NEWS BULLETIN
Twenty-ninth Edition
October 1999
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.
CLYDE PORTER, P.L.S. REAPPOINTED TO THE BOARD Clyde Porter, P.L.S. of Boise was reappointed to the Board for a second five-year term by Governor Dirk Kempthorne. Porter, who founded Porter's Land Surveying, Inc., was first appointed to the Board by then-Governor Cecil D. Andrus and he has served as an officer of the Board since his appointment. The Board looks forward to another productive term from Mr. Porter.
JERRY A. PETERSON, P.E. RESIGNS FROM THE BOARD Jerry A. Peterson, P.E. of Boise resigned his position on the Board effective May 1, 1999 after serving since May of 1997. Peterson cited increased responsibilities and time commitments in his position at Terracon, Inc. as the principal reason for the resignation. The Board members and staff will miss Jerry's reasoned approach to the sometimes difficult issues with which they deal.
JAMES H. MILLIGAN, P.E. APPOINTED TO THE BOARD Governor Dirk Kempthorne has appointed James H. Milligan, P.E. to fill the unexpired term of Jerry A. Peterson, P.E. Milligan's term will expire on May 24, 2002. He is a professor and Chair of the Civil Engineering Department at the University of Idaho and received his Bachelor and Doctor of Philosophy degrees from Utah State University. He was nominated to the position by the Idaho Society of Professional Engineers. The Board looks forward to taking advantage of his experience in the academic aspects of professional engineering.
BOARD DECIDES TO CONTINUE ISSUING CORPORATE CERTIFICATES OF AUTHORIZATION As reported in the January 1999 issue of the NEWS BULLETIN, the Board considered submitting legislation which would have eliminated the issuance of corporate Certificates of Authorization. After taking into account the input from licensees and certificate holders, the Board has decided not to propose the changes. The primary reason for the Board deciding not to propose the amendments was that without the issuance of a Certificate of Authorization, the Board cannot discipline a corporation for acts committed by non-licensed employees of the corporation.
DISCIPLINARY ACTIONS
The following actions on complaints have been taken by the Board since publication of NEWS BULLETIN No. 28 in January of 1999. 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. 98.33 ROBERT G. NELSON, P.L.S. Following an Administrative Hearing, the Board concluded that Nelson, of Cascade, Idaho, violated Idaho Code §55-1904 by failing to file a survey within 90 days of its completion; that he violated Idaho Code §55-1906(1) and 55-1906(2) by failing to sufficiently describe two monuments on the Record of Survey; that he was guilty of misconduct pursuant to Rule 4.04 of the Board's Rules of Professional Responsibility for violating other Rules of Professional Responsibility including Rule 5.02 by failing to perform the services for his client in accordance with the standard of care for the profession; and that he filed a woefully inadequate record of survey. The Board issued an ORDER directing that Nelson pay an Administrative Penalty of $300 to the General Fund of the State of Idaho, that he amend the Record of Survey, and that he successfully complete the correspondence course entitled "Survey Ethics" taught by the University of Maine and New Mexico State University. Nelson failed to have the university send a transcript of his completion of the correspondence course in the time frame contained in the ORDER, and his license was revoked effective September 1, 1999.
DOCKET NO. 99.08 JOHN J. ALLEN, P.L.S. Following an investigation, Allen, of Hope, Idaho, agreed to a STIPULATION AND CONSENT ORDER in which he admitted that he had a less than thorough understanding of what it means to be in "responsible charge" of land surveying work as that term is legally defined in Idaho Code § 54-1202(h) and applied to land surveyors in Idaho Code §54-1213(3); that he was not in responsible charge (as that phrase is interpreted by the Board) of survey work performed by Milton I. Booth (a non-registrant) referred to in the complaint in this matter; that the facts and violations in the case could be found to be sufficient grounds for the remedies agreed to; and that proof at hearing of any one or more of the allegations would empower the Board to take disciplinary action against him. Allen agreed to pay an Administrative Penalty of $500 to the General Fund of the State of Idaho and he was admonished by the Board. He agreed to have the work in connection with his next 12 surveys reviewed, at his expense, by another professional surveyor acceptable to the Board. He agreed to not record or submit for review to any government agency any document without first obtaining the reviewing surveyor's statement that the document generally complies with all applicable statutes and rules. He agreed to provide all his current and future clients a copy of the STIPULATION AND CONSENT ORDER and explain to those clients, in writing (with a copy to the Board) that his license is in probation and that his surveying work is being reviewed by another surveyor.
