Board Meeting Minutes: August 11, 2016

STATE OF MAINE BOARD OF LICENSURE FOR PROFESSIONAL ENGINEERS

MEETING MINUTES Thursday, August 11, 2016

Present: Board members present: Mandy Holway Olver, PE, Chair; Clifton W. Greim, PE, Vice Chair; George W. Ames, PE; Joyce Noel Taylor, PE; Knud E. Hermansen, PE, PLS, PhD, Esq.; and Russell G. Martin, PE. Also present: Judith E. Peters, Assistant Attorney General, and David Jackson, Executive Director.

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

A. The meeting was called to order at 9:04 a.m. by Chair Mandy Holway Olver in the First Floor Conference Room at 295 Water Street in Augusta, Maine.

B. On motion by Mr. Hermansen and second by Mr. Greim the minutes of the board meeting held on June 16, 2016 were approved by a 6-0 vote.

  1. Committee Reports

A. Executive Committee (Chair)

B. Finance Committee (Greim)

  1. Book balance on August 8, 2016 was $483,078, compared to a balance of $457,142 on August 1, 2014.

  2. The number of active licensees on August 8, 2016 was 6063, compared to 5906 active licensees on August 1, 2014.

C. Rules Committee (Ames)

  1. On motion by Mr. Hermansen and second by Ms. Taylor, the Board voted 6-0 to approve the proposed statutory revisions.

  2. On motion by Mr. Hermansen and second by Mr. Ames, the Board voted 5-0 to eliminate the “three-times-fail rule” while keeping the five-year time limit on applications. Appropriate revisions will be made to the statue.

D. Examinations Committee (Hermansen)

E. Information Committee (Olver)

  1. The following articles are proposed for the Fall Newsletter: a. Thoughts While Driving (Olver) b. Results of the NCEES April exams c. PDH course development d. NCEES Annual Meeting report e. Complaint Update f. Use of the PE seal/stamp g. New board member bio h. Flow chart on complaint process

F. Complaint Committee (Ames)

  1. E15-006 On motion by Ms. Taylor and second by Mr. Hermansen the Board voted 5-0 with the Complaint Officer recused, to grant the first request for a change in the wording of the Consent Agreement, and to deny the second request.

  2. E15-007

  3. E15-008
  4. E15-009
  5. E15-010
  6. E15-011 On motion by Mr. Hermansen and second by Ms. Taylor, the Board voted 5-0, with the Complaint Officer recused, to dismiss all five Complaints on the basis that there was a lack of evidence of a violation of the board’s statute or rules in each Complaint.

  7. E15-012 On motion by Mr. Greim and second by Mr. Hermansen, the Board voted 2-0, with the Complaint Officer, Mr. Martin, Ms. Taylor and Ms. Olver recused, to allow the insertion of the word “unintentional” into a specific location in the Consent Agreement.

G. Continuing Education Committee (Bartlett)

  1. Audits letters to be sent out.
  2. PDH course development status report.

H. Special Committees

  1. Communications

A. Email and letter from NSPE against UPLG Motion 12.

B. Email and letter from Structural Engineers supporting UPLG Motion 12. On motion by Mr. Hermansen and second by Ms. Taylor, the Board voted 6-0 to oppose UPLG Motion 12. The Executive Director and Mr. Ames will vote accordingly at the NCEES Annual Meeting.

C. Letter from NCEES. On motion by Mr. Hermansen and second by Mr. Greim, the Board voted to accept the invitation to have an NCEES representative attend a board meeting.

  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.

B. New Engineer Intern (EI) Applications

C. Recently Certified Engineer Interns

D. New PE Applications (Exec Dir)

On motion by Mr. Hermansen and second by Mr. Ames the Board voted 5-0 to concur with items 4(A)-4(D) above.

E. Tabled and Previously Considered

  1. Yefim Mints A hearing was held on Mr. Mints’ motion to reconsider the preliminary denial of his license application on the ground that he had not demonstrated passage of the Fundamentals of Engineering Examination as required by 32 M.R.S. 1352-A(1)(A) through (E). The hearing was held telephonically at Mr. Mints’ request. Mr. Mints stipulated that he had not taken and passed the Fundamentals of Engineering examination. After deliberation, and on motion by Mr. Hermansen and second by Ms. Taylor, the Board voted 6-0 to uphold the preliminary denial and deny the appeal.

  2. John P. Gilewicz On motion by Mr. Hermansen and second by Ms. Taylor, the Board voted 5-0 to approve the application.

F. Reexamination Requests

  1. Sam Newsom On motion by Mr. Hermansen and second by Ms. Taylor the Board voted 6-0 to permit the applicant to sit for the PE exam.

G. Other applications or requests

  1. Pending Business

A. ALMS System On motion by Mr. Ames and second by Mr. Hermansen, the Board voted 6-0 to approve implementation of the ALMS database conversion.

  1. New Business

A. Introduce new board member Russell G. Martin, PE.

B. Hosting NE Zone Meeting 2018 – Recommendation has been made to NCEES to negotiate with a Portland hotel to host the 2018 NE Zone Meeting.

C. Review of NCEES motions.

  1. Adjournment

A. Next scheduled meetings are November 17, 2016 and January 19, 2017.

B. Meeting adjourned at 12:40 PM.