February 11, 1998
Mr. Jerry T. Carter, Executive Secretary North Carolina State Board of Registration for Professional Engineers and Land Surveyors 3620 Six Forks Road, Suite 300 Raleigh, North Carolina 27609
Re: Advisory Opinion – State Board of Registration for Professional Engineers and Land Surveyors; Jurisdiction over Public Employees; N.C.G.S. Chapter 89C
Dear Mr. Carter:
In your letter dated January 14, 1998 you have asked our opinion regarding the jurisdiction of the North Carolina State Board of Registration for Professional Engineers and Land Surveyors ("Board") over a registered Professional Engineer performing assigned duties as a state official or employee.
N.C.G.S. §89C-2 declares the practice of engineering to be subject to regulation in order to safeguard life, health, and property, and to promote the public welfare. As such, it is unlawful for any person to practice or offer to practice engineering in North Carolina without being duly registered by the Board. A person who has been duly registered and licensed becomes a Professional Engineer authorized to engage in the "practice of engineering" as that term is defined by N.C.G.S. §89C-3.
Pursuant to N.C.G.S. §89C-10 the Board is vested with certain jurisdiction over all persons registered as Professional Engineers. This jurisdiction includes the power to require the payment of registration renewal fees; review charges against any Professional Engineer, and; enforce rules of professional conduct. The Board may also impose disciplinary measures against any registered engineer found guilty of fraud, gross negligence or misconduct, professional incompetence, a felony or crime involving moral turpitude, or violation of the Board’s Rules of Professional Conduct. In our view, the Board’s jurisdiction in matters of this nature is unaffected by a Professional Engineer’s status as a public official or employee performing assigned job responsibilities which constitute the "practice of engineering."
In your letter you suggest that an exemption within N.C.G.S. §89C-25(7) may be a factor in our analysis. The provision states that Chapter 89C shall not be construed to prevent or affect internal engineering activities performed by public employees related to inspection, maintenance, and service work such as construction, installation, servicing, and maintenance of streets, street lighting, traffic-control signals, police and fire alarm systems, water works, steam, electric and sewage treatment disposal plants. This exemption is not germane to our conclusion regarding the Board’s jurisdiction over registered Professional Engineers. The exclusion of certain types of engineering activities from the requirement that a registered Professional Engineer be utilized does not restrict the Board’s jurisdiction over registered Professional Engineers where the practice of engineering is involved in the performance of their professional responsibilities.
It is therefore our opinion that the Board is vested with jurisdiction over state officials and employees, who are registered Professional Engineers, in the performance of their assigned duties to the extent that those duties fall within the practice of engineering.
signed by:
Andrew A. Vanore, Jr. Chief Deputy Attorney General
Grayson G. Kelley
Special Deputy Attorney General