The Issue Whether Petitioner is entitled to additional credit for his responses to Question No. 130 of the Principles and Practice of Engineering portion of the engineering licensure examination administered on April 23, 1999, by the National Council of Examiners for Engineers and Surveyors.
Findings Of Fact Petitioner, Dennis Vann (Petitioner), is an applicant for licensure as a professional engineer in the State of Florida. On April 23, 1999, Petitioner sat for the Principles and Practice Engineering Examination portion of the engineer licensure examinations. This is a national examination developed, controlled, and administered by the National Council of Examiners for Engineering and Surveying (NCEES). Petitioner received a raw score of 45 on this examination. For the electrical engineering discipline, a raw score of 45 results in a converted score of 67. A minimum converted score of 70 is required to pass this examination. A raw score of 48 results in a converted score of 70. Therefore, Petitioner needs an additional 3 raw score points to earn a passing score on the examination. Petitioner challenged the scoring of Question No. 130 on the examination and formally requested the NCEES to rescore his solutions to the question. The NCEES rescored Question No. 130 and determined that Petitioner was not entitled to any additional points for Question No. 130. For Question No. 130, the maximum score achievable was Petitioner received a score of 4 on that item. The NCEES developed and used an Item Specific Scoring Plan (ISSP) for each examination question. Question No. 130 was scored by the NCEES according to the ISSP for that question. Question No. 130 contains two subparts, which require the examinee to address four discrete requirements. Petitioner correctly calculated the bus current (requirement 3). However, Petitioner failed to properly calculate the busway loading and determination of adequacy (requirement 1), the bus impedance (requirement 2), and percent voltage drop (requirement 4). Petitioner's response to Question No. 130 was initially assigned a score of 4. However, if graded correctly, that response would have resulted in a score of 6. The credible testimony of Respondent's expert was that under the ISSP for Question No. 130, Petitioner is entitled to a score of 6 for his response. With a score of 6 for Question No. 130, Petitioner's raw score is increased to 47. A raw score of 47 results in a converted score of 69. Even with the 2 additional points awarded to Petitioner's response to Question No. 130, his score on the professional engineering licensure examination is still below 70 and is not a passing score. Question No. 130 provides all the necessary information for an examinee to solve the problem. Moreover, Question No. 130 is properly designed to test an examinee's competence in electrical engineering.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is hereby RECOMMENDED that a final order be entered concluding that Petitioner is entitled to a score of 6 points for his response to Question No. 130, and recalculating Petitioner's total score on the examination on the basis of that conclusion. DONE AND ENTERED this 21st day of April, 2000, 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 (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 21st day of April, 2000. COPIES FURNISHED: Dennis Vann Post Office box 23054 Tampa, Florida 33623 William H. Hollimon, Esquire Ausley & McMullen 227 South Calhoun Street Post Office Box 391 Tallahassee, Florida 32301-1884 Dennis Barton, Executive Director Department of Business and Professional Regulation Board of Professional Engineers 1208 Hays Street Tallahassee, Florida 32301 Natalie A. Lowe, Esquire Florida Engineers Management Corporation 1208 Hays Street Tallahassee, Florida Barbara D. Auger, General Counsel Department of Business and Professional Regulation 1940 North Monroe Street Tallahassee, Florida 32399
Findings Of Fact Petitioner, Carlos Martinez Mallen, is an applicant for licensure by endorsement to become a professional engineer in the State of Florida. He filed his application for licensure with the Florida Board of Professional Engineers (hereinafter "Board") in January 1988, relying on the facts that he was licensed in Spain approximately 25 years ago and has approximately 30 years of experience as a professional engineer. The Board subsequently determined that he could not be considered for licensure by endorsement. Petitioner has never taken a licensing examination in the United States which is substantially equivalent to the examination required for licensure by Section 471.013, Florida Statutes, and described in Chapter 21H, Florida Administrative Code. Further, Petitioner has never been licensed in any state or territory of the United States, although he does hold a license to practice engineering in Spain. On the other hand, Petitioner's engineering experience record shows that he has considerable experience in the practice of engineering which would meet the additional experience requirements of Section 471.013, Florida