An Act To Amend Licensure for Professional Engineers (AFTER DEADLINE)
Maine Legislature, Session 129, LD 1791
Committee: Innovation, Development, Economic Advancement and Business
Sponsors: STETKIS
Amends: 32 MRSA §1251, 32 MRSA §1254, 32 MRSA §1255, 32 MRSA §1256, 32 MRSA §1306, 32 MRSA §1309, 32 MRSA §1352-A, 32 MRSA §1354, 32 MRSA §1356, 32 MRSA §1361, 32 MRSA §1362

Legislative Document
No. 1791
H.P. 1273
House of Representatives, May 29, 2019
An Act To Amend Licensure for Professional Engineers
(AFTER DEADLINE)
Submitted by the Department of Professional and Financial Regulation and approved for 
introduction by a majority of the Legislative Council pursuant to Joint Rule 205.
Reference to the Committee on Innovation, Development, Economic Advancement and 
Business suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative STETKIS of Canaan.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  32 MRSA §1251, sub-§1-C is enacted to read:
1-C.  Engineering technology accreditation commission.  "Engineering technology 
accreditation commission" means the engineering technology accreditation commission 
of the accreditation board.
Sec. 2.  32 MRSA §1251, sub-§5, as enacted by PL 2013, c. 296, §1, is repealed.
Sec. 3.  32 MRSA §1254, sub-§2, as amended by PL 2005, c. 315, §4, is further 
amended to read:
2.  Exception.  A Any department of this State or any of its political subdivisions or 
any county, city, town, township or plantation may require the services of a licensed 
professional engineer for any public works project if the services of the professional 
engineer are required to comply with any provision of law or rule.
Sec. 4.  32 MRSA §1255, sub-§1, as amended by PL 2005, c. 315, §5, is repealed.
Sec. 5.  32 MRSA §1255, sub-§2, as amended by PL 2005, c. 315, §6, is repealed.
Sec. 6.  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 as long as the practice does not include responsible charge or design 
or supervision by the employee or subordinate;
Sec. 7.  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 applicable 
construction industry design standards such as the National Fire Protection Association 
standards, codes, the Maine Uniform Building and Energy Code adopted pursuant to Title 
10, chapter 1103 and any other state and municipal building and energy codes the State 
Fire Marshal’s requirements and ASHRAE Standard 62 and ASHRAE Standard 90 then 
in effect.
Sec. 8.  32 MRSA §1256, first ¶, as amended by PL 2005, c. 315, §10, is further 
amended to read:
A person who practices or offers to practice the profession of engineering in this 
State without being licensed or exempted in accordance with this chapter, or a person 
presenting or attempting to use the license or the seal of another, or a person who gives a 
false or forged evidence of any kind to the board or to a member of the board in obtaining 
a license, or a person who falsely impersonates any other licensee of like or different 
name, or a person who attempts to use an expired or revoked license, or a person who 
violates any of the provisions of this chapter for which a penalty has not been prescribed 
commits a civil violation for which a fine of not more than $1,000 $10,000 may be 
adjudged.
Sec. 9.  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 or failure to meet the continuing education professional development 
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. 10.  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. 11.  32 MRSA §1352-A, sub-§1, ¶B, as amended by PL 2013, c. 296, §2, is 
further amended to read:
B.  A person holding a certificate of an active national council record verification 
issued by the national council whose qualifications meet the requirements of this 
chapter upon application may be licensed without further examination.
Sec. 12.  32 MRSA §1352-A, sub-§1, ¶¶D and E, as amended by PL 2013, c. 
296, §2, are further amended to read:
D.  An applicant who provides proof of graduation from an engineering technology 
curriculum approved by the engineering technology accreditation commission or of 
an equivalent engineering technology curriculum of 4 years or more; has passed the 
national council examination in the fundamentals of engineering; has a record of an 
additional 4 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.
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. 13.  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 or 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. 14.  32 MRSA §1352-A, sub-§2, ¶C, as amended by PL 2013, c. 296, §3, is 
further amended to read:
C.  An applicant who provides proof of graduation from an engineering technology 
curriculum approved by the engineering technology accreditation commission of 4 
years or more and has passed the national council examination in the fundamentals of 
engineering may be certified as an engineer-intern.
Sec. 15.  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 the national 
council engineering education standard and who has passed the national council 
examination in the fundamentals of engineering may be certified as an engineer-
intern.
Sec. 16.  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 national council.  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, 
meet qualification requirements that are in effect at the time of the new application and 
present 3 new references and new updated 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 of engineering work 
experience.
Sec. 17.  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. 18.  32 MRSA §1361, 2nd ¶, 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 professional development requirements 
according to board rules.
Sec. 19.  32 MRSA §1362, as amended by PL 2005, c. 315, §27, is further 
amended to read:
§1362.  Professional development
1.  Requirement for renewal.  Beginning with registrations or licenses that expire in 
December 2005, every person seeking renewal under section 1357 must provide evidence 
satisfactory to the board that the person has completed 30 continuing professional 
education development hours within the period for which the registration or license was 
issued.
2.  Failure to meet requirement.  The board may not renew a license of an applicant 
who fails to meet the continuing professional education development requirements under 
subsection 1.  If an applicant subsequently fulfills the requirement after the license has 
expired, the board may renew the license for the remainder of the 2-year period for which 
a renewal would have been valid but for the applicant's failure to meet the continuing 
professional education development requirement.
3.  Review; monitoring.  The board shall review and monitor compliance with the 
continuing professional education development requirement under subsection 1.
4.  Exemptions.  Notwithstanding any other provisions of this chapter, the board or a 
3-person committee of the board may allow an exemption or a partial exemption of the 
requirements of this section to a person seeking renewal under section 1357 upon the 
showing of an extenuating situation, hardship or disability.
SUMMARY
This bill amends the laws governing licensure for professional engineers and 
certification for engineer-interns.  The bill:
1.  Changes the term "technology accreditation commission" to "engineering 
technology education commission" to reflect current usage;
2.  Clarifies language regarding the use of professional engineers in public works 
projects;
3.  Repeals the temporary licensing provisions for nonresidents;
4.  Clarifies and updates references to the building standards and eliminates 
references to standards that have been superseded;
5.  Increases the maximum penalty for violations to $10,000;
6.  Clarifies that the State Board of Licensure for Professional Engineers may refuse 
to renew a license for failure to pay a required fee or for failure to meet continuing 
education requirements, which the bill renames professional development requirements;
7.  Allows the board to maintain its roster of active licensed professional engineers on 
its publicly accessible website;
8.  Changes the term "certificate of record" to "active national council record" to 
reflect current usage of the National Council of Examiners for Engineering and 
Surveying;
9.  Clarifies and updates language regarding education requirements and 
examinations;
10.  Identifies the National Council of Examiners for Engineering and Surveying 
engineering education standard as the standard used by the board when accepting 
engineering and engineering technology credits from a program not approved by the 
accreditation board;
11.  Eliminates language regarding examinations on fundamental engineering 
subjects and amends language on passing examination grades and the number of times an 
examination may be taken by an applicant; and
12.  Clarifies language regarding reinstatement of a license after revocation.