Part 5.
STATE BOARD OF DENTAL EXAMINERS
Chapter 104.
CONTINUING EDUCATION
22 TAC §104.2
The State Board of Dental Examiners proposes amendments to §104.2,
Providers of continuing education credit hours. The State Board of Dental
Examiners proposes to amend §104.2 by adding new paragraph (16) Texas
Dental Hygiene Educator's Association to the list of continuing education
providers available to licensees. The remainder of §104.2 shall remain
unchanged with no proposed amendments to the current language.
Dr. James L. Bolton, Interim Executive Director, State Board of Dental
Examiners, has determined for the first five year period the amended rule
is in effect there will be no fiscal implications for local or state government
as a result of enforcing or administering the rule.
Dr. Bolton has determined that for each year of the first five years the
amended rule is in effect, the public benefit anticipated as a result of enforcing
the rule is that there will be an expanded list of educational providers available
for dental professionals to obtain the continuing education required for annual
license renewal.
It is unknown if there will be any fiscal implications for small businesses.
Should such costs be incurred, they will not be of such magnitude to impact
the economic viability of a small business. Therefore the SBDE has determined
that compliance with the proposed amended rule will not have an adverse economic
impact on small business when compared to large businesses, as the cost of
compliance, if any, will be minimal.
Comments on the proposal may be submitted to Mei Ling Clendennen, Assistant
Executive Director, State Board of Dental Examiners, 333 Guadalupe, Tower
3, Suite 800, Austin, Texas 78701, (512-463-6400). To be considered, all written
comments must be received by the State Board of Dental Examiners no later
than 30 days from the date that this amended rule is published in the
The amended rule is proposed under Texas Government Code§2001.021
et seq.; Texas Civil Statutes, the Occupations Code §254.001 which provides
the State Board of Dental Examiners with the authority to adopt and enforce
rules necessary for it to perform its duties, and to ensure compliance with
laws relating to the practice of dentistry, and §257.005 which provides
continuing education requirements for dentists and dental hygienists.
The proposed amended rule does not affect other statutes, articles, or
codes.
§104.2.Providers.
Continuing Education courses endorsed by the following providers will
meet the criteria for acceptable continuing education hours if such hours
are either technical or scientific as related to clinical care and in content
as certified by the following providers:
(1)
American Dental Association--Continuing Education Recognition
Program (CERP);
(2)
American Dental Association, its component, and its constituent
organizations;
(3)
Academy of General Dentistry, and its constituents and
approved sponsors;
(4)
Dental/dental hygiene schools and programs accredited by
the Commission on Dental Accreditation of the American Dental Association;
(5)
American Dental Association approved specialty organizations;
(6)
American Dental Hygienists' Association, its component,
and its constituent organizations;
(7)
American Medical Association approved specialty organizations;
(8)
American Medical Association approved hospital courses;
(9)
National Dental Association, its constituent, and its component
societies;
(10)
National Dental Hygienist's Association, its constituent,
and its component societies;
(11)
Medical schools and programs accredited by the Standards
of the Medical Specialties, the American Medical Association, the Advisory
Board for Osteopathic Specialists and Boards of Certification or the American
Osteopathic Association;
(12)
Western Regional Examining Board;
(13)
American Academy of Dental Hygiene;
(14)
American Dental Education Association;
(15)
American Heart Association;
(16)
Texas Dental Hygiene Educator's
Association
(17)
[
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of
the Secretary of State on June 25, 2002.
TRD-200203981
Dr. James L. Bolton
Interim Executive Director
State Board of Dental Examiners
Earliest possible date of adoption: August 11, 2002
For further information, please call: (512) 463-6400
Chapter 131.
PRACTICE AND PROCEDURE
Subchapter B. APPLICATION FOR LICENSE
22 TAC §131.51
The Texas Board of Professional Engineers proposes to amend §131.51,
relating to Authority. Section 131.51 describes the statutory authority pursuant
to which the board evaluates applications for licensure as a professional
engineer in Texas. It also separately addresses how the board handles applications
from a non-Texas resident who holds a valid license issued by a proper authority
in another public jurisdiction.
The proposed amendment eliminates language permitting non-Texas residents
holding a valid license issued by a proper authority in another public jurisdiction
to apply for licensure; the implication of this language was that non-Texas
residents who are not licensed in another state may not apply for licensure
in Texas. However, the elimination of this language, and its resulting implication,
recognizes that the Texas Engineering Practice Act does not draw a distinction
between or set forth different requirements for licensure for Texas residents
and non-Texas residents. This proposed change is consistent with certain standard
practices set forth in the Sunset Occupational Licensing Model, in which the
Sunset Advisory Commission has observed, at page 7 of the licensing model,
that qualifications for licensure should relate to the practice of the profession
and that residency requirements generally have no bearing on competency to
practice a particular profession. Because the Texas Engineering Practice Act
currently does not distinguish between residents and non-residents for purposes
of determining an applicant's competency or qualifications to be licensed
as a professional engineer, the proposed amendment eliminates this distinction
from the rule.
The proposed amendment also eliminates excess verbiage that is present
in the current rule, thereby making the rule more easily understood by those
who wish to become licensed as professional engineers and by other readers.
David J. Lusk, P.E., Director of Licensing for the board, has determined
that for the first five-year period the section as amended is in effect, there
will be no fiscal implications for local government as a result of enforcing
or administering the section as amended. He believes, however, that there
may be fiscal implications for state government, to the extent that the proposed
amendment eliminates the implied restriction against non-Texas residents who
are not licensed in another state to apply for licensure in Texas. Texas is
currently the only state in the United States that allows an applicant for
licensure to seek a waiver of the Fundamentals of Engineering examination
or the Principles and Practices examination, or both. Therefore, the removal
of the implied residency requirement may result in an increased number of
applicants for licensure as a professional engineer in Texas. Although no
data is available on the number of applicants that might apply, the board
expects that some non-Texas residents may apply through the procedures for
waiver of examinations and thus increase agency and state revenue.
Mr. Lusk has also determined that for each year of the first five years
the section as amended is in effect, the public benefit anticipated as a result
of enforcing and administering the proposed amendment will be that persons
who are interested in becoming licensed as a professional engineer in Texas
will better understand the scope of the board's authority to evaluate applications
for licensure. Mr. Lusk has also determined that, for the same period, there
is no anticipated adverse economic effect on small or micro-businesses, or
anticipated economic cost to persons who are required to comply with the amendment
as proposed.
Comments may be submitted, no later than July 26, 2002, to David J. Lusk,
Director of Licensing, Texas Board of Professional Engineers, 1917 IH 35 South,
Austin, Texas 78741 or faxed to his attention at (512) 442-1414.
The amendment is proposed pursuant to the Texas Engineering Practice
Act, Texas Revised Civil Statutes Annotated article 3271a, §8, which
authorizes the board to make and enforce all rules and regulations and bylaws
consistent with the Act as necessary for the performance of its duties, the
governance of its own proceedings, and the regulation of the practice of engineering
in this state; and pursuant to the Texas Engineering Practice Act, Texas Revised
Civil Statutes Annotated article 3271a, §12, which delegates to the board
the authority to evaluate applications and sets forth the general requirements
for licensure as a professional engineer in Texas.
The following are the statutes, articles, or codes affected by the proposed
amendment:
Section 131.51--Texas Revised Civil Statutes Annotated article 3271a, §8
and §12
§131.51.Authority.
The
board
[
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State on June 28, 2002.
TRD-200204057
Victoria J.L. Hsu, P.E.
Executive Director
Texas Board of Professional Engineers
Earliest possible date of adoption: August 11, 2002
For further information, please call: (512) 440-7723
22 TAC §131.52
The Texas Board of Professional Engineers proposes to amend §131.52,
relating to Applications for a Professional Engineer License. Section 131.52
currently sets forth what must be included as part of a person's application
to the board for licensure as a professional engineer.
The proposed amendment adds language stating that a person must submit
a completed application to the board to be eligible for licensure as a professional
engineer. The proposed amendment also adds language indicating that proficiency
in speaking and writing the English language may be demonstrated by passage
of the Test of English as a Foreign Language (TOEFL) with a written score
of at least 550 or a computer score of at least 200. The proposed amendment
also reflects a change in the name of the Texas Ethics of Engineering Examination
to the Texas Engineering Professional Conduct and Ethics Examination and adds
language requiring that an applicant for licensure submit certain supporting
documentation related to criminal convictions.
The proposed amendment also adds language indicating that the board will
not accept a new or amended application from an applicant once an application
from an applicant once an application from that person has been reviewed and
the board has approved an applicant for licensure subject to passage of an
examination and before a license has been issued or denied. This new language
is proposed to clarify that an applicant cannot have more than one application
before the board at any one time and that, once an application has been reviewed
and approved by the board, an applicant cannot modify his or her application
by seeking a waiver of the examination requirement, for example. The board
currently receives, on a fairly regular basis, such requests for waiver from
applicants whose applications have been reviewed and approved by the board,
and who have taken and failed one or more of the required examinations. The
proposed amendment is intended to reduce the administrative inefficiency that
would result to the board and its staff from re-reviewing an application that
has already been reviewed once. In addition, to satisfy its statutory responsibilities
of ensuring that the public health, safety, and welfare is protected, the
board is of the opinion that once an applicant for licensure has taken and
failed a nationally-recognized competency examination, the applicant must
gain additional experience or education to demonstrate competency in his or
her engineering discipline such that he or she is qualified for a waiver.
The proposed amendment also deletes subsection (h), which currently provides
for certain restrictions and procedures in connection with the board's review
of applications for licensure. Finally, the proposed amendment eliminates
excess verbiage and redundancies that are present in the language of the current
rule, thereby making the rule more easily understood by those who wish to
become licensed as professional engineers and by other readers.
David J. Lusk, P.E., Director of Licensing for the board, has determined
that for the first five-year period the section as amended is in effect, there
will be no fiscal implications for state or local government as a result of
enforcing or administering the section as amended.
Mr. Lusk has also determined that for each year of the first five years
the section as amended is in effect, the public benefit anticipated as a result
of enforcing and administering the proposed amendment will be that persons
who intend to apply or are applying to be licensed as a professional engineer
in Texas will receive more specific guidance regarding what information is
required by the board, thereby reducing the possibility that applicants will
submit incomplete applications and, therefore, allowing the board to evaluate
applications for licensure more thoroughly and in a more timely manner. For
the same period, there is no anticipated adverse economic effect on small
or micro-businesses.
