Findings Of Fact L.B. Thanki received a degree in Civil Engineering at the University of Durham at Kings College, Newcastle Upon Tyne in the United Kingdom in 1956. Petitioner received a batchelor of law degree from Sardar Patel University (India) in 1967. This degree is the equivalent of two years study in law. The degree obtained from the University of Durham is not the equivalent of the degree received from an ABET approved university in the United States because it lacks 16 credit hours in Humanities and Social Sciences. Petitioner presented no evidence that his degree from the University of Durham or the curriculum he completed at any other university included the missing 16 hours in Humanities and Social Sciences. Petitioner presented a certificate (which was not offered into evidence) that he had completed a course in computer services meeting the board's evidentiary requirements of computer skills.
Recommendation Based on foregoing Findings of Fact and Conclusions of Law, it is recommended that a Final Order be entered denying Petitioner's application for licensure by examination as an engineering intern. RECOMMENDED this 10th day of May, 1991, in Tallahassee, Leon County, Florida. N. AYERS Hearing Officer Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-1550 (904)488-9675 Filed with the Clerk of the Division of Administrative Hearings this 10th day of May, 1991. COPIES FURNISHED: B. Thanki 1106 East Hillsborough Avenue Tampa, Florida 33604 Edwin A. Bayo, Esquire Assistant Attorney General Department of Legal Affairs The Capitol, Suite LL04 Tallahassee, Florida 32399-1050 Carrie Flynn, Acting Executive Director Florida Board of Professional Engineers Northwood Centre, Suite 60 1940 North Monroe Street Tallahassee, Florida 32399-0755 Jack L. McRay, General Counsel Department of Professional Regulation Northwood Centre, Suite 60 1940 North Monroe Street Tallahassee, Florida 32399-0792
The Issue Is Petitioner entitled to additional credit on the Professional Engineer Licensure Examination sufficient to receive a passing score?
Findings Of Fact By the stipulations recited in the preliminary statement, Petitioner needed only to demonstrate entitlement to one raw point in order to achieve an adjusted score of 70 (raw score of 48) so as to pass the Florida Professional Engineer Examination, created and administered by the National Council of Examiners for Engineers and Surveyors. The disputed part of the challenged question dealt with the equations necessary to calculate the amount of excess air applied to a combustion source that produced flue gas which contained specified concentrations of oxygen, carbon dioxide, carbon monoxide, and nitrogen. This presents a chemical engineering problem. Subpart one of the question provided four reaction equations. Petitioner selected answer "E". The Board claims another answer is the correct answer. Subpart one of the question required that the examinee select an answer showing the minimum number of equations needed to solve the problem. The answer designated by the Board contained two equations. The answer selected by Petitioner contained three equations. Petitioner, Petitioner's Professional Engineer expert in combustion, and the Board's Professional Engineer expert in chemical engineering all recognized that the problem could be appropriately solved either by the Orsat method or the Board's preferred method. However, Petitioner and his expert maintained that the Board's preferred method was less precise than the Orsat method because the Board's method was based on a presumption of complete oxygen combustion or theoretical oxygen. Petitioner based his analysis on the concept that the problem's acknowledgment of the presence of carbon monoxide indicated incomplete combustion and rendered the calculation of air indeterminate. The determination of excess air is covered in five standard reference books authorized for use on the examination. All these books recognize the Orsat equation for the calculation of excess air with respect to incomplete combustion. Petitioner utilized the Orsat equation. The Orsat formula is appropriate for solving the question, but it is derived from three equations. Petitioner and his expert contended that subpart one of the question was both a trick question and that the Board was requiring an incorrect answer because the examinee obtained a correct answer to subpart ten of the question by the Orsat approach and that when subpart ten is solved by the Board's preferred method, an incorrect answer was obtained. This testimony was not persuasive in light of the apparent agreement of Petitioner that the correct numerical answer would be closer to the Board's preferred numerical answer than to his own numerical answer. (TR110112). Nor does it necessarily follow that because the Board has conceded that Petitioner's answer to subpart ten was correct, that concession automatically renders his answer to subpart one correct. As explained more reasonably by Dr. Benjamin Keith Harrison, a professor of chemical engineering at the University of Alabama, there were at least two correct ways to work the problem related to an analysis of incomplete combustion. The Orsat method uses carbon dioxide while the Board's preferred method uses a