USA Statutes : nevada
Title : Title 54 - PROFESSIONS, OCCUPATIONS AND BUSINESSES
Chapter : CHAPTER 625 - PROFESSIONAL ENGINEERS AND SURVEYORS
The purpose of this chapter is to safeguard
life, health and property and to promote the public welfare by providing
for the licensure of qualified and competent professional engineers and
professional land surveyors.
(Added to NRS by 1991, 2236; A 1997, 1040)
As used in this chapter, unless the
context otherwise requires, the words and terms defined in NRS 625.010
to 625.090 , inclusive, have the meanings ascribed to them
in those sections.
(Added to NRS by 1991, 2236; A 1997, 1040)
“Board” means the State Board of
Professional Engineers and Land Surveyors.
[Part 2:198:1919; A 1937, 491; 1947, 797; 1949, 639; 1951,
459]—(NRS A 1979, 1101; 1991, 2237; 1993, 125)
“Discipline” means a recognized
field of study in professional engineering as determined by the Board.
(Added to NRS by 1991, 2237)
“Engineer intern” means a
person who has satisfied the requirements of NRS 625.386 and subsection 1 of NRS 625.390 .
[Part 2:198:1919; A 1937, 491; 1947, 797; 1949, 639; 1951,
459]—(NRS A 1977, 740; 1989, 778; 1991, 2237; 1995, 45; 1997, 1040)
“Intern” means an engineer intern
or a land surveyor intern.
(Added to NRS by 1997, 1038)
“Land surveyor
intern” means a person who has satisfied the requirements of NRS 625.386
and subsection 1 of NRS 625.390 .
(Added to NRS by 1979, 1099; A 1991, 2237; 1995, 45; 1997, 1040)
“Licensee” means a professional
engineer or professional land surveyor licensed pursuant to the
provisions of this chapter.
(Added to NRS by 1997, 1038)
1. A person who, in a private or public capacity, does or offers
to do any one or more of the following practices land surveying:
(a) Locates, relocates, establishes, reestablishes or retraces any
property line or boundary of any tract of land or any road, right-of-way,
easement, alignment or elevation of any of the fixed works embraced
within the practice of professional engineering as described in NRS
625.050 .
(b) Makes any survey for the subdivision or resubdivision of any
tract of land.
(c) Determines, by the use of the principles of land surveying, the
position for any monument or reference point which marks a property line,
boundary or corner, or sets, resets or replaces any such monument or
reference point.
(d) Determines the configuration or contour of the earth’s surface
or the position of fixed objects thereon by measuring lines and angles
and applying the principles of trigonometry.
(e) Geodetic or cadastral surveying.
(f) Municipal and topographic surveying.
(g) Determines the information shown or to be shown on any map or
document prepared or furnished in connection with any one or more of the
functions described in paragraphs (a) to (f), inclusive, of this
subsection.
(h) Indicates in any manner, by the use of the title “land
surveyor,” or by any other representation, that he practices or offers to
practice land surveying.
(i) Procures or offers to procure land-surveying work for others or
for himself.
(j) Manages or conducts as manager, proprietor or agent any place
from which land-surveying work is solicited, performed or practiced.
2. A person practices land surveying if he professes to be a land
surveyor or is in a responsible charge of land-surveying work.
3. Making a survey exclusively for geological or landscaping
purposes, or aerial photographs or photogrammetry, not involving any of
the practices specified in subsection 1, does not constitute land
surveying.
4. The practice of land surveying does not include the design,
either in whole or in part, of any structure or fixed works embraced in
the practice of professional engineering.
[Part 11 1/2:198:1919; added 1947, 797; A 1955, 391] + [Part
13:198:1919; added 1947, 797; A 1949, 639; 1955, 391]—(NRS A 1961, 312;
1977, 741; 1989, 778; 1991, 2237)
1. “The practice of professional engineering” includes, but is not
limited to:
(a) Any professional service which involves the application of
engineering principles and data, such as surveying, consultation,
investigation, evaluation, planning and design, or responsible
supervision of construction or operation in connection with any public or
private utility, structure, building, machine, equipment, process, work
or project, wherein the public welfare or the safeguarding of life,
health or property is concerned or involved.
(b) Such other services as are necessary to the planning, progress
and completion of any engineering project or to the performance of any
engineering service.
2. The practice of engineering does not include land surveying or
the work ordinarily performed by persons who operate or maintain
machinery or equipment.
[Part 2:198:1919; A 1937, 491; 1947, 797; 1949, 639; 1951,
459]—(NRS A 1961, 313; 1967, 950; 1991, 2238)
“Professional
engineer” means a person who by reason of his professional education and
practical experience is granted a license by the Board to practice
professional engineering.
[Part 2:198:1919; A 1937, 491; 1947, 797; 1949, 639; 1951,
459]—(NRS A 1991, 2239; 1997, 1040)
“Professional
land surveyor” means a person who by reason of his professional education
and practical experience is granted a license by the Board to practice
land surveying in this State.
[Part 11 1/2:198:1919; added 1947, 797; A 1955, 391]—(NRS A 1989,
779; 1991, 2239; 1997, 1040)
“Responsible
charge of work” means the independent control and direction, by the use
of initiative, skill and independent judgment, of the investigation or
design of professional engineering or land-surveying work or the
supervision of such work.
[Part 11 1/2:198:1919; added 1947, 797; A 1955, 391]—(NRS A 1965,
1323; 1975, 819; 1991, 2239)
“Subordinate” means any person
directly supervised by a professional land surveyor or professional
engineer who assists a professional land surveyor or professional
engineer in the practice of land surveying or professional engineering.
[Part 11 1/2:198:1919; added 1947, 797; A 1955, 391]—(NRS A 1965,
1323; 1989, 779; 1991, 2239)
STATE BOARD OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS
1. The Governor shall appoint nine persons, six of whom must be
engaged in the practice or teaching of professional engineering in any of
its disciplines except military engineering, and two of whom must be
engaged in the practice or teaching of land surveying and one of whom
must be a member of the general public. The members must be citizens of
the United States and residents of this State, and constitute the State
Board of Professional Engineers and Land Surveyors.
2. All appointments made for members who are engaged in the
practice or teaching of professional engineering or land surveying must
be made from the current roster of professional engineers and
professional land surveyors as issued by the Board and on file in the
office of the Secretary of State. Insofar as practicable, membership on
the Board of those members must be distributed proportionately among the
recognized disciplines of the profession. The members who are
professional land surveyors must not be professional engineers.
3. Within 30 days after his appointment, each member shall take
and subscribe to the oath of office as prescribed by the laws of Nevada
and shall file the oath with the Secretary of State.
[1:198:1919; A 1935, 377; 1949, 639; 1951, 459; 1955, 391]—(NRS A
1965, 1323; 1977, 1249; 1979, 1101; 1991, 2239; 1993, 125; 1997, 1040;
2003, 2109 ; 2005, 205 )
1. The Board shall elect officers from its members and, by
regulation, establish the:
(a) Offices to which members may be elected;
(b) Title and term for each office; and
(c) Procedure for electing members to each office.
2. At any meeting, five members constitute a quorum.
3. Each member is entitled to receive:
(a) A salary of not more than $80 per day, as fixed by the Board,
while engaged in the business of the Board; and
(b) A per diem allowance and travel expenses, at a rate fixed by
the Board, while engaged in the business of the Board. The rate must not
exceed the rate provided for state officers and employees generally.
4. While engaged in the business of the Board, each employee of
the Board is entitled to receive a per diem allowance and travel expenses
at a rate fixed by the Board. The rate must not exceed the rate provided
for state officers and employees generally.
5. The salaries of members of the Board and employees of the Board
must be paid from the fees received by the Board pursuant to the
provisions of this chapter, and no part of those salaries may be paid out
of the State General Fund.
6. The Board shall appoint an Executive Director who serves at the
pleasure of the Board and is entitled to receive such compensation as may
be fixed by the Board.
[4:198:1919; A 1947, 797; 1943 NCL § 2873]—(NRS A 1963, 146; 1965,
1324; 1975, 302, 720; 1981, 1991; 1983, 804; 1989, 779, 1694; 1997, 1041;
2005, 206 )
The Board may maintain offices in as many
localities in the State as it finds necessary to carry out the provisions
of this chapter.
[Part 3:198:1919; A 1937, 491; 1947, 797; 1949, 639; 1951, 459;
1955, 391]—(NRS A 1963, 147; 1989, 779)
The Board shall adopt and have an official seal.
[Part 3:198:1919; A 1937, 491; 1947, 797; 1949, 639; 1951, 459;
1955, 391]
The Board may employ and fix the
compensation to be paid to attorneys, investigators and other
professional consultants and clerical personnel necessary to the
discharge of its duties and may reimburse such employees for actual
expenses they incur while acting on behalf of the Board.
