Engineering and land surveying are among the most stressful and involving professions in California. Engineers and land surveyors have many responsibilities. Yet, there is no room for mistakes. The California Board for Professional Engineers, Land Surveyors, and Geologists (BPELSG) holds engineers and land surveyors to higher standards of professionalism and ethics. Any mistakes that these professionals commit, no matter how insignificant, can affect their practice.
That said, you want to take quick measures to protect your license if you learn that the BPELSG has initiated disciplinary proceedings against you. At San Francisco License Lawyer, we understand how daunting it can be to deal with the BPELSG if you are accused of misconduct. We can help you clear your name by providing a strong and effective defense throughout the disciplinary process. Do not be ashamed to call us. We understand all too well what you are going through.
The Role of BPELSG in the Practice of Engineering and Land Survey In California
The BPELSG regulates the practice of land surveying, geophysics, geology, and engineering in California to safeguard the property, life, welfare, and health of the general public. The primary duties and purpose of this board include the following:
- Licensing individuals qualified as professional engineers, geologists, geophysicists, and land surveyors, contingent on their experience and after having passed exams.
- Enforcing laws, rules, and regulations governing these professions
- Providing the public with information on how to use professional land surveying and engineering services.
- Promoting professional behavior and establishing regulations
The board licenses and regulates a wide range of professions, including:
- Geophysics
- Land survey
- Geology
- Mechanical engineering
- Structural engineering
- Electrical engineering
- Civil engineering
- Geotechnical and soil engineering
Also, the BPELSG regulates the use of these protected titles:
- Certified engineering geologist
- Agricultural engineer
- Certified hydrogeologist
- Control systems engineer
- Civil engineer
- Chemical engineer
- Consulting engineer
- Geodetic engineer
- Geotechnical engineer
- Land surveyor
- Geometronic engineer
- Fire protection engineer
- Land survey engineer
- Electrical engineer
- Industrial engineer
- Geomatics engineer
- Licensed land surveyor
- Licensed engineer
- Professional corrosion engineer
- Petroleum engineer
- Metallurgical engineer
- Professional engineer
- Mechanical engineer
- Professional geologist
- Professional land surveyor – retired
- Professional engineer—retired
- Professional land surveyor
- Professional quality engineer
- Professional geophysicist
- Registered engineer
- Professional manufacturing engineer
- Professional safety engineer
- Soil engineer
- Traffic engineer
- Structural engineer
This also includes any abbreviation or combination of these titles and words.
From the board’s functions, you can tell that it is not your side. Rather, it looks out for consumers and the public in general. If someone ever files a license against you, the board will be looking to impose the maximum possible form of discipline against you to protect the complainant.
Violations that Prompt Discipline
The BPELSG probes complaints of violations of the Professional Land Surveyors Act, the Professional Engineers Act, and the Geophysicist and Geologist Act. Examples of these violations include the following:
- Failure to utilize a written contract
- Breach of contract
- Professional misconduct
- Violations of the engineer contract form
- Incompetence or negligence
- Practicing with no license
- Aiding and abetting an unlicensed practice
- Misrepresentation, deceit, and fraud
- Violating professional standards
- Failure to inspect or supervise a project
- Substance addiction or abuse, primarily on the job
- False advertising
- Using an unexplained deal or another person’s deal
- Insufficient site investigation
- A conviction of an offense related to the qualifications, duties, and functions of a land surveyor or engineer. These generally include offenses involving dishonesty and fraud, as well as those that threaten public safety, health, and welfare.
Engineers and land surveyors must report any criminal conviction to the board, including felonies and misdemeanors. License applicants must disclose criminal conviction information on their license application. Even if the conviction was set aside or dismissed, you must still disclose it to the board.
Regardless of the severity and nature of the violation you are accused of, do not ignore it, hoping it will go away. It is in your interest to hire a professional license defense lawyer as soon as possible to protect your rights and defend your license.
The BPELSG Complaint Process
The BPELSG has the power to discipline a land surveyor or engineer if it determines they broke the laws, rules, and regulations governing their practice. However, you have the right to legal representation and due process.
The disciplinary process begins with a formal complaint filed with the board. When a complaint reaches the board, it will first review it to determine whether it falls within the board’s jurisdiction. If it does, the board will send you a notification letter regarding the complaint. The letter will explain the allegations and request a response. Responding on time and appropriately is essential to show cooperation with the process and, hopefully, to solve the matter as soon as possible. An experienced lawyer can help draft a compelling response to avoid additional issues with the board.
Once the board has determined whether the complaint falls within its jurisdiction, it will thoroughly review the allegations to assess their nature and severity, and whether they have merit. The board may then refer the complaint for further investigation. At this point, the board will send you a notice of investigation. During investigations, the board investigator may contact you to request an interview or additional information. If that happens, do not speak to them, provide any material, or sign any paperwork without first talking to your lawyer.
It is critical to cooperate with the investigator, as failing to do so may result in serious disciplinary measures. An attorney can help you deal with a board to avoid incriminating yourself or jeopardizing the defense strategy with the information you provide. The investigator may tell you that the investigations are just informal, but do not fall for it. They can and will use anything you say against you as the disciplinary process continues.