different chemical "tie" element to compare the theoretical oxygen required to the amount of oxygen actually in the system. The examinee is free to choose the method (i.e. tie element) he prefers. The Orsat formula, chosen by Petitioner, is entirely correct to do that, and the numerical answer the Petitioner got in subpart ten was within acceptable limits. However, the equations the Petitioner indicated in the other part of his answer were not those used to derive the Orsat formula. (TR8288) More succinctly, according to Dr. Harrison, the examinees were free to use either the Orsat formula or the Board's preferred formula to get subpart ten. Petitioner chose the Orsat formula and got a sufficiently correct answer for subpart ten. However, in subpart one, the other formula was asked for and Petitioner chose the wrong combination of three subsets. (TR89) Therefore, the greater weight of the credible evidence is that the Petitioner's answer is wrong on two points: first, that his response does not indicate a minimum set of equations and two, the three equations he selected were not the equations used in deriving the Orsat formula. Likewise, items one and ten of the question request different information/responses. Part ten requests a numerical response; part one requests the selection of the minimum number of equations necessary. Dr. Joseph Allen Klock, was accepted as an expert psychometrician. His statistics and the testimony of Dr. Harrison are credible and persuasive that the challenged question subpart one contained enough correct information to allow an examinee of minimal competency for licensure to selec tthe correct response and did not require knowledge which was beyond the scope of knowledge that could be expected from a candidate for licensure and that Question No. 417 as a whole was a fair test of the examinees' knowledge in the field of chemical engineering .
Recommendation Upon the foregoing findings of fact and conclusions of law, it is recommended that the Board of Professional Engineers enter a final order denying the Petitioner the one point at issue, and thus a passing grade on the April 1995 licensure examination. RECOMMENDED this 3rd day of October, 1996, at Tallahassee, Florida. ELLA JANE P. DAVIS Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (904) 4889675 SUNCOM 278-9675 Fax Filing (904) 9216847 Filed with the Clerk of the Division of Administrative Hearings this 3rd day of October, 1996. COPIES FURNISHED: William Leffler, III, Esquire 2000 North Meridian Road Apartment 312 Tallahassee, Florida 32303 R. Beth Atchison, Esquire Department of Business and Professional Regulation Board of Professional Engineers 1940 North Monroe Street Tallahassee, Florida 32399-0750 Lynda L. Goodgame, Esquire General Counsel Northwood Centre 1940 North Monroe Street Tallahassee, Florida 32399 Angel Gonzalez Executive Director Board of Professional Engineers 1940 North Monroe Street Tallahassee, Florida 32399
The Issue Whether Petitioner is entitled to be licensed by endorsement as a professional engineer in the State of Florida, pursuant to Section 471.015, Florida Statutes (1989).
Findings Of Fact Petitioner Gerardo A. Marquez is an applicant for licensure by endorsement as a professional engineer. By letter dated May 30, 1990, Petitioner was informed by the Board that his education did not meet the criteria for licensure by examination under Section 471.013(1)(a)1, Florida Statutes, because the engineering program he completed was not accredited by the Accrediation Board for Engineering and Technology (ABET). Petitioner is a graduate of the Polytechnic University of Puerto Rico, with a degree in civil engineering. This program is not accredited by ABET. Section 471.013(1)(a)2, Florida Statutes, provides that graduates of an approved engineering technology curriculum of four years or more in a school, college or university within the state university system, having been enrolled or having graduated prior to July 1, 1979, shall be entitled to take an examination to determine if he is qualified to practice as an engineer. Petitioner does not qualify pursuant to this provision. Petitioner was enrolled for one semester in 1977 at the University of Puerto Rico in the engineering program. This first semester consisted of basic general studies such as humanities, English, biology and math. Petitioner resumed his college education in the summer of 1980 at the Polytechnic University of Puerto Rico. Petitioner testified that the criteria for licensure in Puerto Rico was "substantially identical" to the criteria in Florida at the time of his licensure since Puerto Rico requires that the University granting the degree be approved by the Middle States Association of Colleges as well as the Commission of Higher Education of Puerto Rico. ABET is the sole agency in the United States to accredit engineering programs. ABET does not accredit schools, but only specific programs. Since 1981 when Chapter 471 underwent sunset review, Florida has required an ABET approved degree, and the Board has considered that any state that has the same experience and examination requirements as Florida, but does not require an ABET approved engineering degree, is not substantially equivalent to Florida under the statute.
