proeng july2002 by 2IY3h22

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									                                     MINUTES
                         BOARD FOR PROFESSIONAL ENGINEERS


Date:                  July 17, 2002

Time:                  9:00 a.m.

Place:                 2nd Floor Conference Room
                       500 North Calvert Street
                       Baltimore, Maryland 21202

Present:               Melvin Hotz, P.E., Chairman
                       Eugene C. Harvey, P.E., Vice Chairman
                       George C. Szego, Ph.D., P.E., Secretary
                       Alison A. Hunt, P.E.
                       Michael J. Howard
                       Sallye E. Perrin, P.E.

Others Present:        Pamela Edwards, Assistant Executive Director
                       Milena Trust, Counsel to the Board
                       Harry Loleas, Deputy Commissioner
                       Dorothy Matricciani, Administrative Secretary
                       Robert Mead, Maryland Society of Professional Engineers

Absent:                Rosalind L. Yee

CALL TO ORDER

         Mr. Melvin Hotz, Chairman, called the meeting to order at 9:00 a.m.

ACTION ON MINUTES

       Motion (I) was made by Dr. Szego, seconded by Mr. Harvey, and unanimously carried by
the Board to approve the Minutes of the June 19, 2002 meeting as submitted.

COMPLAINT COMMITTEE REPORT

        Mr. Harvey provided the following report on the status of complaints and license
reinstatement issues discussed by the Complaint Committee at its meeting on July 9, 2002.

         01-PE-02: Respondent’s license renewal was denied by the Board based on licensee
         having been disciplined in several other states. Hearings were set and postponed several
         times by the respondent. The Board and respondent agreed to the terms of a settlement;
         however, no response has been received from the respondent after receipt of a Consent
         Order. The Complaint Committee recommended that this case be sent to the Office of
Board for Professional Engineers
Minutes – July 17, 2002
Page 2


       Administrative Hearings for action and that there be no further postponements of
       hearings.

       02-PE-15: Respondent’s license was lapsed for two renewal periods, during which time
       17 projects were signed and sealed in Maryland. The Board approved denial of
       respondent’s license renewal with a Consent Order and $2,000 fine. This case was sent
       to the Assistant Attorney General’s office on July 9, 2002 for action.

       03-PE-01: Respondent’s license was lapsed for two renewal periods during which time
       one project was signed and sealed in Maryland. Denial of license renewal, a Consent
       Order and $500 fine was recommended by the Complaint Committee.

       03-PE-02: Respondent’s license was lapsed one renewal period, during which time two
       projects were signed and sealed in Maryland. Respondent advised the Board that both
       clients were notified when it was realized that the license had lapsed. The Complaint
       Committee recommended denial of license renewal, a Consent Order and $500 fine.

       03-PE-03: Respondent’s license was lapsed one renewal period, during which time three
       projects were signed and sealed in Maryland. After additional information, which was
       requested by the Complaint Committee was received, the Committee recommended
       denial of license renewal, a Consent Order and $500 fine.

       03-PE-04: Respondent’s license was lapsed one renewal period, during which time three
       projects were signed and sealed in Maryland. The respondent advised the Board that a
       P.E. supervisor, resigned the projects. The Complaint Committee recommended denial of
       license renewal, a Consent Order and $500 fine.

       03-PE-05: Respondent’s license was lapsed one renewal period, during which time eight
       projects were signed and sealed in Maryland. The Complaint Committee recommended
       denial of license renewal, a Consent Order and $1,000 fine.

         The Complaint Committee reviewed two additional cases for late renewal of license. In
the first case, the respondent’s license was lapsed for three renewal periods. The respondent had
not signed or sealed any projects in the State of Maryland during this time and was continuously
licensed in New Jersey. The Complaint Committee recommended that the respondent’s license
be renewed and a warning letter sent.

        The second case involves a respondent whose license was lapsed for four renewal
periods. Although not licensed in any other state, the respondent informed the Board that a
license is not required for their position. The Complaint Committee recommended that the
respondent’s license be renewed and a warning letter sent.
Board for Professional Engineers
Minutes – July 17, 2002
Page 3

       Motion (II) was made by Ms. Hunt, seconded by Mr. Howard, and unanimously carried
by the Board to accept the recommendations of the Complaint Committee as stated above.

