CHAPTER 1. REGULATION OF ENGINEERS; CREATION OF BOARD
IC 25-31
ARTICLE 31. PROFESSIONAL ENGINEERS
IC 25-31-1
Chapter 1. Regulation of Engineers; Creation of Board
IC 25-31-1-1
Repealed
(Repealed by P.L.215-1993, SEC.32.)
IC 25-31-1-2
Definitions
Sec. 2. As used in this chapter:
(a) "Board" means the state board of registration for professional
engineers.
(b) "Professional engineer" means an individual who, by reason
of that individual's special knowledge of the mathematical and
physical sciences and the principles and methods of engineering
analysis and design which are acquired by education and practical
experience, is qualified to engage in the practice of engineering as
attested by that individual's registration as a professional engineer.
(c) "Engineering intern" means an individual who:
(1) is a graduate from an approved engineering curriculum of
four (4) years or more or who has acquired, through engineering
education and experience in engineering work, knowledge and
skill approximating that obtained by graduation in an approved
engineering curriculum of four (4) years or more;
(2) has successfully passed an examination as prescribed in
section 14 of this chapter; and
(3) has been issued by the board an appropriate certificate of
enrollment as an engineering intern.
(d) "Practice of engineering" means any service or creative work
that the adequate performance of requires engineering education,
training, and experience in the application of special knowledge of
the mathematical, physical, and engineering sciences to services or
creative work that includes the following:
(1) Consultation.
(2) Investigation.
(3) Evaluation.
(4) Planning, including planning the use of land and water.
(5) The design of or the supervision of the design of
engineering works and systems.
(6) Engineering surveys and studies or the supervision of
engineering surveys and studies, including all surveying
activities required to support the sound conception, planning,
design, construction, maintenance, and operation of engineered
projects, but not including the surveying of real property for the
establishment of land boundaries, subdivisions, rights-of-way,
easements, and the dependent or independent surveys or
resurveys of the public land survey system.
(7) Evaluation of construction for the purpose of assuring
compliance with specifications, plans, and designs, in
connection with any public or private utilities, structures,
buildings, machines, equipment, processes, work systems, or
projects.
The term "practice of engineering" does not include the work
ordinarily performed by persons who operate or maintain machinery
or equipment.
(e) "Approved engineering curriculum" means an engineering
curriculum of four (4) years or more that has been approved by the
board. In approving the engineering curriculum, the board may take
into consideration the standards of accreditation adopted by the
Accreditation Board for Engineering and Technology.
(f) "Practice or offer to practice engineering" means the act of an
individual or a business who by verbal claim, sign, advertisement,
letterhead, card, telephone listing, or in any other way represents the
individual or the business to be a professional engineer or who
performs, or offers to perform, any acts or work involving the
practice of engineering.
(g) "Licensing agency" means the Indiana professional licensing
agency established by IC 25-1-5-3.
(Formerly: Acts 1935, c.148, s.2; Acts 1947, c.262, s.2; Acts 1957,
c.320, s.1; Acts 1961, c.277, s.1; Acts 1965, c.284, s.2; Acts 1969,
c.279, s.1.) As amended by Acts 1981, P.L.222, SEC.229;
P.L.132-1984, SEC.40; P.L.23-1991, SEC.14; P.L.215-1993, SEC.2;
P.L.1-2006, SEC.475.
IC 25-31-1-3
State board of registration for professional engineers
Sec. 3. (a) The state board of registration for professional
engineers is created.
(b) The board consists of seven (7) members, six (6) of whom
shall be registered professional engineers.
(c) One (1) member must be appointed to represent the general
public who is:
(1) a resident of this state; and
(2) not associated with professional engineering other than as
a consumer.
(d) All members of the board shall be appointed by the governor.
(e) Six (6) professional engineer members shall be appointed to
the board and shall at the time of appointment consist of:
(1) one (1) member from industry;
(2) one (1) member from government;
(3) one (1) member from education;
(4) two (2) members from private practice; and
(5) one (1) member at large.
(f) A person appointed as a professional engineer member of the
board must:
(1) be a citizen of the United States;
(2) have been a resident of this state for a period of at least five
(5) years immediately before the time of the member's
appointment;
(3) be registered as a professional engineer and must have been
engaged in the lawful practice of engineering for at least twelve
(12) years; and
(4) have been in responsible charge of engineering work or
engineering teaching for at least five (5) years.
(g) Every member of the board shall be appointed for a term of
four (4) years and shall serve until the member's successor is
appointed and qualified.
(h) Every member of the board shall receive a certificate of
appointment from the governor, and, before beginning the member's
term of office, file with the secretary of the board a written oath or
affirmation for the faithful discharge of the member's official duties.
