If you are concerned about having your engineering or land surveying license revoked due to an allegation filed with California’s Board of Professional Engineers, Land Surveyors, and Geologists, you should engage a professional license defense attorney. Disciplinary proceedings issued by the board include losing your practice rights in California. Contacting an experienced defense attorney as soon as possible significantly increases your odds of a successful outcome.
Our attorneys at Sacramento License Attorney have a long history of successfully protecting the professional licenses and livelihoods of engineers and land surveyors in California. We thoroughly understand the legal and administrative procedures that may affect your practicing license, and we can use all our resources to advocate for your future professional opportunities.
The Function of the Board for Professional Engineers, Land Surveyors, and Geologists (BPELSG)
The California Board for Professional Engineers, Land Surveyors, and Geologists (BPELSG) governs land surveying and engineering professionals in California. The board issues licenses to the professionals, investigates allegations of professional misconduct, and outlines regulations governing these careers.
To pursue your land surveyor or engineer profession, you must apply for professional licenses to the board. You should make specific disclosures and pass a professional test. Obtaining a license does not guarantee that you will keep it. You must follow certain compliance rules to keep your license.
The Application for a License and Denials
Acquiring a license is an exciting endeavor, as it is one of the final steps a person must pass before starting their profession. In most cases, the application process with the licensing board is simple. However, applicants can be denied the professional license. They could also face lengthy application procedures due to previous convictions or other issues.
When seeking a license to practice land surveying or engineering, working with a competent licensing defense attorney with extensive experience is crucial. To improve the chances of obtaining your license, you should seek the services of a lawyer to handle and submit the application on your behalf.
Although the licensing board has rejected your request, you may still have a chance to obtain a license. A "statement of issues" is a document that outlines the reasons for your application's rejection. Your attorney can represent you before the licensing board while aiming to secure your license fairly.
Your attorney can bargain the most beneficial probationary terms for you if the licensing board decides to put you on probation. As part of your defense, you may need to expunge any previous convictions from your record and demonstrate to the licensing agency that you have undergone rehabilitation.
The Process of Defending the Land Survey and Engineering License
The defense procedure for land survey and engineering licenses involves several phases, including:
Complaints, Interviews, and Board Investigations
If a complaint is lodged against you by a law enforcement official, consumer, government authority, liability insurer, or any other entity, the BPELSG will initiate the defense procedure for an engineering and land surveying license.
It is also possible for the process to start if the BPELSG discovers suspected misbehavior through its separate inquiry. In addition to receiving the complaint, the licensing board requires license owners to self-report certain administrative, criminal, and civil actions. These are some of the most common types of complaints the licensing agency receives:
- Incompetence.
- Contract violation.
- Fraud.
- Deception.
- Negligence.
- Misrepresentation.
- Civil, administrative, and criminal legal actions.
- Unlicensed practice.
- Professional misconduct.
- Criminal charges and convictions.
- Failure to oversee subordinate engineers.
- Failure to complete a project.
- Substance abuse.
- Improper recording of survey maps.
- Failure to use a written, signed contract.
- False or misleading advertisements.
- Any violations of the Engineers Act or any other applicable laws.
When presented with an issue, the board immediately evaluates its authority to handle it. If authorized, it conducts additional investigations into the complaint. Depending on the nature of the complaint, the board could seek specialists' assistance during these investigations.
The BPELSG's evaluation of your business operations and expertise can determine whether you may continue pursuing your career in California. A single formal complaint is enough to initiate a thorough inquiry that could jeopardize your reputation and livelihood.
Once all investigations are finalized, the board will determine the next steps. They may drop the case, issue a ticket and cash fines, refer your case for criminal or civil lawsuit, or escalate the issue to the office of the attorney general for formal disciplinary actions. Depending on whether you are the applicant, the attorney general may file a charge or a statement of issues. This initiates a formal hearing following the state's Administrative Procedures Act (APA).
Having a lawyer's help can be beneficial when conducting an investigation. They could help prepare your statements, prepare you for an interview, and offer legal support during questioning. An expert's presence during interviews is crucial for providing appropriate responses and guidance on when to speak. With the right legal advice and counsel, the allegations against you could be dismissed earlier as the interview stage of the inquiry.
Filing of Formal Accusations
Following the conclusion of the inquiry, the BPELSG could decide to file a formal complaint against you. This is called an Accusation. The Office of the Attorney General is responsible for producing and submitting the Accusation.
This shows that you are accused of an action or inactivity that led to the Accusation. These include:
- A criminal conviction.
- Deviation from the expected duty of care.
- Other misconduct, like substance abuse.
This document explains the nature of the Accusation against you. It also details the laws and rules you allegedly violated and the potential disciplinary consequences. In the Accusation, you are designated as the respondent, while the BPELSG is the plaintiff.
In addition to this, the Accusation includes:
- The professional license you possess.
- The specific allegations and reasons for the disciplinary action taken against you.
- The statutes and regulations that authorize the BPELSG to take disciplinary action against you.
Filing an Accusation poses a serious problem for you because the board has determined that it has valid grounds to initiate disciplinary measures against your professional license.
According to the APA, you have the right to legal hearings regarding the claims in an Accusation. However, you are eligible for this proceeding if you seek it. You must submit a Notice of Defense to protect your hearing rights.
