CHAPTER
Eng 100 DEFINITIONS, ORGANIZATION AND
PUBLIC INFORMATION
REVISION
NOTE:
Document #5397, effective 5-20-92,
made extensive changes to the wording, format, structure
and numbering of rules in Chapter Eng 100.
Document #5397 supersedes all prior filings for the sections in this
chapter. The prior filings for former
Chapter Eng 100 include the following documents:
#2364-a, eff
5-17-83
#3031, eff
5-28-85, EXPIRED: 5-28-91
PART
Eng 101 PURPOSE AND SCOPE
Eng 101.01 Purpose and Scope. The rules of this title implement the
statutory responsibilities of the New Hampshire board of professional engineers
created by RSA 310-A: 3. These provisions regulate but are not limited to the
licensing of professional engineers and the practice of professional
engineering in the state of New Hampshire.
Source. (See Revision Note at chapter heading for Eng
100) #5397, eff 5-20-92; ss by #6752, Interim, eff
5-20-98, EXPIRED: 9-17-98
New. #6910, eff 12-15-98
PART
Eng 102 DEFINITIONS
Eng 102.01 Terms Used. As used in these rules, the following terms
shall have the meanings indicated:
(a)
“Professional engineer” means, professional engineer as defined in RSA
310-A:2, II namely “ a person who by reason of advanced knowledge of
mathematics and the physical sciences, acquired by professional education and
practical experience, is technically and legally qualified to practice
engineering, and who is licensed by or otherwise authorized by this subdivision
to engage in the practice of engineering.”
(b)
"Practice of engineering" means, practice of engineering as
defined in RSA 310-A:2, III, namely “any professional service or creative work
requiring education, training, experience and the application of advanced
knowledge of mathematics and physical sciences, involving the constant exercise
of discretion and judgment, to such services or work as consultation,
investigation, evaluation, planning, design, responsible oversight of
construction and responsible oversight of operation, in connection with any
public or private utilities, structures, buildings, machines, equipment,
processes, works, or projects wherein the public welfare, or the safeguarding
of life, health or property is concerned.”
(c)
“Engineer-in-training” means a person who has qualified for, taken and
passed the National Council of Examiners for Engineers and Surveyors
examination in the fundamentals of engineering and has been issued a
certificate by the board.
(d)
“Board” means the
(e)
“Board administrator” means the board’s staff director, a person with
delegated authority to perform administrative and clerical functions for the
board.
Source. (See Revision Note at chapter heading for Eng
100) #5397, eff 5-20-92; ss by #6752, Interim, eff 5-20-98, EXPIRED: 9-17-98
New. #6910,
eff 12-15-98
PART
Eng 103 BOARD ORGANIZATION
Eng 103.01 Duties and Responsibilities. The board shall administer the provisions of
RSA 310-A:2-27 which include but are not limited to safeguarding life, health, and property, to promoting
public welfare and maintaining a high standard of integrity regarding the
practice of professional engineering in this state.
Source. (See Revision Note at chapter heading for Eng
100) #5397, eff 5-20-92; ss by #6752, Interim, eff 5-20-98, EXPIRED: 9-17-98
New. #6910,
eff 12-15-98
Eng 103.02 Composition of the Board. The board shall consist of 5 members who meet
the eligibility requirements of RSA 310-A:3.
Source. (See Revision Note at chapter heading for Eng
100) #5397, eff 5-20-92; ss by #6752, Interim, eff 5-20-98, EXPIRED: 9-17-98
New. #6910,
eff 12-15-98
Eng 103.03 The Chairperson and Vice Chairperson. The chairperson shall preside at all
meetings. In the absence of the chairperson, the vice-chairperson shall
preside.
Source. #6910,
eff 12-15-98
Eng 103.04 Organization. Beginning with the regular meeting in July
and annually thereafter, the board shall meet and organize and, by election
from among its members, select a chairperson, vice-chairperson and secretary.
