TEXAS BOARD OF PROFESSIONAL ENGINEERS
November 16, 2017, Board Meeting Disciplinary & Administrative Actions

Mr. Ralph Robert Schenck, Valparaiso, IN; Case Number D–37151
Violation: In another jurisdiction, Mr. Schenck voluntarily surrendered his Kentucky professional engineer license because he failed to complete the required Professional Development Hours (PDH) of continuing education for the calendar years 2014 and 2015 and he failed to provide documentation of his continuing education records. Mr. Schenck failed to properly and promptly notify the Board he had been disciplined by another jurisdiction's regulatory agency. Because Mr. Schenck no longer desired to practice engineering in Texas and to resolve this pending disciplinary case, he signed a Voluntary Surrender Affidavit of his license which resulted in the revocation of his license.
Act/Rule Violated: 22 TAC §137.5(c) and in accordance with 22 TAC §137.65(b), if Mr. Schenck’s conduct had occurred in Texas, his actions would have violated 22 TAC §§ 137.17(p)(2), (3); 137.51(c); 137.63(a) and (b)(6)
Resolution: Revocation

Mr. Manuel Jesus Montemayor, P.E. #34325, Brownsville, TX; Case Number D–30692
Violation: Mr. Montemayor subdivided a large tract of land into 26 half-acre lots without the approval of the local County Commissioners Court. Mr. Montemayor then sold three lots with without installing either water service facilities, sewer facilities, or posting of a bond or other financial guarantee to ensure installation of these facilities. Mr. Montemayor unlawfully subdivided and sold property without approval from local officials and without providing sewer and water services for residents. Mr. Montemayor failed to comply with Texas Local Government Code §§ 232.035(a) and 232.031(a) in that at the time of the sales, none of the lots were legally platted, nor had local County approved the Subdivision plat. Mr. Montemayor failed to comply with Texas Local Government Code §§ 232.027 and 232.040(b) in that Mr. Montemayor sold lots in the Subdivision without complying with "build it or bond it" sewer and water service requirements.
Act/Rule Violated: 22 TAC §137.63(b)(1).
Resolution: Formal Reprimand, Administrative Penalty of $2,670.00, Court Costs of $2,326.63, and Texas Tech University Engineering Ethics Advanced Course.

Mr. Roger Lewis Blair, P.E. #110564, Nevada City, CA; Case Number D–36462
Violation: Mr. Blair failed to practice engineering in an honest, ethical, professional, careful and diligent manner, which when measured by generally accepted engineering standards and/or procedures endangered the public health, safety, and welfare. Mr. Blair failed to properly include the firm name and registration number on engineering documents.
Act/Rule Violated: 22 TAC §§ 137.33(n), 137.55(a) and (b), 137.57(a) and (b)(1)–(3), 137.63(a), (b)(1), and (b)(4)–(b)(6),  and 137.77(h).
Resolution: Two Year Probated Suspension contingent on remittance of an Administrative Penalty of $4,800.00 and successful completion of Texas Tech University Engineering Ethics Basic Course.

Mr. Oscar A. Chavez, P.E. #78313, Brownsville, TX; Case Number D–37119
Violation: Mr. Chavez failed to practice engineering in a careful and diligent manner so as to protect the health, safety, and welfare of the public by issuing misleading Windstorm Inspection Verification Form (WPI-2) to Texas Department of Insurance (Department). Mr. Chavez jeopardized the health, safety, and welfare of the public by issuing misleading statements when he falsely certified the Project complied with all applicable windstorm codes and was eligible for a windstorm and hail insurance policy issued by TWIA by affixing his signature and seal to WPI-2.
Act/Rule Violated: 22 TAC §§ 137.37(a)(1), 137.55(b), 137.57(b)(3), and 137.63(a), (b)(1), and (b)(6).
Resolution: One Year Probated Suspension contingent on remittance of an Administrative Penalty of $4,000.00 and successful completion of Texas Tech University Engineering Ethics Basic Course.
AMC Design, Missouri City, TX; Case Number B–37115
Violation: AMC Design offered and provided engineering services without being registered with the Board and falsely signed and sealed engineering documents indicating a professional engineer performed or directly supervised the work. AMC Design’s unlawfully providing engineering services without being registered with the Board.
Act/Rule Violated: Tex. Occ. Code §§ 1001.004(c)(2)(A), 1001.301(a) and (c)–(e), and 1001.405(b)(1)–(2) and 22 TAC §§ 137.37(b) and 137.77(a) and (d).
Resolution: Cease & Desist Order and Administrative Penalty of $3,000.00.

Med Tech Construction, San Antonio, TX; Case Number B–37108
Violation: Med Tech Construction offered and provided engineering services without being registered with the Board and falsely signed and sealed engineering documents indicating a professional engineer performed or directly supervised the work. Med Tech Construction unlawfully practiced engineering.
Act/Rule Violated: Tex. Occ. Code §§ 1001.004(c)(2)(A) and 1001.301(a) and (e) and 22 TAC §§ 137.37(b) and 137.77(a).
Resolution: Cease & Desist Order and Administrative Penalty of $3,000.00.

Mr. Alfredo Tomas Guerra, P.E. #86263, Laredo, TX; Case Number D–37205
Violation: Mr. Guerra neglected to perform his contractual obligations, specifically, he has not prepared nor issued a plat even though the client had remitted payment in full for the engineering services. Mr. Guerra failed to engage in business activities in a respectful, professional, honest, ethical, careful, and diligent manner by neglecting to act as a faithful agent for his client.
Act/Rule Violated: 22 TAC §§ 137.57(a), 137.57(b)(3), 137.63(a), and 137.63(b)(4)–(b)(6).
Resolution: One Year Probated Suspension contingent on remittance of an Administrative Penalty of $2,500.00.