(i) The governor may remove any member of the board at any
time for incompetency, neglect of duty, or for unprofessional
conduct.
(j) Any vacancy which may occur in the membership of the board,
at any time, shall be filled by appointment by the governor for the
unexpired term.
(Formerly: Acts 1935, c.148, s.3; Acts 1965, c.284, s.3; Acts 1967,
c.94, s.1.) As amended by Acts 1981, P.L.222, SEC.230;
P.L.23-1991, SEC.15; P.L.215-1993, SEC.3.
IC 25-31-1-4
Compensation and expenses of board members
Sec. 4. (a) The members of the board shall receive a salary per
diem for each and every day, or part of a day, while they are in actual
attendance of any meeting of the board, or while they are engaged in
the performance of the official business of the board. The salary per
diem is in addition to any allowance, prescribed by the laws of the
state, for subsistence and travel within Indiana.
(b) Any member of the board, or the secretary of the board, may
be authorized by the board to attend any engineering conference, or
meeting, held outside of Indiana, the major purpose of the meeting
being the consideration of problems directly associated with the
registration of professional engineers. Any member of the board, in
addition to any subsistence and travel allowance as prescribed by the
laws of the state for travel outside of Indiana, shall receive a salary
per diem for each and every day, or part of a day, while the board
member is in actual attendance of any engineering conference or
meeting held outside of Indiana, or while en route to and from the
conference or meeting.
(Formerly: Acts 1935, c.148, s.4; Acts 1957, c.320, s.2.) As amended
by Acts 1976, P.L.119, SEC.23; Acts 1981, P.L.222, SEC.231;
P.L.23-1991, SEC.16; P.L.215-1993, SEC.4.
IC 25-31-1-5
Meetings of board; organization; quorum
Sec. 5. (a) The board shall hold in the city of Indianapolis at least
two (2) regular meetings each year and special meetings as the board
considers necessary. Regular and special meetings must be held at
times and places as the rules of the board may provide. Notice of all
meetings must be given according to IC 5-14-1.5.
(b) The board shall elect, annually, from its own members, a
chairman and a vice chairman.
(c) A quorum of the board consists of four (4) members and no
official action of any meeting may be taken without at least four (4)
votes being in accord.
(d) Suitable office quarters shall be provided by the state for the
use of the board in the city of Indianapolis. This office may be shared
with the state board of registration for land surveyors.
(Formerly: Acts 1935, c.148, s.5.) As amended by Acts 1982,
P.L.113, SEC.75; P.L.23-1991, SEC.17; P.L.215-1993, SEC.5.
IC 25-31-1-6
Secretary of board; duties; employees
Sec. 6. (a) The licensing agency shall provide the board with a
competent individual to serve as secretary of the board. The secretary
may not be a member of the board. The secretary, through the
licensing agency, shall keep a true and complete record of all
proceedings of the board and perform any other duties, prescribed in
this chapter, as may be assigned by the board.
(b) The board shall be provided by the licensing agency whatever
clerical or other assistants, including investigators, as may be
necessary for the proper performance of its duties.
(c) The licensing agency may assign joint personnel to work for
both the board and the state board of registration for land surveyors.
(Formerly: Acts 1935, c.148, s.6; Acts 1957, c.320, s.3.) As amended
by Acts 1981, P.L.222, SEC.232; P.L.132-1984, SEC.41;
P.L.23-1991, SEC.18; P.L.215-1993, SEC.6.
IC 25-31-1-7
Enforcement and administration of chapter by board
Sec. 7. (a) The board shall enforce and administer the provisions
of this chapter, and adopt rules, not inconsistent with the
Constitution and laws of this state, as may be reasonably necessary
for the proper performance of its duties and the regulations of the
proceedings before it. The board shall adopt rules establishing
standards for the competent practice of engineering and for the
administration of the registered professional engineers and registered
engineering interns investigative fund established by section 35 of
this chapter. Any rulemaking by the board shall be in accordance
with IC 4-22-2.
(b) The board shall adopt and have an official seal.
(Formerly: Acts 1935, c.148, s.7.) As amended by Acts 1981,
P.L.222, SEC.233; P.L.23-1991, SEC.19; P.L.215-1993, SEC.7;
P.L.194-2005, SEC.77.
IC 25-31-1-8
Hearings and subpoenas
Sec. 8. The provisions of IC 4-21.5 govern the board's procedures
for conducting hearings and issuing subpoenas for witnesses and
other evidence.
