Chapter 4733-39 Certificate of Authorization

4733-39-01 Preamble.

Pursuant to section 4733.16 of the Revised Code, these rules shall be implemented to define the filing requirements for a firm, partnership, association, limited liability company or corporation to obtain a "Certificate of Authorization" to practice professional engineering and/or professional surveying in the state of Ohio.

R.C. 119.032 review dates: 08/18/2008 and 08/18/2013

Promulgated Under: 119.03

Statutory Authority: 4733.07

Rule Amplifies: 4733.16

Prior Effective Dates: 3-3-83; 4-15-83; 4-15-85; 5-1-95; 11-1-03

4733-39-02 Definitions.

As used in this rule:

(A) "Responsible charge" means being in control of, accountable for and in either direct or indirect supervision of the engineering and/or surveying activities of the business enterprise.

(B) "Fulltime" as stated in division (D) of section 4733.16 of the Revised Code means working more than thirty hours per week or working substantially all the engineering or surveying hours for a firm, partnership, association, limited liability company or corporation that holds a certificate of authorization.

(C) "Corporation" or "domestic corporation" means a corporation for profit formed under the laws of this state as defined in section 1701.01 of the Revised Code or "foreign corporation" as defined by division (B) of section 1703.01 of the Revised Code which has obtained a license from the secretary of state of Ohio and has complied with all the provisions of Chapter 1703. of the Revised Code.

(D) "Partnership" means an association of two or more persons to carry on as co-owners of a business for profit as defined in section 1775.05 of the Revised Code.

(E) "Limited partnership" is a partnership formed by two or more persons under the provisions of section 1781.02 of the Revised Code, having as members one or more general partners and one or more limited partners. The limited partners as such shall not be bound by obligation of the partnership as defined in section 1781.01 of the Revised Code.

(F) "Limited partnership association" means when any number of persons, not less than three nor more than twenty-five form a limited partnership association as defined by Chapter 1783. of the Revised Code.

(G) "Professional association" means any association organized under sections 1785.01 to 1785.08 of the Revised Code, for the sole purpose of rendering one of the professional services authorized under Chapters 4703. and 4733. of the Revised Code.

(H) "Limited liability company" means any company organized under Chapter 1705. of the Revised Code.

Effective: 11/24/2008
R.C. 119.032 review dates: 08/18/2008 and 11/24/2013
Promulgated Under: 119.03
Statutory Authority: 4733.07
Rule Amplifies: 4733.16
Prior Effective Dates: 4-15-83; 5-1-95

4733-39-03 Applications and filing requirements.

(A) Under provisions of section 1701.03 of the Revised Code, a corporation formed under Chapter 1701. of the Revised Code after November 14, 1982 may offer architectural, landscape architectural, professional engineering or professional surveying services or any combination thereof provided these corporations file with the appropriate board and meet the requirements of each board or filing and procuring a "Certificate of Authorization" in accordance with Chapters 4703. and 4733. of the Revised Code.

(B) Any firm, partnership, association, limited liability company or corporation which holds a "Certificate of Authorization" under these rules and which otherwise meets the requirements of Chapter 4733. of the Revised Code may be organized for any purposes for which business enterprises may be organized under Chapters 1701., 1705., 1775., 1781., 1783. and 1785. of the Revised Code and shall not be limited to the purposes of providing professional engineering, surveying, architectural, or landscape architectural services or any combination thereof.

(C) If all requirements of this rule are met, the board may issue a "Certificate of Authorization" to the firm, partnership, association, limited liability company or corporation. Forms for initial application will be provided by the board. This "Certificate of Authorization" must be renewed annually.

Effective: 11/24/2008
R.C. 119.032 review dates: 08/18/2008 and 11/24/2013
Promulgated Under: 119.03
Statutory Authority: 4733.07
Rule Amplifies: 4733.16
Prior Effective Dates: 4-15-83, 4-15-85, 5-1-95, 11-1-03

4733-39-04 Annual renewal filing.

(A) Under provisions of section 4733.16 of the Revised Code, each firm, partnership, association, limited liability company or corporation holding a "Certificate of Authorization" shall annually file no later than June thirtieth with the board on forms provided by this board, the name and address of each owner and the name and address of all persons designated as being in responsible charge of the professional engineering and/or professional surveying activities and decisions, who must be registered in Ohio as appropriate.

(B) If there is any change in any of the above between intervals of filing, the change will be filed with the board by notarized letter within ninety days of the change.

(C) If all the requirements of this rule are met, this board shall issue a renewal "Certificate of Authorization" to the firm, partnership association or corporation for the ensuing state fiscal year upon application and payment of the appropriate fee.

