TEXAS BOARD OF PROFESSIONAL ENGINEERS
November 19, 2015, Board Meeting Disciplinary Actions

Mr. Donatus Anyanwu, P.E. #86647, Dallas, TX; Cases Number: D–34879 & D–35298
Violation: Mr. Anyanwu failed to comply with the terms of the Agreed Board Order (ABO) he signed on March 23, 2013, and approved by the Board on May 23, 2013, which involved and resolved three cases (D-31880, D-31963 and B-31881). Mr. Anyanwu failed to timely pay the administrative penalty of $15,000, which resulted in the Board lifting his six year probated suspension effective July 13, 2013. As a consequence, the firm registration for Mr. Anyanwu's firm, ADI Engineering, Inc. (ADI), become “Inactive” since Board records do not show any currently active Texas licensed professional engineer whose license is in good standing employed full time by ADI. In addition, Mr. Anyanwu did not comply with the other agreed upon terms of the ABO. He failed to successfully enroll in, and complete the Texas Tech University Engineering Ethics III Course within six months; he did not limit his practice to only Mechanical Engineering discipline; and he did not submit completed engineering plans to the Board at specified intervals for evaluation. Despite, his license being suspended Mr. Anyanwu continued to practice engineering and aided and abetted ADI in performing engineering services while inactive. He also convinced others to sign and seal his engineering designs and plans, resulting in enforcement disciplinary action taken against those individuals.
Act/Rule Violated: Tex. Occ. Code §§ 1001.004(c)(2)(A), (B) and (C), 1001.301(a)–(c), 1001.401(c), 1001.405, and 1001.451 and 22 TAC §§ 137.37(2), 137.59(a)–(b), 137.63(a), 137.63(b)(2), 137.63(c)(1) 137.77(a)–(e)
Resolution: Mr. Anyanwu voluntarily surrendered his Texas professional engineer license in lieu of further disciplinary action, which the Board subsequently revoked his Texas professional engineer license effective November 19, 2015.

Mr. Albert Alaniz III, P.E. #75361, Corpus Christi, TX; Case Number: D–36015
Violation: Mr. Alaniz practiced engineering while his Texas professional engineer license was expired. Mr. Alaniz's Texas professional engineer license expired and was not renewed for four months during which, Mr. Alaniz signed and sealed engineering construction plans. Mr. Alaniz aided and abetted an inactive engineering firm in the illegal practice of engineering. Mr. Alaniz failed to act as faithful agent in that he misrepresented to the client for the Project he was legally able to offer and provide engineering services.
Act/Rule Violated: Tex. Occ. Code §§ 1001.401(c) and 1001.405(b)(1), (e)(1), and (e)(3) and 22 TAC §§ 137.7(a), 137.37(a)(2), 137.63(a), (b)(4), (b)(6), and (c)(1), and 137.77(a) and (d)–(e)
Resolution: Two Year Probated Suspension contingent on payment of Administrative Penalty in the amount of $4,420.00 and successfully complete Texas Tech University Engineering Ethics II Course.

Mr. Jay Victor Hamm, P.E. #46400, Dallas, TX; Case Number: D-35778
Violation: Mr. Hamm failed to properly date and include a caveat or disclaimer on the submitted engineering plan sheet indicating the documents were only for preliminary purposes. Mr. Hamm failed to properly include the firm registration number on the engineering plan sheets for the Project. Mr. Hamm failed to properly include the execution date on final engineering document for the Project prior to being issued. Mr. Hamm's submission for the Project lacked the final execution date. Mr. Hamm failed to implement reasonable measures to secure his seal from unauthorized use in that a former employee was able to use Mr. Hamm's seal and signature on other projects without neither Mr. Hamm's knowledge nor permission.
Act/Rule Violated: 22 TAC §§ 137.33(d), (e), (f), and (n)
Resolution: One year probated suspension contingent on payment of Administrative Penalty in the amount of $1,000.00 and successfully passes the Board's Ethics Course Exam.

Dr. Rosser Melton, Jr., Denton, TX; Case Number: B-35680
Violation: Dr. Melton is not nor has he ever been licensed in Texas as a professional engineer. Dr. Melton is the owner of an 1880 era masonry building in the City of McKinney (City), Texas, which is in need of repairs due to a crack in the masonry wall. City building officials, informed Dr. Melton because the crack may be a “structural separation” he would need an engineer's report regarding the repair. Dr. Melton then practiced engineering in Texas by submitting to the City on or about December 18, 2014, an “engineering type report” dated initially December 5, 2014 and then re-dated December 18, 2014, which he signed as “private engineer” after his name on the report.
Act/Rule Violated: Tex. Occ. Code §§ 1001.004(c)(2)(A) and 1001.301(a)–(c)
Resolution: Cease and Desist Order, an Administrative Penalty in the amount of $3,900.00, and Court and Investigative Costs in the amount of $359.09.

Mr. Steven Ward Crain, P.E. #46945, Houston TX; Case Number: D–35712
Violation: Mr. Crain failed to report to the Board his criminal convictions. The Board performed a Criminal History Record Check, as required by the Act, §1001.3535(a), which revealed information Mr. Crain had been convicted of two misdemeanor crimes. Mr. Crain failed to timely notify the Board of his felony criminal conviction, within required 30 days of the conviction. Therefore, Mr. Crain failed to conduct engineering in an honest and ethical manner.
Act/Rule Violated: 22 TAC §§ 137.5(c) and 137.63(a)
Resolution: Formal Reprimand and successfully complete Texas Tech University Engineering Ethics I Course.

