PART 1380 THE PROFESSIONAL ENGINEERING PRACTICE ACT OF 1989 : Sections Listing

TITLE 68: PROFESSIONS AND OCCUPATIONS
CHAPTER VII: DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION
SUBCHAPTER b: PROFESSIONS AND OCCUPATIONS
PART 1380 THE PROFESSIONAL ENGINEERING PRACTICE ACT OF 1989


AUTHORITY: Implementing the Professional Engineering Practice Act of 1989 [225 ILCS 325] and authorized by Section 2105-15(7) of the Civil Administrative Code of Illinois [20 ILCS 2105/2105-15(7)].

SOURCE: Rules and Regulations Promulgated for the Administration of the Illinois Professional Engineering Act, effective March 10, 1976; codified at 5 Ill. Reg. 11055; codified and amended at 5 Ill. Reg. 14171, effective December 3, 1981; emergency amendment at 6 Ill. Reg. 916, effective January 6, 1982, for a maximum of 150 days; amended at 6 Ill. Reg. 7448, effective June 15, 1982; Part repealed at 9 Ill. Reg. 10038, effective June 18, 1985; new Part adopted at 9 Ill. Reg. 10040, effective June 18, 1985; amended at 10 Ill. Reg. 19507, effective November 5, 1986; amended at 11 Ill. Reg. 8767, effective April 20, 1987; recodified from Chapter I, 68 Ill. Adm. Code 380 (Department of Registration and Education) to Chapter VII, 68 Ill. Adm. Code 1380 (Department of Professional Regulation) pursuant to P.A. 85-225, effective January 1, 1988, at 12 Ill. Reg. 2942; amended at 14 Ill. Reg. 247, effective December 28, 1990; amended at 15 Ill. Reg. 17729, effective November 26, 1991; amended at 16 Ill. Reg. 15553, effective September 28, 1992; amended at 18 Ill. Reg. 14737, effective September 19, 1994; amended at 19 Ill. Reg. 16076, effective November 17, 1995; amended at 20 Ill. Reg. 6477, effective April 25, 1996; amended at 21 Ill. Reg. 13839, effective October 1, 1997; amended at 22 Ill. Reg. 16516, effective September 3, 1998; amended at 24 Ill. Reg. 625, effective December 31, 1999; amended at 24 Ill. Reg. 13727, effective August 28, 2000; amended at 26 Ill. Reg. 4688, effective March 11, 2002; amended at 27 Ill. Reg. 13301, effective July 16, 2003; amended at 34 Ill. Reg. 5623, effective March 30, 2010; amended at 36 Ill. Reg. 272, effective January 6, 2012; amended at 39 Ill. Reg. 14859, effective November 13, 2015; amended at 47 Ill. Reg. 876, effective January 5, 2023.

 

Section 1380.210  Approved Engineering Program

 

a)         The Department of Financial and Professional Regulation-Division of Professional Regulation (Division) shall, upon the recommendation of the State Board of Professional Engineers (the Board), approve an engineering program as reputable and in good standing if it meets the following minimum criteria:

 

1)         The educational institution is legally recognized and authorized by the jurisdiction in which it is located to confer a baccalaureate degree in engineering.

 

2)         Faculty

 

A)        The faculty shall have a sufficient number of full-time, or full-time equivalent, instructors to make certain that the educational obligations to the student are fulfilled.  A program at the basic level shall have no fewer than 3 full-time faculty members whose primary commitment is to that program.  If an institution relies on part-time faculty members, it shall demonstrate that, in addition to the commitment of at least 3 full-time equivalent faculty members, effective mechanisms are in place to provide adequate levels of student advising and faculty interaction, and faculty control over the curriculum.

 

B)        The faculty shall have demonstrated competence in their area of teaching as evidenced by appropriate degrees from professional colleges or institutions.  Other evidence of faculty capability includes non-academic engineering experience, experience in teaching, ability to communicate effectively, participation in professional, scientific and other learned societies, licensure as a professional engineer and an interest in students' curricular activities.

 

C)        Teaching loads shall allow time for research and professional development activities.  Stimulation of students' minds requires faculty involvement in scientific and technological development and in instructional innovation.

 

3)         Curriculum

 

A)        The curriculum shall include at least 4 academic years leading to the awarding of the baccalaureate degree while providing integration of the educational experience with the ability to apply the knowledge gained to the identification and solution of practical problems.

 

B)        The overall curriculum shall include a minimum of 120 semester hours or their equivalent (e.g., 180 quarter hours) and shall include at least the following subjects:

 

i)          Mathematics – 15 hours.

Mathematics shall be beyond trigonometry and emphasize mathematical concepts and principles rather than computations.  Coursework in calculus (differential and integral) and differential equations at the baccalaureate level are required.  Remaining coursework may include, but is not limited to, linear algebra, numerical analysis, matrix theory, probability, statistics, and advanced calculus.  Courses in computer usage and/or programming shall not be used to satisfy the mathematics requirement.

 

ii)         Basic Sciences – 15 hours.

Basic sciences must include general chemistry and general calculus-based physics.  Chemistry courses shall make up no less than 5 semester credit hours with at least 1 hour of laboratory experience and physics shall make up no less than 8 semester hours.  Remaining basic science courses may include, but are not limited to, general biological sciences, earth sciences, advanced chemistry, advanced physics, and advanced biology.

 

iii)        Engineering Sciences – 30 hours.

Courses must be taught within the college/faculty of engineering (unless specifically taught by other faculty and the course substantially meets the standards as required by engineering faculty), have their roots in mathematics and basic sciences, and carry knowledge further toward creative application of engineering principles.  Approved engineering courses include, but are not limited to, mechanics, thermodynamics, heat transfer electrical and electronic circuits, material science, transport phenomena engineering economics, and computer science (other than computer programming skills).

 

iv)        Engineering Design – 15 hours.

Coursework involves the conversion of resources to predetermined objectives.  Courses must stress the establishment of objectives and criteria, synthesis, analysis, construction, testing, and evaluation to develop student creativity through open-ended problems and consideration of alternative solutions.  The inclusion of realistic constraints, such as economic factors, safety, aesthetics, ethics, and social impact is appropriate.  Examples of these subjects include design of:  circuits, machines, power networks, process equipment and systems, and water treatment.

 

v)         Humanities/Social Sciences – 15 hours.

Coursework includes subjects in philosophy, history, literature, fine arts, religion, sociology, psychology, political science, economics, and foreign language (other than student’s native language).  Non-traditional courses may include social responsibility and professional ethics.  Subjects such as accounting and management may only satisfy engineering electives and cannot be used to fulfill this course objective.

 

C)        Laboratory experience is essential to an engineering education at both theoretical and practical levels.

 

D)        Computer-based experience shall be included in the program of each student.  The program shall include technical computations, problem solving, data acquisition and usage, process control and computer-assisted design.  The student shall have access to computational facilities in order to integrate these techniques into the program.

 

E)        The program shall require that the student demonstrate competency in both written and oral communication.  Curriculum will include composition courses exploring fundamentals of expository writing.

 

F)         An understanding of ethical, social, economic and safety considerations shall be included in the engineering program.

 

G)        For those institutions that elect to prepare a student to enter the profession at the advanced level, the curriculum shall satisfy the criteria set forth in this Section at the basic level, and shall include at least one year of additional study.  That year shall include at least ⅔ of a year of advanced mathematics, basic sciences, engineering sciences and engineering design.  Of this component, at least ⅓ of a year shall be devoted to engineering design.  The program shall be designed toward a meaningful individual course of study and include thesis, research and/or special projects.

 

4)         Facilities

 

A)        The laboratory facilities shall reflect the requirements of the offered educational program.  The laboratory should provide for individual project work by the students and the faculty.  The facilities shall be equipped with instruments and scientific equipment of a kind and quality to ensure the effective functioning of the laboratory.

 

B)        The libraries in support of the engineering program shall be both technical and nontechnical, to include books, journals and other reference material for collateral reading in connection with the instructional and research programs and professional work.  The library collection shall reflect the existence of an active acquisition policy; this policy shall include specific acquisitions on the request and recommendation of the faculty of the engineering program.  There shall be computer-accessible information centers and inter-library loan services for both books and journals.  The library collections, whether centralized or decentralized, shall be readily available for use with the assistance of trained library staff, or through an open-stack arrangement, or both.

 

C)        There shall be computer facilities accessible to the engineering students and faculty.

 

5)         The institution shall maintain permanent student records that summarize the credentials for admission, attendance, grades and other records of performance.

 

b)         In determining whether a baccalaureate degree program should be approved, the Division shall take into consideration but not be bound by accreditation by the Accreditation Board for Engineering and Technology (ABET).

 

c)         The Division, upon the recommendation of the Board, has determined that baccalaureate degree engineering programs accredited by the Engineering Accreditation Commission (EAC) of ABET meet the minimum criteria set forth in subsection (a) for an approved engineering program and are, therefore, approved, subject to review.

 

1)         The Division, upon the recommendation of the Board, has determined that the signed Mutual Recognition Program agreement between ABET and the Canadian Engineering Accrediting Board (CEAB) of the Canadian Council of Professional Engineers (CCPE) is considered to have met the minimum criteria as equivalent to the EAC/ABET accredited programs and are, therefore, approved, subject to review.