(Formerly: Acts 1935, c.148, s.8; Acts 1947, c.262, s.3; Acts 1965,
c.284, s.4.) As amended by Acts 1982, P.L.154, SEC.101;
P.L.215-1993, SEC.8.
IC 25-31-1-9
Disposition of receipts; fee
Sec. 9. (a) Except as provided in IC 25-31-1-35 and subsection
(b), the licensing agency shall receive and account for all money
collected under the provisions of this chapter and shall deposit the
money with the treasurer of state to be deposited by the treasurer of
state in the general fund of the state.
(b) In addition to the registration fee established under section
13(c) of this chapter, the board shall establish a fee of not more than
twenty dollars ($20) for registered professional engineers and
registered engineering interns to be paid at the time of:
(1) issuance of a certificate of registration; and
(2) renewal of a certificate of registration;
under this article to provide funds for administering and enforcing
this article, including investigating and taking action against persons
violating this article. All funds collected under this subsection shall
be deposited into the registered professional engineers and registered
engineering interns investigative fund established by section 35 of
this chapter.
(Formerly: Acts 1935, c.148, s.9.) As amended by Acts 1976,
P.L.119, SEC.24; P.L.215-1993, SEC.9; P.L.194-2005, SEC.78;
P.L.177-2006, SEC.7.
IC 25-31-1-10
Records
Sec. 10. (a) The board shall keep a record of its proceedings and
a record of all applications for registration. The record shall show:
(1) the name, age, and residence of each applicant;
(2) the date of the application;
(3) the place of business of the applicant;
(4) the applicant's education and other qualifications;
(5) whether or not an examination was required;
(6) whether or not the applicant was rejected;
(7) whether a certificate of registration was granted;
(8) the date of the action of the board; and
(9) any other information as may be deemed necessary by the
board.
(b) The records of the board are prima facie evidence of the
proceedings of the board.
(c) A transcript of the proceedings certified by the chairman and
attested by the secretary of the board, under its seal, shall be
admissible in evidence with the same force and effect as if the
original were produced.
(Formerly: Acts 1935, c.148, s.10; Acts 1961, c.277, s.2.) As
amended by Acts 1979, P.L.17, SEC.48; P.L.215-1993, SEC.10.
IC 25-31-1-11
Repealed
(Repealed by P.L.132-1984, SEC.55.)
IC 25-31-1-12
Qualifications for registration
Sec. 12. (a) The following under either subdivision (1) or (2) shall
be considered as minimum evidence that the applicant is qualified for
registration as a professional engineer:
(1) All of the following:
(A) Graduation in an approved engineering curriculum of
four (4) years or more.
(B) A specific record of four (4) years or more of
progressive experience on engineering projects of sufficient
quality acquired subsequent to graduation, which experience
indicates that the applicant is qualified to be placed in
responsible charge of engineering work requiring the
exercise of judgment in the application of engineering
sciences to the sound solution of engineering problems.
(C) The successful passing of an examination as provided
for in section 14 of this chapter.
(2) All of the following:
(A) A specific record of eight (8) years or more of
engineering education and experience in engineering work,
which indicates that the applicant has acquired knowledge
and skill and practical experience in engineering work
approximating that required for registration as a professional
engineer under subdivision (1).
(B) The successful passing of an examination as provided
for in section 14 of this chapter.
(b) The following under either subdivision (1) or (2) shall be
considered as minimum evidence that the applicant is qualified for
certification as an engineering intern:
(1) All of the following:
(A) Graduation in an approved engineering curriculum of
four (4) years or more.
(B) The successful passing of an engineering intern
examination as provided in section 14 of this chapter.
(2) All of the following:
(A) A specific record of four (4) years or more of
engineering education and experience in engineering work
indicating that the applicant has acquired knowledge and
skill approximating that acquired through graduation in an
approved engineering curriculum of four (4) years or more.
(B) The successful passing of an engineering intern
examination as provided in section 14 of this chapter.
(c) The board may waive the examination under section 14 of this
chapter to any applicant who has been granted a certificate of
registration under section 21 of this chapter.
(d) An individual is not eligible for registration as a professional
engineer or certification as an engineering intern if the individual has
been convicted of:
(1) an act which would constitute grounds for disciplinary
sanction under IC 25-1-11; or
(2) a felony that has a direct bearing on the individual's ability
to practice competently.
