As an engineer or land surveyor, your profession is built on integrity, trust, and a dedication to clients' well-being. You are held to high professional and ethical standards within your professional duties and personal lives. Regrettably, an allegation against you to the Board of Professional Engineers, Land Surveyors, and Geologists (BPELSG) can put your license, livelihood, and career at significant risk. At Fresno License Attorney, our skilled lawyers understand the sensitivities and complexities involved and are dedicated to offering the legal representation and support you require to navigate the challenges.

Roles Played by Professional Engineers and Land Surveyors

The BPELSG has rules that hold every licensed engineer to high standards. The agency categorizes engineers into three divisions: structural, geotechnical, and professional.

Professional engineers are further classified into many subcategories, including nuclear, industrial, agricultural, and civil engineers.

Discussed below are the responsibilities of some of the engineers:

Mechanical Engineer

As a mechanical engineer, you are tasked with designing power-transmitting and power-generating machinery. Your job could involve developing the engines of cars, industrial power saws, and aircraft.

Civil Engineers

As a civil engineer, you are tasked with constructing runways, seaports, sewage systems, roadways, bridges, and tunnels according to a carefully laid plan for efficiency and safety.

To be a civil engineer, you must undergo training and education and develop a knowledge of logic and mathematics.

Responsibilities of Geologists

You might be required to visit a proposed construction site to perform soil analysis or ocean floor to take soil samples or brim of the volcano. You are also tasked with summarizing and interpreting information from other professionals’ fieldwork and advising them accordingly.

Other tasks you can complete include helping in the planning stages of tunnels, dams, and bridges and monitoring seismographs.

Land Surveyors

A land surveyor helps local planning committees, miners, and contractors plan various projects. These professionals also depend on your advice, data, and maps to make fundamental decisions.

Other areas of your expertise include the following:

  • Taking advantage of natural topographical characteristics
  • Ensuring the infrastructure is at the appropriate distance from lots and buildings
  • Avoiding electrical cables and underground pipes
  • Researching legal documents and titles

The Licensing Board’s Mission

The board’s objective is to safeguard the public’s well-being and property while upholding the highest standard of integrity and competence. It achieves this objective by:

  • Issuing licenses to qualified persons
  • Establishing regulations that promote professional conduct
  • Enforcing these laws and regulations
  • Offering information to the public on using land surveying and engineering services

The licensing board does not work for the engineers' benefit but for the public's good, which will use the structures designed and developed by the engineers. The agency receives a steady flow of complaints from about 30 categories of professional engineers and conducts thorough investigations into any allegations brought against a licensee.

Some common complaints against licensees in California that can result in disciplinary measures or criminal prosecution include the following:

  • Failing to supervise projects correctly
  • Alcohol or substance abuse while working
  • Ethical misconducts
  • Violating the Business and Professions Code, Professional Engineers Act, and other applicable rules and regulations.
  • False or misleading advertising
  • Failure to complete a project you have began
  • Engineer contractual violations
  • Fraudulent activities
  • Being under disciplinary action by the engineering licensing board of a different state
  • Having a prior conviction that is significantly related to your role as an engineer

If the board’s investigator contacts you because of any formal allegations, you must politely request to consult your attorney before meeting the board. You must cooperate with the licensing agency since failure to cooperate could eventually lead to severe disciplinary action. However, you must avoid self-incrimination or reducing your available defense options when addressing the licensing board, especially if you have not sought the appropriate legal advice.

Typically, the board dismisses most complaints if they are unsubstantiated or have insufficient evidence. The board will prioritize the investigation of complaints based on their urgency to public safety, how egregious they are, and the order received.

Filing an Accusation

After the investigation, the agency can file a complaint against you, called an accusation. The Attorney General’s office drafts and files the accusation, highlighting what you did or omitted. It also highlights the regulation you broke and potential disciplinary action.

Under the Administrative Procedures Act, a land surveyor or engineer has a right to a hearing. Nevertheless, they are entitled to the hearing if they request it. Bringing a Notice of Defense within 15 days of receiving the accusation preserves this right. The board will automatically revoke your professional license if they miss the deadline.

Filing Your Case with the OAH (Office of Administrative Hearings)

Once you file your Notice of Defense, the case will proceed to the OAH, where an administrative law judge (ALJ) will preside over your hearing.

During the hearing, the respondent and complainant will present testimonials and evidence supporting their case. The licensing authority will first present the case against you, and you have a right to cross-examine the witnesses. Next, you will present your case, and the agency will interrogate you. Finally, ALJ will analyze the presented proof.

After the hearing, the ALJ should alert the BPELSG of their recommended decision within 30 days from the hearing’s date. The licensing board can choose to either:

  • Accept the verdict
  • Reject the verdict and impose disciplinary action
  • Alter the decision
  • Allow the ALJ’s verdict to be the ultimate decision after 100 days have passed

Some of the penalties the board can impose include the following:

  • A reprimand
  • Probation
  • License suspension
  • Citations and fines
  • License revocation

In addition to the penalties, the board might require you to reimburse investigation costs incurred and restitute all alleged victims.

Disciplinary action is a public record, and potential future clients and employers can learn about it by searching BPELSG’s official website.

Appealing the BPELSG’s Disciplinary Action

If you are dissatisfied with the Board’s decision, you could request a judicial review by bringing a Writ of Mandate petition to the California Superior Court. Your petition will request the court review and reverse the BPELSG’s decision.

