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Re: California Plan Stamping

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Not for awhile...I still have a few more PE type exams to do in at least
one state (California) before I must search for fun exams else where! ;-)

Scott
Adrian, MI


On Mon, 18 Jul 2005 BCainse(--nospam--at)aol.com wrote:

>
>
> Hey Scott-
> When do you take the bar exam?   ;<)
> Regards,
> Bill Cain SE
> Berkeley CA
>
> In a message dated 7/17/2005 9:23:15 P.M. Pacific Daylight Time,
> smaxwell(--nospam--at)engin.umich.edu writes:
>
> Again,  you could be right (nice pun there).  It may be that the PE law  in
> Minnesota (and other states) is written in such a way that the PE  Board
> can take action directly against non-licensed individuals.  But,  I will
> point out in the scenario that you outline, it still requires a  civil
> court to be involved in order for the Board to collect the fine  as
> presumably the Board does not have direct authoity over a  non-licensed
> individual.  It may be that hte PE act in Minnesota does  give the Board
> the option to pursue things in the civil court.  For a  licensed engineer,
> however, that fine would be a direct action as if they  don't want their
> license suspended or taken away, they would have to pay  the fine.  Thus,
> presumably the Board would not need to resort to  court to "enforce" it
> (now, the individual could presumably fight hte fine  in court if they
> wanted).  If the Minnesota Board has the authority to  pursue civil court
> cases, then I agree that an individual licensed in other  states but not
> Minn is 100% like a completely non-licensed individual  (although the Board
> would still have other "pressure points" to enforce a  fine against some
> one licensed in another state, especially if that person  wants to get
> licensed in Minn).
>
> I believe that some states the PE  laws are written in such a way that the
> Board may not have the recourse of  taking it to civil court but can only
> forward it to a prosecutor for  possible criminal court action.  In
> otherwords, the legislature may  not have given the PE Board authority to
> take direct action against  non-licensed individuals.  If so, then an
> individual licensed in other  states but the such as state without such
> civil court authority is slightly  different than a 100% non-licensed
> individual as such a licensed engineer  might some day want a license in
> that state who issued a fine or that  state's board could forward the
> judgement/complaint to those states in  which the individual is licensed,
> who might take some action (i.e. some  states could construe that as an
> ethics violation, even if it did not  happen in their state, and take
> action...don't really know if that would  happen or not.
>
> The thing to remember is that not all PE acts/laws in  all states are
> equal.  Some are particularly strong, while others are  particularly weak
> (I believe that Michigan is an example of the  latter).
>
> Regards,
>
> Scott
> Adrian, MI
>
>
> On Sun, 17 Jul  2005, Christopher Wright wrote:
>
> >
> > On Jul 17, 2005, at 1:12  AM, Scott Maxwell wrote:
> >
> > > But, what I wonder is what are  the Minnesota PE Board
> > > avenues for collecting that fine?
> >  It isn't a criminal offense, so I suspect it's handled like a civil
> >  judgment. In Florida the proceedings are carried out before and
> >  administrative law judge. In theory I suspect hat refusal to pay might
> >  lead to garnishment of wages or civil contempt of court if an actual
> >  judgment were rendered. I don't know exactly what the process is in
> >  Minnesota, but it's pretty clear that fines are levied and collected
> >  for unlicensed practice.
> >
> > > So, I wonder if the Minnesota PE  Board can take action against anyone
> > > (i.e. someone who practices  engineering but is not licensed in any
> > > jurisdiction).
> >  Licensure in any other state is irrelevant--the Minnesota law  considers
> > the respondent unlicensed, if he practices in Minnesota  without a
> > Minnesota license. That's clear by the title of the  enforcement action
> > summary. There are a number of others where  enforcement actions are
> > taken against other professions as well as  engineers who are clearly
> > not licensed anywhere.
> >
> > >  But, regardless, I am
> > > different from that dude as I might want to  get licensed in other
> > > states,
> > > not to mention that  running afoul of states where I am not licensed
> > > could
> >  > get me in trouble in the states in which I am licensed.
> > I  confess, I don't understand exactly what you're saying. It is a fact
> >  that your Minnesota registration can be revoked if you lie about
> >  whether your license in another state were revoked, but that's not a
> >  violation in Minnesota since the Minnesota board has no jurisdiction
> >  outside the state.
> >
> > It seems reasonable that Minnesota would  require engineers to be
> > licensed in Minnesota if they render services  in Minnesota is to
> > provide legal recourse in Minnesota courts in the  event of negligent or
> > incompetent practice. I would certainly expect  that California would
> > have similar provisions to insure that engineers  from elsewhere, were
> > suitably conversant with seismic requirements  before they hung out a
> > shingle. And I'd certainly expect that  California would not make such
> > requirements without enforcement power.  The Florida board
> > <http://www.fbpe.org/disaction/index.php> has  a number of similar cases
> > involving unlicensed  practice.
> >
> > 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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