This part shall be known and may be cited as the Professional Engineers' Registration Act.
(Sept. 19, 1950, 64 Stat. 854, ch. 953, § 1; Sept. 26, 2012, D.C. Law 19- 171, § 302(b), 59 DCR 6190.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 2-2301.
1973 Ed., § 2-1801.
Effect of Amendments
D.C. Law 19-171 enacted into law Part D of subchapter IV of Chapter 28 of Title 47.
Legislative History of Laws
Law 19-171, the "Technical Amendments Act of 2012", was introduced in Council and assigned Bill No. 19-397, which was referred to the Committee of the Whole. The Bill was adopted on first and second readings on March 20, 2012, and April 17, 2012, respectively. Signed by the Mayor on May 23, 2012, it was assigned Act No. 19-376 and transmitted to both Houses of Congress for its review. D.C. Law 19-171 became effective on September 26, 2012.
As used in this part:
(1) The term "practice of engineering" shall mean the performance of any professional service or creative work requiring engineering education, training, and experience, and the application of special knowledge of the mathematical, physical, and engineering sciences to such professional services or creative work as consultation, investigation, evaluation, planning, design, and supervision of construction for the purpose of assuring compliance with specifications and design, in connection with the utilization of the forces, energies, and materials of nature in the development, production, and functioning of engineering processes, apparatus, machines, equipment, facilities, structures, works, or utilities, or any combinations or aggregations thereof employed in or devoted to public or private enterprise or uses. The term "practice of engineering" comprehends the practice of those branches of engineering, the pursuit of any of which affects the safety of life, health or property, or the public welfare. Said practice includes the doing of such architectural work as is incidental to the practice of engineering.
(2) The term "professional engineer" shall mean a person who, by reason of his special knowledge of the mathematical and physical sciences and the principles and methods of engineering analysis and design, customarily acquired by a prolonged course of specialized intellectual instruction and study and practical experience, is qualified to engage in the practice of engineering as attested by his certificate of registration as a professional engineer.
(3) The term "engineer-in-training" shall mean a candidate for registration as a professional engineer who has been granted a certificate as an engineer-in-training after successfully passing the 1st stage of the prescribed examination in fundamental engineering subjects, and who, upon completion of the requisite years of training and experience in engineering under the supervision of a professional engineer or similarly qualified engineer and satisfactory to the Board, shall be eligible for the 2nd stage of the prescribed examination for registration as a professional engineer.
(4) The term "responsible charge" shall mean such degree of competence and accountability gained by education, training, and experience in engineering of a grade and character sufficient to qualify an individual to engage personally and independently in and be entrusted with the work involved in the practice of engineering.
(5) The term "institution" shall mean a school, college, university, department of a university, or other educational institution granting baccalaureate degrees in engineering, reputable, and in good standing in accordance with the rules prescribed by the Board.
(6) The term "Board" shall mean the District of Columbia Board of Registration for Professional Engineers.
(7) The term "Mayor" shall mean the Mayor of the District of Columbia.
(Sept. 19, 1950, 64 Stat. 854, ch. 953, § 2; Sept. 26, 2012, D.C. Law 19- 171, § 302(b), 59 DCR 6190.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 2-2302.
1973 Ed., § 2-1802.
Effect of Amendments
D.C. Law 19-171 enacted into law Part D of subchapter IV of Chapter 28 of Title 47.
Legislative History of Laws
For history of Law 19-171, see notes under § 47-2886.01.
Change in Government
This section originated at a time when local government powers were delegated to a Board of Commissioners of the District of Columbia (see Acts Relating to the Establishment of the District of Columbia and its Various Forms of Governmental Organization in Volume 1). Section 401 of Reorganization Plan No. 3 of 1967 (see Reorganization Plans in Volume 1) transferred all of the functions of the Board of Commissioners under this section to a single Commissioner. The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 818, § 711 (D.C. Code, § 1-207.11), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the Office of Mayor of the District of Columbia, respectively. Accordingly, and also pursuant to § 714(a) of such Act (D.C. Code, § 1-207.14(a)), appropriate changes in terminology were made in this section.
Miscellaneous Notes
Board of Registration for Professional Engineers abolished: See note to § 47- 2886.05.
In order to safeguard life, health, and property, and promote the public welfare, the practice of engineering in the District of Columbia is hereby declared to be subject to regulation in the public interest. It is further declared to be a matter of public interest and concern that the profession of engineering merit and receive the confidence of the public and that only qualified persons be permitted to engage in the practice of engineering. All provisions of this part relating to the practice of engineering shall be construed in accordance with this declaration of policy.
(Sept. 19, 1950, 64 Stat. 855, ch. 953, § 3; Sept. 26, 2012, D.C. Law 19- 171, § 302(b), 59 DCR 6190.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 2-2303.
1973 Ed., § 2-1803.
Effect of Amendments
D.C. Law 19-171 enacted into law Part D of subchapter IV of Chapter 28 of Title 47.
Legislative History of Laws
For history of Law 19-171, see notes under § 47-2886.01.
Any person engaged in or offering to engage in the practice of engineering in the District of Columbia shall submit evidence that he is qualified to practice and shall be registered as hereinafter provided; and it shall be unlawful for any person to engage or offer to engage in the practice of engineering in the District of Columbia, or by verbal claim, sign, advertisement, letterhead, card, or in any other way, represent himself to be a professional engineer, or through the use of the title including the word "engineer" or words of like import, or any other title, imply that he is a professional engineer, unless such person is registered under the provisions of this part.
