TEXAS BOARD OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS
November 19, 2020, Board Meeting Disciplinary & Administrative Actions

Michael Walker Beach, Miramar Beach, FL; Case Number B-38274
Violation: Mr. Beach unlawfully offered and practiced engineering by editing and adding to an engineering document that already contained the seal and signature of Mr. Edward Kellie, P.E., without attributing the source of the edits.
Act/Rule Violated: Tex. Occ. Code §§1001.004(c)(2)(A) and 1001.301(a).
Resolution: Cease and Desist Order.

Stephen Gerard Cook, R.P.L.S. #5293, San Antonio, TX; Case Number D-38464
Violation: Mr. Cook failed to exercise reasonable care or diligence to prevent one of his employees from engaging in conduct, which, if done by him, would violate any provision of the Act or Board rules by not recognizing the errors made by one of his employees.  Mr. Cook issued two surveying documents that contained representations which were misleading or created a misleading impression by signing and sealing both a survey and a follow-up confirmation letter indicating that a structure on the property surveyed did not encroach into the public utility and drainage easement when it actually did.
Act/Rule Violated: 22 Tex. Admin. Code §§663.10(4) and 663.10(7).
Resolution: Reprimand and Administrative Penalty of $3,000.00.

Richard Jabe Fussell, R.P.L.S. #4148, Dickinson, TX; Case Number D-38484
Violation: Mr. Fussell failed to connect all boundaries to identifiable physical monuments and failed to explain the boundary location in his sketch or written report by failing to include the points used for the boundary determination on the Survey.  Mr. Fussell failed to exercise reasonable care or diligence to prevent his partners, associates, or employees from engaging in conduct, which if done by him, would violate Board rules by failing to notice that monuments were set in incorrect locations during his review of the surveying project.
Act/Rule Violated: 22 Tex. Admin. Code §§663.16(3)(C) and 663.10(4).
Resolution: Reprimand.

David Samson Harlan, Jr., R.P.L.S. #2074, Weatherford, TX; Case Number D-38503
Violation: Mr. Harlan failed to rely on the description contained in the adjoiner deeds.
Act/Rule Violated: 22 Tex. Admin. Code §663.16(3)(A).
Resolution: Reprimand and Administrative Penalty of $1,500.00.

William Anderson Griswold, Jr., P.E. (Expired) #94047, Matthews, NC; Case Number D-38084
Violation: Mr. Griswold failed to properly and promptly notify the Board he had been disciplined by the regulatory licensing agencies for the State of New Mexico, the State of North Carolina, or the State of Ohio.
Act/Rule Violated: 22 Tex. Admin. Code §137.5(c).
Resolution: Formal Reprimand, One Year Probated Suspension and remittance of an Administrative Penalty of $450.00.

Robert Lynn Richardson, P.E. #78892, Beaumont, TX; Case Number D-38161
Violation: Mr. Richardson misrepresented he completed 15 hours of continuing education for the 2018 renewal period.  By making such a misrepresentation, Mr. Richardson failed to engage in professional and business activities related to the practice of engineering in an honest and ethical manner.
Act/Rule Violated: 22 Tex. Admin. Code §§137.17(p)(3) and 137.63(a).
Resolution: Two Year Probated Suspension contingent upon successful completion of the TTU Engineering Ethics Basic Course and remittance of an Administrative Penalty of $2,277.00.

Brian Rogers Baird, P.E. #91685, Austin, TX; Case Number D-38245
Violation: Mr. Baird engaged in engineering activities while his license was expired.
Act/Rule Violated: 22 Tex. Admin. Code §137.7(a).
Resolution: One Year Probated Suspension and remittance of an Administrative Penalty of $842.00.