Statutes. The Board, having determined that Petitioner does not qualify for licensure by endorsement, performed an analysis of Petitioner's application to determine whether his degree from the University of Madrid was an engineering degree which might qualify him to sit for the 1icensure examination and to ascertain if Petitioner could obtain licensure by that alternative method. An analysis was made by the Board's Education Advisory Committee to determine whether the curriculum for Petitioner's degree from the University of Madrid met the requirements of Rule 21H-20.006, Florida Administrative Code. This analysis was specifically directed to determine whether Petitioner's curriculum conformed to the criteria for accrediting engineering programs set forth by the Engineering Accreditation Commission of the Accreditation Board of Engineering and Technology, Inc., (hereinafter "ABET"). The analysis of Petitioner's degree shows that, when compared with ABET criteria, Petitioner's engineering education was deficient four semester hours in mathematics and included no courses in engineering design, sixteen semester hours of which are required by ABET criteria. Further, Petitioner's education included no computer application of engineering design programs, a mandated requirement by ABET standards. Petitioner has never taken any of these courses subsequent to receiving his degree in Spain. Petitioner's degree, rather than being an engineering degree, is the equivalent of a bachelor's degree in chemistry. Petitioner's degree is significantly deficient in required course areas, so that it does not meet the Board's criteria. Petitioner thus cannot be considered as an applicant for examination since in order to sit for the professional engineer examination in the State of Florida, one must have an engineering degree which meets standards acceptable to the Board. Finally, Petitioner's background was reviewed to determine whether he could be considered for licensure under a different provision for licensure by endorsement. Petitioner has never held a professional engineer registration or license from another State of the United States. The Board has never interpreted the word "state" found in the statutes and rules regulating the licensure of professional engineers in Florida to include foreign counties. Petitioner is not a graduate of the State University System. Petitioner did not notify the Department before July 1, 1984, that he was engaged in engineering work on July 1, 1981, and wished to take advantage of a temporary educational waiver. As a result of the Board's review of all avenues to licensure available to Petitioner, Petitioner's application was denied either to sit for the examination to become a professional engineer or to be licensed by endorsement, unless and until he meets the educational requirements to sit for the professional engineer examination.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that a Final Order be entered denying Petitioner's application for licensure by endorsement and further finding that Petitioner's educational background does not meet the requirements necessary to take the examination to become licensed in the State of Florida. DONE AND ENTERED in Tallahassee, Leon County, Florida, this 28th day of March, 1990. LINDA M. RIGOT 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 March, 1990. APPENDIX TO RECOMMENDED ORDER, CASE NO. 89-5973 Petitioner's proposed paragraphs numbered 0.00, .10, .20, .30, .40, .50, 1.10, 1.20, 2.20, 3.10, 3.20, 3.40, 3.60, 4.10, 4.11, 4.13, 5.00, 5.30, 5.40, 5.41, 5.50, 5.51, 5.52, 6.00, 6.10, 6.20, 6.21, 6.22, 6.23, 6.24, 6.25, 6.26, 7.00, 7.40, and 7.50 have been rejected as not constituting findings of fact but rather as constituting argument or conclusions of law. Petitioner's proposed paragraphs numbered 1.21, 3.00, 4.00, 7.10, 7.20, 730, 7.41, 7.42, and 7.43 have been rejected as being contrary to the weight of the evidence in this cause. Petitioner's proposed paragraphs numbered 1.22 and 2.10 have been adopted either verbatim or in substance in this Recommended Order. Petitioner's proposed paragraphs numbered 3.30, 3.50, 3.70, 4.12, 4.20, 5.10, 5.11, and 5.20 have been rejected as being irrelevant to the issues involved in this proceeding. Respondent's proposed findings of fact numbered 1-8 have been adopted either verbatim or in substance in this Recommended Order. COPIES FURNISHED: John J. Rimes, III, Esquire Office of Attorney General Department of Legal Affairs The Capitol Tallahassee, Florida 32399-1050 Carlos Martinez Mallen 33C Venetian Way #66 Miami Beach, Florida 33139 Kenneth E. Easley, General Counsel Department of Professional Regulation 1940 North Monroe Street Tallahassee, Florida 32399-0792 Rex Smith, Executive Director Department of Professional Regulation Board of Professional Engineers 1940 North Monroe Street Tallahassee, Florida 32399-0792
The Issue The issue presented is whether Mr. Lord should be granted additional credit for his answer to question number 144 on the April 1990 Professional Engineer licensure examination.
