CHAPTER 1. REGULATION OF ENGINEERS; CREATION OF BOARD
IC 25-31
ARTICLE 31. PROFESSIONAL ENGINEERS
IC 25-31-1
Chapter 1. Regulation of Engineers; Creation of Board
IC 25-31-1-1
Repealed
(Repealed by P.L.215-1993, SEC.32.)
IC 25-31-1-2
Definitions
Sec. 2. As used in this chapter:
(a) "Board" means the state board of registration for professionalengineers.
(b) "Professional engineer" means an individual who, by reasonof that individual's special knowledge of the mathematical andphysical sciences and the principles and methods of engineeringanalysis and design which are acquired by education and practicalexperience, is qualified to engage in the practice of engineering asattested by that individual's registration as a professional engineer.
(c) "Engineering intern" means an individual who:
(1) is a graduate from an approved engineering curriculum offour (4) years or more or who has acquired, through engineeringeducation and experience in engineering work, knowledge andskill approximating that obtained by graduation in an approvedengineering curriculum of four (4) years or more;
(2) has successfully passed an examination as prescribed insection 14 of this chapter; and
(3) has been issued by the board an appropriate certificate ofenrollment as an engineering intern.
(d) "Practice of engineering" means any service or creative workthat the adequate performance of requires engineering education,training, and experience in the application of special knowledge ofthe mathematical, physical, and engineering sciences to services orcreative work that includes the following:
(1) Consultation.
(2) Investigation.
(3) Evaluation.
(4) Planning, including planning the use of land and water.
(5) The design of or the supervision of the design ofengineering works and systems.
(6) Engineering surveys and studies or the supervision ofengineering surveys and studies, including all surveyingactivities required to support the sound conception, planning,design, construction, maintenance, and operation of engineeredprojects, but not including the surveying of real property for theestablishment of land boundaries, subdivisions, rights-of-way,easements, and the dependent or independent surveys orresurveys of the public land survey system. (7) Evaluation of construction for the purpose of assuringcompliance with specifications, plans, and designs, inconnection with any public or private utilities, structures,buildings, machines, equipment, processes, work systems, orprojects.
The term "practice of engineering" does not include the workordinarily performed by persons who operate or maintain machineryor equipment.
(e) "Approved engineering curriculum" means an engineeringcurriculum of four (4) years or more that has been approved by theboard. In approving the engineering curriculum, the board may takeinto consideration the standards of accreditation adopted by theAccreditation Board for Engineering and Technology.
(f) "Practice or offer to practice engineering" means the act of anindividual or a business who by verbal claim, sign, advertisement,letterhead, card, telephone listing, or in any other way represents theindividual or the business to be a professional engineer or whoperforms, or offers to perform, any acts or work involving thepractice of engineering.
(g) "Licensing agency" means the Indiana professional licensingagency established by IC 25-1-5-3.
(Formerly: Acts 1935, c.148, s.2; Acts 1947, c.262, s.2; Acts 1957,c.320, s.1; Acts 1961, c.277, s.1; Acts 1965, c.284, s.2; Acts 1969,c.279, s.1.) As amended by Acts 1981, P.L.222, SEC.229;P.L.132-1984, SEC.40; P.L.23-1991, SEC.14; P.L.215-1993, SEC.2;P.L.1-2006, SEC.475.
IC 25-31-1-3
State board of registration for professional engineers
Sec. 3. (a) The state board of registration for professionalengineers is created.
(b) The board consists of seven (7) members, six (6) of whomshall be registered professional engineers.
(c) One (1) member must be appointed to represent the generalpublic who is:
(1) a resident of this state; and
(2) not associated with professional engineering other than asa consumer.
(d) All members of the board shall be appointed by the governor.
(e) Six (6) professional engineer members shall be appointed tothe board and shall at the time of appointment consist of:
(1) one (1) member from industry;
(2) one (1) member from government;
(3) one (1) member from education;
(4) two (2) members from private practice; and
(5) one (1) member at large.
(f) A person appointed as a professional engineer member of theboard must:
(1) be a citizen of the United States;
(2) have been a resident of this state for a period of at least five
(5) years immediately before the time of the member'sappointment;
(3) be registered as a professional engineer and must have beenengaged in the lawful practice of engineering for at least twelve(12) years; and
(4) have been in responsible charge of engineering work orengineering teaching for at least five (5) years.
(g) Every member of the board shall be appointed for a term offour (4) years and shall serve until the member's successor isappointed and qualified.
(h) Every member of the board shall receive a certificate ofappointment from the governor, and, before beginning the member'sterm of office, file with the secretary of the board a written oath oraffirmation for the faithful discharge of the member's official duties.