Source. #6910,
eff 12-15-98; renumbered by #13736
(formerly Eng 103.05)
Eng
103.05 Seal. The
seal of the board shall be an embossed circular seal consisting of an outer
circle and an inner circle. Between the
outer and inner circle shall be the words “Office of Professional Licensure and
Certification” and “N.H. Boards, Counsels, and Commissions”. Inside the inner circle shall be an outline
of the State of New Hampshire and the letters “OPLC”.
Source. #6910,
eff 12-15-98; ss by #13736, eff 10-24-23 (formerly Eng 103.06)
Eng
103.06 Office Hours, Office Location,
Mailing Address and Telephone.
(a) The board’s office shall be located at the
office of professional licensure, 4 Eagle Square, Concord, N.H. 03301, and
shall be open to the public weekdays, excluding holidays, from 8:00 a.m. to
4:00 p.m.
(b) Correspondence shall be addressed to the
board at the location stated in Eng 103.05(a).
(c) The board’s telephone number shall be
(603)-271-2152.
Source. #6910,
eff 12-15-98; ss by #13736, eff 10-24-23 (formerly Eng 103.07)
PART
Eng 104 PUBLIC INFORMATION
Eng 104.01 Record of Board Actions. Minutes shall be kept of board meetings and
of official actions taken by the board. Minutes of board actions which are not
confidential under
Source. (See Revision Note at chapter heading for Eng
100) #5397, eff 5-20-92; ss by #6752, Interim, eff 5-20-98, EXPIRED: 9-17-98
New. #6910,
eff 12-15-98; ss by #10043, eff 1-1-12
Eng
104.02 Custodian of Records. Persons desiring copies or board records
shall submit a request which identifies as particularly as possible the
information being sought. If records are
requested which contain both public and confidential information, the board
shall delete the confidential information and provide the remaining
information.
Source. #6910, eff 12-15-98;
ss by #13736, eff 10-24-23
Eng
105.01 Meetings. Regular meetings shall be held at least at
least each month, provided that there is board business to be conducted. Special meetings shall be called by order of
the chairperson for consideration of appropriate board business. Each member of the board shall be notified in
writing of each meeting and such notice shall contain the place, date, time,
and subject of the meeting. Notice of
meetings shall be posted in accordance with RSA 91-A.
Source. (See Revision Note at chapter heading for Eng
100) #5397, eff 5-20-92; ss by #6752, Interim, eff 5-20-98, EXPIRED: 9-17-98
Source. #6910,
eff 12-15-98; ss by #13736, eff 10-24-23
Eng
105.02 Quorum. A quorum of the board shall consist of a
majority of the members appointed by Governor and Counsel. A quorum of the board shall be necessary to
pass a motion unless otherwise specified by law. In the absence of the chair or vice chair the
chair shall designate a pro tempore officer for the officer or officers absent.
Source. #6910,
eff 12-15-98; ss by #13736, eff 10-24-23
PART
Eng 106 APPOINTMENT OF COMMITTEES
Eng 106.01 Committees.
(a)
A committee shall consist of one or more of board members who have been
directed by the board to investigate and make recommendations on matters which
could be handled by the full board.
(b)
When expressly authorized by the board, the authority of a committee
shall include:
(1) The retention of voluntary assistance from
qualified non-board members; and
(2) The retention of paid advisors or consultants
pursuant to RSA 332:G-3.
Source. (See Revision Note at chapter heading for Eng
100) #5397, eff 5-20-92; ss by #6752, Interim, eff 5-20-98, EXPIRED: 9-17-98
New. #6910,
eff 12-15-98
APPENDIX
Rule |
Statute |
|
|
Eng 101 |
RSA 310-A:3 |
Eng 102 |
RSA 541-A:54 |
Eng 103 |
RSA 310-A:3 |
Eng 104.01 |
RSA 541-A:16, I(a); RSA 91-A:4 |
Eng
104.02 |
RSA 541-A:16, I(a); RSA 91-A:4 |
Eng 105 |
RSA 310-A:3, RSA 541-A:16 I, (a) |
|
|
Eng 106 |
RSA 310-A:3, RSA 541-A:16 I, (a) |
|
|