The Board of Examiners of Engineers and Surveyors and the Board of Examiners of Architects and Landscape Architects are hereby created, which shall be attached to the Department of State of the Commonwealth of Puerto Rico.
The Board of Examiners of Engineers and Surveyors shall be constituted by nine (9) members, of whom two (2) shall be civil engineers, one (1) a mechanical engineer, one (1) an electrical engineer, one (1) an industrial engineer, one (1) a chemical engineer, one (1) computer engineer, and two (2) surveyors. The Board of Examiners of Architects and Landscape Architects shall be constituted by two (2) architects, two (2) landscape architects, and one (1) representative of the public interest who does not belong to the abovementioned professions, but who possesses the necessary qualities, interests, and dedication to make decisions that will benefit the professions they represent. The members of the boards shall be appointed by the Governor of Puerto Rico with the advice and consent of the Senate of Puerto Rico. The corresponding professional colleges representing the professionals regulated by this chapter may advise the Governor of Puerto Rico in the selection of the members that shall make up the boards. These must be duly licensed to practice their respective professions in Puerto Rico and be active members of their respective professional associations. In addition they must have actively practiced their profession as a licensed engineer, architect, surveyor or landscape architect, as the case may be, for a period of not less than seven (7) years and, for at least three (3) of those years, they must have been directly in charge of supervising or having direct or primary responsibility for engineering, architectural, landscape architecture or surveying projects or works, as the case may be.
(a) Term of appointment. — The members of the Board shall be appointed for a term of four (4) years each and hold office until their successors are appointed and take office. No member of the Board shall be appointed for more than two (2) consecutive terms.
(b) Vacancies. — Any vacancy arising among the members of the Board shall be filled for the unexpired term of the member who created it.
(c) Removal from office. — The Governor, motu proprio, or through the recommendation of the Board, may remove any member of the Board from office for his/her inability to perform his/her office, manifest incompetence to fulfill his/her duties, dereliction of duty, misconduct or repeated and unjustified absences from Board meetings.
(d) Board meetings. — The Board shall hold at least one session per month, provided there are matters to consider. It may also hold such special sessions as may be needed for the speedy handling of its affairs, after a call has been issued to its members at least twenty-four (24) hours in advance thereof.
(e) Quorum. — A majority of the members of the Board shall constitute quorum to hold any session and consider matters under its jurisdiction; provided, that members present represent the various professions of engineering, architecture, surveying and landscape architecture, except as provided hereinafter. The decisions of the Board shall be made by a majority vote of its members.
When the Board has a matter of strict relevance to a specific profession before it, such a matter shall be discussed before the full Board with the participation of all its members present, duly constituted in a session. However, only those Board members who represent the profession which the matter concerns shall decide upon it, although the opinions of the remaining members thereof shall appear in the records of the Board.
In those cases in which an interprofessional matter is involved, the latter shall be discussed before the full Board with the participation of all its members present, duly constituted in a session and each Board member who represents the profession involved in the matter being considered shall have a vote in the decision or resolution of the matter, it being understood that in the case of the engineering profession the vote shall be cast by the member representing the specialty involved.
In case of a tie, the Chairman of the Board shall cast a vote to resolve the matter.
In order to protect the public interest, the bylaws of the Board shall establish the proper procedure for considering and resolving the matters before it.
(f) Election of officers and report. — The Board shall annually elect, from among its members, a Chairperson, a Vice Chairperson and a Recording Secretary, as well as any other officers needed for its operation. The Board shall adopt an official seal.
The Recording Secretary shall render a report annually to the Governor on the activities of the Board indicating the licenses issued, denied and revoked, the matters handled and considered during said report year and the recommendations the Board deems should be adopted for the most effective application of §§ 711—711z of this title.
(g) Per diems. — The members of the Board shall receive per diems equal to the minimum per diem established for the members of the Legislature for each day or portion thereof they attend Board meetings or sessions up to a maximum of three thousand dollars ($3,000) per year, except for the Chairperson of the Board who shall receive per diems equal to one hundred and thirty-three percent (133%) of the per diems received by the other members of the Board; the shall also be entitled to reimbursement for the travel expenses they necessarily must incur to represent the Board pursuant to the regulations in effect of the Department of the Treasury.
They shall also be entitled to [be] reimbursed for travel expenses necessarily incurred to represent the Board, pursuant to the regulations of the Secretary of the Treasury in effect.
History —Aug. 12, 1988, No. 173, p. 797, § 5; Dec. 26, 1997, No. 185, § 5; Jan. 4, 2000, No. 7, § 16; July 25, 2000, No. 138, § 1.