TEXAS BOARD OF PROFESSIONAL ENGINEERS
May 19, 2011, Board Meeting Disciplinary Actions
Case Number: D-31600; Mr. Manuel Flores; Los Fresnos, Texas.
Violation: It was alleged that Mr. Flores signed and affixed his Texas engineer seal to canopy design plan sheets that contained insufficient design/specification information needed to confirm the design met minimum design loads required by the 2003 International Building Code and to construct the canopy. Therefore, these apparent deficient design plans created a misleading impression that the canopy would meet code, actions that could create an endangerment to the health, safety, and welfare to the public.
Resolution: Two year suspension with final 18 months probated, a $6,320.00 administrative penalty and completion of an engineering ethics course.
Case Number: D-32025; Mr. Chander Nangia, P.E.; Houston, Texas.
Violation: It was alleged that Mr. Nangia placed a statement on engineering design documents for a Texas project that they were prepared by him and/or under his direct supervision, signed also affixed his seal to these documents. However, these engineering documents had been initially prepared by another individual who was not supervised by Mr. Nangia. Therefore, it appeared that Mr. Nangia signed and affixed his Texas engineer seal to engineering design documents that were not prepared by him nor under his direct supervision and that the above-mentioned statement created a misleading impression.
Resolution: One year probated suspension and a $2,000.00 administrative penalty.
Case Number: D-32098; Mr. Ernest Hedgcoth, P.E.; Fort Worth, Texas.
Violation: It was alleged that after inspecting two columns as part of a construction project, Mr. Hedgcoth signed and affixed his Texas engineer seal to a Special Inspection Certificate which appeared to certify all the columns were inspected. Therefore, it appeared that Mr. Hedgcoth’s certification was misleading based on his failure to state that his inspection certificate was intended to certify only the two columns he inspected.
Resolution: One year probated suspension, a $1,300.00 administrative penalty and completion of an engineering ethics course.
Case Number: D-32298; Mr. Victor S. Medina, P.E.; Corpus Christi, Texas.
Violation: It was alleged that Mr. Medina accepted compensation from a client to do an engineering inspection of the client’s property and submit documentation to the Texas Department of Insurance (TDI) so the property could be covered by windstorm insurance. After 15 months, Mr. Medina decided not to perform the inspection and although he refunded his payment back to his client, it appeared that his lack of action indicated he was not a faithful agent or respectful to his client.
Resolution: One year probated suspension, a $2,400.00 administrative penalty and completion of an engineering ethics course.
Case Number: D-32301; Mr. Leonel Ruiz, P.E.; Cedar Creek, Texas.
Violation: It was alleged that Mr. Ruiz was hired as a part-time employee of a firm that was registered with the Board; but, which no longer had a full-time employee that was a Texas licensed professional engineer and that in his capacity as a part-time employee, Mr. Ruiz signed and sealed engineering documents issued by the firm. Therefore, it appeared that Mr. Ruiz was involved in a relationship with a firm that no longer qualified for firm registration which resulted in the firm providing engineering services without having a valid firm registration and that he failed to prevent the association of his name and engineer seal with this firm when he should have known that it did not have a full-time Texas licensed professional engineer on staff.
Resolution: Two year probated suspension, a $500.00 administrative penalty and completion of an engineering ethics course.
Case Number: D-32444; Ms. Vera Green, P.E.; Galveston, Texas.
Violation: It was alleged that Ms. Green submitted a WPI-2 form to TDI for windstorm insurance coverage inspections that reflected the wrong exposure category for the structure inspected. Further, it was alleged that Ms. Green submitted WPI-2 forms to TDI for roofing projects on two other structures certifying that the installed roof systems complied with cited windstorm codes; however, TDI subsequently found that the roof systems as constructed did not meet the cited codes. Therefore, it appeared that the above-mentioned WPI-s forms submitted by Ms. Green were misleading, that she failed to endeavor to meet the cited codes and that she was not acting as a faithful agent or respectful of her clients.
