The Board of Professional Engineers, Land Surveyors, and Geologists governs engineers and surveyors, overseeing the services they offer to consumers. If you are an engineer or land surveyor, a single complaint from a client or a criminal conviction can risk your license. It is in your best interests to seek the services of a skilled attorney if your license is under threat because of complaints filed against you.

The disciplinary actions that the board could take against you could taint your professional reputation. You could also lose the ability to continue your practice in California. At this point, you should reach out to an attorney quickly to improve your chances of a favorable outcome. At the San Diego License Attorney, we have a track- record of successfully fighting for the licenses and livelihoods of engineers, land surveyors, and geologists. Contact us today for reliable legal representation at an affordable cost. 

The Duties Of Professional Engineers

The Board of Professional Engineers, Land Surveyors, and Geologists issues licenses to different engineers who provide numerous invaluable services. The board expects licensed engineers to deliver quality services according to their official rules and regulations outlined under Title 16, Division 5, Section 400 through 476. The engineers and their corresponding licenses fall into the following categories:

  • Professional engineers
  • Structural engineers
  • Geological engineers

Professional engineers fall into the following groups:

  • Nuclear engineers
  • Industrial engineers
  • Agricultural engineers
  • Civil engineers

Mechanical Engineers

Mechanical engineers design power-producing and power-transmitting machines. They work to discover ways to convert natural latent energy into practical energy. Some of their duties include designing engines for industrial power saws, automobiles, or aircraft. Mechanical engineers could also be involved in developing nuclear power plants.

Civil Engineers

Civil engineers always play pivotal, multifaceted modern tasks. Sewage systems, seaports, runways, tunnels, bridges, and roadways must all be constructed according to a plan that maximizes efficiency and safety.

You must undergo long, demanding education and training to qualify as a civil engineer. After completing your training, applying for and paying for a license is also challenging. Unfortunately, you could easily face formal accusations that could pose a risk to your career because of the diversity of your work.

Geologists

Your role as a geologist could include visiting construction sites for soil analysis, ocean floors, or the brim of an active volcano to take soil samples. Geologists can also summarize and interpret information gathered from other people's fieldwork to give crucial consultation advice. Your knowledge and skills are helpful for public safety, especially when monitoring a seismograph. Your skills will also come in handy if you assist in the planning stages for tunnels, dams, and bridges. This could, however, expose you to potential formal complaints and lawsuits.

Land Surveyors

Contractors, miners, and municipal planning committees rely heavily on land surveyors to help them properly plan various projects. Generally, land surveying involves the following expertise:

  • Avoiding underground electrical cords and pipes
  • Keeping roads at appropriate distances from lots and buildings
  • Utilizing natural topographical features to one's advantage
  • Title research and other legal documents

Projects cannot go on without the approval of a land surveyor. Other engineers heavily rely on the data, maps, and advice from the land surveyor to make crucial decisions. Despite this, it is easier for a competent land surveyor to make an oversight or error. It is also possible for you to face unreasonable or false accusations that could threaten your license.

The Duties Of The Board Of Professional Engineers, Land Surveyors, And Geologists

The Board of Professional Engineers' primary function is protecting public and property safety. The board also ensures that integrity and high standards of competence are observed in the industry. In this case, the board is on the side of the clients and the public, which will use the infrastructure but not on the side of engineers.

The board receives many accusations against the many categories of professional engineers. It investigates any allegation and does not dismiss cases quickly as unsubstantiated. Typically, the following complaints could be filed against you and lead to professional discipline:

  • You are already serving a punishment from the licensing board of another state
  • Having a criminal conviction that is related to the qualifications and duty of an engineer
  • Violation of the Professional Engineers Act, the Business and Professions Code, and other relevant statutes and regulations
  • Violation of engineer contract
  • Unprofessional behavior
  • Failing to use a written contract
  • Using misleading or false advertisements
  • Incompetence, ordinary negligence, or gross negligence in the performance of your professional duties
  • Breach of contract or engaging in different forms of fraudulent activities
  • Failing to finish the projects you have already accepted and started
  • Failing to supervise projects
  • Allowing unlicensed assistants to work unlawfully under you
  • Exceeding the bounds of your license and expertise or working without a license
  • Addiction, drug or alcohol abuse, especially if you commit the offense while on the job

You should politely request that the board-appointed investigator allow you to consult your attorney if the investigator contacts you about any formal complaint against you. You should cooperate with the board because you could face steeper disciplinary measures if you fail to do so.

In communicating with the board investigator, you should ensure you do not incriminate yourself. You could limit your defense options if you speak to the board without consulting your attorney. Most complaints could be dismissed for not being within the proper jurisdiction of the board. Other accusations could be dismissed for lacking enough evidence or as being unsubstantiated.

The board will prioritize the allegations it intends to investigate based on the order in which they were received. It will also prioritize the claims based on their severity. The allegations will also be prioritized based on how urgent the crime is for public safety. The board could issue you an interim suspension during the investigation if an allegation against you is severe. Your attorney can help you fight this suspension because investigations can last months or even years. You cannot afford to stop your practice for all that time during an investigation.

