GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1993

H	3 

HOUSE BILL 382
Committee Substitute Favorable 4/15/93
Committee Substitute #2 Favorable 5/4/93

Short Title:  Engineers & Surveyors Amendments.	(Public)
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Sponsors:
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Referred to: 
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March 3, 1993

A BILL TO BE ENTITLED
AN ACT TO AMEND THE STATUTES REGULATING PROFESSIONAL ENGINEERS AND LAND SURVEYORS.
The General Assembly of North Carolina enacts:
Section 1.  G.S. 89C-3 is amended by adding a new subdivision in the appropriate alphabetical order to read:
"(1a)	'Business Firm'. – The term means a partnership, a firm, an association, or another organization or group that is not a corporation and is acting as a unit."
Sec. 2.  G.S. 89C-13(b)(1)f. reads as rewritten:
"f.	Registration by Comity or Endorsement. – A person holding a certificate of registration to engage in the practice of land surveying issued on comparable qualifications from a state, territory, or possession of the United States will be given comity considerations.  However, he may be asked to take such examinations as the Board deems necessary to determine his qualifications, but in any event, he shall be required to pass a written examination which shall include questions on laws, procedures, and practices pertaining to the practice of land surveying in North Carolina."
Sec. 3.  G.S. 89C-18 reads as rewritten:
"§ 89C-18. Duplicate certificates.
The Board may issue a duplicate certificate of registration or certificate of authorization to replace any certificate that has been lost, destroyed, or mutilated and may charge a fee of up to twenty-five dollars ($25.00) for issuing the certificate."
Sec. 4.  G.S. 89C-24 reads as rewritten:
"§ 89C-24. Registration of corporations and business firms that engage in the practice of engineering or land surveying.
A corporation or business firm may not engage in the practice of engineering or land surveying in this State unless it is registered with the Board and has paid the required registration fee.  A corporation or business firm is subject to the same duties and responsibilities as an individual registrant.  Registration of a corporation or business firm does not affect the requirement that all engineering or land surveying work done by the corporation or business firm be performed by or under the responsible charge of individual registrants, nor does it relieve the individual registrants within a corporation or business firm of their design and supervision responsibilities.
This section applies to every corporation that is engaged in the practice of engineering or land surveying, regardless of when it was incorporated.  A corporation that is not exempt from Chapter 55B of the General Statutes by application of G.S. 55B-15 must be incorporated under that Chapter."
Sec. 5.  G.S. 89C-14(c) reads as rewritten:
"(c)	The certification fee for a corporation is the amount set by the Board in accordance with G.S. 55B-10.  The certification fee for a business firm is the same as the fee for a corporation.  The fee for renewal of a certificate of registration of a corporation is the amount set by the Board in accordance with G.S. 55B-11.  The fee for renewal of a certificate of registration for a business firm is the same as the renewal fee for a corporation."
Sec. 6.  G.S. 89C-21(b) reads as rewritten:
"(b)	The Board shall have the power to (i) revoke a certificate of authorization, or (ii) to suspend a certificate of authorization for a period of time not exceeding two years, of any corporation or business firm where one or more of its officers or directors have committed any act or have been guilty of any conduct which would authorize a revocation or suspension of their certificates of registration under the provision of this section."
Sec. 7.  G.S. 89C-22 reads as rewritten:
"§ 89C-22. Disciplinary action – Charges; procedure.
(a)	Any person may prefer charges of fraud, deceit, gross negligence, incompetence, misconduct, or violation of the rules of professional conduct, against any Board registrant.  The charges shall be in writing and shall be sworn to by the person or persons making them and shall be filed with the secretary of the Board.
(b)	All charges, unless dismissed by the Board as unfounded or trivial, shall be heard by the Board as provided under the requirements of Chapter 150B of the General Statutes.
(c)	If, after such hearing, a majority of the Board votes in favor of sustaining the charges, the Board shall reprimand, levy a civil penalty, suspend, refuse to renew, or revoke the registrant's certificate of registration.
(d)	A registrant who is aggrieved by a final decision of the Board may appeal for judicial review as provided by Article 4 of Chapter 150B.
(e)	The Board may, upon petition of an individual or an entity whose certificate has been revoked, for reasons it may deem sufficient, reissue a certificate of registration or authorization, provided that a majority of the members of the Board vote in favor of such issuance."
Sec. 8.  G.S. 89C-10(f) reads as rewritten:
"(f)	It shall be the responsibility and duty of the Board to conduct a regular program of investigation concerning all matters within its jurisdiction under the provisions of this Chapter.  The investigation of a registrant is confidential until the Board issues a citation to the registrant.  The Board may expend its funds for salaries, fees, and per diem expenses, in connection with its investigations, provided that no such funds other than per diem expenses shall be paid to any member of the Board in connection with its investigations, nor may any member of the Board give testimony and thereafter sit in deciding on any matter which may directly involve punitive action under such testimony."
Sec. 9.  Section 8 of this act and this section are effective upon ratification.  The remaining sections of this act become effective October 1, 1993.