864 IAC 1.1 — ARTICLE 1.1. ADMINISTRATION; GENERAL REQUIREMENTS

TITLE 864 STATE BOARD OF REGISTRATION FOR PROFESSIONAL ENGINEERS

ARTICLE 1.1. ADMINISTRATION; GENERAL REQUIREMENTS

Rule 1

864 IAC 1.1-1-1 864 IAC 1.1-1-1 Definitions; abbreviations

Rule 1. General Provisions

864 IAC 1.1-1-1 Definitions; abbreviations

Authority: IC 25-31-1-7; IC 25-31-1-8

Affected: IC 25-31-1-2; IC 25-31-1-21

Sec. 1. (a) The following definitions apply throughout this title:

(1) "Act" means the Registration Act, IC 25-31, creating a board to regulate the practice of engineering in Indiana.

(2) "Engineer" means professional engineer as defined in IC 25-31-1-2(b).

(3) "Registrant" means an individual engineer to whom a certificate of registration has been granted under the Act.

(4) "EI" means an engineering intern as defined in IC 25-31-1-2(c).

(5) "Applicant" means any individual whose application has been received by the board for consideration to be registered as an engineer or enrollment as an EI in the state of Indiana.

(6) "EAC ABET" means the Engineering Accreditation Commission of the Accreditation Board for Engineering and Technology.

(7) "Approved engineering curriculum" means an EAC ABET accredited baccalaureate degree engineering program, or a master's or doctoral degree engineering program in an engineering discipline from a school that had an EAC ABET accredited baccalaureate degree engineering program in that discipline at the time the degree was awarded.

(8) "The date of registration" means the date that licensure was approved by the board.

(9) "Comity" means a principle by which the board licenses persons to practice engineering under IC 25-31-1-21 on the basis of engineering licenses issued by other states.

(b) The terms defined in IC 25-31-1-2 have the same meaning when used in this title.

(State Board of Registration for Professional Engineers; Rule 1, Sec 1; filed Feb 29, 1980, 3:40 p.m.: 3 IR 626; filed Oct 17, 1986, 2:20 p.m.: 10 IR 434; filed Jun 21, 1988, 4:00 p.m.: 11 IR 3904; filed Sep 24, 1992, 9:00 a.m.: 16 IR 725; filed Mar 28, 1995, 2:00 p.m.: 18 IR 2103; readopted filed Jun 21, 2001, 9:01 a.m.: 24 IR 3824; readopted filed Jul 19, 2007, 12:56 p.m.: 20070808-IR-864070063RFA; readopted filed Jul 29, 2013, 1:25 p.m.: 20130828-IR-864130228RFA; readopted filed Nov 22, 2016, 12:27 p.m.: 20161221-IR-864160321RFA; filed Dec 1, 2017, 10:32 a.m.: 20171227-IR-864150451FRA; readopted filed Oct 18, 2023, 8:45 a.m.: 20231115-IR-864230103RFA; readopted filed May 30, 2024, 9:44 a.m.: 20240626-IR-864230822RFA; filed Feb 9, 2026, 4:40 p.m.: 20260311-IR-864250478FRA)

864 IAC 1.1-1-2 864 IAC 1.1-1-2 Seal of board (Repealed)

864 IAC 1.1-1-2 Seal of board (Repealed)

(Repealed by State Board of Registration for Professional Engineers; filed Oct 17, 1986, 2:20 pm: 10 IR 443)

864 IAC 1.1-1-3 864 IAC 1.1-1-3 Meetings of board

864 IAC 1.1-1-3 Meetings of board

Authority: IC 25-31-1-5; IC 25-31-1-7; IC 25-31-1-8

Affected: IC 25-31-1-5

Sec. 3. In order to establish the regular meetings provided for in IC 25-31-1-5 and provide for special meetings of the board, the board adopts the following:

(1) one of the regular meetings of the board shall be held as soon as practicable after the start of the calendar year, at which meeting the board shall elect a chairman and a vice-chairman from among its members. Such officers may be elected also at any other meeting when a vacancy exists;

(2) another regular meeting shall be held as near as practicable to the middle of the calendar year;

(3) the chairman or any three members may call a special meeting by presenting a request to the professional licensing agency;

(4) the professional licensing agency shall give a notice to all board members of each meeting setting out the time and place of the meeting and including a proposed agenda of the major items for action at the meeting, not less than ten days prior to the meeting, unless such notice has been waived by the chairman.

(State Board of Registration for Professional Engineers; Rule 1, Sec 3; filed Feb 29, 1980, 3:40 pm: 3 IR 627; filed Oct 17, 1986, 2:20 pm: 10 IR 435; readopted filed Jun 21, 2001, 9:01 a.m.: 24 IR 3824; readopted filed Jul 19, 2007, 12:56 p.m.: 20070808-IR-864070063RFA; readopted filed Jul 29, 2013, 1:25 p.m.: 20130828-IR-864130228RFA; readopted filed Nov 22, 2016, 12:27 p.m.: 20161221-IR-864160321RFA; readopted filed Jul 20, 2022, 8:12 a.m.: 20220817-IR-864220189RFA; readopted filed May 30, 2024, 9:44 a.m.: 20240626-IR-864230822RFA)

864 IAC 1.1-1-4 864 IAC 1.1-1-4 Conversion of quarter hours to semester hours

864 IAC 1.1-1-4 Conversion of quarter hours to semester hours

Authority: IC 25-31-1-7; IC 25-31-1-8

Affected: IC 25-31-1-12; IC 25-31-1-14

Sec. 4. Any provision in this article which requires a specific number of semester credit hours shall be converted to the equivalent if a different grading period is used at the college or university. Unless it is established that a different equivalency applies, it shall be presumed that the correct equivalency is two (2) semester hours for every three (3) quarter hours.

(State Board of Registration for Professional Engineers; 864 IAC 1.1-1-4; filed Mar 28, 1995, 2:00 p.m.: 18 IR 2103; readopted filed Jun 21, 2001, 9:01 a.m.: 24 IR 3824; readopted filed Jul 19, 2007, 12:56 p.m.: 20070808-IR-864070063RFA; readopted filed Jul 29, 2013, 1:25 p.m.: 20130828-IR-864130228RFA; readopted filed Nov 22, 2016, 12:27 p.m.: 20161221-IR-864160321RFA; readopted filed Jul 20, 2022, 8:12 a.m.: 20220817-IR-864220189RFA; readopted filed May 30, 2024, 9:44 a.m.: 20240626-IR-864230822RFA)

Rule 2

864 IAC 1.1-2-1 864 IAC 1.1-2-1 Examination admission criteria (Repealed)

Rule 2. Qualifications for Examination

864 IAC 1.1-2-1 Examination admission criteria (Repealed)

(Repealed by State Board of Registration for Professional Engineers; filed Oct 17, 1986, 2:20 pm: 10 IR 443)

864 IAC 1.1-2-2 864 IAC 1.1-2-2 Engineers; education and work experience (Repealed)

864 IAC 1.1-2-2 Engineers; education and work experience (Repealed)

(Repealed by State Board of Registration for Professional Engineers; filed Dec 1, 2017, 10:32 a.m.: 20171227-IR-864150451FRA)

864 IAC 1.1-2-3 864 IAC 1.1-2-3 Land surveyors; education and work experience (Vacated)

864 IAC 1.1-2-3 Land surveyors; education and work experience (Vacated)

(NOTE: 864 IAC 1.1-2-3 was renumbered by Legislative Services Agency as 865 IAC 1-2-1.; readopted filed May 30, 2024, 9:44 a.m.: 20240626-IR-864230822RFA)

864 IAC 1.1-2-4 864 IAC 1.1-2-4 Engineering intern; education and work experience (Repealed)

864 IAC 1.1-2-4 Engineering intern; education and work experience (Repealed)

(Repealed by State Board of Registration for Professional Engineers; filed Dec 1, 2017, 10:32 a.m.: 20171227-IR-864150451FRA)

864 IAC 1.1-2-5 864 IAC 1.1-2-5 Land surveyors-in-training; education and work experience (Vacated)

864 IAC 1.1-2-5 Land surveyors-in-training; education and work experience (Vacated)

(NOTE: 864 IAC 1.1-2-5 was renumbered by Legislative Services Agency as 865 IAC 1-2-2.; readopted filed May 30, 2024, 9:44 a.m.: 20240626-IR-864230822RFA)

864 IAC 1.1-2-6 864 IAC 1.1-2-6 Dual registration; work experience (Repealed)

864 IAC 1.1-2-6 Dual registration; work experience (Repealed)

(Repealed by State Board of Registration for Professional Engineers; filed Oct 17, 1986, 2:20 pm: 10 IR 443)

Rule 2.1

864 IAC 1.1-2.1-1 864 IAC 1.1-2.1-1 Scope of rule

Rule 2.1. Engineers; Education and Work Experience

864 IAC 1.1-2.1-1 Scope of rule

Authority: IC 25-31-1-7; IC 25-31-1-8

Affected: IC 25-31-1-12

Sec. 1. This rule establishes the educational and experience requirements for certification as an engineering intern and registration as a professional engineer.

(State Board of Registration for Professional Engineers; 864 IAC 1.1-2.1-1; filed Dec 1, 2017, 10:32 a.m.: 20171227-IR-864150451FRA; readopted filed Oct 18, 2023, 8:45 a.m.: 20231115-IR-864230103RFA)

864 IAC 1.1-2.1-2 864 IAC 1.1-2.1-2 Definitions

864 IAC 1.1-2.1-2 Definitions

Authority: IC 25-31-1-7; IC 25-31-1-8

Affected: IC 25-31-1-12

Sec. 2. The following definitions apply throughout this rule:

(1) "Basic sciences" means life sciences and physical sciences.

(2) "Engineering design" means the process by which the basic sciences, mathematics, and engineering sciences are applied to convert resources optimally to meet these stated needs. For a course to qualify as an engineering design course, the course must instruct on the decision making process in which the basic sciences and mathematics and engineering sciences are applied to convert resources optimally to meet a stated objective. Among the fundamental elements of the design process are the establishment of objectives and criteria, synthesis, analysis, construction, testing, and evaluation. The content of an engineering design course must include some of the following features:

(A) Development of student creativity.

(B) Use of open-ended problems.

(C) Development and use of modern design theory and methodology.

(D) Formulation of design problems statements and specifications.

(E) Consideration of alternative solutions feasibility considerations, production processes, concurrent engineering design, and detailed system descriptions.

(F) Involvement of a variety of realistic constraints, such as economic factors, safety, reliability, aesthetics, ethics, and social impact.

(3) "Engineering sciences" means sciences that carry basic science knowledge further toward creative application and include the following:

(A) Acoustics.

(B) Air pollution.

(C) Bioprocess and biochemical engineering.

(D) Digital logic.

(E) Dynamics.

(F) Efficient energy utilization.

(G) Environmental studies.

(H) Fluid mechanics.

(I) Heat transfer.

(J) Hydraulics.

(K) Hydrology.

(L) Mechanics of materials.

(M) Plant and food biotechnology.

(N) Renewable energy sources.

(O) Soil mechanics.

(P) Statics.

(Q) Thermodynamics.

(R) Water pollution.

(4) "Life sciences" means sciences that involve the scientific study of living organisms such as plants, animals, and human beings and include the following:

(A) Biology.

(B) Botany.

(C) Ecology.

(D) Genetics.

(5) "Physical sciences" means sciences that involve the study of nonliving systems and include the following:

(A) Chemistry.

(B) Earth science.

(C) Physics.

(State Board of Registration for Professional Engineers; 864 IAC 1.1-2.1-2; filed Dec 1, 2017, 10:32 a.m.: 20171227-IR-864150451FRA; readopted filed Oct 18, 2023, 8:45 a.m.: 20231115-IR-864230103RFA)

864 IAC 1.1-2.1-3 864 IAC 1.1-2.1-3 Education and work experience

864 IAC 1.1-2.1-3 Education and work experience

Authority: IC 25-31-1-7; IC 25-31-1-8

Affected: IC 25-31-1-12

Sec. 3. (a) This section and sections 4 and 5 of this rule establish the minimum education and experience requirements under IC 25-31-1-12 for registration as a professional engineer. An applicant shall either have a degree in an approved engineering curriculum or satisfy the requirements of section 4 of this rule to qualify for registration under IC 25-31-1-12.

(b) The following table establishes provisions for evaluating combined education and experience to determine if it is sufficient to satisfy the minimum registration requirements under IC 25-31-1-12 for professional engineer registration applicants holding the stated degrees:

(c) No degree requirement under this section may be achieved by obtaining an honorary degree.

(d) Notwithstanding the other provisions of this section and section 4 of this rule, an applicant who holds a valid certificate as an engineering intern does not need any additional education beyond that which was required for certification as an engineering intern in Indiana, when an applicant first takes the engineering intern (fundamentals of engineering) examination, so long as the applicant passes the professional engineer examination not later than the date that is ten (10) years after the date the applicant took and passed the engineering intern examination.

(State Board of Registration for Professional Engineers; 864 IAC 1.1-2.1-3; filed Dec 1, 2017, 10:32 a.m.: 20171227-IR-864150451FRA; readopted filed Oct 18, 2023, 8:45 a.m.: 20231115-IR-864230103RFA; filed Feb 9, 2026, 4:40 p.m.: 20260311-IR-864250478FRA)

864 IAC 1.1-2.1-4 864 IAC 1.1-2.1-4 Degree in other than approved engineering curriculum

864 IAC 1.1-2.1-4 Degree in other than approved engineering curriculum

Authority: IC 25-31-1-7; IC 25-31-1-8

Affected: IC 25-31-1-12

Sec. 4. (a) The education of all applicants, except those who have obtained a baccalaureate, master's, or doctoral degree in an approved engineering curriculum, must include the following:

(1) At least thirty (30) semester credit hours in mathematics and science, including the following:

(A) A core mathematics component, with at least twelve (12) semester credit hours in college level mathematics, excluding college algebra and trigonometry, which must include at least six (6) semester credit hours of calculus and six (6) semester hours of mathematics, including the following:

(i) Advanced calculus.

(ii) Combinatronics.

(iii) Differential equations.

(iv) Linear algebra.

(v) Numerical analysis.

(vi) Probability.

(vii) Signal processing.

(viii) Statistics.

(ix) Stochastics.

(x) Topology.

Courses outside the core mathematics component may include others listed in this clause and can include college algebra and trigonometry.

(B) A core science component, with at least twelve (12) semester credit hours in basic sciences appropriate to the discipline. At least six (6) semester credit hours of basic sciences must be in physical sciences, with at least one (1) mathematics course from the core mathematics component as a prerequisite or corequisite.

(2) At least thirty (30) semester credit hours of engineering topics appropriate to the student's field of study, including the following:

(A) A core engineering science component of at least twelve (12) semester credit hours of engineering topics in engineering sciences, and have at least one (1) courses [sic, course] from the core mathematics component or core science component as prerequisites or corequisites.

(B) At least twelve (12) semester credit hours in engineering design.

(C) Six (6) semester credit hours that include additional courses in the topics described in clauses (A) and (B), or other engineering topics courses, including the following:

(i) Contracts specifications.

(ii) Cost estimating.

(iii) Engineering ethics.

(iv) Engineering leadership.

(v) Information management systems.

(vi) Legal issues.

(vii) Professional licensure.

(viii) Project management.

(ix) Workplace safety.

(b) College courses with substantial duplication of content may be counted only one (1) time toward the requirements of subsection (a).

(c) College courses that cover at least two (2) categories in subsection (a) are counted only in one (1) category. The appropriate category is that which is the greatest portion of the course. In determining the greatest portion of the course, the board may take into account information from the institution offering the course.

(State Board of Registration for Professional Engineers; 864 IAC 1.1-2.1-4; filed Dec 1, 2017, 10:32 a.m.: 20171227-IR-864150451FRA; readopted filed Oct 18, 2023, 8:45 a.m.: 20231115-IR-864230103RFA; filed Feb 9, 2026, 4:40 p.m.: 20260311-IR-864250478FRA)

864 IAC 1.1-2.1-5 864 IAC 1.1-2.1-5 Experience requirements

864 IAC 1.1-2.1-5 Experience requirements

Authority: IC 25-31-1-7; IC 25-31-1-9

Affected: IC 25-31-1-12

Sec. 5. (a) Progressive experience of sufficient quality when used relative to the requirement for experience on engineering projects as provided for in IC 25-31-1-12(a) means the applicant has demonstrated the ability to assume continuously increasing levels of responsibility for engineering projects.

(b) No experience obtained prior to a baccalaureate degree shall qualify.

(c) Part-time experience acquired while the applicant was a full-time student shall not qualify. All other part-time experience shall be converted to its full-time equivalent in evaluating the application.

(State Board of Registration for Professional Engineers; 864 IAC 1.1-2.1-5; filed Dec 1, 2017, 10:32 a.m.: 20171227-IR-864150451FRA; readopted filed Oct 18, 2023, 8:45 a.m.: 20231115-IR-864230103RFA)

864 IAC 1.1-2.1-6 864 IAC 1.1-2.1-6 Engineering intern; education and work experience

864 IAC 1.1-2.1-6 Engineering intern; education and work experience

Authority: IC 25-31-1-7; IC 25-31-1-8

Affected: IC 25-31-1-12

Sec. 6. (a) This section establishes the minimum education and experience requirements under IC 25-31-1-12 for certification as an engineering intern.

(b) The education and experience requirements of sections 3 through 5 of this rule for professional engineer applicants apply for engineering intern applicants, but individuals with:

(1) a baccalaureate degree meeting the course requirements of section 4 of this rule shall only be required to obtain two (2) years of work experience;

(2) a Master of Science degree in an engineering discipline from a school without an approved engineering curriculum following a baccalaureate degree that is not in an approved engineering curriculum shall only be required to obtain one (1) year of work experience; and

(3) the other degrees listed in section 3 of this rule shall not be required to obtain any work experience.

(State Board of Registration for Professional Engineers; 864 IAC 1.1-2.1-6; filed Dec 1, 2017, 10:32 a.m.: 20171227-IR-864150451FRA; readopted filed Oct 18, 2023, 8:45 a.m.: 20231115-IR-864230103RFA; filed Feb 9, 2026, 4:40 p.m.: 20260311-IR-864250478FRA)

864 IAC 1.1-2.1-7 864 IAC 1.1-2.1-7 Transcripts

864 IAC 1.1-2.1-7 Transcripts

Authority: IC 25-31-1-7; IC 25-31-1-8

Affected: IC 25-31-1-12

Sec. 7. To show compliance with the educational requirements, an applicant must meet the applicable requirements of subdivision (1) or (2) as follows:

(1) An applicant who has obtained a baccalaureate, master's, or doctoral degree in an approved engineering curriculum must include with the application the college transcripts for each degree awarded.

(2) An applicant who has not obtained a baccalaureate, master's, or doctoral degree from an approved engineering curriculum must:

(A) include in the application, or a document attached to the application, which courses meet the requirements of section 4(a) of this rule by stating the institution where the course was attended and course names and numbers and prerequisites or corequisites if required by section 4(a) of this rule; and

(B) submit all college transcripts that show that college credit was awarded for the claimed courses. If the original transcripts are not in English or the definition of credits is different from those used in an approved engineering curriculum, then an evaluation of transcripts must be provided by an agency or organization approved by the board that states that the coursework meets the requirements of section 4(a) of this rule.

(State Board of Registration for Professional Engineers; 864 IAC 1.1-2.1-7; filed Dec 1, 2017, 10:32 a.m.: 20171227-IR-864150451FRA; readopted filed Oct 18, 2023, 8:45 a.m.: 20231115-IR-864230103RFA)

Rule 3

864 IAC 1.1-3-1 864 IAC 1.1-3-1 Uniform application requirements (Repealed)

Rule 3. Applications

864 IAC 1.1-3-1 Uniform application requirements (Repealed)

(Repealed by State Board of Registration for Professional Engineers; filed Oct 17, 1986, 2:20 pm: 10 IR 443)

864 IAC 1.1-3-2 864 IAC 1.1-3-2 Engineer application

864 IAC 1.1-3-2 Engineer application

Authority: IC 25-31-1-7; IC 25-31-1-8

Affected: IC 25-31-1-13; IC 25-31-1-14

Sec. 2. (a) The board shall require at least three (3) favorable reports of the engineering applicant's competence from registered professional engineers familiar with the applicant's engineering work before registering an applicant as a professional engineer in Indiana, whether through examination or accepting the applicant for registration by comity in engineering.

(b) An applicant shall be exempt from taking the fundamentals of engineering portion of the professional engineer examination if the applicant has previously passed the fundamentals of engineering portion of the examination in another state.

