Rules and Regulations for Professional Engineering

A.Authority: This Part is promulgated in accordance with R.I. Gen. Laws § 5-8-3 and R.I. Gen. Laws Chapter 5-84 by the Board of Registration for Professional Engineers with the approval of the Director of the Rhode Island Department of Business Regulation. All actions of the Board as described in this Part are subject to the approval of the Director of the Department of Business Regulation pursuant to R.I. Gen. Laws §§ 5-8-3(b), 5-8-8(a)(1), 5-8-18(a), 5-8-18(b), 5-84-5 and 5-84-6.

B.Purpose: The purpose of this Part is to describe and administer the practices and procedures of the Board, and to set forth the rules promulgated to enforce R.I. Gen. Laws §§ 5-8-1 through 5-8-25 for the regulation of the practice of engineering within the State.

C.Scope: This Part applies to the licensing, regulation, and practice of engineering in Rhode Island.

A.In addition to the terms defined in R.I. Gen. Laws § 5-8-2, for the purposes of this Part, the following terms shall have the following meanings:

1.“ABET” means the Accreditation Board for Engineering and Technology.

2."Board" means the State Board of Registration for Professional Engineers, established by R.I. Gen. Laws § 5-8-1, or, when the context permits, to the relevant Administration or personnel thereof.

3.“COA” means Certificate of Authorization.

4.“Department” means the Department of Business Regulation.

5.“Director” means the Director of the Department of Business Regulation.

6.“Division” or “Division of Building, Design and Fire Professionals” means the administrative division of the Department of Business Regulation as defined in R.I. Gen. Laws Chapter 5-84.

7.“EAC” means the Engineering Accreditation Commission, which is part of ABET. See the definition of “Accredited Program” in R.I. Gen. Laws § 5-8-2.

8.“Engineer” means as defined in R.I. Gen. Laws 5-8-2.

9.“ETAC” means the Engineering Technology Accreditation Commission, which is part of ABET. See the definition of “Accredited Program” in R.I. Gen. Laws § 5-8-2.

10.“EIT,” or “Engineer-in-Training” means as defined in R.I. Gen. Laws § 5-8-2.

11.“Experience of a grade and character satisfactory to the Board” means with respect to licensure requirements experience under the supervision of a professional engineer who is registered in any US jurisdiction that indicates to the Board that the applicant is competent to practice engineering.

12.“FE exam” means the Fundamentals of Engineering Exam administered by NCEES.

13.“Firm” means a corporation, limited liability company, partnership, limited liability partnership or sole proprietorship that practices or offers to practice engineering as described by R.I. Gen. Laws § 5-8-24.

14."In responsible charge," as applied to the Professional Engineer, means a Registrant of the Board who exerts direct control and personal supervision over all activities associated with and defined as engineering. An engineer in responsible charge must also exert and have authority to supervise all such regulated activities by the firm with whom he or she is employed or associated with.

15.“NCEES” means the National Council of Examiners for Engineering and Surveying.

16.“Practice of engineering” means as defined in R.I. Gen. Laws § 5-8-2. It includes:

a.Any service or creative work, the adequate performance of which requires engineering education, training, and experience in the application of special knowledge of the mathematical, physical, and engineering sciences to such services or creative work as consultation, investigation, expert technical testimony, evaluation, planning, design and design coordination of engineering works and systems, teaching of advanced engineering subjects, performing evaluation surveys and studies, and the review and/or management of construction for the purpose of monitoring and/or ensuring compliance with drawings and specifications; any of which embraces such services or work, either public or private, in connection with any utilities, structures, buildings, machines, equipment, processes, work systems, projects, communication systems, transportation systems, and industrial or consumer products, or equipment of a control systems, communications, mechanical, electrical, hydraulic, pneumatic, chemical, environmental, or thermal nature, insofar as they involve safeguarding life, health, or property, and including such other professional services as may be necessary to the planning, progress, and completion of any engineering services.

b.“Design coordination” includes the review and coordination of those technical submissions prepared by others, including as appropriate and without limitation, consulting engineers, architects, landscape architects, surveyors, and other professionals working under the direction of the engineer.

17.“PE exam” means the Principles and Practice of Engineering Exam administered by NCEES.

