Being an engineer, geologist, or land surveyor is a fulfilling achievement requiring years of education, training, and dedication. However, even the most honorable professionals can be punished by the regulatory board. It can be stressful and confusing dealing with punishment from the Board for Professional Engineers, Land Surveyors, and Geologists (BPELSG). Your livelihood, career, and reputation would be at stake. You must fight for your license if you face any disciplinary action from the board. It can be challenging to defend your license without the right guidance. Seeking the services of a competent professional license defense attorney is important. Kern County License Attorney has a legal team that understands the intricate processes and statutes governing careers. We will offer you the necessary assistance, including ensuring that your legal rights are protected.
Engineers And Their Duties
An engineer is an expert who applies principles of mathematics, science, and technology in executing projects. They design, build, and maintain systems, machines, structures, and processes that solve real-world issues. Engineering is a wide field with many disciplines, each focusing on different aspects of innovation and development. The major types of engineers are:
- Environmental engineers who deal with sustainability and environmental protection
- Software engineers who develop computer programs and digital systems
- Electrical engineers who deal with wiring, electronics, and power systems
- Mechanical engineers who work with mechanical systems, engines, and machines
- Civil engineers who design roads, buildings, dams, bridges, and infrastructure
The following are the key roles of engineers:
- Innovation and Research — They improve existing technologies and develop new ones.
- Testing and Maintenance — They repair and maintain equipment or infrastructure and testing systems for functionality and safety.
- Construction and Implementation — Engineers ensure projects adhere to specifications by supervising construction or production processes.
- Problem Solving — Engineers improve efficiency, performance, and safety. They also analyze problems and develop practical remedies.
- Design and Planning — Engineers often use software tools to simulate projects and develop blueprints, technical drawings, and models.
Land Surveyors
A land surveyor is an expert who maps and measures the surface of the earth. They determine angles, distances, elevations, and land boundaries to support legal documentation, mapping, and construction. Surveyors play a major role before any construction or engineering project starts. The following are the types of surveying:
- Geodetic surveying involves measuring large areas of the Earth with high accuracy
- Construction surveying that guides infrastructure and building projects
- Topographic surveying involves mapping land features like trees, rivers, and hills
- Boundary surveying that involves determining property lines
The duties of land surveyors include:
- Legal And Regulatory Work — Surveyors prepare reports used in land ownership and land development approvals.
- Support for Construction Projects — Land surveyors often ensure structures are built in the correct positions by marking precise locations for buildings, utilities, and roads.
- Boundary Determination — Land surveyors help resolve land issues by establishing legal property lines.
- Mapping and Documentation — Land surveyors provide accurate data for planning by creating charts, maps, and land records
- Measurement and Data Collection — Land surveyors measure distances, angles, and elevations using tools like drones, total stations, and GPS.
The Board For Professional Engineers, Land Surveyors, And Geologists (BPELSG)
BPELSG is a state regulatory agency in California working under the Department of Consumer Affairs. BPELSG is responsible for safeguarding the public by ensuring that licensed and skilled professionals perform land surveying, engineering, and geoscience services. The professionals directly affect environmental stability, property boundaries, infrastructure, and public safety. BPELSG plays a vital oversight role in maintaining professional standards. The major duties of this board include:
Record Keeping And License Management
BPELSG maintains official records of licensed professionals. It also maintains a public database of licensees, tracks disciplinary history, and handles license renewals.
Consumer Protection And Public Outreach
The board serves the people by educating them on safe professional practices and providing access to license verification. It also provides a system to file allegations.
Assessment And Qualification Standards
The board ensures that only skilled people enter the profession. It achieves this in the following ways:
- Updating exam content periodically to reflect the changes in the industry
- Reviews qualifications and verifies the experience of applicants, and
- Oversees licensing examinations in collaboration with national bodies like NCEES
Enacting Laws And Regulations
The board helps pass and update statutes governing the professions. It achieves this through:
- Carrying out rulemaking processes with public participation
- Enacting new laws affecting engineering and surveying practices, and
- Adopting and updating rules and regulations.
Enforcement And Disciplinary Measures
The board investigates allegations against licensed professionals. It handles claims of misconduct, fraud, or negligence and takes action against unlicensed practice. It also imposes penalties, including fines, citations, revocation, and license suspension. This helps to maintain public safety and trust.
Regulation Of Professional Practice
BPELSG ensures that licensed professionals comply with established statutes and standards. It sets rules for ethical and competent practice and defines who can lawfully use professional titles like “Professional Land Surveyor.” The board also enforces the Professional Engineer Act and the Land Surveyors’ Act.
Licensing And Certification
The board’s primary duty is to issue licenses to eligible professionals. It achieves its mission by doing the following:
- Granting legal authority to practice only after meeting the requirements
- Requires candidates to pass national and state-specific exams
- Assessing the education, experience, and examination results of the applicants
For example, you must complete years of experience and pass multiple exams before securing a land surveyor license.
