State Codes and Statutes

Statutes > Wyoming > Title33 > Chapter29

CHAPTER 29 - SURVEYORS AND ENGINEERS

 

33-29-101. Repealed by Laws 1987, ch. 169, 3.

 

 

33-29-102. Repealed by Laws 1987, ch. 169, 3.

 

 

33-29-103. Repealed by Laws 1987, ch. 169, 3.

 

 

33-29-104. Repealed by Laws 1987, ch. 169, 3.

 

 

33-29-105. Repealed by Laws 1987, ch. 169, 3.

 

 

33-29-106. Repealed by Laws 1987, ch. 169, 3.

 

 

33-29-107. Repealed by Laws 1987, ch. 169, 3.

 

 

33-29-108. Repealed by Laws 1987, ch. 169, 3.

 

 

33-29-109. Repealed by Laws 1987, ch. 169, 3.

 

 

33-29-110. Repealed by Laws 1987, ch. 169, 3.

 

 

33-29-111. Renumbered by Laws 1987, ch. 169, 2.

 

 

33-29-112. Repealed by Laws 1987, ch. 169, 3.

 

33-29-113. Repealed by Laws 1987, ch. 169, 3.

 

 

33-29-114. Definitions.

 

 

(a) As used in this act:

 

(i) "Board" means the state board of registration forprofessional engineers and professional land surveyors;

 

(ii) "Engineer" means a person who, by reason ofspecial knowledge of the mathematical and physical sciences and the principlesand methods of engineering analysis and design, acquired by professionaleducation and practical experience, is qualified to practice engineering asattested by his registration as a professional engineer;

 

(iii) "Engineering practice" means professional serviceor work requiring engineering education, training and experience and theapplication of special knowledge of the mathematical, physical and engineeringsciences to the professional services or creative work as consultation,research investigation, teaching, evaluation, planning, surveying practice asdefined in subparagraphs (vii)(D) and (E) of this subsection, design, location,development and review of construction for conformance with contract documentsand design, in connection with any public or private utility, structure,building, machine, equipment, process, work or project. A person shall bedeemed to be practicing or offering to practice engineering if he practices anybranch of the profession of engineering, or by verbal claim, sign,advertisement, letterhead, card or any other manner represents himself to be aprofessional engineer, or quotes fees for professional engineering services, orexecutes contracts or agreements for professional engineering services or holdshimself out as able to perform or does perform any engineering servicerecognized by the board as engineering;

 

(iv) "Engineer-in-training" means a candidate forregistration as a professional engineer who is a graduate in an approvedengineering curriculum of four (4) or more years at a school approved by theboard or, until June 30, 1991, who has eight (8) years or more of education orexperience in engineering work which meets the standards specified by theboard. In addition the candidate shall have passed the engineer-in-training examination;

 

(v) "Land surveyor" means a person who by reason ofhis knowledge of the mathematical and physical sciences, principles of landsurveying and evidence gathering acquired by professional education andpractical experience is qualified to practice land surveying as attested by hisregistration as land surveyor;

 

(vi) "Land surveyor-in-training" means a candidate forregistration as a professional land surveyor who is a graduate of a school andcurriculum approved by the board, or who has six (6) to eight (8) years or moreof education or experience, or both, in land surveying work in a combinationwhich meets standards specified by the board. In addition, the candidate shallhave passed the land surveyor-in-training examination;

 

(vii) "Land surveying practice" means the performanceof one (1) or more of the following:

 

(A) Measurement of land to determine the position of anymonument or reference point which marks a property line, boundary or corner forthe 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 whichidentify land boundaries, rights-of-way or easements;

 

(C) Platting or plotting of lands for the purpose ofsubdividing;

 

(D) Measurement by angles, distances and elevations of naturalor man-made features in the air, in the surface and immediate subsurface of theearth, within underground workings and on the surface or within bodies of waterfor the purpose of determining or establishing their size, shape, topography,grades, contours or water surface and depths, and the preparation andperpetuation of field note records and maps depicting these features;

 

(E) Setting, resetting or replacing of points to guide thelocation of new construction;

 

(F) A person shall be deemed to be practicing or offering topractice land surveying if he by verbal claim, sign, advertisement, letterhead,card or any other manner represents himself to be a professional land surveyor,or quotes fees for professional land surveying services or executes contractsor agreements for professional land surveying services, or holds himself out asable to perform or does perform any land surveying service recognized by theboard as land surveying.

 

(viii) "Registrant" means any person registered with theboard under this act;

 

(ix) "This act" means W.S. 33-29-114 through33-29-139.

 

33-29-115. Creation of board.

 

(a) The state board of registration for professional engineersand professional land surveyors is created to consist of six (6) membersappointed by the governor for a term of four (4) years plus the state engineerwho shall serve during his term in office. The board shall be composed of:

 

(i) The state engineer;

 

(ii) A professional engineer and land surveyor in privatepractice;

 

(iii) Three (3) professional engineers, at least one (1) of whomis in a discipline other than civil;

 

(iv) A professional land surveyor not also a professionalengineer; and

 

(v) A public member, neither an engineer nor land surveyor.

 

(b) One (1) of the members in paragraph (a)(iii) of thissection shall be involved in engineering education at the university level.

 

(c) The governor may remove a member of the board as providedin W.S. 9-1-202. Appointment to fill a vacancy caused other than by expirationof term shall be for the unexpired portion of the term.

 

(d) Each member of the board shall receive a certificate ofappointment from the governor, and before beginning his term of office, heshall file with the secretary of state the constitutional oath of office.

 

33-29-116. Qualifications of board members.

 

 

(a) Each member of the board shall have been a resident of thestate for at least five (5) years immediately preceding appointment as amember.

 

(b) Each member who is an engineer or land surveyor shall havehad at least ten (10) years active professional experience as attested byregistration under this chapter.

 

33-29-117. Compensation of board members.

 

Eachmember of the board except the state engineer shall receive as salary the sumpaid each day to legislators for the time consumed in the performance of hisduties. Each member shall receive per diem and mileage allowance as allowed tostate employees. Compensation and expenses shall be paid only from the feescollected by the board.

 

33-29-118. Organization of board.

 

 

(a) The board shall biennially elect from its membership apresident and vice-president. The state engineer shall be the secretary-treasurerof the board and shall have charge of the records. The board shall hold atleast four (4) regular meetings each year and such special or called meetingsas the rules provide.

 

(b) Four (4) members constitute a quorum. No decision shall bemade unless it receives affirmative votes of at least four (4) members of theboard.

 

33-29-119. Powers and duties of board.

 

 

(a) Responsibility for enforcement of this act is vested in theboard. The board shall have all duties, powers and authority specificallygranted by and necessary to the enforcement of this act.

 

(b) The board may make, adopt, amend, repeal and enforcereasonable rules and regulations necessary for the proper administration andenforcement of this act.

 

(c) Powers and duties of the board include the following:

 

(i) Adopt an official seal for attestation of certificates ofregistration and other official papers and documents;

 

(ii) Consider and pass upon applications for registration;

 

(iii) Examine, certify, renew and recertify for registration ofduly qualified individuals;

 

(iv) Hear and pass upon complaints or charges or direct ahearing officer to hear and make recommendations to the board on complaints andcharges;

 

(v) Appoint professionals to committees to conductinvestigations, surveys, evaluations and other functions as the board deemsnecessary;

 

(vi) Determine and administer appropriate disciplinary actionagainst all individuals found guilty by the board of violating this act or therules and regulations of the board;

 

(vii) Compel attendance of witnesses, administer oaths and taketestimony concerning all matters coming within its jurisdiction;

 

(viii) Keep a record of its proceedings;

 

(ix) Keep a register which shall show the date of each applicationfor registration, the name of the applicant, the practice or branch of practicein which the applicant has applied for registration and the disposition of theapplication;

 

(x) Determine and collect reasonable registration and renewalfees not to exceed two hundred dollars ($200.00) each as established by therules and regulations of the board;

 

(xi) Perform such other duties as may be necessary to carry outthe purposes of this act.

 

(d) The board shall specify on the certificate of registrationand renewal card issued to each registered engineer the branch of engineeringin which the engineer has demonstrated proficiency and authorize him to use thetitle of registered professional engineer. The board shall decide whatbranches of engineering shall be recognized.

 

(e) The board may hold membership in and be represented atnational councils or organizations of professions registered under this act andmay pay the appropriate membership fees. The board may conduct standardexaminations on behalf of national councils and may establish fees for thoseexaminations.

 

(f) The board may employ persons as it deems necessary toadminister and enforce this act including persons paid on a fee basis toprepare and grade examinations given to applicants for registration and to fixthe fee to be paid for the services. The employees are authorized to prepare,grade and monitor examinations and perform other services the board authorizesand receive payment therefor.

 

(g) The board may adopt a nationally recognized code of ethicsfor the practice of engineering and land surveying for registrants.

 

(h) The board may require evidence it deems necessary toestablish the continuing competency of registrants as a condition of renewal oflicenses.

 

33-29-120. Petition for injunction.

 

 

(a) The district court shall issue an injunction forthwith upona petition filed as provided in this section to enjoin the practice ofengineering or land surveying by any person not registered to practice thoseoccupations or who is not exempt under this act from registration requirements.

 

(b) The district court of the district in which the offendingparty resides or the district court of Laramie county shall have originaljurisdiction of any injunction proceedings.

 

(c) In a petition for injunction pursuant to subsection (a) ofthis section, it shall be sufficient to charge that the respondent on a daycertain in a named county engaged in the practice of engineering or landsurveying without a registration and without being exempt under this act fromregistration requirements. No showing of actual damage or injury shall berequired.

 

(d) The petition shall be filed in the name of the state by theboard or at the request of the board by the attorney general or any county ordistrict attorney in any county where the respondent resides or may be found.

 

(e) Issuance of an injunction shall not relieve respondent frombeing subject to any other proceeding under this act. Any violation of aninjunction shall be punished as contempt of court.

 

33-29-121. Annual report of board; filing copies of lists ofregistrants.

 

InOctober of each year the board shall make a report to the governor which shallbe accompanied by a copy of the list of registrants. A copy of the list shallalso be filed with the secretary of state and with the clerk of each county.

 

33-29-122. Technical registration fund.

 

Thesecretary shall transmit to the state treasurer all fees or other revenuesreceived by the board to be credited to a separate account. Revenues of theboard shall be subject at all times to the warrant of the state auditor, drawnupon written requisition of the secretary of the board for payment of anyexpenses received by the board.

 

33-29-123. Immunity from personal liability.

 

 

(a) Members, agents and employees of the board, and any personreporting information to the board under oath, are immune from personalliability with respect to acts done and actions taken in good faith withoutfraud or malice.

 

(b) The immunity provided by this section shall extend to themembers of any professional review committee, investigator and witnessesappearing before the committee or board.

 

33-29-124. Certificate required for the practice of engineering or landsurveying.

 

Aperson desiring to practice the profession of engineering or land surveyingshall first secure a certificate of registration and shall comply with allconditions prescribed in this act.

 

33-29-125. Qualifications for in-training registration.

 

 

(a) An applicant for in-training registration as an engineershall:

 

(i) Be of good moral character and repute; and

 

(ii) Have a bachelor degree in an engineering curriculumapproved by the board; or

 

(iii) Have eight (8) years or more of education or experience, orboth, in engineering work of a character satisfactory to the board. Thisparagraph is repealed June 30, 1991; and

 

(iv) Unless exempt under W.S. 33-29-130(c), pass theengineer-in-training examination.

 

(b) An applicant for in-training registration as a landsurveyor shall:

 

(i) Be of good moral character and repute; and

 

(ii) Have a bachelor of science degree in a land surveying orengineering curriculum approved by the board which curriculum included at leastthirty (30) semester credit hours in surveying, mapping and other coursesapproved by the board; or

 

(iii) Have an associate degree in surveying technology curriculumapproved by the board plus four (4) years of combined office and fieldexperience in land surveying, of which two (2) years shall have been in chargeof land surveying projects under the supervision of a registered land surveyor;or

 

(iv) Have eight (8) years of combined office and fieldexperience in land surveying, of which two (2) years shall have been in chargeof land surveying projects under the supervision of a registered landsurveyor. This paragraph is repealed June 30, 1991;

 

(v) Unless exempt under W.S. 33-29-130(c), pass the landsurveyor-in-training examination.

 

33-29-126. Qualifications for professional registration.

 

 

(a) An applicant for professional registration as an engineershall:

 

(i) Be of good moral character and repute;

 

(ii) Be registered as an engineer-in-training;

 

(iii) Be actively engaged in education or experience, or both, inprofessional engineering satisfactory to the board for at least an additionalfour (4) years beyond that required for registration as anengineer-in-training;

 

(iv) Unless exempt under W.S. 33-29-130, pass the in-trainingand professional examinations in the discipline in which registration issought.

 

(b) An applicant for professional registration as a landsurveyor shall:

 

(i) Be of good moral character and repute;

 

(ii) Be registered as a land surveyor-in-training;

 

(iii) Be actively engaged in education and experience,satisfactory to the board, in professional land surveying, for at least anadditional four (4) years beyond that required for registration as a landsurveyor-in-training;

 

(iv) Unless exempt under W.S. 33-29-130, pass the in-trainingand professional examinations.

