The Nevada Connection – March 2025

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Chair's Message

Mr Spata was re-elected by the Board to serve a second term as chair effective July 1, 2024. He was initially appointed to the Board by Governor Brian Sandoval July 1, 2018. Governor Sisolak reappointed Angelo, July 1, 2021, to serve a second three-year term.

As we anticipate Spring and warmer weather, it’s a good time to reflect on the activities of a very busy past year.

Our new executive director, Mark Fakler, has been on the job for almost a full year and is settling into his role quite well. He joins the board at a time of growth, as Nevada continues to see an increase in the number of licenses issued. Notably, the Board continues its rapid turnaround times for comity licensing, often processing applications within a single day—an achievement that highlights the efficiency and responsiveness of NVBPELS.

Additionally, the Board has updated its regulations to align with Governor Joe Lombardo’s executive orders, ensuring that its practices remain current and responsive to public needs. As these updates take effect, the Board is also closely monitoring legislative developments, including Senate Bill 78, which could bring significant changes to Nevada’s licensing boards, including our board.

Senate Bill 78

Senate Bill 78 builds on earlier legislation that brought Nevada’s boards and commissions under the Department of Business and Industry. The bill is currently under legislative consideration and may significantly alter Nevada’s approach to professional licensing boards, including NVBPELS. SB 78 proposes consolidating independent licensing boards into a centralized structure under the Department of Business and Industry.

Currently, NVBPELS operates as a self-funded entity without relying on taxpayer funding. This structure enables the Board to maintain a nimble and efficient operation that serves licensees and the public with unparalleled effectiveness with specialized expertise while managing costs. Under the current version of SB 78, these operations would be centralized within the Department of Business and Industry, changing how the Board currently manages its processes and workflows to align with a centralized framework.

NVBPELS understands and supports the need for reform but has some concerns. Centralizing a high-functioning board like NVBPELS has the potential to be counterproductive. Implementation needs to be enacted such that it meets the goals that have been set out by Business and Industry, while considering the current value and effectiveness of each board, such as NVBPELS, so as not to cause greater complications. Centralized models have been implemented in other states providing examples of the potential outcomes of such reforms. These examples highlight both the opportunities and challenges. Nevada’s approach to reform can benefit from these lessons as policymakers consider the implications of SB 78.

NVBPELS has reviewed SB 78 and a related Policy Paper released by Business and Industry, which outlines the intended benefits of the bill. In a Response Memorandum, our Board has provided detailed information demonstrating that NVBPELS already meets or exceeds the goals of the proposed legislation. We anticipate that SB 78 will be amended during the legislative process.

Given that two-thirds of our licensees reside outside Nevada, many may be unaware of this legislation. We encourage stakeholders to stay informed. You can review SB 78 here: SB 78. You can access SB 78, the Policy Paper, and the Response Memorandum (Board Position) here.

To provide input or feedback, contact Senator Edgar Flores, Chair of the Committee on Revenue and Economic Development (Edgar.Flores@sen.state.nv.us), or Senator Fabian Donate, Vice-chair of the Committee on Government Affairs (Fabian.Donate@sen.state.nv.us).

Upcoming Initiatives

NVBPELS remains committed to continuous improvement. The Board plans to launch a new firm registration platform this Spring. The new platform will enable added capabilities and self-serve functionality. Additionally, updates to the Professional Land Surveyor Standards of Practice Regulations are underway, with a goal to submit them to the Nevada Legislative Counsel Bureau by July 2025 for adoption and codification.

Moving Forward

As the Board navigates the challenges introduced by Senate Bill 78, it remains steadfast in its commitment to serving the public and supporting its licensees. Feel free to reach out to us at board@nvbpels.nv.gov. By working together, we can ensure that Nevada remains a leader in professional licensing—supporting economic growth, protecting the public, and ensuring the state has the skilled professionals it needs to thrive.

Regulation Update

Regulation Update: Stay Informed

As licensed professionals, engineers and land surveyors in Nevada are governed by regulations that shape their practice and ensure public safety. Staying up-to-date with these rules is essential for compliance and professional integrity.

We’re pleased to announce that the final step in implementing the regulation changes mandated by Governor Joe Lombardo’s Executive Orders 2023-003 and 2023-004 is now complete.

