Engineers and land surveyors play a critical role in the building sector by realizing clients' dreams. However, becoming an engineer or land surveyor requires completing several years of education and obtaining a practice license.

The Board for Professional Engineers and Land Surveyors is the section of the consumer protection department responsible for regulating the practice of engineers and land surveyors by issuing licenses and setting ethical and practice standards.

If you violate the set standards or engage in criminal activities, you could face potential discipline by the board. Therefore, if you are notified of a pending investigation against you, you must aggressively fight the allegations and avoid adverse action against your license.

At San Francisco License Attorney, we will help you understand the legalities of the complaints against you and build your defense for a favorable case outcome. We serve clients battling license defense in San Francisco, CA.

Role of Engineers

Engineers are critical in ensuring building projects' safety, efficiency, and cost-effectiveness. The responsibilities of engineers include:

  • Assemble the necessary equipment and materials needed for a construction project.
  • Ensuring that the projects comply with state and local regulations.
  • Liaising with other professionals to estimate the cost of different projects.
  • Oversee the building process and ensure safety regulations.
  • Work closely with other professionals to comply with environmental regulations for their projects.
  • Supervise the use of machinery and construction equipment.
  • Hire and supervise workers to help with construction projects.

The Role of Land Surveyors

In the construction world, where every detail is key to a successful project, land surveyors play a critical role in shaping the physical landscape of our community and construction projects. The responsibilities of a land surveyor include:

  • Examining and comprehending the construction site's topography.
  • Navigating the state rules on developing diverse structures;
  • Translating the architect's idea into different structures.
  • Infrastructure development and making sure the building complies with regional development plans.
  • Working together with other experts in the building sector.
  • adopting and utilizing modern technology in building projects.

The Board of Professional Engineers, Geologists, and Land Surveyors (BPELSG)

The Consumer Protection Department's Board for Professional Engineers, Land Surveyors, and Geologists (BPELSG) division oversees the state's land surveyor and engineer licensing requirements. The BPELSG's main goal is to protect the public's lives, health, property, and welfare. The roles of the board include:

Licensing

One of the blog's primary roles is to provide licenses for qualified professionals to practice as engineers and land surveyors in California. Before obtaining a license, you must meet the set educational and training requirements. Additionally, the board will administer an examination you must pass before applying for a license.

Applying for a license involves filling out the necessary forms and providing supporting documentation. The board will review the application and issue you a license you must renew regularly.

Setting Practice Regulations

Obtaining a license from the board of engineers and land surveyors gives you the right to offer your services in California. However, you must follow the regulations set by the board to keep this right. Often, the board will set standards around your ethical duties, level of competence, and safety of the services you offer to your clients.

Receiving and Handling Complaints

Since the BPELSG regulates your practice as a licensed engineer or land surveyor, your violation of these standards is reported to the board. Often, your misconduct is reported by clients who are harmed by your services, your employer, or even your colleagues.

After receiving a complaint, the board will investigate it and take appropriate disciplinary measures if you are found liable for the violation.

Renewal and Reinstatement of Licenses

You must always have a practice license to offer your services as an engineer or land surveyor in California. Therefore, if your license has expired or has been suspended for misconduct, you must petition the board to reinstate or renew it. A license renewal is not automatic. You must meet all the continued education and rehabilitation requirements the board sets.

Violations Committed by Engineers and Land Surveyors

As a licensed engineer or land surveyor, you could face an investigation and potential discipline by the board for engaging in the following acts:

Unlicensed Practice

You must have a valid license to practice as an engineer or land surveyor in California. You will obtain a license after meeting all the requirements and passing the licensing examination. Practicing with a suspended or expired license is a violation that could land you in trouble with the board.

Criminal Convictions

An arrest and criminal conviction are daunting experiences. This is because of the possibility of spending time behind bars and facing hefty fines. Licensed engineers and land surveyors have an added risk of losing their professional license after a criminal conviction. When the board learns of the conviction, an investigation will be conducted, which may result in severe discipline.

Common offenses whose conviction can put your license in jeopardy include fraud, robbery (PC 211), grand theft (PC 484), drunk driving (VC 11352), and assault (PC 240).

Aiding Unlicensed Practice

Other professionals may work under you as an engineer or land surveyor. You are responsible for ensuring these workers have the licenses and permits to offer tier services. If you employ unlicensed workers or allow unskilled workers to work on projects that require certification, your license could be at risk.

Misrepresentation

When advertising your services to clients in California, you must be truthful. Lying to clients or misrepresenting facts about your services is a violation that can be reported to the board by an unsatisfied client.

Gross Negligence

When providing your professional services, you must ensure the safety of your clients and other workers operating under you. You can be liable for gross negligence if you engage in acts that put the safety of others in jeopardy. The discipline can impose disciplinary action on your license even when your conduct does not result in injury or death.

Billing Fraud

One of the roles of land surveyors and engineers is to bill clients for their services. Billing fraud is a crime that involves charging a client for more services than you provided or services that were not provided.

