CHAPTER Env-C 500
PREQUALIFICATION OF ENGINEERS FOR CERTAIN PROJECTS
Statutory
Authority: RSA 485-A:4, XIII; RSA
485-A:6, V
Revision Note:
Document
#10644, effective 7-22-14, readopted with amendments and renumbered former
Chapter Env-Wq 600, entitled “Selection of Consulting Engineering Firms”, as Chapter Env-C 500,
entitled “Prequalification of Engineers for Certain Projects”.
The former Chapter Env-Wq 600 had last
been filed under Document #8566, effective 2-9-06. The rules in former Chapter Env-Wq 600 did not
expire on 2-9-14 since they were extended pursuant to RSA 541-A:14-a until
replaced by the rules in Document #10644, effective 7-22-14.
Document #8566, effective 2-9-06,
had readopted with amendments and redesignated former Chapter Env-Ws 600 titled
“Selection of Consulting Engineering Firms” as Env-Wq 600 pursuant to a
rules reorganization plan for Department rules approved by the Director of the
Office of Legislative Services on 9-7-05.
Document #8566 had replaced all prior filings for the rules formerly in
Env-Ws 600.
The prior filings for former Env-Ws
600 included the following documents:
#220.5
filed 12-27-73, as in effect 8-31-73 under 1973, 507:4
#2238,
eff 12-31-82
#2406,
eff 6-28-83
#2851,
eff 9-21-84, EXPIRED 9-21-90
#5315,
eff 1-27-92, EXPIRED 1-27-98
#6696,
eff 2-25-98
Prior
to Document #10644, rules numbered as Parts Env-C 510 through 521 had been
readopted with amendments and redesignated by Document #8702, effective
8-24-06, as Chapter Env-Dw 1100, entitled “Drinking Water State Revolving Loan
Fund Program”, pursuant to the same rules reorganization plan noted above for
Department rules approved by the Director of the Office of Legislative Services
on 9-7-05. Rules in Parts Env-C 501
through 509 had then been readopted with amendments and redesignated pursuant
to the same plan by Document #8883, effective 5-8-07, as Chapter Env-Wq 500,
entitled “State Water Pollution Revolving Loan Fund.” See the revision notes for Chapter Env-Dw
1100 and Chapter Env-Wq 500 for prior filings affecting the former Parts Env-C
510 through 521 and Parts Env-C 501 through 509.
PART Env-C 501
PURPOSE AND APPLICABILITY
Env-C 501.01 Purpose. The purpose of the rules in this chapter is
to establish the procedures and criteria for consulting engineers to be listed
on the roster of prequalified engineers maintained by the department for
engineering services for water supply projects or water pollution control
projects, or both, that receive state or federal financial assistance.
Source. (See Revision
Note at chapter heading for Env-C 500) #10644, eff 7-22-14
Env-C 501.02 Applicability. The rules in this chapter shall apply to
individuals and consulting engineering firms that:
(a) Wish to become prequalified and listed on the
roster of prequalified consulting engineering firms as maintained by the
department; or
(b) Wish to renew a listing on the roster.
Source. (See Revision
Note at chapter heading for Env-C 500) #10644, eff 7-22-14
PART Env-C 502
DEFINITIONS
Env-C
502.01 “Applicant” means the individual
or business organization that is seeking to be listed on the roster or to have
an existing listing renewed.
Source. (See Revision
Note at chapter heading for Env-C 500) #10644, eff 7-22-14
Env-C
502.02 “Board” means the board of professional
engineers established by RSA 310-A:3.
Source. (See Revision
Note at chapter heading for Env-C 500) #10644, eff 7-22-14
Env-C
502.03 “Business organization” means a
general or limited partnership, corporation, limited liability corporation,
professional corporation, professional association, or other legal entity that
is authorized to do business in the State of
Source. (See Revision
Note at chapter heading for Env-C 500) #10644, eff 7-22-14
Env-C
502.04 “Consulting engineering firm”
means a
business organization that holds a certificate of authorization from the
board under RSA 310-A:20 and is registered with the New Hampshire secretary of
state to conduct an engineering services business in the state.
