Part 68, Engineering, Land Surveying and Geology

1. Definition. As used in this section, an acceptable accrediting agency shall mean an organization accepted by the department as a reliable authority for the purpose of accrediting at the postsecondary level and which applies its criteria for granting accreditation in a fair, consistent, and nondiscriminatory manner.
2. Licensure requirement. To meet the professional education and experience requirements for licensure as a professional engineer in this State, the applicant shall submit evidence of:
   1. graduation, including receipt of the bachelor's degree in engineering, from a professional program in engineering registered by the department, accredited by an acceptable accrediting agency, or determined by the department to be the substantial equivalent of a registered or accredited program; and
   2. completion of a minimum of four years of professional engineering work experience that meets the requirements of section 68.2 of this Part; or
   3. graduation, including receipt of the bachelor's degree in engineering technology, from an engineering technology program registered by the department or accredited by an acceptable accrediting agency; or
   4. graduation, including receipt of the bachelor's degree in engineering, from a professional program in engineering determined by the department to be the substantial equivalent of a registered or accredited engineering program; or
   5. graduation, including receipt of the bachelor of science degree, in a field related to engineering, engineering technology, or architecture as determined to be acceptable by the department, and graduation, including receipt of a master's or doctoral degree from a professional program in engineering determined by the department to be the substantial equivalent of a registered or accredited engineering program and that contains 24 graduate-level semester hours of engineering; and
   6. completion of a minimum of six years of professional engineering work experience that meets the requirements of section 68.2.
   7. For applicants that meet the requirements of paragraphs (1), (3), or (4) of this subdivision, the department shall accept graduation, including receipt of a master's or doctoral degree from a professional program in engineering determined by the department to be the substantial equivalent of a registered or accredited engineering program and that contains 24 graduate-level semester hours of engineering in lieu of not more than one year of work experience set forth in (b)(2) or (b)(6) of this section.
3. Special provisions. As an alternative to the education/experience credit requirements in subdivision (b) of this section, for applicants who seek licensure and submit an application, with the required fee, to the department prior to April 6, 2024, the following education/experience credit requirements shall apply:
   1. Prior to licensure the applicant must accrue 12 years of acceptable education/experience credit. One year of education/experience credit may be earned for each year of work experience acceptable to the State Board for Engineering, Land Surveying and Geology pursuant to section 68.2 of this Part. Two years of education/experience credit may be earned for each year of professional engineering education obtained in a program leading to a bachelor's degree in engineering and accredited by an acceptable accrediting agency, as defined in subdivision (a) of this section, which specializes in the fields of engineering or in a program equivalent to such an accredited professional engineering program.
   2. Education/experience credits may also be proportionally earned for various levels and types of postsecondary education which, while not entirely the study of professional engineering, contain important elements/content of such study. Such postsecondary education should demonstrate the following:
      1. that it contains important elements/content of the study of professional engineering, such as mathematics, physics, chemistry, physical and applied sciences, design, and properties of materials;
      2. that it is in an appropriate subject relevant to the field of professional engineering, such as mathematics, physics, chemistry, physical and applied sciences, design, and properties of materials;
      3. that it is at an appropriate level of study that would, at a minimum, be the material equivalent of study at an undergraduate level; and
      4. that it is part of a program accredited by an acceptable accrediting agency pursuant to subdivision (a) of this section or part of a program equivalent to such an accredited program.
   3. In accordance with the provisions of subdivision (c) of this section, the department shall accept evidence of completion of a master's or doctoral degree in engineering in lieu of not more than one year of acceptable education/experience credit.

Practical experience in professional engineering work satisfactory to the board shall be verified in a manner acceptable to the board and shall:

1. demonstrate the intensive application of engineering principles in the practical solution of engineering problems;
2. demonstrate a knowledge of engineering mathematics, physical and applied sciences, properties of materials, and the fundamental principles of engineering design;
3. be broad in scope;
4. be of such nature as to develop and mature the applicant's engineering knowledge and judgment; and
5. include at least two years of experience acquired while working on projects requiring a knowledge and use of codes and practices utilized in the United States.

