Terms Used In 22 Guam Code Ann. § 32113

  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
(a) No person shall be eligible for admission to the examination for registration for professional engineer, architect, landscape architect or land surveyor, or for enrollment as an engineer intern or land surveyor intern, under this Chapter unless he:

(1) is a citizen of the United States, or a legally admitted alien authorized to work in the United States;

(2) is of good moral character and repute.

(3) meets the professional qualifications prescribed by this
Chapter; and

(4) submits five (5) references with the applicant’s application for registration as a professional engineer, architect, landscape architect or land surveyor, three (3) of which shall be from practitioners registered in the discipline in which he seeks registration and having personal knowledge of his experience in that discipline, or in the case of an application for certification as an engineer intern or land surveyor intern, by three (3) character references.

(b) The following shall be considered as minimum evidence

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satisfactory to the Board that the applicant is qualified for registration: (1) as a Professional Engineer:
(A) Licensure or Registration by Examination — An Engineer Intern and a graduate of an engineering curriculum of four (4) years or more, accredited by EAC/ABET or the equivalent, with a specific record of four (4) years or more of progressive experience on engineering projects of a grade and character which indicates to the Board that the applicant may be competent to practice engineering, at least one (1) year of which shall have been under the supervision of a registered professional engineer, shall be admitted to a current form of examination, recognized by the PEALS Board, in the principles and practices of engineering, and in the case of specific engineering disciplines, other examinations as prescribed in the by-laws. Upon passing such examination(s), the applicant shall be granted a certificate of registration to practice engineering on Guam, provided the applicant is otherwise qualified. Creditable experience towards the required four (4) years stipulated by this Subsection shall begin at a point after graduation from an engineering program accredited by EAC/ABET, or the equivalent.

(B) Graduation, Experience and Examination — A graduate of an engineering or related science curriculum of four (4) years or more, other than the ones approved by the Board as being of satisfactory standing, and with a specific record of eight (8) years or more of progressive experience, at least two (2) years of which shall have been under the supervision of a registered engineer on projects of a grade and character which indicates to the Board that the applicant may be competent to practice engineering, and having passed a current form of examination, recognized by the PEALS Board, in the fundamentals of engineering may be admitted to a current form of examination, recognized by the PEALS Board, in the principles and practice of engineering as prescribed in the by-laws. Upon passing such examination, the applicant shall be granted a certificate of registration to practice engineering on Guam, provided the applicant is otherwise qualified.

(C) A Non-graduate from a Technical Curriculum — A non-

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graduate of an engineering or related science curriculum of four (4) years or more, with a specific record of three (3) years or more in such a curriculum plus twelve (12) years or more of progressive experience on engineering projects, four (4) years of which must have been under the supervision of a registered engineer, and of which at least six (6) years have been in responsible control of engineering projects of a grade and character which indicates to the Board that the applicant may be competent to practice engineering, and having passed a current form of examination, recognized by the PEALS Board, in the fundamentals of engineering may be admitted to a current form of examination, recognized by the PEALS Board, in the principles and practice of engineering as prescribed in the by-laws. Upon passing such examination, the applicant shall be granted a certificate of registration to practice engineering on Guam, provided the applicant is otherwise qualified.

(D) Licensure or Registration by Comity or Endorsement — A person whose qualifications meet the requirements of this Chapter may, upon application, be registered as a professional engineer identical to his active engineer registration in other jurisdictions if the person meets all the requirements below:

(i) the applicant holds a current certificate of registration in the practice of engineering issued by a proper authority of a jurisdiction or possession of the United States, the District of Columbia or any foreign country, based on requirements that do not conflict with the provisions of this Chapter from which a certificate of registration is recognized by the National Council of Examiners for Engineering and Surveying and possessing credentials that are, in the judgment of the Board, of a standard not lower than specified in the applicable section of this Chapter in effect in Guam at the time such certificate was issued, may, upon application, which may include a Council Record with NCEES, be registered or licensed without further examination, except as required to present evidence of knowledge of statutes, rules, and design requirements unique to this jurisdiction, provided that:

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(ii) he holds a valid certificate issued by the Committee on National Council of Engineering Certification of the National Council of Examiners for Engineering and Surveying;

(iii) the applicant passes the California Special Civil
Seismic examination (for Civil Engineering applicants only);

(iv) the applicant passes the Fundamentals of Engineering examination (for applicants with Fundamentals of Engineering waivers from other jurisdictions); and

(v) the applicant maintains current registration with at least one (1) other jurisdiction, the District of Columbia, a territory or a possession of the United States.

(vi) A person holding an active Council Record with the NCEES, whose qualifications as evidenced by the Council Record meet the requirements of this Chapter, may, upon application, be licensed or registered without further examination, except as required to examine the applicant’s knowledge of statutes, rules and design requirements unique to this jurisdiction, provided the applicant passes the California Special Civil Seismic (CSCS) examination (for Civil Engineering applicants only).

