A.R.S. tit. 32 ch. 1 — Arizona Revised Statutes Title 32 Chapter 1 — Architects, Engineers, Geologists, Home Inspectors, Landscape Architects And Surveyors

32-101. Purpose; definitions A. The purpose of this chapter is to provide for the safety, health and welfare of the public through the promulgation and enforcement of standards of qualification for those individuals who are registered or certified and seeking registration or certification pursuant to this chapter. B. In this chapter, unless the context otherwise requires: 1. "Advertising" includes business cards, signs or letterhead provided by a person to the public. 2. "Alarm" or "alarm system": (a) Means any mechanical or electrical device that is designed to emit an audible alarm or transmit a signal or message if activated and that is used to detect an unauthorized entry into a building or other facility or alert other persons of the occurrence of a medical emergency or the commission of an unlawful act against a person or in a building or other facility. (b) Includes: (i) A silent, panic, holdup, robbery, duress, burglary, medical alert or proprietor alarm that requires emergency personnel to respond. (ii) A low-voltage electric fence. (c) Does not include a telephone call diverter or a system that is designed to report environmental and other occurrences and that is not designed or used to alert or cause other persons to alert public safety personnel. 3. "Alarm agent": (a) Means a person, whether an employee, an independent contractor or otherwise, who acts on behalf of an alarm business and who tests, maintains, services, repairs, sells, rents, leases or installs alarm systems. (b) Does not include any action by a person that: (i) Is performed in connection with an alarm system located on the person's own property or the property of the person's employer. (ii) Is acting on behalf of an alarm business whose work duties do not include visiting the location where an alarm system installation occurs. 4. "Alarm business": (a) Means any person who, either alone or through a third party, engages in the business of either of the following: (i) Providing alarm monitoring services. (ii) Selling, leasing, renting, maintaining, repairing or installing a nonproprietor alarm system or service. (b) Does not include any of the following: (i) A person or company that purchases, rents or uses an alarm that is affixed to a motor vehicle. (ii) A person who owns or conducts a business of selling, leasing, renting, installing, maintaining or monitoring an alarm that is affixed to a motor vehicle. (iii) A person who installs a nonmonitored proprietor alarm for a business that the person owns, is employed by or manages. (iv) The installation or monitoring of fire alarm systems. (v) An alarm system that is operated by a city or town. 5. "Alarm subscriber" means any person who: (a) Leases, rents or purchases any monitored alarm system or service from an alarm business. (b) Leases or rents an alarm system. (c) Contracts with an alarm business for alarm monitoring, installation, repair or maintenance services. 6. "Architect" means a person who, by reason of knowledge of the mathematical and physical sciences and the principles of architecture and architectural engineering acquired by professional education and practical experience, is qualified to engage in the practice of architecture and is registered as an architect pursuant to this chapter. 7. "Architectural practice" means any professional service or creative work requiring architectural education, training and experience, and the application of the mathematical and physical sciences and the principles of architecture and architectural engineering to such professional services or creative work as consultation, evaluation, design and review of construction for conformance with contract documents and design, in connection with any building, planning or site development. A person is deemed to practice or offer to practice architecture who in any manner represents that the person is an architect or is able to perform any architectural service or other services recognized by educational authorities as architecture. 8. "Board" means the state board of technical registration. 9. "Controlling person": (a) Means a person who is designated by an alarm business. (b) Does not include an alarm agent. 10. "Engineer" means a person who by reason of engineering education, training and experience may apply engineering principles and interpret engineering data. 11. "Engineering practice" means any professional service or creative work requiring engineering education, training and experience in applying engineering principles and interpreting engineering data to engineering activities that clearly impact the health, safety and welfare of the public and the engineering design of buildings, structures, products, machines, processes and systems to the extent that the engineering education, training and experience requirements prescribed by sections 32-122 and 32-122.01 are necessary to protect the health, safety and welfare of the public. The services or creative work may include providing planning services, studies, designs, design coordination, drawings, specifications and other technical submissions, surveying as prescribed in paragraph 22, subdivisions (d) and (e) of this subsection, and reviewing construction or other design products for the purposes of monitoring compliance with drawings and specifications related to engineered works. A person employed on a full-time basis as an engineer by an employer engaged in the business of developing, mining and treating ores and other minerals shall not be deemed to be practicing engineering for the purposes of this chapter if the person engages in the practice of engineering exclusively for and as an employee of such employer and does not represent that the person is available and is not represented as being available to perform any engineering services for persons other than the person's employer. A person is deemed to practice engineering if the person does any of the following: (a) Practices any discipline of the profession of engineering or holds out to the public that the person is able and authorized to practice any discipline of engineering. (b) Represents to the public that the person is a professional engineer by a verbal claim, sign, advertisement, letterhead or card or in any other manner. (c) Uses a title that implies that the person is a professional engineer. 12. "Engineer-in-training" means a candidate for registration as a professional engineer who both: (a) Is a graduate in an approved engineering curriculum of four years or more of a school approved by the board or has four years or more of education or experience, or both, in engineering work that meets standards specified by the board in its rules. (b) Has passed the engineer-in-training examination. 13. "Firm" means any individual or partnership, corporation or other type of association, including the association of a nonregistrant and a registrant who offers to the public professional services regulated by the board. 14. "Geological practice" means any professional service or work requiring geological education, training and experience, and the application of special knowledge of the earth sciences to such professional services as consultation, evaluation of mining properties, petroleum properties and groundwater resources, professional supervision of exploration for mineral natural resources including metallic and nonmetallic ores, petroleum and groundwater, and the geological phases of engineering investigations. 