Working Outside the Scope of Your License

When the BPELSG issues you a license, you will know the services you can offer, given the type of license you receive. Providing services beyond the scope of your license could put the permit at risk.

Disciplinary Process by the Board for Professional Engineers, Land Surveyors, and Geologists

The disciplinary process by the BPELSG has the following stages:

Complaint

A disciplinary proceeding against you begins when a person reports you to the board for violation. These reports could be made by clients, your employer, colleagues, or law enforcement. A complaint to the BPELSG can be made through email or by formal reporting through the board's reporting procedures.

After receiving the complaint, the board will review it and determine if it falls within their jurisdiction.

Investigation

The complaints within the BPELSG's jurisdiction are investigated further. The board's investigation involves collecting further evidence against you, interviewing witnesses, and checking your criminal and license history.

If the board is investigating you, you must be notified. After receiving the notice, you have up to fifteen days to respond to the allegations.

Stipulated Agreement

If, after the investigation, the board finds sufficient evidence to support the allegations against you, a stipulated agreement may be suggested. Entering his agreement means that you must accept liability for the violation and forgo your right to a hearing. Your case will move to disciplinary action.

When you enter this agreement, you can negotiate with the board for favorable disciplinary action.

Administrative Hearing

An administrative hearing is scheduled if you do not enter the stipulated agreement. Before the hearing, you will be allowed a discovery phase. This allows you and your attorney to review the evidence the board wished to present against you.

An administrative hearing is presided over by an administrative law judge. You can present your defense during this hearing and cross-examine the board's witnesses.

Final Decision

An administrative law judge must decide on your case within thirty days of the administrative hearing. The final decision is posted on the board's website. The decision will contain findings, determinations, and an order from the ALJ.

After receiving the ALS’s decision, the BPELSG can modify, accept, or reject it under California Government Code 11517(c)(2).

Appeal

The decision made by the board on your case does not seal your fate. If you are unsatisfied with the decision, you can appeal it. Filing an appeal involves asking the board to review a portion or the entire case. You must file an appeal within sixty days of receiving the board's decision.

Disciplinary Actions Against Your Land Surveyor or Engineer License

If, after an investigation and the administrative hearing, you are found to have violated the standards of practice set by the Board for Professional Engineers, Land Surveyors, and Geologists, you will face disciplinary action. When determining the appropriate discipline against your license, teh board may consider the following factors:

  • The nature and severity of your violations. Violations committed by licensed engineers and surveyors vary in nature and severity. You will face more adverse discipline for severe violations.
  • Your history of violations. When deciding on the right discipline to impose on your license, teh board will review your record. You risk facing harsh discipline if you have a history of violations.
  • The time that has passed since you committed the violation. Some violations are not reported immediately when they happen. Therefore, the board can consider the time between committing and reporting the violation.

Common disciplinary actions against your license include:

Citations

Under the Administrative Procedures Act, the board can issue a citation against you when you are found liable for a minor violation. Often, violations resulting from this type of discipline do not cause losses or injuries to others. Although the citation will not affect your ability to practice, it will be posted on your professional record and can cost you work opportunities.

Fines

Under some circumstances, the board may impose administrative fines against you for violating their practice guidelines. A fine is a common disciplinary action when your actions cause financial loss to a client.

License Probation

The board can suspend your license after an administrator's hearing. License probation does not prevent you from practicing as an engineer or land surveyor; however, your practice will be monitored strictly.

While on professional probation, the BPELSG may impose conditions you must meet to keep your license. These conditions will vary depending on the nature and seriousness of your violations.

License Suspension

For more severe professional violations, the BPELSG can suspend your license. Unlike license probation, a suspended license means you will not practice during the suspension period. A license suspension may range from one to five years, depending on your committed violations.

After the suspension period has ended, you can petition the board to reinstate the license. However, you must have met all the conditions set during the license suspension. Additionally, you must prove to the board that you have been rehabilitated from the conduct that resulted in the license suspension.

License Revocation

The most dreaded outcome of a disciplinary case by the BPELSG is the revocation of your land surveyor or engineer license. You could face this action when you are a repeat offender or reported for committing a serious violation. A license suspension is a permanent decision that could end your career.

Find Expert Legal Guidance Near Me

The Board for Professional Engineers, Land Surveyors, and Geologists monitors your practice as a land surveyor or engineer. You will be reported to the board if you engage in unlicensed practice, insurance fraud, fraudulent billing, and unprofessional conduct.

After thoroughly investigating the allegations, the board will hold administrative hearings where you have a right to defend yourself against the allegations. If you are found liable for the violations, you could face disciplinary action ranging from simple reprimand and citation to severe action like suspension or revocation of your license.

Losing your right to practice for a while or permanently can significantly impact your career and livelihood. You will benefit from the expert legal guidance we offer at San Francisco License Attorney when you face an investigation and potential discipline by the BPELSG in San Francisco, CA. Contact us today at 415-919-6594 to discuss the details of your case.