 

2)         The Division, upon the recommendation of the Board, does not recognize ABET "substantially equivalent" programs as meeting the minimum criteria set forth in subsection (a) for an approved engineering program and are, therefore, not approved.

 

d)         The Division, upon the recommendation of the Board, has withdrawn program approval of the following programs accredited by the Engineering Accreditation Commission of ABET.  Subsequent to notification, the Board reviewed the programs and determined that they do not meet the requirements of this Section and are, therefore, no longer approved.  An applicant graduating from any of the following programs will have his or her transcript reviewed on a case-by-case basis to determine if he or she meets Illinois requirements:

 

1)         Purdue University: Geomatic Engineering

 

2)         California State, Fresno: Civil and Geomatic Engineering and Construction, Major in Geomatics

 

3)         Ohio State: Geomatic Engineering

 

4)         New Mexico State: Surveying Engineering

 

5)         Ferris State University: Surveying Engineering

 

6)         University of Maine: Surveying Engineering Technology

 

e)         Withdrawal of Program Approval

 

1)         The following are grounds for withdrawal of approval of an engineering program or a program leading to a degree in basic engineering.

 

A)        Non-compliance with any provisions of the Professional Engineering Practice Act of 1989 [225 ILCS 325] (the Act);

 

B)        Non-compliance with any provision of this Part;

 

C)        Fraud or dishonesty in furnishing documentation for evaluation of the program; or

 

D)        Failure to continue to meet the criteria of an approved program as set out in this Section.

 

2)         If the Board has reason to believe there has been any fraud or dishonesty in the furnishing of any documentation for the evaluation of a program on the part of any licensee, it shall refer such matter to appropriate Division personnel for any disciplinary action which might be appropriate under the Act.

 

3)         A program whose approval is being reconsidered by the Division shall be given 15 days written notice prior to any recommendation by the Board and may either submit written comments or request a hearing before the Board.

 

f)         Evaluation of Newly Submitted Programs

 

1)         An educational institution with a baccalaureate degree program that has not been evaluated will cause to be forwarded to the Division documentation concerning the criteria in this Section.

 

2)         Once the Division has received the documentation or after 6 months have elapsed from the date of application, whichever is later, the Board will evaluate the program based on all documentation received from the school and any additional information the Division has received that will enable the Board to evaluate the program based on the criteria specified in this Section.

 

(Source:  Amended at 47 Ill. Reg. 876, effective January 5, 2023)

 

Section 1380.220  Definition of a Non-approved Program

 

a)         A non-approved program shall be defined as a baccalaureate degree which was gained from an educational institution legally recognized by the jurisdiction in which it is located to confer a baccalaureate degree of at least four years in length, and which meets the education requirements specified in the National Council of Examiners for Engineering and Surveying (NCEES) 2019 Engineering Education Standard.

 

1)         Applicants applying under this Section shall have their education evaluated at their expense by NCEES to verify that the baccalaureate degree meets the education requirements specified in subsection (a).

 

2)         The required evaluation forms may be obtained at NCEES Engineering and Surveying Credentials Evaluations, 200 Verdae Boulevard, Greenville, SC 29607.

 

b)         Educational courses taken to satisfy the NCEES Engineering Education Standard requirements may be completed prior to, concurrent with, or subsequent to receiving the baccalaureate degree.

 

c)         The Division, upon the recommendation of the Board, has determined that an applicant who has gained a baccalaureate degree accredited by the Engineering Technology Accreditation Commission (ETAC) of ABET, and that has the NCEES 2019 Engineering Education Standard is eligible to apply under this Section.  However, engineering technology courses shall not be accepted toward meeting the educational requirements in accordance with this Section and the prescribed education requirements of the NCEES 2019 Engineering Education Standard.

 

(Source:  Amended at 47 Ill. Reg. 876, effective January 5, 2023)

 

Section 1380.230  Approved Experience

 

a)         Each application shall be reviewed by the Division or the Professional Engineer Board (Board) to determine whether the applicant has shown evidence that the professional (non-structural) engineering experience meets the requirements for licensure as described in this Section.  All experience shall have been acquired after conferral of the baccalaureate degree except as provided in subsections (a)(1), (a)(4), and (a)(5).

 

1)         Credit for one year of experience shall be given for completion of graduate study resulting in a master's degree in engineering from a U.S. university, including as part of a combined or dual-degree or co-terminal program where the baccalaureate degree requirements are being met simultaneously with the master’s degree requirements.

 

2)         Credit for two years of experience shall be given for completion of graduate study resulting in a doctor's degree in engineering from a U.S. university.

 

3)         The maximum credit for graduate study shall be 2 years.

 

4)         Credit for one year of experience shall be given for a graduate of a university certified cooperative program.

 

A)        An internship shall not qualify for co-op credit.

 

B)        The co-op program shall consist of supervised industrial or field training to last at least one academic year and alternate with semesters of full-time academic education.

 

C)        Applicants claiming credit for participation shall submit an official transcript reflecting university credit for completion of the co-op program.

 

D)        All experience must be verified, on forms provided by the Division, by the supervising engineer who is licensed as a professional engineer.

 

5)         Credit for professional engineering experience earned PRIOR TO conferral of a baccalaureate degree shall be given if the employment is full-time and if the applicant takes eight or more years to earn the degree as a part-time student, as provided for in Section (10)(b) of the Act.

 

6)         All experience shall be gained under the supervision of a licensed professional engineer or a person legally practicing professional engineering pursuant to Section 3 of the Act who verifies the experience during which the applicant was doing work at a professional level, and the manner in which the work prepares the applicant for licensure as a professional engineer.

 

7)         Credit for all necessary experience shall only be given for actual experience in the practice of professional engineering.  Acceptable experience shall be within the definition of the practice as set forth in Section 4(o) of the Act and shall require the application of technical knowledge and professional engineering principles.

 

8)         The required engineering experience shall require the applicant to demonstrate progressive growth in quality, responsibility, and capability of making independent technical decisions, and be held accountable for the performance of the applicant's duties.

 

9)         Engineering experience that is structural in nature shall not be accepted for the Professional Engineer license as it is outside the scope of practice as set forth in Section 4(o) of the Act.

 

10)       A maximum of three years of experience may be given for full-time teaching of upper division junior/senior courses or graduate courses in an approved engineering program as defined in Section 1380.210.  An academic year of full-time instruction shall be considered equivalent to one year of experience as required for licensure.  Instruction may not be done concurrently while enrolled as a student in an approved engineering program at any level.  Instruction must be documented and certified via affidavit by the department chair or dean of the engineering program.

 

11)       All experience must be verified and submitted on forms provided by the Division or as part of the NCEES Record.

 

12)       Experience gained outside of the U.S. may be accepted and shall be accompanied by certified documents detailing the requirements to legally practice professional engineering in the country and proof that the supervisor met those requirements at the time of supervision.  The applicant, at their expense and if necessary, is responsible for providing translation of documents into English for review by the Board.  A maximum of four years of experience gained in this manner shall be given.

 

b)         A post-graduate degree used to satisfy the educational requirements under Section 1380.220 shall not be eligible for use as experience credit.

 

c)         Experience Requirements

 

1)         For a graduate from an approved program

 

A)        To be enrolled as an Engineer Intern, no experience is required.

 

B)        To be licensed as a Professional Engineer, 4 years of acceptable experience is required.

 

2)         For a graduate from a non-approved program

 

A)        To be enrolled as an Engineer Intern, 4 years of acceptable experience is required.

 

B)        To be licensed as a Professional Engineer, 8 years of acceptable experience is required.

 

(Source:  Amended at 47 Ill. Reg. 876, effective January 5, 2023)

 

Section 1380.240  Application for Fundamentals of Engineering Examination (Repealed)

 

(Source:  Repealed at 47 Ill. Reg. 876, effective January 5, 2023)

 

Section 1380.242  Application for Enrollment as an Engineer Intern by Acceptance of Examination

 

a)         An applicant who is in the senior year of an approved engineering baccalaureate degree program as set forth in Section 1380.210, including as part of a combined or dual-degree or co-terminal program where the baccalaureate degree requirements are being met simultaneously with the master’s degree requirements, shall sit for the Fundamentals of Engineering exam (Part I) and then submit the application provided by the Division, required fee as specified in Section 1380.275, certification of passage of Part I, and an official transcript showing conferral of the degree within 12 months after sitting for the exam.

 

b)         An applicant who is a graduate of an approved engineering baccalaureate degree program as set forth in Section 1380.210, shall sit for the Fundamentals of Engineering exam (Part I) and then submit the application provided by the Division, required fee as specified in Section 1380.275, certification of passage of Part I, and an official transcript showing conferral of the degree.

 

c)         An applicant who is a graduate of a non-approved baccalaureate degree as set forth in Section 1380.220, shall sit for the Fundamentals of Engineering exam (Part I) and then submit the application provided by the Division, required fee as specified in Section 1380.275, certification of passage of Part I, an official NCEES Credential Evaluation as specified in Section 1380.220(a)(1) and experience verification forms completed by the supervisor, indicating the required 4 years of experience as specified in Section 1380.230.

 

1)         Applicants desiring to use post-graduate degrees as experience credit as specified in Section 1380.230 must submit an official conferred transcript for review and acceptance.

