meets standards specified by the board in its rules.
3.  Unless exempt under section 32‑126, subsection D, pass the in‑training examination in the profession in which registration is sought.
C.  An applicant for in‑training registration as a home inspector‑in‑training shall:
1.  Be of good moral character and repute.
2.  Meet the requirements of section 32‑122.02, subsection A, paragraphs 1 through 7.
32-122.01 Qualifications for professional registration
A.  An applicant for professional registration as an architect, engineer, geologist or landscape architect shall:
1.  Be of good moral character and repute.
2.  Be actively engaged in education or experience, or both, in the profession for which registration is sought for at least eight years.
3.  Unless exempt under section 32‑126, pass the in‑training and professional examinations in the profession in which registration is sought.
B.  An applicant for professional registration as an assayer or land surveyor shall:
1.  Be of good moral character and repute.
2.  Be actively engaged in education or experience, or both, in the profession for which registration is sought for at least six years.
3.  Unless exempt under section 32‑126, pass the in‑training and professional examinations in the profession in which registration is sought.
C.  In computing the period of active engagement required under this section:
1.  Each year of study satisfactorily completed in an architectural, engineering, geological or landscape architectural school approved by the board is equivalent to one year of active engagement up to a maximum of five years.  One year or more of teaching architectural, engineering, geological or landscape architectural subjects in a school approved by the board is equivalent to one year of active engagement.
2.  Each year of study satisfactorily completed in an assaying or land surveying curriculum and school approved by the board is considered equivalent to one year of active engagement up to a maximum of four years. One year or more of teaching assaying or land surveying or other courses approved by the board as pertinent to the profession in which registration is sought in a school approved by the board is equivalent to one year of active engagement.
D.  Except as provided in subsection E of this section, experience credited by the board under this section and sections 32‑101, 32‑122 and 32‑126 must be attained under the direct supervision of a professional who is satisfactory to the board and registered in this state, another state or a foreign country in the profession in which the applicant is seeking registration, except that up to one year's experience may be attained under the direct supervision of a professional who is satisfactory to the board and registered in another profession regulated under this chapter in this state, another state or a foreign country.
E.  By two‑thirds majority vote the board may allow an applicant except for an architect applicant to meet the requirements of subsection D of this section by crediting comparable experience satisfactory to the board that the applicant attained without direct supervision of a registered professional.
 
32-122.02 Certification of home inspectors; insurance
A.  An applicant for certification as a home inspector shall:
1.  Be at least eighteen years of age.
2.  Be of good moral character and repute.
3.  Have passed within two years preceding application, or within five years preceding application if the application is made by December 31, 2002, a written examination that is approved by the board and that meets the competency standards recommended by the home inspector rules and standards committee and adopted by the board.
4.  Have passed a course of study and a home inspector‑in‑training program that meets the standards recommended by the home inspector rules and standards committee and approved by the board.
5.  Pay a fee as determined by the board and shall submit a full set of fingerprints to the board for the purpose of obtaining a state and federal criminal records check pursuant to section 41‑1750 and Public Law 92‑544.  The department of public safety may exchange this fingerprint data with the federal bureau of investigation. Any documents and information relating to the state and federal criminal records check required by this section are not public records.
6.  Not have had a certificate denied or revoked pursuant to this chapter within one year immediately preceding the application.
7.  Have received an absolute discharge from sentence at least five years before the application if the person has been convicted of one or more felonies, provided the board determines the applicant is of good moral character and repute.
8.  Provide evidence of the applicant's ability to obtain financial assurance as provided by subsection B of this section.
B.  Within sixty days after certification, a home inspector certified pursuant to this chapter shall file one of the following financial assurances pursuant to rules recommended by the home inspector rules and standards committee and adopted by the board:
1.  Errors and omissions insurance for negligent acts committed in the course of a home inspection in an amount of two hundred thousand dollars in the aggregate and one hundred thousand dollars per occurrence.
2.  A bond in the amount of twenty‑five thousand dollars or proof that minimum net assets have a value of at least twenty‑five thousand dollars.
3.  A financial assurance mechanism with a value of at least twenty‑five thousand dollars recommended by the home inspector rules and standards committee and approved by the board.
C.  If a home inspector loses or otherwise fails to maintain a required financial assurance the certification shall be automatically suspended and shall be reinstated if a financial assurance is obtained within ninety days. If a financial assurance is not obtained within ninety days the certification shall be automatically revoked.
D.  A home inspector is subject to this chapter and rules adopted pursuant to this chapter.
 