1. The licensing examination shall consist of:
   1. fundamentals of engineering: a written examination to test the applicant's knowledge of fundamental principles of mathematics, science, engineering science, and appropriate related subjects; and
   2. principles and practice of engineering: a comprehensive problem-solving examination to test the applicant's ability to apply fundamental knowledge to the solution of practical engineering problems.
2. Admission to examinations.
   1. To meet the requirements for admission to the fundamentals of engineering examination, an applicant shall either:
      1. be enrolled in a professional program in engineering registered by the department, or accredited by an acceptable accrediting agency as defined in subdivision (a) of section 68.1 of this Part, or determined by the department to be the substantial equivalent of a registered or accredited program that leads to a bachelor's degree in engineering; or
      2. be enrolled in a professional program in engineering technology registered by the department or accredited by an acceptable accrediting agency that leads to a bachelor's degree in engineering technology; or
      3. have met the education requirement of 68.1(b)(4) or (5); or
      4. as prescribed in section 68.1(c) of this Part, have earned at least six education/experience credits and submitted an application for licensure with the required fee to the department prior to April 6, 2024,
   2. To meet the professional education and experience requirements for admission to the principles and practice of engineering examination, an applicant shall have met the requirements in sections 68.1 and 68.2 of this Part.
3. The fundamentals of engineering examination used since February 14, 1975 replaced, and is equivalent to, the sum of Parts I and II of the examinations used prior to February 1975. The principles and practice of engineering examination used since February 14, 1975 replaced, and is equivalent to, Part III of the examinations used prior to February 1975.
4. The grade retention provisions of section 59.5(f) of this Title shall not be applicable to engineering examinations.
5. Passing grade.
   1. For candidates who completed any part of the examinations prior to February 14, 1975, the passing grade shall be an average of 75 on all parts taken, provided that no part shall be accepted with a grade less than 65 and not more than one part shall be accepted with a grade less than 75.
   2. For candidates who did not establish credit for two parts of the examinations prior to February 14, 1975, the passing grade for examinations taken between February 14, 1975 and October 1, 1984 shall be 75 on each part.
   3. For candidates not having established credit for two parts of the examinations prior to October 1, 1984, the passing grade for each part taken after October 1, 1984 shall be 70.
   4. Scores for licensing examinations shall be reported on a pass/fail basis.
6. Review and rescoring of examinations shall be conducted in accordance with section 59.5 (g) of this Title.

1. As used in this section, acceptable accrediting agency shall mean an organization accepted by the department as a reliable authority for the purpose of accrediting land surveying, engineering or other math and science programs as having reasonable accreditation standards and as an organization that applies its criteria for granting accreditation of programs in a fair, consistent, and nondiscriminatory manner.
2. To meet the professional study requirement for licensure, the applicant shall present evidence of:
   1. completion of a bachelor's degree or higher in land surveying or the equivalent from a program approved by the department for professional licensure purposes and three years of land surveying experience acceptable to the department as recommended by the State board; or
   2. completion of a bachelor's degree or higher in engineering, math, or related science with 15 credits of surveying course work acceptable to the department as recommended by the State Board as set forth in section 52.49 of this Title and 4 years of land surveying experience acceptable to the department as recommended by the State board; or
   3. completion of an associate's degree in land surveying and five-and-a-half years of land surveying experience acceptable to the department as recommended by the State board; or
   4. completion of an associate's degree in engineering, math, or related science with 15 credits of land surveying course work acceptable to the department as recommended by the State board as set forth in section 52.49 of this Title and 6 years of land surveying experience acceptable to the department as recommended by the State board; or
   5. completion of an approved secondary course of study; and
      1. for those applying for licensure on or after September 1, 1987, the equivalent of eight years of land surveying experience acceptable to the department as recommended by the State board, provided that all experience is completed prior to April 3, 2029 and provided that each full year of college study in engineering or land surveying in a program approved by the department for professional licensure purposes or a substantially equivalent program, as determined by the department upon the recommendation of the State board, may be accepted in lieu of one year of such experience to a maximum of four years.

Practical experience in land surveying work satisfactory to the board shall be verified in a manner acceptable to the board and shall:

1. include 50 percent of the required experience spent in charge of work related to property conveyance and/or boundary line determination;
2. demonstrate adequate experience in the technical field aspects of the profession;
3. demonstrate adequate experience in charge of the office aspects of the profession;
4. demonstrate experience in the legal aspects of the profession;
5. demonstrate adequate direct supervision of experience by a licensed land surveyor; and
6. include at least two years of experience acquired while working on projects requiring a knowledge and use of surveying codes and practices utilized in the United States.

