The Issue The issue for resolution in this proceeding is whether Petitioner is entitled to additional credit for his response to question 124 in the Principles and Practice of Engineering portion of the engineering licensure examination administered on October 30, 1998, by the National Council of Examinees for Engineers and Surveyors (NCEES).
Findings Of Fact Petitioner is a candidate for licensure as a professional engineer. On October 30, 1998, Petitioner sat for the Principles and Practice of Engineering portion of the examination in civil engineering. This is a national examination developed, controlled, and administered by the NCEES. Respondent is a Florida non-profit corporation created by Section 471.038, Florida Statutes, to provide administrative and other services to the Florida Board of Professional Engineers (Board). Petitioner was notified in January 1999, that his raw- score on the examination was 45, which converted to a full score of 67, was below the required passing score of 70. He contested the score and asked for a rescore of his responses to examination questions 123 and 124. NCEES reviewed the responses and awarded two additional points for question 123; it awarded no additional points for question 124. The rescore resulted in a raw-score of 47 and a full score of 69, still short of a passing grade. Petitioner then requested a formal administrative hearing and, as stated above, confined his challenge to his score on question 124. Question 124 involved computations for a detour roadway during a bridge replacement project. The question had four parts, thus requiring four computations (a-d). Segments of the detour were expressed in metric lengths (meters) in the question. A beginning station was described as 5 + 000.000. The question required that all computations be carried out to the appropriate significant digits. As described by the scoring plan for question 124, a perfect score was 10 points for an "exceptionally competent" response. The next highest score was 8 points for "more than minimum but less than exceptional competence," described as: Failure to provide answers to the required accuracy and a correct solution to requirements (a)-(d) OR an incorrect solution to one of the requests (a)-(d) with all answers within the required accuracy. Failure to provide the answers to the required accuracy will result in a deduction of two points at any level of scoring. (Respondent's Exhibit no. 8) The NCEES scorers awarded Petitioner a "6" for question 124, both initially and upon his requested review. Six points indicated "minimum competence," described as: Demonstrated a competent knowledge of reverse curves with a correct solution to at least two of the requirements meeting the required accuracy or a correct solution to at least three of the four possible requirements but answer(s) fail to meet the required accuracy. (Respondent's Exhibit no. 8) A solution is the methodology or process employed to reach a numerical result or answer in the examination problem, according to the competent credible testimony of Petitioner's experts. Those experts would have scored Petitioner's responses to question 124 as an "8" or "9". On rescoring, the NCEES score's comments in assigning a score of "6" were: SCORER'S COMMENTS: Requirement (a)-Failed to meet accuracy requirements of +/-0.015m. Requirement(b)-Decimal error was made. The station was in km and the curve length was in meters. Requirement(c)-Same error as in Requirement (b). No points were deducted for this error. Requirement (d)-Solution is correct. Minimum competence was shown by this solution. The grading process for the portions of the examination of which question 124 was a part was subjective within the guidelines provided by NCEES. Different scorers could award different points for the same answer. Petitioner's experts and Respondent's expert, all competent, credible witnesses, differed as to the score they would award. Petitioner's response to (a) of question 124 was not accurate within +/- 0.015m. That error alone would have resulted in a 2-point penalty. However, he also mis-read the initial stationing provided in the problem statement, resulting in inaccurate answers for (b) and (c). A correct solution generally includes the appropriate use of available data. In this case Petitioner's error in reading the correct station position was a technical error only and was caused by a misleading expression of the position in the question itself. His solutions to (a)-(d) were otherwise correct. In Florida, the only engineers who use the metric system are consultants for the Florida Department of Transportation (FDOT) and even that agency is phasing out the use of metrics. The use of metric measurements is not the standard of practice for Florida Professional Engineers. Out of the 30 projects that Respondent's expert has done since he was licensed, only one involved the use of the metric units. J. Keith Dantin, P.E., one of Petitioner's experts, has never in his 14 years of experience worked on a roadway or surveying problem in metric units. The Candidate Information Booklets provided by the Respondent to the examinees are conflicting and confusing. The February 1998 version states: "Examinees should be prepared to solve bridge problems using either metric or English units of measure. All other problems are in English units." (Petitioner's Exhibit No. 1). The October 1998 version states under the category Structural Design Standards: "All problems are in English units" (Respondent's Exhibit No. 3, boldface in original). When FDOT uses metric units it still expresses those units in English terminology. Thus, where question 124 positioned the beginning station at 5 + 000.000, the English translation would have been 50 + 00. It is evident that Petitioner read the station to be 5 + 00, missing one of the O's; if he had used the 5 + 000, or if the question had expressed the position at 50 + 00 (the English terminology used by the FDOT), all of Petitioner's answers would have been correct and his solutions would not have included the merely mechanical error of utilizing the wrong beginning station position. While he felt that he, personally, would understand the problem, Respondent's expert agreed there might be a bit of confusion. Respondent's expert was candid and credible but his professional experience was substantially less than Petitioner's experts, who also were candid and, on balance, more competent. Petitioner should have been scored an 8 on question 124. His solutions were basically correct and his answers were off merely due to the confusing expression of the beginning station. In real practice his error would have been caught before it reached the field and the error in no way betrayed a lack of fitness to practice as a professional engineer.