CORRESPONDENCE

Letter from Andrew L. Ritter, Executive Director, North Carolina Board of Examiners for
Engineers and Surveyors, dated June 14, 2002

         The Board reviewed a letter from Andrew L. Ritter, Executive Director, North Carolina
Board of Examiners for Engineers and Surveyors, dated June 14, 2002, regarding the North
Carolina Board’s concern that NCEES does not require character references to be reviewed by
their staff to ensure that the candidates for licensure are of good character and reputation and are
technically competent, but only requires that an applicant have the correct number of references
for NCEES’s Model Law Comity Council Record Program. Mr. Ritter states that it is the
position of the North Carolina Board that since NCEES already reads the references, that the
references should be reviewed and any comment of “less than satisfactory” or any adverse
comment should be noted on the summary sheet for review by the respective state licensing
board. Mr. Ritter further advises that the North Carolina Board will be introducing a resolution
at the 2002 Annual Meeting that would charge the appropriate committee to revise the
appropriate Section 12 of the Model Law to ensure that an applicant must be of good character
and reputation and technically competent, as verified by five references, and as verified annually,
as long as that person remains in the Council Record Program. Mr. Ritter requests that each
Board discuss this resolution in anticipation of it being introduced at the Annual Meeting.

       Mr. Hotz stated that NCEES has already assigned a committee to review this issue. After
discussion, the Board decided that it supports the concept of NCEES reviewing the character
references. In the event that the resolution comes up at the Annual Meeting, the Board would
like Chairman Hotz to state that the Maryland Board unanimously supports the resolution of the
North Carolina Board as stated above, in principle.

Letter from Milena Y. Trust, Assistant Attorney General, to Tim G. Anderson, District
Counsel, U.S. Army Corps of Engineers, dated June 19, 2002

        The Board reviewed a letter from Milena Y. Trust, Assistant Attorney General, in reply to
Tim G. Anderson, District Counsel, U.S. Army Corps of Engineers, dated June 19, 2002, stating
that she is not aware of any instance where the Board held that drawings prepared by employees
of the Federal Government, such as the U.S. Army Corps of Engineers, must be signed and
sealed by a professional engineer licensed in the State of Maryland. Ms. Trust refers to Section
14-301(b) of the Business Occupations and Professions Article, Annotated Code of Maryland,
which specifically exempts from licensing requirements “an individual who practices engineering
while performing official duties as an officer or employee of the Federal Government.
Board for Professional Engineers
Minutes – July 17, 2002
Page 4


Letter from Milena Y. Trust, Assistant Attorney General to Earl R. Reed, P.E., dated June
24, 2002

        The Board reviewed a letter from Milena Y. Trust, Assistant Attorney General, in reply to
Earl R. Reed, P.E., dated June 24, 2002, regarding certain issues related to the practice of
engineering by employees of the City of Frederick who are not licensed professional engineers.
Ms. Trust advised Mr. Reed that in some instances employees of a municipality may be exempt
from licensing requirements that would otherwise be applicable if services were rendered by
individuals employed by private entities. Additionally, unless the City of Frederick has a local
law in place in the form of an ordinance, resolution, etc. that specifically requires certain
positions to be filled by a professional engineer, the City of Frederick employees may perform
engineering services without a professional engineer’s license as long as they are supervised by a
licensed professional engineer.

Letter from John Q. Adams, III, P.E., Director of Examination Development Services,
NCEES, dated June 24, 2002

       The Board reviewed a letter from John Q. Adams, III, P.E., Director of Examination
Development Services, NCEES, dated June 24, 2002, containing the national pass rates for the
April 2002 Fundamentals of Engineering and Principals and Practice of Engineering
Examinations.

