Eng 100-500

CHAPTER Eng 300 LICENSURE REQUIREMENTS

PART Eng 301 DEFINITIONS

Eng 301.01 Terms Used. As used in these rules, the following terms have the meanings indicated:

(a) “Accreditation Board for Engineering and Technology (ABET)” means the organization primarily responsible for monitoring, evaluating, and certifying the quality of engineering, engineering technology, and engineering-related education in colleges and universities in the United States;

(b) “Applicant” means a candidate on whose behalf an application has been filed;

(c) “Bachelor of science in an ABET accredited engineering curriculum” means a curriculum accredited by the Engineering Accreditation Commission (EAC) of the ABET leading to a Baccalaureate Degree in Engineering;

(d) “Bachelor of science in an Technology Accreditation Commission (TAC) accredited engineering technology curriculum” means a curriculum of 4 or more years accredited by the TAC of the ABET leading to a degree in engineering technology;

(e) “National Council of Examiners for Engineering and Surveying (NCEES)” means the service provider, which verifies and maintains a permanent collection of original source documentation of engineer’s educational, examination and identification documents;

(f) “Non-ABET accredited engineering or related science curriculum” means a curriculum of 4 or more years, of physics, math, chemistry and engineering technology which contains engineering or scientific principles not accredited by ABET;

(g) “Temporary permit” means a temporary license, issued for a period not exceeding 6 months in any one calendar year, issued pursuant to RSA 310:A-19, III; and

(h) “Verification” means a document received directly from a state licensing authority which verifies whether or not a person has ever been granted a license by that state, the dates during which the license was valid and whether the licensing authority has ever taken disciplinary action against that license.

Source. #2364-a, eff 5-17-83; ss by #3031, eff 5-28-85, EXPIRED 5-28-91

New. #5397, eff 5-20-92; ss by #6752, Interim, eff 5-20-98, EXPIRED 9-17-98

New. #6911, eff 12-15-98; ss by #8190, eff 10-19-04; ss by #10045, eff 1-1-12, EXPIRED: 1-1-12

New. #13942, eff 6-25-24

PART Eng 302 APPLICATION AND EXAMINATION REQUIREMENTS AND LICENSURE FEES

Eng 302.01 Application Process.

(a) A person wishing to become licensed as a professional engineer shall submit an application form specified in Eng 302.02, including any fees in accordance with Plc 1002.41.

(b) The application for initial licensure shall be processed in accordance with Plc 304.06 through Plc 304.10.

(c) Applications about which there has been no communication by the applicant to the OPLC for one year shall be considered abandoned and if the applicant wishes to be licensed, they shall be required to reapply.

Source. #2364-a, eff 5-17-83; ss by #3031, eff 5-28-85, EXPIRED 5-28-91

New. #5397, eff 5-20-92; ss by #6752, Interim, eff 5-20-98, EXPIRED 9-17-98

New. #6911, eff 12-15-98; ss by #7802, eff 12-19-02; ss and moved by #8190, eff 10-19-04 (formerly Eng 301.02); ss by #10045, eff 1-1-12, EXPIRED: 1-1-20

New. #13942, eff 6-25-24

Eng 302.02 Application for Initial Licensure.

(a) Each applicant for initial licensure shall:

(1) Complete and submit the “Universal Application for Initial Licensure” as required by Plc 304.03;

(2) Complete and submit the “Addendum to the Universal application for Initial Licensure” by providing the following information:

a. List all names the applicant has ever been known by;

b. Name of the applicant’s employer;

c. The applicant’s positions, dates of employment, title, and present address of employer;

d. Types of work performed and degree of responsibility;

e. Name and present address of someone familiar with each position required by b. above;

f. High school attended and date of graduation or equivalency examination taken and date of passage; and

g. The names, complete addresses, occupation and business relationship with applicant of 5 references as specified in Eng 303.03;

(3) Sign and date the application described in (1) above as required by Plc 304.05; and

(4) Pay the fee required in Plc 1002.41.

(b) The applicant shall submit or arrange for the submission of the following in support of the application:

(1) Transcripts from all post-secondary schools attended submitted directly to the OPLC from the issuing institution;

(2) Educational transcripts sent directly from the institution to the National Council for Examiners for Engineering and Surveying (NCEES) Credentials Evaluations translation and authentication service, which specializes in evaluating educational credentials for translation and authentication. This translation and authentication shall be then sent from the translation and authentication organization directly to the OPLC for evaluation;

(3) A detailed explanation of any of the “yes” answers to the yes or no questions on the “Universal Application for License Renewal” including but not limited to:

1. Relevant court documents;

2. Relevant malpractice claims or suits filed; and

3. Relevant orders, settlements, or disciplinary documents, including the status of compliance with such documents;

(4) The Fundamentals of Engineering examination scores sent directly to the OPLC from the issuing examination company; and

(5) A written request as described in Eng 304.01(d) for a waiver of the requirement to NCEES Fundamentals of Engineering Examination, if applicable.

Source. #2364-a, eff 5-17-83; ss by #3031, eff 5-28-85, EXPIRED 5-28-91

New. #5397, eff 5-20-92; ss by #6752, Interim, eff 5-20-98, EXPIRED 9-17-98

New. #6911, eff 12-15-98; amd by #7468-B, eff 3-24-01; amd by #7802, eff 12-19-02; ss and moved by #8190, eff 10-19-04 (formerly Eng 301.03); amd by #9130, eff 5-1-08; ss by #10045, eff 1-1-12, EXPIRED: 1-1-20

New. #13942, eff 6-25-24

Eng 302.03 Application for the Fundamentals of Engineering Examination. Each individual wishing to take the Fundamentals of Engineering Examination administered by the National Council of Examiners for Engineering and Surveying (NCEES) shall apply directly to the NCEES.

Source. #6911, eff 12-15-98; amd by #7468-B, eff 3-24-01; amd by #7802, eff 12-19-02; amd and moved by #8190, eff 10-19-04 (from Eng 302.02); ss by #9130, eff 5-1-08; amd by #9818, eff 11-20-10; ss by #10045, eff 1-1-12, EXPIRED: 1-1-20

New. #13942, eff 6-25-24

Eng 302.04 Application Fees. All fees applicable to this chapter shall be as described in Plc 1002.41.

