Commerce, Occupational and Professional Licensing

Rule R156-22

Professional Engineers and Professional Land Surveyors Licensing Act Rule

Notice of Proposed Rule

(Amendment)

DAR File No.: 36090
Filed: 04/24/2012 02:39:31 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

This rule filing makes the following amendments: 1) provides needed clarification in regard to applicants for the land surveyor license that have foreign education; 2) makes the requirement to waive the Fundamentals of Engineering (FE) examination more consistent with the education requirement for a professional engineer license; 3) adds passing of an equivalent state written exam as a method of fulfilling the structural engineer exam requirement; and 4) makes minor technical changes. These amendments are proposed at the request of the Professional Engineers and Professional Land Surveyors Licensing Board.

Summary of the rule or change:

Subsection R156-22-302b(2)(d) is added to clarify the education requirement for applicants for the land surveyor license with foreign education. The clarified language mirrors the existing requirement for professional and structural engineers. In Subsection R156-22-302d(1), the current requirements to waive the FE examination include: 1) an undergraduate degree from an Engineering Accreditation Commission/Accreditation Board for Engineering and Technology (EAC/ABET) accredited program; and 2) a PhD or doctorate degree in engineering from an EAC/ABET accredited program. The Professional Engineer and Land Surveyor Licensing Board believes that it is not reasonable to require an undergraduate degree from an EAC/ABET accredited program if an applicant is able to verify that they completed a PhD or doctorate degree in engineering from a program that is accredited by EAC/ABET at the bachelor's level. For this reason, the rule filing removes completion of an undergraduate degree from an EAC/ABET accredited program as a requirement to waive the FE exam requirement. The rule filing also amends the criteria for waiving of the FE exam requirement for applicants who completed a PhD or doctorate degree from a foreign institution if the engineering curriculum is determined by the NCEES Credentials Evaluations to fulfill the required curricular content of the NCEES Engineering Education Standard. In Subsection R156-22-302d(2), the rule currently requires that applicants for the structural engineer license demonstrate passing the National Council of Examiners in Engineering and Surveying Structural Engineering Examination (NCEES SE exam). This requirement is an obstacle to licensure for some structural engineers already licensed in other states who are seeking licensure in Utah because the NCEES SE exam was not administered in some states until 2003. For example, prior to 2003, California used the 16-hour Western States SE exam. For this reason, the Board and Division propose that passing an equivalent 16-hour state written exam be added as a method of fulfilling the structural engineer exam requirement. The Board and Division also propose that passing the NCEES Structural II exam and an equivalent 8-hour written exam be added as a method of fulfilling the exam requirement.

State statutory or constitutional authorization for this rule:

• Section 58-22-101
• Subsection 58-1-106(1)(a)
• Subsection 58-1-202(1)(a)

Anticipated cost or savings to:

the state budget:

The Division will incur minimal costs of approximately $100 to print and distribute the rule once the proposed amendments are made effective. Any costs incurred will be absorbed in the Division's current budget.

local governments:

The proposed amendments only impact professional engineers, professional structural engineers, professional land surveyors and applicants for licensure in those classifications. As a result, the proposed amendments do not apply to local governments.

small businesses:

The proposed amendments only impact professional engineers, professional structural engineers, professional land surveyors and applicants for these licenses. The proposed amendments will create a quicker and cheaper path to licensure for some applicants. For example, current applicants for license by endorsement as a professional structural engineer must demonstrate passing the NCEES SE examination. If applicants for licensure by endorsement qualified for a structural engineer license in California prior to 2003, they would have never taken and passed the NCEES SE exam. Despite having practiced in California for several years, they would be required to take and pass the NCEES SE exam to qualify for a license in Utah. Under this proposed rule amendment, applicants will have a cheaper and quicker path to licensure because their passing of an equivalent examination in California will cause them to avoid having to wait to take and pass the NCEES SE exam. In these cases, some businesses may experience a financial benefit; however; the Division is unable the estimate the extent of the cost savings.

persons other than small businesses, businesses, or local governmental entities:

