Board for Professional Engineers s8

MINUTES BOARD FOR PROFESSIONAL ENGINEERS

Date: October 14, 2010

Place: 3rd Floor Conference Room 500 North Calvert Street Baltimore, Maryland 21202

Present: H. C. Harclerode, P.E., Chairman Steven A. Arndt, Ph.D., P.E., Vice Chairman Pastor Farinas, P.E., Secretary Sallye E. Perrin, P.E. David G. Mongan, P.E. Sandra J. Murphy

Others Present: Jay Hutchins, Executive Director Pamela Edwards, Assistant Executive Director Milena Trust, AAG, Counsel to the Board Dorothy Matricciani, Administrative Secretary Seckin Kelesoglu

Absent: Rosalind L. Yee

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 Ms. Perrin, and unanimously carried by the Board to approve the Minutes of the September 9, 2010 meeting as submitted.

APPLICATIONS APPROVED FOR RECIPROCITY

Motion (II) was made by Dr. Arndt, seconded by Mr. Farinas, and unanimously carried to approve 45 applications for reciprocity as follows:

Fawzy T. Abdelmalek 39450 Scott W. Lindelow 39569 Jonathan T. Beier 39518 Jamie L. McAllister 39570 Sanjoy Bose 39557 Janelle M. Meagher 39571 Patrick T. Cantrell 39558 Trinayana Mishra 39572 Brian P. Cassidy 39559 Will H. Newell 39573 Arinze U. Chiejina 39380 Edwin H. Nordahl 39574 David G. Dickinson 39560 Rasko P. Ojdrovic 39462 Xiang Ding 39561 Stephen P. Olsen 39575 Timothy D. Foley 39461 William R. Pratt 39576 Mark S. Foster 39500 Kurt J. Scheeren 39513 Jennifer A. Gemar 39562 John W. Schneider 39577 Board for Professional Engineers Minutes – October 14, 2010 Page 2

APPLICATIONS APPROVED FOR RECIPROCITY (Cont’d.)

Christopher J. Gomez 39525 Allison L. Scott 39510 Glen W. Griswold 39467 Peter Sluszka 39382 Khanh D. Ha 39451 Joseph M. Sobol 39541 Larry R. Harper 38684 Ronald H. Sutton 39503 Jarrod J. Hart 39388 Scott M. Thompson-Graves 39539 Merle L. Hawkins 39563 Jesse M. Varela 39436 Michael L. Jones 39564 Xiaoyi Wang 39578 Nalin H. Joshi 39524 Natalie E. Williams 39579 Shannon C. Kaplan 39565 Andrew R. Young 39580 James T. Kelley 39566 Conglong Yu 39581 Matthew R. Kusic 39567 Michael A. Zecca 39401 Jeffrey LaSalle 39568

EXECUTIVE SESSION

Motion (III) was made by Mr. Mongan, seconded by Ms. Murphy, and unanimously carried to go into Executive Session at 9:44 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 9:53 a.m.

COMPLAINT COMMITTEE REPORT

Mr. Farinas reported on the status of complaints and license reinstatement issues discussed by the Complaint Committee at its meeting on October 14, 2010.

07-PE-16: Hearing date set for January 6, 2011. & 19: 10-PE-12: Revised Consent Order sent to respondent’s attorney. 10-PE-21: Hold for decision from West Virginia Board before taking further action. 11-PE-02: Consent Order sent to respondent on October 5.

The Complaint Committee reviewed one application for reinstatement of license and recommends reinstatement with a warning letter.

Motion (IV) was made by Ms. Perrin, seconded by Dr. Arndt, and unanimously carried to accept the recommendations of the Complaint Committee.

Board for Professional Engineers Minutes – October 14, 2010 Page 3

OLD BUSINESS

 The Board discussed several issues concerning applicants for the Principals and Practice of Engineering examination who have failed the exam three times, waited two years, and are reapplying for the exam. The issues are: 1) requiring an applicant to take review or prep courses to improve his/her chance of passing a future exam; and 2) requiring an applicant to provide updated information about their work experience since the first time they applied for the exam. The 2nd requirement, although not listed in the regulations, is already in place. After discussion, the Board decided to continue the practice of requiring an applicant to provide updated work experience along with a new application, and requested Ms. Trust to update the regulations to include this requirement. The Board further decided not to require an applicant who has failed the exam three times to take review or prep courses. The Board also reaffirmed the two-year waiting period after three failures.

Motion (V) was made by Mr. Arndt, seconded by Mr. Farinas, and unanimously carried to update the regulations to memorialize the Board’s current practice of requiring an applicant who has failed the exam three times to submit a new application and updated work experience on a Report of Professional Experience (RPE) form, when applying for the exam.

 Mr. Mongan provided the Board with a draft on the requirements for Continuing Professional Competency (CPC) that was developed by the CPC Committee of which Mr. Mongan is Chairman. Mr. Mongan reviewed and discussed the draft in detail with the Board. He said that for the most part the draft is consistent with the requirements in the NCEES Model Law and the Maryland Land Surveyors Regulations. Twenty-four Professional Development Hours (PDHs) are standard throughout the draft. He further said that Ms. Trust will provide some structuring of the draft, and after the next two CPC meetings he should have a set of regulations to present to the Board for approval.

Mr. Harclerode said that the Board’s regulations for CPC should be compatible with the states of Pennsylvania and Virginia and other states in close proximity to Maryland. He said that a form will be available on-line for documenting continuing education units. Mr. Harclerode complimented Mr. Mongan and the CPC Committee for their fine work on the draft.

