Board Rules Updated; Effective March 16, 2024
Governor Jim Pillen approved proposed changes to the Board’s rules (Title 110, Neb. Admin. Code). The changes were the subject of a public hearing the Board held on December 1, 2023. No comments opposing these changes were received.
These changes are summarized below.
Chapter 1 – General Provisions
Rule 1.10.1 was modified to allow the Board to authorize Board staff to issue temporary permits and certificates of authorization on a conditional basis, pending formal approval of the applications by the Board. This section already allows the Board to authorize Board staff to issue licenses on a conditional basis.
Rule 1.11.4.2 was modified to state that architects and professional engineers who have elected emeritus status are also prohibited from offering to practice.
The Engineer Intern Enrollment section was moved to Chapter 2. The remaining sections were renumbered.
The language was removed from Rule 1.17.1 regarding Board members who retire from service with the Board being conferred as Emeritus board members.
Chapter 2 – Initial Licensure of Professional Engineers
Language was removed from Rule 2.4.1.7 requiring those who fail an engineering examination four or more times to present evidence of additional education to the Board. The remaining sections were renumbered.
The language was removed from Rule 2.4.1.8.1 stating that the failure of an applicant to attend an examination for which they have been scheduled to attend is not considered a failure of the examination or retake under Rule 2.4.1.7.
Rule 2.4.4.4 was added to state that applicants who want to sit for a PE exam must provide three references indicating the applicant’s good reputation and ethical character.
Rule 2.4.4.5 was added to allow Board staff to administratively approve PE examination applications. These approvals are conditional until formally approved by the Board.
Engineer Intern enrollment language was moved from Chapter 1 to Chapter 2.
Rule 2.8.1 was modified to update the amount of qualified educational debt the Board may repay professional engineers who incur such debt from $50 to $100.
Chapter 3 – Initial Licensure of Architects
Rule 3.7.1 was modified to update the amount of qualified educational debt the Board may repay architects who incur such debt from $100 to $150.
Chapter 4 – Comity
Rule 4.1.1.2.1 was modified to state the Board will not accept affidavits from comity professional engineer applicants seeking licensure as a Professional Structural Engineer. Professional Structural Engineers are required to provide either 1) verification of passage of structural examination in accordance with Rule 4.1.1.5. or 2) licensure as a Professional Structural Engineer in another jurisdiction in accordance with Rule 4.1.3.
Rule 4.1.1.5.1 was added to allow the NCEES computer-based Structural PE Examination taken after January 1, 2024 to be accepted as an examination for licensees seeking licensures as a Professional Structural Engineer.
Rule 4.1.1.5.2 was modified to update the accepted time frame for the NCEES 16-hour PE Examination acceptance to January 1, 2011-December 31, 2023. After December 31, 2023, the NCEES computer-based Structural PE Examination replaced the NCEES 16-hour PE Examination.
Chapter 5 – Code of Practice
Rule 5.2.4 was added to state licensees serving in a paid or voluntary public capacity shall not accept payments or gifts that are intended to influence the licensee’s professional judgment. The remaining sections were renumbered.
Rule 5.5.3 was modified to state a licensee shall not counsel or assist a client in conduct that the licensee knows, or reasonably should know, is fraudulent or illegal.
Rule 5.5.9 was modified to state an architect serving as an AXP supervisor for a licensure candidate shall reasonably assist the candidate in proper and timely documentation of that candidate’s experience.
Rule 5.6.4 was added stating Emeritus licensees may use titles in accordance with Rule 1.11.4.2.
Chapter 6 – The Licensee Seal
Rule 6.1.9.7 was added to state if as-built drawings are produced from sealed design drawings, the seal of the licensee(s) that prepared the drawings will either a) be removed if practical or b) be accompanied by a note next to or over the seal indicating that the seal relates only to the design and not the as-builts.
Rule 6.3.1 was modified to allow landscape architects to act as the coordinating professional on a project, as already allowed in NRS 81-8198.01.
Chapter 8 – Enforcement
Rule 8.4.1.1.9 was added to require the remediation architect or professional engineer to submit a final letter confirming the project is in compliance with the E&A Act, all deficiencies have been removed, and taking responsibility for the project.
Chapter 9 – Continuing Education
Rule 9.1.2 was removed.
Rule 9.2.3.10 was added to allow serving as an ABET/EAC- or NAAB-accredited program evaluator to be acceptable as a continuing education activity.
Rule 9.3.1 was modified to allow web-based offerings provided by NCARB and NCEES to constitute all of the biennial education requirements.
Rule 9.3.2 added language to clarify Rule 9.3.1.
Rule 9.4.2.7 was updated to state that service as an officer in a professional or technical society is equivalent to two actual hours. Participation on a professional or technical society’s technical committee is equivalent to the actual hours spent on that committee.
Rule 9.4.2.9 was added to allow licensees participating in the development of items for NCEES or NCARB examinations to be equivalent to 15 actual hours per calendar year.
Rule 9.4.2.10 was added to state that with respect to rule 9.2.3.10, serving on an ABET/EAC- or NAAB-accreditation program evaluating team is equivalent to 15 actual hours per evaluation.
To request a hard copy of the E&A Regulation Act, please contact the Public Information Officer.