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09.23.01 - Board for Professional Engineers - Proposed Regulations

PROPOSED ACTION ON REGULATIONS
MARYLAND REGISTER, VOLUME 46, ISSUE 2,
FRIDAY, JANUARY 18, 2019

Title 09 DEPARTMENT OF LABOR, LICENSING, AND REGULATION

Subtitle 23 BOARD FOR PROFESSIONAL ENGINEERS

09.23.01 Procedural Regulations

Authority: Business Occupations and Professions Article, §§14-205 and 14-208, Annotated Code of Maryland

Notice of Proposed Action
[19-002-P]

The State Board for Professional Engineers proposes to amend Regulation .04 under COMAR 09.23.01 Procedural Regulations. This action was considered by the Board at a public meeting held on November 8, 2018, notice of which was published on the Board’s website pursuant to General Provisions Article, §3-302 (c), Annotated Code of Maryland.

Statement of Purpose

The purpose of this action is to update regulations with regard to licensing examinations by specifying that (1) all applicants to take or retake the Fundamentals of Engineering Examination must apply directly to the National Council of Examiners of Engineering and Surveying; (2) all applicants to take or retake any of the Principles and Practice (PE) examinations must apply directly to the Board for Professional Engineers; and (3) applicants who fail any PE examinations three times must provide evidence of updated experience or education. In addition, the regulations delete references to outdated examination procedures applicable to the pencil-and-paper examination delivery mode.

Comparison to Federal Standards

There is no corresponding federal standard to this proposed action.

Estimate of Economic Impact

The proposed action has no economic impact.

Economic Impact on Small Businesses

The proposed action has minimal or no economic impact on small businesses.

Impact on Individuals with Disabilities

The proposed action has no impact on individuals with disabilities.

Opportunity for Public Comment

Comments may be sent to Steve Long, Executive Director, Professional Design Boards, Department of Labor, Licensing, and Regulation, 500 N. Calvert Street, Baltimore, MD 21202, or call 410-230-6262, or email to steve.long@maryland.gov, or fax to 410-962-8483. Comments will be accepted through February 19, 2019. A public hearing has not been scheduled.

Open Meeting

Final action on the proposal will be considered by the State Board for Professional Engineers during a public meeting to be held on February 14, 2019, at 500 North Calvert Street, Baltimore, MD 21202.

.04 Examinations.
  A. (text unchanged)
  B. An applicant shall apply directly to NCEES to take or retake the Fundamentals of Engineering examination [(the FE examination) only if the applicant has graduated from a college or university on completion of the Board-approved curriculum in engineering].
  [C. An applicant who does not satisfy the criteria set forth in §B of this regulation and who wishes to take the FE examination shall apply to the Board for the Board’s review of the application. The Board shall have up to 90 calendar days to review and act on a FE examination application.
  D. Applications to retake FE examinations shall be governed by the policies and procedures of NCEES, as they may be amended or updated from time to time.]
  [E.] C. An applicant to take or retake any of the Principles and Practice of Engineering examinations (the PE examination) [must file a complete application with the Board no later than 120 calendar days before the next applicable PE examination date] shall apply directly to the Board. Applications which are not complete in all respects, as detailed in the most current application form, will not be reviewed by the Board.
  [F. Applications to retake any PE examination shall be submitted for the Board’s review at least 60 days before an examination date.]
  [G.] D. An applicant who fails any PE examination three times may take the examination again only if the applicant complies with the requirements set forth in Business Occupations and Professions Article, §14-309, Annotated Code of Maryland, and submits to the Board documentation that is acceptable to the Board indicating the applicant’s updated work experience or education.

DR. STEVEN ARNDT, P.E.
Chairman