What Changed?

In our May 2024 newsletter, we shared that the Board had recommended:

Repealing 11 outdated regulations
Updating 3 existing regulations

We’re happy to report that all our recommendations were approved. The final step in the legislative process concluded when the Legislative Council Bureau ratified the changes on June 18, 2024, and they were officially filed with the Secretary of State on June 20, 2024.

Where to Find the Updates

The updated regulations are now part of the legislature’s official records, and we’ve made them easily accessible on our website here. We encourage all licensees to review these changes to understand how they may impact their practice.

Why It Matters

As a Nevada-licensed engineer or land surveyor, you are regulated by these laws and regulations. Staying informed ensures you remain compliant and helps you uphold the high standards of your profession. By familiarizing yourself with these updates, you’re taking an active role in maintaining the trust and confidence placed in you as a licensed professional.

Thank you for your commitment to upholding Nevada’s engineering and land surveying standards. If you have questions about the changes, feel free to reach out to us directly.

Digital Badges for New Nevada Licensees

Celebrating Your Achievement: Digital Badges for Newly Licensed Nevada Engineers and Land Surveyors

Achieving your first professional license as an engineer or land surveyor is no small feat. It’s the result of years of dedication, hard work, and perseverance, and it’s a moment worth celebrating!

To honor this milestone, the Nevada Board of Professional Engineers and Land Surveyors is excited to introduce digital badges for newly licensed professionals.

Share Your Accomplishment with a Digital Badge

These digital badges are a fun and modern way to showcase your accomplishment. Whether you’re sharing the news on social media, adding a badge to your email signature, or displaying it on your website, the badge lets you highlight this extraordinary achievement with pride.

Here’s how it works:

When your license is issued and you receive your license number, we’ll send you your digital badge.
The badge is a great way to celebrate and share this special moment with friends, family, and colleagues.

Please note: While the digital badge is a promotional way to celebrate your accomplishment, official license verification is found using the Board’s license lookup tool at nvbpels.org/find-engineers-land-surveyors.

Recognition on Social Media and the Board Website

To further celebrate your success, we announce newly licensed professionals each month on our social media channels. These posts include a link to a dedicated page on our website where we proudly display the names and license numbers of our newest licensees.

Feel free to share NVBPELS’s social media links with your network and let others join in recognizing your hard-earned achievement!

The Board is thrilled to be part of your journey and looks forward to seeing where your professional license takes you. Congratulations to all our new Nevada engineers and land surveyors—you’ve earned it!

BOARD GUESTS

If you are interested in attending a board meeting in person (either at the Reno or Las Vegas office), please email Mark Fakler mfakler@nvbpels.nv.gov. We’ll provide meeting instructions and materials in advance.

Stay Sharp: Keeping up with Professional Development

As a licensed professional engineer or land surveyor, maintaining your skills and staying updated is an essential part of your career. Continuous learning not only helps you grow professionally but also ensures you meet the Nevada Board’s requirements for license renewal.

Here’s what you need to know about tracking your professional development hours (PDHs) and what happens if you’re selected for
an audit.

Keeping Track of Your PDHs

Every two years, you need to complete 30 PDHs, including:

2 hours of Professional Ethics
1 hour of Nevada Law and Regulations

While you don’t need to submit detailed records with your renewal application, you must keep proof of your activities, like certificates or attendance records. The Board may randomly select you for an audit to verify your PDHs, so it’s important to stay organized.

You can track your PDHs however you like—using a spreadsheet, a document, or tracking software. Many licensees find it convenient to upload their PDH records to their NCEES account, which is free to use. The NCEES system automatically organizes your PDHs and makes them easy to access if you’re audited in Nevada or other states.

What Happens During an Audit?

If you’re selected for an audit:

You’ll get an email from the Board with instructions.
You’ll need to fill out a PDH Activity Report showing your 30 PDHs from the past two years and submit it along with proof of participation (certificates, etc.).
The Board will review your submission and email you the results.

If you use the NCEES system, you can easily share your PDH records with the Board. This is especially handy if you’re licensed in multiple states, as it saves time and simplifies the audit process.