18."Professional engineer" means as defined in R.I. Gen. Laws § 5-8-2.

19."Registrant" or “Licensee” means any person, corporation, partnership, sole proprietorship or other legal entity holding a license, registration or certificate issued by the Board.

20.“Rules of procedure” means the Department of Business Regulation’s Rules of Procedure for Administrative Hearings, 230-RICR-10-00-2.

A.Applications for Registrations as a Professional Engineer and certification as an Engineer-In-Training shall be made on forms prescribed by the Board.

1.Individuals who fail to submit applications for registration or renewals in accordance with the deadlines established by the Board shall be considered to have not complied with the terms and conditions of their registration or registration application. If the Board shall make such a determination, individuals who were previously registered shall be prohibited from the practice of engineering until such time as the Board has reviewed and accepted their application or renewal of their license.

2.Every applicant for registration, or a renewal thereof, shall be responsible for the accuracy and correctness of the information contained on the application. The Board will not alter any application, nor will the Board accept any verbal changes in any application. Each applicant must review their application carefully and, if changes are to be made, they must be made by the applicant in writing.

1.3.1Application Requirements – Professional Engineer

A.All applicants shall comply with the requirements for registration set forth in R.I. Gen. Laws § 5-8-11 for their education classification, whether applying by comity or for an initial registration. Applicants must possess ALL of the qualifications for registration in one of the following categories to be eligible for PE registration in Rhode Island.

1.A Master’s degree in an engineering curriculum from a school with an ABET/EAC accredited undergraduate program may be considered by the Board as being equivalent to up to 1 year of experience.

B.Exams

1.The FE Exams and the PE Exams are administered by NCEES.

a.All applicants are required to comply with such requirements for taking and passing the FE Exam and PE Exam as shall be established by NCEES.

b.The FE Exam (unless waived in accordance with § 1.3.1(C)(1)(a) of this Part) and the PE Exam shall be successfully passed by all applicants.

c.The scope, dates, times and location(s) of the FE Exam and the PE Exam are established by NCEES.

d.All applicants may retake failed NCEES exams as many times as the applicant wishes, as may be permitted by NCEES, and must pay a new fee at each re-examination.

2.Applicants must apply directly to NCEES take the FE Exam and the PE Exam. Board approval is not required to sit for any exam unless the applicant is attempting to take the PE Exam without first having passed the FE Exam.

C.Application Procedures – Professional Engineers - Initial and Comity Registration

1.Upon passing the FE Exam (unless waived in accordance with § 1.3.1(C)(1)(a) of this Part) and the PE Exam, the applicant shall submit a complete application to the Board along with a complete NCEES record containing the information required by R.I. Gen. Laws § 5-8-11, and any applicable fees.

a.FE Exam Waiver – Applicants who meet the statutory qualifications for an FE Exam Waiver set forth in R.I. Gen. Laws § 5-8-11(a)(4)(i) may apply to the Board for an FE Exam Waiver prior to applying to NCEES take the PE Exam by:

(1)Completing the Board’s online application,

(2)Paying the application fee,

(3)Requesting an FE Waiver, and

(4)Transmitting an NCEES Record to the Board with all sections completed except exams.

2.Applicants shall identify in the application which one of the engineering disciplines listed in § 1.3.1(D) of this Part they seek to be assigned.

a.The discipline that will be granted is based upon the applicant’s education, experience and exam taken and passed.

b.Applicants who have only passed one subject matter PE exam, will only be granted one discipline.

c.Multiple disciplined registrations will only be granted, if requested, when PE exams in more than one discipline have been passed.

d.Requesting more than one discipline on an application may result in Board review of the application and may result in longer review times.

D.Engineering Disciplines

1.Since March 14, 1995, starting with registration number 6366, the Board has been issuing PE Registrations with assigned engineering disciplines and the discipline must be included on the PE’s stamp.

