TEXAS BOARD OF PROFESSIONAL ENGINEERS
February 17, 2011, Board Meeting Disciplinary Actions

Case Number:  D-31275; Mr. Rickey Lee Hamm, P.E.; Rockport, Texas.
Violation:  It was alleged that Mr. Hamm was hired to design and inspect a room addition to a residence and that he signed and affixed his Texas engineer seal to a document submitted to the city certifying that he was the engineer of record for the project and that the project would be inspected to ensure compliance with building and windstorm codes.  Respondent acknowledged that he never inspected the site and just took the word of an associate that construction was compliant with pertinent codes.  Subsequent inspections of the completed project by city officials found that the structural framing was not compliant with building and windstorm codes.  It was also alleged that the client was unsuccessful in getting Mr. Hamm’s assistance to resolve the matter.  Thus, it appeared that Mr. Hamm’s certification was misleading and that he did not conduct his engineering affairs in a respectful, honest, ethical or professional manner which indicated a lack of care and diligence.        
Resolution:  Five year probated suspension, a $2,000.00 administrative penalty and completion of TBPE’s on-line ethics test and a correspondence engineering ethics course.

Case Number:  D-32445; Mr. Laurence Legaspi Laserna, P.E.; Beaumont, Texas.
Violation:  It was alleged that Mr. Laserna signed and affixed his Texas engineer seal to WPI-2 Forms submitted to the Texas Department of Insurance (TDI) for 13 re-roofing projects certifying that the completed construction complied with windstorm codes.  Inspections of the projects performed by TDI inspectors disclosed numerous construction issues that did not appear to comply with the cited windstorm codes; therefore, Mr. Laserna was asked to provide TDI with additional information/documentation to substantiate his certifications.  However, Mr. Laserna failed to provide the requested information; thus, it appeared that his certifications were misleading.
Resolution:  One year probated suspension, a $1,100.00 administrative penalty and completion of an engineering ethics course.

Case Number:  B-32379; Mr. Byron S. Smith; Huffman, Texas.
Violation:  It was alleged that Mr. Smith prepared an engineering design plan for a boathouse/pier project which he submitted to the city bearing a Texas engineer seal for a Mr. James Chronister to obtain a building permit.  Board records showed that neither Mr. Smith nor Mr. Chronister (who was deceased) have ever been licensed in Texas as professional engineers nor was Mr. Smith’s business registered with the Board.  Therefore, it appeared that Mr. Smith’s preparation of the engineering plan constituted the unlawful practice of engineering and he unlawfully provided engineering services.
Resolution:  Cease and desist from offering to perform or the actual performance of engineering services in Texas and from the representation that he can offer/provide engineering services to the public of Texas until such time as he becomes licensed in Texas as a professional engineer and his business is registered with the Board; and a $2,080.00 administrative penalty.

Case Number:  B-32500; Mr. David Suckle; Sherman, Texas.
Violation:  It was alleged that Mr. Suckle prepared engineering design plans for a project which he submitted to the city bearing a Texas engineer seal of Mr. James Gary Dennis, Texas engineer license number 66539, to obtain a building permit.  Mr. Suckle acknowledged that he affixed Mr. Dennis’ Texas engineer seal and signed Mr. Dennis’ name on these engineering design plans.  Board records show that Mr. Suckle has never been licensed in Texas as a professional engineer nor was his business registered with the Board.  Therefore, it appeared that Mr. Suckle’s preparation of the engineering plan constituted the unlawful practice of engineering and he unlawfully provided engineering services.
Resolution:  Cease and desist from offering to perform or the actual performance of engineering services in Texas and from the representation that he can offer/provide engineering services to the public of Texas until such time as he becomes licensed in Texas as a professional engineer and his business is registered with the Board; and a $2,000.00 administrative penalty.

Case Number:  E-32463; Mr. Alvin Schneider; Baytown, Texas.
Violation:  It was alleged that Mr. Schneider sent an email and his business card to a county official on which he identified himself as a professional engineer by displaying the designation “P.E.” after his name.  Board records show that Mr. Schneider's Texas engineer license expired on September 30, 1992, and became non-renewable on September 30, 1994; therefore, his use of the designation "P.E." was an unlawful representation of being a Texas licensed professional engineer.
Resolution:  Cease and desist from any and all representations that he is a professional engineer in Texas and to eliminate the designation “P.E.” after his name on any and all documents issued in Texas and a $1,500.00 administrative penalty.

Case Number:  B-32530; Geotek, Inc. dba TECOM Engineering; Corpus Christi, Texas.
Violation:  It was alleged that this business entity continued to represent the ability to offer and provide consulting engineering services to the public of Texas during a period when it did not have a current firm registration.
Resolution:  $100.00 administrative penalty.

Case Number:  B-32615; Alliance Geotechnical Group of Austin, Inc.; Elgin, Texas.
Violation:  It was alleged that this business entity continued to represent the ability to offer and provide consulting engineering services to the public of Texas and actually provided engineering services during a period when it did not have a current firm registration.
Resolution:  $500.00 administrative penalty.