Recommendation Based on the foregoing, it is RECOMMENDED: That Petitioner's challenge to his score on question 124 be sustained and that his score be upgraded by 2 points, from a "6" to "8". DONE AND ENTERED this 3rd day of November, 1999, in Tallahassee, Leon County, Florida. MARY CLARK Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 SUNCOM 278-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 3rd day of November, 1999. COPIES FURNISHED: William H. Hollimon, Esquire Ausley & McMullen, P.A. 227 South Calhoun street Tallahassee, Florida 32302 Jeff G. Peters, Esquire Cedar Woods Office Center 1266 Paul Russell Road Tallahassee, Florida 32301 Natalie A. Lowe, Esquire Vice President for Legal Affairs Florida Board of Professional Engineers 1208 Hays Street Tallahassee, Florida 32301 Barbara D. Auger, General Counsel Department of Business and Professional Regulation Northwood Centre 1940 North Monroe Street Tallahassee, Florida 32399-0792
The Issue Whether the Florida Real Estate Commission (hereinafter referred to as the "Commission") should refuse, on the grounds set forth in its August 17, 1994, order, to certify Petitioner as qualified to practice as a real estate salesperson in the State of Florida?
Findings Of Fact Based upon the evidence adduced at hearing, and the record as a whole, the following Findings of Fact are made: On or about June 20, 1994, Petitioner filed with the DRE an application for licensure as a real estate salesperson. Petitioner took the real estate salesperson's licensure examination that was administered on July 25, 1994, in Miami, Florida (hereinafter referred to as the "Examination"). The Examination, which consisted of 100 multiple choice questions, began sometime between 8:35 and 8:45 a.m. on the morning of July 25, 1994, after the candidates had been read approximately five pages of written Examination instructions. Petitioner entered the Examination room late, at approximately 9:45 a.m., at which time he was given an Examination booklet and answer sheet and escorted to his seat. He was asked if he wanted to be read the written Examination instructions that had been read to the candidates prior to his arrival, but he declined the offer inasmuch as he was anxious to begin the Examination. Petitioner was seated at a table next to Candidate #362078. Although there were two different "forms" of the Examination, an "odd form" and an "even form," both Petitioner and Candidate #362078 had the same form. On various occasions during the Examination, Petitioner looked at Candidate #362078's answer sheet to see Candidate #362078's answers. 1/ At least four proctors witnessed such conduct. In accordance with DRE policy, Petitioner was allowed to finish the examination. Petitioner answered 85 of the 100 questions on the Examination correctly, one less than Candidate #362078 answered correctly. Petitioner and Candidate #362078 answered 75 of the same questions correctly. There were five questions that both Petitioner and Candidate #362078 answered incorrectly. They chose the identical incorrect response on four of these five questions (Questions 24, 46, 59 and 99). On Question 24, Petitioner and Candidate #362078 both gave "A" as the answer to the question. Only 10.4 percent of the 1049 candidates taking the Examination gave this incorrect response to Question 24. On Question 59, Petitioner and Candidate #362078 again both gave "A" as the answer to the question. Only 12.4 percent of the 1049 candidates taking the Examination gave this incorrect response to Question 59.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is hereby RECOMMENDED that the Commission enter a final order refusing to certify Petitioner as qualified to practice as a real estate salesperson in the State of Florida, without prejudice to Petitioner reapplying for licensure at such time as he is able to show that, because of the lapse of time since the Examination and his subsequent good conduct and reputation, or other reason deemed sufficient, he is qualified to practice as a real estate salesperson and therefore the interest of the public and investors will not likely be endangered by the granting of such licensure. DONE AND ENTERED in Tallahassee, Leon County, Florida, this 28th day of February, 1995. STUART M. LERNER 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 28th day of February, 1995.
The Issue Whether Petitioner is entitled to credit for her answers to questions 55 p.m. and 56 p.m. on the Fundamentals of Engineering portion of the engineering licensure examination given on April 15, 2000.
