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Disciplinary Actions

Details of specific disciplinary actions taken by the Board after May 1, 2016 are listed below. To request the details of a specific disciplinary action taken before May 1, 2016, please submit a public records request.

Description
The Board issued a Default Final Order against Zach Gollier for providing untruthful statements to the Board. Mr. Gollier provided untruthful statements to the Board when submitting a complaint. The final order was issued against Mr. Gollier assessing him a $1,000 civil penalty for violating OAR 820-020-0025, untruthful statements.
Final Order
/osbeels/Documents/FinalOrders/20180912_3096_Gollier.pdf
Description
The Board entered into a Settlement Agreement with Edgardo Quiroz for failing to comply with PDH requirements and failure to cooperate with the Board. The Board had proposed to assess Mr. Quiroz a $500 civil penalty for violation of OAR 820-010-0635(1)(e) and OAR 820-020-0015(8), and the refusal to renew his license for non-compliance with OAR 820-015-0026. Through an informal conference the Board and Mr. Quiroz agreed to settle on the following terms; Mr. Quiroz would pay a $500 civil penalty for OAR 820-020-0015(8) and OAR 820-010-0635(1)(e). As part of the settlement agreement, Mr. Quiroz must also complete 12 PDHs and the Board would perform an audit of Mr. Quiroz’ submitted PDHs for the period between January 2015 and December 2016.
Final Order
/osbeels/Documents/FinalOrders/20180508_3066_Quiroz.pdf
Description
The Board entered into a Settlement Agreement with Donald Sherman for negligence in the practice of engineering. The Board had proposed to assess Mr. Sherman a $5,000 civil penalty for five (5) violations for ORS 672.200(2), negligence in the practice of engineering, and a 60-day license suspension for two (2) instances of gross negligence and incompetence in the practice of engineering. Mr. Sherman signed and sealed project plans for a significant structure when he is not registered in the state of Oregon to perform such duties, he is a registered PE in the state. The Board also determined within two of the projects Mr. Sherman was grossly negligent in his engineering work. Through an informal conference the Board and Mr. Sherman agreed to settle on the following terms; Mr. Sherman would pay $3,300 civil penalty and serve a 30-day suspension for gross negligence.
Final Order
/osbeels/Documents/FinalOrders/20180912_3028_Sherman.pdf
Description
The Board issued a Default Final Order against Jacob Wright for engaging in the unlicensed practice of engineering. Mr. Wright was contracted to be the engineer of record for a home project in 2014 and performed engineering and design work on the project through 2016. Additionally, Mr. Wright represented himself to be a licensed engineer commercially and in professional relationships. The final order was issued against Mr. Wright assessing a $9,000 civil penalty for one (1) violation of OAR 820-010-0720(3), advertising to perform professional engineering services without a license, eight (8) violations of ORS 672.045(2), falsely representing to be authorized to practice engineering.
Final Order
/osbeels/Documents/FinalOrders/20180313_3025_Wright.pdf
Description
The Board issued a Default Final Order against Zeyn B. Uzman for failing to notify the Board of disciplinary action he received from the Arizona Board. The Arizona Board found Mr. Uzman guilty of aiding and abetting an unregistered person to evade Board statutes by signing and sealing structural calculations that were prepared by a non-registrant, Barry Houseal. Mr. Uzman was assessed a $4,233.00 civil penalty by the Arizona Board. The final order was issued against Zeyn B. Uzman assessing a $1,000 civil penalty for violation of OAR 820-020-0045(4).
Final Order
/osbeels/Documents/FinalOrders/20170314_3024_Uzman.pdf
Description
The Board issued a Default Final Order against Marcia Lynn Karr for not disclosing conflicts of interest to her employer and multiple clients when offering engineering software services. While Ms. Karr was employed with the City of Portland, Bureau of Development Services (BDS) as a Mechanical & Energy Code Plan Reviewer, she personally marketed, trained customers on, and profited from an engineering product she had developed for designing building plans – a thing of value – when she worked as a plan reviewer for the municipality where those plans would be submitted for review – which created a relationship between that thing of value and the services she was providing. Ms. Karr marketed the private planning tool to clients and new customers, and did so on city time while employed full time. These circumstances constituted a conflict of interest because it would promote her software product if she approved plans she reviewed that used it, the circumstances of her conduct could also influence her judgment as a plan reviewer and the quality of her BDS services. Karr did not disclose this simultaneous conduct or the circumstances surrounding it to BDS or to the persons to whom she marketed the software to, in writing. The final order was issued against Marcia Lynn Karr assessing a $1,000 civil penalty and a 90-day suspension of her professional engineering registration pursuant to ORS 183.745, 672.200, and 672.325.