(Added to NRS by 1963, 146; A 1989, 779)
The Board
may adopt all bylaws and regulations, including the adoption of a code of
conduct which is binding on any person licensed in accordance with the
provisions of this chapter, not inconsistent with the constitution and
laws of this state, which are necessary for the proper performance of the
duties of the Board, the regulation of the proceedings before it and the
maintenance of a high standard of integrity and dignity in the profession.
[Part 3:198:1919; A 1937, 491; 1947, 797; 1949, 639; 1951, 459;
1955, 391]—(NRS A 1965, 1324; 1991, 2239; 1997, 1041)
The Board shall operate on the basis of
a fiscal year commencing on July 1 and terminating on June 30.
(Added to NRS by 1963, 146)
1. The Board shall deposit in banks, credit unions and savings and
loan associations in the State of Nevada all money collected by it.
2. Except as otherwise provided in subsection 6, all money
collected by the Board must be used to meet the expenses of conducting
examinations, issuing licenses and conducting the office of the Board.
3. The expenses of the Board, including the per diem allowances
and travel expenses of the members and employees of the Board while
engaged in the business of the Board and the expenses of conducting
examinations, must be paid from the current receipts. No portion thereof
may be paid from the State Treasury.
4. Any balance remaining in excess of the expenses incurred may be
retained by the Board and used in defraying the future expenses thereof.
5. The Board may delegate to a hearing officer or panel its
authority to take any disciplinary action pursuant to this chapter,
impose and collect fines and penalties therefor and deposit the money
therefrom in banks, credit unions or savings and loan associations in
this State.
6. If a hearing officer or panel is not authorized to take
disciplinary action pursuant to subsection 5 and the Board deposits the
money collected from the imposition of fines with the State Treasurer for
credit to the State General Fund, it may present a claim to the State
Board of Examiners for recommendation to the Interim Finance Committee if
money is needed to pay attorney’s fees or the costs of an investigation,
or both.
7. The Board shall consider and take appropriate action concerning
a written notification received by the Board pursuant to NRS 278.587
or 338.176 .
[Part 3:198:1919; A 1937, 491; 1947, 797; 1949, 639; 1951, 459;
1955, 391]—(NRS A 1963, 147; 1965, 61; 1989, 1695; 1993, 884; 1997, 155,
1041; 1999, 1529 )
The Board shall:
1. Issue licenses to qualified and competent persons as
professional engineers and professional land surveyors and certify
qualified and competent persons as engineer interns and land surveyor
interns.
2. Carry out the provisions of this chapter.
3. Upon request, provide information concerning the regulation of
the practice of professional engineering and land surveying.
(Added to NRS by 1997, 1038)
1. The Board shall hold examinations of applicants for licenses at
least once each year in localities determined by the number of
applications received.
2. The examinations must be written and administered in English.
3. The Board shall not prohibit an applicant for a license from
taking a regularly scheduled examination for that license solely because
the Board failed to review the applicant’s application before the
examination. If the Board prohibits an applicant for a license from
taking the examination in violation of this subsection, the Board shall
hold or cause to be held an examination for the applicant within 30 days
after the violation occurs.
(Added to NRS by 1997, 1038; A 2003, 2110 )
[Effective through November 30, 2014.]
1. On or before February 1 of each year, the Board shall submit a
report to the Director of the Legislative Counsel Bureau for distribution
to each member of the Senate Standing Committee on Commerce and Labor and
the Assembly Standing Committee on Commerce and Labor.
2. Each report submitted pursuant to subsection 1 must include the
following information for the previous calendar year:
(a) The number of persons who relied upon the provisions of this
chapter relating to education to qualify for the issuance of a license,
the results of each examination taken by each of those persons and a
statement indicating whether the Board issued a license to each of those
persons;
(b) A description of the facts and circumstances under which the
Board exercised its discretion regarding whether to allow an applicant
for a license to take the examination for that license or to issue a
license to the applicant; and
(c) The number and types of complaints, if any, the Board received
regarding the procedure for applying for a license and the procedure for
issuance of a license.
(Added to NRS by 2003, 2109 )
1. The Executive Director of the Board shall, once each year or at
intervals established by the Board, prepare a roster that shows, for each:
(a) Professional engineer, his name, the city in which he lives,
his license number and the discipline of engineering in which he
specializes.
(b) Professional land surveyor, his name, the city in which he
lives and his license number.
(c) Engineer intern or land surveyor intern, his name and
certificate number.
2. The roster must be:
(a) Made available to each licensee in a manner prescribed by the
Board.
(b) Placed on file with the Secretary of State and county and city
clerks.
(c) Distributed or sold to the public.
[Part 3:198:1919; A 1937, 491; 1947, 797; 1949, 639; 1951, 459;
1955, 391]—(NRS A 1965, 1325; 1967, 951; 1975, 816; 1979, 1100; 1989,
779; 1991, 2240; 1995, 45; 1997, 1042; 1999, 2433 )
The Board may by regulation define the scope of each
discipline of professional engineering for which licensure is required
pursuant to this chapter.
(Added to NRS by 1975, 816; A 1991, 2240; 1997, 1042)
1. The Board may require a firm, partnership, corporation or any
other person who is not a natural person to register with the Board
before engaging in or offering to engage in the practice of professional
engineering in this state. The Board may charge a fee of not more than
$50 to register pursuant to this section.
2. The Board may adopt regulations to carry out the provisions of
this section.
(Added to NRS by 1997, 64; A 1997, 1071; 1999, 2433 )
1. The Board may require a firm, partnership, corporation or any
other person who is not a natural person to register with the Board
before engaging in or offering to engage in the practice of land
surveying in this state. The Board may charge a fee of not more than $50
to register pursuant to this section.
2. The Board may adopt regulations to carry out the provisions of
this section.
(Added to NRS by 1997, 64; A 1997, 1071; 1999, 2433 )
PROFESSIONAL ENGINEERING
[Effective through June 30, 2010.]
1. A person who:
(a) Is 21 years of age or older; and
(b) Is a citizen of the United States or is lawfully entitled to
remain and work in the United States,
Ê may apply to the Board, in accordance with the provisions of this
chapter and any regulations adopted by the Board, for licensure as a
professional engineer.
2. An applicant for licensure as a professional engineer must:
(a) Be of good character and reputation; and
(b) Pass the examination on the:
(1) Fundamentals of engineering or receive a waiver of that
requirement; and
(2) Principles and practices of engineering,
Ê pursuant to NRS 625.193 .
3. An applicant for licensure as a professional engineer is not
qualified for licensure unless the applicant meets the requirements of
one of the following paragraphs:
(a) The applicant must be a graduate of an engineering curriculum
of 4 years or more that is approved by the Board and must have a record
of 4 years or more of active experience in engineering which is
satisfactory to the Board and which indicates that the applicant is
competent to be placed in responsible charge of engineering work. An
applicant who seeks to qualify for licensure pursuant to this paragraph
and who is eligible to take the examination on the principles and
practices of engineering pursuant to subsection 2 of NRS 625.193 may take the examination on the principles and
practices of engineering before the applicant meets the active experience
requirements for licensure set forth in this paragraph.
(b) The applicant must have a record of 10 years or more of active
experience in engineering work which is satisfactory to the Board and
which indicates that the applicant is competent to be placed in
responsible charge of engineering work. An applicant who seeks to qualify
for licensure pursuant to this paragraph and who is eligible to take the
examination on the principles and practices of engineering pursuant to
subsection 2 of NRS 625.193 may take
the examination on the principles and practices of engineering only after
the applicant has a record of 6 years or more of active experience in
engineering work which is satisfactory to the Board.
4. To determine whether an applicant for licensure as a
professional engineer has an adequate record of active experience
pursuant to paragraph (a) of subsection 3:
(a) Graduation from a college or university:
(1) In a discipline of engineering with a master’s or
doctoral degree is equivalent to 2 years of active experience; and
(2) In a field other than engineering with an academic
degree is equivalent to 2 years of active experience,
Ê except that, in the aggregate, not more than 2 years of active
experience may be satisfied by graduation from a college or university
with such degrees, regardless of the number of degrees earned.
(b) Two of the 4 years of active experience must have been
completed by working under the direct supervision of a professional
engineer who is licensed in the discipline in which the applicant is
applying for licensure, unless that requirement is waived by the Board.
(c) The execution, as a contractor, of work designed by a
professional engineer, or the supervision of the construction of that
work as a foreman or superintendent, is not equivalent to active
experience in engineering.
5. To determine whether an applicant for licensure as a
professional engineer has an adequate record of active experience
pursuant to paragraph (b) of subsection 3:
(a) Satisfactory completion of 1 year of courses in engineering
that are approved by the Board, by a person who has not graduated from an
engineering curriculum, is equivalent to 1 year of active experience in
engineering.
(b) Graduation from a college or university in a field other than
engineering with an academic degree is equivalent to 2 years of active
experience.
