2009 Agendas & Minutes
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1 BOARD MEETING Montgomery, Alabama February 3, 2009 I. MINUTES A. Approval of Minutes and Agenda 1. Review Meeting Agenda 2. Approve Minutes of December 11, 2008 Meeting – To be provided II. HEARINGS B. Public Hearings – None C. Formal Hearings - None III. COMMITTEE REPORTS D. Applications – Preston L. Jackson 1. Without personal appearance 2. Transcript Evaluation E. Law Enforcement – Preston L. Jackson - None F. Certificates of Authorization – Don T. Arkle - None G. Communications and Publications – William C. Ulrich Jr - None H. Legislative – Preston L. Jackson - None I. Continuing Professional Competency – Al I. Reisz - None J. Finance/Personnel - 1. Finance – Al I. Reisz - None 2. Personnel – Don T. Arkle - None K. Land Surveying - Education & Examinations – C. Michael Arnold 1. Education - None 2. Examination – Approve February 3 Part III Results L. Engineering - Education & Examinations – William C. Ulrich Jr 1. Education – None 2. Examination – Approve October 2008 Results IV. OTHER REPORTS M. Chair's Report - None N. Executive Director's Report – None 2 V. UNFINISHED BUSINESS AND CORRESPONDENCE O. Unfinished Business – None P. Correspondence – action required - None Q. Information only - no action required - None VI. NEW BUSINESS R. New Business - None VII. OPEN FORUM - Time during which anyone who may be attending meeting as a member of the public can ask questions or make comments.) CLOSING REMARKS Color Code Motion Discussion Information Only Review of calendar 2009 Board Meeting Dates March 5 April 30-May 1 July 23-24 October 8-9 December 10-11 MINUTES OF THIRD MEETING 2008-2009 BOARD OF LICENSURE FOR PROFESSIONAL ENGINEERS AND LAND SURVEYORS Montgomery, Alabama I February 3, 2009 Chair Arkle called the third meeting ofthe 2008-2009 Board to order at 1:45 P.M., Tuesday, February 3, 2009, at the board office in Montgomery, Alabama. The following were in attendance: Officers and Members Present: Don T. Arkle Chair Al I. Reisz Vice-Chair William C. Ulrich, Jr. Secretary C. Michael Arnold Member Preston L. Jackson Member Staff Present: Regina A. Dinger Executive Director William R. Huett Assistant Executive Director/Investigator Benjamin Albritton Board Attorney Bonnie Kelly Administrative Assistant It was determined that a quorum was present. The proposed meeting agenda was reviewed. I 09-084. IT WAS MOVED by Mr. Ulrich and seconded by Mr. Jackson to adopt the revised agenda. MOTION CARRIED UNANIMOUSLY. Minutes of the second meeting of the 2008-2009 Board held December 11, 2008 were received for approval. 09-085. IT WAS MOVED by Mr. Jackson and seconded by Mr. Arnold that the minutes ofthe second meeting of the 2008-2009 Board held on December 11, 2008 be approved as presented. MOTION CARRIED UNANIMOUSLY. APPLICATIONS- Mr. Preston L. Jackson, Advisor Mr. McCabe presented background on his pending comity professional engineering application. Mr. McCabe outlined the procedures that were used when he was initially licensed in New York and what other examinations he may have taken when becoming licensed in other jurisdictions. 09-086. IT WAS MOVED by Mr. Reisz and seconded by Mr. Ulrich that the Board of Licensure for Professional Engineers and Land Surveyors go into Executive Session for the purpose of discussing pending applications. Misters Arkle, Arnold, Jackson, I Reisz, and Mr. Ulrich voted in favor of the motion. Page 1 Chair Arkle announced the Board would reconvene into open session at approximately 3:30P.M. The meeting was closed to the public. The Executive Session was concluded and the Board reconvened in I Open Session at 4:00P.M. Applications of those applying for Professional Engineer licensure by comity, as provided by Section 34-11-4(1)(b) ofthe Licensure Law, were considered. Applications of those applying for Professional Engineer licensure by examination, as provided by Section 34-11-4(1)a. and b. of the Licensure Law having previously passed the FE Examination in Alabama or in another jurisdiction, were considered. Applications of those applying for Engineer Intern certification, as provided by Section 34-11-4(2) of the Licensure Law, were considered. Applications of those applying for Land Surveyor licensure by Examination, as provided by Section 34-11-4(3)a., b., and c. of the Licensure Law, were considered. Applications of those applying for Professional Land Surveyor licensure by examination having previously passed the Fundamentals of Land Surveying Examination and the Principles and Practice of Land Surveying Examination in Alabama or in another jurisdiction were considered and were approved for the Alabama Land Surveying Standards, History, and Law Examination. 09-087. IT WAS MOVED by Mr. Reisz and seconded by Mr. Jackson that the Board accept for licensure by comity those applicants listed on Attachment #1. MOTION I CARRIED UNANIMOUSLY. 