 

2)         Applicants claiming credit for participation in a cooperative program, as described in Section 1380.230(a)(4), must submit certification of participation with a brief description of the program, from the university and verification of supervision.

 

d)         Applicants who graduated from a program outside the United States or its territories and whose first language is not English must provide the Division proof of passage of the Test of English as a Foreign Language Internet Based Test (TOEFL-iBT) with a minimum score of 26 on the speaking module and a total minimum integrated score of 88.  In order to determine applicants whose first language is English, the applicant shall submit verification from the school that the program from which the applicant graduated certifying it was taught in English.  However, any applicant who subsequently earned a post-graduate degree in engineering from an accredited educational institution in the United States or its territories shall not be subject to this requirement.

 

e)         Upon receipt of the application and all supporting documentation in complete order:

 

1)         Persons with degrees from an approved engineering program will be enrolled as an Illinois Engineer Intern.

 

2)         Persons with degrees from a non-approved program whose 4 years of acceptable experience is reviewed and approved by the Board, based on the criteria specified in Section 1380.230, shall be enrolled as an Illinois Engineer Intern.

 

f)         Applicants will be deferred enrollment as an Illinois Engineer Intern if:

 

1)         Persons with degrees from an approved engineering program who did not have the baccalaureate degree conferred within 12 months after passage of the Fundamentals of Engineering exam (Part I) shall be deferred enrollment as an Engineer Intern until their education meets the requirements of this Section.

 

2)         Persons with degrees from a non-approved program whose 4 years of experience is reviewed and not approved by the Board, based on the criteria specified in Section 1380.230, shall be deferred enrollment as an Illinois Engineer Intern until their experience meets the requirements of this Section.

 

3)         If an applicant fails to submit all required items for enrollment under the Act within 3 years after filing an application, the application shall expire and be denied.  The applicant may, however, make a new application for enrollment accompanied by the require fee, and furnish proof of meeting the qualifications in effect at the time of new application.

 

(Source:  Amended at 47 Ill. Reg. 876, effective January 5, 2023)

 

Section 1380.245  Application for the Principles and Practice of Engineering Exam (Part II) (Repealed)

 

(Source:  Repealed at 47 Ill. Reg. 876, effective January 5, 2023)

 

Section 1380.250  Application for Licensure as a Professional Engineer by Acceptance of Examination

 

a)         A license applicant shall have satisfied the education requirement as specified in Section 1380.210 or Section 1380.220, acquired the experience required by Section 1380.230 and passed the Fundamentals of Engineering (Part I) and the Principles and Practice of Engineering (Part II) examinations in compliance with Section 1380.260 prior to applying to the Division.

 

b)         A license applicant shall satisfy one of the following when applying:

 

1)         Applicant Enrolled as an Illinois Engineer Intern.

An applicant who is enrolled with the Division as an Illinois engineer intern shall file an application on forms provided by the Division and shall include, in addition the requirements of Section 8 of the Act, the required fee specified in Section 1380.275 and the following:

 

A)        An official copy of his or her Illinois Engineer Intern certificate indicating prior Board approval of the baccalaureate degree and passage of Part I of the required examinations.

 

B)        Official certification for successful passage of Part II of the examination requirement as specified in Section 1380.260.

 

C)        Experience verification forms completed by the supervisor, indicating the required experience earned as specified in Section 1380.230.

 

i)          Applicants desiring to use post-graduate degrees as experience credit as specified in Section 1380.230 must submit an official conferred transcript for review and acceptance.

 

ii)         Applicants claiming credit for participation in a cooperative program, as described in Section 1380.230(a)(4), must submit certification of participation with a brief description of the program, from the university and verification of supervision.

 

D)        In lieu of the documentation specified in subsection (b)(1)(A), (B), and (C), an applicant may submit a current NCEES Record.

 

2)         Applicant Not Enrolled as an Illinois Engineer Intern.

An applicant not enrolled as an Illinois engineer intern shall file an application on forms provided by the Division and shall include, in addition to the requirements of Section 8 of the Act, the required fee specified in Section 1380.275 and the following:

 

A)        An official transcript showing conferral date for a degree from an approved engineering program as specified in Section 1380.210, or an official NCEES Credential Evaluation for a degree from a non-approved program verifying the degree meets the requirements specified in Section 1380.220(a).

 

B)        Certification of successful passage of Part I and Part II of the examination requirements as specified in Section 1380.260.

 

C)        Experience verification forms completed by the supervisor, indicating the required experience earned as specified in Section 1380.230.

 

i)          Applicants desiring to use post-graduate degrees as experience credit as specified in Section 1380.230 must submit an official conferred transcript for review and acceptance.

 

ii)         Applicants claiming credit for participation in a cooperative program, as described in Section 1380.230(a)(4), must submit certification of participation with a brief description of the program, from the university and verification of supervision.

 

D)        In lieu of the documentation specified in subsection (b)(2)(A), (B), and (C), an applicant may submit a current NCEES Record.

 

c)         Applicants who graduated from a program, who graduated from a program outside the United States or its territories and whose first language is not English must provide the Division proof of passage of the Test of English as a Foreign Language Internet Based Test (TOEFL-iBT) with a minimum score of 26 on the speaking module and a total minimum integrated score of 88.  In order to determine applicants whose first language is English; the applicant shall submit verification from the school that the program from which the applicant graduated was taught in English.  However, any applicant who subsequently earned a post-graduate degree in engineering from an accredited educational institution in the United States or its territories shall not be subject to this requirement.

 

d)         Upon receipt of the application and all supporting documentation in complete order, the applicant's file will be reviewed by the Division for evaluation of the required experience as specified in Section 1380.230.  Upon submitting an application with proof of satisfying the education requirements under Section 1380.210 or Section 1380.220, proof of passing both examinations, and acceptable experience, the applicant, if otherwise qualified, shall be granted a license to practice professional engineering in this State.

 

e)         Applicants will be deferred licensure as a professional engineer if:

 

1)         Applicants whose experience is reviewed and not approved by the Board, based on the criteria specified in Section 1380.230, shall be deferred licensure as a professional engineer until the experience meets the requirements.

 

2)         If an applicant fails to submit all required items for licensure under the Act within 3 years after filing an application, the application shall expire and be denied.  The applicant may, submit a new application for licensure accompanied by the required fee, and furnish proof of meeting the qualifications for licensure in effect at the time of new application.

 

(Source:  Amended at 47 Ill. Reg. 876, effective January 5, 2023)

 

Section 1380.260  Examination

 

a)         Examinations for licensure are administered in a computer-based format.  Applicants may attempt a particular NCEES exam one time per testing window and no more than three times in a 12-month approval period, which begins with the examinee’s first attempt.  Applicants must apply and register directly with the exam administrator to sit for the examinations and then apply to the Division upon successful passage.

 

b)         The examination for licensure as a professional engineer shall be divided into two Parts. If an applicant wishes only to be enrolled as an Engineer Intern, and if the applicant otherwise qualifies under Section 1380.242, the applicant shall be required to take only Part I of the examination.

 

1)         Part I – Fundamentals of Engineering Examination shall consist of problems or other examining techniques designed to evaluate the applicant's knowledge of the basic and engineering sciences and related subjects normally considered as the fundamentals of an engineering education.

 

2)         Part II – Principles and practice of Engineering Examination shall consist of problems or other examining techniques relating to designs in or to the practice of professional engineering as described in Section 4(o) of the Act.  The Structural I, Structural II, and 16-hour Structural examinations shall not satisfy the examination requirement for Part II.

 

c)         The examination administered by the Division shall be provided by the National Council of Examiners for Engineering and Surveying (NCEES). The specific examination content, length and method of administration shall be as determined by periodic evaluations of the test specifications by NCEES.

 

d)         Part I of the examination will be waived for an applicant who is licensed as a structural engineer and who received such license by passing the fundamentals of engineering examination administered under the Structural Engineering Licensing Act of 1989 [225 ILCS 340].

 

e)         The scoring of the examinations and determination of scores shall be as approved by NCEES.  Separate scores shall be given for Part I and Part II and shall be reported as pass or fail.

 

f)         An applicant who sits for both Parts I and II of the examination and passes only Part I shall be eligible to be enrolled as an Engineer Intern.

 

g)         Retake of Examination

 

1)         Applicants shall be required to retake only the Parts on which a passing score was not achieved.

 

2)         If an applicant neglects, fails without an approved excuse, or refuses to take the next available examination offered for licensure under this Act within 3 years after filing the application, the fee paid by the applicant shall be forfeited and the application denied.  If an applicant fails to pass an examination for licensure under this Act within 3 years after filing the application, the application shall be denied.  However, such applicant may thereafter make a new application for examination, accompanied by the required fee (Section 9(b) of the Act). New applications shall include proof of meeting the qualifications for examination in effect at the time of the new application except as provided in subsection (h).

 

h)         Successful scores of previously passed Parts of the examination shall be accepted for the purposes of licensure provided the applicant has met all other requirements for licensure as outlined in the Act.  For such purposes, the most recent score on a Part shall be the score of record.  In no circumstances shall the Division accept a previous passing score on a Part for an applicant whose score of record is a failing score.

 

i)          A candidate who fails an examination may not review his/her examination booklet or the associated answer sheets.  Rescoring of the examination or any individual problem is not permitted; however, a retabulation of the numerical score will be permitted for paper examinations but no retabulation of a computer based examination is allowed.