Final Order
/osbeels/Documents/FinalOrders/20170314_3023_Karr.pdf
Description
The Board issued a Default Final Order against Barry Houseal for failing to report discipline issued against him in another jurisdiction. The final ordered was issued against Mr. Houseal assessing a $1,000 civil penalty for violation of OAR 820-020-0045(4).
Final Order
/osbeels/Documents/FinalOrders/20170110_3022_Houseal.pdf
Description
The Board issued a Default Final Order against Gui Jang Yang for failing to cooperate with a continuing education credit audit. On or about June 22, 2014, Yang renewed his registration and, on his renewal application, claimed to have obtained 30 hours of Continuing Professional Development in the preceding biennium. Yang failed to respond to three Board requests for documentation in support of an audit, responding only after his matter had become a law enforcement case. Through an informal conference, the Board and Mr. Yang reached a settlement agreement wherein the final order was issued against Mr. Yang assessing a $200 civil penalty for the violation of OAR 820-020-0015(8).
Final Order
/osbeels/Documents/FinalOrders/20170314_3017_Yang.pdf
Description
The Board issued a Default Final Order again Dale Hult for failing to give landowners proper notice of entry when his company was conducting a land survey and property line adjustment. The final ordered was issued assessing Mr. Hult a $500 civil penalty for violation of ORS 672.047(4).
Final Order
/osbeels/Documents/FinalOrders/20170110_2990_Hult.pdf
Description
The Board entered into a Settlement Agreement with Brad Hupy for violating the Board’s rules of professional conduct; continuing to perform engineering services while his registration was delinquent. The Board had proposed to assess Mr. Hupy a civil penalty of $123,200 for 121 violations of Oregon Revised Statue (ORS) 672.020(1), ORS 672.045(1) and (4), Oregon Administrative Rules (OAR) 820-010-0520 and OAR 820-020-0005(6). Additionally, through investigation the Board found Mr. Hupy had violated OAR 820-020-0025(1), OAR 820-020-0050(1), and OAR 820-010-0720(3). Through an informal conference the Board and Mr. Hupy agreed to settle on the following terms; • He will be assessed a $30,800 civil penalty with the remaining balance suspended for 5 years if Mr. Hupy meets all the conditions of his agreement. If Mr. Hupy should fail to meet any of the conditions; the remaining balance of $92,400 will become due immediately, and he will be subject to additional discipline. • Mr. Hupy’s remaining registration renewal and delinquent fees, in the amount of $690, must be paid in full. • Mr. Hupy must complete 30 PDH in engineering ethics by June 30, 2018 through the Texas Tech University Murdough Center for Engineering professionalism. • Mr. Hupy must complete his remaining 90 delinquent PDHs by June 30, 2019. • Mr. Hupy must remove all professional titles from all identifying business resources and provide evidence of having done so. • Mr. Hupy must not identify as a PE/GE until successfully renewing his Oregon registration as a PE, qualified in GE. • Mr. Hupy shall commit no new violations from April 30, 2018 through April 12, 2023. • Should Mr. Hupy fail to pay any part of the civil penalty on its monthly due date, he will be assessed a 15% interest on any unpaid balance, which will become due immediately.
Final Order
/osbeels/Documents/FinalOrders/20180508_2989_Hupy.pdf
Description
The Board entered into a Settlement Agreement with Michael Lowell for applying his seal to plans and/or documents that were not prepared under his direction and control. The Board had proposed to assess Mr. Lowell a $500 civil penalty for each violation of Oregon Revised Statute (ORS) 672.020(2) and Oregon Administrative Rule (OAR) 820-020-0020(2), totaling $1,000. However, through an informal conference the Board and Mr. Lowell agreed to settle on the following terms; Mr. Lowell would pay a $250 civil penalty for each violation, totaling $500.
Final Order
/osbeels/Documents/FinalOrders/20171114_2977_Lowell.pdf
Description
The Board entered into a Settlement Agreement with Troy Lyver for violating the Board’s rules regarding proper seal and signing methods. The Board had proposed to assess Mr. Lyver a 90-day license suspension for violating the Board’s laws for professional conduct and a $6,000 civil penalty as follows: • One (1) violation of OAR 820-020-0020(2)—affixing seal to plans and documents not prepared under supervision or control—at $1,000 per violation; • 18 violations of OAR 820-025-0010(3)(f) and OAR 820-025-0005—failing to wet-sign his stamped or computer generated seal on 9 occasions, and failing to digitally sign his documents and bear the phrase “digitally signed” on those documents —at $250 per pair of violations; and • One (1) violation of OAR 820-020-0015(8)—failure to cooperate with an investigation of the Board—at $500 per violation. Through an informal conference, the Board and Mr. Lyver agreed to the following terms; Mr. Lyver would pay a $1,000 civil penalty for 18 violations of OAR 820-025-0010(3)(f) and OAR 820-025-0005.
