TEXAS BOARD OF PROFESSIONAL ENGINEERS
May 21, 2014, Board Meeting Disciplinary Actions

 

Mr. Everett A. Horton; Huntersville, North Carolina; Case Number: D-34632

Violation:  Mr. Horton 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. To resolve the Board’s disciplinary action against him, Mr. Horton agreed to the voluntary surrender and revocation of his Texas professional engineer license.

Section/Rule Violated:  137.65.

Resolution:  Mr. Horton’s Texas engineer’s license was revoked effective May 21, 2014.

 

Mr. Norman A. Ofstad; Dallas, Texas; Case Number D-34692

Violation: Mr. Ofstad falsely certified that he had completed the required Continuing Education credits on his last license renewal. Following an audit in which he admitted to not have taken the Continuing Education because he thought he was exempt due to his age, he agreed to the voluntarily surrender and revocation of his Texas professional engineer license.

Section/Rule Violated:  137. 17 (p)

Resolution:  Mr. Ofstad’s Texas engineer’s license was revoked effective May 21, 2014.

 

Mr. Thomas P. McDill, P.E.; Austin, Texas; Case Number: D-34318

Violation:  Mr. McDill’s firm registration expired on August 31, 2012 and his personal license expired on December 31, 2012. During the expired period after December 31, 2012, Mr. McDill signed and sealed engineering work when he was not authorized to do so. Following a hearing at the State Office of Administrative Hearings, the Board approved a Final Board Order imposing a one year probated suspension of Mr. McDill’s Texas engineer’s license, and a $1,500.00 administrative penalty. This Order is subject to appeal in District Court.

Section/Rule Violated:  137.77 (a) (2), and 137.77 (d) and 137.33(n).

Resolution: One year probated suspension, and a $1,500.00 administrative penalty.

 

Mr. Raul P. Flores, P.E.; Port Mansfield, Texas; Case Number: D-33569

Violation:  Mr. Flores’ professional engineer’s license expired on December 31, 2009. During the expired period after December 31, 2009, Mr. Flores signed and sealed engineering work when he was not authorized to do so.

Section/Rule Violated:  137.77 (a).

Resolution: One year probated suspension, a $1,000.00 administrative penalty, and completion within six months of an engineering ethics course.

 

Mr. Mark E. Berg, P.E.; Los Angeles, California; Case Number D-34817

Violation: Mr. Berg failed to timely notify the Board of a misdemeanor conviction and indicated on his renewal form that he had not been convicted of an offense since his last renewal.

Section/Rule Violated:  137.5 (c), and 137.63 (a).

Resolution: Formal Reprimand effective May 21, 2014, and completion within six months of an engineering ethics course.

 

Mr. Marcus C. Gibson, P.E.; Charlotte, North Carolina; Case Number D-34539

Violation: Mr. Gibson 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 May 21, 2014.

 

John Hoffman; Garland, Texas; Case Number D-34763

Violation: Mr. Hoffman, while working for an environmental firm part-time, signed engineering reports that were incomplete when released from his control by the firm to the client, and aided and abetted the firm in the unauthorized practice of engineering.

Section/Rule Violated:  137.51 (d).

Resolution: A $500.00 administrative penalty and agreement to allow his Texas engineer’s license to expire and not be renewed.

 

Mr. William Campbell; Houston, Texas; Case Number B-34566

Violation: Mr. Campbell’s firm registration expired on September 31, 2011. During the expired period after September 31, 2011, the firm continued to offer to perform engineering work when it was not authorized to do so.

Section/Rule Violated:  137.77 (a), (d) and (e).

Resolution:  $650.00 administrative penalty.

 

Mr. Karl Koppany; Arlington, Texas; Case Number E-33738

Violation: Mr. Koppany recklessly allowed a listing of himself in his firm’s material as a "qualified engineer" when he was not licensed by the Board as a professional engineer.

Section/Rule Violated: Section 1001.004 (c) (2) (B) and (c), and section 1001.301 (b) and (c).

Resolution: A Cease and Desist Order and a $1,590.00 administrative penalty.

 

Strat Core dba Pinnacle Environmental; Ft. Worth, Texas; Case Number E-34762

Violation: Strat Core performed or provided unlawful engineering services for the public of Texas through its submittal of at least three Limited Subsurface Investigation Reports (LSIR) without having a regular full-time employee licensed as a Texas professional engineer, and by allowing or permitting an unlicensed person to sign such engineering work, and by being registered as a Texas engineering firm without having a regular full-time employee licensed as a Texas professional engineer.

Violation: 1001.004(c) (2)(A), (B), and (C), 1001.301(a) (b) and (c) and 1001.405 of the Act and Board Rules 137.77(a) (b) and (d).

Resolution: A Cease and Desist Order and a $1,000.00 administrative penalty.

 

Gary L. Ragsdale; Humble, Texas; Case Number E-33839

Violation: Mr. Ragsdale allowed or caused to be prepared a resume that included "P.E." after his name, and that listed himself as a "professional engineer" licensed in the state of Texas which he was not.

Resolution: A Cease and Desist Order and a $2,760.00 administrative penalty.

 

Clay Schlinke; San Antonio, Texas; Case Number B-34352

Violation: Mr. Schlinke submitted numerous city forms for residential inspections to the City of San Antonio bearing the name and seal of a Texas licensed professional engineer who did not prepare or perform the work and who did not authorize the use of his seal or signature.

Resolution: A Cease and Desist Order and a $2,600.00 administrative penalty.

 

2W3 Consulting Engineers; Ft. Worth, Texas; Case Number B-34705

Violation: During a period of time when the firm’s registration had expired the firm offered to perform and did actually perform engineering work for the public of Texas.

Resolution: A $750.00 administrative penalty.