Findings Of Fact Mr. Lord (Candidate #301402) received a score of 66.3 percent on the April 20, 1991, Principals and Practice portion of the Professional Engineer examination. A minimum passing score was 70.0 percent. Mr. Lord challenged the scoring of his response to question number 144. Question number 144 is an essay question involving an assembly line problem where four separate stations are used to assemble a product in sequence. A fifth station can assist in maximizing the number of finished products produced per hour, and is capable of performing all operations. The correct answer to question number 144 was 100 products per hour, while Mr. Lord's answer was 25 pieces per hour. Petitioner received a score of 2 (out of a possible 10) points on question number 144. This was based on the scoring plan developed for the exam by the National Council of Examiners for Engineering and Surveying. Mr. Lord used a method of averaging station assembly times to determine the maximum average number of products each station could produce. The averaging method gave a solution which did not identify the central issue presented by the essay question: identifying and eliminating the bottlenecks in production. Mr. Lord also made an assumption that the initial four stations could do all operations, thus defining the model inaccurately. This misreading allowed Mr. Lord to use an averaging methodology. Mr. Granata, the Department's expert, testified that it is a coincidence of the numbers that if you multiply Respondent's answer (25) by four (the initial number of machines) you get the Board's answer (100). Mr. Greenbaum, Petitioner's expert witness, testified that Petitioner's answer is "unique" and that he, as an expert, would have answered the question using a methodology similar to the one developed by the Department's expert, Mr. Granata, and by the NCEE (National Council of Examiners for Engineering).
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is recommended that the challenge to the grading of Mr. Lord's response to question 144 on the April 1990 Professional Engineer licensure examination be dismissed. RECOMMENDED this 14th day of March, 1991, at Tallahassee, Florida. WILLIAM R. DORSEY, JR. 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 14th day of March, 1991. COPIES FURNISHED: William F. Whitson, Law Clerk Department of Professional Regulation 1940 North Monroe Street Tallahassee, Florida 32399-0792 Curtis Lord 1416A Old Lystra Road Chapel Hill, NC 27514 Rex Smith, Executive Director Department of Professional Regulation Board of Professional Engineers 1940 North Monroe Street Tallahassee, Florida 32399-0792 Jack McRay, General Counsel Department of Professional Regulation 1940 North Monroe Street Tallahassee, Florida 32399-0792
The Issue Whether Petitioner meets the requirements of Section 471.015(3), Florida Statutes (2007), for licensure as a professional engineer by endorsement.
Findings Of Fact Petitioner attended Old Dominion University, Norfolk, Virginia, from fall of 1983, to May 16, 1987. He graduated May 16, 1987, with a Bachelor of Science Degree in Engineering Technology, with a major in Mechanical Engineering Technology. There is no affirmative evidence that Old Dominion University's curriculum demonstrates a deficient level of competence necessary to practice engineering in the State of Florida in the capacity of a Professional Engineer to protect public health and safety. There is no affirmative evidence of conditions unique to the State of Florida that warrant a level of competence beyond that demonstrated by Petitioner's Degree in Engineering Technology. Petitioner passed the National Council of Examiners for Engineering and Surveying Examination Part I (NCEES) Fundamentals of Engineering examination on April 11, 1987. Petitioner passed the NCEES Principles and Practices examination on October 27, 1995. Petitioner received a professional engineering license to practice in the Commonwealth (State) of Virginia on January 30, 1996. Petitioner received a professional engineering license to practice in the State of Alabama on May 30, 2003. Petitioner received a professional engineering license to practice in the State of Texas in 2005. Petitioner received a professional engineering license to practice in the State of Wisconsin in 2005. Petitioner applied for a Florida professional engineering license by endorsement on July 12, 2007. Petitioner has over four years' active engineering experience, meeting the requirements set forth in Section 471.013(1)(a), Florida Statutes. There is no evidence that the Florida Board of Professional Engineers requested supplemental information beyond that required by the Respondent's Application for Licensure by Endorsement, but Petitioner had every opportunity to present evidence in the present de novo proceeding. The Notice of Denial issued by the Florida Board of Professional Engineers on January 14, 2008, reads, in pertinent part: The Applicant does not satisfy the Education requirements of Chapter [sic] 471.015 that incorporates by reference Chapter [sic] 471.013 Florida Statutes. Your application failed to meet requirements of Section 471.013 (1) (a) F.S. Under this provision of the law, you must evidence a degree from an EAC/ABET accredited engineering program. You hold a Bachelor of Science in Engineering Technology Degree from Old Dominion University, Norfolk, Virginia. The Applicant does not have a Board approved degree.
Recommendation Based on the foregoing Findings of Facts and Conclusions of Law, it is RECOMMENDED that the Florida Board of Professional Engineers enter a final order denying Petitioner's application for licensure as a professional engineer by endorsement. DONE AND ENTERED this 28th day of July, 2008, in Tallahassee, Leon County, Florida. S ELLA JANE P. DAVIS 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 28th day of July, 2008.
