Alabama Administrative Code Chapter 330-X-15 — Compliance and Enforcement

330 Alabama State Board of Registration for Professional Engineers and Land Surveyors

Ala. Admin. Code r. 330-X-15-.01 Requirements

(1) Section 34-11-9, Code of Ala. 1975, provides that a firm, company, partnership, or corporation may engage or offer to engage in the practice of professional engineering or professional land surveying; provided, the managing agent of the corporation or firm or partners of the partnership and all personnel of the corporation, partnership, or firm who act in its behalf as professional engineers or professional land surveyors in this state are licensed as provided by Title 34, Chapter 11 of the Code of Ala. 1975, and further provided, that the corporation, partnership, or firm has been issued a certificate of authorization by the Board.

(2) In order to be considered eligible for a certificate of authorization (CA), every firm, partnership, or corporation or other entity which performs engineering or land surveying services in the State of Alabama, shall have a resident licensed professional engineer or licensed professional land surveyor as the case may be, who exercises direct control and personal supervision of the engineering or land surveying work for each separate office or branch office in which engineering or land surveying services are performed or offered to be performed. The resident engineer or land surveyor shall be an employee of the firm, corporation, partnership, or association or other entity, engaged in the practice of engineering or land surveying, designated in the CA for the branch office. The managing agent and the designated resident engineer or land surveyor shall only be for one business location.

(3) An engineer or land surveyor who renders occasional or part-time engineering or surveying services to or for a firm may not be designated as being the managing agent of the professional activities of the firm or as being the resident engineer or land surveyor designated in the CA for the branch office.

(4) The managing agent is responsible for notifying the Board within 30 days of any change in the firm name, address, managing agent, or resident engineer or land surveyor during the year.

(5) In the event of a change in the managing agent, the firm cannot perform engineering or land surveying services until such time as a new managing agent is identified to the Board.

(6) In the event of a change in the CA designated branch office resident engineer or land surveyor, engineering or land surveying services cannot be offered or performed from that office location until such time as a new resident engineer or land surveyor is identified to the Board.

(7) Failure by the firm or managing agent to provide notification within 30 days may result in a temporary suspension of the certificate and the certificate will remain suspended until such time as the requirements are met.

History

• Author: Rick Huett (Executive Director), Bonnie Kelly and Griffin Pritchard, Alabama State Board of Registration for Professional Engineers and Land Surveyors
• Authority: Code of Ala. 1975, §§34-11-9, 34-11-35.
• Filed September 22, 1982. Amended: Filed November 14, 1984. Amended: Filed September 13, 1994; effective October 18, 1994. Amended: Filed September 23, 1998; effective October 28, 1998. Repealed and New Rule: Filed December 15, 2004; effective January 19, 2005. Amended: Filed June 22, 2012; effective July 27, 2012. Amended: Filed July 30, 2014; effective September 3, 2014. Amended: Filed November 16, 2018; effective December 31, 2018.

Ala. Admin. Code r. 330-X-15-.02 Application Procedures

(1) All applications for certificates of authorization shall be made in the format provided by the Board and no applications made otherwise will be accepted. An application not properly completed, containing all of the information required, or accompanied by the required fee will no be accepted. As per Section 34-11-5(e), Code of Ala. 1975, application fees will not be refunded.

(a) Applications will include all branch offices located in the state and all branch offices located out-of-state where engineering or land surveying services for Alabama projects is offered or performed.

(b) A separate certificate of authorization is required for engineering and land surveying.

(c) In the event the mailing address submitted is a post office box, there must also be a street address identified for each office from which engineering and land surveying services are provided.

(d) There is no requirement for a physical location in the state.

(2) Upon an individual obtaining a certificate of licensure and the individual is offering engineering or land surveying services through a firm who does not have a certificate of authorization, a certificate of authorization application must be submitted within 30 days of the notification that licensure has been granted.

(3) Withholding information, providing statements which are untrue or misrepresenting the facts may be cause for denial of an application or revocation of the certificate.

(4) When the Board, after due consideration of an application and of information pertaining thereto finds the firm is not eligible for a certificate of authorization, the firm will be denied. The Executive Director will notify the firm of the action of the Board, and for further consideration the firm may submit a new application, without fee, after securing the necessary eligibility, provided the resubmittal is within one year. A firm, who is denied a certificate of authorization has the opportunity to meet with the Board and/or appeal the Board’s decision as provided by Section 34-11-13 and Sections 41-22-12 through 41-22-21, Code of Ala. 1975.

History

• Author: William R. Huett (Executive Director), Bonnie Kelly
• Authority: Code of Ala. 1975, §§34-11-9, 34-11-35.
• Filed September 22, 1982. Amended: Filed November 14, 1984. Amended: Filed September 23, 1998; effective October 28, 1998. Repealed and New Rule: Filed December 15, 2004; effective January 19, 2005. Amended: Filed October 30, 2006; effective December 4, 2006. Amended: Filed November 16, 2018; effective December 31, 2018. Amended: Published November 30, 2021; effective January 14, 2022.

Ala. Admin. Code r. 330-X-15-.03 Reconsideration Of Denied Applications (Repealed 2/14/2025)

(Repealed)

History

• Author: Alabama State Board of Registration for Professional Engineers and Land Surveyors
• Authority: Code of Ala. 1975, §34-11-35.
• New Rule: Filed June 22, 2012; effective July 27, 2012. Repealed: Published December 31, 2024; effective February 14, 2025.

Ala. Admin. Code r. 330-X-15-.04 Renewal Procedures

(1) A certificate of authorization issued to a corporation, partnership or firm shall expire on January 31 of a specified year, if not renewed, and the corporation, partnership or firm may not offer or engage in engineering or land surveying services until the certificate of authorization has been reinstated.

(2) Certificates of Authorization are renewed biennially. Certificate of Authorization holders will be notified no later than two months prior to the date the certificate expires.

History

• Author: Rick Huett (Executive Director), Bonnie Kelly, Griffin Pritchard
• Authority: Code of Ala. 1975, §§34-11-8, 34-11-9, 34-11-35.
• New Rule: Filed December 15, 2004; effective January 19, 2005. Amended: Filed October 30, 2006; effective December 4, 2006. Amended (Rule No. Only): Filed June 22, 2012; effective July 27, 2012. Amended: Filed November 16, 2018; effective December 31, 2018. Amended: Published March 31, 2021; effective May 15, 2021. Amended: Published December 31, 2024; effective February 14, 2025.
• Editor's note: Rule 330-X-15-.03 was renumbered to .04 as pre certification filed June 22, 2012; effective July 27, 2012.