Board Home Page ipels.idaho.gov
===============================================================================
================================================================================
INTRODUCTION
This
News Bulletin is being distributed by the Idaho State Board of Registration of
Professional Engineers and Professional Land Surveyors to inform the public and
the State's Professional Engineers and Professional Land Surveyors of those
events which significantly affect the professions. Future News Bulletins will be printed and
distributed as the Board deems advisable.
EDITH WILLIAMS JOINS BOARD STAFF
Edith Williams has been hired as the
Office Specialist for the Board. She
started work in September and is a welcome addition to the staff. Edith’s responsibilities include reception,
data base maintenance, application processing and issuing license and
certificate renewal notifications. We
look forward to the contributions she will make to the Board operation.
BOARD MOVES OFFICE AND CHANGES OTHER CONTACT
INFORMATION
The
Board office has moved to
BOARD CO-SPONSORS WORKSHOPS WITH ARCHITECTS AND
BUILDING OFFICIALS
The Board is co-sponsoring a workshop
with the Board of Architectural Examiners and the Idaho Building Code
Officials. The workshop, which will be
conducted throughout the state, is entitled “The Responsibilities of Engineers,
Architects and Building Officials in the ‘Built-Environment’.” Dates, times and location of the workshops
will be announced in the near future and all license and certificate holders
will be notified.
ADMINISTRATIVE RULE AMENDMENT GOES INTO EFFECT
Effective upon the adjournment of the
2005 session of the
CURTIS RECEIVES “HOT POTATO AWARD”
Board Executive Director Dave Curtis,
P.E. was a co-recipient of the “Hot Potato Award” from the Pacific Northwest
Economic Region (PNWER) organization. Curtis
and Neil Windsor, P.Eng., Executive Director of the Association of Professional
Engineers, Geologists, and Geophysicists of Alberta were given the award for
their efforts in reducing the difficulties associated with comity licensing of
engineers between the Provincial licensing authorities of
ANNUAL REPORT TO THE GOVERNOR
In compliance
with Idaho Code Section 54-1210(3), the Board submitted the following annual
report to Governor Dirk Kempthorne:
During the 2004 fiscal year the Board met
for five regular meetings, three special meetings and one telephone conference
call meeting to conduct Board business, review applications, grant licenses and
consider complaints.
As of the end of the fiscal year there
were 5,821 Professional Engineers, 600 Professional Land Surveyors, 138
combined Professional Engineer/Professional Land Surveyors, 1,191
Engineers-in-Training, 48 Land Surveyors-in-Training, 1044 engineering and/or
land surveying business entities and 397 persons who have elected to take Retired
Status. All renewals, except business
entities, are on a biennial renewal basis.
Business entities renew annually.
Licenses were issued to 304 engineers by
comity with other states and to 87 who successfully completed the examination
process; 11 land surveyors by comity with other states and to 7 who
successfully completed the examination process.
There were 229 successful examinees in the Fundamentals of Engineering
examination and certificates as Land Surveyors-in-Training were issued to 17
successful examinees in the Fundamentals of Land Surveying examination. In addition, Certificates of Authorization
were issued to 145 business entities to perform professional engineering or
professional land surveying or both in the State of
The Idaho Legislature passed, and
Governor Kempthorne signed, House Bill No. 485 which clarified various aspects
of the chapter of Idaho Code addressing the licensing of engineers and
surveyors. House Bill No. 484 was also
passed and signed. It clarified certain
aspects of the requirements of Records of Survey. The Board adopted changes to its
Administrative Rules which clarified that technology programs are not
considered the same as engineering programs; mandated a minimum amount of
surveying education for examination candidates in the surveying profession;
precluded a failing candidate from reviewing an examination for exam security
reasons; and recognized the equivalency of education from certain programs
outside the
The
Board received a total of 21 complaints against engineers, land surveyors,
business entities and unlicensed persons in fiscal year 2004 and 5 were carried
over from previous years. Of these 26
complaints, 11 were dismissed or terminated without consent agreements or formal
hearings and 10 were pending resolution at the end of the fiscal year. Four complaints were closed following
issuance of Final Orders of the Board accepting Consent Agreements which
resulted in the admonishment of four license holders and the deposit of
$1,500.00 in Administrative Penalties to the General Fund of the State of
BOARD REVISES INFORMATION REGARDING HANDLING
OF COMPLAINTS
At its meeting on April 13 & 14, 2005, the Board adopted the
following White Paper on “Enforcement of Laws and Rules Governing Professional
Engineers and Land Surveyors”:
Introduction
The State
of
A summary
of “Laws and Rules Pertaining to the Practice of the Professional of
Engineering and Land Surveying” is available at ipels.idaho.gov. You may also contact the Board office at
Filing a Formal Complaint
Any affected party may prefer charges against an unlicensed person, a registrant, or business entity holding a certificate of authorization for breaches of legal or professional conduct. The charges must be in the form of a sworn statement before a Notary Public. The affidavit should set forth the underlying facts, specify the statutes or rules violated, and request appropriate disciplinary action against the registrant or certificate holder. The complaint must be filed with the Executive Director of the Board.
