State of New Mexico Board of Licensure for Professional Engineers & Professional Surveyors 16 slides here By: Ron Bohannan, PE – Board Chair Perry Valdez, Executive Director 11/16/2018 New Mexico SBLPES

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. 11/16/2018 New Mexico SBLPES

I. 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 11/16/2018 New Mexico SBLPES

I. 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 supplemental surveying – 61-23-3 (S)] Available for download from: www.sblpes.state.nm.us 11/16/2018 4 New Mexico SBLPES

I. Complying with NM Engineering Act & Administrative Code Uniform Licensing Act Board Disciplinary Proceedings/Licensees’ Rights to Due Process Sections 61-1-1 through 61-1-33 NMSA, 1978 Available for download from: www.sblpes.state.nm.us 11/16/2018 5 New Mexico SBLPES

NM Engineering & Surveying Practice Act Definition of Practice of Engineering Powers and Duties of the State Board of Licensure Requirements for Licensing & Renewal Uniform Licensing Act 11/16/2018 New Mexico SBLPES

Definition of the Practice of Engineering Creative or engineering work that requires engineering education, training and experience in the application of special knowledge of the mathematical, physical and engineering sciences to such creative work as consultation, investigation, forensic investigation, evaluation, planning and design of engineering works and systems, expert technical testimony, engineering studies and the review of construction for the purpose of assuring substantial compliance with drawings and specifications;…. (As defined in Section 61-23-3 (E) – Definition) 11/16/2018 New Mexico SBLPES

Practice of Engineering Includes: Providing expert testimony in an engineering field Court-appointed “Expert” may be a problem if not licensed in NM. Board reviews complaints on individual basis 11/16/2018 New Mexico SBLPES

Example of Non-engineering Work (License not Required) A PE licensed in AZ with a client in AZ. Work is to investigate a canal check structure failure with issues involving structural engineering. Work is not being done for any design, product, or improvement that will be constructed or built in N.M., however, Part of the assignment of the AZ PE is to travel to N.M. to obtain evidence or make an inspection for a similar situation, and The results of all the evidence will be used in AZ. 11/16/2018 New Mexico SBLPES

Engineering Services/Work Exempted Incidental Practice by Architects & Engineers Defined by identical rules and based on construction valuation of project and occupant load Section 61-23-22 (A) Engineer employed by a firm, association or corporation who performs only the engineering services involved in the operation of the employer’s business,…provided that neither the employee nor the employer offers engineering services to the public Section 61-23-22 (B) 11/16/2018 New Mexico SBLPES

Not Exempted -- NM PE License Required Employees of engineering firms contracting with federal government are not exempt from the Practice Act Employees of Utility Companies Providing Engineering Services to the Public Employees of Governmental Agencies Providing Services to the Public 11/16/2018 New Mexico SBLPES

Not Exempted -- NM PE License Required Design drawings of equipment designed somewhere else to be installed in New Mexico All engineering work incorporated into a construction drawing package 11/16/2018 New Mexico SBLPES

Powers & Duties of the State Board (NM Engineering & Surveying Practice Act ~ Section 61-23-10 ) Powers & Duties of the Board & Its Engineering & Surveying Committees Structure – Board Consists of Two Separate Professional Committees Full Board (10 Board Members) Oversees Personnel, Finances, and other Administrative Duties Professional Engineering Committee (PEC) Consists of 5 Professional Engineers and 1 Public Member Authorized to Review and Act on Engineering Matters Professional Surveying Committee (PSC) Consists of 3 Professional Surveyors and 1 Public Member Authorized to Review and Act on Surveying Matters Administer the Provisions of the Act Certify the Qualifications of Professional Engineers and Surveyors 2005 provision reinforces Board’s unique authority Hire personnel – Executive Director Power to Adopt, Amend and Enforce all Bylaws and Rules of Procedure Through its PEC, PSC, or as a Board When Pertinent to Both Professions 11/16/2018 New Mexico SBLPES

Powers & Duties of the State Board Continued…. Adopt and Promulgate Through the PEC Rules of Professional Responsibility (standards of practice) Exclusive to Engineering Adopt and Promulgate Through the PSC Rules of Professional Responsibility (standards of practice) Exclusive to Surveying Establish a Joint Engineering and Surveying Standing Committee with the Exclusive Authority Over Practice Disputes Subpoena Witnesses and compel the Production of Books, Papers and Documents in any Disciplinary Action Against a Licensee or a Person Practicing the profession without a License 11/16/2018 New Mexico SBLPES

Powers & Duties of the State Board Continued… Apply for Injunctive Relief to Enforce Act or Restrain Violation of Act Subject Applicants to Examinations to Determine Qualifications Create Enforcement Advisory Committees Provides Immunity to Board Members, Employees, Agents, or Members of an Advisory Committee for Official Acts Done in Good Faith Create a Joint Practices Committee with the Boards for Architects and Landscape Architects Promulgate Identical Rules with the Board of Architects to Define “Incidental Practice” 11/16/2018 New Mexico SBLPES

