- What is the Texas Board of Professional Engineers and Land Surveyors (PELS)?
- What happens when PELS receives a complaint about a licensee?
- What are some reasons that I could face disciplinary proceedings before PELS?
- Do I get to respond to a complaint that PELS has received against me?
- What sanctions can I receive from PELS as a result of disciplinary proceedings?
- Do aggravating and mitigating factors affect the sanctions that PELS assesses in a disciplinary case?
What is the Texas Board of Professional Engineers and Land Surveyors (PELS)?
PELS licenses professional engineers and land surveyors. This state agency also oversees professional engineering and surveying and enforces the rules and regulations that govern their practice. As a result, PELS receives all complaints from any source concerning professional engineers.
What happens when PELS receives a complaint about a licensee?
When PELS receives a complaint, it first considers whether it has jurisdiction over it. PELS only handles a complaint if it alleges a violation of a rule or law that applies to professional engineers. If PELS finds that it has jurisdiction over a complaint, it will initiate an investigation into the allegations. Following the investigation, PELS will recommend a disposition of the complaint to the Executive Director (ED) of PELS.
When the ED receives the complaint, investigation results, and the PELS recommendation for disposition, Based on this information, the ED can either dismiss the complaint or recommend the pursuit of disciplinary proceedings. If the ED opts for disciplinary proceedings, the case goes to the Director of Compliance and Enforcement (DC&E) to initiate the formal disciplinary process.
The DC&E notifies the licensee of the complaint and requests a response at the beginning of the formal disciplinary process. Typically, the DC&E will propose one or more administrative sanctions concerning the violation(s) outlined in the complaint. The DC&E will provide findings to support the proposed sanctions and incorporate them into a consent order for the licensee to review and sign.
If the licensee signs the consent order, the PELS Board will approve or deny the consent order at its next quarterly meeting. However, if the licensee refuses to sign the consent order, they must request an informal conference with PELS to discuss the matter. If they neither sign the consent order nor request an informal conference, the case will go to the State Office of Administrative Hearings (SOAH) for a hearing before an administrative law judge (ALJ) and formal disposition.
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If the licensee requests an informal conference, they will meet with the Informal Conference Committee, which includes a PELS Board member, the ED, and an attorney for the agency. Following that conference, the Committee may recommend further investigation, dismissal, a sanction in the form of an Agreed Board Order, or a referral of the case to SOAH for formal disposition. Any Agreed Board Orders will be reviewed and approved or denied at the next quarterly Board meeting.
What are some reasons that I could face disciplinary proceedings before PELS?
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Grounds for discipline by PELS may involve violations of any rules or laws governing professional engineers. Generally, potential violations by individual licensees leading to disciplinary action fall within one of the following categories: Engineering Misconduct, Licensing, Ethics Violations, Improper Use of Seal, and Administrative Issues. Misconduct can range from relatively minor, such as “use of a non-compliant seal,” to very serious, such as “inducement to secure specific engineering work or assignment.” Likewise, firms and government entities may commit actionable violations, such as failing to register an engineering firm or engaging a professional engineer.
Do I get to respond to a complaint that PELS has received against me?
Yes. If PELS initiates formal disciplinary proceedings against you, you will receive notice of the complaint and an opportunity to respond and rebut the allegations in the complaint. The notice will contain information about the allegations against you, the source of the complaint (unless the complaint was made anonymously), the law(s) and/or rule(s) that you were alleged to have violated, and a request for response. You typically have three weeks to submit your response to the complaint to PELS. Since your response can be crucial in PELS determining whether to pursue further disciplinary action against you, enlisting the help of an experienced licensed defense lawyer to help craft your response is wise.
What sanctions can I receive from PELS as a result of disciplinary proceedings?
A licensee can receive various sanctions from PELS through a disciplinary order. Potential sanctions include the following:
- Revocation of a license or registration;
- Suspension of a license or registration;
- Probation of a suspended license or registration (for all or part of the suspension period);
- Refusal to renew a license or registration;
- Issuance of a formal or informal reprimand;
- Issuance of a cease and desist order;
- Execution of a voluntary compliance agreement;
- Emergency license suspension; or
- Assessment of an administrative penalty.
Licensees may also receive any of the above sanctions in addition to assessing an administrative penalty. Assessment of administrative penalties may range from $100 to $5,000 per violation. A separate violation exists for each day that a violation occurs or continues.
Do aggravating and mitigating factors affect the sanctions that PELS assesses in a disciplinary case?
PELS publishes a table of recommended sanctions for certain violations. However, PELS may adjust the recommended sanctions upwards or downwards based on various mitigating and aggravating factors, such as:
- The seriousness of the violation and the circumstances surrounding it;
- The hazard or potential hazard of the violation to the health, safety, or economic welfare of the public;
- A previous disciplinary history;
- Efforts to correct or deny the violations; and
- Any other matters affecting justice and public welfare.
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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