Minutes | 2012 July 19

Minutes of the Regular Meeting of the Ohio State Board of Registration for Professional Engineers and Surveyors

Thursday, July 19, 2012

Members Present:

James D. Mawhorr, P.E., P.S., Chair
Chandra R. Shah, P.E., Vice Chair
Frank D. Snyder, Jr., P.S., Secretary
Keith Swearingen, P.E., P.S., Member
Nelson E. Kohman, P.E., Member

Staff Present:

John F. Greenhalge, Executive Director
Lynn M. Jones Assistant, Executive Director
Jason P. McLean, Enforcement Supervisor
Karen Schick, Administrative Assistant
James E. Evans, Assistant Attorney General

CALL TO ORDER

The State Board of Registration for Professional Engineers and Surveyors held its regular meeting on Thursday, July 19, 2012 at 50 West Broad Street, Suite 1820, Columbus, Ohio 43215 in the Board conference room. Chairman Mawhorr called the meeting to order at 9:30 a.m.

1. APPROVAL OF MINUTES

The minutes of the May 24, 2012 Board meeting were presented for approval.

Motion by Mr. Kohman, second by Mr. Swearingen, to approve the May 24, 2012 meeting minutes as presented. Motion carried.

2. RECOGNITION OF GUESTS AND PUBLIC COMMENTS

Present at the meeting:

Holly Ross, Ohio Society of Professional Engineers
Melinda Gilpin, Professional Land Surveyors of Ohio

3. BOARD REVIEW OF APPLICATIONS

A. David DeChristofaro Associates and Thrasher Engineering

David DeChristofaro, P.E., P.S. has requested Board approval to be listed as the person in responsible charge of engineering and surveying activities and decisions for Thrasher Engineering while maintaining his COA for David DeChristofaro Associates.

No action taken.

B. Savage Walker Engineering and Professional Engineering Group, LLC

Mark D. Walker, P.E., P.S. has requested Board approval to be listed as the person in responsible charge of engineering and surveying activities and decisions for Savage Walker Engineering while maintaining his COA for Professional Engineering Group, LLC.

No action taken.

C. Shawco Engineering and Centric Engineering

Matthew L. Shaw, P.E., has requested Board approval to be listed as the person in responsible charge of engineering and surveying activities and decisions for Shawco Engineering while maintaining his COA for Centric Engineering while Centric completes projects in progress.

Motion by Mr. Snyder, second by Mr. Kohman, to approve the COA application for Shawco Engineering and to approve the COA renewal for Centric Engineering until December 31, 2012. Motion carried.

D. Douglas R. Alvine, P.E.- Reinstatement

Mr. Alvine has requested reinstatement of his Ohio PE registration. In the application Mr. Alvine stated that he has performed engineering on three projects in Ohio since his registration expired.

No action taken.

E. Russell W. Carlisle- PE Exam Applicant

The Board reviewed the application and directed staff to place Mr. Carlisle’s application on the next CRC report for approval.

F. Robert R. Anderson- PE Exam Applicant

The Board reviewed the application and directed staff to place Mr. Anderson’s application on the next CRC report for approval.

G. Fernando Nunes Camargo- PE Exam Applicant

The Board reviewed the application and directed staff to place Mr. Anderson’s application on the next CRC report for approval.

H. Breeze Alanah Walter- PE Exam Applicant

The Board reviewed the experience listed on Ms. Walter’s application and determined that the application was incomplete since she did not complete 4 years of engineering experience.

4. APPROVAL OF CREDENTIALS REVIEW COMMITTEE REPORTS

The Credentials Review Committee (CRC) Report of July 18, 2012 was presented for review and approval by the Board.

Motion by Mr. Kohman, second by Mr. Swearingen, to approve the July 18, 2012 CRC report. Motion carried.

5. RATIFICATION OF REGISTRATIONS ISSUED

The Board reviewed the registrations issued since the last Board meeting. The names and registration numbers of all approved applicants since the last meeting were presented on paper and electronic media.

Motion by Mr. Shah, second by Mr. Snyder, to approve the registrations issued since the last Board meeting. Motion carried.

6. EXAMINATIONS

A. April 2012 Examinations

Mr. Greenhalge presented the following exam statistics:

Type

Applied

Approved

Examined

Passed

% Passed

Failed

% Failed

FE

1097

1071

841

636

76%

205

24%

FS

24

23

21

14

67%

7

33%

862

650

75%

212

25%

PE

412

388

331

203

61%

128

39%

PS

20

17

16

9

56%

7

44%

347

212

61%

135

39%

Totals

1553

1499

1209

862

71%

347

29%

Note- 1313 candidates were scheduled with NCEES to take exams, 96 were no shows.

