Chap. 328.—An ACT to provide for the examination and certification of pro-
fessional engineers, architects and land surveyors; and to regulate the
practice of engineering, architecture and land surveying ; to establish their
relation to public works and the surveying and platting of land. [S B 226]

Approved March 19, 1920.

1. Beit enacted by the general assembly of Virginia as follows:
Sec. 1. Within thirty days after this act becomes effective the
governor shall appoint a State board for the examination and certifi-
cation of architects, professional engineers and land surveyors, to be
composed of three architects and three professional engineers and
three land surveyors; who shall have been in the active practice of
their profession as principals or as instructors therein for not less
than ten years previous to their appointment. Three of the members
of said board shall be appointed to hold office for a period of one
year ; one for a period of two years; one for a period of three years;
one for a period of four years; one for a period of five years; one for
a period of six years; and one for a period of seven years; and
thereafter upon the expiration of the terms of office of the person so
appointed, the governor shall appoint their successors for terms of
seven years, and said persons so appointed shall have the above speci-
fied qualifications. In case a successor is not appointed at the expira-
tion of the term of any member such member shall hold office until his
successor has been duly appointed and has qualified. Any vacancy
occurring in the membership of said board shall be filled by the gov-
ernor for the unexpired term.

Sec. 2. The said board shall elect from its membership a presi-
dent, and shall elect a secretary, and may make all necessary rules and
regulations not inconsistent’ with this act, for its own organization,
and as to the professional qualifications of applicants, the requirements
necessary for passing examinations, in whole or in part, and as to all
things necessary or expedient, for the proper conduct of its examina-
tions and the proper discharge of its duties. A quorum of the board
shall consist of not less than two engineer, two architect, and two
land surveyor members.

Sec. 3. The said board shall hold at least one examination each
year in the city of Richmond and at such other places as the board
may designate at such times as it may prescribe by general rule or
special order. It shall issue a certificate to practice as a certified
professional engineer, a certified architect or a certified land surveyor
in this State to every applicant who shall have.complied with the re-
quirements of this act and the rules of the board, which certificates
shall be signed by at least four members of the board.

Sec. 4. The members of said board shall each receive as compensa-
tion ten dollars per diem for the time spent in attendance at meetings
or in conducting examinations, and shall be reimbursed the amount
of actual expenses incurred in the porformance of their duties under
this act. The secretary of the board shall receive such salary as may
be named by the board. The compensation for services and expenses
herein provided, however, shall not exceed the amount received as
fees from applicants for certificates to practice any of the professions
included by this act. |

Sec. 5. In order to defray the compensation and expenses above
provided, and any other expenses incident to the proper discharge of
the duties of the board, each applicant for a certificate to practice as
a certified professional engineer, a certified architect or a certified
land surveyor, as the case may be, in this State shall pay the secretary
of the board a fee of twenty dollars for each examination-in any
branch as defined in this act. If any surplus accumulates from suc’
fees over and above the sum of five hundred dollars, such surplu
shall, at the end of each calendar year, be, by the secretary of th
board, paid into the literary fund of the State. An itemized accoun
of all receipts and expenditures of the said board shall be kept by it
secretary, and a detailed report thereof at the end of each calenda
year, duly verified by affidavit of the said secretary, shall be filed witl
the auditor of public accounts.

Sec. 6. Any person, wishing to practice as a certified professiona
engineer, a certified architect, or a certified land surveyor in this State
who, before this act becomes effective, shall not have been engagec
in the practice of professional engineering, architecture, or land sur.
veying, as the case may be, in this State, shall, before being entitlec
to be known as a certified professional engineer, a certified architec!
or as a certified land surveyor, as the case may be, secure from the saic
board a certificate to practice under the title of certified professiona!
engineer, certified architect, or certified land surveyor, as provided by
this act. But any person residing in or having a place of business in
this State who shall satisfy the board that he has been engaged in
the practice of professional engineering or architecture, for not less
than six years, or land surveying for not less than two vears, before
this act takes effect, shall be granted a certificate, without examination,
upon the payment to the said board of a fee of five dollars.

