YVGENIYA G. SOKOL, )
vs. ) Case No. 97-1760
DEPARTMENT OF BUSINESS AND ) PROFESSIONAL REGULATION, BOARD ) OF PROFESSIONAL ENGINEERS, )
Respondent. )
Pursuant to notice, a formal hearing was held in this case on September 10, 1997, by video-conference between Tallahassee and Tampa, Florida, before Carolyn S. Holifield, Administrative Law Judge, Division of Administrative Hearings.
St. Petersburg, Florida 33731-1689
For Respondent: Edwin A. Bayo
Assistant Attorney General Office of the Attorney General The Capitol, Plaza 01 Tallahassee, Florida 32399-1050
Whether Petitioner is eligible for licensure by endorsement as a professional engineer and/or waiver of Part I of the engineering licensing examination.
Petitioner, Yevgeniya G. Sokol (Petitioner), is an applicant for licensure as a professional engineer. Applicants seeking such licensure must pass two examinations. The first examination, the Fundamentals of Engineering Examination (Fundamentals Examination), is usually taken either in the applicant's last year in engineering school or shortly after graduation therefrom. The Fundamentals Examination is also known as the Engineer Intern Examination, or the E.I.T. (Engineer-In- Training) Examination. The second examination is the Principles and Practice Examination and is usually taken after passing the Fundamentals Examination and acquiring four years of verifiable engineering experience.
On July 22, 1996, Petitioner filed an application to take the Fundamentals Examination, but also sought to have this examination requirement waived. On or about January 27, 1997, Respondent, the Department of Business and Professional Regulation (Department), Board of Professional Engineers (Board/Respondent), notified Petitioner that she was approved to take the Fundamentals Examination. However, Petitioner's request to waive the Fundamentals Examination was denied because the Board determined that the examinations that Petitioner had taken in Russia would not substitute for the examination required in Florida. Petitioner challenged the decision and, through
counsel, filed a Petitioner for Formal Proceedings. The matter was forwarded to the Division of Administrative Hearings on March 31, 1997, for assignment of an administrative law judge.
At hearing, Petitioner testified on her own behalf and presented the testimony of one witness, Oscar E. Olsen, a professional engineer. Petitioner offered six exhibits, five of which were admitted into evidence. Respondent presented the testimony of one witness, Dr. Mel Anderson, a professional engineer and a member of the Board. Respondent offered and had one exhibit admitted into evidence.
A transcript of the proceeding was filed with the Division of Administrative Hearings on September 24, 1997. At the conclusion of the hearing, and at the request of the parties, the time set for filing proposed recommended orders was more than ten days after the transcript was filed. Thereafter, pursuant to an agreed motion, the parties were granted an extension of time in which to file proposed recommended orders. Both parties timely filed proposed findings of fact and conclusions of law under the extended time frame.
From 1969 through 1974, Petitioner attended the Lipetsk Branch of the Moscow Institute of Steel and Alloys. In 1974, Petitioner graduated from the Lipetsk Polytechnical Institute (Institute) in Russia, with a degree in industrial and civil engineering.
The degree in civil engineering earned by Petitioner is equivalent to a bachelor of science degree in civil engineering in the United States.
Upon graduation from the Institute, Petitioner commenced her professional employment as an engineer on August 30, 1974, at the LIPTSKGRAZHDANPROEKT Design Institute. In January 1976, Petitioner was employed as a professional engineer at the State Design Institute DNEPRPROEKKTSTALKONSTRUKSIYA (DNEPR), where she was continuously employed until leaving the Soviet Union in December 1993.
There are no specific licensing or registration requirements in Russia with respect to engineers. Therefore, after earning a degree in industrial and civil engineering, Petitioner could work as an engineer in Russia without taking any professional examination. However, in 1979, Petitioner took an examination in Russia that allowed her to sign her own drawings and calculations.
During Petitioner's tenure at the DNEPR, she achieved the status of Senior Engineer in 1986; was promoted to the position of Category II Engineer for Steel Structures in 1988; was promoted to the post of Category I Engineer for Steel Structures in 1990; and was elevated to the position of Leading Engineer in 1991.