2.Professional Engineers shall practice within their discipline and area of competence. All applicants must declare their engineering discipline in their application for registration. The Board will issue Certificates of Registration to those applicants who demonstrate qualifications acceptable to the Board, for a specific discipline. These disciplines are as follows:

a.Agricultural and Biological Engineering

b.Architectural Engineering

c.Chemical

d.Civil

e.Control Systems

f.Electrical and Computer

g.Environmental

h.Fire Protection

i.Industrial and Systems

j.Mechanical

k.Metallurgical and Materials

l.Mining and Mineral Processing

m.Naval Architecture and Marine

n.Nuclear

o.Petroleum

p.Structural

E.Stamps/Seals

1.Each Professional Engineer hereunder may upon registration obtain a stamp/seal of the design indicated by the Department, bearing the Registrant's name, serial number and the legend, “Registered Professional Engineer.” The Registrant's assigned engineering discipline, if applicable in accordance with § 1.3.1(D) of this Part, shall appear on the stamp under the words "Registered Professional Engineer."

2.Final drawings, specifications, plats, and reports prepared by a Registrant shall, when issued, be signed and stamped with the said stamp/seal or facsimile thereof.

3.Electronic Signatures. The Board allows electronic signatures and/or seals on plans submitted to government agencies, such as municipalities and state agencies that accept electronic documentation and electronic signatures and seals as allowed by the Uniform Electronic Transactions Act adopted under R.I. Gen. Laws § 42-127.1-1, et seq. It is incumbent on the Professional Engineer to ensure their electronic signatures and seals are properly encoded to avoid unauthorized use by anyone other than the registered engineer.

F.Renewal of Individual Registration

1.Registrations shall expire on the last day of the month of June in the odd years following their issuance and shall become invalid after that date unless renewed.

2.It shall be the duty of the Board to notify every individual licensed under this Part of the date of the expiration of the certificate of licensure and the amount of the fee required for its renewal. Such notice shall be emailed to the licensee at their last known email address at least one (1) month in advance of the date of the expiration of the certificate.

3.All registrants shall update and maintain their online registration account and ensure all contact information is accurate and current.

4.Renewal may be affected at any time prior to or during the month of June by submitting a complete renewal application and payment of a fee as established by regulation of the Board.

G.Reinstatement of Expired Registration (R.I. Gen. Laws § 5-8-15)

1.A registration which has been allowed to lapse for not more than three (3) years, shall be approved by the Board upon receipt of the required registration fees and statutory penalties.

2.If the registration has been expired for more than three (3) years, the applicant shall complete a reinstatement application, pay the application fee, submit a current NCEES record. The Board may also require a brief outline setting forth the professional activities in Rhode Island of the applicant during the lapsed period. If approved, renewal fees and statutory penalties for each year that the registration was expired must be paid before the registration will be reinstated.

H.Retirement Status.

1.Any Professional Engineer who currently holds a registration issued by the Board that is active and in good standing and who has attained the age of sixty-five (65) may request that his/her registration be placed in retirement status, provided that he/she is not actively engaged in the Practice of Engineering and has submitted an application for retirement status in a form prescribed by the Board and any other information or documents required by the Board.

2.A Professional Engineer Registrant in retirement status may restore his/her active registration to engage in the Practice of Engineering by submitting to the Board a renewal application in a form prescribed by the Board along with payment of the current renewal fee for the registration and any other information or documents required by the Board.

3.Professional Engineer Registrants in retirement status may not offer to engage or engage in the Practice of Engineering, or sign or seal or permit the registrant’s seal or signature to be affixed to any plans, drawings, reports or other documents while their retirement status is in effect. Professional Engineers Registrants in retirement status shall be entitled to use the professional engineer designation in their signature title in correspondence, business cards and other documents, provided they must also include reference to their retirement status as follows “PE (retired)” or “Professional Engineer (retired)”.

I.Temporary Permit. It is the policy of the Rhode Island Board of Registration for Professional Engineers to not issue a temporary permit to practice or offer to practice engineering in the State of Rhode Island. See R.I. Gen. Laws 5-8-21(1).

1.3.2Application for Engineer-in-Training Certification

A.Upon passing the FE Exam, applicants who qualify for an EIT in accordance with R.I. Gen. Laws § 5-8-11(b), shall submit a complete application to the Board verifying the FE Exam, education and experience (if required for the particular degree), containing the required references, and pay the fee.

