CHAPTER Eng
300 LICENSURE REQUIREMENTS
PART Eng 301 DEFINITIONS
Eng 301.01 Terms Used. As used in these rules, the following terms
have the meanings indicated:
(a)
“Accreditation Board for Engineering and Technology (ABET)” means the
organization primarily responsible for monitoring, evaluating, and certifying
the quality of engineering, engineering technology, and engineering-related
education in colleges and universities in the
(b)
“Applicant” means a candidate on whose behalf an application has been
filed.
(c)
“Bachelor of science in an ABET accredited engineering curriculum” means
a curriculum accredited by the Engineering Accreditation Commission (
(d)
“Bachelor of science in an Technology
Accreditation Commission (
(e)
“National Council of Examiners for Engineering and Surveying (NCEES)”
means the service provider, which verifies and maintains a permanent collection
of original source documentation of engineer’s educational, examination and
identification documents.
(f)
“Non-ABET accredited engineering or related science curriculum” means a curriculum
of 4 or more years, of physics, math, chemistry and
engineering technology which contains engineering or scientific principles not
accredited by ABET.
(g)
“Temporary permit” means a temporary license, issued for a period not
exceeding 6 months in any one calendar year, issued pursuant to RSA 310:A-19,
III.
(h)
“Verification” means a document received directly from a state licensing
authority which verifies whether or not a person has
ever been granted a license by that state, the dates during which the license
was valid and whether the licensing authority has ever taken disciplinary
action against that license.
Source. #2364-a, eff
5-17-83; ss by #3031, eff 5-28-85, EXPIRED 5-28-91
New. #5397, eff 5-20-92;
ss by #6752, Interim, eff 5-20-98, EXPIRED 9-17-98
New. #6911, eff 12-15-98;
ss by #8190, eff 10-19-04; ss by #10045, eff 1-1-12
PART Eng 302 APPLICATION REQUIREMENTS AND
APPLICATION/EXAMINATION/LICENSURE FEES
Eng 302.01 Application Process.
(a)
A person wishing to become licensed as a professional engineer shall submit an application form provided by the board containing
the information specified in Eng 302.02, including the application fee
specified in Eng 302.04.
(b)
An application, which is not signed by the applicant, and is not
accompanied by cash, a valid check or a valid credit
card
for the application fee, shall not be accepted and shall be returned to
the applicant.
(c)
If the application is denied, the applicant shall be provided an
opportunity to request a hearing for reconsideration pursuant to Eng 206 on the
deficiency issues identified by the board.
Any such request shall be made in writing and received by the board
within 30 days of the receipt of the notification of denial.
(d)
Applications about which there has been no communication by the
applicant to the board for one year shall be destroyed.
Source. #2364-a, eff
5-17-83; ss by #3031, eff 5-28-85, EXPIRED 5-28-91
New. #5397, eff 5-20-92;
ss by #6752, Interim, eff 5-20-98, EXPIRED 9-17-98
New. #6911, eff 12-15-98;
ss by #7802, eff 12-19-02; ss and moved by #8190, eff 10-19-04 (formerly Eng
301.02); ss by #10045, eff 1-1-12
Eng 302.02 Application for Licensure.
(a)
Each applicant for licensure shall provide, or cause to be provided, the
following on a form supplied by the board:
(1) The applicant’s name, including any names
previously used;
(2) The applicant’s residence and business
addresses and telephone numbers;
(3) The applicant’s e-mail address;
(4) The applicant’s date of birth and place of
birth;
(5) The applicant’s positions, dates of
employment, title, and present address of employer;
(6) Character of employment including types of
work performed and degree of responsibility;
(7) Name and present address of someone familiar
with each position;
(8) The applicant’s educational history including
the names of all high school and post-secondary institutions attended, the
dates of attendance and degrees awarded and certified copies of transcripts
from all post-secondary institutions attended;
(9) A listing of every state in which the
applicant holds or has ever held registration/licensure as a professional
engineer;
(10) Whether the registration/license is now in
force and if not, the reasons why it is not in force;
(11) Whether the applicant has ever lost or been
denied registration /licensure as a professional engineer or disciplined by
another licensing board in any other state or jurisdiction and if so, an
explanation of the circumstances;
(12) Whether the
applicant has ever taken the NCEES Fundamentals of Engineering examination, and
if so, the location, date and grade awarded;
(13) Whether the registration /licensure as a
professional engineer was issued by examination and if so, the location, date
and grade awarded;
(14) Whether the applicant has ever been convicted
of any felony or misdemeanor that has not been annulled by
a court pursuant to
(15) The names, complete addresses, occupation and business relationship with applicant of 5
references as specified in Eng 303.03;
(16) A list of current memberships in professional
or scientific societies which shall include name of organization, location,
grades and dates of memberships and any additional experience information the
applicant wishes to provide,
(17) The applicant’s social security number required pursuant to
(18) The applicant’s signature under penalty of unsworn falsification.
(b)
Educational transcripts submitted by each applicant for licensure under
the provisions of Eng 303.01 (b) (5) shall be sent directly from the
institution to the National Council for Examiners for Engineering and Surveying
(NCEES) Credentials Evaluations translation and authentication service, which
specializes in evaluating educational credentials for translation and
authentication. This translation and
authentication shall be then sent from the translation and authentication organization
directly to the board office for evaluation by the board.
(c)
Applicants shall pay the application fee specified in Eng 302.04.
Source. #2364-a, eff
5-17-83; ss by #3031, eff 5-28-85, EXPIRED 5-28-91
New. #5397, eff 5-20-92;
ss by #6752, Interim, eff 5-20-98, EXPIRED 9-17-98
New. #6911, eff 12-15-98;
amd by #7468-B, eff 3-24-01; amd by #7802, eff 12-19-02; ss and moved by #8190,
eff 10-19-04 (formerly Eng 301.03); amd by #9130, eff 5-1-08; ss by #10045, eff
1-1-12
Eng 302.03
Application for the Fundamentals of Engineering Examination.
(a)
Each applicant for the fundamentals of engineering examination shall
provide, or cause to be provided, the following on a form supplied by the
board:
(1) The applicant’s name;
(2) The applicant’s residence and school or
business addresses;
(3) The applicant’s
telephone number;
(4) The
applicant’s e-mail address;
(5) The
applicant’s date of birth;
(6) The applicant’s educational history
including the names of all high school and post-secondary institutions
attended, and the dates of attendance;
(7) Whether the applicant has ever taken the
NCEES Fundamentals of Engineering examination, and if so, the location, date
and grade awarded; and
(8) The applicant’s signature under penalty
of unsworn falsification.