Source. #7802, eff 12-19-02; renumbered by #8190 (from Eng 302.01); ss by #9130, eff 5-1-08; ss by #10045, eff 1-1-12 (from Eng 302.03); amd by #10390, eff 11-1-13; ss by #13942, eff 6-25-24

PART Eng 303 QUALIFICATIONS OF APPLICANTS

Eng 303.01 Candidate Requirements.

(a) Candidates for licensure shall meet the requirements established by RSA 310-A:12-19 before a license shall be granted.

(b) Qualifications shall be determined as follows:

(1) Applicants possessing a 4-year EAC/ABET degree shall have 4 years engineering experience as described in Eng 303.02;

(2) Applicants possessing a 4-year EAC/ABET equivalent, foreign engineering degree which consists of an engineering program which has a successful ABET site visit shall have 4 years engineering experience as described in Eng 303.02;

(3) Applicants possessing a degree in a related science and holding a master’s degree or higher in engineering from an institution which offers an EAC/ABET 4-year engineering degree accredited program shall have 4-year experience as described in Eng 303.02. Education, per Eng 303.02 (h), shall not be counted towards the 4-year experience requirement;

(4) Applicants possessing a 4-year degree from non-ABET accredited U.S. engineering program shall have 8 years engineering experience in accordance with Eng 303.02;

(5) Applicants possessing a foreign degree having a favorable NCEES Credentials Evaluations which consists of transcript review only shall have 8 years engineering experience in accordance with Eng 303.02;

(6) Applicants possessing a TAC/ABET 4-year degree shall have 8 years engineering experience in accordance with Eng 303.02; and

(7) Applicants possessing any degree other than those set forth per Eng 303.01 (b) (1)-(6), or no degree, shall have 25 years of engineering experience in accordance with Eng 303.02 and shall have successfully passed the NCEES Principles and Practices of engineering examination.

Source. #2364-a, eff 5-17-83; ss by #3031, eff 5-28-85, EXPIRED 5-28-91

New. #5397, eff 5-20-92; EXPIRED 5-20-98

New. #6911, eff 12-15-98; ss by #8190, eff 10-19-04; ss by #10045, eff 1-1-12, EXPIRED: 1-1-20

New. #13942, eff 6-25-24

Eng 303.02 Experience Requirements. Experience in the practice of engineering shall be determined pursuant to RSA 310-A:12 – 19 as follows:

(a) Experience shall be progressive on engineering projects to indicate that it is of increasing quality and requiring greater responsibility;

(b) Only work of an engineering nature shall be counted toward the experience requirement;

(d) Experience gained in the armed services, to be creditable, shall be of a character equivalent to that which would have been gained in the civilian sector doing similar work. The applicant while in the armed services shall have served in an engineering or engineering-related group;

(e) Experience shall be gained under the supervision of a licensed professional engineer or if not, an explanation shall be made showing why the experience should be considered acceptable;

(f) Teaching experience to be creditable must be of an advanced level in a college or university offering an engineering curriculum of four years or more that is accredited by the ABET accredited program;

(g) Experience gained in engineering research and design projects by members of an engineering faculty where the curriculum is of an advanced level in a college or university offering an engineering curriculum of four years or more that is accredited by the ABET accredited program shall be creditable;

(h) Successful completion of graduate study leading to the master’s degree in engineering which has followed a baccalaureate degree in engineering may be used for credit for one year’s experience. If the Ph.D. in engineering is completed under the same conditions, 2-year’s total experience shall be credited. The 2 years credit shall include the one year for the master’s degree;

(i) Experience shall not be anticipated. The experience shall have been received at the time of the application;

(j) Experience as a contractor in the execution of design by a professional engineer or in employment considered as that of supervising construction of such work shall not be considered as creditable experience; and

(k) Experience gained in construction to be creditable shall constitute engineering practice as set forth in RSA 310-A:2, III.

Source. #2364-a, eff 5-17-83; ss by #3031, eff 5-28-85, EXPIRED 5-28-91

New. #5397, eff 5-20-92; EXPIRED 5-20-98

New. #6911, eff 12-15-98; ss by #8190, eff 10-19-04; ss by #10045, eff 1-1-12, EXPIRED: 1-1-20

New. #13942, eff 6-25-24

Eng 303.03 References Required.

(a) Each applicant for licensure shall provide the names and addresses of at least 5 individuals, who shall provide references, and are not related to the applicant. At least 3 of the references shall be individuals having personal or professional knowledge of the applicant's engineering experience. At least 3 of the references shall be licensed engineers, having detailed knowledge of the applicant's engineering experience.

(b) Any individuals, whose names appear in any part of the completed application shall be used as a reference.

Source. #6103, eff 10-26-95; ss by #6911, eff 12-15-98; ss by #8190, eff 10-19-04; ss by #10045, eff 1-1-12; ss by #10045, eff 1-1-12, EXPIRED: 1-1-20

New. #13942, eff 6-25-24

Eng 303.04 Information from References.

(a) Each professional reference listed on the “Addendum to the Universal Application for Initial Licensure” shall complete the “Professional Reference Form” and the applicant shall complete and submit the form to the OPLC.

(b) Each reference shall provide the following on the “Professional Reference Form”:

(1) The applicant for initial licensure’s name;

(2) Reference’s name, address, phone number, relationship to the applicant, state of licensure, license number, and status of license;

(3) A brief description of the reference’s knowledge of the applicant’s qualifications in the practice of engineering.