Mr. Lusk has determined that for each of the first five years the section
as amended is in effect, there may be a minimal economic cost to certain persons
who are required to comply with the amendment as proposed; these are applicants
who have received a criminal conviction who do not have all the necessary
documentation regarding their criminal conviction . In such a case, the rule
requires the applicant to obtain such documentation from the courts or other
authorities and, if necessary, if required by that authority to pay a fee
to the authority for the documentation. Mr. Lusk believes that this situation
is likely to arise in only a few instances for each year of the first five
years the section as amended is in effect, and the probable cost of obtaining
the documentation will vary depending on the amount of documentation that
exists and the fee structure of the particular court or other authority from
which the applicant must obtain the information. In most cases, the cost of
obtaining such documentation is estimated to consist of a fee of $25 or less
or nominal charges assessed by the authority to cover its own costs associated
with providing the copies.
Comments may be submitted, no later than July 26, 2002, to David J. Lusk,
Director of Licensing, Texas Board of Professional Engineers, 1917 IH 35 South,
Austin, Texas 78741 or faxed to his attention at (512) 442-1414.
The amendment is proposed pursuant to the Texas Engineering Practice
Act, Texas Revised Civil Statute Annotated article 3271a, §8, which authorizes
the board to make and enforce all rules and regulations and bylaws consistent
with the Act as necessary for the performance of its duties, the governance
of its own proceedings, and the regulation of the practice of engineering
in this state; and pursuant to the Texas Engineering Practice Act, Texas Revised
Civil Statute Annotated article 3271a, §12, which delegates to the board
the authority to evaluate applications and sets forth the general requirements
for licensure as a professional engineer in Texas. The amendment is also proposed
pursuant to Occupations Code §53.021, which authorizes a licensing authority
to deny a person the opportunity to take a licensing examination on the grounds
that the person has been convicted of a felony or misdemeanor that directly
relates to the duties and responsibilities of the licensed occupation; and
pursuant to Occupations Code §53.022 and §53.023, which set forth
the factors a licensing authority is required to consider in determining whether
such an application should be denied.
The following are the statutes, articles, or codes affected by the proposed
amendment:
Section 131.52--Texas Revised Civil Statute Annotated article 3271a, §8
and §12; Occupations Code §§53.021 - 53.023
§131.52.Applications for a Professional Engineer License.
[(a)
The board may issue a license only to
applicants who submit sufficient evidence that they have credentials meeting
the minimum requirements set forth in Texas Engineering Practice Act (Act), §12(a)(1)
or (2).]
(a)
[
(b)
[
(c)
[
(d)
[
(e)
[
(1)
social security number, as required under Texas Family
Code, §231.302;
(2)
supplementary experience record;
(3)
official transcript(s) of qualifying degree(s);
(4)
[
(5)
current application fee;
(6)
verification of examination(s);
(7)
verification of a current license, if applicable;
(8)
[
(9)
scores of TOEFL and TSE, if applicable;
(10)
a commercial evaluation of a non-accredited degree;
(11)
a
statement describing criminal convictions,
if any
, together with copies of any court orders or other legal documentation
concerning the criminal charges and the resolution of those charges;
(12)
written requests for waivers, if applicable.
(f)
[
(1)
(AGR) agricultural (NCEES);
(2)
(CHE) chemical (NCEES);
(3)
(CIV) civil (NCEES);
(4)
(CSE) control systems (NCEES);
(5)
(ELE) electrical, electronic, computer, communications
(NCEES);
(6)
(ENV) environmental (NCEES);
(7)
(FIR) fire protection (NCEES);
(8)
(IND) industrial (NCEES);
(9)
(MEC) mechanical (NCEES);
(10)
(MIN) mining/mineral (NCEES);
(11)
(MET) metallurgical (NCEES);
(12)
(MAN) manufacturing (NCEES);
(13)
(NUC) nuclear (NCEES);
(14)
(PET) petroleum (NCEES);
(15)
(SDE) naval architecture/marine engineering (NCEES);
(16)
(STR) structural (NCEES);
(17)
(A/A) aeronautical/aerospace;
(18)
(BIO) biomedical;
(19)
(CRM) ceramic;
(20)
(ESG) engineering sciences/general;
(21)
(GEO) geological;
(22)
(OCE) ocean;
(23)
(TEX) textile;
(24)
(SAN) sanitary;
(25)
(SWE) software;
(26)
(BAR) [
(27)
(OTH) other.
[(h)
Applications shall be accepted for processing
on the date the application and fee are received. Applicants shall be notified
by the board at the earliest possible opportunity of deficiencies found during
initial review of their application. Applications shall be held no more than
forty-five (45) days from the date of notification for applicants to correct
those deficiencies. Failure to correct the deficiencies may be cause for administrative
withdrawal of the application. Upon request of the applicant, thirty-day (30)
extensions may be granted by the executive director for submitting deficient
information.]
(g)
[
(h)
Once an application has been reviewed
and the board has approved an applicant for licensure subject to passage of
an examination, and before a license has been issued or denied, the board
will not accept a new or amended application from the applicant. This does
not prohibit the executive director, a board member, or the board from requesting,
when they deem necessary, additional information from an applicant regarding
his or her application.
(i)
[
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State on June 28, 2002.
TRD-200204058
Victoria J.L. Hsu, P.E.
Executive Director
Texas Board of Professional Engineers
Earliest possible date of adoption: August 11, 2002
For further information, please call: (512) 440-7723
22 TAC §131.53
The Texas Board of Professional Engineers proposes to amend §131.53,
relating to Applications--General. Section 131.53 currently describes certain
procedural aspects of the board's evaluation of applications for licensure
as a professional engineer in Texas and permits applicants to request that
certain previously submitted information be reviewed by the board in connection
with their application. The proposed amendment adds a subsection (f), which
is currently in §131.55 of this title (concerning Certification of Qualifications),
a section that is being proposed for repeal concurrently with this proposed
amendment. Subsection (f) allows a certification from the National Council
of Examiners for Engineering and Surveying to be accepted as verification
of an original transcript from a U.S. school, to verify licenses held or examinations
taken by an applicant, or for other purposes as determined appropriate by
the board's executive director on a case-by-case basis. The proposed amendment
also makes several minor grammatical corrections to subsection (a) of the
rule.
David J. Lusk, P.E., Director of Licensing for the board, has determined
that for the first five-year period the section as amended is in effect, there
will be no fiscal implications for state or local government as a result of
enforcing or administering the section as amended.
Mr. Lusk has also determined that for each year of the first five years
the section as amended is in effect, the public benefit anticipated as a result
of enforcing and administering the proposed amendment will be to afford applicants
and the general public a more clearly understandable application process for
licensure as a professional engineer. For the same period, Mr. Lusk has determined
that there is no anticipated adverse economic effect on small or micro-businesses,
or anticipated economic cost to persons who are required to comply with the
amendment as proposed.
Comments may be submitted, no later than July 26, 2002, to David J. Lusk,
Director of Licensing, Texas Board of Professional Engineers, 1917 IH 35 South,
Austin, Texas 78741 or faxed to his attention at (512) 442-1414.
The amendment is proposed pursuant to the Texas Engineering Practice
Act, Texas Revised Civil Statutes Annotated article 3271a, §8, which
authorizes the board to make and enforce all rules and regulations and bylaws
consistent with the Act as necessary for the performance of its duties, the
governance of its own proceedings, and the regulation of the practice of engineering
in this state; and pursuant to the Texas Engineering Practice Act, Texas Revised
Civil Statutes Annotated article 3271a, §12, which delegates to the board
the authority to evaluate applications and sets forth the general requirements
for licensure as a professional engineer in Texas.
The following are the statutes, articles, or codes affected by the proposed
amendment:
Section 131.53--Texas Revised Civil Statutes Annotated article 3271a, §8
and §12
§131.53.Applications--General.
(a)
Upon receipt of applications at the board office in Austin,
Texas, the board shall initiate a review of the credentials submitted. Applicants
shall be either approved or non-approved to take the Principles and Practice
of Engineering examination[
(b) - (e)
(No change.)
(f)
The National Council of Examiners for
Engineering and Surveying certifications may be accepted as verification of
an original transcript from a U.S. school, or to verify licenses held, or
to verify examinations taken. Other uses of the certification may be granted
by the executive director on a case-by-case basis.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State on June 28, 2002.
TRD-200204059
Victoria J.L. Hsu, P.E.
Executive Director
Texas Board of Professional Engineers
Earliest possible date of adoption: August 11, 2002
For further information, please call: (512) 440-7723
22 TAC §131.54
The Texas Board of Professional Engineers proposes to amend §131.54,
relating to Applications from Former Texas License Holders. Section 131.54
currently sets forth the board's requirements for applications for licensure
as a professional engineer in Texas by persons who were previously licensed
by the board but whose original license has been expired for two or more years.
The proposed amendment removes the requirement that an applicant provide
a supplementary experience record for all employment engagements from the
date the license expired, but retains the requirement that the applicant provide
such information for at least the last four years of engineering experience
to meet the minimum requirements of the Texas Engineering Practice Act and
adds language that permits the engineering experience to include experience
gained by the applicant before the previous license expired. The proposed
amendment also eliminates language requiring an applicant to submit references
that conform to the requirements of §131.81(a)(3) of this title (relating
to Experience Evaluation) and §131.101(g) of this title (relating to
Engineering Examinations required for a License to Practice as a Professional
Engineer); this is because all requirements for references are being consolidated
into one rule, §131.71 of this title (relating to References), pursuant
to other rule changes being proposed concurrently with this proposed amendment.
Finally, the proposed amendment reflects a change in the name of the Texas
Ethics Examination to the Texas Professional Conduct and Ethics Examination.
David J. Lusk, P.E., Director of Licensing for the board, has determined
that for the first five-year period the section as amended is in effect, there
will be no fiscal implications for state or local government as a result of
enforcing or administering the section as amended.
Mr. Lusk has also determined that for each year of the first five years
the section as amended is in effect, the public benefit anticipated as a result
of enforcing and administering the proposed amendment will be a more clear
and efficient application process for individuals who were previously licensed
by the board but whose licenses have been expired for two or more years. Another
public benefit is greater consistency and harmony among the board's rules.
Mr. Lusk has also determined, for the same period, there is no anticipated
adverse economic effect on small or micro-businesses, or anticipated economic
cost to persons who are required to comply with the amendment as proposed.
