Return to index: [Subject] [Thread] [Date] [Author]

Re: Obtaining SE License endangered by new Board Rule

[Subject Prev][Subject Next][Thread Prev][Thread Next]
Charles,

Who appoints these positions?  Is it through election or by the Governor or some
other method?  How does she come up with these ideas?  It seems to me that there is
a problem with someone who is not an engineer and has never been an engineer making
decisions such as these without the necessary understanding of there true meaning
and implication.  I guess that is government for you.  I wish you luck.

Mike

Charles Greenlaw wrote:

> Mike, first I will reply directly, then add a paragraph on how we are
> permitted to participate in the Board's rulemaking process in a way that we
> can appeal to a reviewing authority over the Board's head. I have used this
> process many times over the last 10 plus years, and many abusive regulatory
> attempts have thereby been stymied, and many others improved to be less
> objectionable. It is one legitimate avenue to influencing the regulatory
> burdens in our professional lives.
>
> At 07:48 AM 06/30/2000 -0400, you wrote:
> >Charles
> >
> >Who is Nancy Eisller (sorry I am in GA)?  What kind of authority does she have?
> >
> >Mike
> >
> >Charles Greenlaw wrote:
> >
> >> There is an impending onerous Board Rule that in application either harasses
> >> SE Firms or endangers those who aspire to become SE's in California.
>         [etc.]
> ----------------------
> Mike, Nancy Eissler is one of the state civil service staff employees of the
> Calif Board for Professional Engineers and Land Surveyors, and whose c.s.
> title or rank is "Associate Governmental Program Analyst." She is assigned
> to the Board's Enforcement Unit, which is staffed entirely with
> non-licensee, non-attorney persons, all of whom appear (when they attend
> committee meetings) to be be female.
>
> Nancy Eissler seems to be assigned to hobnob with personnel of the state
> Attorney General's office who serve the Board from time to time in various
> matters such as prosecuting accused licensees, defending the Board in
> lawsuits filed against them, and for legal advice in concocting new
> regulations. Her job-description title is "Attorney General Liaison Analyst,
> Enforcement Unit."
>
> She has for some years been the Board's customary author of all new
> regulations related to disciplinary matters and to regs on what what
> licensees have to do in their practices. And that's the case now.
>
> According to Board-issued biographical material, Ms Eissler has a bachelor
> degree in linguistics from UCLA, but no other credential. In principle, I
> avoid being a critic of Board staffers below the level of Executive Officer,
> on grounds the buck doesn't stop with them. However nothing about the
> wordsmithing skills or legal acumen shown over a number of years by this
> particular staffer has improved my regard for UCLA or for Board standards of
> excellence.
>
> Board Rulemaking is by law open for comment by any interested person,
> meaning anyone plausibly affected by the proposed rule. The rulemaking file
> must contain all public comments properly received, and is reviewed (in the
> manner of a building code plan review) by the Office of Administrative Law
> for conformity to procedure and to six code-like criteria, among which are
> an expressly stated Necessity for the regulation, and Clarity in its
> provisions: do those persons who will be compelled to comply understand what
> complies and what does not? Additionally, a rule must be Consistent with
> laws and other regulations on the same subject matter, and be within the
> agency's statutory Authority to adopt.  OAL may disapprove the rule for
> failure to meet these standards, and public comment is relied on to identify
> such failings. Toward that end, there is a very informative pamphlet
> available from OAL in Sacramento for a few dollars, called "California State
> Guide to Public Participation in the Regulatory Process." I recommend it
> highly to any engineer who cares about PE Board regulatory targeting of us.
> OAL recently shot down a big passel of PE Board "Policy Resolutions" on
> grounds they were actually underground regulations that the Board failed to
> take through the required regulatory process. An interested person had
> complained to OAL; we really can make a dsifference.
>
> Charles O. Greenlaw SE   Sacramento CA
>
> ******* ****** ******* ******** ******* ******* ******* ***
> *   Read list FAQ at: http://www.seaint.org/list_FAQ.asp
> *   This email was sent to you via Structural Engineers
> *   Association of Southern California (SEAOSC) server. To
> *   subscribe (no fee) to the list, send email to
> *   admin(--nospam--at)seaint.org and in the body of the message type
> *   "join seaint" (no quotes). To Unsubscribe, send email
> *   to admin(--nospam--at)seaint.org and in the body of the message
> *   type "leave seaint" (no quotes). For questions, send
> *   email to seaint-ad(--nospam--at)seaint.org. Remember, any email you
> *   send to the list is public domain and may be re-posted
> *   without your permission. Make sure you visit our web
> *   site at: http://www.seaint.org
> ******* ****** ****** ****** ******* ****** ****** ********


******* ****** ******* ******** ******* ******* ******* *** 
*   Read list FAQ at: http://www.seaint.org/list_FAQ.asp 
*   This email was sent to you via Structural Engineers 
*   Association of Southern California (SEAOSC) server. To 
*   subscribe (no fee) to the list, send email to 
*   admin(--nospam--at)seaint.org and in the body of the message type 
*   "join seaint" (no quotes). To Unsubscribe, send email 
*   to admin(--nospam--at)seaint.org and in the body of the message 
*   type "leave seaint" (no quotes). For questions, send 
*   email to seaint-ad(--nospam--at)seaint.org. Remember, any email you 
*   send to the list is public domain and may be re-posted 
*   without your permission. Make sure you visit our web 
*   site at: http://www.seaint.org 
******* ****** ****** ****** ******* ****** ****** ********