1.3.3Appeal of Registration Application Denial

A.Pursuant to R.I. Gen. Laws § 5-8-14(d), any party aggrieved by the Board’s decision regarding registration issuance or renewal may, within ten (10) days of the decision, appeal the matter to the Director by submitting a written request for a formal hearing to be conducted consistent with the provisions of R.I. Gen. Laws §§ 5-8-18 and 42-35-9, and the Rules of Procedure, 230-RICR-10-00-2.

A.General Requirements for COAs.

1.Pursuant to R.I. Gen. Laws § 5-8-24, any Firm that practices or offers to practice engineering within the State of Rhode Island must obtain a COA to do so prior to practicing or offering to practice engineering in this State. That COA is issued by this Board after application and review by the Board.

2.Firms which have only one (1) person, may be eligible for a waiver of the fee assessed for a COA if that person is in responsible charge.

3.Each firm which obtains a COA must designate one or more engineers registered in the State of Rhode Island as being in responsible charge of all engineering work. The failure to so designate an engineer shall result in denial of the application.

B.Expirations and Renewals

1.Certificates of authorization for Firms shall expire on the last day of the month of June in the even years following their issuance and shall become invalid after that date unless renewed. It shall be the duty of the Board to notify every Firm holding a COA under this Part of the date of the expiration of the COA and the amount of the fee required for its renewal. Such notice shall be emailed to the firm at its last known email address at least one (1) month in advance of the date of the expiration of the certificate.

2.Renewal may be affected at any time prior to or during the month of June by submitting a complete renewal application and payment of a fee as established by § 1.10 of this Part. Renewal of an expired certificate may be affected under rules promulgated by the Board regarding requirements for penalty fees.

A.A Professional Engineer in responsible charge shall be required to stamp any and all drawings, reports, documents, specifications, plats or other submissions which are required to be stamped by that firm. The engineer in responsible charge shall also be held professionally accountable for the accuracy and correctness of any such documents submitted as well as for the quality and professionalism of the work performed.

B.A Professional Engineer designated as being in responsible charge shall have the authority to approve or disapprove on behalf of the firm any and all activities associated with the regulated profession and such decisions and/or determinations by that individual may not be overturned or altered by any other person or persons associated with that firm except with the approval of the engineer in responsible charge. No registered person or persons may be designated as being in responsible charge of engineering work by any firm, corporation, partnership or sole proprietorship unless and until such time as such designation is done in writing signed by the person in responsible charge.

C.Upon the termination of any designation as in responsible charge, the Registrant must notify the Board within ten (10) days in writing of said termination from the position of being in responsible charge. Until said notice is received, the designated individual shall remain in responsible charge and shall be held accountable for the work performed by that firm, partnership, or sole proprietorship.

A.Grounds for Disciplinary Action—Registrants

1.Pursuant to R.I. Gen. Laws § 5-8-18(a), the Board shall have the power to recommend to the Director that a registrant be disciplined for any causes listed in R.I. Gen. Laws § 5-8-18(b) or for any of the following additional causes:

a.Failure to comply with any of the provisions of these rules and regulations or any of the rules or regulations of the Board.

b.Knowingly making false statements or signing false statements, certifications, or affidavits in connection with the practice of engineering.

c.Aiding or assisting another person in violating any provision of this Part or R.I. Gen. Laws Chapters 5-8 or 5-84.

d.Violating any order or consent agreement imposed by the Board and/or Department or using a seal or practicing engineering while a registration is inactive or restricted.

e.Engaging in dishonorable, unethical, or unprofessional conduct of a character likely to deceive, defraud, or harm the public, or that reflects adversely on the registrant’s fitness to engage in the practice of engineering and is discreditable to the profession.

f.Providing false testimony or information to the Board and/or the Department.

g.Providing engineering services outside any of the licensee’s areas of competence.

B.Grounds for Disciplinary Action—Unregistered Individuals

1.Pursuant to R.I. Gen. Laws § 5-8-20 and Chapter 5-84, the Board and/or the Department shall have the power to investigate allegations of unregistered activity and recommend that the Director pursue an enforcement action against any such person.

C.Grounds for Disciplinary Action—Firms Holding a COA

1.Pursuant to R.I. Gen. Laws § 5-8-18(a) the Board shall have the power to recommend to the Director that a COA be subject to discipline if a firm is found to have engaged in any of the activities listed in R.I. Gen. Laws § 5-8-18(b) or § 1.6(A) of this Part.