Requirements for License & License Renewal Licensure Requirements for PE For Initial Licensure Good Moral Character & Reputation Certified Engineer Intern The FE exam may be bypassed based on the following: Having obtained a PhD with 4 years of experience subsequent to the degree. Having obtained an MS with 6 years of experience subsequent to the degree. Having obtained a BS with 12 years of experience subsequent to the degree. Five References (3 PEs and 2 Character References) 11/16/2018 New Mexico SBLPES

Licensure Requirements continued… Education, Experience, Examinations Board-approved Education – ABET-accredited or Equivalent B.S. Engineering or ABET-accredited Eng. Tech Degree Progressive (increasing in responsibility) engineering experience An ABET BS Engineering degree with 4 years of engineering experience An ABET BS Engineering Technology degree with 6 years of engineering experience National NCCES Examinations – FE, FS, and PS exams are now CBT. PE will be CBT in January 2018 11/16/2018 New Mexico SBLPES 17

Licensure Requirements continued… NMAC Section 16.39.3.9 (E) An applicant with an ABET accredited BS Engineering degree with passing the FE exam may take the PE exam after 2 years of engineering experience. An applicant with an ABET accredited BS Engineering Technology degree with passing the FE exam may take the PE exam after 4 years of engineering experience. License may be granted after successfully passing the PE exam, meeting reference requirements and completing the additional years of engineering experience for a total of 4 years for those with an engineering degree and 6 years for those with an engineering technology degree. 11/16/2018 New Mexico SBLPES 18

Licensure Requirements Continued… For Licensure by Comity/Endorsement [61-23-14.1 D (1)] Licensed in Another Jurisdiction (D.C., state, or territory) Met NM Requirements When Initially Licensed Licensed in Another Country Must Meet Current New Mexico Requirements For Expired Licensure [61-23-20 F] License expires if not renewed before the last day of the biennial period. May renew a license by the payment of twice the biennial renewal fee After March 1st the licensee shall submit a formal application. For Reinstatement of a License [61-23-20 F] Submit Formal Application & Documentation Sign Affidavit Certifying Engineer Did Not Practice on Expired License Provide Professional Development Hours 11/16/2018 New Mexico SBLPES

License Renewal Requirements Renew Biennially License Fee - $155.00/Biennial Professional Development Hours (30) Minimum of 2 Hours in Ethics Carryovers 15 PDHs carried over No PDHs of ethics are carried over Affidavit of Completion Possible Yearly Audit Possible Audit Under Disciplinary Action 11/16/2018 New Mexico SBLPES

II. Understanding the NM Procedures for Investigation & Disciplinary Actions Preferred charges: Fraud, deceit, gross negligence, incompetence or misconduct. [61-23-24 E] Grounds for Disciplinary Action The board may suspend, refuse to renew or revoke the certificate of licensure, impose a fine not to exceed five thousand dollars ($7,500), place on probation for a specific period of time with specific conditions or reprimand any professional engineer who is found by the board to have… [61-23-24 A] Practiced or Offered to Practice Engineering in NM in Violation of Act [61-23-24 A. (1)] Attempted to Use the Certificate of Another [61-23-24 A (2)] Given False or Forged Evidence to Board [61-23-24 A (3)] Eight Slides here 11/16/2018 New Mexico SBLPES

Grounds for Disciplinary Action Continued… Falsely Impersonated any Other Licensee [61-23-24 A. (4)] Attempted to Use an Expired, Suspended or Revoked Certificate [61-23-24 A. (5)] Falsely Misrepresented as a PE by Claim, Sign, etc. [61-23-24 A. (6)] Violated the Rules of Professional Responsibility [61-23-24 A. (7)] Been Disciplined in Another State [61-23-24 A. (8)] Been Convicted of a Felony [61-23-24 A. (9) & 16.39.7.9 D.] Procured, Aided or Abetted any Violation of the Act [61-23-24 A. (10)] 11/16/2018 New Mexico SBLPES

Procedure for Investigation & Hearing Practice Act & NM Uniform Licensing Act [61-23-1 through 61-23-32 and 61-1-1 through 61-1-33] Filing of Complaints Begins Investigation Under the Practice Act Charges Must be in Writing & Sworn to by Complainant [61-23-24 E] Complaint Form Sources of Complaints: Consumer, Government Agency, Prof. Organization, Board Member, or even another Licensee [61-23-24 E & G] Immunity from Civil or Criminal Suits for Persons Filing Charges In Good Faith [61-23-24 F] Conduct or Basis of Complaint Must be Within Ten Year Statute of Limitation [61-23-24 E; 61-1-3] Two-year Discovery by the Board [61-1-3.1; 61-23-24 E] 11/16/2018 New Mexico SBLPES

Procedure for Investigation & Hearing Continued… Notification to Respondent Letter to Respondent requiring response to complaint within 20 days. Complaint Exhibits Response Exhibits Investigation Completed by Board Investigator and/or Complaint Manager (contracted and licensed PE\PS) Other law enforcement agencies Subpoena Investigative Report Must be Factual and Free From Bias or Interest Facts – No opinions Names Redacted Point out Alleged Violations 11/16/2018 New Mexico SBLPES

