Board of Licensure for
Professional Engineers
and Surveyors
____________________________________________________________________________________
660 North Street, Suite 400
Jackson, MS 39202
Telephone (601)359-6160
www.pepls.state.ms.us
_____________________________________________________________________________________________________________________________
Terrell W. Temple, PE, PS, President
Joseph E. Lauderdale, PE, Vice-President
Joe W. Byrd, PS, Secretary
Dr. Dennis Truax, PE, Member
Shannon D. Tidwell, PS, Member
Rick Turner, PE/PS, Member
Bennie Sellers, PE/PS, Member
Matt Rankin, PS, Member
Joe Frank Lauderdale, PE/PS, Member
Rosemary Brister, CPA, Executive Director
_____________________________________________________________________________________________________________________________
Spring/Summer, 2012
NEWSLETTER
Twenty-sixth Edition
_____________________________________________________________________________________________________________________________
Recent Board Activities
The Board is 100% self-funded. All fees and other monies received by the Board are deposited into
its own special fund in the State Treasury, which, as stated in Mississippi law, shall be used for the
implementation and administration of Board operations, as appropriated by the state legislature. With careful
conservative administration over the years, we have been able to keep our fees stable and low. The Mississippi
House of Representatives passed a bill this session to transfer over $900,000 of the Board’s fund to the Budget
Contingency Fund – a fund used to address shortfalls in the general fund budget. Many licensees around the
state contacted their legislators. Later in the session, another bill was passed, reversing the earlier bill.
Section 73-13-41(g) is a new section of the engineering licensure law that was passed this legislative
session, stipulating that PE licensure will not be required of expert witnesses testifying on engineering activities
already exempted in the industrial exemption section of the law.
The Board is researching the laws and rules in various other states for ways to resolve the overlap issue
of building design between Professional Engineers and Architects. The Board is also seeking clarification of
current Mississippi law from the office of the Attorney General.
Professional Surveyor licensees over 60 years of age with 20 or more years of practice are now required
to obtain 1 PDH of Mississippi Surveying Standards biennially. If one is going to have an active PS license,
then knowledge and compliance of the current standards is required.
Reminder: the new law affecting Surveyor Intern applicants becomes effective July 1, 2012.
Regarding competitive bidding restrictions…
The Board recently revised Rules 17.56 and 17.57, in an effort to make the restrictions on competitive bidding
easier to understand. The revised rules are as follows:
17.5-6 The Professional Engineer, and the engineering firm, is to seek professional employment based
primarily on the qualifications and competencies required for proper accomplishment of the work. This
process restricts the Professional Engineer or firm from submitting a price for services until the
prospective client has selected that Engineer or firm, based primarily on stated qualifications and
competencies, for final contractual negotiations.
Competitive price proposals may not be submitted or solicited for professional services unless all the
following restrictions are met:
a.
The prospective client has first sought statements of qualifications from interested licensees, and
b.
Those licensees chosen by the client on the basis of qualifications and competence for proper
accomplishment of the work (not to exceed five) have received in writing a comprehensive and
specific Scope of Work, and
c.
When the Scope of Work has been prepared, signed and sealed by a licensed Professional
Engineer who has attested to the completeness and adequacy of the Scope of Work assuring that
it fully identifies and describes the factors affecting the required engineering services, and
d.
Assurances have been given by the prospective client that factors in addition to price were
considered in selecting the Professional Engineer, and
e.
Neither the Professional Engineer that sealed the Scope of Work, nor this Professional
Engineer’s firm, will be allowed to submit a price proposal.
17.5-7 The Professional Surveyor, and the surveying firm, is to seek professional employment based primarily
on the qualifications and competencies required for proper accomplishment of the work. This process
restricts the Professional Surveyor or firm from submitting a price for services until the prospective
client has selected that Surveyor or firm, based primarily on stated qualifications and competencies, for
final contractual negotiations.
Competitive price proposals may not be submitted or solicited for professional surveying services unless
all the following restrictions are met:
a.
The prospective client has first sought statements of qualifications from interested licensees, and
b.