(b)
Applicants shall pay the application fee specified in Eng 302.04.
Source. #6911, eff 12-15-98;
amd by #7468-B, eff 3-24-01; amd by #7802, eff 12-19-02; amd and moved by
#8190, eff 10-19-04 (from Eng 302.02); ss by #9130, eff 5-1-08; amd by #9818,
eff 11-20-10; ss by #10045, eff 1-1-12
Eng
302.04 Application,
Examination, and Licensure Fees.
(a)
The application fee for certification as an engineer in training shall
be $75.00
(b)
The application fee for licensure as a professional engineer shall be
$150.00.
(c)
The fee for examination for licensure as a professional engineer shall
be $310.00
(d)
The fee for the vertical forces component of the Principles and Practice
examination for licensure as a professional engineer shall be $500.00.
(e)
The fee for the lateral forces component of the Principles and Practice
examination for licensure
as a professional
engineer shall be $500.00.
(f)
The application fee when applying for licensure by comity/reciprocity
with other states shall be $250.00.
(g)
The certificate of licensure fee for applicants shall be $50.00.
(h)
The biennial renewal fee shall be $150.00 for active status and $30.00
for retired status.
(i)
The reinstatement fee after 12 months shall be the renewal fee plus 20
percent late fee totaling $510.00.
(j)
The application fee for certificate of authorization for all engineering
companies shall be $100.00 per year.
(k)
The temporary permit fee shall be $300.00.
(l)
The fee for verification of licensure or certification shall be $25.00.
(m)
The fee for replacement of a lost or mutilated certificate of licensure
shall be $50.00.
Source. #7802, eff 12-19-02;
renumbered by #8190 (from Eng 302.01); ss by #9130, eff 5-1-08; ss by #10045,
eff 1-1-12 (from Eng 302.03); amd by #10390, eff
11-1-13
Eng 302.05 Fees.
All fees shall be paid in the form of cash, money order, bank draft,
credit card or check payable to:
“Treasurer, State of New Hampshire” and are non-refundable.
Source. #9130, eff 5-1-08;
ss by #10045, eff 1-1-12 (from Eng 302.04)
PART
Eng 303 QUALIFICATIONS OF APPLICANTS
Eng 303.01 Candidate Requirements.
(a)
Candidates for licensure shall meet the requirements established by
(b)
Qualifications shall be determined as follows:
(1) Applicants possessing a 4-year
(2) Applicants possessing a 4-year
(3) Applicants possessing a degree in a related
science and holding a master’s degree or higher in engineering from an
institution which offers an
(4) Applicants possessing a 4-year degree from
non ABET accredited
(5) Applicants possessing a foreign degree having
a favorable NCEES Credentials Evaluations which consists of transcript review
only shall have 8 years engineering experience satisfactory to the board;
(6) Applicants possessing a
(7) Applicants possessing any degree other than
those set forth per Eng 303.01 (b) (1)-(6), or no degree, shall have 25
years of engineering experience satisfactory to the board and shall have
successfully passed the NCEES Principles and Practices of engineering
examination.
Source. #2364-a, eff
5-17-83; ss by #3031, eff 5-28-85, EXPIRED 5-28-91
New. #5397, eff 5-20-92;
EXPIRED 5-20-98
New. #6911, eff 12-15-98;
ss by #8190, eff 10-19-04; ss by #10045, eff 1-1-12
Eng 303.02 Experience Requirements. Experience in the practice of engineering
shall be determined pursuant to RSA 310-A:12 – 19 as follows:
(a)
Experience shall be progressive on engineering projects to indicate that
it is of increasing quality and requiring greater responsibility;
(b)
Only work of an engineering nature shall be credible;
(c)
Experience shall not be obtained in violation of RSA 310-A;
(d)
Experience gained in the armed services, to be creditable, shall be of a
character equivalent to that which would have been gained in the civilian
sector doing similar work. The applicant
while in the armed services shall have served in an engineering or
engineering-related group;
(e)
Experience shall be gained under the supervision of a licensed
professional engineer or if not, an explanation shall be made showing why the
experience should be considered acceptable;
(f)
Teaching experience to be creditable must be of an advanced level in a
college or university offering an engineering curriculum of four years or more
that is accredited by the ABET accredited program;
(g)
Experience gained in engineering research and design projects by members
of an engineering faculty where the curriculum is of an advanced level in a
college or university offering an engineering curriculum of four years or more
that is accredited by the ABET accredited program shall be creditable;
(h)
Successful completion of graduate study leading to the master’s degree
in engineering which has followed a baccalaureate degree in engineering may be
used for credit for one year’s experience.
If the Ph.D. in engineering is completed under the same conditions,
2-year’s total experience shall be credited.
The 2 years credit shall include the one year for the master’s degree;
(i)
Experience shall not be anticipated.
The experience shall have been received at the time of the application;
(j)
Experience as a contractor in the execution of design by a professional
engineer or in employment considered as that of supervising construction of
such work shall not be considered as creditable experience; and
(k)
Experience gained in construction to be creditable shall constitute
engineering practice as set forth in RSA 310-A:2, III.
Source. #2364-a, eff
5-17-83; ss by #3031, eff 5-28-85, EXPIRED 5-28-91
New. #5397, eff 5-20-92;
EXPIRED 5-20-98
New. #6911, eff 12-15-98;
ss by #8190, eff 10-19-04; ss by #10045, eff 1-1-12
Eng 303.03 References Required.
(a)
Each applicant for licensure shall provide the board with the names and
addresses of at least 5 individuals, who shall provide references, and are not
related to the applicant. At least 3 of
the references shall be individuals having personal or professional knowledge
of the applicant's engineering experience. At least 3 of the references shall
be licensed engineers as defined by RSA 310-A:2, II, having detailed knowledge
of the applicant's engineering experience.
(b)
The board shall use as references any individuals, whose names appear in
any part of the completed application.
Source. #6103, eff 10-26-95;
ss by #6911, eff 12-15-98; ss by #8190, eff 10-19-04; ss by #10045, eff 1-1-12
Eng 303.04 Information from References.
(a)
Information from references shall be requested by the board on forms
provided by the board as follows:
(1) Applicant’s name;
(2) Reference’s name and address, relationship to
the applicant, and status as a licensed engineer as defined in RSA
310-A:2, II; and
(3) A brief description of the reference’s
knowledge of the applicant’s qualifications in the practice of engineering.
(b)
The reference shall sign and date the form.
Source. #6911, eff 12-15-98;
ss by #8190, eff 10-19-04; ss by #10045, eff 1-1-12
Eng 303.05 Additional References. The board shall require of the applicant the
names and addresses of additional references if the original information
provided by the references is unclear, incomplete or
contradictory.
