The Issue Whether Petitioner's application for the Principles and Practice Examination has met the requirements set forth in Subsection 471.013(1)(a), Florida Statutes (2006),1 and Florida Administrative Code Rule 61G15-20.002(1)(b).
Findings Of Fact On or about April 27, 2006, Petitioner filed an application (Application) with the Board seeking to take the Principles and Practice Examination for professional engineers. Petitioner is not licensed in any other state as a professional engineer. Petitioner is a resident of Florida, who is of good moral character, and completed his bachelor's degree in electrical engineering from Ohio State University in December 1999. On August 5, 2006, Petitioner was awarded the degree of Master's of Science in Electrical Engineering from UCF. Petitioner is seeking to take the Florida Professional Engineering Examination in the area of electrical engineering. Section 7 of the Application for the Licensure by Examination directs the Applicant to do the following: List, in order, all employment experience. A minimum of four years experience must be evidenced at time of submitting your application. All engineering experience after graduation or prior to graduation shall be verified by professional or practicing engineers. Non- engineering experience or periods of unemployment shall be listed, but is not required to be verified. List employment beginning with earliest experience. Refer to attached copy of Rule 61G15-20.002. Column # 1 of Section 7 directs the Applicant to identify the Experience Number. Column # 2 of Section 7 directs the Applicant to list Dates of Employment, Month, Day, and Year. Column # 3 of Section 7 directs the Applicant to list Title of Position, Names and complete address of the firm and immediate supervisor. Column # 4 of Section 7 directs the Applicant to list Total Time in # of Months in Professional (Engineering Related) and Non-Professional (Non-Engineering Related) work. Column # 5 of Section 7 directs the Applicant to provide the following: Details pertaining to nature of work. Distinguish clearly between professional and non- professional duties and responsibilities. For each employment, describe explicitly, but concisely, the work you did and one engineering decision you were required to make. Attach exhibits as necessary. Refer to definitions in Section 471.005, Florida Statutes, and Rule 61G15, Florida Administrative Code, when defining work, see attached copy of rule. All experience, whether or not engineering, shall be accounted for on this application. (Emphasis in Original) Petitioner listed four separate professional experiences under Section 7. From August 1, 1995, to March 1, 2000, Petitioner served as a research assistant in the Electroscience Laboratory at the Ohio State University, while studying for his degree in electrical engineering. Petitioner assisted Ph.D. researchers to investigate electrical phenomena built electrical research devices, in a laboratory setting. From March 1, 2000, to March 1, 2001, Petitioner was employed as an electrical engineer for Weldon Technologies in Columbus, Ohio, where he worked on design, construction and manufacture of electrical systems for integration onto mobile devices. Petitioner worked on designs for digital systems, multiplying systems, vehicle systems, mobile vehicle response systems, emergency vehicles, and airplane/aerospace powered supply designs. From March 1, 2001, to December 1, 2001, Petitioner was employed as an electrical engineer for National Technical Systems in Foxborough, Massachusetts, where he worked to design, construct and perform electrical testing for domestic and international certification requirements and compliance verification. From December 1, 2001, to the present, Petitioner has been employed as an electrical engineer for the Harris Corporation in Palm Bay, Florida, where he works to design and analyze electrical systems for performance and qualification verification on aircraft, mobile vehicles, and space communication systems. Although staff had recommended that Petitioner's application be approved, Petitioner understood that the Board had to hear and approve the application. Petitioner completed the application form himself and felt that he had fulfilled all of the requirements set forth in the Application, including those contained in Column 5 of Section 7. Although Petitioner testified as to the details of the nature of the work he did at each of his employments after graduation, Petitioner failed to describe explicitly the work he did as required in Section 7, Column 5. Petitioner was required to describe explicitly, but concisely, one engineering decision he was required to make during the course of his employment. Petitioner failed to do so on his application or at the formal hearing. Petitioner has failed to show that he has met the requirements, set for in the Florida Statutes and in the Florida Administrative Code Rules, that he is entitled to sit for the Principles and Practice Examination for Professional Engineers.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that: The Board of Professional Engineers enter a final order denying the application of Petitioner, Larry Freeman, for application for the Principles and Practice Examination. DONE AND ENTERED this 23rd day of February, 2007, in Tallahassee, Leon County, Florida. S DANIEL M. KILBRIDE 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 23rd day of February, 2007.
