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09.23.01.00.htm 09.23.01.00. Title 09 DEPARTMENT OF LABOR, LICENSING, AND REGULATION Subtitle 23 BOARD FOR PROFESSIONAL ENGINEERS Chapter 01 Procedural Regulations Authority: Business Occupations and Professions Article, §14-205 and 14-208; State Government Article, §10-204; Annotated Code of Maryland
09.23.01.01.htm 09.23.01.01. 01 Duties of Board Officers.. A. The Chairman shall preside at meetings of the Board, execute the decisions of the Board, and perform other duties which the Board may from time to time direct.B. The Vice-Chairman shall perform duties that the Board may from time to time direct. In the absence of the Chairman, the Vice-Chairman shall preside at meetings of the Board and perform other duties of the Chairman as directed by the Board.
09.23.01.02.htm 09.23.01.02. 02 Board Meetings.. A. A meeting of the Board shall be held each month at the Department of Labor, Licensing, and Regulation for the purpose of acting upon applications and conducting other business, except that a specific meeting may be cancelled by the consent of the Board.B. The regular meeting held in the month of July shall be designated the Annual Meeting. At this meeting, Board officers shall be elected for the fiscal year beginning July 1. If the July meeting is c
09.23.01.03.htm 09.23.01.03. 03 Licensee's Seal.. A. A licensee who engages in the practice of engineering in Maryland shall obtain an impression seal or a rubber stamp facsimile.B. A licensee's seal shall be a seal consisting of the pictorial device of the Great Seal of Maryland as a center, surrounded by the words "State of Maryland" and "Professional Engineer" and the licensee's name and license number.
09.23.01.04.htm 09.23.01.04. 04 Examinations.. A. All examinations, except by specific action of the Board to the contrary, shall be those developed by the National Council of Examiners for Engineering and Surveying (NCEES)B. An applicant shall apply directly to NCEES to take or retake the Fundamentals of Engineering examination.C. An applicant to take or retake any of the Principles and Practice of Engineering examinations (the PE examination) shall apply directly to the Board. Applications which are
09.23.01.9999.htm 09.23.01.9999. Administrative History Effective dates:. Regulations .01―08 effective April 9, 1973. Regulation .09 effective November 27, 1974 (1:5 Md. R. 241) ―. Chapter revised effective January 23, 1981 (8:2 Md. R. 111). Regulation .07A amended effective April 23, 1984 (11:8 Md. R. 714). Regulation .09B amended effective December 24, 1982 (9:24 Md. R. 2389) July 9, 1990 (17:13 Md. R. 1610)Regulation .09C―F amended effective February 14, 1983 (10:3 Md. R. 209) ―.
09.23.02.00.htm 09.23.02.00. Title 09 DEPARTMENT OF LABOR, LICENSING, AND REGULATION Subtitle 23 BOARD FOR PROFESSIONAL ENGINEERS Chapter 02 Hearing Regulations Authority: State Government Article, §10-204; Business Occupations and Professions Article, §14-205 and 14-208; Annotated Code of Maryland
09.23.02.01.htm 09.23.02.01. 01 Hearings Before the Board.. A. Except as otherwise provided in §B of this regulation, all contested case hearings before the Board are governed by COMAR 09.01.02.B. The administrative unit shall send the hearing notice described in COMAR 09.01.02.07B at least 30 days before the hearing.
09.23.02.02.htm 09.23.02.02. 02 Hearings Delegated to the Office of Administrative Hearings.. All contested case hearings delegated to the Office of Administrative Hearings are governed by COMAR 09.01.03.
09.23.02.9999.htm 09.23.02.9999. Administrative History Effective date: January 23, 1981 (8:2 Md. R. 111). Chapter revised effective September 28, 1992 (19:19 Md. R. 1705). Regulations .01―08 repealed and new Regulations .01 and .02 adopted effective March 1, 2004 (31:4 Md. R. 314)
09.23.03.00.htm 09.23.03.00. Title 09 DEPARTMENT OF LABOR, LICENSING, AND REGULATION Subtitle 23 BOARD FOR PROFESSIONAL ENGINEERS Chapter 03 Code of Ethics Authority: Business Occupations and Professions Article, §14-205, 14-208, and 14-4A-02, Annotated Code of Maryland
09.23.03.01.htm 09.23.03.01. 01 Responsibility to the Public.. A licensee shall make every reasonable effort to protect the safety, health, property, and welfare of the public. If the licensee's professional judgement is overruled under circumstances when the safety, health, property, or welfare of the public is endangered, the licensee shall inform the employer or client of the possible consequences.