(e) In considering the qualifications of applicants, responsible
charge of engineering teaching shall be construed as responsible
charge of engineering work. An applicant who holds a degree of
master of science of engineering or the equivalent thereof from a
curriculum in engineering approved by the board may be given a
maximum credit of one (1) year of experience in addition to the
credit of four (4) years of education. An applicant who holds a
degree of doctor of philosophy or the equivalent thereof from a
curriculum in engineering approved by the board may be given a
maximum of credit of two (2) years of experience in addition to a
credit of four (4) years of education. Graduation in a course other
than engineering from a college or university acceptable to the board
may be considered as equivalent to two (2) years engineering
experience and education. The mere execution, as a contractor of
work designed by a professional engineer, or the supervision of the
construction of such work as a foreman or superintendent shall not
be deemed to be engineering experience.
(f) Any person having the necessary qualifications to be registered
under this chapter is eligible for registration although the individual
may not be engaged in the practice of engineering at the time the
application is made.
(Formerly: Acts 1935, c.148, s.12; Acts 1947, c.262, s.4; Acts 1957,
c.320, s.5; Acts 1961, c.277, s.3; Acts 1965, c.284, s.6; Acts 1969,
c.279, s.2.) As amended by Acts 1981, P.L.222, SEC.234; Acts 1982,
P.L.113, SEC.76; P.L.23-1991, SEC.20; P.L.1-1992, SEC.133;
P.L.215-1993, SEC.11; P.L.214-1993, SEC.80.
IC 25-31-1-13
Application for registration; fees
Sec. 13. (a) An individual applying for registration as a
professional engineer or for certification as an engineering intern
shall apply for registration or certification on a form prescribed and
provided by the board. Each application for registration shall contain
statements showing the education and qualifications of the applicant
and a detailed summary of the technical work performed by the
applicant. An application for registration as a professional engineer
shall be accompanied by the names of five (5) persons to be used as
references, at least three (3) of whom are professional engineers who
have a personal knowledge of the experience of the applicant. Each
application for a certification as an engineering intern must contain
statements showing the education of the applicant, and except for an
application for an examination to be given during the applicant's
senior year, the application shall be accompanied by the names of
three (3) persons to be used as references. All applications shall be
certified to by the applicant as to the correctness of the statements
contained in the application.
(b) A person who knowingly makes a false statement in the
application commits a Class A misdemeanor.
(c) The amount of registration fees for a professional engineer and
for an engineering intern shall be fixed and determined by the board
under IC 25-1-8-2. The board shall also in its rules prescribe the
manner and the time for the paying of registration fees.
(d) In the event the board refuses to issue a certificate of
registration to any person who has made proper application for
registration as a professional engineer, any initial fee prescribed by
the board and deposited with the board by an applicant shall be
retained by the board as an application fee.
(e) In the event the board refuses to issue a certificate to any
person who has made proper application for certification as an
engineering intern, the fee prescribed by the board and deposited by
the applicant with the board shall be retained as an application fee.
(Formerly: Acts 1935, c.148, s.13; Acts 1947, c.262, s.5; Acts 1957,
c.320, s.6; Acts 1961, c.277, s.4; Acts 1965, c.284, s.7; Acts 1969,
c.279, s.3.) As amended by Acts 1978, P.L.2, SEC.2553;
P.L.23-1991, SEC.21; P.L.215-1993, SEC.12.
IC 25-31-1-14
Examination; reexamination
Sec. 14. (a) The examination required of all applicants for
registration as a professional engineer shall be a written examination
which shall be divided into the following two (2) parts, each of eight
(8) hours duration:
(1) Engineering fundamentals.
(2) Principles and practice of engineering.
The board may adopt rules under IC 4-22-2 establishing additional
examination requirements.
(b) The engineering fundamentals portion of the examination shall
be designed to test the applicant's knowledge of mathematics and the
physical and engineering sciences. The standards of proficiency
required shall approximate that attained by graduation in an approved
four (4) year engineering curriculum.
(c) The principles and practice of the engineering portion of the
examination shall be designed primarily to test the applicant's
understanding of, and judgment and ability to apply correctly, the
principles of:
(1) mathematics;
(2) the physical sciences;
(3) the engineering sciences; and
(4) engineering design analysis and synthesis;
to the practice of professional engineering. A part of the examination
may be designed to test the applicant's knowledge and understanding
of the ethical, economic, and legal principles relating to the practices
of professional engineering.
(d) An applicant for registration as a professional engineer who
holds an engineering intern certificate issued in Indiana or in any
other state or territory having equivalent standards may be exempted
from the engineering fundamentals portion of the examination.
(e) An applicant must successfully pass the engineering
fundamentals portion of the examination before taking the principles
and practice portion of the examination.
(f) Examinations shall be held at times and places as determined
by the board at least two (2) times each year. Examinations for
certification as an engineering intern may be held separately from the
examinations for registration as a professional engineer.
