Legislation Document

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend § 2803, Title 24 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

§ 2803. Definitions.

The following words, terms and phrases, when used in this chapter, shall have the meaning ascribed to them, except where the context clearly indicates a different meaning;

(23) “Permit” shall mean a temporary privilege to practice engineering in the State granted to a qualified individual, corporation, or partnership by the Council.

(24) “Permittee” shall mean an individual, corporation or partnership holding a valid permit from the Association.

Section 2. Amend § 2817, Title 24 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

§ 2817. Requirements for licensure.

The following requirements for the 3 essential components of education, experience, and examination shall be considered as the minimum satisfactory evidence that an applicant is qualified for licensure as a professional engineer:

(1) Graduates from an engineering educational program approved by the Engineering Accreditation Commission (EAC) of ABET, Inc. (formerly the Accreditation Board for Engineering and Technology) , or from an ABET recognized foreign accreditation agency approved educational program.

a. Graduation with a baccalaureate degree from an engineering educational program accredited by the EAC of ABET, Inc. or by a foreign educational program accreditation agency adjudged by ABET to use substantially equivalent accreditation procedures , or an engineering educational program approved by an accrediting agency that is a signatory to the Washington Accord ; and

b. Professional experience in engineering work of a character satisfactory to the Council in the amount of 4 years or more, such experience indicating that the applicant is competent to practice as a professional engineer; and

c. Successful passing of an examination approved by the Council; and

d. Meeting the additional requirements of paragraph (7) of this section.

(2) Graduates from non-EAC of ABET accredited engineering programs, from engineering technology programs or from science programs related to engineering.

a. Graduation with a baccalaureate degree from a Council approved 4-year educational program in engineering that is not EAC of ABET accredited, in engineering technology or in science related to engineering; and

b. Professional experience in engineering work of a character satisfactory to the Council in the amount of 8 years or more, such experience indicating that the applicant is competent to practice as a professional engineer; and

c. Successful passing of an examination approved by the Council; and

d. Meeting the additional requirements of paragraph (7) of this section.

(3) Graduates from non-EAC of ABET accredited engineering programs, from engineering technology programs or from science programs related to engineering who hold master’s degrees in engineering from institutions that offer EAC of ABET-accredited engineering programs, or the equivalent:

b. Professional experience in engineering work of a character satisfactory to the Council in the amount of 5 years or more, such experience indicating that the applicant is competent to practice as a professional engineer; and

c. Successful passing of an examination approved by the Council; and

d. Meeting the additional requirements of paragraph (7) of this section.

(4) Graduates from non-EAC of ABET accredited engineering programs, from engineering technology programs or from science programs related to engineering who hold doctoral degrees in engineering from institutions that offer EAC of ABET-accredited engineering programs, or the equivalent:

c. Successful passing of an examination approved by the Council; and

d. Meeting the additional requirements of paragraph (7) of this section.

(5) Engineering experience and examination. — a. Professional experience in engineering work of a character satisfactory to the Council, consisting of 15 years or more of lawful practice and indicating that the applicant is competent to practice as a professional engineer; and

b. Successful passing of an examination approved by the Council; and

c. Meeting the additional requirements of paragraph (7) of this section.

(6) Comity. — a. The Council may, upon application and payment of the required fee and without further examination, issue a license as a professional engineer to any person holding a current valid certificate of registration or a license as a professional engineer issued to that person by a proper authority of a state, territory, or possession of the United States, the District of Columbia, or a province or territory of Canada, provided the applicant’s certificate or license is in good standing as defined in paragraph (9) of this section, and the applicant’s qualifications meet at least 1 of the following:

1. The professional engineering qualifications of the applicant on the effective date of such certificate of registration or a license would have satisfied the requirements for licensure in this State on that date.

2. The professional engineering qualifications of the applicant at any time subsequent to the effective date of such certificate of registration or a license would have satisfied the requirements for licensure in this State in effect at that time. A personal interview may be required by Council to ascertain the facts in the case.

3. The professional engineering qualifications of the applicant include successful passing of an examination approved by the Council, meeting the additional requirements of paragraph (7) of this section, and having a minimum of 10 years of professional experience work of a character satisfactory to the Council, such experience indicating that the applicant is competent to practice as an engineer. At least 8 years of the applicant’s experience shall have been obtained after the applicant has received the said valid certificate of registration or a license.

4. 3. The professional engineering qualifications of the applicant include a minimum of 10 5 years of continuous and verifiable experience as a professional engineer. The applicant must meet the additional requirements of paragraphs paragraph (7)a. and (9) of this section and must not have been subject to disciplinary action in the current or previous licensing jurisdictions .

4. An applicant holding a valid NCESS Council Record issued by the National Council of Examiners for Engineering and Surveying, whose qualifications meet the requirements of this chapter, may be registered by Council as a professional engineer upon receipt from the National Council of Examiners for Engineering and Surveying of a certified copy of such registration Record.

