Board Meeting Minutes: March 19, 2015

STATE OF MAINE BOARD OF LICENSURE FOR PROFESSIONAL ENGINEERS

MEETING MINUTES Thursday, March 19, 2015

Meeting location: Conference Room, 295 Water Street, First Floor, Augusta, Maine

Present: Board members present: Mandy Holway Olver, PE, Chair; Clifton W. Greim, PE, Vice Chair; George W. Ames, PE; Lawrence E. Bartlett, PE; John Guimond, Public Member; Joyce Noel Taylor, PE and Knud Hermansen, PE, PS, Esq., PhD. Also present were: Judith Peters, Assistant Attorney General, and David Jackson, Executive Director. Members of the public were also present.

  1. Call to Order, Minutes of prior meetings and other preliminaries

A. The meeting was called to order at 9:05 a.m. by Chair Mandy Holway Olver in the First Floor Conference Room at 295 Water Street in Augusta.

B. Approval of the minutes of the board meeting held on January 15, 2015. The minutes of the board meeting held on January 15, 2015 were approved on motion by Mr. Hermansen, second by Ms. Taylor and by a unanimous 7-0 vote.

  1. Committee Reports

A. Executive Committee (Chair) 1. Ratification of purchase of recording system for hearings. On motion by Mr. Hermansen and second by Ms. Taylor, the expenditure of $1662.72 for the purchase of a system for recording hearings was ratified by a vote of 7-0.

B. Finance Committee (Greim) 1. Book balance on March 11, 2015 was $339,002 compared to a balance of $381,591 on March 12, 2013. 2. The number of active licensees on March 11, 2015 was 6103, compared to 6050 on March 12, 2013.

C. Rules Committee (Ames) 1. Cloture and emergency legislation. Documentation was provide with information regarding dates for legislative submissions

D. Examinations Committee (Hermansen) 1. There are 73 approved candidates from Maine registered with NCEES for the April PE and 5 candidates for the SE exam. E. Information Committee (Olver) 1. The Board has proposed the following articles for the Spring Newsletter: a. Thoughts While Driving (Olver) b. Results of the October exams c. Upcoming licensure renewal (Exec Dir) d. PDH recordkeeping and consequences e. PDH course development f. Notes from Engineers Week at USM g. Reports on NCEES Meetings h. Residential inspections not professional engineering

F. Complaint Committee (Ames) 1. U14-001 On motion by Mr. Hermansen and second by Mr. Bartlett the board voted 6-0, with Mr. Ames recused, to dismiss for lack of jurisdiction and refer to the Office of the Attorney General with a recommendation for a Consent Agreement and a fine of $1000.

G. Continuing Education Committee (Bartlett) 1. Audits and audit reviews 2. PDH course development

H. Special Committees

  1. Communications

A. Email requesting notification from Board if we are sending observers for April NCEES PE exam. The Executive Director was directed to respond that the Board would not send observers to this exam administration. B. Email from Jesse Nash, PE regarding Complaint E14-001. The Executive Director previously responded to the email. C. Letter from H. Alan Mooney, PE regarding Complaint E14-001. A letter will go out signed by the Chair in response to the letter.

  1. Applications

A. Review and concurrence of Chair/Executive Director actions 1. Temporary certificates issued. 2. Comity licenses authorized for NCEES Model Law Engineers. 3. Comity licenses authorized by the Executive Director and Chair. 4. Licenses by written examination. 5. Re-examinations authorized by the Executive Director. On motion by Mr. Ames and second by KH, the Board voted 7-0 to concur with the actions taken.

B. Engineer Intern (EI) Applications

C. Recently certified Engineer Interns

D. PE Applications (Exec Dir) 1. William E. Partenan On motion by Mr. Hermansen and second by Mr. Ames, the Board voted 7-0 to approve the application for renewal of licensure with a continued waiver of FE examination based on 32 M.R.S.A. 1357 and 1361 because the applicant was previously licensed, was otherwise qualified for licensure and was in good standing at the time of his retirement.

E. Tabled and previously considered

F. Reexamination Requests 1. C. Bradley Weeks Applicant will be permitted to sit for the PE examination based on his previous application.

G. Other applications or requests

  1. Pending Business

A. NCEES Annual Meeting, August 19-22, Williamsburg, VA

On motion by Mr. Hermansen and second by Mr. Greim, the Board voted 7-0 to send Ms. Holway Olver, Mr. Greim and Mr. Jackson to the NCEES Annual Meeting in Williamsburg, Virginia.

On motion by Mr. Hermansen and second by Mr. Greim, the Board voted 7-0 to authorize Mr. Jackson to vote on behalf of the Board.

  1. New Business

A. Hearing on Motion for Reconsideration of Preliminary Denial, In re: Tardif

A hearing was held at which Hearing Officer Rebekah Smith, Esq. presided. Mr. Greim was recused from deliberations and from the vote. The applicant and the State were given fifteen minutes to present arguments supporting motions previously submitted, and five minutes to rebut arguments presented by the other side. After deliberations, the Board voted 5-0 to deny the motion, and to uphold the preliminary denial.

B. Discussion of scaling of PDH penalties for missing PDHs, missing or unsigned log, scaled fines corresponding to number of missing PDH credits.

Discussion of PDH issues postponed to a date to be determined.

  1. Adjournment

A. Next scheduled meetings are June 18, 2015 and August 13, 2015

B. Meeting adjourned at 12:55 PM.