Comments may be submitted, no later than July 26, 2002, to David J. Lusk,
Director of Licensing, Texas Board of Professional Engineers, 1917 IH 35 South,
Austin, Texas 78741 or faxed to his attention at (512) 442-1414.
The amendment is proposed pursuant to the Texas Engineering Practice
Act, Texas Revised Civil Statutes Annotated article 3271a, §8, which
authorizes the board to make and enforce all rules and regulations and bylaws
consistent with the Act as necessary for the performance of its duties, the
governance of its own proceedings, and the regulation of the practice of engineering
in this state; and pursuant to the Texas Engineering Practice Act, Texas Revised
Civil Statutes Annotated article 3271a, §12, which delegates to the board
the authority to evaluate applications and sets forth the general requirements
for licensure as a professional engineer in Texas.
The following are the statutes, articles, or codes affected by the proposed
amendment:
Section 131.54--Texas Revised Civil Statutes Annotated article 3271a, §8
and §12
§131.54.Applications from Former Texas License Holders.
(a)
(No change.)
(b)
The applicant shall:
(1) - (2)
(No change.)
(3)
provide a supplementary experience record for [
(4)
provide
references
[
(5) - (6)
(No change.)
(7)
pass the Texas
Engineering Professional Conduct and
Ethics [
(c) - (d)
(No change.)
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State on June 28, 2002.
TRD-200204060
Victoria J.L. Hsu, P.E.
Executive Director
Texas Board of Professional Engineers
Earliest possible date of adoption: August 11, 2002
For further information, please call: (512) 440-7723
22 TAC §131.55
(Editor's note: The text of the following section proposed for
repeal will not be published. The section may be examined in the offices of
the Texas Board of Professional Engineers or in the Texas Register office,
Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
The Texas Board of Professional Engineers proposes
to repeal §131.55, relating to Certification of Qualifications. Section
131.55 currently provides that a certification from the National Council of
Examiners for Engineering and Surveying (NCEES) to be accepted as verification
of an original transcript from a U.S. school, to verify licenses held or examinations
taken by an applicant, or for other purposes as determined appropriate by
the board's executive director on a case-by-case basis.
The proposed repeal does not eliminate an applicant's ability to rely on
the NCEES certification for verifying certain information; instead, this provision
is being moved to §131.53 of this title, concerning Applications--General,
as part of an amendment to that rule that is proposed concurrently with this
proposed repeal, so that it will be in a more relevant place within the board's
rules.
David J. Lusk, P.E., Director of Licensing for the board, has determined
that for the first five-year period the repeal is in effect, there will be
no fiscal implications for state or local government as a result of enforcing
or administering the repeal.
Mr. Lusk has also determined that for each year of the first five years
the repeal is in effect, the public benefit anticipated as a result of enforcing
and administering the repeal will be a a more clear organization of the board's
rules; by moving the NCEES certification provision to §131.53 of this
title, concerning Applications--General, the proposed repeal and corresponding
amendment to the other section will place all general requirements of applicants
in one rule, allowing potential licensees and the general public to more quickly
and easily understand the board's requirements of applicants for licensure.
Mr. Lusk has also determined that, for the same period, there is no anticipated
adverse economic effect on small or micro-businesses as a result of the repeal,
and because there will be no requirement to comply with the repealed section,
there is no anticipated economic cost to persons as a result of the repeal.
Comments may be submitted, no later than July 26, 2002, to David J. Lusk,
Director of Licensing, Texas Board of Professional Engineers, 1917 IH 35 South,
Austin, Texas 78741 or faxed to his attention at (512) 442-1414.
The repeal is proposed pursuant to the Texas Engineering Practice
Act, Texas Revised Civil Statutes Annotated article 3271a, §8, which
authorizes the board to make and enforce all rules and regulations and bylaws
consistent with the Act as necessary for the performance of its duties, the
governance of its own proceedings, and the regulation of the practice of engineering
in this state; and pursuant to the Texas Engineering Practice Act, Texas Revised
Civil Statutes Annotated article 3271a, §12, which delegates to the board
the authority to evaluate applications and sets forth the general requirements
for licensure as a professional engineer in Texas.
The following are the statutes, articles, or codes affected by the proposed
repeal:
Section 131.55--Texas Revised Civil Statutes Annotated article 3271a, §8
and §12
§131.55.Certification of Qualifications.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of
the Secretary of State on June 28, 2002.
TRD-200204061
Victoria J.L. Hsu, P.E.
Executive Director
Texas Board of Professional Engineers
Earliest possible date of adoption: August 11, 2002
For further information, please call: (512) 440-7723
22 TAC §131.55
The Texas Board of Professional Engineers proposes new §131.55,
relating to Applications from Engineering Educators. The proposed new section
sets forth the minimum qualifications, and an alternate application procedure,
for licensure as an engineering educator. The proposed new section permits
those who instruct engineering courses to seek licensure utilizing the alternate
application process but specifically provides, in subsection (c), that it
does not prohibit an engineering educator from applying for licensure utilizing
the standard application process. This alternate procedure allows certain
persons who have earned a doctoral degree in engineering or other related
field of science or mathematics who began teaching engineering prior to September
1, 2001, to apply for licensure using an alternate application form; to provide
the board with a resume or curriculum vitae in lieu of a supplementary experience
report unless the applicant is a non-tenured faculty member; to seek waiver
of the Fundamentals of Engineering Examination and/or the Principles and Practices
Examination under certain circumstances, as described in the rule; and to
submit reference statements or letters of recommendation from five individuals,
three of whom must be professional engineers and can be other engineering
educators or professional engineers from outside academia.
David J. Lusk, P.E., Director of Licensing for the board, has determined
that for the first five-year period the new section is in effect, there will
be no fiscal implications for local government as a result of enforcing or
administering the new section as proposed. However, he believes there may
be an increase in revenue to the state due to an increase in the number of
applicants under the alternate process provided for by the rule as proposed.
No specific data is available to determine an estimated amount of increased
state revenue that may result from enforcing or administering the new section.
Mr. Lusk has also determined that for each year of the first five years
the new section is in effect, the public benefit anticipated as a result of
enforcing and administering the proposed new section will be to encourage
engineering educators to apply for licensure and use existing tenure-supporting
documentation to fulfill the application documentation requirements in lieu
of the supplementary experience record normally required of applicants. Mr.
Lusk has also determined that, for the same period, there is no anticipated
adverse economic effect on small or micro-businesses, or anticipated economic
cost to persons who are required to comply with the new section as proposed.
Comments may be submitted, no later than July 26, 2002, to David J. Lusk,
Director of Licensing, Texas Board of Professional Engineers, 1917 IH 35 South,
Austin, Texas 78741 or faxed to his attention at (512) 442-1414.
The new section is proposed pursuant to the Texas Engineering
Practice Act, Texas Revised Civil Statutes Annotated article 3271a, §8,
which authorizes the board to make and enforce all rules and regulations and
bylaws consistent with the Act as necessary for the performance of its duties,
the governance of its own proceedings, and the regulation of the practice
of engineering in this state; and pursuant to the Texas Engineering Practice
Act, Texas Revised Civil Statutes Annotated article 3271a, §12, which
sets forth the general requirements for licensure as a professional engineer
in Texas and delegates to the board the authority to evaluate applications
and to adopt rules providing for the waiver of all or part of the examination
requirement under the Texas Engineering Practice Act.
The following are the statutes, articles, or codes affected by the proposed
new rule:
Section 131.55--Texas Revised Civil Statutes Annotated article 3271a, §8
and §12
§131.55.Applications from Engineering Educators.
(a)
Persons who are engineering educators instructing engineering
courses in an institution of higher education or a private or independent
institution of higher education, as defined in the Education Code §61.003,
and who began teaching engineering prior to September 1, 2001, are permitted
to seek licensure utilizing an alternate application. The minimum qualifications
are as follows:
(1)
Earned doctoral degree in:
(A)
engineering from a college or university that offers an
undergraduate or master's degree program in a related branch of engineering
that is approved by the Engineering Accreditation Commission of the Accreditation
Board for Engineering and Technology, United States (EAC/ABET) as published
in the 2001 ABET Accreditation Yearbook and the 2001 ABET International Yearbook
or as published in the yearbook applicable to a previous year in which the
applicant graduated; or
(B)
engineering or another related field of science or mathematics
assessed and approved by the board;
(2)
To request waiver of the examination(s), must have at least
six years of:
(A)
teaching experience in an EAC/ABET-approved program, or
(B)
other acceptable, creditable engineering experience, including,
but not limited to, scholarly activity such as publishing papers in technical
and professional journals; making technical and professional presentations;
publishing books and monographs; performing sponsored research; reporting
on research conducted for sponsors; supervising research of undergraduate
and graduate students, postdoctoral fellows, or other employees; providing
counseling, guidance, and advisement for engineering students; and performing
certain other types of formal or informal functions in higher education; or
(C)
a combination of teaching and acceptable, creditable engineering
experience.
(b)
An alternate application for engineering educators shall
consist of the following elements:
(1)
Alternate application form;
(2)
Supplementary Experience Report:
(A)
For the faculty approved for promotion or tenure through
the Dean of Engineering office level, submit a dossier (comprehensive résumé
or curriculum vitae) prepared for tenure and/or promotion consideration, OR,
for tenured faculty, current résumé containing educational experience,
engineering courses taught, and description of research and scholarly activities
in lieu of the Supplementary Experience Record;
(B)
For non-tenured faculty, a standard supplementary experience
record with courses taught and/or other engineering experience shall be submitted.
(3)
Reference statements or letters from five individuals,
of whom, three must be currently licensed professional engineers who have
personal knowledge of the applicant's teaching and/or other creditable engineering
experience. A reference provider may, in lieu of the reference statement,
submit a letter of recommendation that, at a minimum, testifies to the credentials
and abilities of the educator. The reference statements or letters of recommendation
can be from colleagues within the department, college, or university; from
colleagues from another university; or professional engineers from outside
academia;
(4)
College/ university transcripts;
(5)
A completed Texas Professional Conduct and Ethics Examination;
(6)
Current fee for licensure;
(7)
Written request for waiver of the Fundamentals of Engineering
and/or Principles and Practices examination(s), if applicable.
(c)
This section does not prohibit an engineering educator
from applying for licensure under the standard application process.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State on June 28, 2002.
TRD-200204062
Victoria J.L. Hsu, P.E.
