Chapter 2: State Board Of Licensure

HEADING: PL 2005, c. 315, §11 (rpr)

§1301. Appointment; term

The State Board of Licensure for Professional Engineers, as established by Title 5, section 12004-A, subsection 16, administers this chapter. The board consists of 7 members. Six members are appointed by the Governor, of which 5 must be professional engineers who have the qualifications required by section 1302 and one must be a public member. The 7th member is the Chief Engineer of the Department of Transportation who shall serve as an ex officio voting member. To the extent that qualified nominees are available, appointment of nonpublic members must be made to ensure that a variety of engineering disciplines are represented. Nominees for appointment may be recommended to the Governor by representative engineering societies in the State. [PL 2005, c. 315, § 12 (AMD).]

Appointments are for 5-year terms. Appointments of members must comply with section 60. [PL 1993, c. 600, Pt. A, § 103 (AMD).]

Section History:

[PL 1975, c. 575, § 16 (AMD).]; [PL 1975, c. 771, § 341 (AMD).]; [PL 1983, c. 413, § 42 (RPR).]; [PL 1983, c. 812, § 204 (AMD).]; [PL 1989, c. 503, § B126 (AMD).]; [PL 1991, c. 442, § 3 (AMD).]; [PL 1993, c. 600, § A103 (AMD).]; [PL 1995, c. 355, § 5 (AMD).]; [PL 2005, c. 315, § 12 (AMD).]

§1302. Qualifications

Each member of the board must be a citizen of the United States and a resident of this State, and each engineer member must have been engaged in the practice of the profession of engineering for at least 12 years and must have been in responsible charge of engineering work for at least 5 years. Teaching of engineering courses in a college or university offering an approved engineering curriculum of 4 years or more may be construed as responsible charge of engineering work. [PL 1999, c. 186, § 3 (AMD).]

Section History:

[PL 1975, c. 575, § 17 (AMD).]; [PL 1995, c. 355, § 6 (AMD).]; [PL 1999, c. 186, § 3 (AMD).]

§1303. Compensation and expenses

Members of the board shall be compensated according to the provisions of Title 5, chapter 379. Clerical expenses shall not be allowed any member of the board, except as provided in section 1307. [PL 1983, c. 812, § 205 (RPR).]

Section History:

[PL 1983, c. 812, § 205 (RPR).]

§1304. Removal

The Governor may remove a member of the board for cause. [PL 1993, c. 600, Pt. A, § 104 (AMD).]

Section History:

[PL 1975, c. 771, § 342 (AMD).]; [PL 1983, c. 413, § 43 (AMD).]; [PL 1993, c. 600, § A104 (AMD).]

§1305. Organization and meetings

The board shall meet at least once a year to conduct its business and to elect its officers. Additional meetings must be held as necessary to conduct the business of the board, and may be convened at the call of the chair or a majority of the board members. [PL 2005, c. 315, § 13 (AMD).]

The board shall elect or appoint annually a chair and vice-chair. A quorum of the board consists of not less than 4 members. The board may adopt and have an official seal. [PL 2005, c. 315, § 13 (AMD).]

Section History:

[PL 1975, c. 575, § 18 (AMD).]; [PL 1983, c. 413, § 44 (RPR).]; [PL 2005, c. 315, § 13 (AMD).]

§1306. Powers

The board shall have the following duties and powers in addition to those otherwise set forth in this chapter. [PL 1983, c. 413, § 45 (RPR).]

1. Licenses; enforcement. The board shall evaluate the qualifications and supervise the examination of applicants for licensure under this chapter. The board may order an investigation of a licensee on its own motion or on written complaint filed with the board regarding noncompliance with or violation of any section of this chapter or of any rules adopted by the board.

[PL 2005, c. 315, § 14 (AMD).]

2. Rules. The board may, in accordance with procedures established by the Maine Administrative Procedure Act, Title 5, chapter 375, subchapter II, adopt such rules as may be reasonably necessary for the proper performance of its duties and the administration of this chapter.

[PL 1983, c. 413, § 45 (NEW).]

3. Hearings. Hearings may be conducted by the board to assist with investigations, to determine whether grounds exist for suspension, revocation or denial of a license, or as otherwise considered necessary to the fulfillment of its responsibilities under this chapter.