 

j)          If an applicant has failed an examination, the examination may not be waived for licensure.

 

(Source:  Amended at 47 Ill. Reg. 876, effective January 5, 2023)

 

Section 1380.270  Restoration

 

a)         A licensee seeking restoration of a license which has expired for 5 years or less shall have the license restored upon application on forms provided by the Division and payment of the required fee specified in Section 1380.275 and proof of 30 professional development hours in accordance with Section 1380.325 completed within 2 years prior to the date of submitting the restoration application.

 

b)         A licensee seeking restoration of a license which has been placed on inactive status for 5 years or less shall have the license restored upon application to the Division and payment of the current renewal fee specified in Section 1380.275 and proof of successful completion of 30 professional development hours in accordance with Section 1380.325 completed within 2 years prior to the date of submitting the restoration application.

 

c)         A licensee seeking restoration of a license after it has expired or been placed on inactive status for more than 5 years shall file an application on forms provided by the Division for review by the Division, together with proof of successful completion of 30 professional development hours in accordance with Section 1380.325 completed within 2 years prior to the date of submitting the restoration application and the fee required by Section 1380.275.  The licensee shall also submit one of the following:

 

1)         Sworn evidence of active practice in another jurisdiction for at least the last 2 years.  Such evidence shall include a statement from the appropriate board or licensing authority in the other jurisdiction that the licensee was authorized to practice during the term of said active practice;

 

2)         An affidavit attesting to military service as provided in Section 17 of the Act;

 

3)         Proof of passage of Part II of the examination provided in Section 1380.260 within the 5 years preceding restoration; or

 

4)         Other evidence of continued competence in professional engineering.  Evidence shall be satisfied by one of the following:

 

A)        Employment in a responsible capacity by a licensed professional engineer as determined by the Board;

 

B)        Lawfully practicing professional engineering as an employee of a governmental agency; or

 

C)        Teaching professional engineering courses in a college or university or educational programs.

 

d)         Any person seeking restoration of a license within 2 years after discharge from military service pursuant to Section 17 of the Act will be required to pay only the current renewal fee.

 

e)         A certification attesting the applicant has read and understands the Act and this Part.

 

f)         When the accuracy of any submitted documentation, of the relevance or sufficiency of the course work or experience is questioned by the Division because of discrepancies or conflicts in information, information needing further clarification, and/or missing information, the licensee seeking restoration of his or her license will be requested to:

 

1)         provide such information as may be necessary and/or

 

2)         appear for an interview before the Board when the information available to the Board is insufficient to evaluate the individual's current competency to practice under the Act.  Upon recommendation of the Board, and approval by the Director of the Department of Financial and Professional Regulation-Division of Professional Regulation (Director), an applicant shall have his or her license restored or will be notified of the reason for the denial of such application for restoration.

 

g)         If an applicant is denied restoration under subsection (c)(4), the applicant's license may be restored by taking and passing Part II of the examination as provided in Section 1380.260.

 

h)         A professional design firm seeking restoration of a registration that has expired for any length of time shall have the license restored upon payment of the restoration fee as specified in Section 1380.275 plus any lapsed renewal fee required by Section 1380.275 and submitting proof of the following:

 

1)         Certificate of Good Standing from the Illinois Secretary of State or a copy of the letter or certificate received from the county clerk where an assumed name has been filed.

 

2)         Proof that the managing agent-in-charge is still a full-time employee or a resolution appointing a new managing agent.

 

(Source:  Amended at 47 Ill. Reg. 876, effective January 5, 2023)

 

Section 1380.275  Fees

 

The following fees shall be paid to the Department and are not refundable:

 

a)         Application Fees

 

1)         The fee for application for a license as a professional engineer is $100.

 

2)         The application fee for a certificate of enrollment as an engineer intern is $20.

 

3)         The application fee for a certificate of registration as a professional design firm is $75.

 

4)         In addition, applicants for an examination shall be required to pay, either to the Department or to the designated testing service, a fee covering the cost of determining an applicant's eligibility and providing the examination. Failure to appear for the examination on the scheduled date, at the time and place specified, after the applicant's application for examination has been received and acknowledged by the Department or the designated testing service, shall result in the forfeiture of the examination fee.

 

b)         Renewal Fees

 

1)         The fee for the renewal of a license shall be calculated at the rate of $30 per year.

 

2)         The fee for renewal of a certificate of registration as a professional design firm is $75 for the renewal period (see Section 1380.310(c)).

 

c)         General Fees

 

1)         The fee for the restoration of a license other than from inactive status is $50 plus payment of all lapsed renewal fees.

 

2)         There is no charge for the issuance of a replacement license for a license that has been lost or destroyed, or for issuance of a license with a change of name or address.  Licenses are available electronically through the Department's website.

 

3)         The fee for a certification of a licensee's record for any purpose is $20.

 

4)         The fee to have the scoring of an examination administered by the Division reviewed and verified is $20 plus any fee charged by the testing service.

 

d)         Additional Fees

 

1)         Any person who delivers a check or other payment to the Department that is returned to the Department unpaid by the financial institution upon which it is drawn shall pay to the Department, in addition to the amount already owed to the Department, a fee of $50.

 

2)         If the check or other payment was for a renewal or issuance fee and that person practices without paying the renewal fee or issuance fee and the fee for a returned check, an additional fee of $100 shall be imposed.

 

3)         The fees imposed by this Section are in addition to any other discipline provided under the Act for unlicensed practice or practice on a nonrenewed license.  The Division will notify the person that fees shall be paid to the Department by certified check or money order within 30 calendar days after the notification.

 

4)         If, after the expiration of 30 days from the date of the notification, the person has failed to submit the necessary remittance, the Division will automatically terminate the license or certificate or deny the application without hearing.

 

5)         If, after termination or denial, the person seeks a license or certificate, he or she shall apply to the Division for restoration or issuance of the license or certificate and pay all fees due to the Department. The Department may establish a fee for the processing of an application for restoration of a license or certificate to pay all expenses of processing this application.

 

6)         The Director may waive the fees due under this Section in individual cases when the Director finds that the fees would be unreasonable or unnecessarily burdensome.

 

e)         All of the fees collected pursuant to this Section shall be deposited in the Design Professionals Administration and Investigation Fund.  (See Section 20(c) of the Act.)

 

(Source:  Amended at 47 Ill. Reg. 876, effective January 5, 2023)

 

Section 1380.280  Endorsement

 

a)         Any person who holds an unexpired certificate of registration or license to practice professional engineering, issued under the laws of another state or territory of the United States or the District of Columbia and who desires to become licensed by endorsement shall file an application, on forms provided by the Division, together with:

 

1)         The required fee specified in Section 1380.275.

 

2)         Proof of meeting requirements substantially equivalent to those in force in this State at the time of original or subsequent licensure by examination in the other jurisdiction, including official conferred college transcripts, and verification of experience.

 

3)         A certification by the jurisdiction of original licensure and certification of current licensure from the jurisdiction of predominant active practice including the following:

 

A)        The time during which the applicant was licensed in that jurisdiction, including the date of the original issuance of the license;

 

B)        The basis of licensure and a description of all licensure examinations by which the applicant was licensed in that jurisdiction and the date of successful passage of the examinations; and

 

C)        Whether the records of the licensing authority contain any record of disciplinary action taken or pending against the applicant.

 

4)         If the qualifications of the applicant at the time of original licensure did not meet the requirements in effect at that time for licensure in this State, the applicant may submit additional certifications from other jurisdictions to indicate meeting the qualifications in effect in this State at the time of any later licensure.

 

5)         In lieu of the documentation specified in subsections (a)(2), (3) and (9), an applicant may submit a current NCEES Record.

 

6)         Non-approved program applicants shall, at their expense, submit an NCEES Credential Evaluation that verifies their degree meets the requirements specified in Section 1380.220(a).  Applicants shall obtain the forms from NCEES Engineering and Surveying Credentials Evaluations, 200 Verdae Boulevard, Greenville, SC 29607.

 

7)         Applicants who graduated from a program outside the United States or its territories and whose first language is not English must provide the Division proof of passage of the Test of English as a Foreign Language Internet Based Test (TOEFL-iBT) with a minimum score of 26 on the speaking module and a total minimum integrated score of 88.  In order to determine applicants whose first language is English; the applicant shall submit verification from the school that the program from which the applicant graduated was taught in English.  However, any applicant who subsequently earned a post-graduate degree in engineering from an accredited educational institution in the United States or its territories shall not be subject to this requirement.

 

8)         The Division may, in individual cases, upon the recommendation of the Board, waive a portion of the examination requirements after consideration of the quality of an applicant's engineering education and experience, including whether he or she has graduated from an approved engineering program, has achieved special honors or awards, has had articles published in professional journals, has participated in the writing of textbooks relating to professional engineering, and any other attribute which the Board accepts as evidence that such applicant has outstanding and proven ability in the practice of professional engineering.

 

9)           Acceptable Experience: Applicants for endorsement having obtained the following acceptable experience, in accordance with Section 1380.230, shall be considered in compliance with the experience requirements of Section 10 of the Act:

 

A)        Under Section 10(a) of the Act, at least 4 years of acceptable experience after receipt of the baccalaureate degree, or

 

B)        Under Section 10(b) of the Act, at least 8 years of acceptable experience after receipt of the baccalaureate degree.