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 for licensure by endorsement under Section 471.015, Florida Statutes. RECOMMENDED this 14th day of January, 1991, in Tallahassee, Leon County, Florida. DANIEL M. KILBRIDE 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 January, 1991. APPENDIX TO RECOMMENDED ORDER, CASE NO. 90-5778 The following constitutes my specific rulings, in accordance with section 120.59, Florida Statutes, on findings of fact submitted by the parties. Petitioner did not file proposed findings of fact. Respondent's proposed findings of fact. Accepted in substance: paragraphs 1 - 8. COPIES FURNISHED: Edwin A. Bayo, Esquire Assistant Attorney General Suite LL04, The Capitol Tallahassee, FL 32399-1050 Gerardo A. Marquez Reef Tower Apartment 16B Isla Verde, Puerto Rico 00913 Rex Smith Board of Professional Engineers Northwood Centre 1940 North Monroe Street Suite 60 Tallahassee, FL 32399-0792 Kenneth Easley General Counsel Northwood Centre 1940 North Monroe Street Suite 60 Tallahassee, FL 32399-0792
Findings Of Fact The Respondent is a duly-licensed professional engineer in the State of Florida having been issued License No. PE0035663. The Petitioner is an agency of the State of Florida charged, in pertinent part, with interpreting, enforcing, and regulating concerning the licensure and professional practice standards for professional engineers in the State of Florida embodied in Chapter 471, Florida Statutes. The Respondent practices engineering as Dr. S.K. Nayak & Associates, Regulatory, Environmental and Civil Engineering Consultants. That engineering firm is not licensed as a professional engineering firm in the State of Florida. On September 20, 1988, the permit to the JNC by the Department for its domestic waste-water treatment and disposal system expired. Thereafter, on June 16, 1989, an application to operate such a system was submitted to the Department by Mr. Cordes on behalf of the JNC. The Respondent was the professional engineer of record depicted on that application. On or about July 14, 1989, the Department issued a notice of permit denial concerning that application and cited six deficiencies as the basis for the denial. The notice of permit denial identified the JNC's reclaimed water distribution system as not being designed in accordance with sound engineering principles and practices, as delineated in Rule 17-6.070(1)(a), Florida Administrative Code, and the design as not being provided in the manner required by Rule 17-610.414, Florida Administrative Code. The permit applicant was thus advised by the notice of permit denial that some modifications for the water distribution and storage system would have to be undertaken and completed in order for permitting to be effected. Thereafter, on or about January 30, 1990, the Respondent submitted a design statement for a reclaimed water disposal system to the Department. The design must conform to certain criteria enunciated in Chapter 17-610, Florida Administrative Code. The design for such a system must be accompanied with an engineering report to document geohydrological conditions at the site and to document that a ground water mounding analysis has been performed for the percolation pond systems, in order to verify that the systems will perform satisfactorily under the pertinent provisions of Chapter 17-610, Florida Administrative Code. The Department considered the design submitted by the Respondent to constitute the necessary design for the application for a new operating permit for the JNC. Expert witness Bryant Marshall's testimony establishes clearly that the creation of the design and its submittal to the Department constitutes a specific type of engineering practice and moreover that that sort of design requires a specific type of geotechnical and geohydrological engineering experience. Upon reviewing the design statement submitted by the Respondent, the Department advised Mr. Cordes of numerous items of incompleteness which would need to be addressed before an evaluation of the proposal, including design, could be performed. Mr. Cordes was informed of this by letter from the Department of February 23, 1990, which was copied to the Respondent. See, Exhibit B in evidence. Upon reviewing the design submitted, the Department determined that, because of the limited data and analyses and absence of calculations in that design document, that the Respondent had not demonstrated that he was qualified to perform such geotechnical and hydrogeological engineering, with pertinent calculations and depictions as was required for a project such as that proposed, nor had that type of required engineering