The Issue Whether Petitioner is entitled to credit for his answers to Questions 34, 65, and 75 on the Fundamentals of Engineering portion of the engineering licensure examination administered on the morning of April 15, 2000, 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 April 15, 2000, as part of his effort to obtain a license to practice as an engineer intern in the State of Florida, Petitioner sat for the Fundamentals of Engineering Examination (Examination). This was a national multiple-choice examination developed and administered by the National Council of Examiners for Engineers and Surveyors (NCEES). The Examination was divided into two sessions: a morning session (AM Part), which tested "lower division subjects" (that is, "the first 90 semester credit hours . . . of engineering course work for a typical bachelor engineering degree program"), and an afternoon session (PM Part), which tested "upper division subjects" (that is, "the remainder of the engineering course work"). Questions on the AM Part were worth one raw point each. Questions on the PM Part were worth two raw points each. The NCEES provided candidates taking the Examination with a Fundamentals of Engineering, Discipline Specific, Reference Handbook (Reference Handbook) that they were allowed to refer to during the Examination. The Reference Handbook, as noted in its Foreword, "contain[ed] only reference formulas and tables; no example problems [we]re included." Petitioner received a total raw score of 104 on the Examination (54 for the AM Part and 50 for the PM Part). According to the NCEES's Score Conversion Table, a raw score of 104 converted to a score of 69. To pass the Examination, a converted score of 70 (or 107-109 raw points) was needed. Accordingly, Petitioner fell three raw points short of receiving a passing score. Petitioner has formally requested that the grading of his answers to Questions 34, 65, and 75 of the AM Part be reviewed. He received no credit for any of these answers. Had these answers been deemed correct (and he received one raw point for each answer), he would have passed the Examination (with a converted score of 70). Question 34 of the AM Part was a clear and unambiguous multiple-choice question that covered subject matter (integral calculus) with which Petitioner and the other candidates should have been familiar. There was only one correct answer to this question, and it was among the responses from which the candidates had to choose. Petitioner chose another answer that was clearly incorrect because it represented a particular solution or expression, and not the "general expression" (representing all solutions) called for by the question. He therefore appropriately received no credit for his answer. Questions 65 and 75 of the AM Part, like Question 34, were clear and unambiguous multiple choice questions that covered subject areas (centroids and thermodynamics, respectively) with which Petitioner and the other candidates should have been familiar. Each of these questions, again like Question 34, had only one correct answer that was listed among the choices from which the candidates had to choose. To answer each question correctly, the candidates had to use a formula that was set forth in the Reference Handbook (on page 21 in the case of Question 65 and on page 46 in the case of Question 75). Petitioner selected neither the correct answer to Question 65, nor the correct answer to Question 75, and therefore was not entitled to any credit for his answers to these questions.
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 Fundamentals of Engineering portion of the April 15, 2000, engineering licensure examination. DONE AND ENTERED this 15th day of November, 2000, 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 15th day of November, 2000.
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
Findings Of Fact Based upon my observation of the witnesses and their demeanor while testifying, the arguments of counsel and the entire record compiled herein, the following relevant facts are found. Gary L. Wheeler, Respondent, is a graduate of Bob Jones University, having received a Bachelor of Science degree therefrom in accounting in 1974. On July 27, 1979, Respondent received his California certificate as a certified public accountant. Thereafter, Respondent filed an application to obtain a reciprocal C.P.A. certificate in Florida based on his certificate issued by the State of California (Certificate No. E-28234). His application was denied by the Petitioner on October 26, 1979, for the following reason: Applicant failed to satisfy the requirements set forth in Section 7(3)(b), Chapter 79-202, Laws of Florida, inasmuch as the license issued to Gary L. Wheeler in California is not issued under criteria substantially equivalent to that in effect in Florida at the time the California license was issued. Bob Jones University was not recognized as an accredited university in Florida by the Board when Respondent received his California certificate inasmuch as it was not listed among the institutions of postsecondary education by the Council on Postsecondary Accreditation (COPA). During September, 1976, Petitioner adopted the COPA list of schools as the schools from which it would accept graduates to sit for its examination. This was done for the avowed purpose of ensuring minimum competence and technical fitness among the ranks of Florida accountants. Douglas H. Thompson, Jr., the Petitioner's Executive Director since 1968, is the Board's chief operating officer and carries out its functions respecting applications for licensure. As such, Mr. Thompson was the person charged with examining Respondent's application pursuant to his California certificate to determine whether the Respondent's certificate was issued under criteria "substantially equivalent" to Florida's licensing criteria. Respondent's application was considered by the Board on two (2) occasions and rejected because Respondent's alma mater, Bob Jones University, is not listed among the accredited schools and universities by COPA. See Sections 473.306; 473.307 and 473.308, Florida Statutes, as amended; and Chapter 21A-28.06, Florida Administrative Code. As an aside, it was noted that the Board, in adopting its procedure for evaluating the criteria for applicants who were seeking to obtain certificates based on the reciprocal qualifications guidelines also adopted other equivalency procedures which provide Respondent an alternative method for which he may obtain a Florida certificate. In this regard, Respondent is only approximately six (6) quarter hours away from obtaining his certificate under the alternative equivalency procedures established by the Board. See Chapters 21A-9.01 through 9.04(4), Florida Administrative Code.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is hereby RECOMMENDED that Respondent's appeal of the Board's action in denying his application for a reciprocal license to practice public accounting based on the issuance of his California certificate be DENIED. DONE AND ORDERED in Tallahassee, Leon County, Florida, this 26th day of March, 1980. JAMES E. BRADWELL Hearing Officer Division of Administrative Hearings Oakland Building 2009 Apalachee Parkway Tallahassee, Florida 32301 (904) 488-9675
