Ariz. Admin. Code § R4-30-101 - Definitions
The following definitions apply in this Chapter unless the context otherwise requires:
1. "Act"
means the Technical Registration Act, A.R.S. Title 32, Chapter 1.
2. "Active engagement" means actually
practicing or providing architectural, engineering, geological, landscape
architectural, or land surveying services.
3. "Bona fide employee" means:
a. Any person employed by a town, city,
county, state, or federal agency working under the direction or supervision of
a registrant;
b. Any person
employed by a business entity and working under the direct supervision of a
registrant who is also employed by the same business entity; or
c. Any person working under the direct
supervision of a registrant who:
i. Receives
direct wages from the registrant;
ii. Receives contract compensation from the
registrant; or
iii. Receives direct
wages from the project prime professional who has a contract with another
registrant and whose work product is the responsibility of the latter
registrant.
4. "Branch" means a specialty area within the
category of engineering.
5.
"Category" means the professions of architecture, geology, engineering,
landscape architecture, and land surveying.
6. "De minimis violations" means violations
of Board statutes or rules that do not present a threat to public welfare,
health, or safety.
7. "Design team"
means a group of individuals that includes one or more professional registrants
collaborating with any other individuals on a specific project to develop
professional documents.
8.
"Detached single family dwelling" as used in the Act means a single family
dwelling unit such as a house, which is structurally and physically separate
from all other family dwelling units. This does not mean any single family
dwelling unit which is part of a multiple dwelling unit building such as a
duplex, townhouse, apartment building, condominium, or cooperative. The term
"detached single family dwelling" also includes all subsidiary buildings,
structures and improvements such as garage, storage areas, swimming pool, and
landscaping.
9. "Direct
supervision" means a registrant's critical examination and evaluation of a bona
fide employee's work product, during and after the preparation, for purposes of
compliance with applicable laws, codes, ordinances, and regulations pertaining
to professional practice.
10.
"Experience" is classified as follows:
a.
"Subprofessional experience" means task work done under direct supervision and
not falling within the definition of professional experience, including but not
limited to time spent as a rodman, chainman, recorder, instrument technician,
survey aide, technician, clerk of the works, or similar work.
b. "Professional experience" means a
diversity of work calling for substantial technical knowledge, skill, and
responsibility as well as a lesser degree of supervision necessary to ensure
that good judgment is applied to protect the public during the course and scope
of projects.
c. "Responsible charge
experience" means work in the field or in the office, where the
applicant/registrant had responsibility for the direction of the work and its
successful accomplishment and where the applicant/registrant had to make
professional decisions without relying on advice or instructions from or first
referring the decisions for approval to a superior.
d. "Design experience" means professional
experience, including work defined under "responsible charge experience," where
the applicant/registrant must fulfill the requirements of local circumstances
and conditions and yet not violate any of the requirements of the profession
and ensure that the executed plan meets the purpose for which it was
designed.
11. "Federal
agency" means the United States or any agency or instrumentality, corporate or
otherwise, of the United States.
12. "Good moral character and repute" means
that the registration or certification applicant/registrant:
a. Has not been convicted of a felony or
equivalent offense in another jurisdiction as defined in A.R.S. §
13-601.
b. Has not been convicted of misdemeanor or
equivalent offense in another jurisdiction if the offense has a reasonable
relationship to the functions of the employment or category for which the
registration, certification, or designation is sought;
c. Has not, within five years of application
for registration or certification, committed any act involving dishonesty,
fraud, misrepresentation, breach of fiduciary duty, gross negligence, or
incompetence reasonably related to the candidate's proposed area of
practice;
d. Is not currently
incarcerated in a penal institution;
e. Has not engaged in fraud or
misrepresentation in connection with the application for registration,
certification, or related examination;
f. Has not had a registration or
certification revoked or suspended for cause by this state or by any other
jurisdiction, or surrendered a professional license in lieu of disciplinary
action;
g. Has not practiced
without the required technical registration or certification in this state or
in another jurisdiction within the two years immediately preceding the filing
of the application for registration or certification; and
h. Has not, within five years of application
for registration or certification, committed an act that would constitute
unprofessional conduct, as set forth in
R4-30-301 or
R4-30-301.01.
13. "Gross negligence" means a
substantial deviation in professional practice from the standard of
professional care exercised by members of the applicant's/registrant's
profession, or a substantial deviation from any technical standards issued by a
nationally recognized professional organization comprised of members of the
applicant's/registrant's profession, or a substantial deviation from
requirements contained in state, municipal, and county laws, ordinances, and
regulations pertaining to the registrant's professional practice.
14. "Incompetence" means to lack the
professional qualifications, experience, or education to undertake a
professional engagement or assignment.
15. "Insufficient evidence to support
disciplinary action" means:
a. The Board
determines there was no evidence to warrant disciplinary action, but believes
that continuation of the actions leading to the investigation may result in
future Board action against the registrant; or
b. The Board determines that there were de
minimis violations of Board statutes or rules, but no disciplinary action
should be taken against the certification or registration and that a letter of
concern would be as effective a resolution as a letter of reprimand in
deterring future violations of a like nature.
16. "Other misconduct" means the
applicant/registrant: f.
b. Has refused to respond fully to a Board inquiry
relating to an applicant's/registrant's qualifying experience, or provided the
Board with false information relating to an applicant's/registrant's qualifying
experience.
a.
Has been convicted of a class 1
felony;b.
Has been convicted of a felony or misdemeanor, if
the offense has a reasonable relationship to the functions of the
registration;c.
Is presently incarcerated in a penal
institution;d.
Has had a professional license or registration
suspended or revoked for cause by this state or by any other jurisdiction or
has surrendered a professional license in lieu of disciplinary
action;e. Has knowingly acted in
violation or knowingly failed to act in compliance with any provisions of the
Act, or rules of the Board or any state, municipal, or county law, code,
ordinance, or regulation pertaining to the practice of the
applicant's/registrant's profession; or
17.
"Practicing" means offering or performing professional services regulated by
the Act within the state of Arizona.
18. "Prepared" means to exercise direct
supervision over the preparation of professional documents.
19. "Professional documents" mean the
professional work product of a registrant that requires professional judgment,
design, analysis, or conclusions, including original plans, drawings, maps,
plats, reports, written opinions, specifications, and calculations.
20. "Project Prime Professional" means the
registrant is responsible for the coordination, continuity, and compatibility
of each collaborating registrant's work (when retained by the project prime
professional).
21. "Public works"
project means a work or undertaking that is financed, in whole or in part, by a
federal agency or by a state public body, as defined in this Article.
22. "Registrant" means a person or firm who
has been granted registration or certification to practice any profession
regulated pursuant to the Act.
23.
"Retired from active practice" means that the registrant no longer performs
professional services.
24. "State
public body" means the state or a county, city, town, municipal corporation,
authority, or any other subdivision, agency, or instrumentality of such an
entity, corporate or otherwise.
25.
"Structure" as used in the Act means any constructed or designed improvement or
improvements to real property including all onsite improvements, fixed
equipment, and landscaping, pursuant to an engagement or project.
Notes
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