Board for Professional Engineers s6

MINUTES BOARD FOR PROFESSIONAL ENGINEERS

Date: May 13, 2004

Time: 9:00 a.m.

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

Present: Melvin Hotz, P.E., Chairman Eugene C. Harvey, P.E., Vice Chairman Sallye E. Perrin, P.E., Secretary H. C. Harclerode, P.E. Michael J. Howard Rosalind L. Yee

Others Present: Pamela Edwards, Assistant, Executive Director Milena Trust, Counsel to the Board Dorothy Matricciani, Administrative Secretary Robert Mead, Executive Director, MSPE George D. Peterson, Executive Director, ABET, Inc. Muriel M. Zhou, Director, ECEI

Absent: Alison A. Hunt, P.E.

CALL TO ORDER

Mr. Melvin Hotz, Chairman, called the meeting to order at 9:06 a.m.

ACTION ON MINUTES

Motion (I) was made by Ms. Yee, seconded by Mr. Harclerode, and unanimously carried by the Board to approve the Minutes of the April 8, 2004 meeting as submitted.

CORRESPONDENCE

Letter from James R. Nichols, P.E., Chair, Texas Board of Professional Engineers, dated April 27, 2004

The Board reviewed and noted a letter from James R. Nichols, P.E., Chair, Texas Board of Professional Engineers, stating that the Texas Board has withdrawn proposed amendments to the NCEES Constitution and Bylaws. No action by the Board is required.

Board for Professional Engineers Minutes – May 13, 2004 Page 2

Letter from an Examination Candidate, dated April 29, 2004

The Board reviewed a letter from an individual who is requesting a waiver of the two- year waiting period after failing the PE examination three times. After discussion, the Board decided that while it sympathizes with this individual’s situation, the licensing statute does not provide the Board with the authority to make an exception to the two-year waiting period. Ms. Trust will respond to this correspondence.

Letter from Robert G. Patterson, P.E. dated April 23, 2004

The Board reviewed a letter from Robert G. Patterson, P.E., requesting “retired status” for his Maryland P.E. license No. 3790, which was issued in 1961. Mr. Patterson writes of his very positive experience with the Maryland P.E. Licensing Board and expresses his deep pride for his P.E. license. The Board Members extend their thanks to Mr. Patterson for his kind letter, and will advise him that it is exploring the possibility of creating a “retired status” category. Ms. Matricciani will respond to Mr. Patterson.

PRESENTATION FROM ABET – ECEI

Mr. George Peterson, Executive Director, Accreditation Board for Engineering and Technology (ABET) and Ms. Muriel Zhou, Director, Engineering Credentials Evaluation International (ECEI), gave a presentation on the credentials evaluation service of ABET, ECEI. ECEI was established per NCEES and State Boards’ requests and currently serves NCEES, State Boards, industries, institutions, and individuals. Its purpose is to provide a uniform evaluation of foreign credentials across all state Boards. Ms. Zhou spoke on the methods ECEI uses to authenticate and verify academic records, and how to identify a reliable evaluation service. She stated that ABET does not “accredit” programs outside of the U.S., however, if these programs are found to be “substantially equivalent” by ECEI, then they may be treated with the same rigor as an EAC-ABET accredited program in the U.S. Ms. Zhou stated that it is difficult to obtain information from certain countries, such as, Iraq, Afghanistan, Cuba, and Sudan and she advised the Board to examine undergrad foreign degrees, and ask for an evaluation, even if an individual has a Master’s or Ph.D from a United States Institution. Mr. Peterson reported that a very important topic today is “fraudulent diplomas.” He stated that ECEI has become especially focused on authenticating foreign diplomas. A security task force with representatives from NCEES, NSPE and ABET has been formed to study this issue. Mr. Peterson also explained the credentials required by ABET for its evaluators. He pointed out that for every ABET visit to an institution, a State Board representative is invited to be on the detail. A question and answer period then ensued, at the conclusion of which, Mr. Hotz thanked Mr. Peterson and Ms. Zhou for their enlightening presentation and stated that the Board may have more questions and would call on them to visit the Board in the future.

Board for Professional Engineers Minutes – May 13, 2004 Page 3 EXECUTIVE SESSION

Motion (II) was made by Mr. Harclerode, seconded by Ms. Perrin, and unanimously carried by the Members of the Board for Professional Engineers in attendance to go into Executive Session at 11:25 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 11:45 a.m.

