The Nevada Connection – February 2019

MINGQIAO ZHU, PE 015943
CASE NUMBER: 20180015
VIOLATION OF NRS 625.410 (6), NRS 625.410(3) & NRS 625.565(3)

Mr Zhu self-reported to the Nevada Board disciplinary action imposed against his Oklahoma PE license by the Oklahoma State Board of Licensure for Professional Engineers and Land Surveyors for violation of the Oklahoma Statute Title 59. In that matter, Mr Zhu signed and sealed design and engineering documents for Stephen P Maslan & Co., a firm not authorized to offer and practice professional engineering services in Oklahoma. Further, Mr Zhu did so while not in responsible charge of the work performed. Mr Zhu thus violated 59 O.S. § 475 1 et seq., and the Board Rules in place in Oklahoma.

 Mr Zhu stipulated to the following violations in the Oklahoma Consent Order:

1. On September 7, 2017, Mr Zhu was contacted to stamp a cover letter and drawings in relation to engineering drawings and calculations for the Oklahoma City Zoo timber frame project (“Project 1”). That same day, Mr Zhu digitally signed the cover sheet of the structural calculations report for Project 1, and further sealed the same on September 8, 2017.
2. The signed and sealed structural calculations report for Project 1 further included the name and information of Stephen P Maslan & Co., despite the fact that neither the firm, nor Mr Maslan himself, hold a valid or current Certificate of Licensure in Oklahoma.
3. On March 20, 2015, Mr Zhu signed and sealed the structural engineering drawings for a project for Joe Klerekoper, at the request of Mr Maslan (“Project 2”).
4. On September 18, 2015, Mr Zhu signed and sealed a structural engineering design for a project for Jamie Cupp in Oklahoma, at the request of Mr Maslan (“Project 3”).
5. On November 21, 2016, Mr Zhu signed and sealed structural engineering design drawings for a project for Don Davis in Oklahoma, at the request of an employee of Mr Maslan’s firm (“Project 4”).
6. On March 15, 2017, Mr Zhu signed and sealed structural engineering design and drawings, architectural drawings, and calculations for a residence in Oklahoma, at the request of an employee of Mr Maslan’s firm.

Mr Zhu stipulated that he knew or should have known that Stephen P Maslan & Co did not have a Certificate of Licensure to offer and/or practice engineering in Oklahoma at the times in which Mr Zhu provided the services listed above. As such, Mr Zhu stipulated that he violated the provisions of 59 O.S. § 475.1 and 475.18(A)(8) by aiding and assisting Stephen P Maslan & Co. in offering and practicing engineering services in Oklahoma without proper licensure.

Mr Zhu further stipulated that his signed, sealed, and dated structural engineering design drawings and/or structural calculations reports for the five projects listed above were not prepared under his direct control and personal supervision.

Mr  Zhu acknowledged  that  the  actions  of  Stephen  P  Maslan  &  Co.  violated  the provisions of 59 O.S. § 475.1, which provides in pertinent part that it shall be unlawful to practice or to offer to practice engineering or land surveying in this state, as defined in the provisions of 59 O.S. § 475.1 et seq. of that title, or to use in connection with any name or otherwise assume or advertise any title or description tending to convey the impression that any person is an engineer, professional engineer, professional structural engineer, land surveyor or professional land surveyor, unless such person has been duly licensed or authorized under the provisions of that title. Mr Zhu stipulated that by assisting Stephen P Maslan & Co. in violating 59 O.S. § 475.1, Mr Zhu violated 59 O.S. § 475.18{A){8), which provides in pertinent part that the Oklahoma Board shall have the power to deny, place on probation, suspend, revoke or refuse to issue a certificate or license, or fine, reprimand, issue orders, levy administrative fines or seek other penalties, for aiding or assisting another person or entity in violating any provision of Section 475.1 et seq. or the rules or regulations pertaining thereto. Nevada has a same or similar statute, namely NRS 625.410(3), which allows the Nevada Board to impose discipline against a licensee for “[a]iding or abetting any person in the violation of any provision of this chapter or regulation adopted by the Board”.

Mr Zhu stipulated that he violated 59 O.S. § 475.l S(A)(l 0), which provides in pertinent part that the Oklahoma Board shall have the power to deny, place on probation, suspend, revoke or refuse to issue a certificate or license, or fine, reprimand, issue orders, levy administrative fines or seek other penalties, for signing, affixing the professional engineer’s or professional land surveyor’s seal, or permitting the professional engineer’s or professional land surveyor’s seal or signature to be affixed to any specifications, reports, drawings, plans, design information, construction documents, calculations, other documents, or revisions thereof, which have not been prepared by, or under the direct control and personal supervision of the professional engineer or professional land surveyor in responsible charge. Nevada has a same or similar statute, namely NRS 625.565(3), which makes it ”unlawful for a professional engineer to sign or stamp any plans, specifications or reports that were not prepared by the professional engineer or for which he or she did not have responsible charge of the work”.

NRS 625.410(6) provides authority for the Nevada board to administer discipline in Nevada for discipline received by licensee in another state, if at least one of the grounds for discipline is the same or substantially equivalent to any ground contained in NRS Chapter 625. Accordingly, as stated above, the grounds for discipline in Oklahoma are the same or substantially equivalent to grounds for discipline under NRS 625.410(3) and NRS 625.565(3).

Pursuant to NAC 625.640, this matter may be resolved without a formal hearing by Stipulated Agreement.

Stipulated Agreement executed on November 8, 2018

1. Mr Zhu’s Nevada license shall be suspended for eighteen (18) months following entry of this agreement, pursuant to NRS 625.410(6), but with the suspension stayed and probation imposed for the duration of that time period.
2. The stay of Mr Zhu’s suspension may be lifted by the Nevada board upon notice and the opportunity to be heard should Mr Zhu fail to abide by the terms of his Oklahoma Consent Order and/or this Stipulated Agreement.
3. Mr Zhu’s successful completion of  probation  is  expressly conditioned upon his full compliance with the following conditions of probation:
   1. the licensee shall submit detailed bi-monthly probation reports to the Executive Director of the Nevada Board, which shall report any work completed in Nevada during the previous two (2) month period. A report shall be filed even if no work was performed in Nevada during the previous two (2) month period. The first report shall be due within two (2) months of the effective date of this Stipulated Agreement, and shall include any work performed in Nevada since the date of the Oklahoma Consent Order.  Each report shall include a copy of the contracted executed for any work in Nevada, including the scope of work detail as well as supporting project documentation; and
   2. Mr Zhu shall fully satisfy the terms of the Oklahoma Consent Order, and shall provide proof of said full compliance to the Nevada board.
4. Mr Zhu shall not be required to pay any administrative fine or reimburse any investigative costs of fees.