(4) Length of time the reference has known the applicant;

(5) Whether or not the reference is related to the applicant;

(6) What has been the reference’s business connection to the applicant;

(7) Whether or not the reference knows anything reflecting adversely on the integrity or general good character of the applicant that would affect the decision on licensure;

(8) Whether or not the reference would employ the applicant in a position of trust;

(9) Whether or not the applicant is connected with a firm and if yes, the name and address of the firm;

(10) Whether or not the reference determines that the applicant is qualified to be placed in a position to be in charge of designs or supervision of work;

(11) Whether the applicant in an individual practice and if yes provide the nature of the practice;

(12) Whether or not the reference recommends the applicant for licensure as a professional engineer;

(13) Any remarks the reference would like to add to the recommendation, optional; and

(14) The reference’s signature and date of signing under the following statement:

“I make the above statements with full knowledge that the person referred to is making application for licensure to the State of New Hampshire as a Professional Engineer.”.

Source. #6911, eff 12-15-98; ss by #8190, eff 10-19-04; ss by #10045, eff 1-1-12; ss by #10045, eff 1-1-12, EXPIRED: 1-1-20

New. #13942, eff 6-25-24

Eng 303.05 Additional References. Applicant’s shall provide the names and addresses of additional references if the original information provided by the reference(s) is unclear, incomplete, or contradictory.

Source. #6911, eff 12-15-98; ss by #8190, eff 10-19-04; ss by #10045, eff 1-1-12, EXPIRED: 1-1-20

New. #13942, eff 6-25-24

PART Eng 304 EXAMINATIONS

Eng 304.01 Examination Requirements.

(a) The “Principles and Practice of Engineering” national examination shall be held at least annually on dates set by the National Council of Examiners for Engineering and Surveying or its successor organization.

(b) All applicants for licensure shall have successfully passed the NCEES Fundamentals of Engineering examination unless waived pursuant to (c) and (d) below.

(c) Applicants who meet the education and experience required per RSA 310-A:12, II may request a waiver of the NCEES Fundamentals of Engineering exam, by filing a written request with the OPLC.

(d) Waivers of the “NCEES Fundamentals of Engineering” exam shall be granted if the applicant meets the following:

(1) The applicant has a Bachelor of Science Degree in an engineering curriculum from an EAC/ABET or other 4-year accredited program in an engineering curriculum; and

(2) The applicant has more than 10 years of accumulated engineering experience as set forth in Eng 303.02 and RSA 310-A:12, II.

(e) All applicants for licensure shall have successfully passed the “NCEES Principles and Practice” examination and the New Hampshire law and ethics questionnaire.

(f) The law and ethics examination shall:

(1) Be a take home examination covering RSA 310-A:2 – 27 and Eng 500;

(2) Be multiple choice and have its content developed by the board in consultation with the OPLC;

(3) Be obtained from the OPLC; and

(e) Require a passing score of at least 90%.

(g) The Fundamentals of Engineering national examination created and graded by NCEES shall be administered using computer–based testing at NCEES test centers on dates set by NCEES.

Source. #2364-a, eff 5-17-83; ss by #3031, eff 5-28-85, EXPIRED 5-28-91

New. #5397, eff 5-20-92; ss by #6752, Interim, eff 5-20-98, EXPIRED 9-17-98

New. #6911, eff 12-15-98; amd by #7468-B, eff 3-24-01; ss by #8190, eff 10-19-04; ss by #10045, eff 1-1-12, EXPIRED: 1-1-20

New. #13942, eff 6-25-24

Eng 304.02 Re-Examinations of the NCEES Principles and Practice Examination.

(a) Candidates for licensure who fails the NCEES examination on the initial attempt shall be entitled to re-examination for an additional 2 attempts. If the candidate desires to retake the examination after the initial attempt, they shall submit the “Application to Retake the NCEES Examination” each time up to the allowable 2 attempts.

(b) The applicant shall provide the following information on the “Application to Retake the NCEES Examination” form:

(1) Applicant’s full legal name;

(2) All names the applicant has ever been know by;

(3) The applicant’s home mailing address;

(4) The applicant’s school attended or current business employed at;

(5) The mailing address of the school or business listed in (4) above;

(6) Applicant’s current position;

(7) Applicant’s e-mail address;

(8) School or current employer’s phone number listed in (4) above;

(9) Applicant’s home phone number;

(10) Answer yes or no to the question “Have you ever had any disciplinary action brought against you by any Board or Jurisdiction?”; and

(11) The applicant’s signature and date of signing below the following preprinted statement:

“I the undersigned am making the foregoing statements and attest that the statements are made in good faith and are true in every respect.”.

(c) The candidate for re-examination who fails the NCEES examination 3 consecutive times shall have their application for license denied.

(d) If the application for licensure is denied by the board based on failing the NCEES examination 3 consecutive times, the applicant shall be provided an opportunity to request a hearing for reconsideration pursuant to Plc 200. Any such request shall be made in writing and received by the board within 30 days of the receipt of the notification of denial.

(e) Candidates failing the NCEES examination and wish to retake the examination for a 4^th time, without a hearing before the board, shall submit a new application for licensure pursuant to Eng 302.02 before the board grants approval to sit for re-examination.

(f) The candidate for re-examination who fails the NCEES examination 4 or more consecutive times shall have their application for license denied at each subsequent failure.

(g) If the application for licensure is denied based on failing the examination 4 or more consecutive times, the applicant shall be provided an opportunity to request a hearing for reconsideration pursuant to Plc 200 after each failed attempt. Any such request shall be made in writing and received by the OPLC within 30 days of the receipt of the notification of denial.

Source. #2364-a, eff 5-17-83; ss by #3031, eff 5-28-85, EXPIRED 5-28-91

New. #5397, eff 5-20-92; ss by #6752, Interim, eff 5-20-98, EXPIRED 9-17-98

New. #6911, eff 12-15-98; ss by #8190, eff 10-19-04; ss by #10045, eff 1-1-12, EXPIRED: 1-1-20

New. #13942, eff 6-25-24

PART Eng 305 RECIPROCITY

Eng 305.01 Reciprocity.

(a) Candidates for licensure who are licensed or registered in another state, provided that the other state’s licensure or registration requirements are substantially equivalent to, as defined in Plc 302.28, or higher than those specified in Eng 303.01, Eng 303.02, and Eng 304.01.

(b) Applicants for reciprocity shall apply for licensure as specified in Eng 302.02(a) and (b) and pay the fee per Plc 1002.41.