(Sept. 19, 1950, 64 Stat. 855, ch. 953, § 4; Sept. 26, 2012, D.C. Law 19- 171, § 302(b), 59 DCR 6190.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 2-2304.
1973 Ed., § 2-1804.
Effect of Amendments
D.C. Law 19-171 enacted into law Part D of subchapter IV of Chapter 28 of Title 47.
Legislative History of Laws
For history of Law 19-171, see notes under § 47-2886.01.
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 2-2305.
Miscellaneous Notes
The provisions of former § 2-2305 [1981 Ed.] have been omitted as obsolete, the Board referred to herein having been abolished.
Board of Registration for Professional Engineers abolished. The District of Columbia Board of Registration for Professional Engineers was abolished and the functions thereof transferred to the Board of Commissioners of the District of Columbia by Reorganization Plan No. 5 of 1952. The functions were delegated to the Department of Occupations and Professions by Reorganization Order No. 59, dated June 30, 1953. The executive functions of the Board of Commissioners were transferred to the Commissioner of the District of Columbia by § 401 of Reorganization Plan No. 3 of 1967. Section 402 (64), (65), (66), (67) and (68) of the Plan transferred the regulatory and other functions of the Board of Commissioners, under § 47-2886.08, to the District of Columbia Council to the extent and in the particulars specified in that section, subject to the right of the Commissioner as provided by § 406 of the Plan. The functions delegated the Department of Occupations and Professions were subsequently transferred to the Director of the Department of Economic Development by Commissioner's Order No. 69-96, dated March 7, 1969. The Department of Economic Development was replaced by Mayor's Order 78-42, dated February 17, 1978, which Order established the Department of Licenses, Investigation and Inspection.
The functions of the Department of Licenses, Investigations and Inspections were transferred to the Director of the Department of Consumer and Regulatory Affairs by Reorganization Plan No. 1 of 1983, effective March 31, 1983.
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 2-2306.
Miscellaneous Notes
The provisions of former § 2-2306 [1981 Ed.] have been omitted as obsolete, the Board referred to herein having been abolished.
Board of Registration for Professional Engineers abolished. See Historical and Statutory Notes following § 47-2886.05.
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 2-2307.
Miscellaneous Notes
The provisions of former § 2-2307 [1981 Ed.] have been omitted as obsolete, the Board referred to herein having been abolished.
Board of Registration for Professional Engineers abolished. See Historical and Statutory Notes following § 47-2886.05.
The Board shall have power:
(1) To investigate and to approve those institutions that provide and maintain satisfactory standards for the education of students desiring to engage in the practice of engineering;
(2)(A) To register as a professional engineer any person of good character and repute who is a citizen of the United States, at least 18 years of age, and who speaks and writes the English language, if such person:
(i) Holds a license or certificate of registration to engage in the practice of engineering issued to him by proper authority of a state or territory of the United States in which the requirements and qualifications for obtaining such license or certificate of registration are reasonably equivalent in the opinion of the Board to the standards set forth in this part. A person may be registered under this sub-subparagraph without examination;
(ii) Holds a certificate of qualification issued by the National Bureau of Engineering Registration of the National Council of State Boards of Engineering Examiners; provided, however, that the requirements and qualifications of said body for obtaining such certificate are reasonably equivalent, in the opinion of the Board, to the standards set forth in this part. A person may be registered under the provisions of this sub-subparagraph without examination;
(iii) Has had 4 or more years experience in engineering work of a grade or character satisfactory to the Board, and indicating that he is qualified to assume responsible charge of the work involved in the practice of engineering and either holds a certificate as an engineer-in-training issued to him by the Board or by proper authority of a state or territory in which the requirements and qualifications of said bodies for obtaining such certificate are reasonably equivalent, in the opinion of the Board, to the standards set forth in this part, or is a graduate in engineering from an institution having a course in engineering of 4 or more years, and who, in either event, successfully passes a written, or written and oral, examination prescribed by the Board of engineering subjects. In the case of the examination of an engineer-in-training, his examination shall be directed and limited to those matters which will test the applicant's ability to apply the principles of engineering to the actual practice of engineering. In the case of an applicant who is not an engineer-in-training, the examination shall be for the purpose of testing the applicant's knowledge of fundamental engineering subjects, including mathematics and the physical sciences, and those matters which will test the applicant's ability to apply the principles of engineering to the actual practice of engineering;
(iv) Has completed an approved secondary-school course of study or equivalent and has had 12 or more years of combined education and experience in engineering of a grade and character satisfactory to the Board and indicating that he is qualified to assume responsible charge of the work involved in the practice of engineering, and who successfully passes a written, or written and oral, examination prescribed by the Board for the purpose of testing the applicant's knowledge of fundamental engineering subjects, including mathematics and the physical sciences, and those matters which will test the applicant's ability to apply the principles of engineering to the actual practice of engineering;
(v) Submits evidence that he is an engineer of established and recognized standing in the engineering profession and that he has been lawfully engaged in the practice of engineering for 12 or more years, of which at least 5 years shall have been in responsible charge of important engineering work of a grade and character satisfactory to the Board. A person may be registered under this sub-subparagraph without examination; or
(vi) Submits evidence that he was a resident of the District of Columbia, or that he was engaged in the practice of engineering in the District of Columbia, prior to September 19, 1950, and for 1 year immediately preceding the date of his application, and submits evidence of experience in engineering, of a grade and character satisfactory to the Board, indicating that he is qualified to assume responsible charge of the work involved in the practice of engineering. Registration shall not be granted under the provisions of this sub-subparagraph unless the application therefor is filed with the Board within 1 year after September 19, 1950. A person may be registered under this sub-subparagraph without examination.