Final Order
/osbeels/Documents/FinalOrders/20180110_2976_Lyver.pdf
Description
The Board issued a Default Final Order against Jack Camp for failing to pay a $4,000 civil penalty that was assed to him by the Texas Board of Professional Engineers. Camp falsely certified to the Texas Board on his 2014 PE renewal application that he had completed the required 15 hours of continuing education when he had not done so. The final order was issued against Jack Camp revoking his license for pursuant to OAR 820-020-0015(3) and ORS 672.200(5) and (6). Revocation of Camp's registration shall be held in abeyance for one year. Through an informal conference, the Board and Mr. Camp reached a settlement agreement wherein if Camp pays the Texas Board the $4,000 civil penalty he owes to it, and provides the Board with written confirmation from the Texas Board that Camp has paid the civil penalty in full, within one year from the date the Final Order accompanying this settlement agreement is issued, Camp's revocation shall be dismissed. If, however, Camp fails to complete full payment to the Texas Board within a year from the date the Final Order is issued Camp's revocation shall be effective immediately.
Final Order
/osbeels/Documents/FinalOrders/20170314_2964_Camp.pdf
Description
The Board issued a Default Final Order against Jacob Wright for multiple title violations, falsely representing himself as authorized to practice engineering in the state of Oregon, and unethical behavior. Mr. Wright met with the Board in an informal meeting to dispute the case and reach a settlement agreement, however, no agreement was reached. A final order was issued against Mr. Wright assessing a $18,000 civil penalty for eight violations of ORS 672.045(2), engaging in activities related to the practice of engineering without having a valid registration, and ten violations of OAR 820-020-0025(1), making untruthful statements or failing to include relevant information. The civil penalty is due and payable in 60 consecutive, monthly payments of $300 per month.
Final Order
/osbeels/Documents/FinalOrders/20170110_2951_Wright.pdf
Description
The Board entered into a Settlement Agreement with Thomas Hamilton, PLS, for violating the Board’s laws and rules for professional conduct. The Board had proposed to assess Mr. Hamilton a civil penalty of $3,250 for violations of ORS 209.250(3)(d), OAR 820-020-0025(1), OAR 820-020-0015(8), OAR 820-020-0015(1), and OAR 820-020-0015(2). Through an informal conference, the Board and Mr. Hamilton agreed to settle on the following terms; Mr. Hamilton would pay a total $500 civil penalty for one violation of ORS 209.250(3)(d) and one violation of OAR 820-020-0015(2).
Final Order
/osbeels/Documents/FinalOrders/20180110_2941_Hamilton.pdf
Description
The Board issued a Final Order against Duane Thompson for negligence in the practice of engineering. The negligent work was related to plans Mr. Thompson had submitted to the City of Portland for a residential roof project. The Final Order was issued against Mr. Thompson assessing him a $500 civil penalty for negligence.
Final Order
/osbeels/Documents/FinalOrders/2920%20Thompson%20Final%20Order.pdf
Description
The Board entered into a Settlement Agreement with Mitchell Duryea for failing to submit for review a permanent map of survey to the county within 45 days of establishing a monument on three separate occasions and failing to include an expiration date or date of renewal on his seal. The Board had proposed to assess Mr. Duryea a $1,500 civil penalty for three (3) violations of ORS 209.250, 45-day filing violation and five (5) violations of OAR 820-025-0005(2), failing to include expiration date or date of renewal on seal. However, through an informal conference the Board and Mr. Lowell agreed to settle on the following terms; Mr. Duryea would pay $250 for five (5) violations of OAR 820-025-0005(2) and receive a Letter of Concern (LOC) for the three violations of ORS 209.250.
Final Order
/osbeels/Documents/FinalOrders/20180110_2888_Duryea.pdf
Description
The Board issued a Default Final Order against Comfort Flow Heating, Co. for engaging in the practice of engineering without an Oregon registered professional engineer (PE) as a full-time manager, officer or employee. Comfort Flow Heating, Co. submitted a proposal to provide Heating Ventilation and Air Conditioning (HVAC) system services to the first floor event center at the Wheelhouse, a mixed-use commercial office building in Albany Oregon. In the proposal, Comfort Flow Heating performed its own calculations for system performance and made its own equipment selections without the review or supervision of an Oregon PE. A final order was issued against Comfort Flow Heating assessing a $1,000 civil penalty for the violation of ORS 672.020(1), 672.045(2) and OAR 820-01 0-0720(1).
Final Order
/osbeels/Documents/FinalOrders/20170314_2887_ComfortFlowHeating.pdf


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