Engineers and land surveyors play an essential role in ensuring building projects turn out exactly as the client wants. In California, the Board for Professional Engineers, Land Surveyors, and Geologists (BPELSG) regulates and monitors these professionals by setting standards they must obey.
Becoming a licensed engineer, geologist, or land surveyor takes several years. However, losing the license may only take hours or days. All it takes is a complaint being lodged against you, no matter how slight. If your practice license is at risk, you need an expert professional license attorney to fight to protect it for you.
At Riverside License Attorney, our lawyers aggressively represent professional engineers and land surveyors in the license disciplinary process, among other license matters. We fight for clients accused of misconduct and appeal unjust outcomes. Our experienced, dedicated, and focused regulatory and license practice gives you the advantage. Call us for an immediate, more comprehensive, and thoughtful discussion regarding your legal problem with one of our skilled attorneys.
The BPELSG Role In Engineering and Land Survey Practice In California
The BPELSG regulates engineers, geologists, land surveyors, geophysicists, and other related professionals in California. Its primary function is to protect consumers against the harmful practices of engineering, land survey, and other professions. The board achieves this function by issuing licenses to qualified professionals and creating and enforcing laws, regulations, and rules governing the practice of these professions. The board also ensures that land surveyors and engineers comply with professional codes of conduct.
Another function of the BPELSG is to probe accusations of misconduct and violations against land surveyors and engineers. If any of these professionals is found to have violated a law, the board has the discretion to impose disciplinary action.
To practice as an engineer or land surveyor, you must apply for a practice license from the BPELSG. The board will not only require you to make specific disclosures, but it will also need you to sit for and pass a licensing examination. After you have obtained a license, you are not guaranteed to retain it. There are ongoing compliance duties you must comply with to keep your license. Failure to comply may result in the loss of your license, together with your livelihood.
It is in your best interest to consult a professional license attorney whenever you learn that the board is looking into your practice license.
The Disciplinary Process By the BPELSG
The disciplinary process by the BPELSG involves several steps, from the filing of the complaint to the imposition of the disciplinary action and the appeal. The steps include the following:
Filing of a Complaint and Investigation
If someone brings a complaint against you, the board will first determine if they have jurisdiction over the complaint. If it has jurisdiction, it will thoroughly assess the allegations mentioned in the complaint to see whether they have merit. The board will also review the nature and seriousness of the allegations. If the allegations are substantiated, the board will send the complaint to its investigative unit. The board investigator will then initiate an investigation against you. They may contact you, needing you to provide more information or to have an interview with them.
If the investigator reaches out to you for an interview or additional information, consult your lawyer before you respond to them. A lawyer can help you prepare for the interview and statements. They can also represent you during the board interview, helping you answer any questions and telling you when to remain silent. This will help you avoid giving incriminating information that may jeopardize your case. With the appropriate counsel, a board investigation might end during the interview stage.
Note that during the investigation, the board may impose an interim suspension order against your license. An interim suspension order will prevent you from practicing engineering or land surveying until the investigation is over. You will be subject to this disciplinary order if the allegations against you are so severe that your continuing to practice will place consumers and the general public at risk. Your defense counsel can help you to fight an interim suspension order so that you can continue to practice while your case is being decided on. BPELSG investigations last a long time, and going that long without working can be detrimental.
When the investigation ends, the investigative unit will take its findings to the board. Based on the findings, the board may take various actions. They may:
- Close the case if there is insufficient evidence that warrants discipline
- Impose lenient disciplinary action if the investigation shows you committed a violation, but it is only minor
- Send the issue to the Attorney General to pursue disciplinary action if the violation is severe
- Send the matter to the D.A. for criminal prosecution.
Filing of a Formal Accusation and Statement of Issues
If the investigation reveals that the allegations in the complaint are severe, the board will rule that it must take further action. In that case, the board will send your matter to the Office of the Attorney General. The Attorney General then files a Statement of Issues or an Accusation. A Statement of Issues applies to new license applicants, while an Accusation applies to license holders. Either of these documents alleges that the board intends to discipline you for violating the law.
You have fifteen days to file a Notice of Defense with the board after being served with a Statement of Issues or Accusation notice. This notice tells the board that you wish to defend yourself and fight the allegations you face. Should you fail to file by the deadline, the BPELSG will issue a default order against you, resulting in the revocation of your license (if you are a license holder). If you are an applicant, the board may deny you a license.
You want to hire an expert defense counsel for legal representation if an Accusation or Statement of Issues has been filed against you. They can help you draft a Notice of Defense while ensuring you do not miss the deadline.
Administrative Hearing
If you submit your Notice of Defense, the board will schedule an administrative hearing through the Attorney General. However, before the hearing, the BPELSG may propose a stipulated settlement. Here, the board proposes that you admit to your violation and agree to the board’s proposed discipline rather than going through with the hearing.