(State Board of Registration for Professional Engineers; Rule 3, Sec 2; filed Feb 29, 1980, 3:40 p.m.: 3 IR 629; filed Oct 17, 1986, 2:20 p.m.: 10 IR 439; filed Sep 24, 1992, 9:00 a.m.: 16 IR 727; filed Mar 28, 1995, 2:00 p.m.: 18 IR 2105; readopted filed Jun 21, 2001, 9:01 a.m.: 24 IR 3824; readopted filed Jul 19, 2007, 12:56 p.m.: 20070808-IR-864070063RFA; readopted filed Jul 29, 2013, 1:25 p.m.: 20130828-IR-864130228RFA; filed Nov 15, 2013, 2:51 p.m.: 20131211-IR-864130333FRA, eff Jan 1, 2014; readopted filed Nov 22, 2016, 12:27 p.m.: 20161221-IR-864160321RFA; readopted filed Jul 20, 2022, 8:12 a.m.: 20220817-IR-864220189RFA; readopted filed May 30, 2024, 9:44 a.m.: 20240626-IR-864230822RFA; filed Feb 9, 2026, 4:40 p.m.: 20260311-IR-864250478FRA)

864 IAC 1.1-3-3 864 IAC 1.1-3-3 Engineering intern application

864 IAC 1.1-3-3 Engineering intern application

Authority: IC 25-31-1-7; IC 25-31-1-8

Affected: IC 25-31-1-13

Sec. 3. An applicant for engineering intern certification shall apply to the board. As provided for by 864 IAC 1.1-4.1-2(b), an application is required only for the engineering intern certification and not for admission to the engineering intern (fundamentals of engineering) examination.

(State Board of Registration for Professional Engineers; Rule 3, Sec 3; filed Feb 29, 1980, 3:40 p.m.: 3 IR 630; filed Oct 17, 1986, 2:20 p.m.: 10 IR 439; filed Sep 24, 1992, 9:00 a.m.: 16 IR 727; filed Mar 28, 1995, 2:00 p.m.: 18 IR 2105; readopted filed Jun 21, 2001, 9:01 a.m.: 24 IR 3824; readopted filed Jul 19, 2007, 12:56 p.m.: 20070808-IR-864070063RFA; readopted filed Jul 29, 2013, 1:25 p.m.: 20130828-IR-864130228RFA; filed Nov 15, 2013, 2:51 p.m.: 20131211-IR-864130333FRA, eff Jan 1, 2014; readopted filed Nov 22, 2016, 12:27 p.m.: 20161221-IR-864160321RFA; readopted filed Jul 20, 2022, 8:12 a.m.: 20220817-IR-864220189RFA; readopted filed May 30, 2024, 9:44 a.m.: 20240626-IR-864230822RFA)

864 IAC 1.1-3-4 864 IAC 1.1-3-4 Examination applicants filing dates (Repealed)

864 IAC 1.1-3-4 Examination applicants filing dates (Repealed)

(Repealed by State Board of Registration for Professional Engineers; filed Feb 9, 2026, 4:40 p.m. 20260311-IR-864250478FRA)

864 IAC 1.1-4 Rule 4. Examinations (Repealed)

Rule 4. Examinations (Repealed)

(Repealed by State Board of Registration for Professional Engineers; filed Jun 21, 1988, 4:00 pm: 11 IR 3908)

Rule 4.1

864 IAC 1.1-4.1-1 864 IAC 1.1-4.1-1 Scope of rule

Rule 4.1. Examinations

864 IAC 1.1-4.1-1 Scope of rule

Authority: IC 25-31-1-7

Affected: IC 25-31-1-14

Sec. 1. This rule applies to the taking of examinations for registration as a professional engineer and certification as an engineering intern.

(State Board of Registration for Professional Engineers; 864 IAC 1.1-4.1-1; filed Jun 21, 1988, 4:00 p.m.: 11 IR 3905; filed Sep 24, 1992, 9:00 a.m.: 16 IR 727; filed Mar 28, 1995, 2:00 p.m.: 18 IR 2106; readopted filed Jun 21, 2001, 9:01 a.m.: 24 IR 3824; readopted filed Jul 19, 2007, 12:56 p.m.: 20070808-IR-864070063RFA; readopted filed Jul 29, 2013, 1:25 p.m.: 20130828-IR-864130228RFA; filed Nov 15, 2013, 2:51 p.m.: 20131211-IR-864130333FRA, eff Jan 1, 2014; readopted filed Nov 22, 2016, 12:27 p.m.: 20161221-IR-864160321RFA; readopted filed Jul 20, 2022, 8:12 a.m.: 20220817-IR-864220189RFA; readopted filed May 30, 2024, 9:44 a.m.: 20240626-IR-864230822RFA)

864 IAC 1.1-4.1-2 864 IAC 1.1-4.1-2 Admission to examinations

864 IAC 1.1-4.1-2 Admission to examinations

Authority: IC 25-31-1-7

Affected: IC 25-31-1-12; IC 25-31-1-14

Sec. 2. (a) Except for an applicant who has not passed the fundamentals of engineering examination before applying for admission to the professional engineer examination, an applicant may be admitted to the fundamentals of engineering examination without obtaining approval from the board. Application is only required to the testing service. However, to be certified as an engineering intern, the applicant, after passing the fundamentals of engineering examination, shall subsequently file an application with the board, and to be approved, the applicant shall meet all the engineering intern certification requirements, including meeting the applicable education and experience requirements established in IC 25-31-1-12 and 864 IAC 1.1-2.1.

(b) Except for an applicant who has not passed the fundamentals of engineering examination before applying for admission to the professional engineer examination or does not have a degree in an approved engineering curriculum, an applicant may be admitted to the professional engineer examination by application to the testing service. All other applicants shall apply to the board using the Professional Engineer by Examination application on the Indiana professional licensing agency's website and demonstrate that they meet the requirements of 864 IAC 1.1-2.1-4 before admission to the professional engineer examination.

(c) To be registered as a professional engineer, after passing the fundamentals of engineering examination and professional engineer examination, the applicant shall apply to the board and demonstrate that they meet all the professional engineer registration requirements, including meeting the applicable education requirements established in IC 25-31-1-12 and 864 IAC 1.1-2.1.

(State Board of Registration for Professional Engineers; 864 IAC 1.1-4.1-2; filed Jun 21, 1988, 4:00 p.m.: 11 IR 3905; filed Mar 28, 1995, 2:00 p.m.: 18 IR 2106; filed Apr 23, 1999, 2:03 p.m.: 22 IR 2878, eff Jul 2, 1999; readopted filed Jun 21, 2001, 9:01 a.m.: 24 IR 3824; readopted filed Jul 19, 2007, 12:56 p.m.: 20070808-IR-864070063RFA; readopted filed Jul 29, 2013, 1:25 p.m.: 20130828-IR-864130228RFA; filed Nov 15, 2013, 2:51 p.m.: 20131211-IR-864130333FRA, eff Jan 1, 2014; readopted filed Nov 22, 2016, 12:27 p.m.: 20161221-IR-864160321RFA; filed Dec 1, 2017, 10:32 a.m.: 20171227-IR-864150451FRA; readopted filed Oct 18, 2023, 8:45 a.m.: 20231115-IR-864230103RFA; readopted filed May 30, 2024, 9:44 a.m.: 20240626-IR-864230822RFA; filed Feb 9, 2026, 4:40 p.m.: 20260311-IR-864250478FRA)

864 IAC 1.1-4.1-3 864 IAC 1.1-4.1-3 Content of engineering examinations

864 IAC 1.1-4.1-3 Content of engineering examinations

Authority: IC 25-31-1-7

Affected: IC 25-31-1-14

Sec. 3. (a) The examination for registration as a professional engineer shall consist of three (3) parts. Part I shall be known as the fundamentals of engineering examination. Part II shall be known as the principles and practice examination. Parts I and II are further described in IC 25-31-1-14(a) through IC 25-31-1-14(c). Part III shall concern professional conduct and Indiana registration law for professional engineers. In order to be granted registration as a professional engineer, the applicant must pass Part I, Part II, and Part III.

(b) Part II of the professional engineer examination shall be by engineering discipline, for example, electrical, mechanical, or civil. The applicant shall be required to choose the discipline in which the applicant desires to be examined.

(c) Part III of the professional engineer examination will be a take home examination to be taken in conjunction with Part II.

(d) The examination for certification as an engineering intern shall be the fundamentals of engineering examination described in subsection (a).

(State Board of Registration for Professional Engineers; 864 IAC 1.1-4.1-3; filed Jun 21, 1988, 4:00 p.m.: 11 IR 3906; filed Sep 24, 1992, 9:00 a.m.: 16 IR 727; filed Mar 28, 1995, 2:00 p.m.: 18 IR 2106; readopted filed Jun 21, 2001, 9:01 a.m.: 24 IR 3824; readopted filed Jul 19, 2007, 12:56 p.m.: 20070808-IR-864070063RFA; readopted filed Jul 29, 2013, 1:25 p.m.: 20130828-IR-864130228RFA; filed Nov 15, 2013, 2:51 p.m.: 20131211-IR-864130333FRA, eff Jan 1, 2014; readopted filed Nov 22, 2016, 12:27 p.m.: 20161221-IR-864160321RFA; readopted filed Jul 20, 2022, 8:12 a.m.: 20220817-IR-864220189RFA; readopted filed May 30, 2024, 9:44 a.m.: 20240626-IR-864230822RFA)

864 IAC 1.1-4.1-3.5 864 IAC 1.1-4.1-3.5 Scheduling of examinations

864 IAC 1.1-4.1-3.5 Scheduling of examinations

Authority: IC 25-31-1-7

Affected: IC 25-31-1-14

Sec. 3.5. (a) The fundamentals of engineering examination will be a computer based test that will be given during testing windows each lasting one (1) calendar quarter. An eligible applicant may schedule for the examination at a testing center any time during a testing window as space is available. An applicant may not take the examination more than once in a testing window, or even if readmitted under section 5.5(c) or 8(b) of this rule, more than three (3) times in a twelve (12) month period.

(b) Until it becomes available as a computer based test, a discipline of the principles and practice of engineering examination will be given twice each year, normally in April and October. Disciplines that only get limited participation may only be given once in a given year.

(c) Once it becomes available as a computer based test, a discipline of the principles and practice of engineering examination will be given in the same manner provided for the fundamentals of engineering examination in subsection (a).

(State Board of Registration for Professional Engineers; 864 IAC 1.1-4.1-3.5; filed Nov 15, 2013, 2:51 p.m.: 20131211-IR-864130333FRA, eff Jan 1, 2014; readopted filed Nov 22, 2016, 12:27 p.m.: 20161221-IR-864160321RFA; filed Dec 1, 2017, 10:32 a.m.: 20171227-IR-864150451FRA; readopted filed Oct 18, 2023, 8:45 a.m.: 20231115-IR-864230103RFA; readopted filed May 30, 2024, 9:44 a.m.: 20240626-IR-864230822RFA)

864 IAC 1.1-4.1-4 864 IAC 1.1-4.1-4 Content of land surveying examinations; scheduling of examinations (Vacated)

864 IAC 1.1-4.1-4 Content of land surveying examinations; scheduling of examinations (Vacated)

(NOTE: 864 IAC 1.1-4.1-4 was renumbered by Legislative Services Agency as 865 IAC 1-4-3.; readopted filed May 30, 2024, 9:44 a.m.: 20240626-IR-864230822RFA)

864 IAC 1.1-4.1-5 864 IAC 1.1-4.1-5 Examination requirements

864 IAC 1.1-4.1-5 Examination requirements

Authority: IC 25-31-1-7

Affected: IC 25-31-1-14

Sec. 5. Applicants will be required to take and pass Part II, the principles and practice of engineering examination, and Part III of the examination. Only those applicants who are not certified as an engineering intern or otherwise have not previously passed the fundamentals of engineering examination will be required to take and pass the fundamentals of engineering examination.

(State Board of Registration for Professional Engineers; 864 IAC 1.1-4.1-5; filed Jun 21, 1988, 4:00 p.m.: 11 IR 3906; filed Jul 24, 1989, 5:00 p.m.: 12 IR 2284; filed Nov 15, 1990, 1:35 p.m.: 14 IR 757; filed Mar 28, 1995, 2:00 p.m.: 18 IR 2107; filed Apr 23, 1999, 2:03 p.m.: 22 IR 2879, eff Jul 2, 1999; readopted filed Jun 21, 2001, 9:01 a.m.: 24 IR 3824; readopted filed Jul 19, 2007, 12:56 p.m.: 20070808-IR-864070063RFA; readopted filed Jul 29, 2013, 1:25 p.m.: 20130828-IR-864130228RFA; filed Nov 15, 2013, 2:51 p.m.: 20131211-IR-864130333FRA, eff Jan 1, 2014; readopted filed Nov 22, 2016, 12:27 p.m.: 20161221-IR-864160321RFA; readopted filed Jul 20, 2022, 8:12 a.m.: 20220817-IR-864220189RFA; readopted filed May 30, 2024, 9:44 a.m.: 20240626-IR-864230822RFA; filed Feb 9, 2026, 4:40 p.m.: 20260311-IR-864250478FRA)

864 IAC 1.1-4.1-5.5 864 IAC 1.1-4.1-5.5 Engineering intern applicants; time limitation to take fundamentals of engineering examination

864 IAC 1.1-4.1-5.5 Engineering intern applicants; time limitation to take fundamentals of engineering examination

Authority: IC 25-31-1-7

Affected: IC 25-31-1-14; IC 25-34.1-1-14

Sec. 5.5. (a) This section addresses the number of examination attempts within a prescribed time period for applicants taking the fundamentals of engineering examination toward certification as an engineering intern or any other purpose other than as a professional engineer applicant.

(b) The three (3) attempts to pass the fundamentals of engineering examination under IC 25-34.1-1-14(h) may be at any time prior to the applicant being admitted to the professional engineer examination. If an applicant has not previously passed the fundamentals of engineering examination prior to being admitted to it as a professional engineer applicant, the applicant's taking of the fundamentals of engineering examination shall be governed by section 7 of this rule.

(c) An applicant, who fails the examination three (3) times as provided for in IC 25-34.1-1-14(h) and this section, shall be permitted to take the examination an additional three (3) times upon submitting to the board certification that the applicant has acquired additional knowledge for the examination which must include a description of the additional knowledge that was acquired.

(State Board of Registration for Professional Engineers; 864 IAC 1.1-4.1-5.5; filed Nov 15, 2013, 2:51 p.m.: 20131211-IR-864130333FRA, eff Jan 1, 2014; readopted filed Nov 22, 2016, 12:27 p.m.: 20161221-IR-864160321RFA; readopted filed Jul 20, 2022, 8:12 a.m.: 20220817-IR-864220189RFA; readopted filed May 30, 2024, 9:44 a.m.: 20240626-IR-864230822RFA)

864 IAC 1.1-4.1-6 864 IAC 1.1-4.1-6 Exemption from Part I of examination for an engineering intern

864 IAC 1.1-4.1-6 Exemption from Part I of examination for an engineering intern

Authority: IC 25-31-1-7

Affected: IC 25-31-1-14

Sec. 6. An applicant for registration as a professional engineer, who:

(1) holds either a valid certificate as an engineering intern or as an engineer-in-training from Indiana or any other state or territory, by having passed the fundamentals of engineering examination; or

(2) passed the fundamentals of engineering examination in Indiana or any other state or territory without a resultant engineering intern or engineer-in-training certificate;

shall be exempt from Part I of the examination for professional engineers.

(State Board of Registration for Professional Engineers; 864 IAC 1.1-4.1-6; filed Jun 21, 1988, 4:00 p.m.: 11 IR 3906; filed Sep 24, 1992, 9:00 a.m.: 16 IR 728; filed Mar 28, 1995, 2:00 p.m.: 18 IR 2107; readopted filed Jun 21, 2001, 9:01 a.m.: 24 IR 3824; readopted filed Jul 19, 2007, 12:56 p.m.: 20070808-IR-864070063RFA; readopted filed Jul 29, 2013, 1:25 p.m.: 20130828-IR-864130228RFA; filed Nov 15, 2013, 2:51 p.m.: 20131211-IR-864130333FRA, eff Jan 1, 2014; readopted filed Nov 22, 2016, 12:27 p.m.: 20161221-IR-864160321RFA; readopted filed Jul 20, 2022, 8:12 a.m.: 20220817-IR-864220189RFA; readopted filed May 30, 2024, 9:44 a.m.: 20240626-IR-864230822RFA)

864 IAC 1.1-4.1-7 864 IAC 1.1-4.1-7 Examination attempts for registration as a professional engineer

864 IAC 1.1-4.1-7 Examination attempts for registration as a professional engineer

Authority: IC 25-31-1-7

Affected: IC 25-31-1-14

Sec. 7. (a) This section applies to the examination for registration as a professional engineer.

(b) An applicant who does not pass the fundamentals of engineering examination (Part I of the examination for registration as a professional engineer) in the first attempt is entitled to take the examination two (2) additional times, as long as they are taken not later than two (2) years after the applicant took the examination the first time.

(c) After exhausting the examination attempts allowed under subsection (b), the application is deemed terminated.

(d) An applicant who does not pass the principles and practice examination (Part II) and Part III of the examinaton on the first attempt is entitled to take the examinations two (2) additional times.

(e) If the applicant passed Part II or Part III of the examination on the first or second attempt, the applicant will not be required to retake the passed part in the second or third examination allowed by subsection (d).

(f) After exhausting the examination attempts allowed by subsection (d), the application is deemed terminated.

(g) If an application is terminated under subsection (f), the applicant shall not lose credit for previously passing the fundamentals of engineering examination. However, the applicant shall lose credit for passing either Part II or Part III.

(h) For purposes of this section, examination attempts out of state count.

(State Board of Registration for Professional Engineers; 864 IAC 1.1-4.1-7; filed Jun 21, 1988, 4:00 p.m.: 11 IR 3906; filed Jul 24, 1989, 5:00 p.m.: 12 IR 2284; filed Sep 24, 1992, 9:00 a.m.: 16 IR 728; filed Mar 28, 1995, 2:00 p.m.: 18 IR 2107; readopted filed Jun 21, 2001, 9:01 a.m.: 24 IR 3824; filed Jul 31, 2006, 8:41 a.m.: 20060830-IR-864050295FRA; readopted filed Jul 19, 2007, 12:56 p.m.: 20070808-IR-864070063RFA; readopted filed Jul 29, 2013, 1:25 p.m.: 20130828-IR-864130228RFA; filed Nov 15, 2013, 2:51 p.m.: 20131211-IR-864130333FRA, eff Jan 1, 2014; readopted filed Nov 22, 2016, 12:27 p.m.: 20161221-IR-864160321RFA; readopted filed Jul 20, 2022, 8:12 a.m.: 20220817-IR-864220189RFA; readopted filed May 30, 2024, 9:44 a.m.: 20240626-IR-864230822RFA; filed Feb 9, 2026, 4:40 p.m.: 20260311-IR-864250478FRA)

864 IAC 1.1-4.1-8 864 IAC 1.1-4.1-8 Terminated applications; reapplication for admission, qualifications

864 IAC 1.1-4.1-8 Terminated applications; reapplication for admission, qualifications

Authority: IC 25-31-1-7

Affected: IC 25-31-1-12; IC 25-31-1-14

Sec. 8. (a) An individual whose application has been deemed terminated under section 7(c) or 7(f) of this rule may not take any part of the professional engineer examination without first receiving approval from the board.

(b) For approval to be granted, the applicant shall:

(1) meet the education and experience requirements in effect at the time of this application;

(2) acquire additional knowledge for the examination; and

(3) describe to the board in writing the additional knowledge that was acquired as provided for in subdivision (2).

(c) An applicant who is readmitted to an examination under this section shall be treated as if the applicant had not previously taken the examination for the purposes under sections 5 and 7 of this rule.

(d) Individuals may be deemed terminated partially or completely because of out-of-state examination attempts. Therefore, an applicant will be required to comply with subsection (b) even if the first, second, third, or all examination attempts are out of state.

(e) Individuals are deemed terminated under section 7(c) of this rule on the basis of all fundamentals of engineering examination attempts. Therefore, applicants will be required to comply with subsection (a) once the applicant has had three (3) unsuccessful fundamentals of engineering examination attempts regardless of whether the examination attempts were as:

(1) an engineering intern applicant; or

(2) a professional engineer applicant.

(f) For purposes of this section and section 7 of this rule, an examination attempt:

(1) means the actual taking of the examination; and

(2) does not include a failure to appear to take the examination.