15. "Geologist" means a person, who is not required to be a professional engineer, who by reason of special knowledge of the earth sciences and the principles and methods of search for and appraisal of mineral or other natural resources acquired by professional education and practical experience is qualified to practice geology as attested by registration as a professional geologist. A person who is employed on a full-time basis as a geologist by an employer engaged in the business of developing, mining or treating ores and other minerals is not deemed to be engaged in geological practice for the purposes of this chapter if the person engages in geological practice exclusively for and as an employee of such employer and does not represent that the person is available and is not represented as being available to perform any geological services for persons other than the person's employer. 16. "Geologist-in-training" means a candidate for registration as a professional geologist who both: (a) Is a graduate of a school approved by the board or has four years or more of education or experience, or both, in geological work that meets standards specified by the board in its rules. (b) Has passed the geologist-in-training examination. 17. "Home inspection" means a visual analysis for the purposes of providing a professional opinion of the building, any reasonably accessible installed components and the operation of the building's systems, including the controls normally operated by the owner, for the following components of a residential building of four units or less: (a) Heating system. (b) Cooling system. (c) Plumbing system. (d) Electrical system. (e) Structural components. (f) Foundation. (g) Roof covering. (h) Exterior and interior components. (i) Site aspects as they affect the building. (j) Pursuant to rules adopted by the board, swimming pool and spa. 18. "Home inspection report" means a written report that is prepared for compensation, that is issued after a home inspection and that clearly describes and identifies the inspected systems, structures and components of a completed dwelling and any visible major defects found to be in need of immediate major repair and any recommendations for additional evaluation by appropriate persons. 19. "Home inspector" means an individual who is certified pursuant to this chapter as a home inspector and who engages in the business of performing home inspections and writing home inspection reports. 20. "Landscape architect" means a person who, by reason of professional education or practical experience, or both, is qualified to engage in the practice of landscape architecture as attested by registration as a landscape architect. 21. "Landscape architectural practice": (a) Means performing professional services such as consultations, investigation, reconnaissance, research, planning, design or responsible supervision in connection with the development of land and incidental water areas where, and to the extent that, the dominant purpose of such services is the preservation, enhancement or determination of proper land uses, natural land features, ground cover and planting, naturalistic and aesthetic values, the settings of and approaches to buildings, structures, facilities or other improvements, natural drainage and the consideration and the determination of inherent problems of the land relating to erosion, wear and tear, light or other hazards. (b) Includes locating and arranging such tangible objects and features as are incidental and necessary to the purposes outlined in this paragraph. (c) Does not include making cadastral surveys or final land plats for official recording or approval, nor mandatorily include planning for governmental subdivisions. 22. "Land surveying practice" means performing one or more of the following professional services: (a) Measuring land to determine the position of any monument or reference point that marks a property line, boundary or corner for the purpose of determining the area or description of the land. (b) Locating, relocating, establishing, reestablishing, setting, resetting or replacing of corner monuments or reference points that identify land boundaries, rights-of-way or easements. (c) Platting or plotting of lands for the purpose of subdividing. (d) Measuring by angles, distances and elevations natural or artificial features in the air, on the surface and immediate subsurface of the earth, within underground workings and on the surface or within bodies of water for the purpose of determining or establishing their location, size, shape, topography, grades, contours or water surface and depths, and the preparing and perpetuating field note records and maps depicting these features. (e) Setting, resetting or replacing points to guide the location of new construction. 23. "Land surveyor" means a person who by reason of knowledge of the mathematical and physical sciences, principles of land surveying and evidence gathering acquired by professional education or practical experience, or both, is qualified to practice land surveying as attested by registration as a land surveyor. A person employed on a full-time basis as a land surveyor by an employer engaged in the business of developing, mining or treating ores or other minerals is not deemed to be engaged in land surveying practice for purposes of this chapter if the person engages in land surveying practice exclusively for and as an employee of such employer and does not represent that the person is available and is not represented as being available to perform any land surveying services for persons other than the person's employer. 24. "Land surveyor-in-training" means a candidate for registration as a professional land surveyor who both: (a) Is a graduate of a school and curriculum approved by the board or has four years or more of education or experience, or both, in land surveying work that meets standards specified by the board in its rules. (b) Has passed the land surveyor-in-training examination. 25. "Low-voltage electric fence" means a fence that meets all of the following requirements: (a) Has an electric fence energizer that is powered by a commercial storage battery with a rated voltage of not more than twelve volts and that produces an electric charge on contact with the fence. (b) Is completely enclosed by a nonelectric fence or wall. (c) Is continuously monitored. (d) Is attached to ancillary components or equipment such as closed circuit television systems, access controls, battery recharging devices and video cameras. (e) Does not exceed ten feet in height or two feet higher than the nonelectric fence or wall described in subdivision (b) of this paragraph, whichever is higher. (f) Has identification warning signs attached at intervals of not more than sixty feet. (g) Is not installed in an area zoned exclusively for single family or multifamily residential use. (h) Does not enclose property that is used for residential purposes. 26. "Monitored alarm" means a device that is designed to detect an entry on any premises and that if activated generates a notification signal. 27. "Person" means any individual, firm, partnership, corporation, association or other organization. 