The Issue The issue for consideration in this case is whether Petitioner should be awarded additional credit for his answer to question number 290, and thereby be given a passing grade on the Professional Engineer examination administered on October 25, 1996, in Orlando.
Findings Of Fact At all times pertinent to the issues herein, the Board of Professional Engineers (Board) was the state agency responsible for the examination and licensing of professional engineers in Florida. With the cooperation and assistance of the National Council of Examiners for Engineering and Surveying (NCEES), the Board conducts periodic examinations to test the qualifications of candidates for certification as professional engineers in this state. Such an examination was conducted in Orlando, Florida on October 25, 1996. Petitioner was a candidate at that examination. A minimum score for passing was 70. Petitioner received an overall score of 69. One of the questions posed to the candidates at that examination was question number 290, dealing with the design of a control system, which required the candidate to determine values for two parameters in such a fashion that the closed loop specifications stated as, "with K =20 the unit step response be a damped oscillation with a 10% overshoot and with a damped natural frequency of 15 rad/s" were met. In the answer to this question, the engineer has to arrive at parameters to give the desired step response within the stated percentages. According to Dr. Antonio Arroyo, an assistant professor of electrical and computer engineering at the University of Florida and an expert in electrical engineering, this subject matter is taught in a standard undergraduate controls course which is required in engineering schools nation-wide. The question in issue is a classic controls problem. The candidate is to reduce the diagram displayed in the examination question and give a closed loop description. Given that, the solution proceeds by taking the percentage of error and using it to back- track and arrive at the requested parameters, step by step. The examination is an open book examination. Because of the many formulae used in engineering, the candidate is permitted to use printed resources to assist in the solving of the problems. This formula involved in this problem is standard. Only the parameters cited in the test problem are different. In his answer to the question Petitioner cited to the page in his reference material where the solution is to be found, and he used the appropriate formula. In doing so, he could take the numbers presented in the problem and apply them to the standard problem solution contained in the reference book he had with him. It is a "plug and chug" situation wherein the candidate inserts the problem numbers into the given formula and makes the calculations. In order to take advantage of this opportunity, however, the candidate must decide how to use the information given. In this case, the problem involved a damped frequency of 15 hz and the candidate was required to calculate an undamped frequency. The Petitioner did not show that calculation in his solution, and it appears to Dr. Arroyo he missed the fact of the difference between the two frequencies. In Petitioner's solution, he listed what he saw as the data given, and though at no place did the problem show "Omega d", Petitioner put down "Omega d" but used "Omega n". In the expert opinion of Dr. Arroyo, an engineer should, at least, check his calculations. Examiners will give credit to a candidate if the candidate shows the appropriate knowledge of the concepts involved in the problem. In the instant case, Petitioner's answer to question 290 far exceeded the allowable 10% overshoot. His answer for "a" was 0.895, whereas the correct answer was 1.099. Whereas the allowable ten percent difference was .110, Petitioner’s overshoot was .204. His answer for "b" was 11.25, whereas the correct answer was 17.3. Whereas the allowable ten percent difference here was 1.73, Petitioner’s overshoot was 6.05. To Dr. Arroyo, this shows a concept error rather than a calculation error In substance, Petitioner utilized the correct formulae, but used incorrect data, and the use of the wrong data is sufficient to indicate his ignorance of the appropriate concepts. Petitioner’s expert, Dr. Garrett, who did not see the problem utilized in the examination and relied on information provided by Petitioner, concluded that Petitioner’s margin of error was within the 10% limitation. Here, notwithstanding the opinion to the contrary of Dr. Garrett, Petitioner's solution missed the authorized overshoot by a significant amount, far more than the allowable 10%. He should have known something was wrong when this happened and should have looked to see what he did wrong. In the opinion of Dr. Arroyo, the Petitioner did not adequately evaluate the problem consistent with acceptable engineering standards since the final product of his calculations did not meet the specifications of the problem. This is the purpose behind the professional certification process, and Petitioner should have recognized that his answer did not meet the required specifications. Petitioner received a score of six out of a possible ten for his solution to question 290. Dr. Arroyo is satisfied that the scoring plan