09.23.03.02.htm 09.23.03.02. 02 Public Statements, Reports, and Testimony.. A. A licensee making public statements on engineering questions shall disclose when the licensee is being compensated for making the statement.B. A licensee may express publicly a professional opinion on an engineering subject only when that opinion is founded upon adequate knowledge of the material facts and a background of technical competence in the subject matter.C. In any professional report, statement, or testi
09.23.03.03.htm 09.23.03.03. 03 Competency for Assignments Undertaken or Approved.. A. In practicing engineering, a licensee shall act with reasonable care and competence, and shall apply the technical knowledge and skills which are ordinarily applied by professional engineers of good standing, practicing in the same field of engineering.B. A licensee may undertake to perform engineering assignments only when qualified to do so by education or experience, or both, in the specific field of engineering involved.
09.23.03.04.htm 09.23.03.04. 04 Conflicts of Interest.. A. A licensee shall make every effort to avoid conflicts of interest with the employer or client. Whenever conflicts of interest appear unavoidable, however, the licensee shall disclose promptly and fully all the circumstances to the employer or client.B. A licensee shall inform promptly an employer or client of any business association, interest, or circumstances which may influence the judgment or the quality of services rendered to the employer o
09.23.03.05.htm 09.23.03.05. 05 Full Disclosure.. A. A licensee shall accurately represent to a prospective or existing client or employer the licensee's qualifications and the scope of the licensee's responsibility in connection with work for which the licensee is claiming credit.B. A licensee may not deliberately make a materially false statement or fail deliberately to disclose a material fact requested in connection with the licensee's application for licensure or renewal of licensure.
09.23.03.06.htm 09.23.03.06. 06 Compliance with Laws.. A. In the conduct of the licensee's engineering practice, the licensee may not knowingly violate any state or federal criminal laws.B. A licensee shall comply with the licensing laws and regulations governing the licensee's professional practice in this or any other jurisdiction in which the licensee practices engineering.
09.23.03.07.htm 09.23.03.07. 07 Professional Conduct.. A. A licensee may not either offer or make any payment or gift to a government official, whether elected or appointed, with the intent of influencing the official's judgment in connection with a prospective or existing project in which the licensee is interested.B. A licensee may not either offer or make any gifts, other than gifts of nominal value including, for example, reasonable entertainment and hospitality, with the intent of in
09.23.03.08.htm 09.23.03.08. 08 Names of Entities.. A. An individual, a partnership, a corporation, a limited liability company, or any other entity through which engineering is practiced, shall use a name that complies with appropriate requirements set forth in the Corporations and Associations Article, Annotated Code of Maryland, and Business Occupations and Professions Article, Title 14, Annotated Code of Maryland.B. A business entity may not use the term "engineering" or any of its deriv
09.23.03.09.htm 09.23.03.09. 09 Signing and Sealing Requirements.. A. A licensee may sign and seal plans, specifications, drawings, reports, or other documents that are required to be signed and sealed pursuant to the Business Occupations and Professions Article, §14-4A-02, Annotated Code of Maryland, only if the following requirements are met:1) The licensee is competent in the subject matter of those documents by virtue of education or experience, or both; and2) The licensee either:.
