§ 59-475.21. Condition for practice of engineering or land surveying by firm.  


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  • A.  The practice of or offer to practice engineering or land surveying by firms authorized under Section 475.1 et seq. of this title, or by more than one person acting individually through a firm, is permitted provided:

    1.  The person(s) in responsible charge of such practice and all personnel who act in behalf of said firm in professional engineering and land surveying matters in this state are licensed under Section 475.1 et seq. of this title; and

    2.  Said firm has been issued a certificate of authorization by the Board.

    B.  An engineering or land surveying firm desiring a certificate of authorization shall file with the Board an application, using a form provided by the Board, and provide all the information required by the Board.  The Board shall prescribe a form to be filed with the renewal fee and which shall be updated within thirty (30) days of the time any information contained on the form is changed or differs for any reason.  If, in the Board's judgment, the information contained on the form warrants such action, the Board shall issue a certificate of authorization for said firm to practice engineering and/or land surveying.

    No such firm shall be relieved of responsibility for the conduct or acts of its agents, employees, officers or partners by reason of its compliance with the provisions of this section.  No individual practicing engineering or land surveying, pursuant to the provisions of Section 475.1 et seq. of this title, shall be relieved of responsibility for engineering or land surveying services performed by reason of employment or other relationship with a firm holding a certificate of authorization.

    C.  The Secretary of State shall not issue a certificate of incorporation to an applicant or a registration as a foreign firm to a firm which includes among the objectives for which it is established any of the words "Engineer", "Engineering", "Surveyor", "Land Surveying" or any modification or derivation thereof unless the Board(s) of Licensure for these professions has issued for said applicant a certificate of authorization or a letter indicating the eligibility of such applicant to receive such a certificate.  The firm applying shall supply such certificate or letter from the Board with its application for incorporation or registration.

    D.  The Secretary of State shall decline to register any trade name or service mark which includes such words, as set forth in subsection C of this section, or modifications or derivatives thereof in its firm name or logotype except those firms holding certificates of authorization issued under the provisions of this section.

    E.  The certificate of authorization shall be renewed as hereinbefore provided in Section 475.16 of this title.

    F.  An engineer or land surveyor designated in responsible charge of the professional activities of a firm for the purposes of this section shall be a full-time employee of the firm.  A licensee who performs only part-time, occasional, or consulting services for a firm shall not qualify as a person designated in responsible charge.

    G.  Out-of-state firms authorized to perform engineering services in Oklahoma may have one or more branch offices located in Oklahoma only if the firm has a professional engineer designated responsible and in charge of the firm's professional practice in this state.  The professional engineer designated for this purpose shall be required to spend a majority of normal business hours at one or more branch offices located in Oklahoma and be duly licensed as a professional engineer in this state.  The professional engineer designated shall be responsible for:

    1.  Maintaining the firm's certificate of authorization;

    2.  Overall administrative supervision of the firm's licensed and subordinate personnel who provide the engineering work in this state; and

    3.  The institution of and adherence to policies of the firm that shall be in accordance with the Rules of Professional Conduct.

Added by Laws 1968, c. 245, § 21, emerg. eff. April 26, 1968.  Amended by Laws 1982, c. 297, § 21; Laws 1992, c. 165, § 18, eff. July 1, 1992; Laws 2005, c. 115, § 20, eff. Nov. 1, 2005; Laws 2012, c. 139, § 8.