An engineer or land surveyor license does not protect you from disciplinary action by the Board of Professional Engineers, Geologists, and Land Surveyors. If you are alleged to be incompetent, negligent, or unprofessional and the board’s investigation determines that the allegations are true, you could lose your license and professional reputation. However, you can fight stern action by the board to preserve your reputation and career with the help of an experienced license defense lawyer.
We offer excellent legal advice and representation at San Luis Obispo License Attorney. With our help, you can influence the board’s decision if you face formal allegations against your license in San Luis Obispo.
Reasons to Defend Your Engineering or Land Surveyor License
If you face allegations as a professional license holder, it could affect your career in different ways, depending on how serious the allegation is. It helps to talk to a skilled license lawyer early in the process to understand what is at stake and how you can defend yourself. An engineering or land surveyor’s license is not easy to obtain. It takes years of training and dedication to acquire the skills required to qualify for licensing. It also costs a substantial amount, which you could lose if the board revokes your license.
Here are the main reasons you should fight for your professional license:
To Remain Compliant With Your Licensing Board
A professional license gives you the privilege to offer legal and competent services throughout California. Your licensing agency expects that you maintain professionalism and competency in your service delivery to keep your license. Failing to do so can result in license revocation, as it indicates noncompliance with the board’s regulations. On the other hand, taking action immediately after learning about an allegation against your license ensures you remain compliant, which is critical in maintaining your professional license. It shows that your career still matters to you and that you are willing to make amends to keep it.
To Protect Your Career and Earning Power
A career in engineering or land survey pays very well in California, especially if you have high skills and experience. It can meet your needs and those of your dependents, allowing you to enjoy a comfortable life for a very long time. This is not something you want to lose because of a single mistake or misunderstanding.
Fighting an allegation against you is one sure step to protect your career and earning power. If you do it well, and the board allows you to keep your license, you are sure to enjoy a fulfilling life as long as you maintain professionalism and competence in your service delivery.
To Defend Your Professional Reputation
It takes time to build a solid reputation as an engineer or land surveyor. Even after serving clients for years, some engineers remain unpopular. It takes exceptional work for one or a few clients to notice your skills and leave a good review or make several referrals so others can learn about you. With a good reputation, it becomes easy to attract new clients.
Sadly, you can lose your reputation in an instant, even after being reputable for years. You can lose your clients and find it difficult to attract new ones, even after resolving the underlying matter with the board. If the allegation against you becomes a public matter, you could lose so much in your career. Fighting the allegation early, before the board files a formal complaint against you, is advisable to safeguard your reputation.
To Protect Your Title
Professional engineers and land surveyors get to use their titles when introducing themselves. This makes it easy for other people to know what they do. It is also an excellent marketing strategy, especially for reputable professionals. However, you could lose that privilege if there is a serious allegation against you. You may not be able to introduce yourself as an engineer until your name is cleared. You also lose the title if the board suspends or revokes your license.
What to Do When Facing a Professional Allegation Against Your Engineering or Land Surveyor License
Most allegations against professional license holders happen when they are least expected. In that case, it is possible, out of confusion, to make a regrettable mistake, especially when acting alone without the guidance of a license lawyer. Understanding the administrative process the board follows when a licensed engineer or land surveyor faces unprofessional allegations is critical. This will inform your decision-making and help you take the right action to defend your career.
Here are some of the actions you can take to handle the allegation:
Act Immediately
You could be tempted to ignore the allegation, hoping that it will go away on its own. However, this is a grave mistake since most allegations do not just go away. If the board has notified you of a pending investigation, it means that it takes the allegation seriously and could take disciplinary action against you. In that case, you should also take action to defend yourself.
You can start by engaging a license lawyer to help you determine the seriousness of the allegation, possible outcome, and your defense options. Together with your attorney, you can start gathering evidence and preparing your defense.
Respond to the Board’s Notice
When the board receives a complaint about a licensed engineer or land surveyor, it first determines whether to pursue it. If the complaint seems legitimate, the board can investigate it further before taking action. If the board pursues an allegation against you, it will notify you of the investigation and a pending administrative hearing. You are expected to respond to that notice within 15 days.
In the meantime, gather relevant documents and any information that could help your case. You can do this with your attorney’s help. Ensure you have all plans, reports, contracts, emails, invoices, and calculations that pertain to the matter. Make copies of all critical documents to ensure you have backups in case the board keeps the originals.
Try Settling the Matter
Before the board’s investigation is over, you can negotiate for a settlement. This can work before the board files a formal complaint against you. However, you must provide convincing evidence why settling the matter is in the best interests of the parties involved.