Source. #6911, eff 12-15-98;
ss by #8190, eff 10-19-04; ss by #10045, eff 1-1-12
PART Eng 304 EXAMINATIONS
Eng 304.01 Examination Requirements.
(a)
The board shall hold the Principles and Practice of Engineering,
national examination semi-annually in April and October each year on dates set
by the National Council of Examiners for Engineering and Surveying.
(b) All applicants for licensure shall
have successfully passed the NCEES Fundamentals of Engineering examination
unless waived pursuant to (c) and (d) below.
(c)
Applicants who meet the education and experience required per
(d)
Waivers of the NCEES Fundamentals of Engineering exam shall be granted
if the applicant meets the following:
(1) The applicant shall have a Bachelor of
Science Degree in an engineering curriculum from an
(2) The applicant shall have more than 10 years
of accumulated engineering experience under the direction of a licensed
professional engineer set forth in Eng 303.02 and
(e)
All applicants for licensure shall have successfully passed the NCEES
Principles and Practice examination and the
(f) The law and ethics questionnaire
shall consist of a take home examination covering
RSA 310-A:2 – 27 and Eng 500.
(g)
The Fundamentals of Engineering national examination created and graded
by NCEES shall be administered using computer–based testing at NCEES test
centers on dates set by NCEES.
Source. #2364-a, eff
5-17-83; ss by #3031, eff 5-28-85, EXPIRED 5-28-91
New. #5397, eff 5-20-92;
ss by #6752, Interim, eff 5-20-98, EXPIRED 9-17-98
New. #6911, eff 12-15-98;
amd by #7468-B, eff 3-24-01; ss by #8190, eff 10-19-04; ss by #10045, eff
1-1-12; amd by #10390, eff 11-1-13
(a)
Candidates failing an examination shall be entitled to re-examination
upon payment of an additional examination fee pursuant to Eng 302.04 (a) and
(b).
(b)
Candidates failing the NCEES principles and practices examination 3
consecutive times shall submit a new application for examination for licensure
pursuant to Eng 302.02 before subsequent re-examination shall be granted.
Source. #2364-a, eff
5-17-83; ss by #3031, eff 5-28-85, EXPIRED 5-28-91
New. #5397, eff 5-20-92;
ss by #6752, Interim, eff 5-20-98, EXPIRED 9-17-98
New. #6911, eff 12-15-98;
ss by #8190, eff 10-19-04; ss by #10045, eff 1-1-12
PART Eng 305 RECIPROCITY
Eng 305.01 Reciprocity. Candidates for licensure who are
licensed/registered in another state, provided that the other state’s
licensure/registration requirements are substantially equivalent to or higher
than those of this state, shall apply to the board for licensure on a form
provided by the board as specified in Eng 302.02 and pay the fee per Eng 302.04
(c). Verification of equivalency shall
be determined by verification of the requirements of the state of origin. The verification shall be obtained by the
candidate for licensure and submitted to the board directly from the verifying
state for approval.
Source. #2364-a, eff
5-17-83; ss by #3031, eff 5-28-85, EXPIRED 5-28-91
New. #5397, eff 5-20-92;
ss by #6752, Interim, eff 5-20-98, EXPIRED 9-17-98
New. #6911, eff 12-15-98;
ss by #8190, eff 10-19-04; ss by #10045, eff 1-1-12
PART Eng 306 ENGINEERING CERTIFICATES FOR BUSINESS
ORGANIZATIONS
Eng 306.01 Business Organization Certificate
Requirements.
(a) Business organizations offering
engineering services in New Hampshire shall meet the requirements established
pursuant to RSA 310-A:20.
(b)
Persons designated as being responsible for the engineering activities
of the business organization shall:
(1) Be licensed as a professional
engineer in this state, and;
(2) Be employed by the business organization a
minimum of 37.5 hours per week, except in the case of a business organization
which is owned by a professional engineer and which business organization is
either not actively providing engineering services or consists of a sole
practicing professional engineer.
(c)
Applicants for a certificate of authorization for a business
organization shall provide, or cause to be provided, the following on a form
supplied by the board:
(1) The applicant’s name, including any names
previously used;
(2) The applicant’s business addresses and
telephone numbers;
(3) Fields of engineering practices engaged in;
(4) Names and addresses of corporate officers or
partners;
(5) Names and addressees, of person/s responsible
for engineering activities and decisions;
(6) NH
license number, and status of person/s responsible for engineering
activities and decisions;
(7) Number of hours employed per week of person/s
responsible for engineering activities and decisions;
(8) Personnel legally authorized to sign
contracts for the business organization for engineering services; and
(9) Applicant’s signature under penalty of
unsworn falsification.
(d)
Applicants shall pay the application fee specified in Eng 302.04.
Source. #2364-a, eff
5-17-83; ss by #3031, eff 5-28-85, EXPIRED 5-28-91
New. #5397, eff 5-20-92;
ss by #6752, Interim, eff 5-20-98, EXPIRED 9-17-98
New. #6911, eff 12-15-98;
amd by #7468-B, eff 3-24-01; ss by #8190, eff 10-19-04; ss by #10045, eff
1-1-12
PART Eng 307 TEMPORARY PERMIT
Eng 307.01 Temporary Permit.
(a)
A person who is eligible to be licensed as a professional engineer in
New Hampshire by reciprocity may apply for a temporary permit for a specific
project in this state not to exceed 6 months in any one calendar year.
(b)
Applicants for temporary permits shall provide, or cause to be provided,
the following on a form provided by the board:
(1) The applicant’s name, including any names
previously used;
(2) The applicant’s business addresses and
telephone numbers;
(3) State currently licensed in and license
number, expiration date;
(4) Project title, location
and brief description of the specific project in the state;
(5) Applicant’s professional engineer stamp of
jurisdiction applicant is licensed/ registered in;
(6) The applicant’s positions, dates of
employment, title, and present address of employer;
(7) Character of employment including types of
work performed and degree of responsibility;
(8) Name and present address of someone familiar
with each position;
(9) The
applicant’s educational history including the names of all high school and
post-secondary institutions attended, the dates of attendance and degrees
awarded and certified copies of transcripts from all post-secondary
institutions attended;
(10) A listing of every state in which the
applicant holds or has ever held registration/licensure as a professional
engineer;
(11) Whether the registration/license is now in
force and if not, the reasons why it is not in force;
(12) Whether the applicant has ever lost or been
denied registration /licensure as a professional engineer or disciplined by
another licensing board in any other state or jurisdiction and if so, an
explanation of the circumstances;
(13) Whether the
applicant has ever taken the NCEES Fundamentals of Engineering examination, and
if so, the location, date and grade awarded;
(14) Whether the registration /licensure as a
professional engineer was issued by examination and if so, the location, date
and grade awarded;
(15) Whether the applicant has ever been convicted
of any felony or any misdemeanor, or a violation involving engineering or the
practice of professional engineering and if so, the name of the court, the
details of the offense and the date of conviction and the sentence imposed;
(16) The names, complete addresses, occupation and business relationship with applicant of 5
references as specified in Eng 303.03;
(17) A list of current memberships in professional
or scientific societies, including name of organization, location, grades and
dates of memberships and any additional experience information the applicant
wishes to provide, and
(18) Applicant’s signature under penalty of
unsworn falsification.