Findings Of Fact Upon consideration of the oral and documentary evidence received at the hearing, the following relevant findings of fact are made: The examination for licensure of an engineer in the State of Florida is administered by the Florida Engineers Management Corporation, a not-for-profit corporation, created under Section 471.038, Florida Statutes. A written examination is authorized by Rule 61G15-21.001, Florida Administrative Code. Respondent contracts with the National Council of Examiners for Engineering and Surveying to provide engineering licensure examinations. This practice is approved by Section 455.217, Florida Statutes, and Rule 61G1 5-21.005, Florida Administrative Code. The National Council of Examiners for Engineering and Surveying develops standardized tests given for licensure throughout the United States and ensures that the questions are not ambiguous through a number of methodologies. A candidate for licensure as an engineer intern must attain a "scaled" score of 70 to pass the examination. On the examination taken by Petitioner, the minimum "raw" score required to attain a "scaled" score of 70 was 107; Petitioner's "raw" score was 105. Petitioner had initially challenged five questions; at the hearing, Petitioner withdrew her challenge to three questions; the two remaining challenged questions (55 p.m. and 56 p.m.) were "ethical" questions, i.e., they dealt with questions of engineering ethics. The challenged questions were multiple-choice questions. The test gives the following directions: "Each of the questions or incomplete sentences below is followed by four suggested answers or completions. Select the one that is the best in each case and then fill in the corresponding space on the answer sheet." (Emphasis added.) The challenged question 55 p.m. deals with an engineer hired to prepare a report on the design, manufacture, and assembly of a structure. The report contains references to "shoddy workmanship." Petitioner states that while she agreed that answer A [the graded "correct" answer] is correct, she believed that the inclusion of the word "also" in answer B included answer A in answer B by reference and therefore she chose B as her answer. Petitioner acknowledges that the word "also" in answer B could be referring to language in the question rather than in answer A. Answer A specifically refers to "engineering issues" which the engineer is "qualified to assess"; answer B indicates that the references to "shoddy workmanship" are "personal opinions" and "not professional opinions". An engineer is obligated by his license not to give an opinion for which he does not have expertise. An engineer should not render a personal opinion in a report in which the engineer gives a professional opinion. The challenged question 56 p.m. deals with an engineer who lacks expertise dealing with space frames but designed structures which included same. Regarding challenged question 56 p.m., the Petitioner acknowledged that answer A (the graded "correct" answer) could have been the correct answer as well as the answer she chose, answer D. Answer D indicates that the engineer was unethical because he did not refer that matter to the Registration Board. An engineer should not contact the Registration Board and report to the Board that someone has asked him to do something unethical; it is incumbent upon an engineer to practice engineering ethically without the input of the Board. In both instances in answering the challenged questions the Petitioner failed to provide the "best" answer and at hearing acknowledged that the graded "correct" answer by the National Council of Examiners for Engineering and Surveyors was a "correct" answer even though she chose a different answer.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Florida Engineers Management Corporation enter a final order denying Petitioner's challenge to questions 55 p.m. and 56 p.m. DONE AND ENTERED this 27th day of December, 2000, in Tallahassee, Leon County, Florida. JEFF B. CLARK Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 SUNCOM 278-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 27th day of December, 2000. COPIES FURNISHED: Yvette Bowman 3401 North Lakeview Drive Apartment 216 Tampa, Florida 33618 Douglas D. Sunshine, Esquire Florida Engineers Management Corporation 1208 Hays Street Tallahassee, Florida 32301 Barbara D. Auger, General Counsel Department of Business and Professional Regulation Northwood Centre 1940 North Monroe Street Tallahassee, Florida 32399-0792 Dennis Barton, Executive Director Board of Professional Engineers Department of Business and Professional Regulation 1208 Hays Street Tallahassee, Florida 32301 Natalie A. Lowe, Esquire Vice President for Legal Affairs Florida Engineers Management Corporation 1208 Hays Street Tallahassee, Florida 32301
Findings Of Fact Based upon all of the evidence, the following findings of fact are determined: On April 19, 1990, petitioner, Don R. Blackburn, was a candidate on the engineering intern portion of the professional engineer examination given in Miami, Florida. The test was administered by the Department of Professional Regulation (DPR) on behalf of respondent, Board of Professional Engineers (Board). On July 25, 1990, the Board issued a written uniform grade notice advising petitioner that he had received a grade of 66 on the examination. A grade of 70 is necessary to pass this part of the examination. By letter dated August 15, 1990, petitioner requested a formal hearing to contest his score. In his letter, Blackburn generally contended that the examination was unfairly administered because certain books were allowed to be used by some but not all candidates, untrained proctors were given the authority to scan review materials and determine which could or could not be used by the candidates, and because of the chaos and confusion that occurred during the examination, he was unable to attain a score that he otherwise would have been able to achieve. Blackburn is an engineer for Lee County and is seeking to pass the engineering intern portion of the examination. A passing grade on that portion is a prerequisite to sitting on the second part of the professional engineer examination. He has taken the examination on a number of occasions and has gradually improved his score to just short of passing. Indeed, on the October 1989 examination, Blackburn scored a 69, or just one point less than the required 70. Prior to the April 1990 examination, the engineering intern portion of the professional engineer examination was an unrestricted open book examination. This meant candidates could use any and all reference and review materials during the