The board may not refuse to renew a license for any reason other than failure to pay a required fee and failure to meet the continuing education requirements, unless it has afforded the licensee an opportunity for an adjudicatory hearing. The board shall hold an adjudicatory hearing at the written request of any person who is denied a license without a hearing for any reason other than failure to pay a required fee, provided that the request for hearing is received by the board within 30 days of the applicant's receipt of written notice of the denial of the application, the reasons for the denial and the right to request a hearing. Hearings must be conducted in conformity with Title 5, chapter 375, subchapter 4 to the extent applicable. The board may subpoena witnesses, records and documents in any hearing it conducts.

[PL 2005, c. 315, § 15 (AMD).]

4. Contracts. The board may enter into contracts to carry out its responsibilities under this chapter.

[PL 1983, c. 413, § 45 (NEW).]

Section History:

[PL 1977, c. 694, § 563 (AMD).]; [PL 1983, c. 413, § 45 (RPR).]; [PL 1995, c. 355, § 7 (AMD).]; [PL 2005, c. 315, § §14,15 (AMD).]

§1307. Receipts and disbursements

The board shall receive and account for all money derived under this chapter and shall pay the money, as provided by law, to the Treasurer of State, who shall keep the money in a separate fund to be known as the "Professional Engineers' Fund." The board may make other expenditures from this fund, upon itemized vouchers approved by the chair of the board, that in the opinion of the board are reasonably necessary for the proper performance of its duties under this chapter. [PL 1999, c. 186, § 4 (AMD).]

Section History:

[PL 1995, c. 355, § 8 (AMD).]; [PL 1999, c. 186, § 4 (AMD).]

§1308. Records and reports

The board shall keep such records and minutes as are necessary to the ordinary dispatch of its functions. [PL 1983, c. 413, § 46 (RPR).]

Not later than August 1st of each year, the board shall submit to the Commissioner of Professional and Financial Regulation a report of its transactions of the preceding fiscal year ending June 30th and shall transmit to the commissioner a complete statement of the receipts and expenditures of the board, attested by affidavits of its chair. [PL 2005, c. 315, § 16 (AMD).]

The commissioner shall act as a liaison between the board and the Governor. [PL 1983, c. 413, § 46 (RPR).]

The commissioner may not exercise or interfere with the exercise of discretionary, regulatory or licensing authority granted by statute to the board. The commissioner may require the board to be accessible to the public for complaints and questions during regular business hours and to provide any information the commissioner requires in order to ensure that the board is operating administratively within the requirements of this chapter. [PL 1993, c. 659, Pt. B, § 6 (AMD).]

The board shall submit to the Commissioner of Professional and Financial Regulation its budgetary requirements in the same manner as is provided in Title 5, section 1665. The budget submitted by the board to the commissioner must be sufficient to enable the board to comply with this subchapter. [PL 1993, c. 659, Pt. B, § 7 (AMD).]

Section History:

[PL 1977, c. 604, § 15 (AMD).]; [PL 1981, c. 456, § §A107,A108 (AMD).]; [PL 1983, c. 413, § 46 (RPR).]; [PL 1983, c. 553, § 46 (AMD).]; [PL 1983, c. 758, § §5,6 (AMD).]; [RR 1993, c. 1, § §82,83 (COR).]; [PL 1993, c. 659, § §B6,7 (AMD).]; [PL 2005, c. 315, § 16 (AMD).]

§1309. Roster of licensed professional engineers

A roster showing the names of all active licensed professional engineers and newly certified engineer-interns is prepared by the board during the first calendar quarter of each even-numbered year. A supplementary roster of newly licensed professional engineers and newly certified engineer-interns is prepared by the board during the first calendar quarter of each odd-numbered year. The rosters must give the place of business of each listed licensed professional engineer. Copies of the roster and of the supplementary roster are provided to each active professional engineer listed on the roster and furnished to the public upon request for such fees as the board may authorize in its rules. [PL 2005, c. 315, § 17 (AMD).]

Section History:

[PL 1979, c. 13, § 9 (RP).]; [PL 1979, c. 541, § A206 (REN).]; [PL 1981, c. 2 (RPR).]; [PL 1981, c. 456, § A109 (AMD).]; [PL 1981, c. 698, § 158 (AMD).]; [PL 1991, c. 442, § 4 (AMD).]; [PL 1995, c. 355, § 9 (AMD).]; [PL 1999, c. 186, § 5 (AMD).]; [PL 2005, c. 315, § 17 (AMD).]

BOARD INFORMATION

Chapter 2: State Board Of Licensure