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:

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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:

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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:

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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:

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1. Blake, Michael

2. Dermody, Ann M.

3. Hinkle, Christopher

4. Hoagland, Brian D.

5. Howard, Charles E.

6. Murphy, Kent

7. Walden, Carrie

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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: