California Land Surveyor License Defense Attorney

California Board of Professional Engineers, Land Surveyors and Geologists License Defense Lawyer

The California Board of Professional Engineers, Land Surveyors and Geologists, known as the BPELSG, licenses approximately 5,000 Land Surveyors in the State of California. Most California Land Surveyors have minimal or no contact with the enforcement arm of the California Board of Professional Engineers, Land Surveyors and Geologists. For Land Surveyors who become part of the California Board of Professional Engineers, Land Surveyors and Geologists’ disciplinary process, the consequences are profound. The Land Surveyor License disciplinary process is complex, procedural and time consuming. Land Surveyors facing the California Board of Professional Engineers, Land Surveyors and Geologists disciplinary process should seek legal representation from an experienced California Land Surveyor License Defense Attorney.

California Board of Professional Engineers, Land Surveyors and Geologists Investigation Defense Lawyer

The majority of California Board of Professional Engineers, Land Surveyors and Geologists investigations begin with the filing of a consumer Complaint. However, California Board of Professional Engineers, Land Surveyors and Geologists Investigations also occur through sting operations, criminal conviction referrals and criminal investigations. The California Board of Professional Engineers, Land Surveyors and Geologists utilizes non sworn civilian investigators to conduct non criminal investigations. The California Department of Consumer Affairs employs sworn Peace Officer Investigators to conduct criminal investigations against Land Surveyors. These employees investigate criminal and administrative law violations. Administrative Law Due Process Rights differ substantially from the Due Process Rights accorded in criminal law.

It is important to have an attorney that understands the California Board of Professional Engineers, Land Surveyors and Geologists disciplinary process. At the conclusion of a California Board of Professional Engineers, Land Surveyors and Geologists investigation, the Board has several options. The Board can choose to close the Complaint. The Board can choose to issue a Citation. The Board can also choose to refer the matter to the California Attorney General’s Office. The Attorney General’s Office will determine whether cause exists to file a formal disciplinary Accusation. In cases involving criminal conduct, the Board may refer the case to the District Attorney’s Office for criminal prosecution.

If you are a Land Surveyor facing a California Board of Professional Engineers, Land Surveyors and Geologists investigation, contact a California Land Surveyor License Defense Attorney for representation.

California Land Surveyor License Accusation Defense Attorney

A formal Accusation served on a California Land Surveyor serves as notice to a Land Surveyor that the Board intends to revoke the Land Surveyor License. The Land Surveyor, now called the Respondent, has only 15 days from the date that the Accusation was served (not received, but served) to file a Notice of Defense. The failure to file a Notice of Defense results in a Default against the Land Surveyor. A Default will result in the immediate Revocation of the Land Surveyor License.

An Accusation is a serious matter that can result in the suspension or revocation of a Land Surveyor License in California. In many cases, it is possible for Land Surveyors to reach a Stipulated Agreement with the Attorney General’s Office and California Board of Professional Engineers, Land Surveyors and Geologists. A Stipulated Agreement is a formal term for a settlement agreement. If a Stipulated Agreement cannot be reached, the parties will proceed to a formal Hearing before the California Office of Administrative Hearings (OAH).

Land Surveyors facing a California Board of Professional Engineers, Land Surveyors and Geologists Accusation should contact an experienced California Land Surveyor License Defense Attorney for representation. Common causes of action for disciplinary Accusations against Land Surveyors include:

California Land Surveyor License Hearing Attorney

The California Office of Administrative Hearings, also known as OAH, maintains several Court Hearing locations. These Court locations are in Los Angeles, Oakland, Sacramento and San Diego. In some instances, Hearings may be held offsite in Bakersfield, Fresno, Orange County, Riverside, San Bernardino, San Francisco, San Jose or Ventura. The Administrative Law Hearing is a formal Hearing before an Administrative Law Judge.

The Administrative Law Judge, or ALJ, will issue a written Proposed Decision approximately 30 days after the Hearing. The California Board of Professional Engineers, Land Surveyors and Geologists can adopt, modify or reject the ALJ’s Proposed Decision. The California Board of Professional Engineers, Land Surveyors and Geologists’ action is called the Final Decision and Order. There are two main rights of Appeal of a Final Decision and Order. California Government Code § 11521 allows a Land Surveyor to file a Petition for Reconsideration prior to the effective date of the Final Decision and Order. Pursuant to California Code of Civil Procedure § 1094.5, the Land Surveyor can also file a Petition for Writ of Mandamus in Superior Court. A Writ must be filed within 30 days of the effective date of the Final Decision and Order.

California Land Surveyors facing a California Board of Professional Engineers, Land Surveyors and Geologists Administrative Law Hearing need effective representation from a California Land Surveyor License Defense Lawyer.

California Land Surveyor License and Criminal Convictions

The California Board of Professional Engineers, Land Surveyors and Geologists can discipline Land Surveyors for criminal convictions. California Board of Professional Engineers, Land Surveyors and Geologists discipline occurs for criminal convictions that are substantially related to the duties, functions and qualifications of a Land Surveyor. Common criminal offenses that can cause Land Surveyor License discipline are:

The California Board of Professional Engineers, Land Surveyors and Geologists and other law enforcement agencies also investigate criminal conduct by Land Surveyors in the course and scope of their practice. Criminal investigations often involve Land Surveyors engaged in Forgery, Theft, Trespass and Vandalism. In serious criminal cases against Land Surveyors pending in Criminal Court, the California Board of Professional Engineers, Land Surveyors and Geologists and the California Attorney General’s Office may seek a California Penal Code § 23 Order against the Land Surveyor. A California Penal Code § 23 Order seeks to suspend a Land Surveyor License in Criminal Court.

Land Surveyors facing criminal charges and Land Surveyors who are convicted of criminal offenses need an experienced California Land Surveyor License Defense Attorney for representation in disciplinary proceedings before the California Board of Professional Engineers, Land Surveyors and Geologists.

California Land Surveyor License Statement of Issues Attorney

The California Board of Professional Engineers, Land Surveyors and Geologists thoroughly investigates all applicants for Land Surveyor Licenses. The California Board of Professional Engineers, Land Surveyors and Geologists may deny a California Land Surveyor License to Land Surveyor students and Land Surveyors from other states and countries. Most California Land Surveyor License denials occur due to criminal convictions, financial problems or misstatements on the Land Surveyor License application. Statement of Issues Hearings and Accusation Hearings before the Office of Administrative Hearings maintain a similar procedure. However, in a Statement of Issues Hearing, the applicant bears the burden of proof. Individuals denied a Land Surveyor License should contact a California Land Surveyor License Denial Lawyer for representation in a California Board of Professional Engineers, Land Surveyors and Geologists Statement of Issues Hearing.

California Land Surveyor Petition for Reinstatement Lawyer

A Petition for Reinstatement allows Land Surveyors who have received a Land Surveyor License Revocation to reinstate their License. The Petition for Reinstatement must show by clear and convincing evidence the factual and legal reasons to warrant the Land Surveyor License Reinstatement. Rehabilitation from past misconduct is the primary factor in a Petition for Reinstatement before the California Board of Professional Engineers, Land Surveyors and Geologists. A successful Land Surveyor License Petition for Reinstatement requires representation by an experienced California Land Surveyor License Defense Attorney.