examination. Beginning with the April 1990 examination, the Board imposed certain restrictions on the use of review materials. As early as October 9, 1989, the Board's executive director sent a memorandum to all candidates on the October 1989 examination, including Blackburn, concerning the new restrictions. The memorandum stated in part: Please be advised of certain restrictions listed in the Candidate Information Booklet which will not be implemented until the April 1990 examination. These restrictions are found in the "Examination Administration Information" section and are concerning the following two areas: * * * 2. Books or information containing sample questions or engineering problems may also be brought provided they are bound. Again, the new restrictions listed in the Candidate Information Booklet regarding the above two areas WILL NOT be implemented until the April 1990 examination. All candidates on the April 1990 examination were given a Candidate Information Booklet prepared in January 1990 by DPR's Bureau of Examination Services. On pages 13 and 14 of the booklet was found the following information: This is an open book examination. Candidates may use textbooks, handbooks, notes, and reference materials which are bound, copyrighted and printed. The term "bound" refers to material that is bound permanently, hard or paperback stitched or glued, or spiral, plastic or three-ringed bound. The printed material must remain contained (bound) in its cover during the entire examination. No writing tablets, unbound tablets or unbound "loose notes" will be allowed. No books with contents directed toward sample questions or solutions of engineering problems are permitted in the examination room. Examinees are not permitted to exchange reference materials or aids during the examination. (Emphasis in original) What the emphasized language meant is that "review" manuals, which contain problems and solutions, were prohibited from use during the examination while "reference" books were not. However, the booklet did not list the specific names of published materials that would be permitted or excluded. In order to ascertain which books he might use on the next examination, on March 27, 1990, Blackburn telephoned the Board in Tallahassee and spoke with a female employee named "B. J." who advised him that "review publications directed principally towards the solution of engineering problems" would be excluded. When asked if "Lindeburg's Sixth Edition" would be authorized, B. J. told Blackburn she wasn't sure and that it would be left up to the proctors in the room. She did say, however, that a review manual authored by Schaum could be used. The engineering intern examination in April 1990 was administered in two separate rooms at the Radisson Hotel in Miami, Florida. Blackburn was in a "very large" upstairs room with approximately thirty other candidates while a similar number took the examination in a downstairs room. The examination in the upstairs room began at 8:43 a.m. after various instructions were read to the candidates by the examination supervisor, Jeannie Smith, a veteran of twenty years in proctoring and supervising professional examinations. According to Smith, there was "considerable confusion" concerning which books could be used by the candidates, particularly since this was the first examination given with the new restrictions. She also acknowledged that there was "chaos" prior to the beginning of the examination and that this was, "extremely upsetting" to the examinees. However, before the examination began, Smith announced on a microphone the names of certain books which the Board had given her that were either prohibited or could be used by candidates. She further advised that if candidates had any questions they were to come to a bulletin board by the microphone where she had posted Xerox copies of the covers of various books. If a book could be used, it had the word "YES" printed on the cover while a "NO" was printed on those covers of books that could not be used. 1/ It is noted that only one cover sheet with a "YES" was posted, that being the Civil Engineering Reference Manual, Fourth Edition, Michael R. Lindeburg. However, at least three candidates who took the examination that morning, including petitioner, did not see the posted materials nor hear the invitation for candidates to come to the bulletin board. One book in issue that was specifically prohibited was Engineer In Training Review Manual, Sixth Edition, Michael R. Lindeburg, which contained 378 solved problems, and thus fell within the general prohibition of review manuals described on page 14 of the Candidate Information Booklet. However, those candidates who had the Seventh Edition of the same book were allowed to keep and use that manual even though it contained 422 solved problems, or some 44 more solved problems than was contained in the prohibited Sixth Edition. By allowing those students having the Seventh Edition to use the same even though it contained "review" materials, DPR violated the instructions contained in the Candidate Information Booklet and gave an advantage to those candidates not enjoyed by others, including petitioner. In addition, at least one other candidate in the upstairs group was allowed to use a prohibited review manual (Schaum's Outline Series, Theory and Problems of Electric Power Systems) but still that candidate did not attain a passing grade. Petitioner also contended that candidates taking the examination in the downstairs room were allowed to use language dictionaries during the morning part of the examination while those upstairs could not. 2/ Petitioner's contention is grounded upon hearsay evidence and accordingly it is found that no competent proof to support this claim was submitted. However, there was obviously some confusion over this matter because, after receiving complaints of this nature from two candidates, Smith telephoned the Board's offices in Tallahassee during the lunch break to ascertain whether such books could be used. Upon learning that they could not, she advised the upstairs group at the beginning of the afternoon session that dictionaries were not allowed. Blackburn also established that during the examination proctors went from desk to desk examining the materials that each candidate had in his possession. If a candidate had what the proctor perceived to be a book containing solutions to problems, the candidate was told to put the book on the floor. In the alternative, she candidates were told that if they tore the offending pages out of the book, they could continue using the remaining materials. Petitioner has complained that the proctors were not engineers and