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09.23.03 - Board for Professional Engineers - Pending Regulations

 

PROPOSED ACTION ON REGULATIONS
MARYLAND REGISTER, VOLUME 41, ISSUE 13,
FRIDAY, JUNE 27, 2014

Subtitle 23 BOARD FOR PROFESSIONAL ENGINEERS

09.23.03 Code of Ehtics

Authority: Business Occupations and Professions Article, §§14-205, [and] 14-208, and 14-4A-02, Annotated Code of Maryland

Notice of Proposed Action
[14-163-F]

The Board for Professional Engineers proposes to amend Regulation .09 under COMAR 09.23.03 Code of Ethics. This action was considered by the Board at a public meeting held on January 9, 2014, notice of which was given by publication in the Daily Record on December 30, 2013, pursuant to State Government Article, §10-506(c) Annotated Code of Maryland.

Statement of Purpose

The purpose of this action is to clarify the definition of “original signature” to include both handwritten and digital signatures. Licensees place signatures on engineering documents that are submitted to clients and public authorities for permit purposes..

Comparison to Federal Standards

There is no corresponding federal standard to this proposed action.

Estimate of Economic Impact

The proposed action has no economic impact.

Economic Impact on Small Businesses

The proposed action has minimal or no economic impact on small businesses.

Impact on Individuals with Disabilities

The proposed action has no impact on individuals with disabilities.

Opportunity for Public Comment

Comments may be sent to Pamela J. Edwards, Executive Director, Board for Professional Engineers, 500 N. Calvert Street, Room 308, Baltimore, MD 21202, or call 410-230-6262, or email to pam.edwards@maryland.gov, or fax to 410-333-0021. Comments will be accepted through July 30, 2014. A public hearing has not been scheduled.

Open Meeting

Final action on the proposal will be considered by the Board for Professional Engineers during a public meeting to be held on August 14, 2014, at 500 N. Calvert Street, Third Floor Conference Room, Baltimore, MD 21202.

.09 Signing and Sealing Requirements.
  A. A licensee may sign and seal plans, specifications, drawings, reports, or other documents that are required to be signed and sealed pursuant to the Business Occupations and Professions Article, [§14-403] §14-4A-02, Annotated Code of Maryland, only if the following requirements are met:
    (1) — (2) (text unchanged)
  B. — D. (text unchanged)
  E. Original Signature.
    (1) A licensee who prepared or approved documents in accordance with the criteria set forth in this regulation shall place the licensee’s original signature and date of the signature on the documents required to be signed and sealed pursuant to Business Occupations and Professions Article, §14-4A-02, Annotated Code of Maryland.
    (2) For the purposes of this regulation, the term “original signature” means:
      (a) A handwritten signature in permanent ink; or
      (b) A digital signature, which satisfies the following requirements:
        (i) It contains identification unique to a licensee using it, such as the licensee’s name and license number;
        (ii) It is under the exclusive control of the licensee using it;
        (iii) It cannot be repudiated and is independently verifiable; and
        (iv) It is linked to the document in such a manner that the digital signature is invalidated if any data in the document is modified.
  F. Nothing in this regulation is intended to modify any of the requirements applicable to professional certifications or titleblocks more specifically set forth in Regulation .10 of this chapter.

HOWARD C. HARCLERODE
Chair
Board for Professional Engineers