To achieve the status of Category II Engineer for Steel Structures and Category I Engineer for Steel Structures at DNEPR,
Petitioner had to take an examination in 1988 and in 1990, respectively. The promotion to each of these positions was predicated upon Petitioner's passing these examinations and demonstrating expertise in the areas of economics, chemistry, mathematics, physics, building materials, corrosion prevention, resistance of materials, and construction mechanics. As a result of passing the examinations in 1988 and 1990, Petitioner was not only promoted, but also received salary increases.
Petitioner believes that the two examinations she took in Russia in 1988 and in 1990, while working at the DNEPR were substantially equivalent to the Fundamentals Examination. However, no evidence was presented to support this claim.
The Fundamentals Examination is one component of the engineering licensing examination, and is designed to assess whether an individual is qualified to practice in this state as an engineer intern. This examination is usually taken either in the applicant's last year in engineering school or shortly after graduation. With regard to format, the Fundamentals Examination is an eight-hour examination and consists of 120 multiple-choice questions.
The Principles and Practice Examination is the second part of the engineering licensing examination and is taken after successful completion of the Fundamentals Examination.
Oscar E. Olsen, a structural engineer and owner of O.E. Olsen and Associates, a structural engineering firm, is currently
Petitioner's employer. Mr. Olsen, who is generally familiar with the Fundamentals Examination, testified that the list of subjects covered on the two examinations taken by Petitioner in 1988 and 1990, coincide with the subject matter on the Fundamentals Examination. Mr. Olsen further testified that it appeared to him that the two examinations taken by Petitioner were comparable to the Fundamental Examinations required in Florida.
Notwithstanding his testimony that the exams taken by Petitioner are substantially equivalent to the Fundamentals Examination, Mr. Olsen admitted that he has never seen or reviewed the examinations taken by Petitioner while she was in Russia.
It is impossible to render a reasonable opinion as to whether the two examinations taken by Petitioner in Russia are substantially equivalent to the Fundamentals Examination, where the only information provided with regard to the former is a list of subject areas covered. Such a list gives no indication of the depth and specific content of the subject matter on the examinations; the difficulty of the examinations; the passing scores; the number and format of the questions; and the length of the examinations.
CONCLUSIONS OF LAW
The Division of Administrative Hearings has jurisdiction over the parties and the subject matter of this proceeding. Section 120.57(1), Florida Statutes.
The Board of Professional Engineers is charged with the general administration and responsibility for the licensure of applicants as professional engineers in the state of Florida. Section 471.008, Florida Statutes.
Section 471.015(1), Florida Statutes, mandates that the Department license any applicant the Board certifies as qualified to practice engineering and who has successfully completed the licensing examination.
Petitioner seeks to qualify for licensure by endorsement or waiver of the Fundamentals Examination pursuant to Section 471.015(3)(a) and/or (5)(a)1., Florida Statutes, respectively. Therefore, in this proceeding, Petitioner bears the burden of demonstrating compliance with all statutory criteria for such licensure or waiver. Balino v. Department of Health and Rehabilitative Services, 348 So. 2d 349 (Fla. 1st DCA 1977) and Florida Department of Transportation v. J.W.C. Co., 396 So.2d 778 (Fla. 1st DCA 1981).
The prerequisites for taking the engineering licensing examination are established in Section 471.013(1), Florida Statutes. That section provides in relevant part:
Examinations; prerequisites.--
(1)(a) A person shall be entitled to take an examination for the purpose of determining whether he is qualified to practice in this state as an engineer if the person is of good moral character and:
Is a graduate from an approved engineering curriculum of 4 years or more in a school, college, or university which has been approved by the board and has a record of four years of active
engineering experience of a character indicating competence to be in responsible charge of engineering;
* * *
A person shall be entitled to take an examination for the purpose of determining whether he is qualified to practice in this state as an engineer intern if he is in his final year of, or is a graduate of, an approved engineering curriculum in a school, college, or university approved by the board.
A person shall not be entitled to take the principles and practice part of the examination until that person has successfully completed the fundamentals examination.
Based on the above-quoted provision, a person is entitled to take the Fundamentals Examination for the purpose of determining whether if that person is qualified to practice in this state as an engineer if the person: (1) is of good moral character; (2) is a graduate from an approved engineering curriculum of four years or more in a school, college, or university which has been approved by the Board; and (3) has four years active engineering experience. Section 471.013 (1)(a)1., Florida Statutes.