During investigations, the board might issue an interim suspension against your license. This disciplinary action can be issued when the allegations against you are so severe as to pose a threat to public safety and well-being. An interim suspension remains in effect throughout the investigation. You will not be able to practice during this period. A board investigation might take months or even years. Not being able to practice during this period can be detrimental to your livelihood. That said, if the BPELSG issues an interim suspension, you want your lawyer to help you fight it so you can continue to practice at least until your case is decided.
Based on the investigation’s results, the board may dismiss the complaint as unsubstantiated or insufficient to warrant disciplinary action. If the investigation reveals that you committed only a minor violation, the board may impose a fine and citation. These are not considered disciplinary actions, but the board issues them as a warning. If the investigation reveals the allegations against you to be severe, the board will refer the case to the Office of the Attorney General for an Accusation filing to pursue punishment.
If the Attorney General files an Accusation, the board will send you a notice. When you receive this notice, you have 15 days to respond. Responding involves filing a Notice of Defense and Request for Information. The response notifies the board that you wish to contest the allegations you face and retain your license. Not filing a Notice of Defense will lead to the board revoking your license by default after the 15 days are over, as it will assume you are guilty of the charges.
When you file an Accusation, the Attorney General’s Office will schedule an administrative hearing. But before the hearing, the board may propose a stipulated settlement. This is where you admit some responsibility and agree to a disciplinary action to correct your mistakes while avoiding an administrative hearing.
When the board proposes a stipulated settlement, you may see it as a chance to avoid an administrative hearing and disciplinary action; however, you want to consider whether you can adhere to the proposed terms and conditions. It is essential to note that failing to adhere to the terms of the stipulated settlement can result in automatic revocation or suspension. Ensure you consult a skilled lawyer before agreeing to a stipulated settlement. They can counsel you on a favorable deal for a stipulated agreement, while also helping you avoid pitfalls. If the board’s proposed disciplinary action is not favorable, you can choose to proceed to the hearing.
If a stipulated settlement is not reached, an administrative hearing will be the next step. The hearing is presided over by the administrative law judge (ALJ). During the hearing, you can present witnesses and evidence, and the board can also do the same.
After the hearing, the judge will review all submitted evidence and will have 30 days to issue a proposed decision to the board on the appropriate disciplinary action if you are found guilty. The board can accept the judge’s decision as is, modify it, or disregard it and impose the discipline of its choice. Essentially, the board generally accepts the ALJ’s findings. Therefore, it is essential to submit your evidence persuasively and fully during the hearing.
If you do not agree with the judge’s findings, you can appeal your case to the Superior Court. However, remember that the Superior Court judge will not hear your case afresh, nor will they admit new evidence. They will only review the ALJ’s findings to determine whether any procedural mistakes were made.
Board Disciplinary Actions
If the ALJ determines that you committed a violation, the board has the discretion to impose disciplinary action. Some of the disciplinary actions the board may impose include the following:
- Public reprimand. A public reprimand is a letter by the board, informing you that it is aware of your violation and that you must stop or refrain from repeating it.
- License suspension. With a license suspension, your practice of engineering or land surveying will stop for a specific period. After the specified period is over, you can petition the board to reinstate your license.
- License revocation. When the board decides to revoke your license, your practice of engineering or land surveying stops indefinitely. However, after a considerable period, the board may agree to reinstate your license.
- License probation. Here, your license is subject to terms and conditions. You can continue to practice engineering or land surveying, but with restrictions. Your continued practice depends on your compliance with the imposed conditions.
- Referring the case to the D.A. for criminal prosecution. The District Attorney might pursue criminal penalties in addition to any administrative consequences.
All of these disciplinary actions can be detrimental to your license. They are matters of public record, and the board publishes them on its website. That means potential clients and employers can view them, which can negatively affect your practice.
Factors the Board Considers in Disciplinary Action Decisions
California statutes outline the factors the BPELSG must consider when determining whether to discipline a land surveyor or engineer and, if so, what kind of discipline to impose. These factors are:
- The severity and nature of the violation
- Whether the violation hurt or could have hurt somebody
- The number of violations you face
- Prior disciplinary action, if any
- Evidence that mitigates (lessens) your responsibility
- Your criminal record, if any
- If the violation entails conviction in criminal court, whether the court sentences you
- Evidence that you have rehabilitated yourself
- The amount of time that has passed since the violation occurred
- Whether you cooperated with the investigation
- Whether you recognize your wrongdoing and have taken corrective measures to avert further violations
The factors mentioned above might be incredibly beneficial in developing a defense strategy to allegations. If, for example, you were convicted in criminal court, proving efforts at rehabilitation or lenient sentencing may be helpful. If your case involves drug or alcohol abuse, subsequent measures to seek treatment or counseling may be beneficial. If you do not understand any of the factors, your lawyer can explain.
Contact an Experienced Professional License Attorney Near Me
The disciplinary process before the BPELSG can be long and challenging. You should not have to face this process without help from a skilled professional license defense lawyer. At San Francisco License Lawyer, we have a proven track record of success defending professionals, including engineers and license surveyors, before their respective licensing boards. We will thoroughly review your case and develop a compelling defense to obtain the best possible outcome. Do not hesitate to contact us at (415) 496-2811 if you need help.