For example, if the complaint is from a client who is in a hurry to settle the matter, the board may agree to it, provided the client’s best interests are taken into account.
An out-of-court settlement saves time and protects you from harsh disciplinary action by the board. It could also protect your reputation, especially if the settlement happens early in the administrative process before the public learns about it.
Prepare Your Defense
If a settlement does not work, the matter could go to a hearing, whereby you are expected to appear before an administrative judge. In this case, you must prepare your defense well to influence the hearing’s outcome. With the help of your attorney, gather compelling evidence to counter the allegations against you. You could also prepare mitigating factors that could influence the board’s decision.
Administrative hearings are generally presided over by administrative judges. These are not fully trained judges like those in criminal courts. However, they have great authority and have the final say in how your case will play out. You must carefully present your defense to convince the judge of your innocence, good intentions, or willingness to do better in the future. This can protect your license.
Possible Allegations You Can Face as a Licensed Engineer or Land Surveyor
Remember that the board does not investigate all allegations it receives from the public about licensed engineers and land surveyors. If an allegation is trivial or unsubstantiated, the board will dismiss it before taking any action. However, if an allegation is substantiated and serious, the board can investigate it to gather more evidence before disciplining the alleged offender. Here are some of the allegations the board takes seriously, and possible outcomes:
Professional Incompetence and Negligence
A licensed engineer or land surveyor is expected to serve professionally at all times. This includes treating clients with respect, following all professional guidelines, and adhering to the code of conduct. A licensed professional is also expected to have the right skills for their job, keep up with the changing times, and adhere to the limitations of their profession in service delivery.
You could be accused of professional incompetence or negligence under the following circumstances:
- If you seriously fail to meet the standard of your profession and make mistakes in calculations, designs, and planning, which puts the public safety at risk
- If you fail to sufficiently or adequately inspect projects, project sites, or verify whether a construction conforms to your design plans
- If you make calculations or develop plans that contradict the applicable building codes
- If you offer or charge for work that is outside your area of competence
Gross incompetence or negligence can result in the suspension or revocation of your license. You need an experienced license attorney’s help to fight the allegation and convince the board to be lenient in its discipline.
Professional Misconduct or Ethical Violations
These are very common violations, and can happen in the following situations:
- When you use your sign on project designs or plans that are not yours, to receive undeserved credit, or for unfair financial gain
- When you allow an unqualified person to use your professional stamp or seal fraudulently
- When you neglect to supervise projects or the work of an unregistered assistant
- If you engage in projects that have a conflict of interest
- If you engage in unethical conduct, like bribery or failing to remain faithful to your client or employer
- If you misrepresent yourself for a fraudulent gain
- When you use false advertising practices to gain clients unlawfully
The board will take a minor or severe action against you, depending on the severity of the allegation. If your actions put the public at risk of harm, you could lose your license to suspension or revocation. A minor allegation can result in a public citation or reprimand. All these actions can significantly affect your career and reputation.
Regulatory and Contractual Violations
These happen when you make mistakes when issuing or executing signed contracts. You can face allegations under this category in any of the following situations:
- When you breach a valid contract by failing to complete a client’s project or by violating the terms of a valid contract.
- When you fail to use a written contract, which is a serious requirement for licensed engineers and land surveyors
- When you fail to maintain continuing education or fail to prove that you are continuing your training, which is a requirement for licensed engineers and land surveyors
The board can suspend or revoke your license for a violation like this because it poses a risk to the public’s financial interests. However, your attorney can provide mitigating factors to influence the court’s decision. For example, if you are accused of incompetence or failure to continue education, providing evidence that you have registered for additional training can help your situation.
Criminal Charges
Licensed professionals in California are expected to abide by the law, especially laws that substantially affect their professionalism. Any criminal allegation that results in an arrest, charges, or conviction can affect your license and livelihood. Some of the serious criminal issues that could affect your career include the following:
- An accusation of substance use or abuse, especially if it happens at work
- Serious criminal charges like forgery, fraud, or violent crimes that substantially affect your professionalism
- Probation violation, especially if you fail to adhere to the terms set by the board in a previous disciplinary action
The board’s action can be lenient or serious, depending on the severity of the criminal accusation. Your skilled attorney can plan a solid defense to counter the allegation or to convince the board to take lenient action.
Find an Experienced Professional License Defense Attorney Near Me
If you face an allegation today in San Luis Obispo as a licensed engineer or land surveyor, your license and career are at risk. The board can suspend, revoke your license, or take disciplinary action that can ruin your reputation. However, you could influence its decision with the help of our experienced attorneys at San Luis License Attorney. We know how important your license is, and we will use every means at our disposal to protect it. Call us at (805) 764-9771 to discuss this further.
