TEXAS BOARD OF PROFESSIONAL ENGINEERS
August 28, 2014, Board Meeting Disciplinary Actions

Mr. Robert Lynn Spaw; Palacios, Texas; Case Number: D-34673
Violation: Mr. Spaw accepted employment and compensation from a homeowner to perform a windstorm inspection of the homeowner’s residence at a time when he was not an appointed windstorm inspector by the Texas Department of Insurance.  Despite repeated requests from the homeowner, Mr. Spaw refused to provide a refund and ultimately refused to communicate with the client. In addition, Mr. Spaw 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. Spaw’s license. This case is not yet final as Mr. Spaw can appeal the Board’s Order to the courts of Texas.
Section/Rule Violated: 137.51(c), 137.57 (b) (1), (2) and (3), 137.63(a), 137.63 (b) (4) and (b) (5).
Resolution:  Mr. Spaw’s Texas engineer’s license was revoked effective August 28, 2014, subject only to his timely filing an appeal.
 
Mr. Jason Seaverson; Fuquay Varina, North Carolina; Case Number D-35069
Violation: Mr. Seaverson was disciplined by another state for performing engineering work in that state while his engineer license was expired. This involves Rule 137.65 which 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 case and because he no longer desired to hold a Texas engineer license, Mr. Seaverson agreed to the voluntarily surrender and revocation of his Texas professional engineer license.
Section/Rule Violated:  137. 65 (b)
Resolution:  Mr. Seaverson’s Texas engineer’s license was revoked effective August 28, 2014.

Mr. Ricky D. Herring, P.E.; Ft. Worth, Texas; Case Number: D-35268
Violation:  Mr. Herring 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. Herring could not produce any documentation of courses taken and admitted that he had taken none.
Section/Rule Violated:  137.17 (p) (2), and 137.17 (p) (3).
Resolution: Two year probated suspension, and a $4,000.00 administrative penalty.

Mr. Victorio B. Tan, P.E.; Spring, Texas; Case Number: D-34694
Violation:  Mr. Tan 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. Tan could not produce any documentation of courses taken and stated that since he was over 65, he thought he was exempt.
Section/Rule Violated:  137.17 (p) (2), and 137.17 (p) (3), 137.51 (c) and 137.63(a).
Resolution: Two year probated suspension, a $2,100.00 administrative penalty.
Mr.  Jameel Z. Hattab, P.E.; Houston, Texas; Case Number D-35282
Violation: Mr. Hattab failed to timely notify the Board of a criminal 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), 137.57(c) and (d), and 137.63 (a), 137.63 (b) (4) and (b) (5).
Resolution: One year probated suspension, and a $3,380.00 administrative penalty and completion within six months of an engineering ethics course.

Mr. Paul Adeyeoluwa, P.E.; Mesquite, Texas; Case Number: D-34906
Violation:  Mr. Adeyeoluwa was contacted by another engineer whose personal engineer license was suspended and asked to seal work done by the first engineer. After being assured by the first engineer that such action was legal since Mr. Adeyeoluwa was working part-time for the first engineer, he did so. However, the first engineer’s firm registration was inactive, although Mr. Adeyeoluwa mistakenly thought it was active, and therefore the registration number could not legally be used. Further, since Mr. Adeyeoluwa was only working part-time (as work was presented) and was not a full-time employee, he could not seal the work of the first engineer.
Section/Rule Violated:  137.33 (n), 137.57(b) (3), 137.63(b) (3), and 137.63(c) (1).
Resolution: One year probated suspension, and a $1,300.00 administrative penalty and completion within six months of an engineering ethics course.

Mr.  Andrew J. Osborne, Jr., P.E.; Duncanville, Texas; Case Number D-34697
Violation: Mr. Osborne failed to timely notify the Board of a criminal 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 August 28, 2014, and completion within six months of an engineering ethics course.

Mr. Sam C. Joe, P.E.; Ft. Worth, Texas; Case Number D-35076
Violation: Mr. Joe signed and sealed engineering plans but failed to put his firm title block or registration number on the plans.
Section/Rule Violated:  137.33 (n) and 137.77(a).
Resolution:  Formal Reprimand effective August 28, 2014, a $975.00 administrative penalty and completion within six months of an engineering ethics course.

Pro Select Foundation Repairs; Arlington, Texas; Case Number B-35150
Violation: Pro Select submitted foundation repair plans 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 on those plans.
Section/Rule Violated: Section 1001.004(c) (2) (A) and (C), 1001.301(a) and (c), 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.
Mr. Stephen L. Butler, AIA; Canyon, Texas; Case Number B-34815
Violation: Mr. Butler signed and sealed numerous plan sheets for a school project which contained sheets that involved engineering work. Although Mr. Butler believed that engineers would sign and seal those sheets, this did not occur, and the plans were released with only his architect’s seal.
Section/Rule Violated: Section 1001.004(c) (2) (A), 1001.301(a), 1001.405 of the Act, and Board Rules 137.77 (a), and (d).
Resolution:  $2,600.00 administrative penalty.