Source. (See Revision
Note at chapter heading for Env-C 500) #10644, eff 7-22-14
Env-C
502.05 “Debarment” means removal of a
listed engineer from the roster, including by refusing to renew a listing.
Source. (See Revision
Note at chapter heading for Env-C 500) #10644, eff 7-22-14
Env-C
502.06 “Department” means the department
of environmental services.
Source. (See Revision
Note at chapter heading for Env-C 500) #10644, eff 7-22-14
Env-C
502.07 “Engineering services” means the
report preparation, technical design, construction administration, and resident
engineering work that require the services of a licensed professional engineer.
Source. (See Revision
Note at chapter heading for Env-C 500) #10644, eff 7-22-14
Env-C
502.08 “Firm” means a consulting
engineering firm.
Source. (See Revision
Note at chapter heading for Env-C 500) #10644, eff 7-22-14
Env-C
502.09 “Licensed professional engineer”
means an individual who has been licensed by the board under RSA 310-A:18.
Source. (See Revision
Note at chapter heading for Env-C 500) #10644, eff 7-22-14
Env-C
502.10 “Listed engineer” means an
individual or firm that is on the roster.
Source. (See Revision
Note at chapter heading for Env-C 500) #10644, eff 7-22-14
Env-C
502.11 “New listing” means the inclusion
on the roster of an individual or firm that is not on the roster as of the date
of the application, regardless of whether the individual or firm has been on
any past roster.
Source. (See Revision
Note at chapter heading for Env-C 500) #10644, eff 7-22-14
Env-C 502.12
“Principal of the applicant” means:
(a) For a sole proprietorship, the individual
whose business it is;
(b) For a general or limited partnership, one of
the general partners;
(c) For a corporation, including limited
liability corporations and professional corporations, the president or a vice
president; and
(d) For any other business entity, the individual
who has controlling authority or is otherwise equivalent to the chief executive
officer.
Source. (See Revision
Note at chapter heading for Env-C 500) #10644, eff 7-22-14
Env-C
502.13 “Professional competence” means
that at least one principal of the applicant meets all of the following
criteria:
(a) Is a licensed professional engineer with a
civil or sanitary engineering designation;
(b) Has actively practiced engineering in each category
for which prequalification is sought for at least 5 of the 8 years immediately
prior to filing the application under this chapter;
(c) Has at least 5 years of relevant experience;
(d) In the last 5 years, has not been subject to disciplinary
action by
the board for conduct or activities arising from the applicant’s work on
projects in any category for which prequalification is sought;
(e) Has not provided any false, incomplete, or
misleading information as part of an application for an initial listing as
specified in Env-C 503.01 or a renewal listing as specified in Env-C 503.07(b);
(f) In the last 5 years, has not failed to
appoint a qualified project engineer for the management of a water supply
project or water pollution control project;
(g) In the last 5 years, has not failed to
fulfill the terms of an engineering services contract;
(h) In the last 5 years, has not engaged in
unethical conduct as defined by the rules of conduct of the board;
(i) Has submitted all required renewal fees and
updated engineer questionnaire forms;
(j) Is not the subject of a pending enforcement
action taken by the department or by the NH department of justice; and
(k) Has complied with all terms and conditions of
any orders, settlement agreements, consent decrees, or other similar documents
issued by the department or resulting from an action initiated by the
department or by the NH department of justice.
Source. (See Revision
Note at chapter heading for Env-C 500) #10644, eff 7-22-14
Env-C
502.14 “Qualified project engineer”
means a licensed professional engineer with a civil or sanitary engineering
designation who
holds a bachelor’s degree in engineering and has:
(a) At least 7 years of relevant experience;
(b) One year of graduate study in
engineering
and 6 years of relevant experience; or
(c) Two years of graduate study in engineering and 5 years of relevant
experience.
Source. (See Revision
Note at chapter heading for Env-C 500) #10644, eff 7-22-14
Env-C
502.15 “Qualifying project” means a
project on which the principal of the applicant worked that is represented by the
plans and specifications submitted with an application to demonstrate the
applicant’s capabilities to work in the category for which prequalification is
sought.
