Board of Professional Land SurveyorsCosmetology and BarberingProfessional Land Surveyors
Minutes – 12/15/20056/06/2011/09/200612/14/2006
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Cannon Building / STATE OF DELAWARE / Telephone: (302) 744-4500861 Silver Lake Blvd., Suite 203 / DEPARTMENT OF STATE / Fax: (302) 739-2711
Dover, Delaware 19904-2467 / Website: www.dpr.delaware.gov
DIVISION OF PROFESSIONAL REGULATION
PUBLIC MEETING MINUTES: Board of Professional Land SurveyorsCosmetology and BarberingProfessional Land Surveyors
MEETING DATE AND TIME: Thursday, December February 27thThursday, November 9,15, , December 14th, 20062005 at 9:30 008:30 a.mm.
PLACE: 861 Silver Lake Boulevard, Dover, Delaware
Conference Room A, Second floor of the Cannon Building
MINUTES APPROVED: 1/18/2007Thursday, January 19, 2006
MEMBERS PRESENT
Elton M. Murray, Chairman, Professional Member
Roy B. Kemp, Vice-Chairman, Professional Member
Victor Kennedy, Secretary, Public Member
Elton MurrayJohn H. Cook, Vice-Chairman, Professional Member, Presiding
Roy B. Kemp, Vice-Chairman, Professional Member
Lena M. CorderJohn H. Cook, SecretaryVice-President, Public Professional Member
Amos W. Aiken, Public MemberLaurence R. McBride, Professional Member
Michael J. EarlyMadelyn M. Nellius, Professional Public Member
Brenda L. Porter, Professional Member
Richard Shultie, Professional MemberMichael T. Szymanski, Professional Member
Jerome Stanley, Professional Member
DIVISION STAFF/DEPUTY ATTORNEY GENERAL PRESENT
Frederick H. Schranck,MaryPage Bailey, Deputy Attorney General
Allison ReardonAbby AdamsFrederick Schranck, Deputy Attorney General
Kay Warren, DeputyJames CollinsJames L. Collins, Director, Division of Professional Regulation
Peggy A. Foreit, Administrative Specialist II
MEMBERS ABSENT
John H. Cook, Vice-President, Professional Member
Jerome Stanley, Professional Member Russel Dolbeare, Professional Member
Victor Kennedy, Public Member
Winnie Lewis, Professional Member
Laurence R. McBride, Professional Member
Victor Kennedy
Veronica Hopkins, Secretary, Public Member
ALSO PRESENT
Gregg HookMiriam Harris
Felicia WiseDawn FrazierTrina Carter
Dante Carter
Miriam Harris
Cheryl ZapataTeresa Tucci
CALL TO ORDER
Mr. MurrayMs. CivarelliMr. Murray called the meeting to order at 9:40 3108:405 a.m.
REVIEW OF MINUTES
The board reviewed the minutes of the November 10thOctober 31st, 2005March 27thApril 24thOctober 19thNovember 9th, 2006 and November 28th, 2005 Board Meeting., 2005 Meeting. Ms. CivarelliBMr. Kemp made a onargio A change in wording was made to the section “Land Surveyor Renewal and Licensing Update”. Mr. Early made a motion to approve the meeting minutes with the amended changeswith the amended changes, seconded by Mr. McBride to approve the minutes with the amended changes, seconded by MSzymanski r. Aiken. TheThe motion was unanimously carried.
UNFINISHED BUSINESS
Discussion of the 143rd Legislative SectionSB 229 and Aesthetician LicensesLuke Lewan’s Letter to the BoardDraft of Rules and RegulationsRevised Letter to Board of Professional EngineersUpdate concerning meeting with the Professional Board of Engineers
Mr. Lewan wrote a letter to the board asking if a license was required under the board’s statute for the application of make-up. Ms. Abby Adams, Deputy Attorney General, for the board indicated that the board could not advise Mr. Lewan but only clarify the statute for him. Mr. Lewan explained that he would be applying makeup for a fee and Ms. Adams stated that the application of makeup under this context would require a license. Mr. Stanley stated that other states such as Maryland have a makeup license. Ms. Adams stated that the board could regulate this if they so choose but this would require the statute and regulations to be rewritten and presently makeup licensure is not part of the cosmetology statute. Brenda Porter stated that the Board should look to regulate this issue since there were safety concerns with regard to sanitation and infectious disease.
