TEXAS BOARD OF PROFESSIONAL ENGINEERS
November 18, 2010, Board Meeting Disciplinary Actions

Case Number:  D-31385; Mr. Arturo S. Gaytan, P.E.; San Antonio, Texas.
Violation:  It was alleged that Mr. Gaytan signed and affixed his Texas engineer seal to a foundation repair plan that was not prepared by him nor was it prepared under his direct supervision.  It was also alleged that he certified that the completed work complied with the repair plan; however, post repair inspections showed that some of the piers had not been installed to the plan specifications; thus, it appeared that his certification created a misleading impression indicating his work was not done in a careful and diligent manner.
Resolution:  Two year probated suspension, a $3,150.00 administrative penalty and completion of an engineering ethics course.

Case Number:  D-32236; Mr. Iden Iram Trevino, Weslaco, Texas.
Violation:  It was alleged that Mr. Trevino signed and affixed his Texas engineer seal to sets of engineering design plans for fire protection sprinkler systems which had several design aspects that did not comply with the 2003 International Fire Code, the 2003 International Building Code nor the 2002 edition of the NFPA 13.  It was also alleged that Mr. Trevino issued these plans under a firm name that his records did not reflect an employee relationship. Therefore, it appeared that his engineering designs were not performed in conformance with generally accepted standards and procedures; that he failed to endeavor to meet the above-cited codes; that his actions showed a lack of care and diligence; and that he did not notify the Board of an employer change within 30 days of that change.
Resolution:  One year probated suspension (August 26, 2012 to August 26, 2013) and a $1,500.00 administrative penalty.  NOTE:  The finding by the Board of rule violations in this case resulted in lifting the probation of Mr. Trevino’s Texas engineer license regarding case number D-31995. His license is suspended until August 26, 2012.

Case Number:  D-32299; Mr. Salah Al-Deen Yousef, P.E.; Overland Park, Kansas.
Violation:  It was alleged that Mr. Yousef signed and affixed his Texas engineer seal to engineering plans for a Texas project on April 28, 2010; however, Board records show that his Texas engineer license expired on June 30, 2009, and was not renewed until June 24, 2010.  Therefore, it appeared that he practiced engineering for the Texas project and used his Texas engineer seal during a period when his Texas engineer license was in an expired status.
Resolution:  One year probated suspension, a $500.00 administrative penalty and completion of an engineering ethics course.

Case Number:  D-32340; Mr. Fadi Souhail Dally, P.E.; Missouri City, Texas.
Violation:  It was alleged that Mr. Dally signed and affixed his Texas engineer seal to engineering plans for a Texas project on May 11, 2010; however, Board records show that his Texas engineer license expired on December 31, 2009, and was not renewed until June 21, 2010.   It was also alleged that Mr. Dally issued these plans under a firm name that his records did not reflect an employee relationship and which was not registered with the Board.  Therefore, it appeared that he practiced engineering for the Texas project and used his Texas engineer seal during a period when his Texas engineer license was in an expired status; that he did not notify the Board of an employer change within 30 days of that change; and that he provided engineering services for a firm that was not registered with the Board.
Resolution:  Formal Reprimand and a $750.00 administrative penalty.

Case Number:  B-31062; Mr. Ivan Hessbrook; San Antonio, Texas.
Violation:  It was alleged that Mr. Hessbrook created engineering plans for a Texas project and signed the name and affixed the engineer seal (which Mr. Hessbrook returned to the Board) of a Texas licensed professional engineer who was deceased.  Board records showed that Mr. Hessbrook has never been licensed in Texas as a professional engineer; therefore, it appeared that his creation of engineering plans and use of the deceased professional engineers signed name and engineer seal were unlawful.
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 a $3,000.00 administrative penalty.

Case Number:  B-32378; Sitework Engineering, L.L.C.; El Paso, 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.