5. An applicant who has been designated as a “Model Law Engineer” by the National Council of Examiners for Engineering and Surveying. Such person may be issued a license administratively without Council review.

b. A person holding a valid NCEES Council Record issued by the National Council of Examiners for Engineering and Surveying, whose qualifications meet the requirements of this chapter, may be registered by Council as a professional engineer upon receipt from the National Council of Examiners for Engineering and Surveying of a certified copy of such registration Record together with the usual application form and fee from the applicant.

b. The Council may, upon application and payment of the required fee, issue a license as a professional engineer to an applicant who is an International Professional Engineer (IntPE) registrant under the International Engineering Alliance (IEA) International Professional Engineers Agreement (IPEA). The applicant’s IntPE registration must be current and in good standing as defined in paragraph (9) of this section. Such applicant must also have 5 years of experience obtained after receipt of the initial license.

c. If the person who has been licensed in Delaware pursuant to paragraph (6)a. or b. of this section has that person’s license to practice revoked in the state in which the person was registered or licensed at the time licensure in Delaware through comity was sought, then the authorization issued in Delaware shall be automatically revoked followed 30 days’ written notice from the Council unless the person makes application to the Council for consideration for retaining the Delaware authorization and the Council acts favorably on such application.

(7) Additional requirements. — a. Every applicant shall give not less than 5 references, people who state that in their opinion and by their personal knowledge the applicant is qualified to practice as a professional engineer. At least 3 such references shall be registered or licensed professional engineers in this or any other state or territory or possession of the United States, the District of Columbia, or the province or territory of Canada , or an International Professional Engineer (IntPE) registrant under the International Engineering Alliance (IEA). .

b. An applicant, otherwise qualified, shall not be required to be actively practicing the applicant’s profession at the time of the applicant’s application.

c. Every applicant must demonstrate knowledge of the Delaware Professional Engineers Act and the code of ethics to the satisfaction of the Council.

d. The required examination shall consist of a Fundamentals of Engineering examination and a Principles and Practice of Engineering examination furnished by, and scored by, the National Council of Examiners for Engineering and Surveying, or other nationally normed examinations which are approved by the Council.

e. The examination in the Fundamentals of Engineering shall be taken after graduation, except it may be taken by a college or university senior in good academic standing in an educational program leading to a baccalaureate degree in engineering, related science or engineering technology. The Council may permit other students in such programs to take the Fundamentals of Engineering examination prior to graduation.

f. The examination in Principles and Practice of Engineering shall not be taken until after the satisfactory completion of the educational requirements as outlined in paragraphs (1)-(4) of this section or the experience requirements of paragraph (5) of this section. The order in which examinations are taken relative to when an applicant’s professional experience under paragraphs (1)-(4) of this section is acquired shall not be considered.

g. Applicants with 4 failures of the Principles and Practice of Engineering examination may only apply to retake the examination after completing the following:

1. Present 3 new references to the Council, at least 2 of whom must be registered or licensed professional engineers in this or any other state or territory or possession of the United States, the District of Columbia, or any province or territory of Canada, pursuant to paragraph (7)a. of this section; and

2. A. Successful completion of 6 college-level semester credit hours that are preapproved by Council to assure that the courses adequately address the subject matter weaknesses outlined in the diagnostic report resulting from the preceding failure of the Principles and Practice of Engineering Examination. Applicants must provide official transcripts of the courses that were taken demonstrating that a grade of “C minus” or higher was achieved; or

B. Submit such documentation to Council that demonstrates, to Council’s satisfaction, that the applicant has acquired at least 2 years of additional engineering experience, including a brief summary explaining how that experience has better prepared the applicant to pass the examination; or

C. submit such documentation to Council that demonstrates, to Council’s satisfaction, that the applicant has acquired sufficient educational and engineering experience, including a brief summary explaining how that educational and engineering experience has better prepared the applicant to pass the examination.

3. On the fifth and all subsequent attempts, applicants must reapply and meet the requirement stipulated in paragraphs (7)g.1. and 2. of this section above.

(8) Applicants for licensure as a professional engineer shall be exempt from the requirement to pass the Fundamentals of Engineering Examination, if they are qualified as follows:

a. An individual holding an earned doctoral degree in engineering from a university, which has an ABET accredited undergraduate program , accredited by ABET or by an accrediting agency that is a signatory to the Washington Accord, in that discipline at the time that individual earned the doctoral degree, providing that doctoral degree required the passing of a Ph.D. qualifying examination from that university; or,

b. An individual holding a baccalaureate degree from a Council-approved 4-year engineering educational program, who has at least 15 years of professional experience in the lawful practice of engineering of a character satisfactory to the Council, and which indicates that the applicant is competent to practice as a professional engineer.