Executive Director
Texas Board of Professional Engineers
Earliest possible date of adoption: August 11, 2002
For further information, please call: (512) 440-7723
22 TAC §131.71
The Texas Board of Professional Engineers proposes to amend §131.71,
relating to References. Section 131.71 requires applicants for licensure as
a professional engineer in Texas to submit references to verify character
suitability for licensure and all engineering experience claimed by the applicant
to meet the minimum years of experience required by the Texas Engineering
Practice Act. Section 131.71 also describes the procedures followed by the
board and sets forth certain requirements of references that are provided
in connection with applications for licensure. The proposed amendment sets
forth these procedures in a more clear and direct fashion, making the rule
more easily understood by those who wish to become licensed as professional
engineers and by other readers.
David J. Lusk, P.E., Director of Licensing for the board, has determined
that for the first five-year period the section as amended is in effect, there
will be no fiscal implications for state or local government as a result of
enforcing or administering the section as amended.
Mr. Lusk has also determined that for each year of the first five years
the section as amended is in effect, the public benefit anticipated as a result
of enforcing and administering the proposed amendment will be that the board's
procedures and reference requirements will be more easily understood by those
who wish to apply for licensure and by other readers. Mr. Lusk has also determined
that, for the same period, there is no anticipated adverse economic effect
on small or micro-businesses, or anticipated economic cost to persons who
are required to comply with the amendment as proposed.
Comments may be submitted, no later than July 26, 2002, to David J. Lusk,
Director of Licensing, Texas Board of Professional Engineers, 1917 IH 35 South,
Austin, Texas 78741 or faxed to his attention at (512) 442-1414.
The amendment is proposed pursuant to the Texas Engineering Practice
Act, Texas Revised Civil Statutes Annotated article 3271a, §8, which
authorizes the board to make and enforce all rules and regulations and bylaws
consistent with the Act as necessary for the performance of its duties, the
governance of its own proceedings, and the regulation of the practice of engineering
in this state; and pursuant to the Texas Engineering Practice Act, Texas Revised
Civil Statutes Annotated article 3271a, §12, which delegates to the board
the authority to evaluate applications and sets forth the general requirements
for licensure as a professional engineer in Texas.
The following are the statutes, articles, or codes affected by the proposed
amendment:
Section 131.71--Texas Revised Civil Statutes Annotated article 3271a, §8
and §12
§131.71.References.
(a)
Applicants
for licensure
shall provide references
to verify
character suitability for licensure and
all engineering
experience claimed to meet the minimum years of experience required [
(1)
Standard Licensure Procedure. Applicants
applying under §12(a)(1) or (2) of the Act, including those applicants
licensed in another jurisdiction or previously licensed in Texas, shall provide
at least five references. At least three of these references shall be from
currently licensed professional engineers who have personal knowledge of the
applicant's character and engineering experience and shall review all or the
applicable portions of the applicant's supplementary experience record and
complete the reference statement in full.
(2)
Waiver of Examinations Procedure. Applicants
requesting a waiver from the Fundamentals of Engineering or Principles and
Practice of Engineering examinations and who have never been licensed in any
jurisdiction shall provide nine references. At least five of these references
shall be from currently licensed professional engineers who have personal
knowledge of the applicant's character and engineering experience and shall
review all or the applicable portions of the applicant's supplementary experience
record and complete the reference statement in full.
(b)
[
(c)
All references shall be
provided by
individuals
with personal knowledge of the applicant's character, reputation, and general
suitability for holding a license. If possible, references should
be
provided by
[
(d)
Professional engineers who provide reference statements
and who are licensed in a jurisdiction other than Texas shall include a copy
of their pocket card or other verification to indicate that their license
is current and valid.
(e)
Professional engineers who provide references shall
not be compensated.
[
(f)
References on file with the board from
previous applications may be used upon written request of the applicant and
with the approval of the executive director.
(g)
The board members and staff may, at their
discretion, rely on any, all, or none of the references provided in connection
with an application for licensure.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State on June 28, 2002.
TRD-200204063
Victoria J.L. Hsu, P.E.
Executive Director
Texas Board of Professional Engineers
Earliest possible date of adoption: August 11, 2002
For further information, please call: (512) 440-7723
22 TAC §131.72
The Texas Board of Professional Engineers proposes to amend §131.72,
relating to Reference Statements. Section 131.72 describes the manner in which
reference statements provided in connection with an application for licensure
as a professional engineer should be completed, sealed, and returned to the
board. The proposed amendment re-states most of the current rule's requirements
in a more logical and understandable fashion and addresses reference statements
separately depending on whether the reference is to verify character or engineering
experience. The proposed amendment also adds a new subsection (f), which states
that secured reference envelopes shall be submitted to the board by either
the applicant or by the reference provider. This provides greater flexibility
to applicants for licensure to arrange for the submission of reference statements
to the board in a manner that is most convenient for the applicant and for
reference providers.
David J. Lusk, P.E., Director of Licensing for the board, has determined
that for the first five-year period the amendment is in effect, there will
be no fiscal implications for state or local government as a result of enforcing
or administering the amendment as proposed.
Mr. Lusk has also determined that for each year of the first five years
the section as amended is in effect, the public benefit anticipated as a result
of enforcing and administering the proposed new section will be to assist
applicants for licensure and individuals who provide references on their behalf
to better understand the board's requirements for completion and submission
of references to the board. In addition, applicants and their reference providers
will be afforded greater flexibility in meeting these requirements due to
the relaxation of the board's requirements regarding who may submit the references
to the board. Mr. Lusk has also determined that, for the same period, there
is no anticipated adverse economic effect on small or micro-businesses, or
anticipated economic cost to persons who are required to comply with the amendment
as proposed.
Comments may be submitted, no later than July 26, 2002, to David J. Lusk,
Director of Licensing, Texas Board of Professional Engineers, 1917 IH 35 South,
Austin, Texas 78741 or faxed to his attention at (512) 442-1414.
The amendment is proposed pursuant to the Texas Engineering Practice
Act, Texas Revised Civil Statutes Annotated article 3271a, §8, which
authorizes the board to make and enforce all rules and regulations and bylaws
consistent with the Act as necessary for the performance of its duties, the
governance of its own proceedings, and the regulation of the practice of engineering
in this state; and pursuant to the Texas Engineering Practice Act, Texas Revised
Civil Statutes Annotated article 3271a, §12, which sets forth the general
requirements for licensure as a professional engineer in Texas and delegates
to the board the authority to evaluate applications for licensure as well
as the responsibility to determine whether applicants have the requisite number
of years of active practice in engineering work, whether the applicant's engineering
experience is of a character that is satisfactory to the board, and whether
the applicant is of good character and reputation.
The following are the statutes, articles, or codes affected by the proposed
amendment:
Section 131.72--Texas Revised Civil Statutes Annotated article 3271a, §8
and §12
§131.72.Reference Statements.
(a)
The applicant shall send the board's reference statement
form and a complete copy of the applicable portion(s) of the supplementary
experience record to each reference.
(b)
Persons providing
[
(1)
review and evaluate all applicable portions of the
supplementary experience record(s); and
[
(2)
accurately complete the reference statement certifying
agreement or disagreement with the information written by the applicant.
[
[(3)
signify agreement or disagreement with
the information written by the applicant and add any comments or concerns
on the reference statement.]
(c)
The reference provider shall submit to the board both
the reference statement and the supplemental experience record. If the reference
provider is in disagreement with or has comments or clarification to the information
provided by the applicant, the reference provider may submit comments or concerns
to the board with the completed reference statement.
[
(d)
Persons providing references that verify character
only shall complete only those portions of the reference statement that are
applicable.
[
(e)
For any reference statement to meet the
requirements of the board, the reference statement must be secured. For a
reference statement to be considered secure, the reference provider shall:
(1)
place the completed reference statement and, if applicable,
supplementary experience record in an envelope;
(2)
seal the flap of the envelope;
(3)
after sealing the envelope, the reference shall sign across
the sealing edge of the flap of the envelope and cover the signature with
transparent tape; and
(4)
the reference shall return the sealed envelope to the applicant
or transmit the documents directly to the board.
(f)
Secured reference envelopes shall be submitted
to the board by applicant or reference provider.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State on June 28, 2002.
TRD-200204064
Victoria J.L. Hsu, P.E.
Executive Director
Texas Board of Professional Engineers
Earliest possible date of adoption: August 11, 2002
For further information, please call: (512) 440-7723
22 TAC §131.81
The Texas Board of Professional Engineers proposes to amend §131.81,
relating to Experience Evaluation. Section 131.81 currently describes the
information documenting engineering experience that is required of an applicant
for licensure as a professional engineer in Texas and the board's procedures
and criteria for evaluating such information. The proposed amendment reorganizes
some of this information in a more logical, readable, and grammatically correct
fashion, and adds the requirement that an applicant's supplementary experience
record be divided into employment engagements that correspond to those listed
in the application for licensure.
In addition, the teaching of engineering subjects by persons who began
teaching prior to September 1, 2001, has been added to the board's list of
activities that constitute satisfactory engineering work for purposes of the
board's evaluation for licensure. This is added to clarify that teaching experience
is considered by the board to be creditable engineering work experience for
purposes of licensure. However, the requirement that the applicant began teaching
prior to September 1, 2001, brings the proposed amendment into conformance
with a legislative amendment resulting from the enactment of Senate Bill 1797
during the 77th Legislature, which amended the Texas Engineering Practice
Act, Texas Revised Civil Statutes Annotated article 3271a, §2 and §12
by removing from the statutory definition of the "practice of engineering"
or the "practice of professional engineering" the teaching of advanced engineering
subjects and by providing that engineering teaching may not be construed as
the active practice of engineering. This legislative change was expressly
made inapplicable to those who began teaching prior to September 1, 2001.
Finally, the proposed amendment clarifies that experience credit for all
post-baccalaureate degrees is limited to a total of two years. The purpose
of this proposed amendment is to set a limit on the number of years of engineering
experience that the board will recognize in connection with an applicant's
earning any post-baccalaureate engineering degrees. In addition, the proposed
amendment states that experience gained in conjunction with or in relation
to earning a post-baccalaureate degree, such as research or teaching assistant
work, will not be credited in addition to experience credited pursuant to
subsection (c) of the section. This limitation is intended to distinguish
between such experience and other engineering experience that an applicant
may have gained simultaneously with, but independently of, the applicant's
earning a post-baccalaureate degree. In the latter situation, the board does
recognize the engineering experience gained by the applicant.