Procedure for Investigation & Hearing Continued… Board Review Charges Unless Dismissed as Unfounded, Trivial, Resolved by Reprimand, or Settled Informally Must be Heard Under the Uniform Licensing Act [61-23-24 E] Complaint Presented in Closed Meeting Disposition Decision Made in Open Meeting 11/16/2018 New Mexico SBLPES 25

Complaint Process Close Stipulated Agreement C O N F I D Receipt of Complaint Determination of Purview Complaint Process 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 Stipulated Agreement Board Approval NON-LICENSEE NO Criminal Prosecution NO YES YES NO Close 11/16/2018 New Mexico SBLPES

Procedure for Investigation & Hearing Continued… Process Under Uniform Licensing Act The ULA provides Due Process to Licensee or Applicant [61-1-1 through 61-1-33 NMSA 1978] Board Files a Notice of Contemplated Action (NCA) on Licensee or Applicant (Respondent) NCA advises Respondent of the Charges, Contemplated Action(s), Right to a hearing before the Board, Right to be Represented by an Attorney or a Member of the Profession, and Deadline to Request Hearing 11/16/2018 New Mexico SBLPES

Process Under ULA continued… Under the ULA Respondent is entitled to: Discovery [61-1-8] Venue [61-1-6] Fair and Impartial Hearing [61-1-8] Appeal the Board’s Decision in District Court [61-1-17] 11/16/2018 New Mexico SBLPES

Process Under ULA continued… Post-hearing Board Must Render a Decision Within Sixty Days of the Preparation of the Record or Submission of the Hearing Officer’s Report, but no Later Than Ninety Days After the Hearing. Respondent has Thirty Days from the Date of Receipt of the Decision to File an Appeal 11/16/2018 New Mexico SBLPES

REQUIRMENTS ULA TIME Submission of the Record Within 2 years 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 11/16/2018 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 11/16/2018 New Mexico SBLPES

Use of Professional Engineer’s Seal Board has Authority Over Authentication of Engineering Documents & Specifications of Seal Engineer’s Responsibility to Obtain a Seal/stamp Which Must Appear on all Design Drawings and Certification Page of all Specifications and Eng. Reports Adjacent to Seal Must be Original Signature and Date Signed Licensee only person who can affix original signature to engineering documents Rubber stamps of signatures are prohibited Twelve slides here; Too many instances of seals given to others 11/16/2018 New Mexico SBLPES

Technical Submissions Set of Drawings for Review [Multiple Disciplines] Seal Only Drawing Under Their Responsible Charge and in Appropriate Disciplines of Practice. Complete all Engineering Work in Accordance to Accepted Engineering Practices 11/16/2018 New Mexico SBLPES

Handbook for Building Officials (Practical Guide) [2016 Edition] C. Use of Seals by Profession 2. Sealing Engineering Work An engineer may only provide engineering services in areas in which he or she is professionally qualified, and shall use qualified engineers or architects for any portion of the work for which the contracting engineer is not qualified. [Regulation 16.39.8.9.2 NMAC] 11/16/2018 New Mexico SBLPES 34

Electronic Seals & Signatures Responsibility of Licensee Secure Software Encrypted Signature Files Some electronic engineering files are considered copies (protected read-only print files) Licensee for own protection should include note to be substituted for the original signature to include: name, license number, date on original document, the location of original plans, and any other information deemed necessary 11/16/2018 New Mexico SBLPES

Electronic Seals & Signatures PE/PS Advisory: Signatures/Electronic Signatures “Subject to the requirements of the Board's rules [16.39.3.12 NMAC & 16.39.5.11 NMAC], a licensee may affix an electronically generated signature and date of signature to documents…” “2. A digital identification that is an electronic authentication process attached to or logically associated with an electronic document. The digital identification must be: a. Unique to the person using it b. Under the sole control of the licensee using it c. Linked to a document in such a manner that the digital identification is invalidated if any data in the document is changed” “Drawings, reports, or documents that are signed using a digital signature, as defined above, shall contain the following: a. Authentication procedure b. A list of the hardware, software, and parameters used to prepare the document(s)” [Approved 11/2/01] 11/16/2018 New Mexico SBLPES

Summary Statement The SBLPEPS primary responsibility is to provide for the protection of life and property by enforcing the Engineering and Surveying Practice Act, the state’s Administrative Code, and industry standards thereby promoting the general welfare of the people of New Mexico 11/16/2018 New Mexico SBLPES

Contact Information: Board of Licensure for Professional Engineers and Professional Surveyors PO Box 25101 Santa Fe, NM 87504 2550 Cerrillos Rd. Santa Fe, NM 87505 Phone: (505) 476-4565 Fax: (505) 476-4802 Perry.valdez@state.nm.us Executive Director www.sblpes.state.nm.us 11/16/2018 New Mexico SBLPES