Ms. Adams suggested that the board review this at the next scheduled meeting of the revision of the rules and regulations meeting. The Board of Professional Land Surveyors reviewed the final draft of the proposed legislation to amend §2706(12) (f) and §2717 from Title 24 of the Delaware Code. Section §2706(12)(f) will delete the fee schedule and allow for the Division of Professional Regulation to set the required fees. Mr. Early questioned what a certificate of registration meant in this section. Peggy Foreit stated that the terminology referred to the actual license not the wall certificate. Section §2717 will change the jurisdiction over penalties from Superior Court to the Justice of the Peace Court.
A motion was made by Mr. Early and seconded by Mr. Kemp to approve the legislation for submission to James Collins, Director of the Division of Professional Regulation. The motion was unanimously carried.
Mr. Schranck will draft a letter for Mr. Murray’s signature in order to present the legislative changes to Mr. Collins. Mr.Allison Reardon informed the board that the rules and regulations would need to be drafted as the changes were not available from prior meetings. A motion was made by Ms. Nellius to table the drafting of the rules and regulations until the next meeting, seconded by Mr. Shultie. The board unanimously approved the motion. Collins will submit the changes to the legislature in February, 2006.Peggy Foreit submitted a revised cThe board members (Elton Murray, Roy B. Kemp, Laurence McBride and Mike Szymanski) will be attending a meeting with Mr. Guy Marcozzi, President, of the Board of Professional Engineers on Wednesday, January 10th, 2007 to discuss a resolution to issues discussed in a
July 11th, 2006 letter from Mr. Brad Temple. Mr. Clifford Bakhsh, Emeritus PLS Board Member, is attending at the board’s request.opy of the letter to the Delaware Board of Professional Engineers requesting a meeting to discuss the letter from Mr. Brad Temple of Temple-Sellers, Inc. concerning the engineering membership conducting land surveys. Mr. Murray and
Mr. Kemp signed the letter on behalf of the board.
NCEESE Statistics for National Exam
Statistics from the NCEES were provided to the Board Members concerning how Delaware candidates ranked among national candidates on the NCEES. In the FS Portion of the exam, DE candidates are ranking with a mean score of 81.0 which is 10.1% ahead of the national mean score of 70.9%.
The following individuals received licensure upon passing the required October, 2006 NCEES Examinations and/or DE State Drainage Examination. The individuals granted licensures on 10/27/2006 were: Douglas P. Williams (S6-0000719); Matthew R. Brickley (S6-0000720); Edward A. Patalano (S6-0000721); Steven F. Mervine (S6-0000722); David N. Shumate
(S6-0000723); and Charles W. Smith (S6-0000724).
The next scheduled examination dates are April 21st and April 22nd. The close date for applications will be the February board meeting.
Sample of Pass/Fail Letter from PCS to NCEES Examination
The board was provided copies of the pass and fail letters that Professional Credential Services will be supplying candidates after taking the examinations. A website is being developed to assist candidates in registering and paying fees for the exam. A copy of the website is located at www.pcshq.com.
DAG Legal Update for Complaint# 05-04-06
Mr. Kemp stated that a revision was made to 24 Del. C. §2712 (10) in 2006 which the board was under the impression would allow for the board to take disciplinary action against individuals who practiced land surveying on an expired license. According to Complaint# 05-04-06, the licensee referenced practiced land surveying on an expired license.
Mr. Schranck stated that the above referenced complaint did show a land surveyor practicing without a license however the licensee renewed his license during the late renewal period. The rules and regulations under section 16.0 will need revision in order to allow a period of less than two years for late renewal. Currently the late licensure renewal is for a two year period.
Mr. Schranck informed the board that a land surveyor who renews during the late renewal is not subject to a penalty for practicing on an expired license. Once a licensee renews their license, all land surveys performed by that licensee are valid. In order to discipline licensees for practicing without a license in the future, the renewal period of two years would need to be changed to another designated time (30 days or 60 days).
Final Version of Professional Land Surveyor Application
The final application was reviewed and Mr. Kemp stated that a change should be made to make the print font consist throughout the document. The change to the font will be made by
Peggy Foreit and the new application updated on the website.
NEW BUSINESS
Final Version of the Document Retention ScheduleDiscussion of Rules and Regulation ChangesUpdate to Board on NCEES/State Drainage Testing for October, 2006 and 2007
Statute, Rules and Regulations Changes
Peggy Foreit stated to the board that the current application for reinstatement of a lapsedThe Rules and Regulation Draft will be obtained from Mary Page Bailey, former DAG to the Board and presented at the next meeting by Abby Adams. Mr. Shultie stated that shops are not registering with the board office. Mr. Shultie stated that the rules and regulations did mention shop registration and should be updated to reflect changes that discipline shop owners for not registering. The board stated that they would review the provisions for shop registration at the next scheduled Rules and Regulations Meeting. MsMike Szymanski presented the revised changes to the statute for 24 Del. C. §2702 and §2708.