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 May 11, 2004.

01-PE-02: Case on hold pending results of action taken by another State Board. 04-PE-02: Additional information not received after one month deadline. Recommend closure. 04-PE-03: Case referred to Assistant Attorney General’s Office. 04-PE-13: Case referred to Assistant Attorney General’s Office. 04-PE-14: Negotiation pending. 04-PE-15: Investigation in process. 04-PE-16: No basis for complaint found. Claimant will be notified. 04-PE-17: Defendant will be notified of expired license. & 18

The Complaint Committee reviewed two applications for reinstatement of license. The licenses were lapsed six and three renewal periods respectively. The applicants did not sign or seal engineering documents in Maryland during the time their licenses were lapsed. The Complaint Committee recommends reinstatement of the licenses with warning letters.

Motion (III) was made by Mr. Howard, seconded by Ms. Perrin, and unanimously carried by the Board to accept the recommendations of the Complaint Committee.

NEW BUSINESS

Chairman’s Report

Mr. Hotz reported on the following:

 The NCEES Northeast Zone Meeting was held on April 22-24, 2004 , in Portland, Maine. Three Maryland Board Members attended: Mel Hotz and Skip Harclerode from the Board for Professional Engineers Minutes – May 13, 2004 Page 4 Professional Engineers’ Board, and Tom Orisich from the Land Surveyors’ Board. Mr. Orisich was elected to the office of Northeast Zone Secretary/Treasurer. Various topics discussed at the meeting were: acceptable calculators for examinations; limiting the appointment of emeritus members to committees; accreditation and educational requirements for engineers; the Licensure Qualification Oversight Group’s proposed report to the Annual Meeting in Cleveland in August; and examination security.

 Mr. Hotz attended a meeting of the “Overlapping Practice Task Force” on May 10th. The Task Force has reached the point where they are poised to provide a report that will take the form of a “Scope of Practice Guide” for code officials. All five Design Boards will have an opportunity to provide comments and then the guide will be circulated to the respective professional communities for review and comment.

 Two bills (HB 406 and HB 388), sponsored by Delegate Myers, that authorized licensed Professional Engineers to prepare, sign, seal, and date construction drawings for public structures (in certain counties), classified as storage or utility buildings, were withdrawn from the 2004 Session of the Legislature. In a telephone conversation on May 10, Delegate Myers was advised of the “Overlapping Practice Task Force” (OPTF) activity. A letter to Delegate Myers was subsequently drafted for the signatures of the chairs of the Architects’ and Engineers’ Boards that describes the term “public use” and also describes the work of the OPTF.

Ms. Trust handed out a copy of this letter to the Board Members. The letter states that one of the approaches that the Task Force is discussing would involve a solution whereby a building permit official, when presented with a set of overlapping drawings, would have the following choices: 1) accept the documents; 2) reject the documents and appeal to the appropriate Design Board; or 3) call the design professional for review of the appropriateness of his or her seal.

Motion (IV) was made by Mr. Howard, seconded by Mr. Harclerode, and unanimously carried by the Board to authorize Mr. Hotz to sign the letter to Delegate Myers for the P.E. Board.

 Mr. Harclerode presented newly licensed Engineers with their certificates at the MSPE event at the Miller State Senate Building in Annapolis.

Mr. Harclerode stated that he presented 16 licensees with their certificates. He commented that it was a very nice affair, there was a good turn out, and it was a great

opportunity to promote the profession. Mr. Hotz encouraged all Board Members to attend this event in the future.

Board for Professional Engineers Minutes – May 13, 2004 Page 5  The NCEES Annual Meeting is scheduled for August 11-14, 2004 at the Renaissance Hotel in Cleveland, Ohio. The deadline for information submittals is July 9, 2004. Messrs. Harclerode, Harvey and Hotz will be attending for the PE Board.