 

(c) In computing the period of active engagement required underthis section:

 

(i) Study satisfactorily completed in an engineering graduateschool approved by the board is equivalent to a maximum of one (1) year ofactive engagement. Each year of full-time employment teaching engineeringsubjects in a school approved by the board is equivalent to one (1) year ofactive engagement;

 

(ii) Study satisfactorily completed in a graduate level landsurveying curriculum and school approved by the board is considered equivalentto a maximum of one (1) year of active engagement. Each year of full-timeemployment teaching land surveying or other courses approved by the board aspertinent to the profession in which registration is sought in a schoolapproved by the board is equivalent to one (1) year of active engagement;

 

(iii) Each year of experience shall be of a professional natureunder the supervision of a registered professional engineer or land surveyor,as appropriate, and of a character satisfactory to the board.

 

(d) Experience credited by the board under this section andW.S. 33-29-124, 33-29-125 and 33-29-130 shall be attained under the directsupervision of a professional who is satisfactory to the board and registeredin this state, another state or foreign country in the profession in which theapplicant is seeking registration.

 

33-29-127. Application for registration.

 

 

(a) A person desiring to practice engineering or land surveyingshall apply for registration on a form prescribed by the board, subscribedunder oath and accompanied by the application fee. If the evidence submittedsatisfies the board that the applicant is fully qualified under W.S. 33-29-126or 33-29-130 to practice the profession for which registration is asked, theapplicant shall be given a certificate of registration, signed by the presidentand secretary of the board and attested by the official seal.

 

(b) If in the judgment of the board the applicant has notfurnished satisfactory evidence of qualifications for registration under W.S.33-29-126 or 33-29-130 the board may require additional data, or may requirethe applicant to submit to an additional oral or written examination specifiedby the board in its rules and regulations.

 

(c) If the application is denied, the application fee shall beretained by the board.

 

33-29-128. Fees.

 

 

(a) The board shall publish in its rules a schedule of fees forapplications, examinations and other miscellaneous services not to exceed thefollowing:

 

(i) Two hundred dollars ($200.00) for any single application. An application for professional engineer and land surveyor shall be consideredas two (2) applications;

 

(ii) Two hundred dollars ($200.00) for any single examination orpart of an examination;

 

(iii) The cost of rendering other miscellaneous services.

 

33-29-129. Seals for registrants.

 

(a) The board shall adopt and prescribe seals for use ofregistrants who hold valid certificates. Each seal shall bear the name of theregistrant, shall state the profession in which he is permitted to practiceand, in the case of engineering, the branch or branches of engineering in whichhe has demonstrated proficiency, and other data the board deems pertinent.

 

(b) Nonelectronic plans, specifications, plats or reportsprepared by a registrant or his bona fide employee shall be issued under hisseal.

 

(c) It is unlawful for a registrant whose certificate hasexpired or has been revoked or suspended to use the seal, or for a registrantto sign, stamp or seal any document not prepared by him or by an employee underhis supervision.

 

(d) It is unlawful for any nonregistrant to cause or permit theillegal use of a registrant's seal, signature or stamp on any document preparedby the nonregistrant.

 

33-29-130. Registration without examination.

 

 

(a) The board may register without examination an applicant forprofessional engineer who holds a valid certificate of registration issued byanother state or foreign country which has or had requirements for registrationsubstantially similar to those of this state.

 

(b) An applicant for professional registration as a landsurveyor who satisfies any one (1) of the requirements of subsection (a) ofthis section shall pass the part of the professional land surveyor examinationrelating to the surveying methods and legal principles in this state asprescribed by the board in its rules.

 

(c) The board may exempt an applicant from the in-trainingexamination if he is a graduate of a school and curriculum approved by theboard and has been actively engaged in experience in the profession for whichregistration is sought for at least twenty (20) years after graduation.

 

33-29-131. Renewal of certificates; fees and penalties.

 

 

(a) The board may establish a staggered system for renewingcertificates of registration on a biennial basis.

 

(b) Certificates of registration are invalid after theirexpiration date unless renewed by payment of the required renewal fee. If therenewal fee is not paid prior to the expiration date, it shall be accompaniedby a penalty fee established by the board based on the period of delinquencybut the total fee shall not exceed the amount of the registration fee.

 

(c) The board may cancel a certificate of registration if ithas remained invalid for two (2) years and require a new application,accompanied by the application fee for reregistration.

 

(d) The board shall establish the biennial renewal fee for eachcertificate issued pursuant to this act which shall not exceed two hundreddollars ($200.00).

 

33-29-132. Revocation of certificate; censure; probation; hearing;notice of findings; appeal.

 

(a) The board may take the following disciplinary actions, incombination or alternatively:

 

(i) Revocation of a certificate of registration;

 

(ii) Suspension of a certificate of registration;

 

(iii) Imposition of an administrative penalty in an amount not toexceed two thousand dollars ($2,000.00) for each violation of this act orrules promulgated under this act to be collected, paid to the state treasurerand credited as provided in W.S. 8-1-109;

 

(iv) Imposition of restrictions on the scope of the registrant'sprofessional practice;

 

(v) Imposition of peer review and professional educationrequirements;

 

(vi) Imposition of probation requirements best adapted toprotect the public safety, health and welfare which may include a requirementfor restitution payments to professional services clients or to other personssuffering economic loss resulting from violations of this act or rulespromulgated under this act;

 

(vii) Issuance of a written reprimand.

 

(b) The board may take disciplinary action against the holderof a certificate under this act, upon proof satisfactory to the board that theperson:

 

(i) Has engaged in any act inconsistent with uniform andreasonable standards of professional conduct as defined by board rules andregulations;

 

(ii) Has practiced fraud or misrepresentation:

 

(A) In obtaining a certificate of qualification, whether in theapplication or qualification examination;

 

(B) In submitting any information or record to the board; or

 

(C) In signing any document as a registered professional.

 

(iii) Is unfit to practice by reason of incompetence, habitual orgross negligence or other misconduct in the practice of his profession;

 

(iv) Has aided or abetted another to evade or violate this actor knowingly combining or conspiring with an unregistered person, or allowingone's registration to be used by an unregistered person or acting as agent,partner, associate or otherwise, for an unregistered person with intent toevade or violate this act;

 

(v) Has had a license to practice engineering or land surveyingin another jurisdiction, territory or possession of the United States denied,revoked, suspended or otherwise restricted other than by reason of failure torenew or meet education requirements;

 

(vi) Has been found guilty by a court or has entered a plea ofnolo contendere to a felony;

 

(vii) Has knowingly engaged in an act which the registrant knewwas beyond the scope of his professional practice as evidenced by limitationson the registrant's right to practice, or insufficient education and knowledge,or inability to apply engineering or land surveying principles and skills;

 

(viii) Has violated this act, W.S. 33-29-140 through 33-29-149 orany provision of the rules or regulations of the board or any order of theboard.

 

(c) Upon reasonable grounds to believe that a person under theboard's authority has committed acts in violation of this act, the board mayconduct investigations, hearings and proceedings to determine whether adisciplinary action should be taken against the holder of a certificate underthis act. The board may issue subpoenas for the attendance of witnesses and theproduction of books, records, documents and other evidence it deems relevant toan investigation or hearing. A disciplinary action may be informally settledby the board and the holder of a certificate under this act who is the subjectof the action either before or after initiation of hearing proceedings.

 

(d) The accused may appear personally or be represented by hisattorney at the hearing and present witnesses and evidence in his defense andhe may cross-examine witnesses against him.

 

(e) The board shall immediately notify the clerk of each countyin the state and the secretary of state, in the case of a corporation or firm,of the suspension or revocation of a certificate or of the reissuance of asuspended or revoked certificate.

 

(f) Any person whose license has been denied, suspended orrevoked pursuant to this act may apply to the board after fulfilling thoserequirements determined by the board. The board may grant or deny theapplication or it may modify its original findings to reflect any circumstancesthat have changed sufficiently to warrant modifications.

 

(g) As a result of disciplinary action, the board may inaddition to the other powers and duties, issue, renew or reinstate licensessubject to reasonable conditions which the board may impose.

 

(h) Decisions of the board are subject to judicial review asprovided by law.

 

(j) Upon receipt from the department of family services of acertified copy of an order from a court to withhold, suspend or otherwiserestrict a permit issued by the board, the board shall notify the party namedin the court order of the withholding, suspension or restriction of the permitin accordance with the terms of the court order. No appeal under the WyomingAdministrative Procedure Act shall be allowed for a permit withheld, suspendedor restricted under this subsection.

 

33-29-133. Confidentiality of records.

 

Examinationmaterial, file records of examination grading and performance, transcripts ofeducational institutions, letters of inquiry and reference concerningapplicants, board inquiry forms concerning applicants and investigation filesof any investigation which is pending are confidential and not public records.

 

33-29-134. Practice by corporations.

 

 

(a) The practice of or offer to practice professionalengineering or professional land surveying by individual registeredprofessional engineers or individual registered professional land surveyors,through a corporation, or by a corporation through individual registeredprofessional engineers or individual registered professional land surveyors, asemployees or officers, is permitted subject to the provisions of this act. Allpersonnel of the corporation who act in its behalf as professional engineers orprofessional land surveyors in this state must be registered as provided bythis act, or be persons lawfully practicing under the exceptions enumerated inW.S. 33-29-136. The corporation, except utilities regulated by the Wyomingpublic service commission, shall apply for and be issued a certificate ofauthorization by the board as provided by this act. No corporation shall berelieved of responsibility for the conduct or acts of its employees or officersby reason of its compliance with this act, nor shall any individual practicingprofessional engineering or professional land surveying be relieved ofresponsibility for engineering or land surveying services performed by reasonof his employment or relationship with the corporation. All final drawings,specifications, plats, reports, or other engineering or land surveying papersor documents involving the practice of professional engineering or professionalland surveying, which are prepared or approved for the use of or for deliveryto any person or for public record within this state shall be dated and bearthe signature and seal of the professional engineer or professional landsurveyor who prepared or approved them.

 

(b) A corporation desiring a certificate of authorization forengineering, for land surveying, or for both, shall file with the board adescription of the engineering or land surveying service to be offered orpracticed in the state, upon an application form prescribed by the board andthe designation required by subsection (c) of this section accompanied by theapplication fee.

 

(c) The corporation shall file with the board a designation ofan individual or individuals duly registered and certified to practiceprofessional engineering or professional land surveying in the state who areresponsible for or in charge of the practice of professional engineering orland surveying, as applicable, by the corporation in this state. If there is achange in the individual or individuals responsible or in charge, the changesshall be designated in writing and filed with the board within thirty (30) daysafter the effective date of the change.

 

(d) If all requirements of this act are met, the board shallissue a certificate of authorization for professional engineering, for landsurveying or for both, to the corporation. The board may refuse to issue acertificate if any facts exist which would entitle the board to suspend orrevoke an existing certificate.

 

(e) A professional engineer or professional land surveyor whorenders occasional, part-time or consulting engineering or land surveyingservices to or for a firm may not be designated as the person in charge forthe professional activities of the firm.

 

(f) Repealed by Laws 1989, ch. 86, 2.

 

33-29-135. Public works.

 

 

(a) Drawings, plans, specifications and estimates for publicworks of the state or a political subdivision thereof involving engineering orland surveying, shall be prepared by or under the personal direction of, andthe construction of the works shall be executed under the direct supervision ofa qualified registrant within the category involved.

 

(b) Surveys or maps required in connection with land surveyingshall be made by or under the personal direction of a qualified registrant.

 

33-29-136. Exemptions and limitations.

 

 

(a) Engineering or land surveying may be practiced withoutcompliance with this act by:

 

(i) An officer or employee of the United States, practicingwithin the scope of his authority and employment except when filing waterrights or water right petitions with the state of Wyoming as provided in title41 of the Wyoming statutes;

 

(ii) An employee of a registrant or of a person exempt fromregistration, if the employment does not involve direct responsibility fordesign, inspection or supervision;

 

(iii) Any full-time employee of any corporation while doing workfor that corporation, provided, that all maps, plats, plans or designs filed inany office of public record in the state of Wyoming shall be made and certifiedto by a registered professional engineer or professional land surveyor asprovided by W.S. 33-29-139. This exemption does not apply to corporationsoffering their services to the public as professional engineers or professionalland surveyors or to corporations engaged in designing and supervising thebuilding of works for public or private interests not their own.

 

33-29-137. Violations.

 

 

(a) Any person who commits any of the following acts is guiltyof a misdemeanor:

 

(i) Practices, offers to practice or by any implication holdshimself out as qualified to practice as an engineer or land surveyor, who isnot registered as provided by this act;

 

(ii) Advertises or displays a card, sign or other device whichmay indicate to the public that he is an engineer or land surveyor, or isqualified to practice as such, who is not registered as provided by this act;

 

(iii) Assumes the title of engineer or land surveyor, or uses acertificate of registration of another, or uses an expired, suspended orrevoked certificate of registration;

 

(iv) Presents false evidence to the board with the intent toobtain a certificate of registration;

 

(v) Otherwise violating any provision of this act.

 

(b) Anyone found guilty of a violation of this section shall bepunished by a fine of not more than one thousand dollars ($1,000.00), byimprisonment of not more than one (1) year, or both.

 

(c) The county and prosecuting or district attorney of thecounty in which the misdemeanor is committed shall prosecute the case uponproper information of the board, or any other person interested.

 

33-29-138. Persons registered under previous law.

 

 

(a) Any individual holding a certificate of registration inthis state that is valid on July 1, 1987, shall be deemed to be registeredunder this act.

 

(b) Those registered under the provisions of subsection (a) ofthis section are eligible for renewal of their certificate of registrationpursuant to renewal requirements established in this act and the rules andregulations adopted by the board.

