2005 Idaho Code - 54-1235 — PRACTICE BY A BUSINESS ENTITY

                                  TITLE  54
                    PROFESSIONS, VOCATIONS, AND BUSINESSES
                                  CHAPTER 12
                           ENGINEERS AND SURVEYORS
    54-1235.  PRACTICE BY A BUSINESS ENTITY. (1) The practice of or offer to
practice professional engineering or professional land surveying, as defined
in this chapter, by professional engineers or professional land surveyors,
through a business entity, or by a business entity through professional
engineers or professional land surveyors, as employees, or officers, is
permitted subject to the provisions of this chapter, provided that all
personnel of such business entity, who act in its behalf as professional
engineers or professional land surveyors in this state are registered as
provided by this chapter, or are persons lawfully practicing under the
exemptions enumerated in this chapter, and further provided that said business
entity, except utilities regulated by the Idaho public utilities commission,
has been issued a certificate of authorization by the board as provided by
this chapter. No business entity shall be relieved of responsibility for the
conduct or acts of its employees or officers by reason of its compliance with
the provisions of this chapter, nor shall any individual practicing
professional engineering or professional land surveying as defined in this
chapter, be relieved of responsibility for engineering or land surveying
services performed by reason of his employment or relationship with such
business entity. All final drawings, specifications, plats, reports, or other
engineering or land surveying papers or documents involving the practice of
professional engineering  or professional land surveying as defined in this
chapter, which shall have been prepared or approved for the use of or for
delivery to any person or for public record within this state shall be dated
and bear the signature and seal of the professional engineer or professional
land surveyor who prepared or approved them.
    (2)  A business entity organized pursuant to this section may provide or
offer to provide allied professional services as defined in section 30-1303,
Idaho Code, in connection with the providing of engineering or land surveying
services, by persons licensed in allied professions acting as employees or
officers, provided such persons are duly licensed or otherwise legally
authorized to render such allied professional services within this state.
    (3)  A business entity desiring a certificate of authorization for
engineering, for land surveying, or for both, shall file with the board a
description of the engineering or land surveying service to be offered or
practiced in the state, an application upon a form to be prescribed by the
board and the designation required by the following paragraph, accompanied by
the application fee.
    (4)  Such business entity shall file with the board a designation of an
individual or individuals duly registered and certified to practice
professional engineering or professional land surveying in this state who
shall be in responsible charge of the practice of professional engineering or
land surveying, as applicable, by said business entity in this state. In the
event there shall be a change in the individual or individuals in responsible
charge, such changes shall be designated in writing and filed with the board
within thirty (30) days after the effective date of such change.
    If all requirements of this chapter are met, the board shall issue to such
business entity a certificate of authorization for professional engineering,
for land surveying, or for both; provided, however, the board may refuse to
issue a certificate if any facts exist which would entitle the board to
suspend or revoke an existing certificate.
    A professional engineer or professional land surveyor who renders
occasional, part-time or consulting engineering or land surveying services to
or for a business entity may not be designated as the person in responsible
charge for the professional activities of the business entity.
    (5)  The secretary of state shall not accept for filing from any person
any assumed business name which includes within its name any of the words
"engineer," "engineering," "land surveyor," "land surveying," or any
modification or derivation thereof, unless the board shall have issued a
letter indicating that the person has a licensed professional in responsible
charge of the professional activities of the sole proprietorship or business
entity. The board may notify the secretary of state, in writing, that it
waives any objection to the name if the person is clearly not governed by
chapter 12, title 54, Idaho Code. The secretary of state shall not accept for
filing the organizational documents of an Idaho business entity, or authorize
the transaction of business by any foreign business entity which includes,
among objects for which it is established or within its name, any of the words
"engineer," "engineering," "land surveyor," "land surveying," or any
modification or derivation thereof, unless the board shall have issued for
said applicant a certificate of authorization or a letter indicating the
eligibility of said applicant to receive such certificate. The board may
notify the secretary of state, in writing, that it waives any objection to the
name or purpose of any business entity if it is clearly not governed by
chapter 12, title 54, Idaho Code. The business entity applying shall include
such certificate or letter from the board with any filings submitted to the
secretary of state.