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; and

(2) The licensee either:

(a) Personally prepared the documents, or

(b) Approved the documents.

B. Definition. For purposes of §A(2)(b) of this regulation, the term "approved" means that the licensee satisfied the following criteria:

(1) Had technical knowledge and responsible control over the content of technical submissions during their preparation; and

(2) Performed substantive review and had authority to make revisions with regard to the preparation of submissions described in this regulation.

C. A licensee may complete, correct, revise, or add to the work performed by another licensee when engaged to do so by a client, if the following requirements are met:

(1) The client furnishes the documentation of the work submitted to the client by the first licensee;

(2) The first licensee, if still engaged in a business of providing engineering services, is notified in writing by the second licensee of the engagement referred to in this section immediately upon acceptance of the engagement; and

(3) The second licensee signs, seals, and is responsible for the completions, corrections, revisions, or additions that the second licensee made.

D. Nothing in §C of this regulation is intended to relieve the first licensee from any liability that the first licensee is deemed to assume for work performed by the first licensee pursuant to the requirements set forth in this regulation.

E. Original Signature.

(1) A licensee who prepared or approved documents in accordance with the criteria set forth in this regulation shall place the licensee’s original signature and date of the signature on the documents required to be signed and sealed pursuant to Business Occupations and Professions Article, §14-4A-02, Annotated Code of Maryland.

(2) For the purposes of this regulation, the term “original signature” means:

(a) A handwritten signature in permanent ink; or

(b) A digital signature, which satisfies the following requirements:

(i) It contains identification unique to a licensee using it, such as the licensee’s name and license number;

(ii) It is under the exclusive control of the licensee using it;

(iii) It cannot be repudiated and is independently verifiable; and

(iv) It is linked to the document in such a manner that any subsequent modifications to the document after the digital signature was appended to it will result in the document no longer being prepared or approved by the licensee.

F. Nothing in this regulation is intended to modify any of the requirements applicable to professional certifications or titleblocks more specifically set forth in Regulation .10 of this chapter.