Source. (See Revision
Note at chapter heading for Env-C 500) #10644, eff 7-22-14
Env-C
502.16 “Relevant experience” means
experience in the design, construction, inspection, and oversight of water
supply projects or water pollution control projects, as applicable to the
category for which prequalification is sought.
Source. (See Revision
Note at chapter heading for Env-C 500) #10644, eff 7-22-14
Env-C
502.17 “Renewal” means the inclusion on
the roster of an individual or firm that is on the roster as of the date the
renewal application is submitted.
Source. (See Revision
Note at chapter heading for Env-C 500) #10644, eff 7-22-14
Env-C
502.18 “Roster” means the list maintained
by the department that identifies the individuals and firms who have been
prequalified pursuant to this chapter and the particular category for which the
individuals and firms are prequalified.
Source. (See Revision
Note at chapter heading for Env-C 500) #10644, eff 7-22-14
PART Env-C 503 ROSTER: INITIAL LISTING; RENEWAL; DEBARMENT
Env-C
503.01 Requirements for New
Listing. An applicant for a new listing shall submit the
following to the department:
(a) The original and
2 copies of a completed prequalification application as specified in
Env-C 503.02 that has been signed as specified in Env-C 503.03;
(b) A set of plans, specifications, and
reports related to a successfully-completed project in each category for
which the applicant is applying;
(c) The application fee required by RSA 485-A:4, XIII, which if paid
by check or money order shall be payable to “Treasurer, State of
(d) For an applicant that is a business
organization, a copy of:
(1) The firm’s certificate of good standing from
the
(2) The certificate of registration issued by the
board pursuant to RSA 310-A:20 which authorizes the firm as an engineering
services business in
Source. (See Revision
Note at chapter heading for Env-C 500) #10644, eff 7-22-14
Env-C 503.02 Application for New Listing.
(a) The applicant for a new listing shall provide
the following information on a form obtained from the department:
(1) The full legal name of the
applicant;
(2) Whether the applicant
is an individual or business organization and, if a business organization, the
type of business organization;
(3) The category, as listed in Env-C
503.06(b), for which the applicant is seeking to be prequalified;
(4) The following contact information:
a. The
location of the applicant’s office, by number, street, suite number, city, and
state;
b. The
applicant’s mailing address, including zip code;
c. The
applicant’s daytime telephone number, including area code;
d. The applicant’s
fax number, including area code, if any;
e. The
applicant’s email address, if any;
f. If the
applicant is not an individual, the name and information specified in b.
through e., above, for a principal of the applicant;
(5) The following information about the
applicant’s business:
a. Whether
the applicant has a web site and, if so, the URL of the web site;
b. The name
and title of each principal of the applicant; and
c. The name,
title, N.H. professional engineer registration number, and number of years of
relevant experience of each principal or employee of the applicant who is
qualified to be a qualified project engineer; and
(6) Subject to (b), below, for the project
represented
by the plans, specifications, and reports submitted pursuant to Env-C
503.01(b), the:
a.
Location of the project;
b.
Type of project;
c.
Year completed; and
d.
Construction cost of the project.
(b) The department shall accept the information
specified in (a)(6), above, for one or more projects not related to the project represented by the
plans, specifications, and reports submitted pursuant to Env-C 503.01(b)
if the applicant demonstrates that the information on the project submitted is
not available due to the work having been done by a firm with which the
applicant is no longer associated.
Source. (See Revision
Note at chapter heading for Env-C 500) #10644, eff 7-22-14
Env-C 503.03 Signature Required.
(a) A principal of the applicant shall print his
or her name on, sign, and date the prequalification application or renewal
application, as applicable.
(b) The signature shall constitute certification
that:
(1) The
information provided on or with
the application form is true, complete, and not misleading to the knowledge
and belief of the signer;
(2) The signer
understands that:
a.
