Chapter 3: Licensure
HEADING: PL 2005, c. 315, §18 (rpr)
§1351. Licensure required
In order to safeguard life, health and property, any person practicing or offering to practice the profession of engineering is required to submit evidence of qualification to practice the profession of engineering and must be licensed as provided. It is unlawful for any person to practice or to offer to practice the profession of engineering in the State or to use in connection with the person's name or otherwise assume, use or advertise any title or description tending to convey the impression that the person is a professional engineer, unless that person has been duly licensed or exempted under this chapter. [PL 2005, c. 315, § 19 (AMD).]
Section History:
[PL 1995, c. 355, § 10 (AMD).]; [PL 2005, c. 315, § 19 (AMD).]
§1352. Qualifications (REPEALED)
Section History:
[PL 1983, c. 413, § 47 (AMD).]; [PL 1991, c. 442, § 5 (AMD).]; [PL 1995, c. 355, § 11 (AMD).]; [PL 1999, c. 186, § 6 (RP).]
§1352-A. Qualifications
To be eligible for licensure as a professional engineer, an applicant must submit 5 references with the application for licensure as a professional engineer, 3 of which must be from licensed professional engineers from this State or another state, territory or possession of the United States, District of Columbia or any foreign country having personal knowledge of the applicant's engineering experience. To be eligible for certification as an engineer-intern, an applicant must submit 3 character references with the application for certification. Each applicant shall demonstrate that the applicant is trustworthy and competent to engage in the practice of professional engineering in such a manner as to safeguard the interests of the public. [PL 2005, c. 315, § 20 (AMD).]
1. Professional engineer. Minimum evidence satisfactory to the board that the applicant is qualified for licensure as a professional engineer includes the following.
A. An applicant for licensure by endorsement or comity who provides proof that the applicant is a licensed professional engineer, in good standing, in another state, territory or possession of the United States, District of Columbia or any foreign country and whose qualifications meet the requirements of this chapter upon application may be licensed without further examination. To seek licensure under this paragraph, the applicant must be a graduate of an engineering curriculum approved by the engineering accreditation commission of the accreditation board for engineering and technology or of an equivalent engineering curriculum and have not less than 4 years of acceptable engineering experience after graduation and have been licensed by passing 16 hours of written examinations. [PL 2005, c. 315, § 20 (AMD).]
B. A person holding a certificate of record verification issued by the National Council of Examiners for Engineering and Surveying whose qualifications meet the requirements of this chapter upon application may be licensed without further examination. [PL 2005, c. 315, § 20 (AMD).]
C. An applicant who provides proof of graduation from an engineering curriculum approved by the engineering accreditation commission of the accreditation board for engineering and technology or of an equivalent engineering curriculum of 4 years or more; has passed an 8-hour written examination in the fundamentals of engineering; has a record of an additional 4 years or more of progressive engineering experience, after graduation, of a grade and character that indicates to the board that the applicant may be competent to practice and has experienced increased engineering responsibilities; and has passed an 8-hour written examination in the principles and practice of engineering may be licensed as a professional engineer. An applicant for licensure may not sit for the principles and practice of engineering examination until the applicant has passed the fundamentals of engineering examination. [PL 2005, c. 315, § 20 (AMD).]
D. An applicant who provides proof of graduation from an engineering technology curriculum approved by the technology accreditation commission of the accreditation board for engineering and technology or of an equivalent engineering technology curriculum of 4 years or more; has passed an 8-hour written examination in the fundamentals of engineering; has a record of an additional 4 years or more of progressive engineering experience, after graduation, of a grade and character that indicates to the board that the applicant may be competent to practice and has experienced increased engineering responsibilities; and has passed an 8-hour written examination in the principles and practice of engineering may be licensed as a professional engineer. An applicant for licensure may not sit for the principles and practice of engineering examination until the applicant has passed the fundamentals of engineering examination. [PL 2005, c. 315, § 20 (AMD).]
E. An applicant who has a baccalaureate from an engineering or engineering technology curriculum that has not been approved by the accreditation board for engineering and technology or from an allied science curriculum of 4 years or more; has passed an 8-hour written examination in the fundamentals of engineering; has a record of an additional 8 years or more of progressive engineering experience, after graduation, of a grade and character that indicates to the board that the applicant may be competent to practice and has experienced increased engineering responsibilities; and has passed an 8-hour written examination in the principles and practice of engineering may be licensed as a professional engineer. An applicant for licensure may not sit for the principles and practice of engineering examination until the applicant has passed the fundamentals of engineering examination. [PL 2005, c. 315, § 20 (AMD).]