(B) The requirement of this paragraph of residence or practice of engineering in the District of Columbia for 1 year immediately preceding the date of application shall not be applied to applicants who were on active duty in the armed forces of the United States during such year, and who entered on such duty after October 16, 1940, but any such applicant for license under this paragraph must have been a resident or engaged in the practice of engineering in the District of Columbia for at least 1 year prior to September 19, 1950;
(3) To provide for and to regulate the certification and to certify as an engincer-in-training any person of good character and repute who is a citizen of the United States, at least 18 years of age or has graduated from an institution, and who speaks and writes the English language, if such person:
(A) Is a graduate in engineering from an institution having a course in engineering of 4 or more years and who successfully passes a written, or written and oral, examination prescribed by the Board for the purpose of testing the applicant's knowledge of fundamental engineering subjects, including mathematics and the physical sciences. A person may be certified as an engineer-in-training under this subparagraph without a written, or written and oral, examination; provided, however, that the application therefor is filed with the Board within 1 year after September 19, 1950; or
(B) Has completed an approved secondary-school course of study or equivalent, and has had 8 or more years of combined education, training, and experience in engineering, of a grade and character satisfactory to the Board, and who successfully passes a written, or written and oral, examination prescribed by the Board for the purpose of testing the applicant's knowledge of fundamental engineering subjects, including mathematics and the physical sciences;
(4) To register as a professional engineer any person who is not a citizen of the United States, who is of good character and repute, at least 25 years of age; and speaks and writes the English language, if such person submits evidence, of a grade and character satisfactory to the Board, that he is an engineer of established and recognized standing in the profession of engineering in his own country, and who submits certification as to character and qualifications from at least 2 professional engineers of the District of Columbia. Such registration shall entitle the holder to engage in the practice of engineering only for the duration of and in connection with a specific project for which it was granted, and shall be subject to annual renewal and to suspension or revocation as registration granted as otherwise provided in this part. Engineers to whom such temporary registration has been granted shall be separately listed in the roster;
(5) To require all candidates for registration as professional engineers to file with the Secretary-Treasurer of the Board a written application on a prescribed form and accompanied by the required fee. Such application shall contain statements made under oath, showing the applicant's education, detailed summary of his experience in engineering work, and the general field or fields of engineering in which he has his principal activity, and shall contain not less than 5 references, of whom 3 or more shall be engineers having personal knowledge of his engineering training and experience;
(6) To investigate the allegations contained in any application for registration as a professional engineer in order to determine the truth of such allegations, and to determine the competency of any person applying for a registration to assume responsible charge of the work involved in the practice of engineering, such competency to be determined by the grade and character of the engineering work actually performed. Any person having the necessary qualifications prescribed in this part to entitle him to registration or certification shall be eligible therefor, although he may not be practicing his profession at the time of making his application. Evaluation of experience in engineering shall be based upon the applicant's knowledge of the fundamental engineering subjects, which shall be broad in scope and of a nature to develop and mature the applicant's engineering knowledge and judgment. In considering the qualifications of an applicant who has graduated in engineering from an approved institution, each year, but not exceeding 2 years, of successful postgraduate study in engineering, and each scholastic year, in excess of 4, of an approved 5- or 6-year engineering curriculum, and each year of teaching engineering subjects, in an approved institution, may be considered as equivalent to 1 year of experience in engineering. In considering the qualifications of an applicant who is an undergraduate in engineering, or who has graduated in a curriculum other than engineering, from an approved institution, each equivalent year of approved engineering education, as determined by evaluation by the Board of the educational records submitted, may be considered as equivalent to 2 years of combined education and experience in engineering. Experience in engineering gained under the supervision of a professional engineer or similarly qualified engineer, and experience in engineering gained subsequent to the attaining of an equivalent to the minimum requirements for certification as an engineer-in-training, of a grade and character satisfactory to the Board, shall be given full credit. In any case when the evidence presented in the application does not appear to the Board conclusive nor warranting the issuance of a certificate of registration or a certificate as engineer-in-training without examination, the applicant may be required to present further evidence for the consideration of the Board, and may also be required to pass an oral or written examination, or both, as the Board may determine. Whenever the Board determines otherwise than by examination that an applicant has not produced sufficient evidence to show that he is competent to assume responsible charge of the work involved in the practice of engineering, and shall refuse to examine or to register such applicant, it shall set forth in writing its findings and the reasons for its conclusions, and furnish a copy thereof to the applicant;
(7) To prescribe the scope, manner, time, and place for the examination of applicants for registration as professional engineers, to provide for the conduct of and to conduct such examinations, and to make written reports of such examinations. The prescribed examinations shall be written, or written and oral, and designed to permit an applicant for registration as a professional engineer to take the examination in 2 stages. The 1st stage of the examination shall be designed to test the applicant's knowledge of fundamental engineering subjects, including mathematics, physical and applied sciences, properties of materials, and the principles of engineering design. Satisfactory passing of this portion of the examination shall constitute a credit for the life of the applicant or until he is registered as a professional engineer. The 2nd stage of the examination shall be designed to test the applicant's ability to apply the principles of engineering to the actual practice of engineering in the field of engineering in which he has indicated his principal activity. An applicant failing to pass an examination may apply for reexamination at the expiration of 6 months and will be reexamined upon payment of the prescribed fee;
