An Act To Amend the Laws Regarding Licensure for Professional Engineers
Maine Legislature, Session 128, LD 1165
Committee: Labor, Commerce, Research and Economic Development
Sponsors: VOLK, FECTEAU, BELLOWS, LANGLEY, AUSTIN, LOCKMAN, MASTRACCIO, STETKIS, SYLVESTER, VACHON
Amends: 32 MRSA §1251, 32 MRSA §1255, 32 MRSA §1306, 32 MRSA §1309, 32 MRSA §1352-A, 32 MRSA §1354, 32 MRSA §1356, 32 MRSA §1357, 32 MRSA §1361, 32 MRSA §1362

Legislative Document
No. 1165
S.P. 386
In Senate, March 23, 2017
An Act To Amend the Laws Regarding Licensure for Professional 
Engineers
Submitted by the Department of Professional and Financial Regulation pursuant to Joint 
Rule 204.
Reference to the Committee on Labor, Commerce, Research and Economic Development 
suggested and ordered printed.
HEATHER J.R. PRIEST
Secretary of the Senate
Presented by Senator VOLK of Cumberland.
Cosponsored by Representative FECTEAU of Biddeford and
Senators: BELLOWS of Kennebec, LANGLEY of Hancock, Representatives: AUSTIN of 
Gray, LOCKMAN of Amherst, MASTRACCIO of Sanford, STETKIS of Canaan, 
SYLVESTER of Portland, VACHON of Scarborough.
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  32 MRSA §1251, sub-§5, as enacted by PL 2013, c. 296, §1, is amended 
to read: 
5.  Technology accreditation commission.  "Technology accreditation commission" 
means the engineering technology accreditation commission of the accreditation board. 
Sec. 2.  32 MRSA §1255, sub-§1, as amended by PL 2005, c. 315, §5, is repealed. 
Sec. 3.  32 MRSA §1255, sub-§2, as amended by PL 2005, c. 315, §6, is repealed. 
Sec. 4.  32 MRSA §1255, sub-§3, as amended by PL 2005, c. 315, §7, is further 
amended to read: 
3.  Certain employees.  An employee or a subordinate of a person holding a license 
under this chapter, or an employee of a person exempted from licensure by subsections 1 
and 2, provided that holding a temporary license under section 1352-A, subsection 3, 
paragraph A or B as long as the practice does not include responsible charge or design or 
supervision by the employee or subordinate; 
Sec. 5.  32 MRSA §1255, sub-§8, as enacted by PL 2007, c. 379, §3, is amended 
to read: 
8.  Persons engaged in design of minor construction.  Persons engaged in the 
design of the following minor construction do not need to provide stamped and sealed 
plans and specifications unless specifically required by the code enforcement officer. 
A.  Detached one-family or 2-family residences; 
B.  Farm buildings with an overall floor plan not exceeding 3,000 square feet; 
C.  Single bathroom additions or renovations in an existing building if there is no 
impact on the building’s compliance with the National Fire Protection Association 
Life Safety Code adopted by the Department of Public Safety, Office of the State Fire 
Marshal; 
D.  Revisions or additions to plumbing systems costing up to $10,000 if the work has 
no impact on the building’s compliance with the National Fire Protection Association 
Life Safety Code adopted by the Department of Public Safety, Office of the State Fire 
Marshal and does not involve roof drains; 
E.  Revisions to existing heating, ventilation and air conditioning systems and design 
of new heating, ventilation and air conditioning systems if the work has no impact on 
the building’s compliance with the National Fire Protection Association Life Safety 
Code adopted by the Department of Public Safety, Office of the State Fire Marshal 
requirements and the project does not include more than one heating, ventilation and 
air conditioning unit with a maximum cooling capacity of 5 tons or heating capacity 
of 200,000 BTUs; 
F.  Revisions or additions to structural systems costing up to $10,000 if the design is 
in accordance with the tables provided in the International Building Code; and 
G.  Revisions or additions to electrical systems costing up to $10,000 if the work has 
no impact on the building’s compliance with the National Fire Protection Association 
Life Safety Code adopted by the Department of Public Safety, Office of the State Fire 
Marshal. 
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 then current 
construction industry design standards such as the National Fire Protection Association 
standards codes, the Maine Uniform Building and Energy Code and any other state and 
municipal building and energy codes, the State Fire Marshal’s requirements and 
ASHRAE Standard 62 and ASHRAE Standard 90. 
Sec. 6.  32 MRSA §1306, sub-§3, as amended by PL 2005, c. 315, §15, is further 
amended to read: 
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 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. 7.  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. 8.  32 MRSA §1352-A, sub-§1, ¶A-1 is enacted to read: 
A-1.  An applicant for licensure by endorsement or comity who provides proof that 
the applicant is a licensed professional engineer in good standing in another state, 
territory or possession of the United States, District of Columbia or any foreign 
country who has been licensed under qualifications that in the opinion of the board 
are substantially equivalent to the requirements in this chapter may be licensed; the 
board, giving due consideration to the protection of the public, may waive additional 
qualifications if the applicant has practiced as a licensed professional engineer for a 
minimum of 10 years and has never been subject to disciplinary action in this or any 
other jurisdiction. 
Sec. 9.  32 MRSA §1352-A, sub-§1, ¶¶B and E, as amended by PL 2013, c. 
296, §2, are further amended to read: 
B.  A person holding a certificate of record verification issued by the an active 
national council record whose qualifications meet the requirements of this chapter 
upon application may be licensed without further examination. 