(c)
Applicants shall submit the application fee specified in Eng 302.04.
(d)
Temporary permits shall be granted if the board determines that the
applicant meets or exceeds the requirements of Eng 303.01, 303.02, and 304.01.
Source. #2364-a, eff
5-17-83; ss by #3031, eff 5-28-85, EXPIRED 5-28-91
New. #5397, eff 5-20-92;
ss by #6752, Interim, eff 5-20-98, EXPIRED 9-17-98
New. #6911, eff 12-15-98;
ss by #8190, eff 10-19-04; ss by #10045, eff 1-1-12
PART Eng 308 CREDENTIALS
Eng 308.01 License. An applicant for licensure as a professional
engineer, who has met satisfactorily all the requirements of RSA 310-A:2-27 and
who has paid all of the fees, shall be issued a
license by the board. The licensee shall
be issued a license authorizing the practice of engineering that shall show the
name of the licensee, shall have a serial number, and shall be sealed and
signed by the chairperson and secretary of the board.
Source. #6911, eff 12-15-98;
ss by #8190, eff 10-19-04; ss by #10045, eff 1-1-12
Eng 308.02 Pocket Cards. Biennially, the board shall issue a pocket
card upon receipt of the biennial renewal form and fee. The card shall certify that the engineer
holds a license in good standing and is authorized to practice engineering to
the date of expiration as shown on the card.
Source. #6911, eff 12-15-98;
ss by #8190, eff 10-19-04; ss by #10045, eff 1-1-12
Eng 308.03 Licensed Engineer Seal/Stamp.
(a)
The board shall upon issuance of a license to an applicant as a licensed
engineer, require the licensee to acquire an impression type seal or rubber
stamp of the design specified by these rules.
This seal shall bear the licensee's name and number as shown on the
license. This seal may be affixed on all
plans, maps, and reports prepared by the licensee, but shall be affixed to all
documents issued or filed for public record.
(b)
The seal shall consist of 2 concentric circles with the outer circle
having a diameter of 1-9/16 inches and the inner circle diameter 15/16 of an
inch. In the space between the circles
at the top shall be the words "State of
(c)
It shall be a violation of these rules for the licensee to stamp or seal
any documents with his/her seal after his/her license has expired, revoked or suspended or after the licensee has chosen
retired status. It shall be a violation
of these rules for the licensee to stamp or seal any documents not prepared by
him or her personally or under his/her direct supervision.
Source. #6911, eff 12-15-98;
ss by #8190, eff 10-19-04; ss by
#10045, eff
1-1-12
CHAPTER Eng
400 CONTINUED STATUS
PART Eng 401 RENEWAL OF LICENSE
Eng
401.01 Expirations and
Renewals. Pursuant to RSA 310-A:21,
licenses shall be renewed by written application prior to the expiration date
and by payment of the prescribed renewal fee.
The board shall notify each engineer one month prior to expiration of
his license. If properly renewed, a
license shall remain in effect continuously from the date of issuance, unless
suspended or revoked by the board. If an
engineer is 70 years or older and has held an engineering license continuously
for the 10-year period immediately proceeding the renewal, he shall be renewed
with no fee required.
Source. #2364-a, eff
5-17-83; ss by #3031, eff 5-28-85, EXPIRED 5-28-91
New. #5397, eff 5-20-92;
ss by #6752, Interim, eff 5-20-98, EXPIRED 9-17-98
New. #6911, eff 12-15-98;
ss by #8190, eff 10-19-04; ss by #10045, eff 1-1-12
Eng 401.02 Renewal of License. Any licensee wishing to renew a license shall
submit:
(a)
The renewal application supplied by the board;
(b)
The fee specified in Eng 302.04;
(c)
If the renewal is not received by the date of expiration, a late fee of
20 percent per month; and
(d)
Proof of completion of the continuing professional development
requirements of Eng 403.
Source. #2364-a, eff
5-17-83; ss by #3031, eff 5-28-85, EXPIRED 5-28-91
New. #5397, eff 5-20-92;
ss by #6752, Interim, eff 5-20-98, EXPIRED 9-17-98
New. #6911, eff 12-15-98;
ss by #8190, eff 10-19-04; ss by #10045, eff 1-1-12
Eng 401.03 Renewal Application. The applicant shall supply the following
information on the application form for license renewal:
(a)
The applicant’s full name;
(b)
The applicant’s business address and telephone number;
(c)
The applicant’s home address and telephone number;
(d)
A statement indicating that the applicant has complied with the
continuing education requirements of Eng 403;
(e)
A statement indicating any disciplinary or legal action brought against
the applicant for his/her services as a professional engineer;
(f)
A statement indicating that the applicant has adhered to the ethical and
professional standards of Eng 500;
(g)
Acknowledgment that the provision of materially false information in the application
knowingly provided is a basis for denial;
(h)
Acknowledgement that, if the applicant provided false information that
is discovered after the license is renewed, is a basis for disciplinary
action by the board; and
(i)
The applicant’s signature and date.
Source. #5397, eff 5-20-92;
ss by #6752, Interim, eff 5-20-98, EXPIRED 9-17-98
New. #6911, eff 12-15-98;
ss by #8190, eff 10-19-04; ss by #10045, eff 1-1-12
Eng 401.04 Denial of Renewal.
(a)
Renewal applicants shall be investigated for the purpose of verifying
all application materials.
(b)
The board shall notify the applicant of any deficiencies in the renewal
application within 60 days of receipt.
Failure to remedy the deficiencies within 60 days thereafter shall
result in denial of the renewal application.
An application shall be considered complete when all deficiencies are
corrected.
(c)
Renewal shall be denied if, after notice and an opportunity for hearing,
there is a finding of:
(1) Noncompliance with the continuing education
requirements of Eng 403;
(2) Any unethical act for which discipline shall
be imposed under Eng 500;
(3) Reasons for which an initial application
would have been denied; or
(4) Failure to furnish complete or accurate
information on a renewal license application.
