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satisfied. To satisfy the function test, substantially all of
the corporation’s activities must involve the performance of
services in the field of engineering. See id.
As a threshold matter, petitioner must provide services in
the field of engineering. Although petitioner concedes that it
does provide engineering services which are clearly in the field
of engineering, petitioner contends that geotechnical testing is
not within the field of engineering. We agree with petitioner.
Geotechnical testing does not require the same education,
training, and mastery as engineering.
According to Wisconsin law, a professional engineer licensed
with the State must meet certain minimum education, experience,
and examining board requirements.2 This is not the case for
technicians who perform geotechnical testing services. There are
no standard minimum requirements to provide geotechnical testing
services under the laws of Wisconsin. According to Mr. Huseth’s
2 The basic minimum requirements are as follows: (1) A
diploma or certificate from an engineering school or college
approved by the examining board of not less than 4 years together
with an additional 4 years of experience in engineering work; or
(2) a specific record of 8 or more years of experience in
engineering work indicating that the applicant is competent to be
placed in responsible charge of such work; or (3) a specific
record of 12 years or more of experience in engineering work
indicating that the applicant is competent to practice
engineering, or (4) a diploma or certificate from an engineering
school or college approved by the examining board of not less
than 4 years, together with an additional 8 years of experience
in engineering work, all satisfactory to the examining board.
Wis. Stat. sec. 443.04 (1999).
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Last modified: May 25, 2011