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RE: More "Responsible Charge" Stuff

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I am not a lawyer, but at the very MINIMUM this is restraint of trade, and I do not see how in h*ll a court would “let alone” such a ruling. This board exists to protect the public, NOT tyrannize the engineering professional and hamper his right to make a living.

 

On the face of it, the action against Mr. Perge was simply restraint of trade by the Board. Nothing of the public good was served.

 

UNTIL AND UNLESS the Board is willing to start cracking down on all the big engineering firms that operate in this way IN SPADES, and start handing out penalties against any engineer who so much as stays a half-day out of the office meeting with clients or doing marketing (or taking the dog to the vet for that matter) while a designer or engineer intern under his supervision works on a project, then this is just a blatant abuse of power.

 

I thank Stan for bringing it to my attention. I will now violate it knowingly and dare the b*st*rds to try and slap me down.

 

This is Texas. Our lawyers are greedy, conniving and MEAN. (Not like lawyers in other states, of course).

 


From: Stuart, Matthew [mailto:mstuart(--nospam--at)schoordepalma.com]
Sent: Thursday, August 26, 2004 11:46 AM
To: seaint(--nospam--at)seaint.org
Subject: RE: More "Responsible Charge" Stuff

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).