F. [PL 2005, c. 315, § 20 (RP).]
G. An applicant with a record of at least 15 years of experience in engineering work, of which at least 10 years has been in responsible jobs of engineering work and of a grade and character that indicates to the board that the applicant may be competent to practice engineering, who has a license to engage in the practice of engineering on the basis of experience or a non-National Council of Examiners for Engineering and Surveying examination issued by a proper authority of a state, territory or possession of the United States, the District of Columbia or any foreign country and who in the opinion of the board meets the requirements of this chapter based on verified evidence may be licensed upon application by passing an oral examination conducted by the board or by a board committee. [PL 2005, c. 315, § 20 (AMD).]
H. An applicant with a record of less than 15 years of experience in engineering work, who has a license to engage in the practice of engineering on the basis of experience or a non-National Council of Examiners of Engineering and Surveying examination issued by a proper authority of a state, territory or possession of the United States, the District of Columbia or any foreign country, may be licensed upon application by passing an 8-hour examination in the principles and practice of engineering. [PL 2005, c. 315, § 20 (AMD).]
Engineering teaching experience of 4 years or more in a college or university offering an engineering or engineering technology curriculum approved by the accreditation board for engineering and technology may be considered as engineering experience.
[PL 2005, c. 315, § 20 (AMD).]
2. Engineer-intern. Minimum evidence satisfactory to the board that the applicant is qualified for certification as an engineer-intern includes the following.
A. An applicant for certification as an engineer-intern is eligible to sit for the fundamentals of engineering examination during the applicant's senior year of college before graduation from a program approved by the accreditation board for engineering and technology. Certification as an engineer-intern may not take place until verification of graduation is received. [PL 1999, c. 186, § 7 (NEW).]
B. An applicant who provides proof of graduation from an engineering curriculum approved by the engineering accreditation commission of the accreditation board for engineering and technology or of an equivalent engineering curriculum of 4 years or more and has passed an 8-hour written examination in the fundamentals of engineering may be certified as an engineer-intern. [PL 1999, c. 186, § 7 (NEW).]
C. An applicant who provides proof of graduation from an engineering technology curriculum approved by the technology accreditation commission of the accreditation board for engineering and technology of 4 years or more and has passed an 8-hour written examination in the fundamentals of engineering may be certified as an engineer-intern.[PL 1999, c. 186, § 7 (NEW).]
D. An applicant who is a graduate of an engineering curriculum not approved by the accreditation board for engineering and technology or an allied science curriculum of 4 years or more and who has submitted a transcript showing the completion of the minimum number or engineering science and design credits as required in a curriculum approved by the accreditation board for engineering and technology and who has passed an 8-hour written examination in the fundamentals of engineering may be certified as an engineer-intern. [PL 1999, c. 186, § 7 (NEW).]
E. [PL 2005, c. 315, § 20 (RP).]
Certification as an engineer-intern is valid for an indefinite period.
[PL 2005, c. 315, § 20 (AMD).]
A person having the necessary qualifications prescribed in this chapter is eligible for licensure even though the person may not be practicing the engineering profession at the time of submitting an application. [PL 2005, c. 315, § 20 (AMD).]
Section History:
[PL 1999, c. 186, § 7 (NEW).]; [PL 2005, c. 315, § 20 (AMD).]
§1353. Application; fees
Application for licensure as a professional engineer or certification as an engineer-intern is on a form prescribed and furnished by the board; contains statements made under oath, showing the applicant's education and a detailed summary of the applicant's technical experience, and contains references as set forth in section 1352-A, none of which may be from members of the board. An application fee and an examination fee may be established by rule by the board in amounts that are reasonable and necessary for their respective purposes. [PL 2005, c. 315, § 21 (AMD).]
The licensure fee for professional engineers must be established by rule by the board in an amount not to exceed $200. [PL 2005, c. 315, § 21 (AMD).]
The fee for engineer-intern certification or enrollment must be established by rule by the board in an amount not to exceed 1/2 of the licensure fee for professional engineers. [PL 2005, c. 315, § 21 (AMD).]
Section History:
[PL 1983, c. 413, § 48 (AMD).]; [PL 1991, c. 442, § 6 (AMD).]; [PL 1995, c. 355, § 12 (AMD).]; [RR 1999, c. 1, § 44 (COR).]; [PL 2005, c. 315, § 21 (AMD).]
