Board Staff Ron Bohannan, PE – Board Chair New Mexico State Board of Licensure for Professional Engineers and Professional Surveyors PO Box 25101 ▪ Santa Fe, New Mexico 87504 Information (505) 476-4565 ▪ Fax (505) 476-4802 www.sblpes.state.nm.us BOARD MEMBERS Ron Bohannan, PE – Board Chair   Augusta Meyers, Public Member – Vice Chair David Cooper, PS – Board Secretary Karl Tonander, PE – PEC Chair Cliff Spirock, PS – PSC Chair Paul Brasher, PE Julie Samora, PE Glen Thurow, PS Dr. Nadir Yilmaz, PE Josh Skarsgard, Esq., Public Member Board Staff  

Mission Purpose SBLPEPS Mission Statement – To regulate the practices of engineering and surveying in the State as they relate to the welfare of the public in safeguarding life, health and property. Purpose of Presentation – Enhance Engineers’ Knowledge of Licensing Laws, Rules & Regulations.

Complying with NM Engineering Act & Administrative Code NM Engineering & Surveying Practice Act Sections 61-23-1 through 61-23-32 NMSA, 1978 [ 2005 edition] Act amended by State Legislature Available for download from: www.sblpes.state.nm.us

Complying with NM Engineering Act & Administrative Code NM Administrative Code Board Rules and Professional Standards Board promulgates Rules and Regulations Title 16, Chapter 39, Parts 1-8 (rules) Title 12, Chapter 8, Part 2 Minimum Standards for Surveying in NM [May affect civil engineers when authorized to perform supplement surveying- 61-23-3 (S)] Available for download from: www.sblpes.state.nm.us

Complying with NM Engineering Act & Administrative Code Uniform Licensing Act Board Disciplinary Proceedings/Licensee’s Rights to Due Process Sections 61-1-1 through 61-1-33 NMSA, 1978 Available for download from: www.sblpes.state.nm.us

Number of Licenses Approximately Number of Licensees: 8,653 (with Interns 14,216) as of October 25, 2016 Active Licenses Number of active PEs: 8,135 In State: 2,108 Out of State: 6,027 Number of active PSs: 498 In State: 258 Out of State: 240 Number of active PEPS: 20 In State: 18 Out of State: 2 Retired Licenses Number of retired PEs: 1,322 In State: 607 Out of State: 715 Number of retired PSs: 135 In State: 81 Out of State: 54 Number of retired PEPS: 142 In State: 94 Out of State: 48

Number of Licenses Certified Interns EI Certificates: 5,182 SI Certificates: 381 NM BLPEPS Budget Information Annual Budget = $839.9 for Fiscal Year 2017 Fee Modification= Reducing License Renewals Fees by $25.00 Biennial renewal fee, engineers = $155.00, biennial renewal fee, surveyor = $155.00, biennial renewal fee, dual licensee = $310.00, biennial penalty to = $155.00, inactive and retired to $0.00, initial licensure fee for 2 years $155.00, initial licensure fee for 1 year = $75.50 www.sblpes.state.nm.us

Rules and Sunset Changes to the New Mexico Administrative Code On March 27, 2015 the Board held a rules hearing to discuss proposed changes to the New Mexico Administrative Code. The Board thoroughly reviewed the rules for over a year. It was their intent to ensure language was cleaned up, that the rules are clear and understandable, and bring the rules up-to-date with the 2012 New Mexico Engineering and Surveying Practice Act. The adopted changes are effective July 1, 2015. Below is a summary of these changes: 16.39.1 NMAC – Professional Engineering and Surveying – General Provisions Agency address change. “Category” and “Branch” definitions added. Language clean-up for sections 8, 12, 15 and 17. Update to the order of business at meetings 16.39.2 NMAC – Continuing Professional Development Definition of Ethics Training Change in the amount of ethics required for licensure renewal. Removal of subscriptions as a PDH credit Language clean-up for section 8. 16.39.3 NMAC – Engineering Licensure, Disciplines, Applications, Exams, Practice, Seal of License and Endorsements Definitions updated. Engineering disciplines updated with Software Engineering and Naval Architecture and Marine Engineering Consideration for other engineering disciplines. Fire Protection discipline section removed. Sections 9 and 10 updated regarding the new procedures for NCEES computer based testing. Section 11, part A updated with the wording ‘accept work’. Modifications to the seal of licensee. Update in Section 13 regarding the requirements for endorsement.

