Summary


Nonsubstantive formatting changes are made throughout almost all sections of this rule to eliminate surplus language and to reorganize and renumber the rule for clarity. In particular, as described below, these changes break up lengthy sections that describe requirements for all three professions (professional engineer, professional structural engineer, and professional surveyor). These lengthy sections have been divided into shorter, more readable sections that address each profession separately. In Section R156-22-302b, technical changes are made for better comprehension and consistent formatting; in particular, this long section is trimmed to include only professional engineer and professional structural engineer education requirements. The new Section R156-22-302c amendments only make formatting changes. This new section, formerly part of Section R156-22-302b, separates the education requirements for professional land surveyors. In Section R156-22-302d, the proposed substantive change to this renumbered section removes the requirement that each applicant for licensure is to provide, in addition to a supervisor's verification, another verification from a person who has personal knowledge of the applicant's knowledge, ability, and competence to practice. The Professional Engineers and Professional Land Surveyors Licensing Board has deemed this extra verification requirement unnecessary and onerous. The new Section R156-22-302e amendments only make formatting changes. This new section, formerly part of Section R156-22-302c, separately itemizes the experience requirements specific to a professional engineer. The new Section R156-22-302f amendments only make formatting changes. This new section, formerly part of Section R156-22-302c, separately itemizes the experience requirements specific to a professional structural engineer. The new Section R156-22-302g amendments only make formatting changes. This new section, formerly part of Section R156-22-302c, separately itemizes the experience requirements specific to a professional land surveyor. In the new Section R156-22-302h, the substantive change to this renumbered section codifies the existing process an applicant for licensure as a professional engineer must follow to be permitted to sit for the required exams. In particular, the language clarifies that the applicant is to register directly with NCEES. In the new Section R156-22-302i, this new section formerly part of Section R156-22-302d, is a formatting change that separately itemizes the exam requirements for a professional structural engineer. The proposed substantive change to this section codifies the existing process an applicant for licensure as a professional structural engineer must follow to be permitted to sit for the required exams; in particular, the language clarifies that the applicant is to register directly with NCEES. In the new Section R156-22-302j, this new section formerly part of Section R156-22-302d, is a formatting change that separately itemizes the exam requirements for a professional land surveyor. Additional formatting changes to this section include the removal of language regarding licensure by endorsement; this language has been moved to the sections corresponding to each profession. The proposed substantive change to this section codifies the existing process an applicant for licensure as a professional land surveyor must follow to be permitted to sit for the required exams; in particular, the language clarifies that the applicant is to register directly with NCEES. In Section R156-22-304, the proposed substantive amendment to this section clarifies that a 50-minute block of professional education constitutes a qualified continuing professional education "hour". In Section R156-22-305, the proposed amendments make a small formatting change for better comprehension. In Section R156-22-502, the proposed amendments incorporate by reference the "Rules of Professional Conduct", as published in the NCEES Model Rules, revised August 2016, and then delete duplicate language that is no longer required. The net effect of these amendments is to conform Utah's standards of professional conduct to nationwide industry standards, including incorporation of the following three standards of professional conduct found in the NCEES Model Rules that were not previously contained within this section: 1) Licensee?s Obligation to the Public; 2) Licensee?s Obligation to Employer and Clients; and 3) Licensee?s Obligation to Other Licensees. In Section R156-22-503, the proposed amendments incorporate fines as a result of S.B. 184 (2017) and discussions of the Professional Engineer and Professional Land Surveyor Licensing Board. Specifically, these amendments increase the fines for violation of Subsection 58-1-501(1)(a) (practicing without a license) from $800 to $1,000 for a first offense and from $1,600 to $2,000 for a second offense. Additionally, the fines for violations of Subsections 58-22-501(3), 58-22-501(4), and 58-22-501(5) are all increased from $800 for a first offense to $1,000 and from $1,600 to $2,000 for a second offense. These proposed amendments also add fines for certain unprofessional conduct violations under Sections 58-1-501, 58-22-501, and 58-22-502.5. No change is made to fines for third or ongoing offenses. In Section R156-22-601, the proposed amendments make a small formatting change for better comprehension.