The proposed amendments only impact professional engineers, professional structural engineers, professional land surveyors, and applicants for these licenses. The proposed amendments will create a quicker and cheaper path to licensure for some applicants. For example, some applicants for license by endorsement from California who passed the 16-hour Western States SE exam will no longer be required to pass the NCEES SE exam. As a result, this group of applicants will not be required to pay the $510 NCEES SE exam application fee. In addition, they will no longer have to cover the cost of preparing for the exam. In these cases, applicants will experience a financial benefit; however; the Division is unable to estimate how many applicants will be impacted by the changes. Some applicants who do not qualify for waiver of the FE exam under the current rule will qualify for an FE exam waiver under the proposed rule. This group of applicants will no longer be required to pay the $125 NCEES FE exam fee. In addition, they will no longer have to cover the cost of preparing for the exam. In these cases, applicants will experience a financial benefit; however; the Division is unable to estimate how many applicants will be impacted by the changes.

Compliance costs for affected persons:

The proposed amendments only impact professional engineers, professional structural engineers, professional land surveyors, and applicants for these licenses. The proposed amendments will create a quicker and cheaper path to licensure for some applicants. For example, some applicants for license by endorsement from California who passed the 16-hour Western States SE exam will no longer be required to pass the NCEES SE exam. As a result, this group of applicants will not be required to pay the $510 NCEES SE exam application fee. In addition, they will no longer have to cover the cost of preparing for the exam. In these cases, applicants will experience a financial benefit; however; the Division is unable to estimate how many applicants will be impacted by the changes. Some applicants who do not qualify for waiver of the FE exam under the current rule will qualify for an FE exam waiver under the proposed rule. This group of applicants will no longer be required to pay the $125 NCEES FE exam fee. In addition, they will no longer have to cover the cost of preparing for the exam. In these cases, applicants will experience a financial benefit; however; the Division is unable to estimate how many applicants will be impacted by the changes.

Comments by the department head on the fiscal impact the rule may have on businesses:

As indicated in the rule summary, this filing's amendment of certain education and examination requirements could make it easier and cheaper for some license applicants to obtain licensure in Utah. That impact cannot be estimated. No impact is anticipated from the remaining technical changes made in this filing.

Francine A. Giani, Executive Director

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Commerce
Occupational and Professional Licensing
HEBER M WELLS BLDG
160 E 300 S
SALT LAKE CITY, UT 84111-2316

Direct questions regarding this rule to:

• Rich Oborn at the above address, by phone at 801-530-6767, by FAX at 801-530-6511, or by Internet E-mail at [email protected]

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

06/14/2012

Interested persons may attend a public hearing regarding this rule:

• 05/16/2012 09:00 AM, Heber Wells Bldg, 160 E 300 S, Conference Room 474, Salt Lake City, UT

This rule may become effective on:

06/21/2012

Authorized by:

Mark Steinagel, Director

R156. Commerce, Occupational and Professional Licensing.

R156-22. Professional Engineers and Professional Land Surveyors Licensing Act Rule.

R156-22-302b. Qualifications for Licensure - Education Requirements.

(1) Education requirements - Professional Engineer and Professional Structural Engineer.

In accordance with Subsections 58-22-302(1)(d) and 58-22-302(2)(d), the engineering program criteria is established as one of the following:

(a) The bachelors or post graduate engineering program shall be accredited by EAC/ABET or the Canadian Engineering Accrediting Board (CEAB).

(b) The post graduate engineering degree, when not accredited by EAC/ABET or CEAB, shall be earned from an institution which offers a bachelors or masters degree in an engineering program accredited by EAC/ABET or CEAB in the same specific engineering discipline as the earned post graduate degree and the applicant is responsible to demonstrate that the combined engineering related coursework taken (both undergraduate and post graduate) included coursework that meets or exceeds the engineering related coursework required for the EAC/ABET accreditation for the bachelor degree program.