(8) To issue a certificate of registration and a pocket registration card to each professional engineer granted registration under the provisions of this part. The certificate of registration shall authorize the registrant to practice as a professional engineer, show the full name of the registrant, have a serial number, and be signed by the members of the Board under the seal of the Board. The pocket registration card issued with the certificate shall show the full name and registration number of the registrant, state that the person named therein has been granted registration to practice as a professional engineer for the period ending on the 31st day of October in the 2nd year of the then current biennial registration renewal period, and be signed by the Chairman and Secretary-Treasurer of the Board; to provide for and regulate the renewal of registration of professional engineers registered under this part. On or before the 1st day of August 1952, and biennially thereafter, the Secretary-Treasurer of the Board shall mail to every professional engineer registered under this part a blank application for biennial renewal of registration, addressing such application to the last-known post-office address. Upon receipt of such application blank, a registrant shall execute and return the application for his biennial registration renewal card to the Board together with the biennial registration renewal fee of $2. Upon receipt of such application and renewal fee the Board shall issue a pocket registration renewal card which shall show the full name and registration number of the registrant, be signed by the Chairman and Secretary-Treasurer of the Board, and state that the person named therein has been granted registration to practice as a professional engineer for the period beginning November 1st in the year of issue and expiring on the 31st day of October in the 2nd year following. Application shall be made biennially on or before the 1st day of November and if not so made an additional fee of $1 for each 30 days delay beyond the 1st day of November, and up to the 1st day of March following shall be added to the current biennial registration renewal fee to be paid upon renewal; to issue a duplicate certificate of registration to replace a certificate lost, destroyed, or mutilated, subject to the rules of the Board, and upon payment of the prescribed fee. The issuance of a certificate of registration by the Board shall be presumptive evidence in all courts and places that the person named therein is entitled to all the rights and privileges of a registered professional engineer while said certificate remains unsuspended, unrevoked, or unexpired;
(9) To issue a special certificate of registration and pocket registration card to every noncitizen professional engineer granted registration under the provisions of this part. The special certificate of registration shall authorize the registrant to practice as a professional engineer in connection with a specific project, show the full name of the registrant, have a registration number, and be signed by the members of the Board under the seal of the Board. The special pocket registration card issued with such certificate shall show the full name and registration number of the registrant, state that the person named therein has been granted temporary registration to practice as a professional engineer, state the specific project in connection with which the special registration is granted, the period for which it is granted, not to exceed 1 year from the date of issue, and be signed by the Chairman and Secretary-Treasurer of the Board. Temporary registration may be renewed at the discretion of the Board for periods not in excess of 1 year upon application therefor and payment of the annual renewal fee;
(10) To prescribe and to issue a certificate, attested by its seal and signed by the members of the Board, to any applicant who in the opinion of the Board has satisfactorily met all the requirements of this part for certification as an engineer-in-training;
(11) To keep a roster of all professional engineers registered under this part, showing the registrant's name, place of business or employment, registration number, and the general field or fields of engineering in which registrant qualified to practice, and a roster of engineers-in-training certified under this part. These rosters, together with other information deemed to be of interest to the engineering profession, shall be published in booklet form by the Board on the 1st day of March of each even year, beginning with 1952, or as soon thereafter as practicable. The Board shall also, upon the 1st day of March of each odd year, beginning with 1953, or as soon thereafter as practicable, publish a supplemental roster of all registered professional engineers and certified engineers-in-training. Such published rosters shall contain at the beginning thereof the words: "Each professional engineer receiving this roster is requested to report to the Board the names and addresses of any persons known to be engaged in the practice of engineering in the District of Columbia whose names do not appear in this roster. The names of persons giving such information shall not be divulged." Copies of these rosters shall be mailed or otherwise sent to each registered professional engineer and engineer-in-training and be furnished to other persons upon request;
(12) To adopt and have an official seal, and to keep minutes and records of all its transactions and proceedings, and a complete record of the credentials of each applicant and registrant. A transcript of an entry in such minutes and records, certified by the Secretary-Treasurer under the seal of the Board, shall be prima facie evidence of the original entry in such minutes and records;
(13) To become a member of the National Council of State Boards of Engineering Examiners and to pay such dues as said Council shall establish, and to send a delegate to the annual meeting of said Council and to defray his reasonable and necessary expenses;
(14) To adopt, amend, rescind, promulgate, and enforce such administrative rules and regulations not inconsistent with this part, as are deemed necessary and proper by the Board to carry into effect the powers conferred by this part. To employ such clerical or other assistants as are necessary for the proper performance of its duties. The regular annual employees of the Board shall, for the purpose of laws relating to compensation, classification, retirement, and leave, be employees of the District of Columbia;
(15) To enforce the provisions of this part, to investigate for unauthorized and unlawful practice, to employ such persons as it may deem necessary to assist in the investigations and prosecutions incident to enforcement, to require the attendance of witnesses and the production of books and papers, and to require such witnesses to testify as to any and all matters within its jurisdiction. The Chairman and Secretary-Treasurer of the Board shall have power to issue subpoenas, and each shall have authority to administer oaths. Upon the failure of any person to attend as a witness, when duly subpoenaed, or to produce documents when duly directed by said Board, the Board shall have power to refer the said matter to any justice of the Superior Court of the District of Columbia, who may order the attendance of such witness, or the production of such documents, or require the said witness to testify, as the case may be, and upon the failure of the witness to attend, to testify, or to produce such documents, as the case may be, such witness may be punished for contempt of court as for failure to obey a subpoena issued or to testify in a case pending before said Court. Witnesses who have been subpoenaed by the Board, and who testify if called upon, shall be paid the same fees that are paid witnesses in the Superior Court of the District of Columbia;
(16) To refuse to issue a certificate to any person, or to suspend or revoke the certificate of registration of any professional engineer or the certification of any engineer-in-training issued hereunder if such person:
(A) Has been convicted of a felony;
(B) Has been found guilty of deceit, misrepresentation, violation of contract, fraud, or gross incompetency, in his practice;
(C) Has been found guilty of fraud or deceit in obtaining his registration or certification;
(D) Has aided or abetted any person in the violation of any provision of this part;
(E) Has violated any provision of this part; or
(F) Has been declared insane by a court of competent jurisdiction and has not thereafter been lawfully declared sane; and
(17) To reconsider the application of any person whose application has been refused or to reissue a certificate of registration to any professional engineer or a certification to any engineer-in-training whose certificate has been revoked for reasons the Board deems sufficient, upon payment of the prescribed fee for such reissuance.
