Case Number: D-28935; Mr. Horacio Castillo, Kingsville, Texas.
Violation: It was alleged that Mr. Castillo, acting as a County Engineer engaged to be the project engineer to provide construction management and to certify the completion of construction for county projects that were federally funded to improve a city’s water and sewer systems and to rehabilitate private housing, falsely certified portions of work as being complete and received payments for the work when in fact that work had not been completed. It was also alleged that Mr. Castillo contracted with his family members to perform construction work on one of the projects; but, did not disclose this potential for a conflict of interest in writing to involved parties.
Resolution: As a result of a formal hearing at the State Office of Administrative Hearings, at the February 26, 2009, Board Meeting the Board issued a Final Order to Mr. Castillo for a five year suspension of his Texas engineer license with the final two years probated, a $30,000.00 administrative penalty and completion of two engineering ethics courses. The Board received a request for re-hearing which was granted and this case was again heard by the Board at its June 18, 2009 Board Meeting which resulted in the Board voting to again issue a Final Order suspending Mr. Castillo’s Texas engineer license for five years with the final two years to be probated; assessing a $30,000.00 administrative penalty; and requiring him to successfully complete two engineering ethics courses.
Case Number: D-28937; Mr. John W. Anderson, P.E.; McKinney, Texas.
Violation: It was alleged that Mr. Anderson signed and affixed his Texas engineer seal to three trench safety specifications that he prepared which were issued under the name of a firm that, at the time, did not have any Texas licensed professional engineers as full-time employees nor was the firm registered with the Board. Therefore, it appeared that Mr. Anderson aided and abetted this firm in unlawfully providing engineering services and he created a misleading impression that this firm had the ability to offer and provide engineering services
Resolution: One year probated suspension, a $450.00 administrative penalty and completion of an engineering ethics course.
Case Number: D-29844; Mr. Charles Scott Parker, P.E.; San Antonio, Texas.
Violation: It was alleged that Mr. Parker signed and sealed a plumbing tunnel fill certificate and a general slab perimeter plat that incorrectly showed a location of a water line and he denied his role in preparing these documents. It was further alleged that during investigation of this matter, Mr. Parker acknowledged that he failed to fully cooperate with the Board by unintentionally misinforming the Board that these documents were an earlier submission which were later corrected which was misleading.
Resolution: Four year probated suspension, a $500.00 administrative penalty and completion of an engineering ethics course.
Case Number: D-30341; Mr. Mohammed Abdul Munim, P.E.; Dallas, Texas.
Violation: It was alleged that Mr. Munim was engaged to perform testing and site observation of a retaining wall construction project and that he issued a letter regarding his technician's inspections in which he stated that construction was performed in accordance with the engineering design plans; however, photographs taken during construction showed that only four reinforcing steel dowel bars were installed in various locations rather than the eight that were shown on the engineering design plans. Therefore, it appeared that Mr. Munim’s letter was misleading and that he had not performed his inspections in a careful and diligent manner.
Resolution: Formal Reprimand and a $1,500.00 administrative penalty.
Case Number: D-30828; Mr. Glen R. Andersen, P.E.; San Antonio, Texas.
Violation: It was alleged that Mr. Andersen prepared computational sheets showing engineering work he performed for a project which were issued under the name of a firm that, at the time, did not have any Texas licensed professional engineers as full-time employees nor was the firm registered with the Board. Therefore, it appeared that Mr. Andersen aided and abetted this firm in unlawfully providing engineering services.
Resolution: Two year probated suspension and a $1,680.00 administrative penalty.
Case Number: D-30832; Mr. Michael B. Couch, P.E.; San Antonio, Texas.