(State Board of Registration for Professional Engineers; 864 IAC 1.1-4.1-8; filed Jun 21, 1988, 4:00 p.m.: 11 IR 3907; errata filed Feb 5, 1990, 4:15 p.m.: 13 IR 1066; filed Nov 15, 1990, 1:35 p.m.: 14 IR 757; filed Sep 24, 1992, 9:00 a.m.: 16 IR 728; filed Mar 28, 1995, 2:00 p.m.: 18 IR 2108; readopted filed Jun 21, 2001, 9:01 a.m.: 24 IR 3824; filed Jul 31, 2006, 8:41 a.m.: 20060830-IR-864050295FRA; readopted filed Jul 19, 2007, 12:56 p.m.: 20070808-IR-864070063RFA; readopted filed Jul 29, 2013, 1:25 p.m.: 20130828-IR-864130228RFA; filed Nov 15, 2013, 2:51 p.m.: 20131211-IR-864130333FRA, eff Jan 1, 2014; readopted filed Nov 22, 2016, 12:27 p.m.: 20161221-IR-864160321RFA; filed Dec 1, 2017, 10:32 a.m.: 20171227-IR-864150451FRA; readopted filed Oct 18, 2023, 8:45 a.m.: 20231115-IR-864230103RFA; readopted filed May 30, 2024, 9:44 a.m.: 20240626-IR-864230822RFA; filed Feb 9, 2026, 4:40 p.m.: 20260311-IR-864250478FRA)

864 IAC 1.1-4.1-9 864 IAC 1.1-4.1-9 Examination attempts for certification as an EI (Repealed)

864 IAC 1.1-4.1-9 Examination attempts for certification as an EI (Repealed)

(Repealed by State Board of Registration for Professional Engineers; filed Nov 15, 2013, 2:51 p.m.: 20131211-IR-864130333FRA, eff Jan 1, 2014)

864 IAC 1.1-4.1-10 864 IAC 1.1-4.1-10 Examination grades; review of examination; retention of answer sheets (Repealed)

864 IAC 1.1-4.1-10 Examination grades; review of examination; retention of answer sheets (Repealed)

(Repealed by State Board of Registration for Professional Engineers; filed Mar 28, 1995, 2:00 p.m.: 18 IR 2111)

864 IAC 1.1-4.1-11 864 IAC 1.1-4.1-11 Passing score for Part III of the professional engineer examination

864 IAC 1.1-4.1-11 Passing score for Part III of the professional engineer examination

Authority: IC 25-31-1-7

Affected: IC 25-31-1-13; IC 25-31-1-14

Sec. 11. The passing score for Part III of the professional engineer examination will be eighty-eight percent (88%).

(State Board of Registration for Professional Engineers; 864 IAC 1.1-4.1-11; filed Mar 28, 1995, 2:00 p.m.: 18 IR 2109; readopted filed Jun 21, 2001, 9:01 a.m.: 24 IR 3824; readopted filed Jul 19, 2007, 12:56 p.m.: 20070808-IR-864070063RFA; readopted filed Jul 29, 2013, 1:25 p.m.: 20130828-IR-864130228RFA; readopted filed Nov 22, 2016, 12:27 p.m.: 20161221-IR-864160321RFA; readopted filed Jul 20, 2022, 8:12 a.m.: 20220817-IR-864220189RFA; readopted filed May 30, 2024, 9:44 a.m.: 20240626-IR-864230822RFA)

Rule 5

864 IAC 1.1-5-1 864 IAC 1.1-5-1 Comity registration standards

Rule 5. Comity Registration

864 IAC 1.1-5-1 Comity registration standards

Authority: IC 25-31-1-7; IC 25-31-1-8

Affected: IC 25-31-1-14; IC 25-31-1-21

Sec. 1. (a) This rule addresses the requirements for registration of professional engineers who are registered in another state, territory, or possession of the United States. These applicants are also known as comity applicants.

(b) Under IC 25-31-1-21, one (1) requirement for an individual described in subsection (a) to become registered in Indiana is that the requirements under which the individual's registration was issued do not conflict with IC 25-31-1.

(c) In determining whether there is conflict under IC 25-31-1-21 and subsection (b), the board will evaluate whether the applicant meets the educational, experience, and examination requirements found in IC 25-31-1 and this title. This includes the educational and experience requirements found in 864 IAC 1.1-2.1-3 through 864 IAC 1.1-2.1-5, and passing the fundamentals of engineering examination and principles and practice of engineering examination required by IC 25-31-1-14 and 864 IAC 1.1-4.1-3. The board, in its discretion, may waive the requirement that an applicant for registration by comity pass the fundamentals of engineering examination.

(d) Unless the applicant does not qualify for registration for some other appropriate reason, if the educational, experience, and examination requirements described in subsection (c) are met at the time the applicant files the applicant's application with the board, the applicant will qualify for registration.

(State Board of Registration for Professional Engineers; Rule 5, Sec 1; filed Feb 29, 1980, 3:40 p.m.: 3 IR 630; filed Sep 24, 1992, 9:00 a.m.: 16 IR 729; filed Mar 28, 1995, 2:00 p.m.: 18 IR 2109; readopted filed Jun 21, 2001, 9:01 a.m.: 24 IR 3824; readopted filed Jul 19, 2007, 12:56 p.m.: 20070808-IR-864070063RFA; filed Jun 10, 2008, 9:47 a.m.: 20080709-IR-864070663FRA; readopted filed Dec 1, 2014, 8:34 a.m.: 20141231-IR-864140393RFA; readopted filed Nov 22, 2016, 12:27 p.m.: 20161221-IR-864160321RFA; filed Dec 1, 2017, 10:32 a.m.: 20171227-IR-864150451FRA; readopted filed Oct 18, 2023, 8:45 a.m.: 20231115-IR-864230103RFA; readopted filed May 30, 2024, 9:44 a.m.: 20240626-IR-864230822RFA; filed Feb 9, 2026, 4:40 p.m.: 20260311-IR-864250478FRA)

864 IAC 1.1-5-2 864 IAC 1.1-5-2 Engineer applicant (Repealed)

864 IAC 1.1-5-2 Engineer applicant (Repealed)

(Repealed by State Board of Registration for Professional Engineers; filed Mar 28, 1995, 2:00 p.m.: 18 IR 2111)

864 IAC 1.1-5-3 864 IAC 1.1-5-3 Land surveyor applicant (Vacated)

864 IAC 1.1-5-3 Land surveyor applicant (Vacated)

(NOTE: 864 IAC 1.1-5-3 was renumbered by Legislative Services Agency as 865 IAC 1-5-2.; readopted filed Oct 18, 2023, 8:45 a.m.: 20231115-IR-864230103RFA; readopted filed May 30, 2024, 9:44 a.m.: 20240626-IR-864230822RFA)

864 IAC 1.1-5-4 864 IAC 1.1-5-4 Professional engineer examination; comity applicants

864 IAC 1.1-5-4 Professional engineer examination; comity applicants

Authority: IC 25-31-1-7

Affected: IC 25-31-1-15; IC 25-31-1-21

Sec. 4. (a) Comity applicants shall be required to take and pass Part III of the professional engineer examination as described in 864 IAC 1.1-4.1-3. This examination shall be submitted with the comity applicant's application.

(b) An applicant who does not pass Part III of the engineering examination on the first attempt shall be entitled to take it two (2) additional times within six (6) months from the filing date of the applicant's application.

(c) The application shall be deemed terminated upon the failure of the examination in the attempts allowed in subsection (b), or six (6) months from the date of the applicant's application, whichever occurs earlier. An individual whose application has been deemed terminated under this rule may reapply for admission to the examination.

(d) In order for readmission to be granted, the applicant shall:

(1) meet the education and experience requirements in effect at the time of reapplication;

(2) acquire additional knowledge for the examination; and

(3) describe to the board in writing the additional knowledge that was acquired as provided for in subdivision (2).

(State Board of Registration for Professional Engineers; 864 IAC 1.1-5-4; filed Mar 28, 1995, 2:00 p.m.: 18 IR 2109; readopted filed Jun 21, 2001, 9:01 a.m.: 24 IR 3824; readopted filed Jul 19, 2007, 12:56 p.m.: 20070808-IR-864070063RFA; filed Jun 10, 2008, 9:47 a.m.: 20080709-IR-864070663FRA; readopted filed Dec 1, 2014, 8:34 a.m.: 20141231-IR-864140393RFA; readopted filed Nov 22, 2016, 12:27 p.m.: 20161221-IR-864160321RFA; filed Dec 1, 2017, 10:32 a.m.: 20171227-IR-864150451FRA; readopted filed Oct 18, 2023, 8:45 a.m.: 20231115-IR-864230103RFA; readopted filed May 30, 2024, 9:44 a.m.: 20240626-IR-864230822RFA)

Rule 6

864 IAC 1.1-6-1 864 IAC 1.1-6-1 Certificates of registration and enrollment (Repealed)

Rule 6. Certificates

864 IAC 1.1-6-1 Certificates of registration and enrollment (Repealed)

(Repealed by State Board of Registration for Professional Engineers; filed Oct 17, 1986, 2:20 pm: 10 IR 444)

864 IAC 1.1-6-2 864 IAC 1.1-6-2 Registration of engineer or land surveyor (Repealed)

864 IAC 1.1-6-2 Registration of engineer or land surveyor (Repealed)

(Repealed by State Board of Registration for Professional Engineers; filed Mar 28, 1995, 2:00 p.m.: 18 IR 2111)

864 IAC 1.1-6-3 864 IAC 1.1-6-3 Enrollment of engineer-in-training or surveyor-in-training (Repealed)

864 IAC 1.1-6-3 Enrollment of engineer-in-training or surveyor-in-training (Repealed)

(Repealed by State Board of Registration for Professional Engineers; filed Oct 17, 1986, 2:20 pm: 10 IR 444)

Rule 7

864 IAC 1.1-7-1 864 IAC 1.1-7-1 Design, application and use of seal (Repealed)

Rule 7. Registrant's Seal

864 IAC 1.1-7-1 Design, application and use of seal (Repealed)

(Repealed by State Board of Registration for Professional Engineers; filed Oct 17, 1986, 2:20 pm: 10 IR 444)

864 IAC 1.1-7-2 864 IAC 1.1-7-2 Design and contents of seal

864 IAC 1.1-7-2 Design and contents of seal

Authority: IC 25-31-1-7; IC 25-31-1-8

Affected: IC 25-31-1-16

Sec. 2. (a) The engineer seal shall generally be between one and five-eighths (1 5/8) inches and one and seven-eighths (1 7/8) inches in outside diameter, using the following design:

Plans containing an engineer seal of specified size may be reduced as long as the seal remains legible.

(b) The seal may be embossed, electronically applied to a drawing, or applied by a rubber stamp in conformance with the design as shown in subsection (a). The seal may have a milled edge, as shown, or two (2) concentric circles with the outer and inner circles corresponding with the respective edges of the milling.

(c) The name and registration number of the registrant inscribed on the seal shall correspond to the name and certificate number inscribed on the certificate of registration. However, the letters "PE" may be excluded from the certificate number.

(State Board of Registration for Professional Engineers; Rule 7, Sec 2; filed Feb 29, 1980, 3:40 p.m.: 3 IR 632; filed Oct 17, 1986, 2:20 p.m.: 10 IR 441; filed Sep 24, 1992, 9:00 a.m.: 16 IR 729; filed Mar 28, 1995, 2:00 p.m.: 18 IR 2109; readopted filed Jun 21, 2001, 9:01 a.m.: 24 IR 3824; readopted filed Jul 19, 2007, 12:56 p.m.: 20070808-IR-864070063RFA; readopted filed Jul 29, 2013, 1:25 p.m.: 20130828-IR-864130228RFA; readopted filed Nov 22, 2016, 12:27 p.m.: 20161221-IR-864160321RFA; readopted filed Jul 20, 2022, 8:12 a.m.: 20220817-IR-864220189RFA; readopted filed May 30, 2024, 9:44 a.m.: 20240626-IR-864230822RFA)

864 IAC 1.1-7-3 864 IAC 1.1-7-3 Application of seal; signature

864 IAC 1.1-7-3 Application of seal; signature

Authority: IC 25-31-1-7; IC 25-31-1-8

Affected: IC 25-31-1-16

Sec. 3. (a) The seal shall be affixed to documents and instruments only during the time the certificate of registration is current and has not been suspended or revoked and then only on such documents and instruments that have been prepared by the registrant or by the regularly employed and directly supervised subordinates of the registrant. The registrant shall be responsible for seeing that the seal, however affixed, and the signature shall be legible on the document.

(b) Whenever a registrant affixes the seal, it shall have:

(1) the registrant's original handwritten, electronic, or other signature recognized under Indiana law; and

(2) the date the seal is being affixed;

directly adjacent to the seal, but not across the seal. As used in this subsection, "electronic signature" means an electronic sound, symbol, or process attached to or logically associated with an electronic record and executed or adopted by a person with the intent to sign the electronic record.

(c) When a registrant is in responsible charge of engineering work for which one (1) or more:

(1) specifications;

(2) plans; and

(3) drawings;

are required to be submitted for review by the state building commissioner or other governmental body, the registrant shall apply the seal in the full manner required by this section on each page of all drawings or plans and on the title page of all specifications.

(d) A registrant who is not in responsible charge of the entire work, but assumes responsibility for portions of the work included on any page of:

(1) specifications;

(2) plans; or

(3) drawings;

shall affix the seal in the manner required by this section on all pages of plans or drawings on which the registrant's work appears and on the title pages of specifications in which the registrant's work appears.

(e) When affixing the seal, the registrant shall denote the registrant's part of the work by inserting below the registrant's signature and date, language similar to the following:

COVERING _____________________ DESIGN.

(State Board of Registration for Professional Engineers; Rule 7, Sec 3; filed Feb 29, 1980, 3:40 p.m.: 3 IR 632; filed Oct 17, 1986, 2:20 p.m.: 10 IR 441; filed Jun 8, 1989, 4:45 p.m.: 12 IR 1903; filed Sep 24, 1992, 9:00 a.m.: 16 IR 730; filed Mar 28, 1995, 2:00 p.m.: 18 IR 2110; readopted filed Jun 21, 2001, 9:01 a.m.: 24 IR 3824; readopted filed Jul 19, 2007, 12:56 p.m.: 20070808-IR-864070063RFA; readopted filed Jul 29, 2013, 1:25 p.m.: 20130828-IR-864130228RFA; readopted filed Nov 22, 2016, 12:27 p.m.: 20161221-IR-864160321RFA; filed Dec 1, 2017, 10:32 a.m.: 20171227-IR-864150451FRA; readopted filed Oct 18, 2023, 8:45 a.m.: 20231115-IR-864230103RFA; readopted filed May 30, 2024, 9:44 a.m.: 20240626-IR-864230822RFA)

864 IAC 1.1-7-4 864 IAC 1.1-7-4 Use of seal and signature; acceptance of full responsibility

864 IAC 1.1-7-4 Use of seal and signature; acceptance of full responsibility

Authority: IC 25-31-1-7; IC 25-31-1-8

Affected: IC 25-31-1-16

Sec. 4. (a) The seal and signature of a registrant on any drawings, documents, or instruments signifies the registrant's acceptance of full responsibility for the professional work represented thereon, except as another registrant shall have assumed a limited responsibility for portions of the work in accordance with section 3(d) of this rule.

(b) A registrant may include in the registrant's plans certain predesigned manufactured equipment or products which have become established as acceptable for the proposed use, when such items:

(1) meet standards established by nonprofit trade organizations;

(2) meet the requirements for the proposed use as indicated by tests performed by a competent, unbiased testing agency;

(3) are mechanical, electrical, or other types of machinery or systems guaranteed by a reputable manufacturer; or

(4) do not affect the structural safety of the project.

(State Board of Registration for Professional Engineers; Rule 7, Sec 4; filed Feb 29, 1980, 3:40 p.m.: 3 IR 633; filed Sep 24, 1992, 9:00 a.m.: 16 IR 730; filed Mar 28, 1995, 2:00 p.m.: 18 IR 2110; readopted filed Jun 21, 2001, 9:01 a.m.: 24 IR 3824; readopted filed Jul 19, 2007, 12:56 p.m.: 20070808-IR-864070063RFA; readopted filed Jul 29, 2013, 1:25 p.m.: 20130828-IR-864130228RFA; readopted filed Nov 22, 2016, 12:27 p.m.: 20161221-IR-864160321RFA; readopted filed Jul 20, 2022, 8:12 a.m.: 20220817-IR-864220189RFA; readopted filed May 30, 2024, 9:44 a.m.: 20240626-IR-864230822RFA)

Rule 8

864 IAC 1.1-8-1 864 IAC 1.1-8-1 Renewal of registration; fees; notice

Rule 8. Renewal

864 IAC 1.1-8-1 Renewal of registration; fees; notice

Authority: IC 25-31-1-7; IC 25-31-1-8

Affected: IC 25-31-1-17

Sec. 1. The board has adopted the following to clarify and implement the payment of renewal fees on a biennial basis:

(1) For purposes of biennial renewal, the postmark on the envelope containing the remittance will be considered the date of payment.

(2) When the renewal fee is not paid on time:

(A) the certificate of registration becomes invalid; and

(B) the individual cannot lawfully practice or offer to practice engineering;

until the renewal fee and required delinquent fee is paid and all other requirements for reinstatement of the certificate of registration have been met.

(State Board of Registration for Professional Engineers; Rule 8, Sec 1; filed Feb 29, 1980, 3:40 p.m.: 3 IR 633; filed Oct 17, 1986, 2:20 p.m.: 10 IR 442; filed Sep 24, 1992, 9:00 a.m.: 16 IR 731; readopted filed Jun 21, 2001, 9:01 a.m.: 24 IR 3824; readopted filed Jul 19, 2007, 12:56 p.m.: 20070808-IR-864070063RFA; readopted filed Jul 29, 2013, 1:25 p.m.: 20130828-IR-864130228RFA; readopted filed Nov 22, 2016, 12:27 p.m.: 20161221-IR-864160321RFA; filed Dec 1, 2017, 10:32 a.m.: 20171227-IR-864150451FRA; readopted filed Oct 18, 2023, 8:45 a.m.: 20231115-IR-864230103RFA; readopted filed May 30, 2024, 9:44 a.m.: 20240626-IR-864230822RFA)

Rule 9

864 IAC 1.1-9-1 864 IAC 1.1-9-1 Notification of name and address change

Rule 9. Name and Address Change

864 IAC 1.1-9-1 Notification of name and address change

Authority: IC 25-31-1-7; IC 25-31-1-8

Affected: IC 25-31-1-17

Sec. 1. (a) It shall be the responsibility of each registrant to keep the board advised of the registrant's latest address within thirty (30) days of the address change.

(b) It shall be the responsibility of each registrant to keep the board advised of the registrant's full name within thirty (30) days of the name change.

(State Board of Registration for Professional Engineers; Rule 9, Sec 1; filed Feb 29, 1980, 3:40 p.m.: 3 IR 634; filed Oct 17, 1986, 2:20 p.m.: 10 IR 442; filed Sep 24, 1992, 9:00 a.m.: 16 IR 731; readopted filed Jun 21, 2001, 9:01 a.m.: 24 IR 3824; readopted filed Jul 19, 2007, 12:56 p.m.: 20070808-IR-864070063RFA; readopted filed Jul 29, 2013, 1:25 p.m.: 20130828-IR-864130228RFA; readopted filed Nov 22, 2016, 12:27 p.m.: 20161221-IR-864160321RFA; filed Dec 1, 2017, 10:32 a.m.: 20171227-IR-864150451FRA; readopted filed Oct 18, 2023, 8:45 a.m.: 20231115-IR-864230103RFA; readopted filed May 30, 2024, 9:44 a.m.: 20240626-IR-864230822RFA)

Rule 10

864 IAC 1.1-10-1 864 IAC 1.1-10-1 Engineer's temporary permit; purpose; application; use of seal (Repealed)

Rule 10. Temporary Permit

864 IAC 1.1-10-1 Engineer's temporary permit; purpose; application; use of seal (Repealed)

(Repealed by State Board of Registration for Professional Engineers; filed Oct 17, 1986, 2:20 pm: 10 IR 444)

Rule 11

864 IAC 1.1-11-1 864 IAC 1.1-11-1 Ethical, economic, and legal principles; professional incompetence

Rule 11. Rules of Professional Conduct

864 IAC 1.1-11-1 Ethical, economic, and legal principles; professional incompetence

Authority: IC 25-31-1-7; IC 25-31-1-8

Affected: IC 25-31-1

Sec. 1. (a) This rule establishes requirements concerning ethical, economic, and legal principles and unprofessional conduct in the practice of engineering.

(b) The failure of a registered professional engineer to comply with the provisions of this rule constitutes professional incompetence.

