Powers and duties of the board and division.

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(1) General powers and duties. In order to carry into effect the provisions of this article 120, the board shall:

  1. Adopt rules pursuant to section 12-20-204;

  2. In addition to rules adopted pursuant to section 12-20-204, adopt:

  1. Rules for disciplining licensed architects; and

  2. Rules of professional conduct for professional engineers, professional land surveyors, and architects under the provisions of section 24-4-103. The rules of professional conduct for professional engineers shall be published, and such publication shall constitute due notice to all professional engineers.

(c) Keep a record of its proceedings and of all applications for licensing under this article 120. The application record for each applicant shall include:

  1. Name, age, and residence of the applicant;

  2. Date of application;

  3. Place of business of the applicant;

  4. Education of the applicant;

  5. (A) For an applicant for an engineering license, the applicant's engineering experience;

  1. For an applicant for a land surveyor license, the applicant's surveying and other applicable experience;

  2. For an applicant for an architect license, the applicant's architecture and other applicable experience;

  1. For land surveyor and architect applicants, the type of examination required;

  2. Date and type of action taken by the board; and

  3. Such other information as may be deemed necessary by the board.

(d) Make available through printed or electronic means the following:

  1. Statutes administered by the board for each of the professions regulated under thisarticle 120;

  2. A list of the names and addresses of record of all currently licensed professionalengineers, professional land surveyors, and architects;

  3. Rules of the board;

  4. Such other pertinent information as the board deems necessary; and

  5. The rules of professional conduct adopted pursuant to subsection (1)(b)(II) of thissection; and

(e) Adopt and have an official seal.

(2) Board powers and duties regarding professional engineers. For purposes of administering part 2 of this article 120 pertaining to the regulation of professional engineers, the board shall:

  1. Provide information to the public regarding the requirements for compliance withpart 2 of this article 120;

  2. Provide for examinations of professional engineer license applicants in the "fundamentals of engineering" and the "principles and practice of engineering". Examinations shall be given as often as practicable. The board shall ensure that the passing score for any examination is set to measure the level of minimum competency. An applicant who fails to pass the prescribed examination may be reexamined.

  3. Participate in the affairs of the National Council of Examiners for Engineering andSurveying and send a minimum of one delegate to the national meeting annually.

(3) Board powers and duties regarding professional land surveyors. For purposes of administering part 3 of this article 120 pertaining to the regulation of professional land surveyors, the board shall:

  1. Require each applicant for professional land surveyor licensing to demonstrate competence by means of examination and education and may require work examples as it deems necessary and sufficient for licensing; and

  2. Provide for and administer examinations to applicants for professional land surveyorlicensing to be given as often as practicable. Examinations must be identified only by numbers and anonymously graded. After reviewing and approving the examination results, the board shall record and communicate each examinee's examination results to the examinee. The board shall ensure that the passing score on surveying examinations is set to measure the level of minimum competency. The board shall publish and make available to interested applicants a list of the subjects included in the surveying examinations that are developed by the board, which subjects must be consistent with and related to the various aspects of surveying.

(4) Board powers and duties regarding architects. For purposes of administering part 4 of this article 120 pertaining to the regulation of architects, the board is authorized to:

  1. Examine and license duly qualified applicants for architect licensure, and renew thelicenses of duly qualified architects;

  2. Conduct hearings upon complaints concerning the conduct of architects;

  3. Cause the prosecution of all persons violating part 4 of this article 120 by the districtattorney or by the attorney general pursuant to section 12-20-405 (4); and

  4. Require every licensed architect to have a stamp as prescribed by the board.

(5) Division to employ investigators. The division may employ at least one investigator qualified to investigate complaints relative to the provisions of part 2 of this article 120 and at least one investigator to investigate complaints relative to the provisions of part 3 of this article 120.

Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 872, § 1, effective October 1.

Editor's note: This section is similar to former §§ 12-25-107, 12-25-207, and 12-25-307 as they existed prior to 2019; except that § 12-25-107 (1)(i) was relocated to § 12-120-103 (6).


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