The California Superior Court will reverse the licensing agency’s decision and resend the matter to the agency with instructions. If you are unconcerned with the results, you could appeal the matter to the appellate court.

Petitioning to Reduce Disciplinary Action Penalties and Reinstate a License

It is not the end of your livelihood and career when the board suspends or revokes your professional license. You can request the board to reinstate the license after some time. You could also request the agency terminate your probation period early or modify your terms and conditions. Your skilled defense attorney should be able to present evidence of rehabilitation and mitigating factors to BPELSG.

As the respondent, you are entitled to due process. The board must listen to your version of the story before taking disciplinary action.

What You Should Do If the Board’s Investigator Contacts You

After receiving a letter or phone call from the board, your license, job, and source of income might all be at risk. However, the board’s investigations and interview requests are formal. They are also substantial and severe and are performed by highly trained investigators and, in some cases, police officers. Your participation can result in additional disciplinary measures against you. Therefore, consulting an attorney better to understand your constitutional rights and the legal ramifications is crucial.

The interview procedure with the licensing agency is the first chance to prove that disciplinary measures are unnecessary in your case. As preparation for an interview with the board, your lawyer will ask for a summary of the alleged complaint(s) against you. Your attorney will also contact the investigating officer to get the scope of the licensing agency’s investigations. After your legal counsel gathers all the details of your case and the extent of the agency’s investigations, they will strategically work with you to fully prepare a solid defense, which could include (but is not limited to the following steps):

  • Obtaining comprehensive forensic assessment
  • Consulting professional medical experts
  • Requesting for expert assessment of available records
  • Obtaining a forensic assessment
  • Obtaining a psychological inspection
  • Asking for court documents per the Public Records Act
  • Reviewing the latest and relevant case regulation
  • Presenting a mitigation proposal to the board’s investigator

Additionally, your lawyer will evaluate the case details and evidence provided and establish whether you are likely to face any criminal consequences. Your qualified attorney has an extensive legal understanding of the possibility of criminal ramifications resulting from violating the Board’s Practice Act. They will also implement the appropriate mitigation measures to safeguard your rights and strategize how to help you achieve the best possible outcome.

Do All Board Investigations Lead to Disciplinary Proceedings

A professional licensing board receives many complaints. The board’s investigators, or law enforcement, must investigate each complaint.

The objective of the licensing agency is to decide whether disciplinary measures are warranted. If it believes that certain violations have occurred, this procedure could lead to the following outcomes:

  • Closure of the case file
  • Referring to the issue of criminal prosecution
  • Referring the matter to the prosecutor for disciplinary measures
  • Resolving minor breaches with citations and fines

A skilled license defense lawyer will assist you in achieving a favorable case outcome, like the closure of your file, a citation, or a fine, avoiding disciplinary or criminal prosecution. While police proceedings might be unavoidable in cases involving more severe accusations, your attorney can take measures to safeguard your licensure and livelihood. By performing a thorough investigation, researching case regulations, discussing with experts, and preparing mitigation packages for the licensing board, a lawyer can positively sway the outcome of disciplinary action against you.

The Repercussions of Surrendering Your License

Typically, a voluntary surrender of your license is not wise. Although it might save you the expense and aggravation of facing investigations and an administrative hearing, the consequences have life-altering collateral effects.

Once you surrender the license, you lose the ability to acquire a license in the Golden State again. On your voluntary surrender form, you should acknowledge that submitting your form implies the board will cancel your license, and the agency cannot renew, reinstate, or restore it. To become licensed again, you must apply for another license and undergo the process in place for applicants at that duration. 

A professional license surrender can also affect your licensure in other states. Regarding disciplinary action, surrendering your license with a pending disciplinary action, complaint, or investigation will be considered a license revocation.

On the other hand, if you face the disciplinary process, you can negotiate a favorable case outcome or settlement at the administrative hearing. Even if the board revokes the license, you can reinstate it later. Before deciding how to handle a disciplinary action or investigation, please contact an experienced license defense attorney. 

So, is there a reason to voluntarily surrender a license?

You can act if you are at the end of your career, have no future plans to practice, or are ready to retire. Before taking this step, consult your attorney to understand what will become of your career and livelihood.

Potential Probation Terms Following a Substance Abuse Allegation

Like most licensing agencies,  BPELSG has disciplinary guidelines that highlight the probation conditions a professional should comply with after violating the practice act involving alcohol and substance abuse. The guidelines are a roadmap to examine how your license could be affected after the probationary period starts.

These conditions include the following:

  • Mental or forensic evaluation
  • Participating in a rehabilitation program
  • Physical exams
  • Attending self-help meeting
  • Abstaining from alcohol and drugs
  • Undergoing frequent toxicology screenings

Find a Proficient License Defense Legal Counsel Near Me

If you have spent years of your life and untold resources acquiring your professional license as a land surveyor or engineer, you know how much is at stake when a person files a complaint against you to the BPELSG. You should take the matter seriously, act promptly, and seek legal assistance, regardless of how minor the complaint might seem. At Fresno License Attorney, we know how essential your professional reputation is to your career, future, and livelihood and can stand with you throughout the process. We can review the matter and discuss effective defense options. Please contact us at 559-777-7040 to learn how we can help you.