(g) An applicant for registration as a professional engineer who
is presently registered in another state or territory may be assigned
a written examination as the board deems necessary to meet the
requirements of this chapter.
(h) An applicant for registration as a professional engineer who
fails in the first examination may request to be readmitted for a
second examination at either of the next two (2) regularly scheduled
examinations. Upon application and at the discretion of the board, an
applicant who misses:
(1) the originally scheduled examination; or
(2) the next two (2) regularly scheduled examinations;
may be given permission to appear for another regularly scheduled
examination. The amount of fee to be paid for each examination shall
be determined by the board under IC 25-1-8-2.
(i) If an applicant who has failed three (3) or more examinations
reapplies and submits evidence of acquiring additional knowledge
for the examination, the board may give the applicant approval to
take subsequent examinations.
(Formerly: Acts 1935, c.148, s.14; Acts 1947, c.262, s.6; Acts 1957,
c.320, s.7; Acts 1961, c.277, s.5; Acts 1969, c.279, s.4.) As amended
by Acts 1980, P.L.166, SEC.6; P.L.23-1991, SEC.22; P.L.215-1993,
SEC.13; P.L.194-2005, SEC.79.
IC 25-31-1-15
Issuance of certificate of registration; certificate of enrollment
Sec. 15. (a) The board shall issue a certificate of registration,
upon the payment of the fee prescribed by the board under
IC 25-1-8-2 and the fee established by section 9(b) of this chapter, to
any applicant who, in the opinion of the board, has satisfactorily met
all requirements of this chapter. In the case of a professional
engineer, the certificate shall authorize the practice of "professional
engineering". The certificate of registration shall:
(1) show the full name of the registrant;
(2) bear a serial number and date; and
(3) be signed by a designee of the board.
The issuance of any certificate of registration by the board under this
chapter is evidence that the individual named on the certificate is
entitled to all the rights and privileges of a registered professional
engineer from the date on the certificate until it expires or is revoked.
(b) The board shall issue a certificate of enrollment upon the
payment of the certificate fee prescribed by the board under
IC 25-1-8-2 to any applicant who, in the opinion of the board, has
satisfactorily met all of the requirements of this chapter. In the case
of an engineering intern, the certificate shall state that the applicant
has successfully passed the examination in engineering fundamentals
and has been enrolled as an engineering intern. The certificate of
enrollment shall:
(1) show the full name of the enrollee;
(2) bear a serial number and date; and
(3) be signed by the director of the licensing agency.
The issuance of a certificate of enrollment by the board is evidence
that the individual named on the certificate is entitled to all the rights
and privileges of an engineering intern while the certificate remains
unrevoked or until it expires.
(Formerly: Acts 1935, c.148, s.15; Acts 1947, c.262, s.7; Acts 1969,
c.279, s.5.) As amended by Acts 1982, P.L.154, SEC.102;
P.L.23-1991, SEC.23; P.L.215-1993, SEC.14; P.L.194-2005,
SEC.80; P.L.177-2006, SEC.8.
IC 25-31-1-16
Seal
Sec. 16. (a) The granting of registration extends to the registrant
the authority to use a seal of a design approved by the board bearing
the registrant's name, registration number, and the legend
"professional engineer".
(b) During the period of time that a registrant's certificate is valid,
the registrant is authorized to apply the registrant's seal to plans,
specifications, studies, drawings, and reports. Applying the
registrant's seal attests that:
(1) the work embodies the engineering work of the registrant;
(2) the registrant or an employed subordinate supervised by the
registrant prepared the documents, and in the context of
engineered plans "prepared" refers to the registrant's control and
direction of the engineering work and design process;
(3) the registrant assumes full professional responsibility for the
documents; and
(4) the work meets standards of acceptable engineering practice.
(c) It is unlawful for any person to stamp or seal any document
with a seal after the certificate of the registrant named on the seal has
expired or has been revoked.
(Formerly: Acts 1935, c.148, s.16; Acts 1961, c.277, s.6.) As
amended by P.L.23-1991, SEC.24; P.L.215-1993, SEC.15.
IC 25-31-1-17
Expiration and renewal of certificate
Sec. 17. (a) Unless a certificate is renewed, a certificate issued
under this chapter expires on a date specified by the licensing agency
under IC 25-1-6-4 and expires biennially after the initial expiration
date. An applicant for renewal shall submit an application in the
manner prescribed by the board and pay the renewal fee established
by the board under IC 25-1-8-2 on or before the renewal date
specified by the licensing agency.
(b) If the holder of a certificate does not renew the certificate by
the date specified by the licensing agency, the certificate expires and
becomes invalid without the board taking any action.
