Engineers and land surveyors play a vital role in designing and constructing the infrastructure that supports modern society. Becoming an engineer or land surveyor requires years of training and obtaining a practice license. Licensing of engineers and land surveyors ensure safe and quality engineering and surveying work.
The Board of Professional Engineers, Land Surveyors, and Geologists regulates these professionals. The dedication, time, and financial resources you put into obtaining your license could be wasted if you lose your license through the board's disciplinary action. After receiving a complaint about your practice or violations, the board investigates the case. If found liable for a breach, it imposes disciplinary actions.
Losing your license could impact your livelihood and career. Therefore, you should aggressively defend against these allegations. At San Luis Obispo License Attorney, we will provide expert legal insight for professionals battling license discipline in San Luis Obispo, CA.
Role of Land Surveyors and Engineers
Land surveyors and engineers are critical in construction, environmental management, and infrastructure. Their roles include:
- Site analysis and planning. Land surveyors assess land conditions. It helps engineers design safe and efficient structures.
- Construction oversight. Engineers oversee construction projects, ensuring they meet safety standards and specifications.
- Land subdivision. Surveyors measure and map land for subdivisions, which helps to determine property boundaries.
- Survey data collection. Land surveyors gather accurate measurements of land features.
- Regulatory compliance. Engineers ensure projects follow California’s environmental and safety regulations.
- Flood control. Engineers design flood prevention systems and help install water management strategies.
- Infrastructure development. Engineers design roads, bridges, and utilities, contributing to the state's infrastructure development.
- Geotechnical analysis. Engineers assess soil stability and design foundations for buildings. It ensures safe and stable buildings to protect the public from accidents.
- Environmental protection. Engineers design systems that protect natural resources. They include water management and waste disposal.
- Urban planning. Engineers and surveyors work on city and regional development projects.
The Board of Professional Engineers, Land Surveyors, and Geologists (BPELSG)
In California, the BPELSG plays a critical role in ensuring the safety and well-being of the public. The board accomplished its mission by regulating the practice of engineers and land surveyors. The key roles of the board include:
Public Protection and Safety
The board’s primary mission is to protect public health and safety. It performs this role by regulating engineering and surveying practices. The board ensures efficient and safe infrastructure projects and land developments.
Licensing and Certification
The board issues licenses to professional engineers, land surveyors, and geologists. Before obtaining a license, the board ensures you have completed relevant education requirements. Additionally, you must have passed the licensing examination. The board ensures that only qualified individuals practice in these fields through licensing. Therefore, the public is protected from substandard work.
Enforcement of Standards
The BPELSG sets and enforces state laws and regulations on engineering and land surveying practices. These standards dictate the quality of services that each professional must offer. Additionally, they dictate how each person must carry themselves while serving clients. All licensed professionals must follow the ethical and practice standards that the board sets.
Receiving and Investigating Complaints
Reports of professional and ethical violations are made to the board. When the board receives a complaint about a professional, it investigates the matter and holds a hearing. After the hearing, the board can impose disciplinary actions against the professional. Besides punishing you for a violation, professional discipline discourages other professionals from misconduct.
Regulation of Continuing Education
The board mandates continuing education requirements for licensed professionals. It ensures that the land surveyors and engineers remain current with the latest technologies, methods, and laws. Continued education promotes lifelong learning and ensures that practitioners provide high-quality services.
Violations Committed by Licensed Engineers and Land Surveyors
Working as an engineer or land surveyor requires you to adhere to the ethical and safety standards set by the board. The board can investigate and impose severe license discipline when you violate the standards. Common violations investigated by the Board of Professional Engineers, Land Surveyors, and Geologists:
Negligence in Design and Construction
Negligence is a common violation by engineers and land surveyors in their practice. It involves a deviation from the required standard when designing or building. Acts like overlooking the integrity of a structure could result in severe action on your practice license.
Failure to Follow Local Codes and Regulations
The BPELSG mandates that all professionals follow the local zoning laws. Failure to follow these regulations can result in environmental harm and unsafe structures. If you are reported to the board for this violation, you risk losing your license.
Fraudulent Misrepresentation
False or fraudulent misrepresentation involves providing false information that misleads clients. Engineers and land surveyors commit this violation by falsifying plans. These actions can compromise the safety of others and also damage their professional reputation.
Improper Documentation
The work of land surveyors and engineers requires extensive documentation. Keeping correct records helps clients understand the construction process. In the event of an accident, you can reference these records. Failure to maintain proper records for your projects is a violation.
Unlicensed Practice
Engineers and land surveyors must have a valid license from the BPELSG to practice in California. Working without a license is a severe violation that could result in the permanent loss of the license.
Criminal Convictions
Facing an arrest and criminal charges in California is a nerve-wracking experience. The possibility of spending time behind bars and paying hefty fines can take a toll on you. However, losing your professional license is an added risk as a licensed land surveyor or engineer.
