Terms Used In Montana Code 37-67-314

• Board: means the board of professional engineers and professional land surveyors provided for in 2-15-1763. See Montana Code 37-67-101
• Department: means the department of labor and industry provided for in Title 2, chapter 15, part 17. See Montana Code 37-67-101
• 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.
• Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
• Practice of engineering: means :

  (i)any service or creative work the adequate performance of which requires engineering education, training, and experience in the application of special knowledge of the mathematical, physical, and engineering sciences to the services or creative work as consultation, investigation, evaluation, planning and design of engineering works and systems, planning the use of water, teaching of advanced engineering subjects, engineering surveys, and the inspection of construction for the purpose of ensuring compliance with drawings and specifications;

  (ii)any of the functions described in subsection (7)(a)(i) that embrace the services or work, either public or private, in connection with any utilities, structures, buildings, machines, equipment, processes, work systems, projects, and industrial or consumer products or equipment of mechanical, electrical, hydraulic, pneumatic, or thermal nature insofar as they involve safeguarding life, health, or property. See Montana Code 37-67-101

• Practice of land surveying: means any service or work, the performance of which requires the application of special knowledge of the principles of mathematics, physical sciences, applied sciences, and:

  (a)the principles of property boundary law to the recovery and preservation of evidence pertaining to earlier land surveys;

  (b)teaching of land surveying subjects;

  (c)measurement and allocation of lines, angles, elevations, and coordinate systems;

  (d)location of natural and constructed features in the air, on the surface of the earth, within underground workings, and on the beds of bodies of water, including work for the determination of areas and volumes;

  (e)monumenting of property boundaries;

  (f)platting and layout of lands and the subdivisions of land, including the alignment and grades of streets and roads in subdivisions;

  (g)preparation and perpetuation of maps, plats, field note records, and property descriptions; and

  (h)locating, relocating, establishing, reestablishing, laying out, or retracing of any property line or boundary of any tract of land or road, right-of-way, easement, right-of-way easement, alignment, or elevation of any of the fixed works embraced within the practice of engineering. See Montana Code 37-67-101

• Professional engineer: means a person who, by reason of special knowledge and use of the mathematical, physical, and engineering sciences and the principles and methods of engineering analysis and design acquired by engineering education and engineering experience, is qualified to practice engineering and who has been licensed as a professional engineer by the board. See Montana Code 37-67-101
• Professional land surveyor: means a person who:

  (a)has been licensed as a land surveyor by the board;

  (b)is a professional specialist in the technique, analysis, and application of measuring land;

  (c)is skilled and educated in the principles of mathematically related physical and applied sciences, relevant requirements of law for adequate evidence, and all requisites to the surveying of real property; and

  (d)is engaged in the practice of land surveying. See Montana Code 37-67-101

• Responsible charge: means direct charge and control and personal supervision either of engineering work or of land surveying. See Montana Code 37-67-101
• State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201