David J. Lusk, P.E., Director of Licensing for the board, has determined
that for the first five-year period the amendment is in effect, there will
be no fiscal implications for state or local government as a result of enforcing
or administering the amendments as proposed.
Mr. Lusk has also determined that for each year of the first five years
the section as amended is in effect, the public benefit anticipated as a result
of enforcing and administering the proposed amendment will be that the documentation
of engineering experienced in connection with an application for licensure
will be received by the board in a fashion that will not only enable the board
to more quickly and easily review and determine whether the applicant has
documented sufficient engineering experience, both in terms of quality as
well as quantity, but also will enable a reference provider to more quickly
and easily identify the relevant portion(s) of the applicant's supplementary
experience record for purposes of verification. Another public benefit, to
be gained from the reference to teaching experience that began prior to September
1, 2001, will be that it recognizes such teaching experience and clarifies
the legislative intent that, although teaching experience has been removed
from the definition of the practice of engineering in the Texas Engineering
Practice Act, this only applies to teaching that began on or after September
1, 2001. In addition, there will be a public benefit from the proposed amendment's
clarification that experience gained in conjunction with or in relation to
earning a post-baccalaureate degree is distinguishable from experience gained
simultaneously with, but independently of, the applicant's earning a post-baccalaureate
degree, by more clearly informing applicants, reference providers, and the
public of what kind of engineering experience, and the extent to which such
experience, is recognized by the board.
Mr. Lusk has also determined that, for each year of the first five years
the section as amended is in effect, there is no anticipated adverse economic
effect on small or micro-businesses, or anticipated economic cost to persons
who are required to comply with the proposed amendment.
Comments may be submitted, no later than July 26, 2002, to David J. Lusk,
Director of Licensing, Texas Board of Professional Engineers, 1917 IH 35 South,
Austin, Texas 78741 or faxed to his attention at (512) 442-1414.
The amendment is proposed pursuant to the Texas Engineering Practice
Act, Texas Revised Civil Statutes Annotated article 3271a, §8, which
authorizes the board to make and enforce all rules and regulations and bylaws
consistent with the Act as necessary for the performance of its duties, the
governance of its own proceedings, and the regulation of the practice of engineering
in this state; and pursuant to the Texas Engineering Practice Act, Texas Revised
Civil Statutes Annotated article 3271a, §12, which sets forth the general
requirements for licensure as a professional engineer in Texas and delegates
to the board the authority to evaluate applications for licensure as well
as the responsibility to determine whether applicants have the requisite number
of years of active practice in engineering work and whether the applicant's
engineering experience is of a character that is satisfactory to the board.
The following are the statutes, articles, or codes affected by the proposed
amendment:
Section 131.81--Texas Revised Civil Statutes Annotated article 3271a, §8
and §12
§131.81.Experience Evaluation.
(a)
Applicants shall submit a supplementary experience record
to the board as a part of the application. The supplementary experience record
is a written summary documenting all of the applicant's engineering experience
used to meet the requirements
for licensure
[
(1)
The supplementary experience record shall be written by
the applicant
and
[
(A)
provide an overall description of the
nature and scope of the work with emphasis on detailed descriptions of the
engineering work;
(B)
clearly describe the engineering work that the
applicant personally performed
;
[
(C)
[
(2)
The supplementary experience record
shall be divided
into employment engagements that correspond to those listed in the application
and shall be written in sufficient detail to allow a board reviewer to document
the minimum amount of experience required and to allow a reference provider
to recognize and verify the quality and quantity of the experience claimed
[
(3)
Experience that is unsupported by references may not
be considered. All experience claimed to meet the minimum requirements for
licensure shall be verified by one or more currently licensed professional
engineer(s) pursuant to §131.71 of this title (relating to References)
[
(4)
The supplementary experience record must cover at
least the minimum amount of time needed by the applicant for issuance of a
license.
[
(A)
Applicants applying under §12(a)(1)
of the Act shall provide supplementary experience records for at least four
years of engineering experience;
(B)
Applicants applying under §12(a)(2)
of the Act shall provide supplementary experience records for at least eight
years of engineering experience.
(C)
Applicants seeking a waiver from the Fundamentals
of Engineering examination and/or the Principles and Practice of Engineering
examination requirements shall provide a supplementary experience record for
at least an additional eight years of experience beyond that required in this
subsection.
(b)
The board shall evaluate the
nature
[
(1)
Satisfactory engineering work shall be of a nature such
that its adequate performance requires engineering education, training, or
experience. The application of engineering education, training and experience
must be demonstrated through the application of the mathematical, physical,
and engineering sciences. Such work must be fully described in the supplementary
experience record. Satisfactory engineering experience shall include an acceptable
combination of design, analysis, implementation, and/or communication experience,
including the following types of engineering activities:
(A) - (I)
(No change.)
(J)
any other work of a mechanical, electrical, electronic,
chemical, hydraulic, pneumatic, geotechnical, or thermal nature that requires
engineering education, training or experience for its adequate performance
; and
[
(K)
the teaching of engineering subjects by
a person who began teaching prior to September 1, 2001.
(2)
In the review of engineering experience, the board shall
consider additional elements unique to the history of the applicant. Such
elements should include, at a minimum:
(A) - (E)
(No change.)
(F)
whether non-traditional engineering experience such as
sales or military service provides sufficient depth of practice; [
(G)
whether short engagements have had an impact upon professional
growth
; and
[
(H)
experience gained in relation to or concurrent
with the applicant's education. Experience claimed prior to an applicant's
receiving a conferred degree must:
(i)
be substantiated in the supplementary experience record;
(ii)
be accounted for proportionally to a standard 40-hour
work week, if it was part-time employment; and
(iii)
reflect that, at the time the experience was gained,
the applicant:
(I)
had successfully passed junior and senior level engineering
courses and applied that engineering and knowledge in the claimed experience;
or
(II)
received sufficient education and training under the supervision
of an engineer.
(3)
Engineering experience may be considered satisfactory for
the purpose of licensing provided that:
(A) - (D)
(No change.)
(E)
the time granted for the experience claimed does not exceed
the calendar time available for the periods of employment [
(c)
One
[
(1)
the applicant has a baccalaureate degree
in engineering; and
(2)
the post-baccalaureate degree is from
an engineering program where either the graduate or undergraduate degree in
the same discipline is accredited or approved by one of the organizations
listed in §131.91(a)(1) of this title (concerning Educational Requirements
for Applicants). Experience credit for all post-baccalaureate degrees is limited
to a total of two years.
(d)
Experience gained in conjunction with
or in relation to earning a post-baccalaureate degree, such as research or
teaching assistant work, will not be credited in addition to experience credited
pursuant to subsection (c) of this section.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State on June 28, 2002.
TRD-200204065
Victoria J.L. Hsu, P.E.
Executive Director
Texas Board of Professional Engineers
Earliest possible date of adoption: August 11, 2002
For further information, please call: (512) 440-7723
22 TAC §131.111
The Texas Board of Professional Engineers proposes to amend §131.111,
relating to Reviewing, Evaluating, and Processing Applications. Section 131.111
describes the evaluation process for applications for licensure as a professional
engineer in Texas. The proposed amendment provides that the executive director
shall reject an application for licensure if it appears on the face of the
application documents that the applicant does not possess the minimum criteria
for licensure. It also clarifies circumstances in which the executive director
may approve an application without further board action. It also allows an
applicant to seek an extension from the executive director for submitting
certain information that the executive director determines is missing from
the application. The section is also modified by creating an exception to
certain circumstances in which the executive may not to approve an applicant's
request for waiver of examination(s), by providing that the executive director
may approve such a request when the applicant has successfully passed the
Principles and Practices Examination, is solely requesting a waiver of the
Fundamentals of Engineering Examination, and has not been disciplined or otherwise
sanctioned by this board or another state board that has jurisdiction over
the practice of engineering.
The proposed amendment also modifies the procedure by which an application
is circulated among and reviewed by the professional engineer members of the
board. While the current rule provides that circulation among the board members
continues until a majority vote is cast, the proposed amendment changes this
procedure by providing that circulation continues until the application receives
at least three votes either in favor of approving or denying the application;
if an application does not receive three like votes in favor of approving
the application, it will be referred to the licensing committee; and if the
licensing committee either determines that the application should be denied
or cannot reach a decision, the application will be referred to the board
for a final determination.
The proposed amendment also re-states in a more readable fashion certain
provisions that are currently in the rule, thereby making the rule more easily
understood by those who wish to become licensed as professional engineers
and by other readers.
David J. Lusk, P.E., Director of Licensing for the board, has determined
that for the first five-year period the section as amended is in effect, there
will be no fiscal implications for state or local government as a result of
enforcing or administering the section as amended.
Mr. Lusk has also determined that for each year of the first five years
the section as amended is in effect, the public benefit anticipated as a result
of enforcing and administering the proposed amendment will be that persons
who are interested in becoming licensed as a professional engineer in Texas
and the general public will better understand the procedures and criteria
the board has adopted for reviewing an application for licensure and for determining
whether the application should be approved or denied, as well as how and when
decisions regarding an application for licensure will be conveyed to the applicant.
In addition, Mr. Lusk anticipates that qualified applicants will experience
a more swift processing of their applications due to the board's broader delegation
to the executive director, professional engineer board members, and the board's
licensing committee to approve applications for licensure without further
action by the board under certain circumstances defined in the proposed amendment.
Finally, Mr. Lusk has determined that, for the first five years the section
as amended is in effect, there is no anticipated adverse economic effect on
small or micro-businesses, or anticipated economic cost to persons who are
required to comply with the amendment as proposed.
Comments may be submitted, no later than July 26, 2002, to David J. Lusk,
Director of Licensing, Texas Board of Professional Engineers, 1917 IH 35 South,
Austin, Texas 78741 or faxed to his attention at (512) 442-1414.
The amendment is proposed pursuant to the Texas Engineering Practice
Act, Texas Revised Civil Statutes Annotated article 3271a, §8, which
authorizes the board to make and enforce all rules and regulations and bylaws
consistent with the Act as necessary for the performance of its duties, the
governance of its own proceedings, and the regulation of the practice of engineering
in this state; and pursuant to the Texas Engineering Practice Act, Texas Revised
Civil Statutes Annotated article 3271a, §12, which delegates to the board
the authority to evaluate applications and sets forth the general requirements
for licensure as a professional engineer in Texas.
The following are the statutes, articles, or codes affected by the proposed
amendment:
Section 131.111--Texas Revised Civil Statutes Annotated article 3271a, §8
and §12
§131.111.Reviewing, Evaluating and Processing Applications.