Following your conviction, the board can receive a report from law enforcement. The board will investigate and impose severe discipline when the conviction is related to your practice. Typical offenses that can jeopardize your license include:
- Embezzlement (PC 503)
- Assault (PC 240)
- Drunk driving (VC 23152)
Inadequate Supervision and Incompetence
Incompetence occurs when land surveyors and engineers lack adequate training. The lack of training can result in poor-quality work. Additionally, you can make errors that could jeopardize the entire project. Inadequate supervision occurs when you fail to monitor the staff working under you properly. These acts would result in severe professional discipline when reported to the board.
Disciplinary Process by the Board of Engineers and Land Surveyors
The BPELSG is critical in addressing complaints about engineering and land surveying practices. The disciplinary process by the board takes these steps:
Complaint Filing
A disciplinary process against land surveyor engineers begins when the board receives a complaint about a professional’s misconduct. The board receives these complaints from clients, employers, or law enforcement. A person or agency can report you to the board for violating the code of conduct and practice standards.
After receiving the complaint, the board reviews it to ensure it falls within their jurisdiction. Complaints that are outside the BPELSG jurisdiction are transferred to relevant departments.
Investigation
The board investigates complaints that fall under its jurisdiction. An investigation involves:
- Interviewing witnesses, including the complainant
- Reviewing the documents presented for your case
- Seeking expert analysis
You have a right to the notice of investigation. You will have up to fifteen days to give a response. In your response, you could express your intentions to fight the allegation. Before responding to the board, you should hire a skilled, license defense attorney. Your lawyer will guide you on the proper response and the way forward. If the investigation lacks evidence, the board may dismiss the allegations.
Settlement and Stipulated Agreement
Not all complaints to the Board of Engineers and Land Surveyors go through the hearing. Some complaints are settled through a stipulated agreement. The board can propose a stipulated agreement if there is enough evidence against you.
With this agreement, the board expects you to accept responsibility for the violation. In Exchange, your case will skip the administrative hearings and move to disciplinary action. A stipulated agreement can help you negotiate for favorable disciplinary action. However, you should not enter the agreement without your attorney's insight.
Administrative Hearing
If you do not settle your case with a stipulated agreement, the board will hold an administrative hearing. Before your hearing, the board allows a discovery phase. During this time, you can examine the evidence the board wishes to present in your case. The administrative law Judge presides over this hearing.
You can present evidence to dispute the allegations against you at the hearing. Additionally, you can cross-examine the witnesses presented by the board. After examining the evidence from the board and the defense, the ALJ will have up to thirty days to issue a decision.
Final Decision
The Board has a right to change, reject, or accept the ALJ’s proposed decision on your case.
Appeal
You could appeal the board's decision if unsatisfied with the case's outcome. You have up to sixty days of receiving the board's decision to appeal. When the board receives your appeal, it holds a closed meeting where the members vote to determine whether you deserve a case review.
Disciplinary Action by the Board of Professional Engineers, Land Surveyors, and Geologists
If the board finds you liable for a violation, it can impose disciplinary action on your license. The license discipline by the BPELSG varies depending on these factors:
- Your criminal history
- Your license discipline history
- The nature of your violation
- The severity of the violations you committed
Standard disciplinary action that the board may impose includes:
Public Reprimand
A reprimand is a formal written statement issued by the board that indicates disapproval of your actions. While a reprimand does not result in a suspension or revocation of the license, it serves as a warning. The board issues a reprimand for less serious violations and does not affect your practice. However, it remains on your record and may influence future disciplinary decisions.
Civil Penalties
Sometimes, the board may impose civil penalties on professionals who violate practice standards. These penalties are financial and vary depending on the severity of the violation. If you commit a violation that causes economic loss to the client or a stakeholder, the board can impose a fine on you. The board can issue civil penalties together with other disciplinary actions like probation.
License Probation
Probation is a less severe penalty compared to suspension or revocation. However, it still comes with serious consequences. While on probation, an engineer or land surveyor can continue to practice. However, the board may impose the following conditions:
- Regular reporting to the board
- Additional education or training
- Monitoring of their professional conduct.
The board can impose probation if it believes your continued practice will not jeopardize public safety.
License Suspension
Suspension involves removing your ability to practice. Your professional license suspension can range from one to 5 years, depending on your violations. The board could suspend your professional license for more serious violations, like falsifying work. During the license suspension period, the board can impose strict conditions on you.
License Revocation
For severe violations of practice and ethical standards, the BPELSG can revoke your license. Unlike a suspension, license revocation is a more temporary action. When the board suspends your license, you can no longer practice as an engineer or a land surveyor. Reinstating a revoked license is a complex and lengthy procedure.
Find a Competent License Defense Lawyer Near Me
The BPELSG provides licenses and sets standards for professional engineers and land surveyors. The board can receive misconduct complaints from clients, colleagues, or law enforcement. After receiving these complaints, they investigate them and hold a hearing where you can present a defense.
You can face disciplinary action if the board finds you committed the alleged violations. The actions imposed by the BPELSG range from minor warnings to license revocation. Defending your license is crucial when you face allegations of professional misconduct.
Hiring and retaining a competent legal team is critical when navigating the complexities of board investigations and administrative hearings. At San Luis Obispo License Attorney, we understand the impact of professional license discipline on your career. We will offer expert guidance and representation to defend your license. Contact us at 805-465-2766 from San Luis Obispo, CA, to discuss your case.