Johnnie Almaguer Terrazas, P.E. #55566, Bulverde, TX; Case Number D-38282
Violation: Mr. Terrazas failed to affix his seal and original signature or electronic seal and signature with the date on the final version of his engineering work before such work was released from his control.  Mr. Terrazas failed to engage in professional and business activities related to the practice of engineering in an honest and ethical manner and failed to practice engineering in a careful and diligent manner.
Act/Rule Violated: 22 Tex. Admin. Code §§137.33(f), 137.63(a), and 137.63(b)(6).
Resolution: One Year Probated Suspension contingent upon successful completion of the TTU Engineering Ethics Basic Course and remittance of an Administrative Penalty of $2,577.00.

Joe P. Hill, P.E. #34297, Grand Prairie, TX; Case Number D-38539
Violation: In another jurisdiction, Mr. Hill applied his seal and signature onto a Project which he neither prepared nor had any control and/or personal supervision over.  If Mr. Hill's conduct had occurred in Texas, his actions would have violated 22 Tex. Admin. Code §137.33(b) by failing to only seal work done by him or performed under his direct supervision.
Act/Rule Violated: 22 Tex. Admin. Code §137.33(b).
Resolution: Formal Reprimand.

John Ward, P.E. #107079, Centennial, CO; Case Number D-38747
Violation: Mr. Ward was disciplined in another jurisdiction.  If Mr. Ward had practiced engineering on an expired license in Texas, Mr. Ward would have violated Tex. Occ. Code §1001.401(c) and 22 Tex. Admin. Code §137.7(a).  Also, Mr. Ward did not properly and promptly notify the Board he had been disciplined by another jurisdiction's regulatory agency.
Act/Rule Violated: Tex. Occ. Code §1001.401(c) and 22 Tex. Admin. Code §§137.7(a) and §137.5(c).
Resolution: Formal Reprimand.

Edward Lee Snodgrass, P.E. #72447, Tyler, TX; Case Number D-38748
Violation: Mr. Snodgrass was disciplined in another jurisdiction.  If Mr. Snodgrass' conduct had occurred in Texas, his actions would have violated Tex. Occ. Code §§1001.004(c)(2)(A), 1001.301(a), and 1001.401(c), and 22 Tex. Admin. Code §137.37(a)(2) by signing or affixing his seal on any document when his license has expired and by practicing engineering and using the term "engineer" on an expired license.
Act/Rule Violated: Tex. Occ. Code §§1001.004(c)(2)(A), 1001.301(a), and 1001.401(c), and 22 Tex. Admin. Code §137.37(a)(2).
Resolution: Formal Reprimand.

Paul Hidalgo, Wills Point, TX; Case Number B-38657
Violation: Mr. Hidalgo engaged in the practice of professional surveying while not being registered with the Board.
Act/Rule Violated: Tex. Occ. Code §1071.251(b).
Resolution: Cease and Desist Order and Administrative Penalty of $1,500.00.

Carl Nicholas Fauquier, R.P.L.S. #4372, Spring, TX; Case Number D-38592
Violation: Mr. Fauquier issued a misleading survey by issuing a signed and sealed survey that established incorrect property lines.  Mr. Fauquier also failed to include his Firm Registration Number on his survey.
Act/Rule Violated: 22 Tex. Admin. Code §§663.10(7) and 663.19(d).
Resolution: Reprimand and Administrative Penalty of $2,000.00.

Donald Keith Cox, R.P.L.S. #4577, Collinsville, TX; Case Number D-40420
Violation: Mr. Cox failed to assume the responsibility for such research of adequate thoroughness to support the determination of the location of the boundaries of the land being surveyed. 
Act/Rule Violated: 22 Tex. Admin. Code §663.16(3)(B).
Resolution: Reprimand and Administrative Penalty of $1,500.00.

James Marvin Mobly, R.P.L.S. #4128, Gun Barrel City, TX; Case Number D-40456
Violation: Mr. Mobly performed any act, allowed any omission, or made any assertion or representation which may be fraudulent, deceitful, or misleading, or which in any manner whatsoever, tended to create a misleading impression.
Act/Rule Violated: 22 Tex. Admin. Code §663.10(7).
Resolution: Reprimand and Administrative Penalty of $1,500.00.