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RE: More "Responsible Charge" Stuff[Subject Prev][Subject Next][Thread Prev][Thread Next]
- To: <seaint(--nospam--at)seaint.org>
- Subject: RE: More "Responsible Charge" Stuff
- From: "Stuart, Matthew" <mstuart(--nospam--at)schoordepalma.com>
- Date: Thu, 26 Aug 2004 12:45:42 -0400
I would agree only with Stan’s comments that any Board is pretty much going to do whatever they want. It has been my experience with a number of Boards in many other states that when push comes to shove that not even the State Supreme Courts will touch ‘um because of the potential for breach of separation of powers, i.e. Boards are typically created by the Legislature and unless the Legislature has created an unconstitutional law or entity the courts are hesitant to breach the separation on any issue concerning the licensing boards. It truly comes down to… if you can’t beat them, then join ‘um (or at least know somebody real well that sits on the Board).
Mr. Caldwell has responded to me privately. He is quite upset that (1) I would publish his comments publicly, and (2) that I would dare to think that TBPE isn’t pure as the drifting snow.
First, I’m sorry if he is offended about the public comments. There was nothing there that should prove embarrassing. He is letting me know about the “law” (interpreted not by legislators nor by courts, but by bureaucrats as it happens), and about how any engineer who does not shell out the money for a bricks-and-mortar office, pay salaries and (I assume) join Kiwanis or Rotary, had better look over his shoulder for Big Brother, cuz’ he’s a-comin’.
I don’t blame Stan for this, but I do not see how he can defend it, nor do I see how this “serves the public” in any way other than to make sure only the Big Boys in “the Club” (read “xCEC”) are available to do the work.
TBPE may have “always prevailed” in the past, but in recent years they have been so money-hungry that they were bound to begin overstepping their bounds and descending to arrogance.
First it was the Legislature raising “temporarily” the P.E. (and other) licensing fees back in the 90s. That was one thing. Then they came up with “firm registration,” which is absolutely nothing more than a money scam—and doubly so because they knew, I am certain, that it would take time for many of the firms to become aware of the law, and in the meantime since “ignorance of the law is no excuse,” the TBPE could rake in the bucks from “disciplinary actions” involving firms that failed to comply by the set deadlines.
I repeat: In my opinion this was a high-tech “speed trap” calculated to raise revenue.
Now, follow the money: If TBPE can get away with saying that, in effect, only the “old boys network” can “supervise” work, they stand to gain a fabulous windfall. That is, unless someone stands up on his hind legs and defies them, and that’s what I’m going to do. They cannot justify this ruling in any way, shape or form other than “because we can.” There is no difference between a small firm doing work as a “virtual office” and a bricks-and-mortar firm distributing their work among employees under the supervision of the EOR. None.
This is blatant, in my opinion. I’ve been chapping at the cr*p that the TBPE has been pulling of late, and this cinches it for me. Mr. Caldwell has advised me, in effect, that “you can’t fight city hall,” but I’ve a good mind to do just that.
It’s what any “ultra-conservative” would do.
- RE: More "Responsible Charge" Stuff
- From: Bill Polhemus
- RE: More "Responsible Charge" Stuff
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