 

10)         Appendix A of this Part outlines the licensure requirements in force during various periods and should be consulted by the applicant to aid in the evaluation of his/her qualifications.

 

b)         The Division shall examine each endorsement application to determine whether the qualifications of the applicant at the time of original or subsequent licensure were substantially equivalent to the requirements then in force in this State. 

 

c)         When the accuracy of any submitted documentation listed in subsection (a), or the relevance or sufficiency of the course work or experience is questioned by the Division or the Board, because of lack of information, discrepancies or conflicts in information given or a need for clarification, the applicant seeking a license will be requested to provide such information as may be necessary and appear for an oral interview before the Board.

 

d)         The Division shall either issue a license by endorsement to the applicant or notify such applicant of the reasons for the denial of the application.  An applicant not qualified for licensure by endorsement will automatically be reviewed under the provisions of Section 1380.250.

 

(Source:  Amended at 47 Ill. Reg. 876, effective January 5, 2023)

 

Section 1380.285  Inactive Status

 

a)         Any licensed professional engineer who notifies the Division in writing on forms prescribed by the Division may elect to place his or her license on inactive status and shall be excused from the payment of renewal fees until he or she notifies the Division in writing of his or her desire to resume active status.

 

b)         Any licensee seeking restoration from inactive status shall do so in accordance with Section 1380.270 of this Part.

 

c)         Any licensed professional engineer whose license is on inactive status shall not practice engineering in the State of Illinois.  Practicing or offering to practice on a license which is on inactive status shall be considered unlicensed activity and shall be grounds for discipline pursuant to Section 24 of the Act.

 

d)         Inactive status is not available for a Professional Design Firm.

 

(Source:  Amended at 47 Ill. Reg. 876, effective January 5, 2023)

 

Section 1380.290  Professional Design Firm

 

a)         Persons who desire to practice professional engineering in this State in the form of a corporation, professional service corporation, partnership, professional limited liability company, limited liability company, limited liability partnership, or sole proprietorship (if the sole proprietorship is conducting or transacting business under an assumed name in accordance with the Assumed Business Name Act [805 ILCS 405]) shall, in accordance with Section 23 of the Act, file an application with the Division, on forms provided by the Division, together with the following:

 

1)         For Corporations or Professional Service Corporations (registration as a professional design firm shall meet the registration requirements of Section 12 of the Professional Service Corporation Act [805 ILCS 10/12]):

 

A)        The name of the corporation and its registered address, the names of all members of the board of directors, and the name of the state and license number for each director who is a licensed design professional.

 

B)        A copy of the Articles of Incorporation bearing the seal of the office, in the jurisdiction in which the Corporation is organized, whose duty it is to register corporations under the laws of that jurisdiction.  If it is a foreign corporation, a copy of the certificate of authority to transact business in this State issued by the Secretary of State is also required.  The purpose clause of the Articles of Incorporation or certificate of authority shall designate that the corporation is authorized to provide professional engineering services. Each corporation shall remain active and in good standing with the Secretary of State in order to maintain a professional design firm registration.

 

C)        A signed and dated resolution of the board of directors of the corporation designating a regular full-time employee of the corporation who is an Illinois licensed professional engineer as the managing agent in charge of the professional engineering activities in Illinois.  The Illinois license number of the professional engineer designated as the managing agent shall also be included in the resolution.

 

D)        A copy of the authority to transact business under the Assumed Business Name Act issued by the Secretary of State for any assumed names of the corporation, if applicable.

 

E)        A certificate of good standing from the Secretary of State and a copy of the latest annual report, if applicable.

 

2)         For Partnerships:

 

A)        General

 

i)          A copy of the signed and dated partnership agreement authorizing the partnership to provide professional engineering services.  The agreement shall contain the name of the partnership, its business address and the names of all general partners.  The name of the state in which each partner is licensed as a design professional and the license number shall be listed on the application.

 

ii)         A signed and dated resolution of the general partners designating a regular full-time employee of the partnership who is an Illinois licensed professional engineer as the managing agent in charge of the professional engineering activities in this State.  The license number of the managing agent shall be included in the resolution.

 

iii)        A copy of the partnership documentation bearing the stamp of the county clerk where the partnership has been filed.

 

iv)        A letter or certificate from the county clerk where an assumed name has been filed, if applicable.

 

B)        Limited Partnership

 

i)          A copy of the signed and dated partnership agreement indicating that it has been filed with the Secretary of State authorizing the partnership to provide professional engineering services.  The partnership agreement shall contain the name of the partnership, its business address and the name of each partner.  The name of the state in which each partner is licensed as a design professional and the license number shall be listed on the application.

 

ii)         A signed and dated resolution adopted by the partners designating a full-time employee of the partnership who is an Illinois licensed professional engineer in this State as the managing agent in charge of the professional engineering services.  The Illinois license number of the professional engineer designated as the managing agent shall also be included in the resolution.

 

iii)        A certificate of good standing from the Secretary of State and a copy of the latest annual report, if applicable.

 

iv)        A copy of the authority to transact business under the Assumed Business Name Act issued by the Secretary of State for any assumed names of the partnership, if applicable.

 

3)         For Professional Limited Liability Companies, Limited Liability Companies, or Limited Liability Partnerships:

 

A)        An application containing the name of the professional limited liability company, limited liability company, or partnership, the business address and the members/partners of the company/partnership, the name of the state in which each is licensed and the license number of each design professional who is a member or partner.

 

B)        A signed and dated resolution of the members or partners designating a regular full-time employee of the company who is an Illinois licensed professional engineer as the managing agent in charge of the professional engineering activities in this State.  The license number of the managing agent shall also be included in the resolution.

 

C)        A copy of the operating agreement or partnership agreement filed with the Secretary of State stating the company or partnership is authorized to offer professional engineering services.

 

D)        A copy of the authority to transact business under the Assumed Business Name Act issued by the Secretary of State for any assumed names of the professional limited liability company, limited liability company, or partnership, if applicable.

 

E)        A certificate of good standing from the Secretary of State and a copy of the latest annual report, if applicable.

 

4)         For Sole Proprietorships with an Assumed Name:

 

A)        An application containing the name of the sole proprietorship and its business address and the name and Illinois license number of the professional engineer who owns and operates the business.

 

B)        A letter or certificate from the county clerk where an assumed name has been filed.

 

5)         A list of all Illinois office locations at which the corporation, professional service corporation, professional limited liability company, limited liability company/partnership, partnership or sole proprietorship provides engineering services.

 

6)         The fee required in Section 1380.275.

 

b)         A professional design firm may designate more than one managing agent in charge of professional engineering activities. However, a licensee designated as the managing agent may not serve as a managing agent for more than one corporation, professional service corporation, professional limited liability company, limited liability company/partnership, or partnership doing business in Illinois.

 

c)         Upon receipt of the documents listed in subsection (a) and review of the application, the Division shall issue a registration authorizing the corporation, professional service corporation, professional limited liability company, limited liability company/partnership, partnership, or sole proprietorship to engage in the practice of professional engineering or notify the applicant of the reason for the denial of the application.

 

d)         Each corporation, professional service corporation, professional limited liability company, limited liability company/partnership, partnership, or sole proprietorship shall be responsible for notifying the Division within 30 days after any changes in:

 

1)         The membership of the board of directors, members/partners of the professional limited liability company, limited liability company/partnership, or the general partners;

 

2)         The licensure status of the general partners, members/partners of the professional limited liability company, limited liability company/partnership, or any of the licensed design professional members of the board of directors; and

 

3)         An assumed name.

 

e)         Each corporation, professional service corporation, professional limited liability company, limited liability company/partnership, or partnership shall be responsible for notifying the Division, in writing, by certified mail, within 10 business days after the termination or change in status of the managing agent.  Thereafter, the corporation, professional service corporation, professional limited liability company, limited liability company/partnership, or partnership, if it has so informed the Division, has 30 days to notify the Division of the name and license number of the professional engineer licensed in Illinois who is the newly designated managing agent.

 

f)         Any failure to notify the Division as required in subsections (d) and (e) or any failure of the corporation, professional service corporation, professional limited liability company, limited liability company/partnership, or partnership to continue to comply with the requirements of Section 23 of the Act will subject the corporation, limited liability company or partnership to the loss of its registration to practice professional engineering in Illinois.

 

g)         Sole Proprietorships.  A sole proprietorship who is conducting or transacting business under the real name of the professional engineer who has an active Illinois license will not be required to file an application and comply with the requirements set forth in this Section.  However, if the sole proprietorship operates under an assumed name, the sole proprietor shall file an application in accordance with subsection (a)(4).  Any sole proprietorship not owned and operated by an Illinois licensed professional engineer shall be prohibited from offering professional engineering services to the public.

 

h)         In addition to the seal requirements in Section 14 of the Act, all documents or technical submissions prepared by the design firm shall contain the design firm registration number issued by the Division.