Mr. Gerald Paul Wilson, P.E. #98053 (Inactive), Sugar Land, TX; Case Number: D–36078
Violation: Mr. Wilson offered and practiced engineering while his professional engineer's license was inactive. Mr. Wilson misrepresented his license status and failed to display his professional engineer license as inactive on correspondence. Mr. Wilson failed to practice engineering in a careful and diligent manner.
Act/Rule Violated: 22 TAC §§ 137.13(a), (f), and (h), 137.57(b)(3), and 137.63(b)(6)
Resolution: Formal Reprimand and One Year Probated Suspension.

Mr. Melvin Holloway, Houston, TX; Case Number: E–35918
Violation: Mr. Holloway offered and practiced engineering without being licensed by the Board. Mr. Holloway is not nor has he ever been licensed as a professional engineer by the Board. Mr. Holloway issued an Inspection Report for a Project containing the phrase, “By this letter, I [Melvin Holloway] am assuming the role of the ER (Engineer of Record) for the entire property.” In addition, the inspection report also contains a “Professional Engineer” seal bearing Mr. Holloway's name. Mr. Holloway practiced engineering as evident by his analysis as stated in the Inspection Report. Mr. Holloway's firm offered and practiced engineering without being registered with the Board. Mr. Holloway owns and operates the firm HD Holloway Designs (Firm). The Firm is not registered with the Board nor has the firm completed the business entity registration process.
Act/Rule Violated: Tex. Occ. Code §§ 1001.004(c)(2)(A), 1001.301(a) and (d), and 1001.405(b)(1) and (e) and 22 TAC §§ 137.71(1) and (6) and 137.77(a) and (d)
Resolution: Cease and Desist Order and an Administrative Penalty in the amount of $3,900.00.

Mr. Brian D. Gaylord, Fort Worth, TX; Case Number: B–35877
Violation: Mr. Gaylord offered and practiced engineering without being licensed by the Board. On or about March 31, 2015, Mr. Gaylord affixed the seal and signature of licensed P.E. to design sheets for a Project without the P.E.'s knowledge and/or permission. Mr. Gaylord unlawfully practiced engineering by preparing and producing the design sheets for the Project. Mr. Gaylord's business entity offered and provided engineering services without being registered with the Board.
Act/Rule Violated: Tex. Occ. Code §§ 1001.004(c)(2)(A)–(C), 1001.301(a) and (d), and 1001.405(b)(1)–(2) and 22 TAC §§ 137.37(b) and 137.77(a) and (d)
Resolution: Cease and Desist Order and an Administrative Penalty in the amount of $3,720.00.

Michael Sandone Productions, Inc., Dallas, TX; Case Number: B–35876
Violation: Michael Sandone Productions, Inc. (Respondent) practiced engineering without being registered with the Board. Respondent submitted engineering design plans with a City in order to obtain a building permit for a tent structure to be erected on April 16, 2015 at a campus. The engineering design plans bear Respondent's firm name and contained engineer seals belonging to two different licensed professional engineers. Respondent is not registered with the Board nor has the Respondent completed the business entity registration process. Respondent engaged in the practice of engineering without having the engineering services performed by a licensed engineer. One of the listed professional engineers became deceased on February 19, 2000 and the other listed P.E. notified the Board the weight anchor design plan containing his seal, signature, and dated November 7, 2014, were not produced, signed or sealed by him.
Act/Rule Violated: Tex. Occ. Code §§ 1001.405(b)(1) and (b)(2), 1001.004(c)(2)(A), and 1001.301(a) and 22 TAC §137.77(a) and (d)
Resolution: Cease and Desist Order and an Administrative Penalty in the amount of $3,600.00.

Norville Schroeder Smith and Associates PLLC (F-3592), Lubbock, TX; Case Number: B–35879
Violation: Norville Schroeder Smith and Associates PLLC (Respondent) offered and provided consulting engineering services while Respondent's registration was expired. On March 31, 2014, Respondent's engineering firm registration expired and has not been renewed. Respondent has performed engineering services on one Texas project since Respondent's firm registration expired. Respondent has never notified the Board the P.E. no longer works for the Respondent. Respondent practiced engineering without employing a full-time actively licensed professional engineer.
Act/Rule Violated: Tex. Occ. Code §§ 1001.405(b)(1) and (e)(1) and 22 TAC §§ 137.77(b) and (d)–(e)
Resolution: Cease and Desist Order and an Administrative Penalty in the amount of $750.00.

H. Carlos Smith - Engineers & Surveyors, LLC (F-3378), La Porte, TX; Case Number: B–35797
Violation: H. Carlos Smith - Engineers & Surveyors, LLC (Respondent) offered and provided consulting engineering services while Respondent's registration was expired. On January 31, 2014, Respondent's engineering firm registration expired and has not been renewed. Respondent has performed engineering services on two Texas projects since Respondent's firm registration expired.
Act/Rule Violated: Tex. Occ. Code §§ 1001.405(b)(1) and (e)(1) and 22 TAC §§ 137.77(d)–(e)
Resolution: Administrative Penalty in the amount of $750.00.

Sandwell Engineers Corp. (F-13251) Vancouver, BC, Canada; Case Number: B–35931
Violation: Sandwell Engineers Corp. (Respondent) offered to provide consulting engineering services while Respondent's registration was expired and after it was no longer renewable. On February 28, 2014, Respondent's engineering firm registration expired and was not renewed. As of February 28, 2015, Respondent's registration became non-renewable.
Act/Rule Violated: Tex. Occ. Code §§ 1001.405(b)(1) and (e)(1) and 22 TAC §§ 137.77(d)–(e)
Resolution: Cease and Desist Order and an Administrative Penalty in the amount of $250.00.