Tips for Earning and Tracking PDHs

Here are some quick reminders to make managing your PDHs easier:

Ethics and Nevada Rules & Regulations: You need 2 Ethics PDHs and 1 Nevada Laws & Regulations PDH for each renewal. These cannot be carried over to the next cycle.
Self-Study: There’s no limit to how many PDHs you can earn through self-study, but it’s a good idea to diversify your learning sources.
Nevada Laws & Regulations: The easiest way to earn this PDH is by watching the free webinar on the Board’s website or studying NRS 625 and NAC 625.
Professional Ethics: You can watch the Ethics webinar on the Board’s website or earn these PDHs through courses from other states or organizations.

Need Help?

For more information about setting up an NCEES account or using their Continuing Professional Competency (CPC) system, visit the NCEES website or use the help feature on your NCEES dashboard.

You can also find details about PDHs in Nevada Administrative Code chapter 625 by visiting the Board’s website. If you have questions, feel free to reach out—we’re here to help you stay on top of your professional development and keep your license in good standing!

Licensee Lookup on Website

Did you know that you can look up any licensed engineer or land surveyor on our website? Whether you work for a public entity trying to verify the status of a professional, or you are a member of the public, you can find any Nevada licensee on our website.

You can find the most relevant information about a licensee, including:

License number
Current license status
License expiration date
Practice discipline
Disciplinary action
Current city and state of residence

You can view the license status of Nevada professional engineers and professional land surveyors by using the Licensee Lookup function on the front page of https://nvbpels.org/

You’ll be directed to the License Lookup page, where you can search by name, license number or both. Enter a name or license number, click Find then
View Details.

Attention Future Engineers!

If you’re considering licensure at some point in your career, now is the best time to take the first step. This blog post explains why taking the FE exam should be a no-brainer.

Nevada Board Compliance Actions

Lyle Scott Mackay, PE 015131

Case Number: 20240006

Violation of NRS 625.410 (4)

On October 4, 2001, Mr Mackay was licensed as a professional engineer in Nevada, via comity, and he maintained his licensure in Nevada on-and-of through December 31, 2017. On March 18, 2016, Mr Mackay was found guilty, pursuant to plea, of attempted aggravated sexual abuse of a child, a first-degree felony, in the 3rd District Court, West Jordan, Utah. On April 5, 2016, the Utah Board approved a Stipulation and Order, whereby Mr Mackay voluntarily surrendered his Utah PE license related to his admission of sexually abusing an eleven (11) year old male in Utah, and Mr Mackay was prohibited from applying for re- licensure in Utah for five (5) years therefrom. On July 22, 2022, a Stipulation and Order was entered by the Utah Board with Mr Mackay, granting him a probationary professional engineering license, subject to various conditions to remain in place so long as he is registered on the Utah Sex Offender Registry. On September 7, 2022, Mr Mackay submitted an application for reinstatement of his professional engineering license in Nevada, which included a disclosure of his felony conviction and corresponding disciplinary action in Utah. The disclosure of conviction and disciplinary action in Utah was missed in the Nevada license reinstatement application review, and Mr Mackay’s professional engineering license was reinstated without sanction or limitation1. On December 31, 2023, Mr Mackay’s professional engineering license with Nevada expired. On April 1, 2024, a “Settlement Agreement, Stipulation, and Order for Reissuance of PE License Subject to Conditions” was entered by the Wyoming Board Engineers and Professional Land Surveyors (“Wyoming Board”), attached hereto as Exhibit “B” and incorporated herein by this reference, granting Mr Mackay a conditional professional engineering license, with conditions to remain in place until Mr Mackay’s Utah professional engineering license is fully reinstated without conditions/restrictions. On May 6, 2024, Mr Mackay applied for late renewal of his Nevada professional engineering license, disclosing his Wyoming discipline, which is now pending.

Application for late renewal

First, Mr Mackay allowed his Nevada professional engineering license to lapse on December 31, 2023, and he applied for late renewal thereof on May 6, 2024, which is now pending. For licensing, NRS 625.183 requires, in relevant part, that an applicant “[b]e of good character and reputation.” Without the need for elaboration, Mr Mackay’s conviction of a felony, and the nature of the underlying crime, does not satisfy the requirement “of good character and reputation”. As such, even though Mr Mackay was inadvertently approved for licensure in Nevada in 2022, his latest application for late renewal may be denied. This Stipulated Agreement allows for conditional approval of said late renewal, pursuant to terms hereinafter set forth.

