Rules > Chapter 2
Chapter 2: LICENSURE OF PROFESSIONAL ENGINEERS
SUMMARY:This chapter contains provisions relating to licensure requirements and exemptions for Engineers and Engineer Interns, fees and examinations. It also contains definitions necessary for interpretation of this chapter.
Section 1 - Definitions
- The term "Act" refers to Title 32, Chapter 19, Maine Revised Statutes Annotated (32 M.R.S.A. Section 1251 et seq.).
- The term "Board" has the same meaning as set forth in Section 1251 (1) of the Act.
- The term "Professional Engineer" has the same meaning as set forth in Section 1251 (4) of the Act.
The term "practice of Professional Engineering" has the same meaning as set forth in Section 1251 (3) of the Act.
- The term "Approved Engineering Curricula" means those curricula accredited by the Accreditation Board for Engineering and Technology or approved by the Board.
- "Code of Ethics," means the MAINE PROFESSIONAL ENGINEERS CODE OF ETHICS set forth in Section 14 of these Rules.
Section 2 - Licensure
- Any person desiring to practice professional engineering in the State of Maine may apply to the Board for a Certificate of Licensure and submit documentation of qualifications to the Board on forms furnished by the Board by requesting the forms by contacting the Board by telephone or in writing or from the Board's web site.
- Professional Engineers licensed under this Act must keep their certificates of licensure issued by the Board posted conspicuously in their principal place of business.
A certificate issued prior to the Statute changes of 2005, with the term "Registration" remains valid until expiration.
- Professional Engineers licensed under the Act are expected to practice within their area of competence. The Act makes no specific designations as to the branches of engineering practice for which certificates of licensure are issued. The Board recognizes each accredited branch of engineering for which degrees are offered in Approved Engineering Curricula and issues certificate of licensure to applicants who qualify under provisions of the Act and are in conformity with the rules of the Board.
- In administering the Act and formulating its procedures, the Board recognizes the following fundamental obligations:
- To protect the public, within the limits of the Act, from such dangers affecting life, health, and property as may arise from the actions of incompetent or unethical persons practicing professional engineering;
- To respect the right to a means of a livelihood of an individual who is licensed to practice professional engineering; and
- To enforce compliance with the Act and these Rules by Engineers and Engineer Interns licensed or certified by this Board.
Section 3 - Exemptions
The procedure for applying for authorization for exemptions pursuant to 32 M.R.S.A. Section 1255 (1) and (2), is as follows:
- An applicant for authorization for exemption must apply to the Board in writing on forms furnished by the Board's office or on the Board's web site. The application must provide written notification to the Board of the applicant's intention to engage in the practice of engineering in this State.
This application must include the following information:
- The name and address of the person;
- The date on which the person intends to begin the practice of engineering or offers to practice engineering in this State and the name(s) of the person(s) or company (ies) for whom engineering services are being provided, along with the location of the project(s) and type of engineering being provided;
- The license or registration number and a statement of where the person is currently licensed, registered, or certified as Professional Engineer; and
- A copy of the statutory requirements of the state where the applicant is currently licensed, registered or certified.
- A fee of $100.00.
Qualified applicants will receive a Temporary Certificate signed by the Board Chair- and the - Executive Director. The Temporary Certificate must be received before work may commence in the State.
Section 4 - Application for - Licensure as a Professional Engineer and for Certification as an Engineer-Intern
- Applications for - licensure as a Professional Engineer and certification as an Engineer-Intern must be made on forms furnished by the Board.
- Approval of an application for certification as an Engineer-Intern admits the applicant to the examination. Passage of the examination and proof of graduation entitles the applicant to a certificate as an Engineering-Intern.
Section 5 - Classes of Applicants
All applicants must designate on the form provided by the Board the classification from the following schedule of minimum requirements under which they make application. .
- Professional Engineer
- By endorsement or comity, without further examination. Theapplicants must provide documentation that they meet the requirements of 32 M.R.S.A. Section 1352-A (1)(A) or (1)(B).