The Issue The issues presented are: (1) whether or not Respondent wrongfully eliminated materials from the Candidate/Petitioner during the April 19, 1990 engineering examination, and if so, (2) whether the Candidate/Petitioner received a failing grade because the materials were wrongfully eliminated.
Findings Of Fact The Petitioner (#100021) received a score of 69.0 on the Professional Engineer Fundamentals Examination given April 19, 1990. A minimum passing score was 70.0 on the examination which is written by National Council of Engineering Examiners and graded by Education Testing Service. (Transcript Pages 36 and 39) Prior to the April 1990 examination, the Board sent each candidate a letter, dated December 18, 1989 (Exhibit P-1) (Transcript Page 9 and 12), which said, "No review publications directed principally toward sample questions and their solutions of engineering problems are permitted in the examination room." (Transcript Page 31). The candidates were also provided with a "Candidate Information Booklet" dated January 1990 (Exhibit R-1, Transcript Page 77). The booklet states on page 14, "No books with contents directed toward sample questions or solutions of engineering problems are permitted in the examination room." (Transcript Pages 77 and 96). Petitioner, who also took the October 1989 examination had received notice at that examination that the Board of Engineers intended to change the procedure allowing reference materials in the examination. (Transcript Page 89 and Respondent's Exhibit 2.) The Board of Professional Engineers advised the examination supervisor and proctors that no engineering "review" materials would be allowed in the examination although engineering "reference" materials could be brought into and used for the examination. However the books which were excluded included books without "review" in the title, books with "reference" in the title, and books which contained problems and solutions. Before the examination began Deena Clark, an examination supervisor, read over a loud speaker system names of books that would not be permitted (Transcript Page 81). Practice examination and solution manuals were not allowed for use by engineering candidates (Transcript Pages 93 and 94). Schram's outlines and other materials were also excluded (Transcript Page 91). Also excluded was Lindeburg's 6th edition, "Engineering In Training Review Manual." (Transcript Pages 16 and 79). This decision was verified by the Board before the examination began (Transcript Page 81). After the examination had begun, Ms. Clark announced that the candidates could put certain copyrighted materials in a three-ring binder and use them which had been excluded earlier (Transcript Page 85). This was in response to candidates who needed economics tables for the examination However, no time was provided the candidate to prepare these references and only one minute was added to the examination time. (Transcript Page 85). Petitioner did not bring any economic tables to the examination site except those contained in books which were not allowed in the examination. (Transcript Page 19). Petitioner did not remove the economic tables and permitted references from the Lindeburg's review manual until lunch and these tables were not available to him on the morning examination. (Transcript Pages 22 and 88). Of the six engineering economics questions on the morning portion for the examination, the candidate correctly answered four. No data was provided on the nature of these questions. The Candidate correctly answered 53 questions in the morning (weighted x 1) and 23 questions in the afternoon (weighted x 2) for a total of 99 weighted required points. He answered eight questions correctly in the "addition" portion of the examination. The table for eight additional questions correct in the "Scoring Information Booklet" used in determining the candidates final grade shows the adjusted equated score was 126 and his scaled score was 69. (Page 21 of booklet). The value of each economics question converted to final scoring scale was enough that passage of one economics question would have resulted in passage of the examination. The exclusion of certain materials from the examination was arbitrary and capricious and was done by a few individuals without any stated objective standard published by the board. Further, the board knew before the examination which books were to be excluded and could have notified examinees of the exact items to be excluded. The Board's generally poor handling of this matter is exemplified in announcing after the examination had begun that items previously excluded could be used if placed in a ring binder but not allowing any time to prepare such materials. (Tx. pgs., 74-80, 84-86, and 91-97) The Petitioner would have used several tables which were excluded if the announcement had been made before the morning examination began with time to put the items in acceptable form. After notifications in October 1989, December 1989, and January 1990, Petition admitted that he did not call the Board of Professional Engineers to ask for guidance on books that would not be allowed on the April 1990 examination (Transcript Page 29). However, a final decision on books to be excluded was not made until approximately two weeks before the examination. The Petitioner did not show that the two questions which he missed on the Engineering Economics portion of the morning examination were missed for lack of the tables. The examination is a national examination and there is no evidence that the requirements and limits established by the Board in Florida were applicable nationwide. To alter the national instructions locally potentially adversely affects Florida results.
