Subchapter 23. Violations
245:15-23-1. Prima facie evidence
- (a) A person, firm, or entity shall be construed to practice or offer to practice engineering or land surveying, who does any of the following:
- (1) practices any branch of the professions the Board regulates, or
- (2) by display or verbal claim, sign, advertisement, contract, card or other printed, engraved, or written instrument or device, bearing a person's, firm's, or entity's name or in any other way represents to be an Engineer, Professional Engineer, Land Surveyor, or Professional Land Surveyor or a firm providing or having the qualifications to provide engineering or land surveying services, or
- (3) through the use of some other title implies that the person, firm, or entity is an Engineer, Professional Engineer, Land Surveyor, or Professional Land Surveyor or a firm providing engineering or land surveying services, or
- (4) holds himself/herself or itself out as having the qualifications to, is able to, or who does contract, offer or perform any engineering or land surveying service.
- (b) The following actions shall not be violations under 59 O.S. 475.1 et seq. and the Rules of the Board:
- (1) Advertising in national publications or electronic media, provided there is no offering of professional services in jurisdictions where not licensed
- (2) Responding to letters of inquiry regarding requests for proposals, provided there is written disclosure that the engineer/surveyor and firm are not licensed in this jurisdiction and the response is limited to inquiries regarding the scope of project and to demonstrate interest
- (3) Responding to letters of inquiry from prospective clients, provided there is written disclosure that the engineer/surveyor and firm are not licensed in this jurisdiction and the response is limited to inquiries regarding scope of project and to demonstrate interest
- (4) Using the title/designation "Professional Engineer", "Engineer", "P.E.", "Professional Structural Engineer", "P.E., S.E.", "S.E.", "Professional Land Surveyor", "Land Surveyor", "P.S." , "L.S." or "P.L.S." or the like on letterheads, or business cards from an office in the jurisdiction where licensure is held.
- (c) Regardless of the above, proposals may not be submitted, contracts signed, or work commenced until the engineer, surveyor and firm become licensed in Oklahoma.
- (d) Any violation of such action noted by this Section shall be sufficient to justify an injunction or any other order or a conviction without evidence of a general course of conduct. The Board shall determine if other legal procedures and penalties are necessary and shall have the power to proceed with any and all legal procedures in addition to the injunction or other such orders issued.
245:15-23-2. Grounds for violations and penalties – Conduct
- (a) Knowledge of Rules. All persons licensed under the provisions of the act are charged with having knowledge of these Rules which are made known in writing to every licensee and applicant for licensure.
- (b) Convictions. A licensee of this Board who has been fined, received a reprimand, voluntarily surrendered a license in order to avoid disciplinary action, had a license revoked, suspended or denied in another jurisdiction for reasons or causes which the Board finds would constitute a violation of the law governing the practice of engineering or surveying in this jurisdiction or any rule or regulation promulgated by the Board may be cause for levying a fine, reprimanding the licensee, denying, revoking, or suspending a license to practice engineering or surveying by the licensee in this jurisdiction.
- (c) Non-payment of fines or penalties or violation of any order approved by the Board may result in disciplinary action against the holder of the Certificate of Licensure or Certificate of Authorization.
Last Modified on
Oct 17, 2024
