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BEFORE THE BOARD FOR PROFESSIONAL ENGINEERS, LAND SURVEYORS, AND GEOLOGISTS DEPARTMENT OF CONSUMER AFFAIRS STATE OF CALIFORNIA In the Matter of the Petition to Revoke ) Probation against: ) ) JOSEPH EDGAR ALEXANDER ) Case No. 741-A 6100 Lupine Avenue ) Bakersfield, CA 93308 ) ) Civil Engineer License No. C 18297, ) ) Respondent. ) ) DECISION The attached Stipulated Settlement and Disciplinary Order is hereby adopted by the Board for Professional Engineers, Land Surveyors, and Geologists as its Decision in the above- entitled matter. This Decision shall become effective on . IT IS SO ORDERED . BOARD FOR PROFESSIONAL ENGINEERS, LAND SURVEYORS, AND GEOLOGISTS Department of Consumer Affairs State of California

BOARD FOR PROFESSIONAL ENGINEERS, LAND … · of the Petition for Reinstatement of Revoked License of Joseph Edgar Alexander, Respondent’s license was reinstated; however,

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BEFORE THE BOARD FOR PROFESSIONAL ENGINEERS, LAND SURVEYORS, AND GEOLOGISTS

DEPARTMENT OF CONSUMER AFFAIRS STATE OF CALIFORNIA

In the Matter of the Petition to Revoke ) Probation against: ) ) JOSEPH EDGAR ALEXANDER ) Case No. 741-A 6100 Lupine Avenue ) Bakersfield, CA 93308 ) ) Civil Engineer License No. C 18297, ) ) Respondent. ) )

DECISION

The attached Stipulated Settlement and Disciplinary Order is hereby adopted by the

Board for Professional Engineers, Land Surveyors, and Geologists as its Decision in the above-

entitled matter.

This Decision shall become effective on . IT IS SO ORDERED .

BOARD FOR PROFESSIONAL ENGINEERS, LAND SURVEYORS, AND GEOLOGISTS Department of Consumer Affairs State of California

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March 8, 2012
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1 PETITION TO REVOKE PROBATION

KAMALA D. HARRIS Attorney General of California GLORIA A. BARRIOS Supervising Deputy Attorney General M. TRAVIS PEERY Deputy Attorney General State Bar No. 261887

300 So. Spring Street, Suite 1702 Los Angeles, CA 90013 Telephone: (213) 897-0962 Facsimile: (213) 897-2804

Attorneys for Complainant

BEFORE THE BOARD FOR PROFESSIONAL ENGINEERS, LAND SURVEYORS, AND

GEOLOGISTS DEPARTMENT OF CONSUMER AFFAIRS

STATE OF CALIFORNIA

In the Matter of the Petition to Revoke Probation Against:

JOSEPH EDGAR ALEXANDER 6100 Lupine Avenue Bakersfield, CA 93308 Civil Engineer License No. C 18297

Respondent.

Case No. 741-A

PETITION TO REVOKE PROBATION

Complainant alleges:

PARTIES

1. Joanne Arnold (Complainant) brings this Petition to Revoke Probation solely in her

official capacity as the Interim Executive Officer of the Board for Professional Engineers, Land

Surveyors, and Geologists, Department of Consumer Affairs.

2. On or about August 23, 1968, the Board for Professional Engineers, Land Surveyors,

and Geologists issued Civil Engineer License Number C 18297 to Joseph Edgar Alexander

(Respondent). Effective October 24, 2003, said license was revoked pursuant to the Default

Decision and Order of the Board for Professional Engineers, Land Surveyors, and Geologists in

the Matter of Accusation No. 741-A. Effective August 26, 2005, pursuant to the order of the

Decision of the Board for Professional Engineers, Land Surveyors, and Geologists in the Matter

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2 PETITION TO REVOKE PROBATION

of the Petition for Reinstatement of Revoked License of Joseph Edgar Alexander, Respondent’s

license was reinstated; however, said reinstated license was then revoked, the revocation stayed,

and Joseph Edgar Alexander was placed on probation for two years upon certain terms and

conditions. A copy of that decision is attached as Exhibit A and is incorporated by reference.

Upon successful completion of the terms and conditions of his probation, the stay of revocation of

Respondent’s reinstated license was extended, and the license was issued on probation for a

period of three years, through February 11, 2011. Said license will expire on December 31, 2011,

unless renewed.