- By Graduation, Experience and Examination. The applicants must provide documentation that they meet the requirements of 32 M.R.S.A. Section 1352-A (1)(C), (1)(D) or (1)(E). In determining the required experience the following may be used:
- Award of a master's degree in engineering from an approved curriculum may be counted as 1 year of experience;
- A maximum of two years of experience may be granted for a Doctorate's degree or combination of a Doctorate's degree and Master's degree in engineering from an approved curriculum.
- By Recognition of Licensure in Other Jurisdictions. Applicants who are registered or licensed in other jurisdictions must provide documentation that they meet the requirements of 32 M.R.S.A. Section 1352-A (1)(G) or (1)(H).
- By Graduation and Examination. Engineer-Intern applicants must provide documentation that they meet the requirements of 32 M.R.S.A. Section 1352-A (2)(B), (2)(C) or (2)(D).
- Engineer Retired
Licensees who meet the requirements of 32 M.R.S.A. Section 1361 may apply for Retired Status, by checking the appropriate box on the renewal form and paying the indicated fee.
Section 6 - Application and - Licensure Fees
Applications for - licensure are addressed to the - Executive Director of the State Board of Licensure for Professional Engineers.
- The schedule of fees is as follows:
- The application fee for Professional Engineers is $25.00 and must accompany the application. The licensure fee for Professional Engineers is $40.00 per year and must be paid before issuance of the certificate.
- The application fee for Engineer-Intern certification is $10.00 and must accompany the application. For engineering and engineering technology students enrolled in an accredited program at the time of the Fundamentals of Engineering examination, half of the application fee may be waived.
- The biennial fee for renewal of - licensure is $80.00 and must accompany the renewal application.
- The biennial fee for renewal as retired status is $10.00 and must accompany the renewal application.
- A late fee of $10.00 in addition to the biennial fee will be charged for applications received after the date of expiration through March 31stof the even numbered year. After March 31st, of the even numbered year, the late fee is $25.00.
- The - Executive Director or staff reviews applications received by the Board for conformity with the Rules. Applications accompanied by proper fees and in the form prescribed are entered in the records of the Board. Applications not accompanied by proper fees or not conforming entirely to the Rules will either be returned to the applicant with instructions for correction or held for consideration by the Board.
- References, employers and supervisors are contacted in the manner prescribed by the Board. If replies from the references cited are not received within a reasonable time, the - Executive Director or staff will notify the applicant, and request additional references. If an application is based on the endorsement provisions of the Act, the - Executive Director or staff may obtain from the examining board which issued the certificate of registration or license involved information about the basis for the issuance of said certificate or license. The inquiry may be omitted, if the certificate offered is a national engineering certification from the National Council of Examiners of Engineering and Surveying. When all necessary information has been gathered with regard to a given application, the application and all incidental papers are brought to the Board at their next meeting.
With applications for - licensure of all apparently well qualified applicants that may be deficient only in terms of engineering references or because of limited time of residence, the Board may waive such references , in order to allow the applicant to be examined but will not grant - licensure until all requirements are satisfied.
- The - Executive Director and a member of the Board may approve applications based on the endorsement provisions of the Act. Those approvals are subject to Board review and concurrence.
Section 7 - Examinations
- Examinations are required of all applicants who do not qualify for - licensure by endorsement.
- The Board administers the Fundamentals of Engineering examination and Principles and Practice of Engineering examination, which are national examinations prepared and scored by the National Council of Examiners for Engineering and Surveying (NCEES).
- In the Principles and Practice of Engineering examinations, applicants may use textbooks, handbooks, bound reference material, and a slide rule or calculator approved by NCEES which is subject to the inspection of the examiner. In the Fundamentals of Engineering examination, applicants may only use the NCEES furnished "Fundamental of Engineering (FE) Reference Handbook" and a slide rule or calculator approved by NCEES which is subject to the inspection of the examiner.
- Examinations are held at locations determined by the Board and are given in the spring and fall on dates established by NCEES for all jurisdictions that use its examinations.
