Rules Changes Public Hearing Held
The Nebraska Board of Engineers and Architects held a rulemaking public hearing on Friday, January 24, 2025 in advance of its regular meeting. During the hearing, the Board considered both written and in-person comments made about the proposed rules.
Based on these comments, the Board voted to make changes to its proposed rules and hold a new hearing. The Board anticipates holding a second public hearing on these revised proposed rules on April 18. A notice with new hearing information will be published by the Board no later than 30 days prior to this date.
The revisions made by the Board to its proposed changes included the following:
- Rewording Rule 1.18.4 to clarify that organizations are also subject to Board review of disclosure statements in connection with a certificate of authorization application or renewal;
- Revising the proposed licensure pathway for professional engineers licensed in any foreign country that are a) currently listed on the International Professional Engineers Register and b) currently licensed in any foreign country that is an Authorized Member of either the International Professional Engineer’s Agreement or the APEC Engineer Agreement, as developed and published by the International Engineering Alliance; and
- Adding AIA-approved providers of continuing education (CE) as a category of providers who are not restricted under Rule 9.3.1; and
- Revising the proposed rule limiting the number of CE hours the Board will grant in any 24-hour period to 10. The Board modified this proposed rule to change the term “24-hour period” to “calendar day.”
Recent Engineering and Architecture Graduates
Congratulations to recent engineering and architecture graduates of the University of Nebraska-Lincoln and Doane University, and best wishes for your next adventure!
Did you know the Board offers educational debt reimbursement?
Nebraska architecture graduates may qualify for a $150 reimbursement from the Board if they meet the following requirements:
- Have established an NCARB record,
- Hold a NAAB-accredited architectural degree from an institution in Nebraska and
- Have qualifying educational debt. Qualifying educational debt is defined as any government or commercial loans obtained by a student for post-secondary education, tuition, other educational expenses, or reasonable living expenses, as determined by the Board.
Nebraska engineering graduates who have passed the FE Exam may qualify for a $100 reimbursement from the Board if they meet the following requirements:
- Graduated from an EAC/ABET-accredited engineering program in Nebraska,
- Passed the FE Exam on the first attempt, no later than nine months after graduation, and
- Have qualifying educational debt. Qualifying educational debt is defined as any government or commercial loans obtained by a student for post-secondary education, tuition, other educational expenses, or reasonable living expenses, as determined by the Board.
To request reimbursement:
- Complete the Architectural Education Reimbursement Request Form or Engineering Educational Debt Reimbursement Request Form and send the completed form to the Board;
- Request the granting institution to send a copy of your official transcript directly to the Board. Electronic transcripts may be sent to nbea.office@nebraska.gov. Note that engineering masters or doctorate graduates from the University of Nebraska will need to request their graduate transcript from Lincoln, even if the program was offered wholly in Omaha.
- For architect graduates, have NCARB send verification of your NCARB Record establishment (ARE Eligibility Notice) directly to the Board;
- Your request and transcript must be received within 12 months of graduation from the NAAB-accredited or EAC/ABET-accredited programs.
For further information regarding educational debt reimbursement, please see Board Rule 3.7.1 or 2.8.1.
Plan Stamping
Recently, the Board has seen an increase in the practice of “plan stamping,” where licensees are brought in at the conclusion of a project to give a cursory review of a project’s technical documents and “stamp” them for submission to local building departments and other permitting authorities. This practice is a clear violation of the E&A Act and Board rules.
Under the E&A Act, licensees must be engaged throughout the entire design process, from beginning to end. Architects and professional engineers may only seal work prepared by them or under their direct supervision. Per Board Rule 6.4, to exercise full professional knowledge of and control over work, a licensee in direct supervision of work must:
- Have and exercise the authority to review and to change, reject, or approve both the work in progress and the final work product through a continuous process of examination, evaluation, communication, and direction throughout the development of the work;
- Be personally aware of the project’s scope, needs, parameters, limitations, and special requirements;
- Be capable of answering questions relevant to the architectural or engineering decisions made as part of the services provided in sufficient detail to demonstrate reasonable knowledge of and proficiency in the work; and
- Be reasonably satisfied with the product of the services rendered and accept full responsibility for the work.
To ensure compliance, all technical documents prepared for non-exempt projects must be designed under the direct supervision of a Nebraska-licensed architect or professional engineer in accordance with the Act.