You have only 15 days from receiving an Accusation to submit a Notice of Defense. If you fail to meet this deadline, the licensing board may automatically cancel your license. When the board brings an allegation against you, contacting an attorney seasoned in license defense is crucial. Time is of the essence, and both your career and livelihood are at stake.
Filing a Case With the Office of Administrative Hearings (OAH)
Upon submitting a Notice of Defense, your case will be sent to the OAH, where an Administrative Law Judge (ALJ) will oversee the proceedings. The settlement, hearing, and prehearing will all follow guidelines established by OAH.
Both parties can present testimonials and documentary evidence during the hearing to help support their respective arguments. Both parties should convince the ALJ on any disputed factual issues. You will have the opportunity to cross-examine the board's witnesses before presenting your case. After you present your case, the licensing board will then cross-examine it. Once both parties have presented their claims, the ALJ will examine the evidence.
Immediately following the conclusion of the administrative hearing, the judge will communicate their proposed verdict to the board. They must issue their decision within 30 days of the hearing's conclusion. The board then has 100 days to:
- Approve the administrative judge's decision.
- Modify the ALJ's ruling.
- Reject the decision and implement the discipline imposed.
After one hundred days, the ALJ's verdict should automatically become the final verdict. The licensing board or judge can impose penalties following the administrative hearing phase. These penalties include, but are not limited to:
- Probationary period.
- License suspension.
- Public reprimand.
- License surrender.
- License application denial.
- Probation and license suspension.
- License revocation.
In addition to these punishments, the BPELSG may pursue the recovery of investigation expenses and compel you to make reparation payments to negatively impacted customers. The licensing board's website publishes public documents, including disciplinary measures taken. Potential employers and customers can search these records online, even if you are allowed to keep practicing.
Appealing the Decision Made by the ALJ or Board
If you are dissatisfied with the board's or ALJ's verdict to issue disciplinary measures against you or the disciplinary measure imposed, you could request a judicial assessment. You can submit a petition for a Writ of Administrative Mandamus to the California Superior Court.
This petition requests the court to overturn and review the decision made by the licensing board or the ALJ. If you think the ALJ or licensing board made an error in their decision, filing a Writ of Mandate could provide a remedy.
Once the Superior Court overturns the ALJ's or board's verdict, your case will return to the licensing board with explicit directions from the court. Also, if you are dissatisfied with the verdict of the writ, you can file an appeal with the court.
Petition to Either Reduce The Penalties or Reinstate the License
Even if the licensing board has suspended or revoked your practicing license, you may still be able to pursue your career. You could request license reinstatement from the board after a specified period has elapsed.
Furthermore, you could request that the licensing board modify your probation terms or initiate early termination of your probation sentence. Your attorney can help reinstate your license by presenting the board with extenuating circumstances and proof of your completed rehabilitation.
One of the most important things to remember about the disciplinary action process for a license is your lawful right to due process. The board cannot carry out permanent actions that could tarnish your professional standing without offering you the right to present your side of the story.
You could request a hearing before an Administrative Law Judge (ALJ) if you cannot settle your case with the board. During this hearing, the BPELSG has to present its case. You can appeal the findings to a superior court if unsuccessful in the proceedings.
Criminal Charges or Convictions That May Impact Your Professional License
Engineers and land surveyors with criminal histories are subject to the BPELSG's professional punishment under California Business and Professions Codes (BPC) 677b and 490. Your professional license may be jeopardized if you have committed a felony crime or a misdemeanor deemed substantially linked to your duties and qualifications as an engineer or land surveyor.
You need a skilled license defense attorney to guide you through the legal system and present all mitigating factors supporting your case.
The following are some examples of violations that the board finds to be substantially linked to the professional skills and responsibilities of a land surveyor or engineer:
- Domestic violence, as defined under Penal Code 243e and 273.5.
- Sexual battery, in violation of Penal Code 243.
- Driving under the influence (DUI) of alcohol or narcotics, as per Vehicle Code 23152.
- Grand theft, in violation of Penal Code 487.
- Insurance fraud, as outlined in Penal Code 550.
- Simple drug possession, according to Health and Safety Code 11350.
- Petty theft, as defined in Penal Code (PC) 484.
- Possession with intent to sell controlled substances (HSC 11351).
Although you have not yet been found guilty, the board has the authority to take action against you. The judge presiding over your case can place conditions on your license, such as revocation, probation, or suspension, among other options. As with a plea bargain, the licensing board could plead with the judge to include these restrictions as a requirement for obtaining a release on bail or handing down a sentence.
Find A Professional License Law Firm Near Me
If you are at risk of losing your license, you should consult an attorney immediately about your legal rights. An experienced licensing defense attorney may help safeguard your livelihood, career, business, and reputation. At Sacramento License Attorney, we aggressively represent clients throughout the licensing process, including applications, denials, allegations, appeals, reinstatements, and investigations.
We can help you fight against unfair charges and results. Many land surveyors and engineers have benefited from our assistance in retaining and renewing their professional licenses. We can help you, too. For more information on how we can support you in defending your land surveyor or engineer license, contact us at 279-242-4711.