1. An applicant for admission to the fundamentals of surveying examination shall:
   1. be within 20 credits of graduation from a bachelor's degree program registered as leading to licensure in land surveying pursuant to section 52.49 of this Title, or accredited by an acceptable accrediting agency, or a bachelor's degree program that is substantially equivalent to such a registered or accredited program as determined by department as recommended by the State board; or
   2. hold a bachelor's degree in engineering, math, or a related science or their substantial equivalent with 15 credits of surveying as set forth in section 52.49 of this Title and have completed 1 year of experience acceptable to the department as recommended by the State board; or
   3. hold an associate's degree in surveying accredited by an acceptable accrediting agency, or an associate's degree program that is substantially equivalent to such accredited program as determined by the department and have completed two and a half years of experience acceptable to the department as recommended by the State board; or
   4. hold an associate's degree in engineering, math, or related science or their substantial equivalent with 15 credits of surveying as set forth in section 52.49 of this Title and have completed 3 years of experience acceptable to the department as recommended by the State board; and
2. An applicant for admission to the principles and practice of surveying and the New York State jurisdictional surveying examinations shall:
   1. have completed the education and experience requirements set forth in section 68.4 of this Title.
3. Content. The examination shall consist of:
   1. Part 1 - Fundamentals of Surveying: mathematics, physics, English, surveying, property surveys and descriptions, vertical curves, state plane coordinate calculations, economic analysis; and
   2. Part 2 - Principles and Practice of Surveying: principles of profession (legal, technical, standards of professional conduct), property surveys, written instruments, monumentations, real property, field survey procedures, property survey descriptions, subdivision planning and design, deed descriptions and conveyancing, surveying law, geodetic surveying, hydrographic surveying; and
   3. Part 3 - Jurisdictional Examination, Surveying in New York State: examination in the practical and legal aspects of land surveying pertinent to New York State, the scope and content of which shall be determined by the State board.
4. After February 14, 1975, Fundamentals of Land Surveying, Part 1, replaces Fundamentals of Land Surveying, Mathematics; Principles and Practice of Land Surveying, Part 2, replaces Principles and Practice of Land Surveying, Surveying.
   1. Candidates who have established credit prior to February 14, 1975 for the mathematics part of the examination shall be examined in Part 2 and Part 3.
   2. Candidates who have established credit prior to February 14, 1975 for the surveying part of the examination shall be examined in Part 1 and Part 3.
   3. The grade retention provisions of section 59.5(f) of this Title shall not be applicable to land surveying examinations.
5. Passing grade. The passing grade for each of the parts of the surveying examination taken prior to October 1, 1984 is 75.0; for parts taken on or after October 1, 1984, the passing grade shall be 70.0. Except for the jurisdictional examination, scores for the licensing examinations shall be reported on a pass/fail basis.
6. Review and rescoring of examinations shall be conducted in accordance with section 59.5(g) of this Title.

1. As used in this section, acceptable accrediting agency shall mean an organization accepted by the department as a reliable authority for the purpose of accrediting geological sciences, engineering or other science programs, as having reasonable accreditation standards, and as an organization that applies its criteria for granting accreditation of programs in a fair, consistent, and nondiscriminatory manner.
2. To meet the professional education requirement for licensure as a professional geologist, the applicant shall present satisfactory evidence of:
   1. holding a bachelor’s degree awarded upon successful completion of a bachelor’s degree program in geological sciences registered as leading to licensure pursuant to section 52.46 of this Title or accredited by an acceptable accrediting agency, or a bachelor’s degree program that is substantially equivalent to such a registered program as determined by the department; or
   2. holding a bachelor’s degree awarded upon successful completion of a bachelor’s degree program in a related science or engineering and a master’s or doctoral degree awarded upon successful completion of a master’s or doctoral degree program in geological sciences that satisfies the requirements of section 52.46 of this Title, or a bachelor’s degree and a master’s or doctoral degree from programs that are substantially equivalent to such programs as determined by the department; or
   3. twelve years of experience acceptable to the State Board for Engineering, Land Surveying and Geology pursuant to paragraph (4) of subdivision (a) of section 68.8 of this Part.
3. The department may accept completion of the following in lieu of not more than one year of acceptable experience:
   1. holding a master’s or doctoral degree awarded upon successful completion of a master’s or doctoral degree program in geological sciences following successful completion of either a licensure qualifying bachelor’s program pursuant to section 52.46 of this Title or accredited by an acceptable accrediting agency, or a bachelor’s degree program that is substantially equivalent to such a registered or accredited program as determined by the department; or
   2. holding a bachelor’s degree awarded upon successful completion of a bachelor’s degree program in a related science or engineering and a master’s or doctoral degree awarded upon successful completion of a master’s or doctoral degree program in geological sciences that satisfies the requirements of section 52.46 of this Title, or a bachelor’s and master’s or doctoral degree from programs that are substantially equivalent to such programs as determined by the department.