32-122.03 Certification of on‑site supervisors
A.  An applicant for certification as an on‑site supervisor shall be all of the following:
1.  At least eighteen years of age.
2.  Of good moral character and repute.
3.  Trained pursuant to state and federal occupational safety and health administration regulations in addition to annual renewal training required for the handling of and exposure to contaminated materials, chemicals or contaminated equipment and other requirements as prescribed by the board.
B.  An applicant for certification as an on‑site supervisor shall file an application on a form provided by the board. The application shall include proof that the applicant has successfully completed the requirements of subsection A, paragraph 3.
 
 
32-122.04 Certification of on‑site workers
A.  An applicant for certification as an on‑site worker shall be all of the following:
1.  At least eighteen years of age.
2.  Of good moral character and repute.
3.  Trained pursuant to state and federal occupational safety and health administration regulations in addition to annual renewal training required for the handling of and exposure to contaminated materials, chemicals or contaminated equipment and other requirements as prescribed by the board.
B.  An applicant for certification as an on‑site worker shall file an application on a form provided by the board. The application shall include proof that the applicant has successfully completed the requirements of subsection A, paragraph 3.
 
 
32-122.05 Certification of alarm businesses; application; fingerprinting; fee; renewal
A.  Beginning May 1, 2013, the board shall issue certificates to alarm businesses and alarm agents. Beginning October 1, 2013, a person shall not operate an alarm business unless the person obtains an alarm business certificate from the board.  A separate certificate is required for each business name under which an alarm business conducts business or advertises except that one certificate may be used for two businesses with the same ownership. To obtain an alarm business certificate, each controlling person of the alarm business shall submit a completed fingerprint card and a fingerprint background check fee to the board. On receipt of the application and each year thereafter on the anniversary of the initial certification for as long as the alarm business is certified, the board shall submit the fingerprints of each controlling person to the department of public safety for the purpose of obtaining a state and federal criminal records check pursuant to section 41-1750 and Public Law 92‑544. The department of public safety may exchange this fingerprint data with the federal bureau of investigation. Each controlling person of the alarm business shall submit a fingerprint background check fee to the board annually on the anniversary of the initial certification of the alarm business. The board shall keep and maintain the fingerprint card for as long as the person is the controlling person of the alarm business. All alarm business certificates issued pursuant to this article are valid for two years from the date of issuance.
B.  A person shall submit an application for an alarm business certificate or renewal of the certificate to the board.  The application shall include:
1.  The name, business address, mailing address and telephone number of the alarm business. If the applicant is a corporation, general or limited partnership, limited liability company or other legal entity, the applicant shall state the name of the applicant exactly as shown in its articles of incorporation, charter, certificate of limited partnership, articles of organization or other organizational documents, as applicable, together with the state and date of incorporation and the names, residence addresses and dates of birth of each controlling person. If one or more of the partners, members or shareholders of the applicant is a corporation or other legal entity, the provisions of this subsection relating to information required of a corporation apply.
2.  If the applicant is a corporation, general or limited partnership, limited liability company or other legal entity, designation of one of its designated controlling persons to have full authority and act as principal. The designated person shall complete and sign all application forms required of an individual alarm agent applicant under this article. The applicant shall also provide a copy of the corporation, partnership or limited liability company formation documents.
3.  The name of the applicant and each controlling person, any alias or other name used or by which the applicant or any controlling person has been previously known, the applicant's current residence and business addresses, telephone numbers, including fax numbers, and electronic mail addresses.
4.  The names and addresses of the alarm agents who are employed by the alarm business.
5.  Proof that the applicant and each controlling person are at least eighteen years of age as indicated on a current driver license or other picture identification document that is issued by a governmental agency.
6.  Two current two inch by two inch photographs of the applicant.
7.  Information as to whether the applicant or any controlling person, or the business on behalf of which the certificate is being applied for, has ever been refused or denied any similar registration, certificate, license or permit or has had any similar license or permit revoked, canceled or suspended and the reason or reasons for the revocation, cancellation or suspension.
C.  In addition to the application requirements prescribed in subsection B of this section, an applicant for an alarm business certificate shall pay a fee as determined by the board.
D.  An applicant for an alarm business certificate or an applicant for a renewal of an alarm business certificate shall notify the board, in writing, of any change in the information contained in the certificate application or renewal application.  The applicant shall notify the board within fifteen calendar days after the occurrence of the change.
E.  An alarm business shall file an application for a certificate renewal with the board no later than fourteen days before the expiration of the certificate that is currently in effect. If a certificate expires without the alarm business having submitted a timely application for renewal, the holder of the expired certificate shall file a new application for an initial certificate.
 