Recommendation Based upon the foregoing findings of fact and conclusions of law, it is recommended that the Petitioner be permitted to take the examination without charge on one occasion. RECOMMENDED this 27th day of March, 1991, in Tallahassee, Florida. STEPHEN F. DEAN 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 27th day of March, 1991. 1/ The general information provided to examinees by the State Board regarding the values of questions on the examination and scoring it misleading or inaccurate because neither the weighted required score nor the adjusted score was 48% of 80, 280, or any other number related to the scaled score of 70. The manner in which these values are associated with the scale score of 70 is contrary to the Board's explanation and is not self evident. This is a potential problem if the matter were formally challenged, and it appears the Board needs to reassess its procedures and instructions. APPENDIX TO RECOMMENDED ORDER, CASE NO. 90-5728 The Petitioner did not submit proposed findings. The Respondent submitted proposed findings which were read and considered. The following proposed findings were adopted or reject for the reasons stated: Adopted. Issue not fact. - 4. Rejected. Preliminary statement not fact. 5. -12. Adopted. Rejected. Preliminary statement not fact. Rejected as irrelevant. Rejected as preliminary statement. Adopted. Adopted. COPIES FURNISHED: Alan K. Garman Civil-Tech, Inc. 3573 Commercial Way Street B Spring Hill, FL 34606 William F. Whitson, Law Clerk Department of Professional Regulation 1940 North Monroe Street Tallahassee, FL 32399-0792 Rex Smith Executive Director Board of Professional Engineers Department of Professional Regulation 1940 North Monroe Street Tallahassee, FL 32399-0792 Jack McRay, General Counsel Department of Professional Regulation 1940 North Monroe Street Tallahassee, FL 32399-0792
The Issue Whether Petitioner is entitled to additional credit for his responses to question numbers 21 and 24 of the Principles and Practice of Engineering Examination administered in April 1998.
Findings Of Fact Petitioner took the April 24, 1998 professional engineering licensing examination with an emphasis in civil engineering. A score of 70 is required to pass the test. Petitioner obtained a score of 69. In order to achieve a score of 70, Petitioner needs a raw score of 48. Therefore, Petitioner is in need of at least one additional raw score point. Petitioner is challenging question numbers 21 and 24. They are both multiple-choice questions and worth one point each. Exhibit 10 contains a diagram for the candidate's use in answering question numbers 21 and 24. Question 21 requires the examinee to calculate the percentage of wooded land on the diagram. The diagram contains a rectangle labeled "woodlot," and within the rectangle are three non-contiguous areas marked with schematics of trees. The Petitioner reduced the percentage of wooded area to conform to the portion of the area labeled "woodlot" marked with schematics of trees. In regard to question number 21, the Petitioner asserts that as a matter of convention, by failing to put the trees everywhere in the wooded lot, one may assume that there are trees only where there is a schematic of the trees. The Petitioner's challenge was rejected on the basis that the scorer opined that it is standard practice that drawings are only partially filled with details, and the most reasonable interpretation of the site plan drawings is that the woodlot fills the entire area enclosed by the rectangle. John Howath, a professional engineer, testified regarding accepted conventions in engineering drawings. In Howath's opinion the drawing on the examination used inconsistent methodologies and was confusing regarding whether all of the area designated by the label or "call out" of woodlot was in fact wooded. Both the Petitioner and Mr. Howath referred to drawings in the Civil Engineering Reference Manual which showed areas on drawings totally covered with visual indications of a particular material or condition. Peter Sushinsky, a professional engineer, testified as an expert for the Respondent. Mr. Sushinsky acknowledged the Petitioner's exhibits; however, Mr. Sushinsky noted that these were only a few examples of drawings that are available. Mr. Sushinsky referenced construction drawings he had seen in his practice with partial "cross-hatching" just like the diagram on the examination. In sum, Mr. Sushinsky's experience was that diagram might be totally or partially "cross-hatched." In Mr. Sushinsky's opinion it was not a bad diagram, only subject to a different interpretation by a minor group. Question number 24 asked the candidate to calculate the weir peak discharge from the catchment area using the rational formula. The Petitioner asserts the question is misleading and should read, "What is the peak discharge from the watershed?" The