(a) The practice of or offer to practice engineering by consulting engineers registered under this article, through a firm, corporation, copartnership, joint stock association or private practitioner employing others, referred to hereinafter as a firm, is permitted: Provided, That the person in direct control or having personal supervision of the practice and all personnel who act in behalf of the firm in professional matters are registered under this article: Provided, however, That the firm has been issued a certificate of authorization by the board.
(b) A firm desiring a certificate of authorization must file with the board an application using a form provided by the board and the firm shall provide all the information required by the board. A form as provided by the board is to be filed with the board with the renewal fee and within thirty days of the time any information contained on the form is changed or differs for any reason. If the information contained on the form warrants action, the board, in its judgment, may issue a certificate of authorization for the firm to practice engineering and to contract and collect fees for furnishing this service.
(c) No firm shall be relieved of responsibility for the conduct or acts of its agents, employees, officers or partners by reason of its compliance with the provisions of this article. No individual practicing engineering under the provisions of this article shall be relieved of responsibility for engineering services performed by reason of his or her employment or other relationship with a firm holding an authorization certificate.
(d) An engineer who renders occasional, part-time or consulting engineering services to or for a firm may not, for the purposes of this article, be designated as being responsible for the professional activities of the firm unless that engineer is an owner or principal of the firm.
(e) Effective one year from the effective date of this article, the secretary of state shall stop issuing a certificate of incorporation to an applicant or a registrant as a foreign firm to a firm which includes, among the objectives for which it is established, the words engineer, engineering or any modification or derivation thereof unless the board of registration for this profession has issued to the applicant or registrant a certificate of authorization or a letter indicating eligibility to receive the certificate. The certificate or letter from the board shall be filed with the firm's application for incorporation or registration.
(f) Effective one year after the effective date of this article, the secretary of state shall decline to register any trade name or service mark which includes the words engineer, engineering or modifications or derivatives thereof in its firm name or logotype except those firms holding authorization certificates issued under the provisions of this article.
(g) The certificate of authorization may be renewed.
Note: WV Code updated with legislation passed through the 2012 1st Special Session