Page 30 - 2022 NYSAPLS Conference Journal
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NYS Education Law
                                    NY     S Education La                           w





              to subdivision six of section seventy-two hundred nine of this article   §7211. Mandatory continuing education for professional engineers.
              may offer to provide or provide professional engineering, land   1.
              surveying or professional geology services only after obtaining a   a. Each licensed professional engineer required under this article
              certificate of authorization from the department. Except as otherwise   to register triennially with the department to practice in this
              authorized by statute, rule or regulation, other business entities are   state shall comply with provisions of the mandatory continuing
              not authorized to offer or provide professional engineering , land   education requirements prescribed in subdivision two of this section
              surveying or professional geology services and may not obtain   except as set forth in paragraphs (b) and (c) of this subdivision.
              certificates of authorization provided that nothing contained herein   Professional engineers who do not satisfy the mandatory continuing
              shall prohibit an individual who is licensed to practice professional   education requirements shall not practice until they have met such
              engineering, land surveying or professional geology under this article   requirements, and have been issued a registration certificate,
              from obtaining a certificate of authorization upon application and   except that a professional engineer may practice without having met
              payment of the appropriate fees provided for under this section.   such requirements if he or she is issued a conditional registration
              *NB Effective March 1, 2018                            certificate pursuant to subdivision three of this section.
           2. Upon application a certificate of authorization shall be issued   b.  Professional engineers shall be exempt from the mandatory continuing
              by the department to all individuals, corporations, limited liability  education requirement for the triennial registration period during which
              companies, limited liability partnerships, partnerships and joint  they are first licensed. In accordance with the intent of this section,
              enterprises specified in subdivision one of this section and which  adjustment to the mandatory continuing education requirement may
              are authorized to provide professional engineering or land surveying  be granted by the department for reasons of health certified by an
              services and pay the appropriate fee.                  appropriate health care professional, for extended active duty with the
           3. A “certificate of authorization” shall authorize such individual,   armed forces of the United States, or for other good cause acceptable
              corporation, limited liability company, limited liability partnership,  to the department which may prevent compliance.
              partnership or joint enterprise to provide professional engineering  c. A licensed professional engineer not engaged in practice as
              or land surveying services for three years from the date of issuance  determined by the department, shall be exempt from the mandatory
                                                                     continuing education requirement upon the filing of a statement with
              subject to, as otherwise prescribed by law, the supervision of the   the department declaring such status. Any licensee who returns
              regents of the university of the state of New York including the power  to the practice of professional engineering during the triennial
              to discipline and impose penalties in the same manner and to the  registration period shall notify the department prior to reentering the
              same extent as is provided with respect to individuals and their  profession and shall meet such mandatory education requirements
              licenses and registration pursuant to this title.      as shall be prescribed by regulations of the commissioner.
           4. An application, triennial renewal, delinquent or replacement  d. Professional engineers directly employed on a full time basis by
              certificate fee must accompany the “certificate of authorization”   the state of New York, its agencies, public authorities, public benefit
              request in the amount shown below. A business entity that fails to   corporations or local governmental units prior to January first, two
              renew its certificate of authorization before the expiration date shall  thousand four and who are represented by a collective bargaining unit
              be required to pay the additional delinquent fee for late filing of ten  or who are designated managerial or confidential pursuant to article
              dollars for each full month it has practiced after the expiration of its  fourteen of the civil service law, at all times when so employed shall
              certificate of authorization.                          be deemed to have satisfied the continuing education requirements of
                 ○ Application fee and first triennial certificate of authorization - $125.00;  this section, provided however that any such licensees who thereafter
              ○ Triennial renewal fee - $75.00;                      leave such employment and enter the practice of professional
              ○ Delinquent fee - $10.00 per month of practice without a   engineering in other capacities in New York, or otherwise engage in
               certificate of authorization;                         such practice, shall satisfy the requirements of this section in such
              ○ Replacement certificate fee - $10.00.                manner as shall be prescribed by regulations of the commissioner.
              All checks shall be made payable to the state department of  2. During each triennial registration period an applicant for registration
              education, state of New York and submitted to the department.  shall complete a minimum of thirty-six hours of acceptable continuing
              If a business enterprise is not eligible to receive a “certificate  education, as specified in subdivision four of this section, provided
              of authorization”, the fee will be retained to cover the costs  that no more than eighteen hours of such continuing education may
              of processing. Triennial renewal fees for all “certificates of  consist of non-course activities. Any professional engineer whose
              authorization” are due and payable on or before the filing date of  first registration date following the effective date of this section occurs
              each triennial registration period.                  less than three years from such effective date, but on or after January
           5. The department shall compile a registry of the holders of all  first, two thousand five, shall complete continuing education hours
              certificates of authorization. Such registry shall include the name  on a prorated basis at the rate of one hour per month for the period
              and address of all registrants, state whether a certificate of   beginning January first, two thousand four up to the first registration date
              authorization has been issued, denied, suspended, or revoked, and  thereafter. A licensee who has not satisfied the mandatory continuing
              disclose whether the certificate is current or expired. Access to the  education requirements shall not be issued a triennial registration
              registry shall be made available electronically without cost. A record  certificate by the department and shall not practice unless and until a
              search of the registry may be obtained in person or by mail provided  conditional registration certificate is issued as provided for in subdivision
              that a fee of ten dollars shall be paid for each putative registrant.  three of this section. With the exception of continuing education hours
                                                                   taken during the registration period immediately preceding the effective
                                                                   date of this section, continuing education hours taken during one
                                                                   triennium may not be transferred to a subsequent triennium.
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