32-122.06 Certification of alarm agents; fingerprinting; fee
A.  Each alarm agent shall apply for an alarm agent certification and a renewal certification card from the board. The board shall issue or deny an alarm agent certification card or a renewal certification card within ten business days after receiving the application. All alarm agent certificates issued pursuant to this article are valid for two years from the date of issuance.
B.  In order to obtain an alarm agent certificate, a person shall submit an application and pay a fee as determined by the board. The person shall submit a completed fingerprint card and a fingerprint background check fee to the board. On receipt of the application and each year thereafter on the anniversary of the initial certification for as long as the person is an alarm agent, the board shall submit the alarm agent's fingerprints to the department of public safety for the purpose of obtaining a state and federal criminal records check pursuant to section 41‑1750 and Public Law 92‑544. The department of public safety may exchange this fingerprint data with the federal bureau of investigation.  For as long as the person is an alarm agent:
1.  The person shall submit a fingerprint background check fee to the board annually on the anniversary of the person's initial certification.
2.  The board shall keep and maintain the fingerprint card.
C.  A person shall apply for an alarm agent certificate within five working days after being employed by an alarm business. A person may not work as an alarm agent until the application is processed and approved unless under the direct supervision of a certified alarm agent.
D.  An alarm agent shall physically possess the agent's alarm agent certification card when performing or authorizing the performance of any task pursuant to this chapter.
E.  An alarm agent certificate card becomes the personal property of the person to whom it is issued. The person shall retain possession of the card.
 
32-122.07 Denial of alarm business and alarm agent certification; appeal
A.  The board shall deny an application for certification as an alarm business or alarm agent if a controlling person of an alarm business or an alarm agent has been convicted of any of the following:
1.  Theft.
2.  Burglary.
3.  Robbery or armed robbery.
4.  Criminal trespass.
5.  Sexual abuse of a vulnerable adult.
6.  Abuse of a vulnerable adult.
7.  Sexual assault.
8.  Any offense involving the exploitation of a minor.
9.  Molestation of a child.
10.  Homicide, including first or second degree murder and negligent homicide.
11.  Distribution, manufacture or sale of marijuana, dangerous drugs or narcotic drugs if committed less than three years before the date of applying for certification.
12.  Kidnapping.
13.  Fraud by persons authorized to provide goods or services.
B.  If the board denies an application for certification as an alarm business or an alarm agent, it shall send notice of its action by certified mail to the applicant, setting forth the reasons for the action taken.
C.  Within thirty days after the date of the notice, the applicant may request a hearing before the board pursuant to title 41, chapter 6, article 10.
 
32-123 Application for registration and certification
A.  A person desiring to practice any board regulated profession or occupation shall make application for registration or certification on a form prescribed by the board, subscribed under penalty of perjury and accompanied by the appropriate application fee prescribed by the board.  If the evidence submitted satisfies the board that the applicant is fully qualified to practice the profession or occupation for which registration or certification is asked, it shall grant the applicant a certificate of registration or certification, signed by the chairman and secretary and attested by the official seal.  If the applicant seeks registration as a professional engineer, the certificate of registration shall list the proficiency designation in the branch of engineering in which the applicant has demonstrated proficiency.
B.  A registered professional engineer who desires to practice land surveying shall apply for professional registration as a land surveyor and satisfy the requirements set forth in section 32‑122.01, subsection B.
C.  If in the judgment of the board the applicant has not furnished satisfactory evidence of qualifications for registration or certification, it may require additional data or may require the applicant to submit to an additional oral or written examination specified by the board in its rules.
D.  If the application is denied, the application fee shall be returned, less the cost of considering the application, as determined by the board.
 