(c) Two of the 10 years of active experience must have been
completed by working under the direct supervision of a professional
engineer who is licensed in the discipline in which the applicant is
applying for licensure, unless that requirement is waived by the Board.
(d) The execution, as a contractor, of work designed by a
professional engineer, or the supervision of the construction of that
work as a foreman or superintendent, is not equivalent to active
experience in engineering.
(e) In the aggregate, not more than 4 years of active experience
may be satisfied by the completion of educational course work or by
graduation from a college or university, regardless of the number of
courses completed or degrees earned.
6. A person who is not working in the field of engineering when he
applies for licensure is eligible for licensure as a professional
engineer if he complies with the requirements for licensure prescribed in
this chapter.
(Added to NRS by 1997, 1038; A 1999, 2434 ; 2005, 206 )
[Effective July 1, 2010.]
1. A person who:
(a) Is 21 years of age or older; and
(b) Is a citizen of the United States or is lawfully entitled to
remain and work in the United States,
Ê may apply to the Board, in accordance with the provisions of this
chapter and any regulations adopted by the Board, for licensure as a
professional engineer.
2. An applicant for licensure as a professional engineer must:
(a) Be of good character and reputation; and
(b) Pass the examination on the:
(1) Fundamentals of engineering or receive a waiver of that
requirement; and
(2) Principles and practices of engineering,
Ê pursuant to NRS 625.193 .
3. An applicant for licensure as a professional engineer is not
qualified for licensure unless the applicant is a graduate of an
engineering curriculum of 4 years or more that is approved by the Board
and has a record of 4 years or more of active experience in engineering
which is satisfactory to the Board and which indicates that the applicant
is competent to be placed in responsible charge of engineering work. An
applicant who is eligible to take the examination on the principles and
practices of engineering pursuant to subsection 2 of NRS 625.193 may take the examination on the principles and
practices of engineering before the applicant meets the active experience
requirements for licensure set forth in this subsection.
4. To determine whether an applicant for licensure as a
professional engineer has an adequate record of active experience
pursuant to subsection 3:
(a) Graduation from a college or university in a discipline of
engineering with a master’s or doctoral degree is equivalent to 2 years
of active experience, except that, in the aggregate, not more than 2
years of active experience may be satisfied by graduation from a college
or university with such degrees, regardless of the number of degrees
earned.
(b) Two of the 4 years of active experience must have been
completed by working under the direct supervision of a professional
engineer who is licensed in the discipline in which the applicant is
applying for licensure, unless that requirement is waived by the Board.
(c) The execution, as a contractor, of work designed by a
professional engineer, or the supervision of the construction of that
work as a foreman or superintendent, is not equivalent to active
experience in engineering.
5. A person who is not working in the field of engineering when he
applies for licensure is eligible for licensure as a professional
engineer if he complies with the requirements for licensure prescribed in
this chapter.
(Added to NRS by 1997, 1038; A 1999, 2434 , 2435 ; 2005, 206 , 208 , effective July 1, 2010)
1. The examination for licensure as a professional engineer must
consist of:
(a) An 8-hour examination on the fundamentals of engineering that
must cover the subject matter of a general education or training in
engineering. If the applicant for licensure as a professional engineer
has graduated from an engineering curriculum that is approved by the
Board and has 15 years or more of experience in engineering, the
examination on the fundamentals of engineering may be waived by the Board.
(b) An 8-hour examination on the principles and practices of
engineering that must cover the discipline of engineering in which the
applicant is applying for licensure.
2. An applicant for licensure as a professional engineer must pass
the examination on the fundamentals of engineering or receive a waiver of
that requirement before he may take the examination on the principles and
practices of engineering.
3. When determining the content of the examinations on the
fundamentals of engineering and the principles and practices of
engineering, the Board shall consider the recognized disciplines of
engineering and may conform the examination to the particular
qualifications of the applicant.
4. The Board may require additional examinations for licensure in
specialized areas of practice within one or more recognized disciplines
of engineering.
5. The Board may administer or authorize an accredited college or
university that offers a program in engineering approved by the Board to
administer the examination on the fundamentals of engineering to persons
who are not applicants for licensure as professional engineers in this
state.
6. The Board may prescribe or limit the use of notes, texts and
reference materials by applicants who are taking the examinations.
7. The Board may require the examinations or any portion of the
examinations set forth in this section to be completed:
(a) In writing, with a pen or pencil of a type that has been
approved by the Board;
(b) With a computer that has been provided or approved by the
Board; or
(c) Orally, in the manner prescribed by the Board.
(Added to NRS by 1997, 1039; A 1999, 2436 )
PROFESSIONAL LAND SURVEYING
The Board shall:
1. Administer the provisions and requirements of this chapter
concerning professional land surveyors.
2. Make and enforce such regulations as are necessary to carry out
those provisions.
[Part 12:198:1919; added 1947, 797; 1943 NCL § 2875.05b]—(NRS A
1989, 783; 1991, 2243)
[Effective through June 30, 2010, and after
that date, if, the Board of Regents of the University of Nevada fails to
publicly declare the establishment of a land-surveying curriculum on or
before July 1, 2006.]
1. A person who:
(a) Is 21 years of age or older; and
(b) Is a citizen of the United States or is lawfully entitled to
remain and work in the United States,
Ê may apply to the Board, in accordance with the provisions of this
chapter and any regulations adopted by the Board, for licensure as a
professional land surveyor.
2. An applicant for licensure as a professional land surveyor must:
(a) Be of good character and reputation; and
(b) Pass the examination on the:
(1) Fundamentals of land surveying or receive a waiver of
that requirement; and
(2) Principles and practices of land surveying,
Ê pursuant to NRS 625.280 .
3. An applicant for licensure as a professional land surveyor may
not take the examination on the principles and practices of land
surveying, unless he:
(a) Is a graduate of a land-surveying curriculum of 4 years or more
that is approved by the Board and has a record of 4 years or more of
active experience in land surveying that is satisfactory to the Board and
indicates that he is competent to be placed in responsible charge of
land-surveying work; or
(b) Has a record of 10 years or more of active experience in
land-surveying work that is satisfactory to the Board and indicates that
he is competent to be placed in responsible charge of land-surveying work.
4. For the purposes of determining whether an applicant for
licensure as a professional land surveyor has an adequate record of
active experience pursuant to paragraph (a) of subsection 3:
(a) Graduation from a college or university in a field other than
land surveying is equivalent to 2 years of active experience.
(b) Two of the 4 years of active experience must have been
completed by working under the direct supervision of a person who is a
professional land surveyor, unless that requirement is waived by the
Board.
(c) The execution, as a contractor, of work designed by a
professional land surveyor or the supervision of the construction of that
work, as a foreman or superintendent, is not equivalent to active
experience in land surveying.
5. For the purposes of determining whether an applicant for
licensure as a professional land surveyor has an adequate record of
active experience pursuant to paragraph (b) of subsection 3:
(a) Satisfactory completion of 1 year of courses in land surveying
that are approved by the Board, by a person who has not graduated from a
land-surveying curriculum, is equivalent to 1 year of active experience
in land surveying.
(b) Graduation from a college or university in a field other than
land surveying is equivalent to 2 years of active experience.
(c) Two of the 10 years of active experience must have been
completed by working under the direct supervision of a person who is a
professional land surveyor unless that requirement is waived by the Board.
(d) The execution, as a contractor, of work designed by a
professional land surveyor or the supervision of the construction of that
work, as a foreman or superintendent, is not equivalent to active
experience in land surveying.
(e) Not more than 4 years of active experience may be satisfied by
the completion of educational course work.
6. A person who is not working in the field of land surveying when
he applies for licensure is eligible for licensure as a professional land
surveyor if he complies with the requirements for licensure prescribed in
this chapter.
[Part 14:198:1919; added 1947, 797; A 1951, 459; 1955, 391]—(NRS A
1965, 1326; 1975, 1169; 1977, 743; 1989, 783; 1991, 2243; 1995, 49; 1997,
1043)
[Effective July 1, 2010, if, on or before
July 1, 2006, the Board of Regents of the University of Nevada publicly
declares the establishment of a land-surveying curriculum.]
1. A person who:
(a) Is 21 years of age or older; and
(b) Is a citizen of the United States or is lawfully entitled to
remain and work in the United States,
Ê may apply to the Board, in accordance with the provisions of this
chapter and any regulations adopted by the Board, for licensure as a
professional land surveyor.
2. An applicant for licensure as a professional land surveyor must:
(a) Be of good character and reputation; and
(b) Pass the examination on the:
(1) Fundamentals of land surveying or receive a waiver of
that requirement; and
(2) Principles and practices of land surveying,
Ê pursuant to NRS 625.280 .
3. An applicant for licensure as a professional land surveyor may
not take the examination on the principles and practices of land
surveying, unless he is a graduate of a land-surveying curriculum of 4
years or more that is approved by the Board and has a record of 4 years
or more of active experience in land surveying that is satisfactory to
the Board and indicates that he is competent to be placed in responsible
charge of land-surveying work.