(c) The applicant for reciprocity shall provide a letter of good standing from each state where the applicant has ever held a license in support of the application required in (b) above. Each letter of good standing shall be submitted to the OPLC directly from the issuing state for approval.

Source. #2364-a, eff 5-17-83; ss by #3031, eff 5-28-85, EXPIRED 5-28-91

New. #5397, eff 5-20-92; ss by #6752, Interim, eff 5-20-98, EXPIRED 9-17-98

New. #6911, eff 12-15-98; ss by #8190, eff 10-19-04; ss by #10045, eff 1-1-12, EXPIRED: 1-1-20

New. #13942, eff 6-25-24

PART Eng 306 ENGINEERING CERTIFICATES FOR BUSINESS ORGANIZATIONS

Eng 306.01 Business Organization Certificate Requirements.

(a) Business organizations offering engineering services in New Hampshire shall meet the requirements established pursuant to RSA 310-A:20.

(b) Persons designated as being responsible for the engineering activities of the business organization shall:

(1) Be licensed as a professional engineer in this state, and;

(2) Be employed by the business organization a minimum of 37.5 hours per week, except in the case of a business organization which is owned by a professional engineer and which business organization is either not actively providing engineering services or consists of a sole practicing professional engineer.

(c) Applicants for a certificate of authorization for a business organization shall complete and submit to the OPLC the “Application for Certificate of Authorization for a Business Organization”.

(d) The applicant shall provide the following information on the “Application for Certificate of Authorization for a Business Organization”:

(1) Whether or not the application is for a new certificate or renewal of a certificate;

(2) The applicant’s name, including any names previously used;

(3) The applicant’s business name, addresses, and telephone numbers;

(4) Fields of engineering practices engaged in;

(5) Contact person name, their phone number, and e-mail address;

(6) Name of person legally authorized to sign documents;

(7) Names and addresses of corporate officers or partners;

(8) List of engineers licensed or registered in New Hampshire who are responsible for engineering activities and decisions including their:

a. Full name;

b. Business address;

c. NH license number;

d. Where they are full time or part time employees;

(9) Applicant’s signature and date of signing under the following statement:

“I attest that the information contained in this form is true and correct to the best of my knowledge and belief and acknowledge that the provision of false information in the application is a basis for disciplinary action by the board.”

(e) Applicants shall pay the application fee specified in Plc 1002.41.

Source. #2364-a, eff 5-17-83; ss by #3031, eff 5-28-85, EXPIRED 5-28-91

New. #5397, eff 5-20-92; ss by #6752, Interim, eff 5-20-98, EXPIRED 9-17-98

New. #6911, eff 12-15-98; amd by #7468-B, eff 3-24-01; ss by #8190, eff 10-19-04; ss by #10045, eff 1-1-12, EXPIRED: 1-1-20

New. #13942, eff 6-25-24

PART Eng 307 TEMPORARY PERMIT

Eng 307.01 Temporary Permit.

(a) A person who is eligible to be licensed as a professional engineer in New Hampshire by reciprocity may apply for a temporary permit for a specific project in this state not to exceed 6 months in any one calendar year.

(b) Applicants for temporary permits shall provide, or cause to be provided, the following forms:

(1) The “Universal Application for Initial Licensure” as required by Plc304.01(a)(1); and

(2) The “Addendum to the Universal Application for Initial Licensure For Temporary Permit” providing the following information;

a. All names the applicant has ever been know by;

b. Project title, location, and brief description of the specific project in the state of New Hampshire;

c. Applicant’s professional engineer stamp of jurisdiction applicant is licensed or registered in;

d. The applicant’s positions, dates of employment, title, and present employer’s name and address;

e. Descriptions of types of work performed and degree of responsibility;

f. Name and present address of someone familiar with each position;

g. The applicant’s educational history including the names of all post-secondary institutions attended, the dates of attendance, and degrees awarded and certified copies of transcripts from all post-secondary institutions attended;

h. Whether or not the applicant has ever taken the NCEES Fundamentals of Engineering examination, and if so, the location, date and grade awarded; and

i. The names, complete addresses, occupations, and business relationships with applicant of 5 references as specified in Eng 303.03;

(d) Temporary permits shall be granted if the OPLC determines that the applicant meets or exceeds the requirements of Eng 303.01, Eng 303.02, and Eng 304.01.

Source. #2364-a, eff 5-17-83; ss by #3031, eff 5-28-85, EXPIRED 5-28-91

New. #5397, eff 5-20-92; ss by #6752, Interim, eff 5-20-98, EXPIRED 9-17-98

New. #6911, eff 12-15-98; ss by #8190, eff 10-19-04; ss by #10045, eff 1-1-12, EXPIRED: 1-1-20

New. #13942, eff 6-25-24

PART Eng 308 CREDENTIALS

Eng 308.01 License. An applicant for licensure as a professional engineer, who has met satisfactorily all the requirements of RSA 310-A:2-27 and the board’s administrative rules, and who has paid all of the fees, shall be issued a license.

Source. #6911, eff 12-15-98; ss by #8190, eff 10-19-04; ss by #10045, eff 1-1-12, EXPIRED: 1-1-20

New. #13942, eff 6-25-24

Eng 308.02 Licensed Engineer Seal or Stamp.

(a) The board shall upon issuance of a license to an applicant as a licensed engineer, require the licensee to acquire an impression type seal or rubber stamp of the design specified by these rules. This seal shall bear the licensee's name and number as shown on the license. This seal may be affixed on all plans, maps, and reports prepared by the licensee, but shall be affixed to all documents issued or filed for public record.

(b) The seal shall consist of 2 concentric circles with the outer circle having a diameter of 1-9/16 inches and the inner circle diameter 15/16 of an inch. In the space between the circles at the top shall be the words "State of New Hampshire" and at the bottom "Professional Engineer." In the space inside the inner circle shall be the full legal name of the licensee and the license number written horizontally. At the bottom of the inner circle shall be the word "Licensed."