Additional changes are required for sections concerning the provisions on experience and survey intern. A rules and regulations committee meeting is being scheduled for 1/10/2007 to discuss with the committee members the additional changes.
. Foreit stated that all examination results were received for the Delaware State Drainage Examination. The candidates will receive notification of the examination scores this week. The board still is awaiting receipt of the NCEES testing scores.
Changes for the Attestation Process have been requested by James Collins, the Director of Professional Regulation. Beginning with the June, 2007 renewal, licensees will be renewing on line. A change to the rules and regulations will be required under section 10.4. This change will be supplied for the board’s review at the next meeting.
Letter of Concern and Cease/Desist Changes
Legislative changes will need to be made to the statute in order for the board to use the cease and desist letter. Changes will be discussed at the next regularly scheduled board meeting.
Letter of Concern Revision of Statute and Legislative UpdatesContinuing Education
Mr. Murray stated that since Mr. Schranck was unavailable to discuss statute revisions and legislative updates concerning the Letter of Concern. Mr. Schranck will need to submit a draft copy of the statute change that would be required in order to implement this change for the Board’s review at the next meeting.
Revisions to Application Verification
Mr. Szymanski submitted to the board a draft copy of the verification form that will be used on the application for the professional land surveyor. After some discussion by the board members, changes will be made to the font size, the word “total” will be added to line 3 in paragraph one so that it reads “under the total direct supervision of a licensed professional land surveyor”, and the signature on page 1 will read “Name of Licensed Supervisor” instead of “licensed supervisor’s business name”. Page two changes are to amend the signature section to read will read “Supervising Professional Land Surveyor” instead of “signature of direct supervisor.” A motion was made by Mr. Kemp, seconded by Mr. McBride to approve the application verification form with the revised changes. The board unanimously approved.
Peggy Foreit supplied a copy of the Document Retention Schedule to the board. A discussion took place on when applications are considered abandoned. Peggy Foreit stated that after 6 months the Division sends a letter to the applicant asking them whether or not they want to continue the application process. If candidates do not act on an application after one year, then that application is considered abandoned and sent to storage.
Brochure for Delaware Technical College
DAG Legal Update for Complaint# 05-04-06
Ms. Adams stated that Mr. Schranck will report on this complaint at the next scheduled board meeting as she was not aware of the status of the investigation concerning this complaint.
NEW BUSINESS
Propose to Deny Hearing of Carl W. Sweikert
A Propose to Deny Hearing was conducted by the Board on the application for licensure of
Mr. Carl W. Sweikert. Mr. Sweikert was not represented by legal counsel and agreed to proceed without legal counsel. Mr. Sweikert was sworn in and presented testimony on how he received his felony conviction. Mr. Dennis DiBlasio and Mr. Glenn O. McAllister, representatives from Pennoni Associates, appeared as character witnesses on the behalf of the applicant. After deliberation, a motion was made by Mr. McBride to waive 25 Del. C. §2708 (a)(5), seconded by Mr. Kemp. The board unanimously approved. Mr. Sweikert will be allowed to sit for the DE State Drainage, NCEES Fundamentals of Surveying and NCEES Principles and Practices of Surveying Examinations in April, 2007.
Mr. Early and Mr. Kemp expressed concern that the Board not be involved in putting out emails with continuing education attachments that are board approved. All members were in agreement that the Continuing Education portion of the website should be developed and continuing education courses with approved personal development hours (pdh) be put on the website.
NEW BUSINESS
Review of Land Surveyor ApplicationsScheduled Hearing
A rule to show cause hearing was held by the board against Mr. Leslie Thompson of the Hair Palace School. The motion was presented by Mr. James Hanley, Deputy Attorney General. Mr. Hanley stated that the Hair Palace School owned by Mr. Leslie Thompson does not have a cosmetology instructor on its staff as required by 24 Del. C. §5118. Mr. Hanley requested that the board approve the motion to show cause and that same be signed by the Board President, Marina Civarelli. The motion to show cause should then be processed and served to Mr. Leslie Thompson. Mr. Hanley stated that the motion to show cause should be sent certified mail to the last known address of Mr. Thompson and if returned be hand delivered by a Division of Professional Regulation Investigator.
A motion was made by Ms. Nellius to accept the order and seconded by Mr. Shultie. The board approved the order unanimously.
Peggy Foreit presented the application again of Matthew Brickley. At a previous board meeting the board denied Mr. Brickley’s application for failure to submit the required responsible charge experience. Mr. Kemp stated that the application was confusing with regards to several elements of documentation.