Those licensees chosen by the client on the basis of qualifications and competence for proper
accomplishment of the work (not to exceed five) have received in writing a comprehensive and
specific Scope of Work prepared by the client or the client's representative that completely
describes the factors affecting the required surveying services, and
c.
Assurances have been given by the prospective client that factors in addition to price were
considered in selecting the Professional Surveyor.
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Countdown: Top 10 Mistakes Made By Licensees
10. Practice or use of the title on an expired license or company COA. If not renewed by December 31 each
year, the license/COA expires; continuing to practice is a violation of state law. Don’t think of it as “being late
in paying my dues” – the license legally expires as of January 1. If it has not been renewed, any practice as of
January 1 constitutes unlicensed practice.
9. Failure to respond to Board communications in a timely manner. See rule 17.8; a failure to respond to
repeated communications will leave the Board little choice but to consider disciplinary action.
8. Failure to notify the Board of changes in contact information. See rule 17.9. This results in not receiving
newsletters, emails blasts, renewal notices and other Board communications, which could jeopardize your
license or your compliance with Board requirements. It could also cause you to fail to respond to Board
communications – see item 9 above.
7. Failure to maintain adequate documentation of continuing education activities. Rule 23 requires these
records to be maintained for up to three years, and to be furnished to the Board if one is selected for audit. This
is a personal responsibility that you should not trust to others.
6. Misrepresenting the number of continuing education hours earned at renewal. There are specific
requirements for ethics and surveying standards, as well as the total PDH required each year. If you certify that
you have complied with these requirements at the time of renewal, are later audited, and it is found that you did
not comply, you will be subject to disciplinary action. Be sure to check your records and confirm the number of
PDH’s completed before renewing your license.
5. Failure to properly sign, seal and date your final work product – reports, plats, designs, specifications, etc.
State law 73-13-29 and Rule 14 delineate this requirement. Yet the Board has seen specs with a seal but no
signature, plans with incomplete dates, inadequate indexes with a seal and signature, but no date.
4. Failure of the company or designated licensee to update the Board within 30 days of a change or loss of
their designated licensee. See rule 16.1-8.
3. Failure to restrict one’s practice to one’s area(s) of competence. As a professional, you are expected to know
your limitations and restrict your practice to your field(s) of competence. The Code of Conduct states, “The
licensee shall at all times recognize his primary obligation to protect the safety, health, and welfare of the public
in the performance of his work.”
2. Failure to provide adequate responsible charge. In this economy, everyone is doing more with less,
stretching to make ends meet, with a few licensees cutting a corner here and there…and creating the opportunity
for errors, problems, and rule violations. Licensees must have direct control and personal supervision over
those under their authority; their responsible charge should be adequate because they are responsible.
1. Last, and most significant - Failure to read and be familiar with the Mississippi law and Board regulations.
The law and rules are frequently amended, so licensees are advised to review them on a regular basis (at least
annually). They are available in a printer-friendly format on the Board’s website. A host of problems can be
easily avoided by simply reading and abiding by the law and rules. If you can’t remember the last time you
read through them – do it today!
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Examinees who passed the October 2011 exams
MS 2 hr PS Exam
Stanley John Ard
Louis J. Bergman, Jr.
James Brett Brasher
Carl Holland Cox
Gary Ray Davidson
Dave Robert Hobbs
Cecil Thomas Hudson
Charles Lee Iner
James Carroll Jones
Johnny Ray Lewis
Jerald Duane Long
Terral John Martin, Jr.