32-124 Schedule of fees; exemption
A.  The board shall establish a schedule of fees for the following:
1.  Examinations.
2.  Applications.
3.  Renewals.
4.  Board publications.
5.  Computer printouts of names of registrants.
6.  Photocopies.
7.  Copies of audiotapes, videotapes, computer discs or other media used for recording sounds, images or information.
8.  Replacement certificates of registration.
9.  Review of examinations.
10.  Regrading of examinations.
11.  Returned checks.
B.  The board is exempt from the requirements of title 41, chapter 6 in establishing a fee schedule for the fees in subsection A, paragraphs 1, 2, 3, 9 and 10.
 
32-125 Seals for registrants
A.  The board shall adopt and prescribe seals for use by registrants who are required by the board to use seals.  Each seal shall bear the name of the registrant and shall state the profession in which the registrant is permitted to practice and, in the case of engineering, the branch or branches of engineering in which the registrant has demonstrated proficiency, and other data the board deems pertinent.
B.  Plans, specifications, plats or reports prepared by a registrant or a registrant's bona fide employee shall be issued under the registrant's seal if the board requires the registrant to use a seal.
C.  It is unlawful for a registrant whose certificate has expired or has been revoked or suspended to use the seal.
D.  It is unlawful for any nonregistrant to cause or permit the illegal use of a registrant's seal, signature or stamp on any document prepared by the nonregistrant.
E.   If the board requires a registrant to use a seal, the registrant is responsible for all documents that the registrant signs, stamps or seals, including those documents prepared by the registrant's bona fide employee.
 
32-126 Exemptions from examination requirement
A.  The board shall waive the examination requirement for an applicant, other than an applicant for professional registration as a land surveyor, who satisfies any one of the following:
1.  Holds a valid certificate of registration in good standing issued by another state or foreign country which has or had requirements for registration substantially identical to those of this state.
2.  Holds a certificate of qualification in good standing issued by a national bureau of registration or certification recognized by the board.
3.  Has been actively engaged in another state or foreign country as a professional registrant in the profession in which registration is sought for at least ten years and holds a valid certificate of registration in good standing issued by that state or country.
B.  A registered professional engineer who holds a proficiency designation in one branch of engineering in this state and seeks an additional or different proficiency designation shall submit evidence to the board of either:
1.  Four years of experience acceptable to the board as a registered professional engineer practicing in that branch of engineering in which the person seeks the proficiency designation.
2.  Successful completion of the professional examination in the branch of engineering in which the applicant seeks the proficiency designation.
C.  An applicant for professional registration as a land surveyor who satisfies any one of the requirements of subsection A shall pass the part of the professional land surveyor examination relating to surveying methods and legal principles in this state prescribed by the board in its rules.
D.  The board shall exempt an applicant from the in‑training examination if the applicant is a graduate of a school and curriculum approved by the board and has been actively engaged in experience in the profession for which registration is sought for at least twelve years after graduation.
 
32-127 Renewal of certification or registration; delinquency penalty; inactive status; renewal fees; home inspector‑in‑training requirement
A.  The board shall establish a system for renewing certification or registration.
B.  Except as provided in section 32-4301, certificates of registration or certification are invalid after their expiration date unless renewed by payment of the required renewal fee.  If the renewal fee is not paid prior to the expiration date, it shall be accompanied by a penalty fee equal to one‑sixth of the renewal fee for each year or fraction of a year of delinquency.
C.  The board shall cancel a certificate of registration or certification if it has remained invalid for one renewal period and shall require a new application, accompanied by the application fee for reregistration or recertification.
D.  A registrant shall not practice, offer to practice or advertise if the certificate of registration or the certification is inactive or invalid.
E.  A registrant who retires from the active practice of any board regulated profession or occupation or who is not currently practicing that board regulated profession or occupation in this state may request that the board place the registrant's certificate of registration or certification on inactive status. The registrant shall submit the request in writing to the board.
F.  If the board has invalidated, pursuant to subsection B of this section, the certificate of registration of a registrant who seeks to place the certificate of registration on inactive status, the registrant shall submit all penalty fees that are due with the registrant's application for inactive status.
G.  A registrant shall not place the registrant's certificate of registration on inactive status if the person's certificate of registration has been canceled by the board pursuant to subsection C of this section.
H.  A registrant who holds an inactive certificate of registration may apply to the board to reactivate the certificate of registration. The board shall reactivate an inactive certificate of registration if the registrant submits a completed application on a form prescribed by the board and meets the qualifications for professional registration set forth in section 32‑122.01.  A registrant who seeks reactivation of the registrant's certificate of registration and who has not been engaged in the profession in which the registrant seeks reactivation for the five years immediately preceding the date of the application for reactivation shall take the applicable professional examination.
I.  The board shall establish the renewal fee for each certificate or registration issued pursuant to this chapter.
J.  The board may not renew the registration of a home inspector‑in‑training if the registrant has not passed within two years preceding renewal application a written examination approved by the board pursuant to section 32‑122.02, subsection A, paragraph 3.
 