Petitioner bases his assertion on the ground that the "rational formula" is used to compute discharge from a watershed not a weir, as mandated by the question. The scorer did not address the Petitioner's concerns. The scorer stated, "It is clear from the item statement that the weir equation is not to be used." However, the questions ask the candidate to compute the weir discharge. Jennifer Jacobs, a professor of engineering, testified regarding the rationale formula that it was used to calculate watershed discharge and not weir discharge. All experts agreed that the rational formula is not used to compute weir discharge. The experts all agree that the question was confusing because the rational formula is not used to calculate the discharge from a weir. The Respondent's expert justifies the answer deemed correct on the basis that if one uses the rational formula and computes the watershed discharge, one of the answers provided is close to the result. The Respondent's expert calculated the watershed discharge as 230.6 cubic feet per second (cfs). The answer deemed correct was 232 cfs. The expert stated the weir attenuates flow. If the weir attenuates flow one would expect an answer less than 230.6 cfs., not an answer equal to or greater than 230.6 cfs. The amount of attenuation is based upon the physical features of the impoundment area and the mouth of the weir. Weir Attenuation varies. The only answers smaller than 230.6 are 200 or 32. Is the 232 cfs. answer wrong because it does not allow for attenuation by the weir? How much did the weir attenuate the flow? Under these facts, the question is capricious. The Respondent argues that the Petitioner didn't follow instructions while acknowledging that the "correct" answer is not the answer to the question that was asked.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law set forth herein, it is RECOMMENDED: That the Respondent enter a final order awarding Petitioner two raw points and a passing score on the Principles and Practice of Engineering Examination. DONE AND ENTERED this 20th day of May, 1999, in Tallahassee, Leon County, Florida. STEPHEN F. DEAN 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 20th day of May, 1999. COPIES FURNISHED: Mark W. Nelson 720 Northwest 31st Avenue Gainesville, Florida 32609 Natalie A. Lowe, Esquire Board of Professional Engineers 1208 Hays Street Tallahassee, Florida 32301 Dennis Barton, Executive Director Board of Professional Engineers 1208 Hays Street Tallahassee, Florida 32301 William Woodyard, 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 her solution to Problem 120 on the Principles and Practice of Engineering portion of the engineering licensure examination administered on April 14, 2000, 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 April 14, 2000, as part of her 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 46 on the Examination. For the civil engineering specialization, a raw score of 46 converts to a score of 68. To pass the Examination, a converted score of 70 is needed. Petitioner formally requested that her solution to Problem 120 on the Examination be rescored. Petitioner's written request was referred to the NCEES. The NCEES's rescoring of Petitioner's solution to Problem 120 resulted in her receiving no additional points. The Board received the NCEES's rescoring results on or about December 5, 2000. After receiving a letter from Petitioner (dated December 14, 2000) requesting a "formal hearing," the Board referred the matter to the Division. Problem 120 was worth ten raw points. Petitioner received six raw points for her solution to Problem 120. In her solution to Problem 120, Petitioner failed to properly take into consideration the height of the water table, did not compute the factor of safety for load-bearing capacity in the manner required, and made an arithmetic mistake. Therefore, in accordance with the requirements and guidelines of the NCEES's scoring plan for this problem, the highest raw score that she could have received for her solution to this problem was a six, which is the score she received. In rescoring Petitioner's solution to this problem, the NCEES rescorer made the following "comments": The examinee made three errors. The solution approved by the Civil Engineering Exam committee called for a correction in requirement (a) for the mid height water table. The examinee ignored this correction. A two point grade reduction is called for. The examinee made a numerical error in evaluating the bearing capacity equation. This error called for a one point grade reduction. In evaluating the factor of safety the examinee added an erroneous load factor. A two point grade reduction is called for. With a total of five grade points lost a final grade of six is called for. SCORER'S RECOMMENDATION: Recommended score = six There has been no showing that the rescorer's analysis was in any way flawed.