(i) The governor may remove any member of the board at anytime for incompetency, neglect of duty, or for unprofessionalconduct.
(j) Any vacancy which may occur in the membership of the board,at any time, shall be filled by appointment by the governor for theunexpired term.
(Formerly: Acts 1935, c.148, s.3; Acts 1965, c.284, s.3; Acts 1967,c.94, s.1.) As amended by Acts 1981, P.L.222, SEC.230;P.L.23-1991, SEC.15; P.L.215-1993, SEC.3.
IC 25-31-1-4
Compensation and expenses of board members
Sec. 4. (a) The members of the board shall receive a salary perdiem for each and every day, or part of a day, while they are in actualattendance of any meeting of the board, or while they are engaged inthe performance of the official business of the board. The salary perdiem is in addition to any allowance, prescribed by the laws of thestate, for subsistence and travel within Indiana.
(b) Any member of the board, or the secretary of the board, maybe authorized by the board to attend any engineering conference, ormeeting, held outside of Indiana, the major purpose of the meetingbeing the consideration of problems directly associated with theregistration of professional engineers. Any member of the board, inaddition to any subsistence and travel allowance as prescribed by thelaws of the state for travel outside of Indiana, shall receive a salaryper diem for each and every day, or part of a day, while the boardmember is in actual attendance of any engineering conference ormeeting held outside of Indiana, or while en route to and from theconference or meeting.
(Formerly: Acts 1935, c.148, s.4; Acts 1957, c.320, s.2.) As amendedby Acts 1976, P.L.119, SEC.23; Acts 1981, P.L.222, SEC.231;P.L.23-1991, SEC.16; P.L.215-1993, SEC.4.
IC 25-31-1-5
Meetings of board; organization; quorum
Sec. 5. (a) The board shall hold in the city of Indianapolis at least
two (2) regular meetings each year and special meetings as the boardconsiders necessary. Regular and special meetings must be held attimes and places as the rules of the board may provide. Notice of allmeetings must be given according to IC 5-14-1.5.
(b) The board shall elect, annually, from its own members, achairman and a vice chairman.
(c) A quorum of the board consists of four (4) members and noofficial action of any meeting may be taken without at least four (4)votes being in accord.
(d) Suitable office quarters shall be provided by the state for theuse of the board in the city of Indianapolis. This office may be sharedwith the state board of registration for land surveyors.
(Formerly: Acts 1935, c.148, s.5.) As amended by Acts 1982,P.L.113, SEC.75; P.L.23-1991, SEC.17; P.L.215-1993, SEC.5.
IC 25-31-1-6
Secretary of board; duties; employees
Sec. 6. (a) The licensing agency shall provide the board with acompetent individual to serve as secretary of the board. The secretarymay not be a member of the board. The secretary, through thelicensing agency, shall keep a true and complete record of allproceedings of the board and perform any other duties, prescribed inthis chapter, as may be assigned by the board.
(b) The board shall be provided by the licensing agency whateverclerical or other assistants, including investigators, as may benecessary for the proper performance of its duties.
(c) The licensing agency may assign joint personnel to work forboth the board and the state board of registration for land surveyors.
(Formerly: Acts 1935, c.148, s.6; Acts 1957, c.320, s.3.) As amendedby Acts 1981, P.L.222, SEC.232; P.L.132-1984, SEC.41;P.L.23-1991, SEC.18; P.L.215-1993, SEC.6.
IC 25-31-1-7
Enforcement and administration of chapter by board
Sec. 7. (a) The board shall enforce and administer the provisionsof this chapter, and adopt rules, not inconsistent with theConstitution and laws of this state, as may be reasonably necessaryfor the proper performance of its duties and the regulations of theproceedings before it. The board shall adopt rules establishingstandards for the competent practice of engineering and for theadministration of the registered professional engineers and registeredengineering interns investigative fund established by section 35 ofthis chapter. Any rulemaking by the board shall be in accordancewith IC 4-22-2.
(b) The board shall adopt and have an official seal.
(Formerly: Acts 1935, c.148, s.7.) As amended by Acts 1981,P.L.222, SEC.233; P.L.23-1991, SEC.19; P.L.215-1993, SEC.7;P.L.194-2005, SEC.77.
IC 25-31-1-8 Hearings and subpoenas
Sec. 8. The provisions of IC 4-21.5 govern the board's proceduresfor conducting hearings and issuing subpoenas for witnesses andother evidence.
(Formerly: Acts 1935, c.148, s.8; Acts 1947, c.262, s.3; Acts 1965,c.284, s.4.) As amended by Acts 1982, P.L.154, SEC.101;P.L.215-1993, SEC.8.
IC 25-31-1-9
Disposition of receipts; fee
Sec. 9. (a) Except as provided in IC 25-31-1-35 and subsection(b), the licensing agency shall receive and account for all moneycollected under the provisions of this chapter and shall deposit themoney with the treasurer of state to be deposited by the treasurer ofstate in the general fund of the state.
(b) In addition to the registration fee established under section13(c) of this chapter, the board shall establish a fee of not more thantwenty dollars ($20) for registered professional engineers andregistered engineering interns to be paid at the time of:
(1) issuance of a certificate of registration; and
(2) renewal of a certificate of registration;
under this article to provide funds for administering and enforcingthis article, including investigating and taking action against personsviolating this article. All funds collected under this subsection shallbe deposited into the registered professional engineers and registeredengineering interns investigative fund established by section 35 ofthis chapter.
(Formerly: Acts 1935, c.148, s.9.) As amended by Acts 1976,P.L.119, SEC.24; P.L.215-1993, SEC.9; P.L.194-2005, SEC.78;P.L.177-2006, SEC.7.
IC 25-31-1-10
Records
Sec. 10. (a) The board shall keep a record of its proceedings anda record of all applications for registration. The record shall show:
(1) the name, age, and residence of each applicant;
(2) the date of the application;
(3) the place of business of the applicant;
(4) the applicant's education and other qualifications;
(5) whether or not an examination was required;
(6) whether or not the applicant was rejected;
(7) whether a certificate of registration was granted;
(8) the date of the action of the board; and
(9) any other information as may be deemed necessary by theboard.
(b) The records of the board are prima facie evidence of theproceedings of the board.
(c) A transcript of the proceedings certified by the chairman andattested by the secretary of the board, under its seal, shall beadmissible in evidence with the same force and effect as if the
original were produced.
(Formerly: Acts 1935, c.148, s.10; Acts 1961, c.277, s.2.) Asamended by Acts 1979, P.L.17, SEC.48; P.L.215-1993, SEC.10.
IC 25-31-1-11
Repealed
(Repealed by P.L.132-1984, SEC.55.)
IC 25-31-1-12
Qualifications for registration
Sec. 12. (a) The following under either subdivision (1) or (2) shallbe considered as minimum evidence that the applicant is qualified forregistration as a professional engineer:
(1) All of the following:
(A) Graduation in an approved engineering curriculum offour (4) years or more.
(B) A specific record of four (4) years or more ofprogressive experience on engineering projects of sufficientquality acquired subsequent to graduation, which experienceindicates that the applicant is qualified to be placed inresponsible charge of engineering work requiring theexercise of judgment in the application of engineeringsciences to the sound solution of engineering problems.
(C) The successful passing of an examination as providedfor in section 14 of this chapter.
(2) All of the following:
(A) A specific record of eight (8) years or more ofengineering education and experience in engineering work,which indicates that the applicant has acquired knowledgeand skill and practical experience in engineering workapproximating that required for registration as a professionalengineer under subdivision (1).
(B) The successful passing of an examination as providedfor in section 14 of this chapter.
(b) The following under either subdivision (1) or (2) shall beconsidered as minimum evidence that the applicant is qualified forcertification as an engineering intern:
(1) All of the following:
(A) Graduation in an approved engineering curriculum offour (4) years or more.
(B) The successful passing of an engineering internexamination as provided in section 14 of this chapter.
(2) All of the following:
(A) A specific record of four (4) years or more ofengineering education and experience in engineering workindicating that the applicant has acquired knowledge andskill approximating that acquired through graduation in anapproved engineering curriculum of four (4) years or more.
(B) The successful passing of an engineering internexamination as provided in section 14 of this chapter. (c) The board may waive the examination under section 14 of thischapter to any applicant who has been granted a certificate ofregistration under section 21 of this chapter.
(d) An individual is not eligible for registration as a professionalengineer or certification as an engineering intern if the individual hasbeen convicted of:
(1) an act which would constitute grounds for disciplinarysanction under IC 25-1-11; or
(2) a felony that has a direct bearing on the individual's abilityto practice competently.