Complaints Against Engineers, Land Surveyors, And Geologists
Many actions can trigger the board to start a disciplinary process against you. You should seek the services of a skilled licensed attorney, whether it is an interpreted act, a mere comment, or an accusation of wrongdoing. The common accusations professionals face include:
- Not keeping evidence of continuing education
- A conviction of an offense significantly related to your qualifications
- Already facing disciplinary measures from another state’s licensing board
- Professional misconduct
- Insufficient sight investigation
- Calculations or plans that go against the current laws
- Ignoring board instructions
- Failure to utilize a written agreement
- False or misleading advertising
- Gross negligence, incompetence, or ordinary negligence in duty performance
- Different types of fraud
- Failing to complete a project you had already agreed to and begun
- Breach of contract
- Permitting unlicensed individuals to work under your supervision illegally
- Gross errors in the measurement or description of boundaries
- Violation of the Professional Engineers Act, Business and Professions Code, and other relevant laws and regulations
- Using an expired or another person’s seal
- Failure to carry out project inspection or supervision to verify whether the construction is as designed
- Drug or alcohol addiction or abuse, especially if committed on the site
- Practicing beyond the scope of your expertise or professional license, or unlicensed practice
Engineer, Land Surveyor, And Geologist License Defense
Fighting for your professional license against any disciplinary measure begins when any person files an allegation against you. The board will review the allegation once it is filed to determine whether it is worth pursuing. It will then determine if it has jurisdiction to continue with the case.
The board will forward the case to its investigating officers for investigation if the allegations have merit and the board has jurisdiction. It will then send you a notice of investigation to notify you that it is proceeding with your case. One of the investigators will reach out to you to request an interview or further interrogation.
Inform the board investigator politely that you must first consult your attorney if he/she calls you regarding the allegations filed against you. However, you should cooperate with the board, as failure to do so can result in severe punishment. Avoid intentionally risking incriminating yourself, even as you cooperate. Additionally, avoid narrowing your options for defense by speaking with the board without first securing expert legal counsel.
Most allegations will be dropped for lack of enough evidence to pursue or being deemed unsubstantiated. Others can be dropped because they do not fall under the board’s proper jurisdiction.
The board will first consider the allegations it intends to prove, in the order they were filed and based on how urgent and severe those accusations are to public safety. You will face an interim suspension order during the investigations if the accusations are serious. Your attorney can help you fight the allegations immediately, as investigations take longer to complete. It is also not good to stop practicing for that period during the investigations.
You should reach out to an attorney immediately if the board notifies you of the investigation. The faster you act, the better the outcome. Your attorney can file a Notice of Defense immediately upon receiving the notice of investigation. The attorney will start looking for defense options that can help your case after filing the Notice of Defense.
In most cases, your attorney can convince the board to drop the allegations or secure a favorable settlement before the case reaches the administrative hearing stage. However, your attorney can prevent several defenses if your case proceeds to trial. An attorney will do this to challenge the evidence, testimony, or arguments against you. Your attorney can also present mitigating factors in favor of your charges to reduce the punishment. He/she can present the following defenses:
Disproportionality
When presenting a disproportionality defense, your attorney can claim that the recommended punishment is excessive for the crime.
Lack Of Jurisdiction
In some cases, the board can overstep its mandate and pursue cases it should not have. Your attorney can argue that the board did not have jurisdiction over specific circumstances or the conduct of the underlying crime. The board might have no option but to dismiss the case if your attorney provides enough evidence on this argument.
No Crime Was Committed
Your attorney can present valid arguments proving that you never violated licensing regulations, laws, or rules and were acting reasonably. Aggressively refuting the allegations and presenting exonerating evidence can counter the allegations in the complaint.
Insufficient Evidence
Your attorney can allege that the board has insufficient evidence to impose a disciplinary action on you. The board can be forced to drop your charges if your attorney presents a convincing argument.
Negligent Supervision
Your attorney can shift the blame to the supervisor who failed to provide adequate oversight.
The following are the mitigating factors your attorney can present to help reduce the punishment against you:
- You do not have a prior criminal or disciplinary record
- You acknowledge that you made a mistake
- No person sustained injuries because of your conduct
- The crime was not intentional
- You have already taken the necessary measures to fix your mistakes
- You intentionally reported the crime in good faith
The board could impose the following penalties on you if disciplinary action cannot be avoided:
Criminal Prosecution
In some cases, the office of the Attorney General can file criminal charges against you to add to the existing administrative penalties.
License Probation
Sometimes, your license can be put on probation. At this point, your practice will be restricted to practicing under conditions and supervision. You can face probation as a form of independent discipline. Your attorney can also negotiate for a stay of revocation if your license is subject to revocation. Probation will allow you to continue practicing, but with certain requirements and conditions attached. The board can also order compliance with continuing education requirements.
License Suspension or Revocation
You will be temporarily barred from practicing if your professional license is suspended. A suspension will only take a specific period. On the other hand, a revocation is indefinite. If the board revokes or suspends your license, it does not mean you will never practice your profession. You can petition the board to reinstate your license once the specified period has passed.
A Letter Of Reprimand, Citation, or Fine
The board can impose a fine, citation, a letter of reprimand, or restitution costs for not-so-severe crimes. Your attorney can fight to reduce the fine or prevent a citation or reprimand from going on your record.
Find A Skilled License Attorney Near Me
If your engineer or land surveyor license is at risk due to a formal complaint against you, our attorneys at the Kern County License Attorney can help. We take immense pride in our track record in representing professionals whose licenses are at risk. For reliable representation, contact the Kern County License Attorney. Call us today at 661- 558-1950 to speak to one of our attorneys.
