As a land surveyor or engineer, your license is essential to your career. If you face any disciplinary action or regulatory investigation by the Board for Professional Engineers, Land Surveyors, and Geologists (BPELSG), it means you are at risk of losing it. Losing your license means losing your career, source of income, and livelihood. Thus, you want to contact an expert license defense counsel promptly if you believe your practice license is in jeopardy.
At San Jose License Attorney, our lawyers help clients facing allegations of wrongdoing protect their licenses, reputations, and livelihoods. We can do the same for you, too.
What Do Engineers and Land Surveyors Do?
Engineers apply mathematical, technical, and scientific principles to design, build, and maintain machines, systems, processes, and structures that solve real-world problems. For example, they create and produce the items we need in our everyday lives, such as different structures and vehicles, and even ensure we have water in our homes for daily use. Engineers bridge the gap between practical application and scientific discovery, focusing on safety, cost-effectiveness, and efficiency while working under constraints such as regulatory and budget requirements.
There are various categories of engineers, each handling roles based on their specialization and training. The primary categories are chemical, civil, electrical, and mechanical engineers.
Land surveyors are essential in environmental management, infrastructure, and construction. General roles of land surveyors and engineers include the following:
- Regulatory compliance. An engineer ensures projects comply with the state’s safety standards and environmental regulations.
- Survey data collection. A land surveyor collects correct measurements for land features.
- Land subdivision. Land surveyors measure, map, and subdivide land, thereby establishing property boundaries.
- Construction oversight. Engineers supervise construction projects. They ensure structures meet the required specifications and safety standards.
- Site analysis and planning. A land surveyor assesses land conditions. The results of this assessment help engineers design effective and safe structures.
- Urban planning. Land surveyors and engineers work on regional and city development projects.
- Environmental protection. An engineer designs systems that safeguard natural resources. These include water management and waste disposal systems.
- Geotechnical analysis. An engineer assesses soil stability and designs foundations for buildings. They ensure the construction of stable and safe buildings to safeguard the general public from accidents.
- Infrastructure development. An engineer designs roads, utilities, and bridges, contributing to the state’s infrastructure development.
- Flood control. An engineer designs flood prevention systems and installs water management systems.
Engineers and surveyors can work with government entities and private companies or establish their own practices. As an engineer or land surveyor, you will maintain your license as long as you provide quality services and comply with the state professional code of conduct and regulations. Any violation can cost you your license, ending your hard-earned career and income. Your reputation may also suffer.
The BPELSG Role In the Practice of Engineering and Land Survey In California
The BPELSG is a board within the Department of Consumer Affairs (DCA). It oversees the practice of engineering and surveying in California. BPELSG is deeply concerned that only ethical and competent professionals engage in the design of structures in California. That said, the board is responsible for licensing qualified engineers and land surveyors and denying licenses to those who are not qualified.
Additionally, the board establishes the professional code of conduct for land surveyors and engineers and enforces the laws these license holders must follow to continue practicing. The board also has the mandate to discipline license holders accused of violating the law and professional code of conduct.
When claims of criminal convictions or misconduct arise, the BPELSG may launch an investigation and pursue disciplinary action that places your license, career, and livelihood in jeopardy. Prevalent reasons for BPELSG investigations include the following:
- Negligence or incompetence in delivering services
- Fraud or deceit
- Breach of contract or failure to utilize a written contract
- Failure to supervise a project or complete a project already started
- Professional misconduct
- Practicing with no license, aiding and abetting the unlicensed practice of engineering, or exceeding the scope of expertise and license
- Substance abuse, particularly on the job
- Criminal convictions or charges substantially related to the practice of engineering or land surveying
- Failure to comply with the established trade standards
- Abandoning a project with no valid reason
- Violating contract terms, causing clients to incur significant losses
- Sexual misconduct, especially on the job
- False or misleading advertising
- Violations of the Business and Professions Code, Professional Engineers Act, and other applicable regulations and laws
- Already facing discipline by another board in California or another state.
How Criminal Convictions or Charges Can Impact Your Professional License
Per Sections 6775(b) and 490 of the California Business and Professions Code, the BPELSG may impose disciplinary action against engineers with a criminal record. Any felony or misdemeanor substantially related to the duties and qualifications of an engineer can place your practice license in jeopardy. The board provides a broad definition for the phrase “substantially related.” That said, you will want an experienced license defense lawyer to argue your case and prove your crime or conviction is not substantially related to the duties and qualifications of an engineer.
Offenses the BPELSG considers related to the practice of engineering and land surveying include the following:
- DUI of alcohol or drugs
- Sexual crimes
- Domestic abuse
- Theft
- Insurance fraud
- Simple drug possession
- Drug possession for sale
Even if the criminal court has yet to convict you and you have only been charged, the BPELSG, under PC 23, has the discretion to impose discipline. The board can request that the presiding criminal court judge place restrictions on your practice license. These restrictions might include probation, suspension, or revocation. The board may request that the judge make license restrictions as conditions for bail or sentencing. The board may request that the license restriction apply immediately and remain in effect until the case is resolved.
