Navigating License Issues with California’s Board for Professional Engineers, Land Surveyors, and Geologists

Dealing with potential discipline from the California Board for Professional Engineers, Land Surveyors, and Geologists can be stressful and confusing. As a licensee, your reputation and livelihood may be on the line. Having an experienced defense lawyer on your side can help ensure your rights are protected.

This article provides an overview of common license issues that arise, defenses that may apply, and how an empathetic defense lawyer can guide you through the process. We’ll also look at relevant laws and precedents, and link out to additional resources.

The Board’s Role and Typical Disciplinary Actions

The Board oversees the licensing and regulation of engineers, land surveyors, and geologists in California. They have the authority to investigate complaints and discipline licensees for violations of the licensing laws. Some common reasons discipline may be imposed include:

• Negligence or incompetence
• Misrepresentation of qualifications
• Violating building codes
• Practicing outside your area of competence
• Failure to properly supervise projects
• Substance abuse issues affecting professional judgement

Discipline can range from citations and fines on the lower end, to license suspension or revocation for more serious violations. The Board may also place licensees on probation with conditions to be met.

Mounting an Effective Defense

If you receive a complaint from the Board, don’t panic. There are viable defenses available in many cases. An experienced lawyer can review the allegations against you and build a defense strategy. Here are some common defenses used:

Lack of jurisdiction

The Board may overstep its authority in some cases. Your lawyer can argue they lack jurisdiction over particular conduct or circumstances of the alleged violation.

No violation occurred

There may be reasonable explanations showing you did not actually violate licensing laws. Thoroughly rebutting the allegations and providing exonerating evidence can defeat the complaint.

Violation was minor/no harm resulted

If a violation did technically occur, you can argue it was very minor or caused no real harm. The discipline proposed may be excessively harsh in light of the conduct.

Due process violations

The Board must follow proper procedures when investigating and prosecuting cases. Procedural flaws in their handling of your case can invalidate the discipline imposed.

Mitigating circumstances

There may be mitigating factors that explain the conduct in question. Circumstances like family emergencies, health conditions, or reliance on faulty information could warrant leniency.

An experienced lawyer will craft the best defense by carefully scrutinizing the details of your case.

The Value of an Empathetic Lawyer

Facing discipline from the Board can be immensely stressful. The prospect of losing your livelihood is frightening. An empathetic defense lawyer will appreciate the emotional toll this takes. They will clearly explain each step of the process so you know what to expect. They will listen compassionately and offer reassurance. Having a lawyer in your corner who cares about you as a whole person makes a big difference.

Key Laws and Precedents

There are a number of laws and legal precedents that govern licensing cases. Some key examples include:

• The California Business and Professions Code – Sets forth the Board’s powers and the rules governing licensed practice.
• Chapman v. Board of Medical Quality Assurance (1991) – Established that discipline must be proportional to the offense committed.
• Ettinger v. Board of Medical Quality Assurance (1982) – Held that discipline can’t be imposed based solely on hearsay evidence.
• Bernstein v. Board of Medical Examiners (1993) – Upheld a licensee’s free speech rights to criticize the Board.

A knowledgeable lawyer will cite key laws and precedents like these to bolster your defense arguments.

The Value of Early Intervention

It’s best to engage a defense lawyer as early as possible once you learn of an investigation or complaint. This allows you to get out ahead of the allegations and start building your defense strategy. Your lawyer can reach out to the Board on your behalf to start negotiating a favorable resolution. The earlier they can do this, the better.

Finding the Right Lawyer for You

When selecting a defense lawyer, you’ll want to look for these important qualities:

• Extensive experience handling Board for Professional Engineers cases
• In-depth knowledge of applicable laws and precedents
• A proven track record of successful outcomes
• Strong negotiation, investigation, and litigation skills
• Compassionate bedside manner and excellent communication skills

Defense lawyers like Nicole Irmer, Rothschild Wishek + Sands, and Samuel Spital are known for these qualities and have strong reputations in this field.

The Outlook Moving Forward

With an experienced defense lawyer guiding you, the outlook for resolving your Board complaint improves greatly. In many cases, attorneys can negotiate reduced penalties, dismissals, or voluntary surrenders of licenses. This allows engineers, surveyors, and geologists to move on with their careers after learning from the experience. Although the process can be difficult, the right legal advocacy makes all the difference.