B. The Board reviewed a request from an examinee to take the PE examination. The applicant was previously approved to take the FE exam in 2004; however, the applicant’s college is not regionally accredited.

The Board directed staff to inform the applicant that the college must be regionally accredited in order to be eligible to take the exams.

C. The Board reviewed a request from an examinee to take the PE examination. The applicant was previously approved to take the FE exam in 2003; however, the applicant graduated from an engineering technology curriculum that was not TAC/ABET accredited.

The Board directed staff to inform the applicant that the Board may accept his degree after the Board has reviewed the applicant’s engineering experience.

7. EXECUTIVE DIRECTOR’S REPORT

A. Executive Director’s Report

1. FY 2013 Personal Service Contracts

Mr. Greenhalge requested Board approval for the following personal service contracts for FY 2013:

Examination Consultant

Test, Inc. $15,000

Hearing Examiners

Blaugrund, Herbert & Martin (Marc Myers) $2,650

Consultants

D. Bruce Larcomb, P.E., P.S. $3,000

William E. Norris, P.E. $3,000

David L. Cox, P.S. $1,000

Bradley J. Kramer, P.S. $2,000

Motion by Mr. Shah, second by Mr. Kohman, to approve the requested personal service contracts for FY 2013. Motion carried.

Mr. Greenhalge reported that he and Mr. Snyder will attend the NCEES Annual Meeting August 22-25. Mr. McLean will attend the Law Enforcement programs on Friday and Saturday.

Mr. Greenhalge distributed the year-end financial statement.

8. ENFORCEMENT

A. Board Review

PE Examinee | Case No. 12-112

On May 21, 2012 the Board received a letter from the NCEES Compliance and Security Manager informing the Board that a suspected exam irregularity had occurred and he requested the Board investigate the matter. The Board conducted its investigation of the matter by interviewing the two examinees identified in the irregularity report.

On May 29, 2012 Board staff interviewed Examinee #1 at the Board’s office in Columbus, Ohio. Examinee #1 stated that he observed Examinee #2 trying to look at his exam and tried to get Examinee #1’s attention by gesturing and whispering during the exam. After the exam ended Examinee #1 stated that Examinee #2 approached him and asked him why he had covered his answer sheet.

On May 30, 2012 Board staff interviewed Examinee #2. Examinee #2 initially denied the allegations but later contacted the Board and provided a written statement admitting that he copied answers from Examinee #1’s answer sheet.

Motion by Mr. Snyder, second by Mr. Kohman, to invalidate SUBJECT’s exam score and not permit SUBJECT to retake the exam earlier than October 2013. Motion carried.

B. Settlement Agreements

Delbert R. Ogle | Case No. 11-080, 12-086

On March 10, 2011 and on March 14, 2012 the Board received complaints alleging SUBJECT PE had violated ORC 4733 by providing engineering services and representing himself to the public as a registered professional engineer in Ohio at a time when his Ohio professional engineer’s registration was expired. Respondent’s registration to offer and provide engineering services expired on December 31, 2009. On April 2, 2012 the Board received evidence indicating Respondent continued to practice engineering on at least thirty (30) different projects in Ohio while his registration was expired. During an interview SUBJECT PE offered to enter into a settlement agreement wherein he would agree to voluntarily surrender his professional engineer registration in the State of Ohio.

Motion by Mr. Snyder, second by Mr. Kohman, to open an investigation, accept the settlement agreement and close the investigation. Motion carried.

Elizabeth L. Hanson, P.E. | Case No. 12-114

On February 24, 2012 SUBJECT was selected for the CPD audit. On May 31, 2012 SUBJECT sent in certificates of completion with a letter notifying the Board that she did not earn all of her 15 continuing education hours prior to renewing her 2012-2013 license. SUBJECT entered into a settlement agreement wherein SUBJECT agreed to pay a $2,000.00 fine and receive a reprimand.

Motion by Mr. Snyder, second by Mr. Kohman, to open an investigation, accept the settlement agreement and close the investigation. Motion carried.

C. Close Investigation

Thomas Bellace, P.E. | Case No. 11-113

SUBJECT voluntarily surrendered his professional engineer license in the State of Florida in lieu of disciplinary action by the Florida Board and subsequently the North Carolina Board refused to renew SUBJECT’s professional engineer license. SUBJECT failed to report both actions to the Ohio Board. On May 24, 2012 the Board issued a Final Order revoking SUBJECT’s professional engineer license. A Notice of Appeal was not filed.

