110 Neb. Admin. Code, ch. 4, § 1

Current through September 17, 2024

Section 110-4-1 - Comity for Engineers

4.1.1 Discipline of Licensure by Comity

4.1.1.1 In order to be eligible for licensure in Nebraska the engineering applicant must qualify in one or more engineering discipline(s).

4.1.1.2 Verification of good standing must be provided by the licensing authority of the candidate's current licensure, including the discipline of the PE Examination.

4.1.1.2.1 In the event the licensing authority does not license by discipline or have record of examination discipline, verification of discipline of practice may be provided by the affidavit of an individual with knowledge of the applicant's discipline of practice. However, 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.

4.1.1.3 With respect to candidates applying for licensure who have passed the NCEES Structural I examination, such candidates may be eligible for licensure as a Professional Civil Engineer or another applicable discipline approved by the Board. Such applicants are not eligible for licensure as a Professional Structural Engineer without also having satisfied one of the four provisions of Rule 4.1.1.5.

4.1.1.4 Professional Engineers licensed on the basis of the Architectural Engineering examination will be designated Professional Architectural Engineers. Professional Architectural Engineers may not practice or offer to practice architecture.

4.1.1.5 Professional Engineers who have passed one of the following sets of examinations are eligible for licensure as a Professional Structural Engineer and may use the designation "S.E." with their name:

4.1.1.5.1 The NCEES computer-based Structural PE Examination taken after January 1, 2024;

4.1.1.5.2 The NCEES 16-hour Structural PE Examination taken between January 1, 2011 and December 31, 2023;

4.1.1.5.3 16 hours of NCEES structural examinations, eight hours of which were from the NCEES Structural II Examination taken prior to January 1, 2011;

4.1.1.5.4 A 16-hour U.S.-jurisdiction-written structural examination taken prior to 2004; or

4.1.1.5.5 Both the NCEES Structural II Exam and an eight-hour U.S.-jurisdiction-written structural examination taken prior to January 1, 2011.

4.1.2 Comity Licensure for Model Law Engineers and Model Law Structural Engineers

4.1.2.1 The Board staff is authorized to review and evaluate the applications of comity applicants to determine if they meet or exceed the criteria of a MLE or MLSE as designated by NCEES.

4.1.2.2 If the applicant meets or exceeds these requirements, Board staff may issue a conditional license authorizing that individual to practice engineering in Nebraska if the applicant:

4.1.2.2.1 Files an application with required fee;

4.1.2.2.2 Submits satisfactory evidence of such MLE or MLSE designation to the Board; and

4.1.2.2.3 Passes the Nebraska E&A Act Examination in accordance with Rule 2.4.5.

4.1.2.3 Any information requested on the application with respect to education, experience, examinations, or references may be provided by submitting an NCEES record.

4.1.2.4 A listing of professional engineers issued conditional licenses will be placed on the agenda of the next meeting of the Board for formal approval by the Board.

4.1.3 Jurisdictional Comity

4.1.3.1 An engineering applicant who holds a current and valid license issued by a licensing authority of another jurisdiction that is recognized by the Board may be licensed by Jurisdictional Comity after the applicant:

4.1.3.1.1 Files an application with required fee;

4.1.3.1.2 Submits satisfactory evidence of such licensure to the Board;

4.1.3.1.3 Submits three references from professional engineers indicating good reputation and ethical character. In the event three professional engineers are not available to make such references, the applicant shall submit an explanation for the Board's review;

4.1.3.1.4 Submits verification that the applicant has satisfied the examination requirements set forth in Rule 2.4;

4.1.3.1.5 Submits verification that the applicant has satisfied the education requirements set forth in Rule 2.2;

4.1.3.1.6 Submits four years of engineering experience that is in compliance with the licensing law in the jurisdiction where the practice occurs; and

4.1.3.1.7 Passes the Nebraska E&A Act Examination in accordance with Rule 2.4.5.

4.1.3.2 Any information requested on the application with respect to education, experience, examinations, or references may be provided by submitting an NCEES record.

4.1.3.3 The application will go to the Board for review and final approval.

4.1.4 Comity Licensure by Experience

4.1.4.1 Notwithstanding the requirements of Rule 4.1.3.1, engineers who are licensed by a licensing authority recognized by the Board and who have at least 15 years of licensed professional engineering work experience may be licensed by experience if the engineer:

4.1.4.1.1 Files an application with required fee;

4.1.4.1.2 Submits satisfactory evidence of 15 years of licensed work experience in a discipline acceptable to the Board;

4.1.4.1.3 Provides three references from professional engineers indicating good reputation and ethical character. In the event three professional engineers are not available to make such references, the applicant shall submit an explanation for the Board's review; and

4.1.4.1.4 Passes the Nebraska E&A Act Examination in accordance with Rule 2.4.5.

4.1.4.2 Any information requested on the application with respect to education, experience, or references may be provided by submitting an NCEES record.

4.1.4.3 The application will go to the Board for review and final approval.

4.1.5 Temporary Permit

4.1.5.1 An engineering applicant who holds a current and valid license issued by a licensing authority of another jurisdiction that is recognized by the Board may apply for a Temporary Permit for the purpose of providing engineering service on a single project, not to exceed two years, after the applicant:

4.1.5.1.1 Files an application with required fee;

4.1.5.1.2 Submits satisfactory evidence of such licensure to the Board. Such evidence must be received directly from the licensing authority or NCEES; and

4.1.5.1.3 Passes an examination, prepared and administered by the Board, on the E&A Act, E&A Rules, and practice ethics.

4.1.5.2 The permit will include a template containing the applicant's name, permit number, expiration date, and project name and location.

4.1.5.3 In the event the project lasts longer than two years, the temporary permit holder must obtain a Nebraska license.

4.1.5.4 Engineers holding a temporary permit will use their seal from the state of verified licensure when sealing documents pertaining to the Nebraska project and must accompany this seal with the template issued by the Board.

4.1.5.5 An engineer is eligible for only one temporary permit.

4.1.5.6 Applications for temporary permits may be administratively approved by Board staff but are conditional until formally approved by the Board.

110 Neb. Admin. Code, ch. 4, § 1

Amended effective 4/27/2019

Amended effective 6/7/2021

Amended effective 3/16/2024