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RE: Direct Supervision in Texas

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Stan:

Thank you for bringing that up...the Illinois state firm registration fee
($75) has been p*ss*ng me off for years.

While not exactly a budget breaker, it just seems like another fee that
government piles on us poor
Entrepreneurs...

I guess its just the principle of the thing...



Back to looking for men of terror...

Regards,


David L. Fisher, SE, PE
Senior Principal
Fisher+partners

372 West Ontario
Chicago, IL 60610

312.573.1701
312.573.1726 fax
312.622.0409 mobile

www.fpse.com





-----Original Message-----
From: Caldwell, Stan [mailto:scaldwell(--nospam--at)halff.com]
Sent: Wednesday, April 14, 2004 4:07 PM
To: seaint(--nospam--at)seaint.org
Subject: RE: Direct Supervision in Texas

Rand:

Section 18(b) states:

"This section does not prohibit a licensed engineer from performing
engineering services on a part-time basis."

The last sentence of Section 131.18(9) states:

"Engineers providing direct supervision of engineering under the Texas
Engineering Practice Act, 18(b), shall be personally present during such
work."

Taken together, it seems to me that the intent is pretty clear:

[Stan's Opinion]  Engineers performing services on a part-time basis must be
present to supervise the work.

Over the past two or three years, a large percentage (30-40%) of all
enforcement actions have involved firms which practiced or offered to
practice engineering without the firm being properly registered with TBPE.
In each of these cases, the summary paragraphs explicitly point to this
violation.  The Perge case summary does not cite this issue.

Sidebar:  Can we all agree that the firm registration requirements that now
apply in most states are an unfortunate provincial tax?

Stan

¤º°`°º¤ø,¸¸,ø¤º°`°º¤ø¤º°`°º¤ø,¸¸,ø¤º°`°º¤ø¤º°`°º¤ø,¸¸,ø¤º°`°º¤

Rand Holtham wrote:

I think that the ruling may have (my opinion I don't know anything about the
particulars) been more related to the firm registration criteria. The
section ref'd in Stan's post, the last line has to do with firm
registration. Its on page 9 of the following link:

http://www.tbpe.state.tx.us/downloads/laws2001.pdf

The critical watching etc. I interpret as I stated before. So I don't think
(with the context of section 18 (b) in mind) that the commentary means
continuous supervision, it (as the reprimand stated) means "adequate direct
supervision ".


HTH,
Rand

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