JURISDICTION

3. This Petition to Revoke Probation is brought before the Board for Professional

Engineers, Land Surveyors, and Geologists (Board), Department of Consumer Affairs, under the

authority of the following laws. All section references are to the Business and Professions Code

unless otherwise indicated.

STATUTORY PROVISIONS

4. Section 118, subdivision (b), of the Code provides that the suspension, expiration,

surrender, or cancellation of a license shall not deprive the Board of jurisdiction to proceed with a

disciplinary action during the period within which the license may be renewed, restored, reissued

or reinstated.

PETITION TO REVOKE PROBATION

6. Grounds exist for revoking the probation and reimposing the order of revocation of

Respondent’s Civil Engineer License in that Respondent has failed to comply with Conditions C6

and C7 of his probation.

FIRST CAUSE TO REVOKE PROBATION

(Failure to Successfully Complete Professional Ethics Course)

7. At all times after the effective date of Respondent’s probation, Condition C6 stated:

“Within eighteen (18) months of the effective date of the issuance of the probationary

license, petitioner shall successfully complete a course in professional ethics approved in advance

by the Board or its designee.”

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3 PETITION TO REVOKE PROBATION

8. Respondent's probation is subject to revocation because he failed to comply with

Probation Condition C6, referenced above. The facts and circumstances regarding this violation

are as follows:

a. On or about February 11, 2008, the Board sent Respondent a letter indicating that his

probation was being extended for three (3) years and informing him that pursuant to Condition

C6, he was required to successfully complete and pass a course in professional ethics, approved in

advance by the Board or its designee, within eighteen months of the beginning of the three-year

probationary period.

b. On or about January 9, 2009, the Board received a letter from Respondent requesting

approval of a professional ethics course as meeting the requirements of Condition C6 of the

probationary order.

c. On or about May 4, 2009, the Board sent a letter to Respondent approving

Respondent’s chosen ethics course and reminding him that he must provide the Board with

verifiable proof of his successful completion of the course and that the course must be completed

by August 11, 2009.

d. On or about February 7, 2011, the Board sent a letter to Respondent advising him

that, to date, they had not received proof of his successful completion of the Board-approved

professional ethics course.

SECOND CAUSE TO REVOKE PROBATION

(Failure to Reimburse Board Costs)

9. At all times after the effective date of Respondent’s probation, Condition C7 stated:

“Petitioner shall pay the Board the sum of $5,971, the Board’s investigation and

enforcement costs incurred in Case No. 741-A, within two (2) years of the effective date of the

issuance of the probationary license.”

10. Respondent's probation is subject to revocation because he failed to comply with

Probation Condition C7, referenced above. The facts and circumstances regarding this violation

are as follows:

/ / /

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4 PETITION TO REVOKE PROBATION

a. On or about February 11, 2008, the Board sent Respondent a letter indicating that his

probation was being extended for three (3) years and informing him that pursuant to Condition

C7, he was required to reimburse the Board for its costs of investigation and enforcement of the

underlying case in the amount of $5,971.00 within two years of the beginning of the three-year

probationary period.

b. On or about February 7, 2011, the Board sent a letter to Respondent advising him

that, to date, they had not received the payment of $5,971.00 required by Condition C7, which

was due by February 11, 2010.

PRAYER

WHEREFORE, Complainant requests that a hearing be held on the matters herein alleged,

and that following the hearing, the Board for Professional Engineers, Land Surveyors, and

Geologists issue a decision:

1. Revoking the probation that was granted by the Board for Professional Engineers,

Land Surveyors, and Geologists in Case No. 741-A and imposing the disciplinary order that was

stayed, thereby revoking Civil Engineer License No. C 18297 issued to Joseph Edgar Alexander;

2. Revoking or suspending Civil Engineer License No. C 18297, issued to Joseph Edgar

Alexander; and

3. Taking such other and further action as deemed necessary and proper.

DATED: _________________________ JOANNE ARNOLD

Interim Executive Officer Board for Professional Engineers, Land Surveyors, and Geologists Department of Consumer Affairs State of California Complainant

LA2011501039 50858620.doc

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Exhibit A

Decision and Order

Board for Professional Engineers and Land Surveyors Case No. 741-A

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