DOCKET NO. 99.16 RICHARD B. BYREM, P.L.S. Following an investigation, Byrem, of Idaho Falls, Idaho, agreed to a STIPULATION AND CONSENT ORDER in which he admitted that, on a Record of Survey and an amendment thereto, he failed to locate or relocate the west 1/4 corner of a section on a survey performed for a client in Clark County, Idaho and that he failed to monument an angle point on the boundary of the parcel, both in violation of Rule 5.02, Standard of Care, of the Board's Rules of Professional Responsibility. Byrem acknowledged that his client sustained damages and delay in the installation or relocation of improvements to his property as a result of his failures. Byrem admitted that the facts and violations in the case were sufficient grounds for the remedies contained in the STIPULATION AND CONSENT ORDER and that proof at a hearing of any one or more of them would empower the Board to take disciplinary action against his license. He agreed to make restitution to the client in the amount of $500 and was admonished by the Board. He agreed to perform such field work as necessary to monument the angle point on the boundary and to amend the Record of Survey to show the angle point and the corner record information of any corner records existing or coming into existence as a result of amending the survey, and to file a corner record for the 1/4 corner if it has not already been done by others.
DOCKET NO. 99.19 EARL E. "BUD" SANDERS, Jr., P.L.S. Following an investigation, Sanders did not object to an admonishment from the Board for failing to meet the Rules of Professional Responsibility Standard of Care on several surveys he performed.
DOCKET NO. 99.20(A) KLEINFELDER, Inc. Following an investigation, the corporation agreed to a STIPULATION AND CONSENT ORDER in which, without admission of wrongdoing or liability, they did not contest the allegations that they violated Idaho Code §54-1201 and Rule 6.02 of the Board's Rules of Professional Responsibility by allowing Joseph J. Squire to sign his name with the reference of "P.E." when that person is not yet registered in Idaho and that they violated Rule 9.03 of the Board's Rules of Professional Responsibility by failing to inform, in writing, another registrant of professional services being performed by Kleinfelder, Inc. on an assignment upon which that other registrant was employed. Kleinfelder, Inc. acknowledged that there were sufficient facts alleged in the complaint in this matter from which the Board could conclude that the violations occurred and that the facts and violations were sufficient grounds for the remedies specified and that proof at hearing of any one or more of the allegations would empower the Board to take disciplinary action against their license. Kleinfelder, Inc. agreed to pay an Administrative Penalty of $1,000 to the General Fund of the State of Idaho and the Board admonished the corporation. Joseph J. Squire agreed to successfully complete the independent study course for Engineering Ethics offered by Texas Tech University, Murdough Center for 20 professional development hours.
DOCKET NO. 99.20(B) HDR ENGINEERING, Inc. Following an investigation, the corporation agreed to a STIPULATION AND REQUEST FOR ORDER in which, without any admission of wrongdoing or liability, they did not contest the violations or allegations contained in certain portions of the complaint in the matter. The issues related to violations of the Board's Rules of Professional Responsibility, Rule 7.02, Opinions Based on Adequate Knowledge, and Rule 7.04, Actions in Regard to Other Registrants or Certificate Holders, by expressing an opinion without adequate knowledge, and by indiscriminately criticizing another Registrant's or Certificate Holder's work in public. HDR Engineering, Inc. acknowledged that if the alleged facts contained in the complaint were proven at a hearing on this matter and if HDR's defenses were not proven, the Board might conclude that HDR Engineering, Inc. had violated the Rules of Professional Responsibility. They agreed to pay an Administrative Penalty of $1,000 to the General Fund of the State of Idaho and the Board admonished the corporation.
DOCKET NO. 99.28 TERRY T. GOLDING, P.L.S. Following an Administrative Hearing, the Board concluded that Golding, of Lewiston, Idaho, violated Rule 7.04 of the Board's Rules of Professional Responsibility by publically and indiscriminately criticizing another licensee's professional land surveying work. Golding was reprimanded for violating the Rules of Professional Responsibility.
ANNUAL REPORT TO THE GOVERNOR OF THE STATE OF IDAHO
The following is an excerpt from the annual report to Dirk Kempthorne, Governor of the State of Idaho.
During the 1999 fiscal year the Board met for six regular meetings and ten telephone conference call meetings to conduct Board business, review applications, grant licenses and consider complaints.
The term of Clyde Porter, P.L.S., who had served on the Board for five years, expired May 24, 1999. Mr. Porter was reappointed by Governor Dirk Kempthorne for a five-year period. His term will expire May 24, 2004. Jerry A. Peterson, P.E., submitted his resignation effective May 1, 1999. James H. Milligan, P.E., was appointed by Governor Kirk Kempthorne to fill the vacancy on the Board. Mr. Milligan's term will expire May 24, 2002.
Members of the Board and staff are serving on various committees of the Western Zone as well as committees of the National Council of Examiners for Engineering and Surveying.