of the NCEES for this problem is fair and he supports it. Petitioner’s expert, Dr. Garrett, a professional engineer and long-time professor of electrical engineering at the University of South Florida, disagrees. In his evaluation of the problem and the grading process used here, Dr. Garrett notes that problem 290 consisted of five parts, for each of which two points could be awarded. Petitioner correctly answered the first three parts and received a grade of six points. He missed part four, and part five was to use the results of parts three and four, with the proper equations, to determine the two answers required. Since Petitioner used the proper equations to figure his answer to part five, even though he did not get a correct answer to part four, which resulted in his numeric answer to part five being incorrect, Dr. Garrett is of the opinion that he should have received an additional two points for applying the proper formula in part five. Review of the scoring plan developed for this problem indicates that Petitioner met all the qualifications for award of six points, but he did not recognize the relationship of damped as opposed to undamped. He used incorrect data to arrive at "a" and "b" in that he did not identify the relationship between natural frequency and damped frequency. This is a basic problem of control systems which an undergraduate should be able to solve correctly. It is basic electrical engineering knowledge and not beyond that expected of an electrical engineer with a bachelor's degree in the field. Had Petitioner utilized the formula he used with the proper data, he would have been awarded credit for a correct answer even if his calculations were incorrect. Here, however, while Petitioner utilized the correct formula, he applied it to incorrect data, and it is this use of incorrect data which makes an award of a higher score inappropriate. The professional engineers’ examination is designed to test the individual's familiarity with engineering concepts and his ability to cast the problem into those concepts to solve the problem. Petitioner contends that his understanding of the concepts involved was correct and, therefore, even though he used the wrong figures, he should received credit for a correct answer or, at most, only 2 rather than 4 points should have been deducted. Though Petitioner utilized the correct formula for his solution to question 290, he applied the wrong values in the use of the formula. This indicates a lack of understanding of the concepts involved, and even though Petitioner used the proper formula, that formula came from the book he was permitted to use for the examination. He cannot be given full credit for copying the formula from the book. Had he used the correct values in his solution to the problem, he would have been given appropriate credit even if his calculations were wrong. After being notified of his unsuccessful exam results, Petitioner requested that his answer to question number 290 be resubmitted to NCEES for re-scoring, and this was done. By memorandum in response, dated July 10, 1997, the NCEES scorer concluded: The error in using undamped natural frequency for damped natural frequency in the examinee's solution is a major error. Whether the examinee did not recognize the function was in fact the undamped natural frequency, as given in the problem statement, or whether it was an oversight, it is still a major error since the outcome is significantly affected. The scorer, whose knowledge of the identity of the candidate was limited to a number only, recommended a score of "six" for Petitioner answer to this problem. There was no change from the initial scoring.
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 Petitioner additional credit for his answer to question number 290 on the principles and practice portion of the electrical engineering examination administered for the Board of Professional Engineers on October 25 and 26, 1996. DONE AND ENTERED this 17th day of December, 1997, in Tallahassee, Leon County, Florida. ARNOLD H. POLLOCK 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) 921-6947 Filed with the Clerk of the Division of Administrative Hearings this 17th day of December, 1997. COPIES FURNISHED: Bahman Behzadi Post Office Box 290931 Tampa, Florida 33687 R. Beth Atchison, Esquire Department of Business and Professional Regulation 1940 North Monroe Street Tallahassee, Florida 32399-0750 Lynda L. Goodgame General Counsel Department of Business and Professional Regulation 1940 North Monroe Street Tallahassee, Florida 32399-0700 Angel Gonzalez Executive Director Board of Professional Engineers 1940 North Monroe Street Tallahassee, Florida 32399-0792
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