- As soon as is practicable, the Board notifies the candidate of the results. The passing grade on any examination is 70.
- A candidate failing an examination may apply for reexamination at a regularly scheduled examination, in accordance with 32 M.R.S.A. Section 1354.
- The fee for examination or reexamination for Fundamentals of Engineering (FE) is the cost of the examination and its administration as charged by NCEES.
- The fee for examination or reexamination for Principles and Practice of Engineering (PE) is $25.00 plus the cost of the examination and its administration as charged by NCEES.
- The fee for an oral examination is $250.00
- Applicants who fail to appear without notice at two or more scheduled examinations may be required to appear before the Board to establish their intent and qualifications.
Section 8 - References
- Each applicant for - licensure as a Professional Engineer must submit the names and addresses of at least five persons, three of whom are licensed engineers, who can verify all or part of the information submitted. Each applicant for certification as an Engineer-Intern must submit names and addresses of three character references.
Section 9 - Rejection
- Any Person whose application is rejected will be so notified in writing within thirty days of rejection by the Board.
- The written notice will advise the applicant of the reasons for rejection and the right to appeal. The applicant may also submit additional evidence for consideration by the Board.
Section 10 - Certificates of Licensure and Licensure Card
- The Board will issue a card certifying that the applicant holds a certificate of licensure. Each certificate is numbered in the order of its completion and will be signed by the Chair of the Board and the Executive Director.
- Any person licensed under the Act and doing business with the public as an individual, or as a chief executive, or as a consultant, must keep the certificate of licensure posted conspicuously in the place of business where the public may examine it.
- In the event a certificate of licensure or certification card is lost, destroyed, or mutilated, a duplicate will be issued upon payment of a fee of $15.00, unless waived by the Board.
Section 11 - Licensure Seals
- Each - licensee, upon notification of licensure, is authorized to obtain an official seal of the size and design prescribed by the Board and to affix the seal to any engineering plans, specifications, and reports the - licensee may prepare. The seal may be an embossed seal, rubber stamp or an electronically generated image.
- A seal shall be applied, signed and dated in the following cases:
- On all plans or documents formally filed or offered for filing with any public body or agency;
- On all plans, specifications, and reports prepared by or under the direction of the responsible licensed engineer; and
- On all plans, specifications, and documents formally submitted to contractors for bids or estimates, when released for construction.
- Seals need not be affixed on any engineering plans, specifications, and reports which are prepared and properly identified as preliminary or working drawings submitted for review purposes.
- Any licensed engineer may apply a seal on any plans or documents, provided such plans or documents are prepared or reviewed personally or under the supervision of that licensed engineer and the licensed engineer takes full responsibility for them, whether adequate compensation is received or not. Preliminary plans must clearly indicate that they are not final.
- Where drawings or documents are bound together, the application of the seal on the first sheet or page is considered sufficient, but the first sheet must bear a statement of the number of sheets covered by the seal.
- The signature of the responsible professional engineer must accompany the seal. A signature may be an electronic signature as defined by 10 M.R.S.A. Section 9402.
- Each licensee is responsible for the proper use of the licensee's seal.
- Sealed documents may be transmitted electronically.
Section 12 - Expirations, Renewals, and Professional Development Hours (PDH)
- All certificates of licensure expire on December 31 of each odd-numbered year following issuance or renewal, making subsequent practice illegal.
- The Executive Director of the Board notifies each person licensed under the Act of the expiration date of the licensee's certificate and the amount of the fee required for its renewal. The notice is mailed at least one month in advance of the date of expiration. Renewal of the certificate will follow upon payment of the fee.
- Each licensee shall obtain at least 30 professional development hours (PDH) of continuing education during the biennial renewal period, as a condition of licensure renewal. If the licensee exceeds the requirement in any renewal period, a maximum of 15 PDH may be carried forward into the next renewal period.
- Professional development hours shall be relevant to the practice of engineering. Such continuing education activities may include technical, ethical or managerial material.