Reciprocal Discipline

NRS 625.410 states that the State Board may take disciplinary action against a licensee for discipline by another state or territory, if at least one of the grounds for discipline is the same or substantially equivalent to any ground under Nevada law. The Utah Board imposed discipline, via the Stipulation and Order attached hereto as Exhibit “A”, upon Mr Mackay for “unprofessional conduct”, as specifically defined under Utah Code Ann. § 58-1-501(2)(c), which reads” “engaging in conduct that results in conviction, a plea of nolo contendere, or a plea of guilty or nolo contendre which is held in abeyance pending the successful completion of probation with respect to a crime of moral turpitude or any other crime that, when considered with the functions and duties of the occupation or profession for which the license was issued, bears a substantial relationship to the licensees or applicant’s ability to safely or competently practice the occupation or profession”. Nevada’s NRS 625.410 (4) provides grounds for discipline when there is a “[c]onviction of a plea of nolo contendere to any crime an essential element of which is dishonest or which is directly related to the practice of engineering or land surveying”. Mr Mackay’s conviction in Utah, as per the Stipulation and Order from the Utah Board, “…when considered with the function and duties of [his] license classification, bears a substantial relationship to [his] ability to safely and/or competently operate as a licensee.” Utah’s and Nevada’s grounds for discipline based upon conviction of a crime that relates to the practice of engineering are substantially similar, and, thus, pursuant to NRS 625.410(4), form the basis for the Nevada State Board to impose discipline on Mr Mackay. Pursuant to NAC 625.640(3)(b)(2), a disciplinary matter against a licensee may be resolved without a formal hearing by Stipulated Agreement. As such, Mr Mackay and the Nevada State Board hereby stipulate to the following terms for the above-referenced violation(s):

1. Mr Mackay’s Nevada professional engineering license shall be renewed following entry of this Agreement, but immediately suspended, with the suspension stayed and probation imposed for the duration of his requirement to register on any Sex Offender Registry in any State of the United States.
2. Mr Mackay shall not work in any occupied residences or any worksite where a minor is present.
3. Mr Mackay shall provide a copy of this Stipulated Agreement, once executed by the Nevada State Board, to any employer he has for the duration of his probation hereunder. Mr Mackay shall provide immediate written notice to the Nevada State Board should he become self-employed or not be employed by a general contractor or an engineering firm, and the Board may, upon a duly noticed hearing on the matter, impose such requirements as deemed appropriate to address concerns that arise from Mr Mackay not having employer oversight.
4. Mr Mackay shall provide the Nevada State Board a copy of the quarterly reports provided by his employer to the Utah Board.
5. Mr Mackay must comply with all requirements imposed by both the Utah Board and Wyoming Board Stipulation and Orders.
6. Mr Mackay shall timely submit detailed bi-monthly probation reports to the Executive Director of the State 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. Each report shall include a copy of the contract executed for any work in Nevada, including the scope of work detail.
7. The stay of Mr Mackay’s license suspension may be lifted by the State Board, upon notice and the opportunity for Mr Mackay to be heard, should Mr Mackay fail to abide by the terms hereof.
8. Mr Mackay’s successful completion of probation is expressly conditioned upon his full compliance with the following conditions of probation:
  1. Mr Mackay shall obey all laws and regulations related to the practices of professional engineering and professional land surveying; (b) Mr Mackay shall provide the Nevada State Board with proof of fulfilling the Utah and Wyoming Stipulation and Orders.