 

(Source:  Amended at 47 Ill. Reg. 876, effective January 5, 2023)

 

Section 1380.295  Seal and Signature Requirements

 

a)         Every licensed professional engineer shall have a reproducible seal or facsimile, which may be computer generated, the impression of which shall contain the name, the license number of the professional engineer, and the words "Licensed Professional Engineer of Illinois".  A professional engineer shall seal all documents prepared by or under the direct supervision and control of the professional engineer.  Any document that bears the name of a professional design firm, rather than bearing the name of the individual licensed professional engineer responsible for the document, shall be deemed an invalid seal.  The individual licensee's written signature and date of signing, along with the date of license expiration, shall be placed adjacent to the seal.  The licensee may provide, at his or her sole discretion, an original signature in the licensee's handwriting, a scanned copy of the document bearing an original signature, or a signature generated by a computer.

 

b)         All technical submissions issued by a professional engineering firm, corporation,
professional limited liability company, limited liability company or partnership are required to bear the corporate or assumed business name and design firm registration number, in addition to the seal requirements.

 

c)         A suggested facsimile of the design and lettering of the seal is found in Section 1380.ILLUSTRATION A.

 

(Source:  Amended at 47 Ill. Reg. 876, effective January 5, 2023)

 

Section 1380.296  Acts Constituting the Practice of Professional Engineering Pursuant to Section 4 of the Act

 

a)         The term "technical submissions" is defined by the Board as including, but not limited to, documents submitted for approval to any authority having jurisdiction, and means designs, drawings and specifications that establish the standards of quality for materials, workmanship and equipment and the construction systems, studies and other technical reports prepared in the course of a design professional's practice.

 

b)         Design/Build

The design/build project delivery process is a method whereby an entity signs a single contract to provide a combination of professional engineering and construction services.

 

c)         The design/build entity will not be required to register as a professional design firm pursuant to Section 23 of the Act only if the services in the design/build project delivery process are provided by the entity in accordance with the following:

 

1)         A professional engineer licensed or a professional design firm registered in Illinois independently contracts with the entity and participates substantially in all material aspects of the offering and providing of services relating to any bid process, contract negotiations, design, consultation, development, preparation and coordination of technical submissions, and verification of adherence to technical submissions and completion.

 

2)         At the time of offering services, a written disclosure shall be given to the client by the entity identifying the licensed professional engineer who will be engaged by and is contractually responsible to the entity offering design/build project services.

 

3)         The entity agrees that the licensed professional engineer will have direct supervision of the professional engineering work and the engineering services will not be terminated on the project without immediate replacement by another licensed professional engineer mutually agreed to by the client and the entity.

 

d)         A design/build entity shall not offer to provide or provide professional engineering services, unless the design/build entity is an Illinois licensed professional engineer or professional design firm.  Offering to provide professional engineering services shall include, but shall not necessarily be limited to, any tender of professional engineering services either independently or in combination with construction services by any sign, card, advertisement or other device that might indicate to the public that the entity is entitled to provide professional engineering services.

 

(Source:  Amended at 47 Ill. Reg. 876, effective January 5, 2023)

 

Section 1380.300  Standards of Professional Conduct

 

To safeguard the health, safety, and welfare of the public and to maintain integrity and high standards of skill and practice of professional engineering, the following standards of professional conduct shall be binding on every licensee and on all Professional Design Firms authorized to offer or perform professional engineering services in Illinois.

 

a)         A Licensee’s Obligation to the Public

 

1)         Licensees shall be cognizant that their first and foremost responsibility is to safeguard the health, safety and welfare of the public when performing services for clients and employers.

 

2)         Licensees shall sign and seal only those plans, surveys, and other documents that conform to accepted professional engineering standards and that safeguard health, safety, and welfare of the public.

 

3)         Licensees shall notify their employer or client and any other authority as may be appropriate when their professional judgment is overruled when the health, safety, or welfare of the public is endangered.

 

4)         Licensees shall, to the best of their knowledge, include all relevant and pertinent information in an objective and truthful manner within all professional documents, statements, and testimony.

 

5)         Licensees shall express a professional opinion publicly only when it is founded upon an adequate knowledge of the facts and a competent evaluation of the subject matter.

 

6)         Licensees shall issue no statements, criticisms, or arguments on professional engineering matters that are inspired or paid for by interested parties, unless they explicitly identify the interested parties on whose behalf they are speaking and reveal any interest they have in the matters.

 

7)         Licensees shall not partner, practice, or offer to practice with any person or firm that they know is engaged in fraudulent or dishonest business or professional practices.

 

8)         Licensees who have knowledge or reason to believe that any person or firm has violated any rules or laws applying to the practice of professional engineering shall report it to the Division, may report it to appropriate legal authorities, and shall cooperate with the Division and those authorities as requested.

 

9)         Licensees shall not knowingly provide false or incomplete information regarding an applicant in obtaining licensure.

 

10)       Licensees shall comply with the licensing laws and rules governing the professional engineering profession in each of the jurisdictions in which they practice.

 

b)         Licensee’s Obligation to Employer and Clients

 

1)         Licensees shall undertake assignments only when qualified by education or experience in the specific technical field of professional engineering involved.

 

2)         Licensees shall not affix their signatures or seals to any plans, specifications, or other documents dealing with subject matter in which they lack competence, nor to any such plans, specifications, or other documents not prepared under their direct supervisory control.

 

3)         Licensees may accept assignments and assume responsibility for coordination of an assignment outside of their field of competence if each technical segment is signed and sealed by the licensee responsible for preparation of that technical segment.

 

4)         Licensees shall not reveal facts, data, or information obtained in a professional capacity without the prior consent of the client, employer, or public body on which they serve except as authorized or required by the Act or this Part.

 

5)         Licensees shall not solicit or accept gratuities, directly or indirectly, from contractors, their agents, or other parties in connection with work for employers or clients.

 

6)         Licensees shall disclose to their employers or clients all known or potential conflicts of interest or other circumstances that could influence or appear to influence their judgment or the quality of their professional service or engagement.

 

7)         Licensees shall not accept compensation, financial or otherwise, from more than one party for services pertaining to the same project, unless the circumstances are fully disclosed and agreed to in writing by all interested parties.

 

8)         Licensees shall not solicit or accept a professional contract from a governmental body on which a principal or officer of their organization serves as a member.  Conversely, licensees serving as members, advisors, or employees of a government body or department, who are the principals or employees of a private entity, shall not participate in decisions with respect to professional services offered or provided by that entity concern to the governmental body that they serve.

 

9)         Licensees shall not use confidential information received in the course of their assignments as a means of making personal profit without the consent of the party from whom the information was obtained.

 

c)         Licensee’s Obligation to Other Licensees

 

1)         Licensees shall not falsify or permit misrepresentation of their, or their firm’s professional qualifications.  They shall not misrepresent or exaggerate their degree of responsibility in prior assignments nor the complexity of said assignments.  Presentations incidental to the solicitation of employment or business shall not misrepresent pertinent facts concerning employers, employees, subconsultants, joint ventures, or past accomplishments.

 

2)         Licensees shall not offer, give, solicit, or receive, either directly or indirectly, any commission, or gift, or other valuable consideration in order to secure work, and shall not make any political contribution with the intent to influence the award of a contract by public authority.

 

3)         Licensees shall not injure or attempt to injure, maliciously or falsely, directly or indirectly, the professional reputation, prospects, practice, or employment of other licensees, nor indiscriminately criticize other licensees’ work.

 

4)         Licensees shall make a reasonable effort to inform another licensee whose work is believed to contain a material discrepancy, error, or omission that may impact the health, safety, or welfare of the public, unless such reporting is legally prohibited.

 

(Source:  Amended at 47 Ill. Reg. 876, effective January 5, 2023)

 

Section 1380.305  Professional Engineer Complaint Committee

 

a)         The Professional Engineer Complaint Committee of the State Board of Professional Engineers authorized by Sections 7 and 26 of the Act shall be composed of 2 members the State Board of Professional Engineers, a Supervisor over Design Investigations and a Chief of Prosecutions over Design Prosecutions.  The Director of Enforcement shall designate the Supervisor and Chief assigned to the Complaint Committee.

 

b)         The Complaint Committee shall meet at least once every 2 months to exercise its functions and duties set forth in subsection (c).  The Complaint Committee may meet concurrently with the Complaint Committees of the Architecture Licensing Board, Land Surveyors Examining Board and the Structural Engineering Board to discuss interrelated professional matters.  The Complaint Committee shall make every effort to consider expeditiously and take prompt action on each case file.

 

c)         The Complaint Committee shall have the following duties and functions:

 

1)         To review investigative case files after an initial inquiry into the involved parties and their licensure status have been obtained.  "Case file" means the allegation made against an involved party that resulted in a preliminary inquiry and other information being obtained in order to determine whether an investigation should be initiated or prosecution pursued.  A "Formal Complaint" means the notice of allegations and charges or basis for licensure denial which begins the formal proceedings.

 

2)         To refer the case file to the Supervisor over the Design Investigators for further action.  The Complaint Committee shall give the Supervisor an indication as to the prosecutorial merit and relative severity of the allegations to aid in the prioritization of investigative activity.

 

3)         To recommend that a case file be closed.

 

4)         To recommend that an Administrative Warning Letter be issued and the case file closed.

 

5)         To refer the case file to Prosecutions for review and action.

 

6)         To report the actions of the Complaint Committee at each Board meeting and to present enforcement statistics such as the type of alleged violation.

 

d)         In determining what action to take or whether to proceed with investigation and prosecution of a case file, the Complaint Committee shall consider the following factors, but not be limited to:  the effect on the public's health, safety and welfare; the sufficiency of the evidence presented; prosecutorial merit; and sufficient cooperation from complaining parties.