(c) The failure on the part of a registrant to renew a certificate
does not deprive the registrant of the right of renewal.
(d) If a certificate has been expired for not more than three (3)
years, the certificate may be reinstated by the board if the holder of
the certificate meets the requirements for reinstatement under
IC 25-1-8-6(c).
(e) If a certificate has been expired for more than three (3) years,
the certificate may be reinstated by the board if the holder of the
certificate meets the requirements for reinstatement under
IC 25-1-8-6(d).
(Formerly: Acts 1935, c.148, s.17; Acts 1961, c.277, s.7; Acts 1965,
c.284, s.8; Acts 1969, c.279, s.6.) As amended by P.L.215-1993,
SEC.16; P.L.194-2005, SEC.81; P.L.105-2008, SEC.59.
IC 25-31-1-17.5
Continuing education rules
Sec. 17.5. (a) The board may adopt rules requiring a professional
engineer to obtain continuing education for renewal of a certificate
under section 17 of this chapter.
(b) If the board adopts rules under this section, the rules must do
the following:
(1) Establish an inactive certificate of registration that:
(A) does not require the holder of an inactive certificate to
obtain continuing education; and
(B) prohibits the holder of an inactive certificate from
practicing engineering.
(2) Establish requirements for reactivation of an inactive
certificate.
As added by P.L.215-1993, SEC.17.
IC 25-31-1-18
Corporate practice
Sec. 18. (a) A registration certificate for a professional engineer
may be issued only to a natural person.
(b) A business, including a proprietorship, partnership, or
corporation, doing business in Indiana may not practice or offer to
practice engineering unless that practice is carried on under the
responsible direction and supervision of a registered professional
engineer who is a full-time employee of the business. All plans,
sheets of designs, specifications, reports, studies, or other
engineering documents that require certification and are prepared by
the personnel of a business must carry the signature and seal of the
registered professional engineer who is in responsible charge of the
professional engineering work.
(Formerly: Acts 1935, c.148, s.18; Acts 1957, c.320, s.8; Acts 1961,
c.277, s.8; Acts 1967, c.95, s.1.) As amended by P.L.23-1991,
SEC.25; P.L.215-1993, SEC.18.
IC 25-31-1-19
Public projects; employment of professional engineer
Sec. 19. (a) A county, city, town, township, school corporation,
or other political subdivision of this state may not engage in the
construction or maintenance of any public work involving the
practice of engineering for which plans, specifications, and estimates
have not been prepared, certified, and sealed by, and the construction
and maintenance executed under the direct supervision of, a
professional engineer. Any contract executed in violation of this
section is void.
(b) An official of this state, or of any city, town, county, township,
or school corporation, charged with the enforcement of any law,
ordinance, or rule relating to the design, construction, or alteration
of buildings or structures may not use or accept or approve any plans
or specifications that have not been prepared by, or under the
supervision of and certified by, a registered professional engineer.
This subsection does not apply:
(1) to plans or specifications prepared by, or under the
supervision of and certified by, an architect who is registered
under IC 25-4-1;
(2) to structures and construction listed in IC 22-15-3-3(a); or
(3) to plans or specifications contained in a registration, license,
or permit application, including an application for an initial
permit, the renewal of a permit, the modification of a permit, or
a variance from a permit submitted to the commissioner of the
department of environmental management under IC 13, unless
the permit is for the approval of plans or specifications for
construction for which a professional engineer's seal is required
by operation of either state or federal law, rule, or regulation.
This subsection does not require a professional engineer's seal
for an application for an air quality construction permit under
326 IAC 2-1-3.
This section shall not be construed as to abridge or otherwise affect
the powers of any state board or department to issue rules governing
the safety of buildings or structures.
(c) All maps required to show the underground workings of any
mine in Indiana must be prepared, certified, and sealed by a
professional engineer or land surveyor.
(Formerly: Acts 1935, c.148, s.19; Acts 1947, c.262, s.8; Acts 1957,
c.320, s.9; Acts 1961, c.277, s.9; Acts 1965, c.284, s.9.) As amended
by P.L.8-1984, SEC.121; P.L.23-1991, SEC.26; P.L.215-1993,
SEC.19; P.L.82-1994, SEC.30; P.L.246-1995, SEC.1.
IC 25-31-1-20
Exempt persons
Sec. 20. (a) An employee or a subordinate of any person who
holds a certificate of registration under the provisions of this chapter
is exempt from the provisions of this chapter if the practice of the
employee or subordinate does not include responsible charge of
design or supervision.
