An Act To Amend Licensure for Professional Engineers
Sec. 1. 32 MRSA §1251, sub-§1-C is enacted to read:
Sec. 2. 32 MRSA §1251, sub-§5, as enacted by PL 2013, c. 296, §1, is repealed.
Sec. 3. 32 MRSA §1254, sub-§2, as amended by PL 2005, c. 315, §4, is further amended to read:
Sec. 4. 32 MRSA §1255, sub-§1, as amended by PL 2005, c. 315, §5, is repealed.
Sec. 5. 32 MRSA §1255, sub-§2, as amended by PL 2005, c. 315, §6, is repealed.
Sec. 6. 32 MRSA §1255, sub-§3, as amended by PL 2005, c. 315, §7, is further amended to read:
Sec. 7. 32 MRSA §1255, sub-§8, as enacted by PL 2007, c. 379, §3, is amended to read:
All the work that is done under these exemptions must be in accordance with the licensing requirements of the trade involved, including, but not limited to, all applicable construction industry design standards such as the National Fire Protection Association standards, codes, the Maine Uniform Building and Energy Code adopted pursuant to Title 10, chapter 1103 and any other state and municipal building and energy codes the State Fire Marshal’s requirements and ASHRAE Standard 62 and ASHRAE Standard 90 then in effect.
Sec. 8. 32 MRSA §1256, first ¶, as amended by PL 2005, c. 315, §10, is further amended to read:
A person who practices or offers to practice the profession of engineering in this State without being licensed or exempted in accordance with this chapter, or a person presenting or attempting to use the license or the seal of another, or a person who gives a false or forged evidence of any kind to the board or to a member of the board in obtaining a license, or a person who falsely impersonates any other licensee of like or different name, or a person who attempts to use an expired or revoked license, or a person who violates any of the provisions of this chapter for which a penalty has not been prescribed commits a civil violation for which a fine of not more than $1,000 $10,000 may be adjudged.
Sec. 9. 32 MRSA §1306, sub-§3, as amended by PL 2005, c. 315, §15, is further amended to read:
The board may not refuse to renew a license for any reason other than failure to pay a required fee and or failure to meet the continuing education professional development 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 as long as 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.
Sec. 10. 32 MRSA §1309, as amended by PL 2005, c. 315, §17, is further amended to read:
§ 1309. Roster of licensed professional engineers
A The board shall maintain 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 on its publicly accessible website. 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 must be made available upon request for such fees as the board may authorize in its rules.
Sec. 11. 32 MRSA §1352-A, sub-§1, ¶B, as amended by PL 2013, c. 296, §2, is further amended to read:
Sec. 12. 32 MRSA §1352-A, sub-§1, ¶¶D and E, as amended by PL 2013, c. 296, §2, are further amended to read:
Sec. 13. 32 MRSA §1352-A, sub-§2, ¶A, as amended by PL 2013, c. 296, §3, is further amended to read:
Sec. 14. 32 MRSA §1352-A, sub-§2, ¶C, as amended by PL 2013, c. 296, §3, is further amended to read:
Sec. 15. 32 MRSA §1352-A, sub-§2, ¶D, as amended by PL 2013, c. 588, Pt. A, §40, is further amended to read:
Sec. 16. 32 MRSA §1354, as amended by PL 2013, c. 296, §5, is further amended to read:
§ 1354. Examinations
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.
The passing grade on any examination is established by the board national council. If an applicant receives a failing grade on the principles and practices of engineering examination, that applicant may be readmitted to 2 subsequent examinations. An applicant who fails to complete the application process within 5 years , or who fails the principles and practices of engineering examination a 3rd time must reapply to the board, meet qualification requirements that are in effect at the time of the new application and present 3 new references and new updated 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, that applicant may be permitted to retake the examination of engineering work experience.
Sec. 17. 32 MRSA §1356, last ¶, as amended by PL 2005, c. 315, §23, is further amended to read:
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 as long as 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 fee established by the board.
Sec. 18. 32 MRSA §1361, 2nd ¶, as amended by PL 2013, c. 296, §7, is further amended to read:
A retired licensee may retain but not use the seal and may not practice engineering. A retired licensee may apply for reinstatement to active status in accordance with section 1357 and after completing continuing education professional development requirements according to board rules.
Sec. 19. 32 MRSA §1362, as amended by PL 2005, c. 315, §27, is further amended to read:
§ 1362. Professional development
summary
This bill amends the laws governing licensure for professional engineers and certification for engineer-interns. The bill:
1. Changes the term "technology accreditation commission" to "engineering technology education commission" to reflect current usage;
2. Clarifies language regarding the use of professional engineers in public works projects;
3. Repeals the temporary licensing provisions for nonresidents;
4. Clarifies and updates references to the building standards and eliminates references to standards that have been superseded;
5. Increases the maximum penalty for violations to $10,000;
6. Clarifies that the State Board of Licensure for Professional Engineers may refuse to renew a license for failure to pay a required fee or for failure to meet continuing education requirements, which the bill renames professional development requirements;
7. Allows the board to maintain its roster of active licensed professional engineers on its publicly accessible website;
8. Changes the term "certificate of record" to "active national council record" to reflect current usage of the National Council of Examiners for Engineering and Surveying;
9. Clarifies and updates language regarding education requirements and examinations;
10. Identifies the National Council of Examiners for Engineering and Surveying engineering education standard as the standard used by the board when accepting engineering and engineering technology credits from a program not approved by the accreditation board;
11. Eliminates language regarding examinations on fundamental engineering subjects and amends language on passing examination grades and the number of times an examination may be taken by an applicant; and
12. Clarifies language regarding reinstatement of a license after revocation.