09.23.03.10.htm 09.23.03.10. 10 Titleblock Rules.. A. A person may not remove a titleblock from any print or reproduction of the documents described in this chapter.B. The titleblock shall contain at least the printed name of the engineering entity.. C. The directors of a corporation, partners of a partnership, or members of a limited liability company through which engineering is practiced, may designate another employee of the entity to sign and seal the documents in accordance with the require
09.23.03.11.htm 09.23.03.11. 11 Failure to Respond.. A. An applicant or licensee shall respond in writing to a written communication from the Board within 30 days of the date of mailing.B. The Board shall send a written communication by first-class mail to the last known address furnished to the Board by an applicant or licensee.C. It is a responsibility of an applicant or licensee to notify the Board in writing if there has been a change in applicant’s or licensee’s address.D. Failure to respond as
09.23.03.9999.htm 09.23.03.9999. Administrative History Effective date: June 11, 1975 (2:13 Md. R. 929). Regulations .01, .04, .05, and .07 amended effective December 29, 1978 (5:26 Md. R. 1922). Originally promulgated as COMAR 09.23.01.10. Recodified effective January 23, 1981 (8:2 Md. R. 111) ―Regulation .04D adopted effective September 7, 1987 (14:18 Md. R. 1965) ―. Chapter revised effective September 28, 1992 (19:19 Md. R. 1705). Regulations .02―06 repealed and new Regulations .02―10 adopted effective De
09.23.04.00.htm 09.23.04.00. Title 09 DEPARTMENT OF LABOR, LICENSING, AND REGULATION Subtitle 23 BOARD FOR PROFESSIONAL ENGINEERS Chapter 04 Fees Authority: Business Occupations and Professions Article, §14-101, 14-207―14-209, 14-306, 14-307, 14-307.1, 14-310―14-312, 14-314―14-316, and 14-320; Business Regulation Article, §2-106, 2-106.1, and 2-106.2; Annotated Code of Maryland
09.23.04.01.htm 09.23.04.01. 01 Purpose.. This chapter is intended to carry out the provisions of Business Regulation Article, §2-106.1 and 2-106.2, Annotated Code of Maryland, and Business Occupations and Professions Article, Title 14, Annotated Code of Maryland. In particular, it is intended to set various fees in order to cover the actual documented direct and indirect costs of fulfilling the statutory and regulatory duties of the State Board of Architects, the State Board of Certifie
09.23.04.02.htm 09.23.04.02. 02 Definitions.. A. In this chapter, the following terms have the meanings indicated.. B. Terms Defined.. 1) "Board" means the State Board for Professional Engineers.. 2) "Design boards" means collectively the:. a) State Board of Architects;. b) State Board of Certified Interior Designers;. c) State Board of Examiners of Landscape Architects;. d) Board; and. e) State Board for Professional Land Surveyors.. 3) "License fee" means the fee paid by an applicant or licensee, as applica
09.23.04.03.htm 09.23.04.03. 03 Fees and Costs.. A. The Secretary and the design boards have agreed to average their direct and indirect costs, based on the calculation of costs performed by the Secretary in consultation with the design boards. Based on these calculations, the Board sets the following fees:1) License fee ― $76.50;. 2) Engineer-in-training certification fee ― $15;. 3) Nonrefundable initial application fee payable in connection with:. a) An application for license ― $50;.
09.23.04.9999.htm 09.23.04.9999. Administrative History Effective date: September 28, 1981 (8:19 Md. R. 1565). Regulation .01 amended effective April 25, 1983 (10:8 Md. R. 725) December 28, 1987 (14:26 Md. R. 2745) August 8, 1988 (15:16 Md. R. 1914) October 17, 1988 (15:21 Md. R. 2468) July 19, 1993 (20:14 Md. R. 1168) February 28, 1994 (21:4 Md. R. 276)Regulation .01 repealed and new Regulation .01 adopted as an emergency provision effective August 22, 1997 (24:19 Md. R. 1335) adopted permanently eff
09.23.05.00.htm 09.23.05.00. Title 09 DEPARTMENT OF LABOR, LICENSING, AND REGULATION Subtitle 23 BOARD FOR PROFESSIONAL ENGINEERS Chapter 05 Unapproved Option―Engineering Curriculum Authority: Business Occupations and Professions Article, §14-205, 14-208, and 14-305, Annotated Code of Maryland
09.23.05.01.htm 09.23.05.01. 01 Definitions.. A. In this chapter, the following terms have the meanings indicated.. B. Terms Defined.. 1) "Board" means the Board for Professional Engineers.. 2) "Engineering subject" means an area of study rooted in mathematics and basic sciences but carried further towards creative application and design by providing a bridge between basic science and engineering practice.3) "One quarter hour" means credit which is awarded for instruction equivalent to 2/3 of the contact
09.23.05.02.htm 09.23.05.02. 02 Engineering Curriculum.. A. An engineering curriculum is a course of study which imparts knowledge of the mathematical and natural sciences and trains an individual to apply that knowledge to developing ways to use the materials and forces of nature for the benefit of mankind. An "engineering curriculum of 4 scholastic years or more" is defined to be both an approved and unapproved college or university engineering and sciences curriculum consist1) 15 semester-hours of i
09.23.05.03.htm 09.23.05.03. 03 Engineering Subject Courses.. Engineering subject courses shall be selected from subject areas such as:. A. Statics and dynamics;. B. Strength of materials;. C. Materials science;. D. Thermodynamics;. E. Transfer and transport phenomena;. F. Electrical, electronic, and computer engineering;. G. Solid state physics, nuclear physics, and quantum optics;. H. Physical chemistry, inorganic, and organic chemistry;. I. Electrodynamics;. J. Digital signals and systems;.