(State Board of Registration for Professional Engineers; Rule 11, Sec 1; filed Feb 29, 1980, 3:40 p.m.: 3 IR 634; filed Jun 21, 1988, 4:05 p.m.: 11 IR 3908; filed Sep 24, 1992, 9:00 a.m.: 16 IR 731; readopted filed Jun 21, 2001, 9:01 a.m.: 24 IR 3824; readopted filed Jul 19, 2007, 12:56 p.m.: 20070808-IR-864070063RFA; readopted filed Jul 29, 2013, 1:25 p.m.: 20130828-IR-864130228RFA; readopted filed Nov 22, 2016, 12:27 p.m.: 20161221-IR-864160321RFA; readopted filed Jul 20, 2022, 8:12 a.m.: 20220817-IR-864220189RFA; readopted filed May 30, 2024, 9:44 a.m.: 20240626-IR-864230822RFA)

864 IAC 1.1-11-2 864 IAC 1.1-11-2 Agreement to abide by act and rules

864 IAC 1.1-11-2 Agreement to abide by act and rules

Authority: IC 25-31-1-7; IC 25-31-1-8

Affected: IC 25-31-1-13

Sec. 2. Each applicant shall certify on the application that the applicant has read and agrees to abide by the Act and the rules of the board in force at the time.

(State Board of Registration for Professional Engineers; Rule 11, Sec 2; filed Feb 29, 1980, 3:40 p.m.: 3 IR 634; filed Sep 24, 1992, 9:00 a.m.: 16 IR 731; readopted filed Jun 21, 2001, 9:01 a.m.: 24 IR 3824; readopted filed Jul 19, 2007, 12:56 p.m.: 20070808-IR-864070063RFA; readopted filed Jul 29, 2013, 1:25 p.m.: 20130828-IR-864130228RFA; readopted filed Nov 22, 2016, 12:27 p.m.: 20161221-IR-864160321RFA; readopted filed Jul 20, 2022, 8:12 a.m.: 20220817-IR-864220189RFA; readopted filed May 30, 2024, 9:44 a.m.: 20240626-IR-864230822RFA)

864 IAC 1.1-11-3 864 IAC 1.1-11-3 Privilege to practice; responses to board pertaining to professional conduct

864 IAC 1.1-11-3 Privilege to practice; responses to board pertaining to professional conduct

Authority: IC 25-31-1-7; IC 25-31-1-8

Affected: IC 25-31-1

Sec. 3. Knowledge of the Act and rules of the board shall encompass the understanding that the practice of engineering is a privilege, as opposed to a right, and the registrant shall be forthright and candid in statements or written response to the board or its representatives on matters pertaining to professional conduct.

(State Board of Registration for Professional Engineers; Rule 11, Sec 3; filed Feb 29, 1980, 3:40 p.m.: 3 IR 634; filed Sep 24, 1992, 9:00 a.m.: 16 IR 732; filed Mar 28, 1995, 2:00 p.m.: 18 IR 2111; readopted filed Jun 21, 2001, 9:01 a.m.: 24 IR 3824; readopted filed Jul 19, 2007, 12:56 p.m.: 20070808-IR-864070063RFA; readopted filed Jul 29, 2013, 1:25 p.m.: 20130828-IR-864130228RFA; readopted filed Nov 22, 2016, 12:27 p.m.: 20161221-IR-864160321RFA; readopted filed Jul 20, 2022, 8:12 a.m.: 20220817-IR-864220189RFA; readopted filed May 30, 2024, 9:44 a.m.: 20240626-IR-864230822RFA)

864 IAC 1.1-11-4 864 IAC 1.1-11-4 Public safety, health, and welfare

864 IAC 1.1-11-4 Public safety, health, and welfare

Authority: IC 25-31-1-7; IC 25-31-1-8

Affected: IC 25-31-1

Sec. 4. The engineer shall at all times recognize the primary obligation to protect the safety, health, and welfare of the public in the performance of professional duties. If the engineer's professional judgment is overruled under circumstances where the safety, health, and welfare of the public are endangered, the engineer shall inform the engineer's employer of the possible consequences and notify such other proper authority of the situation, as may be appropriate.

(State Board of Registration for Professional Engineers; Rule 11, Sec 4; filed Feb 29, 1980, 3:40 p.m.: 3 IR 635; filed Sep 24, 1992, 9:00 a.m.: 16 IR 732; readopted filed Jun 21, 2001, 9:01 a.m.: 24 IR 3824; readopted filed Jul 19, 2007, 12:56 p.m.: 20070808-IR-864070063RFA; readopted filed Jul 29, 2013, 1:25 p.m.: 20130828-IR-864130228RFA; readopted filed Nov 22, 2016, 12:27 p.m.: 20161221-IR-864160321RFA; readopted filed Jul 20, 2022, 8:12 a.m.: 20220817-IR-864220189RFA; readopted filed May 30, 2024, 9:44 a.m.: 20240626-IR-864230822RFA)

864 IAC 1.1-11-5 864 IAC 1.1-11-5 Qualification to undertake assignment

864 IAC 1.1-11-5 Qualification to undertake assignment

Authority: IC 25-31-1-7; IC 25-31-1-8

Affected: IC 25-31-1

Sec. 5. The engineer shall undertake to perform engineering assignments only when qualified by education and experience in the specific technical field of professional engineering involved.

(State Board of Registration for Professional Engineers; Rule 11, Sec 5; filed Feb 29, 1980, 3:40 p.m.: 3 IR 635; filed Sep 24, 1992, 9:00 a.m.: 16 IR 732; filed Mar 28, 1995, 2:00 p.m.: 18 IR 2111; readopted filed Jun 21, 2001, 9:01 a.m.: 24 IR 3824; readopted filed Jul 19, 2007, 12:56 p.m.: 20070808-IR-864070063RFA; readopted filed Jul 29, 2013, 1:25 p.m.: 20130828-IR-864130228RFA; readopted filed Nov 22, 2016, 12:27 p.m.: 20161221-IR-864160321RFA; readopted filed Jul 20, 2022, 8:12 a.m.: 20220817-IR-864220189RFA; readopted filed May 30, 2024, 9:44 a.m.: 20240626-IR-864230822RFA)

864 IAC 1.1-11-6 864 IAC 1.1-11-6 Restricted services for assignment outside field of competence

864 IAC 1.1-11-6 Restricted services for assignment outside field of competence

Authority: IC 25-31-1-7; IC 25-31-1-8

Affected: IC 25-31-1

Sec. 6. The engineer may accept an assignment requiring education or experience outside of the engineer's field of competence, but only to the extent that services are restricted to those phases of the project in which the engineer is qualified. All other phases of such project shall be performed by qualified associates, consultants, or employees.

(State Board of Registration for Professional Engineers; Rule 11, Sec 6; filed Feb 29, 1980, 3:40 p.m.: 3 IR 635; filed Sep 24, 1992, 9:00 a.m.: 16 IR 732; readopted filed Jun 21, 2001, 9:01 a.m.: 24 IR 3824; readopted filed Jul 19, 2007, 12:56 p.m.: 20070808-IR-864070063RFA; readopted filed Jul 29, 2013, 1:25 p.m.: 20130828-IR-864130228RFA; readopted filed Nov 22, 2016, 12:27 p.m.: 20161221-IR-864160321RFA; readopted filed Jul 20, 2022, 8:12 a.m.: 20220817-IR-864220189RFA; readopted filed May 30, 2024, 9:44 a.m.: 20240626-IR-864230822RFA)

864 IAC 1.1-11-7 864 IAC 1.1-11-7 Use of seal restricted

864 IAC 1.1-11-7 Use of seal restricted

Authority: IC 25-31-1-7; IC 25-31-1-8

Affected: IC 25-31-1

Sec. 7. The engineer shall not affix the engineer's signature and/or seal to any engineering plan or document dealing with subject matter in which the engineer lacks competence by virtue of insufficient education or experience, or to any such plan or document not prepared as described in 864 IAC 1.1-7-4.

(State Board of Registration for Professional Engineers; Rule 11, Sec 7; filed Feb 29, 1980, 3:40 p.m.: 3 IR 635; filed Sep 24, 1992, 9:00 a.m.: 16 IR 732; readopted filed Jun 21, 2001, 9:01 a.m.: 24 IR 3824; readopted filed Jul 19, 2007, 12:56 p.m.: 20070808-IR-864070063RFA; readopted filed Jul 29, 2013, 1:25 p.m.: 20130828-IR-864130228RFA; readopted filed Nov 22, 2016, 12:27 p.m.: 20161221-IR-864160321RFA; readopted filed Jul 20, 2022, 8:12 a.m.: 20220817-IR-864220189RFA; readopted filed May 30, 2024, 9:44 a.m.: 20240626-IR-864230822RFA)

864 IAC 1.1-11-8 864 IAC 1.1-11-8 Competence examination (Repealed)

864 IAC 1.1-11-8 Competence examination (Repealed)

(Repealed by State Board of Registration for Professional Engineers; filed Jun 21, 1988, 4:05 pm: 11 IR 3918)

864 IAC 1.1-11-9 864 IAC 1.1-11-9 Professional reports, statements, and testimony

864 IAC 1.1-11-9 Professional reports, statements, and testimony

Authority: IC 25-31-1-7; IC 25-31-1-8

Affected: IC 25-31-1

Sec. 9. The engineer shall be completely objective and truthful in all professional reports, statements, or testimony. The engineer shall include all relevant and pertinent information in such reports, statements, or testimony.

(State Board of Registration for Professional Engineers; Rule 11, Sec 9; filed Feb 29, 1980, 3:40 p.m.: 3 IR 635; filed Sep 24, 1992, 9:00 a.m.: 16 IR 732; readopted filed Jun 21, 2001, 9:01 a.m.: 24 IR 3824; readopted filed Jul 19, 2007, 12:56 p.m.: 20070808-IR-864070063RFA; readopted filed Jul 29, 2013, 1:25 p.m.: 20130828-IR-864130228RFA; readopted filed Nov 22, 2016, 12:27 p.m.: 20161221-IR-864160321RFA; readopted filed Jul 20, 2022, 8:12 a.m.: 20220817-IR-864220189RFA; readopted filed May 30, 2024, 9:44 a.m.: 20240626-IR-864230822RFA)

864 IAC 1.1-11-10 864 IAC 1.1-11-10 Expert opinion testimony

864 IAC 1.1-11-10 Expert opinion testimony

Authority: IC 25-31-1-7; IC 25-31-1-8

Affected: IC 25-31-1

Sec. 10. The engineer, when serving as an expert or technical witness before any court, commission, or other tribunal, shall express an opinion only when it is founded upon adequate knowledge of the facts in issue, upon a background of technical competence in the subject matter, and upon honest conviction of the accuracy and propriety of the engineer's testimony.

(State Board of Registration for Professional Engineers; Rule 11, Sec 10; filed Feb 29, 1980, 3:40 p.m.: 3 IR 635; filed Sep 24, 1992, 9:00 a.m.: 16 IR 732; readopted filed Jun 21, 2001, 9:01 a.m.: 24 IR 3824; readopted filed Jul 19, 2007, 12:56 p.m.: 20070808-IR-864070063RFA; readopted filed Jul 29, 2013, 1:25 p.m.: 20130828-IR-864130228RFA; readopted filed Nov 22, 2016, 12:27 p.m.: 20161221-IR-864160321RFA; readopted filed Jul 20, 2022, 8:12 a.m.: 20220817-IR-864220189RFA; readopted filed May 30, 2024, 9:44 a.m.: 20240626-IR-864230822RFA)

864 IAC 1.1-11-11 864 IAC 1.1-11-11 Public policy statements, criticisms, or arguments

864 IAC 1.1-11-11 Public policy statements, criticisms, or arguments

Authority: IC 25-31-1-7; IC 25-31-1-8

Affected: IC 25-31-1

Sec. 11. The engineer will issue no statement, criticisms, or arguments on engineering matters connected with public policy which are inspired or paid for by an interested party, or parties, unless the engineer has prefaced the comment by:

(1) explicitly identifying himself or herself;

(2) disclosing the identities of the party, or parties, on whose behalf the engineer is speaking; and

(3) revealing the existence of any pecuniary interest the engineer may have in the instant matters.

(State Board of Registration for Professional Engineers; Rule 11, Sec 11; filed Feb 29, 1980, 3:40 p.m.: 3 IR 635; filed Sep 24, 1992, 9:00 a.m.: 16 IR 733; readopted filed Jun 21, 2001, 9:01 a.m.: 24 IR 3824; readopted filed Jul 19, 2007, 12:56 p.m.: 20070808-IR-864070063RFA; readopted filed Jul 29, 2013, 1:25 p.m.: 20130828-IR-864130228RFA; readopted filed Nov 22, 2016, 12:27 p.m.: 20161221-IR-864160321RFA; readopted filed Jul 20, 2022, 8:12 a.m.: 20220817-IR-864220189RFA; readopted filed May 30, 2024, 9:44 a.m.: 20240626-IR-864230822RFA)

864 IAC 1.1-11-12 864 IAC 1.1-11-12 Conflicts of interest

864 IAC 1.1-11-12 Conflicts of interest

Authority: IC 25-31-1-7; IC 25-31-1-8

Affected: IC 25-31-1

Sec. 12. The engineer shall conscientiously avoid conflicts of interest with the engineer's employer or client, but, when unavoidable, the engineer shall forthwith disclose the circumstances to the engineer's employer or client.

(State Board of Registration for Professional Engineers; Rule 11, Sec 12; filed Feb 29, 1980, 3:40 p.m.: 3 IR 636; filed Sep 24, 1992, 9:00 a.m.: 16 IR 733; readopted filed Jun 21, 2001, 9:01 a.m.: 24 IR 3824; readopted filed Jul 19, 2007, 12:56 p.m.: 20070808-IR-864070063RFA; readopted filed Jul 29, 2013, 1:25 p.m.: 20130828-IR-864130228RFA; readopted filed Nov 22, 2016, 12:27 p.m.: 20161221-IR-864160321RFA; readopted filed Jul 20, 2022, 8:12 a.m.: 20220817-IR-864220189RFA; readopted filed May 30, 2024, 9:44 a.m.: 20240626-IR-864230822RFA)

864 IAC 1.1-11-13 864 IAC 1.1-11-13 Disclosure of conflict of interest

864 IAC 1.1-11-13 Disclosure of conflict of interest

Authority: IC 25-31-1-7; IC 25-31-1-8

Affected: IC 25-31-1

Sec. 13. The engineer shall avoid all known conflicts of interest with the engineer's employer or client and shall promptly inform the engineer's employer or client of any business association, interest, or circumstances which could influence judgment or quality of services.

(State Board of Registration for Professional Engineers; Rule 11, Sec 13; filed Feb 29, 1980, 3:40 p.m.: 3 IR 636; filed Sep 24, 1992, 9:00 a.m.: 16 IR 733; readopted filed Jun 21, 2001, 9:01 a.m.: 24 IR 3824; readopted filed Jul 19, 2007, 12:56 p.m.: 20070808-IR-864070063RFA; readopted filed Jul 29, 2013, 1:25 p.m.: 20130828-IR-864130228RFA; readopted filed Nov 22, 2016, 12:27 p.m.: 20161221-IR-864160321RFA; readopted filed Jul 20, 2022, 8:12 a.m.: 20220817-IR-864220189RFA; readopted filed May 30, 2024, 9:44 a.m.: 20240626-IR-864230822RFA)

864 IAC 1.1-11-14 864 IAC 1.1-11-14 Compensation from more than one party for same project

864 IAC 1.1-11-14 Compensation from more than one party for same project

Authority: IC 25-31-1-7; IC 25-31-1-8

Affected: IC 25-31-1

Sec. 14. The engineer shall not accept compensation, financial or otherwise, from more than one (1) party for services on the same project, unless the circumstances are fully disclosed to and agreed to by all interested parties.

(State Board of Registration for Professional Engineers; Rule 11, Sec 14; filed Feb 29, 1980, 3:40 p.m.: 3 IR 636; filed Sep 24, 1992, 9:00 a.m.: 16 IR 733; readopted filed Jun 21, 2001, 9:01 a.m.: 24 IR 3824; readopted filed Jul 19, 2007, 12:56 p.m.: 20070808-IR-864070063RFA; readopted filed Jul 29, 2013, 1:25 p.m.: 20130828-IR-864130228RFA; readopted filed Nov 22, 2016, 12:27 p.m.: 20161221-IR-864160321RFA; readopted filed Jul 20, 2022, 8:12 a.m.: 20220817-IR-864220189RFA; readopted filed May 30, 2024, 9:44 a.m.: 20240626-IR-864230822RFA)

864 IAC 1.1-11-15 864 IAC 1.1-11-15 Gratuities prohibited

864 IAC 1.1-11-15 Gratuities prohibited

Authority: IC 25-31-1-7; IC 25-31-1-8

Affected: IC 25-31-1

Sec. 15. The engineer shall not solicit or accept gratuities, directly or indirectly, from contractors, their agents, or other parties dealing with the engineer's client or employer in connection with work for which the engineer is responsible.

(State Board of Registration for Professional Engineers; Rule 11, Sec 15; filed Feb 29, 1980, 3:40 p.m.: 3 IR 636; filed Sep 24, 1992, 9:00 a.m.: 16 IR 733; readopted filed Jun 21, 2001, 9:01 a.m.: 24 IR 3824; readopted filed Jul 19, 2007, 12:56 p.m.: 20070808-IR-864070063RFA; readopted filed Jul 29, 2013, 1:25 p.m.: 20130828-IR-864130228RFA; readopted filed Nov 22, 2016, 12:27 p.m.: 20161221-IR-864160321RFA; readopted filed Jul 20, 2022, 8:12 a.m.: 20220817-IR-864220189RFA; readopted filed May 30, 2024, 9:44 a.m.: 20240626-IR-864230822RFA)

864 IAC 1.1-11-16 864 IAC 1.1-11-16 Financial or other considerations from suppliers prohibited

864 IAC 1.1-11-16 Financial or other considerations from suppliers prohibited

Authority: IC 25-31-1-7; IC 25-31-1-8

Affected: IC 25-31-1

Sec. 16. The engineer shall not solicit or accept financial or other valuable considerations from material or equipment suppliers for specifying their products.

(State Board of Registration for Professional Engineers; Rule 11, Sec 16; filed Feb 29, 1980, 3:40 p.m.: 3 IR 636; filed Sep 24, 1992, 9:00 a.m.: 16 IR 733; readopted filed Jun 21, 2001, 9:01 a.m.: 24 IR 3824; readopted filed Jul 19, 2007, 12:56 p.m.: 20070808-IR-864070063RFA; readopted filed Jul 29, 2013, 1:25 p.m.: 20130828-IR-864130228RFA; readopted filed Nov 22, 2016, 12:27 p.m.: 20161221-IR-864160321RFA; readopted filed Jul 20, 2022, 8:12 a.m.: 20220817-IR-864220189RFA; readopted filed May 30, 2024, 9:44 a.m.: 20240626-IR-864230822RFA)

864 IAC 1.1-11-17 864 IAC 1.1-11-17 Public service position; conflict of interest

864 IAC 1.1-11-17 Public service position; conflict of interest

Authority: IC 25-31-1-7; IC 25-31-1-8

Affected: IC 25-31-1

Sec. 17. When in public service as a member, advisor, or employee of a governmental body or department, the engineer shall not participate in considerations or actions with respect to services provided by the engineer or the engineer's organizations in private engineering practices.

(State Board of Registration for Professional Engineers; Rule 11, Sec 17; filed Feb 29, 1980, 3:40 p.m.: 3 IR 636; filed Sep 24, 1992, 9:00 a.m.: 16 IR 734; readopted filed Jun 21, 2001, 9:01 a.m.: 24 IR 3824; readopted filed Jul 19, 2007, 12:56 p.m.: 20070808-IR-864070063RFA; readopted filed Jul 29, 2013, 1:25 p.m.: 20130828-IR-864130228RFA; readopted filed Nov 22, 2016, 12:27 p.m.: 20161221-IR-864160321RFA; readopted filed Jul 20, 2022, 8:12 a.m.: 20220817-IR-864220189RFA; readopted filed May 30, 2024, 9:44 a.m.: 20240626-IR-864230822RFA)

864 IAC 1.1-11-18 864 IAC 1.1-11-18 Public contracts; conflict of interest

864 IAC 1.1-11-18 Public contracts; conflict of interest

Authority: IC 25-31-1-7; IC 25-31-1-8

Affected: IC 25-31-1

Sec. 18. The engineer shall not solicit or accept an engineering contract from a governmental body on which a principal, officer, or employee of the engineer's organization serves as a member.

(State Board of Registration for Professional Engineers; Rule 11, Sec 18; filed Feb 29, 1980, 3:40 p.m.: 3 IR 636; filed Sep 24, 1992, 9:00 a.m.: 16 IR 734; filed Mar 28, 1995, 2:00 p.m.: 18 IR 2111; readopted filed Jun 21, 2001, 9:01 a.m.: 24 IR 3824; readopted filed Jul 19, 2007, 12:56 p.m.: 20070808-IR-864070063RFA; readopted filed Jul 29, 2013, 1:25 p.m.: 20130828-IR-864130228RFA; readopted filed Nov 22, 2016, 12:27 p.m.: 20161221-IR-864160321RFA; readopted filed Jul 20, 2022, 8:12 a.m.: 20220817-IR-864220189RFA; readopted filed May 30, 2024, 9:44 a.m.: 20240626-IR-864230822RFA)

864 IAC 1.1-11-19 864 IAC 1.1-11-19 Payment of consideration to secure work prohibited; exception

864 IAC 1.1-11-19 Payment of consideration to secure work prohibited; exception

Authority: IC 25-31-1-7; IC 25-31-1-8

Affected: IC 25-31-1

Sec. 19. The engineer shall not offer to pay, either directly or indirectly, any commission, political contribution, gift, or other consideration in order to secure work, exclusive of securing a salaried position through employment agencies.