NEW BUSINESS

Maryland’s Examination Pass Rates

       The Board received the pass/fail rates for the April 2002 Fundamentals of Engineering
and Principles and Practice of Engineering examinations for Maryland’s candidates as follows:

                                        Total Qualified     Passed      Failed     Absent

       Fundamentals of Engineering             439             276       113          50

       Principles and Practice of              218             110        90          18
       Engineering


Board for Professional Engineers
Minutes – July 17, 2002
Page 5
Chairman’s Report

      Mr. Hotz reported on the following:

     The Design Board Chairs are in the process of developing an agenda and information for
      county officials and permitting agencies at a Maryland Municipal League workshop in
      October.

      Ms. Trust reported that there have been a number of legislative changes during the last
      couple of years, such as, the Scope of Practice, and the signing and sealing of documents
      by Certified Interior Designers, and the Board Chairs very much wanted to educate the
      permitting agencies and county officials on these changes.

     The April NCEES Examination Report No. 5 is available. At the June Board meeting it
      was decided to invite the Engineering School Deans and department heads to a meeting,
      and present them with Report 5 for their respective schools. Dr. Maloy, of the Land
      Surveyors’ Board indicated interest in participating in this effort, and suggested holding
      the Deans’ meeting in conjunction with the NCEES Annual Meeting in Baltimore in
      August 2003. Mr. Hotz will contact Mike Shannon of NCEES about a possible
      presentation at the Deans’ meeting on the use of the FE exam for “outcomes assessment.”

      Mr. Hotz reviewed Report 5 with the Board and suggested that each Board Member visit
      the Dean of an engineering school to discuss the Board’s plan for a meeting on Report
      No. 5. In conjunction with this, the Board Members will discuss the proposed visits at
      the next Board Meeting and contact the schools as follows: Mr. Harvey – Johns Hopkins;
      Ms. Hunt – University of Maryland, Baltimore County; Mr. Howard – Morgan State
      University; Ms. Perrin – Loyola College and University of Maryland, College Park; Mr.
      Hotz – Capitol College.

     Mr. Hotz requested the Board Members to consider the following issues: a) experience
      credit for advanced degrees, for example, two years experience credit if a person has both
      a Masters and Ph.D.; b) should the Board begin to plan for continuing education for
      renewal; and c) a requirement for a college degree for Section 14-305(d) of the
      Engineers’ Law. He distributed a proposed law change for Section 14-305(d) to require
      that an applicant for licensure have a college degree in any curriculum. The Board
      discussed the subject, but no firm consensus was reached.


Board for Professional Engineers
Minutes – July 17, 2002
Page 6


      Ms. Trust reported that she sent the Department a legislative concept for Session 2003
      from last year’s bill as well as a proposal to eliminate the Limited License. The
      Department had one legislative meeting, but no commitments were made. The Board
       will be advised by September if the proposal will be part of the Department’s Legislative
       package.

OTHER BUSINESS

Naval Academy Examination Observers

        Dr. Szego reported that he met with Assistant Secretary Mark Feinroth regarding the
Board Members observing the FE examination at exam sites including the Naval Academy. He
stated that Mr. Feinroth felt that, most importantly, exam proctors and DLLR staff were
responsible for the safe, secure administration of the tests. Observers are welcome. The Board
discussed this issue and decided that the examinations are the Board’s responsibility, especially if
a problem occurs, and should therefore reserve the right to observe the exams. Mr. Hotz
encouraged the Board Members to visit the exams. He stated that “everyone who is involved
with the Board should be involved with the exams.”

ELECTION OF OFFICERS

      In accordance with the Board’s yearly election of officers, Mr. Hotz called for
nominations.

       Motion (III) was made by Mr. Howard, seconded by Ms. Hunt, and unanimously carried
by the Board to elect George Szego, Secretary of the Board for Professional Engineers.

       Motion (IV) was made by Mr. Howard, seconded by Ms. Perrin, and unanimously carried
by the Board to elect Eugene Harvey, Vice Chairman of the Board for Professional Engineers.

       Motion (V) was made by Mr. Howard, seconded by Ms. Perrin, and unanimously carried
by the Board to elect Melvin Hotz, Chairman of the Board for Professional Engineers.

       All nominations were accepted by the candidates.