 
32-128. Disciplinary action; letter of concern; judicial review
A.  The board may take the following disciplinary actions, in combination or alternatively:
1.  Revocation of a certification or registration.
2.  Suspension of a certification or registration for a period of not more than three years.
3.  Imposition of an administrative penalty of not more than two thousand dollars for each violation of this chapter or rules adopted pursuant to this chapter.
4.  Imposition of restrictions on the scope of the registrant's practice.
5.  Imposition of peer review and professional education requirements.
6.  Imposition of probation requirements that are best adapted to protect the public safety, health and welfare and that may include a requirement for restitution payments to professional services clients or to other persons suffering economic loss resulting from violations of this chapter or rules adopted pursuant to this chapter.
7.  Issuance of a letter of reprimand informing a person regulated under this chapter of a violation of this chapter or rules adopted by the board.
B.  The board may issue a letter of concern if the board believes there is insufficient evidence to support disciplinary action against the registrant or home inspector but sufficient evidence for the board to notify the registrant or home inspector of the board's concern. A letter of concern is a public document.
C.  The board may take disciplinary action against the holder of a certificate or registration under this chapter who is charged with the commission of any of the following acts:
1.  Fraud or misrepresentation in obtaining a certificate of qualification, whether in the application or qualification examination.
2.  Gross negligence, incompetence, bribery or other misconduct in the practice of the profession.
3.  Aiding or abetting an unregistered or uncertified person to evade this chapter or knowingly combining or conspiring with an unregistered or uncertified person, or allowing one's registration or certification to be used by an unregistered or uncertified person or acting as agent, partner, associate or otherwise of an unregistered or uncertified person, with intent to evade this chapter.
4.  Violation of this chapter or board rules.
5.  Failing to pay a collaborating registered professional within seven calendar days after the registrant receives payment from a client unless specified otherwise contractually between the prime professional and the collaborating registered professional. For the purposes of this paragraph, "collaborating registered professional" means a registered professional with whom the prime professional has a contract to perform professional services.
D.  The board may make investigations, employ investigators and expert witnesses, appoint members of advisory committees and conduct hearings to determine whether a disciplinary action should be taken against the holder of a certificate or registration under this chapter.
E.  An investigation may be initiated on receipt of an oral or written complaint. The board, on its own motion, may direct the executive director to file a verified complaint charging a person with a violation of this chapter or board rules and shall give notice of the hearing pursuant to title 41, chapter 6, article 10. The secretary or executive director shall then serve upon the accused, by either personal service or certified mail, a copy of the complaint together with notice setting forth the charge or charges to be heard and the time and place of the hearing, which shall not be less than thirty days after the service or mailing of notice.
F.  A person who has been notified of charges pending against the person shall file with the board an answer in writing to the charges not more than thirty days after service of the complaint and notice of hearing. If a person fails to answer in writing, it is deemed an admission by the person of the act or acts charged in the complaint and notice of hearing. The board may then take disciplinary action pursuant to this chapter without a hearing.
G.  A disciplinary action may be informally settled by the board and the accused either before or after initiation of hearing proceedings.
H.  On its determination that any person has violated this chapter or a rule adopted pursuant to this chapter, the board may assess the person with its reasonable costs and expenses, including attorney fees, incurred in conducting the investigation and administrative hearing. All monies collected pursuant to this subsection shall be deposited, pursuant to sections 35‑146 and 35‑147, in the technical registration fund established by section 32‑109 and shall only be used by the board to defray its expenses in connection with investigation related training, disciplinary investigations and hearings. Notwithstanding section 35‑143.01, these monies may be spent without legislative appropriation.
I.  The board shall immediately notify the secretary of state and clerk of the board of supervisors of each county in the state of the suspension or revocation of a certificate or of the reissuance of a suspended or revoked certificate.
J.  Except as provided in section 41‑1092.08, subsection H, final decisions of the board are subject to judicial review pursuant to title 12, chapter 7, article 6.
 