 

e)         At any time after referral to Prosecutions, the Division may enter into negotiations to resolve issues informally by way of a Consent Order.  Factors to be considered in deciding whether to enter into settlement negotiations shall include, but not be limited to:  the effect on the public's health, safety and welfare caused by the respondent's alleged conduct; sufficient investigation of the case; prosecutorial merit; relative severity of the respondent's alleged conduct; and past practices of the Division.

 

f)         No file shall be closed nor Formal Complaint dismissed except upon recommendation of the Complaint Committee and/or approval by the State Board of Professional Engineers.  Those case files that previously have been before the Board and are the subject of a Consent Order or Formal Order of the Director may be closed without further recommendation or approval of the State Board of Professional Engineers or the Complaint Committee.

 

g)         Disqualification of a State Board of Professional Engineers member.

 

1)         A Board member shall be recused from consideration of a case file or Formal Complaint when the Board member determines that a conflict of interest or prejudice would prevent that Board member from being fair and impartial.

 

2)         Participation in the initial stages of the handling of a case file, including participation on the Complaint Committee and in informal conferences, shall not bar a Board member from future participation or decision making relating to that case file.

 

h)         An informal conference is the procedure established by the Division that may be used for compliance review, fact finding, discussion of the issues, resolving case files, licensing issues or conflicts prior to initiating any Formal Complaint or formal hearing.  An informal conference may only be conducted upon agreement of both parties.  Informal conferences shall be conducted by a Division attorney and shall include a member or members of the Board.  Board members shall be scheduled for informal conferences on a rotating basis.

 

(Source:  Amended at 34 Ill. Reg. 5623, effective March 30, 2010)

 

Section 1380.310  Renewals

 

a)         Every license issued to an individual under the Act shall expire on November 30 of each odd numbered year.  Beginning with the November 30, 2005 renewal and every renewal thereafter, a licensed professional engineer shall comply with the professional development hours specified in Section 1380.325.  The holder of a license may renew such license for a two-year period during the month preceding the expiration date thereof by paying the fee required by Section 1380.275.

 

b)         It is the responsibility of each licensee to notify the Division of any change of address.  Failure to receive a renewal notice from the Division shall not constitute an excuse for failure to pay the renewal fee and to renew one's license.

 

c)         Every license issued to a professional design firm under the Act shall expire on April 30 of each odd-numbered year.  The holder of such license may renew that license for a 2-year period during the month preceding the expiration date thereof by paying the required fee.  The holder shall certify that the firm still meets the requirements of the Act and is in good standing with Illinois Secretary of State (when applicable) and has an active managing agent-in-charge.

 

d)         Practicing or offering to practice on a license which has expired shall be considered unlicensed activity and shall be grounds for discipline pursuant to Section 24 of the Act.

 

e)         It is the responsibility of each licensee to notify the Division of any discipline or conviction of or entry of a plea of guilty or nolo contendere to any crime that is a felony under the laws of the United States or any state or territory thereof, or that is a misdemeanor, an essential element of which is dishonesty, or any crime that is directly related to the practice of the profession of professional engineering since the last renewal.

 

(Source:  Amended at 47 Ill. Reg. 876, effective January 5, 2023)

 

Section 1380.320  Granting Variances

 

The Director may grant variances from this Part in individual cases when the Director finds that:

 

a)         The provision from which the variance is granted is not statutorily mandated;

 

b)         No party will be injured by the granting of the variance; and

 

c)         The rule from which the variance is granted would, in the particular case, be unreasonable or unnecessarily burdensome.

 

(Source:  Amended at 47 Ill. Reg. 876, effective January 5, 2023)

 

Section 1380.325  Professional Development

 

The professional development required as a condition for license renewal under the Professional Engineering Act of 1989 is set forth in this Section.  All professional engineers shall meet these requirements.

 

a)         Professional Development Hours Requirements

 

1)         Beginning with the November 30, 2005 renewal and every renewal thereafter, in order to renew a license as a professional engineer, a licensee shall be required to complete 30 professional development hours (PDHs) relevant to the practice of professional engineering or be exempt from the professional development requirements as provided in subsection (j).  Failure to comply with these requirements may result in non-renewal of the professional engineer's license or other disciplinary action, or both.  A maximum of 15 qualifying PDHs gained within six months from the current renewal deadline and not used for the current renewal period may be carried over to the subsequent renewal period but shall not include the requirements for State statutes and this Part, professional conduct and/or ethics, or sexual harassment prevention training, which must be satisfied during each pre-renewal period.  PDHs used in this manner must be documented on the appropriate Department issued form.

 

2)         Beginning with the November 30, 2023 renewal and every renewal thereafter, the total professional development hours shall include:

 

A)        A minimum of 1 hour of programs, courses or activities in the area of Illinois statutes and this Part that regulate professional engineers and professional engineering.

 

B)        A minimum of 1 hour of programs, courses, or activities in the area of professional conduct and/or ethics.

 

3)         Beginning with the November 30, 2021 renewal and every renewal thereafter, the total professional development hours shall include 1 hour of Sexual Harassment Prevention Training which shall meet the requirements of 68 Ill. Adm. Code 1130.400.  A licensee completing a course on sexual harassment prevention developed or offered by the Illinois Department of Human Rights [775 ILCS 5], the licensee's employer or an acceptable provider listed within this Section, may count that course toward the 1 hour requirement under this Section.  (See Section 1205-15.5 of the Department of Professional Regulation Law [20 ILCS 2105].)

 

4)         A prerenewal period is the 24 months preceding November 30 of each odd-numbered year.

 

5)         One professional development hour shall equal a minimum of 50 minutes of instruction or participation. If a program is taken that awards continuing education units (CEU) rather than professional development hours, one CEU equals 10 professional development hours of class in an approved continuing education course.  A maximum of 12 PDHs may be earned within a 24-hour period, where a period begins at midnight.

 

6)         Professional engineers licensed in Illinois but residing and practicing in other states shall comply with the professional development requirements set forth in this Section.

 

7)         Professional development hours used to satisfy the professional development requirements of another jurisdiction may be applied to fulfill the professional development requirements of the State of Illinois if they are substantially equivalent.

 

b)         Professional Development Activities shall include, but not be limited to:

 

1)         Successful completion of a college or university course in the area of professional engineering, related sciences and engineering ethics. One semester hour completed shall equal 15 PDHs and one quarter hour shall equal 10 PDHs;

 

2)         Successful completion of professional engineering courses or programs in which professional development hours are earned;

 

3)         Active participation and successful completion of professional engineering programs, seminars, tutorials, workshops, short courses, on-line or in-house courses.  Credit will be given for self-study courses only if an examination has been completed by the licensee and graded by the sponsor;

 

4)         Attending program presentations at related technical or professional meetings;

 

5)         Teaching or instructing.  Teaching or instructing a professional engineer course, seminar, lecture, presentation or workshop shall constitute 3 PDHs for each hour spent in the actual presentation.  Teaching credit shall be valid for the initial presentation only.  Teaching credit shall not apply to faculty teaching regularly scheduled curriculum courses at a college, university or other educational institution;

 

6)         Authoring papers or articles that appear in nationally circulated journals or trade magazines or presented to a university, professional society or organization.  10 PDHs per paper or presentation, but not both, are allowed for this activity;

 

7)         Receiving a patent within the renewal period.  Ten PDHs may be earned per patent;

 

8)         Active participation on a professional engineer board, committee or holding an office in a professional or technical society.

 

A)        Two PDHs will be awarded per committee membership or office held.

 

B)        A maximum of 8 PDHs may be accepted per pre-renewal period.

 

c)         All professional development programs, activities or courses shall:

 

1)         Contribute to the advancement, extension or enhancement of the professional skills and/or scientific knowledge of the licensee in practice of professional engineering;

 

2)         Foster the enhancement of general or specialized practice and values of professional engineering, related sciences and engineering ethics;

 

3)         Be developed and presented by persons with education and/or experience in the subject matter of the program; and

 

4)         Specify the course objectives and course content.

 

d)         Auditing or Restoration

 

1)         It shall be the responsibility of a licensee to maintain a record of PDHs for 6 years that includes one of the following:

 

A)        Documentation consisting of the name and address of the sponsor or provider, the number of PDHs attended in each program, the date and place of the program and a certificate of attendance, and a brief statement of the subject matter, printed program schedules, registration receipts or other proof of participation; or

 

B)        Transcripts or records of professional development hours maintained by an acceptable provider as set forth in subsection (e); or

 

2)         A log of activities by itself shall not be accepted as meeting the requirements of this subsection.

 

e)         Acceptable providers for structured educational activities shall include, but not be limited to:

 

1)         National Council of Examiners for Engineering and Surveying (NCEES);

 

2)         National Society of Professional Engineers (NSPE);

 

3)         Illinois Society of Professional Engineers (ISPE);

 

4)         American Council of Engineering Companies of Illinois (ACEC-IL);

 

5)         American Society of Civil Engineers (ASCE);

 

6)         Colleges, universities or other educational institutions;

 

7)         Technical or professional societies or organizations including manufacturers relating to professional engineering.

 

f)         The Division shall not pre-approve individual courses or programs.

