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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