La. Admin. Code tit. 46 § LXI-2301

Current through Register Vol. 50, No. 11, November 20, 2024

Section LXI-2301 - General

A. The following rules with regard to firms shall apply equally to domestic or foreign firms, partnerships, associations, cooperatives, ventures, corporations, limited liability companies, limited liability partnerships, and any other entities, unless otherwise provided:

1. use of the term professional services in this Chapter will refer to either engineering services or land surveying services; and

2. use of the term licensed professional in this Chapter will refer to either a professional engineer or a professional land surveyor duly licensed in Louisiana.

B. A firm must be licensed with the board before it may provide or offer to provide professional services in Louisiana.

1. A firm which has in its name the words engineer, engineering, land surveyor, land surveying or any modification or derivative thereof shall be construed to be offering to provide professional services and therefore must be licensed with the board before doing business in Louisiana, unless it has in its name modifying or explanatory words which would, in their ordinary meaning, negate the inference of the practice of engineering or land surveying.

2. A firm may provide or offer to provide both engineering and land surveying services in Louisiana; provided, however, that the firm must be licensed separately as an engineering firm and as a land surveying firm, and the requirements of this Chapter will apply separately to providing or offering to provide engineering services and land surveying services.

3. A firm may provide or offer to provide both professional services and the services of other related professions in Louisiana, such as architecture and landscape architecture; provided, however, the firm must be licensed under and comply with the provisions of the licensure law and this Chapter.

C. Unless otherwise provided, sole proprietorships which are not legal entities and which bear the full name of the owner who is a licensed professional are exempt from the application of this Chapter. Such sole proprietorships are not required to be licensed as engineering or land surveying firms with the board. Sole proprietorships which are not legal entities and which do not bear the full name of the owner who is a licensed professional must be licensed with the board as an engineering or land surveying firm and must comply with all the provisions of this Chapter. For purposes of this §2301 C, legal entities is defined as domestic or foreign partnerships, associations, cooperatives, ventures, corporations, limited liability companies, limited liability partnerships, or other entities.

D. Joint ventures that provide or offer to provide professional services in Louisiana will not be required to be licensed as separate entities. Nevertheless, any firm (including those sole proprietorships otherwise excluded under §2301. C) that provides or offers to provide professional services in conjunction with its participation in a joint venture can do so only if it complies with the provisions of these rules.

La. Admin. Code tit. 46, § LXI-2301

Promulgated by the Department of Transportation and Development, Board of Registration for Professional Engineers and Land Surveyors, LR 3:502 (December 1977), amended LR 5:116 (May 1979), LR 8:191 (April 1982), LR 16:774 (September 1990), amended by the Department of Transportation and Development, Professional Engineering and Land Surveying Board, LR 27:1035 (July 2001), LR 30:1719 (August 2004), LR 37:2414 (August 2011), Amended LR 44622 (3/1/2018), Amended LR 47897 (7/1/2021).

AUTHORITY NOTE: Promulgated in accordance with R.S. 37:689.