 

33-29-139. Maps, plats, plans or designs for filing to be made andcertified by professional engineer or surveyor; exception; size of maps.

 

(a) All maps, plats, plans or designs necessary to be filed inthe state engineer's office, the office of state lands and investments, allcounty clerks offices, all city or town offices, or any other office of publicrecord in the state of Wyoming, shall be made and certified by a professionalengineer or land surveyor registered under this act. Hardcopy originals musteither be drawn in waterproof black ink or acetate ink, or be an acceptablephotographic or other kind of reproduction on good quality tracing linen or apolyester base drafting film in a minimum thickness of four-thousandths (.004)inch, or as otherwise required by the receiving entity. Maps formatted asrequired by the receiving entity may be submitted in electronic form asprovided by the Uniform Electronic Transactions Act, W.S. 40-21-101 through40-21-119. All maps, plats, plans or designs shall conform to one (1) of thefollowing sizes and shall consist of one (1) original drawing together with one(1) print:

 

(i) Size A - Eight and one-half (8 1/2) inches wide and eleven(11) inches long;

 

(ii) Size AA - Eight and one-half (8 1/2) inches wide andfourteen (14) inches long;

 

(iii) Size B - Fifteen (15) inches long and ten and three-fourths(10 3/4) inches wide. There shall be a minimum of one and one-half (1 1/2)inches margin on the left side of the short dimension for a binding edge; theremaining three (3) margins shall be one-fourth (1/4) inch each;

 

(iv) Size C - Thirty-six (36) inches long and twenty-two (22)inches wide. There shall be a minimum of one and one-half (1 1/2) inches marginon the left side of the short dimension for a binding edge; the remaining three(3) margins shall be one-half (1/2) inch each;

 

(v) Size D - Twenty-one and one-half (21 1/2) inches long andfifteen (15) inches wide. There shall be a minimum of one and one-half (1 1/2)inches on the left side of the long dimension to serve as a binding edge; thethree (3) remaining margins shall be three-eighths (3/8) of an inch each;

 

(vi) Size E - Thirty (30) inches long and twenty-one andone-half (21 1/2) inches wide. There shall be a minimum of one and one-half (11/2) inches margin on the left side of the short dimension to serve as abinding edge; the remaining margins shall be one-half (1/2) inch each;

 

(vii) Size F - Forty (40) inches long and thirty-five (35) incheswide. There shall be margins of three-fourths (3/4) of an inch on all edges;

 

(viii) Size G - Twenty-four (24) inches by thirty-six (36) inches.There shall be a minimum of one and one-half (1 1/2) inches margin on the leftside of the short dimension to serve as a binding edge; the three (3) remainingmargins shall be one-half (1/2) inch each;

 

(ix) Size H - Eighteen (18) inches by twenty-four (24) inches.There shall be a minimum of one and one-half (1 1/2) inches on the left side ofthe long dimension to serve as a binding edge; the three (3) remaining marginsshall be three-eighths (3/8) of an inch each.

 

(b) The requirement for certification of maps and plans by aregistered engineer or land surveyor shall not apply, in the case ofapplications filed in the state engineer's office to construct small reservoirsfor stock purposes only, fishing preserve waters where the capacity of suchreservoir does not exceed twenty (20) acre feet or twenty (20) feet in fillheight; to develop springs for stockwater purposes of up to twenty-five (25)gallons per minute; or to construct flood water detention dams storing fifty(50) acre feet or less and not to exceed twenty (20) feet in fill heightprovided the dam has a minimum outlet of eighteen (18) inches diameter and thedead storage does not exceed twenty (20) acre feet.

 

(c) The application may be signed by the applicant or an agentacting for him, and may be accompanied by aerial photographs or United Statesgeological survey quadrangle maps of a scale conforming to the requirements ofthis act with designation thereon of the township, range, section, and sectioncorner or quarter corner, and the location of the installation designated inthe quarter section on the photographs or United States geological surveyquadrangle maps and a description of:

 

(i) The dam including height, width, depth, constructionmaterials, depth to be submerged and height of the free board;

 

(ii) The reservoir including length, width, average depth,submerged area and capacity;

 

(iii) If aerial photographs or United States geological maps aresubmitted they must comply with the following requirements:

 

(A) Two (2) aerial photographs or United States geologicalsurvey quadrangle maps mounted on eight (8) inch by ten (10) inch sheets mustaccompany each application;

 

(B) The minimum scale on the aerial photographs or UnitedStates geological survey quadrangle maps must be not less than two (2) inchesto the mile;

 

(C) An identified section corner or quarter corner must beshown on each photograph or United States geological survey quadrangle map;

 

(D) The entire section in which the facility is located must beshown on each photograph or United States geological survey map along withsubdivision lines showing forty (40) acre tracts;

 

(E) The location of the facility must be shown within theproper forty (40) acre subdivision.

 

(d) All applications submitted under this act must comply withproperly promulgated rules and regulations of the state engineer and the boardof control not in conflict with this act.

 

33-29-140. Short title.

 

W.S.33-29-140 through 33-29-149 may be cited as the "Corner Perpetuation andFiling Act".

 

33-29-141. Definitions.

 

(a) Except where the context indicates a different meaning,terms used in W.S. 33-29-140 through 33-29-149 shall be defined as follows:

 

(i) A "property corner" is a geographic point on thesurface of the earth, and is on, a part of, and controls a property line;

 

(ii) A "property controlling corner" for a property isa public land survey corner, or any property corner, which does not lie on aproperty line of the property in question, but which controls the location ofone (1) or more of the property corners of the property in question;

 

(iii) A "public land survey corner" is any corneractually established and monumented in an original survey or resurvey used as abasis of legal description for issuing a patent for the land to a privateperson from the United States government;

 

(iv) A "corner", unless otherwise qualified, means aproperty corner, or a property controlling corner, or a public land survey corner,or any combination of these;

 

(v) An "accessory to a corner" is any exclusivelyidentifiable physical object whose spatial relationship to the corner isrecorded. Accessories may be bearing trees, bearing objects, monuments,reference monuments, line trees, pits, mounds, charcoal-filled bottles, steelor wooden stakes, or other objects;

 

(vi) A "monument" is an accessory that is presumed tooccupy the exact position of a corner;

 

(vii) A "reference monument" is a special monument thatdoes not occupy the same geographical position as the corner itself, but whosespatial relationship to the corner is recorded and which serves to witness thecorner;

 

(viii) A "registered land surveyor" is a surveyor who isregistered to practice land surveying under W.S. 33-29-114 through 33-29-139,and has a current certificate for that calendar year;

 

(ix) The "board" is the state board of registrationfor professional engineers and professional land surveyors.

 

33-29-142. Completion of "corner file".

 

Asurveyor shall complete, sign, and file with the county clerk where the corneris situated, a written record of corner establishment or restoration to beknown as a "corner file" for every public land survey corner andaccessory to such corner which is established, reestablished, monumented,remonumented, restored, rehabilitated, perpetuated or used as control in anysurvey by such surveyor, and within ninety (90) days thereafter, unless thecorner and its accessories are substantially as described in an existing cornerrecord filed in accordance with the provisions of W.S. 33-29-140 through33-29-149.

 

33-29-143. Filing of corner reference.

 

Asurveyor may file such corner record as to any property corner, propertycontrolling corner, reference monument or accessory to a corner.

 

33-29-144. Information to be included in corner file; form.

 

Theboard shall by regulation provide and prescribe the information which shall benecessary to be included in the corner file and the board shall prescribe theform in which the corner record shall be presented and filed.

 

33-29-145. Preservation of map records; public inspection.

 

(a) The county clerk of the county containing the corners, aspart of his files, shall have on record maps of each township within the county,the bearings and lengths of the connecting lines to government corners andgovernment corners looked for and not found. These records shall be preservedin hardbound books in numerical order as filed.

 

(b) The county clerk shall make these records available forpublic inspection during all usual office hours.

 

(c) The filing fee for each corner record or certificate is onedollar ($1.00) as provided in W.S. 18-3-402(a)(xvi)(Q) and each record orcertificate shall apply to only one (1) corner.

 

33-29-146. Reconstruction or rehabilitation of monument.

 

Inevery case where a corner record of a public land survey corner is required tobe filed under the provisions of W.S. 33-29-140 through 33-29-149, the surveyormust reconstruct or rehabilitate the monument of such corner, and accessoriesto such corner, so that the same shall be left by him in such physicalcondition that it remains as permanent a monument as is reasonably possible andso that the same may be reasonably expected to be located with facility at alltimes in the future.

 

33-29-147. Signature on corner record required.

 

Nocorner record shall be filed unless the same is signed by a registered landsurveyor, or, in the case of an agency of the United States government or thestate of Wyoming, the certificate may be signed by the survey party chiefmaking the survey.

 

33-29-148. Previously existing corners.

 

Cornerrecords may be filed concerning corners established, reestablished or restoredbefore the effective date of W.S. 33-29-140 through 33-29-149.

 

33-29-149. Exemption from filing fees.

 

Allfilings relative to official cadastral surveys of the bureau of land managementof the United States of America performed by authorized personnel shall beexempt from filing fees.

 

State Codes and Statutes

Statutes > Wyoming > Title33 > Chapter29

CHAPTER 29 - SURVEYORS AND ENGINEERS

 

33-29-101. Repealed by Laws 1987, ch. 169, 3.

 

 

33-29-102. Repealed by Laws 1987, ch. 169, 3.

 

 

33-29-103. Repealed by Laws 1987, ch. 169, 3.

 

 

33-29-104. Repealed by Laws 1987, ch. 169, 3.

 

 

33-29-105. Repealed by Laws 1987, ch. 169, 3.

 

 

33-29-106. Repealed by Laws 1987, ch. 169, 3.

 

 

33-29-107. Repealed by Laws 1987, ch. 169, 3.

 

 

33-29-108. Repealed by Laws 1987, ch. 169, 3.

 

 

33-29-109. Repealed by Laws 1987, ch. 169, 3.

 

 

33-29-110. Repealed by Laws 1987, ch. 169, 3.

 

 

33-29-111. Renumbered by Laws 1987, ch. 169, 2.

 

 

33-29-112. Repealed by Laws 1987, ch. 169, 3.

 

33-29-113. Repealed by Laws 1987, ch. 169, 3.

 

 

33-29-114. Definitions.

 

 

(a) As used in this act:

 

(i) "Board" means the state board of registration forprofessional engineers and professional land surveyors;

 

(ii) "Engineer" means a person who, by reason ofspecial knowledge of the mathematical and physical sciences and the principlesand methods of engineering analysis and design, acquired by professionaleducation and practical experience, is qualified to practice engineering asattested by his registration as a professional engineer;

 

(iii) "Engineering practice" means professional serviceor work requiring engineering education, training and experience and theapplication of special knowledge of the mathematical, physical and engineeringsciences to the professional services or creative work as consultation,research investigation, teaching, evaluation, planning, surveying practice asdefined in subparagraphs (vii)(D) and (E) of this subsection, design, location,development and review of construction for conformance with contract documentsand design, in connection with any public or private utility, structure,building, machine, equipment, process, work or project. A person shall bedeemed to be practicing or offering to practice engineering if he practices anybranch of the profession of engineering, or by verbal claim, sign,advertisement, letterhead, card or any other manner represents himself to be aprofessional engineer, or quotes fees for professional engineering services, orexecutes contracts or agreements for professional engineering services or holdshimself out as able to perform or does perform any engineering servicerecognized by the board as engineering;

 

(iv) "Engineer-in-training" means a candidate forregistration as a professional engineer who is a graduate in an approvedengineering curriculum of four (4) or more years at a school approved by theboard or, until June 30, 1991, who has eight (8) years or more of education orexperience in engineering work which meets the standards specified by theboard. In addition the candidate shall have passed the engineer-in-training examination;

 

(v) "Land surveyor" means a person who by reason ofhis knowledge of the mathematical and physical sciences, principles of landsurveying and evidence gathering acquired by professional education andpractical experience is qualified to practice land surveying as attested by hisregistration as land surveyor;

 

(vi) "Land surveyor-in-training" means a candidate forregistration as a professional land surveyor who is a graduate of a school andcurriculum approved by the board, or who has six (6) to eight (8) years or moreof education or experience, or both, in land surveying work in a combinationwhich meets standards specified by the board. In addition, the candidate shallhave passed the land surveyor-in-training examination;

 

(vii) "Land surveying practice" means the performanceof one (1) or more of the following:

 

(A) Measurement of land to determine the position of anymonument or reference point which marks a property line, boundary or corner forthe 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 whichidentify land boundaries, rights-of-way or easements;

 

(C) Platting or plotting of lands for the purpose ofsubdividing;

 

(D) Measurement by angles, distances and elevations of naturalor man-made features in the air, in the surface and immediate subsurface of theearth, within underground workings and on the surface or within bodies of waterfor the purpose of determining or establishing their size, shape, topography,grades, contours or water surface and depths, and the preparation andperpetuation of field note records and maps depicting these features;

 

(E) Setting, resetting or replacing of points to guide thelocation of new construction;

 

(F) A person shall be deemed to be practicing or offering topractice land surveying if he by verbal claim, sign, advertisement, letterhead,card or any other manner represents himself to be a professional land surveyor,or quotes fees for professional land surveying services or executes contractsor agreements for professional land surveying services, or holds himself out asable to perform or does perform any land surveying service recognized by theboard as land surveying.

 

(viii) "Registrant" means any person registered with theboard under this act;

 

(ix) "This act" means W.S. 33-29-114 through33-29-139.

 

33-29-115. Creation of board.