Lazell Preator, PE 014982

Case Numbers: 20240005

Violations: NRS 625.410 (2), NRS 625.410 (7), NRS 625.410 (8), NRS 625.565 (4), and NAC 625.530 (1)

Background

2021 Stipulated Agreement for Two ComplaintsA Stipulated Agreement was entered into by and between the State Board and Mr Preator on January 14, 2021 (“2021 Stipulated Agreement”), regarding previous Complaints number 20190008 and 20200003.
1. Complaint number 20190008In the 2021 Stipulated Agreement, Mr Preator acknowledged violations of NRS 625 in which his conduct constituted gross negligence, incompetence, or misconduct in the practice of professional engineering, unlawful practice of land surveying by presenting a license or stamp of another person and by impersonating another licensee, and failure to uphold and advance the honor and dignity of the profession by maintaining high standards of ethical conduct regarding honesty.
2. Complaint number 20200003In the 2021 Stipulated Agreement, Mr Preator acknowledged violations of NRS 625 whereby his conduct constituted gross negligence, incompetence, or misconduct in the practice of professional engineering, failure to uphold and advance the honor and dignity of the profession by maintaining high standards of ethical conduct regarding honesty, and failure to act in a timely and professional matter as a faithful agent.In the 2021 Stipulated Agreement, Mr Preator’s Nevada license was put on probation for thirty-six (36) months. As part of his probation, Mr Preator was required to pay certain fines, costs, and fees, provide a list of projects that were submitted for governmental review in 2017 and 2018 to the State Board, submit bi-monthly probation reports to the Executive Director of the State Board, and provide proof of the completion of thirty (30) professional development hours.Pursuant to the 2021 Stipulated Agreement, the stay of Mr Preator’s license suspension could be lifted by the State Board, upon notice and opportunity to be heard, should Mr Preator fail to abide by the terms of the 2021 Stipulated Agreement.
2023 Decision and OrderVia certified mail, dated December 22, 2021, Mr Preator was provided notice that a review of the 2021 Stipulated Agreement would be conducted at the January 22, 2022 meeting of the State Board. The State Board found that while Mr Preator was out of compliance with the 2021 Stipulated Agreement, the State Board elected to not lift the stay on the suspension of Mr Preator’s license at the January 22, 2022 meeting.Mr Preator subsequently made efforts to come into compliance with the 2021 Stipulated Agreement by making payments of Four Hundred and No/100 Dollars ($400.00) per month towards the fine amount, and bringing his bi-monthly probation reports up to date. Mr Preator’s monthly payments towards the fine amount, and submission of bi-monthly probation reports, continued until August of 2022, but thereafter ceased.Consequently, Mr Preator was again provided notice by the State Board of an opportunity to be heard, via certified letter dated December 2, 2022, that the 2021 Stipulated Agreement would be brought up for a review of compliance by the State Board at its January 19, 2023 meeting.The day before the January 19, 2023 meeting, Mr Preator paid the delinquent fine payment to date and submitted the delinquent bi-monthly probation reports to the State Board staff. At the meeting, Mr Preator testified that he would put controls in place to prevent further delinquencies under the 2021 Stipulated Agreement, but the State Board determined that the successive delinquencies in making fine payments and filing bi-monthly probation reports constituted ongoing violations of the 2021 Stipulated Agreement.On January 31, 2023, the State Board signed a Decision and Order suspending Mr Preator’s Nevada license until January 14, 2024. The Decision and Order did not limit the powers of the State Board to impose discipline on Mr Preator independent of that action and/or for matters not yet presented to the State Board. Mr Preator acknowledged receipt of the State Board’s Decision and Order on February 6, 2023.