Professional Development Hours shall be credited as follows:
- One hour for college courses and continuing education courses will be awarded for each contact hour as determined by the College or continuing Education Unit offering the course, if the course is not approved by the Engineering Accreditation Commission of the Accreditation Board for Engineering and Technology. (EAC-ABET). Forty-five hours will be awarded for the successful completion of a one semester-hour EAC-ABET approved college course. Thirty hours shall be awarded for the successful completion of a quarter-hour EAC-ABET approved college course.
- One hour will be awarded for professional development in course work, seminars, or professional technical presentations made at meetings, conventions, or conferences for each hour of attendance.
- Teaching or instructing at qualifying courses, seminars, or making technical presentations at meetings shall earn hour credit at twice that of participants. Teaching credit shall be valid for teaching a course or seminar for the first time only. Teaching credit shall not apply to full-time faculty.
- Each professional journal, published paper, article or engineering text published within the applicable license period will earn 10 hours of credit.
- Active participation in professional or technical societies will earn 2 hours, provided that a registrant serves as an officer or committee member who actively participates within the organization or committee. Professional development hour credit shall not be earned until each year of service is completed and shall be limited to 2 professional development hours per organization.
- Filing a patent application will earn ten professional development hours.
- The number of hours required to renew a license that was issued for less than the full two year renewal period will be pro-rated by the number of months the license has been in effect, rounded up to the next higher whole number. For example, a licensee who has held a license for six months will be required to obtain 8 Professional Development Hours.
- A licensee may earn a maximum of 15 PDH's for the two year renewal period
- Active participation as a pro bono committee member involved in the development, revision or update of standards; specifications; technical instructions or codes intended for use or guidance of professional engineers or for the protection of public health and safety.
- Record Keeping:
The licensee shall be responsible for maintaining records to be used to support credits claimed. Records required include, but are not limited to:
- A log showing the type of activity claimed, sponsoring organization, location, duration, instructor's or speaker's name, and credits earned;
- Documents supporting evidence of attendance;
- Records must be maintained for a period of three years. Such documentation shall be made available to the board for random audit and/or verification purposes. Documentation must support the professional development hours claimed.
- Non Resident Licensees:
Licensees who are residents of jurisdictions other than Maine shall meet the continuing professional development requirements of the State of Maine.
A licensee may reinstate an inactive status, by obtaining all delinquent Professional Development Hours. If the total number required to become current exceeds 30 PDH, then 30 PDH shall be the maximum required.
Section 13 - National Council
The Board is a member of the National Council of Examiners for Engineering and Surveying.
Section 14 - MAINE PROFESSIONAL ENGINEERS CODE OF ETHICS
To comply with the purpose of the Act, which is "to safeguard life, health and property," and to maintain a high standard of integrity and practice, the Maine Board of Licensure for Professional Engineers has developed this Code of Ethical Conduct.
This Code of Ethical Conduct shall be binding on every person holding a certificate of licensure to offer or perform engineering services in Maine. To the extent applicable, it shall also be binding on every person who holds a certificate as an Engineer-Intern in Maine. Persons holding either a certificate or a temporary permit to practice are referred to hereinafter as -licensees.
Licensees are required to be familiar with the Act and rules of the Board of Licensure and this Code of Ethical Conduct. This Code of Ethical Conduct delineates specific obligations the licensee must meet. In addition, each licensee is charged with the responsibility of adhering to standards of highest ethical and moral conduct in all aspects of practice of Professional Engineering or preparation for such practice as an Engineer-Intern.
Practice under the Maine Engineering Licensure Statute is a privilege, as opposed to a right. All licensees shall exercise their privilege of practicing by performing services only in the areas of their competence according to current standards of technical competence.
Licensees shall recognize their responsibility to the public and shall represent themselves before the public only in an objective and truthful manner.
Licensees shall avoid conflicts of interest and faithfully serve the legitimate interests of their employers, clients, and customers within the limits defined by these rules. Their professional reputation shall be built on the merit of their services, and they shall not compete unfairly with others.
- OBLIGATION TO SOCIETY
- Licensees, in the performance of their services for clients, employers and customers, shall be cognizant that their first and foremost responsibility is to the public welfare.