2.It is sufficient cause to discipline a firm if one or more of its managing agents, officers, directors, owners, managers or employees violates the provisions of this Part or R.I. Gen. Laws Chapters 5-8 or 5-84.

D.Grounds for Disciplinary Action—Firms Not Holding a COA

1.Any firm found in violation of R.I. Gen. Laws § 5-8-20(b) shall be subject to any administrative penalties or cease and desist orders as permitted by R.I. Gen. Laws Chapter 5-84.

2.It is sufficient cause to discipline a firm if one or more of its managing agents, officers, directors, owners, managers or employees violates the provisions of this Part or R.I. Gen. Laws Chapters 5-8 or 5-84.

E.Complaints, Disciplinary Actions and Administrative Hearings

1.All hearings and enforcement actions shall be conducted in accordance with and subject to the Administrative Procedures Act, R.I. Gen. Laws Chapter 42-35, and the Department’s Rules of Procedure, 230-RICR-10-00-2.

2.Complaints.

a.Any person may file a complaint alleging a violation of any provision R.I. Gen. Laws Chapters 5-8 or 5-84 or of this Part. The Board and/or the Department may, upon its own motion, file a complaint against a professional engineer or firm or any individual or firm conducting unregistered engineering activity.

b.A complaint shall be in writing and state specifically the facts on which the complaint is based.

c.All complaints shall be reviewed by the Board and/or the Department. The Board and/or the Department shall review and investigate the allegations in the complaint which may reasonably constitute cause for disciplinary action.

d.Upon completion of the investigation, the findings shall be presented to the Board and/or the Department for consideration. Thereafter, the Board may take one of the following actions by a vote:

(1)Recommend that the complaint is further investigated.

(2)Allow the person or firm who is the subject of the complaint an opportunity to appear before the Board for an informal discussion regarding the facts and circumstances of the alleged violation. The informal discussion shall constitute a part of the Board’s investigation of the pending disciplinary case. The Board may consider the facts discussed at the informal discussion in the event the matter proceeds to a contested case hearing. The Board may seek a consent agreement to resolve the complaint as a result of the informal discussion.

(3)Determine that the investigation does not warrant a finding that there is a basis for disciplinary action and that no probable cause exists to believe a violation has occurred and close the case and take no further action.

(4)Determine there is probable cause to believe that a violation has occurred and recommend to the Director of the Department that the Department proceed with a contested case hearing or other administrative enforcement action.

F.Administrative Penalties

1.Any person or firm, whether registered or unregistered, who is found to be in violation of R.I. Gen. Laws Chapters 5-8 and 5-84 or this Part, may be assessed an administrative penalty in an amount determined by the Department consistent with the application statutory provision for that violation. The following factors may be considered to determine the amount of the penalty:

a.Whether the amount imposed will be a substantial economic deterrent to the violation;

b.The circumstances leading to the violation;

c.The severity of the violation and the risk of harm to the public;

d.The economic benefits gained by the violator because of non-compliance; and/or

e.The interest of the public. 

G.All disciplinary actions taken by the Department with respect to the Board will be published on the Department’s website to ensure that the public is fully informed as to the identity of the Registrant and nature of the disciplinary action taken by the Department.

A.The purpose of this Code of Ethics is to safeguard life, health, and property, to promote the public welfare, and to maintain a high standard of integrity and practice.

B.These rules shall be binding on every person holding a certificate of registration as a Professional Engineer and on business entities and sole proprietorships authorized to offer or perform engineering services in this State. All Registrants are required to be familiar with the R.I. Gen. Laws Chapter 5-8 and this Part. The "Rules of Professional Conduct" delineate specific obligations the Registrant must meet. In addition, each Registrant is charged with the responsibility of adhering to standards of the highest ethical and moral conduct in all aspects of the practice of professional engineering.

1.All Registrants shall perform their services only in the areas of their discipline and competence according to current standards of technical competence.

2.Registrants shall recognize their responsibility to the public and shall represent themselves before the public only in an objective and truthful manner.