The examination required for licensure as an engineer consists of two components, the Fundamentals Examination and the Principles and Practice Examination. The former may be taken prior to or after graduation from an approved engineering program and is used to determine whether the applicant is qualified to practice engineering in this state. Unless otherwise exempt, an applicant is entitled to take the Principles and Practice Examination upon successful completion of the Fundamentals
Examination.
While the legislature has prescribed that certain examination requirements are a prerequisite to licensure as an engineer, it has also provided limited exceptions. Pursuant to Section 471.015(3) and (5), Florida Statutes, all or part of the examination requirements are waived for qualified applicants who come with in the narrow parameters of those provisions.
Section 471.015(3), Florida Statutes, provides in relevant part:
The board shall certify as qualified for a license by endorsement an applicant who:
Qualifies to take the examination as set forth in Sec. 471.013, has passed a United States national, regional, state, or territorial or foreign national licensing examination that is substantially equivalent to the examination required by Sec. 471.013, and has satisfied the experience requirements set forth in s. 471.013; .
. .
To come within the purview of Section 471.015(3)(a), Florida Statutes, it must be established that the applicant: (1) qualifies to take the examination prescribed in Section 471.013, Florida Statutes; (2) has successfully completed a United States national, regional, state, or territorial or foreign national licensing examinations that is substantially equivalent to the examination required by Section 471.013; and (3) has satisfied the experience requirements in Section 471.013, Florida Statutes.
There is no dispute that Petitioner qualifies to take the Fundamentals Examination and that she has satisfied the
educational and experience requirement in Section 471.013(1), Florida Statutes. However, in order to come within the parameters of the exception, Petitioner must demonstrate that she has successfully completed a United States national, regional, state, or territorial or foreign national licensing examination.
At hearing, no evidence was presented to establish that the examinations taken in Russia were national licensing examinations. Furthermore, even if it is assumed that these examinations constitute a national licensing examination, Petitioner has not established that those examinations are substantially equivalent to the examinations required by Section 471.013, Florida Statutes. In absence of such proof, Petitioner is ineligible for licensure by endorsement under Section 471.015(3)(a), Florida Statutes.
Section 471.015(5)(a), Florida Statutes, provides a second exception to examination requirement. That section provides in relevant part:
(5)(a) The board shall deem that an applicant who seeks licensure by endorsement has passed an examination substantially equivalent to part I of the engineering examination when such applicant:
Has held a valid professional engineer's registration in another state for fifteen years and has had 20 years of continuous professional-level engineering experience; . . . (emphasis supplied.)
Under the above-quoted provision, an applicant who seeks licensure by endorsement is exempt from Part I, the Fundamentals Examination, only if the specified criteria are met.
First, the applicant must have held a valid registration is another state for fifteen years. Second, the applicant must have twenty years of continuous professional level engineering experience. An applicant who satisfies both of these requirements shall be deemed to have passed an examination substantially equivalent to the Fundamentals Examination.
Section 471.015(5)(a), Florida Statutes. Accordingly, this part of the examination is waived for such an applicant.
Petitioner asserts that she meets the two requirements listed in 471.015(5)(a)1., Florida Statutes, in that she has held a valid professional engineer's registration in Russia for more than fifteen (15) years and has had twenty (20) years of continuous professional engineering experience. Based on these assertions, Petitioner contends she is eligible for waiver of the Fundamental Examination.
Notwithstanding Petitioner's assertions to the contrary, she does not come within the exception provided in Section 471.015(5)(a)1., Florida Statutes. To qualify under this provision, Petitioner must demonstrate that she meets both statutorily prescribed requirements.
The undisputed evidence in this case established that there are no specific licensing or registration requirements in Russia. Hence, Petitioner could not be registered in that country. Next and more significant, however, is the fact that Russia is not another state. Therefore, even if Petitioner had
established that she held a valid professional engineering registration in Russia, that would not satisfy the requirement that such a registration be held in "another state."
The term "another state" is not defined in Section 471.015, Florida Statutes, or anywhere else in that chapter. However, in construing this term, guidance is provided by reviewing and comparing other provisions of Section 471.015,
The term "another state" appears in two separate provisions of Section 471.015, Florida Statutes. It first appears in Section 471.015(3)(a), Florida Statutes, which authorizes the Board to certify as qualified for licensure by endorsement an applicant who:
Holds a valid license to practice engineering issued by another state or territory of the United States, if the criteria for issuance of the license were substantially the same as the licensure criteria that existed in this state at the time the license was issued. (Emphasis supplied.)
