MINUTES
INDIANA PLUMBING COMMISSION
MAY 25, 2005
I. CALL TO ORDER & ESTABLISHMENT OF QUORUM
Mr. Stephens called the meeting to order at 9:35 a.m. in Conference Center Room #10 of the Indiana Government Center-South, 402 West Washington Street, Indianapolis, Indiana 46204 and declared a quorum, in accordance with IC § 25-28.5-1-9.
Board Members Present:
Owen Stephens – Journeyman Plumber Member, Chairperson
John Van Cleve – Public Member, Secretary
Matthew Buczolich – Journeyman Plumber Member
William Ciriello – Plumbing Contractor Member
David Christy – Plumbing Contractor Member
Robert Synko – State Department of Health Designee
Board Members Absent:
State Officials Present:
Wade A. Lowhorn, Deputy Director, Indiana Professional Licensing Agency
Jim Schmidt, Commission Advisory Counsel, Office of the Attorney General
II. ADOPTION OF MINUTES FROM MARCH 23, 2005 MEETING OF THE COMMISSION
A motion was made and seconded to adopt the minutes of the November 18, 2004 meeting of the Board, as amended.
HUYETT/GUCKIEN
Motion carried 5-0-0 Ms. Klika missed the vote.
III. REPORT REGARDING CONSUMER COMPLAINTS RECEIVED BY THE OFFICE OF THE ATTORNEY GENERAL
No Report.
V. GRANTING OR DENYING OF PETITIONS FOR REVIEW AND APPOINTMENT OF ADMINISTRATIVE LAW JUDGE
A. Mohammed Mahmood Ali
Re: Appeal of Denial of Application for Registration as an Engineering Intern
B. Joseph W. Kingan
Re: Appeal of Denial of Application for Registration as a Professional Engineer by Comity
C. Douglas A. McIntire
Re: Appeal of Denial of Application for Registration as a Professional Engineer by Comity
A motion was made and seconded to grant each of the petitioner’s petitions for review.
MARLEY/KLIKA
Motion carried 5-0-0 Mr. Guckien missed the vote.
A motion was made and seconded to appoint Jerry Marley as the Administrative Law Judge for each of these administrative reviews.
HUYETT/TINKLE
Motion carried 5-0-0 Mr. Guckien missed the vote.
D. Elizabeth C. Wilkinson
Re: Appeal of Denial of Application for Registration as a Professional Engineer by Comity
A motion was made and seconded to deny the petitioner’s petition for review due to failure to meet the statutory requirement to file the petition within eighteen days of receiving notification of denial of application.
MARLEY/GUCKIEN
Motion carried 6-0-0
VI. DELIBERATION AND POSSIBLE ISSUANCE OF FINAL ORDERS
A. In the matter of Vinochandra V. Barot
Administrative Cause No. SBRPE 04-23
Re: Appeal of Denial of Admission to the Engineering Intern Examination
A motion was made and seconded to affirm the Administrative Law Judge’s Order.
HUYETT/TINKLE
Motion carried 5-0-0 Mr. Guckien missed the vote.
B. In the matter of Syed Ali Bukhari
Administrative Cause No. SBRPE 04-35
Re: Appeal of Denial for Certification as an Engineering Intern
A motion was made and seconded to affirm the Administrative Law Judge’s Order.
HUYETT/MARLEY
Motion carried 6-0-0
C. In the matter of Michael Ray Dale
Administrative Cause No. SBRPE 04-37
Re: Appeal of Denial of Application for Registration as a Professional Engineer
A motion was made and seconded to affirm the Administrative Law Judge’s Order.
KLIKA/GUCKIEN
Motion carried 6-0-0
D. In the matter of Charles R. Dubose
Administrative Cause No. SBRPE 04-32
Re: Appeal of Denial of Application for Registration as a Professional Engineer
A motion was made and seconded to affirm the Administrative Law Judge’s Order.
GUCKIEN/TINKLE
Motion carried 6-0-0
E. In the matter of Brian Dougan
Re: Appeal of Denial of Application for Registration as a Professional Engineer
A motion was made and seconded to accept the Petitioner’s withdrawal of petition.
MARLEY/HUYETT
Motion carried 6-0-0
F. In the matter of David L. Lane
Administrative Cause No. SBRPE 04-34
Re: Appeal of Denial of Application for Registration as a Professional Engineer
A motion was made and seconded to affirm the Administrative Law Judge’s Order.
MARLEY/HUYETT
Motion carried 6-0-0
G. In the matter of Graig B. Neville
Administrative Cause No. SBRPE 04-31
Re: Appeal of Denial of Application for Registration as a Professional Engineer
A motion was made and seconded to affirm the Administrative Law Judge’s Order.