(e) In considering the qualifications of applicants, responsiblecharge of engineering teaching shall be construed as responsiblecharge of engineering work. An applicant who holds a degree ofmaster of science of engineering or the equivalent thereof from acurriculum in engineering approved by the board may be given amaximum credit of one (1) year of experience in addition to thecredit of four (4) years of education. An applicant who holds adegree of doctor of philosophy or the equivalent thereof from acurriculum in engineering approved by the board may be given amaximum of credit of two (2) years of experience in addition to acredit of four (4) years of education. Graduation in a course otherthan engineering from a college or university acceptable to the boardmay be considered as equivalent to two (2) years engineeringexperience and education. The mere execution, as a contractor ofwork designed by a professional engineer, or the supervision of theconstruction of such work as a foreman or superintendent shall notbe deemed to be engineering experience.
(f) Any person having the necessary qualifications to be registeredunder this chapter is eligible for registration although the individualmay not be engaged in the practice of engineering at the time theapplication is made.
(Formerly: Acts 1935, c.148, s.12; Acts 1947, c.262, s.4; Acts 1957,c.320, s.5; Acts 1961, c.277, s.3; Acts 1965, c.284, s.6; Acts 1969,c.279, s.2.) As amended by Acts 1981, P.L.222, SEC.234; Acts 1982,P.L.113, SEC.76; P.L.23-1991, SEC.20; P.L.1-1992, SEC.133;P.L.215-1993, SEC.11; P.L.214-1993, SEC.80.
IC 25-31-1-13
Application for registration; fees
Sec. 13. (a) An individual applying for registration as aprofessional engineer or for certification as an engineering internshall apply for registration or certification on a form prescribed andprovided by the board. Each application for registration shall containstatements showing the education and qualifications of the applicantand a detailed summary of the technical work performed by theapplicant. An application for registration as a professional engineershall be accompanied by the names of five (5) persons to be used asreferences, at least three (3) of whom are professional engineers whohave a personal knowledge of the experience of the applicant. Eachapplication for a certification as an engineering intern must contain
statements showing the education of the applicant, and except for anapplication for an examination to be given during the applicant'ssenior year, the application shall be accompanied by the names ofthree (3) persons to be used as references. All applications shall becertified to by the applicant as to the correctness of the statementscontained in the application.
(b) A person who knowingly makes a false statement in theapplication commits a Class A misdemeanor.
(c) The amount of registration fees for a professional engineer andfor an engineering intern shall be fixed and determined by the boardunder IC 25-1-8-2. The board shall also in its rules prescribe themanner and the time for the paying of registration fees.
(d) In the event the board refuses to issue a certificate ofregistration to any person who has made proper application forregistration as a professional engineer, any initial fee prescribed bythe board and deposited with the board by an applicant shall beretained by the board as an application fee.
(e) In the event the board refuses to issue a certificate to anyperson who has made proper application for certification as anengineering intern, the fee prescribed by the board and deposited bythe applicant with the board shall be retained as an application fee.
(Formerly: Acts 1935, c.148, s.13; Acts 1947, c.262, s.5; Acts 1957,c.320, s.6; Acts 1961, c.277, s.4; Acts 1965, c.284, s.7; Acts 1969,c.279, s.3.) As amended by Acts 1978, P.L.2, SEC.2553;P.L.23-1991, SEC.21; P.L.215-1993, SEC.12.
IC 25-31-1-14
Examination; reexamination
Sec. 14. (a) The examination required of all applicants forregistration as a professional engineer shall be a written examinationwhich shall be divided into the following two (2) parts, each of eight(8) hours duration:
(1) Engineering fundamentals.
(2) Principles and practice of engineering.
The board may adopt rules under IC 4-22-2 establishing additionalexamination requirements.
(b) The engineering fundamentals portion of the examination shallbe designed to test the applicant's knowledge of mathematics and thephysical and engineering sciences. The standards of proficiencyrequired shall approximate that attained by graduation in an approvedfour (4) year engineering curriculum.
(c) The principles and practice of the engineering portion of theexamination shall be designed primarily to test the applicant'sunderstanding of, and judgment and ability to apply correctly, theprinciples of:
(1) mathematics;
(2) the physical sciences;
(3) the engineering sciences; and
(4) engineering design analysis and synthesis;
to the practice of professional engineering. A part of the examination
may be designed to test the applicant's knowledge and understandingof the ethical, economic, and legal principles relating to the practicesof professional engineering.
(d) An applicant for registration as a professional engineer whoholds an engineering intern certificate issued in Indiana or in anyother state or territory having equivalent standards may be exemptedfrom the engineering fundamentals portion of the examination.
(e) An applicant must successfully pass the engineeringfundamentals portion of the examination before taking the principlesand practice portion of the examination.
(f) Examinations shall be held at times and places as determinedby the board at least two (2) times each year. Examinations forcertification as an engineering intern may be held separately from theexaminations for registration as a professional engineer.