Resolution: One year probated suspension, a $1,240.00 administrative penalty and completion of an engineering ethics course.
Case Number: D-30996, Mr. Horacio Castillo, Kingsville, Texas.
Violation: It was alleged that Mr. Castillo signed and sealed WPI-2 forms that were submitted to TDI for 16 buildings on the campus of Raymondville High School, Raymondville, Texas, certifying that the re-roofing and/or the entire structures complied with cited windstorm codes. Subsequent inspections of the building by TDI found conditions that indicated the structures did not comply with the cited windstorm codes; thus, TDI determined the buildings were not eligible for windstorm and hail insurance. TDI requested that Mr. Castillo submit additional information and/or documentation to support his certification; however, Mr. Castillo did not respond to the TDI requests. Later, Mr. Castillo acknowledged that he should have performed calculations which he did not do prior to certifying the structures. Therefore, it appeared that the WPI-2 forms signed and sealed by Mr. Castillo were misleading and that he failed to perform standard and customary inspection and/or review services as a professional engineer indicating a lack of care and diligence.
Resolution: As a result of a formal hearing at the State Office of Administrative Hearings and based on Mr. Castillo’s past history of disciplinary actions against him by the Board, the Board issued a Final Order to Mr. Castillo revoking his Texas engineer license.
Case Number: D-32671; Mr. Andrew Gonzales; San Antonio, Texas.
Violation: It was alleged that Mr. Gonzales was incarcerated as a result of a felony conviction.
Resolution: Revocation of his Texas engineer license as required by Texas Occupations Code, Section 53.021(b) and Board Rule 139.43(a).
Case Number: B-32319; Gelinas & Associates, Inc.; Spicewood, Texas.
Violation: It was alleged that this firm used the word “Engineers” in its firm logo which is a representation that it can offer or perform engineering services and that it prepared a proposed grading plan for a boat ramp extension project that constituted the practice of engineering. Board records did not show any Texas licensed professional engineers associated with this firm nor was it registered with the Board. In response to an inquiry regarding these issues, Mr. Charles Gelinas acknowledged that the engineering services provided by his firm were not performed by a Texas licensed professional engineer. Therefore, the use the word “Engineers” in the firm’s logo and the engineering services performed and provided by this firm were unlawful.
Resolution: Cease and desist from offering to perform or the actual performance of engineering services, from using the word “Engineers” in the firm’s logo in Texas and from the representation that it can offer/provide engineering services to the public of Texas until such time as the firm hires a full-time employee who is a Texas licensed professional engineer and the firm becomes registered with the Board; and a $2,400.00 administrative penalty.
Case Number: B-32462; Mr. Stephen H. Keown; Houston, Texas.
Violation: It was alleged that Mr. Keown represented himself as a Texas licensed professional engineer by affixing a Texas engineer seal bearing his name on a technical review engineering report for a Texas project using the phrase “Retired, Previous P.E., Past P.E.” Board records show that Mr. Keown’s Texas engineer license expired on June 30, 1996, and became non-renewable on June 30, 1998. Therefore, the use of his Texas engineer seal, his use of the “P.E.” designation and his practice of engineering for the above-mentioned project were unlawful.
Resolution: Cease and desist from offering to perform or the actual performance of engineering services, from using the designation “P.E.” and from affixing his Texas engineer seal on any and all documents in Texas until such time as he becomes re-licensed in Texas as a professional engineer and a $2,200.00 administrative penalty.
Case Number: E-32304; Mr. Ben Carroll; Schertz, Texas.
Violation: It was alleged that Mr. Carroll identified himself as a Texas licensed professional engineer by using the designation “P.E.” after his name on correspondence he submitted to a Texas city. Board records show that Mr. Carroll has never been licensed in Texas as a professional engineer; therefore, his use of the designation “P.E.” was unlawful.
Resolution: Cease and desist from offering to perform or the actual performance of engineering services and from using the designation “P.E.” or any other representations that he is a professional engineer in Texas until such time as he becomes licensed in Texas as a professional engineer and a $1,680.00 administrative penalty.