(c) If the degree was earned in a foreign country, the engineering curriculum shall be determined by the NCEES Credentials Evaluations, formerly known as the Center for Professional Engineering Education Services (CPEES), to fulfill the required curricular content of the NCEES Engineering Education Standard. Only deficiencies in course work in the humanities, social sciences and liberal arts and no more than five semester hours in math, science or engineering, not to exceed a total of 10 semester hours noted by the credentials evaluation may be satisfied by successfully completing the deficiencies in course work at a recognized college or university approved by the Division in collaboration with the Board. Engineering course work deficiencies must be completed at an EAC/ABET approved program.

(d) A TAC/ABET accredited degree is not acceptable to meet the qualifications for licensure as a professional engineer or a professional structural engineer.

(2) Education requirements - Professional Land Surveyor.

In accordance with Subsection 58-22-302(3)(d), an equivalent land surveying program for licensure as a professional land surveyor is defined as an earned bachelors or higher education degree and completion of a minimum of 30 semester hours or 42 quarter hours of course work in land surveying which shall include the following courses:

(a) A successful completion of a minimum of one course in each of the following content areas:

(i) boundary law;

(ii) writing legal descriptions;

(iii) photogrammetry;

(iv) public land survey system;

(v) studies in land records or land record systems; and

(vi) surveying field techniques[; and].

(b) [t]The remainder of the 30 semester hours or 42 quarter hours may be made up of successful completion of courses from the following content areas:

(i) algebra, calculus, geometry, statistics, trigonometry, not to exceed six semester hours or eight quarter hours;

(ii) control systems;

(iii) drafting, not to exceed six semester hours or eight quarter hours;

(iv) geodesy;

(v) geographic information systems;

(vi) global positioning systems;

(vii) land development; and

(viii) survey instrumentation[;].

(c) [t]The degree and courses shall be completed in an education institution accredited by one of the following:

(i) Middle States Association of Colleges and Schools;

(ii) New England Association of Colleges and Schools;

(iii) North Central Association of Colleges and Schools;

(iv) Northwest Commission on College and Universities;

(v) Southern Association of Colleges and Schools; or

(vi) Western Association of Schools and Colleges.

(d) If the degree was earned in a foreign country, the land surveying curriculum shall be determined by the NCEES Credential Evaluations, formerly known as the Center for Professional Engineering Education Services (CPEES), to fulfill the required curricular content of the NCEES Education Standard. Only deficiencies in course work in the humanities, social sciences and liberal arts and no more than five semester hours in math, science or land surveying, not to exceed a total of 10 semester hours noted by the credential evaluation, may be satisfied by successfully completing the deficiencies in course work at a recognized college or university approved by the Division in collaboration with the Board.

 

R156-22-302d. Qualifications for Licensure - Examination Requirements.

(1) Examination Requirements - Professional Engineer.

(a) In accordance with Subsection 58-22-302(1)(f), the examination requirements for licensure as a professional engineer are defined, clarified or established as the following:

(i) the NCEES FE examination with a passing score as established by the NCEES except that an applicant who has completed one of the following is not required to pass the FE examination:[an undergraduate degree from an EAC/ABET accredited program and has completed]

(A) a Ph.D. or doctorate degree in engineering from an institution that offers EAC/ABET undergraduate programs in the Ph.D. field of engineering[ is not required to pass the FE examination]; or

(B) A Ph.D. or doctorate degree in engineering from a foreign institution if the engineering curriculum is determined by the NCEES Credentials Evaluations, formerly known as the Center for Professional Engineering Education Services (CPEES), to fulfill the required curricular content of the NCEES Engineering Education Standard.

(ii) the NCEES PE examination or the NCEES SE examination with a passing score as established by the NCEES; and

(iii) pass all questions on the open book, take home Utah Law and Rules Examination, which is included as part of the license application form.

(b) If an applicant was approved by the Division of Occupational and Professional Licensing to take the examinations required for licensure as an engineer under prior Utah statutes and rules and did take and pass all examinations required under such prior rules, the prior examinations will be acceptable to qualify for reinstatement of licensure rather than the examinations specified under Subsection R156-22-302d(1)(a).