The
submission of false, incomplete, or misleading information is grounds for
denying the application or revoking any roster listing that is made
based on such information; and
b. The applicant is
subject to the penalties for making unsworn false statements specified in RSA
641:3 or any successor New Hampshire statute; and
(3) If the
applicant is added to or continued on the roster, the applicant will comply
with Env-C 500 and all other applicable requirements relative to submittal of
plans to the department for approval.
Source. (See Revision
Note at chapter heading for Env-C 500) #10644, eff 7-22-14
Env-C 503.04 Review of Applications for New Listing;
Decisions.
(a) Upon receiving
an application for a new listing, the department shall review it to determine whether
it contains everything required by Env-C 503.01.
(b) If the
submission does not contain everything required by Env-C 503.01, the department
shall notify the applicant in writing within 10 working days of what is
missing.
(c) The department shall:
(1) Review each
application for a new listing within 10 working days of receipt of a complete
application; and
(2) Meet with the
principal of the applicant who signed the application to review the application
and the information provided.
(d) The department shall notify the
applicant for a new listing in writing of its decision on the application within
20 days of the meeting held pursuant to (c)(2), above.
(e) The department shall approve the application
for a new listing if, based on the information provided by the applicant or
otherwise available to the department:
(1) The applicant demonstrates professional competence
in each category for which prequalification is sought; and
(2) The department
is not aware of any basis for debarment as specified in Env-C 503.10.
(f) If the department denies the application, the
written notice shall specify the reason(s) for the denial.
Source. (See Revision
Note at chapter heading for Env-C 500) #10644, eff 7-22-14
Env-C
503.05 Roster.
(a) The department shall:
(1) Maintain a
current roster; and
(2) Publish the
roster on its website at least twice each year.
(b) The roster shall list the consulting
engineering firms as being prequalified for one of the following 4 categories:
(1) Category 1,
water supply engineering, including water treatment;
(2) Category 2, water
pollution control engineering, including wastewater treatment;
(3) Category 3,
water or wastewater piping systems, including pumping; and
(4) Category 4,
all of the foregoing 3 categories.
Source. (See Revision
Note at chapter heading for Env-C 500) #10644, eff 7-22-14
Env-C
503.06 Duration of Listing; Renewal
Application.
(a) An individual or firm whose application for a
new listing is approved shall be listed on the roster for the time period
specified in table 603-1, below:
Table 603-1: Duration of New
Listing
|
Application Approved: |
Listing Valid For: |
|
January 1 through June 30 |
Remainder of calendar year in
which approved |
|
July 1 through December 31 |
Through December 31 of calendar
year following year of approval |
(b) To remain on the roster, a listed engineer
shall submit
to the department, by October 31 of the year in which the listing will expire:
(1) The original and 2 copies of a completed application
for renewal of listing as specified in Env-C 503.08 that has been signed as
specified in Env-C 503.03;
(2) If the listed engineer is seeking to be
pre-qualified in an additional category, a set of plans, specifications, and reports
related to a successfully-completed project in the new category;
(3) The fee required by RSA 485-A:4, XIII, which if paid
by check or money order shall be payable to “Treasurer – State of
(4) For an applicant that is a business
organization, a copy of:
a. The
firm’s certificate of good standing from the
b. The
certificate of registration issued by the board pursuant to RSA 310-A:20 which
authorizes the firm as an engineering services business in
Source. (See Revision
Note at chapter heading for Env-C 500) #10644, eff 7-22-14
Env-C
503.07 Application for Renewal of Listing.
(a)
The applicant for a renewal of an existing listing shall provide the
following information on a form obtained from the department:
(1) The full legal name of the
applicant;
(2) Whether the
applicant is an individual or business organization and, if a business
organization, the type of business organization;
(3) The category(ies) for which the
applicant currently is listed and any changes the applicant wishes to make to
those categories;
(4) The following contact information:
a. The
location of the applicant’s office, by number, street, suite number, city, and
state;
b. The
applicant’s mailing address, including zip code;
c. The
applicant’s daytime telephone number, including area code;
d. The applicant’s
fax number, including area code, if any;
e. The
applicant’s email address, if any;
f. If the
applicant is not an individual, the name and information specified in b.
through d., above, for a principal of the applicant;
(5) The following information about the
applicant’s business:
a. Whether
the applicant has a web site and, if so, the URL of the web site;
b. Any
changes in the name(s) and title(s) of the principal(s) of the applicant; and
c. Any
changes in the name, title, N.H. professional engineer registration number, and
number of years of relevant experience of each principal or employee of the
applicant who is qualified to be a qualified project engineer; and
(6) Subject to (b), below, if the applicant is
seeking to be prequalified in an additional category, the following information
for
the project
represented
by the plans, specifications, and reports submitted pursuant to Env-C
503.07(b)(2):
a.
