(For Effective Date, See note.) Unlawful Practice as a Professional Engineer or Land Surveyor

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  1. It shall be unlawful for any person other than a professional engineer to practice or to offer to practice professional engineering in this state.
  2. It shall be unlawful for any person other than a professional land surveyor to practice or to offer to practice land surveying in this state.
  3. (For effective date, see note.) It shall be unlawful for any person other than a professional structural engineer to practice or to offer to practice structural engineering in this state.

(Code 1933, § 84-2102, enacted by Ga. L. 1975, p. 1048, § 1; Ga. L. 2018, p. 583, § 1/SB 425; Ga. L. 2020, p. 642, § 3/SB 310.)

OPINIONS OF THE ATTORNEY GENERAL

Construed with O.C.G.A. §§ 36-7-2 and 36-7-9. - County surveyor who is not registered by the State Board of Registration for Professional Engineers and Land Surveyors may not, under any authority, engage in the private practice of land surveying outside of the county in which the surveyor was elected; nor may the surveyor engage in the private practice of land surveying in the county of election unless the surveyor was duly elected and holding office on June 30, 1986, and has continued, uninterrupted, to hold such office. 1990 Op. Att'y Gen. No. 90-13.

Limitations are imposed on right to secure free licenses to engage in business. 1954-56 Op. Att'y Gen. p. 909.

Government surveyors and engineers need not register.

- Law does not apply to officers and employees of government of United States while engaged within this state in practice of professional engineering or surveying for government. 1962 Op. Att'y Gen. p. 386.

Affirmation by owner on existing property surveys permitted.

- Person who, as part of a refinancing transaction, signs a land survey affidavit in which the person makes certain affirmations about an existing survey of property owned by that person in order to induce a title insurance company to issue a title insurance policy to the lender is not practicing as a land surveyor in violation of O.C.G.A. § 43-15-7(b). 1994 Op. Att'y Gen. No. 94-10.

RESEARCH REFERENCES

ALR.

- Right to enjoin business competitor from unlicensed or otherwise illegal acts or practices, 90 A.L.R.2d 7.

Single or isolated transactions as falling within provisions of commercial or occupational licensing requirements, 93 A.L.R.2d 90.

Recovery back of money paid to unlicensed person required by law to have occupational or business license or permit to make contract, 74 A.L.R.3d 637.


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