ALJDEC

98F-C125-BTR · Board of Technical Registration · 1997-11-07

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

| |§ | | |In the matter of: |§ |Docket No.: 98F-C125-BTR | | |§ | | |PAUL EDGAR SHIELDS, |§ |findings of fact, | |Holder of License No. 07370 |§ |conclusions of law and Recommended | |for the practice of Civil |§ |order | |Engineer in the State of |§ | | |Arizona. |§ | | | |§ | | | |§ | | | |§ | |

HEARING: November 3, 1997, at 9:00 a.m. APPEARANCES: The Board of Technical Registration of the State of Arizona (“Complainant”) appeared through Assistant Attorney General, Gretchen Aliabadi. Paul Edgar Shields (“Respondent”) failed to appear. ADMINISTRATIVE LAW JUDGE: M. Douglas

This matter came on for hearing on November 3, 1997, pursuant to notice duly sent to all parties. The Complainant appeared through Assistant Attorney General, Gretchen Aliabadi, and the Respondent failed to appear. Evidence and testimony were presented and, based upon the entire record, the following Findings of Fact, Conclusions of Law and Recommended Order are made:

FINDINGS OF FACT

1. The Respondent is the holder of License No. 07370 for the practice of Civil Engineer in the State of Arizona. The said license was first issued on August 9, 1969 and expires on June 30, 1998.

2. The instant complaint was filed by the Complainant alleging improper activity by the Respondent. Uncontroverted evidence presented at hearing established that the Respondent failed to apply the same technical knowledge and skill which would be applied by other qualified registrants who practice structural engineering in the same area and at the same time.

3. Uncontroverted evidence established that the Respondent failed to comply with applicable sections of the 1991 edition of the Uniform Building Code, as adopted by Pima County, State of Arizona, in the Respondent’s preparation and submission of plans for the construction of an eight foot high block patio fence in said county.

4. Uncontroverted evidence established that the Respondent failed to seal and sign his calculations sheet at the time of its submittal to the local building authority.

5. By his failure to appear at the hearing, the Respondent failed to present any matters in defense or mitigation of the charges herein. However, there was no showing that the Respondent has committed any prior violations of the Arizona State Board of Technical Registration and, therefore, the instant matter is treated as a first offense and considered in mitigation for the determination of any recommendation of appropriate disciplinary penalties to be imposed as a result of this matter.

CONCLUSIONS OF LAW

1. Uncontroverted evidence of record established violations, by the Respondent, of the provisions of A.R.S. §32-128(B)(4), namely A.A.C. R4-30-301(A)(5),(7),and R4-30-304(A)(4),(5) and A.R.S. §32-125(C ), namely, A.A.C. R4-30-301(A)(3).

RECOMMENDED ORDER

In view of the foregoing, it is recommended that, on the effective date of this Order, that the Complainant issue an administrative warning to the Respondent that a registrant shall comply with all State, municipal and county laws, codes, ordinances, or regulations pertaining to the registrant’s professional practice. It is further recommended that the Complainant impose a restriction against the Respondent’s license, for a period of one year, prohibiting the use of the Respondent’s seal for structural engineering matters. Dated this 5th day of November, 1997.

OFFICE OF ADMINISTRATIVE HEARINGS

_________________________________ M. Douglas Administrative Law Judge

Original transmitted by mail this ____ day of November, 1997, to:

Ronald W. Dalrymple, Executive Director Board of Technical Registration Attn: Mark Naugle 1951 W. Camelback, Suite 250 Phoenix, AZ 85015

By _______________________________

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