they were untrained in determining whether a book was acceptable or not. The Board has conceded that engineers do not proctor examinations but asserted that they are intelligent enough to determine whether books fall within the proscribed category. According to Blackburn's proctor at the examination, George Walton, a retired Coast Guard captain and engineering graduate of the Coast Guard Academy, he relied upon the list of approved and disapproved books supplied by the Board prior to the examination in determining whether materials would be excluded or not. Walton also stated that if he examined a book and found it contained solutions, he would disallow the same unless the offending pages were removed. A DPR expert in testing and measurements, Dr. Joseph A. Klock, examined the pass/fail rate for the examination taken by Blackburn and compared that rate to the October 1989 examination rate. Doctor Klock found no significant difference in the two rates and concluded that there was no statistically significant difference in performance of candidates over those time periods despite the confusion which occurred during the April 1990 examination. Blackburn did not present any evidence to show that if he had used the Seventh Edition of the Engineer In Training Review Manual, he would have been able to achieve more points on a particular problem and thus would have had a passing grade. Blackburn's principal complaint was that he had spent many hours preparing for the examination in question, that he was forced to guess which books to bring to the examination, and because of the confusion and chaos that took place at the beginning of the examination as well as his awareness that others were using a review manual with solved problems, it was impossible for him to give his best effort on the examination.
Recommendation Based on the foregoing findings of fact and conclusions of law, it is RECOMMENDED that petitioner's request to receive a passing grade on the April 1990 professional engineer examination be DENIED. However, petitioner should be entitled to retake the next examination at no charge. DONE and ENTERED this 28th day of November, 1990, in Tallahassee, Florida. DONALD R. ALEXANDER Hearing Officer Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, FL 32399-1550 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 28th day of November, 1990.
The Issue The issue to be resolved is whether Petitioner is entitled to additional credit for her response to question nos. 122 and 222 of the civil engineering examination administered on October 31, 1997.
Findings Of Fact On October 31, 1997, Petitioner took the civil professional engineering licensing examination. A score of 70 is required to pass the test. Petitioner obtained a score of 69. Petitioner challenged the scoring of question nos. 122 and 222. As part of the examination challenge process, Petitioner's examination was returned to the National Council of Examiners for Engineering and Surveying where it was re-scored. In the re-score process, the grader deducted points from Petitioner's original score. Petitioner was given the same raw score of 6 on question number 122; however, on question number 222 her raw score of 4 was reduced to a 2. Petitioner needed a raw score of 48 in order to achieve a passing score of 70; she needed at least three additional raw score points to obtain a passing raw score of 48. Petitioner is entitled to a score of 6 on problem number 122. The solution and scoring plan for that problem required the candidate to obtain a culvert size in the range of 21-36 inches. The Petitioner incorrectly answered 3.1 feet or 37.2 inches. She is not entitled to additional credit for problem number 122 because she answered the question with the wrong size culvert. Problem number 122 required the candidate to use a predevelopment peak flow of 40 cubic feet per second (cfs). Petitioner used 58.33 cfs. She chose the maximum flow rather than the predevelopment peak flow. In solving problem number 122, Petitioner chose a design headwater depth of 4.8 feet. The correct solution required a design headwater depth of 5.7 feet. Petitioner made another mistake in problem number 122; she failed to check the water depth in the downstream swale. Petitioner concedes she was given sufficient information to solve problem number 122. She understood what the question was asking of her. She admits that she did not compute the critical depth of the water and that she did not complete the solution. Question number 222 had three parts. The candidate was required to determine the footing size, to select the reinforcing steel, and to provide a sketch for a concrete column located along the edge of a building. Petitioner understood the question and was provided enough information to solve the problem. Petitioner correctly checked the footing size as required by the first part; however, she did not select the reinforcing steel or show the required sketch. Therefore, Petitioner did not complete enough of the problem to qualify for a score of 4 points. She is entitled to a score of 2 points. The examination questions at issue here were properly designed to test the candidate's competency in solving typical problems in real life. The grader (re-scorer) utilized the scoring plan correctly. Petitioner has been in the United States for approximately eleven years. She lived in Romania before she came to the United States. In Romania, Petitioner used only the metric system in her professional work. While she has used the English system since moving to the United States, Petitioner is more familiar with the metric system. The Principles and Practice examination is an open-book examination. Petitioner took a book entitled the Fundamentals of Engineering Reference Handbook to the examination. When the proctor examined her books, she told the Petitioner she was not permitted to keep the handbook. The proctor took the handbook from the Petitioner. Petitioner protested the confiscation of her reference book because she had used the same book in two previous tests. About ten minutes later, the proctor's supervisor returned the book to Petitioner. Petitioner's book was returned at least ten minutes before the test began. She was permitted to use the book during the test. There is no persuasive evidence that the proctor's mistake in temporarily removing Petitioner's reference book caused her to be so upset that she failed the test. Candidates were not permitted to study their books prior to the beginning of the examination. Petitioner may have been nervous when the test began. However, Petitioner received a perfect score of ten points on the first problem she worked, problem number 121.
