Nebraska Statutes 81-3436. Organizational practice; certificate of authorization; when required; application; immunity; Secretary of State; registration of trade name or service mark; limitation
(1) An individual licensed under the Engineers and Architects Regulation Act may practice or offer to practice the profession of architecture or engineering through an organization if the criteria for organizational practice established by the board are met and the organization has been issued a certificate of authorization by the board.
Terms Used In Nebraska Statutes 81-3436
- Architect: means a person who is licensed by the board to practice architecture. See Nebraska Statutes 81-3404
- Board: means the Board of Engineers and Architects. See Nebraska Statutes 81-3405
- Direct supervision: means having full professional knowledge and control over work that constitutes the practice of architecture or engineering. See Nebraska Statutes 81-3411
- Licensee: means a licensed architect or professional engineer. See Nebraska Statutes 81-3416.02
- Organization: means a business entity created by law, including, but not limited to, a partnership, limited liability company, corporation, or joint venture. See Nebraska Statutes 81-3418
- person: shall be construed to practice architecture, within the meaning and intent of the Engineers and Architects Regulation Act, if he or she:
(a) Practices the profession of architecture or holds himself or herself out as able and entitled to practice architecture. See Nebraska Statutes 81-3420
- Practice of architecture: means providing or offering to provide design services in connection with the construction, enlargement, or alteration of a building or group of buildings and the space within and surrounding the buildings. See Nebraska Statutes 81-3420
- Practice of engineering: means any service or creative work that requires engineering education, training, and experience in the application of special knowledge of the mathematical, physical, and engineering sciences. See Nebraska Statutes 81-3421
- Professional engineer: means a person who is licensed by the board to practice engineering. See Nebraska Statutes 81-3422
- Public service provider: means any political subdivision which employs or appoints an architect or a professional engineer to be in responsible charge of the political subdivision's architectural or engineering work. See Nebraska Statutes 81-3423
- Responsible charge: means the management of the technical and financial aspects of engineering or architectural work through an organization. See Nebraska Statutes 81-3425
- State: when applied to different states of the United States shall be construed to extend to and include the District of Columbia and the several territories organized by Congress. See Nebraska Statutes 49-801
- Technical submissions: means designs, drawings, specifications, studies, and other technical reports that constitute, or may be prepared in conjunction with, a project. See Nebraska Statutes 81-3427
(2) An organization applying for a certificate of authorization shall designate at least one licensed architect as the person in responsible charge of any practice of architecture by the organization and at least one professional engineer as the person in responsible charge of any practice of engineering by the organization. One who renders only occasional professional services for an organization may not be designated as being in responsible charge of the professional activities of an organization under this section.
(3) To obtain a certificate of authorization, a board-approved application shall be filed with the board. The application shall contain the names and license numbers of the individual or individuals designated as in responsible charge and licensed to practice architecture or engineering in Nebraska. Certificates of authorization shall be for a defined period and may be renewed.
(4) An organization shall notify the board of any changes in the status of any individual designated as in responsible charge within thirty days after the effective date of the change.
(5) All technical submissions issued or filed for public record through an organization involving the practice of architecture or engineering shall be sealed in accordance with the act by the licensee who prepared the submissions or under whose direct supervision they were prepared.
(6) An organization is not relieved of responsibility for the conduct or acts of its agents, employees, officers, or partners by reason of its compliance with this section. An individual practicing architecture or engineering is not relieved of responsibility for services performed by reason of employment or any other relationship with an organization holding a certificate of authorization.
(7) The Secretary of State shall not issue a certificate of authority to do business in the state to an applicant or issue a registration of name in the state to an organization which intends to engage in the practice of architecture or engineering unless the board has issued the applicant a certificate of authorization or a letter indicating the eligibility of the applicant to receive a certificate or to register the name.
(8) Except as otherwise authorized in the Engineers and Architects Regulation Act or in the Professional Landscape Architects Act, the Secretary of State shall not register any trade name or service mark which includes the words architect or engineer, or any modification or derivative of such words, in an applicant’s firm name or logotype unless the board has issued the applicant a certificate of authorization or a letter indicating the eligibility of the applicant to register the trade name or service mark.
(9) A public service provider or an organization may engage in the practice of architecture or engineering for itself without obtaining a certificate of authorization.