Jairzinho O. Vasquez, P.E.
A licensed engineer (PE-31867), was subject to enforcement action by the Board for (a) having been disciplined by the licensing authority of another state for matters recognized as grounds for disciplinary action in Louisiana at the time the action was taken in violation of La. R.S. 37:698(A)(7) and (b) fraud, deceit, material misstatement, perjury or the giving of false or forged evidence in applying for a license in violation of La. R.S. 37:698(A)(1). In 2008 Mr. Vasquez was disciplined by the Oklahoma board for (i) knowingly making false statements or signing false statements, certificates or affidavits and (ii) attempting to mislead the Kentucky board and any other licensing board relying on his NCEES record in connection with his application for licensure to practice engineering in Kentucky. The Oklahoma board (a) ordered him to pay an administrative penalty of $1,000, (b) ordered him to successfully complete an ethics course, (c) ordered him to provide the Oklahoma board a copy of his 2009 NCEES renewal form at the time he submits the same to NCEES, and (d) immediately suspended his Oklahoma license until he pays the administrative penalty and provides proof of the completion of the ethics course. The Oklahoma board had previously taken disciplinary action against Mr. Vasquez for (a) offering to practice engineering in Oklahoma without being licensed as a professional engineer and (b) failing to provide information requested by the Oklahoma board within thirty days from the time requested. In that case the Oklahoma board ordered him to pay a fine of $500. Mr. Vasquez contends that (a) he misunderstood this 2006 action by the Oklahoma board to be a “private disciplinary action”, as opposed to a “public disciplinary action” and (b) this misunderstanding was the basis for the 2008 disciplinary action by the Oklahoma board. On April 4, 2007 Mr. Vasquez submitted to the Louisiana Board an Application for Licensure as a Professional Engineer by Comity, affirming thereon that his license to practice engineering had never been the subject of a disciplinary action by any state. Mr. Vasquez has entered into a Consent Order with the Board, wherein he admitted to violations of the above statutes and agreed to pay a fine of $2,000; to pay administrative costs of $383.26; to successfully complete the Board’s online Louisiana Laws and Rules Examination; to successfully complete the Board’s online Louisiana Professionalism and Ethics Examination; and to the publishing of the Consent Order on the Board’s website, to the printing of a summary of this matter by name in this publication and to the reporting of this matter by name to NCEES.
Thomas E. Pittman, P.E.
A licensed engineer (PE-19516) was subject to enforcement action by the Board for signing and sealing engineering plans which had not been prepared under his responsible charge in violation of La. R.S. 37:698(A)(6), to wit LAC Title 46:LXI§2503(C) and (D), 2505(C) and 2701(A)(3). In 2007 Mr. Pittman signed and sealed engineering plans for the construction of a new church building in Louisiana, without personally supervising or directly controlling either the preparation of the plans by the unlicensed draftsperson or any other work performed by that individual in connection with the project. Following a formal hearing, Mr. Pittman stipulated to final findings of fact and conclusions of law and a final decision and order, wherein he was found to have committed violations of the above statute and rules and was assessed the following sanctions: suspension of his Louisiana professional engineer license for 18 months beginning January 26, 2009; actual costs of $5,000.00; successful completion of the Board’s online Louisiana Laws and Rules Examination; successful completion of the Board’s online Louisiana Professionalism and Ethics Examination; completion of 30 hours of continuing professional development related to building system design; and the publication of the stipulated final findings of fact and conclusions of law and stipulated final decision and order on the Board’s website, the printing of a summary of this matter by name in this publication, and the reporting of this matter by name to NCEES.
Lester G. Rainey, P.L.S.
a licensed land surveyor (PLS-4674), was subject to enforcement action by the Board for committing gross negligence and/or gross incompetence in the practice of land surveying in Louisiana in violation of La. R.S. 37:698(A)(2). Mr. Rainey originally prepared, sealed and issued to his client a survey plat and legal description for property in Louisiana which had incorrect tract positions and mislabeled corners. Upon being notified by his client of a problem with the survey plat and legal description, Mr. Rainey prepared and sealed a corrected survey plat and legal description, but failed to record or provide the corrected survey plat to his client. Following a formal hearing, Mr. Rainey was found to have committed a violation of the above statute and was assessed the following sanctions: fine of $1,000; actual costs of $4,337.97; successful completion of the Board’s online Louisiana Laws and Rules Examination; successful completion of the Board’s online Louisiana Professionalism and Ethics Examination; successful completion of the Board’s online Louisiana Minimum Standards Examination; and the publication of the final findings of fact and conclusions of law and final decision and order on the Board’s website, the printing of a summary of this matter by name in this publication, and the reporting of this matter by name to NCEES.