09-088. IT WAS MOVED by Mr. Jackson and seconded by Mr. Ulrich that the Board accept for EI/LSI certification those applicants listed on Attachment #2. MOTION CARRIED UNANIMOUSLY. 09-089. IT WAS MOVED by Mr. Reisz and seconded by Mr. Ulrich that the Board defers for licensure/certification Petronilo Alarcon, William Bolduc and Haresh Modi. MOTION CARRIED UNANIMOUSLY. 09-090. IT WAS MOVED by Mr. Jackson and seconded by Mr. Ulrich that the Board denies for licensure/certification Clifton Kennedy and John McCabe. MOTION CARRIED UNANIMOUSLY. 09-091. IT WAS MOVED by Mr. Arnold and seconded by Mr. Reisz that the Board approves for examination those applicants listed as approved on Attachment #3. MOTION CARRIED UNANIMOUSLY. 09-092. IT WAS MOVED by Mr. Jackson and seconded by Mr. Arnold that the Board defers for examination those applicants listed as deferred on Attachment #3. MOTION I CARRIED UNANIMOUSLY. Page 2 09-093. IT WAS MOVED by Mr. Arnold and seconded by Mr. Ulrich that the Board denies for examination those applicants listed as denied on Attachment #3. MOTION I CARRIED UNANIMOUSLY. The Board reviewed request for board evaluation of transcripts from applicants who wished to be considered for licensure on the basis of obtaining a related science degree or a foreign degree. The Board discussed what should be considered a related science degree. It was pointed out that the Administrative Code defines a related science degree as it applies to an engineering application as a physics, mathematics, or other program which the Board may determine is related to engineering from a school or college which has been accredited by a regionally accredited commission. Mr. Gary Johnson's Bachelor of Science Degree in Criminal Justice was determined not to meet the related science criteria. Mr. Prakash Luetel's transcript evaluation of his foreign degree identified that he was 9 hours short of mathematics and basic sciences. 09-094. IT WAS MOVED by Mr. Jackson and seconded by Mr. Ulrich that Mr. Gary Johnson's application be denied for the Fundamentals of Engineering examination since he does not meet the criteria to be accepted as a related science graduate. MOTION CARRIED UNANIMOUSLY. 09-095. IT WAS MOVED by Mr. Ulrich ad seconded by Mr. Jackson that Mr. Prakash Luetel be deferred for the Fundamentals of Engineering examination since he is short 9 semester hours of mathematics and basic sciences. MOTION CARRIED I UNANIMOUSLY. LAND SURVEYING EDUCATION & EXAMINATIONS- C. Michael Arnold, Advisor The Board approved the results of the Alabama Land Surveying Standards, History and Law exam administered February 3, 2009. 09-096. IT WAS MOVED by Mr. Arnold and seconded by Mr. Jackson to accept the Board's recommended cutoff score for the ALLS Examination and that the results of the ALLS Exam given February 3, 2009 be approved and further that the list of those issued licensure as a result of passing this examination be included in the minutes on Attachment #1. ENGINEERING EDUCATION & EXAMINATIONS- William C. Ulrich Jr., Advisor The Board approved the results of the FE and PE examinations given October 2008. 09-097. IT WAS MOVED by Mr. Jackson and seconded by Mr. Reisz to accept NCEES' recommended cutoff score and that the results of the Fundamentals of Engineering examination given October 25, 2008 be accepted, and further that the ABET graduates who have had transcripts furnished direct to the Board Office be approved for Engineer Intern certification and be included in the minutes on Attachment #2. I MOTION CARRIED UNANIMOUSLY. Page 3 09-098. IT WAS MOVED by Mr. Reisz and seconded by Mr. Arnold to accept NCEES' recommended cutoff score and that the results of the PE examination given October 24, 2008 be accepted and further that the list of those issued licensure as a result of I passing this examination be included in the minutes on Attachment #1. MOTION CARRIED UNANIMOUSLY. NEW BUSINESS The Board went into closed session to review the case file for a hearing regarding Case 07-39-B that had been presented to Administrative Law Judge Tori L. Adams on November 14, 2008. The Board reviewed the recommendations of Judge Adams. Mr. Arkle and Mr. Arnold identified that they would be recused from discussions regarding the case since they both were familiar with the respondent. 09-0Jt. IT WAS MOVED by Mr. Jackson and seconded by Mr. Ulrich that the Board of Licensure for Professional Engineers and Land Surveyors go into Executive Session for the purpose of deliberating on Case 07-39-B. The Executive Session would consist of Mr. Reisz and Mr. Ulrich. Misters Arkle, Arnold, Jackson, Reisz, and Mr. Ulrich voted in favor of the motion. Chair Arkle announced the Board would reconvene into open session at approximately 5:45 P.M. The meeting was closed to the public. The Executive Session was concluded and the Board reconvened in Open Session at 5:20P.M. Mr. Ulrich announced the decision of the board members deliberating. The Board found Mr. Lucido I guilty on all counts.