Recommendation Based upon the findings of fact and conclusions of law, it is RECOMMENDED that the Board of Professional Engineers enter a Final Order confirming Petitioner's score on the examination and dismissing the Petitioner's challenge. DONE AND ENTERED this 13th day of January, 1999, in Tallahassee, Leon County, Florida. SUZANNE F. HOOD Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 SUNCOM 278-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 13th day of January, 1999. COPIES FURNISHED: Natalie A. Lowe, Esquire Board of Professional Engineers 1208 Hays Street Tallahassee, Florida 32301 William Bruce Muench, Esquire 438 East Monroe Street Jacksonville, Florida 32202 Lynda L. Goodgame, General Counsel Department of Business and Professional Regulation 1940 North Monroe Street Tallahassee, Florida 32399-0792 Dennis Bartin, President Florida Engineers Management Corporation 1940 North Monroe Street Tallahassee, Florida 32399-0792
The Issue Is Petitioner entitled to additional credit on the Professional Engineer Licensure Examination sufficient to receive a passing score?
Findings Of Fact By the stipulations recited in the preliminary statement, Petitioner needed only to demonstrate entitlement to one raw point in order to achieve an adjusted score of 70 (raw score of 48) so as to pass the Florida Professional Engineer Examination, created and administered by the National Council of Examiners for Engineers and Surveyors. The disputed part of the challenged question dealt with the equations necessary to calculate the amount of excess air applied to a combustion source that produced flue gas which contained specified concentrations of oxygen, carbon dioxide, carbon monoxide, and nitrogen. This presents a chemical engineering problem. Subpart one of the question provided four reaction equations. Petitioner selected answer "E". The Board claims another answer is the correct answer. Subpart one of the question required that the examinee select an answer showing the minimum number of equations needed to solve the problem. The answer designated by the Board contained two equations. The answer selected by Petitioner contained three equations. Petitioner, Petitioner's Professional Engineer expert in combustion, and the Board's Professional Engineer expert in chemical engineering all recognized that the problem could be appropriately solved either by the Orsat method or the Board's preferred method. However, Petitioner and his expert maintained that the Board's preferred method was less precise than the Orsat method because the Board's method was based on a presumption of complete oxygen combustion or theoretical oxygen. Petitioner based his analysis on the concept that the problem's acknowledgment of the presence of carbon monoxide indicated incomplete combustion and rendered the calculation of air indeterminate. The determination of excess air is covered in five standard reference books authorized for use on the examination. All these books recognize the Orsat equation for the calculation of excess air with respect to incomplete combustion. Petitioner utilized the Orsat equation. The Orsat formula is appropriate for solving the question, but it is derived from three equations. Petitioner and his expert contended that subpart one of the question was both a trick question and that the Board was requiring an incorrect answer because the examinee obtained a correct answer to subpart ten of the question by the Orsat approach and that when subpart ten is solved by the Board's preferred method, an incorrect answer was obtained. This testimony was not persuasive in light of the apparent agreement of Petitioner that the correct numerical answer would be closer to the Board's preferred numerical answer than to his own numerical answer. (TR110112). Nor does it necessarily follow that because the Board has conceded that Petitioner's answer to subpart ten was correct, that concession automatically renders his answer to subpart one correct. As explained more reasonably by Dr. Benjamin Keith Harrison, a professor of chemical engineering at the University of Alabama, there were at least two correct ways to work the problem related to an analysis of incomplete combustion. The Orsat method uses carbon dioxide while the Board's