Source. #6911, eff 12-15-98;
ss by #8190, eff 10-19-04; ss by #10045, eff 1-1-12
Eng 401.05 Reinstatement. A professional engineer whose license to
practice engineering in this state has been allowed to lapse for a period of 12
months or more shall:
(a)
File a reinstatement application with the board that shall include at
least the following:
(1) The applicant’s full name;
(2) The applicant’s business address and
telephone number;
(3) The applicant’s home address and telephone
number;
(4) Documentation that the applicant has complied
with the continuing education requirements of Eng 403;
(5) A statement indicating any disciplinary or
legal action brought against the applicant for his/her services as a
professional engineer;
(6) A statement indicating that the applicant has
adhered to the ethical and professional standards of Eng 500;
(7) A representation that the applicant
acknowledges that the provision of false information in the application is a
basis for disciplinary action by the board;
(8) The names, complete addresses, occupation and business relationship with applicant of 3
references from licensed professional engineers as defined by RSA 310-A:2, II;
and
(9) The applicant’s signature and date.
(b)
Applicants shall submit the application and reinstatement fees as
specified in Eng 302.04.
Source. #6911, eff 12-15-98;
ss by #8190, eff 10-19-04; ss by #10045, eff 1-1-12
Eng 401.06 Certificate of Authorization Renewal. Certification of authorization for the
practice of engineering shall expire on December 31 each year. A renewal
notification shall be sent to all engineering certified business organizations
at least one month prior to expiration.
Source. #10045, eff 1-1-12
Eng 401.07 Certificate of Authorization Renewal
Application.
(a)
Each applicant for renewal of the certificate of authorization renewal
shall provide, or cause to be provided, the following on a form supplied by the
board:
(1) Complete name and address of the business
organization;
(2) The applicant’s business addresses and
telephone numbers;
(3) Fields of engineering practices engaged in;
(4) Names and addresses of corporate officers or
partners;
(5) Names and addressees, of person responsible
for engineering activities and decisions;
(6) NH license number, and status of person
responsible for engineering activities and decisions;
(7) Number of hours employed per week of person/s
responsible for engineering activities and decisions;
(8) Personnel legally authorized to sign
contracts for the business organization for engineering services; and
(9) Applicant’s signature under penalty of
unsworn falsification.
(b)
The completed form shall be submitted to the board office with the fee
pursuant to Eng 302.04 (j).
Source. #10045, eff 1-1-12
PART Eng 402 DISCIPLINARY MATTERS
Eng 402.01 Initiation of Disciplinary Action. The board shall undertake misconduct
investigations, settlements of misconduct allegations, or disciplinary
hearings, when warranted, in response to any information which reasonably
suggests that a licensee has engaged in professional misconduct.
Source. #6488, eff 4-22-97;
ss by #6911, eff 12-15-98; ss by #8190, eff 10-19-04; ss by #10045, eff 1-1-12
Eng 402.02 Disciplinary Sanctions.
(a)
Other than immediate license suspensions authorized by RSA 541-A:30, III
the board shall impose disciplinary sanctions only:
(1) After prior notice and an opportunity to be
heard; or
(2) Pursuant to a mutually agreed upon settlement
or consent decree.
(b)
When the board receives notice that a licensee has been subjected to
disciplinary action related to professional conduct by the licensing authority
of another jurisdiction, the board shall issue an order providing the
opportunity for a hearing and directing the licensee to demonstrate why
reciprocal discipline should not be imposed in
(c)
In a disciplinary proceeding brought on the basis of
discipline imposed in another jurisdiction the certificate holder shall be
subject to any disciplinary sanction authorized by
(d)
After a finding that misconduct has occurred, the board shall impose one
or more of the disciplinary sanctions authorized by
(e)
The board shall determine the sanctions to be imposed after considering
the presence of aggravating or mitigating circumstances as specified in Eng
402.02 (f) and (g).
(f)
The following shall be considered aggravating circumstances:
(1) The seriousness of the offense;
(2) The licensee’s prior disciplinary record;
(3) Lack of willingness to cooperate with the
board;
(4) Potential harm to public health and safety;
and
(5) The purpose of the rule or statute violated.
(g)
The following shall be considered mitigating circumstances:
(1) Absence of a prior disciplinary record;
(2) Willingness to cooperate with the board;
(3) Acknowledgment of his or her wrongdoing; and
(4) The purpose of the rule or statute violated.
(h)
No hearing date established in a proceeding conducted under Eng 402.02
shall be postponed at the request of the licensee unless the licensee also
agrees to continue the suspension period pending issuance of the board’s final
decision.
(i)
Copies of board orders imposing disciplinary sanctions and copies of all
settlement agreements or consent decrees shall be sent to the licensing body of
each state in which the licensee is licensed and to such other entities,
organizations, associations, or boards as are required to be notified under
applicable state or federal law, or which have a legitimate professional interest
in the decision and may receive notice consistent with applicable state or
federal law.
Source. #6488, eff 4-22-97;
ss by #6911, eff 12-15-98; rpld by #7468-B, eff
3-24-01
New.
(from Eng 402.03, originally #6911, eff 12-15-98); renumbered by #7468-B; ss by #8190, eff
10-19-04; ss by #10045, eff 1-1-12
Eng 402.03 Civil Penalties.
(a)
Adjudicative procedures seeking the assessment of a civil penalty shall
be commenced against any person subject to such penalties under any provision
of RSA 310-A when the board possesses evidence indicating that a violation has
occurred.
(b)
When persons subject to the board’s disciplinary authority are directed
to pay civil penalties in accordance with Eng 402.02, such penalties shall be
assessed in accordance with the factors stated in Eng 402.02 (f) and (g) and the following
additional considerations:
(1) The cost of any investigation or hearing
conducted by the board; and
(2) The licensee’s ability to pay a civil penalty
assessed by the board.
(c)
Civil penalties shall not exceed the following amounts:
(1) When no violation of the same type has occurred
within the 5 years preceding the board’s notice to the respondent, the penalty
assessed shall not exceed $200.00 per day or $1,000.00 per offense whichever is
greater;
(2) When a single disciplinary infraction of the
same type has occurred within the 5 years preceding the board’s notice to the
respondent, the penalty assessed shall not exceed $200.00 per day or $1,500.00
per offense whichever is greater; and
(3) When more than one disciplinary infraction of
the same type has occurred within the 5 years
preceding the
board’s notice to the respondent the penalty assessed shall not exceed $200.00
per day or $2,000.00 per offense whichever
is greater.