(Sept. 19, 1950, 64 Stat. 856, ch. 953, § 8; July 29, 1970, 84 Stat. 570, Pub. L. 91-358, title I, § 155(c)(9)(A); July 22, 1976, D.C. Law 1-75, § 3(i), 23 DCR 1178; Mar. 3, 1979, D.C. Law 2-139, § 3205(e), 25 DCR 5740; Sept. 26, 2012, D.C. Law 19-171, § 302(b), 59 DCR 6190.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 2-2308.
1973 Ed., § 2-1808.
Effect of Amendments
D.C. Law 19-171 enacted into law Part D of subchapter IV of Chapter 28 of Title 47.
Legislative History of Laws
Law 1-75, the "District of Columbia Age of Majority Act of 1976," was introduced in Council and assigned Bill No. 1-252, which was referred to the Committee on Public Services and Consumer Affairs. The Bill was adopted on first and second readings on April 6, 1976, and April 20, 1976, respectively. Signed by the Mayor on May 14, 1976, it was assigned Act No. 1-116 and transmitted to both Houses of Congress for its review.
Law 2-139, the "District of Columbia Government Comprehensive Merit Personnel Act of 1978," was introduced in Council and assigned Bill No. 2-10, which was referred to the Committee on Government Operations. The Bill was adopted on first and second readings on October 17, 1978 and October 31, 1978, respectively. Signed by the Mayor on November 22, 1978, it was assigned Act No. 2-300 and transmitted to both Houses of Congress for its review.
For history of Law 19-171, see notes under § 47-2886.01.
Miscellaneous Notes
Board of Registration for Professional Engineers abolished: See note to § 47- 2886.05.
(a) The Board may upon its own motion, and shall upon the sworn complaint in writing of any person setting forth charges which would constitute grounds for refusal, suspension, or revocation of a certificate, as set forth in § 47- 2886.08(16), investigate the acts of any person holding or claiming to hold a certificate. All charges, unless dismissed by the Board as unfounded or trivial, shall be heard by the Board within 3 months after the date on which they shall have been filed.
(b) The Board shall, at least 30 days prior to the date set for the hearing, notify the accused in writing of any charges made, and shall afford him an opportunity to be heard in person or by counsel in reference thereto. Such notice may be served by its delivery personally to the accused licensee by the United States Marshal in the manner prescribed for service of original process in the Superior Court of the District of Columbia, or by mailing it by registered mail or by certified mail with return receipt demanded, to the place of business last theretofore specified by the accused in his last notification to the Board. At the time and place fixed in the notice, the Board shall proceed to hearing of the charges and both the accused and the complainant shall be accorded ample opportunity to present, in person or by counsel, such testimony, evidence, and argument as may be pertinent to the charges or to any defense thereto. The Board may continue such hearing from time to time and shall give notice in writing to all parties in interest of the date and hour to which the hearing has been continued, and the place at which it is to be held.
(c) The Board shall preserve a complete record of all proceedings at the hearing of any case wherein a certificate is refused, revoked, or suspended. The notice of hearing, complaint, and all other documents in the nature of pleadings and written motions filed in the proceedings, the transcript of testimony, and the orders of the Board shall be the record of such proceedings. The Board shall furnish a transcript of such record at cost to any person interested in such hearing.
(d) If, after completion of the hearing, the Board shall be of the opinion that the accused is guilty of the charges, or any of them, the Board shall issue an order refusing, suspending, or revoking the certificate. Such order shall be served upon the accused person either personally or by mailing it by registered mail to the address specified by the accused person in his last notification to the Board.
(Sept. 19, 1950, 64 Stat. 862, ch. 953, § 9; June 11, 1960, 74 Stat. 202, Pub. L. 86-507, § 1(41); July 29, 1970, 84 Stat. 570, Pub. L. 91-358, title I, § 155(c)(9)(B), 164(n); Sept. 26, 2012, D.C. Law 19-171, § 302(b), 59 DCR 6190.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 2-2309.
1973 Ed., § 2-1809.
Effect of Amendments
D.C. Law 19-171 enacted into law Part D of subchapter IV of Chapter 28 of Title 47.