4. To determine whether an applicant for licensure as a
professional land surveyor has an adequate record of active experience
pursuant to subsection 3:
(a) Two of the 4 years of active experience must have been
completed by working under the direct supervision of a professional land
surveyor, unless that requirement is waived by the Board.
(b) The execution, as a contractor, of work designed by a
professional land surveyor, or the supervision of the construction of
that work as a foreman or superintendent, is not equivalent to active
experience in land surveying.
5. A person who is not working in the field of land surveying when
he applies for licensure is eligible for licensure as a professional land
surveyor if he complies with the requirements for licensure prescribed in
this chapter.
[Part 14:198:1919; added 1947, 797; A 1951, 459; 1955, 391]—(NRS A
1965, 1326; 1975, 1169; 1977, 743; 1989, 783; 1991, 2243; 1995, 49; 1997,
1043; 1999, 2437 , effective July 1, 2010, if, on or before
July 1, 2006, Board of Regents of University of Nevada publicly declares
establishment of land-surveying curriculum)
1. The examination for licensure as a professional land surveyor
must consist of:
(a) An 8-hour examination on the fundamentals of land surveying
that must cover the subject matter of a general land-surveying education
or training. If the applicant for licensure as a professional land
surveyor has 15 years or more of experience in land surveying, the
examination on the fundamentals of land surveying may be waived. For the
purposes of determining the years of experience of an applicant for
licensure as a professional land surveyor pursuant to this paragraph, the
Board shall consider graduation from a land-surveying curriculum that is
approved by the Board to be equivalent to 4 years of experience.
(b) An 8-hour examination on the principles and practices of land
surveying.
2. An applicant for licensure as a professional land surveyor must
pass the examination on the fundamentals of land surveying or receive a
waiver of that requirement before he may take the examination on the
principles and practices of land surveying.
3. The Board may administer or authorize an accredited college or
university that offers a program in land surveying approved by the Board
to administer the examination on the fundamentals of land surveying to
persons who are not applicants for licensure as professional land
surveyors in this state.
4. The Board may prescribe or limit the use of notes, texts and
reference materials by applicants who are taking the examinations.
5. The Board may require the examinations or any portion of the
examinations set forth in this section to be completed:
(a) In writing, with a pen or pencil of a type that has been
approved by the Board;
(b) With a computer that has been provided or approved by the
Board; or
(c) Orally, in the manner prescribed by the Board.
[Part 14:198:1919; added 1947, 797; A 1951, 459; 1955, 391]—(NRS A
1965, 1326; 1967, 951; 1989, 784; 1997, 1045)
1. Every professional land surveyor may administer and certify
oaths when:
(a) It is necessary to take testimony for the identification or
establishment of old, lost or obliterated corners;
(b) A corner or monument is found in a perishable condition; or
(c) The importance of a survey makes it desirable to administer
oaths to his assistants for the faithful performance of their duty.
2. A record of oaths must be prepared as part of the field notes
of the survey, and a memorandum of them must be made on the record of
survey to be filed under this chapter.
[Part 15:198:1919; added 1947, 797; A 1949, 639; 1953, 196; 1955,
391]—(NRS A 1989, 785)
1. A surveyor may enter public or private land, a water course or
a body of water to:
(a) Investigate, recover, establish, reestablish, rehabilitate,
perpetuate or use evidence of a boundary location.
(b) Locate, relocate, use, install, perpetuate or replace a survey
monument.
(c) Perform land or control surveying.
2. Before entering private land pursuant to subsection 1, a
surveyor must provide written notice to the owner or occupant of the land
of the proposed date and approximate time of entry upon the land and a
statement of the purpose for entry upon the land. The notice must include
the name, number of the license and business affiliation of the surveyor.
The surveyor shall obtain the approval of the owner or occupant of the
land before entry. An owner shall not unreasonably withhold approval of
such entry on his land. The provisions of this subsection are not
applicable to an entry made pursuant to NRS 37.050 .
3. The provisions of this section do not relieve a surveyor from
any civil liability for any damage caused by his entry pursuant to
subsection 1.
4. As used in this section, “surveyor” includes:
(a) A professional land surveyor or his designee.
(b) A surveyor employed by the Federal Government or an agency of
the Federal Government, the State of Nevada, a political subdivision of
the State or an agency of the State.
(Added to NRS by 1991, 1889; A 1997, 1048; 1999, 963 )
After making a
survey in conformity with the practice of land surveying, a professional
land surveyor shall, within 90 days after the establishment of points or
lines, file with the county recorder in the county in which the survey
was made a record of survey relating to land boundaries and property
lines, which discloses:
1. The result of an adjustment of a boundary line that causes a
transfer of land between two abutting parcels but does not result in the
creation of any additional parcels.
2. The boundary limits and configuration of any new parcel created
in an industrial or commercial subdivision for which a final map has been
filed previously pursuant to the provisions of chapter 278 of NRS.
3. Material evidence which, in whole or in part, does not appear
on any map or record previously recorded or filed in the office of the
municipal engineer, county recorder, county clerk, county surveyor, or in
the Bureau of Land Management of the Department of the Interior.
4. A material discrepancy with a map or record described in
subsection 3.
5. Evidence that, by reasonable analysis, might result in
alternate positions of points or lines.
6. The establishment of one or more lines not shown on any map or
record described in subsection 3, the positions of which are not
ascertained from an inspection of the record or map without trigonometric
calculations.
[Part 15:198:1919; added 1947, 797; A 1949, 639; 1953, 196; 1955,
391]—(NRS A 1989, 785)
1. A record of survey must be a map legibly drawn in waterproof
ink on tracing cloth or produced by the use of other materials of a
permanent nature generally used for that purpose in the engineering
profession. The size of each sheet must be 24 by 32 inches. A marginal
line must be drawn completely around each sheet, leaving an entirely
blank margin of 1 inch at the top, bottom and right edges, and 2 inches
at the left edge along the 24-inch dimension.
2. A record of survey must show:
(a) All monuments found, set, reset or replaced, describing their
kind, size and location and giving other data relating thereto.
(b) Bearing or witness monuments, the basis of bearings, bearing
and length of lines and the scale of the map.
(c) The name and legal description of the tract in which the survey
is located and any ties to adjoining tracts.
(d) The tie to the control network maintained by the National
Geodetic Survey of the National Oceanic and Atmospheric Administration,
if points of the network are established in the area in which the survey
is made.
(e) A memorandum of oaths, if any.
(f) The signature and validated stamp of the surveyor who performed
the survey.
(g) A certificate prepared by the surveyor indicating:
(1) The person or entity for whom the survey was performed;
(2) The general vicinity of the property being surveyed;
(3) The date the survey was completed;
(4) Whether monuments were found or set and, if so, their
character and location as shown; and
(5) Any other pertinent information.
(h) Any other data necessary for the interpretation of the various
items and locations of the points, lines and areas shown.
3. If the land surveyed is described in terms of area, the record
of the survey must show the area of the land surveyed in the following
manner:
(a) In acres, calculated to the nearest one-hundredth of an acre,
if the area is 2 acres or more; or
(b) In square feet, if the area is less than 2 acres.
4. As used in this section, “control network” means a system of
coordinates that defines latitude, longitude, height, scale, gravity and
orientation throughout the United States.
[Part 15:198:1919; added 1947, 797; A 1949, 639; 1953, 196; 1955,
391]—(NRS A 1960, 138; 1985, 899, 1691; 1993, 1195; 1997, 1048)
A record of
survey is not required of any professional land surveyor when a final map
is recorded in compliance with the provisions of chapter 278 of NRS not later than 120 days after the
establishment of points or lines.
[Part 15:198:1919; added 1947, 797; A 1949, 639; 1953, 196; 1955,
391]—(NRS A 1977, 1527; 1989, 786)
1. The charge for filing and indexing any record of survey is $17
for the first page plus $10 for each additional page.
2. The record of survey must be suitably filed by the county
recorder, and he shall keep proper indexes of such survey records by name
of tract, subdivision or United States land subdivision.
3. A county recorder who records a record of survey pursuant to
this section shall, within 7 working days after he records the record of
survey, provide to the county assessor at no charge:
(a) A duplicate copy of the record of survey and supporting
documents; or
(b) Access to the digital record of survey and any digital
supporting documents. The record of survey and supporting documents must
be in a form that is acceptable to the county recorder and the county
assessor.
[Part 15:198:1919; added 1947, 797; A 1949, 639; 1953, 196; 1955,
391]—(NRS A 1977, 1527; 1981, 214; 1993, 1358; 2001, 1570 , 3221 ; 2003, 2792 )
1. Except as otherwise provided in subsection 3, monuments set
must be sufficient in number and durability and efficiently placed so as
not to be readily disturbed to ensure, together with monuments already
existing, the perpetuation of facile reestablishment of any point or line
of the survey.
