§32101. NAME
§32102. GENERAL PROVISIONS
§32103. DEFINITIONS
§32104. BOARD - APPOINTMENTS; TERMS
§32105. BOARD - QUALIFICATIONS OF MEMBERS
§32106. BOARD - COMPENSATION AND EXPENSES
§32107. BOARD - REMOVAL OF MEMBERS - VACANCIES
§32108. BOARD - ORGANIZATION AND MEETINGS
§32109. BOARD - POWERS
§32110. RECORDS AND REPORTS
§32111. RECEIPTS AND DISBURSEMENTS
§32112. ROSTER
§32113. GENERAL REQUIREMENTS FOR REGISTRATION
§32114. APPLICATION AND REGISTRATION FEES
§32115. EXAMINATIONS
§32116. CERTIFICATE - SEALS
§32117. EXPIRATIONS AND RENEWALS
§32118. REPLACEMENT OF CERTIFICATES
§32119. PUBLIC WORKS
§32120. DISCIPLINARY ACTION - Revocation, Suspension or Reprimand
§32121. DISCIPLINARY ACTION - PROCEDURES
§32122. VIOLATIONS AND PENALTIES
§32123. AUTHORIZATION CERTIFICATES
§32124. EXEMPTION CLAUSE
§32125. DUTIES OF RECORDERS
§32126. INVALID SECTIONS

32123. AUTHORIZATION CERTIFICATES

(a) The practice of or offer to practice engineering, architecture or land surveying as defined in §32103 of this Title by individual engineers, architects or land surveyors registered under this Title, or be lawfully practicing under §32124 of this Title through a corporation (including professional corporations), partnership (including registered limited liability partnership), or limited liability company is permitted, subject to the provisions of this Title.

A corporation, partnership, proprietorship or limited liability company holding itself out or performing any of the services involved in the practice of engineering, architecture or land surveying must be issued a certificate of authorization by the Board; provided that one (1) or more of the directors of a corporation; one (1) or more of the general partners of a partnership; the sole proprietor of a proprietorship; or one or more of the managers of a limited liability company are registered under this Title or the engineering, architecture or land surveying registration law of another jurisdiction within the United States, District of Columbia or its Territories; and further provided that any agreement to perform such services shall be executed on behalf of the corporation, partnership, limited liability company by the director or directors, general partner or partners, sole proprietor, or by the manager or managers who are registered on Guam and who exercises responsible control over the particular services contracted for by the corporation, partnership, proprietorship or limited liability company.

The requirements of this Title shall not prevent the employees of such corporations, partnerships, proprietorships or limited liability companies from performing engineering, architecture or land surveying services; provided that all technical submissions involving the practice of engineering, architecture or land surveying as defined in this Title when issued, or filed for public record, shall be dated, and bear the seal and signature of the professional engineer, architect, or professional land surveyor under whose responsible control it was prepared.

(b) A corporation, partnership, proprietorship or limited liability company desiring a certificate of authorization shall furnish the Board such information about its organization and activities as the Board may require by regulation and to designate the individual or individuals duly registered to practice engineering, architecture or land surveying on Guam who shall be in responsible control of the practice as the Responsible Managing Employee (RME). A multi-discipline firm who has more than one (1) designated RME shall be required to have a minimum of one (1) RME available on a full time basis with 75% physical presence and must have full control over the particular services contracted for by the firm. In the event there shall be a change in any of these persons during the year, such change shall be reported in the form as issued by the Board within thirty (30) days after the effective date of said change.

(c) If all of the requirements of this Section are met, the Board may issue a certificate of authorization to such corporation, partnership, proprietorship or limited liability company authorizing such organizations to contract for and to collect fees for furnishing engineering, architecture or land surveying services. All off-island firms shall be required to maintain a local office under the control of at least one (1) Responsible Managing Employee who shall be available on a full time basis with a seventy five (75%) physical presence in full control of the operations of the firm.

No such corporation, partnership, proprietorship or limited liability company shall be relieved of responsibility for the conduct or acts of its agents, employees or officers by reason of its compliance with the provisions of this Section, nor shall any individual practicing engineering, architecture or land surveying services performed by reason of his employment or relationship with such corporation, partnership, proprietorship or association.

A certificate of incorporation shall not be issued to an applicant for a registration as a foreign firm to a firm which includes among the objectives for which it is established any of the words engineer', 'engineering', 'architect', 'architectural', 'surveyor', 'land surveying', or any modification or derivation thereof, unless the Board has issued for the said applicant a certificate of authorization or letter indicating the eligibility of such applicant to receive such a certificate. The firm shall supply such certificate or letter from the Board with the applicant's application for incorporation or registration.

(d) The responsible department within Guam shall decline to register any trade name or service mark which includes such words as set forth in Subsection (c) of this Section, or modification or derivatives thereof, in its firm name or logo type, except those firms holding authorization certificate under the provisions of this Section.

(e) An engineer, architect or land surveyor who renders occasional part-time or consulting engineering, architectural or land surveying services to or for a firm may not, for the purposes of this Section, be designated as being responsible for the professional activities of the firm.