Mr. Jeffrey Allan Gilbert, P.E. #87431, Brownsville, TX; Case Number D–36524
Violation: Mr. Gilbert issued misleading Windstorm Inspection Verification Form (WPI-2) to Texas Department of Insurance (Department). Mr. Gilbert issued a misleading statement when he certified the Residence complied with all applicable windstorm codes and was eligible for a windstorm and hail insurance policy issued by TWIA by affixing his signature and seal to the WPI-2. Mr. Gilbert failed to act as a faithful agent to his client and failed to practice engineering in an honest, ethical, careful and diligent manner. Mr. Gilbert failed to properly include the firm name and number on the WPI-2. Mr. Gilbert failed to properly notify the Board of his change in employment status.
Act/Rule Violated: 22 TAC §§ 137.5(a), 137.33(n), 137.57(b)(1)–(3), 137.63(a), and 137.63(b)(2) and (b)(4)–(b)(6).
Resolution: One Year Probated Suspension contingent on remittance of an Administrative Penalty of $2,000.00 and successful completion of Texas Tech University Engineering Ethics Basic Course.

Cooper & Moore Engineering Corporation (F–4461), Dallas, TX; Case Number B–37048
Violation: Cooper & Moore Engineering Corporation offered to provide consulting engineering services and represented to the public it was engaged in the practice of engineering while its registration was expired and nonrenewable.
Act/Rule Violated: Tex. Occ. Code §§ 1001.004(c)(2)(A)–(c)(2)(C), 1001.301(b), and 1001.405(b)(1) and (e)(1) and 22 TAC §§ 137.71(2) and 137.77(a) and (d)–(e).
Resolution: Cease & Desist Order and Administrative Penalty of $1,500.00.

Mas-Tek Engineering & Associates, Inc. (F–1418), Dallas, TX; Case Number B–37294
Violation: Mas-Tek Engineering offered and provided consulting engineering services while its registration was expired. Mas-Tek Engineering has performed engineering services on three Texas projects since its firm registration expired.
Act/Rule Violated: Tex. Occ. Code §§ 1001.405(b)(1) and (e)(1) and 22 TAC §§ 137.77(d) and (e).
Resolution: Administrative Penalty of $750.00.

Mr. Jimmy Patin, Thorndale, TX; Case Number B–36839
Violation: Mr. Patin unlawfully practiced engineering without being licensed by the Board by making modifications to the Lower Brushy Creek Site 23 Dam.
Act/Rule Violated: Tex. Occ. Code §§ 1001.004(c)(2)(A) and 1001.301(a) and (e).
Resolution: Cease & Desist Order and Administrative Penalty of $500.00.

Mr. Emmanuel Lao Casino, P.E. #83073, Houston, TX; Case Number D–37225
Violation: In another jurisdiction, Mr. Casino failed to complete the required 30 Professional Development Hours (PDH) of continuing education for the biennial renewal period from November 1, 2013 to October 31, 2015 and falsely attested he completed the 30 PDH of continuing education for the biennial renewal period of November 1, 2013 to October 31, 2015. Mr. Casino failed to properly and promptly notify the Board he had been disciplined by another jurisdiction's regulatory agency.
Act/Rule Violated: 22 TAC §137.5(c) and in accordance with 22 TAC §137.65(b), if Mr. Casino’s conduct had occurred in Texas, his actions would have violated 22 TAC §§ 137.17(p)(2)–(p)(3), 137.57(a) and (b)(1)–(3), and 137.63(a).
Resolution: Formal Reprimand.

Mr. Heath A. Dumack, P.E. #110466, Newtown, PA; Case Number D–37224
Violation: In another jurisdiction, Mr. Dumack failed to complete the required 24 Professional Development Hours (PDH) of continuing education for the 2014–2016 biennial renewal period and falsely attested he completed the 24 PDH of continuing education for the 2014–2016 biennial renewal period. Mr. Dumack failed to properly and promptly notify the Board he had been disciplined by another jurisdiction's regulatory agency.
Act/Rule Violated: 22 TAC §137.5(c) and in accordance with 22 TAC §137.65(b), if Mr. Dumack’s conduct had occurred in Texas, his actions would have violated 22 TAC §§ 137.17(a), (c), (d), (j), (k), (m), and (p)(2)–(p)(3), 137.57(a) and (b)(1)–(3), and 137.63(a).
Resolution: Formal Reprimand.

Mr. John Albert Fowler, P.E. #118285, Panama City Beach, FL; Case Number D–37149
Violation: In another jurisdiction, Mr. Fowler aided and abetted an unlicensed individual in the illegal practice of engineering by neglecting to directly supervise the engineering work performed, which contained deficiencies, thus endangering the public health, safety and welfare. Mr. Fowler issued misleading documents by affixing his signature and Alabama P.E. seal to engineering design documents for work he did not directly supervise nor control. Mr. Fowler failed to properly and promptly notify the Board he had been disciplined by another jurisdiction's regulatory agency.
Act/Rule Violated: 22 TAC §137.5(c) and in accordance with 22 TAC §137.65(b), if Mr. Fowler’s conduct had occurred in Texas, his actions would have violated 22 TAC §§ 137.33(b), 137.37(a)(1), 137.57(b)(3), and 137.63(a), (b)(1), and (b)(4)–(b)(6), and (c)(1).
Resolution: Formal Reprimand.