Calculator Policy

Mr. Hotz reported that the during the April 2004 examinations at the Timonium Fairgrounds, the most difficult issue was the resolution of acceptable calculators. The proctors had to delay the start of the PE examination in order to complete the inspection for acceptable calculators. In light of this situation, Ms. Linda Rhew, Examination Coordinator, spoke to the Board about adopting a list of acceptable calculators. After discussion, the Board decided that only the following calculators are approved for use during the FE and PE examinations:

Casio Hewlett Packard FX-115 MS PLUS HP-9 FX-250 HC HP-9g HP-9s Texas Instruments HP-30s TI-30 HP-32s TI-30Xa HP-33s TI-30X IIB TI-30X IIS Sharp TI-34 II EL-506 VB TI-36X Solar EL-520 VB TI-36X II Solar

Motion (V) was made by Mr. Harclerode, seconded by Mr. Harvey, and unanimously carried by the Board to accept only the above listed calculators for use during the FE and PE Examinations.

APPLICATIONS APPROVED FOR RECIPROCITY

Motion (VI) was made by Mr. Harclerode, seconded by Mr. Howard, and unanimously carried by the Board to approve the following applications for reciprocity:

Paul D. Agutter – 30169 John G. O’Connor - 30264 Tyler J. Albertson – 30084 Charles J. Olivo - 30176 John D. Campbell – 30280 Mrutyunjava Pani - 30183 Ajay Chandwani – 30278 Emmanuel D. Pons – 30168 Pasquale Dechellis – 30277 Albert A. Ponterio – 30175

Board for Professional Engineers Minutes – May 13, 2004 Page 6

Darrin D. Dillah – 30160 Raymond W. Porter – 30294 Shawn D. Good – 30276 Eugene R. Porzio – 30293 David A. Gregorchik – 30275 Teofilo V. Reyes – 30247 Pawan R. Gupta – 30279 Ira M. Rubin – 30292 Ismail F. Hanieh – 30167 Vera Seditsky – 30291 Cornelius J. Illenberg – 30272 Arthur L. Shelton – 30153 Gary G. Jones – 30039 Gregory J. Shiffler – 30284 Stephen J. Krajcsik – 30080 Christian L. Shriver – 30290 Robert Laufer – 30273 James T. Simpson – 30282 Mark O. Lennon – 30221 Wilbert Smith – 30285 John C. Masland – 30274 Ronald L. Stahler – 30286 Steven R. McClarren – 30271 Timothy J. Stemann – 30287 Russell T. McFall, II – 30270 Cathy G. Tiedge – 30288 Ramesh T. Mirchandani – 30269 Thomas E. Urquhart – 30289 Ram D. Misra – 30268 Danish Verma – 30219 Corinne L. Murphy - 30267 Frank A. Vineiguerra – 30011 Steven R. Musial, II - 30178 Michael E. Walbert – 30170 Gary W. Nation – 30266 John K. Wood - 30283 Steve A. Newman – 30265 Jose G. Zeno – 30281

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:

John R. Anderson – 30027 Michael J. Pomerleau - 30231 Daniel W. Berndt – 30225 Paul A. Quense - 30218 Mark L. Brecher – 30217 Hasan Reza - 30214 James B. Delpapa, Jr. – 30229 Joseph L. Rose – 30242 Mark C. Edge – 30158 Michael J. Saunders - 30184 Gerald J. Endler, II - 30220 Richard R. Schafer - 30227 John N. Everett – 30156 William F. Schulze – 30243 David M. Farmer – 30228 William W. Sullivan - 30230 David R. Finnell – 30244 Chau B. Tran - 30235 Mitchell A. Fluhrer – 30239 Jordan A. Truesdell - 30213 Charles A. Harris – 30236 Paul D. Tucker - 30241 Stephen M. Johnston – 30237 Todd D. West - 30240 Robert L. Kowalczyk – 30223 Stanley M. White - 30714 Christopher A. Malinowski – 30238 Jack I. Williams - 30233 Kevin D. Miller – 30215 Kevin M. Wilson - 30166 Christopher D. Moen – 30232 Board for Professional Engineers Minutes – May 13, 2004 Page 7

APPLICATIONS DENIED FOR LICENSURE BY RECIPROCITY

Motion (VII) was made by Ms. Perrin, seconded by Mr. Harvey, and unanimously carried by the Board to deny two applications for licensure by reciprocity because the applicants did not meet the requirements for licensure in the State of Maryland.

ADJOURNMENT

Motion (VIII) was made by Ms. Yee, seconded by Ms. Perrin, and unanimously carried by the Board to adjourn the meeting at 12:18 p.m.

______With Corrections

______X______Without Corrections

______Melvin Hotz, P.E. Chairman