1. Practical experience in geological work satisfactory to the board shall be verified in a manner acceptable to the board and shall:
   1. encompass a broad range of geological subdisciplines;
   2. demonstrate comprehensive understanding of geological principles and concepts, as well as the ability to apply those principles and concepts to the practical solution of geological problems or issues;
   3. demonstrate progressive professional practice beyond data collection, routine sampling, laboratory work or geological drafting, that requires independent judgment, competency, and accountability such that the applicant is qualified to assume responsible charge of geological work; and
   4. include at least five years of professional experience, after successful completion of the education requirements set forth in paragraph (1) of subdivision (b) of section 68.7; or at least four years of professional experience, after successful completion of the education requirements set forth in paragraph (2) of subdivision (b) of section 68.7 or paragraphs (1) and (2) of subdivision (c) of section 68.7; or twelve years of experience as set forth in paragraph (3) of subdivision (b) of section 68.7 that was either:
      1. under the supervision of a licensed professional geologist;
      2. under the supervision of a geologist or engineer, whom the board recognizes as qualified to have responsible charge of geologic work; or
      3. entailed the applicant being in responsible charge of geological work as described in paragraphs (1), (2) and (3) of subdivision (a) of this section.
2. Exception to the practical experience in geological work requirements. In lieu of the practical experience in geological work requirements set forth in subdivision (a) of this section, the board may accept research in, or the teaching of, geological sciences at the college or university level as qualifying practical experience in geological work, if, in the judgment of the board, the research or teaching is comparable to the practical experience obtained in the practice of geology.

1. The licensing examination shall consist of:
   1. fundamentals of geology; and
   2. practice of geology.
2. The grade retention provisions of section 59.5(f) of this Title shall not be applicable to geology examinations.
3. Passing score. The passing scores for the examinations for licensure as a professional geologist shall be determined by the department, in consultation with the State Board for Engineering, Land Surveying and Geology.
4. An applicant for admission to the fundamentals of geology examination shall:
   1. be within 20 credits of graduation from a bachelor’s degree program in geological sciences registered as leading to licensure pursuant to section 52.46 of this Title, or accredited by an acceptable accrediting agency, or a bachelor’s degree program that is substantially equivalent to such a registered or accredited program as determined by the department; or
   2. hold a bachelor’s degree from a bachelor’s degree program in a related science or engineering and be in the last semester of a master’s or doctoral degree program in geological sciences that satisfies the requirements of section 52.46 of this Title, or hold a bachelor’s degree and a master’s or doctoral degree from programs that are substantially equivalent to such programs as determined by the department; or
   3. have completed eight years of experience acceptable to the State Board for Engineering, Land Surveying and Geology pursuant to section 68.8 of this Part.
5. An applicant for admission to the practice of geology examination shall:
   1. have completed the education and experience requirements set forth in sections 68.7 and 68.8 of this Part; or
   2. have completed 12 years of experience acceptable to the State Board for Engineering, Land Surveying and Geology pursuant to section 68.8 of this Part.

The department may license an applicant who meets all requirements for licensure in New York State, except examination and has been issued a license or certificate to practice professional engineering, land surveying or professional geology issued to him or her upon written examination by a legally constituted board of examiners in any other state or political subdivision of the United States, provided that the examination for such license or certificate was the equivalent of the examination required in this State at the time it was issued.

1. In accordance with section 7207 (1) of the Education Law and upon recommendation of the board, the department may issue to an engineer who is not a resident of this State and having no established place of practice in this State a limited permit to practice engineering solely in connection with a single specified project and subject to the same registration and revocation restrictions as a license, provided that such applicant submits:
   1. a completed application form, including:
      1. the applicant's current residential and employment addresses;
      2. a description of the project for which the limited permit is requested; and
      3. a detailed description of experience satisfactory to the board and of a nature related to the project in New York for which the permit is to be issued;
   2. at least two satisfactory certifications as to character and qualifications submitted by licensed professional engineers, at least one of whom shall be a resident of this State;
   3. written confirmation, submitted to the department by the appropriate licensing authority, that the applicant is legally qualified to practice as a professional engineer or its equivalent in his own state or country; and
   4. payment of a permit fee of $105 and, in addition, payment of the statutory registration fee.
2. In accordance with section 7207(2) of the Education Law, the department may issue a limited permit to practice as a professional engineer, land surveyor or professional geologist in this State, when such practice does not aggregate more than 30 days in any calendar year, to a person not a resident of this State and having no established place of practice in this State, provided that such applicant submits:
   1. a completed application form including:
      1. the applicant's current residential and employment addresses;
      2. the specific dates of anticipated practice which shall be for a continuous sequence of days, except that if acceptable reasons are submitted to the department, a special certificate may be issued for the unused portion of the time originally specified;
   2. written confirmation, submitted to the department by the appropriate licensing authority, that the applicant is legally qualified to practice as a professional engineer, land surveyor or professional geologist or the equivalent in his or her own state or country; and
   3. payment of a permit fee of $105.
3. In accordance with section 7207(3) of the Education Law and upon recommendation of the board, the department may issue to a geologist who is not a resident of this State and having no established place of practice in this State a limited permit to practice geology solely in connection with a single specified project and subject to the same registration and revocation restrictions as a license, provided that such applicant submits:
   1. a completed application form, including:
      1. the applicant’s current residential and employment addresses;
      2. a description of the project for which the limited permit is requested; and
      3. a detailed description of experience satisfactory to the board and of a nature related to the project in this State for which the limited permit is requested.
   2. at least two satisfactory certifications as to the character and qualifications of the applicant submitted to the department by licensed professional geologists, at least one of whom shall be a resident of this State;
   3. written confirmation, submitted to the department by the appropriate licensing authority, that the applicant is legally qualified to practice as a professional geologist or its equivalent in his or her state or country; and
   4. payment of a permit fee of $105 and payment of the statutory registration fee.