(g) An applicant for registration as a professional engineer whois presently registered in another state or territory may be assigneda written examination as the board deems necessary to meet therequirements of this chapter.
(h) An applicant for registration as a professional engineer whofails in the first examination may request to be readmitted for asecond examination at either of the next two (2) regularly scheduledexaminations. Upon application and at the discretion of the board, anapplicant who misses:
(1) the originally scheduled examination; or
(2) the next two (2) regularly scheduled examinations;
may be given permission to appear for another regularly scheduledexamination. The amount of fee to be paid for each examination shallbe determined by the board under IC 25-1-8-2.
(i) If an applicant who has failed three (3) or more examinationsreapplies and submits evidence of acquiring additional knowledgefor the examination, the board may give the applicant approval totake subsequent examinations.
(Formerly: Acts 1935, c.148, s.14; Acts 1947, c.262, s.6; Acts 1957,c.320, s.7; Acts 1961, c.277, s.5; Acts 1969, c.279, s.4.) As amendedby Acts 1980, P.L.166, SEC.6; P.L.23-1991, SEC.22; P.L.215-1993,SEC.13; P.L.194-2005, SEC.79.
IC 25-31-1-15
Issuance of certificate of registration; certificate of enrollment
Sec. 15. (a) The board shall issue a certificate of registration,upon the payment of the fee prescribed by the board underIC 25-1-8-2 and the fee established by section 9(b) of this chapter, toany applicant who, in the opinion of the board, has satisfactorily metall requirements of this chapter. In the case of a professionalengineer, the certificate shall authorize the practice of "professionalengineering". The certificate of registration shall:
(1) show the full name of the registrant;
(2) bear a serial number and date; and
(3) be signed by a designee of the board.
The issuance of any certificate of registration by the board under this
chapter is evidence that the individual named on the certificate isentitled to all the rights and privileges of a registered professionalengineer from the date on the certificate until it expires or is revoked.
(b) The board shall issue a certificate of enrollment upon thepayment of the certificate fee prescribed by the board underIC 25-1-8-2 to any applicant who, in the opinion of the board, hassatisfactorily met all of the requirements of this chapter. In the caseof an engineering intern, the certificate shall state that the applicanthas successfully passed the examination in engineering fundamentalsand has been enrolled as an engineering intern. The certificate ofenrollment shall:
(1) show the full name of the enrollee;
(2) bear a serial number and date; and
(3) be signed by the director of the licensing agency.
The issuance of a certificate of enrollment by the board is evidencethat the individual named on the certificate is entitled to all the rightsand privileges of an engineering intern while the certificate remainsunrevoked or until it expires.
(Formerly: Acts 1935, c.148, s.15; Acts 1947, c.262, s.7; Acts 1969,c.279, s.5.) As amended by Acts 1982, P.L.154, SEC.102;P.L.23-1991, SEC.23; P.L.215-1993, SEC.14; P.L.194-2005,SEC.80; P.L.177-2006, SEC.8.
IC 25-31-1-16
Seal
Sec. 16. (a) The granting of registration extends to the registrantthe authority to use a seal of a design approved by the board bearingthe registrant's name, registration number, and the legend"professional engineer".
(b) During the period of time that a registrant's certificate is valid,the registrant is authorized to apply the registrant's seal to plans,specifications, studies, drawings, and reports. Applying theregistrant's seal attests that:
(1) the work embodies the engineering work of the registrant;
(2) the registrant or an employed subordinate supervised by theregistrant prepared the documents, and in the context ofengineered plans "prepared" refers to the registrant's control anddirection of the engineering work and design process;
(3) the registrant assumes full professional responsibility for thedocuments; and
(4) the work meets standards of acceptable engineering practice.
(c) It is unlawful for any person to stamp or seal any documentwith a seal after the certificate of the registrant named on the seal hasexpired or has been revoked.
(Formerly: Acts 1935, c.148, s.16; Acts 1961, c.277, s.6.) Asamended by P.L.23-1991, SEC.24; P.L.215-1993, SEC.15.
IC 25-31-1-17
Expiration and renewal of certificate
Sec. 17. (a) Unless a certificate is renewed, a certificate issued
under this chapter expires on a date specified by the licensing agencyunder IC 25-1-6-4 and expires biennially after the initial expirationdate. An applicant for renewal shall submit an application in themanner prescribed by the board and pay the renewal fee establishedby the board under IC 25-1-8-2 on or before the renewal datespecified by the licensing agency.
(b) If the holder of a certificate does not renew the certificate bythe date specified by the licensing agency, the certificate expires andbecomes invalid without the board taking any action.
