North Dakota Administrative Code Title 28 - Engineers and Land Surveyors, Board of Registration for Professional
📘 Overview of NDAC Title 28 – Board of Registration for Professional Engineers and Land Surveyors
The North Dakota State Board of Registration for Professional Engineers and Land Surveyors (commonly referred to as “the Board”) is tasked with enforcing laws and rules to ensure that engineering and land surveying services are performed competently, ethically, and legally within the state.
NDAC Title 28 implements the provisions of the North Dakota Century Code (NDCC) Chapter 43-19.1, which is the statutory authority behind licensure of engineers and land surveyors.
🔑 Key Components of NDAC Title 28
NDAC Title 28 lays out specific administrative rules across several areas:
1. Licensure Requirements and Qualifications
This section includes:
Education: Applicants must graduate from an ABET-accredited engineering program or an approved land surveying curriculum.
Experience: Candidates must complete a specified number of years (usually 4 years) of progressive engineering or surveying experience under the supervision of a licensed professional.
Examinations:
FE (Fundamentals of Engineering)
PE (Principles and Practice of Engineering)
FS (Fundamentals of Surveying)
PS (Principles and Practice of Surveying)
The Board may also evaluate comity applications (licensure by reciprocity).
2. Code of Ethics and Professional Conduct
Professionals are expected to:
Act in a manner that protects public health, safety, and welfare.
Avoid conflicts of interest.
Only practice in areas where they are competent.
Seal only their own work.
Maintain confidentiality of client information unless disclosure is legally required.
Violations may result in disciplinary action.
3. Use of Seals and Titles
Licensed engineers and land surveyors must use a professional seal on documents they prepare or directly supervise.
The seal must not be used fraudulently or on work not personally performed or supervised.
Only licensed individuals may use the titles “Professional Engineer” or “Professional Land Surveyor.”
4. Continuing Education Requirements
Professionals must complete continuing professional competency (CPC) hours annually (usually around 30 hours per biennium).
Ethics training is often required.
Documentation must be maintained and provided upon request during audits.
5. Disciplinary Procedures and Enforcement
The Board has authority to investigate complaints, hold hearings, and impose penalties.
Disciplinary actions may include:
Revocation or suspension of license
Fines
Probation
Public reprimand
6. Exemptions and Exceptions
Certain government employees or those working under supervision may be exempt under specific conditions—but only to a limited extent.
⚖️ Case Law Related to NDAC Title 28
🔹 Case Example 1: In re Disciplinary Action Against “Engineer A” (Fictionalized Summary Based on Common Scenarios)
Facts:
An engineer submitted structural plans for a commercial building that later failed inspection due to serious design flaws. The engineer had signed and sealed the plans but had delegated the design to an unlicensed intern without proper review.
Issue:
Did the engineer violate professional responsibility rules under NDAC Title 28?
Board Ruling:
Yes. The Board determined that the engineer failed to directly supervise the work and improperly sealed documents not personally verified.
Outcome:
6-month license suspension
Mandatory ethics course
$1,000 administrative fine
Legal Principle:
Sealing work not personally completed or supervised violates NDAC 28-03.1-01-12, which governs seal misuse and professional conduct.
🔹 Case Example 2: John Doe, P.E. v. ND Board of Registration (Hypothetical Judicial Review)
Facts:
John Doe was denied licensure by comity (reciprocity) because he had not completed an ABET-accredited program, though he had 25 years of experience and was licensed in another state.
Issue:
Was the Board's denial arbitrary or capricious?
Court Ruling:
The court upheld the Board’s decision, noting that administrative rules under NDAC Title 28 clearly require an ABET-accredited degree unless a waiver is granted. No waiver was requested in this case.
Legal Principle:
Boards have discretion to enforce minimum standards and courts will defer to their interpretation unless clearly unreasonable (Chevron deference principle applied in administrative law).
🔹 Case Example 3: Violation of Continuing Education Rules
Facts:
A land surveyor failed to meet the continuing education requirement but falsely certified compliance on the license renewal application.
Board Action:
License suspended for 3 months
Ordered to complete double the missing CPC hours
Public reprimand published in the Board newsletter
Legal Principle:
Under NDAC 28-04-01-05, falsely certifying compliance with continuing education requirements is grounds for disciplinary action.
✅ Summary
| Category | NDAC Title 28 Provisions |
|---|---|
| Licensure | Education, experience, and exams (FE, PE, FS, PS) |
| Ethics | Mandatory adherence to ethical rules (conflict of interest, confidentiality, competence) |
| Sealing | Only the licensee may seal work they directly supervise |
| Continuing Education | Required to maintain licensure; subject to audit |
| Discipline | Includes suspension, revocation, fines, and reprimands |
| Legal Oversight | Courts usually defer to the Board unless rules are applied arbitrarily |
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