09.23.05.04.htm 09.23.05.04. 04 Evidence of Completion.. An applicant who has graduated from a college or university curriculum which does not meet the standards set forth in Regulation .02 of this chapter may present to the Board evidence of satisfactory completion of instruction in other programs of study required by the Board to meet the requirements of Regulation .02 of this chapter.
09.23.05.05.htm 09.23.05.05. 05 Burden of Persuasion.. The applicant shall:. A. Have the burden of persuasion that the applicant's curriculum is substantially equal to the engineering curriculum defined in Regulation .02 of this chapter.B. Submit a university circular, official college catalog which includes, as a minimum, brief course descriptions of the courses identified in the student academic transcript or an independent evaluation satisfactory to the Board. When the evidence submitted by the applicant
09.23.05.06.htm 09.23.05.06. 06 Approved and Unapproved Curricula.. The Board considers an applicant's curriculum to be an approved curriculum if the applicant is:. A. A graduate of a bachelor's degree program in a branch of engineering for which the college or university has met the basic-level criteria of the Engineering Accreditation Commission (EAC) of the Accreditation Board for Engineering and Technology (ABET) and which is listed in the ABET Accreditation Yearbook, as it may be amended or modified from
09.23.05.9999.htm 09.23.05.9999. Administrative History Effective date: January 14, 1988 (15:1 Md. R. 19). Chapter revised effective September 28, 1992 (19:19 Md. R. 1705). Regulation .02A amended effective June 26, 2000 (27:12 Md. R. 1139). Regulation .02 amended effective March 4, 2002 (29:4 Md. R. 417). Regulation .03F―H and M amended and N―U adopted effective March 4, 2002 (29:4 Md. R. 417). Regulation .05 repealed and Regulation .06 amended and recodified to Regulation .05 effective March
09.23.06.00.htm 09.23.06.00. Title 09 DEPARTMENT OF LABOR, LICENSING, AND REGULATION Subtitle 23 BOARD FOR PROFESSIONAL ENGINEERS Chapter 06 Continuing Professional Competency Requirements Authority: Business Occupations and Professions Article, §14-314, Annotated Code of Maryland
09.23.06.01.htm 09.23.06.01. 01 Purpose.. The public interest requires that professional engineers provide competent services in all areas of practice. The State legislature has determined that it is in the best interest of the public to require professional engineers to comply with the continuing professional competency requirements as a prerequisite to the renewal of a license.
09.23.06.02.htm 09.23.06.02. 02 Definitions.. A. In this chapter, the following terms have the meaning indicated.. B. Terms Defined.. 1) "Activity" means attending and completing any qualifying courses, seminars, workshops, technical presentations, and other qualifying programs with a clear purpose and objective that will maintain, improve, or expand the skills and knowledge relevant to the licensee’s field of practice. Regular duties in the course of employment are not considered qualified activities.
09.23.06.03.htm 09.23.06.03. 03 Requirements.. A. A licensee shall complete a minimum of 16 PDH units earned from the participation in and completion of qualifying programs described in Regulation .04 of this chapter as a condition of license renewal in each individual biennial licensing term.B. A minimum of 1 PDH unit in each individual biennial licensing term shall be earned from the participation in and the completion of qualifying programs with content areas related to the following:
09.23.06.04.htm 09.23.06.04. 04 Qualifying Programs.. A. Programs shall meet at least the following criteria in order to be considered qualifying programs:1) Maintain and enhance professional competency of professional engineers; and. 2) Foster improvement, advancement, and extension of professional skills and knowledge related to the practice of engineering.B. Qualifying programs shall have the following content areas:. 1) Technical, research, analytical, or design aspects of engineering;.
