TEXAS BOARD OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS
August 26, 2021, Board Meeting Disciplinary & Administrative Actions

Richard Daniel Tomlinson, P.E. #77704, Houston, TX; Case Number D-37772
Violation: Mr. Tomlinson failed to practice engineering in a careful and diligent manner so as to protect the health, safety, and welfare of the public by issuing a misleading Texas Department of Insurance Form WPI-2.  Also, Mr. Tomlinson failed to properly include the firm name and number on the WPI-2.
Act/Rule Violated: 22 Tex. Admin. Code §§137.33(n), 137.55(a) and (b), 137.57(a), 137.63(a), (b)(1), (b)(4), and (b)(6), and 137.77(h).
Resolution: Formal Reprimand, Administrative Penalty of $1,500, and successful completion of the TTU Engineering Ethics Basic Level Course.

Clifford Jason Clinton, P.E. #99195, Ballinger, TX; Case Number D-38300
Violation: Mr. Clinton issued written assertions in the practice of engineering that were misleading or created a misleading impression by failing to properly identify the intended limited scope of a letter.
Act/Rule Violated: 22 Tex. Admin. Code §137.57(a).
Resolution: Formal Reprimand and Administrative Penalty of $1,500.

Thomas Allen Maloney, P.E. #101820, League City, TX; Case Number D-40394
Violation: Mr. Maloney failed to engage in business activities related to the practice of engineering in an honest and ethical manner by failing to take actions consistent with his promises to his client until prompted by the Board.  Mr. Maloney failed to act as a faithful agent to his client.
Act/Rule Violated: 22 Tex. Admin. Code §§137.63(a) and 137.63(b)(4).
Resolution: Formal Reprimand and successful completion of the TTU Engineering Ethics Intermediate Level Course.

Michael Cleo Billingsley, R.P.L.S. #6558, Fort Worth, TX; Case Number D-40774
Violation: Mr. Billingsley issued a misleading document by issuing a signed and sealed surveying document that indicated monument pins had been set when they had not been.
Act/Rule Violated: 22 Tex. Admin. Code §663.10(7).
Resolution: Reprimand and Administrative Penalty of $1,000.

Durham Contractors, LLC, Arlington, TX; Case Number B-40803
Violation: Durham Contractors, LLC offered to perform engineering services without being licensed or registered with the Board and engaged in sealing misconduct by affixing an engineering seal without the express permission of the currently active licensee.
Act/Rule Violated: Tex. Occ. Code §§1001.004(c)(2)(A), 1001.301(a) and (c)-(e), 1001.405, and 22 Tex. Admin. Code §§137.37(b) and 137.77(a).
Resolution: Cease and Desist Order and Administrative Penalty of $3,000.

David Ballard, New York, NY; Case Number B-40934
Violation: Mr. Ballard engaged in the practice of engineering without being licensed by the Board and made professional use of the term "P.E." or "professional engineer".
Act/Rule Violated: Tex. Occ. Code §§1001.004(c)(2)(A), (c)(2)(C), and 1001.301(a) and (c).
Resolution: Cease and Desist Order.

Green Star Engineering LLC #F-16075, College Station, TX; Case Number B-41094
Violation: Green Star Engineering LLC offered and provided consulting engineering services while its registration was expired.  Green Star Engineering LLC subsequently renewed its firm registration.
Act/Rule Violated: Tex. Occ. Code §1001.405(b)(1) and 22 Tex. Admin. Code §§137.77(d)-(e).
Resolution: Administrative Penalty of $750.

Mark Benjamin, P.E. #122516, Wellington, CO; Case Number D-38614
Violation: Mr. Benjamin was disciplined by another jurisdiction after practicing engineering in that jurisdiction without holding a current registration.  If Mr. Benjamin's conduct had occurred in Texas, he would have engaged in the unlicensed practice of engineering in violation of Tex. Occ. Code §§1001.004(c)(2)(A) and 1001.301(a).  Also, Mr. Benjamin did not properly and promptly notify the Board he had been disciplined by another jurisdiction's regulatory agency.
Act/Rule Violated: Tex. Occ. Code §§1001.004(c)(2)(A) and 1001.301(a), and 22 Tex. Admin. Code §137.5(c).
Resolution: Formal Reprimand.

Thomas Allan LaLonde, Jr., P.E. #93572, Kennedale, TX; Case Number D-38713
Violation: Mr. LaLonde failed to disclose a potential conflict of interest to a current client upon discovery of the possible conflict and accepted employment without all parties involved in the potential conflict of interest being fully informed in writing and the client or employer confirming the knowledge of the potential conflict in writing.
Act/Rule Violated: 22 Tex. Admin. Code §§137.57(c) and (d).
Resolution: One Year Probated Suspension contingent upon successful completion of the TTU Engineering Ethics Basic Course and remittance of an Administrative Penalty of $1,500.00.

Louis Carranza, Houston, TX; Case Number B-40360
Violation: Mr. Carranza engaged in the practice of professional land surveying without being registered.
Act/Rule Violated: Tex. Occ. Code §1071.251(b).
Resolution: Cease and Desist Order and Administrative Penalty of $1,500.

William Victor Perry, R.P.L.S. #4699, Kilgore, TX; Case Number D-38737
Violation: Mr. Perry failed to exercise reasonable care to prevent his associates from engaging in conduct, which if done by the surveyor, would violate the provisions of the Board rules, specifically, by allowing his field crew to remove a monument in violation of 22 Tex. Admin. Code §663.17(b).
Act/Rule Violated: 22 Tex. Admin. Code §663.10(4).
Resolution: Reprimand.

Victor Silvas Medina, R.P.L.S. #3419, Corpus Christi, TX; Case Number D-40631
Violation: Mr. Medina issued a misleading document by incorrectly labeling the distance between the property line and a structure on the property.
Act/Rule Violated: 22 Tex. Admin. Code §663.10(7).
Resolution: Reprimand and submittal of proof that a corrected survey has been provided within 45 days.