(c) The failure on the part of a registrant to renew a certificatedoes not deprive the registrant of the right of renewal.
(d) If a certificate has been expired for not more than three (3)years, the certificate may be reinstated by the board if the holder ofthe certificate meets the requirements for reinstatement underIC 25-1-8-6(c).
(e) If a certificate has been expired for more than three (3) years,the certificate may be reinstated by the board if the holder of thecertificate meets the requirements for reinstatement underIC 25-1-8-6(d).
(Formerly: Acts 1935, c.148, s.17; Acts 1961, c.277, s.7; Acts 1965,c.284, s.8; Acts 1969, c.279, s.6.) As amended by P.L.215-1993,SEC.16; P.L.194-2005, SEC.81; P.L.105-2008, SEC.59.
IC 25-31-1-17.5
Continuing education rules
Sec. 17.5. (a) The board may adopt rules requiring a professionalengineer to obtain continuing education for renewal of a certificateunder section 17 of this chapter.
(b) If the board adopts rules under this section, the rules must dothe following:
(1) Establish an inactive certificate of registration that:
(A) does not require the holder of an inactive certificate toobtain continuing education; and
(B) prohibits the holder of an inactive certificate frompracticing engineering.
(2) Establish requirements for reactivation of an inactivecertificate.
As added by P.L.215-1993, SEC.17.
IC 25-31-1-18
Corporate practice
Sec. 18. (a) A registration certificate for a professional engineermay be issued only to a natural person.
(b) A business, including a proprietorship, partnership, orcorporation, doing business in Indiana may not practice or offer topractice engineering unless that practice is carried on under theresponsible direction and supervision of a registered professionalengineer who is a full-time employee of the business. All plans,sheets of designs, specifications, reports, studies, or otherengineering documents that require certification and are prepared by
the personnel of a business must carry the signature and seal of theregistered professional engineer who is in responsible charge of theprofessional engineering work.
(Formerly: Acts 1935, c.148, s.18; Acts 1957, c.320, s.8; Acts 1961,c.277, s.8; Acts 1967, c.95, s.1.) As amended by P.L.23-1991,SEC.25; P.L.215-1993, SEC.18.
IC 25-31-1-19
Public projects; employment of professional engineer
Sec. 19. (a) A county, city, town, township, school corporation,or other political subdivision of this state may not engage in theconstruction or maintenance of any public work involving thepractice of engineering for which plans, specifications, and estimateshave not been prepared, certified, and sealed by, and the constructionand maintenance executed under the direct supervision of, aprofessional engineer. Any contract executed in violation of thissection is void.
(b) An official of this state, or of any city, town, county, township,or school corporation, charged with the enforcement of any law,ordinance, or rule relating to the design, construction, or alterationof buildings or structures may not use or accept or approve any plansor specifications that have not been prepared by, or under thesupervision of and certified by, a registered professional engineer.This subsection does not apply:
(1) to plans or specifications prepared by, or under thesupervision of and certified by, an architect who is registeredunder IC 25-4-1;
(2) to structures and construction listed in IC 22-15-3-3(a); or
(3) to plans or specifications contained in a registration, license,or permit application, including an application for an initialpermit, the renewal of a permit, the modification of a permit, ora variance from a permit submitted to the commissioner of thedepartment of environmental management under IC 13, unlessthe permit is for the approval of plans or specifications forconstruction for which a professional engineer's seal is requiredby operation of either state or federal law, rule, or regulation.This subsection does not require a professional engineer's sealfor an application for an air quality construction permit under326 IAC 2-1-3.
This section shall not be construed as to abridge or otherwise affectthe powers of any state board or department to issue rules governingthe safety of buildings or structures.
(c) All maps required to show the underground workings of anymine in Indiana must be prepared, certified, and sealed by aprofessional engineer or land surveyor.
(Formerly: Acts 1935, c.148, s.19; Acts 1947, c.262, s.8; Acts 1957,c.320, s.9; Acts 1961, c.277, s.9; Acts 1965, c.284, s.9.) As amendedby P.L.8-1984, SEC.121; P.L.23-1991, SEC.26; P.L.215-1993,SEC.19; P.L.82-1994, SEC.30; P.L.246-1995, SEC.1.
IC 25-31-1-20
Exempt persons
Sec. 20. (a) An employee or a subordinate of any person whoholds a certificate of registration under the provisions of this chapteris exempt from the provisions of this chapter if the practice of theemployee or subordinate does not include responsible charge ofdesign or supervision.