Location of the project;
b.
Type of project;
c.
Year completed; and
d.
Construction cost of the project.
(b) The department shall accept the information
specified in (a)(6), above, for one or more projects not related to the project
represented
by the plans, specifications, and reports submitted pursuant to Env-C
503.07(b)(2) if the applicant demonstrates that the information on the project
submitted is not available due to the work having been done by a firm with
which the applicant is no longer associated.
Source. (See Revision
Note at chapter heading for Env-C 500) #10644, eff 7-22-14
Env-C 503.08 Review of Applications for Renewal
Listing; Decisions.
(a) Upon receiving
an application to renew a listing, the department shall review it to determine whether
it contains everything required by Env-C 503.07(b).
(b) If the
submission does not contain everything required by Env-C 503.07(b), the
department shall notify the applicant in writing within 10 working days of what
is missing.
(c) The department shall review each application
to renew a listing within 10 working days of receipt of a complete application
to renew a listing.
(d) The department shall renew the applicant’s
listing if:
(1) The
information submitted by the applicant demonstrates that the applicant
continues to be qualified to be listed on the roster; and
(2) The
department is not aware of any basis for debarment as specified in Env-C
503.10.
(e) If the department becomes aware of any basis
for debarment as specified in Env-C 503.10 after receiving a renewal
application but prior to making a decision on the application, the department
shall notify the applicant by commencing a proceeding in accordance with Env-C
503.10.
Source. (See Revision
Note at chapter heading for Env-C 500) #10644, eff 7-22-14
Env-C
503.09 Debarment.
(a)
Any listing on the roster shall be based on the presumptions that:
(1) The information submitted to obtain the listing
is true, complete, and not misleading; and
(2) The applicant meets the criteria for
professional competence as specified in Env-C 502.13.
(b)
After listing an individual or firm on the roster or while an
application to renew a listing is pending, if the department receives
information indicating that the information upon which the listing was based
was false, incomplete, or misleading or that the individual or firm no longer
meets the criteria of Env-C 502.13, the
department shall initiate an adjudicative proceeding pursuant to the applicable
provisions of RSA 541-A and Env-C 200 to determine whether the individual or
firm should be debarred or suspended from being listed.
(c)
The department shall debar the individual or firm if, as a result of the
adjudicative proceeding, the department determines that:
(1) The individual or firm would not have been
listed on the roster if the information submitted had been true, complete, and
not misleading because information that was true, complete, and not misleading
would not have supported a finding that the applicant met the criteria for
professional competence; and
(2) The individual or firm cannot cure the
deficiencies so as to demonstrate professional competence.
(d)
The department shall remove the individual or firm from the roster
subject to reinstatement as specified in (f), below, if the department
determines that:
(1) The individual or firm would have been listed
on the roster if the information submitted had been true, complete, and not
misleading because information that was true, complete, and not misleading
would have supported a finding that the applicant met the criteria for
professional competence; and
(2) The individual or firm can cure the
deficiencies so as to demonstrate professional competence.
(e)
The department shall notify the individual or firm in writing of its
decision. If the decision is to suspend,
revoke, or refuse to renew the listing, the department shall specify the
reason(s) for the decision.
(f)
If a listing is suspended pursuant to (d), above, the department shall
reinstate the individual or firm on the roster upon receiving proof from the
individual or firm that the deficiencies have been cured.
(g)
Any individual or firm debarred pursuant to this section may apply to be
listed on the roster no sooner than 3 years from the date of debarment.