Findings Of Fact In April 1995, Abraham S. Inlong (Petitioner) took the Electrical Engineer part of the Professional Engineering Examination (Examination). A minimum grade of 70 is required to pass the Examination. The Department of Business and Professional Regulation, Board of Professional Engineers (Respondent) notified Petitioner that he had failed the Examination, having received a grade of 69.10. The Examination is a national examination and is graded by national examiners. Respondent issues licenses to practice professional engineering in the State of Florida and administers the Examination on behalf of the State. Petitioner challenges, the answer selected by the national examiners to Problem 433, Question 6 of the Examination, which is A. Respondent selected D as the answer, which states that A, B, and C are all correct. As part of the instructions for candidates taking the Examination, the candidates were to choose the best answer. The best answer is the correct answer. Respondent's response to Problem 433, Question 6 was regraded by the national examiners. They denied Respondent any additional credit. The best and correct answer to Problem 433, Question 6 is the answer identified by Respondent as the answer by the national examiners, i. e., A. The answer selected by Petitioner is not the best and correct answer. A diagram is part of the challenged problem and question. The diagram is clear and unambiguous. The scope of knowledge required for the challenged problem and question is not beyond the knowledge reasonably expected from a candidate for licensure. The challenged problem and question contain sufficient information for a candidate for licensure to select the best and correct answer. Additional information was unnecessary, including whether the system was balanced or unbalanced. The challenged problem and question are clear and unambiguous. The challenged problem and question are not devoid of logic and reason. The challenged problem and question are valid. Statistics indicate that 60 percent of the candidates for licensure (candidates), who took the Examination, answered Problem 433 correctly and that 48 percent of the candidates answered Problem 433, Question 6 correctly.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Department of Business and Professional Regulation, Board of Professional Engineers, enter a final order dismissing Abraham S. Inlong's examination challenge and denying him licensure. DONE AND ENTERED this 1st day of August, 1996, in Tallahassee, Leon County, Florida. ERROL H. POWELL, 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 1st day of August, 1996. APPENDIX TO RECOMMENDED ORDER, CASE NO. 96-0031 The following rulings are made on the parties' proposed findings of fact: Petitioner's Proposed Findings of Fact Partially accepted in findings of fact 1 and 2. Partially accepted in finding of fact 4. Partially accepted in findings of fact 4 and 8. Partially accepted in finding of fact 7. Rejected as being not supported by the greater weight of the evidence, not supported by the more credible evidence, argument, or a conclusion of law. Rejected as being not supported by the greater weight of the evidence, not supported by the more credible evidence, argument, or a conclusion of law. Rejected as being not supported by the greater weight of the evidence, not supported by the more credible evidence, argument, or a conclusion of law. Rejected as being not supported by the greater weight of the evidence, or not supported by the more credible evidence. Rejected as being not supported by the greater weight of the evidence, or not supported by the more credible evidence. Respondent's Proposed Findings of Fact 1. Partially accepted in finding of fact 1. 2. Partially accepted in finding of fact 2. 3. Partially accepted in finding of fact 2. 4. Partially accepted in finding of fact 2. 5. See Preliminary Statement. 6. See Preliminary Statement. 7. Partially accepted in finding of fact 4. 8. Partially accepted in finding of fact 4. 9. Partially accepted in finding of fact 7. 10. Partially accepted in finding of fact 11. 11. Partially accepted in finding of fact 10. 12. Partially accepted in finding of fact 9. 13. Partially accepted in finding of fact 10. 14. Partially accepted in finding of fact 10. Partially accepted in findings of fact 9 - 12. Partially accepted in finding of fact 12. Partially accepted in finding of fact 6. Rejected as being subordinate, argument, or a conclusion of law. Partially accepted in finding of fact 8. Partially accepted in finding of fact 14. Partially accepted in finding of fact 13. Rejected as being subordinate, or unnecessary. Rejected as being subordinate, or unnecessary. Rejected as being subordinate, or unnecessary. NOTE--Where a proposed finding has been partially accepted, the remainder has been rejected as being subordinate, irrelevant, unnecessary, not supported by the greater weight of the evidence, not supported by the more credible evidence, argument, or a conclusion of law. COPIES FURNISHED: Harold M. Braxton, Esquire One Datran Center, Suite 400 9100 South Dadeland Boulevard Miami, Florida 33156-7815 R. Beth Atchison Assistant General Counsel Department of Business and Professional Regulation 1940 North Monroe Street Tallahassee, Florida 32399-0750 Angel Gonzalez, Executive Director Department of Business and Professional Regulation Board of Professional Engineers 1940 North Monroe Street Tallahassee, Florida 32399-0755 Lynda Goodgame, General Counsel Department of Business and Professional Regulation Northwood Centre 1940 North Monroe Street Tallahassee, Florida 32399-0792
The Issue Whether Respondent, Department of Business and Professional Regulation, Electrical Contractors Licensing Board, appropriately denied Petitioner's, Kevin Harrington, application to take the examination for licensure as an electrical contractor.