1. The term engineering projects, as used in subdivision (m) of section 7208 of the Education Law, shall not include the survey of land for the purpose of establishing any real property boundaries within a subdivision.
2. The term minor nature, as used in subdivision (n) of section 7208 of the Education Law, shall include but not be limited to the following projects:
   1. the design of water supply systems, sewage disposal systems, and storm drainage systems for individual lots or lots in subdivisions;
   2. the design of public water distribution systems for subdivisions where the project is within an existing water district approved by the appropriate Federal, State or local agencies, if:
      1. the project does not involve source development, treatment, storage, transmission mains, pumping or pressure reduction; and
      2. the water mains, as determined by the appropriate Federal, State, or local agencies, do not require highly specialized and complex designs; and
   3. the design of public sanitary sewage collection facilities where the project does not include special complex designs such as, but not limited to, those related to extreme soil conditions requiring special bedding, special manholes (e.g., 20 feet or more), major stream or highway crossings, or tunnelling, and the project:
      1. is within an existing sanitary sewer district or within the study area of a comprehensive sewer study as approved by the appropriate Federal, State or local agencies, if the project is limited to the design of sanitary sewer mains, collection sewers and appurtenances within the subdivision, including the design of connections to existing mains or trunks accessible outside the subdivision; or
      2. is not within an existing sanitary sewer district or within the study area of a comprehensive sewer study as approved by the appropriate Federal, State or local agencies.
   4. All designs for water supply and sanitary sewage collection facilities of a minor nature shall be submitted for review and approval to the appropriate Federal, State or local agencies prior to incorporation in the final plans submitted for subdivision approval.

For those applicants initially applying for licensure on or after July 1, 1984, seals used by licensed professional engineers, land surveyors and professional geologists shall be circular in shape, approximately 1 3/4 inches in diameter, bearing the legend at the top of the outer band, "STATE OF NEW YORK" and at the bottom "LICENSED PROFESSIONAL ENGINEER" or "LICENSED LAND SURVEYOR" or "LICENSED PROFESSIONAL ENGINEER AND LAND SURVEYOR" or "LICENSED PROFESSIONAL GEOLOGIST" as the case may be. In the inner circle above the Great Seal of New York shall be shown the name of the licensee, and below the Great Seal the license number with no other letters or numbers.