Your license defense lawyer may be able to contest the BPELSG’s order. They can bring a motion to oppose it and submit strong arguments against the order. The criminal court will then have the final decision on the issue. They can accept the BPELSG’s order, deny it, or agree to it partially.
How the BPELSG Handles Complaints
Anybody can initiate a complaint against you with the BPELSG, including your clients, colleagues, employer, or even family members. Many allegations originate from discontented clients, employers, and partners. The board usually receives many formal complaints, some more severe than others. It is its duty to review all the complaints it receives and act upon them if necessary. Many complaints are usually dismissed after review for lack of merit. Other complaints may be dismissed for not falling within the board’s jurisdiction.
BPELSG Investigation
Otherwise, if, after reviewing the formal complaint, the BPELSG finds that it has merit and falls within the board’s jurisdiction, an investigation will follow. If there is an investigation into a complaint against you, the board investigator will inform you. The investigator may request specific information and an interview.
If the investigator contacts you, politely say you need to consult your lawyer first. Your lawyer can counsel you on what to say since anything you say could be used against you. Ensure you cooperate with the BPELSG, as not doing so may lead to more severe disciplinary action, but avoid giving incriminating information or unnecessarily restricting your options for defense by speaking with the board investigator without first obtaining legal counsel.
During the investigation, the board might issue an ISO (interim suspension order). This is especially true if the supposed violation is severe. An ISO is a temporary disciplinary action that the board imposes to immediately restrict or suspend your license pending the conclusion of investigations. This disciplinary action is intended to safeguard the public generally when a violation suggests that permitting the licensee to continue to practice would pose a threat.
An investigation can last several months, and ISO may not be in your best interest. That is because with an ISO in place, you will not be able to practice while investigations are ongoing. Your lawyer can help you fight to prevent the board from imposing the order. You cannot afford not to practice for the several months that the investigation will be ongoing.
Accusation Filing
Based on the results of the investigation, the board can take various actions, including:
- Dismissing the case due to inadequate evidence to proceed
- Issuing a citation and fine if the violation is minor
- Referring the case to the Attorney General’s Office for formal action if the evidence suggests that the violation is severe.
When the board sends your case to the Attorney General’s Office, a Deputy Attorney General (DAG) will file a formal accusation seeking to discipline your license. After filing the accusation, they will inform you of the same. You can opt to challenge the accusation against you or let the board proceed with imposing disciplinary action. If you wish to contest the accusation, you have only 15 days to request a hearing by filing a Notice of Defense with the board. Failure to file your Notice of Defense will lead to the board revoking your professional license by default order.
However, if you wish to defend your license, the board will, through the Attorney General’s Office, set an administrative hearing date. Before the hearing, the board might propose a stipulated agreement. This is where you admit to the violation in question in exchange for a more lenient disciplinary action instead of proceeding with the hearing. You want to talk to your lawyer before agreeing to a stipulated agreement. If you have a higher chance of winning at the hearing, a stipulated agreement may not be a good option.
Administrative Hearing
If a stipulated agreement is not an option, your case will proceed to an administrative hearing. This hearing is like a criminal court trial. The only difference is that there is no jury. An Administrative Law Judge (ALJ) will preside, and the hearing will be held at one of the Offices of Administrative Hearings located in Sacramento, Oakland, Los Angeles, and San Diego.
During the hearing, you and the board will present your cases and provide supporting evidence. You both can cross-examine witnesses and even call expert witnesses to the stand. After the hearing, the judge will make their decision. They have 30 days to present their proposed recommendation to the board in writing, suggesting the kind of discipline that is appropriate if you are guilty. The BPELSG then has the ultimate say. It can adopt, dismiss, or modify the judge’s recommendations.
If you are guilty, the board may suspend or revoke your license or place it on probation. Other disciplinary actions include a letter of public reprimand, a letter of private reprimand, and license surrender.
All of these disciplinary actions can impact your practice license and career. For example, they can damage your reputation, leading you to lose your clients and your job. With a damaged reputation, landing new clients will be challenging. The board imposes a suspension or revocation if the violation is severe. Either of the two will impact your reputation and livelihood, making it difficult to continue practicing anywhere in California.
Reinstating your practice license after revocation or suspension is a long and complex process. You need an experienced lawyer’s assistance in fighting the allegations against you to avoid serious consequences for your license.
Find a Skilled Professional License Defense Lawyer Near Me
Acquiring your land surveyor or engineering license is not a guarantee that you will keep it permanently. A simple mistake can make you lose the license even faster than you obtained it. The BPELSG is always on the lookout to ensure that license holders offer safe and quality services and is not hesitant to impose disciplinary action if it finds that you have violated the law. That said, if there is a complaint against you of professional misconduct or any other wrongdoing, you want to consult a license defense lawyer as soon as possible.
At San Jose License Attorney, we can help identify the most compelling fighting strategy. Our experience and skills in administrative hearings enable us to understand the severity of the allegations against you, potential disciplinary action, and defenses that could achieve the best possible outcome. Contact us at (669) 330-4517 to discuss your case in detail.