2. Any monument set by a professional land surveyor to mark or
reference a point on a property or boundary line must be permanently and
visibly marked or tagged with the number of the license of the
professional land surveyor setting it, each number to be preceded by the
letters “P.L.S.”
3. Except as otherwise provided in subsection 4, if a monument
cannot be set or reset because of steep terrain, water, marsh or existing
structures, or if it would be obliterated as a result of construction or
maintenance of any highway under the jurisdiction of the Department of
Transportation, one or more reference monuments, as defined in NRS
329.120 , must be set. In addition to
the requirements for a monument set forth in subsections 1 and 2, the
letters “RM” must be stamped in the tablet, disc or cap of the reference
monument. One reference monument may be used if it is set on the actual
line or a prolongation thereof. In all other cases, at least two
reference monuments must be used. If the reference monuments do not
appear on a record of survey filed in accordance with the provisions of
NRS 625.340 to 625.380 , inclusive, a corner record must be filed
pursuant to chapter 329 of NRS.
4. The provisions of subsection 3 do not apply if federal law
prohibits the destruction or removal of a monument.
[Part 15:198:1919; added 1947, 797; A 1949, 639; 1953, 196; 1955,
391]—(NRS A 1989, 786; 1997, 1049; 1999, 963 )
MISCELLANEOUS PROVISIONS
1. The Board shall issue a license to practice professional
engineering or land surveying to any applicant who, in the opinion of the
Board, has complied with all the requirements of this chapter concerning
professional engineers or professional land surveyors, respectively.
2. A license to practice professional engineering or land
surveying must:
(a) Set forth the full name of the licensee.
(b) Include the number of the license.
(c) Be signed by the Chairman and Executive Director under the seal
of the Board.
(d) Authorize the practice of professional engineering in the
discipline for which the applicant has qualified or the practice of land
surveying, respectively.
3. The issuance of a license to practice professional engineering
or land surveying by the Board is evidence that the licensee is entitled
to all the rights and privileges of a professional engineer or
professional land surveyor, respectively, while the license remains on
active status.
(Added to NRS by 1967, 954; A 1983, 805; 1989, 784; 1997, 1046;
1999, 2438 )
1. The Board may issue a license to practice professional
engineering or land surveying to an applicant, upon presentation of
evidence that he is licensed to practice professional engineering or land
surveying, respectively, and in good standing in a state, territory,
possession of the United States or country that maintains standards of
engineering or land-surveying licensure, equivalent to those in this
state, if the applicant, in the judgment of the Board, has the necessary
qualifications pursuant to the provisions of this chapter.
2. The Board may require an applicant for licensure as a
professional engineer or professional land surveyor pursuant to
subsection 1 to pass a written or oral examination conducted by not less
than three professional engineers or professional land surveyors.
[Part 14:198:1919; added 1947, 797; A 1951, 459; 1955, 391]—(NRS A
1965, 1326; 1997, 1046; 1999, 2438 )
1. Each professional engineer and professional land surveyor shall
obtain a stamp of the design authorized by the Board, bearing his name
and the number of his license and the legend “Professional Engineer”
followed by the discipline for which he is qualified or the legend
“Professional Land Surveyor,” respectively.
2. To facilitate the obtaining of a stamp by a professional
engineer or professional land surveyor pursuant to subsection 1, the
Board shall, upon request, provide its authorized design to any retailer
or manufacturer of stamps. A professional engineer or professional land
surveyor may obtain his stamp from any retailer or manufacturer of stamps.
3. A professional land surveyor shall not use the legend
“Professional Engineer.”
(Added to NRS by 1961, 312; A 1965, 1327; 1989, 785; 1997, 1047;
2003, 2110 )
To qualify for licensure as a professional
engineer or professional land surveyor or for certification as an
engineer intern or land surveyor intern, an applicant must receive a
grade of not less than 70 on each examination required by the Board.
[Part 14:198:1919; added 1947, 797; A 1951, 459; 1955, 391]—(NRS A
1979, 1100; 1989, 784; 1995, 46; 1997, 1046)—(Substituted in revision for
NRS 625.290)
1. The Board shall certify as an engineer intern or land surveyor
intern any person qualified pursuant to the provisions of this chapter.
2. A person certified as an engineer intern or land surveyor
intern pursuant to subsection 1 may practice only engineering or land
surveying, respectively, as a subordinate. Any work performed by an
engineer intern or land surveyor intern may, if deemed of a satisfactory
nature by the Board, be applied toward the requirements for experience
set forth in NRS 625.183 and 625.270
for licensure as an engineer or land
surveyor, respectively.
(Added to NRS by 1989, 777; A 1995, 47; 1997, 1049; 1999, 2439
)
1. To be eligible for certification as a land surveyor intern, an
applicant must:
(a) Be a graduate of or in his final year of a land-surveying or
engineering curriculum of 4 years or more that has been approved by the
Board and have passed the examination on the fundamentals of land
surveying provided for in NRS 625.280 ;
or
(b) Have had 4 years or more of experience in land-surveying work
that is satisfactory to the Board and have passed the examination on the
fundamentals of land surveying provided for in NRS 625.280 .
2. To be eligible for certification as an engineer intern, an
applicant must:
(a) Be a graduate of or in his final year of an engineering
curriculum of 4 years or more that has been approved by the Board and
have passed the examination on the fundamentals of engineering provided
for in NRS 625.193 ; or
(b) Have had 4 years or more of experience in engineering work that
is satisfactory to the Board and have passed the examination on the
fundamentals of engineering provided for in NRS 625.193 .
(Added to NRS by 1979, 1099; A 1995, 46; 1997, 1045)—(Substituted
in revision for NRS 625.275)
[Effective until the date of the repeal of the federal law
requiring each state to establish procedures for withholding, suspending
and restricting the professional, occupational and recreational licenses
for child support arrearages and for noncompliance with certain processes
relating to paternity or child support proceedings.]
1. In addition to any other requirements set forth in this chapter:
(a) An applicant for the issuance of a license as a professional
engineer or professional land surveyor or a certificate as an engineer
intern or land surveyor intern shall include the social security number
of the applicant in the application submitted to the Board.
(b) An applicant for the issuance or renewal of a license as a
professional engineer or professional land surveyor or a certificate as
an engineer intern or land surveyor intern shall submit to the Board the
statement prescribed by the Division of Welfare and Supportive Services
of the Department of Health and Human Services pursuant to NRS 425.520
. The statement must be completed and
signed by the applicant.
2. The Board shall include the statement required pursuant to
subsection 1 in:
(a) The application or any other forms that must be submitted for
the issuance or renewal of the license or certificate; or
(b) A separate form prescribed by the Board.
3. A license as a professional engineer or a professional land
surveyor or a certificate as an engineer intern or land surveyor intern
may not be issued or renewed by the Board if the applicant:
(a) Fails to submit the statement required pursuant to subsection
1; or
(b) Indicates on the statement submitted pursuant to subsection 1
that he is subject to a court order for the support of a child and is not
in compliance with the order or a plan approved by the district attorney
or other public agency enforcing the order for the repayment of the
amount owed pursuant to the order.
4. If an applicant indicates on the statement submitted pursuant
to subsection 1 that he is subject to a court order for the support of a
child and is not in compliance with the order or a plan approved by the
district attorney or other public agency enforcing the order for the
repayment of the amount owed pursuant to the order, the Board shall
advise the applicant to contact the district attorney or other public
agency enforcing the order to determine the actions that the applicant
may take to satisfy the arrearage.
(Added to NRS by 1997, 2113; A 2005, 2707 , 2807 )
[Effective on the date of the repeal of the federal law
requiring each state to establish procedures for withholding, suspending
and restricting the professional, occupational and recreational licenses
for child support arrearages and for noncompliance with certain processes
relating to paternity or child support proceedings and expires by
limitation 2 years after that date.]
1. In addition to any other requirements set forth in this
chapter, an applicant for the issuance or renewal of a license as a
professional engineer or professional land surveyor or a certificate as
an engineer intern or land surveyor intern shall submit to the Board the
statement prescribed by the Division of Welfare and Supportive Services
of the Department of Health and Human Services pursuant to NRS 425.520
. The statement must be completed and
signed by the applicant.
2. The Board shall include the statement required pursuant to
subsection 1 in:
(a) The application or any other forms that must be submitted for
the issuance or renewal of the license or certificate; or
(b) A separate form prescribed by the Board.
3. A license as a professional engineer or a professional land
surveyor or a certificate as an engineer intern or land surveyor intern
may not be issued or renewed by the Board if the applicant:
(a) Fails to submit the statement required pursuant to subsection
1; or
(b) Indicates on the statement submitted pursuant to subsection 1
that he is subject to a court order for the support of a child and is not
in compliance with the order or a plan approved by the district attorney
or other public agency enforcing the order for the repayment of the
amount owed pursuant to the order.