MARLEY/TINKLE
Motion carried 6-0-0
VII. DISCUSSION
A. John Myers – American Council of Engineering Companies of Indiana (ACEC)
Re: Discussion of Potential Administrative Rules for Continuing Education
Mr. Myers presented the Board with ACEC’s recommendations for administrative rules regarding continuing education. After a brief discussion, a decision was made to table this item until such time that the members of the Board have fully reviewed the recommendations.
VIII. OLD/NEW BUSINESS
A. In the matter of Joseph Pachicarah Jacobs
Re: Request to sit for the NCEES Structural I Examination
A motion was made and seconded to approve Mr. Jacobs for the NCEES Structural I Examination and to send a letter explaining a passing score will not result in any further levels of licensure in Indiana. Further, failure on the examination may result in action by the Board due to possible incompetence.
MARLEY/KLIKA
Motion carried 4-2 Mr. Huyett and Mr. Guckien voted nay.
B. In the matter of Andrew E. Olson
Re: Request to sit for the NCEES Structural II Examination
A motion was made and seconded to approve Mr. Olson for the NCEES Structural II Examination and to send a letter explaining a passing score will not result in any further levels of licensure in Indiana. Further, failure on the examination may result in action by the Board due to possible incompetence.
KLIKA/MARLEY
Motion carried 4-2 Mr. Huyett and Mr. Guckien voted nay.
C. In the matter of Paul J. Couts, License No. PE60016333
Re: Request for Reinstatement of Registration
A motion was made and seconded to deny the request for reinstatement due to failure to renew the license within four years of the date of expiration, as required by Indiana Code § 25-31-1-17.
MARLEY/TINKLE
Motion carried 6-0-0
D. Approval of October 2004 Examination Grade Reports
1. A motion was made and seconded to approve the October 2004 grade report for the Fundamentals of Engineering Examination
TINKLE/KLIKA
Motion carried 6-0-0
2. A motion was made and seconded to approve the October 2004 grade report for the Professional Engineers Examination
MARLEY/GUCKIEN
Motion carried 6-0-0
E. In the matter of Mark Gnandt
Administrative Cause No. SBRPE 04-38
Re: Objection to Administrative Law Judge’s Order
A motion was made and seconded to grant both parties the opportunity to submit briefs, due by February 10, 2005.
MARLEY/TINKLE
Motion carried 6-0-0
F. In the matter of Margaret McBrien
Re: Previous Granting of Petition for Review
A motion was made and seconded to rescind the previous action of the Board to grant the petition for review, from the October 2004 meeting of the Board. The application for licensure via comity had been tabled and not denied. Hence, no review is necessary at this time.
HUYETT/GUCKIEN
Motion carried 6-0-0
G. Discussion of Proposed Changes to the Statute (Indiana Code § 25-31) and Administrative Rules (Title 864)
Mr. Lowhorn briefed the Board regarding the Indiana Professional Licensing Agency’s introduced omnibus bill, Senate Bill 0139, which includes language directly effecting Indiana Code § 25-31.
1. Indiana Code § 25-31-1-14(i) would be amended to allow applicants three attempts at passing examinations before the Board can require applicants to “submit evidence of additional knowledge for the examination.”
2. Indiana Code § 25-31-1-15(a) would be amended to require only a “designee” of the Board to sign certificates of registration as opposed to signatures of “each member”.
3. Indiana Code § 25-31-1-17 would be amended to allow the Indiana Professional Licensing Agency to specify a date for biennial renewal of registrations. The current biennial renewal date of August 1st of every even-numbered year could be changed in order to allow the agency to more efficiently stagger renewal deadlines for all professions regulated by the agency. Additionally, this amendment would remove language regarding payments of one-half of the renewal fee for new registrants whose certificates of registration are issued during the first twelve months of a biennial renewal period.
4. Indiana Code § 25-31-1-21 would be amended to allow for greater flexibility in issuing certificates of registration via comity. In particular, the Board could issue certificates of registration to applicants who have at least three years of engineering work experience after graduation from an approved engineering curriculum and before successfully passing the required examination, plus has been registered or licensed as a professional engineer in another state for at least ten years.
H. Review of Correspondence Received
1. Michael Fink – Indiana Society of Professional Engineers (ISPE)
Re: Efforts to Implement an Investigative Fund Fee
The Board reviewed a letter informing the Board of the ISPE’s Board of Directors endorsement of efforts to create an investigative fund.
2. Chuck Wallace – National Council of Examiners for Engineering and Surveying (NCEES)
Re: Notice of Future Changes to NCEES Examinations
The Board reviewed a memorandum regarding changes to the Structural Design Standards and Transportation Design Standards for the Civil Principles and Practice Examination. The Structural Design Standards change will be effective with the April 2005 Examination. The Transportation Design Standards change will be effective with the October 2005 Examination.
3. Lisa White – National Council of Examiners for Engineering and Surveying (NCEES)
Re: Nominations for 2005 NCEES National Awards
The Board reviewed a reminder regarding nomination for the NCEES national awards, to be announced at the 2005 Annual Meeting being held in Memphis, Tennessee on August 24-27. Nominations must be received by January 21, 2005 in order to be considered.