Findings Of Fact Based on the oral and documentary evidence presented at the final hearing, the following findings of fact are made: Respondent is the state agency vested with the authority to test applicants seeking certification as electrical contractors. Petitioner is seeking certification (licensure) as an electrical contractor. On December 12, 2001, Respondent received Petitioner's application to take the Electrical Contractors Unlimited examination. On December 24, 2001, Respondent mailed Petitioner a letter requesting additional information. The letter requested that the additional information be received by Respondent no later than January 4, 2002. This date was later extended to January 8, 2002. On January 4 and January 7, 2002, Petitioner, through his attorney, forwarded the requested additional information to Respondent. Petitioner's application was complete on January 10, 2002. Respondent, Electrical Contractors Licensing Board("Board"), met on January 16 and 17, 2002. The Board delegates initial consideration of applications to take certification examinations to an Applications Committee consisting of members of the Board who make recommendations to the full Board on each application. Each application is examined by at least two Applications Committee members; if both recommend "denial of the application," or, if one recommends "approval of the application" and one recommends "denial of the application," the application is reviewed by a third Applications Committee member. Each member of the Applications Committee is provided a worksheet as a part of the application package which lists reasons for denial drawn from Subsection 489.511(2)(a)(3), Florida Statutes. After each application is considered by members of the Applications Committee, the application with the Applications Committee's recommendations, reasons for denial (if applicable), and other comments are given to a staff employee who prepares an approved/denial list which is presented to the full Board for consideration. The foregoing procedure was followed in the instant case. On January 16, 2002, Board members, Roger Lange and Kim DeBerry, who were members of the Applications Committee, considered Petitioner's application; both recommended denial of the application. Because there were two recommendations of denial, the application was considered by a third Applications Committee member, Dawn Johnson; she, too, recommended denial. Petitioner's application and the recommendations, reasons for denial, and comments of the Applications Committee were then given to a staff employee who prepared a summary list of all applicants with the recommendations for approval or denial by the Applications Committee with reasons given for denial for submission to the full Board. The full Electrical Contractors Licensing Board considered Petitioner's application on January 17, 2002, and unanimously denied the application. Petitioner was advised of the denial by letter dated February 8, 2002. Petitioner's Applicant's Affidavit dated November 16, 2001, indicates that he was seeking a license under Subsection 489 .511(2)(a)(3)(a), Florida Statutes. The Applicant's Affidavit specifically states: 489.511(2)(a)(3)(a), F.S. Has, within the six (6) years immediately preceding the filing of the application, at least three (3) years proven "management experience" in the trade or education equivalent thereto, or a combination thereof, but not more than one- half of such experience may be educational. (Please submit at least three (3) years of W- 2 Forms) The occupational skills and responsibilities of an electrical contractor are unique and require experience and understanding which are typically acquired by extensive, direct "on-the-job" training in the electrical contracting trade. Petitioner is an experienced General Contractor's project manager. His credentials as a General Contractor's project manager are impressive and the projects he has supervised are extensive. Petitioner has little or no direct supervisory experience in the electrical contracting trade. Petitioner's construction management experience is as a General Contractor project manager, not an Electrical Contractor project manager or similar position, and, as a consequence, he does not meet the "'management experience' in the trade" statutory requirement. Petitioner has an enviable academic record: an Associate of Science Degree With Honors from Miami-Dade Community College (1990), a Bachelor of Science in Building Construction from University of Florida (1993), 21 hours of graduate studies at Florida International University leading towards a Master of Building Construction degree. Petitioner's academic credentials have little direct application to the electrical contracting trade and, as a consequence, do not meet the "educational equivalent" to management experience statutory requirement.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that a final order be entered denying Petitioner's application to take the Certified Electrical Contractor's Licensure Examination. DONE AND ENTERED this 10th day of January, 2003, 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 10th day of January, 2003. COPIES FURNISHED: Barbara Rockhill Edwards, Esquire Department of Legal Affairs The Capitol, Plaza Level 01 Tallahassee, Florida 32399-1050 Rosemary Hanna Hayes, Esquire Hayes & Associates 3117 Edgewater Drive Orlando, Florida 32804 Hardy L. Roberts, III, General Counsel Department of Business and Professional Regulation Northwood Centre 1940 North Monroe Street Tallahassee, Florida 32399-2202 Anthony B. Spivey, Executive Director Electrical Contractors Licensing Board Department of Business and Professional Regulation Northwood Centre 1940 North Monroe Street Tallahassee, Florida 32399-0792
The Issue The issue in this case is whether the Petitioner is entitled to a passing grade on the Electrical Engineering licensure examination given on April 24, 1998.
