Current through Register 2024 Notice Reg. No. 12, March 22, 2024
For violations of Business and Professions Code sections
6775
and/or 8780 which result in an order issued in accordance with Chapters 4.5 and
5 of Part 1 of Division 3 of Title 2 of the Government Code against a
professional engineering and/or a professional land surveying license, the
following provisions shall apply to disciplinary orders contained in decisions
of the Board:
(a) The minimum
disciplinary order shall be reproval. The maximum disciplinary order shall be
revocation of the license.
(b) If
warranted by extenuating and/or mitigating factors in the matter, the
disciplinary order may be stayed by an express condition that the respondent
comply with probationary conditions. The minimum time period in which the
respondent shall have to comply with the conditions shall be two years. For
purposes of this section, this time period shall be known as the "period of
probation."
(c) All decisions
containing stayed disciplinary orders as described in subdivision (b) shall
include the following probationary conditions:
(1) The respondent shall obey all laws and
regulations related to the practices of professional engineering and
professional land surveying.
(2)
The respondent shall submit such special reports as the Board may
require.
(3) The period of
probation shall be tolled during the time the respondent is practicing
exclusively outside the state of California. If, during the period of
probation, the respondent practices exclusively outside the state of
California, the respondent shall immediately notify the Board in
writing.
(4) If the respondent
violates the probationary conditions in any respect, the Board, after giving
the respondent notice and the opportunity to be heard, may vacate the stay and
reinstate the disciplinary order which was stayed. If, during the period of
probation, an accusation or petition to vacate stay is filed against the
respondent, or if the matter has been submitted to the Office of the Attorney
General for the filing of such, the Board shall have continuing jurisdiction
until all matters are final, and the period of probation shall be extended
until all matters are final.
(5)
Upon successful completion of all of the probationary conditions and the
expiration of the period of probation, the respondent's license shall be
unconditionally restored.
(d) All decisions containing stayed
disciplinary orders as described in subdivision (b) may include one or more of
the following probationary conditions:
(1) The
respondent's license shall be suspended for a period not to exceed two years.
If a suspension of the license is ordered, it shall begin on the effective date
of the decision.
(2) Within 60 days
of the effective date of the decision, the respondent shall successfully
complete and pass the California Laws and Board Rules examination, as
administered by the Board.
(3) The
respondent shall successfully complete and pass a course in professional
ethics, approved in advance by the Board or its designee. The probationary
condition shall include a time period in which this course shall be
successfully completed which time period shall be at least 60 days less than
the time period ordered for the period of probation.
(4) Within 30 days of the effective date of
the decision, the respondent shall provide the Board with evidence that he or
she has provided all persons or entities with whom he or she has a contractual
or employment relationship such that the relationship is in the area of
practice of professional engineering and/or professional land surveying in
which the violation occurred with a copy of the decision and order of the Board
and shall provide the Board with the name and business address of each person
or entity required to be so notified. During the period of probation, the
respondent may be required to provide the same notification of each new person
or entity with whom he or she has a contractual or employment relationship such
that the relationship is in the area of practice of professional engineering
and/or land surveying in which the violation occurred and shall report to the
Board the name and address of each person or entity so notified.
(5) The respondent shall provide verifiable
proof to the Board that restitution has been paid as ordered. The probationary
condition shall include a time period in which the verifiable proof shall be
provided to the Board which time period shall be at least 60 days less than the
time period ordered for the period of probation.
(e) In addition to the conditions as may be
ordered pursuant to subdivisions (c) and/or (d), the following conditions shall
be included for the following specific violations:
(1) Incompetency in the practice of
professional engineering and/or professional land surveying:
(A) The respondent shall successfully
complete and pass, with a grade of "C" or better, a minimum of one and a
maximum of three college-level courses, approved in advance by the Board or its
designee. Such courses shall be specifically related to the area of violation.
For purposes of this subdivision, "college-level course" shall mean a course
offered by a community college or a four-year university of three semester
units or the equivalent; "college-level course" does not include seminars. The
probationary condition shall include a time period in which the course(s) shall
be successfully completed which time period shall be at least 60 days less than
the time period ordered for the period of probation.
(B) The respondent shall take and achieve the
passing score as set by the Board for the second division examination
(including the seismic principles and engineering surveying examinations for
civil engineers), provided that in the event the respondent holds multiple
licenses, the Board shall select the examination in the area of practice of
professional engineering and/or professional land surveying in which the
violation occurred and in the area of professional engineering and/or
professional land surveying in which the respondent is licensed. The Board or
its designee may select the specific examination questions such that the
questions relate to the specific area of violation and comprise an examination
of the same duration as that required of an applicant for licensure. The
respondent shall be required to pay the application fee as described in Section
407 and shall be afforded all
examination appeal rights as described in Sections
407,
443, and
444. The probationary condition
shall include a time period in which the examination(s) shall be successfully
completed which time period shall be at least 60 days less than the time period
ordered for the period of probation.