4. Betsy Brown – National Council of Examiners for Engineering and Surveying (NCEES)
Re: Appointment of Associate and Emeritus Members
The Board reviewed a memorandum regarding submitting qualified persons for appointment as Associate Members and Emeritus Members of the NCEES. Submissions of qualified persons must be received by February 1, 2005 in order to be considered by the NCEES Board of Directors.
5. Martin A. Pederson – National Council of Examiners for Engineering and Surveying (NCEES)
Re: Committee Assignments for 2005-2006 Administrative Years
The Board reviewed a memorandum regarding potential volunteers to serve on any of the NCEES’s nine standing committees or four special committees or task forces. Submission of forms indicating interest in serving on any of these committees or task forces must be received by January 21, 2005 in order to be considered by President-Elect Pederson
6. Herbert W. Craig – Indiana Society of Professional Engineers (ISPE)
Re: 68th Annual Convention
The Board reviewed a letter regarding the ISPE Annual Convention, being held on April 28-30, 2005. Additionally, the letter invited a members of the Board to speak to ISPE members on April 29, 2005 regarding topics related to the licensure law.
7. Donna Richardson – SSOE, Inc.
Re: Clarification of Regulations
The Board reviewed a letter seeking clarifications on Indiana’s requirements for sealing of documents for registered Architects and Professional Engineers. The Board instructed the agency staff to draft a response to the letter.
IX. APPLICATION REVIEW
A motion was made and seconded to approve the recommendations made by each member of the Board for the registration application reviews conducted during the meeting.
GUCKIEN/TINKLE
Motion carried 6-0-0
A. The applications of the following individuals were approved for the Fundamentals of Engineering Examination for registration as Engineers-in-Training:
1
1. Arimany, Gregorio
2. Andrezejak, Kamila
3. Apling, Joshua
4. Atya, Achalew
5. Bowers, Jeremy
6. Clark, Scott
7. Hart, Cicely
8. Hensler, Brian S.
9. Keller, Erich M.
10. Klosterman, Patricia
11. Martin, Jordan
12. McPhearson, Patrick
13. Neukam, Whitney
14. Osipchuk, Oleg
15. Parker, Michael
16. Russell, Rita
17. Shaver, Christopher
18. Smadi, Malek
19. Smith, Rachel
20. Tallant II, James
21. Villajueva, Heinrich
22. Wichman, Matthew
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B. The applications of the following individuals were denied for the Fundamentals of Engineering Examination for registration as Engineers-in-Training:
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1. Bradshaw, David (2nd Review)
2. Kim, Dong Hyun
3. Rickard, Zachariah
4. Shaheen, Moutaz
5. Smolar, Robert
6. Zolvinski, Adam
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C. The applications of the following individuals for approval for the Fundamentals of Engineering Examination for registrations as Engineers-in-Training were tabled pending submission of additional information:
1
1. Clidence, David A.
2. Kuester, Craig A.
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D. The applications of the following individuals were approved for the Civil Principles and Practice Examination for registration as Professional Engineers:
1
1. Anderson, John
2. Balog, Jeremiah
3. Becker, Joseph
4. Behrle, Ryan
5. Bixby, Don
6. Bretz, Timothy
7. Chavarria, Miguel J.
8. Christman, Matthew L.
9. Clore, Scott A.
10. Cummins-Doll, Kelly K.
11. Duckworth, Todd M.
12. Ernest, Stephen D.
13. Goldman, Brian R.
14. Haenlein, Eric T.
15. Halsey, Anthony W.
16. Hanson, Julie E.
17. Hubert, Erich
18. Hughes, Jerome F.
19. Humphrey, Rachel M.
20. Jones, Bradley J.
21. Locasto, Neal
22. Martindale, Tyler
23. Marshall Jr., Charles
24. Matthews, Andrew
25. McCracken, Neil
26. Mierau, David
27. Nichols, Russell
28. Oakes, Matthew
29. Palacio, Luis
30. Pletcher, Timothy
31. Pugel, Michael
32. Raper, Steven
33. Richardson, Michael
34. Roberts, Ryan
35. Rodewald, James
36. Siefert, Jeffrey
37. Sullivan, Megan
38. Sulya, Mary
39. Tomko, Michael
40. Veter, Aaron E.
41. Wahlman, Christopher
42. Wetli, Todd
43. Whitlock, Kara
44. Wolf, Zachary
45. Wright, Jesse
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E. The applications of the following individuals were denied for the Civil Principles and Practice Examination for registration as Professional Engineers:
1
1. Blake, Michael
2. Dermody, Ann M.
3. Hinkle, Christopher
4. Hoagland, Brian D.
5. Howard, Charles E.
6. Murphy, Kent
7. Walden, Carrie
1
F. The applications of the following individuals for approval for the Civil Principles and Practice Examination for registration as Professional Engineers were tabled pending submission of additional information: