TEXAS BOARD OF PROFESSIONAL ENGINEERS
Board Meeting Disciplinary Actions
Cases listed below are in a non-expired action and will remain posted until the expiration.
Case Number: D-32517; Robert Alan Walz; Utica, Michigan. Violation: It was alleged that Mr. Walz practiced engineering on a project in Texas during a period when his Texas engineer license was in an expired status; that he had changed employers and failed to notify the Board of that change; and that he failed to promptly respond to the Board inquiry regarding these two issues. Resolution: Understanding that the Board would revoke his Texas engineer license, Mr. Walz signed an affidavit of voluntary surrender of this Texas engineer license. The Board accepted Mr. Walz's signed affidavit and revoked his Texas engineer license.
Case Number: D-32686; Enrique Isidoro Tabak, Toronto, Canada. Violation: It was alleged that Mr. Tabak, who is no longer licensed in Texas as a professional engineer, signed and affixed his Texas engineer seal, when he had a current Texas engineer license, to design plans for a manufactured covering system constructed over a sport practice field in Texas and certified that the structure was designed and manufactured in a careful and diligent manner. This structure later collapsed during a severe storm event injuring several people. A review of the original design documents prepared by Mr. Tabak, indicated that several design aspects of the structure had not been thoroughly analyzed prior to manufacturing and construction and did not appear to be in compliance with various manufacturing, design and building codes. Therefore, it appears that, when licensed in Texas as a professional engineer, Mr. Tabak signed and sealed design plans that were not prepared in a careful and diligent manner and that his certification was misleading. Resolution: Cease and desist from practicing engineering in Texas and from affixing his Texas engineer seal for any project in Texas until such time as he should become re-licensed in Texas as a professional engineer and a $12,040.00 administrative penalty. Posted until proof of competence is received.
Case Number: D-30996, Mr. Horacio Castillo, Kingsville, Texas. Violation: It was alleged that Mr. Castillo signed and sealed WPI-2 forms that were submitted to TDI for 16 buildings on the campus of Raymondville High School, Raymondville, Texas, certifying that the re-roofing and/or the entire structures complied with cited windstorm codes. Subsequent inspections of the building by TDI found conditions that indicated the structures did not comply with the cited windstorm codes; thus, TDI determined the buildings were not eligible for windstorm and hail insurance. TDI requested that Mr. Castillo submit additional information and/or documentation to support his certification; however, Mr. Castillo did not respond to the TDI requests. Later, Mr. Castillo acknowledged that he should have performed calculations which he did not do prior to certifying the structures. Therefore, it appeared that the WPI-2 forms signed and sealed by Mr. Castillo were misleading and that he failed to perform standard and customary inspection and/or review services as a professional engineer indicating a lack of care and diligence. Resolution: As a result of a formal hearing at the State Office of Administrative Hearings and based on Mr. Castillo's past history of disciplinary actions against him by the Board, the Board issued a Final Order to Mr. Castillo revoking his Texas engineer license.
Case Number: D-32671; Mr. Andrew Gonzales; San Antonio, Texas. Violation: It was alleged that Mr. Gonzales was incarcerated as a result of a felony conviction. Resolution: Revocation of his Texas engineer license as required by Texas Occupations Code, Section 53.021(b) and Board Rule 139.43(a).
Case Number: D-31639; Mr. Robert Steven Jones, P.E.; Alvin, Texas. Violation: Mr. Jones was incarcerated as a result of a felony conviction. Resolution: Revocation of his Texas engineer license as required by Texas Occupations Code, Section 53.021(b) and Board Rule 139.43(a).
Case Number: D-30856; Mr. Robert P. Chi, P.E. (Inactive); Olympia Fields, Illinois. Violation: The Wisconsin Department of Regulation & Licensing (Wisconsin Board) revoked Mr. Chi's Wisconsin engineer license as a result of an investigation and civil litigation regarding the collapse of a building in Lomira, Wisconsin, which led to the death of an employee in the building and in excess of $100,000,000.00 in damages. The investigation and litigation determined that Mr. Chi's calculations and design of a system building support system was deficient. Based upon the actions taken against Mr. Chi by the Wisconsin Board, Mr. Chi's Texas engineer license was also subject to censure. Resolution: The Texas Board refuses to renew Mr. Chi's Texas engineer license.
Case Number: D-30040; Mr. Eshraghollah Vatani, P.E.; Houston, Texas. Violation: It was alleged that Mr. Vatani prepared, signed and sealed electrical engineering plans which contained inaccurate load capacities and breaker sizes indicating a lack of competency, care and diligence that could lead to the endangerment of the public. It was also alleged that the plans did not bear Mr. Vatani's firm's name; thus, creating a misleading impression that another firm was responsible for the engineering designs. Resolution: Formal Reprimand, a $500.00 administrative penalty and an order to cease and desist from the practice of electrical engineering until such time as he demonstrates to the Board that he is competent in electrical engineering. Posted until proof of competence is received.
