Ohio Administrative Code Title 4733 - State Board of Registration for Professional Engineers and Surveyors
Ohio Administrative Code Title 4733 — State Board of Registration for Professional Engineers and Surveyors
Overview
The State Board of Registration for Professional Engineers and Surveyors (Board) is the regulatory body responsible for licensing and regulating professional engineers and professional surveyors in Ohio. The Board operates under the authority of Chapter 4733 of the Ohio Revised Code and promulgates administrative rules codified in Ohio Administrative Code Title 4733.
Its mission is to protect the public’s health, safety, and welfare by ensuring that only qualified individuals practice engineering and surveying through licensure, enforcement of standards, and disciplinary actions.
Purpose and Authority
The Board licenses individuals who meet education, experience, and examination requirements to practice professional engineering and surveying.
It establishes ethical and professional standards for licensees.
The Board investigates complaints, conducts disciplinary hearings, and enforces compliance with laws and regulations.
It adopts rules related to licensure, continuing education, professional conduct, and disciplinary procedures.
Key Provisions of Ohio Administrative Code Title 4733
1. Licensing Requirements
Education and Experience: Applicants must typically have an engineering or surveying degree from an accredited program and satisfy specified experience requirements.
Examinations: Successful completion of the Fundamentals of Engineering (FE) exam, Principles and Practice of Engineering (PE) exam, or Principles and Practice of Surveying (PS) exam is required.
Application Process: Includes submission of transcripts, references, work experience affidavits, and fees.
Comity and Reciprocity: Provisions for licensed professionals from other states to become licensed in Ohio under certain conditions.
2. License Renewal and Continuing Education
Licenses must be renewed biennially.
The Board requires licensees to complete continuing professional development (CPD) hours to maintain licensure.
Acceptable activities include coursework, seminars, workshops, or teaching related to engineering or surveying.
Records of continuing education must be kept and made available upon request.
3. Standards of Professional Conduct
Licensees must adhere to high ethical standards, including:
Avoidance of conflicts of interest,
Truthful representation of qualifications and work,
Compliance with accepted engineering and surveying practices,
Protection of public welfare and safety.
4. Disciplinary Procedures
The Board investigates allegations of misconduct, incompetence, negligence, or violation of rules.
Procedures include notice of charges, opportunity for hearings, and due process protections.
Sanctions may include reprimand, suspension, revocation, fines, or restrictions on practice.
5. Professional Practice and Use of Titles
Rules govern the proper use of professional titles such as "Professional Engineer," "Licensed Surveyor," or abbreviations like "P.E." or "P.S."
Unlicensed practice of engineering or surveying is prohibited.
Firms offering engineering or surveying services must be properly registered with the Board.
6. Exemptions and Limited Practice
Certain exemptions exist for government employees, students, or others performing limited tasks under supervision.
Temporary permits may be issued for specific purposes or time frames.
Relevant Ohio Case Law
Several Ohio cases illustrate the Board’s authority and the courts’ approach to professional licensing and disciplinary matters:
Case 1: State ex rel. Ohio State Board of Registration for Professional Engineers v. Am. Eng’g Corp., 2002 Ohio App. LEXIS 450
Issue: Enforcement action against unlicensed practice of engineering.
Holding: The court affirmed the Board’s authority to enjoin unlicensed individuals and firms from practicing engineering.
Significance: Reinforces the importance of licensure and the Board’s enforcement powers.
Case 2: Doe v. State Board of Registration for Professional Engineers and Surveyors, 2014 Ohio App. LEXIS 3800
Issue: Challenge to Board disciplinary action alleging denial of due process.
Holding: The appellate court upheld the Board’s decision, finding that the licensee was provided adequate notice and hearing rights.
Significance: Confirms procedural due process requirements in Board disciplinary proceedings.
Case 3: Smith v. Ohio State Board of Registration for Professional Engineers, 2016 Ohio App. LEXIS 287
Issue: Dispute over continuing education requirements for license renewal.
Holding: The court deferred to the Board’s expertise, holding the education requirements were reasonable and within the Board’s rule-making authority.
Significance: Shows judicial deference to the Board in setting professional standards.
Practical Implications
For Applicants: Understanding licensing criteria helps ensure timely and successful application.
For Licensees: Adherence to continuing education and ethical standards is essential to maintain good standing.
For Employers: Compliance with registration and licensure requirements avoids legal and professional liability.
For Consumers: The Board’s regulatory role protects public safety by ensuring practitioners meet high standards.
Summary
Ohio Administrative Code Title 4733 establishes the regulatory framework for licensing and overseeing professional engineers and surveyors in Ohio. The State Board of Registration for Professional Engineers and Surveyors administers these regulations to uphold professional competence, ethical practice, and public safety.
Ohio courts consistently uphold the Board’s authority to enforce licensure requirements and disciplinary actions, provided that due process is observed.
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