Land surveyors and engineers invest considerable time and resources in acquiring the necessary skills, education, licensing, and experience. Unfortunately, a single misstep can place their license in jeopardy. If your practice license is at risk due to an alleged violation, you want to contact an experienced professional license defense counsel immediately for help.
At Santa Cruz License Attorney, our lawyers provide solid, effective professional license defense for land surveyors and engineers during the California Board for Professional Engineers, Land Surveyors, and Geologists (BPELSG) disciplinary procedures. Our lawyers will safeguard your license, future, and reputation in the best possible way. Call us today to share your case details.
The Function of the California BPELSG
The BPELSG is the board that regulates the practice of professional land surveying, engineering, geology, and geophysics in California. It licenses professional land surveyors, engineers, geologists, and geophysicists. It has the legal authority to implement regulations to govern these professionals.
To practice as any of the mentioned professionals, you must apply to the BPELSG for a practice license. The board will require you to make various disclosures and perform well on professional examinations. After the board issues you a license, it is not a guarantee that you will keep it. Several compliance requirements exist that you must obey to keep your license and continue practicing your profession.
If a complaint of violation is filed against you or you are charged or convicted of a crime, the board has the authority to start an investigation, which places your license, career, and livelihood at stake. Prevalent reasons for investigations by the BPELSG are:
- Fraud and deceit
- Breach of contract
- Unprofessional conduct
- Negligence and incompetence
- Criminal convictions or charges substantially related to the duties, functions, and qualifications of your profession
- Practicing without a professional license or beyond the scope of your expertise and license
- Aiding and abetting unlicensed practice
- Substance abuse, primarily if done on the job
- Facing disciplinary action by an out-of-state licensing board
- Misrepresentation
- False or misleading advertising
- Failure to record survey maps
- Failure to complete a project you have already accepted and started
- Failure to use a written contract
- Failure to supervise a project
- Failure to supervise engineers or land surveyors working under you
So, one of the board’s primary purposes is to protect public property and public safety and uphold high standards of integrity and competence in the field. That means the BPELSG is not on your side as an engineer or land surveyor but on the consumer’s side. It receives hundreds of complaints against the various classes of engineers and land surveyors, and it is its duty to investigate them before making its decision.
When the board finds the complaint brought against you to be true, it has the power to impose disciplinary action against you, which may lead to the loss of your license. The kind of discipline imposed depends on different factors, such as the severity of the violation. That said, you want to contact legal counsel as soon as you learn the BPELSG has received a complaint against you to increase the chances of retaining your license.
The Disciplinary Process
The disciplinary process by the California BPELSG starts the moment the board receives an official complaint against a professional. The complaint could come from anywhere. It could be filed by your colleague, client, or another board. If someone brings an official complaint against you to the board, the board will determine whether it has jurisdiction over it and, if so, launch an investigation.
The board will send you a notice of investigation to inform you that a complaint has been filed against you and that investigations are ongoing. The board investigator may contact you to request specific information or for an interview. It is essential not to talk to the investigator without first consulting a lawyer to avoid providing self-incriminating information.
At the end of the investigation, the BPELSG will take action contingent on the outcome. If the investigation reveals there is insufficient evidence to proceed with the disciplinary process, the board will close the case, and you will be free of all allegations. If the investigation reveals you committed a violation, but it is only minor, it may impose lenient discipline, such as a private reprimand against you. On the other hand, if the investigations reveal that you committed a severe violation, the board may forward your case to the Office of the Attorney General for further action.
When the Attorney General receives your case, they will file a Statement of Issues against you if you are applying for your practice license or an accusation if you already hold a practice license. An Accusation or Statement of Issues is an official complaint alleging various reasons for intended action against you. Once the Attorney General files either of these, they will notify you.
You will have only fifteen days to respond to the Accusation or Statement of Issues notice by filing a Notice of Defense. If you miss the timeframe, the board may render a default decision order against you, which will result in an automatic loss of your license. Particularly, it is crucial to read the notice of Accusation or Statement of Issues carefully and adhere to all the instructions therein.
Whereas you may want to address the notice of Accusation or Statement of Issues yourself, especially if you think the allegations against you are flimsy, it is crucial to recall that the BPELSG takes all complaints seriously, and it is not sympathetic to you. So, even if you believe the allegations against you have no basis, it is essential to involve a lawyer. The lawyer will explain the process involved, possible consequences, and the best way to handle the allegations you face.
Once you file a Notice of Defense, the Accusation or Statement of Issues can be resolved in one of two ways: via a stipulated agreement (or settlement) or through an administrative proceeding.
Stipulated Agreement
If the Accusation has merit, a stipulated agreement may be the ideal way to address the matter. A stipulated agreement involves you admitting the wrongdoing and accepting some form of discipline. If you go the stipulated settlement route, the board often has disciplinary guidelines that can help determine whether discipline is appropriate and what kind it should be. Your lawyer should be able to advise whether a stipulated agreement is the best option for you.