(State Board of Registration for Professional Engineers; Rule 11, Sec 19; filed Feb 29, 1980, 3:40 p.m.: 3 IR 636; filed Sep 24, 1992, 9:00 a.m.: 16 IR 734; readopted filed Jun 21, 2001, 9:01 a.m.: 24 IR 3824; readopted filed Jul 19, 2007, 12:56 p.m.: 20070808-IR-864070063RFA; readopted filed Jul 29, 2013, 1:25 p.m.: 20130828-IR-864130228RFA; readopted filed Nov 22, 2016, 12:27 p.m.: 20161221-IR-864160321RFA; readopted filed Jul 20, 2022, 8:12 a.m.: 20220817-IR-864220189RFA; readopted filed May 30, 2024, 9:44 a.m.: 20240626-IR-864230822RFA)

864 IAC 1.1-11-20 864 IAC 1.1-11-20 Employment on basis of qualification and competence

864 IAC 1.1-11-20 Employment on basis of qualification and competence

Authority: IC 25-31-1-7; IC 25-31-1-8

Affected: IC 25-31-1

Sec. 20. The engineer shall seek professional employment on the basis of qualification and competence in the proper accomplishment of similar work.

(State Board of Registration for Professional Engineers; Rule 11, Sec 20; filed Feb 29, 1980, 3:40 p.m.: 3 IR 636; filed Sep 24, 1992, 9:00 a.m.: 16 IR 734; readopted filed Jun 21, 2001, 9:01 a.m.: 24 IR 3824; readopted filed Jul 19, 2007, 12:56 p.m.: 20070808-IR-864070063RFA; readopted filed Jul 29, 2013, 1:25 p.m.: 20130828-IR-864130228RFA; readopted filed Nov 22, 2016, 12:27 p.m.: 20161221-IR-864160321RFA; readopted filed Jul 20, 2022, 8:12 a.m.: 20220817-IR-864220189RFA; readopted filed May 30, 2024, 9:44 a.m.: 20240626-IR-864230822RFA)

864 IAC 1.1-11-21 864 IAC 1.1-11-21 Misrepresentation of qualifications prohibited

864 IAC 1.1-11-21 Misrepresentation of qualifications prohibited

Authority: IC 25-31-1-7; IC 25-31-1-8

Affected: IC 25-31-1

Sec. 21. The engineer shall not falsify or permit misrepresentation of the engineer's or the engineer's associates' academic or professional qualifications. The engineer shall not misrepresent or exaggerate the degree of responsibility in or for the subject matter of prior assignments. Brochures or other presentations incident to the solicitation of employment shall not misrepresent pertinent facts concerning employers, employees, associates, joint ventures or their past accomplishments, or the engineer's past accomplishments with the intent and purpose of enhancing the engineer's qualifications and work.

(State Board of Registration for Professional Engineers; Rule 11, Sec 21; filed Feb 29, 1980, 3:40 p.m.: 3 IR 636; filed Sep 24, 1992, 9:00 a.m.: 16 IR 734; readopted filed Jun 21, 2001, 9:01 a.m.: 24 IR 3824; readopted filed Jul 19, 2007, 12:56 p.m.: 20070808-IR-864070063RFA; readopted filed Jul 29, 2013, 1:25 p.m.: 20130828-IR-864130228RFA; readopted filed Nov 22, 2016, 12:27 p.m.: 20161221-IR-864160321RFA; readopted filed Jul 20, 2022, 8:12 a.m.: 20220817-IR-864220189RFA; readopted filed May 30, 2024, 9:44 a.m.: 20240626-IR-864230822RFA)

864 IAC 1.1-11-22 864 IAC 1.1-11-22 Use of name in fraudulent or dishonest venture

864 IAC 1.1-11-22 Use of name in fraudulent or dishonest venture

Authority: IC 25-31-1-7; IC 25-31-1-8

Affected: IC 25-31-1

Sec. 22. The engineer shall not knowingly associate with or permit the use of the engineer's name or firm name in a business venture by any person or firm which the engineer knows, or has reason to believe, is engaging in business or professional practices of a fraudulent or dishonest nature.

(State Board of Registration for Professional Engineers; Rule 11, Sec 22; filed Feb 29, 1980, 3:40 p.m.: 3 IR 637; filed Sep 24, 1992, 9:00 a.m.: 16 IR 734; readopted filed Jun 21, 2001, 9:01 a.m.: 24 IR 3824; readopted filed Jul 19, 2007, 12:56 p.m.: 20070808-IR-864070063RFA; readopted filed Jul 29, 2013, 1:25 p.m.: 20130828-IR-864130228RFA; readopted filed Nov 22, 2016, 12:27 p.m.: 20161221-IR-864160321RFA; readopted filed Jul 20, 2022, 8:12 a.m.: 20220817-IR-864220189RFA; readopted filed May 30, 2024, 9:44 a.m.: 20240626-IR-864230822RFA)

864 IAC 1.1-11-23 864 IAC 1.1-11-23 Reporting violations

864 IAC 1.1-11-23 Reporting violations

Authority: IC 25-31-1-7; IC 25-31-1-8

Affected: IC 25-31-1

Sec. 23. If the engineer has knowledge or reason to believe that another person or firm may be in violation of this article, the engineer shall present such information to the board in writing and shall cooperate with the board in furnishing such further information or assistance as may be required by the board.

(State Board of Registration for Professional Engineers; Rule 11, Sec 23; filed Feb 29, 1980, 3:40 p.m.: 3 IR 637; filed Sep 24, 1992, 9:00 a.m.: 16 IR 734; readopted filed Jun 21, 2001, 9:01 a.m.: 24 IR 3824; readopted filed Jul 19, 2007, 12:56 p.m.: 20070808-IR-864070063RFA; readopted filed Jul 29, 2013, 1:25 p.m.: 20130828-IR-864130228RFA; readopted filed Nov 22, 2016, 12:27 p.m.: 20161221-IR-864160321RFA; readopted filed Jul 20, 2022, 8:12 a.m.: 20220817-IR-864220189RFA; readopted filed May 30, 2024, 9:44 a.m.: 20240626-IR-864230822RFA)

864 IAC 1.1-11-24 864 IAC 1.1-11-24 Conviction of a crime; effect

864 IAC 1.1-11-24 Conviction of a crime; effect

Authority: IC 25-1-1.1; IC 25-31-1-7; IC 25-31-1-8

Affected: IC 25-1-11-5; IC 25-31-1

Sec. 24. Conviction of a crime may be a basis for disciplinary action under IC 25-1-11-5 or other applicable statute.

(State Board of Registration for Professional Engineers; Rule 11, Sec 24; filed Feb 29, 1980, 3:40 p.m.: 3 IR 637; filed Jun 21, 1988, 4:05 p.m.: 11 IR 3908; filed Sep 24, 1992, 9:00 a.m.: 16 IR 735; readopted filed Jun 21, 2001, 9:01 a.m.: 24 IR 3824; readopted filed Jul 19, 2007, 12:56 p.m.: 20070808-IR-864070063RFA; readopted filed Jul 29, 2013, 1:25 p.m.: 20130828-IR-864130228RFA; readopted filed Nov 22, 2016, 12:27 p.m.: 20161221-IR-864160321RFA; filed Dec 1, 2017, 10:32 a.m.: 20171227-IR-864150451FRA; readopted filed Oct 18, 2023, 8:45 a.m.: 20231115-IR-864230103RFA; readopted filed May 30, 2024, 9:44 a.m.: 20240626-IR-864230822RFA)

864 IAC 1.1-11-25 864 IAC 1.1-11-25 Discipline of license in another jurisdiction; effect

864 IAC 1.1-11-25 Discipline of license in another jurisdiction; effect

Authority: IC 25-31-1-7; IC 25-31-1-8

Affected: IC 25-1-11-5; IC 25-31-1

Sec. 25. Discipline of a professional engineer's license by another jurisdiction may be grounds for disciplinary action under IC 25-1-11-5(a)(7).

(State Board of Registration for Professional Engineers; Rule 11, Sec 25; filed Feb 29, 1980, 3:40 p.m.: 3 IR 637; filed Jun 21, 1988, 4:05 p.m.: 11 IR 3908; errata filed Nov 28, 1989, 3:00 p.m.: 13 IR 677; filed Sep 24, 1992, 9:00 a.m.: 16 IR 735; readopted filed Jun 21, 2001, 9:01 a.m.: 24 IR 3824; readopted filed Jul 19, 2007, 12:56 p.m.: 20070808-IR-864070063RFA; readopted filed Jul 29, 2013, 1:25 p.m.: 20130828-IR-864130228RFA; readopted filed Nov 22, 2016, 12:27 p.m.: 20161221-IR-864160321RFA; filed Dec 1, 2017, 10:32 a.m.: 20171227-IR-864150451FRA; readopted filed Oct 18, 2023, 8:45 a.m.: 20231115-IR-864230103RFA; readopted filed May 30, 2024, 9:44 a.m.: 20240626-IR-864230822RFA)

Rule 12

864 IAC 1.1-12-1 864 IAC 1.1-12-1 Fees charged by board

Rule 12. Fees

864 IAC 1.1-12-1 Fees charged by board

Authority: IC 25-1-8-2; IC 25-31-1-7; IC 25-31-1-8

Affected: IC 25-1-8-6; IC 25-31-1

Sec. 1. The board shall charge and collect the following fees, which shall all be nonrefundable and nontransferable:

(1) For review of an application for certification as an engineering intern, ten dollars ($10).

(2) For review of an application for examination for registration as a professional engineer, three hundred dollars ($300).

(3) For the processing and review of qualifications for registration as a professional engineer by comity, three hundred dollars ($300).

(4) For issuance of the original certificate to practice as a professional engineer following passage of the examination or approval for registration on the basis of comity, when the certificate is dated between August 1 of an:

(A) odd-numbered year and July 31 of the following even-numbered year, inclusive, fifty dollars ($50); and

(B) even-numbered year and July 31 of the following odd-numbered year, inclusive, one hundred dollars ($100).

(5) For biennial renewal of the certificate to practice as a professional engineer, one hundred dollars ($100) payable prior to July 31 of each even-numbered year.

(6) For reinstatement of an expired certificate to practice as a professional engineer, the fees as provided for in IC 25-1-8-6.

(State Board of Registration for Professional Engineers; Rule 12, Sec 1; filed Feb 29, 1980, 3:40 p.m.: 3 IR 637; filed Oct 14, 1981, 1:30 p.m.: 4 IR 2459; filed Oct 17, 1986, 2:20 p.m.: 10 IR 442; errata, 10 IR 445; filed Sep 24, 1992, 9:00 a.m.: 16 IR 735; filed Mar 28, 1995, 2:00 p.m.: 18 IR 2111; filed Jun 14, 1996, 3:00 p.m.: 19 IR 3109; readopted filed Jun 21, 2001, 9:01 a.m.: 24 IR 3824; filed Sep 23, 2002, 9:59 a.m.: 26 IR 380, eff Dec 1, 2002; filed Sep 16, 2004, 9:00 a.m.: 28 IR 604, eff Nov 1, 2004; readopted filed Nov 17, 2010, 9:56 a.m.: 20101215-IR-864100408RFA; filed Nov 15, 2013, 2:51 p.m.: 20131211-IR-864130333FRA, eff Jan 1, 2014; readopted filed Nov 22, 2016, 12:27 p.m.: 20161221-IR-864160321RFA; filed Dec 1, 2017, 10:32 a.m.: 20171227-IR-864150451FRA; readopted filed Oct 18, 2023, 8:45 a.m.: 20231115-IR-864230103RFA; readopted filed May 30, 2024, 9:44 a.m.: 20240626-IR-864230822RFA)

864 IAC 1.1-12-2 864 IAC 1.1-12-2 Fee for examination administration

864 IAC 1.1-12-2 Fee for examination administration

Authority: IC 25-1-8-2; IC 25-31-1-7; IC 25-31-1-8

Affected: IC 25-31-1

Sec. 2. The fees for both the fundamentals of engineering examination and principles and practice of engineering examination are the costs for examination administration and examination scoring, payable to the examination services.

(State Board of Registration for Professional Engineers; 864 IAC 1.1-12-2; filed Sep 16, 2004, 9:00 a.m.: 28 IR 604, eff Nov 1, 2004; readopted filed Nov 17, 2010, 9:56 a.m.: 20101215-IR-864100408RFA; readopted filed Nov 22, 2016, 12:27 p.m.: 20161221-IR-864160321RFA; readopted filed Jul 20, 2022, 8:12 a.m.: 20220817-IR-864220189RFA; readopted filed May 30, 2024, 9:44 a.m.: 20240626-IR-864230822RFA)

Rule 13

864 IAC 1.1-13-1 864 IAC 1.1-13-1 Minimum standards for competent practice of land surveying (Vacated)

Rule 13. Land Surveying; Competent Practice

864 IAC 1.1-13-1 Minimum standards for competent practice of land surveying (Vacated)

Sec. 1.

(NOTE: 864 IAC 1.1-13-1 was renumbered by Legislative Services Agency as 865 IAC 1-12-1.)

864 IAC 1.1-13-2 864 IAC 1.1-13-2 Definitions; abbreviations (Vacated)

864 IAC 1.1-13-2 Definitions; abbreviations (Vacated)

Sec. 2.

(NOTE: 864 IAC 1.1-13-2 was renumbered by Legislative Services Agency as 865 IAC 1-12-2.)

864 IAC 1.1-13-3 864 IAC 1.1-13-3 Surveyor responsibility (Vacated)

864 IAC 1.1-13-3 Surveyor responsibility (Vacated)

Sec. 3.

(NOTE: 864 IAC 1.1-13-3 was renumbered by Legislative Services Agency as 865 IAC 1-12-3.)

864 IAC 1.1-13-4 864 IAC 1.1-13-4 Land surveyor duty to accumulate, preserve, and share data (Vacated)

864 IAC 1.1-13-4 Land surveyor duty to accumulate, preserve, and share data (Vacated)

Sec. 4.

(NOTE: 864 IAC 1.1-13-4 was renumbered by Legislative Services Agency as 865 IAC 1-12-4.)

864 IAC 1.1-13-5 864 IAC 1.1-13-5 Analysis of research, preliminary conclusions (Repealed)

864 IAC 1.1-13-5 Analysis of research, preliminary conclusions (Repealed)

(Repealed by State Board of Registration for Professional Engineers; filed Jul 17, 1991, 4:30 p.m.: 14 IR 2255)

864 IAC 1.1-13-5.1 864 IAC 1.1-13-5.1 Property surveys affected (Vacated)

864 IAC 1.1-13-5.1 Property surveys affected (Vacated)

(NOTE: 864 IAC 1.1-13-5.1 was renumbered by Legislative Services Agency as 865 IAC 1-12-5.)

864 IAC 1.1-13-6 864 IAC 1.1-13-6 Field notes (Vacated)

864 IAC 1.1-13-6 Field notes (Vacated)

(NOTE: 864 IAC 1.1-13-6 was renumbered by Legislative Services Agency as 865 IAC 1-12-6.)

864 IAC 1.1-13-7 864 IAC 1.1-13-7 Measurements for retracements or record document, surveys and original surveys (Vacated)

864 IAC 1.1-13-7 Measurements for retracements or record document, surveys and original surveys (Vacated)

(NOTE: 864 IAC 1.1-13-7 was renumbered by Legislative Services Agency as 865 IAC 1-12-7.)

864 IAC 1.1-13-8 864 IAC 1.1-13-8 Theoretical uncertainty (Vacated)

864 IAC 1.1-13-8 Theoretical uncertainty (Vacated)

(NOTE: 864 IAC 1.1-13-8 was renumbered by Legislative Services Agency as 865 IAC 1-12-8.)

864 IAC 1.1-13-9 864 IAC 1.1-13-9 Preliminary research and investigation on retracement and record document surveys (Vacated)

864 IAC 1.1-13-9 Preliminary research and investigation on retracement and record document surveys (Vacated)

(NOTE: 864 IAC 1.1-13-9 was renumbered by Legislative Services Agency as 865 IAC 1-12-9.)

864 IAC 1.1-13-10 864 IAC 1.1-13-10 Field investigation for retracement and record document surveys (Vacated)

864 IAC 1.1-13-10 Field investigation for retracement and record document surveys (Vacated)

(NOTE: 864 IAC 1.1-13-10 was renumbered by Legislative Services Agency as 865 IAC 1-12-10.)

864 IAC 1.1-13-11 864 IAC 1.1-13-11 Surveyor conclusions in retracement or record document survey (Vacated)

864 IAC 1.1-13-11 Surveyor conclusions in retracement or record document survey (Vacated)

(NOTE: 864 IAC 1.1-13-11 was renumbered by Legislative Services Agency as 865 IAC 1-12-11.)

864 IAC 1.1-13-12 864 IAC 1.1-13-12 Publication of retracement, record document, or original survey results (Vacated)

864 IAC 1.1-13-12 Publication of retracement, record document, or original survey results (Vacated)

(NOTE: 864 IAC 1.1-13-12 was renumbered by Legislative Services Agency as 865 IAC 1-12-12.)

864 IAC 1.1-13-13 864 IAC 1.1-13-13 Retracement or record document survey plats (Vacated)

864 IAC 1.1-13-13 Retracement or record document survey plats (Vacated)

(NOTE: 864 IAC 1.1-13-13 was renumbered by Legislative Services Agency as 865 IAC 1-12-13.)

864 IAC 1.1-13-14 864 IAC 1.1-13-14 Satisfying client requirements (Repealed)

864 IAC 1.1-13-14 Satisfying client requirements (Repealed)

(Repealed by State Board of Registration for Professional Engineers; filed Jul 17, 1991, 4:30 p.m.: 14 IR 2255)

864 IAC 1.1-13-15 864 IAC 1.1-13-15 Original survey preliminary research (Vacated)

864 IAC 1.1-13-15 Original survey preliminary research (Vacated)

(NOTE: 864 IAC 1.1-13-15 was renumbered by Legislative Services Agency as 865 IAC 1-12-14.)

864 IAC 1.1-13-16 864 IAC 1.1-13-16 Original survey research analysis and conclusions (Vacated)

864 IAC 1.1-13-16 Original survey research analysis and conclusions (Vacated)

(NOTE: 864 IAC 1.1-13-16 was renumbered by Legislative Services Agency as 865 IAC 1-12-15.)

864 IAC 1.1-13-17 864 IAC 1.1-13-17 Original survey fieldwork (Vacated)

864 IAC 1.1-13-17 Original survey fieldwork (Vacated)

(NOTE: 864 IAC 1.1-13-17 was renumbered by Legislative Services Agency as 865 IAC 1-12-16.)

864 IAC 1.1-13-18 864 IAC 1.1-13-18 Publication; original survey results (Vacated)

864 IAC 1.1-13-18 Publication; original survey results (Vacated)

(NOTE: 864 IAC 1.1-13-18 was renumbered by Legislative Services Agency as 865 IAC 1-12-17.)

864 IAC 1.1-13-19 864 IAC 1.1-13-19 Original and retracement or record document survey monumentation (Vacated)

864 IAC 1.1-13-19 Original and retracement or record document survey monumentation (Vacated)

(NOTE: 864 IAC 1.1-13-19 was renumbered by Legislative Services Agency as 865 IAC 1-12-18.)

864 IAC 1.1-13-20 864 IAC 1.1-13-20 Original survey plats (Vacated)

864 IAC 1.1-13-20 Original survey plats (Vacated)

(NOTE: 864 IAC 1.1-13-20 was renumbered by Legislative Services Agency as 865 IAC 1-12-19.)