work been done. Ultimately, therefore, it filed a complaint against the licensure of the Respondent with the Petitioner licensing agency. On April 9, 1990, the Respondent submitted a signed and sealed withdrawal of the design statement previously submitted to the Department. The Respondent contends that he never intended that the design statement originally submitted should constitute the final "as built" design for the water reclamation facility involved. Rather, he contends that it was intended by the Department, by himself, and by his client to be merely a preliminary or suggested design solely for purposes of negotiation concerning the permit denial and an attempt to work out a satisfactory arrangement with the Department in terms of the Department's conditions and requirements for design and construction, so that the proposed facility could be permitted. The Respondent contends that that was not the practice of engineering but, rather, submittal of a preliminary design statement which he claims the Department required of him. He thus submitted the design statement with the full understanding that it was not intended by him, or by the Department for that matter, to be a feasible final proposal or design and knowing that it was not up to standard or intended to be and knowing that it did not comply with certain applicable rules and regulations, he did not sign or seal it. Mr. Marshall, the expert witness put forward by the Petitioner, opined that the submission of substandard work, merely because another party has requested it for negotiating purposes, or for whatever reason, still is not acceptable practice for a licensed professional engineer. Merely because one is of the intent and opinion that submittal of the work will not be the final work product, by which the facility in question is to be built, is no excuse for not complying with proper standards of professional engineering practice. The Respondent's soil and ground water data was shown by Mr. Marshall to be inadequate because it did not provide for the necessary calculations which could indicate whether the performance of the system will actually meet the design criteria, given the geotechnical soil and hydrogeological conditions prevailing at the site, which were not adequately allowed for by their entry into proper calculations which should have been performed by the Respondent. The Respondent's professional history moreover does not reflect adequate geotechnical or hydrogeological experience and training necessary for a project such as the JNC at issue. It has been established by Mr. Marshall's testimony, which is adopted, that standards of practice were not followed because an appropriate subsurface exploration geotechnical investigation, laboratory soil testing, engineering analysis, and ground water mounding analysis was not performed. Even if the Respondent had adequate training in geotechnical and hydrogeological engineering, he promulgated a deficient engineering document in terms of this design, regardless of whether or not it was signed or sealed, because it constituted the practice of professional engineering and yet he failed to perform and to indicate on his design that the geotechnical and hydrogeological investigations required for such work had been performed. The document was based only on a review of available published information regarding surficial and sub-surficial soil conditions. No test borings were done in accordance with standard practice. The percolation testing performed by the Respondent was shown by Mr. Marshall to be inadequate under the circumstances of the project for which design was being considered. The proper geotechnical exploration, in keeping with standard engineering practice, would require the use of soil test borings to depths of 20 to 30 or perhaps 40 feet below ground surface. This would be necessary to properly characterize the aquifer and subsurface conditions and to evaluate the properties of the soil within that zone to determine what the actual hydraulic characteristics of the subsurface profiles would be. It would then be necessary to perform laboratory permeability testing on the soil samples from the various depths so as to properly characterize the aquifer performance or predicted aquifer performance for the entire depth zone to those significant depths. Just the top 18 or 20 inches of soil is not an adequate investigation. Further, the Respondent provided no documentation for his conclusions regarding established ground water movement, established surface water flow, and confirmed ground water table elevations. According to Mr. Marshall, it is safe to assume that surface