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 she received from the NCEES on the Principles and Practice of Engineering portion of the April 14, 2000, engineering licensure examination. DONE AND ENTERED this 16th day of April, 2001, 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 16th day of April, 2001.
The Issue The issue in this proceeding is whether Michael Reggia meets the Florida licensure requirements for a professional engineer in the field of manufacturing engineering. The issue is specifically whether the practice and principles portion of the licensing exam was valid. Procedural Matters At the final hearing, Petitioner, Michael Reggia testified in his own behalf and presented the testimony of manufacturing engineer, Howard Bender. Petitioner's exhibits #1 and #2, letters from Martin Marietta Aerospace and Harris Corporation, were rejected as hearsay. Exhibit #3, selected pages from Fundamentals of Engineering, published by the National Council of Engineering Examiners, was admitted without objection. Respondent presented two witnesses: Cass Hurc, P.E. (by deposition, by agreement of the parties) and Allen Rex Smith, Executive Director of the Board of Professional Engineers. Respondent initially submitted four exhibits: #1 and #4 were admitted without objection, #2(a) and #2(b), were admitted over Petitioner's objection, and #3 was withdrawn. The parties requested and were given 20 days to submit post-hearing briefs and proposed orders. On September 15, 1986, Petitioner filed his arguments and summary of she testimony and evidence. Nothing was filed by Respondent.
Findings Of Fact Michael Reggia resides in Titusville and works at the Kennedy Space Center. He is licensed in the state of California as a professional engineer and has practiced in the field of manufacturing engineering. California, like Florida, does not license an individual in a particular discipline of engineering but requires that an individual select an area in which he or she will be tested. Mr. Reggia took the professional engineering license exam in Florida in October 1985. For part two of the examination, Professional Practice and Principles, he chose to be tested in his field of manufacturing engineering. He achieved a score of 64.4; in order to pass, a score of 70 is required. The examination given in Florida is a national examination produced by the National Council of Engineering Examiners (NCEE) for certification or licensure throughout the United States. The October 1985 exam was developed based upon an extensive survey study initiated by NCEE in 1979. A report of that study was published in March 1981 as "A Task Analysis of Licensed Engineers". (Respondent's exhibit #4) The primary purpose of the study was to aid NCEE in developing"... fair, meaningful, uniform, and objective standards with which to measure minimum competency for professional licensure." (exhibit #4, page E1) In drafting an exam the NCEE relies on the societies representing various engineering disciplines to submit examination problems for consideration. The Society of Manufacturing Engineers, through its professional registration committee, provides that service on behalf of the manufacturing engineers. The October 1985 examination for manufacturing engineers did not include questions relating to electrical engineering, which is Mr. Reggia's sub- area of emphasis in the area of manufacturing engineering. Since manufacturing engineering includes overlap into the basic engineering disciplines, Mr. Reggia contends the exam was one-sided and invalid as he felt it concentrated on tool designing and mechanical engineering. Some industries, particularly the aerospace industries now include a substantial number of electrical engineers on their staff. Engineering is an evolving discipline and manufacturing engineering has undergone changes with new technologies in recent years. One way of addressing the diversity and changes in the field is to provide a two-book exam that would offer the applicant a wider variety of problems from which he or she could select. This has been recommended to the NCEE by the Society of Manufacturing Engineers. Another approach, and the one utilized by the NCEE, is to conduct periodic surveys to determine the tasks which engineers are actually performing and the level of judgement required to perform the tasks effectively. It would be impossible, and perhaps inappropriate to develop an exam that would test each individual only on his or her particular expertise. In the area of manufacturing engineering the exams developed by NCEE are passed by 65- 75 percent of the candidates, a rate which is comparable to that of the mechanical engineers for their exam. Seven out of ten applicants passed the same exam which Mr. Reggia took in October 1985.
