MINUTES .us



MINUTES

BOARD FOR PROFESSIONAL ENGINEERS

Date: May 9, 2013

Place: 3rd Floor Conference Room

500 North Calvert Street

Baltimore, Maryland 21202

Present: H. C. Harclerode, P.E., Chairman

Steven A. Arndt, PhD., P.E., Vice Chairman

David G. Mongan, P.E.

Karl Rickert P.E.

Pastor Farinas, P.E.

Sally Perrin, P.E.

Others Present: Pamela J. Edwards, Acting Executive Director

Milena Trust, AAG, Counsel to the Board

Janet Morgan

Michael Vorgetts, Deputy Commissioner

Absent: Rosalind Yee

Sandra Murphy

CALL TO ORDER

Chairman Harclerode called the meeting to order at 9:00 a.m.

ACTION ON MINUTES

Motion (I) was made by Mr. Mongan, seconded by Mr. Farinas, and unanimously carried by the Board to approve the minutes of the April 11, 2013 meeting as submitted.

APPLICATIONS APPROVED FOR RECIPROCITY

Motion (II) was made by Ms. Perrin, seconded by Mr. Farinas, and unanimously carried to approve 28 applications for reciprocity as follows:

|Joseph A. Baran |43445 |David J. Demauro |43508 |

|Brett A. Brenize |43506 |Mark S. Frey |43509 |

|Helene M. Brennan |43511 |Zvi Gershony |43512 |

|James A. Carter |43510 |Nolan E. Johnson |43513 |

APPLICATIONS APPROVED FOR RECIPROCITY (Cont’d.)

|Alexandre Kaploun |43447 |Bruce Leland Roth |43493 |

|Jeffrey A. Konrad |43507 |Anup Kumar Sen |43488 |

|Ellen H. Kucharik |43514 |Bryan J. Shober |43518 |

|Athanasios T. Marinos |43505 |Keith Paul Shortall |43267 |

|Peter Morales Nieves |43516 |Michael A. Sodl |43519 |

|Daniel E. O'Bannon III |43515 |Aaron A. Taylor |43484 |

|Dexter Wayne O'Neil |43481 |Preston L. Van Meter |43502 |

|Michael Andrew Paine |43371 |Hongyu Wang |43503 |

|Richard E. Ray Jr. |43517 |Gang Xu |43504 |

|Paul A. Reardon |43474 |Albert D. Yodakis |43501 |

EXECUTIVE SESSION

Motion (III) was made by Ms. Perrin, seconded by Mr. Mongan, and unanimously carried to go into Executive Session at 10:20 a.m. at 500 North Calvert Street, 3rd Floor Conference Room, Baltimore, Maryland, 21202. This session was permitted to be closed pursuant to State Government Article, Title 10-508(a)(7). Upon completion of the session, the Board reconvened its public meeting at 11:00 a.m.

COMPLAINT COMMITTEE REPORT

Mr. Farinas reported on the status of complaints discussed by the Complaint Committee at its meeting on May 9, 2013.

12-PE-08 Inactive status pending outcome of civil litigation.

12-PE-12 Hearing cancelled. Respondent signed Consent Order and paid fine. Close.

12-PE-13 Inactive status pending outcome of civil litigation.

13-PE-01 Decision issued by Judge; letter sent asking for copy of decision.

13-PE-06 Charge letter signed.

13-PE-07 More investigation needed for pre-charge review.

13-PE-08 Investigation report updated. State's Attorney still investigating.

13-PE-12 Consent order signed and fine paid. Close.

13-PE-13 Consent order signed and fine paid. Close.

13-PE-14 Send 20-day response letter.

13-PE-15 Offer consent order and $300 fine.

13-PE-16 Offer consent order and $2400 fine.

The Complaint Committee reviewed two applications for reinstatement of license and recommends consent orders and fines for both.

The Board decided to deny the license of a licensee who did not take the examination. This matter will be referred to the AAG for preparation of a denial letter with an offer for hearing.

Motion (IV) was made by Mr. Mongan, seconded by Ms. Perrin, and unanimously

carried to accept the recommendations of the Complaint Committee.

CPC COMMITTEE REPORT

David Mongan stated that Masonry Solutions is approved as a CPC provider. He stated that EA Engineering can be removed from the pending list because they have withdrawn their application. He noted that there are several pending applications that remain incomplete despite being asked to submit additional information. It was suggested that a letter be sent to those companies who have had applications spending for six months or more telling them that their applications will be closed. Motion (V) was made by Mr. Mongan, seconded by Mr. Farinas, and unanimously carried to accept the recommendations of the CPC committee.

NEW BUSINESS

It was brought to the Board's attention that one of the approved CPC providers mailed fliers containing the DLLR logo to all licensed professional engineers. Staff brought the flier to the attention of the Secretary's office. The Board felt that the flier is misleading. Mr. Arndt stated that a reasonable person could easily be deceived into believing that this mailing came from the Board. It has generated calls and inquiries to the office. Ms. Trust will prepare a letter to the provider telling them to cease and desist using the logo. If they continue to use it, the Board may rescind its approval to provide CPC courses.