water flow might be to the southeast given the site's topography and the fact that the ground slopes downward toward the southeast and generally toward the east, as well. However, the Respondent provided no documentation of any test borings or other site-specific geotechnical investigation work done to verify anything about the direction of ground water flow nor the ground water table elevation. Apparently the Respondent relied upon general information contained in a soil survey of Jefferson County but did not do site-specific investigatory work, in keeping with standard engineering practice, which would allow him to make those types of conclusions in a legitimate fashion. Mr. Marshall thus opined and established that the submission of the work by the Respondent was substandard work and that it is not justifiable engineering practice to submit such substandard engineering work, even if it is done at the request of another party with an understanding between the engineer and the other party and the client that this work is merely to be a preliminary design for purposes of negotiation between the regulator and the client. It is also no excuse for such substandard engineering practice that the Respondent submitted it without it being signed or sealed in his capacity as an engineer. The lack of the signing or sealing does not render it immune from having to comport with standard, acceptable engineering practice. Accordingly, it has been demonstrated that the Respondent was negligent in the practice of engineering in these particulars, with regard to his participation and design concerning the JNC project. Because the Respondent intended that this be a preliminary submittal, solely for the purposes of negotiation between himself, his client, and the regulatory agency and did not intend that it be a final design to be built in an attempt to comply with regulatory requirements, he has not been shown to have intentionally committed misconduct in the practice of engineering.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that a Final Order be entered by the Board of Professional Engineers finding the Respondent guilty of violating Section 471.033(1)(g), Florida Statutes, to the extent that he is guilty of negligence in the practice of engineering and that he be issued a reprimand and that his licensure be placed in probationary status for a period of one year with reasonable terms to be decided by the Board, including the requirement of continuing professional education in the area of compliance with appropriate professional practice standards. DONE AND ENTERED this 4th day of March, 1994, in Tallahassee, Florida. P. MICHAEL RUFF 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 4th day of March, 1994. APPENDIX TO RECOMMENDED ORDER, CASE NO. 91-7994 Petitioner's Proposed Findings of Fact 1-23. Accepted, to the extent they are consistent with the findings of fact of the Hearing Officer and otherwise as subordinate to the Hearing Officer's findings of fact. Respondent's Proposed Findings of Fact Accepted, but subordinate to the Hearing Officer's findings of fact on this subject matter. Rejected, as not being entirely in accordance with the greater weight of the evidence; to some extent, irrelevant; and to some extent, as being legal conclusions and not proposed findings of fact. Rejected, as not being entirely in accordance with the greater weight of the evidence, as constituting an incorrect conclusion of law, and as subordinate to the Hearing Officer's findings of fact on this subject matter. 4-5. Rejected, as not in accordance with the greater weight of the evidence in its entirety, as constituting argument rather than a proposed finding of fact, and being an incorrect conclusion of law. 6. Rejected, as not in accordance with the greater weight of the evidence in its entirety, as constituting argument rather than a proposed finding of fact, as being an incorrect conclusion of law, and to some extent, irrelevant. COPIES FURNISHED: Anthony Cammarata, Esquire Department of Business and Professional Regulation 1940 North Monroe Street Tallahassee, Florida 32399-0792 Shrinivas K. Nayak 3512 Shirley Drive Tallahassee, Florida 32301 Jack McRay, Esq. General Counsel Department of Business and Professional Regulation 1940 North Monroe Street Tallahassee, Florida 32399-0792 Angel Gonzalez, Executive Director Board of Professional Engineers Department of Business and Professional Regulation 1940 North Monroe Street Tallahassee, FL 32399-0755
The Issue Whether Petitioner is eligible for licensure by endorsement as a professional engineer and/or waiver of Part I of the engineering licensing examination.
