STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

1. B. THANKI, )

   )

   Petitioner, )

   )

   vs. ) CASE No. 91-1545

   )

   BOARD OF PROFESSIONAL )

   ENGINEERS, )

   )

   Respondent. )

   )

   
   

   RECOMMENDED ORDER

   
   

   Pursuant to notice a formal hearing was held in the above-styled case on April 24, 1991 at Tampa, Florida.

   
   

   APPEARANCES

   
   

   For Petitioner: L. B. Thanki, pro se

   1106 East Hillsborough Avenue Tampa, Florida 33604

   
   

   For Respondent: Edwin A. Bayo, Esquire

   Assistant Attorney General Department of Legal Affairs The Capitol, Suite LL04

   Tallahassee, Florida 32399-1050 STATEMENT OF THE ISSUES

   Whether Petitioner meets the educational requirements for licensure as a Professional Engineer in training in Florida.

   
   

   PRELIMINARY STATEMENT

   
   

   By Notice of Denial letter dated January 4, 1991, L.B. Thanki, Petitioner, was advised that the Educational Advisory Committee of the Board of Professional Engineers had reviewed the education credentials submitted by Thanki and determined these credentials do not meet the Accreditation Board for Engineering and Technology (ABET) standards in that 16 credit hours of Humanities and Social Science credits are lacking. Petitioner requested a hearing to challenge this determination and these proceedings followed.

   
   

   At the hearing Petitioner's application file was admitted into evidence as Exhibit 1. Thereafter Petitioner testified in his own behalf and Respondent called one witness. Proposed findings submitted by Respondent are accepted.

   Those not included herein were deemed unnecessary to the conclusion reached.

   FINDINGS OF FACT

   
   

   1. L.B. Thanki received a degree in Civil Engineering at the University of Durham at Kings College, Newcastle Upon Tyne in the United Kingdom in 1956.

      
      

   2. Petitioner received a batchelor of law degree from Sardar Patel University (India) in 1967. This degree is the equivalent of two years study in law.

      
      

   3. The degree obtained from the University of Durham is not the equivalent of the degree received from an ABET approved university in the United States because it lacks 16 credit hours in Humanities and Social Sciences.

      
      

   4. Petitioner presented no evidence that his degree from the University of Durham or the curriculum he completed at any other university included the missing 16 hours in Humanities and Social Sciences.

      
      

   5. Petitioner presented a certificate (which was not offered into evidence) that he had completed a course in computer services meeting the board's evidentiary requirements of computer skills.

      
      

      CONCLUSIONS OF LAW

      
      

   6. The Division of Administrative Hearings has jurisdiction over the parties to and the subject matter of these proceedings.

      
      

   7. Section 471.013(1)(b), Florida Statutes provides:

      
      

      A person shall be entitled to take an exami- nation for the purpose of determining whether he is qualified to practice in this state as an engineer intern if he is in the final year

      of or is a graduate of, an approved engineering curriculum in a school, college, or university approved by the board.

      
      

   8. Section 471.013(1)(a)3., Florida Statutes, provides, inter alia:

      
      

      The Board shall adopt rules providing for

      the review and approval of schools or colleges and the courses of study in engineering in such schools and colleges. The rules shall

      be based on the educational requirements for engineering as defined in s.471.005. The board may adopt rules providing for the accep- tance of the approval and accreditation of schools and courses of study by a nationally accepted accreditation organization. (Emphasis supplied.)

      
      

   9. Pursuant to this authority, the Board has promulgated Rule 21H-20.001, Florida Administrative Code, which states, inter alia:

      
      

      (b) "Board approved engineering programs" shall mean:

      1. engineering curricula accredited by the Engineering Accreditation Commission of the

         Accreditation Board for Engineering and Tech- nology, Inc. (ABET), approved by ABET, approved by the Board of Professional Engineers as equivalent to ABET, or

      2. non-ABET approved engineering programs

         for a post-baccalaureate degree in engineering from a school or college in the United States which has an accredited engineering curriculum in a related discipline at the baccalaureate level, or

      3. programs which have been approved by the Board of Professional Engineers under the pro- visions of F.S. 455.11(3).

      
      

   10. Petitioner has the burden of establishing his qualifications by a preponderance of the evidence. Florida Department of Transportation v. J.W.C. Co., 396 So.2d 778 (Fla. 1st DCA 1981); Balino v. Department of Health and Rehabilitative Services, 348 So.2d 349 (Fla. 1st DCA 1977).

       
       

   11. Although Petitioner has overcome one of the stated deficiencies by demonstrating evidence of computer skills, he has not overcome the main deficiency in his degree, namely the lack of 16 hours of Humanities and Social Sciences.

RECOMMENDATION

Based on foregoing Findings of Fact and Conclusions of Law, it is recommended that a Final Order be entered denying Petitioner's application for licensure by examination as an engineering intern.

RECOMMENDED this 10th day of May, 1991, in Tallahassee, Leon County, Florida.

1. N. AYERS Hearing Officer

   Division of Administrative Hearings The DeSoto Building

   1230 Apalachee Parkway

   Tallahassee, Florida 32399-1550

   (904)488-9675

   
   

   Filed with the Clerk of the Division of Administrative Hearings this 10th day of May, 1991.

   COPIES FURNISHED:

   
   

2. B. Thanki

1106 East Hillsborough Avenue Tampa, Florida 33604

Edwin A. Bayo, Esquire Assistant Attorney General Department of Legal Affairs The Capitol, Suite LL04

Tallahassee, Florida 32399-1050

Carrie Flynn, Acting Executive Director Florida Board of Professional Engineers Northwood Centre, Suite 60

1940 North Monroe Street Tallahassee, Florida 32399-0755

Jack L. McRay, General Counsel Department of Professional Regulation Northwood Centre, Suite 60

1940 North Monroe Street Tallahassee, Florida 32399-0792

NOTICE OF RIGHT TO SUBMIT EXCEPTIONS:

All parties have the right to submit written exceptions to this Recommended Order. All agencies allow each party at least 10 days in which to submit written exceptions. Some agencies allow a larger period within which to submit written exceptions. You should contact the agency that will issue the final order in this case concerning agency rules on the deadline for filing exceptions to this Recommended Order. Any exceptions to this Recommended Order should be filed with the agency that will issue the final order in this case.

Docket for Case No: 91-001545

Orders for Case No: 91-001545