(E) Engineering Teaching — Engineering teaching in a college or university offering an approved engineering curriculum of four (4) years or more may satisfy only a portion of the required engineering experience.

(2) As an Engineer Intern:

(A) A college senior or a graduate of an engineering curriculum of four (4) years or more, accredited by EAC/ABET, or the equivalent, shall be admitted to the current form of examination in the Fundamentals of Engineering prepared and furnished by NCEES. Upon passing such examination and providing proof of graduation, the applicant shall be certified or enrolled as an engineer intern, if the applicant is otherwise qualified.

(B) Experience and Examination — An applicant with a

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record of six (6) or more years of experience in engineering work of a grade and character satisfactory to the Board, and who passes the examination as prescribed in the by-laws shall be certified or enrolled as an engineer intern, if the applicant is otherwise qualified.

(C) Graduation, Experience and Examination — A graduate of an engineering or related science curriculum of four (4) years or more, other than the ones approved by the Board as being of satisfactory standing, shall be admitted to an examination as prescribed in the by-laws. Upon passing such examination, the applicant shall be certified or endorsed as an engineer intern, if the applicant is otherwise qualified.

(3) As an Architect:

(A) Education, Experience and Examination — A graduate of an NAAB accredited program from a school of architecture approved by the Board as being of satisfactory standing and with at least three (3) years of progressive experience satisfactory to the Board in architectural work covering the major categories of architectural practice, at least two (2) years of which shall have been under the supervision of a registered architect, and having completed the Intern Development Program (IDP) shall be eligible for a current form of examination as prescribed in the rules and regulations. Upon passing such examination, the applicant shall be granted a certificate of registration to practice architecture in Guam, if the applicant is otherwise qualified.

(i) Effective June 1, 2009, an applicant to the Architect Registration Examination (ARE) shall, prior to exam eligibility, complete the Intern Development Program (IDP) of the National Council of Architectural Registration Boards (NCARB), as defined herein and in the rules and regulations set forth, and the most recent or current form of IDP guidelines prepared and prescribed by the NCARB. The IDP requirement does not apply to a candidate who:

(aa) was determined by the Board to be eligible on or before May 31, 2009, and who is active in the examination process; or

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(bb) has completed all the necessary education equivalents prior to June 1, 2009, who has submitted a completed application for eligibility evaluation to the Board that is postmarked on or before May 31, 2009, and who has been determined by the Board to be eligible.

(ii) An applicant shall obtain an IDP certification upon completion of the Intern Development Program, and shall submit such certificate with the application form.

(iii) As an applicant acquires additional work experience as required by the Board, it is the applicant’s responsibility to ensure that his/her employer(s) complete the Employment Verification Forms covering the additional work experience gained with that employer, and that the forms are submitted to the Board. Reporting shall be as per most current NCARB policies and procedures.

(B) Experience and Examination – An applicant having eight (8) years of architectural training or educational experience satisfactory to the Board, of which a minimum of three (3) years shall be experience covering the major categories of architectural practice under the supervision of a registered architect, and having completed the Intern Development Program, shall be eligible for a current form of examination as prescribed in the rules and regulations. Upon passing such examination, the applicant shall be granted a certificate of registration to practice architecture on Guam, if the applicant is otherwise qualified.

(i) The requirements of Subsection (A)(i) through (iii)
of this §32113(b)(3) shall also apply to this Subsection (B).

(C) Licensure or Registration by Comity or Endorsement — A person shall be licensed or registered without further examination, if that person:

(i) holds a current and valid registration issued by a registration authority recognized by the Board; or

(ii) holds a National Council of Architectural
Registration Board’s Record; and

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(iii) files his application with the Board, upon a form prescribed and furnished by the Board, containing such information satisfactory to the Board, concerning the person, as the Board considers pertinent.

(4) As a Landscape Architect:

(A) Licensure or Registration by Comity or Endorsement-A person shall be registered without further examination, if that person:

(i) holds a current and valid registration to engage in the practice of landscape architecture issued by a proper authority of a state or jurisdiction or possession of the United States, the District of Columbia or any foreign country, has successfully passed a Council of Landscape Architectural Registration Boards (CLARB) landscape architectural registration examination (LARE); or

(ii) holds a current and active Council Record issued by the CLARB; and

(iii) files his application on a form prescribed and furnished by the Board, containing such information satisfactory to the Board, concerning the person, as the Board considers pertinent.

