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§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. CERTIFICATE OF AUTHORIZATION
§32124. EXCLUSIVE JURISDICTION OF THE BOARD - Restriction on Requirement for Additional
Licenses or Fees
§32125. CONTRACT LAW LANGUAGE
§32126. EXEMPTION CLAUSE
§32127. DUTIES OF RECORDERS
§32128. INVALID SECTIONS
§32129. EFFECTIVE DATE
32123. CERTIFICATE OF AUTHORIZATION (COA)
- The practice of or offer to practice engineering, architecture, landscape architecture or land surveying as defined in §32103 of this Chapter by individual engineers, architects, landscape architects or land surveyors registered under this Chapter, or by individuals lawfully practicing under §32124 of this Chapter through a corporation (including professional corporations), partnership (including registered limited liability partnership), or limited liability company, is permitted, subject to the provisions of this Chapter.
A corporation, partnership, proprietorship or limited liability company holding itself out or performing any of the services involved in the practice of engineering, architecture, landscape architecture or land surveying must obtain a Certificate of Authorization from the Board. The Board may issue a Certificate of Authorization to such corporation, partnership, proprietorship or limited liability company, provided that:
- one (1) or more of the officers of a corporation; one (1) or more of the general partners of a partnership (including limited liability partnership); the sole proprietor of a proprietorship; or one (1) or more of the managers of a limited liability company are registered under this Chapter, or the engineering, architecture, landscape architecture or land surveying registration law of another jurisdiction within the United States, District of Columbia or its Territories; and
- any agreement to perform such services shall be executed on behalf of the corporation, partnership, limited liability company by the officer or officers, 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 Chapter shall not prevent the employees of such corporations, partnerships, proprietorships or limited liability companies from performing engineering, architecture, landscape architecture or land surveying services; provided, that all technical submissions involving the practice of engineering, architecture, landscape architecture or land surveying as defined in this Chapter when issued, or filed for public record, shall be dated, and bear the seal and signature of the professional engineer, architect, landscape architect, or professional land surveyor under whose responsible control it was prepared.
- 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 (by discipline), architecture, landscape 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 and who 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.
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, landscape 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 in full control of the operations of the firm. The COA shall be displayed in a conspicuous place in such business.
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, landscape 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", "architecture", "landscape architect", "landscape architecture", "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, licensure or authorization.
- The responsible department within the government of 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 an authorization certificate under the provisions of this Section.
- An engineer, architect, landscape architect or land surveyor who renders occasional part-time or consulting engineering, architectural, landscape architect 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.
- This Section shall not require a Certificate of Authorization for a firm performing engineering, architecture, landscape architecture or land surveying for the firm itself or a parent or subsidiary of said firm.
- The Certificate of Authorization shall be renewed as herein provided in §32117(a).
32124. Exclusive Jurisdiction of the Board - Restriction on Requirement for Additional Licenses or Fees
No local jurisdiction shall have the authority to require additional licensure or to require payment of any fees in order for any professional engineer, architect, landscape architect or land surveyor to engage in the practice of the profession for which the Board has issued a license.
32125.CONTRACT LAW LANGUAGE
- A Professional Engineer, Architect, Landscape Architect, or Land Surveyor shall use a written contract when contracting to provide professional engineering, architecture, landscape architecture, land surveying or construction management services to a client pursuant to this Chapter. The written contract shall be executed by the professional engineer, architect, landscape architect, or land surveyor and the client, or their representative, prior to the professional engineer, architect, landscape architect or land surveyor commencing work, unless the client knowingly states in writing that work may commence before the contract is executed. The written contract shall include, but not be limited to, all of the following:
- a description of the services to be provided to the client by the professional engineer, architect, landscape architect or land surveyor;
- a description of any basis of compensation applicable to the contract, and the method of payment agreed upon by the parties;
- the name, address, and license or certificate number of the professional engineer, architect, landscape architect or land surveyor, and the name and address of the client; and
- a description of the procedure that the professional engineer, architect, landscape architect or land surveyor and the client will use to accommodate additional services.
- This Section shall not apply to any of the following:
- Professional engineering, architectural, landscape architectural or land surveying services rendered by a professional engineer, architect, landscape architect or land surveyor for which the client will not pay compensation.
- A professional engineer, architect, landscape architect or land surveyor who has a current or prior contractual relationship with the client to provide engineering, architectural or land surveying services, and that client has paid the professional engineer, architect, landscape architect or land surveyor all of the fees that are due under the contract.
- If the client knowingly states in writing after full disclosure of this Section that a contract which complies with the requirements of this Section is not required.
- "Written Contract" as used in this Section includes a contract that is in electronic form.
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