4. If an applicant indicates on the statement submitted pursuant
to subsection 1 that he is subject to a court order for the support of a
child and is not in compliance with the order or a plan approved by the
district attorney or other public agency enforcing the order for the
repayment of the amount owed pursuant to the order, the Board shall
advise the applicant to contact the district attorney or other public
agency enforcing the order to determine the actions that the applicant
may take to satisfy the arrearage.
(Added to NRS by 1997, 2113; A 2005, 2707 , 2708 , 2807 , effective on the date of the repeal of
the federal law requiring each state to establish procedures for
withholding, suspending and restricting the professional, occupational
and recreational licenses for child support arrearages and for
noncompliance with certain processes relating to paternity or child
support proceedings)
1. An applicant for licensure as a professional engineer or
professional land surveyor or for certification as an engineer intern or
land surveyor intern must:
(a) Complete a form furnished and prescribed by the Board;
(b) Answer all questions on the form under oath;
(c) Provide a detailed summary of his technical training and
education;
(d) Pay the fee established by the Board; and
(e) Submit all information required to complete an application for
licensure or certification.
2. Unless the requirement is waived by the Board, an applicant for
licensure must provide the names of not less than four references who
have knowledge of the background, character and technical competence of
the applicant. None of the persons named as references may be members of
the Board. If the applicant is:
(a) Applying for licensure as a professional engineer, the persons
named as references must be professional engineers licensed in this State
or any other state, three of whom must be licensed in the same discipline
of engineering for which the applicant is applying for licensure.
(b) Applying for licensure as a professional land surveyor, the
persons named as references must be professional land surveyors licensed
in this State or any other state.
3. The Board shall, by regulation, establish the fee for licensure
as a professional engineer and professional land surveyor in an amount
not to exceed $200. The fee is nonrefundable and must accompany the
application.
4. The Board shall charge and collect from each applicant for
certification as an engineer intern or land surveyor intern a fee fixed
by the Board of not more than $100, which includes the cost of
examination and the issuance of a certificate.
5. A nonresident applying for licensure as a professional engineer
or professional land surveyor is subject to the same fees as a resident.
6. An applicant must furnish proof that he is a citizen of the
United States or that he is lawfully entitled to remain and work in the
United States.
7. The Board shall require the biennial renewal of each license of
a professional engineer or professional land surveyor and collect a fee
for renewal of not more than $100, prescribed by regulation of the Board,
except that the Board may prescribe shorter periods and prorated fees in
setting up a system of staggered renewals.
8. An applicant for the renewal of his license must submit with
his fee for renewal all information required to complete the renewal.
9. In addition to the fee for renewal, the Board shall require a
holder of an expired license to pay, as a condition of renewal, a penalty
in an amount established by regulation of the Board.
[Part 3:198:1919; A 1937, 491; 1947, 797; 1949, 639; 1951, 459;
1955, 391]—(NRS A 1961, 314; 1965, 1327; 1967, 952; 1975, 814, 975; 1977,
743; 1979, 344, 1100; 1983, 806; 1989, 786; 1991, 2244; 1993, 127; 1995,
47; 1997, 1050, 2114; 2005, 2709 , 2807 )
Each licensee must renew
his license and pay the fee for renewal. Any licensee who fails to renew
his license may do so within 6 months after the date of its expiration,
upon application to and with the approval of the Board, payment of all
required fees and penalties, and submission of all information required
to complete the renewal. The Board may extend the time for renewal of the
expired license.
(Added to NRS by 1977, 744; A 1979, 345; 1991, 2245; 1997, 1051,
2115; 2005, 2710 , 2807 )
The Board may require any person:
1. Whose license to practice professional engineering or land
surveying has expired; or
2. Who has been the subject of a disciplinary proceeding before
the Board,
Ê to pass a written or oral examination as a condition of reinstating or
renewing his license.
(Added to NRS by 1985, 1043; A 1989, 787; 1997, 1051)
The Board shall
adopt regulations concerning continuing education for professional
engineers and professional land surveyors. The regulations must include:
1. The number of hours of credit required annually;
2. The criteria used to accredit each course; and
3. The requirements for submission of proof of attendance at
courses.
(Added to NRS by 1995, 50)
A new license to replace any license revoked, lost, destroyed
or mutilated may be issued, subject to the regulations of the Board, and
a charge of not more than $40 may be made for its issuance.
[Part 12:198:1919; added 1937, 491; A 1955, 391]—(NRS A 1965, 1328;
1977, 744; 1983, 807; 1997, 1051)
The use of the word
“certify” or “certification” by a professional engineer or professional
land surveyor in the practice of professional engineering or land
surveying constitutes an expression of professional opinion regarding
those facts or findings which are the subject of the certification.
(Added to NRS by 1991, 367; A 1997, 1051)
1. Any person who furnishes information concerning a licensee, an
applicant for licensure, an intern or an applicant for certification as
an intern in good faith and without malicious intent is immune from any
civil action for furnishing that information.
2. The Board, any member, employee or committee of the Board,
counsel, investigator, expert, hearing officer, licensee, intern or other
person who assists the Board in the investigation or prosecution of an
alleged violation of a provision of this chapter, a proceeding concerning
licensure or reissuance of a license or a criminal prosecution is immune
from any civil liability for:
(a) Any decision or action taken in good faith and without
malicious intent in response to information acquired by the Board.
(b) Disseminating information concerning a licensee, an applicant
for licensure, an intern or an applicant for certification as an intern
to any other licensing board, national association of registered boards,
an agency of the Federal Government or of the State, the Attorney General
or any law enforcement agency.
(Added to NRS by 1991, 2237; A 1997, 1051)
1. Except as otherwise provided in this section:
(a) A firm, partnership, corporation or other person engaged in or
offering to engage in the practice of engineering or land surveying in
this state shall employ full time at least one professional engineer or
professional land surveyor, respectively, at each place of business where
the work is or will be performed; and
(b) All engineering or land-surveying work done at a place of
business must be performed under a professional engineer or professional
land surveyor, respectively, who has been placed in responsible charge of
the work and who is employed full time at that particular place of
business.
2. If the only professional engineer or professional land surveyor
employed full time at a place of business where engineering or
land-surveying work is performed ceases to be employed at that place of
business, during the 30 days next following his departure:
(a) The place of business is not required to employ full time a
professional engineer or professional land surveyor; and
(b) The professional engineer or professional land surveyor placed
in responsible charge of engineering or land-surveying work performed at
the place of business is not required to be employed full time at that
place of business.
3. Except as otherwise provided in subsection 5:
(a) A firm, partnership, corporation or other person who performs
or offers to perform engineering services in a certain discipline at a
particular place of business in this state shall employ full time at that
place of business a professional engineer licensed in that discipline.
(b) Each person who holds himself out as practicing a certain
discipline of engineering must be licensed in that discipline or employ
full time a professional engineer licensed in that discipline.
4. Professional engineers and professional land surveyors may join
or form a partnership, corporation, limited-liability company or other
business organization or association with registrants and licensees
outside of their field of practice, or with persons who are not
registered or licensed.
5. The provisions of this section do not apply to a firm,
partnership, corporation or other person who:
(a) Practices professional engineering for his benefit and does not
engage in the practice of professional engineering or offer professional
engineering services to other persons; or
(b) Is engaged in the practice of professional engineering or land
surveying in offices established for limited or temporary purposes,
including offices established for the convenience of field survey crews
or offices established for inspecting construction.
(Added to NRS by 1989, 777; A 1993, 126; 1997, 1042, 1408; 1999,
2439 ; 2001, 1791 )
DISCIPLINARY PROCEEDINGS
The Board may take
disciplinary action against a licensee, an applicant for licensure, an
intern or an applicant for certification as an intern for:
1. The practice of any fraud or deceit in obtaining or attempting
to obtain or renew a license or cheating on any examination required by
this chapter.
2. Any gross negligence, incompetency or misconduct in the
practice of professional engineering as a professional engineer or in the
practice of land surveying as a professional land surveyor.
3. Aiding or abetting any person in the violation of any provision
of this chapter or regulation adopted by the Board.
4. Conviction of or entry of a plea of nolo contendere to any
crime an essential element of which is dishonesty or which is directly
related to the practice of engineering or land surveying.
5. A violation of any provision of this chapter or regulation
adopted by the Board.
6. Discipline by another state or territory, the District of
Columbia, a foreign country, the Federal Government or any other
governmental agency, if at least one of the grounds for discipline is the
same or substantially equivalent to any ground contained in this chapter.
7. Practicing after the license of the professional engineer or
professional land surveyor has expired or has been suspended or revoked.
8. Failing to comply with an order issued by the Board.
9. Failing to provide requested information within 30 days after
receipt of a request by the Board or its investigators concerning a
complaint made to the Board.