(d)
In the case of continuing violations, a separate penalty shall be
assessed for each day the violation continues.
(e)
A single course of continuing conduct shall be treated as a single
violation for purposes of Eng 402.03 (c).
Source. #6488, eff 4-22-97;
ss by #6911, eff 12-15-98; renumbered by #7468-B (formerly Eng 402.04); ss by
#8190, eff 10-19-04; ss by #10045, eff 1-1-12
Eng 402.04 Procedures for Assessing and Collecting
Civil Penalties.
(a)
Payment of a civil penalty shall be included among the options available
for settling disciplinary allegations, and shall be included among the types of
disciplinary sanctions imposed after notice and hearing.
(b)
In cases where the board initially intends to limit disciplinary sanctions
to a civil penalty, the board shall issue a “notice of apparent liability”
describing the alleged offense, stating the amount of the assessed penalty, and
notifying the alleged offender that he or she shall pay the penalty by a
certain date or request that an administrative hearing be held. If a hearing is requested, the notice of
apparent liability shall be withdrawn and a notice of hearing shall be
issued. In such hearings, the board’s
disciplinary options shall not be limited to the assessment of a civil penalty.
(c)
Nonpayment of a civil penalty by a licensee or respondent in
contravention of an order, agreement or promise to pay, shall be grounds for
discipline by the board and a basis for judicial action seeking to collect the
penalty.
Source. #6488, eff 4-22-97;
ss by #6911, eff 12-15-98; renumbered by #7468-B (formerly Eng 402.05); ss by
#8190, eff 10-19-04; ss by #10045, eff 1-1-12
PART Eng 403 CONTINUING PROFESSIONAL DEVELOPMENT
Eng 403.01 Renewal Requirements.
(a)
A renewal application shall not be accepted for filing unless the
licensee indicates on the renewal application, and under penalty of unsworn
falsification, that he/she has completed the minimum required hours of approved
professional development hours required by 403.01(b) and lists the specific
basis for each credit.
(b)
Each licensee shall obtain at least 30 professional development hours of
approved continuing education courses during the biennial renewal period as a
condition of license renewal.
(c)
If a licensee exceeds the requirement, a maximum of 15 professional
development hours may be carried forward into the subsequent renewal period.
Source. #6911, eff 12-15-98);
ss by #8190, eff 10-19-04; ss by #10045, eff 1-1-12
Eng 403.02 Continuing Professional Development Requirements
for New Licensees. New licensees
shall be exempt from obtaining professional development hours for
their first biennial renewal period.
Source.
#6911, eff
12-15-98; ss by #8190, eff 10-19-04; ss by #10045, eff 1-1-12
Eng 403.03 Requirements for Reciprocity. Licensees who are residents of jurisdictions
other than
Source. #6911, eff 12-15-98;
ss by #8190, eff 10-19-04; ss by #10045, eff 1-1-12
Eng 403.04 Reinstatement. An applicant may bring an inactive license to
active status by obtaining the professional development hours required pursuant
to Eng 403.01 (b and payment of any and all outstanding
renewal and reinstatement fees as specified in Eng 302.04.
Source. #6911, eff 12-15-98;
ss by #8190, eff 10-19-04; ss by #10045, eff 1-1-12
Eng 403.05 Professional Development Hour Requirements. Professional development hours shall meet the
following criteria:
(a)
Continuing education activities shall be relevant to the practice of engineering or no credit shall be awarded. Such continuing
education activities may include technical, ethical, or managerial content;
(b)
The content of each presentation shall be well organized and presented
in a sequential manner; and
(c)
There is a provision for individual participant course/program
registration including information required for record keeping and reporting.
Source. #6911, eff 12-15-98;
ss by #8190, eff 10-19-04; ss by #10045, eff 1-1-12
Eng 403.06
Professional Development Hour Credits. Professional development hours shall be
credited as follows:
(a)
A maximum of 6 professional development hours
shall apply to activity on a state or national board of licensure;
(b)
Courses/programs awarded one college semester hour of credit
shall
equal 45 professional development hours based on course credit
established by the college or university;
(c)
Courses/programs awarded one college quarter hour shall
equal 30 professional development hours;
(d)
Courses/programs awarded one continuing education unit shall equal 10
professional development hours;
(e)
Credit shall be awarded for one hour of professional development in
course work, seminars, or professional technical presentations made at
meetings, conventions, or conferences for each hour of attendance. Attendance
at qualifying programs presented at professional and/or technical society
meetings shall earn professional development hour units for the actual time of
each program;
(f)
Teaching or instructing qualifying courses or seminars or making
presentations at technical meetings shall earn professional development hours
credit at twice that of participants.
Teaching credit shall be valid for teaching a course or seminar for the
first time only. Teaching credit shall
not apply to full-time faculty;
(g)
Each published article for a trade journal shall equal 2 professional
development hours;
(h)
Each published professional journal, article or published engineering text book shall equal 30 professional development hours;
(i)
Active participation in professional or technical societies shall equal
2 professional development hours and shall require that a registrant serve as
an officer and/or actively participate in a committee of the organization.
Professional development hour credits shall not be earned until each year
service is completed and shall be limited to 2 professional development hours
per organization;
(j)
Credit awarded for one patent shall equal
10 professional development hours; and
(k)
Professional development credits shall not be recognized for any repeat
program attended or completed.
Source. #6911, eff 12-15-98;
ss by #10-19-04; ss by #10045, eff 1-1-12
Eng 403.07 Record Keeping.
(a)
The responsibility of maintaining records to be used to support
credits claimed shall be the responsibility of the licensee.
(b)
Records required shall contain at least the following documentation:
(1) A log showing the type of activity claimed,
sponsoring organization, location, instructor’s or speaker’s name, and
professional development hours credits earned; and
(2) Attendance verification records in the form
of completion certificates or other documents supporting evidence of attendance
such as:
a. Signed attendance receipts;
b. Paid receipts and course agenda; or
c. A copy of a listing of attendees signed by a
person sponsoring the course or program or the course/program provider.
(c)
The licensee shall retain attendance verification records for a period
of at least 4 years. Such
documentation shall be made available to the board for random audit and/or
verification purposes. Documentation shall support professional development
hours claimed. Failure to provide
documentation for audit verification shall result in disciplinary action.
(d)
Not less than 3% of the licensees shall be randomly selected each year
by the board for compliance with Eng. 403.01.