preferred method uses a different chemical "tie" element to compare the theoretical oxygen required to the amount of oxygen actually in the system. The examinee is free to choose the method (i.e. tie element) he prefers. The Orsat formula, chosen by Petitioner, is entirely correct to do that, and the numerical answer the Petitioner got in subpart ten was within acceptable limits. However, the equations the Petitioner indicated in the other part of his answer were not those used to derive the Orsat formula. (TR8288) More succinctly, according to Dr. Harrison, the examinees were free to use either the Orsat formula or the Board's preferred formula to get subpart ten. Petitioner chose the Orsat formula and got a sufficiently correct answer for subpart ten. However, in subpart one, the other formula was asked for and Petitioner chose the wrong combination of three subsets. (TR89) Therefore, the greater weight of the credible evidence is that the Petitioner's answer is wrong on two points: first, that his response does not indicate a minimum set of equations and two, the three equations he selected were not the equations used in deriving the Orsat formula. Likewise, items one and ten of the question request different information/responses. Part ten requests a numerical response; part one requests the selection of the minimum number of equations necessary. Dr. Joseph Allen Klock, was accepted as an expert psychometrician. His statistics and the testimony of Dr. Harrison are credible and persuasive that the challenged question subpart one contained enough correct information to allow an examinee of minimal competency for licensure to selec tthe correct response and did not require knowledge which was beyond the scope of knowledge that could be expected from a candidate for licensure and that Question No. 417 as a whole was a fair test of the examinees' knowledge in the field of chemical engineering .
Recommendation Upon the foregoing findings of fact and conclusions of law, it is recommended that the Board of Professional Engineers enter a final order denying the Petitioner the one point at issue, and thus a passing grade on the April 1995 licensure examination. RECOMMENDED this 3rd day of October, 1996, at Tallahassee, Florida. ELLA JANE P. DAVIS Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (904) 4889675 SUNCOM 278-9675 Fax Filing (904) 9216847 Filed with the Clerk of the Division of Administrative Hearings this 3rd day of October, 1996. COPIES FURNISHED: William Leffler, III, Esquire 2000 North Meridian Road Apartment 312 Tallahassee, Florida 32303 R. Beth Atchison, Esquire Department of Business and Professional Regulation Board of Professional Engineers 1940 North Monroe Street Tallahassee, Florida 32399-0750 Lynda L. Goodgame, Esquire General Counsel Northwood Centre 1940 North Monroe Street Tallahassee, Florida 32399 Angel Gonzalez Executive Director Board of Professional Engineers 1940 North Monroe Street Tallahassee, Florida 32399
The Issue Whether Petitioner is eligible for licensure by endorsement as a professional engineer and/or waiver of Part I of the engineering licensing examination.
Findings Of Fact 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.
Recommendation 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 Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (904) 488-9675 SUNCOM 278-9675 Fax Filing (904) 921-6847 Filed with the Clerk of the Division of Administrative Hearings this 9th day of December, 1997. COPIES FURNISHED: Murray Silverstein, Esquire Powell, Carney, Hayes, and Silverstein One Plaza, Suite 1210 St. Petersburg, Florida 33731-1689 Edwin A. Bayo Assistant Attorney General Office of the Attorney General The Capitol, Plaza 01 Tallahassee, Florida 32399-1050 Angel Gonzalez Executive Director Board of Professional Engineers Northwood Centre 1940 North Monroe Street Tallahassee, Florida 32399-0755 Lynda L. Goodgame, General Counsel Department of Business and Professional Regulation 1940 North Monroe Street Tallahassee, Florida 32399-0792
The Issue Whether Petitioner is entitled to credit for his answers to questions 42 and 81 of the morning session of the Fundamentals of Engineering Examination portion of the engineering licensure examination given on April 15, 2000.