Rules and Sunset Current Sunset Clause 16.39.4 NMAC – Incidental Practice Agency address change Construction value increased to $600,000 16.39.5 NMAC – Surveying – Applications, Examinations, Practice of Surveying, Seal of License Agency address change. Definitions updated. Sections 8 and 9 updated regarding the new procedures for NCEES computer based testing. Section 12, a new section added to provide a history of the endorsement requirements from previous years. 16.39.6 NMAC – NEW – Licensure for Military Service Members, Spouses and Veterans Provides expedited endorsement licensure to military service members, their spouses, and veterans. 16.39.7 NMAC – Misc. – Procedures for Revocation, Suspension, Imposition of Fines, Reissuance of Certificates and Disciplinary Action Language clean up. 16.39.8 NMAC – Code of Professional Conduct – Engineering and Surveying Modifications to the code of professional conduct. Current Sunset Clause The Board will be going through the Sunset Review process: “The state board of licensure for professional engineers and professional surveyors is terminated on July 1, 2017 pursuant to the Sunset Act [12-9-11 NMSA 1978]. The board shall continue to operate according to the provisions of the Engineering and Surveying Practice Act until July 1, 2018. Effective July 1, 2018, the Engineering and Surveying Practice Act is repealed.”   The new language will state that the Board has a recommended extension clause to 2023 and the possibility of removing one board member and adding an additional public member.

PE/ PS License by Reciprocity/ Comity/ Endorsement New Mexico Board of Licensure for Professional Engineers and Professional Surveyors Frequently Asked Questions PE/ PS License by Reciprocity/ Comity/ Endorsement   1. Do my Professional Engineer references have to be from New Mexico? No. 2. On the Abstract of Qualifications, what is responsible experience? Responsible experience means the experience the applicant has earned as a project leader or was in charge of a phase of a project. 3. What is an NCEES Council Record and how do I know if I have one? The NCEES verifies and houses the Record holder's file, which contains the college transcripts, licensure information, professional engineer or surveyor references, and employment verifications. When licensure in additional jurisdictions is needed, a copy of the NCEES Council Record can be transmitted to other licensure authorities with a written release. An NCEES record is not established automatically when an engineering and surveying license is granted. The engineer or land surveyor must initiate the process by making application to the NCEES.

New Mexico Board of Licensure for Professional Engineers and Professional Surveyors Frequently Asked Questions 4. Do I have to fill out the whole application if I have an NCEES Council Record? No. Only fill out Parts 1 and 6, as well as the Abstract of Applicant Statement of Qualifications. Do not forget to read and answer the box above Part 6. 5. Do I request my NCEES Council Record or does your office? It is the responsibility of the applicant to request the NCEES Council Record. 6. What is the turnaround time for an approval on my application? All applications are approved by the respective Professional Committee at their meetings. Once the application is approved, staff will send a letter indicating the decision of the Committee. Depending on the completion of the application, the application deadlines, and the Board meeting it is presented will determine the turnaround time.

New Mexico Board of Licensure for Professional Engineers and Professional Surveyors Frequently Asked Questions Fees 1. If I choose to withdraw my application for any reason, will you refund the fees? All fees are NON-REFUNDABLE.   2. What do I do if I don’t know any Licensed Professional Engineers? I don’t work with any. You may request a waiver from the Board in a written letter explaining your situation. 3. Can I apply for a temporary license? New Mexico does not offer temporary licenses. 4. Do you know who is offering review classes for the FE/PE exam? You may check with the Engineering Departments of the University of New Mexico or New Mexico State University. The National Society of Professional Engineers may offer review classes.