 
32-129 Confidentiality
A.  Examination material, file records of examination grading and performance, transcripts of educational institutions, letters of inquiry and reference concerning applicants and board inquiry forms concerning applicants are confidential and are not subject to inspection pursuant to title 39, chapter 1, article 2.
B.  Investigation files of any investigation are confidential and are not subject to inspection pursuant to title 39, chapter 1, article 2 until the matter is final, a hearing notice is issued pursuant to title 41, chapter 6, article 10 or the matter is settled by consent order. However, the registrant shall be informed of the investigation and the public may obtain information that an investigation is being conducted and of its general nature.
C.  Informal conferences held by advisory committees are confidential and are not open to the public.  All information, including any minutes or reports created or obtained pursuant to an informal conference, is confidential until the matter is final, a hearing notice is issued pursuant to title 41, chapter 6, article 10 or the matter is settled by consent order. The board may discuss matters that are being reviewed by an advisory committee in open session but may not introduce confidential documents into public board records.
 
 
32-130 Review of drawings, plans or design specifications by public agencies
Any modifications, except for building code compliance reviews, field inspections and applicable design standards, to drawings, plans or design specifications submitted for review to the state or a political subdivision of the state and that are made by a professional registrant employed or under contract with the state or a political subdivision of the state shall be signed by and issued under the seal of the reviewing registrant.
 
 
32-131. Remediation specialist certification program
A.  The remediation specialist certification program shall provide for certification of persons who have a combined total of at least eight years of appropriate education and professional experience in remediation including three years of experience supervising remediations.  A person is deemed to have appropriate education if the person has a baccalaureate degree in biology, chemistry, environmental sciences, geology, hydrogeology, engineering, earth sciences, soil sciences, toxicology, hazardous waste management or hydrology, or other disciplines as established by the board by rule.
B.  A person desiring to practice as a remediation specialist pursuant to title 49, chapter 1, article 4 shall apply for registration on a form prescribed by the board. Applicants shall pass examinations required by the board for certification under the program.
C.  A person is not eligible for certification as a remediation specialist if any of the following applies:
1.  The person has been convicted of a felony involving a transaction in securities or consumer fraud in any state or federal jurisdiction within the seven year period immediately preceding the application.
2.  The person has been convicted of a felony, the essential elements of which consisted of fraud, misrepresentation or theft by false pretenses in any state or federal jurisdiction within the seven year period immediately preceding the application.
3.  The person has been subject to an injunction, judgment, decree or permanent order of any state or federal court within the seven year period immediately preceding the application that related to a violation of fraud or consumer fraud laws or a violation of securities law of that jurisdiction.
4.  The person has been convicted of a felony or misdemeanor that had a reasonable relationship to the person's occupation or to the environment within the seven year period immediately preceding the application.
5.  The person has violated any provision of this chapter or rules adopted pursuant to this chapter.
D.  Each applicant for certification shall pay a fee as determined by the board and shall submit a full set of fingerprints to the board for the purpose of obtaining a state and federal criminal records check pursuant to section 41‑1750 and Public Law 92‑544.  The department of public safety may exchange this fingerprint data with the federal bureau of investigation.
E.  Except for any documents and information relating to the state and federal criminal records check prescribed by subsection D of this section, documents and information provided to the board of technical registration pursuant to this section are public records.
 
 
 
ARTICLE 3. REGULATORY PROVISIONS
 
 
32-141 Firm registration
A.  A firm shall not engage in the practice of any board regulated profession or occupation unless the firm is registered with the board and the professional services are conducted under the full authority and responsible charge of a principal of the firm, who is also a registrant.
B.  A person shall file a registration application for each branch office that is located in this state and that is part of a firm registered with the board. The branch office application shall list a designated registrant having full authority and responsible charge of the professional services of that branch office. The designated registrant in a branch office need not be a principal of the firm.
C.  A firm wishing to offer professional services in this state shall file with the board an application for registration on a form provided by the board and accompanied by the appropriate application fee as prescribed by the board. Firms shall also identify responsible registrants by the registrant's registration certificate number.  Each firm shall list a description of the services the firm is offering to the public.  The board shall be notified in writing within thirty days of any change occurring in the registered principals, any change in the firm's name or address or any change in a branch office address or designated registrant. Except as provided in section 32‑4301, a new application shall be filed each year by the firm within thirty days of the anniversary date of the original firm registration.
D.  No firm may advertise its availability to perform home inspections by home inspectors certified pursuant to this chapter unless each home inspection is performed by a home inspector certified pursuant to this chapter and each home inspection report is prepared as a result of the inspector's on‑site observation.
E.  A drug laboratory site remediation firm shall provide both of the following:
1.  The name of the on‑site supervisor who is authorized and responsible for the services being offered.
2.  Proof that the firm is licensed by the registrar of contractors pursuant to chapter 10 of this title.
 