- Licensees shall approve and seal only those design documents that conform to accepted engineering standards and safeguard the life, health, property and welfare of the public.
- Licensees shall notify their employer or client and such other authority as may be appropriate, when their professional judgement is overruled under circumstances where the life, health, property, or welfare of the public is endangered.
- Licensees shall be objective and truthful in professional reports, statements or testimony. They shall include all relevant pertinent information in such reports, statements or testimony.
- Licensees shall express a professional opinion publicly when it is founded upon an adequate knowledge of the facts and a competent evaluation of the subject matter.
- Licensees shall issue no statements, criticisms or arguments on technical matters which are inspired or paid for by interested parties, unless they explicitly identify the interested parties on whose behalf they are speaking and reveal any interest they have in the matters.
- Licensees shall not permit the use of their name by, nor associate in business ventures with, any person or firm which is engaged in fraudulent or dishonest business or professional practices.
- Licensees having knowledge of possible violations of any part of the provisions of the Act or rules thereunder including this Code of Ethical Conduct shall provide the State Board information and assistance necessary to the final determination of such violation.
- Licensees shall cooperate fully with the Complaint Committee and the Board, and shall promptly supply requested information to the Committee and the Board.
- Licensees shall follow a program of continuing education as may be necessary to maintain their currency and competence.
- OBLIGATION TO EMPLOYER AND CLIENTS
- Licensees shall undertake assignments only when qualified by education or experience to perform the engineering involved.
- Licensees may affix their signature and seal to any plan or document dealing with subject matter only in which they are competent or to any plan or document prepared or reviewed under their direct control and personal supervision for which they take full responsibility.
- Licensees may accept assignments for coordination of an entire project, provided that each design segment is signed and sealed by the registrant responsible for preparation of that design segment.
- Licensees shall not reveal confidential, proprietary, or otherwise protected information obtained in a professional capacity without the prior consent of the client or employer, except as authorized or required by law.
- Licensees shall not solicit or accept financial or other valuable consideration, directly or indirectly, from contractors, their agents or other parties in connection with their work for other employers or clients.
- Licensees shall make full prior disclosures to their employers or clients of potential conflicts of interest or other circumstances, which would influence or appear to influence their judgment or the quality of their service.
- Licensees shall not accept compensation, financial or otherwise, from more than one party for services pertaining to the same project, unless the circumstances are fully disclosed and agreed to by all interested parties.
- Licensees shall not solicit or accept a professional contract from a governmental body on which a principal or officer of their organization serves as a member. Conversely, licensees who are principals or employees of a private concern and serve as members, advisors, or employees of a governmental body or department, shall not participate in decisions with respect to professional services offered or provided by said concern to the governmental body which they serve.
- OBLIGATION TO OTHER LICENSEES
- Licensees shall not falsify or permit misrepresentation of their or their associates academic or professional qualifications. They shall not misrepresent or exaggerate theirdegree of responsibility in prior assignments nor the complexity of said assignments. Presentations incident to the solicitation of employment or business shall not misrepresent pertinent facts concerning employers, employees, associates, joint ventures and past accomplishments.
- Licensees shall not offer, give, solicit, receive, either directly or indirectly, any commission, gift or other valuable consideration in order to secure work and shall not make any political contribution with the intent to influence the award of a contract by public authority.
- Licensees shall not attempt to injure, maliciously or falsely, directly or indirectly, the professional reputation, prospects, practice or employment of other licensees nor indiscriminately criticize other licensees' work.
STATUTORY AUTHORITY: 32 M.R.S.A. Section 1306 (2)
- November 22, 1983 - Sec. 7(D)
- February 10, 1988
- April 30, 1990
- October 1, 1990
- October 9, 1991
- March 11, 1996
EFFECTIVE DATE (ELECTRONIC CONVERSION):
- March 12, 2003 - filing 2003-66
- March 24, 2003 - Section 11(3)
- May 25, 2004 - filing 2004-162
- July 8, 2006- 2006 299-301
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