It takes time and great effort to become a certified engineer, geologist, or land surveyor in San Francisco. The California Board of Professional Engineers, Surveyors & Geologists conducts an intensive and extensive screening process to ensure that qualified professionals are fully qualified for certification. Even after meeting the requirements and becoming licensed, you have to work diligently to protect your license and livelihood.
Unfortunately, licensed land surveyors and engineers face all manner of allegations from the public. You can be accused of fraud, negligence, incompetence, unprofessionalism, or even of committing a crime. To protect the public and safeguard the integrity of the Department of Consumer Affairs, the board can suspend or revoke your license. When this happens, we can help at San Francisco License Attorney. Our competent attorneys can use their skills and experience to influence the agency’s decision.
The Role of The California Board of Professional Engineers, Surveyors, and Geologists
This board is the government agency mandated to license and supervise professional engineers, geologists, and land surveyors in California. It screens and licenses qualified professionals to legally and professionally serve the public’s needs. The board also regulates licensed professionals to ensure that only those who satisfy the required service standards remain licensed. You must meet the educational and professional standards to maintain an engineering or surveyor professional license in California.
However, licensing and regulation are not the agency’s main mandate. The agency was mainly constituted to protect public interests. Its mandate is to ensure that the public receives safe, competent, and professional services every time someone hires a land surveyor, engineer, or geologist. In this case, the board leaves the door open for the public to file complaints if they are dissatisfied or injured by services from a licensed professional.
When an allegation is brought to the board, it investigates the complaint to determine its validity, severity, and the right disciplinary action. The board has the authority to discipline a licensed professional who violates the professional standards of their profession. It can issue a citation, put your license on probation, or suspend or revoke it altogether.
Everything the board does is geared towards ensuring that the public receives good value for the services it pays for. Thus, it will promote professional conduct and competency to keep the public safe and satisfied. It will also review license applications, process them, and only select the most qualified professionals for licensing. Thus, the board will not hesitate to discipline you if your behavior poses a risk of economic loss or physical harm to the public.
Common Reasons Why Engineers and Surveyors Face License Discipline
As a certified engineer or surveyor, you could face discipline by the board if your activities put your clients at risk of damage, you demonstrate incompetence, or you violate the set ethical codes. The board will first investigate the matter to determine its severity and the appropriate disciplinary action. Here are common reasons why licensed engineers and surveyors face license discipline in California today:
Incompetence and Negligence
You can be accused of incompetence if you lack the skills for the profession for which you are licensed. Negligence happens when you carelessly serve your clients without taking the necessary precautions, thereby putting them at risk of physical, emotional, or financial harm. Here are common circumstances under which an allegation under this category can happen:
- If you severely lack the necessary care to perform your professional duties by failing to follow the set safety standards or verify safety in your designs.
- If you fail to inspect, survey, or analyze a site properly before designing, planning, or building
- When you make fundamental errors in boundary descriptions, measurements, or technical calculations
- When you accept and work on projects that require different skills or a license from the one you have
Professional and Ethical Misconduct
You can be accused of unprofessionalism or ethical misconduct under the following circumstances:
- When you sign or seal drawings, plans, or documents that you have not produced or personally supervised
- When you use an expired, improper, or fraudulent seal, or use another person’s seal for fraudulent purposes
- If you fail to disclose to a client your financial interests in a particular project, which could influence your professional judgment
- When you use misleading or false advertising practices, or make dishonest claims about your qualifications or services
- If you breach a written and signed contract by failing to complete the work as agreed
Administrative and Regulatory Violations
The board can also take disciplinary actions against you for the following reasons:
- If you falsely report on continuing education, or fail to complete the required continuing education units, which is a requirement for all licensed engineers and surveyors
- If you practice without a valid license, whether it is expired, suspended, or revoked, or if you do not have one in the first place.
- When you allow an unlicensed assistant to assist you in a capacity that requires competence or licensing
- If another government agency takes disciplinary action against you, whether in California or out of the state, and you fail to report it
- If you fail to respond to investigations or inquiries by your licensing board
Personal Misconduct
Some personal behaviors affect your professionalism, which can impact how you serve your clients as a certified engineer or surveyor. These include substance or alcohol abuse or addiction, and criminal arrests or convictions. If an addition affects your work, you will likely put your clients at risk of harm. The board can suspend your license temporarily to allow you to receive treatment and rehabilitation.
On the other hand, some criminal convictions substantially affect your professionalism. They include DUIs, drug-related crimes, theft, and fraud. The board can take harsh disciplinary action, like license suspension or revocation, depending on the severity of the criminal matter.