        The Board discussed the possibility of eliminating the office of Secretary in its proposed
law change because of the lack of duties for this position. Dr. Szego suggested that the duties of
the Secretary should include reviewing Board correspondence. Dr. Szego also suggested that the
Minutes be tape recorded because he felt that some of his discussion was not always included.
Mr. Hotz stated that he was opposed to recording the minutes. He asked the Board Members to
think about some of the issues raised and continue discussion at the August Board Meeting.
Board for Professional Engineers
Minutes – July 17, 2002
Page 7


       Dr. Szego announced that June 14th and July 4th were the 226 birthdays , respectively of
the U.S. Army and of the United States. He stated that right now we are a nation under siege
which calls for us to be most diligent in our actions.
        Mr. Hotz thanked the Board Members for all of their work for the Board and the time that
they give.

APPLICATIONS APPROVED FOR RECIPROCITY

       Motion (VI) was made by Dr. Szego, seconded by Ms. Hunt, and unanimously carried by
the Board to approve the following applications for reciprocity:

       Ravinder K. Aggarwal – 27906                         Cawsie Jijina – 27903
       Hasan A. Askari – 27899                              Melissa G. Kay – 27417
       Danielle D. Betts – 27288                            Robert S. Kocher – 27892
       Todd R. Brewer – 27700                               Chad E. Kulawiak – 27414
       John R. Butterfield – 27389                          Gloria D. McCleary – 27283
       John C. Cassidy – 27867                              Brian Mitchell – 27858
       David B. Cokeley – 27904                             David W. Morrow – 27896
       Soumya S. Dey – 27894                                Clifford R. Paul – 27897
       Anthony Dougherty – 27397                            Robert W. Pintar Jr. – 27901
       Paul H. Ehrenberg – 27871                            David B. Powers – 27907
       Joe L. Foster, Jr. – 27905                           Peter J. Rant – 27413
       Catherine L. Hartman – 27286                         Adam D. Steininger – 27900
       Matthew T. Hickson – 27396                           William F. Stevens – 27819
       Andrew J. Hlavaty – 27895                            James P. Stewart – 27701
       Ronald J. Huffman – 27855                            William T. Timberlake – 27420
       William L. Humbert – 27847                           Michael A. White – 27898
       Rea A. Huston – 27848                                James L. Wood – 27902
       Joseph P. Jacobs – 27893                             Mingqiao Zhu – 27418


APPLICATIONS APPROVED ADMINISTRATIVELY FOR RECIPROCITY

       The following applications, supported by NCEES Model Law Engineer files, were
administratively approved for licensure by the Assistant Executive Director of the Board for
Professional Engineers:

       Jeff Abravesh – 27346                                David L. Mordan, Jr. – 27882
       Charles W. Bartlett – 27872                          Paul J. Pinigis – 27879
       John O. Bauch - 27875                                Stephen H. Punch – 27350
Board for Professional Engineers
Minutes – July 17, 2002
Page 8


       Timothy L. Brawner – 27887                           Nicholas A. Ramphos – 27852
       Daniel R. Compagno – 27352                           Quentin D. Rissler – 27881
       Robert M. Codero – 27888                             Mark J. Ruiz – 27880
       Daryl W. Davidson – 27886                            John M. Scheffey – 27889
       Stephen J. Druschel – 27885                          Daniel H. Schmidt – 27876
       Eduardo M. Freire – 27884                            Eli Sherman – 27890
       William S. Harris – 27883                            David F. Six – 27337
       Raymond S. Holdener – 27821                          Ingrid Stenbjorn – 27854
       Seth M. Light – 27878                                Gerald P. Sullivan – 27340
       Craig E. McElroy – 27877

ADJOURNMENT

       Motion (VII) was made by Ms. Perrin, seconded by Mr. Harvey, and unanimously carried
by the Board to adjourn the meeting at 12:00 p.m.



___________X___________ With Corrections

________________________ Without Corrections



Signed by: Melvin Hotz, P.E.
           Chairman



Corrections to July 17, 2002 Minutes

Page 6, last paragraph, change third sentence to read “Dr. Szego also suggested that the Minutes
be tape recorded because he felt that some of his discussion was not always included in the
Minutes.

								
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