[Part 12:198:1919; added 1937, 491; A 1955, 391]—(NRS A 1961, 314;
1965, 1328; 1975, 140; 1977, 744; 1985, 1046; 1989, 787; 1991, 2245;
1997, 1051; 2003, 2705 )
[Expires by limitation 2 years
after the date of the repeal of the federal law requiring each state to
establish procedures for withholding, suspending and restricting the
professional, occupational and recreational licenses for child support
arrearages and for noncompliance with certain processes relating to
paternity or child support proceedings.]
1. If the Board receives a copy of a court order issued pursuant
to NRS 425.540 that provides for the
suspension of all professional, occupational and recreational licenses,
certificates and permits issued to a person who is the holder of a
license as a professional engineer or professional land surveyor or a
certificate as an engineer intern or land surveyor intern, the Board
shall deem the license or certificate issued to that person to be
suspended at the end of the 30th day after the date on which the court
order was issued unless the Board receives a letter issued to the holder
of the license or certificate by the district attorney or other public
agency pursuant to NRS 425.550 stating
that the holder of the license or certificate has complied with the
subpoena or warrant or has satisfied the arrearage pursuant to NRS
425.560 .
2. The Board shall reinstate a license as a professional engineer
or professional land surveyor or a certificate as an engineer intern or
land surveyor intern that has been suspended by a district court pursuant
to NRS 425.540 if the Board receives a
letter issued by the district attorney or other public agency pursuant to
NRS 425.550 to the person whose license
or certificate was suspended stating that the person whose license or
certificate was suspended has complied with the subpoena or warrant or
has satisfied the arrearage pursuant to NRS 425.560 .
(Added to NRS by 1997, 2114; A 2005, 2807 )
1. Any person may file with the Board a charge concerning a
violation of any provision of this chapter or regulation adopted by the
Board against any person. The charges must be in writing and filed with
the Board.
2. All charges, unless dismissed by the Board as unfounded or
trivial, must be heard by the Board within a reasonable time. An action
against a person may not be commenced by the filing of a formal complaint
more than 1 year after the date on which the Board received the charges.
[Part 12:198:1919; added 1937, 491; A 1955, 391]—(NRS A 1975, 818;
1991, 2246; 1997, 1052)
1. Any information obtained during the course of an investigation
by the Board and any record of an investigation is confidential. If no
disciplinary action is taken against a licensee, an applicant for
licensure, an intern or an applicant for certification as an intern, or
no civil penalty is imposed pursuant to NRS 625.590 , the information in his investigative file
remains confidential.
2. The complaint or other document filed by the Board to initiate
disciplinary action and all documents and information considered by the
Board when determining whether to impose discipline are public records.
3. The provisions of this section do not prohibit the Board or its
employees from communicating and cooperating with another licensing board
or any other agency that is investigating a person.
(Added to NRS by 1991, 2237; A 1997, 1052; 2003, 3423 )
1. The time and place for the hearing must be fixed by the Board,
and notice of the time and place of hearing must be personally served on
the person against whom a complaint has been filed with the Board or
mailed to his last known address at least 30 days before the date fixed
for the hearing.
2. The Board may suspend the license of a licensee without a
hearing if the Board finds, based upon evidence in its possession, that
the public health, safety or welfare imperatively requires summary
suspension of the license and incorporates that finding in its order. If
the Board summarily suspends the license of a licensee, a hearing must be
held within 30 days after the suspension.
[Part 12:198:1919; added 1937, 491; A 1955, 391]—(NRS A 1977, 88;
1991, 2246; 1997, 1053)
The Chairman of the
Board or his designee may subpoena witnesses and compel their attendance,
and also may require the production of books, papers and documents
relating to any investigation or hearing conducted by the Board.
[Part 3:198:1919; A 1937, 491; 1947, 797; 1949, 639; 1951, 459;
1955, 391]—(NRS A 1981, 98; 1991, 2246)
1. If any person shall refuse to obey any subpoena issued by the
Board, or shall refuse to testify or produce any books, papers or
documents, the Board may present its petition to the district court of
the judicial district wherein such person resides, setting forth the
facts, and thereupon the district court, in a proper case, shall issue
its subpoena to such person requiring his attendance before the court,
and there to testify or to produce such books, papers or documents as may
be deemed necessary and pertinent by the Board.
2. Any person failing or refusing to obey the subpoena of the
district court may be proceeded against in the same manner as for refusal
to obey any other subpoena or order of the district court.
[Part 3:198:1919; A 1937, 491; 1947, 797; 1949, 639; 1951, 459;
1955, 391]
1. If, after a hearing, a majority of the members of the Board
present at the hearing vote in favor of finding the accused person
guilty, the Board may:
(a) Revoke the license of the professional engineer or professional
land surveyor or deny a license to the applicant;
(b) Suspend the license of the professional engineer or
professional land surveyor;
(c) Fine the licensee or applicant for licensure not more than
$15,000 for each violation of a provision of this chapter or any
regulation adopted by the Board;
(d) Place the licensee or applicant for licensure on probation for
such periods as it deems necessary and, if the Board deems appropriate,
require the licensee or applicant for licensure to pay restitution to
clients or other persons who have suffered economic losses as a result of
a violation of the provisions of this chapter or the regulations adopted
by the Board; or
(e) Take such other disciplinary action as the Board deems
appropriate.
2. The Board shall not issue a private reprimand.
3. An order that imposes discipline and the findings of fact and
conclusions of law supporting that order are public records.
[Part 12:198:1919; added 1937, 491; A 1955, 391]—(NRS A 1961, 314;
1975, 819; 1985, 1046; 1989, 788; 1991, 2247; 1993, 128; 1995, 48; 1997,
1053; 2003, 3424 )
The Board may reissue
a license to any person whose license has been revoked if a majority of
the members of the Board vote in favor of reissuance.
[Part 12:198:1919; added 1937, 491; A 1955, 391]—(NRS A 1975, 819;
1997, 1053)
APPLICABILITY OF CHAPTER
The following persons are exempt from the provisions of this
chapter which require licensure:
1. Any subordinate of a professional engineer of this State if he
acts as a subordinate.
2. Officers and employees of the United States Government who have
qualified pursuant to federal regulations and have been authorized to do
engineering for the Federal Government, but no such governmental officer
or employee may engage in the private practice of engineering in Nevada
unless he is licensed pursuant to the provisions of this chapter.
[10:198:1919; added 1937, 491; A 1955, 391]—(NRS A 1961, 314; 1965,
1328; 1975, 173, 815; 1985, 1046; 1997, 1053)
The following persons are exempt from the
provisions of this chapter concerning the practice of land surveying:
1. Any state, county, city or district employee directly
responsible to a professional land surveyor.
2. Any subordinate to a professional land surveyor of this State
if he acts as a subordinate.
3. Professional mining engineers engaged solely in surveys made
for mining and milling purposes or facilities pertaining thereto.
4. Officers and employees of the United States Government who have
qualified pursuant to federal regulations and have been authorized to
make surveys for the government, but such a governmental employee shall
not engage in private practice as a land surveyor in Nevada unless he is
licensed pursuant to the provisions of this chapter.
[Part 13:198:1919; added 1947, 797; A 1949, 639; 1955, 391]—(NRS A
1983, 807; 1989, 788; 1997, 1054)
1. The licensure requirements of this chapter do not apply to:
(a) The employees of interstate or intrastate public utility
companies while they are engaged in work for those companies;
(b) Any architect registered pursuant to the provisions of chapter
623 of NRS and who practices architecture as
permitted by chapter 623 of NRS; or
(c) A person, while he is using a scanner for the purpose of
construction management or monitoring, or both, if he is certified by the
International Conference of Building Officials or a successor
organization for the purposes for which he is using the scanner.
2. As used in this section, “scanner” means a device that uses
laser technology to capture the digital shape of physical objects through
laser triangulation.
[Part 2:198:1919; A 1937, 491; 1947, 797; 1949, 639; 1951,
459]—(NRS A 1965, 1329; 1975, 173; 1977, 320; 1997, 1054; 2003, 2110
)
PROHIBITIONS AND PENALTIES
It shall be mandatory upon the Board:
1. To investigate any complaints or reported violations of any of
the provisions of this chapter; and
2. To take the steps necessary to prosecute such violations if the
Board deems it necessary.
[18:198:1919; added 1955, 391]
1. Except as otherwise provided in subsection 4, it is unlawful
for:
(a) Any person not properly licensed or exempted in accordance with
the provisions of this chapter to:
(1) Practice, continue to practice, solicit to practice,
offer to practice or attempt to practice engineering or any discipline
thereof;
(2) Employ, use or cause to be used the term “licensed
engineer,” “professional engineer” or “registered engineer” or any
combination, variation or abbreviation thereof as a professional or
commercial identification, representation, claim, asset or means of
advantage or benefit;
(3) Employ, use or cause to be used the term “engineer,”
“engineering” or “engineered” or any combination, variation or
abbreviation thereof as a professional or commercial identification,
representation, claim, asset or means of advantage or benefit without
disclosing that he is not qualified, registered or licensed to practice
professional engineering in this state; or
(4) Directly or indirectly employ any means which in any
manner tends or is likely to mislead the public or any member thereof
that any person is qualified or authorized to practice engineering.