 

g)         PDHs that are structural in nature shall not be accepted unless licensee can substantiate how the course enhances their professional engineer license, since a professional engineer in Illinois cannot legally offer or perform structural services.

 

h)         Certification of Compliance with PDH Requirements

 

1)         Each renewal applicant shall certify, on the renewal application, full compliance with the professional development requirements set forth in this Section.

 

2)         The Division may require additional evidence demonstrating compliance with the PDH requirements as set forth in subsection (d).  This additional evidence shall be required in the context of the Division's random audit.  It is the responsibility of each renewal applicant to retain or otherwise produce evidence of compliance.

 

3)         When there appears to be a lack of compliance with PDH requirements, an applicant shall be notified in writing and may request an interview with the Board.  At that time the Board may recommend that steps be taken to begin formal disciplinary proceedings as required by Section 10-65 of the Illinois Administrative Procedure Act [5 ILCS 100/10-65].

 

i)          Restoration of Nonrenewed License.  Upon satisfactory evidence of compliance with PDH requirements, the Division shall restore the license upon payment of the required fee as provided in Section 1380.275.

 

j)          Waiver of PDH Requirements.  A licensee may be waived from the professional development requirements if one of the criteria in subsection (j)(1) through (3) occur. If a waiver is claimed, it is required that the renewal fee and any documentation needed to support the waiver be submitted.

 

1)         A licensee shall not be required to report continuing education hours during the first biennial renewal period in which the licensee obtained initial licensure in Illinois, but shall be subject to the continuing education requirements for all subsequent biennial renewal periods.

 

2)         A licensee who is on full-time active duty in the military service of the United States, or is a licensee who is called to temporary active duty in the military service or Armed Forces of the United States for a period of time exceeding 120 consecutive days during the renewal period, when that activity or location restricts participation in a professional development program.

 

3)         A licensee who demonstrates to the satisfaction of the Division that meeting these requirements would be an undue hardship by reason of disability, illness, or other clearly mitigating circumstances shall submit supporting documentation.

 

A)        The documentation shall be in the form of a sworn statement by the licensee, statement from a licensed healthcare provider, or medical record showing the disability, illness, or circumstance preventing the licensee’s participation in the continuing education program during a substantial part of the renewal period.

 

B)        If the Division finds from the evidence that good cause has been shown for non-compliance, the Division may waive enforcement, extend the time within which the applicant shall comply, or establish a particular program or schedule of continuing education for the renewal period in which the undue hardship existed.

 

C)        Consecutive waiver requests made for reasons of disability, illness, or other circumstances may be prima facie evidence for non-renewal of applicant’s license based on an inability to actively engage in licensed practice.

 

k)         Any renewal applicant who, prior to the expiration date of the license, submits a request for a waiver, in whole or in part, pursuant to the provisions of this Section shall be deemed to be in good standing until the final decision on the application is made by the Division.

 

(Source:  Amended at 47 Ill. Reg. 876, effective January 5, 2023)


Section 1380.APPENDIX A   Significant Dates for the Administration of the Act

 

a)         July 24, 1941.  “An Act to regulate the practice of Professional Engineering” filed July 24, 1941 and repealed July 20, 1945.

 

b)         July 20, 1945.  The Illinois Professional Engineering Act became effective on July 20, 1945.  Prior to that date, there was no legal requirement in Illinois governing the practice of Professional Engineering or requiring registration of engineers.

 

c)         July 20, 1946.  That date terminated registration under the "Grandfather Clause," which exempted Illinois residents engaged in the practice of Professional Engineering from examination, unless affected by service in the armed forces of the United States including the Merchant Marine.  Thereafter, full examination was required except as indicated under subsections (c) and (d).

 

d)         November 20, 1946.  Prior to that date, graduates of approved engineering curricula with 4 or more years of professional engineering experience were eligible for registration by examination of their record of education, experience, and substantiating evidence.  Written examination was not required.

 

e)         July 20, 1950.  Prior to that date, graduates of approved engineering curricula with 4 or more years of professional engineering experience were required to take only Part II of the written examination for registration.

 

f)         June 16, 1953:  Engineer-in-Training certificate established.  Requirements were a minimum of 4 of the required 8 years of study, training and experience and by passing the State constructed Part I exam (later known as the Fundamentals of Engineering); the certificate was valid for 10 years.  Upon completion of the required additional 4 years of professional experience, the EIT would be eligible to sit for Part II and after passage be issued a certificate of registration as a Professional Engineer.

 

g)         Applicants originally licensed in New York or Pennsylvania prior to January 1, 1965, shall have their twelve-hour examination accepted for endorsement based on prior agreement.

 

h)         January 1, 1974.  Minimum education is 4-year engineering degree.  Prior to that date, an EIT applicant was eligible for examination upon proof of at least 4 years of study, training and experience.  Prior to that date, for an applicant for the full examination, there was no requirement that Part I must be passed before Part II.  An applicant who qualified only under Section 9(4) would take the full examination and must have passed both Part I and Part II of the examination.  Failure to pass either Part I or Part II required retake of the full examination.

 

i)          Education standard as of June 30, 1975:  Curriculum leading to a degree in engineering to conform substantially to curricula and standards of instruction of the University of Illinois current as of June 30, 1975.  The  Department will take into such consideration as the “accredited curriculum” issued by the Engineers’ Council for Professional Development (ECPD).

 

j)          January 1, 1978.  Prior to that date, an applicant who qualified with 8 years of combined education and experience would be admitted to the full examination.

 

k)         As of April 1984, Illinois began utilizing the NCEE (formerly ECPD) Fundamentals of Engineering and the Principles and Practice of Engineering examinations.  All examinations prior to that date were State constructed.

 

l)          January 1, 1990. After this date, sequencing of exams is not required. The Principles and Practice of Engineering and the Fundamentals of Engineering exams may be taken in any sequence, pursuant to Alvin B. Groves vs. the Department of Professional Regulation.

 

m)        January 1, 1990 to January 1, 1994.  An applicant seeking waiver of the fundamentals of engineering examination pursuant to Section 12(c) of the Act shall hold a doctoral degree from a graduate engineering program approved in accordance with Section 1380.210(f) and shall have demonstrated a broad knowledge of the fundamentals of engineering by successfully completing course work including 10 of the following subjects:

 

1)         Calculus

 

2)         Differential Equations

 

3)         Chemistry

 

4)         Physics

 

5)         Statics

 

6)         Dynamics

 

7)         Materials Science or Structure of Matter

 

8)         Mechanics of Materials

 

9)         Electrical Circuits

 

10)         Fluid Mechanics

 

11)         Thermodynamics

 

12)         Engineering Economics

 

n)         January 1, 1996.  Proof of completion of the Test of English as a Foreign Language (TOEFL) with a score of 550 and Test of Spoken English (TSE) with a score of 50 for all applicants applying who graduated from an engineering program outside the United States or its territories and whose first language is not English.  The Department may require an applicant, at the applicant’s expense, to have an evaluation of the applicant’s education in a foreign country by a nationally recognized educational body approved by the Board in accordance with the rules prescribed by the Department.  ABET ECEI was the only provider approved for the engineering degree – all non-engineering degrees were evaluated by AACRAO.  Evaluations were required to be a course-by-course evaluation.

 

o)         Beginning with the November 30, 2005 renewal and very renewal thereafter, in order to renew a license as a professional engineer, a licensee shall be required to complete 30 PDHs relevant to the practice of professional engineering.  Failure to comply with these requirements may result in non-renewal of the professional engineers’ license or other disciplinary action, or both.

 

p)         October 30, 2006.  Engineering Credentials Evaluation International (ECEI) ceased evaluating credentials.  The Board approved The Center for Professional Engineering Credentials (CPEES) as the only engineering evaluation service.

 

q)         August 6, 2009.  CPEES changed its name to NCEES Credentials Evaluations service.

 

r)          August 24, 2009.  The Act change allows the exams to be taken prior to completion of experience based on the education meeting Illinois requirements.  Endorsement of those applicants who took the P&P in other jurisdictions prior to completion of the experience required (4 years/8 years) in Illinois is allowed, but the experience before licensing in Illinois is still required.

 

s)         In March of 2010, the Test of English as a Foreign Language (TOEFL) and the Test of Spoken English (TSE) ceased to be offered as the TOEFL-iBT (Internet Based Test) was established and superseded this exam.  While in effect, the TOEFL and TSE requirements were a minimum score of 550 or 213 for the computer-based test and the TSE was a minimum score of 50.

 

t)          January 1, 2014.  NCEES changed the Fundamentals of Engineering examination from an 8-hour paper exam to a 6-hour Computer Based Test (CBT) which was was available to be taken up to a maximum of three times in a year, available through Pearson Vue testing centers once a quarter.

 

u)         January 1, 2018.  NCEES began migrating each discipline of the Principles and Practice of Engineering examination from a paper exam to a CBT exam.  This allowed applicants applying to take these specific discipline examinations an opportunity for the exam to be taken up to a maximum of three times in a year, available through Pearson Vue testing centers once per each quarter.

 

(Source:  Amended at 47 Ill. Reg. 876, effective January 5, 2023)


 

Section 1380.ILLUSTRATION A   Seal and Signature Requirements


 

(Source:  Added at 47 Ill. Reg. 876, effective January 5, 2023)