 

(a) The state board of registration for professional engineersand professional land surveyors is created to consist of six (6) membersappointed by the governor for a term of four (4) years plus the state engineerwho shall serve during his term in office. The board shall be composed of:

 

(i) The state engineer;

 

(ii) A professional engineer and land surveyor in privatepractice;

 

(iii) Three (3) professional engineers, at least one (1) of whomis in a discipline other than civil;

 

(iv) A professional land surveyor not also a professionalengineer; and

 

(v) A public member, neither an engineer nor land surveyor.

 

(b) One (1) of the members in paragraph (a)(iii) of thissection shall be involved in engineering education at the university level.

 

(c) The governor may remove a member of the board as providedin W.S. 9-1-202. Appointment to fill a vacancy caused other than by expirationof term shall be for the unexpired portion of the term.

 

(d) Each member of the board shall receive a certificate ofappointment from the governor, and before beginning his term of office, heshall file with the secretary of state the constitutional oath of office.

 

33-29-116. Qualifications of board members.

 

 

(a) Each member of the board shall have been a resident of thestate for at least five (5) years immediately preceding appointment as amember.

 

(b) Each member who is an engineer or land surveyor shall havehad at least ten (10) years active professional experience as attested byregistration under this chapter.

 

33-29-117. Compensation of board members.

 

Eachmember of the board except the state engineer shall receive as salary the sumpaid each day to legislators for the time consumed in the performance of hisduties. Each member shall receive per diem and mileage allowance as allowed tostate employees. Compensation and expenses shall be paid only from the feescollected by the board.

 

33-29-118. Organization of board.

 

 

(a) The board shall biennially elect from its membership apresident and vice-president. The state engineer shall be the secretary-treasurerof the board and shall have charge of the records. The board shall hold atleast four (4) regular meetings each year and such special or called meetingsas the rules provide.

 

(b) Four (4) members constitute a quorum. No decision shall bemade unless it receives affirmative votes of at least four (4) members of theboard.

 

33-29-119. Powers and duties of board.

 

 

(a) Responsibility for enforcement of this act is vested in theboard. The board shall have all duties, powers and authority specificallygranted by and necessary to the enforcement of this act.

 

(b) The board may make, adopt, amend, repeal and enforcereasonable rules and regulations necessary for the proper administration andenforcement of this act.

 

(c) Powers and duties of the board include the following:

 

(i) Adopt an official seal for attestation of certificates ofregistration and other official papers and documents;

 

(ii) Consider and pass upon applications for registration;

 

(iii) Examine, certify, renew and recertify for registration ofduly qualified individuals;

 

(iv) Hear and pass upon complaints or charges or direct ahearing officer to hear and make recommendations to the board on complaints andcharges;

 

(v) Appoint professionals to committees to conductinvestigations, surveys, evaluations and other functions as the board deemsnecessary;

 

(vi) Determine and administer appropriate disciplinary actionagainst all individuals found guilty by the board of violating this act or therules and regulations of the board;

 

(vii) Compel attendance of witnesses, administer oaths and taketestimony concerning all matters coming within its jurisdiction;

 

(viii) Keep a record of its proceedings;

 

(ix) Keep a register which shall show the date of each applicationfor registration, the name of the applicant, the practice or branch of practicein which the applicant has applied for registration and the disposition of theapplication;

 

(x) Determine and collect reasonable registration and renewalfees not to exceed two hundred dollars ($200.00) each as established by therules and regulations of the board;

 

(xi) Perform such other duties as may be necessary to carry outthe purposes of this act.

 

(d) The board shall specify on the certificate of registrationand renewal card issued to each registered engineer the branch of engineeringin which the engineer has demonstrated proficiency and authorize him to use thetitle of registered professional engineer. The board shall decide whatbranches of engineering shall be recognized.

 

(e) The board may hold membership in and be represented atnational councils or organizations of professions registered under this act andmay pay the appropriate membership fees. The board may conduct standardexaminations on behalf of national councils and may establish fees for thoseexaminations.

 

(f) The board may employ persons as it deems necessary toadminister and enforce this act including persons paid on a fee basis toprepare and grade examinations given to applicants for registration and to fixthe fee to be paid for the services. The employees are authorized to prepare,grade and monitor examinations and perform other services the board authorizesand receive payment therefor.

 

(g) The board may adopt a nationally recognized code of ethicsfor the practice of engineering and land surveying for registrants.

 

(h) The board may require evidence it deems necessary toestablish the continuing competency of registrants as a condition of renewal oflicenses.

 

33-29-120. Petition for injunction.

 

 

(a) The district court shall issue an injunction forthwith upona petition filed as provided in this section to enjoin the practice ofengineering or land surveying by any person not registered to practice thoseoccupations or who is not exempt under this act from registration requirements.

 

(b) The district court of the district in which the offendingparty resides or the district court of Laramie county shall have originaljurisdiction of any injunction proceedings.

 

(c) In a petition for injunction pursuant to subsection (a) ofthis section, it shall be sufficient to charge that the respondent on a daycertain in a named county engaged in the practice of engineering or landsurveying without a registration and without being exempt under this act fromregistration requirements. No showing of actual damage or injury shall berequired.

 

(d) The petition shall be filed in the name of the state by theboard or at the request of the board by the attorney general or any county ordistrict attorney in any county where the respondent resides or may be found.

 

(e) Issuance of an injunction shall not relieve respondent frombeing subject to any other proceeding under this act. Any violation of aninjunction shall be punished as contempt of court.

 

33-29-121. Annual report of board; filing copies of lists ofregistrants.

 

InOctober of each year the board shall make a report to the governor which shallbe accompanied by a copy of the list of registrants. A copy of the list shallalso be filed with the secretary of state and with the clerk of each county.

 

33-29-122. Technical registration fund.

 

Thesecretary shall transmit to the state treasurer all fees or other revenuesreceived by the board to be credited to a separate account. Revenues of theboard shall be subject at all times to the warrant of the state auditor, drawnupon written requisition of the secretary of the board for payment of anyexpenses received by the board.

 

33-29-123. Immunity from personal liability.

 

 

(a) Members, agents and employees of the board, and any personreporting information to the board under oath, are immune from personalliability with respect to acts done and actions taken in good faith withoutfraud or malice.

 

(b) The immunity provided by this section shall extend to themembers of any professional review committee, investigator and witnessesappearing before the committee or board.

 

33-29-124. Certificate required for the practice of engineering or landsurveying.

 

Aperson desiring to practice the profession of engineering or land surveyingshall first secure a certificate of registration and shall comply with allconditions prescribed in this act.

 

33-29-125. Qualifications for in-training registration.

 

 

(a) An applicant for in-training registration as an engineershall:

 

(i) Be of good moral character and repute; and

 

(ii) Have a bachelor degree in an engineering curriculumapproved by the board; or

 

(iii) Have eight (8) years or more of education or experience, orboth, in engineering work of a character satisfactory to the board. Thisparagraph is repealed June 30, 1991; and

 

(iv) Unless exempt under W.S. 33-29-130(c), pass theengineer-in-training examination.

 

(b) An applicant for in-training registration as a landsurveyor shall:

 

(i) Be of good moral character and repute; and

 

(ii) Have a bachelor of science degree in a land surveying orengineering curriculum approved by the board which curriculum included at leastthirty (30) semester credit hours in surveying, mapping and other coursesapproved by the board; or

 

(iii) Have an associate degree in surveying technology curriculumapproved by the board plus four (4) years of combined office and fieldexperience in land surveying, of which two (2) years shall have been in chargeof land surveying projects under the supervision of a registered land surveyor;or

 

(iv) Have eight (8) years of combined office and fieldexperience in land surveying, of which two (2) years shall have been in chargeof land surveying projects under the supervision of a registered landsurveyor. This paragraph is repealed June 30, 1991;

 

(v) Unless exempt under W.S. 33-29-130(c), pass the landsurveyor-in-training examination.

 

33-29-126. Qualifications for professional registration.

 

 

(a) An applicant for professional registration as an engineershall:

 

(i) Be of good moral character and repute;

 

(ii) Be registered as an engineer-in-training;

 

(iii) Be actively engaged in education or experience, or both, inprofessional engineering satisfactory to the board for at least an additionalfour (4) years beyond that required for registration as anengineer-in-training;

 

(iv) Unless exempt under W.S. 33-29-130, pass the in-trainingand professional examinations in the discipline in which registration issought.

 

(b) An applicant for professional registration as a landsurveyor shall:

 

(i) Be of good moral character and repute;

 

(ii) Be registered as a land surveyor-in-training;

 

(iii) Be actively engaged in education and experience,satisfactory to the board, in professional land surveying, for at least anadditional four (4) years beyond that required for registration as a landsurveyor-in-training;

 

(iv) Unless exempt under W.S. 33-29-130, pass the in-trainingand professional examinations.

 

(c) In computing the period of active engagement required underthis section:

 

(i) Study satisfactorily completed in an engineering graduateschool approved by the board is equivalent to a maximum of one (1) year ofactive engagement. Each year of full-time employment teaching engineeringsubjects in a school approved by the board is equivalent to one (1) year ofactive engagement;

 

(ii) Study satisfactorily completed in a graduate level landsurveying curriculum and school approved by the board is considered equivalentto a maximum of one (1) year of active engagement. Each year of full-timeemployment teaching land surveying or other courses approved by the board aspertinent to the profession in which registration is sought in a schoolapproved by the board is equivalent to one (1) year of active engagement;

 

(iii) Each year of experience shall be of a professional natureunder the supervision of a registered professional engineer or land surveyor,as appropriate, and of a character satisfactory to the board.

 

(d) Experience credited by the board under this section andW.S. 33-29-124, 33-29-125 and 33-29-130 shall be attained under the directsupervision of a professional who is satisfactory to the board and registeredin this state, another state or foreign country in the profession in which theapplicant is seeking registration.

 

33-29-127. Application for registration.

 

 

(a) A person desiring to practice engineering or land surveyingshall apply for registration on a form prescribed by the board, subscribedunder oath and accompanied by the application fee. If the evidence submittedsatisfies the board that the applicant is fully qualified under W.S. 33-29-126or 33-29-130 to practice the profession for which registration is asked, theapplicant shall be given a certificate of registration, signed by the presidentand secretary of the board and attested by the official seal.

 

(b) If in the judgment of the board the applicant has notfurnished satisfactory evidence of qualifications for registration under W.S.33-29-126 or 33-29-130 the board may require additional data, or may requirethe applicant to submit to an additional oral or written examination specifiedby the board in its rules and regulations.

 

(c) If the application is denied, the application fee shall beretained by the board.

 

33-29-128. Fees.

 

 

(a) The board shall publish in its rules a schedule of fees forapplications, examinations and other miscellaneous services not to exceed thefollowing:

 

(i) Two hundred dollars ($200.00) for any single application. An application for professional engineer and land surveyor shall be consideredas two (2) applications;

 

(ii) Two hundred dollars ($200.00) for any single examination orpart of an examination;

 

(iii) The cost of rendering other miscellaneous services.

 

33-29-129. Seals for registrants.

 

(a) The board shall adopt and prescribe seals for use ofregistrants who hold valid certificates. Each seal shall bear the name of theregistrant, shall state the profession in which he is permitted to practiceand, in the case of engineering, the branch or branches of engineering in whichhe has demonstrated proficiency, and other data the board deems pertinent.

 

(b) Nonelectronic plans, specifications, plats or reportsprepared by a registrant or his bona fide employee shall be issued under hisseal.

 

(c) It is unlawful for a registrant whose certificate hasexpired or has been revoked or suspended to use the seal, or for a registrantto sign, stamp or seal any document not prepared by him or by an employee underhis supervision.

 

(d) It is unlawful for any nonregistrant to cause or permit theillegal use of a registrant's seal, signature or stamp on any document preparedby the nonregistrant.

 

33-29-130. Registration without examination.

 

 

(a) The board may register without examination an applicant forprofessional engineer who holds a valid certificate of registration issued byanother state or foreign country which has or had requirements for registrationsubstantially similar to those of this state.

 

(b) An applicant for professional registration as a landsurveyor who satisfies any one (1) of the requirements of subsection (a) ofthis section shall pass the part of the professional land surveyor examinationrelating to the surveying methods and legal principles in this state asprescribed by the board in its rules.

 

(c) The board may exempt an applicant from the in-trainingexamination if he is a graduate of a school and curriculum approved by theboard and has been actively engaged in experience in the profession for whichregistration is sought for at least twenty (20) years after graduation.

 

33-29-131. Renewal of certificates; fees and penalties.

 

 

(a) The board may establish a staggered system for renewingcertificates of registration on a biennial basis.

 

(b) Certificates of registration are invalid after theirexpiration date unless renewed by payment of the required renewal fee. If therenewal fee is not paid prior to the expiration date, it shall be accompaniedby a penalty fee established by the board based on the period of delinquencybut the total fee shall not exceed the amount of the registration fee.

 

(c) The board may cancel a certificate of registration if ithas remained invalid for two (2) years and require a new application,accompanied by the application fee for reregistration.

 

(d) The board shall establish the biennial renewal fee for eachcertificate issued pursuant to this act which shall not exceed two hundreddollars ($200.00).

 

33-29-132. Revocation of certificate; censure; probation; hearing;notice of findings; appeal.