Report on NCEES Northeast Zone Meeting

Mr. Harclerode reported that board and staff members attended the Zone meeting last week in Cape May, N.J. Mr. Arndt was elected Assistant Vice President. Mr. Farinas received the Northeast Zone Distinguished Award. The vote for President Elect resulted in a tie, therefore, the decision will be made at the Annual Meeting at which time all boards will vote.

Other business discussed at the meeting included ongoing changes to implement computer-based testing, changes in processes for F.E exam applications, and fee changes.

OLD BUSINESS

Legislative Update

The Board extended its thanks to Michael Vorgetts and Ms. Trust for their hard

work getting the firm permit bill passed. The Board discussed possible legislation for the 2014 session, including whether legislation is needed to enable electronic signing and sealing. Ms. Trust said implementation can be done through regulation and a law change is not needed. At this time, the Board feels that no legislation will be needed in 2014.

Electronic Signing and Sealing

Ms. Perrin stated that it seems other states have implemented electronic signing and sealing with a simple process. They make licensees liable for the security of the electronic signature. The Board felt that more research including a public forum is needed to discuss this issue.

Update on Staff Issues

Ms. Edwards reported that the recruiting process is continuing for the exam coordinator position.

Processing of FE Applications

Chairman Harclerode reported that in response to input from state boards, NCEES has developed a limited approval option wherein applicants with an ABET application will proceed through the automatic approval path and non-ABET applications will be directed to the state board.

Motion (VI) by David Mongan, seconded by Pastor Farinas, and unanimously carried to adopt the limited approval option for the Maryland F.E. exam application process.

CORRESPONDENCE

Email was received from Sam Dawoud dated April 22, 2013 asking if Maryland has an exemption from CPC for licensees who reside/work overseas more than 120 days continuously. The Board stated that the only exemption would be for a licensee assigned overseas in the military.

Letter dated April 22, 2013 was received from Harry Conway concerning retired status. Mr. Conway was questioning why retired architects receive an "emeritus" designation, but engineers have a "retired" status. He urged the Board to consider using the term "emeritus" for retired engineers to replace the present "retired" status. It was

noted that the terms are contained in the law. The Board has no discretion, but the next time the Board does a "clean-up" of the law, it will consider making the change.

The Board received a letter from George Mino dated April 30, 2013 requesting an extension to complete the CPC requirements. His license expires on June 2, 2013, but he is not scheduled to start online courses until May and doubts he will be able to complete

12 PDHs by May 31, 2013, but thinks he can complete them by July 31, 2013. The Board decided that Mr. Mino did not qualify under the regulations for an extension. Ms. Edwards will prepare a response.

The Board received an email from Kelly Stanka Moxley stating that Nevada allows individuals to take the exam before meeting the experience qualification but do not receive a license until the experience qualifications are met. She asked if Maryland will recognize the exams under these circumstances. The Board agreed that the law does not require that the steps be completed in order and therefore, the Board would accept the exams from Nevada.

OTHER BUSINESS

Ms. Edwards noted that because of the changes in the exam administration, i.e. CBT, and changes the Board made to the law to facilitate those changes, the Board should discuss re-examination procedures as the Board now has the authority to promulgate regulations to set the requirements. This issue will be tabled until the next meeting.

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:

|Paul C. Armano |43470 |Michael J. Kraemer |43492 |

|John Baumgardner |43476 |John R. Messineo Jr. |43491 |

|Justin T. Billodeau |43469 |Benjamin H. Mills |43499 |

|Charlotte A. Bouvier |43496 |Matthew R. Myers |43498 |

|Justin M. Brown |43480 |Rimah I. Nazzal |43471 |

|Thomas Burk Chapin |43417 |John A. Reis |43494 |

|Jason Alan Davis |43478 |John Brent Stephens |43446 |

|Joe Ervin |43472 |William M. Thomas |43495 |

|Azlan B. Ezaddin |43497 |James A. Trynosky |43477 |

|Scott P. Higinbotham |43500 |Ryan J. Wanko |43486 |

|David Kent Johnson |43489 |Thomas Allan Weber |43487 |

|Russell A. Keller |43473 |Mark J. Zajac |43490 |

APPLICATIONS DENIED FOR LICENSURE BY RECIPROCITY

Motion (IX) was made by Mr. Mongan, seconded by Mr. Farinas, and unanimously carried to deny two applications for the principles and practice of engineering exam because the applicants did not meet the requirements.

APPLICATIONS APPROVED FOR THE PRINCIPLES AND PRACTICE OF

ENGINEERING EXAMINATION, OCTOBER 25, 2013

|Jennifer Nicole Adams (Lloyd) | |Amar K. Maniar | |

|Mark A. Colgan | |Micela Rosell | |

|Ramesh P. Hariharan | |Prashant K. Ruparel | |

|Sagar B. Khadka | |Alexander S. Tsarev | |

|Lili Liang | |Joseph W. Wilcher | |

|Robert Michael Lowe | | | |

ADJOURNMENT

Motion (X) was made by Mr. Farinas, seconded by Mr. Mongan, and unanimously carried to adjourn the meeting at 11:45 p.m.

__________ With Corrections

__________Without Corrections

Signed by:

Howard C. Harclerode II, Chairman

Date: July 11, 2013

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