Request By:
William S. Howard, Board Counsel
c/o Kentucky State Board of Registration
for Professional Engineers and Land Surveyors
P.O. Box 612
Frankfort, Kentucky 40602
Opinion
Opinion By: Steven L. Beshear, Attorney General; Patrick B. Kimberlin III, Assistant Attorney General
This is in response to your recent letter to our Office wherein you request our opinion as to the following two questions:
"1. Is it a violation of KRS 322.020 for a person or corporation to use the business name "Jones Engineering Company" where Mr. Jones, who is engaged in the business, is not licensed as a professional engineer but has associates or employees who are also engaged in the business on a substantially full-time basis who are so licensed?
"2. Is it a violation of KRS 322.020 for a person or corporation to do business udner the name "Jones Engineering Company" where neither Mr. Jones nor any other party connected with the business is licensed as a professional engineer?"
First, in answering your questions we are assuming that the term, "engineering," as used in the name of the hypothetical company and the "engineering" services which are performed are those which are defined and described in KRS 322.010(4) and (5). Given the foregoing, it is our opinion that not all members of an engineering company such as the one you suggest hypothetically need be licensed professional engineers in order to avoid violating KRS 322.020. As long as some of the members of the company are licensed professional engineers and the engineering services performed by the company are performed by those licensed professional engineers in their own names, we see no violation of the law. Compare OAG 39-731 and OAG 75-450 (copies enclosed).
As to your second question, it is our opinion that a violation of KRS 322.020 does occur when a person or corporation is doing business under a name such as "Jones Engineering Company" where neither Mr. Jones nor any other person connected with that particular business is licensed as a professional engineer. Again, we are assuming that the engineering referred to here is that described in KRS 322.010(4) and (5). Such services can only be performed by and in the name of an individual who is a licensed professional engineer. The proffering of such services or the carrying out of such services by someone who is not a licensed professional engineer would be strictly prohibited under KRS 322.020. See OAG 65-776 (copy enclosed).
We hope that the foregoing adequately answers your questions.