To work as a licensed engineer and land surveyor in California, one must maintain professionalism and ethics. Even a minor action or error in judgment could lead to the licensing board questioning your suitability and integrity to work in this field. Considering the significant investment of time and resources you have used to acquire the necessary skills, license, and training for your career, it would be unwise to let a single mistake endanger your livelihood.
If the licensing board investigates you because of a misconduct or malpractice complaint, consider retaining an experienced professional license attorney. Early guidance and assistance from a competent license defense lawyer can significantly increase your chances of a successful outcome. At Oakland Licensing Attorney, we offer land surveyors and engineers in Oakland, CA, licensing defense services. We also take great pride in our extensive history of successfully defending our clients’ licenses and careers.
The Essential Functions Performed By Land Surveyors and Engineers in California
The Board of Professional Engineers, Land Surveyors, and Geologists (BPELSG) not only issues licenses but also oversees many professionals who offer valuable services, including:
Land Surveyor
Contractors, miners, municipal planning boards, and other professionals rely heavily on a land surveyor to assist them in effectively planning various projects. As a licensed land surveyor, your skills include researching property titles, ensuring proper distances between infrastructure and lots/buildings, strategically utilizing natural topographical elements, and evading underground electrical lines and pipes during construction.
Many projects can only come to fruition with a land surveyor's approval. Your maps, data, and suggestions are invaluable resources that enable other professionals to make critical decisions. However, even the most skilled land surveyor can easily make mistakes. You may also become a target of an unjustified or false complaint that could jeopardize your license to practice.
Civil Engineer
Civil engineers play a crucial and diverse role in building modern infrastructure, such as bridges, highways, tunnels, seaports, sewage systems, and runways. They ensure the structures are constructed according to meticulously designed plans that guarantee user safety and efficiency. To become a professional civil engineer, one must undergo extensive and rigorous training. Additionally, you might have to deal with the hassle of applying for and covering your license costs after graduating.
Nevertheless, civil engineers frequently face accusations that could compromise their licenses despite all their accomplishments and hard work.
Geologist
Geologists can conduct soil surveys for potential construction sites, active volcanoes, or seabeds. Your experience and skills are crucial for ensuring public safety, whether you are involved in the initial planning of construction projects or the evaluation of seismographs. Other construction professionals will count on you to organize and analyze data collected from the field and to offer crucial guidance during consultations. Your position as a geologist also puts you at risk of lawsuits and accusations from clients or coworkers.
Mechanical Engineers
As mechanical engineers, you play a crucial role in meeting the daily needs of many individuals. Engineers specialize in creating guidelines for, developing, designing, and building equipment that produces and transmits power. You are involved in creating components and systems catering to various industries, including water, transportation, healthcare, and power.
To pursue a career as an engineer, you must possess strong technical aptitude, effective problem-solving abilities, and proficiency in scientific and numerical concepts. These skills enable you to engage in various fields and collaborate with other engineers and researchers. However, any mistake or allegation in your job can jeopardize your career.
For licensed land surveyors and engineers notified of a complaint against them, it is crucial to take proactive steps to protect their professional careers. Seeking the assistance of a skilled professional license attorney can be a powerful tool in this process.
The Role of the BPELSG
The role of the BPELSG involves protecting the lives, health, safety, welfare, and properties of the general public. The licensing board upholds high standards of integrity and competence while diligently enforcing industry regulations and laws.
The board prioritizes the needs of the public rather than your interests as a licensed professional. It receives, investigates, and addresses allegations and complaints against land surveyors and engineers from various backgrounds under its jurisdiction.
Common Complaints Against Licensed Land Surveyors and Engineers
The Board can initiate administrative proceedings against an individual’s license for various reasons. Every step of the disciplinary process offers an opportunity to defend your license, making it ideal to have a license defense lawyer by your side.
In California, the most typical complaints filed against land surveyors and engineers include the following:
- Violation of legal agreements or deceitful acts.
- Inadequate supervision and failure to conduct thorough inspections to ensure construction projects adhere to the intended design.
- Substance abuse or addiction, particularly while at work.
- Unprofessional behavior.
- Deceptive marketing.
- Not using legally binding agreements.
- Violations in engineering contract forms.
- Insufficient site evaluations.
- Allowing unlicensed workers to perform tasks illegally under your supervision.
- Disregarding the Board’s directives.
- Using another person’s or an expired seal.
- Errors in measurement or descriptions of boundaries.
- Failure to perform duties with the necessary level of care and competence.
- Plans or calculations that do not comply with current codes.
- Being criminally convicted of an offense that is closely tied to your occupation and qualifications.
The California BPELSG and Disciplinary Procedures
The BPELSG can enforce disciplinary measures against engineers, geologists, or land surveyors who breach professional rules. However, licensees have the right to due process and can be defended by an attorney specializing in license defense.
The process typically begins with an accusation or charges submitted to the regulatory body. The board then sends a formal notification to the license holder, informing them of a concern resulting from an audit, assessment, or recent accusation.
This letter effectively communicates the problem and courteously requests a prompt response from the licensee. Responding meaningfully and promptly is essential to demonstrating compliance with the procedure and potentially resolving the matter. Once the license holder replies to the notice, the licensing board will consider various actions based on the case’s details. It is crucial to understand that crafting a response can be challenging.
The response should clearly explain the case and demonstrate a willingness to cooperate to prevent further complications. Seeking guidance from a seasoned license defense attorney can assist you in navigating the intricacies of these procedures and gain a more comprehensive understanding of the grievances or concerns against you.
When a board’s investigator reaches out to you about a formal allegation, handle the situation respectfully and cautiously. Before engaging in any dialogue, inform them you wish to consult with an attorney first.