(b) This chapter does not require registration for the purpose ofpracticing engineering by an individual or a business:
(1) on property owned or leased by that individual or businessunless the engineering practice involves the public health orsafety, or the health or safety of the employees of thatindividual or business;
(2) for the performance of engineering which relates solely tothe design or fabrication of manufactured products; or
(3) that is registered as a landscape architect under IC 25-4-2and while the individual or business is engaged in the practiceof landscape architecture planning the use of land or water.
(Formerly: Acts 1935, c.148, s.20; Acts 1947, c.262, s.9; Acts 1951,c.125, s.1; Acts 1961, c.277, s.10; Acts 1969, c.279, s.7.) As amendedby Acts 1982, P.L.154, SEC.103; P.L.23-1991, SEC.27; P.L.1-1993,SEC.198; P.L.215-1993, SEC.20.
IC 25-31-1-21
License by reciprocity
Sec. 21. The board may, upon application and payment of a feeestablished by the board in the board's rules, issue a certificate ofregistration as a professional engineer to an individual who holds avalid certificate of registration as a professional engineer, issued tothe applicant by the proper authority of any state or territory orpossession of the United States if the requirements for registration ofprofessional engineers that the certificate of registration was issuedunder do not conflict with the provisions of this chapter. Indetermining the qualifications of an applicant, the board may acceptthe verified professional record of the applicant that is certified bythe National Council of Examiners for Engineers and Surveyors.However, an applicant meets the experience requirement undersection 12 of this chapter if the applicant:
(1) has at least three (3) years of engineering work experienceafter the applicant graduates from an approved engineeringcurriculum but before the applicant successfully passes anexamination required under section 14 of this chapter; and
(2) has been registered or licensed as a professional engineer inanother state for at least ten (10) years.
(Formerly: Acts 1935, c.148, s.21; Acts 1957, c.320, s.10; Acts 1965,c.284, s.10; Acts 1969, c.279, s.8.) As amended by Acts 1982,P.L.154, SEC.104; P.L.23-1991, SEC.28; P.L.215-1993, SEC.21;P.L.194-2005, SEC.82.
IC 25-31-1-22 Repealed
(Repealed by Acts 1981, P.L.222, SEC.296.)
IC 25-31-1-22.1
Repealed
(Repealed by P.L.214-1993, SEC.91.)
IC 25-31-1-23
Repealed
(Repealed by P.L.214-1993, SEC.91.)
IC 25-31-1-24
Conduct of hearings
Sec. 24. All hearings conducted by the board shall be heldpursuant to IC 4-21.5-3.
(Formerly: Acts 1935, c.148, s.24; Acts 1965, c.284, s.12.) Asamended by Acts 1977, P.L.172, SEC.47; P.L.7-1987, SEC.128;P.L.214-1993, SEC.81; P.L.215-1993, SEC.24.
IC 25-31-1-25
Judicial review
Sec. 25. An applicant or a registrant who is aggrieved by an orderor determination of the board is entitled to a judicial review underIC 4-21.5.
(Formerly: Acts 1935, c.148, s.25; Acts 1965, c.284, s.13.) Asamended by Acts 1982, P.L.154, SEC.105; P.L.3-1989, SEC.148;P.L.215-1993, SEC.25.
IC 25-31-1-26
Issuance of duplicate certificate
Sec. 26. A certificate of registration, or a certification as anengineering intern to replace a certificate which has been lost,destroyed, or mutilated, may be issued subject to the rules of theboard and the fee established under IC 25-1-8-2.
(Formerly: Acts 1935, c.148, s.26; Acts 1947, c.262, s.10; Acts 1961,c.277, s.12.) As amended by P.L.215-1993, SEC.26; P.L.235-1995,SEC.10.
IC 25-31-1-27
Practicing without license and other specific violations
Sec. 27. A person who:
(1) practices or offers to practice engineering without beingregistered or exempted under the laws of this state;
(2) presents as the person's own the certificate of registration orthe seal of another;
(3) gives any false or forged evidence of any kind to the boardor to any member of the board in obtaining a certificate ofregistration;
(4) impersonates any other registrant;
(5) uses an expired, suspended, or revoked certificate of
registration; or
(6) otherwise violates this chapter;
commits a Class B misdemeanor.
(Formerly: Acts 1935, c.148, s.27; Acts 1947, c.262, s.11.) Asamended by Acts 1978, P.L.2, SEC.2554; P.L.23-1991, SEC.30;P.L.215-1993, SEC.27.
IC 25-31-1-28
Enforcement; use of investigative fund
Sec. 28. (a) It is the duty of all law enforcement officers of thisstate, or any political subdivision, to enforce the provisions of thischapter and to apprehend and prosecute any person who violates anyof the provisions of this chapter.