1. Definitions. As used in this section:
   1. Acceptable accrediting agency means an organization accepted by the department as a reliable authority for the purpose of accreditation at the postsecondary level, applying its criteria for granting accreditation in a fair, consistent and nondiscriminatory manner, such as an agency recognized for this purpose by the Council for Higher Education Accreditation.
   2. Licensed professional means any individual licensed under Article 68 of the Education Law as a professional engineer, land surveyor or professional geologist.
2. Applicability of requirement.
   1. Each licensed professional, required under article 145 of the Education Law to register with the department to practice in New York State, shall comply with the mandatory continuing education requirements as prescribed in subdivision (c) of this section, except those licensees exempt from the requirement or who obtain an adjustment to the requirement pursuant to paragraph (2) of this subdivision or who are subject to a different requirement pursuant to this section.
   2. Exemptions and adjustments to the requirement.
      1. Exemptions. The following licensees shall be exempt from the continuing education requirements, as prescribed in subdivision (c) of this section:
         1. licensees for the triennial registration period during which they are first licensed to practice engineering, land surveying, and/or geology in New York State, except those first licensed to practice engineering, land surveying, and/or geology in New York State pursuant to an endorsement of a license of another jurisdiction; and
         2. licensed professional engineers and/or land surveyors whose first registration date following January 1, 2004 occurs prior to January 1, 2005, for periods prior to such registration date;
         3. licensed professional geologists whose first registration date following January 1, 2022 occurs prior to January 1, 2023, for periods prior to such registration date; and
         4. licensees who are not engaged in the practice of engineering, land surveying or geology as evidenced by not being registered to practice in New York State, except as otherwise provided in subdivision (e) of this section to meet the requirements for the resumption of practice in New York State.
      2. Adjustments to the requirement. An adjustment to the continuing education requirement, as prescribed in subdivision (c) of this section, may be made by the department, provided that the licensee documents good cause that prevents compliance, which shall include, but not be limited to, any of the following reasons: poor health certified by a physician; or a specific physical or mental disability certified by an appropriate health care professional; or extended active duty with the Armed Forces of the United States; or other good cause beyond the licensee's control which in the judgment of the department makes it impossible for the licensee to comply with the continuing education requirements in a timely manner.
3. Mandatory continuing education requirement.
   1. General requirement.
      1. During each triennial registration period, meaning a registration period of three years' duration, an applicant for registration as a professional engineer or professional geologist shall complete at least 36 hours of continuing education acceptable to the department, and an applicant for registration as a land surveyor shall complete at least 24 hours of continuing education acceptable to the department, as defined in paragraph (3) of this subdivision. At least one hour of such continuing education shall be in professional ethics and no more than six continuing education hours completed during one triennial registration period may be transferred to a subsequent triennial registration period. Any licensed professional geologist whose first registration date following January 1, 2022 occurs less than three years from that date, but on or after January 1, 2023, shall complete continuing education hours on a prorated basis at the rate of one hour of acceptable continuing education per month for the period beginning January 1, 2022 up to the first registration date thereafter. Such continuing education shall be completed during the period beginning January 1, 2023 and ending before the first day of the new registration period or at the option of the licensee during any time in the previous registration period.
      2. Proration. Unless otherwise prescribed in this section, during each registration period of less than three years' duration, an applicant for registration shall complete acceptable continuing education, as defined in paragraph (3) of this subdivision and within the limits prescribed in such paragraph, on a prorated basis at a rate of one hour of continuing education per month for such registration period.
   2. Requirement for certain licensed professional engineers.
      1. In accordance with section 7211(1)(d) of the Education Law, a licensee shall be deemed to have satisfied the continuing education requirement prescribed in paragraph (1) of this subdivision, if the licensee meets the following conditions:
         1. On December 31, 2003, the licensee was directly employed on a full-time basis by the State of New York; or agencies, public authorities, or public benefit corporations of the State of New York; or local government units of the State of New York in a position requiring licensure in engineering and is represented by a collective bargaining unit or designated management or confidential pursuant to article 14 of the Civil Service Law at all times when so employed; and
         2. either:
            1. the licensee has continuously been employed in a position or successor positions described in clause (a) of this subparagraph, and since January 1, 2004, has not otherwise practiced engineering in New York State in any other capacity outside of such employment; or
            2. the licensee has left employment described in clause (a) of this subparagraph, and since January 1, 2004, has not practiced engineering in New York State in any other capacity outside of employment in a position described in clause (a) of this subparagraph.
      2. A licensee who does not meet the conditions prescribed in clauses (i)(a) and (b) of this paragraph shall be required to complete acceptable continuing education, as defined in paragraph (4) of this subdivision, at the rate of one hour of continuing education per month from the date the condition is not met until the next registration date. Thereafter, the licensee shall complete the regular continuing education requirement prescribed in paragraph (1) of this subdivision.
   3. Requirement for certain licensed professional geologists.
      1. In accordance with section 7211(1)(e) of the Education Law, a licensee shall be deemed to have satisfied the continuing education requirement prescribed in paragraph (1) of this subdivision, if the licensee meets the following conditions:
         1. Prior to January 1, 2022, the licensee was directly employed on a full-time basis by the State of New York; or agencies, public authorities, or public benefit corporations of the State of New York; or local government units of the State of New York in a position requiring licensure in geology and is represented by a collective bargaining unit or designated management or confidential pursuant to article 14 of the Civil Service Law at all times when so employed; and