Cooperating with the licensing board is crucial, as it can help you avoid more severe disciplinary consequences. Exercise caution when speaking to board investigators without an attorney, as this could potentially incriminate you or limit your response options. Do not be misled by any insinuations or suggestions from the Board’s attorney or Investigators that this is a routine procedure. The Board’s attorneys and investigators possess extensive experience, so enlisting a seasoned lawyer who can effectively advocate for you is crucial.
The California Board of Professional Engineers, Land Surveyors, and Geologists can dismiss some of these accusations as being “unfounded” or lacking sufficient evidence to prove a transgression. Others could be disregarded for falling outside the board’s jurisdiction. The board will prioritize investigating complaints based on their submission order and the alleged crime’s severity and urgency concerning public safety.
If the official accusation against you is deemed sufficiently serious, the licensing board may impose a temporary suspension while conducting the investigation. It is crucial to challenge this suspension promptly, as investigations can often last several years or months.
If the board intends to review your case, it will notify you of its ongoing investigation. Board staff typically request case-related records and may ask for a phone or face-to-face interrogation. Your prompt response to the investigation notification will significantly impact the outcome. However, you should avoid providing excessive information when speaking with the investigator.
When you have our attorneys on your side, we will immediately respond to the investigation notification by providing a defense notice. Our lawyers are prepared to construct a strong defense to combat the allegations and protect your license from suspension.
Actions Taken By The Board To Address Disciplinary Matters
The Board of Professional Engineers, Land Surveyors, and Geologists has the authority to issue various forms of disciplinary measures, such as:
- Suspending licenses for engineers or land surveyors.
- Revoking licenses of land surveyors and engineers.
- Issuing citations, fines, or public reprimands for minor offenses.
- Imposing license probations.
- The District Attorney’s office can press criminal charges alongside any administrative sanctions.
- The BPELSG may decline to renew a license or require a second examination for renewal.
Criminal Allegations and Sentencing
Like anyone else, professional engineers, land surveyors, and geologists are prone to making mistakes—sometimes criminal ones. Typical cases include DUI, theft, drug charges, fraud, and physical violence. Professionals could also face charges for crimes they did not commit.
Regardless of the circumstances, licensed land surveyors or engineers can face significant consequences, particularly if the lawsuit results in conviction and imprisonment. If the offense directly relates to their work, their licenses may be revoked or suspended.
When considering disciplinary action for a land surveyor or engineer criminal charges, the Board should evaluate the licensee’s rehabilitation from criminal action. This evaluation primarily depends on the following:
- The offense’s severity.
- Time elapsed from the time the crime was committed.
- Criminal history.
- Evidence of criminal record expungement.
- Their compliance with parole or probation terms.
- Additional rehabilitation evidence.
A conviction may be expunged following California PC 1203.4. It allows individuals to avoid the detrimental consequences of a sentence, such as license revocation or suspension. Nevertheless, the board still retains the conviction record, though they will consider expungement as a positive factor for rehabilitation if you have fulfilled the requirements.
Additional proof of recovery, such as therapy, 12-step participation, letters of recommendation, and remediation classes, can be helpful. You want the licensing board to understand that you fully acknowledge what happened and are determined to make positive changes.
How a License Defense Attorney Can Help
If the Board finds the licensee committed a violation, they will schedule a hearing. The Board’s attorneys will present claims and evidence that show how the violation happened. Most cases are resolved through settlement or dismissal.
When searching for skilled license defense lawyers to represent you, look for attorneys with a proven track record of successfully handling complex and challenging situations and a thorough understanding of relevant laws and protocols.
A skilled team of licensed attorneys can provide top-notch representation in court proceedings that put your license in jeopardy. An attorney will only seek a negotiated settlement that allows you to resume practicing at your convenience. A license defense attorney can also assist with reinstatement petitions for those whose professional licenses have been revoked.
They can provide the necessary support to help you navigate administrative proceedings and overcome legal obstacles to secure your license approval. They will then work to dismiss your case or secure a favorable settlement before it reaches an administrative hearing. Our professional license attorneys are well-prepared to challenge claims, testimonies, and evidence presented against you.
How Does a Criminal Conviction Affect My California Professional License?
According to California Business and Professions Code 480, a California state licensing board can revoke a license if an individual commits an offense related to the “duties, responsibilities, or qualifications of the profession or business for which the application is made.”
For example, suppose an engineer engages in criminal activity that causes harm or injury to a client. In that case, the licensing board has the authority to take disciplinary action due to the connection between the crime and the engineer's professional responsibilities. This is a direct application of the law, but it can extend to events beyond what occurs during work.
Engaging in unlawful activities unrelated to your profession can still affect your professional license. For instance, your licensing board may take disciplinary action against you if you are arrested and charged with DUI, even when off duty.
While the DUI may not have directly affected your professional performance, it remains significant if your area of expertise involves handling drugs, alcohol, or controlled substances. A DUI also becomes relevant if there are concerns about substance abuse within your profession.
Find a Professional License Defense Law Firm Near Me
If your license is at risk, you should seek legal advice to protect your rights. Consulting a skilled license defense lawyer can safeguard your professional standing, business, credibility, and livelihood.
At Oakland License Attorney, we offer strong legal representation for various license-related matters, including applications, accusations, denials, appeals, investigations, and license reinstatements. Our team of highly qualified professionals is committed to vigorously challenging unfounded allegations and unfair outcomes. We have assisted many land surveyors and engineers in protecting and renewing their licenses, and we can assist you in the same way.
If you need help defending your land surveyor’s or engineer’s license, please contact us at 341-234-0408. Our team of attorneys is well-versed in this area and would be happy to help.