Findings Of Fact Petitioner attended the University of Dayton in Dayton, Ohio, for five semesters beginning in 1966 and ending in 1969. In the first term of the 1967-1968 school year, Petitioner registered for five academic subjects. He received two failing grades and was officially withdrawn from a third class: COURSE DESCRIPTION GRADE CR PTS PSY 201 INTRO PSYCHOLOGY C 3 6 HST 270 ECONOMIC HST OF U.S. D 3 3 ENG 205 MAJOR WORLD WRITERS F 3 0 MIL 201 SECOND YEAR BASIC F 1 0 POL 201 AMER. GOVT-NATL. W 3 0 HRS 10.0 PTS 9.0 AVE 0.9000 ACADEMIC DISMISSAL In the first term of the 1968-1969 school year, Petitioner registered for six academic subjects. He received two failing grades and was officially withdrawn from a third class: COURSE DESCRIPTION GRADE CR PTS ENG 201 POETRY & THE NOVEL C 3 6 FRN 202 INTERM FRENCH II C 3 6 MIL 201 SECOND YEAR BASIC W 1 0 PHL 306 EPISTEMOLOGY F 3 0 POL 303 STATE AND LOCAL GOV F 3 0 POL 306 INTERNATIONAL LAW C 3 6 HRS 15.0 PTS 18.0 AVE 1.2000 ACADEMIC DISMISSAL Petitioner testified that these unsatisfactory grades were not the true evaluation of his academic performance. He claims that they were awarded by professors who refused to follow policies relating to unlimited cuts, attendance, withdrawal, and nonpayment/financial aid adopted by the university in the late 1960s. The record contains copies of the applicable university policies. However, there is no record evidence that the University of Dayton ever corrected Petitioner's transcript to reflect his alleged true academic standing. In 1992, Petitioner began attending Saint Thomas University in Miami, Florida, to complete his education and prepare for a teaching career. Petitioner discussed his prior academic history with a friend, Jeanette Gendron. Ms. Gendron was very concerned that the failing grades from the University of Dayton would adversely impact Petitioner's career in general and his application for a teaching certificate in particular. Petitioner was aware of Ms. Gendron's concerns as they discussed them over the years. Petitioner graduated from Saint Thomas University, Miami, Florida, in May of 1993 with a B.A. degree. On or about June 29, 1993, Petitioner filled out and executed an application for a Florida teaching certificate in the field of Social Science, grades six (6) through twelve (12). On said application, Petitioner signed the following sworn statement: I hereby certify that I subscribe to and will uphold the principles incorporated in the Constitutions of the United States of America and the State of Florida. I understand the Florida Statutes provide for the revocation of an Educator's Certificate if evidence and proof are established that the certificate has been obtained by fraudulent means. I further certify that all information pertaining to the application is true, correct, and complete. Petitioner was residing in Hollywood, Broward County, Florida, at the time he signed this statement. Petitioner filed this application with Respondent on or about June 19, 1993. In November of 1993, Petitioner was attending graduate school in Connecticut. In order to expedite the processing of his application, Petitioner asked his friend, Ms. Gendron, to search his personal records in Florida for a copy of his grade transcript from the University of Dayton. Ms. Gendron found the transcript and made a copy with the following alterations: (1) She changed the unsatisfactory grades to Bs and Cs; (2) She made corresponding changes in credit hours, quality points and grade point averages for two terms; (3) She eliminated the words "Academic Dismissal" for three terms; and (4) She eliminated the words "Readmitted to College of Arts and Sciences, Jan. 1968." After making these alterations on or about November 25, 1993, Ms. Gendron sent the transcript from Florida to Connecticut to Petitioner so he could send it to Respondent. There is no evidence that Petitioner asked Ms. Gendron to alter the transcript. However, Petitioner's testimony that he did not know about the alterations is not persuasive. He knew how Ms. Gendron felt about the bad grades and, according to Ms. Gendron's affidavit, he had the opportunity to review the transcript before he sent it to Respondent. Respondent even testified that: She (Ms. Gendron) told me she was doing it because she didn't like the look of them. She didn't like the grades. She thought that I would be doing better than that. And, we discussed this previously. I did discuss it over the years. About two years ago I discussed it with her, that what had happened, especially before May of 1993, I discussed it. The record copy of this first altered transcript appears to bear the seal of a Notary Public from Connecticut and the date "Nov. 30, 1993" typed in the lower left corner. Respondent received this transcript on or about December 7, 1993. On December 27, 1993, Ms. Gendron altered another copy of Petitioner's grade transcript from the University of Dayton. Using liquid paper and a stamp, she attempted to match the second transcript to the one she sent to Petitioner on November 25, 1993. However, there are obvious differences in the two altered transcripts. The second time she changed the words "Academic Dismissal" to "Academic Evaluation" for three terms. She also did not eliminate the words "Readmitted to College of Arts and Sciences, Jan. 1968." Ms. Gendron used a stamp to make it appear that the corrected transcript was officially