As of the end of the fiscal year there were 4,808 Professional Engineers, 593 Professional Land Surveyors, 332 combined Professional Engineer/Professional Land Surveyors, 1,171 Engineers-in-Training, 45 Land Surveyors-in-Training, 506 engineering and/or land surveying corporations and 184 persons who have elected to take retired status.
Licenses were issued to 286 engineers by comity with other states and to 80 who successfully completed the examination process; 17 land surveyors by comity with other states and to 14 who successfully completed the examination process. There were 176 successful examinees in the Fundamentals of Engineering examination and certificates as Land Surveyor-in-Training were issued to 10 successful examinees in the Fundamentals of Land Surveying examination. In addition, Certificates of Authorization were issued to 102 corporations to perform professional engineering or professional land surveying in the State of Idaho.
The Board received a total of 43 complaints against engineers, land surveyors, corporations and unlicensed persons in fiscal year 1999 and14 were carried over from previous years. Of these, 27 were dismissed or terminated without consent agreements or formal hearings and 20 were pending resolution at the end of the year. Eleven complaints were dealt with through formal hearings which were held in accordance with Board Administrative Rules and Consent Agreements were entered into to resolve seven of them. The Board reprimanded or admonished eight license or certificate holders and fined five license or certificate holders a total of $3,300, which was deposited in the General Fund of the State of Idaho.
The Board promulgated and the Legislature approved Administrative Rules which require Continuing Professional Development for those persons licensed to practice professional land surveying.
CONTINUING EDUCATION REQUIRED OF PROFESSIONAL LAND SURVEYORS ONLY In response to numerous telephone calls to the Board office, registrants and certificate holders are reminded that Continuing Professional Development hours are required of Professional Land Surveyors only, and are not required by the Board for Professional Engineers, Land Surveyors-in-Training, or Engineers-in-Training. Please visit our home page at ipels.idaho.gov for the complete text of the rule requirements for PLS's.
ROSTER NOW AVAILABLE ON THE INTERNET The Board Roster is now available on the Internet and is updated approximately monthly. In addition to names, addresses and license information of those who have current licenses and certificates, there is a roster of the names of all those to whom the Board has ever issued a license or certificate. The information is downloadable in Microsoft Excel format. Visit our home page at ipels.idaho.gov for the information.
BOARD WILL ASK THE LEGISLATURE TO CONSIDER AMENDMENTS TO STATUTES The Board will ask the Legislature to consider amendments to Title 54, Chapter 12 of the Idaho Code when it convenes in January of 2000. Among the changes which the Board would like the Legislature to consider are elimination of the requirement that the roster be printed biennially; elimination of a separate certificate fee for those to whom a license or certification is granted; change from annual to staggered biennial renewal of licenses and certificates except for corporate certificates of authorization; an increase in the administrative fee for processing of applications; and elimination of the issuance of temporary permits to practice engineering due to the streamlining of issuance of regular licenses.
BOARD PROPOSES CHANGES TO THE ADMINISTRATIVE RULES The Board has proposed changes to IDAPA Title 10, Chapter 1, the Board "Rules of Procedure". Among the changes proposed is a change in the title of "Executive Secretary" to "Executive Director"; a clarification of the educational requirements for assignment to the examination for an applicant who does not possess a degree in engineering; a codification of the Board policy of requiring an evaluation of engineering degrees granted in a country other than the USA; a clarification of the educational requirements for issuance of a license by comity for an applicant who does not possess a degree in engineering; and a codification of the Board policy relative to waiver of the Fundamentals of Engineering examination. The Legislature will review the proposed changes when it convenes in January of 2000.
BOARD EXPRESSES OPINION ON FACTORY-SPONSORED TOURS In response to a request for an opinion from a license holder, the Board stated that it would not be a violation of the Rules of Professional Responsibility for an engineer to accept a factory-sponsored tour of a manufacturing facility, so long as the tour was for background education and not "an attempt to improperly influence the Registrant's or Certificate Holder's professional judgement."
BOARD VOTES TO BEGIN USING NATIONAL STRUCTURAL EXAMINATION At its April 1999 meeting, the Board voted to discontinue using the "California" or "Western States" Structural Engineering examination for licensing in the discipline of structural engineering. The Board began testing candidates for minimum competence in that discipline in 1988 and had used the Western States examination because there was a concern that the national examination did not have sufficient content in the lateral design or seismic area. Those perceived shortcomings of the exam have been alleviated, and effective in October of 1999, Idaho will use the total 16-hour Structural I and Structural II examinations prepared by the National Council of Examiners for Engineering and Surveying. The Board will also recognize the passage of the national examination on or after April of 1993 for licensure by comity in that discipline. Passage of the "Western States" examination will continue to be acceptable for those applying by comity. In order to be assigned to the structural examination, an applicant must be licensed as a professional engineer in Idaho in a "base" discipline, and have an additional two years of experience in structural engineering.