Legislative History of Laws
For history of Law 19-171, see notes under § 47-2886.01.
Miscellaneous Notes
Board of Registration for Professional Engineers abolished: See note to § 47- 2886.05.
Nothing in this part shall be construed to affect or prevent the following:
(1) The practice of engineering by any person who, within 1 year after September 19, 1950, has filed with the Board an application for registration under this part. This exemption shall continue only for such time as the Board may require for consideration of said application;
(2) The practice of engineering for not exceeding 30 days in the aggregate in 1 calendar year by a nonresident not having a place of business in the District of Columbia, if such person is licensed or registered to engage in the practice of engineering in a state or territory in which the requirements and qualifications for obtaining a license or registration are reasonably equivalent to those specified in this part;
(3) The practice of engineering for more than 30 days by a nonresident not having a place of business in the District of Columbia, or by a person who has recently become a resident of or has recently entered the practice of engineering in the District of Columbia, and who has filed with the Board an application for registration, if such person is registered or licensed to engage in the practice of engineering in a state or territory in which the requirements and qualifications for obtaining a license or registration are reasonably equivalent to those specified in this part. Such practice shall be permitted only for such time as the Board requires for the consideration of the application;
(4) The performance of engineering work by any person who acts under the supervision of a professional engineer, or by an employee of a person lawfully engaged in the practice of engineering, and who, in either event, does not assume responsible charge of design or supervision;
(5) The practice of engineering as a consultant, officer, or employee of the government of the United States or the government of the District of Columbia while engaged solely in such practice for said governments;
(6) The practice of any other legally recognized profession;
(7) The practice of engineering exclusively as an officer or employee of a public utility corporation by rendering to such corporation such service in connection with its facilities and property which are subject to supervision with respect to safety and security thereof by the Public Service Commission of the District of Columbia and so long as such person is thus actually and exclusively employed and no longer; provided, however, that each such public utility corporation shall employ at least 1 registered professional engineer who shall be in responsible charge of such engineering work;
(8) The practice of architecture by a person authorized to use the title of architect or registered architect under the provisions of Chapter 16 of Title 3, and his doing such engineering work as is incidental to his architectural work;
(9) The construction or alteration of a building that does not cover over 1,000 square feet of ground area and does not have a height of over 20 feet to the uppermost ceiling, or 2 habitable floors above a basement;
(10) The execution of construction work as a contractor, or the superintendence of such construction work as a foreman or superintendent, or the work performed as a salesman of engineering equipment or apparatus;
(11) The operation or maintenance of boilers, machinery, or equipment when the operators are duly licensed under the provisions of Chapter 27 of Title 3; or
(12) The usual supervision of construction or installation of equipment within a plant under his immediate supervision by a person ordinarily designated as supervising engineer or chief engineer of power.
(Sept. 19, 1950, 64 Stat. 863, ch. 953, § 10; Aug. 30, 1964, 78 Stat. 634, Pub. L. 88-503, § 21; Sept. 26, 2012, D.C. Law 19-171, § 302(b), 59 DCR 6190.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 2-2310.
1973 Ed., § 2-1810.
Effect of Amendments
D.C. Law 19-171 enacted into law Part D of subchapter IV of Chapter 28 of Title 47.
Legislative History of Laws
For history of Law 19-171, see notes under § 47-2886.01.
Miscellaneous Notes
Board of Registration for Professional Engineers abolished: See note to § 47- 2886.05.
(a) Each person registered under this part may obtain a seal of a design authorized by the Board which shall bear the registrant's name and registration number, the legend "Registered Professional Engineer," and such other words or figures as the Board may deem necessary. Such seal, or a facsimile imprint of same, shall be stamped on all plans, specifications, and reports by the registrant responsible for the accuracy and adequacy of such plans, specifications, and reports, when filed with public authorities.
(b) It shall be unlawful for a registered engineer to affix or permit his seal to be affixed to any plans, specifications, or drawings for which he does not assume full responsibility for the adequacy and accuracy thereof.
(c) It shall be unlawful for any person to use such seal during the period the registration of the holder thereof is expired, suspended, or revoked, or to use a seal of any design not approved by the Board.
(Sept. 19, 1950, 64 Stat. 864, ch. 953, § 11; Sept. 26, 2012, D.C. Law 19- 171, § 302(b), 59 DCR 6190.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 2-2311.
1973 Ed., § 2-1811.
Effect of Amendments
D.C. Law 19-171 enacted into law Part D of subchapter IV of Chapter 28 of Title 47.
Legislative History of Laws
For history of Law 19-171, see notes under § 47-2886.01.
Miscellaneous Notes
Board of Registration for Professional Engineers abolished: See note to § 47- 2886.05.
Whoever engages in the practice of engineering shall keep displayed in a conspicuous place in his established place of business the certificate of registration granted him under this part, and evidence of current renewal.
(Sept. 19, 1950, 64 Stat. 864, ch. 953, § 12; Sept. 26, 2012, D.C. Law 19- 171, § 302(b), 59 DCR 6190.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 2-2312.
1973 Ed., § 2-1812.
Effect of Amendments
D.C. Law 19-171 enacted into law Part D of subchapter IV of Chapter 28 of Title 47.
Legislative History of Laws
For history of Law 19-171, see notes under § 47-2886.01.