Findings Of Fact On April 24, 1998, the Petitioner took the electrical engineering licensure exam. By means of an Examination Grade report dated July 30, 1998, the Petitioner was advised that his examination had received a failing score. The Petitioner went through the examination review process. Following that process, the Petitioner contended that he was entitled to a higher score on each of three examination items. The examination items at issue are numbers 291, 294, and 295. The Petitioner's response to item number 291 was assigned a grade of 4. If graded correctly, the Petitioner's response to item number 291 would have credited him with correct answers for parts a, b, and c, and with a partially correct, but incomplete, answer to part d of that item. Under the scoring plan for item number 291, the Petitioner is entitled to a score of 6 on his response to item number 291. The Petitioner's response to item number 294 was assigned a grade of 6. If graded correctly, the Petitioner's response to item number 294 would have credited him with correct answers to all parts of that item. Under the scoring plan for item number 294, the Petitioner is entitled to a score of 10 on his response to item number 294. The Petitioner's response to item number 295 was assigned a grade of 2. If graded correctly, the Petitioner's response to item number 295 would have credited him with correct answers to all parts of that item. Under the scoring plan for item number 295, the Petitioner is entitled to a score of 10 on his response to item number 295. If the Petitioner's responses to items number 291, 294, and 295 had been correctly graded, he would have received a total of 14 more points than he was given credit for.
Recommendation Based on all of the foregoing it is recommended that a Final Order be entered in this case concluding that the Petitioner is entitled to a grade of 6 points for his response to item number 291, is entitled to a grade of 10 points for his response to item number 294, and is entitled to a grade of 10 points for his response to item number 295, and recalculating the Petitioner's total grade on the examination on the basis of such conclusions. DONE AND ORDERED this 20th day of January, 1999, in Tallahassee, Leon County, Florida. MICHAEL M. PARRISH 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 January, 1999.
Findings Of Fact Petitioner is a candidate for licensure as a professional engineer. Petitioner took the licensure examination in October, 1992, and received an overall score of 68.10. The minimum passing score for the exam was 70. The examination used by the Department is a nationally recognized test administered and graded by the National Council of Examiners for Engineering and Surveying (NCEES). The scoring plan utilized by NCEES in this case provided, in pertinent part, that the score of 4 would be given where the applicant's response showed more than rudimentary knowledge but was insufficient to demonstrate competence. Petitioner received the score of 4 on problem #120 and felt his answer should have received a higher grade. To receive a score of 6 on problem #120, Petitioner's solution would have shown minimum competence by indicating the required volume of solids taken as the required volume of fill with all other analysis and computations being correct. According to the scoring plan, only "modest" errors in cost analysis or volume analysis computations are permitted to receive a grade of 6. Petitioner admitted that his calculation of volume on problem #120 was incorrect, but felt that since the error was only 10-15 percent, such error was reasonable given that he had correctly analyzed the majority of the problem. Petitioner's calculations for problem #120 were approximately 5900 cubic yards from the correct answer. Since Petitioner's volume calculations were incorrect, no credit was given for the cost analysis. Petitioner's error was not a "modest" miscalculation as set forth by the scoring plan.
Recommendation Based on the foregoing, it is, hereby, RECOMMENDED: That the Department of Business and Professional Regulation, Board of Professional Engineers, enter a final order denying Petitioner's challenge to the professional engineer examination administered in October, 1992. DONE AND RECOMMENDED this 19th day of August, 1993, in Tallahassee, Leon County, Florida. JOYOUS D. PARRISH Hearing Officer Division of Administrative Hearings The Oakland Building 2009 Apalachee Parkway Tallahassee, Florida 32399-1550 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 19th day of August, 1993. APPENDIX TO RECOMMENDED ORDER, CASE NO. 93-2652 Rulings on the proposed findings of fact submitted by the Petitioner: Paragraph a) is rejected as contrary to the weight of the evidence. Paragraph b) is rejected as contrary to the weight of the evidence. Paragraph c) is rejected as irrelevant. Paragraph d) is rejected as irrelevant. Rulings on the proposed findings of fact submitted by the Respondent: 1. Paragraphs 1 through 5 are accepted. COPIES FURNISHED: Ali Khalilahmadi 12755 S.W. 60 Lane Miami, Florida 33183 Vytas J. Urba Assistant General Counsel Department of Business and Professional Regulation 1940 North Monroe, Suite 60 Tallahassee, Florida 32399-0792 Jack McRay Acting General Counsel Department of Business and Professional Regulation 1940 North Monroe, Suite 60 Tallahassee, Florida 32399-0792 Angel Gonzalez Executive Director Board of Professional Engineers 1940 North Monroe, Suite 60 Tallahassee, Florida 32399-0755