 Ms. Edwards said that regarding the Request for Proposals (RFP), for a testing contractor, the financial proposals have been opened and “best and final offer” letters have been sent out by the Fiscal Department. An RFP meeting is scheduled for October 19.

 Regarding the Board’s nomination of Mr. Harclerode for Vice President of the Northeast Zone, Mr. Farinas said that he drafted letters to be sent to the Chairman of the NCEES Nominating Committee and the Northeast Zone P.E. Boards, and forwarded the letters to the Board staff for distribution.

Board for Professional Engineers October 14, 2010 Page 4

 The Board discussed possible legislation for a Certificate of Authorization and the various issues associated with it. Mr. Harclerode said that the Design Boards are in agreement on certain points, but the issue of what the Board would expect a company to have in the way of an owner or principal needs to be resolved. After a lengthy discussion, the Board decided that there would be no ownership requirement or resident engineer in responsible charge requirement, but there must be a full-time employee who is a Maryland PE in responsible charge. Regarding enforcement capability, the responsible member’s license would be sanctioned – not the firm’s permit.

Mr. Harclerode said that he believes it is now possible for all of the Design Boards to come to a consensus on the requirements for a Certificate of Authorization. He also said that the Board needs to track the feelings of the professional societies on this proposed legislation.

Motion (VI) was made by Mr. Mongan, seconded by Mr. Farinas, and unanimously carried that the proposed legislation for a Certificate of Authorization require a full-time employee in responsible charge, who is a Maryland Professional Engineer. The enforcement penalty is suspension or revocation of the responsible member’s license, or a fine. The Board further directs Mr. Harclerode to take this proposal to the next Joint Chairs meeting and, also to advise the Maryland Society of Professional Engineers (MSPE) of it.

 Mr. Harclerode said that with the Board’s approval, he is in the process of finalizing the budget for the Northeast Zone Meeting which will be held in Annapolis, Maryland in the Spring of 2011. Mr. Harclerode said that he has been working on the agenda, menus, and events and he expects to have all in place by November 30.

Motion (VII) was made by Mr. Farinas, seconded by Mr. Mongan, and unanimously carried to give Mr. Harclerode the authority to finalize all arrangements for the Spring 2011, Northeast Zone Meeting in Annapolis, Maryland.

NEW BUSINESS

 In consideration of Dr. Arndt’s outstanding service to the Board and NCEES, Mr. Harclerode nominated Dr. Arndt for the NCEES 2011 “Enny” (NE) Distinguished Service Award. Northeast Zone awards will be presented to recipients at the Zone meeting to be held in Annapolis, Maryland in the Spring of 2011.

Motion (VIII) was made by Mr. Harclerode, seconded by Ms. Perrin, and unanimously carried to nominate Dr. Steven Arndt for the NCEES 2011 “Enny” (NE) Distinguished Service Award.

The Board staff will submit the award nomination form to Ms. Lesley Rosier-Tabor, P.E., Chair of the Northeast Zone Awards Committee, before March 1, 2011.

Board for Professional Engineers October 14, 2010 Page 5  The Board discussed the possibility of requiring Professional Engineer character references on reciprocal applications to be other than those listed on the Record of Work Experience (Form 5), and decided to continue with its current practice of permitting employers listed on Form 5 to also be used as character references. This applies to reciprocal applications only, not exam applications.

 Due to a holiday falling on the scheduled date of the November Board meeting, and conflicting engagements of the Board Members, the Board decided to reschedule the November Board meeting to November 8, at 1:30 p.m.

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.

Kusay M. Ali 39521 Tuan D. Hoang 39474 Allan Ames 39537 John D. Hunt 39501 Andrew J. Ayers 39508 Rhett R. Jackson 39514 David A. Birbeck 39528 David C. Jones 39536 Keith W. Bowes 39542 Dilip M. Khatri 39506 Jay W. Bradley 39532 Beth E. Kilbourne 39534 David M. Brodowski 39523 Daniel M. Killian 39535 Briana C. Campbell 39507 Kyle J. Lehman 39471 Ismail Ceyhan 39543 Riley K. Mahaffey 39511 Aldo F. Colandrea 39509 Eric M. Matzan 39502 Derek P. Cronin 39544 Michael A. McGuire 39549 Michael G. Darga 39531 Emily S. McKinnon 39520 Ian J. Denholm 39545 Adam M. McLaughlin 39519 Lowry J. Denty 39546 Thomas W. Millard 39550 Ryan J. Dexter 39547 Kurt R. Ruhland 39379 John G. Durant III 39473 Jeffrey S. Schalk 39515 Daryl L. Ebersole 39468 Arthur R. Sinclair 39472 Cory A. Fisher 39529 Michael B. Spears 39504 Walter H. Flood 39548 Donn L. Stone 39533 Patrick J. Fortney 39516 Stephan P. Voss 39505 Jeffrey P. Goolesby 39582 Mark J. Waskovich 39551 Mark B. Henry 39362

Board for Professional Engineers October 14, 2010 Page 6 ADJOURNMENT

Motion (IX) was made by Mr. Mongan, seconded by Ms. Murphy, and unanimously carried to adjourn the meeting at 11:53 a.m.

______With Corrections

____X_____Without Corrections

Signed by: Howard C. Harclerode, P.E. Chairman