28. "Principal" means an individual who is an officer of the corporation or is designated by a firm as having full authority and responsible charge of the services offered by the firm. 29. "Professional engineer" means a person who, by reason of special knowledge of the mathematical and physical sciences and the principles and methods of engineering analysis and design acquired by professional education and practical experience, is qualified to practice engineering and is registered as a professional engineer pursuant to this chapter. 30. "Proprietor alarm" means any alarm or alarm system that is owned by an alarm subscriber who has not contracted with an alarm business. 31. "Registrant" means a person who is registered or certified by the board. 32. "Registration" means a registration or certification that is issued by the board. 32-102. State board of technical registration; members; vacancies; terms A. The state board of technical registration is established consisting of members who are appointed by the governor as follows: 1. One architect. 2. One professional engineer. 3. Six public members, at least one of whom has a legal, construction or design product background. 4. One landscape architect. 5. One geologist. 6. One land surveyor. B. On the expiration of any of the terms, a successor who is qualified pursuant to subsection A of this section shall be appointed for a full term of three years. The governor may remove a member of the board for misconduct, incapacity or neglect of duty. Appointment to fill a vacancy caused other than by expiration of term shall be for the unexpired portion of the term. C. A member may not serve more than two consecutive terms. 32-103. Qualifications of members A. Each professional member of the board shall: 1. Be at least twenty-five years of age. 2. Have been a resident of this state for at least three years immediately preceding appointment as a member. B. Each member who is an architect, a geologist, a landscape architect, a professional engineer or a land surveyor shall have at least five years' active professional experience as attested by registration under this chapter. 32-104. Compensation Members of the board are eligible to receive compensation pursuant to title 38, chapter 4, article 1. 32-105. Organization The board shall annually elect from its membership a chairman, vice-chairman and secretary. It shall hold at least two regular meetings each year and such special or called meetings as the rules provide. 32-106. Powers and duties A. The board shall: 1. Adopt rules for conducting its meetings and performing duties imposed on it by law. 2. Adopt an official seal for attesting certificates of registration and other official papers and documents. 3. Consider and act on or delegate the authority to act on applications for registration or certification. 4. Conduct examinations for in-training and professional registration, except for an alarm business, a controlling person or an alarm agent. 5. Hear and act on complaints or charges that are specified by the complainant or direct an administrative law judge to hear and act on complaints and charges that are specified by the complainant. 6. Compel attendance of witnesses, administer oaths and take testimony concerning all matters coming within its jurisdiction. In exercising these powers, the board may issue subpoenas for the attendance of witnesses and the production of books, records, documents and other evidence it deems relevant to an investigation or hearing. 7. Keep a record of its proceedings. 8. Keep a register that shows the date of each application for registration or certification, the name of the applicant, the practice or branch of practice in which the applicant has applied for registration, if applicable, and the disposition of the application. B. The board shall specify the proficiency designation in the branch of engineering in which the applicant has designated proficiency on the certificate of registration and renewal card issued to each registered engineer and shall authorize the engineer to use the title of registered professional engineer. The board shall decide what branches of engineering it shall recognize. C. The board may investigate a complaint pursuant to subsection A, paragraph 5 of this section and may take any necessary disciplinary or enforcement action resulting from a complaint only if the complainant either: 1. Currently has a contractual relationship with the person who is the subject of the complaint or had a contractual relationship with the person at the time of the alleged misconduct. 2. Was harmed by the alleged misconduct or possesses firsthand knowledge of the alleged misconduct. For the purposes of this paragraph, "firsthand knowledge" includes knowledge of the outcome of the misconduct, witnessed by a person with relevant professional experience in the course of that person's contractual duties with the harmed individual. D. The board may hold membership in and be represented at national councils or organizations of proficiencies registered under this chapter and may pay the appropriate membership fees. The board may conduct standard examinations on behalf of national councils and may establish fees for those examinations. E. The board may employ and pay on a fee basis persons, including full-time employees of a state institution, bureau or department, to prepare and grade examinations given to applicants for registration or review an applicant's submissions of required documents for home inspector certification and regulation and may fix the fee to be paid for these services. These employees are authorized to prepare, grade and monitor examinations, review an applicant's submissions of required documents for home inspector certification and regulation and perform other services the board authorizes, and to receive payment for these services from the technical registration fund. The board may contract with an organization to administer the registration examination, including selecting the test site, scheduling the examination, billing and collecting the fee directly from the applicant and grading the examination if a national council of which the board is a member or a professional association approved by the board does not provide these services. If a national council of which the board is a member or a professional association approved by the board does provide these services, the board shall enter into an agreement with the national council or professional association to administer the registration examination. F. The board may rent necessary office space and pay the cost of this office space from the technical registration fund. G. The board may adopt rules establishing rules of professional conduct for registrants. H. The board may require evidence it deems necessary to establish the continuing competency of registrants as a condition of renewal of licenses. I. Subject to title 41, chapter 4, article 4, the board may employ persons as it deems necessary. J. The board shall issue or may authorize the executive director to issue a certificate or renewal certificate to each alarm business and each controlling person and a certification or renewal certification card to each alarm agent if the qualifications prescribed by this chapter are met. 32-106.01. Petition for injunction A. The superior court may issue an injunction immediately upon a petition filed as provided in this section to enjoin the practice of any board regulated profession or occupation by any person not registered or certified to practice the occupations or exempt pursuant to this chapter from registration requirements. B. In a petition for injunction pursuant to subsection A of this section, it shall be sufficient to charge that the respondent on a day certain in a named county engaged in the practice of any board regulated profession or occupation without a registration and without being exempt pursuant to this chapter from registration requirements. No showing of damage or injury shall be required. C. Such petition shall be filed in the name of the state by the board or at the request of the board by the attorney general or any county attorney in any county where the respondent resides or may be found. D. Issuance of an injunction shall not relieve the respondent from being subject to any proceedings pursuant to section 32-145, or otherwise. Any violation of an injunction shall be punished as contempt of court. E. In all other respects, injunction proceedings pursuant to this section shall be governed by title 12, chapter 10, article 1. 