09.23.06.05.htm 09.23.06.05. 05 Sources of Credit.. A. A licensee may earn PDH units by any of the following methods:. 1) Attending and successfully completing qualifying programs in which the teaching methodology consists primarily of systematic presentation of subjects related to the practice of engineering, and which programs are:a) Offered by pre-approved or other authorized providers;. b) Have a stated purpose and defined content areas; and. c) Have a clearly stated duration.. 2) Serving as a single or
09.23.06.06.htm 09.23.06.06. 06 Values of Units.. A. PDH units are earned or converted from other units of credit as follows:. 1) 1 college or unit semester hour ― 45 PDH units;. 2) 1 college or unit quarter hour ― 30 PDH units;. 3) 1 continuing education unit ― 10 PDH units;. 4) Each published paper or article on an engineering subject as identified in Regulation .04 of this chapter ― 5 PDH units;5) Each published book on an engineering subject ― 24 PDH units;.
09.23.06.07.htm 09.23.06.07. 07 Authorizations of Providers/Other Presenters.. A. The Board will review and, if appropriate, approve the providers of the qualifying programs.. B. Providers’ Eligibility/Other Presenters.. 1) The following providers are considered to be preauthorized providers without any further action by the Board:a) National (ABET/EAC) regional, or State accredited academic institutions;. b) National, State, or regional engineering professional or technical societies or organizations;.
09.23.06.08.htm 09.23.06.08. 08 Record Keeping.. A. Responsibility to Maintain Records.. 1) The responsibility of maintaining records to be used to support the continuing professional competency credit claim is the responsibility of each licensee.2) A licensee shall maintain the records for a period of at least 4 years from the date of completion of the qualifying program.B. Documentation referred to in §A(2) of this regulation, includes, but is not limited to, the following:1) Certificates of participation;.
09.23.06.09.htm 09.23.06.09. 09 Reporting Requirements for License Renewal.. A. A licensee shall attest on the license renewal form to the fact that the licensee has completed all applicable CPC requirements set forth in this chapter before the licensee’s license expiration date.B. The Board at its discretion may audit licensees to ascertain compliance with CPC requirements.. C. Licensees who are audited shall provide any additional documentation required by the Board to complete the audit.
09.23.06.10.htm 09.23.06.10. 10 Exceptions from Compliance with CPC Requirements.. A. Notwithstanding other requirements set forth in this chapter, a licensee who is granted an initial license may renew a license for the next full term without complying with the CPC requirements if:1) The licensee has been granted an initial license and is renewing a license for the next full term; and2) The licensee qualifies under the criteria set forth in Title 2.5, Business Regulation Article, Annotated Code of Maryland.
09.23.06.11.htm 09.23.06.11. 11 Failure to Meet the CPC Requirements.. In the event a licensee fails to comply with the CPC requirements set forth in this chapter, the Board, subject to the hearing provisions of Business Occupations and Professions Article, §14–319, Annotated Code of Maryland, may take any and all available disciplinary actions under Business Occupations and Professions Article, §14–317, Annotated Code of Maryland.
09.23.06.12.htm 09.23.06.12. 12 Reinstatement of License.. A licensee who wishes to reinstate a license shall fulfill at least 16 PDH units by attending and successfully completing one or more qualifying programs described in Regulations .03 and .04 of this chapter for the immediately preceding CPC reporting period and pay all applicable fees.
09.23.06.13.htm 09.23.06.13. 13 Retired Status.. An individual who elected to receive retired status license shall be exempt from the compliance with the CPC requirements. In the event such individual elects to have the license reactivated, the individual shall fulfill at least 16 PDH units by attending and successfully completing one or more qualifying programs described in Regulations .03 and .04 of this chapter.
09.23.06.14.htm 09.23.06.14. 14 Dual Licensees.. A licensee who maintains current licenses in the State of Maryland both as a professional engineer and as a professional land or property line surveyor shall fulfill at least 8 PDH units that satisfy the CPC requirements set forth in COMAR 09.13.08 applicable to licensed professional land or property line surveyors, and at least 8 PDH units that satisfy the CPC requirements of this chapter.
09.23.06.9999.htm 09.23.06.9999. Administrative History Effective date: July 11, 2011 (38:14 Md. R. 789). Regulation .11 amended effective August 18, 2014 (41:16 Md. R. 945) ―. Chapter revised effective January 15, 2018 (45:1 Md. R. 13).
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