I started to worry when I saw that he had given a legal deposition. But "Wayne testified truthfully that he was not (and never had been) a licensed engineer". So according to the article, there was no misrepresentation to the court.

Engineering licensure is generally opt-in for activities that require it, and you obviously don't need to be a licensed engineer to testify plainly in court (contrast with signing off on plans for a building, for which you do), so he should be in the clear.

Of course getting this close to what the state board considers their turf (Professional Engineer expert witnesses, whose testimony carries more weight) explains why they're trying to stomp on him - similar to that engineer in Oregon who got legally harassed for a bunch of years for doing math about red light cameras.