(c) It shall be a violation of these rules, pursuant to RSA 310-A:25, for the licensee to stamp or seal any documents with their seal after their license has expired, been revoked, or suspended or after the licensee has chosen retired status. It shall be a violation of these rules for the licensee to stamp or seal any documents not prepared by that licensee personally or under their direct supervision.

Source. #6911, eff 12-15-98; ss by #8190, eff 10-19-04; ss by #10045, eff 1-1-12, EXPIRED: 1-1-20

New. #13942, eff 6-25-24

CHAPTER Eng 400 CONTINUED STATUS

PART Eng 401 RENEWAL OF LICENSE

Eng 401.01 Expirations and Renewals. Licensees shall renew their licenses by applying for renewal prior to the expiration date and by paying the renewal fee.

Source. #2364-a, eff 5-17-83; ss by #3031, eff 5-28-85, EXPIRED 5-28-91

New. #5397, eff 5-20-92; ss by #6752, Interim, eff 5-20-98, EXPIRED 9-17-98

New. #6911, eff 12-15-98; ss by #8190, eff 10-19-04; ss by #10045, eff 1-1-12, EXPIRED: 1-1-22

New. #13859, eff 3-26-24

Eng 401.02 Renewal of License. Any licensee wishing to renew a license shall submit:

(a) The renewal application supplied by the OPLC;

(b) The fee specified in Plc 1002.41; and

Source. #2364-a, eff 5-17-83; ss by #3031, eff 5-28-85, EXPIRED 5-28-91

New. #5397, eff 5-20-92; ss by #6752, Interim, eff 5-20-98, EXPIRED 9-17-98

New. #6911, eff 12-15-98; ss by #8190, eff 10-19-04; ss by #10045, eff 1-1-12, EXPIRED: 1-1-22

New. #13859, eff 3-26-24

Eng 401.03 Renewal Application.

(a) The applicant for renewal of licensure shall complete and submit the “Universal Application for License Renewal” pursuant to Plc 308.06;

(b) In addition to the application required by (a) above, the applicant shall complete and submit the “Addendum to the Renewal Application Required in Plc 308.06” by providing the following:

(1) List all names the applicant has ever been known by; and

(2) Answer yes or no to the question “I have competed 30 hours of professional development as described in Eng 403.”;

(d) Pay the fee required in Plc 1002.41.

Source. #5397, eff 5-20-92; ss by #6752, Interim, eff 5-20-98, EXPIRED 9-17-98

New. #6911, eff 12-15-98; ss by #8190, eff 10-19-04; ss by #10045, eff 1-1-12, EXPIRED: 1-1-22

New. #13859, eff 3-26-24

Eng 401.04 Denial of Renewal.

(a) Renewal applicants shall be investigated for the purpose of verifying all application materials.

(b) The OPLC shall notify the applicant of any deficiencies in the renewal application within 60 days of receipt. Failure to remedy the deficiencies within 60 days thereafter shall result in denial of the renewal application. An application shall be considered complete when all deficiencies are corrected.

(1) Noncompliance with the continuing education requirements of Eng 403;

(2) Any unethical act for which discipline shall be imposed under Eng 500;

(3) Reasons for which an initial application would have been denied; or

(4) Failure to furnish complete or accurate information on a renewal license application.

Source. #6911, eff 12-15-98; ss by #8190, eff 10-19-04; ss by #10045, eff 1-1-12, EXPIRED: 1-1-22

New. #13859, eff 3-26-24

Eng 401.05 Reinstatement. A professional engineer whose license to practice engineering in this state has been allowed to lapse for a period of 12 months or more shall:

(a) Complete and submit the “Universal Application for License Renewal” ;

(b) In addition to the application required by (a) above, complete and submit the “Addendum to the Renewal Application Required in Plc 308.06 for Reinstatement” by answering yes or no to the question “I have competed 30 hours of professional development as described in Eng 403.”;

(d) Pay the reinstatement fees as specified in Plc 1002.41; and

(e) Include copies of documentation showing completion of continuing education as described in Eng 403.

Source. #6911, eff 12-15-98; ss by #8190, eff 10-19-04; ss by #10045, eff 1-1-12, EXPIRED: 1-1-22

New. #13859, eff 3-26-24

Eng 401.06 Certificate of Authorization Renewal. Certification of authorization for the practice of engineering shall expire on the last day of the month 2 years from the month of issuance. A renewal notification shall be sent to all engineering certified business organizations at least one month prior to expiration by the OPLC.

Source. #10045, eff 1-1-12, EXPIRED: 1-1-22

New. #13859, eff 3-26-24

Eng 401.07 Certificate of Authorization for Business Organization Renewal Application.

(a) Each business organization applicant for renewal of the certificate of authorization shall complete and submit the “Universal Application for License Renewal” form required by Plc 308.06.

(b) Personnel legally authorized to sign contracts for the business organization for engineering services shall sign and date the application for renewal pursuant to Plc 308.08.

Source. #10045, eff 1-1-12, EXPIRED: 1-1-22

New. #13859, eff 3-26-24

PART Eng 402 DISCIPLINARY MATTERS

Eng 402.01 Disciplinary Sanctions.

(a) Other than immediate license suspensions authorized by RSA 541-A:30, III, the board shall impose disciplinary sanctions only:

(1) After prior notice and an opportunity to be heard; or

(2) Pursuant to a mutually agreed upon settlement or consent decree.

(b) When notice that a licensee has been subjected to disciplinary action related to professional conduct by the licensing authority of another jurisdiction has been received, the OPLC shall issue an order providing the opportunity for a hearing and directing the licensee to demonstrate why reciprocal discipline should not be imposed in New Hampshire.

(c) In a disciplinary proceeding brought on the basis of discipline imposed in another jurisdiction the certificate holder shall be subject to any disciplinary sanction authorized by RSA 310:12 after considering the presence of aggravating or mitigating circumstances.

(d) After a finding that misconduct has occurred, the board shall impose one or more of the disciplinary sanctions authorized by RSA 310:12.

