The Texas Board of Professional Engineers and Land Surveyors (PELS) licenses and enforces the laws and regulations against licensed engineers. 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. The following are Frequently Asked Questions (FAQ) about the engineer license defense process and procedures.
Frequently Asked Questions
- 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 oversees professional engineering and surveying and enforces rules and regulations that govern their practice. PELS receives all complaints concerning professional engineers from any source.
What happens when PELS receives a complaint about a licensee?
When PELS receives a complaint, it first considers jurisdiction. If the complaint falls under PELS authority, it initiates an investigation and recommends a disposition to the Executive Director (ED). The ED can dismiss the complaint or recommend disciplinary proceedings, which are then handled by the Director of Compliance and Enforcement (DC&E). The DC&E notifies the licensee, requests a response, and may propose administrative sanctions in a consent order. The licensee can:
- Sign the consent order (approved/denied by the Board at its next quarterly meeting)
- Request an informal conference with the Informal Conference Committee
- If neither, the case proceeds to the State Office of Administrative Hearings (SOAH) for formal disposition
The Informal Conference Committee may recommend further investigation, dismissal, an Agreed Board Order, or referral to SOAH. Agreed Board Orders are reviewed at the next quarterly Board meeting.
What are some reasons that I could face disciplinary proceedings before PELS?
Grounds for discipline may include violations of rules or laws governing professional engineers. Common categories include:
- Engineering misconduct
- Licensing violations
- Ethics violations
- Improper use of seal
- Administrative issues
Violations range from minor (e.g., non-compliant seal) to serious (e.g., inducement to secure engineering work). Firms or government entities may also commit violations.
Do I get to respond to a complaint that PELS has received against me?
Yes. Licensees receive notice and have an opportunity to respond, usually within three weeks. The notice includes allegations, source (unless anonymous), applicable laws/rules, and a response request. A response can influence PELS’s decision to pursue further disciplinary action, so consulting an experienced defense attorney is recommended.
What sanctions can I receive from PELS as a result of disciplinary proceedings?
Sanctions may include:
- Revocation of license or registration
- Suspension of license or registration
- Probation of suspended license/registration
- Refusal to renew license or registration
- Formal or informal reprimand
- Cease and desist order
- Voluntary compliance agreement
- Emergency license suspension
- Assessment of administrative penalties ($100–$5,000 per violation, each day counted separately)
Do aggravating and mitigating factors affect the sanctions that PELS assesses in a disciplinary case?
Yes. PELS may adjust recommended sanctions based on factors such as:
- Seriousness of the violation and surrounding circumstances
- Potential hazard to public health, safety, or economic welfare
- Previous disciplinary history
- Efforts to correct or deny violations
- Other matters affecting justice and public welfare
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