         2. Either:
            1. the licensee has continuously been employed in a position or successor positions described in clause (a) of this subparagraph, and since January 1, 2022, has not otherwise practiced geology in New York State in any other capacity outside of such employment; or
            2. the licensee has left employment described in clause (a) of this subparagraph, and since January 1, 2023, has not practiced geology in New York State in any other capacity outside of employment in a position described in clause (a) of this subparagraph.
      2. A licensee who does not meet the conditions prescribed in clauses (i)(a) and (b) of this paragraph shall be required to complete acceptable continuing education, as defined in paragraph (4) of this subdivision, at the rate of one hour of continuing education per month from the date the condition is not met until the next registration date. Thereafter, the licensee shall complete the regular continuing education requirement prescribed in paragraph (1) of this subdivision.
   4. Acceptable continuing education. To be acceptable to the department, continuing education shall meet the requirements of this paragraph. Such continuing education must be in the subjects prescribed in subparagraph (i) of this paragraph and be the types of learning activities prescribed in subparagraph (ii) of this paragraph.
      1. Subjects. Acceptable continuing education shall mean courses of learning and educational activities in architecture, engineering, interior design, land surveying, landscape architecture and geology that may contribute to professional practice in engineering, land surveying and/or geology as such practice is defined in sections 7201, 7203 and 7204-a of the Education law.
      2. Types of learning activities. Acceptable continuing education shall be the types of learning activities prescribed in this subparagraph and be subject to the limitations prescribed in this subparagraph.
         1. Courses of learning. Acceptable continuing education shall be courses of learning offered by a sponsor approved pursuant to subdivision (i) of this section, which may include, among others, the following courses offered by an approved sponsor: university and college courses, and professional development and technical training courses.
         2. Other educational activities. Acceptable continuing education shall be the following other educational activities:
            1. preparing and teaching a course offered by a sponsor of continuing education to professional engineers, land surveyors and/or professional geologists approved pursuant to subdivision (i) of this section, provided that such teaching shall not be acceptable where the licensee has taught the course on more than one occasion without presenting new or revised material. Continuing education hours that may be credited for this activity may include actual instructional time plus preparation time which may be up to two additional hours for each hour of presentation;
            2. authoring a peer-reviewed article, map, or other document published by a governmental, academic or research entity in a journal, book or digital format. A licensee shall receive nine continuing education hours for each written work published during the registration period.
            3. making a technical presentation at a professional conference sponsored by an organization that is a sponsor of continuing education to professional engineers, land surveyors and/or professional geologists,  approved pursuant to subdivision (i) of this section. Continuing education hours that may be credited for this activity shall include actual instructional time, plus preparation time which may be up to two additional hours for each hour taught.
            4. obtaining a patent related to the practice of engineering, land surveying and/or geology. A licensee shall receive nine continuing education hours for each patent granted on an invention during the registration period.
            5. completing educational activities, meaning structured study, including, but not limited to, self-study programs, provided by a sponsor approved pursuant to subdivision (i) of this section, that is based on audio, audio-visual, written, on-line, and other media, and does not include live instruction, transmitted in person or otherwise, during which the student may communicate and interact with the instructor and other students;
            6. completing an educational tour, meaning a structured tour of an instructional nature provided by a sponsor approved pursuant to subdivision (i) of this section; and
            7. serving on any committee or task force that addresses technical and/or regulatory issues relating to the professional practice of engineering, land surveying and/or geology, provided that such committee or task force has been established by a governmental entity or other entity determined by the department, with assistance from the State Board for Engineering, Land Surveying and Geology, to be acceptable. Continuing education hours that may be credited for this activity shall be one hour of credit for every two hours of service while engaged in activities directly related to professional practice. To be acceptable for continuing education credit, such service must be certified in writing by an authorized individual within the committee or task force and approved by the department. No more than nine hours of such continuing education may be included during each registration period.
4. Renewal of registration. At each re-registration, licensed professionals shall certify to the department that they have either complied with the continuing education requirements, as prescribed in this section, or are subject to an exemption or adjustment to such continuing education requirements, as prescribed in subdivision (b) of this section.
5. Requirement for lapse in practice.
   1. A licensee who returns to practice after a lapse in practice in which the licensee was not registered to practice in New York State shall be required to complete:
      1. the continuing education requirement applicable to the period of time the licensee was registered in the licensee's last registration period;
      2. one hour of acceptable continuing education for each month of lapsed registration up to a maximum of 12 hours, which shall be completed in the 12 months before the beginning of the new registration period.
6. Conditional registration.
   1. The department may issue a conditional registration to a licensee who attests to or admits to noncompliance with the continuing education requirements of this section, provided that such licensee meets the following requirements:
      1. the licensee agrees to remedy such deficiency within the conditional registration period;
      2. the licensee agrees to complete the regular continuing education requirement at the rate of one hour of acceptable continuing education per month during such conditional registration period; and
      3. the licensee agrees to complete additional continuing education during such conditional registration period, which the department may require to ensure the licensee's proper delivery of professional services consistent with the licensee's practice.
   2. The duration of such conditional registration shall not exceed one year and shall not be renewed or extended.