(b) Any professional engineer to practice or offer to practice a
discipline of professional engineering in which the Board has not
qualified him.
(c) Any person to present or attempt to use, as his own, the
license or stamp of another person.
(d) Any person to give any false or forged evidence of any kind to
the Board or any member thereof in obtaining a license.
(e) Any person to impersonate a licensee of a like or different
name.
(f) Any person to attempt to use an expired, suspended or revoked
license.
(g) Any person to violate any of the provisions of this chapter.
2. If any person is engaging or is about to engage in any act or
practice that constitutes a violation of this chapter, the district court
in any county which would have jurisdiction over the violation, may, upon
application of the Board, issue an injunction or restraining order
against the act or practice pursuant to Rule 65 of the Nevada Rules of
Civil Procedure.
3. This section does not prevent a contractor licensed in
accordance with the provisions of chapter 624
of NRS from using the term “engineer” or “engineering” if the term is
used by the State Contractors’ Board in describing a specific
classification.
4. The provisions of subparagraph (3) of paragraph (a) of
subsection 1 do not apply to any corporation using such a term in its
corporate name, if the corporation:
(a) Files its articles of incorporation with the Secretary of
State; and
(b) Files with the Board a written statement signed by a corporate
officer under penalty of perjury in which he states that the corporation:
(1) Is not practicing or offering to practice engineering in
this state; and
(2) Will not do so unless it is licensed or exempted in
accordance with the provisions of this chapter.
5. Any person who violates any of the provisions of subsection 1
is guilty of a gross misdemeanor.
[6:198:1919; A 1937, 491; 1947, 797; 1955, 391]—(NRS A 1961, 315;
1967, 639, 952; 1975, 817; 1977, 1057; 1981, 1344; 1985, 1047; 1991,
2247; 1997, 1054; 1999, 2440 )
Except as otherwise
provided in NRS 338.1711 to 338.1727
, inclusive, and 408.3875 to 408.3887 , inclusive:
1. The State of Nevada or any of its political subdivisions,
including a county, city or town, shall not engage in any public work
requiring the practice of professional engineering or land surveying,
unless the maps, plans, specifications, reports and estimates have been
prepared by, and the work executed under the supervision of, a
professional engineer, professional land surveyor or registered architect.
2. The provisions of this section do not:
(a) Apply to any public work wherein the expenditure for the
complete project of which the work is a part does not exceed $35,000.
(b) Include any maintenance work undertaken by the State of Nevada
or its political subdivisions.
(c) Authorize a professional engineer, registered architect or
professional land surveyor to practice in violation of any of the
provisions of chapter 623 of NRS or this
chapter.
(d) Require the services of an architect registered pursuant to the
provisions of chapter 623 of NRS for the
erection of buildings or structures manufactured in an industrial plant,
if those buildings or structures meet the requirements of local building
codes of the jurisdiction in which they are being erected.
3. The selection of a professional engineer, professional land
surveyor or registered architect to perform services pursuant to
subsection 1 must be made on the basis of the competence and
qualifications of the engineer, land surveyor or architect for the type
of services to be performed and not on the basis of competitive fees. If,
after selection of the engineer, land surveyor or architect, an agreement
upon a fair and reasonable fee cannot be reached with him, the public
agency may terminate negotiations and select another engineer, land
surveyor or architect.
[12a:198:1919; added 1947, 797; A 1949, 639; 1943 NCL §
2875.06a]—(NRS A 1967, 953; 1971, 774; 1973, 1700; 1975, 208; 1977, 320;
1983, 807; 1989, 788; 1997, 1055; 1999, 3489 ; 2001, 2022 ; 2003, 119 )
1. It is unlawful for a person who is:
(a) Not properly licensed or exempted in accordance with the
provisions of this chapter to:
(1) Practice, continue to practice, solicit to practice,
offer to practice or attempt to practice land surveying;
(2) Set, reset or replace any survey monument; or
(3) Directly or indirectly employ any means which in any
manner tends or is likely to create the impression on the public or any
member thereof that any person who is not licensed pursuant to this
chapter is qualified or authorized to practice land surveying.
(b) To present or attempt to use, as his own, the license or stamp
of another person.
(c) To give any false or forged evidence of any kind to the Board
or any member thereof in obtaining a license.
(d) To impersonate any other licensee of the same or a different
name.
(e) To attempt to use an expired, suspended or revoked license.
(f) To violate any of the provisions of this chapter.
2. A person who violates any of the provisions of subsection 1 is
guilty of a gross misdemeanor.
[Part 13:198;1919; added 1947, 797; A 1949, 639; 1955, 391]—(NRS A
1987, 972; 1991, 2248; 1997, 1056)
1. Except as otherwise provided in subsection 2, a person who
intentionally removes, changes or defaces any monument that has been
properly established and marked by a professional land surveyor as
required by this chapter, is guilty of a public offense, as prescribed in
NRS 193.155 , proportionate to the value
of the loss resulting therefrom, but in no event less than a misdemeanor.
2. This section does not apply to a professional land surveyor who
acts in accordance with NRS 625.380 .
3. As used in this section, the “value of the loss resulting
therefrom” means the cost of restoring or replacing the monuments which
have been removed, changed or defaced.
[Part 13:198:1919; added 1947, 797; A 1949, 639; 1955, 391]—(NRS A
1967, 639; 1989, 789; 1999, 964 )
It is unlawful for any person to sign or stamp any map,
plat, report, description or other document pertaining to the practice of
land surveying unless he holds an unsuspended and unrevoked license as a
professional land surveyor.
[Part 15:198:1919; added 1947, 797; A 1949, 639; 1953, 196; 1955,
391]—(NRS A 1961, 316; 1989, 789; 1991, 2248; 1997, 1056)
1. A professional land surveyor may practice land surveying and
prepare:
(a) Maps, plats, reports and descriptions; and
(b) Grading and drainage plans for residential subdivisions
containing four lots or less,
Ê or other documentary evidence in connection therewith.
2. It is unlawful for a professional land surveyor to sign or
stamp any map, plat, report, description, grading and drainage plan or
other document relating to land surveying which was not prepared by him
or for which he did not have responsible charge of the work.
3. It is unlawful for a professional engineer to sign or stamp any
plans, specifications or reports that were not prepared by him or for
which he did not have responsible charge of the work.
4. It is unlawful for any person to impress any documents with the
stamp of a professional engineer or professional land surveyor after the
license of the professional engineer or professional land surveyor named
on the stamp has expired or has been suspended or revoked, unless his
license has been renewed or reissued.
5. It is unlawful for any person to impress any documents with the
stamp of a professional engineer or professional land surveyor after the
professional engineer or professional land surveyor has retired from the
practice of professional engineering or land surveying.
6. The Board shall, by regulation, prescribe additional
requirements relating to the signing and stamping of documents produced
by a professional engineer or a professional land surveyor.
7. A person who violates any of the provisions of this section is
guilty of a gross misdemeanor.
[Part 15:198:1919; added 1947, 797; A 1949, 639; 1953, 196; 1955,
391]—(NRS A 1961, 314; 1965, 1327; 1975, 1165; 1989, 785; 1991, 2244,
2470; 1993, 627, 628; 1997, 1047)—(Substituted in revision for NRS
625.330)
Any employee or officer who is employed on a full-time
basis by the State, or a county, city or district thereof, who is paid a
monthly or annual salary for his employment and whose public duty
includes the practice of professional engineering or the practice of land
surveying as defined in this chapter shall not engage in the private
practice of professional engineering or the private practice of land
surveying during the hours when he is required to perform his duties for
the State, county, city or district.
[15:198:1919; added 1949, 639; 1943 NCL § 2875.05f]—(NRS A 1961,
316; 1975, 1164; 1997, 1056)
If
a public officer violates a provision of this chapter, the Board shall
impose a fine in an amount not to exceed $5,000 and may require the
public officer to forfeit his office.
[12b:198:1919; added 1949, 639; 1943 NCL § 2875.06b]—(NRS A 1967,
640; 1997, 1056)
1. In addition to any other penalty provided by law, a person who
violates any provision of this chapter or any regulation adopted by the
Board is subject to a civil penalty of not more than $15,000 for each
violation. Any such penalty must be imposed by the Board at a hearing for
which notice has been given pursuant to NRS 625.430 .
2. If a person does not pay a civil penalty imposed pursuant to
subsection 1 within 60 days after the order of the Board becomes final,
the order may be executed upon in the same manner as a judgment issued by
a court.
(Added to NRS by 1991, 2237; A 1997, 1057)
