TEXAS BOARD OF PROFESSIONAL ENGINEERS
May 21, 2015, Board Meeting Disciplinary Actions

Mr. Ghassan M. Naddaf, Houston, Texas; Case Number: D-35636
Violation: Mr. Naddaf’s Criminal History Record Check revealed a felony conviction with incarceration in 2010 which, under Chapter 53, Texas Occupations Code, requires mandatory revocation of his license. Mr. Naddaf signed an Order consenting to the revocation of his license without any further procedural or substantive due process.
Section/Rule Violated: 139.43 (a) (3).
 Resolution:  Mr.Naddaf’s Texas engineer license was revoked effective May 21, 2015.
 
Mr. James C. Walter; Flower Mound, Texas; Case Number: D-35587
Violation: Mr. Walter used the designation "P.E." after his name and performed engineering work during a time when his license was expired. Because he no longer desired to practice engineering in Texas and to resolve a pending disciplinary case, Mr. Walter signed a Voluntary Surrender of his license which resulted in the revocation of his license.
Section/Rule Violated:  Sections 1001.004(c)(2) (A) & (B) and 1001.301(a) of the Act and Board Rules 137.7(a) and 137.63(a).
Resolution: Mr. Walter’s Texas engineer license was revoked effective May 21, 2015.

Mr. Humberto A. Garcia; Houston, Texas; Case Number: D-35267
Violation: Mr. Garcia falsely certified that he had completed the required Continuing Education credits on his last license renewal when he had not done so and failed to timely respond to Board inquires. Because he no longer desired to practice engineering in Texas and to resolve a pending disciplinary case, Mr. Garcia signed a Voluntary Surrender of his license which resulted in the revocation of his license.
Section/Rule Violated:  137.17(c), (m) and (p) (2) and (3), and 137.51 (c).
Resolution: Mr. Garcia’s Texas engineer license was revoked effective May 21, 2015.

Mr. Thomas H. Eikel, P.E.; Houston, Texas; Case Number: D-35576
Violation:  Mr. Eikel signed and sealed engineering work certifying that the work had been completed as designed which was incorrect and thus misleading.
Section/Rule Violated: 137.57(b) (3).
Resolution: One year probated suspension, and a $1,000.00 administrative penalty.  

Mr. Scott Jacobs; Las Vegas, Nevada; Case Number: D-32235
Violation: Mr. Jacobs, during a time when he was licensed to practice engineering in Texas, prepared engineering design work for the Dallas Cowboys Training Facility which subsequently collapsed during a violent weather event severely injuring several Dallas Cowboys personnel. The Board alleged several deficiencies in the engineering design, all of which Mr. Jacobs vigorously disputed. However, without admitting any wrongdoing, but desiring to resolve and end this disputed matter, Mr. Jacobs and the Board agreed to the terms and entry of an Agreed Board Order.
Section/Rule Violated:  The Board alleged violations of Board Rules137.55 (b), 137.57 (b) (3), 137.63 (b) (1) and 137.63 (b) (6).
Resolution: Mr. Jacobs agreed to pay to the Board $3,000.00 for the cost of the investigation and prosecution of the case, as well as a $50,000.00 administrative penalty to the Board should Mr. Jacobs be found to have violated any states engineering rules or standards which involve the health, welfare or safety of such state’s public during the ten year period following the entry of the Agreed Board Order and further agreed to not apply for licensure in Texas for five years following the entry of the Agreed Board Order.

Mr. Edward L. Sample, P.E.; Corpus Christi, Texas; Case Number: D-35571
Violation:  Mr. Sample signed and sealed a Windstorm Inspection Form, WPI-2-BC-5 engineering work certifying that a roof repair meet all requirements to be certified as eligible for insurance through the Texas Windstorm Insurance Association. However, upon inspection by the Texas Department of Insurance, it was determined that the work had not been completed as designed and was not eligible for certification and thus Mr. Sample’s certification was misleading.
Section/Rule Violated: 137.57(b) (3).
Resolution: Formal Reprimand, and a $1,950.00 administrative penalty. 

Mr. William R. Edwards, III, P.E.; Dallas, Texas; Case Number: D-35614
Violation:  Mr. Edwards failed to notify in a timely manner (with 30 days as required by Board Rule 137.5 (c)) of his conviction for misdemeanor offenses and on his license renewal indicated he either had no convictions or had reported any such convictions to the Board which statement was false.
Section/Rule Violated: 137.5 (c) and 137.63(a).
Resolution: Formal Reprimand, and completion within six months of an engineering ethics course. 

Mr. John D. Johns, P.E.; Evergreen, Colorado; Case Number: D-35621
Violation:  Mr. Johns failed to properly seal engineering work for a Texas project by allowing his seal to be placed on repetitive plan sheets used by a builder to build multiple different houses.
Section/Rule Violated: 137.33 (f) and (n) and 137.35.
Resolution: A $500.00 administrative penalty, and completion within six months of an engineering ethics course. 

Atlas Foundation Repair; Houston, Texas; Case Number: B-35566
Violation: The Respondent applied the engineer seal and signature of a licensed Texas engineer to foundation plans without the engineer’s knowledge or permission.
Section/Rule Violated: Sections 1001.004 (c) (2), 1001.301 (a), and 1001.405 of the Act  and Board Rules  137.37 (b) and 137.77 (a), and (d).
Resolution: A Cease and Desist Order and a $3,900.00 administrative penalty.

OSG Materials Consultants; Houston, Texas; Case Number: B-35620
Violation: The Respondent’s website exhibited the words "Materials Engineering" and "Welding Engineering" which represented that the Respondent was able to offer engineering services to the public of Texas when Respondent was not registered with the Board as an engineering firm nor did it have a license Texas professional engineer as a full time employee.
Section/Rule Violated: 1001.405 of the Act  and Board Rule and 137.77 (a), and (d).
Resolution: A Cease and Desist Order and a $3,000.00 administrative penalty.

DMA Sports Design Group; Lubbock, Texas; Case Number: B-35491
Violation: The Respondent applied the engineer seal and signature of a licensed Texas engineer to engineering plans without the engineer’s knowledge or permission.
Section/Rule Violated: Sections 1001.004 (c) (2), 1001.301 (a), and 1001.405 of the Act and Board Rules  137.37 (b) and 137.77 (a), and (d).
Resolution: A Cease and Desist Order and a $2,800.00 administrative penalty.

Mr. Phillip A. Townsend, AIA; Wichita Falls, Texas; Case Number: B-35092
Violation: Mr. Townsend, a registered architect, practiced engineering by signing and sealing with his Architect’s seal engineering work on a parking lot design for storm water detention facilities. Mr. Townsend declined to sign any order with the Board, and, following a full contested hearing at the State Office of Administrative Hearings, the Administrative Law Judge found that Mr. Townsend had practiced engineering without a license and recommended a Cease and Desist Order and a $2,000 administrative penalty. The Board accepted this recommendation.  However, Mr. Townsend still has the right to appeal this adverse finding and Board Order to the District Court in Travis County, Texas.
Resolution: Cease and Desist Order and a $2,000.00 administrative penalty.