Findings Of Fact From 1969 through 1974, Petitioner attended the Lipetsk Branch of the Moscow Institute of Steel and Alloys. In 1974, Petitioner graduated from the Lipetsk Polytechnical Institute (Institute) in Russia, with a degree in industrial and civil engineering. The degree in civil engineering earned by Petitioner is equivalent to a bachelor of science degree in civil engineering in the United States. Upon graduation from the Institute, Petitioner commenced her professional employment as an engineer on August 30, 1974, at the LIPTSKGRAZHDANPROEKT Design Institute. In January 1976, Petitioner was employed as a professional engineer at the State Design Institute DNEPRPROEKKTSTALKONSTRUKSIYA (DNEPR), where she was continuously employed until leaving the Soviet Union in December 1993. There are no specific licensing or registration requirements in Russia with respect to engineers. Therefore, after earning a degree in industrial and civil engineering, Petitioner could work as an engineer in Russia without taking any professional examination. However, in 1979, Petitioner took an examination in Russia that allowed her to sign her own drawings and calculations. During Petitioner's tenure at the DNEPR, she achieved the status of Senior Engineer in 1986; was promoted to the position of Category II Engineer for Steel Structures in 1988; was promoted to the post of Category I Engineer for Steel Structures in 1990; and was elevated to the position of Leading Engineer in 1991. To achieve the status of Category II Engineer for Steel Structures and Category I Engineer for Steel Structures at DNEPR, Petitioner had to take an examination in 1988 and in 1990, respectively. The promotion to each of these positions was predicated upon Petitioner's passing these examinations and demonstrating expertise in the areas of economics, chemistry, mathematics, physics, building materials, corrosion prevention, resistance of materials, and construction mechanics. As a result of passing the examinations in 1988 and 1990, Petitioner was not only promoted, but also received salary increases. Petitioner believes that the two examinations she took in Russia in 1988 and in 1990, while working at the DNEPR were substantially equivalent to the Fundamentals Examination. However, no evidence was presented to support this claim. The Fundamentals Examination is one component of the engineering licensing examination, and is designed to assess whether an individual is qualified to practice in this state as an engineer intern. This examination is usually taken either in the applicant's last year in engineering school or shortly after graduation. With regard to format, the Fundamentals Examination is an eight-hour examination and consists of 120 multiple-choice questions. The Principles and Practice Examination is the second part of the engineering licensing examination and is taken after successful completion of the Fundamentals Examination. Oscar E. Olsen, a structural engineer and owner of O.E. Olsen and Associates, a structural engineering firm, is currently Petitioner's employer. Mr. Olsen, who is generally familiar with the Fundamentals Examination, testified that the list of subjects covered on the two examinations taken by Petitioner in 1988 and 1990, coincide with the subject matter on the Fundamentals Examination. Mr. Olsen further testified that it appeared to him that the two examinations taken by Petitioner were comparable to the Fundamental Examinations required in Florida. Notwithstanding his testimony that the exams taken by Petitioner are substantially equivalent to the Fundamentals Examination, Mr. Olsen admitted that he has never seen or reviewed the examinations taken by Petitioner while she was in Russia. It is impossible to render a reasonable opinion as to whether the two examinations taken by Petitioner in Russia are substantially equivalent to the Fundamentals Examination, where the only information provided with regard to the former is a list of subject areas covered. Such a list gives no indication of the depth and specific content of the subject matter on the examinations; the difficulty of the examinations; the passing scores; the number and format of the questions; and the length of the examinations.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is recommended that Respondent, the Board of Professional Engineers, enter a Final Order denying Petitioner's request for waiver of Part I, the Fundamentals Examination, and for licensure by endorsement. DONE AND ENTERED this 9th day of December, 1997, in Tallahassee, Leon County, Florida. CAROLYN S. HOLIFIELD Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (904) 488-9675 SUNCOM 278-9675 Fax Filing (904) 921-6847 Filed with the Clerk of the Division of Administrative Hearings this 9th day of December, 1997. COPIES FURNISHED: Murray Silverstein, Esquire Powell, Carney, Hayes, and Silverstein One Plaza, Suite 1210 St. Petersburg, Florida 33731-1689 Edwin A. Bayo Assistant Attorney General Office of the Attorney General The Capitol, Plaza 01 Tallahassee, Florida 32399-1050 Angel Gonzalez Executive Director Board of Professional Engineers Northwood Centre 1940 North Monroe Street Tallahassee, Florida 32399-0755 Lynda L. Goodgame, General Counsel Department of Business and Professional Regulation 1940 North Monroe Street Tallahassee, Florida 32399-0792