(c) Prior to submitting an application for pre-approval to sit for the NCEES PE examination, an applicant must have successfully completed three out of the four years of the qualifying experience requirements set forth in Subsection R156-22-302c(1) after having successfully completed the education requirements set forth in Subsection R156-22-302b(1).

(d) The admission criteria to sit for the NCEES FE examination is set forth in Section 58-22-306.

(2) Examination Requirements - Professional Structural Engineer.

(a) In accordance with Subsection 58-22-302(2)(f), the examination requirements for licensure as a professional structural engineer are established as the following:

(i[ii]) as part of the application for license, pass all questions on the open book, take home Utah Law and Rules Examination.

(i i) the NCEES FE examination with a passing score as established by the NCEES;

(ii i) (A) the NCEES SE examination[, and];

(B) prior to April 2011, the NCEES Structural I and Structural II Examinations with a passing score as established by the NCEES;[ and]

(C) prior to January 1, 2004, an equivalent 16-hour state written examination with a passing score; or

(D) the NCEES Structural II exam and an equivalent 8-hour state written examination with a passing score.

(b) Prior to submitting an application for pre-approval to sit for the NCEES SE examination, an applicant must have successfully completed two out of the three years of the experience requirements set forth in Subsection R156-22-302c(3).

(3) Examination Requirements - Professional Land Surveyor.

(a) In accordance with Subsection 58-22-302(3)(e), the examination requirements for licensure as a professional land surveyor are established as the following:

(i) the NCEES FS examination with a passing score as established by the NCEES;

(ii) the NCEES PS examination with a passing score as established by the NCEES; and

(iii) the Utah Local Practice Examination with a passing score of at least 75. An applicant who fails the Utah Local Practice Examination may retake the examination as follows:

(A) no sooner than 30 days following any failure, up to three failures; and

(B) no sooner than six months following any failure thereafter.

(b) Prior to submitting an application for pre-approval to sit for the NCEES PS examination, an applicant must have successfully completed the education requirement set forth in Subsection R156-22-302b(2) and three out of the four years of the qualifying experience requirements set forth in Subsection R156-22-302c(4).

(4) Examination Requirements for Licensure by Endorsement.

In accordance with Subsection 58-22-302(4)(d)(ii), the examination requirements for licensure by endorsement are established as follows:

(a) Professional Engineer: An applicant for licensure as a professional engineer by endorsement shall comply with the examination requirements in Subsection R156-22-302d(1) except that the Board may waive one or more of the following examinations under the following conditions:

(i) the NCEES FE examination for an applicant who is a principal for five of the last seven years preceding the date of the license application and who was not required to pass the NCEES FE examination for initial licensure from the recognized jurisdiction the applicant was originally licensed;

(ii) the NCEES PE examination for an applicant who is a principal for five of the last seven years preceding the date of the license application, who has been licensed for 20 years preceding the date of the license application, and who was not required to pass the NCEES PE examination for initial licensure from the recognized jurisdiction the applicant was originally licensed.

(b) Professional Structural Engineer: An applicant for licensure as a professional structural engineer by endorsement shall comply with the examination requirements in Subsection R156-22-302d(2) except that the Board may waive the NCEES FE examination for an applicant who is a principal for five of the last seven years preceding the date of the license application and who was not required to pass the NCEES FE examination for initial licensure from the recognized jurisdiction the applicant was originally licensed.

(c) Professional Land Surveyor: An applicant for licensure as a professional land surveyor by endorsement shall comply with the examination requirements in Subsection R156-22-302d(3) except that the Board may waive either the NCEES FS examination or the NCEES PS examination or both to an applicant who is a principal for five of the last seven years preceding the date of the license application and who was not required to pass the NCEES FS examination or the NCEES PS examination for initial licensure from the recognized jurisdiction the applicant was originally licensed.

 

KEY: professional land surveyors, professional engineers, professional structural engineers

Date of Enactment or Last Substantive Amendment: [September 8, 2011]2012

Notice of Continuation: November 15, 2007

Authorizing, and Implemented or Interpreted Law: 58-22-101; 58-1-106(1)(a); 58-1-202(1)(a)