All references to the executive director in this section shall allow
for the delegation of authority by the executive director to other staff members.
An application for licensure shall be handled in the following manner and
[
(1)
The
application is received at the board office
in Austin, Texas
.
[
(2)
The
[
(3)
The
[
(A)
reject the application if it appears on
the face of the application documents that the applicant does not possess
the minimum criteria for licensure;
(B)
accept the application as complete for processing
and evaluating
;
[
(C)
[
(4)
The
[
(5)
The
[
(A)
a request for waiver of examination(s) (except when
the applicant has successfully passed the Principles and Practices Examination,
is solely requesting a waiver of the Fundamentals of Engineering Examination,
and has not been disciplined or otherwise sanctioned by this board or a board
of another state having jurisdiction over the practice of engineering)
[
(B)
an unfavorable recommendation
[
(6)
The application shall be circulated
randomly
among the professional engineer board members if any of the conditions listed
in paragraph (5)(A) or (B) of this section
apply
[
(A)
The application is approved if the first reviewing board
member agrees with an executive director recommendation of approval.
(B)
If the executive director determines that the application
should be denied or reviewed by the professional engineer board members or
requests that the applicant appear before the licensing committee, or if the
first reviewing board member votes to deny the application or requests that
the applicant appear before the licensing committee, circulation shall continue
until the application receives at least three votes for either approval or
denial of the application or personal appearance of the applicant. If, after
circulation among all the professional engineer board members, an application
does not receive three like votes, the application shall then be referred
to the licensing committee for a determination whether the application should
be approved or denied or that additional information or a personal appearance
of the applicant before the committee is necessary
[
(C)
If there are three like votes among the
professional engineer board members in favor of the application or if, after
circulation among the board members and referral to the licensing committee,
the licensing committee determines that an application should be approved,
the executive director shall approve the application without further action
by the board.
(D)
If there are three like votes among the
professional engineer board members to deny the application, the licensing
committee determines that an application should be denied, or the licensing
committee is unable to reach a decision, the application and any such determination
shall be presented to the full board at its next regularly scheduled meeting.
(7)
Upon approval of an application by the executive director,
the licensing committee, or the board in a manner provided in this section,
the executive director shall:
[
(A)
[
[
(B)
[
[(B)
The board shall non-approve an application
if any of the following occur:]
[(i)
the application has been administratively withdrawn for
a period of six months;]
[(ii)
a majority of the professional engineer board members
voted to non-approve an application on the basis that the applicant does not
meet the requirements of the Texas Engineering Practice Act, §12(a)(1)
or (2); or]
[(iii)
the applicant did not pass the Principles and Practice
of Engineering examination in the prescribed time.]
(8)
The board shall deny an application if
any of the following occur:
(A)
the application has been administratively withdrawn for
a period of six months;
(B)
a majority of the professional engineer board members voted
to deny an application on the basis that the applicant does not meet the requirements
of §12(a)(1) or (2) of the Act; or
(C)
the applicant did not pass the Principles and Practice
of Engineering examination in the prescribed time.
[(8)
The applicant shall be advised in writing
of the board's action.]
(9)
The
[
(10)
The executive director shall advise the
applicant in writing of any decision of the executive director, the licensing
committee, or the board, as applicable.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of
the Secretary of State on June 28, 2002.
TRD-200204066
Victoria J.L. Hsu, P.E.
Executive Director
Texas Board of Professional Engineers
Earliest possible date of adoption: August 11, 2002
For further information, please call: (512) 440-7723
22 TAC §131.167
The Texas Board of Professional Engineers proposes to amend §131.167,
relating to Disciplinary Actions. Section 131.167 currently sets forth the
procedures the board follows in connection with disciplinary actions against
licensed professional engineers and non-licensed individuals who are alleged
to have violated the Texas Engineering Practice Act or board rules; the rule
also currently provides two tables of suggested sanctions that the board may
impose against license holders and non-license holders, respectively, if the
board determines that such violations occurred. The proposed amendment replaces
the sanction table in subsection (h) with a more comprehensive listing of
potential violations and also changes a number of suggested sanctions for
violations that are listed in the current sanction table. The proposed amendment
also changes the sanction table in subsection (i) by adding language that
clarifies that the table is applicable to firms as well as unlicensed individuals,
and by changing the sanction, "Cease and Desist Order" to a "Notice to Cease
and Desist." In addition, the proposed amendment adds two additional tables
of suggested sanctions in new subsections (j) and (k); subsection (j) provides
a table of suggested sanctions for violations of the firm registration and
sole proprietorship registration requirements of Act and board rules, and
subsection (k) provides a table of suggested sanctions against public entities
for violations of Section 19 of the Texas Engineering Practice Act.
Charles B. Pennington, P.E., Director of Compliance Assistance for the
board, has determined that for the first five-year period the section as amended
is in effect, there will be no fiscal implications for state or local government
as a result of enforcing or administering the section as amended.
Mr. Pennington has also determined that for each year of the first five
years the section as amended is in effect, the public benefit anticipated
as a result of enforcing and administering the proposed amendment will be
that sanctions to be imposed by the board for violations of the Texas Engineering
Practice Act and board rules will be more clearly defined so that the regulated
community and the public will be better informed of possible violations of
the Texas Engineering Practice Act and the consequences of such violations.
Mr. Pennington has determined that, for the same period, there is no anticipated
adverse economic effect on small or micro-businesses, or anticipated economic
cost to persons who are required to comply with the amendment as proposed.
Comments may be submitted, no later than July 26, 2002, to Charles B. Pennington,
Director of Compliance Assistance, Texas Board of Professional Engineers,
1917 IH 35 South, Austin, Texas 78741 or faxed to his attention at (512) 442-1414.
The amendment is proposed pursuant to the Texas Engineering Practice
Act, Texas Revised Civil Statutes Annotated article 3271a, §8, which
authorizes the board to make and enforce all rules and regulations and bylaws
consistent with the Act as necessary for the performance of its duties, the
governance of its own proceedings, and the regulation of the practice of engineering
in this state and which authorizes the board to impose certain sanctions against
licensed professional engineers and to seek injunctive relief to enjoin violations
of the Texas Engineering Practice Act and board rules; and pursuant to the
Texas Engineering Practice Act, Texas Revised Civil Statutes Annotated article
3271a, §22 and §22C, which authorize the board to impose certain
sanctions and administrative penalties if the board determines that violations
of the Texas Engineering Practice Act and/or board rules have occurred; and
pursuant to the Texas Engineering Practice Act, Texas Revised Civil Statutes
Annotated article 3271a, §23, which authorizes the board to refer matters
for criminal prosecution if the board determines that violations of the Texas
Engineering Practice Act and/or board rules have occurred.
The following are the statutes, articles, or codes affected by the proposed
amendment:
Section 131.167--Texas Revised Civil Statutes Annotated article 3271a, §§8,
22, 22C, and 23
§131.167.Disciplinary Actions.
(a) - (g)
(No change.)
(h)
The following is a table of suggested sanctions the board
may
impose
[
Figure: 22 TAC §131.167(h)
(i)
The following is a table of suggested sanctions that may
be imposed against unlicensed individuals
and firms
for specific
violations
[
Figure: 22 TAC §131.167(i)
(j)
The following is a table of suggested
sanctions that may be imposed against individuals and/or business entities
for violations of the Act or rules involving firm/sole proprietorship registration;
the minimum administrative penalty will be $100 per violation:
Figure: 22 TAC §131.167(j)
(k)
The following is a table of suggested
sanctions that may be imposed against public entities for violations of §15(c)
and §19 of the Act; the minimum administrative penalty will be $100 per
violation:
Figure: 22 TAC §131.167(k)
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State on June 28, 2002.
TRD-200204067
Victoria J.L. Hsu, P.E.
Executive Director
Texas Board of Professional Engineers
Earliest possible date of adoption: August 11, 2002
For further information, please call: (512) 440-7723
Chapter 391.
POLYGRAPH EXAMINER INTERNSHIP
22 TAC §391.5
The Polygraph Examiners Board proposes an amendment to §391.5,
concerning Supervision and Internship Review. The section is being amended
to improve the internship program.
Frank DiTucci, Executive Officer, Polygraph Examiners Board, has determined
that the amendment will not result in any fiscal implications to the state
or to units of local government for the first five year period.
Mr. DiTucci also has determined that for each year of the first five years
the rule is in effect the public benefit anticipated as a result of enforcing
the rule will be an improved internship program. There will be no effect on
small businesses. There are no anticipated economic costs to persons who are
required to comply with the rule as proposed.
Comments on the amendment may be submitted to: Frank DiTucci, Executive
Officer, Polygraph Examiners Board, P.O. Box 4087, Austin, Texas 78773-0001.
The amendment is proposed under the Polygraph Examiners Act,
Article 4413 (29cc), §6, which provides the board with the authority
to prescribe, adopt, and enforce rules relating to the administration and
enforcement of the provisions of the Polygraph Examiners Act, Article 4413
(29cc).
The amendment implements the Polygraph Examiners Act, Article 4413 (29cc).
§391.5. Supervision and Internship Review [
(a)
The intern sponsor, or a licensed examiner meeting
the requirements to be a sponsor, is required to review all examinations conducted
by an intern examiner under his/her supervision on a weekly basis. The sponsor
or other licensed examiner shall carefully review each test the intern conducts
for compliance with the Polygraph Examiners Act, accurate chart interpretation
and the principles of quality test administration. The sponsor need NOT be
present at the time of the examination. The sponsor is not required to review
the charts before an opinion is rendered, but the Intern is required to inform
the Examinee that the Intern's opinion of the polygraph examination is preliminary
until that examination is reviewed by his sponsor.
(1)
It is the policy of the Texas
Polygraph Examiner's Board to provide assistance to Interns and Sponsors.
(2)
At the request of an Intern
or Sponsor, the Board's Executive Officer will review the Intern's work product.
This review is intended to correct any problems that may exist in the Internship.
Therefore Interns are encouraged to take advantage of this assistance as early
in the Internship as practical.
(b)
The review is not an investigation
and will not be treated as such. On the other hand, the fact that an Intern's
work product was made available for review by the Executive Officer will not
be considered a defense to any action by the Board should the Board receive
a complaint concerning the Intern on any test reviewed under this policy.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State on July 1, 2002.