Findings Of Fact Petitioner has not completed an approved engineering curriculum. From 1955 through 1958, he was enrolled in an engineering program at the University of Florida. He received an associate in arts degree. During 1961 he was enrolled for three semesters in an engineering program. Petitioner's other educational experiences have not been in the field of engineering. Since the Petitioner did not complete the requirements for a degree program, it is appropriate that his educational experience be viewed as engineering work experience in order to determine his eligibility to take the examination for licensure as a professional engineer. Since he has completed only the earlier stages of an engineering program, it is not appropriate that his years of educational background be credited directly as years of work experience. It is appropriate, however, that he be considered as having had one year of engineering work experience as an engineer based upon his total educational background. From 1964 until 1970, Petitioner worked for the Department of of Coastal and Oceanographic Engineering at the University of Florida. He was in charge of field experiments considering littoral drift on the east coast of Florida. He assisted in setting up programs for beach erosion control. Petitioner was in charge of conducting various experiments to observe beach erosion, to locate sources of offshore sand for use in erosion prevention, and in developing models to establish techniques for stabilizing sand movements. Some of the work he performed was clearly engineering work, but a significant portion of it would more properly be classified as surveying work. The Petitioner was directly supervised by James A. Purpura, who was a professional engineer. Unfortunately, Mr. Purpura is deceased. Only three-quarters of a year of the experience that the Petitioner had with the Department of Coastal and Oceanographic Engineering has been verified by a registered professional engineer as engineering experience. In view of the fact that significant portions of the Petitioner's work from 1964 to 1970 was not engineering work, and the fact that his work cannot be verified as engineering work, it is not appropriate that he be credited with more than three-fourths year of engineering work experience for this period. From 1970 until 1972, Petitioner was employed with Global Oceanic, Inc. Petitioner testified that during this period he designed a submersible dredge; was involved in restoration of beach property in the Bahamas; and designed and constructed a marina, a water desalination plant, various seawalls, and roads. Petitioner testified that he was employed as field engineer during this period. Petitioner presented no verification from a registered professional engineer as to the nature of his work experience with Global Oceanic, Inc. He testified that his director-supervisor, who was a professional engineer, died. From 1972 until 1973, Petitioner was employed with his own company, McGill and Associates. His work during this period was to complete activities with Global Oceanic, Inc., after his employer died. Petitioner testified that his work with McGill and Associates was as a field engineer. Again, however, there has been no verification of his work experience by a registered professional engineer. In view of the fact that the Petitioner's experience wit Global Oceanic, Inc., and with McGill and Associates from 1972 until 1973 has not been verified by a professional engineer as engineering work experience, it is not appropriate that the Petitioner be credited with experience by the Board of Engineers. From 1973 until 1975, Petitioner was employed by Kunde and Associates, an engineering firm. During this period, he oversaw various construction projects, and monitored them to assure that they were being constructed in accordance with engineering specifications. He served as a field engineer, directly responsible for various dredging and road building projects. Petitioner's work experience while at Kunde and Associates has been verified by a professional engineer as engineering work experience, and there does not appear to be any dispute that he should be credited with two years of engineering work experience for this period. Since 1975, the Petitioner has worked with his own company, McGill and Associates. He has been in the business of designing and constructing swimming pools and whirlpool spas. He has spent a fair amount of his time engaged in the original design of whirlpools. He has also participated in designing swimming pools, but in order to receive construction permits, registered engineers have had to evaluate and approve his designs. A considerable amount of the work that Petitioner has performed since 1975 has been engineering work; however, limited engineering know-how is required in swimming pool and whirlpool design and construction. Only approximately one year of non-repetitive engineering experience can appropriately be credited to such activities. Crediting Petitioner with one year of engineering work experience resulting from his educational background, three-fourths year of engineering work experience with the Department of Coastal and Oceanographic Engineering at the University of Florida, two years of engineering work experience with Kunde and Associates, and one year of engineering work experience with McGill and Associates, the Petitioner has four and three-fourths years of valid engineering work experience.