(C) During the period of probation, the
respondent may practice professional engineering and/or professional land
surveying only under the review of a professional engineer and/or professional
land surveyor licensed in the same branch as the respondent. This person or
persons shall be approved in advance by the Board or its designee. Such
reviewing professional engineer and/or professional land surveyor shall initial
every stamped or sealed document in close proximity to the respondent's stamp
or seal.
(2) Negligence
in the practice of professional engineering and/or professional land surveying:
(A) The respondent shall successfully
complete and pass, with a grade of "C" or better, a minimum of one and a
maximum of three college-level courses, approved in advance by the Board or its
designee. Such courses shall be specifically related to the area of violation.
For purposes of this subdivision, "college-level course" shall mean a course
offered by a community college or a four-year university of three semester
units or the equivalent; "college-level course" does not include seminars. The
probationary condition shall include a time period in which the course(s) shall
be successfully completed which time period shall be at least 60 days less than
the time period ordered for the period of probation.
(3) Violation and/or breach of contract in
the practice of professional engineering and/or professional land surveying:
(A) The respondent shall successfully
complete and pass, with a grade of "C" or better, a minimum of one and a
maximum of three college-level courses, approved in advance by the Board or its
designee. Such courses shall be specifically related to the area of violation.
For purposes of this subdivision, "college-level course" shall mean a course
offered by a community college or a four-year university of three semester
units or the equivalent; "college-level course" does not include seminars. The
probationary condition shall include a time period in which the course(s) shall
be successfully completed which time period shall be at least 60 days less than
the time period ordered for the period of probation.
(4) Failure to file a record of survey and/or
corner record in the practice of professional land surveying:
(A) For any records of survey and/or corner
records found not to have been filed and recorded, the respondent shall file or
record, as appropriate, the required record(s) with the appropriate
governmental agency within 90 days of the effective date of the decision. The
respondent shall provide the Board with verifiable proof that the required
record(s) have been filed or recorded, as appropriate, by the governmental
agency within 30 days of such filing or recordation. If an actual suspension of
the respondent's license is ordered as a probationary condition, the record(s)
required by this subdivision shall be the only professional land surveying work
the respondent is allowed to perform during the
suspension.
(f)
If the respondent is a civil engineer who is legally authorized to practice
professional land surveying and the violation involves negligence and/or
incompetency in the practice of professional land surveying and if warranted by
aggravating factors in the matter, the disciplinary order shall include the
following condition:
(1) The existing civil
engineer license shall be revoked; a new civil engineer license shall be issued
which does not authorize the respondent to practice professional land
surveying. Before being permitted to practice professional land surveying, the
respondent shall complete and comply with all of the legal requirements for
licensure as a professional land surveyor, including, but not limited to,
supplying the appropriate application documents and fees and taking and passing
the entire second-division examination in professional land surveying.
In addition to the disciplinary orders described in this
section, all decisions shall address recovery of the Board's investigation and
enforcement costs, as described in and authorized by Business and Professions
Code section
125.3.
Notwithstanding this section, non-conforming terms and
conditions may be included as part of the disciplinary order, including such
other further or lesser action as the Board deems appropriate, in the interest
of protecting the public health, safety, and welfare.
As used in this section, "license" includes certificate of
registration or license as a professional engineer, licensure as a professional
land surveyor, and certificates of authority to use the titles "structural
engineer," "geotechnical engineer," "soil engineer," "soils engineer," or
"consulting engineer."
1. New section
filed 1-28-76; effective thirtieth day thereafter (Register 76, No.
5).
2. Repealer filed 5-11-78; effective thirtieth day thereafter
(Register 78, No. 19).
3. New section filed 10-18-79; effective
thirtieth day thereafter (Register 79, No. 42).
4. Amendment of
section heading, section and NOTE filed 7-3-97; operative 7-3-97 pursuant to
Government Code section
11343.4(d)
(Register 97, No. 27).
5. Change without regulatory effect amending
section and NOTE filed 4-19-99 pursuant to section
100, title 1, California Code of
Regulations (Register 99, No. 17).
6. Amendment of subsection
(e)(1)(C) and amendment of NOTE filed 6-16-2014; operative 10-1-2014 (Register
2014, No. 25).
Note: Authority cited: Sections
6716
and
8710,
Business and Professions Code; and Section
11400.20,
Government Code. Reference: Sections
125.3,
494,
6775,
6776,
8780
and
8781,
Business and Professions Code; and Sections
11400.20,
11415.60,
11425.50
and
11519,
Government Code.