TRD-200204161
Frank DiTucci
Executive Officer
Polygraph Examiners Board
Earliest possible date of adoption: August 11, 2002
For further information, please call: (512) 424-2058
22 TAC §391.6
The Polygraph Examiners Board proposes an amendment to §391.6,
concerning Intern Sponsor Reporting. The section is being amended to improve
the internship program.
Frank DiTucci, Executive Officer, Polygraph Examiners Board, has determined
that the amendment will not result in any fiscal implications to the state
or to units of local government for the first five year period.
Mr. DiTucci also has determined that for each year of the first five years
the rule is in effect the public benefit anticipated as a result of enforcing
the rule will be an improved internship program. There will be no effect on
small businesses. There are no anticipated economic costs to persons who are
required to comply with the rule as proposed.
Comments on the amendment may be submitted to: Frank DiTucci, Executive
Officer, Polygraph Examiners Board, P.O. Box 4087, Austin, Texas 78773-0001.
The amendment is proposed under the Polygraph Examiners Act,
Article 4413 (29cc), §6, which provides the board with the authority
to prescribe, adopt, and enforce rules relating to the administration and
enforcement of the provisions of the Polygraph Examiners Act, Article 4413
(29cc).
The amendment implements the Polygraph Examiners Act, Article 4413 (29cc).
§391.6.Intern Sponsor Reporting.
(a)
Before the intern is allowed to sit for
their oral board examination to obtain an original examiner's license, the
sponsor must recommend that the intern is qualified to sit for licensing in
writing. This recommendation will be made by the sponsor a minimum of seven
days prior to the intern taking the oral board examination.
[
(b)
If the sponsor does not, in writing, recommend
that the intern is qualified to sit for the oral board licensing exam, the
Executive Officer shall request the physical presence of both the sponsor
and the intern at the next regularly scheduled board meeting. The Board shall
afford both the sponsor and the intern an opportunity to answer questions
about the sponsor's failure to recommend. Both the sponsor and the intern
may have individual interviews with the board and/or the board may interview
both the sponsor and the intern together.
(c)
At the conclusion of the Board's interviews
of the sponsor and the intern, the Board shall vote on continuing the internship
of the intern. A vote shall decide whether to continue the intern's licensing
process or make necessary modifications to the intern's internship as may
be appropriate.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State on July 1, 2002.
TRD-200204160
Frank DiTucci
Executive Officer
Polygraph Examiners Board
Earliest possible date of adoption: August 11, 2002
For further information, please call: (512) 424-2058
22 TAC §393.4
The Polygraph Examiners Board proposes an amendment to §393.4,
concerning official publication of official state board activities. The section
is being amendment to replace chairman with presiding officer.
Frank DiTucci, Executive Officer, Polygraph Examiners Board, has determined
that the amendment will not result in any fiscal implications to the state
or to units of local government for the first five year period.
Mr. DiTucci also has determined that for each year of the first five years
the rule is in effect the public benefit anticipated as a result of enforcing
the rule will be updated language to reflect current legislation. There will
be no effect on small businesses. There are no anticipated economic costs
to persons who are required to comply with the rule as proposed.
Comments on the amendment may be submitted to: Frank DiTucci, Executive
Officer, Polygraph Examiners Board, P.O. Box 4087, Austin, Texas 78773-0001.
The amendment is proposed under the Polygraph Examiners Act,
Article 4413 (29cc), §6, which provides the board with the authority
to prescribe, adopt, and enforce rules relating to the administration and
enforcement of the provisions of the Polygraph Examiners Act, Article 4413
(29cc).
The amendment implements the Polygraph Examiners Act, Article 4413 (29cc).
§393.4.Official Publication of Official State Board Activities.
The official publication of official state board activities be only
permitted by the
Presiding Officer
[
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State on July 1, 2002.
TRD-200204159
Frank DiTucci
Executive Officer
Polygraph Examiners Board
Earliest possible date of adoption: August 11, 2002
For further information, please call: (512) 424-2058
22 TAC §393.5
The Polygraph Examiners Board proposes an amendment to §393.5,
concerning acts in Board's name. The section is being amendment to replace
chairman with presiding officer and vice chairman with assistant presiding
officer.
Frank DiTucci, Executive Officer, Polygraph Examiners Board, has determined
that the amendment will not result in any fiscal implications to the state
or to units of local government for the first five year period.
Mr. DiTucci also has determined that for each year of the first five years
the rule is in effect the public benefit anticipated as a result of enforcing
the rule will be updated language to reflect current legislation. There will
be no effect on small businesses. There are no anticipated economic costs
to persons who are required to comply with the rule as proposed.
Comments on the amendment may be submitted to: Frank DiTucci, Executive
Officer, Polygraph Examiners Board, P.O. Box 4087, Austin, Texas 78773-0001.
The amendment is proposed under the Polygraph Examiners Act,
Article 4413 (29cc), §6, which provides the board with the authority
to prescribe, adopt, and enforce rules relating to the administration and
enforcement of the provisions of the Polygraph Examiners Act, Article 4413
(29cc).
The amendment implements the Polygraph Examiners Act, Article 4413 (29cc).
§393.5.Acts in Board's Name.
No board member shall act in the name of the board in any manner, such
as making a request of another state agency, private organization, or individual,
without first clearing the matter through the
Presiding Officer
[
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State on July 1, 2002.
TRD-200204158
Frank DiTucci
Executive Officer
Polygraph Examiners Board
Earliest possible date of adoption: August 11, 2002
For further information, please call: (512) 424-2058
22 TAC §393.6
The Polygraph Examiners Board proposes an amendment to §393.6,
concerning calling board meetings. The section is being amendment to replace
chairman with presiding officer and vice chairman with assistant presiding
officer.
Frank DiTucci, Executive Officer, Polygraph Examiners Board, has determined
that the amendment will not result in any fiscal implications to the state
or to units of local government for the first five year period.
Mr. DiTucci also has determined that for each year of the first five years
the rule is in effect the public benefit anticipated as a result of enforcing
the rule will be updated language to reflect current legislation. There will
be no effect on small businesses. There are no anticipated economic costs
to persons who are required to comply with the rule as proposed.
Comments on the amendment may be submitted to: Frank DiTucci, Executive
Officer, Polygraph Examiners Board, P.O. Box 4087, Austin, Texas 78773-0001.
The amendment is proposed under the Polygraph Examiners Act,
Article 4413 (29cc), §6, which provides the board with the authority
to prescribe, adopt, and enforce rules relating to the administration and
enforcement of the provisions of the Polygraph Examiners Act, Article 4413
(29cc).
The amendment implements the Polygraph Examiners Act, Article 4413 (29cc).
§393.6.Calling Board Meetings.
Only the
Presiding Officer
[
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State on July 1, 2002.
TRD-200204157
Frank DiTucci
Executive Officer
Polygraph Examiners Board
Earliest possible date of adoption: August 11, 2002
For further information, please call: (512) 424-2058
22 TAC §397.9
The Polygraph Examiners Board proposes an amendment to §397.9,
concerning informal disposition of complaints. The section is being amendment
to replace chairperson with presiding officer.
Frank DiTucci, Executive Officer, Polygraph Examiners Board, has determined
that the amendment will not result in any fiscal implications to the state
or to units of local government for the first five year period.
Mr. DiTucci also has determined that for each year of the first five years
the rule is in effect the public benefit anticipated as a result of enforcing
the rule will be updated language to reflect current legislation. There will
be no effect on small businesses. There are no anticipated economic costs
to persons who are required to comply with the rule as proposed.
Comments on the amendment may be submitted to: Frank DiTucci, Executive
Officer, Polygraph Examiners Board, P.O. Box 4087, Austin, Texas 78773-0001.
The amendment is proposed under the Polygraph Examiners Act,
Article 4413 (29cc), §6, which provides the board with the authority
to prescribe, adopt, and enforce rules relating to the administration and
enforcement of the provisions of the Polygraph Examiners Act, Article 4413
(29cc).
The amendment implements the Polygraph Examiners Act, Article 4413 (29cc).
§397.9.Informal Disposition of Complaints.
(a)
The Executive Officer may at any time during proceedings
governed by these rules negotiate a proposed informal disposition of a complaint
with a respondent.
(b)
To accept a proposed informal disposition, a respondent
must sign an order memorializing the disposition in the presence of a notary
and return it to the board office within ten days of receipt. Inaction by
the respondent constitutes rejection. If the respondent rejects the proposed
informal disposition, the Executive Officer may take further appropriate action
against the respondent.
(c)
The Executive Officer presents an order memorializing a
proposed informal disposition with a notarized signature of a respondent to
the full board. A proposed informal disposition has no effect until the board,
at a regularly scheduled meeting, approves the informal disposition.
(d)
Consideration by the Board.
(1)
The complaint officer assigned to the complaint does not
participate in the board review of the informal disposition.
(2)
The board does not have access to the name and license
number of the respondent until after the board has approved the informal disposition
or if the board does not approve the informal disposition, until the matter
is before the board for a final determination.
(3)
An affirmative majority vote constitutes board approval
of the informal disposition. The
Presiding Officer
[
(4)
If the board does not approve the informal disposition,
the matter is referred to the Executive Officer for other appropriate action.
The Executive Officer informs respondents of the board action.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of
the Secretary of State on July 1, 2002.
TRD-200204156
Frank DiTucci
Executive Officer
Polygraph Examiners Board
Earliest possible date of adoption: August 11, 2002
For further information, please call: (512) 424-2058
(16)
] Other providers as approved
by the Board.
Part 6.
TEXAS BOARD OF PROFESSIONAL ENGINEERS
Texas Board of Professional Engineers
]
shall receive, evaluate and process all applications [
for a professional
engineer license issued under the authority of the Texas Engineering Practice
Act (Act). Applications
] for
licensure as a professional engineer
received from individuals
[
an original license shall be accepted
from all persons
] who assert through the application process that[
, to the best of their knowledge,
] they meet the minimum
requirements
[
qualifications
] of
§12 of
the Act [
, §12. Applications from nonresidents holding a valid license issued
by a proper authority in another public jurisdiction shall be accepted from
all persons who assert through the application process that, to the best of
their knowledge, they meet the minimum qualifications of the Act, §12.
The board has the authority under the Act to issue a license to applicants
that, subsequent to review and evaluation, are found to have met all requirements
of the Act and board rules
]. The board
shall
[
has the
authority under the Act to
] deny a license to any applicant found not
to have met all requirements of the Act and board rules. [
Applications
that do not demonstrate the qualifications required shall be subject to non-approval.