New Mexico Board of Licensure for Professional Engineers and Professional Surveyors Frequently Asked Questions Licensure Renewals 1. I was just licensed, am I exempt from the PDHs? You are exempt for the 1st year. 2. My exemption was up a few months ago, how many PDHs do I need for the remainder of the year? New Licensees are exempt from the professional development requirements for the first 12 months directly following the issuance of license number; PDHs will be prorated for any remaining portion of the licensing period beyond one year: 1.25 x remaining months. (New Licensees: PDHs are only eligible from the date of your initial license to the expiration date.)   3. How often do I have to renew my license and how many PDHs do I need? Every 2 years, each licensee is required to have 30 PDHs, with a minimum of 2 PDHs in ethics, for the biennial renewal period. 4. How many PDH units can be carried over to the next renewal period? The maximum carryover number is 15 PDHs. Ethic hours will not be carried over. 5. Do I need to provide documentation as proof of my PDH units? Do I need to keep track of those or does your office? Documentation is only required during an audit. Per 16.39.2.8 G. of the New Mexico Administrative Code, it is the licensee’s responsibility to maintain all documentation for a period of 3 years. 6. I have been sick and haven’t been able to earn any PDHs what can I do? You may apply for a medical exemption. To do so, please contact this office by phone. 7. Can I earn my hours after I renew? PDHs must be earned within the renewal period prior to renewing the license. 8.  If I don’t want to renew online, is there a form? You can access the renewal form directly from the Board’s website: http://www.sblpes.state.nm.us/license-renewal.aspx

New Mexico Board of Licensure for Professional Engineers and Professional Surveyors Frequently Asked Questions General 1. How do I notify your office of an address change? You may request an address change through the Board’s website at: http://www.sblpes.state.nm.us/address-change.aspx 2. Why do some seals read “Registered Professional Engineer (Professional Surveyor)” and others read “Licensed Professional Engineer (Professional Surveyor)”? Which one is correct? Both are correct. In July 1999 the Board adopted the term “Licensed”.

Complaints and NCA Process The Board has no power to order restitution and does not establish or review costs for professional services. The Board’s compliance officer is available to the public to receive complaints about individuals and to provide general guidance on the activities of the engineering and surveying profession in New Mexico. The complaint is received and reviewed for jurisdiction, completeness, and evidence of a violation. The complaint is assigned a case number if it is deemed appropriate. The Board’s Compliance Officer will send a confirmation letter to the complainant notifying receipt of the complaint. A response from the Respondent(s) will be requested, upon initiating an investigation. The Board’s Investigator will review the complaint for completeness, gathers information and communicates with the appropriate parties to determine what the violation(s) is (are). The Investigator prepares an internal report with a summary of the circumstances of the complaint and the investigation results. The Investigator presents this report to the Boards respective committees: Professional Engineering Committee (PEC) or Professional Surveying Committee (PSC). The PEC and PSC reviews the cases and decides on specific action, be it dismissal or possible sanctions against the individual in accordance with the Board’s Statutes. Investigations are confidential until formal final action is taken by the Board against a respondent, as per the New Mexico Engineering and Surveying Practice Act 61-23-12 B. (5). 

Complaints and NCA Process      Number of complaints in process (See chart of number of complaints) What to do if you need to file a complaint Anonymous – 1. The Board may initiate the complaint based upon the information received, a. The issue with anonymous complaints, is that the evidence and witness testimony is limited. 2. The respondent will respond to the allegations, 3. The investigator will conduct his investigation based upon the information received, 4. The Board will review all the information presented by the Compliance officer and the Investigator, The Board will vote on each individual case.                               Written – The process is the same as the Anonymous, with the exception of knowing who the Complainant is. When filing a complaint, ensure to include as much information/evidence as possible.

REQUIRMENTS ULA TIME Submission of the Record Within 15 days Decision and Order Served on Respondent Within 90 Days Within 30 days – Hearing Officer’s Report Within 60 days - Board Decision Rendered No Sooner than 15 days, No Later than 60 days after service to Respondent Hearing Within 20 days after Respondent’s request for Hearing Notice of Hearing Served on Respondent Within 20 days after NCA served to Respondent Respondent Deposits in Mail a Request for a Hearing Within 2 years Discovery of Violation by the Board NCA Issued NCA Served to Respondent REQUIRMENTS ULA TIME Submission of the Record 11/7/2018 New Mexico SBLPES

Types of Disciplinary Actions Reprimands Probations with Specific Conditions Specific Education, Review of PDH Claims Suspensions Fines Up to $7,500 Costs of Administrative Proceedings Revocations

Complaint Process Close Receipt of Complaint Determination of Purview OPEN Preliminary Investigation Committee Decision Pursue formal Prosecution LICENSEE Board Approval of NCA Notice of Contemplated Action Request of Hearing Disciplinary Hearing Board Action No Purview C O N F I D E N T A L Pursue Informal Agreement Voluntary Compliance Agreement NO NON-LICENSEE Stipulated Agreement Board Approval NO Criminal Prosecution NO YES NO YES Close 11/7/2018 New Mexico SBLPES