KRS § 322.060 Prerequisites for practice of engineering by a business entity -- Permit -- Responsibility for conduct -- Disciplinary action -- Requirement of board certificate or letter for incorporation or for registration as a foreign corporation.

322.060 Prerequisites for practice of engineering by a business entity -- Permit -- Responsibility for conduct -- Disciplinary action -- Requirement of board certificate or letter for incorporation or for registration as a foreign corporation. (1) (a) A business entity shall not engage in the practice of engineering in this state unless: 1. At least one (1) of its principals or officers, or a designated employee, is a professional engineer who is in responsible charge of the engineering work; 2. The professional engineer in responsible charge is located at the Kentucky office, if one is maintained; and 3. The board has issued a permit to the business entity. (b) To apply for a permit, a business entity offering engineering services in this state shall file with the board, on a form prescribed by the board: 1. The names and addresses of all principals and officers; 2. The license number of principals, officers, and employees who are professional engineers in responsible charge of the business entity's practice of engineering in this state; and 3. A list of locations of all offices in this state at which the business entity offers professional engineering services. (c) If more than one (1) place of business is maintained in this state, a professional engineer shall be in responsible charge of the engineering work for each office. (d) A professional engineer who renders occasional, part-time, or consulting engineering services to or for a business entity required to hold a permit from the board under this section shall not be designated as the person in responsible charge of the engineering work unless the professional engineer is an officer or owner of the business entity. (e) A business entity holding a permit shall advise the board in writing within thirty (30) days of any change of status in those items listed in paragraph (b) of this subsection. (f) An individual professional engineer providing engineering services as a sole proprietor in the name listed on his or her individual license, or architectural firms offering engineering services incident to their practice, shall be excluded from the provisions of this subsection. (2) (a) A business entity shall not engage in the practice of land surveying in this state unless: 1. At least one (1) of its principals or officers, or a designated employee, is a professional land surveyor in direct responsible charge of the land surveying work; 2. The professional land surveyor in responsible charge is located at the Kentucky office, if one is maintained; and 3. The board has issued a permit to the business entity. (b) To apply for a permit, a business entity offering land surveying services in this state shall file with the board, on a form prescribed by the board: 1. The names and addresses of all principals and officers; 2. The license numbers of the principals, officers, and employees who are professional land surveyors in responsible charge of the practice of land surveying in this state; and 3. A list of locations of all offices in this state at which the business entity offers professional land surveying services. (c) If more than one (1) place of business is maintained in this state, a professional land surveyor shall be in responsible charge of the land surveying work for each office. (d) A professional land surveyor who renders occasional, part-time, or consulting services to or for a business entity required to hold a permit from the board under this section shall not be designated as the person in responsible charge of the land surveying work unless the professional land surveyor is an officer or owner of the business entity. (e) A business entity holding a permit shall advise the board in writing within thirty (30) days of any change of status. (f) An individual professional land surveyor providing land surveying services as a sole proprietor in the name listed on his or her individual license shall be excluded from the provisions of this subsection. (3) (a) After a business entity applies for a professional engineering or professional land surveying permit and pays the proper fees, the board shall review the application and, upon approval, shall issue a permit. (b) The board may suspend, revoke, or refuse to issue a permit for violation of the code of professional practice and conduct. (c) The expiration date and renewal period for each permit and renewal procedures shall be established by administrative regulations promulgated by the board. (4) (a) No business entity shall be relieved of responsibility for the conduct or acts of its agent, employees, or officers by reason of its compliance with this section. (b) No individual practicing professional engineering or professional land surveying shall be relieved of the responsibility for professional services performed by reason of the individual's employment or relationship with a business entity holding a permit under this section. (5) Disciplinary action against a business entity holding a permit under this section shall be administered in the same manner and on the same grounds as disciplinary action against an individual professional engineer or professional land surveyor. (6) The Secretary of State shall not accept articles of incorporation, articles of organization, statement of qualification or certificate of limited partnership or an application for a certificate of authority to transact business as a foreign corporation, limited liability company or limited partnership or a statement of foreign qualification from a business entity which includes in its name or, among objects for which it is established, any of the words, "engineer," "engineering," "surveyor," "surveying," "land surveying," or any modification or derivation thereof, unless the filing with the Secretary of State includes a certificate or letter from the board. Effective: July 15, 2010 History: Repealed and reenacted 2010 Ky. Acts ch. 51, sec. 141, effective July 15, 2010; and amended 2010 Ky. Acts ch. 163, sec. 6, effective July 15, 2010. -- Amended 2007 Ky. Acts ch. 137, sec. 141, effective June 26, 2007. -- Amended 1998 Ky. Acts ch. 214, sec. 7, effective January 1, 1999. -- Amended 1992 Ky. Acts ch. 96, sec. 2, effective July 14, 1992. -- Amended 1986 Ky. Acts ch. 291, sec. 6, effective July 15, 1986. --Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 1599e-12. Legislative Research Commission Note (7/15/2010). This section was amended by 2010 Ky. Acts ch. 163, and repealed and reenacted by 2010 Ky Acts ch. 51. Pursuant to Section 184 of Acts ch. 51, it was the intent of the General Assembly that the repeal and reenactment not serve to void the amendment, and these Acts do not appear to be in conflict; therefore, they have been codified together.