Source. #6911, eff 12-15-98;
ss by #8190, eff 10-19-04; ss by #10045, eff 1-1-12
Eng 403.08 Exemptions. A licensee shall be exempt from the
professional development educational requirements for any of the following
reasons:
(a)
A licensee serving on temporary active duty in the armed forces of the
United States for a period of time exceeding 120
consecutive days in a year shall be exempt from obtaining the professional
development hours required during that year; and
(b)
Licensees who list their occupation as “retired” on the board approved
renewal form and who further certify that they are no longer providing
professional engineering services shall be exempt from the professional
development hours required.
Source. #6911, eff 12-15-98;
ss by #8190, eff 10-19-04; ss by #10045, eff 1-1-12
Eng 403.09 Waiver of Professional Development Hours
Deadline.
(a)
A licensee may request a waiver of professional development hour
deadlines.
(b)
A waiver shall be granted provided the waiver petition meets the
following criteria:
(1) A petition requesting a waiver shall be filed
at least 30 days before the expiration of the biennial continuing education
period in question;
(2) Late filing shall be justified by a showing
of good cause that includes serious accident, illness
or other circumstances beyond the control of the licensee which actually
prevents the licensee from satisfying the continuing education requirements;
(3) Relevant supporting documentation from the
licensee’s physician or medical professional shall be furnished to the board
when necessary for a fair and informed determination by the board; and
(4) A waiver petition shall include a specific
timetable for completing specific courses, which will meet the petitioner’s
continuing education unit deficiency.
Source. #6911, eff 12-15-98;
ss by #8190, eff 10-19-04
Eng 403.10 Noncompliance. Failure to submit documentation required per
Eng
403.07 (b) and (c) which establishes that said requirements were so
completed, shall after notice and opportunity for hearing, result in disciplinary
action including license suspension or revocation unless a waiver petition has
been timely filed and duly granted by the board.
Source. #6911, eff 12-15-98;
ss by #8190, eff 10-19-04; ss by #10045, eff 1-1-12
CHAPTER
Eng 500 ETHICAL STANDARDS AND LICENSE
SURRENDER
PART
Eng 501 ETHICAL STANDARDS
Eng 501.01 Purpose and Scope.
(a)
In order to safeguard the life, health, property, and welfare of the
public and to establish and maintain a high standard of integrity, skills, and
practice in the profession of engineering the following rules of professional
conduct are promulgated in accordance with RSA 310-A:2 through RSA 310-A:27.
(b)
These rules shall be binding upon every person holding a license as a
professional engineer and on all persons, corporations, or other legal entities
authorized to perform engineering in this state.
Source. #2364-a, eff
5-17-83; ss by #3031, eff 5-28-85, EXPIRED 5-28-91
New. #5397, eff 5-20-92;
ss by #6752, Interim, eff 5-20-98, EXPIRED 9-17-98
New. #6911, eff 12-15-98;
ss by #8190, eff 10-19-04; ss by #10045, eff 1-1-12; EXPIRED: 1-1-20
New. #13787, eff 12-19-23
Eng 501.02 Obligation To
Obey.
(a)
Violation of these ethical standards shall result in disciplinary
sanctions. Conduct proscribed by these
ethical standards, when performed by an engineer-in-training or a candidate for
licensure as a professional engineer in this state, or during a prior period of
licensure, shall result in denying a license application.
(b)
All persons licensed under RSA 310-A:2 through RSA 310-A:27 shall be
considered to have knowledge of the existence of these rules of professional conduct
and shall be deemed to be familiar with their several provisions. Such knowledge shall encompass the
understanding that the practice of professional engineering is a privilege, as
opposed to a right, and the licensed professional engineer shall be forthright
and candid in the licensee's statements or written response to the board or its
representatives on matters pertaining to professional conduct.
(c)
Licensees shall submit only truthful and correct information in any
application or other document filed with or statement made to the board.
(d)
Licensees shall inform the board of a principal business or home address
to which all official board communications should be directed, and of all
addresses where they are practicing. The
establishment of a business or home address or the change or abandonment of a
business or home address shall be reported to the board within 30 days.
Source. #6911, eff 12-15-98;
ss by #8190, eff 10-19-04; ss by #10045, eff 1-1-12; EXPIRED: 1-1-20
New. #13787, eff 12-19-23
Eng 501.03 Standards of Conduct.
(a)
The professional engineer shall hold paramount the safety, health, and
welfare of the public as follows:
(1) Perform their services only in areas of their
competence;
(2) Issue statements only in an objective and
truthful manner;
(3) Act for each employer or client as faithful
agents or trustees;
(4) Avoid deceptive acts;
(5) Conduct themselves ethically, and lawfully so as to enhance the honor, reputation, and usefulness of
the profession;
(6) Undertake to perform engineering assignments
only when qualified by education or experience in the specific technical field
of professional engineering involved;
(7) Accept an assignment requiring education or
experience outside of their own field of competence, but only to the extent
that the services are restricted to those phases of the project in which the
licensee is qualified. All other phases
of such project shall be performed by qualified associates, consultants, or
employees;
(8) Not affix their signature or seal to any
engineering plan or document dealing with subject matter for which they lack
competence by virtue of education or experience, nor to any such plan or
document not prepared under their direct supervisory control;
(9) Exercise direct supervisory control, which
requires a licensee to maintain responsible charge which includes:
a. Providing all client contracts;
b. Internal and external financial control; and
c. Overseeing employee training;
(10) Exercise control and supervision over all
jobs requirements which includes:
a. Research;
b. Planning;
c. Design;
d. Field supervision; and
e. Work product review;
(11) Not delegate responsible charge or direct
supervisory control to a non-licensed individual to provide professional
services as specified in Eng 501.03 (a) (9); and
(12) May affix their seal and signature to
drawings and documents depicting the work of 2 or more professionals provided they
designate by a note under their seal the specific subject matter for which they
are responsible.
(b)
The professional engineer shall issue public statements only in an
objective and truthful manner; as follows:
(1) Be
objective and truthful in all professional reports, statements, or testimony
and include all relevant and pertinent information in such reports, statements,
or testimony;
(2) When serving as an expert or technical
witness before any court, commission, or other tribunal, express an expert
opinion only when it is founded upon adequate knowledge of the facts in issue,
upon a background of technical competence in the subject matter, and upon
honest conviction of the accuracy and propriety of their testimony;
(3) Issue no statements, criticisms, or arguments
on engineering issues connected with public policy which are influenced or paid
for by an interested party, or parties, unless they have prefaced their comment
by explicitly identifying themselves by disclosing the identities of the party
or parties on whose behalf they are speaking, and by revealing the existence of
any pecuniary interest they may have in the instant matters;
(4) Not attempt to injure, maliciously or
falsely, directly, or indirectly, the professional reputation, prospects,
practice, or employment of another engineer nor shall they indiscriminately
criticize another engineer in public; and
(5) If they believe that another engineer is
guilty of misconduct or illegal practice, they shall present such information
to the board.