Violation: It was alleged that Mr. Couch signed and affixed his seal to a letter certifying that work on a residential foundation had been satisfactorily completed by the repair contractor; however, he later acknowledged that when he issued that letter, there was still work that had not yet been completed by the contractor. It was further alleged that subsequent inspections of the site disclosed that the residence had skirting surrounding the foundation, which limited Mr. Couch’s ability to perform his inspection, and identified construction deficiencies such as inadequately sized piers, the presence of rotting wood and fragments of concrete rather than solid poured concrete. Therefore, it appeared Mr. Couch’s letter was misleading.
Resolution: One year probated suspension, a $1,060.00 administrative penalty and completion of an engineering ethics course.
Case Number: D-30833: Mr. Carl Anthony Demeter, P.E.; Littleton, Colorado.
Violation: It was alleged that Mr. Demeter signed and affixed his Texas engineer seal to design load calculations and design plans for concrete projects administered by a state agency that he prepared which were issued under the name of a firm that, at the time, did not have any Texas licensed professional engineers as full-time employees nor was the firm registered with the Board. Therefore, it appeared that Mr. Demeter aided and abetted this firm in unlawfully providing engineering services.
Resolution: Formal Reprimand and a $1,000.00 administrative penalty.
Case Number: D-30998; Mr. Zhoubin Nemat-Kia, P.E.; Irving, Texas.
Violation: It was alleged that Mr. Nemat-Kia signed and affixed his Texas engineer seal to four geotechnical investigation reports that he prepared which were issued under the name of a firm that, at the time, did not have any Texas licensed professional engineers as full-time employees nor was the firm registered with the Board. Therefore, it appeared that Mr. Nemat-Kia aided and abetted this firm in unlawfully providing engineering services and he created a misleading impression that this firm had the ability to offer and provide engineering services.
Resolution: Formal Reprimand and a $720.00 administrative penalty.
Case Number: B-28934; Tren-Tech Company; Coppell, Texas.
Violation: It was alleged that this firm prepared and issued three trench safety specification design plans for projects in Texas. Board records showed that when the plans were prepared and issued, this firm did not have any Texas licensed professional engineers as full-time employees nor was it registered with the Board. Although the firm has since hired a Texas licensed professional engineer, and is now registered with the Board, it appeared that this firm unlawfully provided the above-mentioned engineering services.
Resolution: A $1,480.00 administrative penalty.
Case Number: B-30907; Mr. David McDurmitt; San Angelo, Texas.
Violation: It was alleged that Mr. McDurmitt performed engineering services for the public of Texas by preparing a site grading plan for a lot where an approximately 12,000 square foot commercial structure was to be constructed. Due to the size of the structure all engineering design plans were required to have been prepared by a Texas licensed professional engineer; however, Board records showed that Mr. McDurmitt was not licensed in Texas as a professional engineer. Therefore, it appeared that he unlawfully performed engineering services for this project.
Resolution: Cease and desist from offering to perform or the actual performance of engineering services until such time as he becomes duly licensed in Texas as a professional engineer, and a $1,360.00 administrative penalty.
Case Number: E-30722; Mr. Michael Huerta; Austin, Texas.
Violation: It was alleged that Mr. Huerta identified himself and his employees as professional engineers by using titles such as “professional engineer” and “engineers” on his firm’s web page www.awsolutions.net. Board records show that neither Mr. Huerta nor his employees are licensed in Texas as professional engineers; therefore, it appeared that these titles were unlawfully.
Resolution: Cease and desist from any and all representations that he or his employees can offer or perform engineering services and to immediately delete the words “professional engineer”, “engineer”, “engineers”, and “engineering” from his company’s web page until such time as he or the specified employee becomes duly licensed in Texas as a professional engineer, and a $400.00 administrative penalty.
Case Number: B-31024; Medina Consultants; Corpus Christi, Texas.
Violation: It was alleged that this business entity continued to provide engineering services during a period when it did not have a current firm registration.
Resolution: A $500.00 administrative penalty.
Case Number: B-31223: Knoll Engineering, Inc.; Houston, 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: A $500.00 administrative penalty.