 
32-142 Public works
A.  Drawings, plans, specifications, estimates and construction observation for public works of the state or a political subdivision thereof involving architecture, engineering, assaying, geology, landscape architecture or land surveying shall be prepared by or under the direct supervision of a registrant within the category involved.
B.  Surveys, maps or assays required in connection with public land surveying or assaying shall be made by or under the personal direction of a qualified registrant.
C.  Drawings, plans, design specifications and construction observation of public works facilities of the state or a political subdivision thereof for the use or storage of hazardous materials shall be made by or under the direct supervision of a qualified registrant in the appropriate field.
 
 
32-143 Exceptions
An architect, geologist, engineer or landscape architect registered under this chapter may engage in practice in another category regulated pursuant to this chapter only to the extent that the person is qualified and to the extent that the work may be necessary and incidental to the work of the registrant's profession on a specific project.  This exception does not apply to public works projects.
 
 
32-144 Exemptions and limitations
A.  Professions and occupations regulated by the board may be practiced without compliance with the requirements of this chapter by:
1.  An officer or employee of the United States, practicing as such.
2.  An employee of a registrant or of a person exempt from registration, if such employment does not involve direct responsibility for design, inspection or supervision.
3.  A nonregistrant who designs, alters or adds to a detached single family dwelling.
4.  A nonregistrant who designs a one or two story building or structure in which the square footage of the floor area measured to the outside surface of the exterior walls does not exceed three thousand square feet, that is not intended for occupancy by more than twenty persons on a continuous basis and in which the maximum span of any structural member does not exceed twenty feet unless a greater span is achieved by the use of wood or steel roof or floor trusses or lintels approved by an engineer registered by the board.
5.  A nonregistrant who designs additions or alterations to a one or two story building or structure subject to the limitations set forth in paragraph 4 of this subsection.  A nonregistrant may exceed the maximum three thousand square foot limitation set forth in paragraph 4 of this subsection for a one‑time single addition not exceeding one thousand five hundred square feet as measured to the outside surface of the exterior walls and designed for the purpose of storage of chattels.
6.  A nonregistrant who designs a water or wastewater treatment plant, or extensions, additions, modifications or revisions, or extensions to water distribution or collection systems, if the total cost of such construction does not exceed twelve thousand five hundred dollars.
7.  A nonregistrant who designs buildings or structures to be erected on property owned or leased by the nonregistrant or by a person, firm or corporation, including a utility, telephone, mining or railroad company, which employs the nonregistrant on a full‑time basis, if the buildings or structures are intended solely for the use of the owner or lessee of the property, are not ordinarily occupied by more than twenty people, are not for sale to, rental to or use by the public and conform to the building code adopted by the city, town or county in which the building is to be erected or altered.
8.  A nonregistrant who provides horticultural consultations or prepares planting plans for plant installations.
B.  A registrant who performs any of the activities described in subsection A, paragraphs 3 through 8 is subject to the requirements of this chapter.
C.  The requirements of this chapter shall not apply to work done by any communications common carrier or its affiliates or any public service corporation or manufacturing industry or by full‑time employees of any of them, provided such work is in connection with or incidental to the products, systems or nonengineering services of such communications common carrier or its affiliates or public service corporation or manufacturing industry, and provided that the engineering service is not offered directly to the public.
D.  An individual shall not perform home inspections unless the individual is certified as a home inspector pursuant to this chapter, except that nothing in this chapter prevents:
1.  A person who is licensed, certified or registered pursuant to this chapter or another chapter in this title from acting within the scope of the person's license, certification or registration.
2.  A person who is employed by a governmental entity from inspecting residential structures if the inspection is within official duties and responsibilities.
3.  A person from performing a home inspection if the inspection will be used solely by a bank, savings and loan association or credit union to monitor progress on the construction of a residential structure, unless otherwise required by federal law or regulation.
4.  A person who is employed as a property manager for a residential structure and whose official duties and responsibilities include inspecting the residential structure from performing a home inspection on the structure if the person does not receive separate compensation for the inspection work.
E.  No person including a person described in subsection D may use any letterhead, advertisement, communication or other device to represent that the person is a home inspector unless the person is certified as a home inspector pursuant to this chapter.
 