 

(a) The board may take the following disciplinary actions, incombination or alternatively:

 

(i) Revocation of a certificate of registration;

 

(ii) Suspension of a certificate of registration;

 

(iii) Imposition of an administrative penalty in an amount not toexceed two thousand dollars ($2,000.00) for each violation of this act orrules promulgated under this act to be collected, paid to the state treasurerand credited as provided in W.S. 8-1-109;

 

(iv) Imposition of restrictions on the scope of the registrant'sprofessional practice;

 

(v) Imposition of peer review and professional educationrequirements;

 

(vi) Imposition of probation requirements best adapted toprotect the public safety, health and welfare which may include a requirementfor restitution payments to professional services clients or to other personssuffering economic loss resulting from violations of this act or rulespromulgated under this act;

 

(vii) Issuance of a written reprimand.

 

(b) The board may take disciplinary action against the holderof a certificate under this act, upon proof satisfactory to the board that theperson:

 

(i) Has engaged in any act inconsistent with uniform andreasonable standards of professional conduct as defined by board rules andregulations;

 

(ii) Has practiced fraud or misrepresentation:

 

(A) In obtaining a certificate of qualification, whether in theapplication or qualification examination;

 

(B) In submitting any information or record to the board; or

 

(C) In signing any document as a registered professional.

 

(iii) Is unfit to practice by reason of incompetence, habitual orgross negligence or other misconduct in the practice of his profession;

 

(iv) Has aided or abetted another to evade or violate this actor knowingly combining or conspiring with an unregistered person, or allowingone's registration to be used by an unregistered person or acting as agent,partner, associate or otherwise, for an unregistered person with intent toevade or violate this act;

 

(v) Has had a license to practice engineering or land surveyingin another jurisdiction, territory or possession of the United States denied,revoked, suspended or otherwise restricted other than by reason of failure torenew or meet education requirements;

 

(vi) Has been found guilty by a court or has entered a plea ofnolo contendere to a felony;

 

(vii) Has knowingly engaged in an act which the registrant knewwas beyond the scope of his professional practice as evidenced by limitationson the registrant's right to practice, or insufficient education and knowledge,or inability to apply engineering or land surveying principles and skills;

 

(viii) Has violated this act, W.S. 33-29-140 through 33-29-149 orany provision of the rules or regulations of the board or any order of theboard.

 

(c) Upon reasonable grounds to believe that a person under theboard's authority has committed acts in violation of this act, the board mayconduct investigations, hearings and proceedings to determine whether adisciplinary action should be taken against the holder of a certificate underthis act. The board may issue subpoenas for the attendance of witnesses and theproduction of books, records, documents and other evidence it deems relevant toan investigation or hearing. A disciplinary action may be informally settledby the board and the holder of a certificate under this act who is the subjectof the action either before or after initiation of hearing proceedings.

 

(d) The accused may appear personally or be represented by hisattorney at the hearing and present witnesses and evidence in his defense andhe may cross-examine witnesses against him.

 

(e) The board shall immediately notify the clerk of each countyin the state and the secretary of state, in the case of a corporation or firm,of the suspension or revocation of a certificate or of the reissuance of asuspended or revoked certificate.

 

(f) Any person whose license has been denied, suspended orrevoked pursuant to this act may apply to the board after fulfilling thoserequirements determined by the board. The board may grant or deny theapplication or it may modify its original findings to reflect any circumstancesthat have changed sufficiently to warrant modifications.

 

(g) As a result of disciplinary action, the board may inaddition to the other powers and duties, issue, renew or reinstate licensessubject to reasonable conditions which the board may impose.

 

(h) Decisions of the board are subject to judicial review asprovided by law.

 

(j) Upon receipt from the department of family services of acertified copy of an order from a court to withhold, suspend or otherwiserestrict a permit issued by the board, the board shall notify the party namedin the court order of the withholding, suspension or restriction of the permitin accordance with the terms of the court order. No appeal under the WyomingAdministrative Procedure Act shall be allowed for a permit withheld, suspendedor restricted under this subsection.

 

33-29-133. Confidentiality of records.

 

Examinationmaterial, file records of examination grading and performance, transcripts ofeducational institutions, letters of inquiry and reference concerningapplicants, board inquiry forms concerning applicants and investigation filesof any investigation which is pending are confidential and not public records.

 

33-29-134. Practice by corporations.

 

 

(a) The practice of or offer to practice professionalengineering or professional land surveying by individual registeredprofessional engineers or individual registered professional land surveyors,through a corporation, or by a corporation through individual registeredprofessional engineers or individual registered professional land surveyors, asemployees or officers, is permitted subject to the provisions of this act. Allpersonnel of the corporation who act in its behalf as professional engineers orprofessional land surveyors in this state must be registered as provided bythis act, or be persons lawfully practicing under the exceptions enumerated inW.S. 33-29-136. The corporation, except utilities regulated by the Wyomingpublic service commission, shall apply for and be issued a certificate ofauthorization by the board as provided by this act. No corporation shall berelieved of responsibility for the conduct or acts of its employees or officersby reason of its compliance with this act, nor shall any individual practicingprofessional engineering or professional land surveying be relieved ofresponsibility for engineering or land surveying services performed by reasonof his employment or relationship with the corporation. All final drawings,specifications, plats, reports, or other engineering or land surveying papersor documents involving the practice of professional engineering or professionalland surveying, which are prepared or approved for the use of or for deliveryto any person or for public record within this state shall be dated and bearthe signature and seal of the professional engineer or professional landsurveyor who prepared or approved them.

 

(b) A corporation desiring a certificate of authorization forengineering, for land surveying, or for both, shall file with the board adescription of the engineering or land surveying service to be offered orpracticed in the state, upon an application form prescribed by the board andthe designation required by subsection (c) of this section accompanied by theapplication fee.

 

(c) The corporation shall file with the board a designation ofan individual or individuals duly registered and certified to practiceprofessional engineering or professional land surveying in the state who areresponsible for or in charge of the practice of professional engineering orland surveying, as applicable, by the corporation in this state. If there is achange in the individual or individuals responsible or in charge, the changesshall be designated in writing and filed with the board within thirty (30) daysafter the effective date of the change.

 

(d) If all requirements of this act are met, the board shallissue a certificate of authorization for professional engineering, for landsurveying or for both, to the corporation. The board may refuse to issue acertificate if any facts exist which would entitle the board to suspend orrevoke an existing certificate.

 

(e) A professional engineer or professional land surveyor whorenders occasional, part-time or consulting engineering or land surveyingservices to or for a firm may not be designated as the person in charge forthe professional activities of the firm.

 

(f) Repealed by Laws 1989, ch. 86, 2.

 

33-29-135. Public works.

 

 

(a) Drawings, plans, specifications and estimates for publicworks of the state or a political subdivision thereof involving engineering orland surveying, shall be prepared by or under the personal direction of, andthe construction of the works shall be executed under the direct supervision ofa qualified registrant within the category involved.

 

(b) Surveys or maps required in connection with land surveyingshall be made by or under the personal direction of a qualified registrant.

 

33-29-136. Exemptions and limitations.

 

 

(a) Engineering or land surveying may be practiced withoutcompliance with this act by:

 

(i) An officer or employee of the United States, practicingwithin the scope of his authority and employment except when filing waterrights or water right petitions with the state of Wyoming as provided in title41 of the Wyoming statutes;

 

(ii) An employee of a registrant or of a person exempt fromregistration, if the employment does not involve direct responsibility fordesign, inspection or supervision;

 

(iii) Any full-time employee of any corporation while doing workfor that corporation, provided, that all maps, plats, plans or designs filed inany office of public record in the state of Wyoming shall be made and certifiedto by a registered professional engineer or professional land surveyor asprovided by W.S. 33-29-139. This exemption does not apply to corporationsoffering their services to the public as professional engineers or professionalland surveyors or to corporations engaged in designing and supervising thebuilding of works for public or private interests not their own.

 

33-29-137. Violations.

 

 

(a) Any person who commits any of the following acts is guiltyof a misdemeanor:

 

(i) Practices, offers to practice or by any implication holdshimself out as qualified to practice as an engineer or land surveyor, who isnot registered as provided by this act;

 

(ii) Advertises or displays a card, sign or other device whichmay indicate to the public that he is an engineer or land surveyor, or isqualified to practice as such, who is not registered as provided by this act;

 

(iii) Assumes the title of engineer or land surveyor, or uses acertificate of registration of another, or uses an expired, suspended orrevoked certificate of registration;

 

(iv) Presents false evidence to the board with the intent toobtain a certificate of registration;

 

(v) Otherwise violating any provision of this act.

 

(b) Anyone found guilty of a violation of this section shall bepunished by a fine of not more than one thousand dollars ($1,000.00), byimprisonment of not more than one (1) year, or both.

 

(c) The county and prosecuting or district attorney of thecounty in which the misdemeanor is committed shall prosecute the case uponproper information of the board, or any other person interested.

 

33-29-138. Persons registered under previous law.

 

 

(a) Any individual holding a certificate of registration inthis state that is valid on July 1, 1987, shall be deemed to be registeredunder this act.

 

(b) Those registered under the provisions of subsection (a) ofthis section are eligible for renewal of their certificate of registrationpursuant to renewal requirements established in this act and the rules andregulations adopted by the board.

 

33-29-139. Maps, plats, plans or designs for filing to be made andcertified by professional engineer or surveyor; exception; size of maps.

 

(a) All maps, plats, plans or designs necessary to be filed inthe state engineer's office, the office of state lands and investments, allcounty clerks offices, all city or town offices, or any other office of publicrecord in the state of Wyoming, shall be made and certified by a professionalengineer or land surveyor registered under this act. Hardcopy originals musteither be drawn in waterproof black ink or acetate ink, or be an acceptablephotographic or other kind of reproduction on good quality tracing linen or apolyester base drafting film in a minimum thickness of four-thousandths (.004)inch, or as otherwise required by the receiving entity. Maps formatted asrequired by the receiving entity may be submitted in electronic form asprovided by the Uniform Electronic Transactions Act, W.S. 40-21-101 through40-21-119. All maps, plats, plans or designs shall conform to one (1) of thefollowing sizes and shall consist of one (1) original drawing together with one(1) print:

 

(i) Size A - Eight and one-half (8 1/2) inches wide and eleven(11) inches long;

 

(ii) Size AA - Eight and one-half (8 1/2) inches wide andfourteen (14) inches long;

 

(iii) Size B - Fifteen (15) inches long and ten and three-fourths(10 3/4) inches wide. There shall be a minimum of one and one-half (1 1/2)inches margin on the left side of the short dimension for a binding edge; theremaining three (3) margins shall be one-fourth (1/4) inch each;

 

(iv) Size C - Thirty-six (36) inches long and twenty-two (22)inches wide. There shall be a minimum of one and one-half (1 1/2) inches marginon the left side of the short dimension for a binding edge; the remaining three(3) margins shall be one-half (1/2) inch each;

 

(v) Size D - Twenty-one and one-half (21 1/2) inches long andfifteen (15) inches wide. There shall be a minimum of one and one-half (1 1/2)inches on the left side of the long dimension to serve as a binding edge; thethree (3) remaining margins shall be three-eighths (3/8) of an inch each;

 

(vi) Size E - Thirty (30) inches long and twenty-one andone-half (21 1/2) inches wide. There shall be a minimum of one and one-half (11/2) inches margin on the left side of the short dimension to serve as abinding edge; the remaining margins shall be one-half (1/2) inch each;

 

(vii) Size F - Forty (40) inches long and thirty-five (35) incheswide. There shall be margins of three-fourths (3/4) of an inch on all edges;

 

(viii) Size G - Twenty-four (24) inches by thirty-six (36) inches.There shall be a minimum of one and one-half (1 1/2) inches margin on the leftside of the short dimension to serve as a binding edge; the three (3) remainingmargins shall be one-half (1/2) inch each;

 

(ix) Size H - Eighteen (18) inches by twenty-four (24) inches.There shall be a minimum of one and one-half (1 1/2) inches on the left side ofthe long dimension to serve as a binding edge; the three (3) remaining marginsshall be three-eighths (3/8) of an inch each.

 

(b) The requirement for certification of maps and plans by aregistered engineer or land surveyor shall not apply, in the case ofapplications filed in the state engineer's office to construct small reservoirsfor stock purposes only, fishing preserve waters where the capacity of suchreservoir does not exceed twenty (20) acre feet or twenty (20) feet in fillheight; to develop springs for stockwater purposes of up to twenty-five (25)gallons per minute; or to construct flood water detention dams storing fifty(50) acre feet or less and not to exceed twenty (20) feet in fill heightprovided the dam has a minimum outlet of eighteen (18) inches diameter and thedead storage does not exceed twenty (20) acre feet.

 

(c) The application may be signed by the applicant or an agentacting for him, and may be accompanied by aerial photographs or United Statesgeological survey quadrangle maps of a scale conforming to the requirements ofthis act with designation thereon of the township, range, section, and sectioncorner or quarter corner, and the location of the installation designated inthe quarter section on the photographs or United States geological surveyquadrangle maps and a description of:

 

(i) The dam including height, width, depth, constructionmaterials, depth to be submerged and height of the free board;

 

(ii) The reservoir including length, width, average depth,submerged area and capacity;

 

(iii) If aerial photographs or United States geological maps aresubmitted they must comply with the following requirements:

 

(A) Two (2) aerial photographs or United States geologicalsurvey quadrangle maps mounted on eight (8) inch by ten (10) inch sheets mustaccompany each application;

 

(B) The minimum scale on the aerial photographs or UnitedStates geological survey quadrangle maps must be not less than two (2) inchesto the mile;

 

(C) An identified section corner or quarter corner must beshown on each photograph or United States geological survey quadrangle map;

 

(D) The entire section in which the facility is located must beshown on each photograph or United States geological survey map along withsubdivision lines showing forty (40) acre tracts;

 

(E) The location of the facility must be shown within theproper forty (40) acre subdivision.

