69 Pa. Commw. 191 | Pa. Commw. Ct. | 1982
Opinion by
Candido Rabino (petitioner) appeals here from a decision of the State Registration Board for Professional Engineers (Board) denying him a license as a professional engineer.
The petitioner received a Bachelor of Science Degree in Civil Engineering from Feati University, located in Manila, Philippine Islands in July of 1965. He has been working in the engineering arena for 16 years, the last nine of those while living in the United States. On or about November 13, 1975 he filed an application for licensure and registration with the Board, and was informed that he would have to take and pass two written examinations. He then passed the examination in civil engineering, but failed the engineer-in-training examination. His four subsequent attempts to pass the latter have also resulted in failure.
Subsequently, he sought to gain licensure and registration under the “grandfather clause” of Section 151(b)(3) of the Professional Engineers Registration
Our scope of review is, of course, limited to a determination of whether or not constitutional rights were violated, an error of law was committed, or the necessary findings were supported by substantial evidence.
The petitioner argues that the Board’s policy of approving schools based on their rating from the National Council of State Boards of Engineering Examiners (NCEE) violates the provisions of 45 P.S. §1201-08,
NCEE approval, however, is not the exclusive method of accrediting a college or university. Rather, Section 151(a) of the Law grants broad general powers to the Board to approve a school if the quality of its curriculum is satisfactory.
The petitioner has also advanced a generalized equal protection argument, alleging that the actions of the Board have discriminated against him by arbitrarily classifying approved schools in direct violation of the
Order
And Now, this 28th day of September, 1982, the order of the State Registration Board for Professional Engineers in the above-captioned matter is affirmed.
Act of May 23, 1945, P.L. 913, as amended, 63 P.S. §151 (b)(3).
Section 704 of the Administrative Agency Law, 2 Pa. C. S. §704. See also, Reisinger v. State Board of Medical Education and Licensure, 41 Pa. Commonwealth Ct. 553, 556, 399 A.2d 1160, 1162 (1979).
The Commonwealth Documents Law, Act of July 31, 1968, P.L. 769, repealed in part by Section 7 of the Act of July 9, 1976,
Petitioner also cites Community Country Day School v. Department of Education, 51 Pa. Commonwealth Ct. 286, 414 A.2d 428 (1980), in support of this argument. The case is distinguishable. In Community Country Day School, the agency in question had issued another set of standards informally after officially promulgated regulations had already been adopted.
Section 151(a) of The Professional Engineers Registration Law, 63 P.S. §151 (a).
Even though we cannot find a violation of administrative due process here, a reading of the Pennsylvania Code reveals that many of the State Boards charged with regulating the various professions have adopted formal regulations concerning the accreditation of universities and training programs. See 49 Pa. Code §5.4 (Chiropractic Examiners), §13.22 (Funeral Directors), §17.12, .63 (Medical Education and Licensure), §21.31 (Nursing Examiners), §23.51 (Optometrical Examiners), §27.41, .52 (Pharmacy). Specific rules from the Board pertaining to these matters may be the wise and prudent road to follow in the future.
U.S. CONST, amend. XIV, §1.
There is no fundamental right to a professional license, therefore strict scrutiny does not apply. McCoy v. State Board of Medical Education and Licensure, 37 Pa. Commonwealth Ct. 530, 391 A.2d 723 (1978). Massachusetts Board of Retirement v. Murgia, 427 U.S. 307 (1976). Nor is this a case involving discrimination against a suspect class. Barrows v. Jackson, 346 U.S. 249 (1953).