An Act Regarding the Practice of Professional Engineering without a License
Maine Legislature, Session 124, LD 0215
Committee: Business, Research and Economic Development
Sponsors: BOLAND, PERRY, BEAUDETTE, BUTTERFIELD, KNAPP, LEGG, THERIAULT, NASS, SIMPSON
Amends: 32 MRSA §1256, 32 MRSA §1306

FIRST REGULAR SESSIOt~ ... 2009 
Legislative Document 
No. 215 
H.P. 180 
House of Representatives, January 21,2009 
An Act Regarding the Practice of Professional Engineering without 
a License 
Reference to the Committee on Business, Research and Economic Development suggested 
and ordered printed. 
Presented by Representative BOLAND of Sanford. 
Cosponsored by Senator PERRY of Penobscot and 
17/~d: Ih·mac~{ 
MILLICENT M. MacFARLAND 
Clerk 
Representatives: BEAUDETTE of Biddeford, BUTTERFIELD of Bangor, KNAPP of Gorham, 
LEGG of Kennebunk, SMITH ofMonrnouth, THERIAULT of Madawaska, Senators: NASS 
of York, SIMPSON of Androscoggin. 
Printed on rct:yclcd pilper 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.32 MRSA §1256, as amended by PL 2005, c. 315, § 1 0, is repealed and the 
following enacted in its place: 
§1256. Violations; penalties; injunction 
1. Violations. A person may not: 
A. Practice or offer to practice professional engineering in this State witllout being 
licensed or exempted in accordance with this chapter; 
B. 
Use or employ the word "engineer" or any modification or derivative of 
"engineer"· in. that person's name or form of business activity except as authorized in 
this chapter; 
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C. Present or attempt to use the I icense or the seal of another; 
D. Give false or forged evidence of any kind to the board or to a member of the 
board in obtaining a license; 
E. Falsely impersonate any other licensee of like or different name; 
F. Attempt to use an .expired, suspended or revoked license or invalid certificate of 
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licensure; or 
G. Violate any of the provisions of this chapter. 
2. Civil penalties. A person who violates subsection I commits a civil violation for 
which a fine of not more than $5,000 may be adjudged. Each day a person violates 
subsection I constitutes a separate violation for which no more than $5,000 may be 
assessed· per violation. 
Among other factors, the board may consider in assessing 
penalties under this section: 
A. Whether the penalty will be a substantial economic deterrent to the violation; 
B. The circumstances leading to the violation; 
C. The severity of the violation and the risk of harm to the public; 
D. The economic benefit gained by the person in violating subsection I; and 
E. The interest of the public. 
3. Criminal penalties. A person who violates subsection I commits a Class D crime 
for the first offense and a Class C crime for each succeeding offense. Each day a person 
violates subsection I constitutes a separate violation. 
4. Injunction. The State may bring an action in Superior Court to enjoin a person 
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from violating this chapter, regardless of whether other administrative, civil or criminal 
proceedings have been or may be instituted. 
. 
5. Collection of penalties, court costs and attorney's fees. The board shall notify 
the attorney general and the attorney general may commence a civil action to recover 
penalties, attorney's fees and court costs: 
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A. If the person adjudged of a violation under subsection 1 fails to pay the penalty 
within 30 days of being adjudged in violation ofthat subsection; or 
B. Within 10 days after the court enters a final judgment in favor of the State on an 
appeal. 
Sec. 2. 32 MRSA §1306, as amended by PL 2005, c. 315, §§ 14 and 15, is further 
amended to read: 
§ 1306. Powers 
The board shall have has the following duties and powers in addition to those 
otherwise set forth in this chapter. 
1. 
Licenses and violations; enforcement. 
The board shall evaluate the 
qualifications and supervise the examination of applicants for licensure under this 
chapter. The board may order an investigation of a licensee on its own motion or on 
written complaint filed with the board regarding noncompliance with or violation of any 
section of this chapter or of any rules adopted by the board. The board is authorized to 
enforce section 1256 in accordance with this chapter. The Attorney General shall provide 
legal assistance to the board and the board may employ legal council and other necessary 
assistance to enforce section 1256. Expenses incurred by the board for activities under 
section 1256 must be paid from funds of the board. 
2. Rules. The board may, in accordance with procedures established by the Maine 
Administrative Procedure Act, Title 5, chapter 375, subchapter II, adopt such rules as 
may be reasonably necessary for the proper performance of its duties and the 
administration of this chapter. 
3. Hearings. Hearings may be conducted by the board to assist with investigations, 
to determine whether grounds exist for suspension, revocation or denial of a license, or as 
otherwise considered necessary to the fulfillment of its responsibilities under this chapter. 
The board may not refuse to renew a license for any reason other than failure to pay a 
required fee and failure to meet the continuing education 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 charged with a violation 
under section 1256 or denied a license without a hearing for any reason other than failure 
to pay a required fee, provided that if the request for hearing is received by the board 
within 30 days of the applicant's receipt of written notice of the violation or denial of the 
application, the reasons for the violation or 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. 
4. Contracts. The board may enter into contracts to carry out its responsibilities 
under this chapter. 
SUMMARY 
this bill authodz~~ th-~ State Board of.Licensu~efcir Pr~fessiOlial Engineers with the 
assistance of the Attorney General to enforce provisions of the law regarding the practice 
Of engine-ering without a license. It also imposes criminal penalties and increases the 
civil penalties for conducting engineering activities without a license. 
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