1. (a) Examinations are considered an integral part of the licensing process; all applicants are expected to have passed the examinations or to offer sufficient evidence of their qualifications in the absence of passage of the examinations. The board may waive one or both of the examinations on the fundamentals of engineering or the principles and practice of engineering for applicants who:

   1. (1) do not pose a threat to the public health, safety, or welfare;
   2. (2) request a waiver in writing at the time the application is filed; and
   3. (3) meet the requirements of subsections (b) or (c) of this section.

2. (b) Waiver of Fundamentals of Engineering Examination. Applications for a waiver of the fundamentals of engineering examination will only be accepted from persons who meet the requirements of paragraphs (1) or (2) of this subsection.

   1. (1) Standard Application:

      1. (A) meet the educational requirements of §1001.302(a)(1)(A) of the Act and have eight or more years of creditable engineering experience, as evaluated by the board under §133.43 of this chapter (relating to Experience Evaluation); or
      2. (B) meet the educational requirements of §1001.302(a)(1)(B) of the Act and have twelve or more years of creditable engineering experience, as evaluated by the board under §133.43 of this chapter.
   2. (2) Engineering Educator: meet the requirements of §133.25(a) and (b) of this chapter (relating to Applications from Engineering Educators.

3. (c) Waiver of Principles and Practice of Engineering Examination. Applications for a waiver of the principles and practice of engineering examination will only be accepted from persons who meet the requirements of paragraphs (1) or (2) of this subsection.

   1. (1) Currently Licensed in Another Jurisdiction: Be currently licensed and in good standing in any U.S. state or territory, Canada, or the United Mexican States, and:

      1. (A) meet the educational requirements of §1001.302(a)(1)(A) of the Act and have 12 or more years of creditable engineering experience, as evaluated by the board under §133.43 of this chapter; or
      2. (B) meet the educational requirements of §1001.302(a)(1)(B) of the Act and have 16 or more years of creditable engineering experience, as evaluated by the board under §133.43 of this chapter;

   2. (2) Engineering Educator:

      1. (A) meet the requirements of §133.25(a) and §133.25(b)(1) of this chapter and have:

         1. (i) taught in an EAC/ABET-accredited or -approved program for at least six years and began teaching engineering prior to September 1, 2001;
         2. (ii) at least six years of experience consisting of a combination of EAC/ABET teaching experience or other creditable engineering experience, as evaluated by the board under §133.43 of this chapter and began teaching engineering prior to September 1, 2001; or
         3. (iii) at least four years of creditable engineering experience, as evaluated by the board under §133.43 of this chapter; or

      2. (B) meet the requirements of §133.25(a) and §133.25(b)(2) of this chapter and have:

         1. (i) taught in an EAC/ABET-accredited or -approved program for at least eight years and began teaching engineering prior to September 1, 2001;
         2. (ii) at least eight years of experience consisting of a combination of EAC/ABET teaching experience or other creditable engineering experience, as evaluated by the board under §133.43 of this chapter and began teaching engineering prior to September 1, 2001; or
         3. (iii) at least six years of creditable engineering experience, as evaluated by the board under §133.43 of this chapter.
4. (d) An applicant is not eligible to request a waiver of the examination on the fundamentals of engineering if the applicant has taken and failed any examination on the fundamentals of engineering within the previous two years.
5. (e) An applicant is not eligible to request a waiver of the examination on the principles and practice of engineering if the applicant has taken and failed any examination on the principles and practice of engineering within the previous four years.
6. (f) Applicants requesting a waiver from any examination(s) shall file any additional information needed to substantiate the eligibility for the waiver with the application, as provided in §133.51 of this chapter (relating to Reference Providers), and §133.52 of this chapter (relating to Reference Statements). The board shall review all elements of the application to evaluate waiver request(s) and may grant a waiver(s) to qualified applicants.

Source Note:The provisions of this §133.69 adopted to be effective May 20, 2004, 29 TexReg 4873; amended to be effective September 19, 2004, 29 TexReg 8812; amended to be effective January 1, 2006, 30 TexReg 8685; amended to be effective June 20, 2006, 31 TexReg 4862.