(a) Each application for registration as a professional engineer shall be accompanied by the appropriate prescribed application fee and the registration fee. A person desiring certification as an engineer-in-training shall pay the prescribed application fee for such certification with his application and shall pay the additional application fee and the registration fee upon filing his application for registration as a professional engineer.
(b) Should the Board deny the issuance of a certificate of registration to any applicant, the registration fee deposited with the application shall be refunded.
(c) The amount of the fees prescribed in this part is that fixed by the following schedule:
(1) The application fee for professional engineer with 1st and 2nd-stage examination is $20;
(2) The application fee for professional engineer without examination is $10;
(3) The application fee for engineer-in-training with examination is $7.50;
(4) The application fee for engineer-in-training without examination is $5;
(5) The application fee for professional engineer with 2nd-stage examination is $12.50;
(6) The fee for reexamination shall be determined by the Board not to exceed $10;
(7) The registration fee for professional engineer is $5;
(8) The biennial registration renewal fee for professional engineer is $6;
(9) The fee for reissuance of a revoked certificate of engineer-in-training is $7.50;
(10) The fee for reissuance of a revoked registration certificate is $20;
(11) The fee for issuance of a duplicate certificate of registration is $5; and
(12) The penalty for delinquency is $1 for each month after the date upon which the biennial renewal fee became due; provided, however, that the total shall not exceed $4.
(d) The Secretary-Treasurer of the Board shall receive and account for all money derived from the provisions of this part and shall keep such money in a separate fund to be known as "Professional Engineers' Fund," such Fund to be disbursed only by the Secretary-Treasurer upon itemized vouchers approved by the Chairman and attested by the Secretary-Treasurer of the Board. The Secretary-Treasurer shall furnish bond for the faithful discharge of his duties, in such form and amount as the Council of the District of Columbia shall require. The premium on such bond shall be regarded as a proper and necessary expense of the Board. The Secretary-Treasurer of the Board shall receive such salary as the Mayor shall determine, in addition to the compensation provided for in § 47-2886.06. The Board may make expenditures from this Fund for any purpose which, in the opinion of the Board, is reasonably necessary for the proper performance of its duties under this part; provided, however, that such expenditures shall in no event exceed the total of receipts. For the purpose of any contemplated investigation or audit by the Inspector General, the Office of the Inspector General shall have free access to the books of account, records, and papers of the Board.
(Sept. 19, 1950, 64 Stat. 864, ch. 953, § 13; Sept. 14, 2011, D.C. Law 19- 21, § 1063(a), 58 DCR 6226; Sept. 26, 2012, D.C. Law 19-171, § 302(b), 59 DCR 6190.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 2-2313.
1973 Ed., § 2-1813.
Effect of Amendments
D.C. Law 19-21, in subsec. (d), substituted "For the purpose of any contemplated investigation or audit by the Inspector General," for "It shall be the duty of the Office of the Inspector General of the District of Columbia to audit annually the accounts of the Board and make a report thereof to the Mayor. For the purpose of performance of such duty".
D.C. Law 19-171 enacted into law Part D of subchapter IV of Chapter 28 of Title 47.
Legislative History of Laws
For history of Law 19-21, see notes under § 47-305.02.
For history of Law 19-171, see notes under § 47-2886.01.
Change in Government
This section originated at a time when local government powers were delegated to a Board of Commissioners of the District of Columbia (see Acts Relating to the Establishment of the District of Columbia and its Various Forms of Governmental Organization in Volume 1). Section 402(69) of Reorganization Plan No. 3 of 1967 (see Reorganization Plans in Volume 1) transferred all of the functions of the Board of Commissioners under this section to the District of Columbia Council, subject to the right of the Commissioner as provided in § 406 of the Plan. The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 818, § 711 (D.C. Code, § 1-207.11), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the Office of Mayor of the District of Columbia, respectively. Accordingly, and also pursuant to § 714(a) of such Act (D.C. Code, § 1-207.14(a)), appropriate changes in terminology were made in this section.
Miscellaneous Notes
Board of Registration for Professional Engineers abolished: See note to § 47- 2886.05.
Whoever shall engage or offer to engage in the practice of engineering without being registered, or exempted, as provided in this part, or by verbal claim, sign, letterhead, card, or in any other way represent himself to be a professional engineer or through the use of any title including the word "engineer" or words of like import, or any other title, imply that he is a professional engineer without being registered as provided in this part, or shall present or attempt to use as his own the registration certificate of another, or shall give any false or forged evidence of any kind to the Board, or to any member thereof, in order to obtain registration as a professional engineer, or shall use any suspended or revoked registration, or shall otherwise violate the laws relating to the practice of engineering shall be guilty of a misdemeanor and shall be punishable by a fine of not more than $500 or imprisonment for not more than 1 year, or both. Civil fines, penalties, and fees may be imposed as alternative sanctions for any infraction of the provisions of this part, or any rules or regulations issued under the authority of this part, pursuant to Chapter 18 of Title 2. Adjudication of any infraction of this part shall be pursuant to Chapter 18 of Title 2.
(Sept. 19, 1950, 64 Stat. 865, ch. 953, § 14; Oct. 5, 1985, D.C. Law 6-42, § 442, 32 DCR 4450; Sept. 26, 2012, D.C. Law 19-171, § 302(b), 59 DCR 6190.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 2-2314.
1973 Ed., § 2-1814.
Effect of Amendments
D.C. Law 19-171 enacted into law Part D of subchapter IV of Chapter 28 of Title 47.