Formal Complaint Processing
The Executive Director establishes a complaint file and prepares the complaint for review by the Board. Complaints are generally heard at regular board meetings. The party who must respond to the complaint is notified, and their response may be available for Board review. When the complaint is first reviewed, and depending on the information available, the Board may dismiss the complaint because it is outside its jurisdiction, trivial, or unfounded. Upon that finding the case is closed and notice of the complaint dismissal is sent to both parties.
If the Board finds that the complaint warrants further investigation they may order a preliminary investigation. After reviewing the results of the investigation, the Board may then dismiss the complaint, request additional information (by subpoena if necessary), direct the negotiation of a disciplinary consent agreement through the Executive Director and a selected attorney, or schedule an Administrative Hearing. The Board does not discuss or specify the terms of the consent agreement. Disciplinary actions may include any remedies specified by Idaho Code 54-1220 or the issuance of a cautionary letter.
The negotiated disciplinary consent agreement is presented to the Board, which may accept or reject the agreement. If the agreement is rejected another negotiation attempt may be requested, or the Board may order an administrative hearing.
The hearing must be held within 6 (six) months of receipt of the complaint unless the Board extends the time for justifiable cause.
After the hearing the Board may take disciplinary action pursuant to Idaho Code 54-1220.
Making a Request for Inquiry
Any person may send a written request for inquiry to the Board. Prior to sending a request it is advisable to communicate with the Executive Director to discuss alternative courses of action based on the Boards ability to respond to the request. A written request must explain the situation with enough clarity and detail to enable a preliminary review by the Executive Director. The Executive Director will contact the registrant or certificate holder involved and request a response to the allegations. A review of the request for inquiry and any responses from the unlicensed person, registrant, or certificate holder will be placed on a Board meeting agenda. At that meeting the Board may find that the allegations are outside its jurisdiction, trivial or unfounded. Upon that finding the matter is closed and notice of the finding is sent to both parties.
The Board may order the Executive Director or a designated investigator to conduct a preliminary investigation. The results of that investigation are heard at a later meeting. If the Board finds that the matter warrants disciplinary action the Board may authorize the Executive Director to negotiate a disciplinary consent agreement with the registrant or certificate holder. Prior to the filing of a formal complaint the Board may issue rules, parameters, or general policy statements to guide negotiations. Disciplinary actions may include any remedies specified by Idaho Code 54-1220 or the issuance of a cautionary letter. If a consent agreement acceptable to the Board is reached the matter will be concluded upon execution of terms of the agreement.
If a consent agreement acceptable to the Board cannot be negotiated the Board will order the filing of a formal complaint with the Executive Director as the complainant. An administrative hearing will be scheduled. The hearing will be scheduled within 6 months of the filing of the formal complaint unless the time is extended by the Board for justifiable cause. After the hearing the Board may take disciplinary action pursuant to Idaho Code 54-1220.
Individuals
making a Request For Inquiry may be requested to file a formal complaint, but
are not required to. Their participation
as a witness at an administrative hearing will almost certainly be required.
DISCIPLINARY
ACTIONS
The following
actions on complaints have been taken by the Board since publication of NEWS
BULLETIN No. 35 in May of 2004. In addition to those listed below, the Board
received numerous complaints against individuals or companies who were
inappropriately advertising under headings or names that could be interpreted
to indicate that they were professional engineers or professional land surveyors,
when in fact, they were not. The
companies or individuals agreed to discontinue or revise the advertising or
title.
Docket No. 04.14 – IN THE MATTER OF Louis
Vermeer, P.E. Vermeer signed a Stipulation and
Consent Order in which he agreed that there was sufficient evidence to support
a finding that he violated IDAPA Rules 10.01.02.004.04 and 10.01.02.006.03 and
Idaho Code Section 54-1215(3)(b) in connection with a project for a private
residence in Coeur d’Alene, Idaho.
Specifically, he affixed his signature and seal to plans or documents a
portion of which were not prepared under his responsible charge. Vermeer was admonished for his behavior.
Docket No. 04.15
– IN THE MATTER OF Warren Watts, P.E. Watts signed
a Stipulation and Consent Order in which he agreed there was sufficient
evidence to support a finding that he violated Idaho Code Section 54-1215(3)(c)
and (d) and also IDAPA Rules 10.01.02.006.02 and 10.01.02.006.03 in regard to a
building project in Lewiston, Idaho. He
admitted that there was evidence from which the Board might conclude that he
signed and sealed engineering work which was not performed under his
responsible charge as he now understands it is interpreted by the Board and
that there was evidence from which the Board might conclude that he aided and
abetted persons not licensed as professional engineers to practice professional
engineering as he now understands it is interpreted by the Board.
Docket No. 04.16 – IN THE MATTER OF Dan
I. Provolt, P.L.S. Provolt signed
a Stipulation and Consent Order in which he agreed that there was sufficient
evidence to support a finding that he violated IDAPA Rules 10.01.02.004.04 and
Idaho Code Section 54-1215(3)(b) in connection with a property survey he
performed in Bonner County, Idaho.
