Oklahoma § 59-475.18 - Disciplinary actions - Grounds - Rules of Professional

§ 59-475.18. Disciplinary actions - Grounds - Rules of Professional

Conduct – Definitions.

A. As provided in subsections A and B of Section 475.8 of this

title, the Board shall have the power to deny, place on probation,

suspend, revoke, place practice restrictions on, or refuse to issue

a certificate or license, or fine, reprimand, issue orders, levy

administrative fines or seek other penalties, if a person or entity

is found guilty of:

1. Any fraud or deceit in obtaining or attempting to obtain or

renew a license, or a certificate of authority, or in taking the

examinations administered by the Board or its authorized

representatives;

2. Any fraud, misrepresentation, gross negligence, gross

incompetence, misconduct or dishonest practice, in the practice of

engineering or surveying;

3. Conviction of or entry of a plea of guilty or nolo

contendere to a felony crime that substantially relates to the

practice of engineering or surveying and poses a reasonable threat

to public safety; or conviction of or entry of a plea of guilty or

nolo contendere to any crime, whether a felony, misdemeanor, or

otherwise, an essential element of which is dishonesty or is a

violation of the practice of engineering or surveying;

4. Failure to comply with any of the provisions of this act or

any of the rules or regulations pertaining thereto;

5. Disciplinary action, including voluntary surrender of a

professional engineer's or professional surveyor's license in order

to avoid disciplinary action by another state, territory, the

District of Columbia, a foreign country, the United States

government, or any other governmental agency, if at least one of the

grounds for discipline is the same or substantially equivalent to

those contained in this section;

6. Failure, within thirty (30) days, to provide information

requested by the Board or its designated staff as a result of a

Oklahoma Statutes - Title 59. Professions and Occupations

formal or informal investigation or complaint to the Board which

would indicate a violation of this act;

7. Knowingly making false statements or signing false

statements, certificates or affidavits;

8. Aiding or assisting another person or entity in violating

any provision of this act or the rules or regulations pertaining

thereto;

9. Violation of any terms imposed by the Board, or using a seal

or practicing professional engineering or professional surveying

while the professional engineer's license or professional surveyor's

license is restricted, suspended, revoked, nonrenewed, retired or

inactive;

10. Signing, affixing the professional engineer's or

professional surveyor's seal, or permitting the professional

engineer's or professional surveyor's seal or signature to be

affixed to any specifications, reports, drawings, plans, design

information, construction documents, calculations, other documents,

or revisions thereof, which have not been prepared by, or under the

direct control and personal supervision of the professional engineer

or professional surveyor in responsible charge;

11. Engaging in dishonorable, unethical or unprofessional

conduct of a character likely to deceive, defraud, harm or endanger

the public;

12. Providing false testimony or information to the Board;

13. Habitual intoxication or addiction to the use of alcohol or

to the illegal use of a controlled dangerous substance;

14. Performing engineering or surveying services outside any of

the licensee's areas of competence or an engineer's areas of

competence designated in the official Board records;

15. Violating the Oklahoma Minimum Standards for the Practice

of Surveying; and

16. Failing to obtain the required professional development

hours, as approved by the Board, Board staff or Continuing Education

Committee as required by an audit.

B. The Board shall prepare and adopt Rules of Professional

Conduct for Professional Engineers and Surveyors as provided for in

Section 475.8 of this title. The Board may revise and amend these

Rules of Professional Conduct for Professional Engineers and

Surveyors and shall notify each licensee, in writing, of such

revisions or amendments.

C. Principals of a firm who do not obtain a certificate or

authorization for the firm as required by this act may be subject to

disciplinary action.

D. As used in this section:

1. "Substantially relates" means the nature of criminal conduct

for which the person was convicted has a direct bearing on the

Oklahoma Statutes - Title 59. Professions and Occupations

fitness or ability to perform one or more of the duties or

responsibilities necessarily related to the occupation; and

2. "Poses a reasonable threat" means the nature of criminal

conduct for which the person was convicted involved an act or threat

of harm against another or has a bearing on the fitness or ability

to serve the public or work with others in the occupation.

Added by Laws 1968, c. 245, § 18, emerg. eff. April 26, 1968.

Amended by Laws 1982, c. 297, § 18; Laws 1992, c. 165, § 15, eff.

July 1, 1992; Laws 2005, c. 115, § 17, eff. Nov. 1, 2005; Laws 2008,

c. 312, § 8, eff. Nov. 1, 2008; Laws 2012, c. 139, § 7; Laws 2015,

c. 183, § 3, eff. Nov. 1, 2015; Laws 2017, c. 259, § 16, eff. Nov.

1, 2017; Laws 2019, c. 363, § 19, eff. Nov. 1, 2019; Laws 2024, c.

147, § 27, eff. Nov. 1, 2024.