864 IAC 1.1-13-21 864 IAC 1.1-13-21 Data accumulation survey preliminary research (Repealed)

864 IAC 1.1-13-21 Data accumulation survey preliminary research (Repealed)

(Repealed by State Board of Registration for Professional Engineers; filed Jul 17, 1991, 4:30 p.m.: 14 IR 2255)

864 IAC 1.1-13-22 864 IAC 1.1-13-22 Data accumulation survey field investigation (Repealed)

864 IAC 1.1-13-22 Data accumulation survey field investigation (Repealed)

(Repealed by State Board of Registration for Professional Engineers; filed Jul 17, 1991, 4:30 p.m.: 14 IR 2255)

864 IAC 1.1-13-23 864 IAC 1.1-13-23 Completion and evaluation; data accumulation survey (Repealed)

864 IAC 1.1-13-23 Completion and evaluation; data accumulation survey (Repealed)

(Repealed by State Board of Registration for Professional Engineers; filed Jul 17, 1991, 4:30 p.m.: 14 IR 2255)

864 IAC 1.1-13-24 864 IAC 1.1-13-24 Publication; data accumulation survey results (Repealed)

864 IAC 1.1-13-24 Publication; data accumulation survey results (Repealed)

(Repealed by State Board of Registration for Professional Engineers; filed Jul 17, 1991, 4:30 p.m.: 14 IR 2255)

864 IAC 1.1-13-25 864 IAC 1.1-13-25 Data accumulation survey measurements (Repealed)

864 IAC 1.1-13-25 Data accumulation survey measurements (Repealed)

(Repealed by State Board of Registration for Professional Engineers; filed Jul 17, 1991, 4:30 p.m.: 14 IR 2255)

864 IAC 1.1-13-26 864 IAC 1.1-13-26 Data accumulation survey monumentation (Repealed)

864 IAC 1.1-13-26 Data accumulation survey monumentation (Repealed)

(Repealed by State Board of Registration for Professional Engineers; filed Jul 17, 1991, 4:30 p.m.: 14 IR 2255)

864 IAC 1.1-13-27 864 IAC 1.1-13-27 Data accumulation survey presentation (Repealed)

864 IAC 1.1-13-27 Data accumulation survey presentation (Repealed)

(Repealed by State Board of Registration for Professional Engineers; filed Jul 17, 1991, 4:30 p.m.: 14 IR 2255)

864 IAC 1.1-13-28 864 IAC 1.1-13-28 Construction layout survey preliminary research (Repealed)

864 IAC 1.1-13-28 Construction layout survey preliminary research (Repealed)

(Repealed by State Board of Registration for Professional Engineers; filed Jul 17, 1991, 4:30 p.m.: 14 IR 2255)

864 IAC 1.1-13-29 864 IAC 1.1-13-29 Construction layout survey field investigation (Repealed)

864 IAC 1.1-13-29 Construction layout survey field investigation (Repealed)

(Repealed by State Board of Registration for Professional Engineers; filed Jul 17, 1991, 4:30 p.m.: 14 IR 2255)

864 IAC 1.1-13-30 864 IAC 1.1-13-30 Construction layout survey conclusions (Repealed)

864 IAC 1.1-13-30 Construction layout survey conclusions (Repealed)

(Repealed by State Board of Registration for Professional Engineers; filed Jul 17, 1991, 4:30 p.m.: 14 IR 2255)

864 IAC 1.1-13-31 864 IAC 1.1-13-31 Publication of construction layout survey results (Repealed)

864 IAC 1.1-13-31 Publication of construction layout survey results (Repealed)

(Repealed by State Board of Registration for Professional Engineers; filed Jul 17, 1991, 4:30 p.m.: 14 IR 2255)

864 IAC 1.1-13-32 864 IAC 1.1-13-32 Construction layout survey measurements (Repealed)

864 IAC 1.1-13-32 Construction layout survey measurements (Repealed)

(Repealed by State Board of Registration for Professional Engineers; filed Jul 17, 1991, 4:30 p.m.: 14 IR 2255)

864 IAC 1.1-13-33 864 IAC 1.1-13-33 Construction layout survey monumentation (Repealed)

864 IAC 1.1-13-33 Construction layout survey monumentation (Repealed)

(Repealed by State Board of Registration for Professional Engineers; filed Jul 17, 1991, 4:30 p.m.: 14 IR 2255)

864 IAC 1.1-13-34 864 IAC 1.1-13-34 Construction layout survey data presentation (Repealed)

864 IAC 1.1-13-34 Construction layout survey data presentation (Repealed)

(Repealed by State Board of Registration for Professional Engineers; filed Jul 17, 1991, 4:30 p.m.: 14 IR 2255)

864 IAC 1.1-13-35 864 IAC 1.1-13-35 Route survey preliminary research (Vacated)

864 IAC 1.1-13-35 Route survey preliminary research (Vacated)

(NOTE: 864 IAC 1.1-13-35 was renumbered by Legislative Services Agency as 865 IAC 1-12-20.)

864 IAC 1.1-13-36 864 IAC 1.1-13-36 Route survey fieldwork (Vacated)

864 IAC 1.1-13-36 Route survey fieldwork (Vacated)

(NOTE: 864 IAC 1.1-13-36 was renumbered by Legislative Services Agency as 865 IAC 1-12-21.)

864 IAC 1.1-13-37 864 IAC 1.1-13-37 Measurements for route surveys (Vacated)

864 IAC 1.1-13-37 Measurements for route surveys (Vacated)

(NOTE: 864 IAC 1.1-13-37 was renumbered by Legislative Services Agency as 865 IAC 1-12-22.)

864 IAC 1.1-13-38 864 IAC 1.1-13-38 Publication of route survey results (Vacated)

864 IAC 1.1-13-38 Publication of route survey results (Vacated)

(NOTE: 864 IAC 1.1-13-38 was renumbered by Legislative Services Agency as 865 IAC 1-12-23.)

864 IAC 1.1-13-39 864 IAC 1.1-13-39 Route survey monumentation (Vacated)

864 IAC 1.1-13-39 Route survey monumentation (Vacated)

(NOTE: 864 IAC 1.1-13-39 was renumbered by Legislative Services Agency as 865 IAC 1-12-24.)

864 IAC 1.1-13-40 864 IAC 1.1-13-40 Route survey plats (Vacated)

864 IAC 1.1-13-40 Route survey plats (Vacated)

(NOTE: 864 IAC 1.1-13-40 was renumbered by Legislative Services Agency as 865 IAC 1-12-25.)

864 IAC 1.1-13-41 864 IAC 1.1-13-41 Effective date for route surveys (Vacated)

864 IAC 1.1-13-41 Effective date for route surveys (Vacated)

(NOTE: 864 IAC 1.1-13-41 was renumbered by Legislative Services Agency as 865 IAC 1-12-26.)

864 IAC 1.1-13-42 864 IAC 1.1-13-42 Surveyor location reports; purpose; scope (Vacated)

864 IAC 1.1-13-42 Surveyor location reports; purpose; scope (Vacated)

(NOTE: 864 IAC 1.1-13-42 was renumbered by Legislative Services Agency as 865 IAC 1-12-27.)

864 IAC 1.1-13-43 864 IAC 1.1-13-43 Surveyor location reports; requirements (Vacated)

864 IAC 1.1-13-43 Surveyor location reports; requirements (Vacated)

(NOTE: 864 IAC 1.1-13-43 was renumbered by Legislative Services Agency as 865 IAC 1-12-28.)

864 IAC 1.1-13-44 864 IAC 1.1-13-44 Surveyor location reports; certificate (Vacated)

864 IAC 1.1-13-44 Surveyor location reports; certificate (Vacated)

(NOTE: 864 IAC 1.1-13-44 was renumbered by Legislative Services Agency as 865 IAC 1-12-29.)

Rule 14

864 IAC 1.1-14-1 864 IAC 1.1-14-1 Limited liability company practice

Rule 14. Limited Liability Company Practice

864 IAC 1.1-14-1 Limited liability company practice

Authority: IC 25-31-1-7; IC 25-31-1-8

Affected: IC 23-18-2-2; IC 25-31-1-18

Sec. 1. A limited liability company doing business in Indiana may practice or offer to practice engineering only if that practice is carried on under the responsible direction and supervision of a registered professional engineer who is a full-time employee or member of the company. 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.

(State Board of Registration for Professional Engineers; 864 IAC 1.1-14-1; filed Nov 7, 2003, 12:00 p.m.: 27 IR 875; readopted filed Dec 1, 2009, 9:13 a.m.: 20091223-IR-864090783RFA; readopted filed Nov 13, 2015, 11:26 a.m.: 20151209-IR-864150251RFA; readopted filed Nov 22, 2016, 12:27 p.m.: 20161221-IR-864160321RFA; readopted filed Jul 20, 2022, 8:12 a.m.: 20220817-IR-864220189RFA; readopted filed May 30, 2024, 9:44 a.m.: 20240626-IR-864230822RFA)

Rule 15

864 IAC 1.1-15-1 864 IAC 1.1-15-1 Continuing education

Rule 15. Continuing Education

864 IAC 1.1-15-1 Continuing education

Authority: IC 25-1-4-8; IC 25-31-1-17.5

Affected: IC 25

Sec. 1. This rule establishes the continuing education requirements for professional engineers.

(State Board of Registration for Professional Engineers; 864 IAC 1.1-15-1; filed Jul 19, 2010, 11:22 a.m.: 20100818-IR-864090788FRA; readopted filed Nov 22, 2016, 12:27 p.m.: 20161221-IR-864160321RFA; readopted filed Jul 20, 2022, 8:12 a.m.: 20220817-IR-864220189RFA; readopted filed May 30, 2024, 9:44 a.m.: 20240626-IR-864230822RFA)

864 IAC 1.1-15-2 864 IAC 1.1-15-2 Definitions

864 IAC 1.1-15-2 Definitions

Authority: IC 25-1-4-8; IC 25-31-1-17.5

Affected: IC 25-1-4-0.2; IC 25-1-4-0.5

Sec. 2. (a) As used in this rule, "biennium" means a two (2) year licensure period during which continuing education requirements must be met. It:

(1) commences on August 1 of an even-numbered year; and

(2) concludes on July 31 of the next even-numbered year.

(b) Based on IC 25-1-4-0.5 and as used in this rule, "continuing education" means an orderly process of instruction that is:

(1) approved by an approved organization (as defined in IC 25-1-4-0.2) or the board; and

(2) designed to directly enhance a professional engineer's knowledge and skill in providing services relevant to the practice of engineering.

The activities described in section 4 of this rule qualify as continuing education if they augment the professional engineer's knowledge and skill in providing services relevant to the practice of engineering.

(c) As used in this rule, "hour of continuing education" means at least fifty (50) minutes of instruction or course contact time. "Hours of continuing education" has the same meaning for the number of hours stated. An alternate term for an hour of continuing education that is used nationally with continuing education for professional engineers is professional development hour or PDH.

(State Board of Registration for Professional Engineers; 864 IAC 1.1-15-2; filed Jul 19, 2010, 11:22 a.m.: 20100818-IR-864090788FRA; filed Nov 15, 2013, 2:51 p.m.: 20131211-IR-864130333FRA, eff Jan 1, 2014; readopted filed Nov 22, 2016, 12:27 p.m.: 20161221-IR-864160321RFA; readopted filed Jul 20, 2022, 8:12 a.m.: 20220817-IR-864220189RFA; readopted filed May 30, 2024, 9:44 a.m.: 20240626-IR-864230822RFA)

864 IAC 1.1-15-3 864 IAC 1.1-15-3 Continuing education hours required

864 IAC 1.1-15-3 Continuing education hours required

Authority: IC 25-1-4-8; IC 25-31-1-17.5

Affected: IC 25-1-4

Sec. 3. (a) Except for holders of an inactive certificate under section 9 of this rule, during each biennium a professional engineer shall complete thirty (30) hours of continuing education that meets the requirements of this rule and IC 25-1-4 in order to renew his or her professional engineer registration. This continuing education requirement first applies to the biennium of August 1, 2010, through July 31, 2012, and therefore first applies to the July 31, 2012, renewal.

(b) At least one (1) hour of the continuing education required in each biennium under subsection (a) shall be in ethics applicable to the practice of professional engineering.

(c) At least one (1) hour of the continuing education required in each biennium under subsection (a) shall be in Indiana statutes and rules applicable to the practice of professional engineering.

(d) A professional engineer initially licensed in Indiana in the first year of a biennium shall only be required to obtain fifteen (15) hours of continuing education. A professional engineer initially licensed in Indiana in the second year of a biennium shall not be required to obtain any continuing education.

(e) Up to fifteen (15) hours of continuing education obtained during a biennium beyond what is required for that biennium may be carried over to the next biennium.

(State Board of Registration for Professional Engineers; 864 IAC 1.1-15-3; filed Jul 19, 2010, 11:22 a.m.: 20100818-IR-864090788FRA; filed Nov 15, 2013, 2:51 p.m.: 20131211-IR-864130333FRA, eff Jan 1, 2014; readopted filed Nov 22, 2016, 12:27 p.m.: 20161221-IR-864160321RFA; readopted filed Jul 20, 2022, 8:12 a.m.: 20220817-IR-864220189RFA; readopted filed May 30, 2024, 9:44 a.m.: 20240626-IR-864230822RFA)

864 IAC 1.1-15-4 864 IAC 1.1-15-4 Credit for distance learning, teaching, college courses and other qualifying activities

864 IAC 1.1-15-4 Credit for distance learning, teaching, college courses and other qualifying activities

Authority: IC 25-31-1-17.5

Affected: IC 25

Sec. 4. (a) Distance learning courses obtained by distance learning methods shall qualify.

(b) Courses that are relevant to the professional engineer's professional skills, which are part of the curriculum of an accredited university, college, or educational institution, shall earn:

(1) fifteen (15) hours of continuing education for each academic semester hour completed; or

(2) ten (10) hours of continuing education for each academic quarter hour completed.

(c) Teaching a course at an accredited university, college, or educational institution shall earn two (2) times the number of hours a student is allowed under subsection (b), but only for the first time the instructor teaches the course.

(d) Services as an instructor or presenter at a qualified continuing education course shall earn two (2) hours of continuing education for each hour taught, but only for the initial instruction or presentation.

(e) Active participation in educational outreach activities with kindergarten to grade 12, or higher education students pertaining to professional engineer registration or the engineering profession shall qualify for a maximum of one (1) hour of continuing education per activity, and a maximum of two (2) hours of continuing education per biennium.

(f) Active participation in a professional or technical society relating to the practice of engineering shall qualify for one (1) hour of continuing education per year of service and, therefore, a maximum of two (2) hours of continuing education per biennium.

(g) Authoring of published papers, articles, or books relevant to the professional engineer's practice of engineering shall qualify for five (5) hours of continuing education in the biennium in which the publication occurred unless peer reviewed for an archival journal, in which case it shall qualify for ten (10) hours of continuing education in the biennium in which the publication occurred. Not more than one (1) paper, article, or book may be counted in any one (1) biennium.

(h) Attainment of a patent relevant to the professional engineer's practice of engineering shall qualify for ten (10) hours for each patent.

(State Board of Registration for Professional Engineers; 864 IAC 1.1-15-4; filed Jul 19, 2010, 11:22 a.m.: 20100818-IR-864090788FRA; filed Nov 15, 2013, 2:51 p.m.: 20131211-IR-864130333FRA, eff Jan 1, 2014; readopted filed Nov 22, 2016, 12:27 p.m.: 20161221-IR-864160321RFA; readopted filed Jul 20, 2022, 8:12 a.m.: 20220817-IR-864220189RFA; readopted filed May 30, 2024, 9:44 a.m.: 20240626-IR-864230822RFA)

864 IAC 1.1-15-5 864 IAC 1.1-15-5 Approval of continuing education programs

864 IAC 1.1-15-5 Approval of continuing education programs

Authority: IC 25-1-4; IC 25-31-1-17.5

Affected: IC 25-1-4-0.2; IC 25-1-4-0.5

Sec. 5. (a) It is the professional engineer's responsibility to ensure that the course is applicable to enhancing the practice of engineering. According to IC 25-1-4-0.5, certain courses are automatically approved by being approved by an approved organization under IC 25-1-4-0.2 assuming the subject matter of the course is acceptable under this rule by being designed to directly enhance the practitioner's knowledge and skill. For any course not automatically approved, the following criteria shall be used for board approval of continuing education programs for professional engineers:

(1) The continuing education course shall have a statement of objectives, which the program should achieve for its participants relating to and enhancing the practice of engineering.

(2) The sponsor of continuing education courses shall provide:

(A) adequate administration, including a responsible person to coordinate and administer the program; and

(B) for the maintenance of proper records.

(3) The curriculum of a continuing education course shall be thoughtfully planned and designed to explore in considerable depth one (1) subject or a closely related group of subjects related to the practice of engineering.

(4) The continuing education course shall:

(A) have qualified instructors who have demonstrated competence in the subject areas;

(B) be held in adequate facilities that allow for an effective program; and

(C) employ a variety of educational methods and teaching aids that enhance the learning opportunities.

(5) Appropriate methods of evaluation shall be devised and used to measure the continuing education course's effectiveness.

(6) The sponsor of the continuing education course shall provide to the participants a meaningful record of attendance stating the continuing education hours involved, such as a certificate of completion.

(b) Continuing education courses may be approved by the board provided the sponsoring organization has submitted the proper documentation.

(c) The sponsor of the course is responsible for monitoring attendance in such a manner that verification of attendance throughout the entire course can be reliably assured.

(d) Notwithstanding subsections (a) and (b), continuing education courses for professional engineers approved by an approved organization under IC 25-1-4-0.2 are automatically approved.

(e) Without limiting any other organization that may qualify under IC 25-1-4-0.2, the following shall be an "approved organization" under IC 25-1-4-0.2 and this rule:

(1) Professional engineering related technical or professional societies, organizations, councils, associations, or institutions.

(2) Organizations or individuals who are approved by the board as provided for in subsection (f).

(f) To qualify for approval under subsection (e)(2), an organization or individual shall:

(1) Apply to the board certifying that continuing education courses shall comply with the provisions of subsection (a)(1) through (a)(6) and, as applicable, with IC 25-1-4 and other provisions of this rule, and receive the board's approval.

(2) Submit an annual report to the board no later than February 15 that represents that the organization or individual complies with the requirements of subdivision (1).

(3) Be subject to a board audit for compliance with subsection (a)(1) through (a)(6) and, as applicable, with IC 25-1-4 and other provisions of this rule.

(g) The approval of an organization or individual under subsection (e)(2) may be rescinded if the organization or individual does not comply with subsection (a)(1) through (a)(6) and, as applicable, IC 25-1-4 and other provisions of this rule.

(State Board of Registration for Professional Engineers; 864 IAC 1.1-15-5; filed Jul 19, 2010, 11:22 a.m.: 20100818-IR-864090788FRA; filed Nov 15, 2013, 2:51 p.m.: 20131211-IR-864130333FRA, eff Jan 1, 2014; readopted filed Nov 22, 2016, 12:27 p.m.: 20161221-IR-864160321RFA; readopted filed Jul 20, 2022, 8:12 a.m.: 20220817-IR-864220189RFA; readopted filed May 30, 2024, 9:44 a.m.: 20240626-IR-864230822RFA)

864 IAC 1.1-15-6 864 IAC 1.1-15-6 Reporting continuing education

864 IAC 1.1-15-6 Reporting continuing education

Authority: IC 25-31-1-17.5

Affected: IC 25

Sec. 6. (a) A licensee must sign the renewal form provided by the Indiana professional licensing agency that verifies that all continuing education requirements according to section 3 of this rule will have been met by the time of license renewal.

(b) The professional engineer shall maintain copies of certificates of completion of continuing education courses for a period of three (3) years following the end of the biennium.

(State Board of Registration for Professional Engineers; 864 IAC 1.1-15-6; filed Jul 19, 2010, 11:22 a.m.: 20100818-IR-864090788FRA; readopted filed Nov 22, 2016, 12:27 p.m.: 20161221-IR-864160321RFA; readopted filed Jul 20, 2022, 8:12 a.m.: 20220817-IR-864220189RFA; readopted filed May 30, 2024, 9:44 a.m.: 20240626-IR-864230822RFA)

864 IAC 1.1-15-7 864 IAC 1.1-15-7 Continuing education audit

864 IAC 1.1-15-7 Continuing education audit

Authority: IC 25-1-4; IC 25-31-1-17.5

Affected: IC 25-1-4-3

Sec. 7. (a) As required by IC 25-1-4-3, the board shall conduct random audits for compliance with continuing education requirements.

(b) Action taken for noncompliance will be governed by IC 25-1-4.

(State Board of Registration for Professional Engineers; 864 IAC 1.1-15-7; filed Jul 19, 2010, 11:22 a.m.: 20100818-IR-864090788FRA; readopted filed Nov 22, 2016, 12:27 p.m.: 20161221-IR-864160321RFA; readopted filed Jul 20, 2022, 8:12 a.m.: 20220817-IR-864220189RFA; readopted filed May 30, 2024, 9:44 a.m.: 20240626-IR-864230822RFA)

864 IAC 1.1-15-8 864 IAC 1.1-15-8 Request for a waiver of the continuing education requirement

864 IAC 1.1-15-8 Request for a waiver of the continuing education requirement

Authority: IC 25-1-4; IC 25-31-1-17.5

Affected: IC 25-1-4-4

Sec. 8. (a) Under IC 25-1-4-4, a professional engineer may apply in writing for a waiver for all or part of the continuing education requirements for a biennium, seeking renewal of that license without having completed the continuing education required for renewal under this rule, by submitting the following:

(1) A statement explaining the reasons for noncompliance.