Sec. 7. Any citizen of the United States or any person who has
declared his intention of becoming such citizen, being at least twenty-
one years of age, of good character, who has had not less than four
years of practical experience in architectural or professional engi-
neering work, or two years in the case of land:surveying, under the
direction or supervision of a certified architect or a certified profes-
sional engineer or a certified land surveyor; or of an engineer, or
architect, or land surveyor of equivalent professional standing; or
who is a graduate in architecture or engineering of a college or school
of recognized standing, may upon the payment of the fee prescribed
by this act, apply for a certificate under this act; but before receiving
such certificate, he shall satisfactorily pass an examination in such
professional subjects as may be prescribed by the board and satisfy
it as to his practical experience and general standing and ability ; pro-
vided, that time spent as a student of architecture, land surveying or
engineering in a college or school of recognized standing shall be
considered the equivalent of an equal amount of practical experience.

In determining the qualifications of applicants for certification as
architects, a majority vote of the architect members of the board only
shall be required; in determining the qualifications of applicants for
certification as professional engineers, a majority vote of the engineer
members of the board only, shall be required ; and in determining the
qualifications of applicants for certification as land surveyors, a ma-
jority vote of the land surveyor members of the board only, shall be
required.

Sec. 8. Nothing in this act shall be construed as excluding any
certified architect from the practice of professional engineering or as
excluding any certified professional engineer from the practice of
architecture. No person shall use any of the titles certified architect;
certiled professional engineer or certified land surveyor, or any other
title that the board may designate, unless he has been duly authorized
to do so by the board.

Sec. 9. The board shall keep a record, open to public inspection
at all reasonable times, of its proceedings, relating to the issuance,
refusal, suspension and revocation of certificates provided for in this
act. This record also shall contain the name, known place of business
of each person certified and the date and number of each certificate
issued under the provisions of this act.

Sec. 10. The said board may revoke any certificate after thirty
days’ notice, with grant of bearing to the holder thereof, if proof sat-
isfactory to the said board be presented in any one or more of the
following cases:

(a) In case it is shown that the certificate was obtained through
fraud or misrepresentation.

(b) In case the holder of the certificate has been found guilty by
said board, or by a court of record, of any fraud or deceit in his pro-
fessional practice, or has been convicted of a felony.

(c) Incase the holder of the certificate has been found guilty by
the said board of gross incompetency or of recklessness in the plan-
ning or construction of work.

(d) In case it is proved to the satisfaction of the said board that
the holder of the certificate is an habitual drunkard, is habitually ad-
dicted to the use of morphine, opium, cocaine, or other drug having a
similar effect. No certificate shall be revoked unless a majority of
the members of the board of the profession involved vote for such
revocation.

Sec. 11. The proceedings for the revocation of a certificate
granted under this act shall be begun by filing written charges against
the accused with the said board. A time and place for the hearing of
the charges shall be fixed by the said board. At the hearing the ac-
cused shall have the right to be represented by counsel, to introduce
evidence and to examine and cross-examine witnesses. The said board
shall make a written report of its findings, which report shall be filed
with the secretary of the Commonwealth, and which shall be con-
clusive.

Sec. 12. After six months from the date this act becomes effective
the use by any person of the title of certified professional engineer,
or certified architect, or certified land surveyor, or the use of any
word or letters or figures indicating or intended to imply that the
person using the same is a certified professional engineer, a certified
architect, or a certified land surveyor, without compliance with the
provisions of this act, shall be deemed a misdemeanor and such person
shall be punishable by a fine of not more than one hundred dollars.

Sec. 13. Nothing in this act shall be construed to exempt any
professional engineer, architect or land surveyor from the payment of
any license tax imposed by existing law.

Sec. 14. Any part of this act that is found to be unconstitutional
shall not invalidate the whole act.

Sec. 15. All laws or parts of laws in conflict with the provisions
of this act shall be and the same are hereby repealed.

Sec. 16. Examination may, by the board, be waived in the case
of applicants to practice as certified architects, certified engineers or
certified surveyor, in the option of the members of the board of the
profession in which application is made to practice, if the applicant be
from another State or territory where the qualifications prescribed
at the time of such certification were equal to those prescribed in this
State, at date of application ; and provided further that a like privilege
is granted in the State from which such applicant comes to applicants
from this State.