TEXAS BOARD OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS
August 20, 2020, Board Meeting Disciplinary & Administrative Actions

 

Wesley Allan Buchhorn, P.E. #108508, Galveston, TX; Case Number D-38417
Violation: Mr. Buchhorn failed to issue statements only in an objective and truthful manner by issuing and submitting a misleading WPI-2 and failed to practice engineering in a careful and diligent manner by issuing a false and/or misleading windstorm inspection verifications form to TDI by submitting the WPI-2 in error.
Act/Rule Violated: 22 Tex. Admin. Code §§137.57(a) and 137.63(b)(6).
Resolution: One Year Probated Suspension contingent upon remittance of an Administrative Penalty of $2,500.00.

 

Michael Brandon Capehart, P.E. #126171, Friendswood, TX; Case Number D-37951
Violation: Mr. Capehart failed to practice engineering in a careful and diligent manner by issuing an engineering report that contained erroneous information.  Mr. Capehart later corrected the report.
Act/Rule Violated: 22 Tex. Admin. Code §137.63(b)(6).
Resolution: One Year Probated Suspension contingent upon successful completion of the TTU Engineering Ethics Basic Course.

 

David Franklin McCullah, R.P.L.S. #4023, Plano, TX; Case Number D-38467
Violation: Mr. McCullah failed to conduct research of adequate thoroughness to support the determination of the location of the boundaries of the land being surveyed and issued a misleading document by applying his seal and signature onto documents that were not properly designated as preliminary.
Act/Rule Violated: 22 Tex. Admin. Code §§663.16(3)(B) and 663.18(c).
Resolution: Reprimand and Administrative Penalty of $3,969.00.

 

Wayne Brandon Johnson, R.P.L.S. #5424, Fort Worth, TX; Case Number D-38478
Violation: Mr. Johnson failed to perform research of adequate thoroughness to support the location of the corners he marked on a survey, resulting in the setting of inaccurate monuments.  In addition, Mr. Johnson failed to mark a boundary corner in a way that is traceable to the responsible registrant or associated employee by setting iron spikes that did not contain any information to identify himself.
Act/Rule Violated: 22 Tex. Admin. Code §§663.16(3)(B) and 663.17(d).
Resolution: Reprimand and Administrative Penalty of $3,000.00.

 

Victor Silvas Medina, R.P.L.S. #3419, Corpus Christi, TX; Case Number D-38483
Violation: Mr. Medina made a representation which was misleading by applying his seal and signature onto an Elevation Certificate that contained incorrect ground elevation information. 
Act/Rule Violated: 22 Tex. Admin. Code §663.10(7).
Resolution: Reprimand and Administrative Penalty of $1,500.00.

 

James P. Walkoviak, R.P.L.S. #5971, Tomball, TX; Case Number D-38488
Violation: Mr. Walkoviak failed to exercise reasonable care or diligence to prevent his associates from engaging in conduct, which if done by him, would violate any provisions of the Act or Board Rules and signed and sealed an incorrect survey resulting in a representation that was misleading or created a misleading impression.  In addition, Mr. Walkoviak failed to respect junior/senior rights when conducting the survey and failed to conduct research of adequate thoroughness to support the location of the boundaries of the land being surveyed.
Act/Rule Violated: 22 Tex. Admin. Code §§663.10(4), 663.10(7), 663.16(1), and 663.16(3)(B).
Resolution: One Year Probated Suspension contingent upon remittance of an Administrative Penalty of $4,915.00 and successful completion of nine (9) hours of continuing education in boundary construction and/or records research.

 

Jeffrey Dale Boerner, R.P.L.S. #4939, Kerrville, TX; Case Number D-38495
Violation: Mr. Boerner issued a surveying document that contained representations which were misleading or created a misleading impression by signing and sealing a plat indicating iron rods had been set when they actually had not.
Act/Rule Violated: 22 Tex. Admin. Code §663.10(7).
Resolution: Reprimand and Administrative Penalty of $1,500.00.

 

Donald Matthew Cookston, R.P.L.S. #4733, Round Rock, TX; Case Number D-38498
Violation: Mr. Cookston failed to set an adequate quantity of monuments of a stable and reasonably permanent nature to represent or reference the property or boundary concerns and relied on an unmonumented line as a reference line.  By indicating monuments were set when they were not and relying on an unmonumented line as a reference line, Mr. Cookston signed and sealed a survey that made a representation that was misleading or created a misleading impression.
Act/Rule Violated: 22 Tex. Admin. Code §§663.17(b), 663.19(c), and 663.10(7).
Resolution: One Year Probated Suspension contingent upon remittance of an Administrative Penalty of $3,946.00 and successful completion of nine (9) hours of continuing education in boundary surveying.

 

Alan Russell Blair, R.P.L.S. #6139, Scoggins, TX; Case Number D-38502
Violation: Mr. Blair failed to follow the documented records of the land title affecting the boundaries being surveyed and failed to delineate the relationship between the record monuments and the locations of the boundaries surveyed.
Act/Rule Violated: 22 Tex. Admin. Code §§663.16(3), 663.16(4), and 663.19(a).
Resolution: Reprimand and Administrative Penalty of $3,000.00.

 

William Mark Green, R.P.L.S. #6020, Pittsburg, TX; Case Number D-38509
Violation: Mr. Green failed to include a clear disclaimer limiting the scope of a survey and issued a surveying document that was misleading or created a misleading impression.  Mr. Green failed to rely on the appropriate deeds and/or other documents including those for adjoining parcels for the location of the boundaries of the subject parcel(s) and failed to review the record instruments that identify the adjacent properties researched to prepare the boundary and cite the record instruments on the drawing.  In addition, Mr. Green failed to set monuments prior to issuing a surveying document.
Act/Rule Violated: 22 Tex. Admin. Code §§663.10(7), 663.16(3)(A), 663.16(3)(D), and 663.17(b).
Resolution: Reprimand and Administrative Penalty of $3,750.00.