§1354. Examinations
Examinations must be held at such times and places as the board determines. Examinations required on fundamental engineering subjects may be taken as provided in section 1352-A. The principles and practices of engineering examinations may not be taken until the applicant has completed a period of engineering experience as set forth in section 1352-A. [PL 1999, c. 186, § 8 (AMD).]
The passing grade on any examination is established by the board. If an applicant receives a failing grade, that applicant may be readmitted to 2 subsequent examinations upon payment of an examination fee. An applicant who fails the examination a 3rd time must present 3 new references and new documentation for each subsequent request for reexamination satisfactory to the board that the applicant has acquired additional education and experience and is prepared to retake the examination. Upon approval by the board and payment of the examination fee, that applicant may be permitted to retake the examination. [PL 1999, c. 186, § 8 (AMD).]
Section History:
[PL 1983, c. 468, § 2 (AMD).]; [PL 1995, c. 355, § 13 (AMD).]; [PL 1999, c. 186, § 8 (AMD).]
§1355. Licenses; seals
The board shall issue a license upon payment of the licensure fee as provided for in this chapter, to any applicant who, in the opinion of the board, has satisfactorily met all the requirements of this chapter. The license authorizes the practice of "professional engineering." Licenses must show the full name of the licensee, have a serial number and be signed by the chair of the board under seal of the board. [PL 2005, c. 315, § 22 (AMD).]
The issuance of a license by the board is evidence that the person named therein is entitled to all the rights and privileges of a licensed professional engineer while the license remains unrevoked or unexpired. [RR 2005, c. 1, § 15 (COR).]
Each licensee upon licensure may obtain a seal of the design authorized by the board, bearing the licensee's name and the legend "licensed professional engineer." Plans, specifications, plats and reports issued by a licensee must be stamped with the seal, as prescribed in the rules of the board, during the life of the licensee's license, but it is unlawful for anyone to stamp or seal any document with the seal after the license of the licensee named thereon has expired or has been revoked, unless the license has been renewed or reissued. [PL 2005, c. 315, § 22 (AMD).]
Section History:
[RR 2005, c. 1, § 15 (COR).]; [PL 2005, c. 315, § 22 (AMD).]
§1356. Revocation and reissuance
The board may suspend or revoke the license of an engineer or the certificate of an engineer-intern pursuant to Title 5, section 10004. The board may refuse to issue or renew or the District Court, pursuant to Title 4, chapter 5, may revoke, suspend or refuse to renew the license of a licensed professional engineer or the certificate of an engineer-intern who is found guilty of: [PL 2005, c. 315, § 23 (AMD).]
1. Fraud or deceit. The practice of any fraud or deceit in obtaining a license as professional engineer or a certificate as an engineer-intern;
[PL 2005, c. 315, § 23 (AMD).]
2. Negligence or misconduct. Any gross negligence, incompetency or misconduct in the practice of professional engineering as a licensed professional engineer or as an engineer-intern; or
[PL 2005, c. 315, § 23 (AMD).]
3. Violations. Violating any provision of this chapter or any rule of the board.
[PL 1983, c. 413, § 49 (AMD).]
Any person may register a complaint of fraud, deceit, gross negligence, incompetency or misconduct against any licensed professional engineer or any engineer-intern. These complaints must be in writing, signed by the individual making the complaint and filed with the board. [PL 2005, c. 315, § 23 (AMD).]
The board, for reasons it may determine sufficient, may reissue a license to a professional engineer or a certificate to an engineer-intern to any person whose license or certificate has been revoked, provided that 4 or more members of the board vote in favor of that reissuance. A new license as a professional engineer or certificate as an engineer-intern, to replace any license or certificate revoked, lost, destroyed or mutilated, may be issued, subject to the rules of the board and a charge established by the board. [PL 2005, c. 315, § 23 (AMD).]
Section History:
[PL 1975, c. 575, § 19 (AMD).]; [PL 1977, c. 694, § §564,565 (AMD).]; [PL 1983, c. 413, § 49 (RPR).]; [PL 1995, c. 355, § 14 (AMD).]; [PL 1999, c. 186, § 9 (AMD).]; [PL 1999, c. 547, § B61 (AMD).]; [PL 1999, c. 547, § B80 (AFF).]; [PL 2005, c. 315, § 23 (AMD).]