(c)
The professional engineer shall avoid conflicts of interest as follows:
(1) Promptly inform their employer or client of
any business associations, interests, or circumstances, which could influence their
judgment, or the quality of their services;
(2) Not accept compensation, financial or
otherwise, from more than one party for services pertaining to the same project,
unless the circumstances are fully disclosed to, and agreed to, by all
interested parties;
(3) Not solicit or accept financial or other
valuable considerations from material or equipment suppliers for specifying
their products;
(4) Not solicit or accept gratuities, directly or
indirectly, from contractors, their agents, or other parties dealing with their
client or employer in connection with work for which they are responsible;
(5) When in public service as a member, advisor,
or employee of a governmental body or department, not participate in
considerations or actions with respect to services provided by them or their
organization in private engineering practices; and
(6) Not solicit or accept an engineering contract
from a governmental body on which a principal or officer of their organization
serves as a member.
(d)
The professional engineer shall solicit or accept work only on the basis of their qualifications as follows:
(1) Not offer to pay, either directly or
indirectly, any commission, political contribution, gift, or other
consideration in order to secure work, exclusive of
securing salaried positions through employment agencies;
(2) Shall compete for employment on the basis of professional qualification and competence to
perform the work;
(3) Not solicit or submit proposals for
professional services containing false, fraudulent, misleading, deceptive, or
unfair statement or claim regarding the cost, quality, or extent of services to
be rendered;
(4) Not falsify or permit misrepresentation of their,
or their employees or co-worker’s, academic or professional qualifications;
(5) Not misrepresent their degree of
responsibility in or for the subject matter of prior assignments; and
(6) Not distribute brochures or other
presentations incident to the solicitation of employment which shall not
misrepresent pertinent facts concerning employers, employees, associates, joint
ventures, or their past accomplishments with the intent and purpose of
enhancing their qualifications and their work.
(e)
The professional engineer shall provide their services in an ethical and
lawful manner as follows:
(1) Not knowingly associate with or permit the
use of their name or firm name in a business venture by any person or firm
which they know, or has reason to believe, is engaging in business or
professional practices of a fraudulent or dishonest nature;
(2) If they have knowledge or reason to believe
that another person or firm may be in violation of any of these provision or
provisions of RSA 310-A:2 through RSA 310-A:27, present such information to the
board in writing and cooperate with the board in furnishing such further
information or assistance as may be required by the board; and
(3) Cooperate with investigations and requests
for information from the board and the board’s representatives.
Source. #6911, eff 12-15-98;
ss by #8190, eff 10-19-04; ss by #10045, eff 1-1-12; EXPIRED: 1-1-20
New. #13787, eff 12-19-23
PART
Eng 502 VOLUNTARY LICENSE SURRENDER
Eng 502.01 Procedure for Surrendering a License.
(a)
Any person holding a license may voluntarily surrender that license by sending
to the board a letter stating that they intend to surrender their license. The letter shall include at a minimum:
(1) The licensees name as it appears on their
license;
(2) The licensee’s license number; and
(3) The signature and date the licensee signed
the letter.
Source. #6911, eff 12-15-98;
ss by #8190, eff 10-19-04; ss by #10045, eff 1-1-12; EXPIRED: 1-1-20
New. #13787, eff 12-19-23
Eng 502.02 Effect of Voluntary License Surrender.
(a)
A licensee who voluntarily surrenders a license shall retain no right or
privilege to practice professional engineering in New Hampshire except as may
be specifically set forth in a board order or settlement agreement authorizing
the voluntary surrender. Unless
otherwise provided by the board, a licensee who reapplies for licensure in New
Hampshire after a voluntary surrender shall have the burden of proving
compliance with all of the requirements then in effect
for new applicants, including professional character requirements.
(b)
Surrender or non-renewal of a license shall not preclude the board from
investigating or completing a disciplinary proceeding based upon the licensee’s
professional conduct while the license was still in effect. Such investigations and proceedings shall be
handled in the same manner as other disciplinary investigations and
proceedings.
Source. #6911, eff 12-15-98; ss by #8190, eff
10-19-04; ss by #10045, eff 1-1-12; EXPIRED: 1-1-20
New. #13787, eff 12-19-23
Eng 502.03 Voluntary Surrender When Misconduct
Allegations are Pending.
(a)
A licensee who wishes to surrender their license as part of a settlement
of pending misconduct allegations shall make a written settlement offer to the
board before the close of the record in a disciplinary hearing.
(b)
Any settlement agreement reached under (a), above, shall include the
following concessions:
(1) That the license surrender has occurred in
settlement of pending disciplinary charges; and
(2) That the pending disciplinary allegations
shall be issues to be resolved in any future application the licensee may
submit in New Hampshire.
(c)
The board shall decline to accept a settlement agreement under (a),
above, if the board believes the licensee has unreasonably declined to disclose
material information concerning the alleged misconduct or has refused to
stipulate to the truth of specific material facts concerning the alleged
misconduct which would be necessary to protect the public interest in the event
the licensee subsequently reapplies for a license.
(d)
A licensee’s stipulation of facts shall be exempt from public disclosure
to the extent permitted by RSA 91-A and if the public portion of the settlement
agreement or surrender document expressly states that a separate, confidential
stipulation of facts is on file with the board.
(e)
The fact of license surrender and the terms of any settlement agreement
pertaining thereto shall be distributed to all relevant licensing authorities
and professional societies in the same manner as a final decision containing
specific finding of professional misconduct.
Source. #6911, eff 12-15-98; ss by #8190, eff
10-19-04; ss by #10045, eff 1-1-12; EXPIRED: 1-1-20
New. #13787, eff 12-19-23
Appendix
Rule |
|
|
|
Eng 301 |
|
Eng 302 |
|
Eng 302.02(b) |
RSA 310-A:6,
I(a); RSA 310-A:16 |
Eng 302.03,
302.04 |
|
Eng 302.03 (d) & (e) |
RSA
310-A:6, I (c); RSA 310-A:7, I (a); RSA 310-A:16; RSA 310-A:17 |
Eng 302.04 (a)
and (c) |
|
Eng 303 |
|
Eng 304 |
|
Eng 305 |
|
Eng 306 |
|
Eng 307 |
|
Eng 308 |
|
Eng 401 |
|
Eng 402 |
|
Eng 403 |
|
Eng 501 |
RSA 310-A:6, I,
(f) |
Eng 502 |
RSA 310-A:23 |