(b) The attorney general shall act as the legal advisor of the boardand render any legal assistance as may be necessary in carrying outthe provisions of this chapter.
(c) The attorney general and the licensing agency may use theregistered professional engineers and registered engineering internsinvestigative fund established by section 35 of this chapter to hireinvestigators and other employees to enforce the provisions of thisarticle and to investigate and prosecute violations of this article.
(Formerly: Acts 1935, c.148, s.28.) As amended by Acts 1982,P.L.154, SEC.106; P.L.215-1993, SEC.28; P.L.194-2005, SEC.83.
IC 25-31-1-29
Injunctions
Sec. 29. (a) The attorney general, the prosecuting attorney of anycounty, the board, or a citizen of any county where a person who isnot exempted engages in the practice of engineering without firsthaving obtained a certificate of registration or without first havingrenewed an expired certificate of registration may, in accordancewith the provisions of the laws of this state governing injunctions,file an action in the name of the state of Indiana to enjoin that personfrom engaging in the practice of engineering until a certificate ofregistration is secured or renewed.
(b) Any person who has been enjoined and violates an injunctionshall be punished for contempt of court. An injunction does notrelieve a person engaged in the practice of engineering without acertificate of registration or without first having renewed an expiredcertificate of registration from a criminal prosecution.
(c) The remedy by injunction is in addition to any remedyprovided for herein for the criminal prosecution of the offender. Incharging any person in a complaint for violation of the provisions ofthis chapter by engaging in the practice of engineering without acertificate of registration or without having renewed an expiredcertificate of registration, it is sufficient to charge that the offender:
(1) on a certain day in a certain county practiced or offered topractice engineering; and
(2) was not registered or exempted under this chapter.
(Formerly: Acts 1935, c.148, s.29; Acts 1947, c.262, s.12.) As
amended by Acts 1982, P.L.154, SEC.107; P.L.23-1991, SEC.31;P.L.215-1993, SEC.29.
IC 25-31-1-30
Exemption from statutes relating to practice of architecture
Sec. 30. (a) Except as provided in IC 25-4-1-11, a personregistered as a professional engineer under this chapter is exemptfrom the provisions of any and all statutes in force in this stateregulating the practice of architecture.
(b) This chapter does not apply to an individual registered as anarchitect under IC 25-4-1. An architect, however, who is registeredunder IC 25-4-1 and exempted from this chapter may not use thedesignation "engineer" in any form or manner unless the architect isregistered under this chapter.
(Formerly: Acts 1935, c.148, s.30; Acts 1967, c.95, s.2.) As amendedby Acts 1982, P.L.154, SEC.108; P.L.215-1993, SEC.30.
IC 25-31-1-31
Repealed
(Repealed by P.L.23-1991, SEC.40.)
IC 25-31-1-32
Repealed
(Repealed by P.L.214-1993, SEC.91 and P.L.215-1993, SEC.32.)
IC 25-31-1-33
Reserved
IC 25-31-1-34
Use of engineer in political subdivision job title
Sec. 34. (a) This section does not apply to a job position filled bythe department of environmental management.
(b) Unless a job position is filled by a professional engineer, thestate or a political subdivision (as defined in IC 36-1-2-13) may notuse the word "engineer" in the position's job title.
As added by P.L.215-1993, SEC.31. Amended by P.L.16-1994,SEC.9.
IC 25-31-1-35
Investigative fund; administration by attorney general andlicensing agency; appropriation
Sec. 35. (a) The registered professional engineers and registeredengineering interns investigative fund is established to provide fundsfor administering and enforcing the provisions of this article,including investigating and taking enforcement action againstviolators of this article. The fund shall be administered by theattorney general and the licensing agency.
(b) The expenses of administering the fund shall be paid from themoney in the fund. The fund consists of money from the fee imposedupon registered professional engineers and registered engineering
interns under section 9(b) of this chapter.
(c) The treasurer of state shall invest the money in the fund notcurrently needed to meet the obligations of the fund in the samemanner as other public money may be invested.
(d) Money in the fund at the end of a state fiscal year does notrevert to the state general fund. If the total amount in the fundexceeds five hundred thousand dollars ($500,000) at the end of astate fiscal year after payment of all claims and expenses, the amountthat exceeds five hundred thousand dollars ($500,000) reverts to thestate general fund.
(e) Money in the fund is continually appropriated for use by theattorney general and the licensing agency to administer and enforcethe provisions of this article and to conduct investigations and takeenforcement action against persons violating the provisions of thisarticle.
As added by P.L.194-2005, SEC.84. Amended by P.L.177-2006,SEC.9.