(2) A request for a waiver of the continuing education required for renewal.

(3) The renewal application and all required fees.

(b) The license holder must submit evidence to the satisfaction of the board to be granted a waiver.

(c) If the request is granted, the waiver will be effective for the current renewal period only.

(d) If the request is denied, the license holder is responsible for completing the full amount of continuing education required for license renewal.

(e) Waivers may be granted if a hardship exists. The board will determine whether a hardship exists that would have prevented the licensee from obtaining his or her continuing education, including, but not limited to, the following:

(1) For at least one (1) year during the current renewal period, the licensee was absent due to full-time service in the armed services of the United States.

(2) During the current renewal period, the licensee or an immediate family member, where the licensee has primary responsibility for the care of that family member, was suffering from or suffered an incapacitating illness or injury. The existence of the incapacitating illness or injury must be verified by a licensed physician or psychologist with special expertise in the area of the incapacitating illness or injury. Verification of the incapacitating illness or injury must include the following:

(A) The nature and extent of the illness or injury.

(B) An explanation of how the illness or injury would hinder the licensee from completing the continuing education requirement.

(C) The:

(i) name;

(ii) title;

(iii) address;

(iv) telephone number;

(v) professional license number; and

(vi) original signature;

of the licensed physician or psychologist verifying the illness or injury.

(State Board of Registration for Professional Engineers; 864 IAC 1.1-15-8; filed Jul 19, 2010, 11:22 a.m.: 20100818-IR-864090788FRA; readopted filed Nov 22, 2016, 12:27 p.m.: 20161221-IR-864160321RFA; readopted filed Jul 20, 2022, 8:12 a.m.: 20220817-IR-864220189RFA; readopted filed May 30, 2024, 9:44 a.m.: 20240626-IR-864230822RFA)

864 IAC 1.1-15-9 864 IAC 1.1-15-9 Inactive status

864 IAC 1.1-15-9 Inactive status

Authority: IC 25-1-4; IC 25-31-1-17.5

Affected: IC 25

Sec. 9. A professional engineer may apply to the board to renew the professional engineer's registration in an inactive status. No continuing education is required to renew inactive. An inactive professional engineer may not practice engineering while in an inactive status.

(State Board of Registration for Professional Engineers; 864 IAC 1.1-15-9; filed Jul 19, 2010, 11:22 a.m.: 20100818-IR-864090788FRA; readopted filed Nov 22, 2016, 12:27 p.m.: 20161221-IR-864160321RFA; readopted filed Jul 20, 2022, 8:12 a.m.: 20220817-IR-864220189RFA; readopted filed May 30, 2024, 9:44 a.m.: 20240626-IR-864230822RFA)

864 IAC 1.1-15-10 864 IAC 1.1-15-10 Reactivation of inactive license

864 IAC 1.1-15-10 Reactivation of inactive license

Authority: IC 25-1-4; IC 25-31-1-17.5

Affected: IC 25

Sec. 10. To reactivate an inactive license, a professional engineer must do the following:

(1) Apply to the board for reactivation on the application form supplied by the board.

(2) Pay the same fee required to renew an active license.

(3) Show proof of having completed thirty (30) hours of continuing education that meet the requirements of this rule within the two (2) year period immediately prior to the date the reactivation application is filed.

(State Board of Registration for Professional Engineers; 864 IAC 1.1-15-10; filed Jul 19, 2010, 11:22 a.m.: 20100818-IR-864090788FRA; readopted filed Nov 22, 2016, 12:27 p.m.: 20161221-IR-864160321RFA; readopted filed Jul 20, 2022, 8:12 a.m.: 20220817-IR-864220189RFA; readopted filed May 30, 2024, 9:44 a.m.: 20240626-IR-864230822RFA)

Rule 16

864 IAC 1.1-16-1 864 IAC 1.1-16-1 Scope

Rule 16. Convictions of Concern

864 IAC 1.1-16-1 Scope

Authority: IC 25-31

Affected: IC 25-1-1.1-6; IC 25-31

Sec. 1. This document [rule] implements IC 25-1-1.1-6 regarding convictions of concern, which may disqualify an individual for registration by the Indiana board of registration for professional engineers, and includes in section 4 of this document [rule] an explicit list of convictions of concern that may disqualify an individual from receiving a registration.

(State Board of Registration for Professional Engineers; 864 IAC 1.1-16-1; filed Oct 23, 2023, 3:49 p.m.: 20231122-IR-864230041FRA; readopted filed May 30, 2024, 9:44 a.m.: 20240626-IR-864230822RFA)

864 IAC 1.1-16-2 864 IAC 1.1-16-2 Issuance of license

864 IAC 1.1-16-2 Issuance of license

Authority: IC 25-1-1.1-6; IC 25-31

Affected: IC 25-1-1.1-6; IC 25-31

Sec. 2. An applicant for registration who has a conviction of concern may still be granted a license based on the criteria stated in IC 25-1-1.1-6(h).

(State Board of Registration for Professional Engineers; 864 IAC 1.1-16-2; filed Oct 23, 2023, 3:49 p.m.: 20231122-IR-864230041FRA; readopted filed May 30, 2024, 9:44 a.m.: 20240626-IR-864230822RFA)

864 IAC 1.1-16-3 864 IAC 1.1-16-3 Authority to issue license on probation

864 IAC 1.1-16-3 Authority to issue license on probation

Authority: IC 25-1-1.1-6; IC 25-31

Affected: IC 25-1-1.1-6; IC 25-1-11-19; IC 25-31

Sec. 3. This rule and IC 25-1-1.1-6 do not limit the authority of the board to issue a license on probation if appropriate under IC 25-1-11-19 or any other applicable statute.

(State Board of Registration for Professional Engineers; 864 IAC 1.1-16-3; filed Oct 23, 2023, 3:49 p.m.: 20231122-IR-864230041FRA; readopted filed May 30, 2024, 9:44 a.m.: 20240626-IR-864230822RFA)

864 IAC 1.1-16-4 864 IAC 1.1-16-4 Convictions of concern

864 IAC 1.1-16-4 Convictions of concern

Authority: IC 25-1-1.1-6; IC 25-31

Affected: IC 6-3-6-11; IC 7.1-5-1-3; IC 7.1-5-7-8; IC 9-26-1-1.1; IC 9-30-5-4; IC 9-30-5-5; IC 11-8-8-17; IC 11-8-8-18; IC 12-17.2-5-1; IC 12-24-17-3; IC 12-24-17-7; IC 16-36-5-27; IC 16-36-5-28; IC 16-42-19; IC 23-0.5-2-9; IC 23-19-5-2; IC 25; IC 31-33-22; IC 31-34-2.3-7; IC 31-34-2.3-8; IC 35

Sec. 4. The following are convictions of concern:

(1) Crimes involving sexual acts that can be considered without respect to age of conviction are as follows:

(A) Child molesting (IC 35-42-4-3).

(B) Child seduction (IC 35-42-4-7).

(C) Criminal deviate conduct (IC 35-42-4-2) (before its repeal).

(D) Incest (IC 35-46-1-3).

(E) Making an unlawful proposition (IC 35-45-4-3).

(F) Prostitution (IC 35-45-4-2).

(G) Rape (IC 35-42-4-1).

(H) Sexual misconduct with a minor (IC 35-42-4-9(a)).

(2) Crimes of violence that can be considered without respect to age of conviction are as follows:

(A) Aggravated battery (IC 35-42-2-1.5).

(B) Attempted murder (IC 35-41-5-1).

(C) Burglary as a Level 1 felony, Level 2 felony, Level 3 felony, or Level 4 felony (IC 35-43-2-1).

(D) Child exploitation as a Level 5 felony under IC 35-42-4-4(b) or a Level 4 felony under IC 35-42-4-4(c).

(E) Child molesting (IC 35-42-4-3).

(F) Criminal deviate conduct (IC 35-42-4-2) (before its repeal).

(G) Involuntary manslaughter (IC 35-42-1-4).

(H) Kidnapping (IC 35-42-3-2).

(I) Murder (IC 35-42-1-1).

(J) Operating a vehicle while intoxicated causing death. Penalties; death or catastrophic injury; death of a law enforcement animal (IC 9-30-5-5).

(K) Operating a vehicle while intoxicated causing serious bodily injury to another person. Classification of offense; serious bodily injury (IC 9-30-5-4).

(L) Rape (IC 35-42-4-1).

(M) Reckless homicide (IC 35-42-1-5).

(N) Resisting law enforcement as a felony (IC 35-44.1-3-1).

(O) Robbery as a Level 2 felony or a Level 3 felony (IC 35-42-5-1).

(P) Sexual misconduct with a minor as a Level 1 felony under IC 35-42-4-9(a)(2) or a Level 2 felony under IC 35-42-4-9(b)(2).

(Q) Unlawful possession of a firearm by a serious violent felon (IC 35-47-4-5).

(R) Voluntary manslaughter (IC 35-42-1-3).

(3) Abandonment or neglect of vertebrate animals; defense (IC 35-46-3-7).

(4) Abuse of corpse (IC 35-45-11-2).

(5) Adoption deception (IC 35-46-1-9.5).

(6) Agricultural terrorism (IC 35-47-12-2) (before its repeal).

(7) Altering historic property (IC 35-43-1-6).

(8) Armor-piercing ammunition; offense; exception (IC 35-47-5-11.5).

(9) Arson (IC 35-43-1-1).

(10) Assisting a criminal (IC 35-44.1-2-5).

(11) Assisting suicide (IC 35-42-1-2.5).

(12) Attempt under IC 35-41-5-1 to commit an offense listed in this section.

(13) Attempting to purchase handgun by ineligible person (IC 35-47-2.5-15) (before its repeal).

(14) Attendance at fighting contest (IC 35-46-3-10).

(15) Auto theft (IC 35-43-4-2.5) (before its repeal).

(16) Battery (IC 35-42-2-1).

(17) Battery, neglect, or exploitation of endangered adult or person with mental or physical disability; failure to report; unlawful disclosures; referrals; retaliation (IC 35-46-1-13).

(18) Bestiality (IC 35-46-3-14).

(19) Bigamy (IC 35-46-1-2).

(20) Bribery (IC 35-44.1-1-2).

(21) Burglary (IC 35-43-2-1).

(22) Carjacking (IC 35-42-5-2) (before its repeal).

(23) Carrying a handgun without being licensed; exceptions; person convicted of domestic battery (IC 35-47-2-1).

(24) Causing suicide (IC 35-42-1-2).

(25) Cemetery mischief (IC 35-43-1-2.1).

(26) Check deception (IC 35-43-5-5) [sic, (before its repeal)] .

(27) Check fraud (IC 35-43-5-12) [sic, (before its repeal)] .

(28) Child exploitation; possession of child pornography; exemptions; defenses (IC 35-42-4-4).

(29) Child sexual trafficking (IC 35-42-3.5-1.3).

(30) Child solicitation (IC 35-42-4-6).

(31) "Chinese throwing star" defined; related offenses (IC 35-47-5-12).

(32) Computer trespass; computer hoarding programs (IC 35-43-2-3).

(33) Conflict of interest (IC 35-44.1-1-4).

(34) Conspiracy under IC 35-41-5-2 to commit an offense listed in this section.

(35) Consumer product tampering; offenses (IC 35-45-8-3).

(36) Contributing to the delinquency of a minor (IC 35-46-1-8).

(37) Conversion (IC 35-43-4-3).

(38) Corrupt business influence (IC 35-45-6-2).

(39) Counterfeiting; false or fraudulent sales receipts; forgery; application fraud (IC 35-43-5-2).

(40) Criminal confinement (IC 35-42-3-3).

(41) Criminal mischief; institutional criminal mischief; controlled substance criminal mischief (IC 35-43-1-2).

(42) Criminal organization recruitment (IC 35-45-9-5).

(43) Criminal parole violation by a sexual predator (IC 35-44.1-3-9).

(44) Criminal recklessness; element of hazing; liability barred for good faith report or judicial participation (IC 35-42-2-2).

(45) Criminal stalking (IC 35-45-10-5).

(46) Criminal transfer of a firearm (IC 35-47-2.5-16).

(47) Criminal trespass; denial of entry; denial by posting with purple marks; permission to enter; exceptions (IC 35-43-2-2).

(48) Criminal use or possession of code grabbing device (IC 35-45-12-2).

(49) Cruelty to a law enforcement animal (IC 35-46-3-11).

(50) Cruelty to a search and rescue dog (IC 35-46-3-11.3).

(51) Cruelty to a service animal (IC 35-46-3-11.5).

(52) Dangerous control of a firearm (IC 35-47-10-6).

(53) Dangerous possession and unlawful transfer of a firearm (IC 35-47-10-5).

(54) Dealing in a controlled substance by a practitioner (IC 35-48-4-1.5).

(55) Dealing in a controlled substance resulting in death (IC 35-42-1-1.5).

(56) Dealing in a counterfeit substance (IC 35-48-4-5).

(57) Dealing in a schedule I, II, or III controlled substance or controlled substance analog (IC 35-48-4-2).

(58) Dealing in a schedule IV controlled substance or controlled substance analog (IC 35-48-4-3).

(59) Dealing in a schedule V controlled substance or controlled substance analog (IC 35-48-4-4).

(60) Dealing in a substance represented to be a controlled substance (IC 35-48-4-4.5) (before its repeal).

(61) Dealing in a synthetic drug or synthetic drug lookalike substance (IC 35-48-4-10.5) (before its repeal).

(62) Dealing in cocaine or narcotic drug (IC 35-48-4-1).

(63) Dealing in marijuana, hash oil, hashish, or salvia (IC 35-48-4-10).

(64) Dealing in methamphetamine (IC 35-48-4-1.1).

(65) Dealing in paraphernalia (IC 35-48-4-8.5).

(66) Deception (IC 35-43-5-3).

(67) Deception with intent to cause withholding of CPR (IC 16-36-5-28).

(68) Delivery of deadly weapon to intoxicated person (IC 35-47-4-1).

(69) Deploying a booby trap (IC 35-47.5-5-10).

(70) Destruction of declaration; forgery of revocation (IC 16-36-5-27).

(71) Destructive device or explosive to kill, injure, or intimidate or to destroy property (IC 35-47.5-5-8).

(72) Destructive devices (IC 35-47.5-5-2).

(73) Directing laser pointer at public safety officer or state police motor carrier inspector (IC 35-47-4.5-4).

(74) Disarming a law enforcement officer (IC 35-44.1-3-2).

(75) Disrupting operation of aircraft; a Class B felony (IC 35-47-6-1.6).

(76) Dissemination of matter or conducting performance harmful to minors (IC 35-49-3-3).

(77) Distribution of destructive device, explosive, or detonator to a minor (IC 35-47.5-5-5).

(78) Distribution of regulated explosives to persons convicted of felony (IC 35-47.5-5-4).

(79) Domestic battery (IC 35-42-2-1.3).

(80) Domestic violence animal cruelty (IC 35-46-3-12.5).

(81) Dumping controlled substance waste (IC 35-48-4-4.1).

(82) Duties of driver of motor vehicle involved in accident; sentencing (IC 9-26-1-1.1).

(83) Decompression of animals (IC 35-46-3-15).

(84) Enticing or taking a patient away or aiding a patient to escape from the custody of an administrator or a superintendent (IC 12-24-17-7).

(85) Escape (IC 35-44.1-3-4).

(86) Evasion of tax; offenses; prosecution (IC 6-3-6-11).

(87) Exploitation of dependent or endangered adult; financial exploitation of endangered adult; violation classification (IC 35-46-1-12).

(88) Failure of carriers of dangerous communicable diseases to warn persons at risk (IC 35-45-21-3).

(89) Failure to appear (IC 35-44.1-2-9).

(90) Failure to make report (IC 31-33-22-1).

(91) Failure to report a dead body (IC 35-45-19-3).

(92) Failure to respond to a summons (IC 35-44.1-2-10).

(93) False government issued identification (IC 35-43-5-2.5).

(94) False identity statement (IC 35-44.1-2-4).

(95) False reporting; false informing (IC 35-44.1-2-3).

(96) False reports; criminal and civil liability; notification of prosecuting attorney (IC 31-33-22-3).

(97) Feticide (IC 35-42-1-6).

(98) Firearm, explosive, or deadly weapon; possession in commercial or chartered aircraft (IC 35-47-6-1).

(99) Firearm, explosive, or deadly weapon; possession in controlled access areas of an airport (IC 35-47-6-1.3).

(100) Firearms and handguns; giving false information or offering false evidence of identity (IC 35-47-2-17).

(101) Fraud (IC 35-43-5-4).

(102) Fraud on financial institutions (IC 35-43-5-8) [sic, (before its repeal)] .

(103) Ghost employment (IC 35-44.1-1-3).

(104) Harassment; "obscene message" defined (IC 35-45-2-2).

(105) Harboring a non-immunized dog (IC 35-46-3-1).

(106) Hindering or obstructing detection, disarming, or destruction of destructive device (IC 35-47.5-5-7).

(107) Hoax devices or replicas (IC 35-47.5-5-6).

(108) Home improvement fraud (IC 35-43-6-12) [sic, (before its repeal)] .

(109) Homicide (IC 35-42-1).

(110) Human organ trafficking (IC 35-46-5-1).

(111) Human trafficking (IC 35-42-3.5-1.4).

(112) Identity deception (IC 35-43-5-3.5).

(113) Impersonating a firefighter at an emergency incident area (IC 35-44.1-4-7).

(114) Impersonation of a public servant (IC 35-44.1-2-6).

(115) Inappropriate communication with a child (IC 35-42-4-13).

(116) Indecent display by a youth (IC 35-45-4-6).

(117) Inhaling toxic vapors (IC 35-46-6-2).

(118) Inmate fraud (IC 35-43-5-20) [sic, (before its repeal)] .

(119) Insurance fraud; insurance application fraud (IC 35-43-5-4.5) [sic, (before its repeal)] .

(120) Insurance fraud (IC 35-43-5-7.2) [sic, (before its repeal)] .

(121) Intentional signing of false document (IC 23-0.5-2-9).

(122) Interference with custody (IC 35-42-3-4).

(123) Interference with jury service (IC 35-44.1-2-11).

(124) Interference with the reporting of a crime (IC 35-45-2-5).

(125) Interference with witness service (IC 35-44.1-2-12).

(126) Interfering with drug or alcohol screening test (IC 35-43-5-19).

(127) Intimidation (IC 35-45-2-1).

(128) Invasion of privacy; offense; penalties (IC 35-46-1-15.1).

(129) Knife with a detachable blade (IC 35-47-5-2).

(130) Legend drug deception; penalty (IC 35-43-10-3).

(131) Loansharking (IC 35-45-7-2).

(132) Machine gun (IC 35-47-5-8).

(133) Malicious mischief (IC 35-45-16-2).

(134) Making a false sales document (IC 35-43-5-16) [sic, (before its repeal)] .

(135) Making an unlawful proposition (IC 35-45-4-3).

(136) Manufacture of paraphernalia (IC 35-48-4-8.1).

(137) Manufacturing methamphetamine (IC 35-48-4-1.2).

(138) Medicaid fraud (IC 35-43-5-7.1) [sic, (before its repeal)] .

(139) Money laundering; defenses (IC 35-45-15-5).

(140) Neglect, abuse, or maltreatment of a patient in a state institution; penalty (IC 12-24-17-3).

(141) Neglect of a dependent; child selling (IC 35-46-1-4).

(142) Nitrous oxide distribution; nonmedical purposes (IC 35-46-6-3).

(143) Nonsupport of a dependent child (IC 35-46-1-5).

(144) Nonsupport of a parent (IC 35-46-1-7).

(145) Nonsupport of a spouse (IC 35-46-1-6).

(146) Notario publico deception (IC 35-43-5-3.7).

(147) Notary fraud; notarial fraud (IC 35-43-5-23).

(148) Obscene performance (IC 35-49-3-2).

(149) Obstructing a firefighter (IC 35-44.1-4-8).

(150) Obstructing an emergency medical person (IC 35-44.1-4-9).

(151) Obstruction of delivery of prescription drug (IC 35-45-21-5).

(152) Obstruction of justice (IC 35-44.1-2-2).

(153) Obstruction of traffic (IC 35-44.1-2-13).

(154) Obtaining child abuse information under false pretenses; knowingly falsifying records or interfering with an investigation (IC 31-33-22-2).

(155) Offense against computer users (IC 35-43-1-8).

(156) Offense against intellectual property (IC 35-43-1-7).

(157) Offenses concerning Social Security numbers (IC 35-44.2-4-2).

(158) Offenses relating to registration labeling and prescription forms (IC 35-48-4-14).

(159) Official misconduct (IC 35-44.1-1-1).

(160) Operating a motorboat while intoxicated (IC 35-46-9-6).