Current Matters

Violations of the Board’s January 31, 2023 OrderDespite having his license suspended via order of the State Board entered January 31, 2023, Mr Preator knowingly continued to practice as a professional engineer in the State of Nevada, as evidenced by at least three (3) different instances reported to the State Board, namely:
1. On March 6, 2023, Mr Preator signed, affixed his stamp and submitted a grading plan for what is identified as the “6380 Darby Avenue Project” with the Clark County Department of Building and Fire Protection.
2. On May 23, 2023, Mr Preator signed, affixed his stamp, and submitted an engineering report for what is identified as the “3800 Capsule Project” with the Clark County Department of Building and Fire Protection; and
3. On June 20, 2023, Mr Preator signed, affixed his stamp and submitted an engineering report for what is identified as the “6670 Evening Rain Project” with the Clark County Department of Building and Fire Protection.
NRS 625.410(8) provides that the State Board may take disciplinary action against a licensee for “failing to comply with an Order issued by the [State] Board.” In addition, NRS 625.410(7) provides that the State Board may take disciplinary action against a licensee for “practicing after the license of a professional engineer or professional land survey or has expired or has been suspended or revoked.” Further, NRS 625.565(4) sets forth, in relevant part, that “[i]t is unlawful for any person to impress any documents with the stamp of a professional engineer … after the license of the professional engineer … named on the stamp has … been suspended…”. Based upon the forgoing, Mr Preator stipulated that he violated NRS 625.410(7), NRS 625.410(8) and NRS 625.565(4) by practicing professional engineering with a suspended professional engineering license after the entry of an order by the State Board suspending his license.
Case No. 20240005In regard to Case No. 20240005, a complaint was submitted against Mr Preator by Michael McDonald on February 14, 2024, on behalf of ARC Services, relating to three (3) damage assessment inspection reports with engineered repair recommendations that Mr Preator, as Preator Consulting, contracted to perform for ARC services. These three (3) jobs were contracted for via work orders from Mr Preator to ARC services, dated March 6, 2023, April 5, 2023 and May 3, 2023, respectively, and were for the 3800 Capsule Road Project, the 110 Ringlore Drive Project and the 6670 Evening Rain Project, two (2) of which were previously identified in Section B (2), above. The engineering reports for two (2) of the three (3) Projects were submitted as supporting documentation for building permits sought for each Project.ARC Services paid Preator Consulting a total of Nine Thousand Six Hundred and No/100 Dollars ($9,600.00) for services on the three (3) Projects. After governmental agency denial on the filings filed by Mr Preator, Michael McDonald, on behalf of ARC Services, attempted to contact Mr Preator about a refund, but his efforts to date have been unsuccessful.In addition to the violations on the three (3) above-referenced Project addresses in Section B(2) hereinabove, Mr Preator’s actions constitute a violation of NAC 625.530(1), which require a professional engineer to “[a]ct in professional matters as a faithful agent or trustee for each employer or client”. By knowingly offering and attempting to perform professional engineering services with a suspended license, failing to respond to ARC Services inquiries thereafter, and not refunding payments made by ARC Services, Mr Preator failed to act as ARC Services’ faithful agent.

Cumulative Stipulations

Pursuant to NAC 625.640(3)(b)(2), disciplinary matters against a licensee may be resolved without a formal hearing by Stipulated Agreement. Presently, Mr Preator’s professional engineering license is expired, and he has not applied for renewal. As such, Mr Preator and the State Board hereby stipulate to the following terms for the above-referenced violations:

1. Completion of the terms of this, and all prior, Stipulated Agreements;Mr Preator may apply for re-instatement of licensure with the State Board upon Mr Preator satisfying the following conditions:
2. Reimburse ARC Services the amount of Nine Thousand Six Hundred and No/100 Dollars ($9,600.00) and provide satisfactory proof thereof to the State Board;
3. Pay of an administrative fine to the State Board in the amount of Fifteen Thousand and No/100 Dollars ($15,000.00).
4. Pay legal and administrative costs to the State Board in the amount of Fifteen Thousand Thirty-Eight and No/100 Dollars ($15,038.00).
5. Seek and obtain mentorship for a period of no less than thirty-six (36) months from one or more Nevada licensed professional engineers in good standing. No mentor shall be a subordinate of Mr Preator, and each shall be approved for mentorship by the State Board;
6. Provide letters of recommendation to the State Board from the professional engineer(s) providing the mentorship delineated above, as well as a summation of Mr Preator’s areas of competency within civil engineering;
7. The mentor(s) shall submit to State Board quarterly reports of work performed by Mr Preator during his mentorship;
8. Prepare and submit a Whitepaper for State Board review and approval on the topic of serving as a faithful agent to clients, including a synopsis of the insights garnered from the mentorship described above, particularly focusing on ethical decision making and the role of honesty and integrity while serving as a faithful agent in the role of professional engineer; and
9. Providing proof to the State Board of completion of an intermediate to advanced level ethics course with the Texas Tech University Center for Engineering Professionalism.
Mr Preator shall be subjected to an oral interview of the State Board upon re-application, should the State Board so elect.