The board may also, at its discretion, select the sections or subsections
under which the application shall be accepted and processed.
]
u
(b)
]
To be eligible for licensure
as a professional engineer, one must submit a completed application.
All persons must have passed the Fundamentals of Engineering examination or
be
[
believe to the best of their knowledge that they are
]
eligible for a waiver from the Fundamentals of Engineering examination before
submitting an application.
(c)
] Applicants must speak and write
the English language. Proficiency in English may be evidenced by possession
of an accredited bachelor of science degree taught exclusively in English,
or passage of the Test of English as a Foreign Language (TOEFL) with a
written
score of at least 550
or a computer score of at least 200
and passage of the Test of Spoken English (TSE) with a score of at
least 45, or other evidence such as significant academic or work experience
in English acceptable to the executive director.
(d)
] Applicants requesting waivers
of all or part of the examinations, the TOEFL, the TSE, or a commercial evaluation
of non-accredited degrees shall submit the requests and supporting reasoning
to the executive director in writing.
(e)
] Applications for a license
shall be submitted on forms prescribed by the board, sworn under oath and
accompanied by the current application fee.
(f)
] In addition to the application
form,
an applicant
[
applicants
] shall submit
the
following information pertaining to the applicant
[
their
]:
number of
] reference statements required under §131.71[
(b)
] of this title (relating to References)[
, or are required to
meet §131.81(a)(3) of this title (relating to Experience Evaluation)
or §131.101(g) of this title (relating to Engineering Examinations Required
for a License To Practice as a Professional Engineer) if those sections are
applicable
];
a
] completed Texas
Engineering Professional
Conduct and
Ethics [
of Engineering
] Examination;
(g)
] Applicants shall indicate a
primary branch of engineering under which experience has been gained. Applicants
seeking permission to take the Principles and Practice of Engineering examination
shall indicate a primary branch for which there is an available National Council
of Examiners for Engineering and Surveying (NCEES) examination as denoted,
or other Board approved examination, or for which the Board will issue a license
under applicable examination waiver rules. The branches and their corresponding
alphabetical code are:
building
] architectural;
(i)
] Once an application is accepted,
the fee shall not be returned, and the application and all submissions shall
become a permanent part of the board records.
(j)
] An applicant who is a citizen
of another country and is physically present in this country shall show sufficient
documentation to the board to verify the immigration status for the determination
of their eligibility for a professional license in accordance with the Personal
Responsibility and Work Opportunity Reconciliation Act of 1996.
;
] or
,
if they have met all
examination/waiver requirements, applicants shall be issued or denied a license.
The board shall issue a license to applicants who have been granted permission,
taken and passed the Principles and Practice of Engineering examination.
all
employment engagements from the date the license expired describing
]
at least the last four years of
engineering
experience
, which
may include experience before the previous license expired
;
a professional engineer
reference,
] conforming to §131.71[
(b)
] of this title
(relating to References)
. A professional engineer shall verify
[
, §131.81(a)(3) of this title (relating to Experience Evaluation), and §131.101(g)
of this title (relating to Engineering Examinations Required for a License
To Practice as a Professional Engineer) for each engineering engagement since
the license expired verifying
] a supplementary experience record describing
at least the last four years of engineering experience
pursuant to §131.81(3)
of this title (relating to Engineering Experience)
;
of Engineering
] Examination with each new application
filed.
Subchapter C. REFERENCES
under the Texas Engineering Practice Act, §12(a)(1) or (2), unless more
experience is being verified to meet the requirements of §131.81(a)(3)
of this title (relating to Experience Evaluation) or §131.101(g) of this
title (relating to Engineering Examinations Required for a License To Practice
as a Professional Engineer)
].
Reference statements will be used
to verify the applicant's character and the factual presentation of the applicant's
experience and to determine to the extent the experience is creditable engineering
experience.
[
Experience that is unsupported by references may not
be considered.
]
Applicants for a license shall provide at least five
references to the board, unless more references are required to meet the requirements
of §131.81(a)(3) of this title (relating to Experience Evaluation) or §131.101(g)
of this title (relating to Engineering Examinations Required for a License
to Practice as a Professional Engineer). At least three of these references
shall be currently licensed professional engineers who have personal knowledge
of the applicant's engineering experience. One or more of the professional
engineer references shall verify all engineering claimed to meet the minimum
years of experience required. References on file with the board from previous
applications may be used with the approval of the executive director.
]
Professional engineers who have not worked with or directly supervised an
applicant may review and judge the applicant's experience and may serve as
a licensed engineer reference; such review shall be noted on the reference
statement. [
Professional engineers serving as references shall not be
compensated.
]
include
] individuals who directly supervised
the applicants.
The board members and staff may, at their
discretion, consider any, all or none of the responses from references.
]
For a
] reference
statements verifying an applicant's engineering experience
[
statement
to be considered complete, the reference
] shall:
accurately complete the
reference statement in detail;
]
review and evaluate all applicable portions of the supplementary experience
record.
]
For a reference
statement to be considered secure, the reference shall place the completed
reference statement and signed supplementary experience record in an envelope.
After sealing the envelope, the reference's signature shall be placed across
the sealed flap of the envelope and covered with transparent tape. The reference
shall return the sealed envelope to the applicant.
]
Applicants shall enclose all of the sealed reference
envelopes with the application when submitted to the board.
]
Subchapter D. ENGINEERING EXPERIENCE
of §131.91
of this title (relating to Educational Requirements for Applicants)
].
,
] shall
:
,
] and
shall
] delineate the role of the
applicant in any group engineering activity.
should provide an overall description of the nature and scope
of the work with emphasis on detailed descriptions of the engineering work
personally performed by the applicant
].
Professional engineer references must be provided to verify enough
of the supplementary experience record to cover at least the minimum amount
of time needed by the applicant for issuance of a license. Applicants applying
under the Texas Engineering Practice Act (Act), §12(a)(1) shall provide
references for at least four years of engineering experience; applicants applying
under the Act, §12(a)(2) shall provide references for at least eight
years of engineering experience. Applicants seeking a waiver from the Fundamentals
of Engineering examination or the Principles and Practice of Engineering examination
requirement shall provide supplementary experience records and references
for an additional eight years of experience beyond that listed in this subsection
and shall conform to §131.71(b) of this title (relating to References)
and §131.101(g) of this title (relating to Engineering Examinations Required
for a License To Practice as a Professional Engineer)
].
Parts of the supplementary experience record that are
to be verified by references shall be written in sufficient detail to allow
the board reviewer to document the minimum amount of experience required and
to allow the reference to recognize and verify the quality and quantity of
the experience claimed.
]
character
] and quality of the experience found in the supplementary experience
record and shall determine if the work is satisfactory to the board for the
purpose of issuing a license to the applicant. The board shall evaluate the
supplementary experience record for evidence of the applicant's competency
to be placed in responsible charge of engineering work of a similar character.
.
]
and
]
.
]
or education
] claimed.
A total of one
] year of experience
credit may be granted for each post-baccalaureate engineering degree earned
by
an applicant
[
applicants, not to exceed two years
],
provided
:
[
the degree is from an engineering program approved
by one of the organizations listed in §131.91(1)(A) of this title (concerning
Educational Requirements for Applicants) where either the graduate or undergraduate
degree in the same discipline is accredited or equivalent.
]
Subchapter G. BOARD REVIEW OF APPLICATION
The following list of activities as shown in this section shall
be conducted in
] order:
;
]
the
] executive director shall
review
the application
[
it
] for completeness
.
[
;
]
the
] executive director shall
:
,
] or
shall
] accept the application and
notify the applicant at the earliest possible time of deficient information
and give the applicant
45
[
forty-five (45)
] days to
complete
the application
[
it
].
Upon receipt of
an applicant's written request, the executive director may grant the applicant
an additional 30 days to submit any information identified by the executive
director as necessary to complete the application.
If the applicant
does not submit all documents required in the time allowed for such submittals,
the application shall be administratively withdrawn
.
[
:
]
the
] executive director shall
review and evaluate the qualifications found in the application and
determine whether the application should be approved, denied, or reviewed
by the professional engineer members of the board, or that the applicant should
appear before the licensing committee.
[
issue a recommendation
of approval, non-approval or personal interview;
]
the
] executive director may
approve the application without further board action unless the
application
is accompanied by
[
applicant
]:
is requesting a waiver of examinations
]; or
is recommended
for a license with reservation
] by one or more
reference providers.
[
references;
]
are not
met
] or if the executive director requests
that
an application
be reviewed by
the
board members.
Circulation
shall continue until a majority vote is cast if an application receives a
recommendation of non-approval or personal appearance by the executive director
or the first board member
].
The board shall either approve or
non-approve the application.
]
The board shall
] approve an
application
subject to the applicant's taking and passing
[
applicant to:
]
(i)
take
] the Principles and Practice
of Engineering examination; or
(ii)
] issue a license to an applicant
who has passed the Principles and Practice of Engineering examination or who
has had that examination waived.
When the process is complete and a
decision has been reached, the
] board shall
confirm the issuance
or denial of a license at its next regularly scheduled meeting
[
complete the consideration of the application through the issuance or denial
of a license and confirm such action in the regular order of business at the
next quarterly board meeting
].
Subchapter J. COMPLIANCE AND ENFORCEMENT
levy
] against license holders for specific
violations
[
infractions
] of the Act or rules; the minimum
administrative penalty will be $100 per violation:
infractions
] of the Act
or rules
;
the minimum administrative penalty will be $100 per violation:
Part 19.
POLYGRAPH EXAMINERS BOARD Intern Supervision ].
An intern who is an applicant for an original examiner's license shall not
be allowed to take the final examination unless all sponsor reports and fees
are current and received by the board.
]
Chapter 393.
GENERAL
chairman
] or those
board members designated by the authority of the
Presiding Officer
[
chairman
].
chairman
] or, in his absence, the
Assistant Presiding Officer
[
vice chairman
] or, in their absence, the
Secretary
[
secretary
].
chairman
] shall call
a board meeting or in his absence the
Assistant Presiding Officer
[
vice chairman
] may call such meeting. By written request of two-thirds
of the board members, the
Presiding Officer
[
chairman
]
must call a board meeting.
Chapter 397.
GENERAL RULES OF PRACTICE AND PROCEDURE
chairperson
] of the board signs approved informal disposition orders. A copy of
a board-approved informal disposition order is provided to the respondent.
Chapter 401.
GRIEVANCE POLICY