3.Registrants shall avoid conflicts of interest and faithfully serve the legitimate interests of their clients, employers, and customers within the limits defined by these rules. Registrants’ professional reputation shall be built on the merit of their services, and they shall not compete unfairly with others.

C.Obligations to Society

1.Registrants, in the performance of their services for clients, employers, and customers, shall be cognizant that their first and foremost responsibility is to the public welfare.

2.Registrants shall approve and seal only those design documents that conform to accepted engineering standards and safeguard the life, health, property, and welfare of the public.

3.The application of a professional engineer seal shall indicate that the engineer was in responsible charge over the work to which the seal is affixed. Therefore, no Registrant shall affix a name, seal or certification to a plat, drawing, design, specification, or other work constituting the practice of engineering which has been prepared by an unlicensed or uncertified person or firm unless such work was performed under the responsible charge of the engineer.

4.A principal or authorized licensed or certified employee shall apply a seal to final and complete cover sheets of plans, drawings, plats, technical reports, and specification and to each original sheet of plans, drawing or plats, prepared by the engineer or someone under their responsible charge.

a.All seal imprints on final documents shall bear an original signature and date or an electronic stamp and date in accordance with § 1.3.1(E) of this Part.

b.Interim and draft plans, documents, and sketches, whether advance or preliminary copies, must be so identified.

c.All plans, drawings or plats prepared by the Registrant shall bear the Registrants name or firm name, address, and project name.

d.Application of the seal, signature and date indicates acceptance of responsibility by the Registrant sealing said documents for all work shown thereon unless clearly indicated in writing on each sheet.

e.The failure to conform to these requirements shall constitute the failure to seal a document.

5.Registrants shall notify their client or employer and such other authority as may be appropriate when their professional judgment is overruled under circumstances where life, health, property, or welfare of the public is endangered. Such notification shall be in writing when and where practicable.

6.Registrants shall be objective and truthful in professional reports, statements, or testimony. They shall include all relevant and pertinent information in such reports, statements, or testimony.

7.Registrants shall express a professional opinion publicly only when it is founded upon an adequate knowledge of the facts and a competent evaluation of the subject matter.

8.Registrants shall issue no statements, criticisms, or arguments on technical matters which are inspired or paid for by interested parties, unless they explicitly identify the interested parties on whose behalf they are speaking and reveal any interest they have in the matters.

9.Registrants shall not permit the use of their name or firm name by, nor associate in business ventures with, any person or firm which is engaging in fraudulent or dishonest business practices.

10.Registrants having knowledge of possible violations of any of these "Rules of Professional Conduct" must provide the Board with the information necessary for the Board to render a final determination of the propriety of the conduct of any Registrant.

11.Registrants shall, upon request or demand, produce to the Board, or any of its agents, any plan, drawing, document, book, record or copy thereof in his possession concerning a transaction covered by these rules and shall cooperate in the investigation of a complaint filed with the Board against another Registrant.

D.Obligations to Clients or Employer

1.Registrants shall undertake assignments only when qualified by education or experience in the specific technical fields of engineering involved. Registrants are not to be restricted to one discipline, rather, as Professional Engineers they are to practice in their fields of competence, provided however, that in the event this Board shall issue registration and/or licenses in a specific area of practice, no person/firm and/or Registrant shall practice in that area unless registered to do so by this Board.

2.Registrants shall not affix their signatures or seals to any drawings or documents dealing with subject matter in which they lack competence, nor to any such drawing or document not prepared under their responsible charge.

3.Registrants may accept assignments, as the prime design professional, to oversee and to coordinate an entire project, provided that each design segment is signed and sealed by the registrant or individual responsible for preparation of that design segment.

4.Professional Engineers in their capacity as the prime design professional will oversee and coordinate the work of other design professionals embracing those services or work in connection with any public or private utilities, structures, buildings, machines, equipment, processes, work, or projects wherein the public welfare or the safeguarding of life, health, or property is involved or concerned.

5.Registrants shall not reveal facts, data, or information obtained in a professional capacity without the prior consent of the client or employer except as authorized or required by law.

6.Registrants shall not solicit or accept financial or other valuable considerations, directly or indirectly, from contractors, their agents, or other parties in connection with work for clients or employers.

7.Registrants shall make full prior disclosures to their clients or employers of potential conflicts of interest or other circumstances which could influence or appear to influence their judgment or the quality of their service.