Source. (See Revision
Note at chapter heading for Env-C 500) #10644, eff 7-22-14
Env-C
503.10 Appeal.
(a) Any individual or firm whose application for
a new listing is denied may appeal the decision as a permitting decision under
RSA 21-O:14.
(b) Any listed engineer who is debarred pursuant to Env-C 503.10
may appeal the decision as an enforcement decision under RSA 21-O:14.
Source. (See Revision
Note at chapter heading for Env-C 500) #10644, eff 7-22-14
PART Env-C 504 PROCUREMENT OF ENGINEERING SERVICES FOR
CERTAIN PROJECTS
Env-C
504.01 Procedures. The procedures for procuring engineering
services for projects that obtain state or federal funding for a water supply
project or a water pollution control project shall be as specified in:
(a) Env-Dw 1100 for water supply projects; and
(b) Env-Wq 500 for water pollution control
projects.
Source. (See Revision
Note at chapter heading for Env-C 500) #10644, eff 7-22-14
Appendix
A: Statutes Implemented
|
Rule
Section(s) |
State
Statute(s) Implemented |
|
Env-C 500 |
RSA 485-A:4, XIII |
Appendix
B: Relevant Statutes
485-A:4 Duties of Department. – It shall be the duty of the
department and the department is authorized:
…
XIII.
To establish rules governing the prequalification of consulting engineers
employed in the planning and construction of public water supply and pollution
control projects. Any licensed
engineering firm seeking initial prequalification shall pay to the department a
fee of $200. Prequalification shall be
renewed annually and shall be accompanied by a $50 renewal fee. These fees shall be deposited with the state
treasurer as unrestricted revenue. The
department is further empowered to prescribe the contract award procedures to
be followed in the awarding of construction contracts involving state financial
assistance.
310-A:12
General Requirements for Licensure as an Engineer. –
I.
Applicants who have the minimum of a bachelor of science degree, or the equivalent,
from an Accreditation Board for Engineering and Technology (ABET) or other
accredited 4-year institution in an engineering curriculum, certification as an
"engineer-in-training'' as a result of a NCEES fundamentals of engineering
proctored examination and 4 years of accumulated engineering experience under
the direction of a licensed professional engineer and satisfactory to the board
may apply to sit for the professional engineers examination.
II.
Applicants who have the minimum of a bachelor of science degree, or the
equivalent, from an ABET or other accredited 4-year institution in an
engineering curriculum and more than 10 years of accumulated engineering
experience under the direction of a licensed professional engineer and
satisfactory to the board may apply to sit for the professional engineers
examination. Such an applicant may request a waiver of the fundamentals of
engineering examination.
III.
Applicants with a minimum of 25 years of engineering experience of which at
least 10 years shall have been in responsible charge of engineering work
satisfactory to the board may apply for licensure under this section on the
basis of education and experience, provided that they have successfully passed
the professional engineers examination required by RSA 310-A:17.
IV.
Whenever the evidence presented in an application under paragraph I, II, or III
does not appear to the board conclusive and warranting the issuance of a
license, the applicant shall be required to pass a proctored examination, as
the board may determine.
310-A:18
Certificates; Seals. – The board shall issue a license, upon payment of the
registration fee established by the board, to any applicant who, in the opinion
of the board, has satisfactorily met all the requirements of this subdivision.
Licenses shall show the full name of the licensee, have a serial number, and be
signed by the chairperson and the secretary of the board under seal of the
board. The issuance of a license by the board shall be prima facie evidence that
the person named in the license is entitled to all the rights and privileges of
a licensed professional engineer while the license remains valid. Each licensee
shall upon licensure obtain a seal of the design authorized by the board,
bearing the registrant's name and the legend, "Licensed Professional
Engineer.'' All papers or documents involving the practice of engineering under
this subdivision, when issued or filed for public record, shall be dated and
bear the signature and seal of the licensed professional engineer who prepared
or had responsibility for and approved them. It shall be a class B misdemeanor
for the licensee to stamp or seal any documents with such seal after the
license of the licensee has expired or has been revoked, unless such license shall
have been renewed or reissued.