Motion by Mr. Snyder, second by Mr. Swearingen, to close the investigation. Motion carried.

David A. Holden, P.S. | Case No. 10-045, 11-054, 11-077

On May 24, 2012 the Board revoked Mr. Holden’s registration as a professional surveyor in Ohio.

Motion by Mr. Snyder, second by Mr. Shah, to close the investigation. Motion carried.

9. CORRESPONDENCE

A. Letter from Dahoud Hakim concerning inability to obtain original college transcripts from Syria.

No action taken.

B. Request for Board opinion from Stephen M. Risser, P.E.

The Board reviewed and discussed Mr. Risser’s request. Mr. Greenhalge will draft a letter to Mr. Risser advising him that the Board does not believe that a conflict of interest exists in the situation he described in his letter to the Board.

C. Letter from Ray Huffman requesting exemption from licensing requirements.

Mr. Greenhalge was directed to advise Mr. Huffman that R.C. 4733.11 requires graduation from an accredited or Board-approved surveying curriculum of four years or more in order to become registered as a professional surveyor and the Board cannot waive the requirement.

D. Letter from Joseph Dura requesting substitution of surveying courses.

The Board reviewed the courses submitted by Mr. Dura and determined that they do not meet the requirements of the Surveying Courses Worksheet.

10. NEW BUSINESS

A. Proposed Schedule for April 2013 Examinations

Mr. Greenhalge requested Board approval for the schedule for the engineering and surveying examinations to be administered by NCEES Exam Administration Services on April 12 and 13, 2013.

DECEMBER 12, 19, 26, 2012 CRC
DECEMBER 13, 2012 APPLICATION DEADLINE (OH BOARD)
JANUARY 14, 2013 DEADLINE FOR RE-EXAMS AND STUDENTS
JANUARY 2, 9, 16, 23, 30, 2013 CRC
FEBRUARY 6, 13, 20, 2013 CRC
FEBRUARY 21, 2013 NCEES DEADLINE

Motion by Mr. Kohman, second by Mr. Snyder, to approve the April 2013 exam schedule.

B. Proposed 2013 Board Meeting Schedule

Mr. Greenhalge requested approval for the proposed meeting schedule for 2013.

Board meeting dates are scheduled on the third Thursday of the month.

JANUARY 17 BOARD MEETING
FEBRUARY 21 BOARD MEETING
MARCH 21 BOARD MEETING
APRIL 4-6 NCEES CENTRAL ZONE MEETING (Biloxi MS with Southern Zone)
MAY 16 BOARD MEETING
JULY 18 BOARD MEETING
AUGUST 15 BOARD MEETING
AUGUST 21-24 NCEES ANNUAL MEETING (San Antonio TX)
OCTOBER 17 BOARD MEETING
NOVEMBER 21 BOARD MEETING

Note: There are no meetings scheduled in April, June, September or December.

Motion by Mr. Kohman, second by Mr. Snyder, to approve the 2013 Board meeting schedule. Motion carried.

11. UNFINISHED BUSINESS

A. Board review of draft policy for temporary approvals of COA applications.

Mr. Greenhalge presented for Board approval a draft policy for granting temporary approval to COA applications that are pending Board approval. The Board reviewed the draft policy and Mr. Shah suggested adding that the temporary approval will be granted for 90 days. If a firm needs more than 90 days the temporary application can be resubmitted.

Motion by Mr. Shah, second by Mr. Kohman, to approve the policy for granting temporary COA applications as amended. Motion carried.

12. PUBLIC RELATIONS

On July 31, 2012 Mr. Greenhalge will conduct a presentation on the Board’s Code of Ethics at American Electric Power. Mr. Greenhalge will be the moderator of the NCEES Law Enforcement Forum and conduct a training session on investigative interviewing at the NCEES Annual Meeting in August.

The fall certificate ceremony is scheduled for September 8, 2012 in the Statehouse atrium. Mr. Kohman will attend and offer remarks on behalf of the Board.

13. UPCOMING BOARD MEETINGS

The next meeting was scheduled for Thursday August 16, 2012. The meeting was rescheduled for Thursday September 27, 2012.

14. ADJOURNMENT

The Board adjourned at 11:30 a.m. Following the meeting Assistant Attorney General Erin Butcher-Lyden conducted a training session for Board members and senior staff covering Ohio’s sunshine laws, open meetings and public records. The presentation lasted one hour.

These minutes were written on July 20, 2012 and approved by the Board on September 27, 2012.

James D. Mawhorr, P.E., P.S., Board Chair
Franklin D. Snyder, Jr., P.S., Board Secretary
John F. Greenhalge, Executive Director