32-106.02. Authority to investigate; civil penalties A. The board may initiate a hearing pursuant to title 41, chapter 6, article 10 on receipt of a complaint that a person who is not exempt from this chapter and is not registered or certified under this chapter is practicing, offering to practice or by implication purporting to be qualified to practice any board regulated profession or occupation. The board shall give notice of the hearing by mailing a copy of the complaint to the person's last known address by certified mail return receipt requested. B. If after the hearing the board determines that based on the evidence the person committed a violation under section 32-145, it, in addition to any other sanction, action or remedy, shall issue an order that imposes a civil penalty of no more than two thousand dollars per violation. C. In determining the amount of the civil penalty it imposes, the board shall consider: 1. The seriousness of the violation. 2. The economic benefit to the violator that was generated by the violator's commission of the violation. 3. The violator's history of violations. 4. Any other considerations the board deems appropriate. D. Except as provided in section 41-1092.08, subsection H, a person may seek judicial review of a final administrative decision made or order issued pursuant to this section pursuant to title 12, chapter 7, article 6. E. If a person fails to pay a civil penalty that the board imposes within thirty days after the board issues the order or if the order is stayed pending appeal within ten days after the court enters a final judgment in favor of the board, the board shall notify the attorney general. The attorney general may commence a civil action to recover the penalty. F. An action to enforce an order that was issued under this section may be combined with a petition for injunction under section 32-106.01. G. The board shall deposit, pursuant to sections 35-146 and 35-147, all civil penalties collected under this section in the state general fund. 32-107. Executive director; duties; compensation A. The board may employ an executive director to conduct investigations and carry out the purposes of this chapter. B. The executive director shall be the custodian of the records of the board, receive applications for registration and certification and, if authority is delegated by the board, issue registrations and certifications as authorized by the board, file complaints with the proper officials against violators of any provision of this chapter, assist in the prosecution of such cases and perform other duties the board prescribes. C. The executive director is eligible to receive compensation as determined pursuant to section 38-611. 32-108. Low-voltage electric fence alarm systems; regulation; state preemption The regulation of low-voltage electric fence alarm systems is of statewide concern. The regulation of low-voltage electric fence alarm systems pursuant to this chapter and their use is not subject to further regulation by a county, city, town or other political subdivision of this state. 32-109. Technical registration fund (L24, Ch. 222, sec. 1. Eff. until 7/1/28) A. Pursuant to sections 35-146 and 35-147, the executive director shall deposit fifteen percent of all fees or other revenues received by the board in the state general fund to assist in defraying the cost of maintaining the state government and shall deposit the remaining eighty-five percent in the technical registration fund to be used only in defraying expenses of the board and in prosecuting violations of this chapter. B. Monies deposited in the technical registration fund pursuant to subsection A of this section are subject to section 35-143.01. 32-109. Technical registration fund (L24, Ch. 222, sec. 2. Eff. 7/1/28) A. Pursuant to sections 35-146 and 35-147, the executive director shall deposit ten percent of all fees or other revenues received by the board in the state general fund to assist in defraying the cost of maintaining the state government and shall deposit the remaining ninety percent in the technical registration fund to be used only in defraying expenses of the board and in prosecuting violations of this chapter. B. Monies deposited in the technical registration fund pursuant to subsection A of this section are subject to section 35-143.01. 32-110. Immunity from personal liability Members, agents and employees of the board, members of advisory committees and statutorily established committees of the board and registrants volunteering professional services to emergency services personnel at the scene of a disaster as part of an authorized board program are immune from personal liability with respect to acts done and actions taken in good faith within the scope of their authority. 32-113. Preemption; power of local authorities A. The state legislature determines that the licensure, certification or registration of alarm businesses and alarm agents is a matter of statewide concern. The power to license, register or certify an alarm business or alarm agent is preempted by this state. B. The board, a county, a city, including a charter city, or a town shall not require an alarm business to provide any information regarding the alarm subscribers of the alarm business without a court order. C. A county, city, including a charter city, or town that violates this section shall reimburse a prevailing party for fees and expenses. A court may assess civil penalties against the county or city. 32-121. Certificate or registration required for practice Except as otherwise provided in this section, a person or firm desiring to practice any board-regulated profession or occupation shall first secure a certificate or registration and shall comply with all the conditions prescribed in this chapter. An alarm business or an alarm agent may install alarms if all of the following apply: 1. The alarm business has submitted an application for certification pursuant to section 32-122.05 or is a licensed contractor pursuant to chapter 10 of this title. 2. Each controlling person has submitted an application and proof of a valid fingerprint clearance card to the board pursuant to section 32-122.05. 3. The alarm agent has submitted an application and applied for a fingerprint clearance card pursuant to section 32-122.06. 32-122. Qualifications for in-training designation (L22, Ch. 59, sec. 43) A. An applicant for in-training designation as an engineer, geologist or land surveyor shall: 1. Be a graduate of a school approved by the board or have four years or more of education or experience, or both, in work in the profession in which registration is sought that meets standards specified by the board in its rules. 2. Unless exempt under section 32-126, subsection D, pass the in-training examination in the profession in which registration is sought. B. An applicant for in-training designation as an assayer shall: 1. Be a graduate of a school and curriculum approved by the board or have four years or more of education or experience, or both, in work in the profession in which registration is sought that meets standards specified by the board in its rules. 2. Unless exempt under section 32-126, subsection D, pass the in-training examination in the profession in which registration is sought. 32-122. Qualifications for in-training registration (L22, Ch. 59, sec. 44) A. An applicant for in-training registration as an architect, engineer, geologist or landscape architect shall: 1. Be a graduate of a school approved by the board or have four years or more, or if an applicant for in-training registration as an architect, five years or more, of education or experience, or both, in work in the profession in which registration is sought that meets standards specified by the board in its rules. 2. Unless exempt under section 32-126, subsection D, pass the in-training examination in the profession in which registration is sought. B. An applicant for in-training registration as a land surveyor shall: 1. Be a graduate of a school and curriculum approved by the board, or have four years or more of education or experience, or both, in work in the profession in which registration is sought that meets standards specified by the board in its rules. 2. Unless exempt under section 32-126, subsection D, pass the in-training examination in the profession in which registration is sought. C. An applicant for in-training registration as a home inspector-in-training shall meet the requirements of section 32-122.02, subsection A, paragraphs 1 through 6. 32-122.01. Qualifications for professional registration A. An applicant for professional registration as an architect, engineer, geologist or landscape architect shall: 1. Be actively engaged in education or experience, or both, in the profession for which registration is sought for at least eight years. 2. Unless exempt under section 32-126, pass the applicable in-training and professional examinations in the profession in which registration is sought. B. An applicant for professional registration as a land surveyor shall: 1. Be actively engaged in education or experience, or both, in the profession for which registration is sought for at least six years. 2. Unless exempt under section 32-126, pass the in-training and professional examinations in the profession in which registration is sought. C. In computing the period of active engagement required under this section: 1. Each year of study that is satisfactorily completed in an architectural, engineering, geological or landscape architectural school approved by the board is equivalent to one year of active engagement up to a maximum of five years. One year or more of teaching architectural, engineering, geological or landscape architectural subjects in a school approved by the board is equivalent to one year of active engagement. 2. Each year of study satisfactorily completed in a land surveying curriculum and school approved by the board is considered equivalent to one year of active engagement up to a maximum of four years. One year or more of teaching land surveying or other courses approved by the board as pertinent to the profession in which registration is sought in a school approved by the board is equivalent to one year of active engagement. D. Except as provided in subsection E of this section, experience credited by the board under this section and sections 32-101, 32-122 and 32-126 must be attained under the direct supervision of a professional who is satisfactory to the board and registered in this state, another state or a foreign country in the profession in which the applicant is seeking registration, except that up to one year's experience may be attained under the direct supervision of a professional who is satisfactory to the board and registered in another profession regulated under this chapter in this state, another state or a foreign country. E. By a two-thirds majority vote, the board may allow an applicant except for an architect applicant to meet the requirements of subsection D of this section by crediting comparable experience satisfactory to the board that the applicant attained without direct supervision of a registered professional. 32-122.02. Certification of home inspectors; insurance A. An applicant for certification as a home inspector shall: 1. Be at least eighteen years of age. 2. Have passed within two years preceding application a written examination that is approved by the board and that meets the competency standards adopted by the board. 3. Have passed a course of study that meets the standards approved by the board. 4. Pay a fee as determined by the board and for initial certification shall provide to the board evidence of having a valid fingerprint clearance card issued pursuant to title 41, chapter 12, article 3.1. 5. Not have had a certificate denied or revoked pursuant to this chapter within one year immediately preceding the application. 6. Have received an absolute discharge from sentence at least five years before the application if the person has been convicted of one or more felonies. 7. Provide evidence of the applicant's ability to obtain financial assurance as provided by subsection B of this section. B. Within sixty days after certification and before any fee-based home inspection is performed, a home inspector certified pursuant to this chapter shall file one of the following financial assurances pursuant to rules adopted by the board: 1. Errors and omissions insurance for negligent acts committed in the course of a home inspection in an amount of $200,000 in the aggregate and $100,000 per occurrence. 2. A bond that is retroactive to the certification date in the amount of $25,000 or proof that minimum net assets have a value of at least $25,000. C. If a home inspector loses or otherwise fails to maintain a required financial assurance, the certification shall be automatically suspended and shall be reinstated if a financial assurance is obtained within ninety days. If a financial assurance is not obtained within ninety days, the certification shall be automatically revoked. D. A home inspector is subject to this chapter and rules adopted pursuant to this chapter. E. Except as provided in subsection A, paragraph 4 of this section, the board may not require the submission of a fingerprint clearance card for certification renewal or any other purpose. 32-122.03. Qualifications for registration; reciprocity or endorsement A. Notwithstanding section 32-122.01, a person who meets the qualifications for registration pursuant to this section is eligible for registration. B. An applicant for professional registration as a professional engineer, architect, land surveyor or landscape architect in this state through reciprocity or endorsement shall hold both of the following: 1. A valid license, registration or certification in the profession in which registration is sought that is issued by the proper authority of either: (a) Another state, territory, district or possession of the United States. (b) A country participating in the applicable profession's national council mutual recognition agreement. 2. A valid record from the applicable profession's national council certifying that the individual satisfies that national council's requirements for certification, model law designation or mutual recognition agreement. C. In addition to the requirements prescribed by subsection B of this section, an applicant for registration as a: 1. Professional engineer through reciprocity or endorsement shall hold a record from the profession's national council verifying that the person meets at least one of the following in the branch of engineering in which registration is sought: (a) Has at least four years of experience. (b) Passed a professional national examination. (c) Earned a baccalaureate or equivalent degree or a postgraduate degree. 2. Land surveyor through reciprocity or endorsement shall pass the examination relating to surveying methods and legal principles in this state as prescribed by the board in rule. 32-122.05. Certification of alarm businesses and controlling persons; applications; fingerprinting; fee; renewal A. The board shall issue certificates to alarm businesses and controlling persons. An alarm business may not operate until the alarm business and each of its controlling persons submit applications and receive certification from the board. A separate certificate is required for each business name under which an alarm business conducts business or advertises, except that one certificate may be used for two businesses with the same ownership. To obtain an alarm business certificate, each controlling person of the alarm business shall provide proof to the board of having a valid fingerprint clearance card issued pursuant to title 41, chapter 12, article 3.1. All alarm business certificates and controlling person certificates issued pursuant to this article are valid for three years from the date of issuance. B. An application for an alarm business certificate and for a controlling person certificate shall include: 1. The name, business address, mailing address and telephone number of the alarm business. If the applicant is a corporation, general or limited partnership, limited liability company or other legal entity, the applicant shall state the name of the alarm business exactly as shown in its articles of incorporation, charter, certificate of limited partnership, articles of organization or other organizational documents, as applicable, together with the state and date of incorporation and the name, residence address and date of birth of each controlling person. If one or more of the partners, members or shareholders of the applicant is a corporation or other legal entity, the provisions of this subsection relating to information required of a corporation apply. 2. If the alarm business is a corporation, general or limited partnership, limited liability company or other legal entity, designation of one of its designated controlling persons to have full authority, act as the alarm business's contact with the board and be responsible for the alarm business's compliance with this chapter. Each designated controlling person shall complete and sign all application forms required of an individual alarm agent applicant under this article. The alarm business shall also provide a copy of the corporation, partnership or limited liability company formation documents to the board. 3. The name of the alarm business and each controlling person, any alias or other name used or by which the alarm business or any controlling person has been previously known and the current residence and business addresses, telephone numbers, including fax numbers, and e-mail addresses of each alarm business and each controlling person. 4. The names and addresses of the alarm agents who are employed by the alarm business. 5. Proof that the person submitting the application and each controlling person are at least eighteen years of age as indicated on a current driver license or other picture identification document that is issued by a governmental agency. 6. Two current two-inch by two-inch photographs of each controlling person. 7. Information as to whether the applicant or any controlling person, or the business on behalf of which the certificate is being applied for, has ever been refused or denied any similar registration, certificate, license or permit or has had any similar license or permit revoked, canceled or suspended and the reason or reasons for the revocation, cancellation or suspension. 8. Whether the person submitting the application or any controlling person has been convicted of a felony or misdemeanor. C. In addition to the application requirements prescribed in subsection B of this section, an applicant for an alarm business certificate and an applicant for a controlling person certificate shall pay a fee as determined by the board. D. An applicant for an initial alarm business certificate or an initial controlling person certificate or an applicant for a renewal of an alarm business certificate or a controlling person certificate shall notify the board, in writing, of any change in the information contained in the certificate application or renewal application, including the names of controlling persons or alarm agents that have left the applicant's employment. The applicant shall notify the board within fifteen calendar days after the occurrence of the change. E. An alarm business and each controlling person shall file an application for a certificate renewal with the board no later than fourteen days before the expiration of the certificate that is currently in effect. If a certificate expires without the alarm business or controlling persons having submitted a timely application for renewal, the alarm business may not operate until the holder of the expired certificate files a new application for an initial certificate. 32-122.06. Certification of alarm agents; fee; fingerprinting; temporary certification; renewal A. Each alarm agent shall apply for an alarm agent certification and a renewal certification card from the board. The board shall issue or deny an alarm agent certification card or a renewal certification card within ten business days after receiving an administratively complete application that includes an explanation of any criminal or disciplinary history. All alarm agent certificates issued pursuant to this article are valid for three years from the date of issuance. B. To obtain an alarm agent certificate, a person shall submit an application to the board, pay a fee as determined by the board and provide to the board evidence of having a valid fingerprint clearance card issued pursuant to title 41, chapter 12, article 3.1. On receipt of the application and on the third anniversary of the initial certification for as long as the person is an alarm agent, the board shall verify with the department of public safety the status of the alarm agent's fingerprint clearance card. This subsection does not apply if the alarm agent is also the controlling person and has complied with section 32-122.05. An alarm agent certificate remains valid only if the person maintains a valid fingerprint clearance card. C. A person shall apply for