310-A:19
Interstate Licensure; Temporary Permit. –
I.
Applicants who are licensed or registered in another state, provided the other
state's licensing requirements are substantially equivalent to or higher than
those of this state, may apply to the board for licensure.
II.
Applicants who are certified by the National Council of Engineering Examiners
(NCEE) may apply for licensure by having their NCEE record sent to the board
and by furnishing such other information on a standard application form as the
board may direct.
III.
A person not a resident of and having no established place of business in this
state who wishes to practice or to offer to practice engineering in this state
may make application to the board for a temporary permit. A temporary permit
shall be limited to practice on a specific project in this state for a period
not to exceed 6 months in any one calendar year, provided such person is a
licensed professional engineer in a state or country where the requirements and
qualifications for obtaining a certificate of licensure are substantially
equivalent to or higher than those specified in this subdivision.
310-A:20
Engineering Certificates for Business Organizations. –
I.
The practice of or offer to practice professional engineering for others by
individual engineers licensed under this subdivision through a business
organization as officers, partners, associates, employees, or agents is
permitted, subject to the provisions of this subdivision; provided that:
(a)
One or more of the corporate officers, of a corporation or one or more general
partners, or associates is designated as being responsible for the engineering
activities and engineering decisions of the business organization, and is a licensed
engineer under this subdivision.
(b)
All personnel of the business organization who act in its behalf as
professional engineers are licensed under this subdivision.
(c)
The business organization has been issued a certificate of authorization by the
board, as provided in this section.
II.
The requirements of this subdivision shall not affect a business organization
or its employees in performing services for such business organization or its
subsidiary or affiliated business organizations. All final drawings,
specifications, plans, reports, or other engineering papers or documents
involving the practice of engineering, when issued or filed for public record,
shall be dated, and bear the signature and seal of the professional engineer
who prepared them or under whose direct supervisory control they were prepared.
III.
A business organization desiring a certificate of authorization shall file with
the board an application, using a form provided by the board, listing the names
and addresses of all officers and board members, general and limited partners,
associates, and any individuals duly licensed to practice engineering in this
state who shall be in responsible charge of the practice of engineering in this
state through the business organization, and any other information required by
the board. The same form, giving the same information, must accompany the
annual renewal fee. If there is a change in any of these persons during the
year, such change shall be designated on the same form and filed with the board
within 30 days after the effective date of such change. If all requirements of
this section are met, the board shall issue a certificate of authorization to
such business organization, and such business organization shall be authorized
to contract for and to collect fees for furnishing engineering services.
IV.
No business organization shall be relieved of responsibility for the conduct or
acts of its agents, employees, officers, or partners, by reason of its
compliance with the provisions of this section, nor shall any individual
practicing engineering be relieved of responsibility for engineering services
performed by reason of such individual's employment by or relationship with
such business organization.
V.
The secretary of state shall not issue a certificate of incorporation to an
applicant for incorporation or for registration as a foreign business
organization which includes the words "Engineer'' or "Engineering''
or any modification or derivative thereof in its corporate or business name or
which includes the practice of engineering among the objects for which it is
established unless the board shall have issued, with respect to such applicant,
a certificate of authorization or eligibility for authorization, a copy of
which shall have been presented to the secretary of state. Similarly, the
secretary of state, after a reasonable transition period, shall decline to
register any trade name or service mark which includes such words or
modifications or derivatives thereof in its firm or business name except to
partnerships, sole proprietorships and associations holding certificates of
registration or authorization issued under the provisions of this subdivision,
a copy of which shall likewise have been presented to the secretary of state.
However, the requirements of this subdivision shall not apply to any business
formed and registered with the secretary of state prior to January 1, 1999,
which uses the words "Engineer'' or "Engineering'' or any
modification or derivative thereof in its corporate or business name, and which
does not perform or require the services of a professional engineer.
VI.
A professional engineer who renders occasional, part-time or consulting
engineering services to or for a business organization may not, for the
purposes of this subdivision, be designated as being responsible for the
engineering activities and decisions of such business organization.