(D) Annual renewal "Certificate of Authorization" will be issued by the board within thirty days after the approval of the renewal application.

(E) The "Certificate of Authorization" for all firms, partnerships, associations, limited liability companies or corporations whose annual renewal filing is not received by the close of business on June thirtieth will expire and be invalid. The "Certificate of Authorization" for all firms, partnerships, associations, limited liability companies or corporations which have expired may be renewed within twelve months of the expiration date. The delinquent fee established by rule 4733-39-06 of the Administrative Code, which shall be fifty per cent greater than the annual renewal fee, must be paid to the board. The requirements of paragraph (A) of this rule must also be met. If a"Certificate of Authorization" is not renewed within twelve months from the expiration date, the said firm, partnership, association, limited liability company or corporation must make application for a new "Certificate of Authorization" in accordance with the requirements of rule 4733-39-03 of the Administrative Code and pay the appropriate fee.

R.C. 119.032 review dates: 08/18/2008 and 08/18/2013

Promulgated Under: 119.03

Statutory Authority: 4733.07

Rule Amplifies: 4733.16

Prior Effective Dates: 4-15-83; 4-15-85; 5-1-95; 11-1-03

4733-39-05 Certificate of authorization.

(A) A "Certificate of Authorization" shall be issued by this board to all firms, partnerships, associations, limited liability companies or corporations which meet the requirements of Chapter 4733. of the Revised Code and pay the appropriate fee.

(B) If there is any change in the identity of any of the persons designated as being in responsible charge of the professional engineering or professional surveying activities and decisions of an entity holding a "Certificate of Authorization" under Chapter 4733. of the Revised Code, the board shall be notified per rule 4733-39-04 of the Administrative Code.

(C) A new "Certificate of Authorization" shall be required in the following situations:

(1) Upon the change of the name of any corporation, partnership, limited liability company or professional association holding a "Certificate of Authorization" performing engineering or surveying services in this state.

(2) Upon the failure of any holders of a "Certificate of Authorization" to renew the "Certificate of Authorization" within twelve months of the expiration date.

(D) A "Certificate of Authorization" shall authorize the firm, partnership, association, limited liability company or corporation to provide the professional service for which they qualified for that state fiscal year. A renewal will be required at the end of each fiscal year. The "Certificate of Authorization" renewal letter shall indicate the professional service or services the business enterprise is authorized to provide.

(E) Any firm, partnership, association, limited liability company or corporation offering the services of professional engineering and/or professional surveying shall post the current "Certificate of Authorization" issued by this board conspicuously in its place of business where the public can readily examine said certificate.

R.C. 119.032 review dates: 08/18/2008 and 08/18/2013

Promulgated Under: 119.03

Statutory Authority: 4733.07

Rule Amplifies: 4733.16

Prior Effective Dates: 4-15-83; 4-15-85; 5-1-95; 11-1-03

4733-39-06 Fees.

(A) The application, annual renewal, reapplication, delinquent, or duplicate certificate fee must accompany the "Certificate of Authorization" request in the amount shown below:

Application fee $ 50.00

Annual renewal fee $ 25.00

Delinquent fee (within twelve months of expiration) $ 37.50

Reapplication fee (beyond twelve months of expiration) $ 50.00

Duplicate certificate fee $ 5.00

(B) All checks shall be made payable to "Treasurer, State of Ohio" and submitted to the board office.

(C) If a business enterprise is not eligible to receive a "Certificate of Authorization" the fee will be retained to cover the cost of processing.

(D) Annual renewal fees for all "Certificates of Authorization" are due and payable on or before the filing date of each year for the ensuing state fiscal year.

R.C. 119.032 review dates: 08/18/2008 and 08/18/2013

Promulgated Under: 119.03

Statutory Authority: 4733.07

Rule Amplifies: 4733.15

Prior Effective Dates: 4-15-83; 4-15-85

4733-39-07 Exemptions.

Corporations which were granted a charter prior to August 7, 1943, to engage in providing engineering and/or surveying services, or were otherwise lawfully providing engineering and/or surveying services prior to November 15, 1982 are exempt from the requirements of these rules. Professional associations which comply with Chapter 1785. of the Revised Code and were incorporated prior to November 15, 1982 are also exempted.

R.C. 119.032 review dates: 08/18/2008 and 08/18/2013

Promulgated Under: 119.03

Statutory Authority: 4733.07

Rule Amplifies: 4733.15

Prior Effective Dates: 4-15-83; 4-15-85