Specifically, he did not seal, sign, or date final drawings which were
presented to a client. Provolt was admonished
for his behavior and paid an administrative fine of $500 to the General Fund of
the State of
Docket No. 04.18 – IN THE MATTER OF Michael
Lund, P.E./L.S.
Docket No.
04.19 – IN THE MATTER OF Billy Manwill, P.E./L.S. Manwill signed a Stipulation and Consent
Order in which he agreed that there was sufficient evidence to support a
finding that he violated IDAPA Rules 10.01.02.008.01, 10.01.02.008.02 and
10.01.02.008.07 in connection with a project in
Docket No. 05.11 – IN THE MATTER OF J.K.
Hustead, P.L.S. Hustead agreed
that there was sufficient
evidence to support a finding that he violated Idaho Code Section 54-1201 by
practicing engineering without a license, and IDAPA Rule 10.01.02.006.01 by
practicing outside his competency in the technical field involved in connection
with property in
Docket No. 05.12 – IN THE MATTER OF R.
Bruce Noble, P.E., P.L.S. Noble agreed that there was sufficient evidence
to support a finding that he violated Idaho Code Section 54-1215(3) by aiding
and abetting an unlicensed person in the practice of engineering; IDAPA Rule
10.01.02.006.01 by practicing outside his competency in the technical field
involved; IDAPA Rule 10.01.02.006.02 by aiding and abetting an unregistered
person in the practice of engineering; and IDAPA 10.01.02.006.03 for affixing
his signature and seal on plans or documents not prepared under his responsible
charge. Specifically, Respondent
reviewed work performed by J.K. Hustead, P.L.S. and submitted a letter to
IN MEMORY OF THOSE RECENTLY DECEASED
Mark L. Bryner, 3076 ME, Salt
Lake City, UT
Gilbert L. Corey, 837 CE,
Marc Dale, 5999 CE,
K. LaMar Duffin, 1816 CE/LS, Shoshone, ID
Gerald L. Earl, 4477 PLS,
Paul B. Fetrow, 4766 ME,
Robert L. Graham, 7150 EE,
Eugene B. Hamlin, 1348 CE,
Terry S. Hawk, 5580 CE, Port
Edward N. Heck, 1738 ME,
A. Douglas Herrmann, 3293 ME,
David H. Hollingshead, 3198 CE,
Ralph J. Johnson, 574 CE,
Verl G. King, 1704 AgE/LS,
Edward W. McIlnay, 3193 GeoE,
Jean Milar, 784 CE/LS,
Johnny L. Probasco, 1586 CE/LS,
Claudio Scalisi, 7292 CE,
Ronald R. Shaw, 3035 CE,
James E. Siedelmann, 6391 EE,
Robert Edward Smith, 667 CE/LS,
William A. Smith, 2481 CE/LS,
Bruce W. Stoddard, 644 MinE/LS,
The following is a summary of
results from the April 2004 administration of the certification and licensing
examinations:
|
|
Number of Examinees
|
Number Passing
|
Fundamentals of Engineering Exam
|
155 |
138 |
|
|
43 |
38 |
|
|
15 |
12 |
|
|
86 |
82 |
|
Non-students |
11 |
6 |
|
|
|
|
Fund. Of Land Surveying Exam
|
16 |
12 |
|
|
|
|
Professional Engineer Exam
|
67 |
52 |
Chemical Engineering
|
2 |
1 |
Civil Engineering
|
29 |
20 |
Electrical and Computer
|
7 |
6 |
Environmental Engineering
|
9 |
8 |
Mechanical Engineering
|
18 |
14 |
Structural I Engineering
|
2 |
2 |
Structural II Engineering
|
2 |
1 |
|
|
|
|
|
5 |
3 |
The following is a summary of
results from the October 2004 administration of the certification and licensing
examinations:
|
|
Number of Examinees
|
Number Passing
|
Fundamentals of Engineering Exam
|
109 |
96 |
|
|
21 |
16 |
|
|
11 |
11 |
|
|
59 |
57 |
|
Non-students |
18 |
12 |
|
|
|
|
Fund. Of Land Surveying Exam
|
5 |
2 |
|
|
|
|
Professional Engineer Exam
|
54 |
41 |
Chemical Engineering
|
2 |
2 |
Civil Engineering
|
28 |
21 |
Control Systems Engineering
|
2 |
2 |
Electrical and Computer
|
3 |
2 |
Environmental Engineering
|
2 |
1 |
Geological Engineering
|
2 |
2 |
Mechanical Engineering
|
9 |
8 |
Metallurgical Engineering
|
1 |
1 |
Nuclear Engineering
|
1 |
0 |
Structural I Engineering
|
4 |
2 |
Structural II Engineering
|
3 |
2 |
|
|
|
|
|
4 |
4 |
Calendar
of Upcoming Events
June 10 &
11, 2005........................................................................................................ Board
Meeting,
August 5 &
6, 2005...................................................................................................... Board
Meeting,
September 16
& 17, 2005............................................................................................... Board
Meeting,
November 18
& 19, 2005............................................................................................... Board
Meeting,
See ipels.idaho.gov for a CALENDAR OF UPCOMING EVENTS