(e) The board shall determine the sanctions to be imposed after considering the presence of aggravating or mitigating circumstances as follows:

(1) The following shall be considered aggravating circumstances:

a. The seriousness of the offense;

b. The licensee’s prior disciplinary record;

c. Lack of willingness to cooperate;

d. Potential harm to public health and safety; and

e. The purpose of the rule or statute violated.

(2) The following shall be considered mitigating circumstances:

a. Absence of a prior disciplinary record;

b. Willingness to cooperate;

c. Acknowledgment of wrongdoing; and

d. The purpose of the rule or statute violated.

(f) Plc 205 and Plc 206 shall govern settlement procedures and adjudicative proceedings.

(g) Copies of board orders imposing disciplinary sanctions and copies of all settlement agreements or consent decrees shall be sent to the licensing body of each state in which the licensee is licensed and to such other entities, organizations, associations, or boards as are required to be notified under applicable state or federal law, or which have a legitimate professional interest in the decision and may receive notice consistent with applicable state or federal law.

Source. #6488, eff 4-22-97; ss by #6911, eff 12-15-98; rpld by #7468-B, eff 3-24-01

New. (from Eng 402.03, originally #6911, eff 12-15-98); renumbered by #7468-B; ss by #8190, eff 10-19-04; ss by #10045, eff 1-1-12, EXPIRED: 1-1-22

New. #13859, eff 3-26-24; ss by #14453 (formerly Eng 402.02), eff 1-5-26, EXPIRES 1-5-36

PART Eng 403 CONTINUING PROFESSIONAL DEVELOPMENT

Eng 403.01 Renewal Requirements.

(a) A renewal application shall not be accepted for filing unless the licensee indicates on the renewal application, and under penalty of unsworn falsification, that they have completed the minimum required hours of approved professional development hours required by Eng 403.01(b) and lists the specific basis for each credit.

(b) Each licensee shall obtain at least 30 professional development hours of approved continuing education courses during the biennial renewal period as a condition of license renewal.

(c) If a licensee exceeds the requirement, a maximum of 15 professional development hours may be carried forward into the subsequent renewal period.

Source. #6911, eff 12-15-98); ss by #8190, eff 10-19-04; ss by #10045, eff 1-1-12, EXPIRED: 1-1-22

New. #13859, eff 3-26-24

Eng 403.02 Continuing Professional Development Requirements for New Licensees. New licensees shall be exempt from obtaining professional development hours for their first biennial renewal period.

Source. #6911, eff 12-15-98; ss by #8190, eff 10-19-04; ss by #10045, eff 1-1-12, EXPIRED: 1-1-22

New. #13859, eff 3-26-24

Eng 403.03 Requirements for Reciprocity. Licensees who are residents of jurisdictions other than New Hampshire shall meet the continuing professional development or equivalent requirements of their resident jurisdiction. The requirements for the state of New Hampshire shall be satisfied when a non-resident licensee provides evidence of having met the requirements of their resident jurisdiction. If licensees reside in a jurisdiction that has no continuing professional development requirements, the resident shall meet the requirements of the state of New Hampshire.

Source. #6911, eff 12-15-98; ss by #8190, eff 10-19-04; ss by #10045, eff 1-1-12, EXPIRED: 1-1-22

New. #13859, eff 3-26-24

Eng 403.04 Reinstatement. An applicant may bring an inactive license to active status by obtaining the professional development hours required pursuant to Eng 403.01 (b) and payment of any and all outstanding renewal and reinstatement fees as specified in Plc 1002.41.

Source. #6911, eff 12-15-98; ss by #8190, eff 10-19-04; ss by #10045, eff 1-1-12, EXPIRED: 1-1-22

New. #13859, eff 3-26-24

Eng 403.05 Professional Development Hour Requirements. Professional development hours shall meet the following criteria:

(a) Continuing education activities shall be relevant to the practice of engineering or no credit shall be awarded. Such continuing education activities may include technical, ethical, or managerial content;

(b) The content of each presentation shall be well organized and presented in a sequential manner; and

(c) There is a provision for individual participant course or program registration including information required for record keeping and reporting.

Source. #6911, eff 12-15-98; ss by #8190, eff 10-19-04; ss by #10045, eff 1-1-12, EXPIRED: 1-1-22

New. #13859, eff 3-26-24

Eng 403.06 Professional Development Hour Credits. Professional development hours shall be credited as follows:

(a) A maximum of 6 professional development hours shall apply to activity on a state or national board of licensure;

(b) Courses or programs awarded one college semester hour of credit shall equal 45 professional development hours based on course credit established by the college or university;

(d) Courses or programs awarded one continuing education unit shall equal 10 professional development hours;

(e) Credit shall be awarded for one hour of professional development in course work, seminars, or professional technical presentations made at meetings, conventions, or conferences for each hour of attendance. Attendance at qualifying programs presented at professional or technical society meetings shall earn professional development hour units for the actual time of each program;

(f) Teaching or instructing qualifying courses or seminars or making presentations at technical meetings shall earn professional development hours credit at twice that of participants. Teaching credit shall be valid for teaching a course or seminar for the first time only. Teaching credit shall not apply to full-time faculty;

(g) Each published article for a trade journal shall equal 2 professional development hours;

(h) Each published professional journal, article or published engineering text book shall equal 30 professional development hours;

(i) Active participation in professional or technical societies shall equal 2 professional development hours and shall require that a registrant serve as an officer or actively participate in a committee of the organization. Professional development hour credits shall not be earned until each year service is completed and shall be limited to 2 professional development hours per organization;

(j) Credit awarded for one patent shall equal 10 professional development hours; and

(k) Professional development credits shall not be recognized for any repeat program attended or completed.

Source. #6911, eff 12-15-98; ss by #10-19-04; ss by #10045, eff 1-1-12, EXPIRED: 1-1-22

New. #13859, eff 3-26-24

Eng 403.07 Record Keeping.

(a) The responsibility of maintaining records to be used to support credits claimed shall be the responsibility of the licensee.

(b) Records required shall contain at least the following documentation:

(1) A log showing the type of activity claimed, sponsoring organization, location, instructor’s or speaker’s name, and professional development hours credits earned; and

(2) Attendance verification records in the form of completion certificates or other documents supporting evidence of attendance such as:

a. Signed attendance receipts;

b. Paid receipts and course agenda; or

c. A copy of a listing of attendees signed by a person sponsoring the course or program or the course or program provider.

(c) The licensee shall retain attendance verification records for a period of at least 4 years. Such documentation shall be made available to the OPLC for random audit or verification purposes. Documentation shall support professional development hours claimed. Failure to provide documentation for audit verification shall result in disciplinary action.

(d) Not less than 3% of the licensees shall be randomly selected each year by the OPLC for compliance with Eng. 403.01.

Source. #6911, eff 12-15-98; ss by #8190, eff 10-19-04; ss by #10045, eff 1-1-12, EXPIRED: 1-1-22

New. #13859, eff 3-26-24

Eng 403.08 Exemptions. A licensee shall be exempt from the professional development educational requirements for any of the following reasons:

(a) A licensee serving on temporary active duty in the armed forces of the United States for a period of time exceeding 120 consecutive days in a year shall be exempt from obtaining the professional development hours required during that year; and

(b) Licensees who list their occupation as “retired” on the renewal form provided by the OPLC and who further certify that they are no longer providing professional engineering services shall be exempt from the professional development hours required.

Source. #6911, eff 12-15-98; ss by #8190, eff 10-19-04; ss by #10045, eff 1-1-12, EXPIRED: 1-1-22

New. #13859, eff 3-26-24

Eng 403.09 Waiver of Professional Development Hours Deadline.

(a) A licensee may request a waiver of professional development hour deadlines.

(b) A waiver shall be granted provided the waiver petition meets the following criteria:

(1) A petition requesting a waiver shall be filed at least 30 days before the expiration of the biennial continuing education period in question;

(2) Showing of good cause that includes serious accident, illness, or other circumstances beyond the control of the licensee which actually prevents the licensee from satisfying the continuing education requirements;

(3) Relevant supporting documentation from the licensee’s physician or medical professional shall be furnished to the board when necessary for a fair and informed determination by the board; and

(4) A waiver petition shall include a specific timetable for completing specific courses, which will meet the petitioner’s continuing education unit deficiency.

Source. #6911, eff 12-15-98; ss by #8190, eff 10-19-04; ss by #10045, eff 1-1-12, EXPIRED: 1-1-22

New. #13859, eff 3-26-24

Eng 403.10 Noncompliance. Failure to submit documentation required per Eng 403.07 (b) and (c) which establishes that said requirements were so completed, shall after notice and opportunity for hearing, result in disciplinary action including license suspension or revocation unless a waiver petition has been timely filed and duly granted by the board.

Source. #6911, eff 12-15-98; ss by #8190, eff 10-19-04; ss by #10045, eff 1-1-12, EXPIRED: 1-1-22

New. #13859, eff 3-26-24

CHAPTER Eng 500 ETHICAL STANDARDS AND LICENSE SURRENDER

PART Eng 501 ETHICAL STANDARDS

Eng 501.01 Purpose and Scope.

(a) In order to safeguard the life, health, property, and welfare of the public and to establish and maintain a high standard of integrity, skills, and practice in the profession of engineering the following rules of professional conduct are promulgated in accordance with RSA 310-A:2 through RSA 310-A:27.

(b) These rules shall be binding upon every person holding a license as a professional engineer and on all persons, corporations, or other legal entities authorized to perform engineering in this state.

Source. #2364-a, eff 5-17-83; ss by #3031, eff 5-28-85, EXPIRED 5-28-91

New. #5397, eff 5-20-92; ss by #6752, Interim, eff 5-20-98, EXPIRED 9-17-98

New. #6911, eff 12-15-98; ss by #8190, eff 10-19-04; ss by #10045, eff 1-1-12; EXPIRED: 1-1-20

New. #13787, eff 12-19-23

Eng 501.02 Obligation To Obey.

(a) Violation of these ethical standards shall result in disciplinary sanctions. Conduct proscribed by these ethical standards, when performed by an engineer-in-training or a candidate for licensure as a professional engineer in this state, or during a prior period of licensure, shall result in denying a license application.

(b) All persons licensed under RSA 310-A:2 through RSA 310-A:27 shall be considered to have knowledge of the existence of these rules of professional conduct and shall be deemed to be familiar with their several provisions. Such knowledge shall encompass the understanding that the practice of professional engineering is a privilege, as opposed to a right, and the licensed professional engineer shall be forthright and candid in the licensee's statements or written response to the board or its representatives on matters pertaining to professional conduct.

(c) Licensees shall submit only truthful and correct information in any application or other document filed with or statement made to the board.

(d) Licensees shall inform the board of a principal business or home address to which all official board communications should be directed, and of all addresses where they are practicing. The establishment of a business or home address or the change or abandonment of a business or home address shall be reported to the board within 30 days.

Source. #6911, eff 12-15-98; ss by #8190, eff 10-19-04; ss by #10045, eff 1-1-12; EXPIRED: 1-1-20

New. #13787, eff 12-19-23

Eng 501.03 Standards of Conduct.

(a) The professional engineer shall hold paramount the safety, health, and welfare of the public as follows:

(1) Perform their services only in areas of their competence;

(2) Issue statements only in an objective and truthful manner;

(3) Act for each employer or client as faithful agents or trustees;

(4) Avoid deceptive acts;

(5) Conduct themselves ethically, and lawfully so as to enhance the honor, reputation, and usefulness of the profession;

(6) Undertake to perform engineering assignments only when qualified by education or experience in the specific technical field of professional engineering involved;

(7) Accept an assignment requiring education or experience outside of their own field of competence, but only to the extent that the services are restricted to those phases of the project in which the licensee is qualified. All other phases of such project shall be performed by qualified associates, consultants, or employees;

(8) Not affix their signature or seal to any engineering plan or document dealing with subject matter for which they lack competence by virtue of education or experience, nor to any such plan or document not prepared under their direct supervisory control;

(9) Exercise direct supervisory control, which requires a licensee to maintain responsible charge which includes:

a. Providing all client contracts;

b. Internal and external financial control; and

c. Overseeing employee training;

(10) Exercise control and supervision over all jobs requirements which includes:

a. Research;

b. Planning;

c. Design;

d. Field supervision; and

e. Work product review;

(11) Not delegate responsible charge or direct supervisory control to a non-licensed individual to provide professional services as specified in Eng 501.03 (a) (9); and

(12) May affix their seal and signature to drawings and documents depicting the work of 2 or more professionals provided they designate by a note under their seal the specific subject matter for which they are responsible.

