2022 Georgia Code
Title 43 - Professions and Businesses
Chapter 15 - Professional Engineers and Land Surveyors
§ 43-15-6. General Powers of Board; Injunctions; Continuing Education

1. In carrying out this chapter, in addition to other powers conferred upon it under this chapter, the board shall have the power:
   1. To adopt and enforce regulations implementing this chapter, including regulations governing the professional conduct of those individuals registered by it;
   2. Under the hand of its chairperson or his or her delegate and the seal of the board, to subpoena witnesses and compel their attendance and to require thereby the production of books, papers, documents, and other things relevant to such investigation in order to investigate conduct subject to regulation by the board; the chairperson or the member of the board who is his or her delegate may administer oaths to witnesses appearing before the board; and the board may secure the enforcement of its subpoenas in the manner provided by Chapter 13 of Title 50, the “Georgia Administrative Procedure Act”;
   3. To maintain in its name an action for injunctive or other appropriate legal or equitable relief to remedy violations of this chapter and, in pursuing equitable remedies, it shall not be necessary that the board allege or prove that it has no adequate remedy at law; and
   4. Through the executive director, to hire investigators for the purpose of conducting investigations. Any person so employed shall be considered to be a peace officer and shall have all powers, duties, and status of a peace officer of this state; provided, however, that, notwithstanding Code Sections 16-11-126 and 16-11-129, such investigators shall only be authorized to carry firearms in the performance of their duties upon written approval of the executive director.
2. In addition to other powers conferred upon the board under this chapter, the board shall through rules and regulations require each individual seeking renewal of a certificate of registration as a professional engineer or a professional structural engineer or a license as a professional land surveyor to complete board approved continuing education of not more than 15 hours annually for professional engineers and professional structural engineers and not more than 7.5 hours annually for professional land surveyors. The board shall be authorized to approve courses offered by institutions of higher learning or offered by other institutions or organizations. The board shall randomly audit some applications for renewal of a certificate of registration or license to enforce compliance with this subsection. The continuing education requirements adopted by the board shall recognize the continuing education requirements imposed by other states to the extent that such continuing education courses meet the requirements imposed by the board. The board shall be authorized to waive the continuing education requirements in cases of hardship, disability, or illness or under such other circumstances as the board deems appropriate. The board shall waive the continuing education requirement for individuals over the age of 65 who have retired from active practice and who apply for an inactive license and for individuals over the age of 65 who are engaged in the active practice of their profession who have had a valid active license for the previous 25 consecutive years. The requirement for continuing education including the exemptions provided for in this subsection shall apply to each licensing renewal cycle which begins after the 1996 renewal cycle.

History. Ga. L. 1945, p. 294, § 12; Code 1933, § 84-2106, enacted by Ga. L. 1975, p. 1048, § 1; Ga. L. 1995, p. 860, § 1; Ga. L. 2001, p. 296, § 1; Ga. L. 2018, p. 583, § 1/SB 425; Ga. L. 2020, p. 642, § 2/SB 310; Ga. L. 2022, p. 604, § 6/HB 476.

The 2018 amendment, effective July 1, 2018, in subsection (b), in the first sentence, substituted “individual” for “person” near the middle, inserted “license as a professional” in the middle, and inserted “professional” preceding “land surveyors” at the end, and, in the third sentence, inserted “or license”.

The 2020 amendment, effective January 1, 2021, in the first sentence of subsection (b), inserted “or a professional structural engineer” and “and professional structural engineers”.

The 2022 amendment, effective May 9, 2022, in paragraph (a)(2), substituted “chairperson” for “chairman” twice and deleted “and” from the end, added “and” at the end of paragraph (a)(3), added paragraph (a)(4); and substituted “15 hours annually” for “30 hours biennially” and “7.5 hours annually” for “15 hours biennially” in the first sentence in subsection (b).

Administrative rules and regulations.

Rules of the professions, Official Compilation of the Rules and Regulations of the State of Georgia, Rules of State Board of Registration for Professional Engineers and Land Surveyors, Chapter 180-1 et seq.