 

(d) All applications submitted under this act must comply withproperly promulgated rules and regulations of the state engineer and the boardof control not in conflict with this act.

 

33-29-140. Short title.

 

W.S.33-29-140 through 33-29-149 may be cited as the "Corner Perpetuation andFiling Act".

 

33-29-141. Definitions.

 

(a) Except where the context indicates a different meaning,terms used in W.S. 33-29-140 through 33-29-149 shall be defined as follows:

 

(i) A "property corner" is a geographic point on thesurface of the earth, and is on, a part of, and controls a property line;

 

(ii) A "property controlling corner" for a property isa public land survey corner, or any property corner, which does not lie on aproperty line of the property in question, but which controls the location ofone (1) or more of the property corners of the property in question;

 

(iii) A "public land survey corner" is any corneractually established and monumented in an original survey or resurvey used as abasis of legal description for issuing a patent for the land to a privateperson from the United States government;

 

(iv) A "corner", unless otherwise qualified, means aproperty corner, or a property controlling corner, or a public land survey corner,or any combination of these;

 

(v) An "accessory to a corner" is any exclusivelyidentifiable physical object whose spatial relationship to the corner isrecorded. Accessories may be bearing trees, bearing objects, monuments,reference monuments, line trees, pits, mounds, charcoal-filled bottles, steelor wooden stakes, or other objects;

 

(vi) A "monument" is an accessory that is presumed tooccupy the exact position of a corner;

 

(vii) A "reference monument" is a special monument thatdoes not occupy the same geographical position as the corner itself, but whosespatial relationship to the corner is recorded and which serves to witness thecorner;

 

(viii) A "registered land surveyor" is a surveyor who isregistered to practice land surveying under W.S. 33-29-114 through 33-29-139,and has a current certificate for that calendar year;

 

(ix) The "board" is the state board of registrationfor professional engineers and professional land surveyors.

 

33-29-142. Completion of "corner file".

 

Asurveyor shall complete, sign, and file with the county clerk where the corneris situated, a written record of corner establishment or restoration to beknown as a "corner file" for every public land survey corner andaccessory to such corner which is established, reestablished, monumented,remonumented, restored, rehabilitated, perpetuated or used as control in anysurvey by such surveyor, and within ninety (90) days thereafter, unless thecorner and its accessories are substantially as described in an existing cornerrecord filed in accordance with the provisions of W.S. 33-29-140 through33-29-149.

 

33-29-143. Filing of corner reference.

 

Asurveyor may file such corner record as to any property corner, propertycontrolling corner, reference monument or accessory to a corner.

 

33-29-144. Information to be included in corner file; form.

 

Theboard shall by regulation provide and prescribe the information which shall benecessary to be included in the corner file and the board shall prescribe theform in which the corner record shall be presented and filed.

 

33-29-145. Preservation of map records; public inspection.

 

(a) The county clerk of the county containing the corners, aspart of his files, shall have on record maps of each township within the county,the bearings and lengths of the connecting lines to government corners andgovernment corners looked for and not found. These records shall be preservedin hardbound books in numerical order as filed.

 

(b) The county clerk shall make these records available forpublic inspection during all usual office hours.

 

(c) The filing fee for each corner record or certificate is onedollar ($1.00) as provided in W.S. 18-3-402(a)(xvi)(Q) and each record orcertificate shall apply to only one (1) corner.

 

33-29-146. Reconstruction or rehabilitation of monument.

 

Inevery case where a corner record of a public land survey corner is required tobe filed under the provisions of W.S. 33-29-140 through 33-29-149, the surveyormust reconstruct or rehabilitate the monument of such corner, and accessoriesto such corner, so that the same shall be left by him in such physicalcondition that it remains as permanent a monument as is reasonably possible andso that the same may be reasonably expected to be located with facility at alltimes in the future.

 

33-29-147. Signature on corner record required.

 

Nocorner record shall be filed unless the same is signed by a registered landsurveyor, or, in the case of an agency of the United States government or thestate of Wyoming, the certificate may be signed by the survey party chiefmaking the survey.

 

33-29-148. Previously existing corners.

 

Cornerrecords may be filed concerning corners established, reestablished or restoredbefore the effective date of W.S. 33-29-140 through 33-29-149.

 

33-29-149. Exemption from filing fees.

 

Allfilings relative to official cadastral surveys of the bureau of land managementof the United States of America performed by authorized personnel shall beexempt from filing fees.

 


State Codes and Statutes

State Codes and Statutes

Statutes > Wyoming > Title33 > Chapter29

CHAPTER 29 - SURVEYORS AND ENGINEERS

 

33-29-101. Repealed by Laws 1987, ch. 169, 3.

 

 

33-29-102. Repealed by Laws 1987, ch. 169, 3.

 

 

33-29-103. Repealed by Laws 1987, ch. 169, 3.

 

 

33-29-104. Repealed by Laws 1987, ch. 169, 3.

 

 

33-29-105. Repealed by Laws 1987, ch. 169, 3.

 

 

33-29-106. Repealed by Laws 1987, ch. 169, 3.

 

 

33-29-107. Repealed by Laws 1987, ch. 169, 3.

 

 

33-29-108. Repealed by Laws 1987, ch. 169, 3.

 

 

33-29-109. Repealed by Laws 1987, ch. 169, 3.

 

 

33-29-110. Repealed by Laws 1987, ch. 169, 3.

 

 

33-29-111. Renumbered by Laws 1987, ch. 169, 2.

 

 

33-29-112. Repealed by Laws 1987, ch. 169, 3.

 

33-29-113. Repealed by Laws 1987, ch. 169, 3.

 

 

33-29-114. Definitions.

 

 

(a) As used in this act:

 

(i) "Board" means the state board of registration forprofessional engineers and professional land surveyors;

 

(ii) "Engineer" means a person who, by reason ofspecial knowledge of the mathematical and physical sciences and the principlesand methods of engineering analysis and design, acquired by professionaleducation and practical experience, is qualified to practice engineering asattested by his registration as a professional engineer;

 

(iii) "Engineering practice" means professional serviceor work requiring engineering education, training and experience and theapplication of special knowledge of the mathematical, physical and engineeringsciences to the professional services or creative work as consultation,research investigation, teaching, evaluation, planning, surveying practice asdefined in subparagraphs (vii)(D) and (E) of this subsection, design, location,development and review of construction for conformance with contract documentsand design, in connection with any public or private utility, structure,building, machine, equipment, process, work or project. A person shall bedeemed to be practicing or offering to practice engineering if he practices anybranch of the profession of engineering, or by verbal claim, sign,advertisement, letterhead, card or any other manner represents himself to be aprofessional engineer, or quotes fees for professional engineering services, orexecutes contracts or agreements for professional engineering services or holdshimself out as able to perform or does perform any engineering servicerecognized by the board as engineering;

 

(iv) "Engineer-in-training" means a candidate forregistration as a professional engineer who is a graduate in an approvedengineering curriculum of four (4) or more years at a school approved by theboard or, until June 30, 1991, who has eight (8) years or more of education orexperience in engineering work which meets the standards specified by theboard. In addition the candidate shall have passed the engineer-in-training examination;

 

(v) "Land surveyor" means a person who by reason ofhis knowledge of the mathematical and physical sciences, principles of landsurveying and evidence gathering acquired by professional education andpractical experience is qualified to practice land surveying as attested by hisregistration as land surveyor;

 

(vi) "Land surveyor-in-training" means a candidate forregistration as a professional land surveyor who is a graduate of a school andcurriculum approved by the board, or who has six (6) to eight (8) years or moreof education or experience, or both, in land surveying work in a combinationwhich meets standards specified by the board. In addition, the candidate shallhave passed the land surveyor-in-training examination;

 

(vii) "Land surveying practice" means the performanceof one (1) or more of the following:

 

(A) Measurement of land to determine the position of anymonument or reference point which marks a property line, boundary or corner forthe 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 whichidentify land boundaries, rights-of-way or easements;

 

(C) Platting or plotting of lands for the purpose ofsubdividing;

 

(D) Measurement by angles, distances and elevations of naturalor man-made features in the air, in the surface and immediate subsurface of theearth, within underground workings and on the surface or within bodies of waterfor the purpose of determining or establishing their size, shape, topography,grades, contours or water surface and depths, and the preparation andperpetuation of field note records and maps depicting these features;

 

(E) Setting, resetting or replacing of points to guide thelocation of new construction;

 

(F) A person shall be deemed to be practicing or offering topractice land surveying if he by verbal claim, sign, advertisement, letterhead,card or any other manner represents himself to be a professional land surveyor,or quotes fees for professional land surveying services or executes contractsor agreements for professional land surveying services, or holds himself out asable to perform or does perform any land surveying service recognized by theboard as land surveying.

 

(viii) "Registrant" means any person registered with theboard under this act;

 

(ix) "This act" means W.S. 33-29-114 through33-29-139.

 

33-29-115. Creation of board.

 

(a) The state board of registration for professional engineersand professional land surveyors is created to consist of six (6) membersappointed by the governor for a term of four (4) years plus the state engineerwho shall serve during his term in office. The board shall be composed of:

 

(i) The state engineer;

 

(ii) A professional engineer and land surveyor in privatepractice;

 

(iii) Three (3) professional engineers, at least one (1) of whomis in a discipline other than civil;

 

(iv) A professional land surveyor not also a professionalengineer; and

 

(v) A public member, neither an engineer nor land surveyor.

 

(b) One (1) of the members in paragraph (a)(iii) of thissection shall be involved in engineering education at the university level.

 

(c) The governor may remove a member of the board as providedin W.S. 9-1-202. Appointment to fill a vacancy caused other than by expirationof term shall be for the unexpired portion of the term.

 

(d) Each member of the board shall receive a certificate ofappointment from the governor, and before beginning his term of office, heshall file with the secretary of state the constitutional oath of office.

 

33-29-116. Qualifications of board members.

 

 

(a) Each member of the board shall have been a resident of thestate for at least five (5) years immediately preceding appointment as amember.

 

(b) Each member who is an engineer or land surveyor shall havehad at least ten (10) years active professional experience as attested byregistration under this chapter.

 

33-29-117. Compensation of board members.

 

Eachmember of the board except the state engineer shall receive as salary the sumpaid each day to legislators for the time consumed in the performance of hisduties. Each member shall receive per diem and mileage allowance as allowed tostate employees. Compensation and expenses shall be paid only from the feescollected by the board.

 

33-29-118. Organization of board.

 

 

(a) The board shall biennially elect from its membership apresident and vice-president. The state engineer shall be the secretary-treasurerof the board and shall have charge of the records. The board shall hold atleast four (4) regular meetings each year and such special or called meetingsas the rules provide.

 

(b) Four (4) members constitute a quorum. No decision shall bemade unless it receives affirmative votes of at least four (4) members of theboard.

 

33-29-119. Powers and duties of board.

 

 

(a) Responsibility for enforcement of this act is vested in theboard. The board shall have all duties, powers and authority specificallygranted by and necessary to the enforcement of this act.

 

(b) The board may make, adopt, amend, repeal and enforcereasonable rules and regulations necessary for the proper administration andenforcement of this act.

 

(c) Powers and duties of the board include the following:

 

(i) Adopt an official seal for attestation of certificates ofregistration and other official papers and documents;

 

(ii) Consider and pass upon applications for registration;

 

(iii) Examine, certify, renew and recertify for registration ofduly qualified individuals;

 

(iv) Hear and pass upon complaints or charges or direct ahearing officer to hear and make recommendations to the board on complaints andcharges;

 

(v) Appoint professionals to committees to conductinvestigations, surveys, evaluations and other functions as the board deemsnecessary;

 

(vi) Determine and administer appropriate disciplinary actionagainst all individuals found guilty by the board of violating this act or therules and regulations of the board;

 

(vii) Compel attendance of witnesses, administer oaths and taketestimony concerning all matters coming within its jurisdiction;

 

(viii) Keep a record of its proceedings;

 

(ix) Keep a register which shall show the date of each applicationfor registration, the name of the applicant, the practice or branch of practicein which the applicant has applied for registration and the disposition of theapplication;

 

(x) Determine and collect reasonable registration and renewalfees not to exceed two hundred dollars ($200.00) each as established by therules and regulations of the board;

 

(xi) Perform such other duties as may be necessary to carry outthe purposes of this act.

 

(d) The board shall specify on the certificate of registrationand renewal card issued to each registered engineer the branch of engineeringin which the engineer has demonstrated proficiency and authorize him to use thetitle of registered professional engineer. The board shall decide whatbranches of engineering shall be recognized.

 

(e) The board may hold membership in and be represented atnational councils or organizations of professions registered under this act andmay pay the appropriate membership fees. The board may conduct standardexaminations on behalf of national councils and may establish fees for thoseexaminations.

 

(f) The board may employ persons as it deems necessary toadminister and enforce this act including persons paid on a fee basis toprepare and grade examinations given to applicants for registration and to fixthe fee to be paid for the services. The employees are authorized to prepare,grade and monitor examinations and perform other services the board authorizesand receive payment therefor.

 

(g) The board may adopt a nationally recognized code of ethicsfor the practice of engineering and land surveying for registrants.

 

(h) The board may require evidence it deems necessary toestablish the continuing competency of registrants as a condition of renewal oflicenses.

 

33-29-120. Petition for injunction.

