What Happens When A Complaint Is Filed?
When a complaint is filed against a licensed engineer or land surveyor, a letter of acknowledgement is sent to the consumer. A Board investigator will examine the alleged violations and decide if there are issues that require a job-site visit.
The licensee is sent a copy of the complaint and must respond within 30 days. If a job-site visit is necessary, the investigator will advise the licensee and the consumer within 10 days of the scheduled date and time.
The investigator will research and evaluate all information gathered from a job-site visit, building codes, plans and specifications, industry standards, engineering and land surveying laws, and other information furnished by the consumer and the licensee. The investigator will make a decision based upon this investigation as to the validity of each allegation made.
If the investigator concludes that the allegations have no merit, the consumer and the licensee will be notified in writing. Many complaints are resolved without disciplinary action. If disciplinary action is recommended, formal disciplinary proceedings will be initiated.
An advisory committee composed of professional engineers, land surveyors, or others, may be created to provide assistance to the Board in evaluating a complaint. When an advisory committee is created, the respondent and the consumer will receive approximately 30 days advance written notice of the time and place of the advisory committee meeting. The consumer will be requested to appear at the meeting to testify to the facts of the case as they relate to the complaint against the respondent.
If the licensee is found to be in non-compliance, a licensee may be offered the opportunity to settle the complaint by stipulated agreement. In general, the document will include a statement of the non-compliance, a description of the terms of the settlement, and the consequences if the licensee fails to comply. Stipulated agreements are final only after Board approval.
Notice of Hearing
The Notice of Hearing and Complaint are the formal documents that initiate the formal hearing process. The notice tells the respondent the specific laws the licensee is alleged to have violated and describes the conduct the respondent allegedly engaged in that violates those laws. The notice is sent certified mail to the respondent’s latest address of record on file with the Board. The respondent is advised in the Notice of Hearing and Complaint that failure to appear for the hearing constitutes an admission of the allegations in the complaint and that the respondent’s license may be suspended or revoked without a hearing. The Notice of Hearing and Complaint advise the respondent that if he/she is found in violation, that his/her prior record with the Board will be considered in determining an appropriate action.
Decision and Order
At the conclusion of the hearing, the Board will make a decision regarding the alleged violations and any disciplinary action against the respondent if violations are found. Within 30 days of the hearing, a written Decision and Order will be issued to the respondent. A copy of the Decision and Order will also be mailed to the complainant. The respondent has 30 days following receipt of the Decision and Order to seek judicial review. The consumer may not appeal the Decisions and Order. Independent of the Board action, the consumer may have other legal recourse.
To file a complaint, complete the complaint form and submit by mail or email along with any supporting documentation.