Findings Of Fact Worku took the Fundamentals of Engineering Examination portion of the examination for licensure to practice as an engineer intern on April 15, 2000. The examination is a national multiple-choice examination developed and administered by the National Council of Examiners for Engineers and Surveyors (NCEES). The examination is divided into a morning session and an afternoon session. The questions in the morning session are worth one raw point each. The questions in the afternoon session are worth two raw points each. Worku challenged questions 42 and 81, which were on the morning session of the examination. Worku received 56 raw points for the morning session and 52 raw points for the afternoon session for a total raw score of 108 on the examination. Based on the NCEES' Score Conversion Table, a raw score of 108 converts to a score of 69. A converted score of 70, which equates to a raw score of 109-113, is a passing score. Question 81 asked the examinee to identify the geometric shape that was given by an equation provided in the question. Each examinee was given a reference manual during the examination. The manual contains general formulas for the types of geometric shapes listed as possible answers to question 81. The equation given in question 81 was for a specific shape and was not listed among the general formulas in the reference manual. Worku felt that because the general equation was not used that the equation was stated incorrectly. However, the equation was stated correctly. The equation differed from the equation listed in the reference manual because it was for a special shape of the geometric figure. Worku did not answer question 81 correctly. Question 42 dealt with recrystallization as it relates to metal. The question asks the examinee to pick the answer which explains the reference to the term "recrystallization" in the question. Worku contends that there are two correct answers to question 42 and that the answer which he provided is one of the correct answers. The answer which Worku provided is not a correct answer. It refers to the process of annealing, which is the process of decreasing the toughness of a metal. Recrystallization can be a part, but is not always part of annealing. Recrystallization and annealing are not synonymous terms; thus Worku is not entitled to credit for question 42.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that a Final Order be entered finding that Amanuel Worku failed the Engineering Fundamentals Examination with a score of 69. DONE AND ENTERED this 5th day of January, 2001, in Tallahassee, Leon County, Florida. ___________________________________ Susan B. Kirkland Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 SUNCOM 278-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 5th day of January, 2001. COPIES FURNISHED: Amanuel Worku 18492 Northwest 52nd Path Miami, Florida 33055 Douglas Sunshine, Esquire Florida Engineers Management Corporation 1208 Hays Street Tallahassee, Florida 32301 Natalie A. Lowe, Executive Director Board of Professional Engineers 1208 Hays Street Tallahassee, Florida 32301 Barbara D. Auger, General counsel Department of Business and Professional Regulation 1940 North Monroe Street Tallahassee, Florida 32399-0792
The Issue Whether Petitioner is entitled to additional credit for his solutions to Problems 124 and 222 of the Principles and Practice of Engineering portion of the engineering licensure examination administered on October 30, 1998, by the National Council of Examiners for Engineers and Surveyors.
Findings Of Fact Based upon the evidence adduced at hearing, and the record as a whole, the following findings of fact are made: On October 30, 1998, as part of his effort to obtain a Florida engineering license, Petitioner sat for the Principles and Practice of Engineering Examination (Examination). This is a national examination developed and administered by the National Council of Examiners for Engineers and Surveyors (NCEES). Petitioner chose to be tested in civil engineering. Petitioner received a raw score of 47 on the Examination. For the civil engineering specialization, a raw score of 47 converts to a score of 69. To pass the Examination, a converted score of 70 is needed. Petitioner formally requested the NCEES to rescore his solutions to Problems 124, 125, and 222 on the Examination. At the time he made this request, Petitioner was aware that rescoring could result in the candidate's score being lowered (although he believed that, in his case, the outcome would be a higher, not a lower, score). Petitioner was wrong. The rescoring he requested resulted in his receiving a raw score of 43 (or a converted score of 65, 5 points less than he needed to pass the Examination). After being notified of the outcome of the rescoring, Petitioner requested the Florida Board of Professional Engineers to grant him a "formal administrative hearing" on the matter. Petitioner's request was granted. At hearing, Petitioner advised that he was challenging only the grading of his solutions to Problems 124 and 222 of the Examination, and that he was not pursuing his challenge to the score he had received for his solution to Problem 125. Problems 124 and 222 were worth ten (raw) points each. Problem 124 contained four subparts (or requirements). Petitioner received two (raw) points for his solution to Problem 124. Rescoring did not result in any change to this score. Due to mathematical errors that he made, Petitioner did not solve any of the subparts of Problem 124 correctly. Accordingly, in accordance with the requirements and guidelines of the NCEES scoring plan for this problem, the highest (raw) score that he could have received for his solution to this problem was a two, which is the score he received. Problem 222 contained five subparts (or requirements). Petitioner originally received a (raw) score of six for his solution to Problem 222. Upon rescoring, his (raw) score was reduced to two. In attempting to solve Problem 222, Petitioner overestimated the lateral earth pressure due to his misunderstanding of the term "equivalent fluid pressure" used in the problem. In addition, in his solution to subpart (a), he did not properly specify the appropriate bar size and spacing. Giving Petitioner a (raw) score of two for his solution to Problem 222 was consistent with the requirements and guidelines of the NCEES scoring plan for this problem.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that a final order be entered rejecting Petitioner's challenge to the failing score he received from the NCEES on the Principles and Practice of Engineering portion of the October 30, 1998, engineering licensure examination. DONE AND ENTERED this 4th day of October, 1999, in Tallahassee, Leon County, Florida. STUART M. LERNER Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 SUNCOM 278-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 4th day of October, 1999.