(9) The Council may refuse an applicant for licensure if the Council finds that the applicant has:

a. Been convicted of a crime that is substantially related to the practice of engineering; or .

b. Misstated or misrepresented a fact in connection with the applicant’s application; or

c. Been found guilty of a violation of this chapter or of the Delaware Association of Professional Engineers’ Code of Ethics; or

d. Engaged in the practice of engineering in this State without being licensed as a professional engineer. Notwithstanding such a finding, the Council may allow licensure of such applicant if the applicant presents to the Council suitable evidence of reform; or

e. Used improper means to gain information usable by the applicant on or in connection with an examination taken by the applicant to obtain licensure as a professional engineer or certification as an engineer intern.

f. Been disciplined by another jurisdiction, state, territory, or possession of the United States, the District of Columbia, foreign country, the United States government, or any other governmental entity, if at least 1 of the grounds for discipline is the same or substantially equivalent to those contained in § 2823 of this chapter; or

g. Voluntarily surrendered an engineering license in order to avoid disciplinary action by another jurisdiction, state, territory, or possession of the United States, the District of Columbia, foreign country, the United States government, or any other governmental entity, if at least 1 of the grounds for discipline is the same or substantially e quivalent to those contained in § 2823 of this Chapter.

(10) Where an application of a person has been refused or rejected, and such applicant feels that the Council has acted without justification, has imposed higher or different standards for that person than for other applicants, or has in some other manner contributed to or caused the failure of such application, the applicant may appeal to the Superior Court.

Section 3. Amend § 2820, Title 24 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

§ 2820. Qualifications for a temporary permit.

(a) Individuals not residing in this State, not having full-time employment in this State, and not having established a place of business for the practice of professional engineering within this State, who are legally qualified by licensure to practice engineering as defined within the chapter in the state, territory or possession of the United States, the District of Columbia, or province or territory of Canada where they reside or are in business, may make application to the Council in writing for a temporary permit and for licensure to practice professional engineering in this State.

(b) An applicant under this section shall submit the following:

(1) Application for temporary permit and the fee established under this chapter;

(2) Proof that the applicant is legally qualified by licensure to practice engineering as defined within the chapter in the state, territory, or possession of the United States, the District of Columbia, or province or territory of Canada where they reside or are in business;

(3) Concurrently with the application for temporary permit, a complete application for professional engineering licensure that meets the requirements of this chapter and the fee established under this chapter.

(c) The temporary permit shall be issued in writing upon authorization of the Council President and be valid for 60 days, which may be extended by the Council President for an additional 60 days for good cause shown. The temporary permit shall terminate upon final determination on the application for professional engineering licensure.

(d) An engineering corporation or partnership may be issued a permit subject to the above limitations, provided that 1 of its officers or partners or 1 of its employees is designated as being in responsible charge of the engineering activities and decisions and holds a valid permit or is licensed under this chapter.

Section 4. Amend § 2828, Title 24 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

(a) The Association, the Council, and its committees shall each be deemed a “public body” as that term is used in the Freedom of Information Act, Chapter 100 of Title 29, and for purposes of this section only, all references to “the Council” shall be understood as referring to the Association and committees as well.

(b) In addition to the records which are not deemed public by reason of § 10002 of Title 29, the following records shall not be deemed to be public records:

(1) The application of any person to practice engineering in the State together with all records relating thereto;

(2) Records, reports, correspondence and other documents received by the Council relating to charges against any person that could lead to disciplinary action by the Council; and

(3) All examination materials and related documents.

(c) In addition to the purpose for which a public body may go into executive session pursuant to the Freedom of Information Act, the Council may conduct an executive session for the following purposes:

(1) Consideration of the application of any person for authorization to practice engineering in the State which consideration involves matters of qualification, recommendations, education, experience or testing of the applicant.

(2) Consideration of any charges which could result in disciplinary action by the Council.

(d) For purposes of this section, the term “application” shall mean any application or filing with the Council for the purpose of obtaining authorization to use the term “engineer,” licensure, a certification of authorization, a temporary permit or certification as an engineer intern.

Section 5. Amend § 2829, Title 24 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

§ 2829 Seals, stamps, and signature.

(a) Each licensee shall obtain an embossing seal of the design authorized by the Council, bearing the licensee’s name, license number and the legend “professional engineer.” Failure of the licensee to substantiate to the Council, within 6 months of the licensee’s application approval date, that such a seal has been procured will result in the licensee being placed by the Council in “delinquent status.”

(a) Each licensee shall obtain a seal of the design authorized by the Council, bearing the licensee’s name, license number, and the legend “professional engineer”. The seal format may be embossing, rubber stamp, or digital. All new licensees must submit proof of their Delaware seal to the Council office no later than 6 months after the licensee’s application approval date, and failure to do so will result in the licensee being placed by the Council in delinquent status.

(b) In addition to the embossing seal required by the foregoing provisions of this section:

(1) Licensees may procure and use a stamp containing the same data as the embossing seal, or

(2) Licensees may use a seal, signature, and date that can be created or transmitted electronically.

Section 6. Amend § 2830, Title 24 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

§ 2830 Dating, signing and sealing.

(a) All final drawings, specifications and documents involving the practice of engineering as defined in this chapter when issued or filed for public record shall be dated and bear the signature and seal of the licensee or licensees who prepared or approved them.

(b) If original tracings are sealed or stamped, the date of sealing or stamping must appear under the signature.

(c) The holder of a temporary permit, using the seal of the State designated by the Council on the permit, shall seal all final drawings, specifications, and documents in accordance with this section. The permittee shall, in addition, write the permittee’s permit number and the permittee’s signature immediately adjacent to the imprint of the seal.