John Brandon McCain
Drew Sheffield McCord
Charles Edward O’Neal
Ray Lynn Riggs
John Michael Russell
Jeffery Neil Thompson
Principles/Practice of Surveying
James Brette Brasher
Carl Holland Cox
Kevin Lee Hall
Jerald Duane Long
Bruce Keen Rucker
Everette Dean West, IV
Principles/Practice
of Engineering
Kevin Abel
Christopher Messemore
Jeremy Blakeney Eric Hossein-Dahbash
William Bradshaw Gabriel Hurtado
David Cantrill
Paul Kocke
Jason Cooper
William Martin
Laura Evans
Shane McCullough
Jessica Fancher
Michael Pigford
Seamus Freyne
Brandon Rut
Dustin Gatlin
Chris Schultz
Julie Graves
Jeremy Sharp
Sean Hilsdon
Michael Sorrels
Jason Horton
David Torrence
Matthew Horton Mary Williams
Steven Willison
Fundamentals of Surveying
Nolan Brown
Daniel Newman
Robert Burkett Steven Parker
Phillip Chestnutt Allen Russell
David Cupit
Jeremy Smith
Lance Cutrer
Richard Sullivan
Joseph Hitt
Lonnie Taylor
Andrew Holliday John Weeks
Stephen McCain
___Fundamentals of Engineering__
James Autry
Jakob Baird
Matthew Ball
Catherine Barnes
Thomas Bates
A. Beasley
Carrissa Beasley
Monalisa Bell
Charles Bilberry
Naveen Bokka
William Bowen
Steven Burdine
C. Burns
Anna Campbell
Chad Carpenter
Richard Chaney
Jason Coleman
Steven Corbin
Benjamin Cox
David Coy
Kelsey Cummins
Joseph Cure
William Delk
Brian Deschamp
C. Doornberg
Chad Dugard
H. Dulthummon
Jake Ellis
Judson England
Ian Ferrell
Steven Worley
Paul Forster
Catherine McCoy
Brian Fridley
Jason McEwen
Josh Gwinn
Joshua McPherson
James Haas
Nathan Mikell
H. Hainsworth Kelly Milam
Corey Hamil
Michael Mims
P. Harrington
Jason Morgan
Andrew Heard Henry Olivi
M. Herndon
Jason Palmer
Russell Hopkins Michael Papa
Matthew Hosey Matthew Pitts
C. Howell
Robert Reid
C. Ibekwe
Phillip Rogers
Timothy Ireland Sarah Sams
Wesley Jobe
Demetries Sanford
Derrick Jones Mary Sewall
Jared Keen
Willliam Stalans
Zackary Knott Richard Stanley
Martha Lack
Charles Sullivan
Hyunkee Lee
Kyle Sykes
Yu-Loong Liew Jarrett Taylor
B. Lightsey
Thomas Terry
Qianru Lin
Tyler Touchston
Richard Lucas Kevin Wellman
W. Maranto
C. Turnipseed
Pablo Mariaca Joseph Wesley
Kely Markley
Michael Valentine
Pamela Massie Catherine Willis
Jeffrey McAdory Andrew Wilson
A. McCorkle
Ethan Wise
Spencer Yates Marcus Yoder
Plan How to Handle Misconduct Before You
Have to Face it
IMPORTANT EXAM INFO

The recent events at Ohio State and Penn State
remind us how important it is to have a code of
conduct and procedures for reporting improper
conduct in our organizations.
Sometimes, failing to act, not knowing how to act,
or deliberately misleading authorities results in
consequences just as serious – or more serious – than
the offense itself. It is important to remember that
the actions of our coworkers and subordinates,
whether intentional or unintentional, could affect us
all and possibly jeopardize our organizations.
Not all complaints filed with the Board involve
individuals purposely setting out to break the law.
Many complaints are the result of the offender not
being aware of the law or rule broken, or not have a
clear understanding of the conduct expected from a
professional. Even if the violation is unintentional,
the consequences can be devastating to the
individual’s or organization’s reputation.
It is not enough to have a code of conduct; we also
need to make sure employees understand it and are
clear about expectations.
We have to have
procedures in place so that if employees see improper
conduct, they understand how to report it and to
whom they should report it.
Show commitment to ethics compliance.
Protect the reputation you’ve built.
Train and retrain on proper procedures.