an alarm agent certificate within five working days after being employed by an alarm business. A person may not work as an alarm agent until the application is processed and approved unless the person is under the direct supervision of a certified alarm agent or unless the alarm business employing an alarm agent who is applying for an initial alarm agent certificate certifies that the alarm business has determined through a privately administered background check by a nationally recognized database company that the applicant has not been convicted of a crime that would prevent the applicant from receiving a fingerprint clearance card. The alarm business employing the alarm agent shall provide a copy of the background check to the board on request. A copy of the application showing that the application has been filed with the board and that a background check has been conducted is valid as a sixty-day temporary certification under this subsection. The sixty-day temporary certification may be extended for a period not to exceed an additional thirty days if the applicant shows good cause to the board. When the applicant receives a fingerprint clearance card, the applicant shall provide a copy of the fingerprint clearance card to the board within ten days. If the board determines that a person is working as an alarm agent without a valid certification or temporary certification, the board shall notify the alarm business. A person is subject to disciplinary action and penalties pursuant to this chapter. D. An alarm agent shall physically possess the agent's alarm agent certification card when performing or authorizing the performance of any task pursuant to this chapter. E. An alarm agent certificate card becomes the personal property of the person to whom it is issued. The person shall retain possession of the card. F. If an alarm agent's employment with an alarm business is terminated, the alarm agent shall notify the board in writing within fifteen days after the termination. 32-122.07. Denial of alarm business, controlling person or alarm agent certification; appeal A. The board may deny an application for certification as an alarm business, controlling person or alarm agent if a controlling person of an alarm business or an alarm agent has been convicted of an act involving moral turpitude. B. If the board denies an application for certification as an alarm business, controlling person or alarm agent, the board shall send notice of its action by certified mail to the applicant, setting forth the reasons for the action taken. C. Within thirty days after the date of the notice, the applicant may request a hearing before the board pursuant to title 41, chapter 6, article 10. 32-123. Application for registration and certification; denial; hearing A. A person desiring to practice any board-regulated profession or occupation shall apply for registration or certification on a form prescribed by the board, subscribed under penalty of perjury and accompanied by the appropriate application fee prescribed by the board. If the evidence submitted satisfies the board that the applicant is fully qualified to practice the profession or occupation for which registration or certification is asked, the board or the executive director as authorized by the board shall grant the applicant a certificate of registration or certification, signed by the chairman and secretary and attested by the official seal. If the applicant seeks registration as a professional engineer, the certificate of registration shall list the proficiency designation in the branch of engineering in which the applicant has demonstrated proficiency. B. A registered professional engineer who desires to practice land surveying shall apply for professional registration as a land surveyor and satisfy the requirements set forth in section 32-122.01. C. If in the judgment of the board the applicant has not furnished satisfactory evidence of qualifications for registration or certification, it may require additional data or may require the applicant to submit to an additional oral or written examination specified by the board in its rules. D. An applicant whose application is denied may request a formal hearing pursuant to title 41, chapter 6, article 10. If the application is granted after a formal hearing, the application fee shall be returned. 32-124. Schedule of fees; exemption A. The board shall establish a schedule of fees for the following: 1. Examinations. 2. Applications. 3. Renewals. 4. Board publications. 5. Computer printouts of names of registrants. 6. Photocopies. 7. Copies of audiotapes, videotapes, computer discs or other media used for recording sounds, images or information. 8. Replacement certificates of registration. 9. Review of examinations. 10. Regrading of examinations. 11. Returned checks. B. The board is exempt from the requirements of title 41, chapter 6 in establishing a fee schedule for the fees in subsection A, paragraphs 1, 2, 3, 9 and 10. 32-125. Seals for registrants A. The board shall adopt and prescribe seals for use by registrants who are required by the board to use seals. Each seal shall bear the name of the registrant and shall state the profession in which the registrant is permitted to practice and, in the case of engineering, the branch or branches of engineering in which the registrant has demonstrated proficiency, and other data the board deems pertinent. B. Plans, specifications, plats or reports prepared by a registrant or a registrant's bona fide employee shall be issued under the registrant's seal if the board requires the registrant to use a seal. C. It is unlawful for a registrant whose certificate has expired or has been revoked or suspended to use the seal. D. It is unlawful for any nonregistrant to cause or permit the illegal use of a registrant's seal, signature or stamp on any document prepared by the nonregistrant. E. If the board requires a registrant to use a seal, the registrant is responsible for all documents that the registrant signs, stamps or seals, including those documents prepared by the registrant's bona fide employee. 32-126. Exemptions from examination requirement A. The board shall waive the examination requirement for an applicant, other than an applicant for professional registration as a land surveyor, who satisfies any one of the following: 1. Holds a valid certificate of registration in good standing issued by another state or foreign country which has or had requirements for registration substantially identical to those of this state. 2. Holds a certificate of qualification in good standing issued by a national bureau of registration or certification recognized by the board. 3. Has been actively engaged in another state or foreign country as a professional registrant in the profession in which registration is sought for at least ten years and holds a valid certificate of registration in good standing issued by that state or country. B. A registered professional engineer who holds a proficiency designation in one branch of engineering in this state and seeks an additional or different proficiency designation shall submit evidence to the board of either: 1. Four years of experience acceptable to the board as a registered professional engineer practicing in that branch of engineering in which the person seeks the proficiency designation. 