(b) This chapter does not require registration for the purpose of
practicing engineering by an individual or a business:
(1) on property owned or leased by that individual or business
unless the engineering practice involves the public health or
safety, or the health or safety of the employees of that
individual or business;
(2) for the performance of engineering which relates solely to
the design or fabrication of manufactured products; or
(3) that is registered as a landscape architect under IC 25-4-2
and while the individual or business is engaged in the practice
of landscape architecture planning the use of land or water.
(Formerly: Acts 1935, c.148, s.20; Acts 1947, c.262, s.9; Acts 1951,
c.125, s.1; Acts 1961, c.277, s.10; Acts 1969, c.279, s.7.) As amended
by Acts 1982, P.L.154, SEC.103; P.L.23-1991, SEC.27; P.L.1-1993,
SEC.198; P.L.215-1993, SEC.20.
IC 25-31-1-21
License by reciprocity
Sec. 21. The board may, upon application and payment of a fee
established by the board in the board's rules, issue a certificate of
registration as a professional engineer to an individual who holds a
valid certificate of registration as a professional engineer, issued to
the applicant by the proper authority of any state or territory or
possession of the United States if the requirements for registration of
professional engineers that the certificate of registration was issued
under do not conflict with the provisions of this chapter. In
determining the qualifications of an applicant, the board may accept
the verified professional record of the applicant that is certified by
the National Council of Examiners for Engineers and Surveyors.
However, an applicant meets the experience requirement under
section 12 of this chapter if the applicant:
(1) has at least three (3) years of engineering work experience
after the applicant graduates from an approved engineering
curriculum but before the applicant successfully passes an
examination required under section 14 of this chapter; and
(2) has been registered or licensed as a professional engineer in
another state for at least ten (10) years.
(Formerly: Acts 1935, c.148, s.21; Acts 1957, c.320, s.10; Acts 1965,
c.284, s.10; Acts 1969, c.279, s.8.) As amended by Acts 1982,
P.L.154, SEC.104; P.L.23-1991, SEC.28; P.L.215-1993, SEC.21;
P.L.194-2005, SEC.82.
IC 25-31-1-22
Repealed
(Repealed by Acts 1981, P.L.222, SEC.296.)
IC 25-31-1-22.1
Repealed
(Repealed by P.L.214-1993, SEC.91.)
IC 25-31-1-23
Repealed
(Repealed by P.L.214-1993, SEC.91.)
IC 25-31-1-24
Conduct of hearings
Sec. 24. All hearings conducted by the board shall be held
pursuant to IC 4-21.5-3.
(Formerly: Acts 1935, c.148, s.24; Acts 1965, c.284, s.12.) As
amended by Acts 1977, P.L.172, SEC.47; P.L.7-1987, SEC.128;
P.L.214-1993, SEC.81; P.L.215-1993, SEC.24.
IC 25-31-1-25
Judicial review
Sec. 25. An applicant or a registrant who is aggrieved by an order
or determination of the board is entitled to a judicial review under
IC 4-21.5.
(Formerly: Acts 1935, c.148, s.25; Acts 1965, c.284, s.13.) As
amended by Acts 1982, P.L.154, SEC.105; P.L.3-1989, SEC.148;
P.L.215-1993, SEC.25.
IC 25-31-1-26
Issuance of duplicate certificate
Sec. 26. A certificate of registration, or a certification as an
engineering intern to replace a certificate which has been lost,
destroyed, or mutilated, may be issued subject to the rules of the
board and the fee established under IC 25-1-8-2.
(Formerly: Acts 1935, c.148, s.26; Acts 1947, c.262, s.10; Acts 1961,
c.277, s.12.) As amended by P.L.215-1993, SEC.26; P.L.235-1995,
SEC.10.
IC 25-31-1-27
Practicing without license and other specific violations
Sec. 27. A person who:
(1) practices or offers to practice engineering without being
registered or exempted under the laws of this state;
(2) presents as the person's own the certificate of registration or
the seal of another;
(3) gives any false or forged evidence of any kind to the board
or to any member of the board in obtaining a certificate of
registration;
(4) impersonates any other registrant;
(5) uses an expired, suspended, or revoked certificate of
registration; or
(6) otherwise violates this chapter;
commits a Class B misdemeanor.
(Formerly: Acts 1935, c.148, s.27; Acts 1947, c.262, s.11.) As
amended by Acts 1978, P.L.2, SEC.2554; P.L.23-1991, SEC.30;
P.L.215-1993, SEC.27.
IC 25-31-1-28
Enforcement; use of investigative fund
Sec. 28. (a) It is the duty of all law enforcement officers of this
state, or any political subdivision, to enforce the provisions of this
chapter and to apprehend and prosecute any person who violates any
of the provisions of this chapter.