Legislative History of Laws
Law 6-42, the "Department of Consumer and Regulatory Affairs Civil Infractions Act of 1985," was introduced in Council and assigned Bill No. 6-187, which was referred to the Committee on Consumer and Regulatory Affairs. The Bill was adopted on first and second readings on June 25, 1985, and July 9, 1985, respectively. Signed by the Mayor on July 16, 1985, it was assigned Act No. 6- 60 and transmitted to both Houses of Congress for its review.
For history of Law 19-171, see notes under § 47-2886.01.
Miscellaneous Notes
Board of Registration for Professional Engineers abolished: See note to § 47- 2886.05.
(a) All violations of laws relating to the practice of engineering in the District of Columbia shall be prosecuted in the Superior Court of the District of Columbia by the Attorney General for the District of Columbia. The Attorney General for the District of Columbia shall render such other legal services as may from time to time be required by the Board.
(b) The Chief of Police of the Metropolitan Police Department shall detail such members of his force as may be necessary to assist the Board in the investigations and prosecutions incident to the enforcement of this part.
(c) The Attorney General for the District of Columbia is hereby authorized to apply for relief by injunction to restrain a person from the commission of any act which is prohibited by this part. In such proceedings it shall not be necessary for the Attorney General for the District of Columbia to allege or prove either that an adequate remedy at law does not exist, or that substantial and irreparable damage would result, from the continued violation thereof.
(Sept. 19, 1950, 64 Stat. 866, ch. 953, § 15; July 8, 1963, 77 Stat. 77, Pub. L. 88-60, § 1; July 29, 1970, 84 Stat. 570, Pub. L. 91-358, title I, § 155(a); Apr. 13, 2005, D.C. Law 15-354, § 76, 52 DCR 2638; Sept. 26, 2012, D.C. Law 19-171, § 302(b), 59 DCR 6190.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 2-2315.
1973 Ed., § 2-1815.
Effect of Amendments
D.C. Law 15-354 substituted "Attorney General for the District of Columbia" for "Corporation Counsel".
D.C. Law 19-171 enacted into law Part D of subchapter IV of Chapter 28 of Title 47.
Legislative History of Laws
For Law 15-354, see notes following § 47-340.03.
For history of Law 19-171, see notes under § 47-2886.01.
Miscellaneous Notes
Board of Registration for Professional Engineers abolished: See note to § 47- 2886.05.
The Board shall submit an annual report to the Mayor, the Inspector General, and the Office of the Secretary to the Council of the District of Columbia on the 1st Monday in August, containing a statement of moneys received and disbursed and a summary of its official acts during the next preceding fiscal year, and recommendations for such further legislation relating to the practice of engineering as may be necessary in the public interest.
(Sept. 19, 1950, 64 Stat. 866, ch. 953, § 16; Sept. 14, 2011, D.C. Law 19- 21, § 1063(b), 58 DCR 6226; Sept. 26, 2012, D.C. Law 19-171, §§ 123, 302(b), 59 DCR 6190.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 2-2316.
1973 Ed., § 2-1816.
Effect of Amendments
D.C. Law 19-21 substituted "the Mayor, the Inspector General, and the Office of the Secretary of the Council of the District of Columbia" for "the Mayor".
D.C. Law 19-171 enacted into law Part D of subchapter IV of Chapter 28 of Title 47 and validated a previously made technical correction.
Legislative History of Laws
For history of Law 19-21, see notes under § 47-305.02.
For history of Law 19-171, see notes under § 47-2886.01.
Change in Government
This section originated at a time when local government powers were delegated to a Board of Commissioners of the District of Columbia (see Acts Relating to the Establishment of the District of Columbia and its Various Forms of Governmental Organization in Volume 1). Section 401 of Reorganization Plan No. 3 of 1967 (see Reorganization Plans in Volume 1) transferred all of the functions of the Board of Commissioners under this section to a single Commissioner. The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 818, § 711 (D.C. Code, § 1-207.11), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the Office of Mayor of the District of Columbia, respectively. Accordingly, and also pursuant to § 714(a) of such Act (D.C. Code, § 1-207.14(a)), appropriate changes in terminology were made in this section.
Miscellaneous Notes
Board of Registration for Professional Engineers abolished: See note to § 47- 2886.05.
If any section or sections, clause or clauses, of this part, or any regulations promulgated thereunder, be declared unconstitutional or invalid, that shall not invalidate any other sections or clauses of this part, or any other regulations promulgated thereunder.
(Sept. 19, 1950, 64 Stat. 866, ch. 953, § 17; Sept. 26, 2012, D.C. Law 19- 171, § 302(b), 59 DCR 6190.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 2-2317.
1973 Ed., § 2-1817.
Effect of Amendments
D.C. Law 19-171 enacted into law Part D of subchapter IV of Chapter 28 of Title 47.
Legislative History of Laws
For history of Law 19-171, see notes under § 47-2886.01.
All laws or parts of laws and regulations promulgated thereunder in conflict with the provisions of this part shall be, and the same are hereby, repealed.
(Sept. 19, 1950, 64 Stat. 866, ch. 953, § 18; Sept. 26, 2012, D.C. Law 19- 171, § 302(b), 59 DCR 6190.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 2-2318.
1973 Ed., § 2-1818.
Effect of Amendments
D.C. Law 19-171 enacted into law Part D of subchapter IV of Chapter 28 of Title 47.
Legislative History of Laws
For history of Law 19-171, see notes under § 47-2886.01.
