New Hampshire Administrative Code

(a) If, after reviewing testimony and any other evidence obtained in writing or conferences, the department or department staff involved in the damage prevention program determines that a violation of RSA 374:48-56, or En 800 has occurred, the department or department staff invol…

Within 10 days from receipt of the NOV, the respondent shall either: (a) Sign a consent agreement and remit the civil penalty; or (b) File a request in writing for a hearing before the department. Notes N.H. Admin. Code § En 807.05 Derived from Number 37, Filed September 12, 2024…

(a) The department shall act upon staff's recommendation unless the respondent requests a hearing pursuant to En 807.05(b). (b) Upon receipt of a hearing request under En 807.05(b), the department shall provide the respondent with notice and an opportunity for a hearing, held pur…

(a) If the department or designated department staff within the division of enforcement finds reason to issue an NOV, the department or designated department staff shall determine whether to assess a civil penalty and the amount thereof pursuant to RSA 374:55. (b) In determining …

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 …

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 whoby reason of advanced knowledge of mathematics and the physical sciences, acquired by profess…

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. Not…

The board shall consist of 5 members who meet the eligibility requirements of RSA 310-A:3. Notes N.H. Admin. Code § Eng 103.02 (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

The chairperson shall preside at all meetings. In the absence of the chairperson, the vice-chairperson shall preside. Notes N.H. Admin. Code § Eng 103.03 #6910, eff 12-15-98

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. Notes N.H. Admin. Code § Eng 103.04 #6910, eff 12-15-98 Renumbered by Number 41, Fi…

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 ci…

(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 state…

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…

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 prov…

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 …

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 offic…

(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: (…

The Plc 200 rules shall govern the board of professional engineers with regards to all procedures for: (a) Adjudicatory proceedings; (b) Rulemaking submissions, considerations, and disposition of rulemaking petitions; (c) Public comment hearings; (d) Declaratory rulings; (e) All …

(a) The board shall initiate a waiver of a substantive rule upon its own motion by providing affected parties with notice and opportunity to be heard and issuing an order which finds that waiver would be necessary to advance the purpose of the rules of the board. (b) Individuals …

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…

(a) A person wishing to become licensed as a professional engineer shall submit an application form specified in Eng 302.02, including any fees in accordance with Plc 1002.41. (b) The application for initial licensure shall be processed in accordance with Plc 304.06 through Plc 3…

(a) Each applicant for initial licensure shall:(1) Complete and submit the "Universal Application for Initial Licensure" as required by Plc 304.03; (2) Complete and submit the "Addendum to the Universal application for Initial Licensure" by providing the following information: a.…

Each individual wishing to take the Fundamentals of Engineering Examination administered by the National Council of Examiners for Engineering and Surveying (NCEES) shall apply directly to the NCEES. Notes N.H. Admin. Code § Eng 302.03 #6911, eff 12-15-98; amd by #7468-B, eff 3-24…

All fees applicable to this chapter shall be as described in Plc 1002.41. Notes N.H. Admin. Code § Eng 302.04 #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 Amended by Num…

(a) Candidates for licensure shall meet the requirements established by RSA 310-A:12-19 before a license shall be granted. (b) Qualifications shall be determined as follows:(1) Applicants possessing a 4-year EAC/ABET degree shall have 4 years engineering experience as described i…

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 n…

(a) Each applicant for licensure shall provide 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 eng…

(a) Each professional reference listed on the "Addendum to the Universal Application for Initial Licensure" shall complete the "Professional Reference Form" and the applicant shall complete and submit the form to the OPLC. (b) Each reference shall provide the following on the "Pr…

Applicant's shall provide the names and addresses of additional references if the original information provided by the reference(s) is unclear, incomplete, or contradictory. Notes N.H. Admin. Code § Eng 303.05 #6911, eff 12-15-98; ss by #8190, eff 10-19-04; ss by #10045, eff 1-1-…

(a) The "Principles and Practice of Engineering" national examination shall be held at least annually on dates set by the National Council of Examiners for Engineering and Surveying or its successor organization. (b) All applicants for licensure shall have successfully passed the…

(a) Candidates for licensure who fails the NCEES examination on the initial attempt shall be entitled to re-examination for an additional 2 attempts. If the candidate desires to retake the examination after the initial attempt, they shall submit the "Application to Retake the NCE…

(a) Candidates for licensure who are licensed or registered in another state, provided that the other state's licensure or registration requirements are substantially equivalent to, as defined in Plc 302.28, or higher than those specified in Eng 303.01, Eng 303.02, and Eng 304.01…

(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 professi…

(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 cau…

An applicant for licensure as a professional engineer, who has met satisfactorily all the requirements of RSA 310-A:2-27 and the board's administrative rules, and who has paid all of the fees, shall be issued a license. Notes N.H. Admin. Code § Eng 308.01 #6911, eff 12-15-98; ss …

(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…

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 …

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 conti…

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 a…

(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 sha…

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 app…

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. Notes N.H. Admin. Code § Eng 401.06 #10045, eff 1…

(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 numbe…

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. Notes N.H. Admin. Code § Eng 402.…

(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 receiv…

(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…

(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 disciplina…