(b) The attorney general shall act as the legal advisor of the board
and render any legal assistance as may be necessary in carrying out
the provisions of this chapter.
(c) The attorney general and the licensing agency may use the
registered professional engineers and registered engineering interns
investigative fund established by section 35 of this chapter to hire
investigators and other employees to enforce the provisions of this
article and to investigate and prosecute violations of this article.
(Formerly: Acts 1935, c.148, s.28.) As amended by Acts 1982,
P.L.154, SEC.106; P.L.215-1993, SEC.28; P.L.194-2005, SEC.83.
IC 25-31-1-29
Injunctions
Sec. 29. (a) The attorney general, the prosecuting attorney of any
county, the board, or a citizen of any county where a person who is
not exempted engages in the practice of engineering without first
having obtained a certificate of registration or without first having
renewed an expired certificate of registration may, in accordance
with the provisions of the laws of this state governing injunctions,
file an action in the name of the state of Indiana to enjoin that person
from engaging in the practice of engineering until a certificate of
registration is secured or renewed.
(b) Any person who has been enjoined and violates an injunction
shall be punished for contempt of court. An injunction does not
relieve a person engaged in the practice of engineering without a
certificate of registration or without first having renewed an expired
certificate of registration from a criminal prosecution.
(c) The remedy by injunction is in addition to any remedy
provided for herein for the criminal prosecution of the offender. In
charging any person in a complaint for violation of the provisions of
this chapter by engaging in the practice of engineering without a
certificate of registration or without having renewed an expired
certificate of registration, it is sufficient to charge that the offender:
(1) on a certain day in a certain county practiced or offered to
practice engineering; and
(2) was not registered or exempted under this chapter.
(Formerly: Acts 1935, c.148, s.29; Acts 1947, c.262, s.12.) As
amended by Acts 1982, P.L.154, SEC.107; P.L.23-1991, SEC.31;
P.L.215-1993, SEC.29.
IC 25-31-1-30
Exemption from statutes relating to practice of architecture
Sec. 30. (a) Except as provided in IC 25-4-1-11, a person
registered as a professional engineer under this chapter is exempt
from the provisions of any and all statutes in force in this state
regulating the practice of architecture.
(b) This chapter does not apply to an individual registered as an
architect under IC 25-4-1. An architect, however, who is registered
under IC 25-4-1 and exempted from this chapter may not use the
designation "engineer" in any form or manner unless the architect is
registered under this chapter.
(Formerly: Acts 1935, c.148, s.30; Acts 1967, c.95, s.2.) As amended
by Acts 1982, P.L.154, SEC.108; P.L.215-1993, SEC.30.
IC 25-31-1-31
Repealed
(Repealed by P.L.23-1991, SEC.40.)
IC 25-31-1-32
Repealed
(Repealed by P.L.214-1993, SEC.91 and P.L.215-1993, SEC.32.)
IC 25-31-1-33
Reserved
IC 25-31-1-34
Use of engineer in political subdivision job title
Sec. 34. (a) This section does not apply to a job position filled by
the department of environmental management.
(b) Unless a job position is filled by a professional engineer, the
state or a political subdivision (as defined in IC 36-1-2-13) may not
use the word "engineer" in the position's job title.
As added by P.L.215-1993, SEC.31. Amended by P.L.16-1994,
SEC.9.
IC 25-31-1-35
Investigative fund; administration by attorney general and
licensing agency; appropriation
Sec. 35. (a) The registered professional engineers and registered
engineering interns investigative fund is established to provide funds
for administering and enforcing the provisions of this article,
including investigating and taking enforcement action against
violators of this article. The fund shall be administered by the
attorney general and the licensing agency.
(b) The expenses of administering the fund shall be paid from the
money in the fund. The fund consists of money from the fee imposed
upon registered professional engineers and registered engineering
interns under section 9(b) of this chapter.
(c) The treasurer of state shall invest the money in the fund not
currently needed to meet the obligations of the fund in the same
manner as other public money may be invested.
(d) Money in the fund at the end of a state fiscal year does not
revert to the state general fund. If the total amount in the fund
exceeds five hundred thousand dollars ($500,000) at the end of a
state fiscal year after payment of all claims and expenses, the amount
that exceeds five hundred thousand dollars ($500,000) reverts to the
state general fund.
(e) Money in the fund is continually appropriated for use by the
attorney general and the licensing agency to administer and enforce
the provisions of this article and to conduct investigations and take
enforcement action against persons violating the provisions of this
article.
As added by P.L.194-2005, SEC.84. Amended by P.L.177-2006,
SEC.9.