Case Number: D-30456; Mr. Robert Guy Boling, P.E.; Wichita, Kansas. Violation: The Oklahoma State Board for Professional Engineers and Land Surveyors (Oklahoma Board) suspended Mr. Boling's Oklahoma engineer license for five years and assessed him a $2,500.00 administrative penalty for signing and affixing his Oklahoma engineer seal to design plans for Oklahoma projects which were not prepared by him nor under his direct supervision and for doing engineering work in Oklahoma when his business did not have a certificate of authority to do engineering business in Oklahoma. The Oklahoma Board's action was also based on Mr. Boling falsely certifying on his Oklahoma engineer license renewal form in August 2007, that he had not been disciplined by another state when records showed that he was ordered in February 2007, by the Kansas Board of Engineering (Kansas Board), to cease and desist from engaging in the practice of engineering in Kansas and was assessed a $1,370.40 administrative penalty for signing and sealing engineering plans for a Kansas project that were not prepared by him nor under his direct supervision. Based upon the actions taken against Mr. Boling by the Oklahoma and Kansas Boards, Mr. Boling's Texas engineer license was also subject to censure. Resolution: The Board refuses to renew his Texas engineer license.
Case Number: D-30579; Mr. Isidro Garza; Forrest City, Arkansas. Violation: Mr. Garza was incarcerated as a result of a felony conviction. Resolution: Revocation of his Texas engineer license as required by Texas Occupations Code, Section 53.021(b) and Board Rule 139.43(a).
Case Number: D-30636; Mr. Weston Shackelford Yonge; Austin, Texas. Violation: Mr. Yonge was incarcerated as a result of a felony conviction. Resolution: Revocation of his Texas engineer license as required by Texas Occupations Code. Section 53.021(b) and Board Rule 139.43(a).
Case Number: D-30547; Mr. Richard Franklin Keelan, P.E.; San Leon, Texas. Violation: It was alleged that Mr. Keelan issued a soils report which was to be used as a basis to design a foundation in which he mentioned the use of piers; however, the report failed to contain sufficient information such as pier capacity and loading capacity to allow for an adequate foundation design. Therefore, it appeared that his report was not in keeping with generally accepted engineering standards or procedures; was not prepared in a competent, careful and diligent manner; and tended to create a misleading impression regarding the type of foundation system intended to be used which reflected that he was not acting as a faithful agent of his client.
Resolution: Three year probated suspension and a order to cease and desist from future offers to perform or the actual performance of geotechnical engineering services until he demonstrates competence in geotechnical engineering by passing the National Council of Examiners for Engineering and Surveying Principals and Practice Civil Examination with the Civil depth examination in Geotechnical Engineering.
Mr. Robert Edward Brady, Middleville, MI - File D-1158 - Mr. Brady's engineer license was revoked in North Carolina for performing engineering outside his area of expertise, sealing work not performed by him or under his direct supervision, and failure to seal other related engineering documents. Mr. Brady also signed a Consent Order for the revocation of his license in South Carolina for his actions in North Carolina. The Texas Board accepted a Consent Order signed by Mr. Brady for the revocation of his Texas license based on his action in North Carolina. Disciplinary action taken in March 10, 2000 Board meeting.
Mr. Richard Dean Zimmerman, P.E., Middleton, Wisconsin - File D-1425 - The Colorado Board of Registration for Professional Engineers and Professional Land Surveyors issued Mr. Zimmerman a Stipulation and Final Agency Order which required him to complete an engineering ethics course, comply with Colorado statutes, regulations and rules of conduct governing engineering practice and assessed him a $750.00 penalty for failing to meet generally accepted standards of engineering on three residential foundation projects by relying on data provided to him by his clients. Based upon the action taken in Colorado, Mr. Zimmerman's Texas engineer license was also subject to censure; therefore, the Board accepted a Consent Order signed by Mr. Zimmerman to Refuse to Renew his Texas engineer license. Disciplinary action taken in October 9, 2003 Board meeting.
Mr. Jose Ulpiano Barnes, Dallas, Texas - File D-1384 - It was discovered that Mr. Barnes was incarcerated in a Federal Correction Institution under a sentence of 16 months for a felony conviction. The incarceration as a result of a felony conviction requires that the Board revoke Mr. Barnes Texas professional engineer license as stipulated in Texas Civil Statutes, Article 6252-13c, Section 4(e). Therefore, the Board accepted a Consent Order signed by Mr. Barnes to revoke his Texas engineer license. Disciplinary action taken in January 9, 2003 Board meeting.