8.Registrants shall not accept compensation, financial or otherwise, from more than one party for services pertaining to the same project, unless the circumstances are fully disclosed and agreed to by all interested parties.

9.Registrants shall not solicit or accept a professional contract from a government body on which a principal or officer of their organization serves as a member. Conversely, Registrants serving as members, advisors, or employees of a governmental body or department, who are the principals or employees of private concern, shall not participate in decisions with respect to professional services offered or provided by said concern to the governmental body which they serve.

10.Registrants shall not participate in bribery in the course of soliciting, maintaining, or increasing work.

E.Obligations to Other Registrants

1.Registrants shall not falsify or permit misrepresentation of their or their associates', academic or professional qualifications. They shall not misrepresent or exaggerate their degree of responsibility in prior assignments or the complexity of said assignments. Presentations incident to the solicitation of employment or business shall not misrepresent pertinent facts concerning employers, employees, associates, joint ventures or past accomplishments.

2.Registrants shall not offer, give, solicit, or receive, either directly or indirectly, any commission or gift, or other valuable consideration in order to secure work, and shall not make any political contribution with the intent to influence the award of a contract by a public authority.

3.Registrants shall not attempt to injure, maliciously or falsely, directly or indirectly, the professional reputation, prospects, practice or employment of other Registrants, nor indiscriminately criticize another Registrants’ work.

4.Registrants shall not knowingly use the design, drawings or work of another design professional without the original design professional's knowledge and consent. In the event the consent has been obtained, a thorough review of the design, drawings or work of the design professional will be assumed.

5.Registrants shall be in good standing in every jurisdiction where registered or where engaged in the practice of engineering.

6.Applicants for registration with the Board shall be in good standing in every jurisdiction where licensed or certified and shall not have had a license or certificate suspended, revoked, or surrendered in connection with a disciplinary action. Any person or firm applying for registration in this State shall fully set forth the facts, dates, and circumstances of any prior investigation and/or disciplinary action by any other jurisdiction. The failure to do so shall constitute sufficient grounds for denial of any application submitted to this Board.

A.Any jurisdiction, county, or local government agencies or authorities, or officials or employees thereof, shall not engage in the practice of engineering involving either public or private property without the project being under the responsible charge of a professional engineer in accordance with R.I. Gen. Laws Chapter 5-8 and this Part.

B.Engineered Products and Systems. Registered engineers shall be in responsible charge of all engineering design of buildings, structures, products, machines, processes, and systems that can affect the health, safety, and welfare of the public.

A.Wherever a hearing is required by law, said hearing shall be conducted pursuant to R.I. Gen. Laws § 5-8-18, the Department’s Rules of Procedure for Administrative Hearings, 230-RICR-10-00-2, and in accordance with the Administrative Procedures Act, R.I. Gen. Laws Chapter 42-35. Complaints shall be handled pursuant to 230-RICR-10-00-2.4. Where necessary, the Director of the Department shall appoint a Hearing Officer pursuant to R.I. Gen. Laws § 42-6-8.

B.Requests for declaratory rulings and petitions for rulemaking shall be handled pursuant to the Department’s Regulation for Declaratory Rulings and Petitions, 230-RICR-10-00-3, and in accordance with the Administrative Procedures Act, R.I. Gen. Laws § 42-35-1 et seq.

C.Requests for records pursuant to the Access to Public Records Act shall be handled pursuant to the Department’s Regulation for Access to Public Records, 230-RICR-10-00-1 and the Access to Public Records Act, R.I. Gen. Laws Chapter 38-2.

A.Pursuant to R.I. Gen. Laws §§ 5-8-12, 5-8-14, 5-8-15 and 5-8-24, the Board is authorized to set fees for applications, registrations, certifications, and renewals. To any extent these fees vary from those imposed by statute, the statute controls. All fees are nonrefundable.

A.If any of the provisions of these rules and regulations or if any rule, regulation, or order of the Board or if the application of such provision to any person or circumstance shall be held invalid, the remainder of these rules and regulations and the application of such provision of these rules and regulations or such rule, regulation, or order to persons or circumstances, other than those as to which it is held invalid, shall not be affected thereby.