(161) Operating a vehicle while intoxicated (IC 9-30-5).

(162) Operating loaded machine gun (IC 35-47-5-9).

(163) Operation of home without proper licensure; prohibition (IC 12-17.2-5-1).

(164) Operation of tobacco business near school; prohibited (IC 35-46-1-11.2).

(165) Participation in criminal organization; offense (IC 35-45-9-3).

(166) Perjury (IC 35-44.1-2-1).

(167) Permitting child to possess a firearm (IC 35-47-10-7).

(168) Pointing firearm at another person (IC 35-47-4-3).

(169) Possession of a cellular telephone while incarcerated (IC 35-44.1-3-8).

(170) Possession of a controlled substance or controlled substance analog; obtaining a schedule V controlled substance (IC 35-48-4-7).

(171) Possession of a dangerous device while incarcerated (IC 35-44.1-3-7).

(172) Possession of a fraudulent sales document manufacturing device (IC 35-43-5-15) [sic, (before its repeal)] .

(173) Possession of a knife on school property (IC 35-47-5-2.5).

(174) Possession of animal fighting paraphernalia (IC 35-46-3-8.5).

(175) Possession of cocaine or narcotic drug (IC 35-48-4-6).

(176) Possession of device or substance used to interfere with drug or alcohol screening test (IC 35-43-5-18).

(177) Possession of electronic gaming device; maintaining a professional gambling site; exception for antique slot machines possessed for decorative, historic, or nostalgic purposes (IC 35-45-5-3.5).

(178) Possession of firearms on school property or a school bus; possession of firearms in a motor vehicle parked in a school parking lot (IC 35-47-9-2).

(179) Possession of marijuana, hash oil, hashish, or salvia (IC 35-48-4-11).

(180) Possession of methamphetamine (IC 35-48-4-6.1).

(181) Possession of paraphernalia (IC 35-48-4-8.3).

(182) Possession or sale of drug precursors (IC 35-48-4-14.5).

(183) Professional gambling; professional gambling on the Internet (IC 35-45-5-3).

(184) Profiteering from public service (IC 35-44.1-1-5).

(185) Profiting from adoption (IC 35-46-1-9).

(186) "Machine gun"; prohibited sales or transfers of ownership (IC 35-47-2-7).

(187) Promoting an animal fighting contest (IC 35-46-3-9.5).

(188) Promoting professional gambling; acts constituting; boat manufacturers; public utilities (IC 35-45-5-4).

(189) Promoting prostitution (IC 35-45-4-4).

(190) Promotion of child sexual trafficking; promotion of sexual trafficking of a younger child (IC 35-42-3.5-1.2).

(191) Promotion of human labor trafficking (IC 35-42-3.5-1).

(192) Promotion of human sexual trafficking (IC 35-42-3.5-1.1).

(193) Promotion, use of animals, or attendance with animal at animal fighting contest (IC 35-46-3-9).

(194) Public indecency (IC 35-45-4-1).

(195) Public intoxication prohibited; failure to enforce by a law enforcement officer (IC 7.1-5-1-3).

(196) Public nudity (IC 35-45-4-1.5).

(197) Public safety remote aerial interference (IC 35-44.1-4-10).

(198) Purchase or possession of animals for fighting contests (IC 35-46-3-8).

(199) "Qualified egg bank"; unlawful transfer of human organisms; exceptions; penalties (IC 35-46-5-3).

(200) Railroad mischief (IC 35-43-1-2.3).

(201) Reckless supervision (IC 35-46-1-4.1).

(202) Refusal to aid an officer (IC 35-44.1-3-3).

(203) Registration violations; penalty (IC 11-8-8-17).

(204) Regulated explosives; persons convicted of felonies; prior unrelated convictions (IC 35-47.5-5-3).

(205) Remote aerial harassment (IC 35-45-10-6).

(206) Removal of attack dog's vocal cords; animal cruelty (IC 35-46-3-13).

(207) Residential entry (IC 35-43-2-1.5).

(208) Resisting law enforcement (IC 35-44.1-3-1).

(209) Rioting (IC 35-45-1-2).

(210) Robbery (IC 35-42-5-1).

(211) Sale, distribution, or exhibition of obscene matter (IC 35-49-3-1).

(212) Sale of kit or device for unauthorized use of cable television system services (IC 35-43-5-6.5) [sic, (before its repeal)] .

(213) Sale or distribution of HIV testing equipment (IC 35-45-21-2).

(214) Sale to minors prohibited; furnishing property for the purpose of enabling minors to consume alcohol prohibited (IC 7.1-5-7-8).

(215) Sex offender Internet offense (IC 35-42-4-12).

(216) Sex offender residency restrictions (IC 35-42-4-11).

(217) Sex offender unmanned aerial vehicle offense (IC 35-42-4-12.5).

(218) Sexual battery (IC 35-42-4-8).

(219) Sexual misconduct with a service provider (IC 35-44.1-3-10).

(220) Sexually violent predator; duty to notify (IC 11-8-8-18).

(221) Stolen valor fraud (IC 35-43-5-22) [sic, (before its repeal)] .

(222) Strangulation (IC 35-42-2-9).

(223) Stun guns; purchase, possession, and sale; use in commission of crime; use on law enforcement officer (IC 35-47-8-5).

(224) Synthetic drug or synthetic drug lookalike substance (IC 35-48-4-11.5) (before its repeal).

(225) Synthetic identity deception (IC 35-43-5-3.8) [sic, (before its repeal)] .

(226) "Synthetic urine" (IC 35-43-5-19.5).

(227) Tampering with a water supply; poisoning (IC 35-43-1-5).

(228) Tattooing or body piercing a minor (IC 35-45-21-4).

(229) Terrorism (IC 35-47-12-1) (before its repeal).

(230) Terroristic deception (IC 35-43-5-3.6) (before its repeal).

(231) Terroristic mischief (IC 35-47-12-3) (before its repeal) (before its repeal) [sic] .

(232) Theft (IC 35-43-4-2).

(233) Threats; refusal to join or withdraw [sic, withdrawal] from organization; intimidation offense (IC 35-45-9-4).

(234) Torture or mutilation of a vertebrate animal; killing a domestic animal (IC 35-46-3-12).

(235) Trafficking with an inmate; carrying a deadly weapon into a correctional facility (IC 35-44.1-3-5).

(236) Trafficking with an inmate outside a facility (IC 35-44.1-3-6).

(237) Transferring contaminated body fluids (IC 35-45-21-1).

(238) Unauthorized adoption advertising (IC 35-46-1-21).

(239) Unauthorized adoption facilitation (IC 35-46-1-22).

(240) Undisclosed transport of dangerous device (IC 35-47-6-1.1).

(241) Unlawful acts relating to caves; offense (IC 35-43-1-3).

(242) Unlawful documentation of a gift of organs, tissue, eyes, or body parts (IC 35-46-5-4).

(243) Unlawful employment by a sexual predator (IC 35-42-4-10).

(244) Unlawful entry of school property by a serious sex offender (IC 35-42-4-14).

(245) Unlawful entry to restricted area of airport (IC 35-47-6-1.4).

(246) Unlawful gambling (IC 35-45-5-2).

(247) Unlawful delivery, manufacture, distribution, or possession of a substance represented to be a controlled substance; factors (IC 35-48-4-4.6).

(248) Unlawful manufacture or sale of police or fire insignia (IC 35-44.1-2-8).

(249) Unlawful participation in human cloning; exception (IC 35-46-5-2).

(250) Unlawful photography and surveillance on private property (IC 35-46-8.5-1).

(251) Unlawful possession of a card skimming device (IC 35-43-5-4.3) [sic, (before its repeal)] .

(252) Unlawful possession of a firearm by a domestic batterer (IC 35-47-4-6).

(253) Unlawful possession of a firearm by a serious violent felon (IC 35-47-4-5).

(254) Unlawful practices; investment advisers and investment adviser representatives; investment advisory contract (IC 23-19-5-2).

(255) Unlawful promotion or organization of combative fighting (IC 35-45-18-3).

(256) Unlawful purchase of a handgun (IC 35-47-2.5-14) (before its repeal).

(257) Unlawful sale or possession of a transaction manipulation device (IC 35-43-5-4.6) [sic, (before its repeal)] .

(258) Unlawful transfer of fetal tissue (IC 35-46-5-1.5).

(259) Unlawful use of a communications medium; definitions (IC 35-45-2-3) (before its repeal).

(260) Unlawful use of body armor (IC 35-47-5-13).

(261) Unlawful use of a police radio (IC 35-44.1-2-7).

(262) Use of overpressure device (IC 35-47.5-5-9).

(263) Use of regulated explosive in violation of commission rule (IC 35-47.5-5-11).

(264) Vicarious sexual gratification; sexual conduct in presence of minor (IC 35-42-4-5).

(265) Violation of certain no contact orders; offense; penalty (IC 35-46-1-15.3).

(266) Violation of civil rights (IC 35-46-2-1).

(267) Violation of IC 25-2.1-12 (unauthorized practice of accounting) under IC 25-2.1-13-3.

(268) Violation of IC 25-2.5 (unauthorized practice of acupuncture) under IC 25-2.5-3-4.

(269) Violation of IC 25-3.7 (unauthorized practice of an anesthesiologist assistant) under IC 25-3.7-2-2 [IC 25-3.7-3] .

(270) Violation of IC 25-5.1-4-1 (unauthorized practice of athletic trainer) under IC 25-5.1-4-2.

(271) Violation of IC 25-5.2-2-12 (misconduct by athlete agent) under IC 25-5.2-2-12.

(272) Violation of IC 25-6.1-7-1 (unauthorized practice of auctioneering) under IC 25-6.1-7-1.

(273) Violation of IC 25-6.1-7-2 (violation of auctioneering statute) under IC 25-6.1-7-2.

(274) Violation of IC 25-8-15.4 (unauthorized operation of a tanning facility) under IC 25-8-15.4-25.

(275) Violation of IC 25-10-1 (unauthorized practice of chiropractic) under IC 25-10-1-11.

(276) Violation of IC 25-11-1 (violation of the collection agency statute) under IC 25-11-1-12.

(277) Violation of IC 25-13-1 (unauthorized practice of a dental hygienist) under IC 25-13-1-3.

(278) Violation of IC 25-14-1 (unauthorized practice of dentistry) under IC 25-14-1-25.

(279) Violation of IC 25-14-1-25.5 (preventing a dentist from following retirement procedures) under IC 25-14-1-25.5.

(280) Violation of IC 25-14-4 (unlawful referral services for a dentist) under IC 25-14-4-6.

(281) Violation of IC 25-14.3 (violation of diabetes educator statute) under IC 25-14.3-5-1.

(282) Violation of IC 25-14.5 (unauthorized practice of a dietitian) under IC 25-14.5-7-2.

(283) Violation of IC 25-16-1 (violation of employment services statute) under IC 25-16-1-18 [IC 25-16 was repealed by P.L.149-2023, SECTION 20, effective July 1, 2023.] .

(284) Violation of IC 25-17.3-5 (violation of genetic counselors statute) under IC 25-17.3-5-3.

(285) Violation of IC 25-17.6-8-2 (unauthorized practice of professional geologist) under IC 25-17.6-8-2.

(286) Violation of IC 25-20-1 (unauthorized practice of hearing aid dealer) under IC 25-20-1-21.

(287) Violation of IC 25-20.7-5-1 (unauthorized practice of interior designer) under IC 25-20.7-5-1.

(288) Violation of IC 25-21.5-5-10 (making false statements in an application to become a surveyor) under IC 25-21.5-5-10.

(289) Violation of IC 25-21.5-13-2 (unauthorized practice of surveying) under IC 25-21.5-13-2.

(290) Violation of IC 25-21.8 (unauthorized practice of massage therapy) under IC 25-21.8-7-1.

(291) Violation of IC 25-22.5 (unauthorized practice of medicine, midwifery, osteopathic medicine, or physician assistant) under IC 25-22.5-8-1 and IC 25-22.5-8-2.

(292) Violation of IC 25-22.5 (violation of temporary medical permit statute) under IC 25-22.5-8-3.

(293) Violation of IC 25-23-1 (unauthorized practice of nursing) under IC 25-23-1-27.

(294) Violation of IC 25-23.5-3 (unauthorized practice of occupational therapy) under IC 25-23.5-3-2.

(295) Violation of IC 25-23.6-3 (unauthorized practice of marriage and family therapy) under IC 25-23.6-3-3.

(296) Violation of IC 25-23.6-4 (unauthorized practice of social work) under IC 25-23.6-4-4.

(297) Violation of IC 25-23.6-4.5 (violation of mental health counselor statute) under IC 25-23.6-4.5-4.

(298) Violation of IC 25-23.6-7-6 (providing false information about counselor's educational background) under IC 25-23.6-7-7.

(299) Violation of IC 25-23.6-10.1 (unauthorized practice of addiction counselor or therapist) under IC 25-23.6-10.1-6.

(300) Violation of IC 25-23.6-11-1 (unauthorized use of term "psychotherapy" or "clinical psychology") under IC 25-23.6-11-1.

(301) Violation of IC 25-23.6 (unauthorized use of license issued by behavioral health and human services board) under IC 25-23.6-11-2.

(302) Violation of IC 25-23.6-11-3 (presenting false information to the behavioral health and human services board to obtain license) under IC 25-23.6-11-3.

(303) Violation of IC 25-23.7-7-5 (unauthorized practice of home installing) under IC 25-23.7-7-5.

(304) Violation of IC 25-23.4 (unauthorized practice of direct entry midwife) under IC 25-23.4-3-7.

(305) Violation of IC 25-24-1 (unauthorized practice of optometry) under IC 25-24-1-18.

(306) Violation of IC 25-26-13-29 (unauthorized practice of pharmacy or as a pharmacist) under IC 25-26-13-29.

(307) Violation of any state drug law related to wholesale legend drug distribution (IC 25-26-14).

(308) Violation of IC 25-26-19-9 (unauthorized practice of pharmacy technician) under IC 25-26-19-9.

(309) Violation of IC 25-26-21 (unauthorized provision of home medical equipment provider services) under IC 25-26-21-11.

(310) Violation of IC 25-27-1 (unauthorized practice of physical therapy) under IC 25-27-1-12.

(311) Violation of IC 25-27.5-7 (unauthorized practice of physician assistant) under IC 25-27.5-7-2.

(312) Violation of IC 25-28.5-1 (unauthorized practice of plumbing) under IC 25-28.5-1-31.

(313) Violation of IC 25-29 (unauthorized practice of podiatry) under IC 25-29-9-1.

(314) Violation of IC 25-30-1 (unauthorized practice of being a private investigator) under IC 25-30-1-21.

(315) Violation of IC 25-30-1.3 (unauthorized operation of a security agency) under IC 25-30-1.3-23.

(316) Violation of IC 25-31-1-13 (making a false statement in an application to become an engineer) under IC 25-31-1-13.

(317) Violation of IC 25-31-1 (unauthorized practice of engineering) under IC 25-31-1-27.

(318) Violation of IC 25-31.5-8-7 (unauthorized practice as a registered professional soil scientist) under IC 25-31.5-8-7.

(319) Violation of IC 25-33-1-14 (unlawful use of title "psychologist") under IC 25-33-1-15.

(320) Violation of IC 25-34.5-3 (unauthorized practice of respiratory care) under IC 25-34.5-3-2.

(321) Violation of IC 25-35.6 (unauthorized practice of speech-language pathology and audiology) under IC 25-35.6-3-10.

(322) Violation of IC 25-36.1-2 (violation of certified surgical technology statute) under IC 25-36.1-2-3.

(323) Violation of IC 25-36.5-1-10 (unauthorized practice of timber buying or timber buying agent) under IC 25-36.5-1-10 and IC 25-36.5-1-15.

(324) Violation of IC 25-38.1 (unauthorized practice of veterinary medicine) under IC 25-38.1-4-10.

(325) Violation of IC 25-38.1 (unauthorized practice of veterinary technician) under IC 25-38.1-4-11.

(326) Violation of IC 25-39-5 (unlawful drilling and well installation) under IC 25-39-5.

(327) Violation of IC 25-41-1-1 [sic, (before its repeal)] (unauthorized practice of behavior analyst) under IC 25-41-1-2 [sic, (before its repeal)] .

(328) Violation of Indiana Legend Drug Act (IC 16-42-19).

(329) Violation of order by parent or other custodian of child (IC 31-34-2.3-7).

(330) Violation of order by alleged perpetrator of child abuse or neglect (IC 31-34-2.3-8).

(331) Violations (IC 35-43-9-7) [sic, (before its repeal)] .

(332) Visiting a common nuisance; maintaining a common nuisance (IC 35-45-1-5).

(333) Voyeurism; public voyeurism; aerial voyeurism (IC 35-45-4-5).

(334) Welfare fraud (IC 35-43-5-7) [sic, (before its repeal)] .

(335) Worker's compensation fraud (IC 35-43-5-21) [sic, (before its repeal)] .

(State Board of Registration for Professional Engineers; 864 IAC 1.1-16-4; filed Oct 23, 2023, 3:49 p.m.: 20231122-IR-864230041FRA; readopted filed May 30, 2024, 9:44 a.m.: 20240626-IR-864230822RFA)

864 IAC 1.1-16-5 864 IAC 1.1-16-5 Convictions in another jurisdiction

864 IAC 1.1-16-5 Convictions in another jurisdiction

Authority: IC 25-1-1.1-6; IC 25-31

Affected: IC 25-1-1.1-6; IC 25-31

Sec. 5. A crime in any other jurisdiction for which the elements of the crime for which conviction was entered are substantially similar to the elements of a crime included on the list in section 4 of this rule shall also be a crime that will disqualify an individual from receiving a registration and therefore included on the list.

(State Board of Registration for Professional Engineers; 864 IAC 1.1-16-5; filed Oct 23, 2023, 3:49 p.m.: 20231122-IR-864230041FRA; readopted filed May 30, 2024, 9:44 a.m.: 20240626-IR-864230822RFA)

864 IAC 1.1-16-6 864 IAC 1.1-16-6 Prelicensure determinations; fee

864 IAC 1.1-16-6 Prelicensure determinations; fee

Authority: IC 25-1-1.1-6; IC 25-31

Affected: IC 25-1-1.1-6; IC 25-31

Sec. 6. The fee for a petition under IC 25-1-1.1-6(g) for a determination as to whether the individual's misdemeanor or felony conviction may disqualify the individual from receiving a registration shall be twenty-five dollars ($25).

(State Board of Registration for Professional Engineers; 864 IAC 1.1-16-6; filed Oct 23, 2023, 3:49 p.m.: 20231122-IR-864230041FRA; readopted filed May 30, 2024, 9:44 a.m.: 20240626-IR-864230822RFA)

Rule 17

864 IAC 1.1-17-1 864 IAC 1.1-17-1 Fines and civil penalties

Rule 17. Fines and Civil Penalties

864 IAC 1.1-17-1 Fines and civil penalties

Authority: IC 25-1-11-12; IC 25-31-1-7

Affected: IC 25-4

Sec. 1. (a) Unless otherwise established in this title, fines and civil penalties levied by the board are set at fifty percent (50%) of the statutory maximum. If no statutory maximum is set, the fine or civil penalty is set at one thousand dollars ($1,000).

(b) A fine or civil penalty levied under subsection (a) may be reduced or increased after consideration of the mitigating factors identified in subsection (c) and aggravating factors identified in subsection (d). No fine or civil penalty may be set at less than one hundred dollars ($100).

(c) Mitigating factors include the following:

(1) Inability to pay.

(2) Acknowledging responsibility for underlying conduct.

(3) Acts prior to the underlying conduct to prevent or reduce damage to the public.

(4) Likelihood that the underlying conduct will not recur.

(5) The underlying conduct resulted from provocation, stress, emotional problems, or other circumstances that might offer an explanation.

(6) Timely and voluntary disclosure of the conduct underlying the fine or penalty.

(7) Subsequent remedial acts deemed appropriate by the board.

(d) Aggravating factors include the following:

(1) The underlying conduct resulted in moderate damage to the public.

(2) The underlying conduct resulted in severe damage to the public.

(3) The underlying conduct involved dishonesty or deception.

(4) The underlying conduct occurred as part of an overall pattern of improper conduct.

(5) The underlying conduct was motivated by bias against a protected class.

(6) Previous board discipline.

(7) The underlying conduct involved a vulnerable member of the public, including an individual:

(A) less than twelve (12) years of age;

(B) more than sixty-five (65) years of age;

(C) with a disability; or

(D) under the licensee's care, custody, or control.

(8) Failure to cooperate in a consumer complaint investigation or board proceeding.

(9) Dishonesty during board proceedings.

(State Board of Registration for Professional Engineers; 864 IAC 1.1-17-1; filed Mar 19, 2025, 2:54 p.m.: 20250416-IR-864240606FRA)