You may be tempted to accept a stipulated settlement, thinking it is a great opportunity to avoid an administrative proceeding and disciplinary action. However, you want to consider whether you can comply with the imposed terms. Remember that failing to obey the stipulated settlement terms will trigger automatic license revocation or suspension. A knowledgeable license defense counsel can advise whether the deal the board is offering is favorable.
If your case is not resolved through a stipulated settlement, the hearing will proceed as planned. An Administrative Law Judge (ALJ) presides over the hearing. They will hear evidence from both sides before issuing a decision. Your lawyer has the chance to examine and cross-examine witnesses and present compelling evidence.
It is challenging for a layperson, even a very intelligent and competent professional, to represent themselves and present evidence at this proceeding effectively. If your case reaches the administrative proceedings stage, you need a lawyer by your side.
The ALJ will then submit their written findings to the BPELSG. The BPELGS will then decide whether to reject or accept the ALJ’s findings. In many cases, the board will accept the ALJ’s findings. It is, therefore, critical to comprehensively and convincingly argue your case during the administrative hearing. You can file an appeal with your lawyer’s help if you disagree with the ALJ’s findings.
Board Disciplinary Actions
Based on the ALJ’s findings, the BPELSG may subject you to disciplinary action if you are guilty. It will consider various factors when determining the kind of discipline to impose. Some of these include the following:
- The nature of your misconduct
- The severity of your violation
- Whether you cooperated with board investigations
- The period that has elapsed since you committed the violation
- Your criminal record, if any
- If your violation entails a criminal conviction, whether the sentencing for the conviction is by a court
- Whether you recognize your violation and have taken corrective actions to avert further mistakes
- Evidence to show you have undergone rehabilitation
- Evidence that lessens or mitigates your guilt
- The number of violations you have been accused of
- Whether you have faced disciplinary action before
- Whether someone sustained or could have sustained an injury due to your violation
These factors can help you develop a defense strategy against the allegations against you. For example, say you face disciplinary action for a conviction. In this case, proving that you received a lenient sentence or have taken corrective action may help your case. If you face discipline for substance abuse, proving that you have sought counseling and rehab may be beneficial. Your attorney can help present these mitigating factors in the most effective ways to attract lenient discipline.
Some of the disciplinary actions the board can impose based on the facts include the following:
- License revocation
- License suspension
- License probation
- A stayed suspension or revocation of your license with probationary terms and conditions
- Public reproval
- License denial if you are a new applicant
California statute does not mandate discipline levels for every type of violation. However, the BPELSG has in place disciplinary guidelines that provide maximum and minimum disciplinary actions for all prevalent types of violations. For example, if you are guilty of a regulated substance violation, the minimum discipline may be a stayed revocation with a period of probation. In contrast, the maximum discipline may be license revocation.
If you are guilty of professional misconduct, the minimum disciplinary action may be a stayed suspension with a period of probation. In contrast, the maximum discipline is outright revocation of your license. The BPELSG has wide discretion when deciding what discipline to impose, even for severe matters like criminal convictions and sexual misconduct. It might decide to permit you to continue to practice, though under supervision, even when your violation is severe. That is why it is so essential to argue your case thoroughly and properly during the hearing.
Allegations That Can Lead to Disciplinary Action
The BPELSG may impose discipline against professionals for various reasons. They might receive a formal complaint from anywhere, including from a colleague, a client, another licensing board, a law enforcement agency, or a government agency. Alternatively, they might learn of supposed misconduct through their investigation. The following are some of the acts that can subject you to discipline:
- Incompetence, negligence, and gross negligence
- Misrepresentation, deceit, and fraud
- Practicing without a license
- Failing to record survey maps
- Unprofessional conduct
- Working outside of the scope of a land survey or engineering license
- Failing to use a written contract
- Citations for unlicensed land survey or engineering work
- Aiding and abetting unlicensed practice
- Failing to supervise land surveyors or engineers working under you
- A criminal charge or conviction for a crime substantially linked to the duties, qualifications, and functions of land survey or engineering
- Failure to seal and sign engineering plans
- Failure to comply with citations
- Defective contracts or contracts missing necessary legal terms
- Discipline by another board or state
Evidently, how the BPELSG uses your business practices and competence can determine if you can continue to work in California. All it takes is a single complaint for the board to initiate a thorough investigation that could jeopardize your livelihood and reputation. Disciplinary actions by the board are available to the public. Even when you can continue to work, prospective employers and clients can search through the board’s website and see the disciplinary actions against you.
Contact a Knowledgeable License Defense Counsel Near Me
If you have received a notice that a complaint has been filed against you or you are under investigation by the BPELSG for misconduct, it is essential to contact a lawyer as soon as possible. Early intervention may lead the board to drop your matter at an early stage, thereby avoiding disciplinary action.
At Riverside License Attorney, we have expert lawyers who understand how the BPELSG disciplinary process works. They have a track record of success assisting clients in achieving positive outcomes, and they can help avoid losing your license, even if you are faced with the most severe violation. For a free consultation and to share your case details, call us at 951-410-8612 .
