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GERALD T. CURRAN v. COMMONWEALTH PENNSYLVANIA (09/18/85)

decided: September 18, 1985.

GERALD T. CURRAN, PETITIONER
v.
COMMONWEALTH OF PENNSYLVANIA, BUREAU OF PROFESSIONAL AND OCCUPATIONAL AFFAIRS, STATE REGISTRATION BOARD OF PROFESSIONAL ENGINEERS, RESPONDENT



Appeal from the Order of the Bureau of Professional and Occupational Affairs, State Registration Board For Professional Engineers, in case of Gerald T. Curran, dated September 21, 1983.

COUNSEL

Edward E. Kopko, for petitioner.

Jerome Grossi, Counsel, with him, Joyce McKeever, Chief Counsel, and David F. Phifer, Chief Counsel, Department of State, for respondent.

Judges MacPhail, Barry and Palladino, sitting as a panel of three. Opinion by Judge MacPhail. Dissenting Opinion by Judge Barry.

Author: Macphail

[ 92 Pa. Commw. Page 38]

Gerald T. Curran (Petitioner) appeals here from a decision of the State Registration Board for Professional

[ 92 Pa. Commw. Page 39]

Engineers (Board) denying him a license by oral examination as a professional engineer.

Petitioner completed the Navy College Training Program in 1942, taking courses in, inter alia, physics, advanced mathematics, navigation, and theory of flight. Petitioner has been employed in the engineering field since 1946. Petitioner sought to gain licensure and registration with the Board pursuant to Section 151(b)(5) of the Professional Engineers Registration Law (Law), Act of May 23, 1945, P.L. 913, as amended, 63 P.S. ยง 151(b)(5). Section 151(b)(5) provides in pertinent part:

(b) Licensing Professional Engineers. -- To provide for and to regulate the licensing, and to license to engage in the practice of engineering any person of good character and repute who is at least in his twenty-fifth year of age, and who speaks and writes the English language, if such person either --

(5) Is possessed of long established and recognized standing in the engineering field, provided said person is not less than fifty years of age and has a record of not less than twenty-five years' experience in engineering, of which at least fifteen years has been in responsible charge of important and outstanding engineering work or teaching. Upon application from such an individual and the payment of the required registration fees, the board may issue to such an applicant a certificate of registration as a professional engineer based upon an oral examination and after approval of a majority of the board: Provided, however, That no certificate of registration as a professional engineer shall be issued by the board

[ 92 Pa. Commw. Page 40]

    pursuant to this provision on any application for same which is filed more than two years after the effective date of this act.

By letter dated March 9, 1983, the Board informed Petitioner that his request for registration by oral examination was denied on the grounds that Petitioner did not possess "a record of not less than twenty-five years' experience in engineering of which at least fifteen years has been in responsible charge of important and outstanding engineering work." The Board informed Petitioner that he had the option to appeal this determination to the full Board for reconsideration or he could sit for the written examination. Petitioner opted to appeal, and a formal hearing was held to determine whether Petitioner fulfilled the requirements of the Law to be ...


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