E.  An applicant who has a baccalaureate provides proof of graduation from an 
engineering or engineering technology curriculum that has not been approved by the 
accreditation board or from an allied science curriculum of 4 years or more; has 
passed the national council written examination in the fundamentals of engineering; 
has a record of an additional 8 years or more of progressive engineering experience, 
after graduation, of a grade and character that indicates to the board that the applicant 
may be competent to practice and has experienced increased engineering 
responsibilities; and has passed the national council examination in the principles and 
practice of engineering may be licensed as a professional engineer.  An applicant for 
licensure may not sit for the principles and practice of engineering examination until 
the applicant has passed the fundamentals of engineering examination. 
Sec. 10.  32 MRSA §1352-A, sub-§2, ¶A, as amended by PL 2013, c. 296, §3, is 
further amended to read: 
A.  An applicant for certification as an engineer-intern is eligible to sit for the 
fundamentals of engineering examination during the applicant's senior year of college 
before graduation from a program approved by the accreditation board an engineering 
or engineering technology program of 4 years of more.  Certification as an engineer-
intern may not take place until verification the applicant has passed the national 
council examination in the fundamentals of engineering and provided proof of 
graduation is received. 
Sec. 11.  32 MRSA §1352-A, sub-§2, ¶D, as amended by PL 2013, c. 588, Pt. A, 
§40, is further amended to read: 
D.  An applicant who is a graduate provides proof of graduation from an engineering 
or engineering technology curriculum not approved by the accreditation board or an 
allied science curriculum of 4 years or more and who has submitted a transcript 
showing the completion of the minimum number of engineering science and design 
credits as required in a curriculum approved by the accreditation board and who has 
passed the national council examination in the fundamentals of engineering may be 
certified as an engineer-intern. 
Sec. 12.  32 MRSA §1352-A, sub-§3 is enacted to read: 
3.  Temporary license.  This subsection provides for temporary licensure. 
A.  An applicant who provides proof that the applicant is a licensed professional 
engineer in good standing in another state, territory or possession of the United 
States, District of Columbia or any foreign country who has been licensed under 
qualifications substantially equivalent to the requirements in this chapter and who 
completes an application for a temporary license and pays a fee established by rule by 
the board may obtain a temporary license that is valid for 30 days. An applicant may 
obtain only one 30-day temporary license in any 12-month period. To practice under 
this section, the person must receive written authorization from the board. 
B.  An applicant who provides proof that the applicant is a licensed professional 
engineer in good standing in another state, territory or possession of the United 
States, District of Columbia or any foreign country who has been licensed under 
qualifications substantially equivalent to the requirements in this chapter and who 
completes an application for a temporary license and pays a fee established by rule by 
the board and who concurrently submits an application for professional engineering 
licensure and pays the application fee established by rule of the board may obtain a 
temporary license that is valid until the board makes a final determination on the 
application for professional engineering licensure. To practice under this section, the 
person must receive written authorization from the board. 
Sec. 13.  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.  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, and meet qualification 
requirements that are in effect at the time of the new application and present 3 new 
references and new 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. 
Sec. 14.  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. 15.  32 MRSA §1357, as amended by PL 2015, c. 228, §1 and affected by §2, 
is further amended to read: 
§1357.  Expiration and renewals 
Licenses expire on the last day of December of each odd-numbered year and a 
licensee may not practice professional engineering with an expired license.  The board 
shall notify every person licensed under this chapter of the date of the expiration of that 
person's license and the amount of the fee that is required for its renewal.  The notice 
must be provided at least one month in advance of the date of the expiration of the 
license.  A license may be renewed after completion of professional development 
requirements and after payment of a fee established by rule by the board, which may not 
exceed $200 annually.  Licenses may be renewed up to 90 days after the date of 
expiration upon payment of a late fee established by rule by the board in addition to the 
renewal fee.  Any person who submits an application for renewal more than 90 days after 
the license renewal date is subject to all requirements governing new applicants under 
this chapter, except that if the renewal application is made within 3 years from the date of 
the expiration the board may, giving due consideration to the protection of the public, 
waive any additional qualifications if the licensee has held a license for at least 10 years, 
has completed all professional development requirements and has never been subject to 
discipline in this or any other jurisdiction. 
Sec. 16.  32 MRSA §1361, last ¶, 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 requirements according to board rules. 
Sec. 17.  32 MRSA §1362, as amended by PL 2005, c. 315, §27, is repealed. 
SUMMARY 
This bill makes changes to the laws regarding licensure for professional engineers. 
It amends the definition of "technology accreditation commission" to provide that it is 
an engineering technology accreditation commission. 
It updates references to codes and standards governing persons engaged in the design 
of minor construction. 
It provides for the electronic updating of the roster of active licensed professional 
engineers. 
It allows the State Board of Licensure for Professional Engineers to grant licensure to 
applicants from other jurisdictions who have been licensed in good standing for at least 
years and whose qualifications are substantially equivalent to those required by the 
State.  It also clarifies language usage and makes changes to provide consistency. 
It changes the laws regarding practice by nonresidents by moving from allowing for 
exceptions to licensure to providing for temporary licensure. 
It removes the requirement for 4 years of engineering work experience prior to taking 
the national examination on the principles and practices of engineering.  It also removes 
the requirement for individuals who fail the exam 3 times to reapply and provide proof of 
further experience or study. 
It removes the requirement for professional development.  It also removes a reference 
to a subcommittee of the board.