 

 

(a) The district court shall issue an injunction forthwith upona petition filed as provided in this section to enjoin the practice ofengineering or land surveying by any person not registered to practice thoseoccupations or who is not exempt under this act from registration requirements.

 

(b) The district court of the district in which the offendingparty resides or the district court of Laramie county shall have originaljurisdiction of any injunction proceedings.

 

(c) In a petition for injunction pursuant to subsection (a) ofthis section, it shall be sufficient to charge that the respondent on a daycertain in a named county engaged in the practice of engineering or landsurveying without a registration and without being exempt under this act fromregistration requirements. No showing of actual damage or injury shall berequired.

 

(d) The petition shall be filed in the name of the state by theboard or at the request of the board by the attorney general or any county ordistrict attorney in any county where the respondent resides or may be found.

 

(e) Issuance of an injunction shall not relieve respondent frombeing subject to any other proceeding under this act. Any violation of aninjunction shall be punished as contempt of court.

 

33-29-121. Annual report of board; filing copies of lists ofregistrants.

 

InOctober of each year the board shall make a report to the governor which shallbe accompanied by a copy of the list of registrants. A copy of the list shallalso be filed with the secretary of state and with the clerk of each county.

 

33-29-122. Technical registration fund.

 

Thesecretary shall transmit to the state treasurer all fees or other revenuesreceived by the board to be credited to a separate account. Revenues of theboard shall be subject at all times to the warrant of the state auditor, drawnupon written requisition of the secretary of the board for payment of anyexpenses received by the board.

 

33-29-123. Immunity from personal liability.

 

 

(a) Members, agents and employees of the board, and any personreporting information to the board under oath, are immune from personalliability with respect to acts done and actions taken in good faith withoutfraud or malice.

 

(b) The immunity provided by this section shall extend to themembers of any professional review committee, investigator and witnessesappearing before the committee or board.

 

33-29-124. Certificate required for the practice of engineering or landsurveying.

 

Aperson desiring to practice the profession of engineering or land surveyingshall first secure a certificate of registration and shall comply with allconditions prescribed in this act.

 

33-29-125. Qualifications for in-training registration.

 

 

(a) An applicant for in-training registration as an engineershall:

 

(i) Be of good moral character and repute; and

 

(ii) Have a bachelor degree in an engineering curriculumapproved by the board; or

 

(iii) Have eight (8) years or more of education or experience, orboth, in engineering work of a character satisfactory to the board. Thisparagraph is repealed June 30, 1991; and

 

(iv) Unless exempt under W.S. 33-29-130(c), pass theengineer-in-training examination.

 

(b) An applicant for in-training registration as a landsurveyor shall:

 

(i) Be of good moral character and repute; and

 

(ii) Have a bachelor of science degree in a land surveying orengineering curriculum approved by the board which curriculum included at leastthirty (30) semester credit hours in surveying, mapping and other coursesapproved by the board; or

 

(iii) Have an associate degree in surveying technology curriculumapproved by the board plus four (4) years of combined office and fieldexperience in land surveying, of which two (2) years shall have been in chargeof land surveying projects under the supervision of a registered land surveyor;or

 

(iv) Have eight (8) years of combined office and fieldexperience in land surveying, of which two (2) years shall have been in chargeof land surveying projects under the supervision of a registered landsurveyor. This paragraph is repealed June 30, 1991;

 

(v) Unless exempt under W.S. 33-29-130(c), pass the landsurveyor-in-training examination.

 

33-29-126. Qualifications for professional registration.

 

 

(a) An applicant for professional registration as an engineershall:

 

(i) Be of good moral character and repute;

 

(ii) Be registered as an engineer-in-training;

 

(iii) Be actively engaged in education or experience, or both, inprofessional engineering satisfactory to the board for at least an additionalfour (4) years beyond that required for registration as anengineer-in-training;

 

(iv) Unless exempt under W.S. 33-29-130, pass the in-trainingand professional examinations in the discipline in which registration issought.

 

(b) An applicant for professional registration as a landsurveyor shall:

 

(i) Be of good moral character and repute;

 

(ii) Be registered as a land surveyor-in-training;

 

(iii) Be actively engaged in education and experience,satisfactory to the board, in professional land surveying, for at least anadditional four (4) years beyond that required for registration as a landsurveyor-in-training;

 

(iv) Unless exempt under W.S. 33-29-130, pass the in-trainingand professional examinations.

 

(c) In computing the period of active engagement required underthis section:

 

(i) Study satisfactorily completed in an engineering graduateschool approved by the board is equivalent to a maximum of one (1) year ofactive engagement. Each year of full-time employment teaching engineeringsubjects in a school approved by the board is equivalent to one (1) year ofactive engagement;

 

(ii) Study satisfactorily completed in a graduate level landsurveying curriculum and school approved by the board is considered equivalentto a maximum of one (1) year of active engagement. Each year of full-timeemployment teaching land surveying or other courses approved by the board aspertinent to the profession in which registration is sought in a schoolapproved by the board is equivalent to one (1) year of active engagement;

 

(iii) Each year of experience shall be of a professional natureunder the supervision of a registered professional engineer or land surveyor,as appropriate, and of a character satisfactory to the board.

 

(d) Experience credited by the board under this section andW.S. 33-29-124, 33-29-125 and 33-29-130 shall be attained under the directsupervision of a professional who is satisfactory to the board and registeredin this state, another state or foreign country in the profession in which theapplicant is seeking registration.

 

33-29-127. Application for registration.

 

 

(a) A person desiring to practice engineering or land surveyingshall apply for registration on a form prescribed by the board, subscribedunder oath and accompanied by the application fee. If the evidence submittedsatisfies the board that the applicant is fully qualified under W.S. 33-29-126or 33-29-130 to practice the profession for which registration is asked, theapplicant shall be given a certificate of registration, signed by the presidentand secretary of the board and attested by the official seal.

 

(b) If in the judgment of the board the applicant has notfurnished satisfactory evidence of qualifications for registration under W.S.33-29-126 or 33-29-130 the board may require additional data, or may requirethe applicant to submit to an additional oral or written examination specifiedby the board in its rules and regulations.

 

(c) If the application is denied, the application fee shall beretained by the board.

 

33-29-128. Fees.

 

 

(a) The board shall publish in its rules a schedule of fees forapplications, examinations and other miscellaneous services not to exceed thefollowing:

 

(i) Two hundred dollars ($200.00) for any single application. An application for professional engineer and land surveyor shall be consideredas two (2) applications;

 

(ii) Two hundred dollars ($200.00) for any single examination orpart of an examination;

 

(iii) The cost of rendering other miscellaneous services.

 

33-29-129. Seals for registrants.

 

(a) The board shall adopt and prescribe seals for use ofregistrants who hold valid certificates. Each seal shall bear the name of theregistrant, shall state the profession in which he is permitted to practiceand, in the case of engineering, the branch or branches of engineering in whichhe has demonstrated proficiency, and other data the board deems pertinent.

 

(b) Nonelectronic plans, specifications, plats or reportsprepared by a registrant or his bona fide employee shall be issued under hisseal.

 

(c) It is unlawful for a registrant whose certificate hasexpired or has been revoked or suspended to use the seal, or for a registrantto sign, stamp or seal any document not prepared by him or by an employee underhis supervision.

 

(d) It is unlawful for any nonregistrant to cause or permit theillegal use of a registrant's seal, signature or stamp on any document preparedby the nonregistrant.

 

33-29-130. Registration without examination.

 

 

(a) The board may register without examination an applicant forprofessional engineer who holds a valid certificate of registration issued byanother state or foreign country which has or had requirements for registrationsubstantially similar to those of this state.

 

(b) An applicant for professional registration as a landsurveyor who satisfies any one (1) of the requirements of subsection (a) ofthis section shall pass the part of the professional land surveyor examinationrelating to the surveying methods and legal principles in this state asprescribed by the board in its rules.

 

(c) The board may exempt an applicant from the in-trainingexamination if he is a graduate of a school and curriculum approved by theboard and has been actively engaged in experience in the profession for whichregistration is sought for at least twenty (20) years after graduation.

 

33-29-131. Renewal of certificates; fees and penalties.

 

 

(a) The board may establish a staggered system for renewingcertificates of registration on a biennial basis.

 

(b) Certificates of registration are invalid after theirexpiration date unless renewed by payment of the required renewal fee. If therenewal fee is not paid prior to the expiration date, it shall be accompaniedby a penalty fee established by the board based on the period of delinquencybut the total fee shall not exceed the amount of the registration fee.

 

(c) The board may cancel a certificate of registration if ithas remained invalid for two (2) years and require a new application,accompanied by the application fee for reregistration.

 

(d) The board shall establish the biennial renewal fee for eachcertificate issued pursuant to this act which shall not exceed two hundreddollars ($200.00).

 

33-29-132. Revocation of certificate; censure; probation; hearing;notice of findings; appeal.

 

(a) The board may take the following disciplinary actions, incombination or alternatively:

 

(i) Revocation of a certificate of registration;

 

(ii) Suspension of a certificate of registration;

 

(iii) Imposition of an administrative penalty in an amount not toexceed two thousand dollars ($2,000.00) for each violation of this act orrules promulgated under this act to be collected, paid to the state treasurerand credited as provided in W.S. 8-1-109;

 

(iv) Imposition of restrictions on the scope of the registrant'sprofessional practice;

 

(v) Imposition of peer review and professional educationrequirements;

 

(vi) Imposition of probation requirements best adapted toprotect the public safety, health and welfare which may include a requirementfor restitution payments to professional services clients or to other personssuffering economic loss resulting from violations of this act or rulespromulgated under this act;

 

(vii) Issuance of a written reprimand.

 

(b) The board may take disciplinary action against the holderof a certificate under this act, upon proof satisfactory to the board that theperson:

 

(i) Has engaged in any act inconsistent with uniform andreasonable standards of professional conduct as defined by board rules andregulations;

 

(ii) Has practiced fraud or misrepresentation:

 

(A) In obtaining a certificate of qualification, whether in theapplication or qualification examination;

 

(B) In submitting any information or record to the board; or

 

(C) In signing any document as a registered professional.

 

(iii) Is unfit to practice by reason of incompetence, habitual orgross negligence or other misconduct in the practice of his profession;

 

(iv) Has aided or abetted another to evade or violate this actor knowingly combining or conspiring with an unregistered person, or allowingone's registration to be used by an unregistered person or acting as agent,partner, associate or otherwise, for an unregistered person with intent toevade or violate this act;

 

(v) Has had a license to practice engineering or land surveyingin another jurisdiction, territory or possession of the United States denied,revoked, suspended or otherwise restricted other than by reason of failure torenew or meet education requirements;

 

(vi) Has been found guilty by a court or has entered a plea ofnolo contendere to a felony;

 

(vii) Has knowingly engaged in an act which the registrant knewwas beyond the scope of his professional practice as evidenced by limitationson the registrant's right to practice, or insufficient education and knowledge,or inability to apply engineering or land surveying principles and skills;

 

(viii) Has violated this act, W.S. 33-29-140 through 33-29-149 orany provision of the rules or regulations of the board or any order of theboard.

 

(c) Upon reasonable grounds to believe that a person under theboard's authority has committed acts in violation of this act, the board mayconduct investigations, hearings and proceedings to determine whether adisciplinary action should be taken against the holder of a certificate underthis act. The board may issue subpoenas for the attendance of witnesses and theproduction of books, records, documents and other evidence it deems relevant toan investigation or hearing. A disciplinary action may be informally settledby the board and the holder of a certificate under this act who is the subjectof the action either before or after initiation of hearing proceedings.

 

(d) The accused may appear personally or be represented by hisattorney at the hearing and present witnesses and evidence in his defense andhe may cross-examine witnesses against him.

 

(e) The board shall immediately notify the clerk of each countyin the state and the secretary of state, in the case of a corporation or firm,of the suspension or revocation of a certificate or of the reissuance of asuspended or revoked certificate.

 

(f) Any person whose license has been denied, suspended orrevoked pursuant to this act may apply to the board after fulfilling thoserequirements determined by the board. The board may grant or deny theapplication or it may modify its original findings to reflect any circumstancesthat have changed sufficiently to warrant modifications.

 

(g) As a result of disciplinary action, the board may inaddition to the other powers and duties, issue, renew or reinstate licensessubject to reasonable conditions which the board may impose.

 

(h) Decisions of the board are subject to judicial review asprovided by law.

 

(j) Upon receipt from the department of family services of acertified copy of an order from a court to withhold, suspend or otherwiserestrict a permit issued by the board, the board shall notify the party namedin the court order of the withholding, suspension or restriction of the permitin accordance with the terms of the court order. No appeal under the WyomingAdministrative Procedure Act shall be allowed for a permit withheld, suspendedor restricted under this subsection.

 

33-29-133. Confidentiality of records.

 

Examinationmaterial, file records of examination grading and performance, transcripts ofeducational institutions, letters of inquiry and reference concerningapplicants, board inquiry forms concerning applicants and investigation filesof any investigation which is pending are confidential and not public records.

 

33-29-134. Practice by corporations.