Occasionally, a minor error or wrongdoing may be insufficient to warrant disciplinary action, and your lawyer can advise on whether you should accept any discipline in the first place and what discipline would be practical. If a stipulated agreement is appropriate, your lawyer can assist you in:
- Negotiating with the board
- Presenting your side of the story favorably, for example, by presenting evidence of rehabilitation, mitigation, and remediation.
- Fashioning a solution tailored to your priorities
- Advising you regarding the repercussions or possible repercussions of any recommended agreement
The terms of settlement proposed by the BPELSG might include dismissal of the case, a public reproval, a fine, a temporary suspension of your license, voluntary surrender of your license, or probation.
Administrative Hearing
If you opt to challenge the allegations against you after responding to the Accusation notice, the Attorney General will schedule an administrative hearing at the Office of Administrative Hearings (OAH). These hearings are presided over by an Administrative Law Judge (ALJ). Even though the proceedings are similar to the lawsuit process, administrative proceedings have unique considerations, like evidentiary and procedural rules, so you must have a lawyer who deeply understands administrative processes.
During the initial steps of the proceedings, you and the Attorney General will conduct discovery. This is a legal process in which the board, through the Attorney General, shares the information it has regarding your case with you and your lawyer. The information includes copies of documents and evidence acquired during board investigations, as well as the names of expert and material witnesses. You will also have to share the information you have about the case with the board through the Attorney General.
At this stage, you want to start mounting your defense, including obtaining evidence, experts, and witnesses in support of your case, to help demonstrate that the accusations against you are mistaken, distorted, false, or otherwise inadequate to warrant disciplinary action. You will have to testify during the hearing, so your lawyer can ensure you are well prepared for the kinds of questions to expect. Your lawyer can also assist you in devising solid defense arguments that increase the chances of retaining your license. These include, if appropriate, rehabilitation or mitigating steps you have taken to correct your mistakes.
Your case then proceeds to the actual hearing. It is an adversarial process where the Attorney General will argue the board’s case, and you will have the chance to defend yourself. Once the hearing ends, the judge usually has thirty days to render their decision and recommend to the BPELSG how to resolve the matter. However, the BPELSG has the ultimate say on the disciplinary action it will eventually impose against you. You will receive the board’s decision within another hundred days. Some of the disciplinary actions the board may impose include
- Public reproval or reprimand. This is a disciplinary action to publicly censure you for your actions. It applies to minor offenses.
- License revocation. A revocation of your license bars you from practicing indefinitely. It is the most severe form of punishment.
- License suspension. A suspension of your license prohibits you from practicing engineering or land surveying for a specific duration. Once the duration elapses, the board reinstates your license.
- License probation. When you are on probation, you can continue to practice, but the board will impose certain restrictions on your license. The board will also require you to fulfill specific conditions. If you fail to do so, your license will be suspended.
- Administrative citations and fines. This disciplinary action applies to minor violations.
- Referring the case to the D.A. for criminal prosecution. The board may escalate your case to the District Attorney, who may file criminal charges against you to add to any board-imposed discipline.
If you oppose the board’s decision on disciplinary action, you can appeal. You can appeal to the board itself by filing a Request for Reconsideration or to the Superior Court.
The Effect of Criminal Accusations or Convictions On Your License
Under Sections 6775(b) and 490 of the California Business & Professions Code, your licensing agency can impose disciplinary action against you if you have been convicted or charged with a crime. Any felony crime or misdemeanor violation substantially related to your professional functions, duties, and qualifications can harm your license.
California licensing boards have a broad interpretation of what “substantially related to” means. Thus, you want to have a knowledgeable defense counsel helping you in challenging the board’s interpretation and presenting mitigating elements to support your case. Examples of criminal violations the BPELSG considers to be significantly related to engineering or land survey are the following:
- Driving while intoxicated with alcohol or drugs
- Domestic violence
- Drug crimes, including simple drug possession, drug sale, possession for sale, and drug trafficking
- Insurance fraud
- Grand theft
- Sexual battery and sexual assault
- Embezzlement
- Identity theft
Even if you have only been charged and the court has yet to find you guilty, the board can still impose discipline against your license. It can order the criminal court to impose certain restrictions against your professional license as a condition of sentencing or bail. The restrictions may include an interim suspension or license probation.
Your license defense counsel can contest the board’s order. They can bring a motion to oppose it and assert compelling arguments against it. The criminal court judge will then have the final decision on the issue. They can accept the BPELSG order or partly agree to it.
Find a Knowledgeable License Defense Legal Counsel Near Me
If the BPELSG has notified you of a complaint or investigation against you, contact a lawyer as soon as possible to help you navigate the situation. When a lawyer intervenes early enough and gathers all the case facts, they will provide you with a higher chance of avoiding a disciplinary process and retaining your license.
At Santa Cruz License Attorney, we boast skilled professional license defense lawyers with a track record of helping clients achieve positive results. We will rigorously defend your license so you can continue to practice the profession you love and have a livelihood. Contact us at 831-770-6474 to talk to a lawyer.