Kevin Gutman, PE 028002

Case Number: 20240003

Violation of NAC 625.530 (1) and (8)

In March 2022, Mr Gutman was hired by Mr Bell as a full-time employee of HCE. On March 14, 2022, Mr Gutman signed HCE’s handbook agreeing to the terms of employment, which prohibits employees from “moonlighting” or obtaining supplemental employment as an engineer without the express approval of the President of the company.

Mr Gutman worked in-office for the first thirty days of his employment with HCE and then moved into a remote status. According to his complaint later submitted to the State Board, Mr Bell noticed that Mr Gutman’s work performance was inconsistent, that he was difficult to reach, and that he often uploaded work product during nighttime and early morning hours. After Mr Gutman missed a deadline in January 2024, Mr Bell began researching Mr Gutman’s online professional profile and discovered that he was listed as a Senior Project Engineer at an engineering firm with offices in Colorado and New Mexico.

Mr Bell then contacted the firm and confirmed that Mr Gutman had been employed as a full-time mechanical engineer since June 2022. On January 25, 2024, Mr Bell and Mr Gutman had an online video conference. Mr Bell raised the issue of Mr Gutman’s inconsistent work performance and asked if Mr Gutman was working for another company. Mr Gutman stated he was having a difficult week due to personal reasons but denied that he was employed with another engineering company. Mr Bell then terminated Mr Gutman immediately.

Subsequently, Mr Bell filed a complaint with the State Board concerning Mr Gutman. In a letter to the State Board responding to Mr Bell’s complaint, Mr Gutman admitted to working for two different engineering firms between June 2022 and January 2024, but he stated that he was not aware of HCE’s policy prohibiting supplemental employment. He also noted that he was no longer employed by the other firm. The State Board contacted Mr Gutman’s other former employer and confirmed that Mr Gutman had been terminated in late January 2024 for lack of performance.

VIOLATIONS and DISCIPLINARY ACTION

NAC 625.530(1)1 provides that a professional engineer shall “[a]ct in professional matters as a faithful agent or trustee for each employer or client.” Here, Mr Gutman failed to act as a faithful agent of HCE by obtaining supplemental employment as a professional engineer without the permission of HCE.

NAC 625.530(8) provides that a professional engineer “shall, [w]hile employed, not engage in supplementary employment or consulting practice except with the consent of the employer.” Here, Mr Gutman violated this provision by obtaining employment with the other firm during his employment with HCE without securing HCE’s consent.

Under NRS 625.410(8),2 the State Board may take disciplinary action against a licensed engineer for “[a] violation of any provision of this chapter or regulation adopted by the Board” Pursuant to NAC 625.640,3 a disciplinary matter may be resolved by Stipulated Agreement without conducting a formal hearing. To that end, to resolve Complaint No. 20240003 now pending, Mr Gutman and the State Board stipulate that:

Mr Gutman’s Nevada license shall be suspended for twenty-four (24) months following the entry of this Agreement, but such suspension shall be stayed and probation imposed for the duration of that time period. The stay of Mr Gutman’s suspension may be lifted by the State Board, and Mr Gutman may be subject to additional discipline, upon notice and the opportunity to be heard, should he fail to abide by the terms of this Revised Stipulated Agreement. Mr Gutman’s successful completion of probation is expressly conditioned upon his full compliance with the following conditions:
1. Mr Gutman shall obey all laws and regulations related to the practices of professional engineering and professional land surveying;
2. Mr Gutman shall timely submit, once every two (2) months, detailed probation reports to the Executive Director of the State Board, which shall report any work completed in Nevada during the previous two-month period. A report shall be filed even if no work was performed during the previous period. The first report shall be due within two (2) months of the effective date of this Revised Stipulated Agreement.
3. Mr Gutman shall provide a copy of this Revised Stipulated Agreement to any employer in the professional engineering field that Mr Gutman is employed by during the course of his probation.
4. Mr Gutman shall pay, within six (6) months of acceptance and execution of this Agreement, Two Thousand Two Hundred Eighty-Seven and 50/100 Dollars ($2,287.50) to the State Board as reimbursement of legal expenses incurred by the State Board in this matter.
5. Mr Gutman shall, within one (1) year of the effective date of this Revised Stipulated Agreement, successfully complete an intermediate level ethics course with Texas Tech University and shall submit proof of completion to the Board within sixty (60) days of completion of the course.