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 New Hampshire board of professional engineers created by RSA 310-A:3.

 

          (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 RSA 91-A:3, II or RSA 91-A:5 shall be a governmental record and shall be available for inspection during the board’s ordinary office hours within 5 days from the close the meeting or vote in questions unless the 72 hours availability requirement of RSA 91-A:3, III is applicable.

 

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

 

PART Eng 105  MEETINGS, DELIBERATIONS AND DECISIONS

 

         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)