(b) The professional engineer shall issue public statements only in an objective and truthful manner; as follows:

(1) Be objective and truthful in all professional reports, statements, or testimony and include all relevant and pertinent information in such reports, statements, or testimony;

(2) When serving as an expert or technical witness before any court, commission, or other tribunal, express an expert opinion only when it is founded upon adequate knowledge of the facts in issue, upon a background of technical competence in the subject matter, and upon honest conviction of the accuracy and propriety of their testimony;

(3) Issue no statements, criticisms, or arguments on engineering issues connected with public policy which are influenced or paid for by an interested party, or parties, unless they have prefaced their comment by explicitly identifying themselves by disclosing the identities of the party or parties on whose behalf they are speaking, and by revealing the existence of any pecuniary interest they may have in the instant matters;

(4) Not attempt to injure, maliciously or falsely, directly, or indirectly, the professional reputation, prospects, practice, or employment of another engineer nor shall they indiscriminately criticize another engineer in public; and

(5) If they believe that another engineer is guilty of misconduct or illegal practice, they shall present such information to the board.

(1) Promptly inform their employer or client of any business associations, interests, or circumstances, which could influence their judgment, or the quality of their services;

(2) Not accept compensation, financial or otherwise, from more than one party for services pertaining to the same project, unless the circumstances are fully disclosed to, and agreed to, by all interested parties;

(3) Not solicit or accept financial or other valuable considerations from material or equipment suppliers for specifying their products;

(4) Not solicit or accept gratuities, directly or indirectly, from contractors, their agents, or other parties dealing with their client or employer in connection with work for which they are responsible;

(5) When in public service as a member, advisor, or employee of a governmental body or department, not participate in considerations or actions with respect to services provided by them or their organization in private engineering practices; and

(6) Not solicit or accept an engineering contract from a governmental body on which a principal or officer of their organization serves as a member.

(d) The professional engineer shall solicit or accept work only on the basis of their qualifications as follows:

(1) Not offer to pay, either directly or indirectly, any commission, political contribution, gift, or other consideration in order to secure work, exclusive of securing salaried positions through employment agencies;

(2) Shall compete for employment on the basis of professional qualification and competence to perform the work;

(3) Not solicit or submit proposals for professional services containing false, fraudulent, misleading, deceptive, or unfair statement or claim regarding the cost, quality, or extent of services to be rendered;

(4) Not falsify or permit misrepresentation of their, or their employees or co-worker’s, academic or professional qualifications;

(5) Not misrepresent their degree of responsibility in or for the subject matter of prior assignments; and

(6) Not distribute brochures or other presentations incident to the solicitation of employment which shall not misrepresent pertinent facts concerning employers, employees, associates, joint ventures, or their past accomplishments with the intent and purpose of enhancing their qualifications and their work.

(e) The professional engineer shall provide their services in an ethical and lawful manner as follows:

(1) Not knowingly associate with or permit the use of their name or firm name in a business venture by any person or firm which they know, or has reason to believe, is engaging in business or professional practices of a fraudulent or dishonest nature;

(2) If they have knowledge or reason to believe that another person or firm may be in violation of any of these provision or provisions of RSA 310-A:2 through RSA 310-A:27, present such information to the board in writing and cooperate with the board in furnishing such further information or assistance as may be required by the board; and

(3) Cooperate with investigations and requests for information from the board and the board’s representatives.

Source. #6911, eff 12-15-98; ss by #8190, eff 10-19-04; ss by #10045, eff 1-1-12; EXPIRED: 1-1-20

New. #13787, eff 12-19-23

Appendix

Rule	Specific State Statute which the Rule Implements

Eng 301	RSA 310-A:11; RSA 310-A:12, I, II, III, IV
Eng 302	RSA 310-A:6, I (b); RSA 310-A:12, I, II, III, IV
Eng 302.02(b)	RSA 310-A:16
Eng 302.03, 302.04	RSA 310-A:7, I, II; RSA 310-A:16
Eng 302.03 (d) & (e)	RSA 310-A:6, I (c); RSA 310-A:7, I (a); RSA 310-A:16; RSA 310-A:17
Eng 302.04 (a) and (c)	RSA 310-A:6, I (e); RSA 310-A:7, I (a) & (b); RSA 310-A:16; RSA 310-A:17
Eng 303	RSA 310-A:6, I, (b), (l); RSA 310-A:12, I, II, III, IV; RSA 310-A:13; RSA 310-A:14; RSA 310-A:15; RSA 310-A:16
Eng 303	RSA 310-A:6, I, (b), (l); RSA 310-A:12, I, II, III, IV; RSA 310-A:13; RSA 310-A:14; RSA 310-A:15; RSA 310-A:16
Eng 304	RSA 310-A:6, I, (c), (m), (n); RSA 310-A:17
Eng 305	RSA 310-A:6, I, (o); RSA 310-A:18-a; RSA 310-A:19
Eng 306	RSA 310-A:20, I-VI
Eng 307	RSA 310-A:6, I, (o); RSA 310-A:18-a; RSA 310-A:19
Eng 401	RSA 310-A:6 ,I, (d); RSA 310-A:21
Eng 402	RSA 310-A:6, I, (f), (q); RSA 310-A:22, I, II; RSA 310-A:22-a, I-VI; RSA 310-A:23, I-VIII; RSA 310-A:25, I-II
Eng 402.01	RSA 310-A:22, II; RSA 310:10; RSA 310:12
Eng 403	RSA 310-A:6, I, (d); RSA 310-A:21
Eng 501	RSA 310-A:6, I, (f)