The Investigation Process by the California Board of Professional Engineers, Surveyors, and Geologists
When someone is dissatisfied or harmed by your services as a professional engineer or surveyor, they can file a claim with your licensing board. The board receives so many of these complaints every day. However, it only acts if a claim is substantiated. Its action starts with an investigation to determine the nature and stringency of the allegation, and to gather sufficient evidence for effective decision-making. When the board decides to investigate your case, you will obtain a notification of a pending investigation and hearing. You should involve an experienced license attorney at that moment.
If the board hears enough evidence that you were unprofessional, incompetent, or negligent and that your actions put your clients at risk of damage, it will file a formal complaint against you. Before this happens, you can request a case settlement with the board and the parties involved. If this works, the complaint’s impact on your license and livelihood will be minimal. However, if it does not work, it is best to prepare well for the hearing.
In your preparations, gather all reports, plans, and contracts related to the matter. Your attorney will determine the strength of the evidence gathered by the board to develop a defense strategy that will work in your favor. During the hearing, you can bring in a witness, present your evidence, counter the board’s claims, and cross-examine the witnesses brought in by the board. This can be done skillfully and strategically by your competent attorney.
Administrative judges usually oversee administrative hearings like these. The board appoints these and does not usually possess the skills of a criminal court judge. Your competent attorney can take advantage of that by putting up a strong case against the board’s claim to gain an upper hand in the case. Once the presentations are done, the judge will give their final verdict and recommendation. The recommendation would be for the most suitable disciplinary action against you, based on the nature and seriousness of the allegation.
Your Rights During Disciplinary Actions
Regardless of the severity of the allegations you face, your rights as a professional engineer or surveyor are valid. Your attorney’s role during the administrative process also includes informing you of your rights and defending them. Here are examples of the rights you should know and protect as you fight for a favorable resolution:
Right to Legal Representation
This basically means that you have the right to have an attorney from the start to the end of the administrative process. Although legal representation is not usually mandatory, it is highly recommended. This is because the administrative process can be highly confusing, especially if this is your first time facing a disciplinary action.
Your attorney will review your case and the board’s evidence to ensure you understand the seriousness of the situation, your options, and the best strategies to achieve a desired outcome. They will also ensure you are well-prepared for any eventuality, including the administrative hearing. Your attorney will also develop a solid defense to influence the agency’s decision.
The Right to Present Evidence
You also have the right to defend yourself or fight the allegation brought against you. Thus, start by gathering compelling evidence to support your claims or counter the board’s claims. Your experienced attorney will help you with this process, as they know which evidence you need in your case. They will prepare the evidence and present it in a way that is acceptable and impactful during the administrative hearing.
The Right to Cross-Examine Witnesses
If the board brings in witnesses to testify against you during the administrative hearing, you have the right to cross-examine them. This could weaken their case against you or bring to light some evidence that could help in your case. Your skilled attorney can handle this to gain an upper hand in the case.
You can also bring in your witnesses and cross-examine them during the hearing to support your case.
The Kinds of Strategies Your License Attorney Can Use for a Favorable Outcome
Competent license attorneys choose defense strategies based on the nature and seriousness of the allegations their clients face. Thus, your attorney will use one or a few strategies, depending on your expected outcome of the case. Some of the strategies that could help include the following:
Challenging the Board’s Evidence
Remember that when you face license discipline, your career and livelihood are usually at risk. You risk losing a profession that took you years to master and cost you lots of money. Your attorney can start by reviewing the evidence gathered by the board and developing a strategy to challenge the evidence and counter the board’s claim. This can save your reputation and license.
Negotiating a Settlement
Remember that this can work in your favor before the board files a formal complaint against you. A skilled attorney will determine the right time to negotiate a settlement between you and the board or the parties involved. If your behavior caused a client to lose money, you could be required to compensate them for their losses. Settlements are time-saving and, almost always, result in favorable outcomes for the accused.
Demonstrating Rehabilitation
If you are accused of unprofessional conduct, like drug abuse, and you take quick action to seek treatment or rehabilitation, this can work in your favor. If you prove to the board that you are fully treated or rehabilitated and that you will not repeat the same mistakes in the future, the board can dismiss the case against you.
Find Competent License Defense Services Near Me
If you are about to lose your engineering or land surveyor professional license to suspension or revocation in San Francisco, a qualified license lawyer can help. Losing a professional license because of a single mistake is possible, especially if that mistake puts the public at risk of harm. However, you can fight for a reasonable outcome with the assistance of a skilled attorney.
At San Francisco License Attorney, you deserve a second chance in your career. Instead of revoking your license, we can convince the agency to dismiss the allegation or use a more favorable disciplinary action that does not harm your livelihood. Contact us at (415) 707-6383 to talk about our services at length.