7. Licensee records. Each licensee subject to the requirements of this section shall maintain, or ensure access by the department to, a record of completed continuing education, which includes: the type of learning activity, title of the course if a course, subject of the continuing education, the number of hours completed, the sponsor's name and any identifying number (if applicable), attendance verification if a course, participation verification if another educational activity, and the date and location of the continuing education. Such records shall be retained for at least six years from the date of completion of the continuing education and shall be available for review by the department in the administration of the requirements of this section.
8. Measurement of continuing education study. Continuing education credit shall be granted only for acceptable continuing education, as prescribed in subdivision (c) of this section. For continuing education courses, a minimum of 50 minutes shall equal one continuing education hour of credit. For credit-bearing university or college courses, each semester-hour of credit shall equal 15 continuing education hours of credit, and each quarter-hour of credit shall equal 10 continuing education hours of credit.
9. Sponsor approval.
   1. To be approved by the department, sponsors of continuing education to licensed professionals in the form of courses of learning or educational activities shall meet the requirements of either paragraph (2), (3) or (4) of this subdivision.
   2. The department shall deem approved as a sponsor of continuing education to licensed professionals in the form of courses of learning or educational activities:
      1. a sponsor of continuing education that is approved by the International Association for Continuing Education and Training (IACET), or the Practicing Institute of Engineering, or the American Institute of Architects Continuing Education System (AIA/CES), or The Shaw Fund, or The New York State Council of Professional Geologists or an equivalent organization determined by the department with assistance from the State Board for Engineering, Land Surveying and Geology to have adequate standards for approving sponsors of continuing education for professionals regulated by Title VIII of the Education Law that include but are not limited to standards that are equivalent to the standards prescribed in clauses (3)(ii)(a), (c) and (d) of this subdivision;
      2. a postsecondary institution that has authority to offer programs that are registered pursuant to Part 52 of this Title or authority to offer equivalent programs that are accredited by an acceptable accrediting agency; or
      3. a sponsor of continuing education that is approved by a licensing authority or agency of another jurisdiction under standards substantially equivalent to those of the Department.
   3. Department review of sponsors.
      1. The department shall conduct a review of sponsors that apply for approval to offer continuing education to licensed professionals in the form of courses of learning or educational activities that are not deemed approved pursuant to the requirements of paragraph (2) or (3) of this subdivision.
      2. Organizations desiring to offer courses of learning or educational activities based upon a department review under this paragraph shall submit, with the fee as set forth in subdivision (j) of this section, an application for advance approval as a sponsor at least 90 days prior to the date of the commencement of such continuing education that documents that the organization:
         1. will offer courses of learning or educational activities in one or more of the subjects prescribed for acceptable continuing education in subparagraph (c)(4)(i) of this section;
         2. is an organized educational entity or an entity that has expertise in the professional areas that will be taught, including but not limited to, postsecondary institutions that are not already deemed approved pursuant to subparagraph (2)(ii) of this subdivision, and national, state, or local professional design associations;
         3. provides course instructors who are qualified to teach the courses which will be offered, including but not limited to, faculty of a college of engineering, land surveying or geology accredited by an acceptable accrediting agency; or instructors who are specially qualified authorities in engineering, land surveying or geology as determined by the department with assistance from the State Board for Engineering, Land Surveying and Geology, to conduct such courses;
         4. has a method of assessing the learning of participants, and describes such method; and
         5. will maintain records for at least six years from the date of completion of coursework, which shall include, but shall not be limited to, the name and curriculum vitae of the faculty, a record of attendance of licensed professionals in the course if a course, a record of participation of licensed professionals in the educational activities if an educational activity, an outline of the course or program, date and location of the course or program, and the number of hours for completion of the course or program. In the event an approved sponsor discontinues operation, the governing body of such sponsor shall notify the department and shall transfer all records as directed by the department.
      3. Sponsors that are approved by the department pursuant to the requirements of this paragraph shall be approved for a three-year term.
      4. The department may conduct site visits of, or request information from, a sponsor approved pursuant to the requirements of this paragraph to ensure compliance with such requirements, and a sponsor shall cooperate with the department in permitting such site visits and in providing such information.
      5. A determination by the department that a sponsor approved pursuant to the requirements of this paragraph is not meeting the standards set forth in this paragraph shall result in the denial or termination of the approved status of the sponsor.
10. Fees.
    1. At the beginning of each registration period, a mandatory continuing education fee of $45 shall be collected from licensees engaged in the practice of engineering, land surveying or geology in New York State, except for those exempt from the requirement pursuant clauses (b)(2)(i)(a) and (c) of this section. This fee shall be in addition to the registration fee required by section 7206 of the Education Law.
    2. Licensees applying for a conditional registration, pursuant to the requirements of subdivision (f) of this section, shall pay a fee that is the same as and in addition to, the fee for the triennial registration required by section 7206 of the Education Law. In addition, such licensees shall pay the $45 mandatory continuing education fee.
    3. Organizations desiring to offer continuing education to licensed professional engineers, land surveyors or professional geologists based upon a department review, pursuant to paragraph (i)(3) of this section, shall submit an application fee of $900 with the application requesting the issuance of a permit from the department to become an approved sponsor of continuing education to licensed professional engineers, land surveyors or professional geologists in the form of courses of learning or educational activities. Application for a three-year renewal of the permit shall be accompanied by a fee of $900.