Pennsylvania Code & Bulletin
COMMONWEALTH OF PENNSYLVANIA

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The Pennsylvania Code website reflects the Pennsylvania Code changes effective through 52 Pa.B. 4384 (July 30, 2022).

49 Pa. Code § 37.81. Misconduct.

DISCIPLINARY PROCESS AND PROCEDURES


§ 37.81. Misconduct.

 A professional engineer, professional land surveyor or professional geologist who is found guilty by the Board of gross negligence, incompetency or misconduct in the practice of engineering, land surveying or geology or of a violation of the Code of Ethics of the profession of engineering or land surveying is subject to disciplinary action under section 4(g) of the act (63 P. S. §  151(g)). Misconduct in the practice of engineering, land surveying or geology includes the following:

   (1)  Being convicted of a criminal offense such as extortion, bribery or fraud or entry of a plea of nolo contendere to a charge thereof for conduct relating to the practice of engineering, land surveying or geology.

   (2)  Being unable to practice engineering, land surveying or geology with reasonable skill and safety by reason of drunkenness, use of controlled substances, chemicals or other types of inhibiting materials, or as a result of a mental or physical incapacity which prevents the practice of engineering, land surveying or geology.

   (3)  Failing to exercise supervision over a person who is authorized by the employer to practice engineering, land surveying or geology only under the supervision of a professional engineer, professional land surveyor or professional geologist.

   (4)  Delegating responsible charge to an individual who the professional engineer, professional land surveyor or professional geologist knows or has reason to know is not qualified by training or experience to personally and independently engage in and be entrusted with the work involved in the practice of engineering, land surveying or geology.

   (5)  Being convicted of a felony in a state or Federal court or being convicted of a misdemeanor in the practice of engineering, land surveying or geology. As used in this paragraph, the term ‘‘convicted’’ includes a finding or verdict of guilt, an admission of guilt or a plea of nolo contendere.

   (6)  Making misleading, deceptive, untrue or fraudulent representations in the practice of engineering, land surveying or geology.

   (7)  Practicing fraud or deceit in obtaining a license to practice engineering, land surveying or geology.

   (8)  Submitting a false or deceptive biennial registration to the Board.

   (9)  Reviewing on behalf of a public entity or an agency of government plans on which the individual performing the review, or a member or employe of the individual’s firm, has participated in any manner, including an advisory capacity. A violation of the act of October 4, 1978 (P. L 883, No. 170) (65 P. S. § §  401—413), known as the Public Official and Employee Ethics Law, as the violation relates to the practice of engineering, land surveying or geology, is a violation of this section and chapter.

   (10)  Violating a provision of the act or this chapter.

   (11)  Having a license to practice engineering, land surveying or geology suspended or revoked or having other disciplinary action taken for conduct relating to the practice of engineering, land surveying or geology, by the proper licensing authority of another state, territory or country.

Source

   The provisions of this §  37.81 adopted January 21, 1994, effective January 22, 1994, 24 Pa.B. 518; amended October 25, 1996, effective October 26, 1996, 26 Pa.B. 5106. Immediately preceding text appears at serial pages (206181) to (206182).

Cross References

   This section cited in 49 Pa. Code §  37.20 (relating to licensure by endorsement).



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