§1357. Expiration and renewals
Licenses expire on the last day of December of odd-numbered years following their issuance or renewal and become invalid on that date unless renewed. The board shall notify every person licensed under this chapter of the date of the expiration of that person's license and the amount of the fee that is required for its renewal for a 2-year period, except when the applicant has become licensed during the first year of the 2-year period, then the renewal fee is for the remaining one year of that 2-year period. The notice must be mailed at least one month in advance of the date of the expiration of the license. Renewal may be effected at any time after completion of continuing education requirements and after receipt of notice by the payment of a fee established by rule by the board, which may not exceed $50 annually. Licenses may be renewed up to 90 days after the date of expiration upon payment of a late fee of $10 in addition to the renewal fee. Any person who submits an application for renewal more than 90 days after the license renewal date is subject to all requirements governing new applicants under this chapter, except that the board may in its discretion, giving due consideration to the protection of the public, waive examination if the renewal application is made within 3 years from the date of the expiration. [PL 2005, c. 315, § 24 (AMD).]
Section History:
[PL 1975, c. 535 (RPR).]; [PL 1983, c. 413, § 50 (AMD).]; [PL 1991, c. 442, § 7 (AMD).]; [PL 1999, c. 186, § 10 (AMD).]; [PL 2005, c. 315, § 24 (AMD).]
§1358. Exemptions from expiration and renewal fees
A person holding a valid license under this chapter on the date of entering employment in the Armed Forces of the Government of the United States during a period of war or employment in any wartime service outside of the continental United States, governmental or otherwise, under the United States or any of its allied nations is exempt, for the duration of that employment, from the payment of all renewal fees, and the licensee's license remains in full force until the next regular renewal date following the termination of that employment. [PL 2005, c. 315, § 25 (AMD).]
Section History:
[PL 1995, c. 355, § 15 (AMD).]; [PL 2005, c. 315, § 25 (AMD).]
§1359. Reciprocity (REPEALED)
Section History:
[PL 1983, c. 413, § 51 (AMD).]; [PL 1999, c. 186, § 11 (RP).]
§1360. Residents certified elsewhere
A person who is a resident of the State and has been certified in another state as an engineer-intern may be certified as an engineer-intern in this State upon payment of a fee established by the board and upon submission of evidence satisfactory to the board that certification as an engineer-intern in another state was under qualifications equivalent to those specified in this chapter for that certification. [PL 1995, c. 355, § 16 (AMD).]
Section History:
[PL 1983, c. 413, § 52 (AMD).]; [PL 1995, c. 355, § 16 (AMD).]
§1361. Retired status
A licensee who has terminated practice of engineering may apply to the board for retired status. Upon receiving an application for retired status, accompanied by the fee established by the board, the board shall issue a certificate of retired status to the applicant and record the applicant's name in the roster as a retired licensee, along with the date of retired status. [PL 2005, c. 315, § 26 (AMD).]
A retired licensee may retain but not use the seal and may not practice engineering. The board shall reissue a license to a retired licensee who pays all application fees, meets all current requirements for licensure renewal and demonstrates to the board's satisfaction that, for 2 years preceding the application for licensure, the retired licensee met the requirements for maintaining professional competence established under the board rules. [PL 2005, c. 315, § 26 (AMD).]
Section History:
[PL 1995, c. 355, § 17 (NEW).]; [PL 2005, c. 315, § 26 (AMD).]
§1362. Continuing professional education
1. Requirement for renewal. Beginning with registrations or licenses that expire in December 2005, every person seeking renewal under section 1357 must provide evidence satisfactory to the board that the person has completed 30 continuing professional education hours within the period for which the registration or license was issued.
[PL 2005, c. 315, § 27 (AMD).]
2. Failure to meet requirement. The board may not renew a license of an applicant who fails to meet the continuing professional education requirements under subsection 1. If an applicant subsequently fulfills the requirement after the license has expired, the board may renew the license for the remainder of the 2-year period for which a renewal would have been valid but for the applicant's failure to meet the continuing professional education requirement.
[PL 2005, c. 315, § 27 (AMD).]
3. Review; monitoring. The board shall review and monitor compliance with the continuing professional education requirement under subsection 1.
[PL 2005, c. 315, § 27 (AMD).]
4. Exemptions. Notwithstanding any other provisions of this chapter, the board or a 3-person committee of the board may allow an exemption or a partial exemption of the requirements of this section to a person seeking renewal under section 1357 upon the showing of an extenuating situation, hardship or disability.
[PL 2005, c. 315, § 27 (NEW).]
Section History:
[PL 2003, c. 94, § 1 (NEW).]; [PL 2005, c. 315, § 27 (AMD).]
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