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Re: California Plan Stamping

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Christopher,

You could be correct...some states' PE Acts might be written such the PE
boards can go after non-PEs offering engineering services.  However, I
will point out that the case that you cite is not exactly like Dennis'
case.  In you case, the person in question is a PE, but just not in
Minnesota.  In Dennis' case, I believe the person is not licensed at all.

The case that you mention could still "fit" what I said.  I don't know how
"enforcable" the fine that you mention really is.  It could be
"enforcable" strictly from the aspect that if the person does not pay the
fine, he will never be able to get licensed in Minnesota OR the other
possibility is that the Minnesota PE Board could report him to the
Maryland PE Board, who could then imposed fines, suspend or take away his
license.  In otherwords, he is under the jurisdiction that could impose
"penalties" kind of "on behalf" of the Minnesota Board.  I certainly know
that if you have an action taken against you in one state, then every
other state in which you are licensed will know very shortly after the
action.

OTOH, it could be that the Minnesota Board has the legal authority to
impose fines on anyone (i.e. either PEs or non-licensed individuals who
practice engineering without a license) without court based actions.

Scott
Adrian, MI


On Sat, 16 Jul 2005, Christopher Wright wrote:

>
> On Jul 16, 2005, at 10:32 PM, Scott Maxwell wrote:
>
> > This means that in practical purposes,
> > they have no jurisdiction over non-licensed individuals.
> You might want to check this, becasue that's not the case here in
> flyoverland or Florida. Admittedly all they usually do at first is
> issue a cease and desist order, but they can levy fines as you'll see.
> Here in flyoverland
> > In the matter of Jan H. Zicha, Unlicensed
> >
> >  On May 14, 2004, the Board issued a Cease and Desist Order and Notice
> > of Right to Hearing. The Complaint Committee of the Board alleged as
> > follows: A complaint concerning Jan H. Zicha ("Respondent") has been
> > received and reviewed by the Board's Complaint Committee. Respondent
> > is not currently and never has been licensed by the Board as a
> > professional engineer in the State of Minnesota. Respondent is
> > licensed as a professional engineer in the State of Maryland.
> > Respondent applied to become licensed in Minnesota as a professional
> > engineer through comity in September 2002. The Board notified
> > Respondent that his comity application was incomplete. Respondent has
> > since failed to complete his application for licensure. Respondent
> > reviewed the following documents for the Hiawatha Corridor Light Rail
> > Project that is located in Minnesota: a)Production Testing and Quality
> > Control of the Reinforced Concrete Blocks of the Low Vibration Track
> > (LVT) System; b)Production Testing and Quality Control of the
> > Resilient Block Pads of the Low Vibration Track (LVT) System;
> > c)Production Testing and Quality Control of the Rubber Boots of the
> > Low Vibration Track (LVT) System; d) LVT Supports Design Document for
> > Hiawatha LRT for the Hiawatha Corridor Light Rail Project. Respondent
> > stamped these documents using his Maryland stamp. He also typed on
> > them, "I have applied for the registration in Minnesota and the
> > application is pending." He signed and dated the documents January 16,
> > 2003. Respondent reviewed shop drawings for this Minnesota Hiawatha
> > Corridor Light Rail project. He used his Maryland stamp, and typed on
> > the drawings, "I have applied for the registration in Minnesota and
> > the application is pending." He signed and dated these drawings
> > January 16, 2003. In an email dated August 28, 2003, Respondent admits
> > to stamping drawings for this project. Respondent states:
> >
> >  "I have stamped mentioned drawings in the past and returned them to
> > my client Permanent Way Corporation. I do not know what action was
> > taken on this project after that. All I can say is that the LVT track
> > supplied by PWC is the best choice available on the world market. It
> > requires virtually no maintenance and has at least ten time longer
> > life expectancy than anything else of the kind, as we have already
> > found on LVT installation at twenty locations world-wide. Ther [sic]
> > is no secret that not all of PWC's competitors like it. However, the
> > proper place for improvement of their products is at the drafting
> > board."
> >
> > Disciplinary Action: The Board issued the following Order, which was
> > found to be in the public interest: Respondent shall cease and desist
> > from holding himself out as a professional engineer in Minnesota, from
> > practicing professional engineering in Minnesota, and from further
> > violations of Minn. Stat. §§ 326.02 to 326.15 (2002) until such time
> > as he becomes licensed as a professional engineer in the State of
> > Minnesota. Respondent was also ordered to pay a civil penalty of
> > $10,000.00 to the Board, within 60 days after the date of the Board's
> > approval of this cease and desist order.
> Looks like a parallel situation to Dennis's. I just can't believe that
> California can't bring the same kind of action
>
> Christopher Wright P.E. |"They couldn't hit an elephant at
> chrisw(--nospam--at)skypoint.com   | this distance" (last words of Gen.
> .......................................| John Sedgwick, Spotsylvania
> 1864)
> http://www.skypoint.com/~chrisw/
>
>
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