1. 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

2. 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.
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New Mexico SBLPES

3. I. Complying with NM Engineering Act & Administrative Code
NM Engineering & Surveying Practice Act
Sections through NMSA, 1978 [2005 edition]
Act amended by State Legislature
Available for download from:
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New Mexico SBLPES

4. 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 –
(S)]
Available for download from:
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5. I. Complying with NM Engineering Act & Administrative Code
Uniform Licensing Act
Board Disciplinary Proceedings/Licensees’ Rights to Due Process
Sections through NMSA, 1978
Available for download from:
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6. 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
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7. 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 (E) – Definition)
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New Mexico SBLPES

8. 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
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9. 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.
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10. Engineering Services/Work Exempted
Incidental Practice by Architects & Engineers
Defined by identical rules and based on construction valuation of project and occupant load
Section (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 (B)
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New Mexico SBLPES

11. 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
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New Mexico SBLPES

12. 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
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New Mexico SBLPES

13. Powers & Duties of the State Board
(NM Engineering & Surveying Practice Act ~ Section )
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
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New Mexico SBLPES

14. 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
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New Mexico SBLPES

15. 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”
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New Mexico SBLPES

16. 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)
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17. 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
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18. Licensure Requirements continued…
NMAC Section (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.
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19. Licensure Requirements Continued…
For Licensure by Comity/Endorsement [ 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 [ 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 [ F]
Submit Formal Application & Documentation
Sign Affidavit Certifying Engineer Did Not Practice on Expired License
Provide Professional Development Hours
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New Mexico SBLPES

20. 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
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21. II. Understanding the NM Procedures for Investigation & Disciplinary Actions
Preferred charges: Fraud, deceit, gross negligence, incompetence or misconduct. [ 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… [ A]
Practiced or Offered to Practice Engineering in NM in Violation of Act [ A. (1)]
Attempted to Use the Certificate of Another [ A (2)]
Given False or Forged Evidence to Board [ A (3)]
Eight Slides here
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22. Grounds for Disciplinary Action Continued…
Falsely Impersonated any Other Licensee
[ A. (4)]
Attempted to Use an Expired, Suspended or Revoked Certificate [ A. (5)]
Falsely Misrepresented as a PE by Claim, Sign, etc.
[ A. (6)]
Violated the Rules of Professional Responsibility
[ A. (7)]
Been Disciplined in Another State [ A. (8)]
Been Convicted of a Felony [ A. (9) & D.]
Procured, Aided or Abetted any Violation of the Act
[ A. (10)]
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23. Procedure for Investigation & Hearing
Practice Act & NM Uniform Licensing Act
[ through and through ]
Filing of Complaints Begins Investigation Under the Practice Act
Charges Must be in Writing & Sworn to by Complainant
[ E]
Complaint Form
Sources of Complaints: Consumer, Government Agency, Prof. Organization, Board Member, or even another Licensee
[ E & G]
Immunity from Civil or Criminal Suits for Persons Filing Charges In Good Faith [ F]
Conduct or Basis of Complaint Must be Within Ten Year Statute of Limitation [ E; ]
Two-year Discovery by the Board [ ; E]
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24. 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
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25. 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 [ E]
Complaint Presented in Closed Meeting
Disposition
Decision Made in Open Meeting
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26. 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
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New Mexico SBLPES

27. Procedure for Investigation & Hearing Continued…
Process Under Uniform Licensing Act
The ULA provides Due Process to Licensee or Applicant [ through 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
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28. 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
[ ]
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New Mexico SBLPES

29. 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
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30. 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
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New Mexico SBLPES

31. 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
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New Mexico SBLPES

32. 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
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New Mexico SBLPES

33. 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
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34. 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 NMAC]
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35. 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
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New Mexico SBLPES

36. Electronic Seals & Signatures
PE/PS Advisory: Signatures/Electronic Signatures
“Subject to the requirements of the Board's rules [ NMAC & 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]
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New Mexico SBLPES

37. 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
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New Mexico SBLPES

38. Contact Information:
Board of Licensure for Professional Engineers and Professional Surveyors
PO Box 25101
Santa Fe, NM 87504
2550 Cerrillos Rd.
Santa Fe, NM
Phone: (505)
Fax: (505)
Executive Director
11/16/2018
New Mexico SBLPES