“Professional competence” means that:
- (a) The firm is a multi-disciplinary licensed engineering firm that specializes in providing consulting engineering services for public water supply projects, public water pollution projects, or both as applicable to one or more of the categories set out in Env-503.04(b), below, for which prequalification is sought;
- (b) The firm employs at least 2 full-time qualified project engineers as defined in Env-C 502.13 who have actively practiced engineering in each category for which prequalification is sought for at least the 5 years immediately prior to filing the application under this chapter;
- (c) In the last 5 years, the firm and its qualified project engineers have not been subject to disciplinary action by the board for conduct or activities arising from the applicant’s work on projects in any category for which prequalification is sought;
- (d) The firm and its qualified project engineers have not provided any false, incomplete, or misleading information as part of an application for an initial listing as specified in Env-C 503.01 or a renewal listing as specified in Env-C 503.05;
- (e) In the last 5 years, the firm has not failed to appoint a qualified project engineer for the management of a water supply project or water pollution control project;
- (f) In the last 5 years, the firm has not failed to fulfill the terms of an engineering services contract;
- (g) In the last 5 years, the firm or its qualified project engineers have not engaged in unethical conduct as defined by the rules of conduct of the board;
- (h) The firm has submitted all required renewal fees and updated engineer questionnaire forms;
- (i) The firm is not the subject of a pending enforcement action taken by the department or by the NH department of justice; and
- (j) The firm has complied with all terms and conditions of any orders, settlement agreements, consent decrees, or other similar documents issued by the department or resulting from an action initiated by the department or by the NH department of justice.
Source. (See Revision Note at chapter heading for Env-C 500) #10644, eff 7-22-14; ss by #14060, eff 8-21-24 (formerly Env-C 502.13)