After concluding the investigations, the board will decide what to do. It can close the case, issue a citation and impose fines, submit the issue to a civil or criminal court, or refer the situation to the attorney general's office for formal disciplinary action. Upon receiving your case, the attorney general can file an accusation. This will initiate an official hearing under the state's Administrative Procedures Act (APA).

An attorney will be helpful throughout the investigation process. An attorney can assist you in preparing any statements and preparing for investigative interviews. Your attorney will also provide legal representation throughout your case. It is critical to seek expert advice throughout the interview to assist you in answering questions appropriately and knowing when to speak. With the right legal representation, you can have the complaints against you terminated at the interview phase of the board investigation.

Filing Of The Formal Accusation

After the inquiry is complete, the board can file a formal complaint against you, also known as an accusation. The Attorney General's Office drafts and files the accusation. It describes what you were accused of doing or omitting that resulted in the accusation. The possible triggers can include a conviction for an offense, a divergence from the specified standard of care, or other misconduct like substance addiction. It also specifies prospective disciplinary action and the statutes or regulations you violated. You are the respondent in the accusation, while the board is the complainant.

The other possible contents of a formal accusation are:

  • The type of license you hold
  • The laws that authorize the board to impose disciplinary action
  • Details of the specific claim against you and the triggers of disciplinary action against you

A formal accusation is a serious matter for you because, at this stage, the board has already determined that it has reasonable grounds to take disciplinary action against you.

According to the Administrative Procedures Act, you have a right to a legal hearing examining the allegations made in the accusation. However, you only have the right to this hearing if you request it. You must file a Notice of Defense to maintain your hearing rights.

You have only fifteen days after receiving the accusation to file a Notice of Defense. The board can cancel your license if you fail to meet this deadline. It is vital to contact a legal expert with experience in license defense to face the board on your behalf. You should not overlook that your career and livelihood are on the line when your license is at risk. 

Filing The Case With The Office Of Administrative Hearings

After filing a Notice of Defense, your case will be forwarded to the Office of Administrative Hearings. An administrative law judge presides over this hearing. The Office of Administrative Hearing procedures will govern your case's pre-hearing, hearing, and settlement.

Both sides can submit documented evidence and testimony during the administrative hearing to support their viewpoints. Both parties can persuade the administrative law judge on all contentious factual matters. The board will table its case first, and you can cross-examine the witnesses. After the board has delivered its case, you will have the chance to present your own, which the board will cross-examine. When both of you have stated your cases, the judge will assess the evidence provided.

After the administrative hearing, the judge will notify the board of their recommended ruling. The administrative law judge should provide a decision not later than thirty days after the hearing. On the other hand, the board will have up to a hundred days to:

  • Accept the decision made by the administrative law judge
  • Reject the administrative law judge's decision and issue an alternative discipline
  • Modify the judge's decision
  • Allow a hundred days to lapse, after which the administrative law judge's decision will become the final decision

After the administrative hearing, the judge or the board can impose the following penalties:

  • A public reprimand
  • Probation
  • License suspension
  • License revocation
  • License surrender
  • Probation accompanied by suspension
  • Denial of license application

Aside from these penalties, the board can seek to recover investigation costs and require you to make restitution to affected victims. The board's disciplinary decisions are public records that will appear on its website. Even if you continue to work, potential clients and employers can find your violations by searching the website.

Whether You Can Appeal The Administrative Law Judge (ALJ) Or Board's Decision

 If you disagree with the ALJ's or board's decision to take disciplinary action against you or are dissatisfied with the type of disciplinary action imposed, you may seek judicial review. You can submit a Writ of Administrative Mandamus or a Writ of Mandate petition to the California Superior Court. This petition asks the court to examine and reverse the ALJ's or board's decision.

If you believe the board or administrative law judge made a mistake in their petition, a Writ of Mandate can help. If the Superior Court overturns the judge's or the board's decision, your case will go back to the board with explicit instructions from the court. If you are unhappy with the writ's conclusion, you can appeal to the appellate court.

Filing a Petition To Reinstate License or Reduce Penalties

Even if the board revokes or suspends your license, you can still pursue your job. After a certain period, you can petition the board to reinstate your license. You might also request that the board adjust the probation requirements or terminate your sentence early. Your attorney can present evidence of mitigating factors and rehabilitation to the board to help you regain your license.

One crucial element to remember about the licensing board's disciplinary procedure is that you have a right to due process. The board cannot take permanent action that could harm your professional reputation unless you have the opportunity to present your side of the story.

Find A Reliable License Defense Attorney Near Me

While each situation is unique, you should consult with an experienced attorney before responding to any claims made by the board. It can be risky to provide documents, answer inquiries, or agree to accusations without the assistance of an attorney. As a professional land surveyor or engineer, you have essential constitutional and legislative rights and complex legal responsibilities to your clients or consumers. Obtaining immediate legal guidance from an experienced attorney can help you safeguard your career and reputation. Contact the San Diego License Attorney if you need a reputable license defense attorney. We have helped engineers and land surveyors defend their professional licenses for many years with excellent outcomes. Contact us at 858-665-2455 to speak to one of our attorneys.