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 The issue for determination is whether John Morse is entitled to licensure as a geologist under the provisions of section 492.105, Florida Statutes.
Findings Of Fact John G. Morse graduated from Ohio State University in 1966 with a B. S. degree in physics. He later attended the University of Arizona, and in 1976 was awarded a M. S. degree with a major in hydrology. Morse's degree was obtained from the University's College of Earth Sciences, which unlike many similar institutions, has a separate Department of Hydrology, focussing on fluids, and a Department of Geology, focussing on minerals. The courses which Morse presents for the educational requirements for a geologist license are as follows (all from the University of Arizona): Course Title Hours Physical Geology 3 Hydrology 3 Dynamics of Flow Systems of the Earth (A & B) 6 Hydrogeology 3 Geomathematics 3 Aquifer Mechanics 3 Advanced Topics in Hydrology 3 Advanced Topics in Hydrology 3 Analysis of Hydrologic Systems 3 30 All, with the possible exception of physical geology, were upper division courses and all were successfully completed by Morse. All of the courses, with the exception of physical geology and geomathematics, were offered in the Department of Hydrology. The hydrology courses, comprising Morse's primary area of concentration, involve the study of the movement of fluids through the earth, in the earth and on the surface of the earth. Since graduation, Morse has engaged in responsible, professional work related to hydrology and hydrogeology, including work in Carlsbad, New Mexico, related to nuclear waste storage. Since July 1988, he has been employed in Florida by Jammal and Associates, an engineering firm in Winter Park. As Senior Hydrogeologist he is responsible for directing and conducting geoenvironmental studies. Morse contends that most geologists in Florida are engaged in the area of water supply development and contamination assessment and that there is substantial overlap and cross-over between geologists and groundwater hydrologists. The Florida Legislature created the Board of Professional Geologists within the Department of Professional Regulation in 1987. Morse filed his application in May 1988, well within the one-year deadline for non-examination licensure. The Board denied his application on September 13, 1988, citing the provisions of subsection 492.105 (1)(d) 1. and 2., Florida Statutes. The application committee identified only two geology courses in Morse's academic transcript: physical geology and geomathematics, a 6-hour total. Dr. Anthony Randazzo is chair of the application committee. He is also a professor and chair of the University of Florida's Department of Geology, which department also includes courses in hydrology. Two applicants, other than Morse, with degrees in hydrology from the University of Arizona, were granted licensure as geologists because they had sufficient geology courses in addition to their hydrology courses. Hydrology is an important field related to geology but it is not the discipline itself. A hydrologist might be aware of the dynamics of flow systems, but a professional would need some knowledge of the nature of the rocks through which the fluid flows in order to seal work as a geologist. The University of Arizona makes a specific distinction between geology and hydrology. The University of Florida includes hydrogeology courses in its Geology Department curricula, but basic geology courses: physical geology, paleontology, field camp, minerology, and the like, are required for a degree in geology.
Recommendation Based on the foregoing, it is hereby RECOMMENDED: That Petitioner's application for licensure as a geologist in the State of Florida be denied. DONE and ENTERED this 8th day of May 1989 in Tallahassee, Florida. MARY CLARK 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 8th day of May, 1989. COPIES FURNISHED: J. Joaquin Fraxedas, Esquire Two South Orange Plaza Orlando, Florida 32801 Clark R. Jennings, Esquire Department of Legal Affairs Suite 1603, The Capitol Tallahassee, Florida 32399-1050 Kenneth D. Easley, Esquire General Counsel Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32399-0750
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
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
