PROPOSED ACTION ON REGULATIONS
MARYLAND REGISTER, VOLUME 40, ISSUE 19
FRIDAY, SEPTEMBER 20, 2013
Subtitle 23 BOARD FOR PROFESSIONAL ENGINEERS
Authority: Business Regulation Article, §§2-106, 2-106.1 and 2-106.2; Business Occupations and
Professions Article, §§14-101, 14-208, 14-209, 14-311, 14-312, 14-314, and 14-316; Annotated Code of Maryland
Notice of Proposed Action
The Board for Professional Engineers proposes to amend Regulation
.03 under COMAR 09.23.04 Fees. This action was considered by the Board at a public meeting held on February 14, 2013, notice
of which was published in 40:2 Md. R. 177 (January 25, 2013), pursuant to State Government Article, §10-506(c), Annotated Code of Maryland.
Statement of Purpose
The purpose of this action is to increase license fees previously set by the Board in 2003 and then decreased in 2007. Pursuant to the
authority set forth in Business Regulation Article, §§2-106, 2-106.1, and 2-106.2, Annotated Code of Maryland, the Maryland design boards,
including the Board for Professional Engineers, may set various fees, including a license fee, in order to cover the actual documented
direct and indirect costs of fulfilling their statutory and regulatory duties. The law provides that the Secretary must calculate these
costs on an annual basis and provide them to the design boards for the purposes of fee-setting. Based on the current levels of revenues
and expenses, as certified to the design boards by the Department, it has become evident to the design boards that an increase in
license fees is necessary in order for the boards to strive to meet their statutory obligations. The need for increase in fees is a
result of a number of factors, including, but not limited to, increase in personnel costs, as well as in fixed and indirect costs.
The statute governing the design boards’ special fund limits a fee increase to 12.5 percent annually. As a result, the design boards,
both individually and as members of the design boards special fund cluster, decided to uniformly increase their applicable license/certificate
fees by 12.5 percent.
Comparison to Federal Standards
There is no corresponding federal standard to this proposed action.
Estimate of Economic Impact
I. Summary of Economic Impact. There are currently 18,000 licensed engineers. Due to staggered license renewals, 9,000 licensees
are expected to renew their licenses annually. In addition, an average of 1,000 individuals become licensed every year. Based on the
assumption that these numbers remain constant, the State Occupational and Professional Design Boards’ Fund will receive additional
revenues totaling $85,000.
III. Assumptions. (Identified by Impact Letter and Number from Section II.)
A. Assuming 9,000, or 50 percent of current licensees, renew their licenses in the first year, and 1,000 individuals receive new
licenses, revenues totaling $85,000 (10,000 x $8.50) will be received by the Fund.
D. Applicants for new licenses and current licensees are presently paying $68 for a 2-year license. The proposed amendment will
raise the fee to $76.50, an increase of $8.50.
Economic Impact on Small Businesses
The proposed action has minimal or no economic impact on small businesses.
Impact on Individuals with Disabilities
The proposed action has no impact on individuals with disabilities.
Opportunity for Public Comment
Comments may be sent to Pamela J. Edwards, Executive Director, Professional Licensing Boards, 500 N. Calvert Street, Room 308,
Baltimore, MD 21202, or call 410-230-6262, or email to
firstname.lastname@example.org, or fax to 410-333-0021. Comments will be
accepted through October 21, 2013. A public hearing will be held October 10, 2013, 11 a.m., at 500 N. Calvert Street, Third Floor
Conference Room, Baltimore, MD 21202, to hear comments regarding the licensee fee increase.
Final action on the proposal will be considered by the Board for Professional Engineers during a public meeting to be held on
November 14, 2013, at 500 N. Calvert Street, Third Floor Conference Room, Baltimore, MD 21202.
.03 Fees and Costs.
A. The Secretary and the design boards have agreed to average their direct and indirect costs, based on the calculation of costs
performed by the Secretary in consultation with the design boards. Based on these calculations, the Board sets the following fees:
(1) License fee—[$68] $76.50;
(2)—(8) (text unchanged)
B.—E. (text unchanged)
HOWARD C. HARCLERODE II
State Board for Professional Engineers