In other words, licensees must be engaged throughout the entire design process in order to be compliant with the E&A Act, not just at the end.
Individuals and organizations found to be involved in work comprising the practice of architecture or engineering that is not in compliance with the E&A Act may be subject to disciplinary action as specified in N.R.S. §81-3444. These actions could include civil penalties, imposition of costs, and—in the case of licensees who are involved—possible censure, reprimand, limitations to practice, and/or license revocation.
If you have questions, please contact us at nbea.compliance@nebraska.gov or (402) 471-9602.
NCEES Professional Activities and Knowledge Study Opportunity
NCEES is currently seeking licensed structural engineers to participate in a professional activities and knowledge study, or PAKS, for the PE Structural exam. The results of this online survey will be used to update specifications for the exam, which is used throughout the United States for licensing purposes.
NCEES requires a cross section of licensed professional engineers practicing structural engineering—including those working in industry, consulting, the public sector, and academia—to complete an online survey about the tasks and knowledge required of a licensed structural engineer with four to six years of experience to practice in a manner that safeguards the health, safety, and welfare of the public. The survey can be completed in approximately 50-60 minutes.
The survey will remain open until March 10, 2025. To access the online survey, please click here.
For more information, please click here.
Opportunity and Inclusion: Exploring NCARB’s 2024 Highlights
The FY24 Annual Report provides a comprehensive overview of NCARB’s efforts throughout the year, sharing insight into the progress made to ensure the health, safety, and welfare of the public through the facilitation of architectural licensure alongside the 55 U.S. licensing boards. Explore the full report for information on NCARB’s latest initiatives aimed at supporting licensure and guiding regulation.
NCARB Retires MyAXP App this January
NCARB will retire the MyAXP app on January 31, 2025, due to a recent mobile-accessible update to the Experience section of MyNCARB.
Updates to the Experience section will streamline how candidates document their professional experiences, making the process more intuitive and user-friendly. As part of this update, the Experience section is now fully mobile accessible, allowing candidates to manage their accounts conveniently from their smartphones or tablets.
For more information, please click here.
Licensure Updates
Recently Resolved Compliance Cases
24.27 – Unlicensed Individual Practice
Summary: The Board was notified of the submission of unsealed plans to another state agency for the construction of a single-story building [Business (B) Occupancy] comprising approximately 4,000 square feet. The plans did not bear the seal of a Nebraska-licensed architect or professional engineer.
Action: This project was subject to the Act due to the building area comprising more than 3,000 square feet of B-Business Occupancy. The Board authorized architecture and engineering remediation to bring the project into compliance with the Act. Per Board Rule 8.4, the project owner engaged a Nebraska-licensed architect and professional engineer to review the project for compliance with the Act. The Board dismissed the complaint without disciplinary action based on the successful completion of architectural and engineering remediation.
24.30 – Unlicensed Practice
Summary: A complaint was submitted alleging that the Respondent was engaging in the unlicensed practice of architecture and engineering in commercial construction.
Action: After reviewing the complaint, the Board found the plans prepared by the Respondent constituted the practice of architecture and engineering. The Board found no formal administrative or disciplinary action was warranted and issued a Letter of Caution to the Respondent, encouraging them to use greater care when preparing technical documents related to projects that are not exempt from the Act.
24.39 – Unlicensed Practice
Summary: A complaint was submitted alleging that the Respondent was engaging in the unlicensed practice of architecture in commercial construction.
Action: After reviewing the complaint, the Board found the plans prepared by the Respondent constituted the practice of architecture. The Board found no formal administrative or legal action was warranted and issued a Letter of Caution to the Respondent, encouraging them to use greater care when preparing technical documents related to projects that require the involvement of licensed architects and/or professional engineers.
24.40 – Unlicensed Practice of Architecture
Summary: A complaint was submitted alleging that the Respondent was engaging in the unlicensed practice of architecture.
Action: After reviewing the complaint, the Board found the plans prepared by the Respondent constituted the practice of architecture. The Board found no formal administrative or disciplinary action was warranted and issued a Letter of Warning to the Respondent, encouraging them to use greater care when preparing technical documents related to projects that are not exempt from the Act.
For further information regarding the enforcement process, please click here.
For a full list of disciplinary actions taken by the Board, please click here.
The Nebraska Professional Archive
Please click here for past issues.
If you have questions about topics in this blog post, previous issues, or other topics that would be helpful to publish in our next release, please contact us.