Disciplinary actions against your professional engineer or land surveyor license can be devastating. After all, you have spent countless hours studying to earn the credentials necessary for your license, only to suffer what may be a major setback to your career. With legal assistance, you may also be able to negotiate the best possible resolution of the matter and safeguard your career.
The Texas Board of Professional Engineers and Land Surveyors (PELS) has jurisdiction to take disciplinary actions against professional engineers (PE) and registered professional land surveyors (RPLS) who violate the laws and rules that govern them. Accordingly, these professionals can face various sanctions during disciplinary proceedings depending on the severity of their violations and other relevant factors. What follows are some recent examples of the types of disciplinary proceedings and sanctions these professionals have experienced in recent months from PELS.
- Case Number D-41262 – PELS imposed a formal reprimand on a PE disciplined in another jurisdiction after failing to apply the appropriate technical knowledge and skills in engineering practice. The matter that was the subject of the disciplinary action in the other jurisdiction would be a violation of the Texas Engineering Practice Act or Board rules if it occurred in Texas. The PE’s actions, when measured by reasonably accepted engineering standards or procedures, are reasonably likely to endanger the public’s lives, health, safety, property, or welfare. The PE also failed to properly and promptly notify PELS that the regulatory agency of another jurisdiction had disciplined him.
- Case Number D-40796 – PELS imposed a reprimand, an administrative penalty of $2,300, and a restitution order of $2,300 after an RPLS evaded his statutory responsibility and/or responsibility to a client, employee, and the public. The RPLS issued a misleading survey document that followed the fence line instead of the recorded deeds. He failed to follow the documented records of the land title affecting the surveyed boundaries and failed to set, or leave as found, an adequate quantity of monuments of a stable and reasonably permanent nature to represent or reference the property or boundary corners.
- Case Number D-40948 – PELS issued a reprimand and an administrative penalty of $2,800 against an RPLS who issued an incorrect survey and, in doing so, performed acts, allowed omissions, or made any assertions or representations which may have been fraudulent, deceitful, or misleading, or which tended to create a misleading impression. The RPLS also failed to follow the documented records of the land title affecting the boundaries being surveyed by failing to rely on the appropriate deeds or other documents by placing a property line incorrectly.
- Case Numbers D–38482 and D-38494 – In both cases, an RPLS signed and sealed professional surveying work prepared by an unregistered individual that was not prepared under his direct supervision. In doing so, the RPLS made representations that created a misleading impression that an RPLS prepared the surveying document and aided and abetted an unlicensed individual and unregistered firm with the unauthorized practice of professional surveying. As a result, PELS revoked the RPLS registration and assessed a $10,500 administrative penalty and a $200 fee for administrative hearing costs.
- Case Number B-41115 – After an individual performed engineering services without being licensed and used an engineering seal or the representation of an engineering seal without the express permission of the currently active license holder, PELS issued a cease and desist order and an administrative penalty of $3,000.
- Case Number B-40821 – PELS issued a cease and desist order to an individual who offered professional surveying services without the entity being a registered surveying firm with the Board and without having a registered professional land surveyor employed full-time at their office.
- Case Number D-40608 – PELS issued a reprimand against an RPLS who produced a misleading document or a document that tended to create a misleading impression by performing fraudulent, deceitful, or misleading acts.
- Case Number D-38007 – A PE issued deceitful oral or written assertions in the practice of engineering. He also failed to practice engineering carefully and diligently, which caused PELS to place him on a two-year probated suspension contingent upon completing the TTU Engineering Ethics Basic Course and remitting an administrative penalty of $6,500.
- Case Number D-40480 – PELS issued a formal reprimand and assessed an administrative penalty of $2,154 after a PE performed an engineering function that, when measured by generally accepted engineering standards or procedures, was reasonably likely to endanger lives, health, safety, property, or welfare of the public. The PE also failed to practice engineering carefully and diligently.
Retain Legal Representation Today to Help Defend Your Occupational License
After you have worked hard to finish your licensing process and develop your career, receiving a complaint about your services can be unexpected and disappointing. Having an experienced land surveyor license defense attorney on your team can be essential to a positive outcome in your case. You can reach the offices of Bertolino LLP by calling (512) 515-9518 today or filling out our contact form online.
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