The Texas Board of Professional Engineers and Land Surveyors (TBPELS) licenses and regulates professional land surveyors in Texas. This entity ensures that land surveyors and engineers follow the rules and laws that govern them. Any violations of those rules or laws can lead to disciplinary proceedings before the TBPELS.
As a licensed land surveyor in the state of Texas, you must keep up to date with any changes in the rules and laws that govern your profession.
Running afoul of those laws and rules can result in disciplinary proceedings before the TMB and sanctions that can be highly damaging to your reputation and career.
A Texas land surveyor license defense lawyer can help if you are facing disciplinary proceedings. Contact the offices of Bertolino LLP at (512) 980-3751 or visit us online today to schedule an appointment.
Review of Complaints to TBPELS
If Texas Board of Professional Engineers and Land Surveyors (TBPELS) receives a complaint about a licensed or registered land surveyor, it assigns the complaint to various individuals for a series of reviews.
First, a an investigator reviews the complaint for completeness and to ensure that it falls within TBPELS’ jurisdiction. In other words, the Investigator reviews the complaint for allegations of rules or laws governing land surveyors that TBPELS can enforce. At this stage, the Investigator can gather additional information if needed to make these determinations.
Next, the investigator issues a summary and recommended disposition of the complaint. Investigative recommendations can range from dismissal to formal disciplinary action resulting in sanctions.
Finally, other staff members review the recommendation, including a staff attorney, the Director of Compliance & Enforcement, the Deputy Executive Director, and the Executive Director (ED). Ultimately the ED recommends the next steps for disposition of the complaint.
Disposition of Complaints
Unless the ED recommends dismissing the complaint, it is referred for further disciplinary action. The licensee receives notice of the complaint and TBPELS requests their response to the complaint, usually within three weeks. Based on this response, the investigator identifies any violations and recommends any sanctions, if warranted.
If the ED chooses to pursue disciplinary action, the licensee likely has the chance to sign a Consent Order. If the licensee disagrees or refuses to sign a Consent Order, they can request an Informal Conference Committee.
Alternatively, the case may go directly to the State Office of Administrative Hearings (SOAH) for a contested administrative hearing.
An Informal Conference Committee which consists of a TBPELS member, the ED, and a staff attorney or attorney general office representative, can recommend any of the following dispositions:
- Further investigation
- Dismissal of the complaint
- Sanction if the form of an Agreed Board Order
- Referral of the case to SOAH
Potential Sanctions in Disciplinary Proceedings Before TBPELS
22 Tex. Admin. Code §139.31 gives TBPELS the authority to impose a range of sanctions against professional land surveyors who violate the rules or laws that govern their profession. Potential sanctions can include the following:
- Revocation of a license or registration
- Suspension of a license or registration
- Probation of a suspended license or registration
- Refusal to renew a license or registration
- Issuance of a formal or informal reprimand
- Cease and desist order
- Voluntary compliance agreement
- Emergency suspension
- Assessment of an administrative penalty ranging from $100 to $5,000 per violation
22 Tex. Admin. Code §139.37 lists various factors that TBPELS must in determining the appropriate sanction for a violation, including the amount of an administrative penalty. These factors are:
- The seriousness of the violation, including the nature, circumstances, extent, and gravity of the prohibited act and the hazard or potential hazard created to the health, safety, or economic welfare of the public;
- The history of prior violations of the respondent;
- The severity of penalty necessary to deter future violations;
- Efforts or resistance to efforts to correct the violations;
- The economic harm to property or the environment caused by the violation; and
- Any other matters impacting justice and public welfare, including any economic benefit gained through the violations
139.37 also includes tables of suggested sanctions for land surveyors that apply in certain situations. However, TBPELS, administrative law judges (ALJs), or participants in an informal settlement conference may arrive at an appropriate sanction lower or higher than the tables recommend.
139.37(b) contains a table of suggested sanctions that TBPELS may impose against licensees. This section also notes that any reference to a license suspension could indicate a full suspension period, or a wholly probated suspension.
The proposed sanctions address violations involving surveying misconduct, licensing and registration, ethics, improper seal usage, and administrative matters. Predictably, the more severe the violation, the more severe the recommended sanction.
139.37(c) lists suggested sanctions that may be imposed against a person or business entityfor specific violations of the applicable laws or rules. Some violations and related sanctions relate to the inappropriate use of “registered professional land surveyor” and “licensed state land surveyor” as a title or description of services. The other violations and sanctions concern unlicensed or unregistered land surveying activity, and unauthorized or fraudulent use of land surveyor seals.
139.37(d) contains a table of suggested sanctions that may be imposed against a person or business entity for specific violations of the Act or board rules involving firm registration. The listed sanctions are for the following violations:
- Offer and perform professional land surveying services without being registered;
- Offer and perform professional land surveying services while registration was expired;
- Offer only (no professional land surveying services were performed) without being registered or while registration was expired;
- Failure to include firm name and registration number on surveying work; and
- Failure to notify board of firm registration record modification
Sanctions for these violations range from voluntary compliance and payment of a $500 fine to cease and desist orders and payment of a $1,000 fine.
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We are Here to Represent Your Interests Before the TBPELS
If you are facing a disciplinary complaint against your land surveyor license, we know how much is at stake. We invite you to meet with us to discuss your case and learn how we can help.
You’ll meet with one of our experienced land surveyor license defense lawyers to discuss the details of the allegations filed against you. If you have received a licensing complaint, BERTOLINO LLP can help.
Contact us today or call (512) 980-3751 and schedule a case evaluation.
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