TEXAS BOARD OF PROFESSIONAL ENGINEERS
November 20, 2014, Board Meeting Disciplinary Actions

Mr. Jen-Gwo Chen; Sugarland, Texas; Case Number: D-34046
Violation: Mr. Chen certified that he had completed the required hours of continuing education on his license renewal form; however upon being selected for a random audit, Mr. Chen could not produce any documentation of courses taken, and aside from one brief contact with the Board, failed to respond to numerous Board inquiries about this matter. Following a hearing before an Administrative Law Judge of the State Office of Administrative Hearings, at which he failed to appear or respond, the Board issued a Final Order revoking Mr. Chen's license. This case is not yet final as Mr. Chen can appeal the Board's Order to the courts of Texas.
Section/Rule Violated: 137.17 (p) (2), and 137.17 (p) (3).
Resolution: Mr. Chen's Texas engineer license was revoked effective November 20, 2014, subject only to his timely filing an appeal.

Mr. Brian W. Johnson; Colorado Springs, Colorado; Case Number: D-35138
Violation: Mr. Johnson was convicted of a felony in the State of Colorado, and was sentenced to four years in Community Corrections (a non-incarceration setting) and 20 years to life of intensely supervised probation. To resolve the Board's case and because he no longer desired to hold a Texas engineer license, Mr. Johnson agreed to the voluntarily surrender and revocation of his Texas professional engineer license.
Section/Rule Violated: 139. 43(b).
Resolution: Mr. Johnson's Texas engineer license was revoked effective November 20, 2014.

Mr. Thomas W. Keiss; Fort Worth, Texas; Case Number: D-33982 and D-35312
Violation: Mr. Keiss failed to act as a faithful agent to his employer in that he used his employer's equipment and vehicle for his own business purposes, and, after his license was suspended over a different matter, he continued to practice engineering while he legally was unable to do so. To resolve the Board's case and because he no longer desired to hold a Texas engineer license, Mr. Johnson agreed to the voluntarily surrender and revocation of his Texas professional engineer license.
Section/Rule Violated: 1001.401 (c), 1001.405, 137.33 (n), 137.37(2), 137.77 (a) (d) and (h) and 137.63(b) (4).
Resolution: Mr. Keiss' Texas engineer license was revoked effective November 20, 2014.

Mr. R. Kirk Gregory, P.E.; New Braunfels, Texas; Case Number D-34603
Violation: Mr. Gregory prepared and presented to his client an engineering report/affidavit regarding the work of another engineer that contained misleading statements as well as unprofessional language in a comparison of the other engineers' experience.
Section/Rule Violated: 137.57(a) and (b), and 137.59 (c), 137.63 (b) (5).
Resolution: Two years probated suspension added to an existing probated suspension, and a $4,690.00 administrative penalty.

Mr. James S. Barton, P.E.; Wylie, Texas; Case Number: D-35122
Violation: Mr. Barton was hired to prepare foundation repair and drainage plans by a client who became dissatisfied with the quality of the workmanship, and alleged that Mr. Barton had failed to personally supervise all of the repair/drainage work.
Section/Rule Violated: 137.57(b) (3), 137.63(b) (1), and 137.63(c) (6).
Resolution: Two year probated suspension, and a $5,720.00 administrative penalty and completion within six months of an engineering ethics course.

Mr. Joseph E. Tober, P.E.; San Antonio, Texas; Case Number D-35313
Violation: Mr. Tober failed to act as a faithful agent to his employer in that he used his employer's equipment for his own business purposes while still employed at the engineering firm, and thus failed to engage in professional business activities in an honest, truthful and ethical manner.
Section/Rule Violated: 137.63 (a) and 137.63 (b) (4) and (5).
Resolution: One year probated suspension, and a $3,250.00 administrative penalty and completion within six months of an engineering ethics course.

Mr. Octavio N. Guerra, P.E.; Houston, Texas; Case Number D-35334
Violation: Mr. Guerra failed to act as a faithful agent to his employer in that he used his employer's equipment for his own business purposes while still employed at the engineering firm, and thus failed to engage in professional business activities in an honest, truthful and ethical manner.
Section/Rule Violated: 137.63 (a) and 137.63 (b) (4) and (5).
Resolution: One year probated suspension, and a $2,800.00 administrative penalty and completion within six months of an engineering ethics course.

Mr. William Dahlin, P.E.; Arlington, Texas; Case Number D-35398
Violation: Mr. Dahlin was disciplined by another state in which he held an engineer license. Board Rule 137.65 authorizes the Board to take disciplinary action against a Texas licensed engineer if the acts in the other state which resulted in a disciplinary action would also violate the Texas Engineering Practice Act or Board rules if done in Texas.
Section/Rule Violated: 137.65.
Resolution: Formal Reprimand effective November 20, 2014.

Mr. James J. Porebski, P.E.; Pompano Beach, Florida; Case Number D-35260
Violation: Mr. Porebski was disciplined by another state in which he held an engineer license. Board Rule 137.65 authorizes the Board to take disciplinary action against a Texas licensed engineer if the acts in the other state which resulted in a disciplinary action would also violate the Texas Engineering Practice Act or Board rules if done in Texas.
Section/Rule Violated: 137.65.
Resolution: Formal Reprimand effective November 20, 2014.

Mr. Desmond C. Sprawls, P.E.; Shreveport, Louisiana; Case Number D-35492
Violation: Mr. Sprawls was disciplined by another state in which he held an engineer license. Board Rule 137.65 authorizes the Board to take disciplinary action against a Texas licensed engineer if the acts in the other state which resulted in a disciplinary action would also violate the Texas Engineering Practice Act or Board rules if done in Texas.
Section/Rule Violated: 137.65.
Resolution: Formal Reprimand effective November 20, 2014.

Mr. Jason Blevins; Houston, Texas; Case Number E-35354
Violation: Mr. Blevins prepared and submitted to an electronic media site a profile that included "P.E." after his name. While Mr. Blevins had previously been a professional engineer in Virginia, he no longer was, nor was Mr. Blevins licensed in Texas and therefore his use of "P.E." after his name was improper.
Section/Rule Violated: Section 1001.004(c) (2) (B) and (C), 1001.301(b) and (c).
Resolution: A Cease and Desist Order and a $2,250.00 administrative penalty.

Reddy Engineers & Contractors, Ltd.; Houston, Texas; Case Number B-34982
Violation: During a period of time when the firm's registration was expired the firm offered to perform engineering work for the public of Texas.
Section/Rule Violated: Section 1001.405 and 137.77 (a), (d) and (e).
Resolution: A $250.00 administrative penalty.