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 examination on the fundamentals of engineering or examination on 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), (c), or (d) of this section.

2. (b) Persons requesting a waiver of the fundamentals of engineering examination must meet one of the following requirements:

   1. (1) have 8 or more years of creditable engineering experience, as evaluated by the board under §133.43 of this chapter (relating to Experience Evaluation), and meet the educational requirements of §1001.302(a)(1)(A) of the Act; or
   2. (2) have 12 years of creditable engineering experience, as evaluated by the board under §133.43 of this chapter (relating to Experience Evaluation), and meet the educational requirements of §1001.302(a)(1)(B) of the Act; or

   3. (3) have a Ph.D. degree in engineering from a college or university having an undergraduate or master's degree program in a related branch of engineering that is accredited or approved by EAC/ABET, and have:

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

   4. (4) have a Ph.D. degree in engineering not qualifying under subsection (b)(3) of this section or other related field of science or mathematics that is individually assessed and approved by the board during the evaluation process, and have :

      1. (A) taught in an EAC/ABET-accredited or -approved program for at least six years and who began teaching engineering prior to September 1, 2001; or
      2. (B) at least six years of experience consisting of a combination of EAC/ABET teaching experience or other creditable engineering experience and who began teaching engineering prior to September 1, 2001; or
      3. (C) at least six years of creditable engineering experience as evaluated by the board under §133.43 of this chapter (relating to Experience Evaluation).
   5. (5) Persons who meet the requirements to apply for licensure as an Engineering Educator under §133.25(a)(1) of this chapter (relating to Applications from Engineering Educators) and who are requesting a waiver of the fundamentals of engineering examination and permission to take the principles and practice of engineering examination may be granted the waiver with no minimum experience requirement.

3. (c) Persons currently licensed and in good standing in any U.S. state or territory, Canada, or the United Mexican States, and requesting a waiver of the principles and practice of engineering or a waiver of both the fundamentals of engineering examination and the principles and practice of engineering examination must meet one of the following requirements:

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

4. (d) Persons who meet the requirements to apply for licensure as an Engineering Educator under §133.25(a)(1) of this chapter and who are requesting a waiver of the principles and practice of engineering or a waiver of both the fundamentals of engineering examination and the principles and practice of engineering examination must meet one of the following requirements:

   1. (1) have a Ph.D. degree in engineering from a college or university having an undergraduate or master's degree program in a related branch of engineering that is accredited or approved by the Engineering Accreditation Commission of ABET (EAC/ABET), and have:

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

   2. (2) have a Ph.D. degree in engineering not qualifying under subsection (d)(1) of this section or other related field of science or mathematics that is individually assessed and approved by the board during the evaluation process, and have:

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