The Texas Board of Professional Engineers and Land Surveyors (PELS) licenses and enforces the laws and regulations against engineers and land surveyors. They also handle any disciplinary complaints received against these professionals. All engineers must remain aware of their responsibilities and duties under applicable laws and rules to avoid missteps leading to disciplinary licensing complaints.
An experienced engineer license defense attorney at Bertolino LLP can represent your interests in any proceedings you may face before your professional licensing agency. We can review the legal issues involved in your case and work to develop strategies to resolve those issues most effectively and minimize the sanctions against your license.
Grounds for Disciplinary Action
Grounds for disciplinary action under Tex. Occ. Code §1001.452 include:
- A violation of any law or PELS rule adopted under this chapter;
- Fraud or deceit in obtaining a license;
- A documented instance of retaliation by an applicant against an individual who has served as a reference for that applicant;
- Gross negligence, incompetency, or misconduct in the practice of engineering; or
- A failure to provide plans or specifications to the Texas Department of Licensing and Regulation promptly as required by Tex. Gov. Code §469.
PELS Complaints and Investigation
When PELS receives a disciplinary complaint about a licensed engineer, it begins to investigate the allegations in the complaint immediately. The PELS will notify you of the complaint and give you 21 days to respond. Based on that response and the rest of its investigation, the PELS may recommend dismissing the complaint for lack of evidence. In that case, the PELS will give the complainant the right to submit additional information for consideration before making a final decision on the complaint.
Disciplinary Proceedings Before PELS
If the PELS opts to proceed with a formal disciplinary complaint, it is likely to propose an informal resolution of the complaint, which may include sanctions, such as a reprimand, an administrative penalty, a cease or desist order, or more. If you agree with the proposed resolution, you can sign an Agreed Board Order to resolve the complaint. You submit the signed Agreed Board Order to the Board, who then will review and either approve or deny it at their next meeting.
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If you disagree with the proposed resolution, you can request a meeting with the Informal Conference Committee. After the meeting, the Committee can recommend further investigation, dismissal, a sanction contained within an Agreed Board Order, or a hearing before the State Office of Administrative Hearings (SOAH).
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However, if you still disagree with the recommendation of the Committee, you can request an administrative hearing before the SOAH. You will attend the administrative hearing, which an administrative law judge (ALJ) conducts. At the conclusion of the hearing, the ALJ makes recommendations about the disposition of your case, which then go to the PELS for approval.
Sanctions that May Result from Disciplinary Proceedings
Tex. Occ. Code §1001.451 provides that the PELS may issue the following sanctions upon a finding that a ground for disciplinary action exists with respect to a licensee:
- Deny an application for a license;
- Revoke, suspend, or refuse to renew a license;
- Probate the suspension of a license; or
- Formally or informally reprimand a license holder.
If PELS probates a professional engineer’s license suspension, PELS may require them to do the following:
- Report regularly to the Board on matters that are the basis of the probation;
- Limit practice to the areas prescribed by the Board; or
- Continue or review professional education until the person attains a degree of skill satisfactory to the Board in those areas that are the basis of the probation.
Furthermore, PELS can charge a consumer restitution through an informal settlement conference agreement instead of assessing an administrative penalty. However, the amount of restitution charged cannot exceed the amount that the consumer paid the licensee for the services at issue.
Tex. Occ. Code §1001.502 sets the amount of administrative penalties that PELS may assess in a disciplinary case at $5,000 per violation of any provision, rule, or order issued under §1001. PELS takes the following factors into consideration when setting the amount of an administrative penalty:
- 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 economic harm to property or the environment caused by the violation;
- The history of previous violations;
- The amount necessary to deter a future violation;
- Efforts or resistance to efforts to correct the violation; and
- Any other matter that justice may require.
Finally, PELS also can include the costs of investigating and prosecuting the disciplinary action in the amount of the administrative penalty.
Bertolino LLP: The Law Firm Ready to Defend Your Interests
Retaining an experienced engineer license defense lawyer to represent you before the PELS is always in your best interest. We are here to protect our interests throughout every stage of your licensure or disciplinary proceedings. Contact the lawyers of Bertolino LLP today by calling (512) 980-3751 or visiting us online.
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