(5) As a Land Surveyor:

The evaluation of a professional surveyor applicant’s qualifications involves consideration of education, technical, and surveying experience, exhibits of surveying projects with which the applicant has been associated, recommendations by references, and a review of these categories during the interview if the Board deems it necessary. The following shall be considered as minimum evidence to the Board that the applicant is qualified for registration or licensure as a professional surveyor:

(A) Licensure or Registration by Examination — A Surveyor Intern with a specific record of four (4) years or more of combined office and field experience satisfactory to the Board in surveying, of which a minimum of three (3) years’ progressive experience has been on surveying projects under the supervision

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of a professional surveyor, shall be eligible to take the current form of examination prepared and furnished by the NCEES in the principles and practice of land surveying, and in Guam Land Matters as prescribed in the by-laws. Upon passing such examination, the applicant shall be granted a certificate of registration to practice land surveying on Guam, provided the applicant is otherwise qualified. Creditable experience towards the required four (4) years stipulated by this Subsection may be completed at any point, prior to or after, the applicant successfully passes the Fundamentals of Land Surveying examination. The Board may require additional information, including an oral interview, to verify and confirm that the experience requirements under a professional land surveyor have been met.

(B) Education, Experience and Examination — A graduate of a surveying or related science curriculum of four (4) years or more, other than the ones approved by the Board as being of satisfactory standing, and with a specific record of an additional eight (8) years of combined office and field experience satisfactory to the Board in land surveying, of which a minimum of three (3) years experience has been in responsible control of land surveying projects under the supervision of a registered land surveyor, shall be admitted to a current form of examination in the fundamentals of land surveying, in the principles and practice of land surveying and in Guam Land Matters as prescribed in the by-laws. Upon passing such examination, the applicant shall be granted a certificate of registration to practice land surveying on Guam, provided he is otherwise qualified.

(C) Experience and Examination — An applicant with a specific record of twelve (12) years or more of practice in land surveying, of which at least eight (8) years have been in responsible control of important land surveying work under the supervision of a registered land surveyor, and of a grade and character satisfactory to the Board which indicates to the Board that the applicant may be competent to practice land surveying, and who has passed an examination in the fundamentals of land surveying, in the principles and practice of land surveying and in Guam Land Matters, shall be granted a certificate of registration to practice land surveying on Guam, provided he is otherwise

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qualified.
(D) Licensure or Registration by Comity or Endorsement — (i) A person holding a certificate of registration to
engage in the practice of land surveying issued by a proper authority of a jurisdiction or possession of the United States or the District of Columbia, or any foreign country, based on requirements that do not conflict with the provisions of this Chapter, and possessing qualifications that are, in the judgment of the Board, not lower than that specified in the applicable licensure act in effect in this jurisdiction at the time such certificate was issued, may, upon application, which may include a Council Record with the NCEES, be licensed without further examination, except as required to present evidence of knowledge of statutes, rules and surveying requirements unique to this jurisdiction, provided, that the applicant shall be required to pass a written examination of not less than four (4) hours duration on Guam Land Matters, which shall include questions on laws, procedures and practices pertaining to land surveying on Guam.

(ii) A person holding an active Council Record with the NCEES, whose qualifications as evidenced by the Council Record, meet the requirements of this Chapter, may, upon application, be licensed without further examination, except as required to examine the applicant’s knowledge of statutes, rules and surveying requirements unique to this jurisdiction, provided that the applicant shall be required to pass a written examination of not less than four (4) hours duration on Guam Land Matters, which shall include questions on laws, procedures and practices pertaining to land surveying on Guam.

(E) Surveying Teaching —Surveying teaching in a college or university offering an approved surveying curriculum of four (4) years or more may be considered as land surveying experience satisfactory to the Board.

(6) As a Land Surveyor Intern:

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(A) Education and Examination — A college senior or a graduate of surveying curriculum of four (4) years or more, approved by the Board as being of satisfactory standing, shall be admitted to a current form of examination in the fundamentals of land surveying, as prescribed in the by-laws. Upon passing such examination, the applicant shall be certified or enrolled as a land surveyor intern, if he is otherwise qualified.

(B) Education, Experience and Examination — An applicant, upon satisfactory completion of a land surveying or related science curriculum of two (2) years or more, and with a specific record of an additional (4) years of combined office and field experience in land surveying satisfactory to the Board, shall be admitted to a current form of examination in the fundamentals of land surveying, as prescribed in the by-laws. Should the applicant fail to pass the fundamentals of land surveying examination on two (2) occasions, the applicant shall be required to complete a refresher course satisfactory to the Board before being readmitted for examination. Upon passing such examination, the applicant shall be certified or enrolled as a land surveyor intern, if he is otherwise qualified.

SOURCE: Subsections (b)(1)(A – C) amended by P.L. 33-028:2 (May 7, 2015). Subsections (b)(3)(A-B) amended by P.L. 33-028:3 (May 7, 2015). Subsection (b)(5)(A) amended by P.L. 33-028:4 (May 7, 2015).