2. Successful completion of the professional examination in the branch of engineering in which the applicant seeks the proficiency designation. C. An applicant for professional registration as a land surveyor who satisfies any one of the requirements of subsection A shall pass the part of the professional land surveyor examination relating to surveying methods and legal principles in this state prescribed by the board in its rules. D. The board shall exempt an applicant from the in-training examination if the applicant is a graduate of a school and curriculum approved by the board and has been actively engaged in experience in the profession for which registration is sought for at least twelve years after graduation. 32-127. Renewal of certification or registration; penalty fee; cancellation; inactive status; renewal fees; home inspector exam requirement A. The board shall establish a system for renewing certification or registration. B. Except as provided in section 32-4301, certificates of registration or certification are invalid after their expiration date unless renewed by payment of the required renewal fee. If the renewal fee is not paid prior to the expiration date, it shall be accompanied by a penalty fee equal to one-sixth of the renewal fee for each year or fraction of a year of delinquency. C. The board shall cancel a certificate of registration or certification if the registration or certification has remained invalid for at least one renewal period. Before the board may issue a valid registration or certification: 1. If the registration or certification has been invalid for less than five years or has been invalid for at least five years but the person has practiced as a licensed, certified or registered professional in that profession in another jurisdiction for the five years immediately before the date of the person's application with the board: (a) The person shall apply as a new candidate and pay the application fee. (b) The person is not required to take and pass the applicable professional examination. 2. If the registration or certification has been invalid for at least five years and the person has not practiced as a licensed, certified or registered professional in that profession in any other jurisdiction for the five years immediately before the date of the person's application with the board, the person shall apply as a new candidate, pay the application fee and take and pass the professional examination. D. A registrant shall not practice, offer to practice or advertise if the certificate of registration or the certification is inactive or invalid. E. A registrant who retires from the active practice of any board-regulated profession or occupation or who is not currently practicing that board-regulated profession or occupation in this state may request that the board place the registrant's certificate of registration or certification on inactive status. The registrant shall submit the request in writing to the board. F. If the board has invalidated, pursuant to subsection B of this section, the certificate of registration of a registrant who seeks to place the certificate of registration on inactive status, the registrant shall submit all penalty fees that are due with the registrant's application for inactive status. G. A registrant shall not place the registrant's certificate of registration on inactive status if the person's certificate of registration has been canceled by the board pursuant to subsection C of this section. H. A registrant who holds an inactive certificate of registration may apply to the board to reactivate the certificate of registration. The board shall reactivate an inactive certificate of registration if the registrant submits a completed application on a form prescribed by the board and meets the qualifications for professional registration set forth in section 32-122.01. A registrant who seeks reactivation of the registrant's certificate of registration and who has not been engaged in the profession in which the registrant seeks reactivation for the five years immediately preceding the date of the application for reactivation shall take the applicable professional examination. I. The board shall establish the renewal fee for each certificate or registration issued pursuant to this chapter. J. Notwithstanding subsection C of this section, a home inspector who has had a certification canceled pursuant to subsection C of this section shall apply as a new candidate and pay the application fee. If the applicant has not taken and passed the board-approved national examination within the two years immediately preceding the date of application, the applicant shall take and pass the examination for certification. 32-128. Disciplinary action; letter of concern; judicial review A. The board may take the following disciplinary actions, in combination or alternatively: 1. Revocation of a certification or registration. 2. Suspension of a certification or registration for a period of not more than three years. 3. Imposition of an administrative penalty of not more than two thousand dollars for each violation of this chapter or rules adopted pursuant to this chapter. 4. Imposition of restrictions on the scope of the registrant's practice. 5. Imposition of peer review and professional education requirements. 6. Imposition of probation requirements that are best adapted to protect the public safety, health and welfare and that may include a requirement for restitution payments to professional services clients or to other persons suffering economic loss resulting from violations of this chapter or rules adopted pursuant to this chapter. 7. Issuance of a letter of reprimand informing a person regulated under this chapter of a violation of this chapter or rules adopted by the board. B. The board may issue a letter of concern if the board believes there is insufficient evidence to support disciplinary action against the registrant or home inspector but sufficient evidence for the board to notify the registrant or home inspector of the board's concern. A letter of concern is a public document. C. The board may take disciplinary action against the holder of a certificate or registration under this chapter who is charged with the commission of any of the following acts: 1. Fraud or misrepresentation in obtaining a certificate of qualification, whether in the application or qualification examination. 2. Gross negligence, incompetence, bribery or other misconduct in the practice of the profession. 3. Aiding or abetting an unregistered or uncertified person to evade this chapter or knowingly combining or conspiring with an unregistered or uncertified person, or allowing one's registration or certification to be used by an unregistered or uncertified person or acting as agent, partner, associate or otherwise of an unregistered or uncertified person, with intent to evade this chapter. 4. Violation of this chapter or board rules. 5. Failing to pay a collaborating registered professional within seven calendar days after the registrant receives payment from a client unless specified otherwise contractually between the prime professional and the collaborating registered professional. For the purposes of this paragraph, "collaborating registered professional" means a registered professional with whom the prime professional has a contract to perform professional services. D. The board may make investigations, employ investigators and expert witnesses, appoint members of advisory committees and conduct h