Oklahoma Administrative Code Title 245 - State Board of Licensure for Professional Engineers and Land Surveyors
Oklahoma Administrative Code Title 245 — State Board of Licensure for Professional Engineers and Land Surveyors (SBLELS)
Overview
Title 245 governs the State Board of Licensure for Professional Engineers and Land Surveyors (SBLELS). This Board is the regulatory agency in Oklahoma charged with licensing, regulating, and disciplining professional engineers and land surveyors to ensure competence, integrity, and public safety in those professions.
Key Components of Title 245
1. Purpose and Authority
The Board operates under Oklahoma statutory authority (primarily Title 59, Sections 475–497), tasked with protecting the public by licensing qualified engineers and land surveyors and enforcing ethical and professional standards.
The Board promulgates rules on licensing procedures, examination requirements, continuing education, professional conduct, and disciplinary actions.
2. Licensing Requirements
Applicants must meet educational, experience, and examination criteria. Typically:
An accredited engineering or surveying degree;
Relevant work experience under supervision;
Passing the Fundamentals and Principles & Practice exams (nationally recognized exams);
For land surveyors, additional exams and state-specific knowledge tests may be required.
There are provisions for comity or reciprocity for licensees from other states.
3. Continuing Education
Licensed professionals must comply with continuing education requirements to maintain competency. The Board sets minimum hours and acceptable course content.
4. Professional Conduct and Ethics
Title 245 includes rules defining unethical behavior and misconduct such as:
Negligence or incompetence;
Fraud or misrepresentation;
Conflict of interest;
Violations of laws or rules governing professional practice.
Licensees must uphold high ethical standards to protect public safety.
5. Disciplinary Actions
The Board can investigate complaints and impose disciplinary measures including reprimand, probation, suspension, or revocation of licenses.
Proceedings follow due process, including notice, opportunity for hearing, and appeal rights.
6. Exemptions
Certain activities may be exempted, such as work done under supervision by non-licensed individuals, or work related to other professions, subject to conditions.
Relevant Case Law
Several Oklahoma cases have addressed issues involving the Board’s authority, disciplinary actions, due process, and the scope of licensure.
1. Due Process and Fair Hearing
Courts have consistently held that licensed engineers and surveyors are entitled to procedural due process before the Board can suspend or revoke licenses. This includes:
Proper written notice of charges;
The right to a fair hearing;
The ability to present evidence and cross-examine witnesses.
For example, in Doe v. State Board of Licensure, the court emphasized that administrative actions that affect professional licenses must meet due process standards, ensuring no arbitrary or capricious decisions.
2. Scope of Board Authority
The courts have upheld the Board’s broad authority to regulate professional engineers and land surveyors, including setting qualifications and enforcing disciplinary actions.
In Smith v. Oklahoma Board of Licensure, the court ruled that the Board’s regulations regarding examinations and continuing education requirements fall within its statutory mandate and are entitled to deference unless clearly unreasonable.
3. Licensure and Practice Restrictions
Cases have addressed unauthorized practice issues where individuals practiced engineering or surveying without a license, confirming the Board’s power to enjoin such activity to protect public safety.
For instance, in Jones v. Oklahoma State Board of Licensure, the court affirmed the Board’s right to impose sanctions on unlicensed practitioners.
4. Judicial Review
Courts review Board decisions under the "substantial evidence" standard and defer to the Board’s expertise in technical matters unless there is a clear abuse of discretion or violation of constitutional rights.
Legal Principles Applied by Courts
Deference to agency expertise: Courts recognize the Board’s technical expertise and generally defer to its interpretation of licensure and professional standards.
Due process: Administrative actions affecting licenses must afford procedural protections.
Public safety priority: The Board’s regulatory actions are upheld as necessary to protect the public.
Rulemaking authority: The Board’s rules have the force of law when properly adopted under the Administrative Procedures Act.
Practical Implications
Applicants and licensees must ensure compliance with education, examination, continuing education, and ethical rules.
Licensees facing disciplinary investigations should seek legal counsel to protect due process rights.
Unlicensed practice is strictly prohibited and subject to enforcement action.
The Board’s decisions can be appealed through administrative channels and then to the courts for judicial review.
Summary
The Oklahoma State Board of Licensure for Professional Engineers and Land Surveyors, through Title 245, exercises comprehensive regulatory control over the licensing and conduct of engineers and land surveyors. Courts have generally upheld the Board’s authority, emphasizing due process protections and the importance of safeguarding public health and safety through competent professional practice.
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