approved and initialed by the University of Dayton Registrar. Ms. Gendron's affidavit states that she sent the second altered transcript directly to Respondent on December 31, 1993, and that Respondent should have received it in the first week of January, 1994. However, the alleged stamp and initial of the Registrar is dated January 5, 1994. The transcript also has the date "Jan. 5, 1994" typed in the lower left corner. Upon receipt of the second altered transcript, Respondent notified Petitioner of the differences in the documents. Petitioner asked the University of Dayton to send an official transcript directly to Respondent. On or about February 1, 1994, Respondent received an official transcript from the University of Dayton showing the failing grades for the first term of the 1967-1968 school year and the first term of the 1968-1969 school year along with the correct number of credit hours earned, quality points accumulated, and grade point average. In February of 1994, Petitioner filled out and executed a second application for a Florida teaching certificate in the field of Political Science, grades six (6) through twelve (12). On February 11, 1994, Petitioner signed the second application containing a sworn statement identical to the one set forth above in paragraph nine (9). Respondent received this application on February 15, 1994. By letter dated March 7, 1994, Respondent notified Petitioner that Professional Practices Service would review the official transcript from the university which differed from the original official transcript submitted on Petitioner's behalf. Respondent advised Petitioner that further processing of his application was pending clearance from Professional Practices Service. By letter dated June 24, 1994, Respondent informed Petitioner that his application for certification in Political Science (filed on February 15, 1994) was void and that Respondent would refund the $54 application fee. Respondent advised Petitioner that it was unnecessary to apply for certification in Political Science because that subject area was included in the broader field of Social Science. Respondent refunded the fee for the voided application by state warrant dated June 30, 1994. By Notice of Reasons dated July 12, 1994, Respondent informed Petitioner that his application for a Florida teaching certificate in the field of Social Science was denied. Petitioner worked as substitute teacher in Broward and Dade public schools in 1994 and earned good evaluations from his supervisors. He also taught Sunday School at St. Matthew Catholic Church where he serves as catechist. After receiving his B.A., Petitioner immediately began working towards a M.S. in guidance and counseling at Saint Thomas University. The record contains references from his professors emphasizing his potential as a teacher. Petitioner has completed all academic requirements to be qualified as a Social Science teacher. He has passed all required state teacher certification examinations. His application appears to be complete. Despite being otherwise qualified to hold a Florida teaching certificate, record evidence indicates that Petitioner knew the first two University of Dayton transcripts sent to Respondent incorrectly reflected his academic standing.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Education Practices Commission enter a Final Order denying the Petitioner's application for a Florida certificate, such denial to be without prejudice to refile a future application. DONE AND ENTERED in Tallahassee, Leon County, Florida, this 13th day of March, 1995. SUZANNE F. HOOD, Hearing Officer 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 13th day of March, 1995. APPENDIX The following constitutes my specific rulings pursuant to Section 120.59(2), Florida Statutes, on all of the Proposed Findings of Fact submitted by the parties to this case. Petitioner's Proposed Findings of Fact Rejected. More of a conclusion of law than a proposed finding of fact. Reject Petitioner's assertion that he did not "willfully violate any rules and regulations of the district school board or state Board of Education." See paragraph 24. Rejected. More of a conclusion of law than a proposed finding of fact. Rejected. See conclusions of law. Rejected. See conclusions of law. Rejected. See conclusions of law. Rejected. See conclusions of law. Rejected. See conclusions of law. Rejected. See conclusions of law. Respondent's Proposed Findings of Fact Accepted in paragraph 18 of this Recommended Order (RO) Accepted in paragraphs 9 & 18 of this RO. Accepted. Implicit in paragraphs 9 & 18 of this RO. Accepted in paragraph 24 of this RO. However, both of the falsified transcripts were submitted prior to the filing of the application dated February 11, 1994. Accepted. See paragraphs 11 & 14 of this RO. Accepted. See paragraphs 11 & 14 of this RO. Accepted. See paragraphs 2, 3, & 17 of this RO. Accepted in paragraph 19 of this RO. COPIES FURNISHED: Frank O'Neil Post Office Box 661 Hollywood, FL 33022-0061 J. David Holder, Esquire 1480 North Peidmont Way Tallahassee, FL Thomas Abrams, Esq. 1377 97th St. Miami, FL 33154 Karen Wilde, Executive Director Education Practices Commission 301 Florida Education Center 325 West Gaines Street Tallahassee, FL 32399-0400 Kathleen M. Richards, Administrator Professional Practices Services 352 Florida Education Center 325 West Gaines Street Tallahassee, FL 32399-0400