Under the above-quoted provision, the Board is authorized to certify for licensure by endorsement any applicant who "holds a valid license to practice engineering issued by another state or territory of the United States. . . ." The express language used in this Section 471.015(3)(b), Florida Statutes, makes it clear that the reference therein to "another state" means another state of the United States.
The term "another state" next appears in Section 471.015(5)(a)1., Florida Statutes. This provision authorizes the Board to waive the Fundamentals Examination for an applicant who
has held valid professional engineer's registrations "in another state for 15 years." Accordingly, the only registrations statutorily prescribed for this purpose are those that were issued in "another state."
When Sections 471.015(3)(b) and (5)(a)1., Florida Statutes, are read in pari materia, it is clear that the legislature did not intend the term "another state" as used in the former provision to include professional registrations from other countries. Both of these provisions deal with licensure by endorsement for applicants who hold or have held valid professional engineer's licenses or registrations in places other than Florida.
Pursuant to Sections 471.015(3)(b) and (5)(a)1., Florida Statutes, the Board is authorized to acknowledge and recognize such credentials in Florida's licensing process. However, Section 471.015(3)(b), Florida Statutes, specifies that the only valid professional licenses that are acceptable for licensure by endorsement are those "issued by another state or territory of the United States." In instances where an applicant "has held a valid professional engineer's registration in another state for fifteen years," Section 471.015 (5)(a)1., Florida Statutes, authorizes the Board to waive the Fundamentals Examination. This reference to "another state" in Section 471.015(5)(a)1., Florida Statues, refers back to the same term used in Section 471.015(3)(b), Florida Statutes, which explicitly
says "another state . . . of the United States."
The conspicuous absence of any language referring to foreign registrations makes it apparent that such registrations are not intended to be included. This is especially true where, in another context within the same section and as discussed in paragraph 22 above, a specific reference is made to "foreign" national examinations. See Section 471.015(3)(a), Florida Statutes.
To include Russia, another country, as "another state" within the meaning of Section 471.015(5)(a)1., Florida Statutes, is inconsistent with and disregards other relevant provisions of Section 471.015, Florida Statutes.
Further support for this construction of "another state" is found in Department of Revenue v. G.R. Swan Enterprises, Inc., 506 So. 2d 455 (Fla. 1st DCA 1987). In that case, the court construed a statutory provision that contained the term "another state." While the statute construed in that case, Section 212.06(8), Florida Statutes, addressed an exemption from use tax, the opinion in that case is instructive in the instant case. That section exempted from use tax "tangible personal property used in another state for six months or longer." Citing Wanda Marine v. Department of Revenue, 305 So.2d 65, at 69 (Fla.1st DCA 1974), the court stated:
This court found that the word "state" as used in the exemption provision of Section 212.06(8), Florida Statutes, means "one of the states of the United States, and not a foreign entity. . . ." We
apply this rationale to the instant case and find that the Bahamas as an entity, like Holland, also does not qualify as a state.
Swan Enterprises, 506 So. 2d, at 459
Applying the definition enunciated in Swan Enterprises to this case, Russia is not another state within the meaning of Section 471.015(5)(a)1., Florida Statutes.
Petitioner is not eligible for licensure by endorsement pursuant to Section 471.015(3)(a), Florida Statutes. Neither is she eligible for waiver of the Fundamentals Examination under Section 471.015(5)(a)1., Florida Statutes. Therefore, Petitioner must successfully complete the Fundamentals Examination before she is eligible to take the Principles and Practice Examination.
Based on the foregoing Findings of Fact and Conclusions of Law, it is recommended that Respondent, the Board of Professional Engineers, enter a Final Order denying Petitioner's request for waiver of Part I, the Fundamentals Examination, and for licensure by endorsement.
DONE AND ENTERED this 9th day of December, 1997, in Tallahassee, Leon County, Florida.
CAROLYN S. HOLIFIELD
Filed with the Clerk of the Division of Administrative Hearings this 9th day of December, 1997.
St. Petersburg, Florida 33731-1689
Edwin A. Bayo
Assistant Attorney General Office of the Attorney General The Capitol, Plaza 01 Tallahassee, Florida 32399-1050
Lynda L. Goodgame, General Counsel Department of Business and
All parties have the right to submit written exceptions within 15 days from the date of this recommended order. Any exceptions to this recommended order should be filed with the agency that will issue the final order in this case.