 

 

(a) The practice of or offer to practice professionalengineering or professional land surveying by individual registeredprofessional engineers or individual registered professional land surveyors,through a corporation, or by a corporation through individual registeredprofessional engineers or individual registered professional land surveyors, asemployees or officers, is permitted subject to the provisions of this act. Allpersonnel of the corporation who act in its behalf as professional engineers orprofessional land surveyors in this state must be registered as provided bythis act, or be persons lawfully practicing under the exceptions enumerated inW.S. 33-29-136. The corporation, except utilities regulated by the Wyomingpublic service commission, shall apply for and be issued a certificate ofauthorization by the board as provided by this act. No corporation shall berelieved of responsibility for the conduct or acts of its employees or officersby reason of its compliance with this act, nor shall any individual practicingprofessional engineering or professional land surveying be relieved ofresponsibility for engineering or land surveying services performed by reasonof his employment or relationship with the corporation. All final drawings,specifications, plats, reports, or other engineering or land surveying papersor documents involving the practice of professional engineering or professionalland surveying, which are prepared or approved for the use of or for deliveryto any person or for public record within this state shall be dated and bearthe signature and seal of the professional engineer or professional landsurveyor who prepared or approved them.

 

(b) A corporation desiring a certificate of authorization forengineering, for land surveying, or for both, shall file with the board adescription of the engineering or land surveying service to be offered orpracticed in the state, upon an application form prescribed by the board andthe designation required by subsection (c) of this section accompanied by theapplication fee.

 

(c) The corporation shall file with the board a designation ofan individual or individuals duly registered and certified to practiceprofessional engineering or professional land surveying in the state who areresponsible for or in charge of the practice of professional engineering orland surveying, as applicable, by the corporation in this state. If there is achange in the individual or individuals responsible or in charge, the changesshall be designated in writing and filed with the board within thirty (30) daysafter the effective date of the change.

 

(d) If all requirements of this act are met, the board shallissue a certificate of authorization for professional engineering, for landsurveying or for both, to the corporation. The board may refuse to issue acertificate if any facts exist which would entitle the board to suspend orrevoke an existing certificate.

 

(e) A professional engineer or professional land surveyor whorenders occasional, part-time or consulting engineering or land surveyingservices to or for a firm may not be designated as the person in charge forthe professional activities of the firm.

 

(f) Repealed by Laws 1989, ch. 86, 2.

 

33-29-135. Public works.

 

 

(a) Drawings, plans, specifications and estimates for publicworks of the state or a political subdivision thereof involving engineering orland surveying, shall be prepared by or under the personal direction of, andthe construction of the works shall be executed under the direct supervision ofa qualified registrant within the category involved.

 

(b) Surveys or maps required in connection with land surveyingshall be made by or under the personal direction of a qualified registrant.

 

33-29-136. Exemptions and limitations.

 

 

(a) Engineering or land surveying may be practiced withoutcompliance with this act by:

 

(i) An officer or employee of the United States, practicingwithin the scope of his authority and employment except when filing waterrights or water right petitions with the state of Wyoming as provided in title41 of the Wyoming statutes;

 

(ii) An employee of a registrant or of a person exempt fromregistration, if the employment does not involve direct responsibility fordesign, inspection or supervision;

 

(iii) Any full-time employee of any corporation while doing workfor that corporation, provided, that all maps, plats, plans or designs filed inany office of public record in the state of Wyoming shall be made and certifiedto by a registered professional engineer or professional land surveyor asprovided by W.S. 33-29-139. This exemption does not apply to corporationsoffering their services to the public as professional engineers or professionalland surveyors or to corporations engaged in designing and supervising thebuilding of works for public or private interests not their own.

 

33-29-137. Violations.

 

 

(a) Any person who commits any of the following acts is guiltyof a misdemeanor:

 

(i) Practices, offers to practice or by any implication holdshimself out as qualified to practice as an engineer or land surveyor, who isnot registered as provided by this act;

 

(ii) Advertises or displays a card, sign or other device whichmay indicate to the public that he is an engineer or land surveyor, or isqualified to practice as such, who is not registered as provided by this act;

 

(iii) Assumes the title of engineer or land surveyor, or uses acertificate of registration of another, or uses an expired, suspended orrevoked certificate of registration;

 

(iv) Presents false evidence to the board with the intent toobtain a certificate of registration;

 

(v) Otherwise violating any provision of this act.

 

(b) Anyone found guilty of a violation of this section shall bepunished by a fine of not more than one thousand dollars ($1,000.00), byimprisonment of not more than one (1) year, or both.

 

(c) The county and prosecuting or district attorney of thecounty in which the misdemeanor is committed shall prosecute the case uponproper information of the board, or any other person interested.

 

33-29-138. Persons registered under previous law.

 

 

(a) Any individual holding a certificate of registration inthis state that is valid on July 1, 1987, shall be deemed to be registeredunder this act.

 

(b) Those registered under the provisions of subsection (a) ofthis section are eligible for renewal of their certificate of registrationpursuant to renewal requirements established in this act and the rules andregulations adopted by the board.

 

33-29-139. Maps, plats, plans or designs for filing to be made andcertified by professional engineer or surveyor; exception; size of maps.

 

(a) All maps, plats, plans or designs necessary to be filed inthe state engineer's office, the office of state lands and investments, allcounty clerks offices, all city or town offices, or any other office of publicrecord in the state of Wyoming, shall be made and certified by a professionalengineer or land surveyor registered under this act. Hardcopy originals musteither be drawn in waterproof black ink or acetate ink, or be an acceptablephotographic or other kind of reproduction on good quality tracing linen or apolyester base drafting film in a minimum thickness of four-thousandths (.004)inch, or as otherwise required by the receiving entity. Maps formatted asrequired by the receiving entity may be submitted in electronic form asprovided by the Uniform Electronic Transactions Act, W.S. 40-21-101 through40-21-119. All maps, plats, plans or designs shall conform to one (1) of thefollowing sizes and shall consist of one (1) original drawing together with one(1) print:

 

(i) Size A - Eight and one-half (8 1/2) inches wide and eleven(11) inches long;

 

(ii) Size AA - Eight and one-half (8 1/2) inches wide andfourteen (14) inches long;

 

(iii) Size B - Fifteen (15) inches long and ten and three-fourths(10 3/4) inches wide. There shall be a minimum of one and one-half (1 1/2)inches margin on the left side of the short dimension for a binding edge; theremaining three (3) margins shall be one-fourth (1/4) inch each;

 

(iv) Size C - Thirty-six (36) inches long and twenty-two (22)inches wide. There shall be a minimum of one and one-half (1 1/2) inches marginon the left side of the short dimension for a binding edge; the remaining three(3) margins shall be one-half (1/2) inch each;

 

(v) Size D - Twenty-one and one-half (21 1/2) inches long andfifteen (15) inches wide. There shall be a minimum of one and one-half (1 1/2)inches on the left side of the long dimension to serve as a binding edge; thethree (3) remaining margins shall be three-eighths (3/8) of an inch each;

 

(vi) Size E - Thirty (30) inches long and twenty-one andone-half (21 1/2) inches wide. There shall be a minimum of one and one-half (11/2) inches margin on the left side of the short dimension to serve as abinding edge; the remaining margins shall be one-half (1/2) inch each;

 

(vii) Size F - Forty (40) inches long and thirty-five (35) incheswide. There shall be margins of three-fourths (3/4) of an inch on all edges;

 

(viii) Size G - Twenty-four (24) inches by thirty-six (36) inches.There shall be a minimum of one and one-half (1 1/2) inches margin on the leftside of the short dimension to serve as a binding edge; the three (3) remainingmargins shall be one-half (1/2) inch each;

 

(ix) Size H - Eighteen (18) inches by twenty-four (24) inches.There shall be a minimum of one and one-half (1 1/2) inches on the left side ofthe long dimension to serve as a binding edge; the three (3) remaining marginsshall be three-eighths (3/8) of an inch each.

 

(b) The requirement for certification of maps and plans by aregistered engineer or land surveyor shall not apply, in the case ofapplications filed in the state engineer's office to construct small reservoirsfor stock purposes only, fishing preserve waters where the capacity of suchreservoir does not exceed twenty (20) acre feet or twenty (20) feet in fillheight; to develop springs for stockwater purposes of up to twenty-five (25)gallons per minute; or to construct flood water detention dams storing fifty(50) acre feet or less and not to exceed twenty (20) feet in fill heightprovided the dam has a minimum outlet of eighteen (18) inches diameter and thedead storage does not exceed twenty (20) acre feet.

 

(c) The application may be signed by the applicant or an agentacting for him, and may be accompanied by aerial photographs or United Statesgeological survey quadrangle maps of a scale conforming to the requirements ofthis act with designation thereon of the township, range, section, and sectioncorner or quarter corner, and the location of the installation designated inthe quarter section on the photographs or United States geological surveyquadrangle maps and a description of:

 

(i) The dam including height, width, depth, constructionmaterials, depth to be submerged and height of the free board;

 

(ii) The reservoir including length, width, average depth,submerged area and capacity;

 

(iii) If aerial photographs or United States geological maps aresubmitted they must comply with the following requirements:

 

(A) Two (2) aerial photographs or United States geologicalsurvey quadrangle maps mounted on eight (8) inch by ten (10) inch sheets mustaccompany each application;

 

(B) The minimum scale on the aerial photographs or UnitedStates geological survey quadrangle maps must be not less than two (2) inchesto the mile;

 

(C) An identified section corner or quarter corner must beshown on each photograph or United States geological survey quadrangle map;

 

(D) The entire section in which the facility is located must beshown on each photograph or United States geological survey map along withsubdivision lines showing forty (40) acre tracts;

 

(E) The location of the facility must be shown within theproper forty (40) acre subdivision.

 

(d) All applications submitted under this act must comply withproperly promulgated rules and regulations of the state engineer and the boardof control not in conflict with this act.

 

33-29-140. Short title.

 

W.S.33-29-140 through 33-29-149 may be cited as the "Corner Perpetuation andFiling Act".

 

33-29-141. Definitions.

 

(a) Except where the context indicates a different meaning,terms used in W.S. 33-29-140 through 33-29-149 shall be defined as follows:

 

(i) A "property corner" is a geographic point on thesurface of the earth, and is on, a part of, and controls a property line;

 

(ii) A "property controlling corner" for a property isa public land survey corner, or any property corner, which does not lie on aproperty line of the property in question, but which controls the location ofone (1) or more of the property corners of the property in question;

 

(iii) A "public land survey corner" is any corneractually established and monumented in an original survey or resurvey used as abasis of legal description for issuing a patent for the land to a privateperson from the United States government;

 

(iv) A "corner", unless otherwise qualified, means aproperty corner, or a property controlling corner, or a public land survey corner,or any combination of these;

 

(v) An "accessory to a corner" is any exclusivelyidentifiable physical object whose spatial relationship to the corner isrecorded. Accessories may be bearing trees, bearing objects, monuments,reference monuments, line trees, pits, mounds, charcoal-filled bottles, steelor wooden stakes, or other objects;

 

(vi) A "monument" is an accessory that is presumed tooccupy the exact position of a corner;

 

(vii) A "reference monument" is a special monument thatdoes not occupy the same geographical position as the corner itself, but whosespatial relationship to the corner is recorded and which serves to witness thecorner;

 

(viii) A "registered land surveyor" is a surveyor who isregistered to practice land surveying under W.S. 33-29-114 through 33-29-139,and has a current certificate for that calendar year;

 

(ix) The "board" is the state board of registrationfor professional engineers and professional land surveyors.

 

33-29-142. Completion of "corner file".

 

Asurveyor shall complete, sign, and file with the county clerk where the corneris situated, a written record of corner establishment or restoration to beknown as a "corner file" for every public land survey corner andaccessory to such corner which is established, reestablished, monumented,remonumented, restored, rehabilitated, perpetuated or used as control in anysurvey by such surveyor, and within ninety (90) days thereafter, unless thecorner and its accessories are substantially as described in an existing cornerrecord filed in accordance with the provisions of W.S. 33-29-140 through33-29-149.

 

33-29-143. Filing of corner reference.

 

Asurveyor may file such corner record as to any property corner, propertycontrolling corner, reference monument or accessory to a corner.

 

33-29-144. Information to be included in corner file; form.

 

Theboard shall by regulation provide and prescribe the information which shall benecessary to be included in the corner file and the board shall prescribe theform in which the corner record shall be presented and filed.

 

33-29-145. Preservation of map records; public inspection.

 

(a) The county clerk of the county containing the corners, aspart of his files, shall have on record maps of each township within the county,the bearings and lengths of the connecting lines to government corners andgovernment corners looked for and not found. These records shall be preservedin hardbound books in numerical order as filed.

 

(b) The county clerk shall make these records available forpublic inspection during all usual office hours.

 

(c) The filing fee for each corner record or certificate is onedollar ($1.00) as provided in W.S. 18-3-402(a)(xvi)(Q) and each record orcertificate shall apply to only one (1) corner.

 

33-29-146. Reconstruction or rehabilitation of monument.

 

Inevery case where a corner record of a public land survey corner is required tobe filed under the provisions of W.S. 33-29-140 through 33-29-149, the surveyormust reconstruct or rehabilitate the monument of such corner, and accessoriesto such corner, so that the same shall be left by him in such physicalcondition that it remains as permanent a monument as is reasonably possible andso that the same may be reasonably expected to be located with facility at alltimes in the future.

 

33-29-147. Signature on corner record required.

 

Nocorner record shall be filed unless the same is signed by a registered landsurveyor, or, in the case of an agency of the United States government or thestate of Wyoming, the certificate may be signed by the survey party chiefmaking the survey.

 

33-29-148. Previously existing corners.

 

Cornerrecords may be filed concerning corners established, reestablished or restoredbefore the effective date of W.S. 33-29-140 through 33-29-149.

 

33-29-149. Exemption from filing fees.

 

Allfilings relative to official cadastral surveys of the bureau of land managementof the United States of America performed by authorized personnel shall beexempt from filing fees.

 

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