Dr. Curtis L. Lewis, PhD.; Arlington, Texas; Case Number E-35262
Violation: Dr. Lewis caused and/or allowed to be prepared a website and business cards/office stationery listing himself as a "P.E." able to perform engineering services 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 $3,250.00 administrative penalty.

Mr. Adam Jones; Dallas, Texas; Case Number B-34834
Violation: Mr. Jones allowed and/or caused to be prepared numerous design/plan sheets for electrical engineering work bearing a rendition of the Texas engineer seal of a licensed Texas P.E. who had not done the work or given any person permission to use a likeness of her engineer seal. The plans were submitted to the City of Dallas for permitting purposes
Section/Rule Violated: Section 1001.004(c) (2) (A) and (C), 1001.301(a) and (c), 1001.405 of the Act, and Board Rules 137.33(a), 137.37 (b), and 137.77 (a), and (d).
Resolution: A Cease and Desist Order and a $2,600.00 administrative penalty.

Time Marine; Houston, Texas; Case Number B-35211
Violation: Time Marine accepted, performed and provided engineering services for eight Texas engineering projects at a time when it did not have a current firm registration or a currently licensed Texas P.E. as a full-time employee.
Section/Rule Violated: Section 1001.405 and Board Rules 137.37 (b), and 137.77 (a), (d) and (e).
Resolution: A Cease and Desist Order and a $2,600.00 administrative penalty.

Mr. David Kizer; Carrollton, Texas; Case Number B-34944
Violation: Mr. Kizer altered retaining wall plans drawn by a Texas P.E. by substituting the name of a new and different project onto those plans and submitting the altered plans to building officials. Mr. Kizer was not licensed by the Board nor was his firm registered with the Board.
Section/Rule Violated: Section 1001.004(c) (2) (A) and (C), 1001.301(a) and (c), 1001.405 of the Act, and Board Rules 137.37 (b), and 137.77 (a) and (d).
Resolution: A $2,680.00 administrative penalty.

 Mr. Joel Boado; Missouri City, Texas; Case Number B-35096
Violation: Mr. Boado allowed and/or caused to be prepared numerous design/plan sheets for engineering work bearing a rendition of the Texas engineer seal of a licensed Texas P.E. who had not done the work or given any person permission to use a likeness of his engineer seal. The plans were submitted to the City of Texas City for permitting purposes
Section/Rule Violated: Section 1001.004(c) (2) (A) and (C), 1001.301(a) and (c), 1001.405 of the Act, and Board Rules 137.33(a), 137.37 (b), and 137.77 (a), and (d).
Resolution: A Cease and Desist Order and a $2,600.00 administrative penalty.

Mr. Mark Adas; Gilmer, Texas; Case Number B-35257
Violation: Mr. Adas caused and/or allowed to be prepared a resume and business cards listing himself as a "P.E." when he was not licensed by the Board as a professional engineer although he did hold a professional engineer license in another state.
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 $2,500.00 administrative penalty.

Spectrum Engineering; Amarillo, Texas; Case Number B-34759
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.
Section/Rule Violated:  Section 1001.405 and 137.77 (a), (d) and (e).
Resolution: A $750.00 administrative penalty.

Bruno Maciejeski dba Big M Constructors; Houston, Texas; Case Number B-34983
Violation: During a period of time when the firm’s registration was expired the firm offered to perform and did actually perform engineering work for the public of Texas.
Section/Rule Violated:  Section 1001.405 and 137.77 (a), (d) and (e).
Resolution: A $750.00 administrative penalty.

The Brandt Companies, LLC; Carrollton, Texas; Case Number B-34918
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.

Berg-Oliver Associates, Inc.; Houston, Texas; Case Number B-35188
Violation: During a period of time when the firm did not have a full time licensed engineer employee the firm offered to perform engineering work for the public of Texas through its website.
Section/Rule Violated:  Section 1001.405 and 137.77 (a), (d) and (e).
Resolution: A $250.00 administrative penalty.

Kastel Consulting; Austin, Texas; Case Number B-34945
Violation: During a period of time when the firm’s registration had 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.

A-Tec Engineers and Contractors; Friendswood, Texas; Case Number B-34984
Violation: During a period of time when the firm’s registration had 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.

SpecPro, Inc., Inc.; San Antonio, Texas; Case Number B-34824
Violation: During a period of time when the firm did not have a full time licensed engineer employee the firm offered to perform engineering work for the public of Texas through its website.
Section/Rule Violated:  Section 1001.405 and 137.77 (a), (d) and (e).
Resolution: A $250.00 administrative penalty.