 
32-145. Violations; classification
Any person who commits any of the following acts is guilty of a class 2 misdemeanor:
1.  Practices, offers to practice or by any implication holds himself out as qualified to practice any board regulated profession or occupation if the person is not registered or certified as provided by this chapter.
2.  Advertises or displays any card, sign or other device that may indicate to the public that the person is certified or registered or is qualified to practice any board regulated profession or occupation if the person is not certified or registered as provided by this chapter.
3.  Uses "certified", "professional certified", "professional", "PE", "registered", "registered professional" or "professional registered" in conjunction with any board regulated profession or occupation if the person is not certified or registered as provided by this chapter.
4.  Uses a certification or certificate of registration of another, or uses an expired or revoked certification or certificate of registration.
5.  Presents false evidence to the board with the intent to obtain a certification or a certificate of registration.
6.  Otherwise violates any provision of this chapter.
 
 
32-146 Malpractice claim review
A.  On the filing of a complaint in any malpractice action the plaintiff's attorney shall forward a copy of the complaint to the board and a report containing the information required in subsection B.
B.  The report required by subsection A shall contain the following information:
1.  The name and address of each defendant.
2.  The name and address of each plaintiff.
3.  The names and addresses of each registrant providing services to the plaintiff.
4.  A statement specifying the nature of the occurrence resulting in the malpractice action.
C.  The report required by subsection A is not discoverable and not admissible as evidence.
D.  On receipt of a report required by subsection A, the board shall initiate an investigation into the matter to determine if the registrant against whom the claim is filed is in violation of any provision of this chapter or any rule promulgated under this chapter.
 
32-147 Board reports; immunity
Any person may report to the board any information the person may have which appears to show grounds for disciplinary action under the provisions of this chapter or rules of the board.  A person who reports or provides information to the board in good faith is not subject to an action for civil damages as a result, and the person's name shall not be disclosed if confidentiality is requested by the person, unless the person's testimony is essential to the disciplinary proceedings conducted under this section.
 
32-148 Refusal to obey a subpoena; contempt
A person who refuses to obey a subpoena issued by the board shall be certified by the board to the superior court in the county in which service was made for contempt proceedings.
 
32-149 Transcript copies; cost
The board shall provide copies of the written transcript of a hearing conducted under the authority of this chapter and all evidence submitted to a person appealing a board decision at that person's expense and without charge to the court in which an appeal is taken.
 
32-150 Failure to comply with board orders; penalty
Failure to comply with any final order of the board, including an order of censure or probation, is cause for suspension or revocation of a license.
 
32-151 Certify; certification
The use of the word "certify" or "certification" by a person or firm that is registered or certified by the board is an expression of professional opinion regarding facts or findings that are the subject of the certification and does not constitute an express or implied warranty or guarantee.
 
32-152. As built plans; definition
A.  If a person or firm that is registered or certified by the board is required to provide as built plans for improvements or grading, and the plans show changes during the construction process, the following apply:
1.  If the registered or certified professional provided construction phase services on the project that include supervision of the construction of engineering structures, the plans shall be based on field observations of the registered or certified professional or the professional's agents and information received from the project owner, project contractors and public agencies.
2.  If the registered or certified professional did not provide construction phase services on the project that include supervision of the construction of engineering structures, the plans shall be based on information received from the project owner, project contractors and public agencies, but need not be based on a field verification or investigation of the improvements or grades unless the registered or certified professional is engaged to provide the field verification services.
3.  The registered or certified professional shall not be required to include a certificate or statement on as built plans that is inconsistent with or varies from the provisions of this section.
B.  For the purposes of this section, "as built plans" means plans that document the registered or certified professional's final plans and that include all changes made to the plans in the actual project construction. As built plans include as constructed plans and record plans.
 

 

 
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