The PS exam will become a CLOSED book
exam in April, 2013;
A PE exam in Software Engineering will be
offered for the first time in April, 2013;
The PE Industrial exam will be offered only
in April, beginning in April, 2013;
The specifications for several PE exams have
been revised, starting in April, 2013;
The Structural PE exam is now two 8-hour
components;
The FE and FS exams will convert from
pencil-and-paper to computer-based exams in
2014, allowing examinees more flexibility in
scheduling their exams.
For more information, please go
www.ncees.org, and click on EXAMS.
to
A Word of Caution Regarding
Branch Offices
Offering to practice is an act of practice,
according to Mississippi law, and therefor only
licensed Professional Engineers or Professional
Surveyors may offer to practice engineering or
surveying.
If your firm has a branch office in which there
are no licensees on a regular basis, your
unlicensed employees should not solicit or offer
engineering or surveying services. If contacted by
a potential client, it’s simple enough to refer them
to the PE or PS in responsible charge.
Professional
Engineers
and Professional
Surveyors should train their unlicensed employees
accordingly.
Excerpted from Feb. 2012 NCEES Licensure Exchange
False Certification
An early step in the online licensure renewal
process requires the licensee to CERTIFY
compliance with the Continuing Professional
Competency rule. Unless the licensee certifies
“YES”, that he/she is in compliance, the system will
not allow the licensee to proceed with the renewal of
the license.
If an audit shows the licensee was clearly not in
compliance (insufficient PDH by Dec. 31, no ethics
PDH within 2 years, etc.) the licensee will be
charged with false certification as well as a violation
for insufficient continuing education.
MAPS to offer Online Course
In MAPS
responsetotooffer
the Mississippi
Surveying
Online Course
Standards
Professional
In response toContinuing
the Mississippi
Surveying
Competency
requirement,
the
Mississippi
Standards continuing education requirement,
Association
of Association
Professional ofSurveyors
is
the
Mississippi
Professional
developing
a
1
PDH
online
course,
and
hopes
Surveyors is developing a 1 PDH online
to launch
by 2013.
course,
andit hopes
to launch it by 2013.
Construction staking/layout is required by state
law (73-13-73(c)) to be performed by a PS or a PE,
practicing within his area(s) of expertise and
competence. The licensee is in responsible charge for
the staking/layout work being performed under his
license, even if performed by a subcontractor, and
should affix his seal to it.
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When in doubt, give a shout!
Our goal is to be proactive, not reactive, and Board
staff members are here to help answer your questions
before they develop into issues that must be brought to
the attention of the Board.
Disciplinary Actions
The Board office receives and processes complaints regarding engineering and surveying activities. Some investigations result
in disciplinary actions while others result in administrative actions such as letters of education; others are closed due to
unsubstantiated or insufficient evidence of violations. Below is a recap of recent disciplinary actions.
John Clayborne Bond agreed to a consent order for unlicensed surveying; the order required that he complete an
ethics course.
Alliance Wood Group Engineering, LP agreed to a consent order for practicing without an Engineering COA; a fine
was levied, and paid, and the case is resolved.
PS John W. Weilenman, Jr. was disciplined for non-compliance with the Mississippi Surveying Standards; the
penalties included a fine, review of his next three plats, and being required to take courses in ethics and the
Mississippi surveying standards from the Mississippi Association of Professional Surveyors within one year.
PE Aaron Harris was reprimanded for violation of rule 17.6 – conduct that discredits or tends to discredit the
engineering and/or surveying professions.
PS Gerald Ross Martin’s license was revoked for violation of rule 17.8 – not responding to Board communications.
As a result of being chosen for audit for 2011 compliance with Continuing Professional Competency, it was found
that these individuals did not acceptably comply: David Fazekas, Joshua Bryan, Timothy Slattery, Lavern Lund,
Sammy Hunt, James Simpson, Jr. They agreed to a consent order which levied a monetary fine and additional
PDH’s for 2012.
The Board directed a case involving Derek Harvel, and a case involving Register Metals to the Attorney General’s
Office for prosecution of identity theft and fraud. Grand juries issued indictments in both cases.
MS Board of Licensure for
Professional Engineers & Surveyors
660 North Street, Suite 400
Jackson, MS 39202
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