Adventures in Living.

Enforcement of Laws and Rules Governing Professional Engineers and Land Surveyors



  

  

  

  

Introduction

The State of Idaho promulgates statutes and authorizes promulgation of Rules of Professional Responsibility for the professions of Engineering and Land Surveying. The statutes and rules set standards for licensure and practice to safeguard the life, health, property and welfare of the public.

Enforcement authority is vested in the Board of Licensure of Professional Engineers and Professional Land Surveyors. Enforcement actions are triggered by formal complaints or requests for an inquiry concerning actions of unlicensed persons, licensees or certificate holders, or business entities holding certificates of authorization. After receipt of a formal complaint or request for an inquiry the Board may declare the complaint trivial or unfounded, proceed to impose disciplinary measures through a negotiated consent agreement, or proceed to an administrative hearing and possible imposition of disciplinary measures.

A summary of "Laws and Rules Pertaining to the Practice of the Professional of Engineering and Land Surveying" is available at Laws and Rules Pertaining to the Practice of Engineering and Land Surveying effective July 1, 2010. You may also contact the Board Office at 1510 E Watertower St STE 110, Meridian, ID, 83642-7993 or call (208) 373-7210. The following procedural overview is for general information only. To the extent this general summary conflicts with existing law, the existing statutes and rules will govern. Questions about specific details of the process should be directed to the Executive Director at the Board office.(top)

Filing a Formal Complaint

Any affected party may prefer charges against an unlicensed person, a licensee or certificate holder, or business entity holding a certificate of authorization for breaches of legal or professional conduct. The charges must be in the form of a sworn statement before a Notary Public. The affidavit should set forth the underlying facts, specify the statutes or rules violated, and request appropriate disciplinary action against the licensee or certificate holder. The complaint must be filed with the Executive Director of the Board.(top)

Formal Complaint Processing

The Executive Director establishes a complaint file and prepares the complaint for review by the Board. Complaints are generally heard at regular board meetings. The party who must respond to the complaint is notified, and their response may be available for Board review. When the complaint is first reviewed, and depending on the information available, the Board may dismiss the complaint because it is outside its jurisdiction, trivial, or unfounded. Upon that finding, the case is closed and notice of the complaint dismissal is sent to both parties.

If the Board finds that the complaint warrants further investigation they may order a preliminary investigation. After reviewing the results of the investigation, the Board may then dismiss the complaint, request additional information (by subpoena if necessary), direct the negotiation of a disciplinary consent agreement through the Executive Director and a selected attorney, or schedule an Administrative Hearing. The Board does not discuss or specify the terms of the consent agreement. Disciplinary actions may include any remedies specified by Idaho Code 54-1220 or the issuance of a cautionary letter.

The negotiated disciplinary consent agreement is presented to the Board, which may accept or reject the agreement. If the agreement is rejected, another negotiation attempt may be requested, or the Board may order an administrative hearing.

The hearing must be held within 6 (six) months of receipt of the complaint unless the Board extends the time for justifiable cause.

After the hearing, the Board may take disciplinary action pursuant to Idaho Code 54-1220.(top)

Making a Request for Inquiry

Any person may send a written request for inquiry to the Board. Prior to sending a request, it is advisable to communicate with the Executive Director to discuss alternative courses of action based on the Boards ability to respond to the request. A written request must explain the situation with enough clarity and detail to enable a preliminary review by the Executive Director. The Executive Director will contact the licensee or certificate holder involved and request a response to the allegations. A review of the request for inquiry and any responses from the unlicensed person, licensee, or certificate holder will be placed on a Board meeting agenda. At that meeting, the Board may find that the allegations are outside its jurisdiction, trivial, or unfounded. Upon that finding, the matter is closed and notice of the finding is sent to both parties.

The Board may order the Executive Director or a designated investigator to conduct a preliminary investigation. The results of that investigation are heard at a later meeting. If the Board finds that the matter warrants disciplinary action, the Board may authorize the Executive Director to negotiate a disciplinary consent agreement with the licensee or certificate holder. Prior to the filing of a formal complaint, the Board may issue rules, parameters, or general policy statements to guide negotiations. Disciplinary actions may include any remedies specified by Idaho Code 54-1220 or the issuance of a cautionary letter. If a consent agreement acceptable to the Board is reached, the matter will be concluded upon execution of terms of the agreement.

If a consent agreement acceptable to the Board cannot be negotiated, the Board will order the filing of a formal complaint with the Executive Director as the complainant. An administrative hearing will be scheduled. The hearing will be scheduled within 6 months of the filing of the formal complaint unless the time is extended by the Board for justifiable cause. After the hearing, the Board may take disciplinary action pursuant to Idaho Code 54-1220.

Individuals making a Request For Inquiry may be requested to file a formal complaint, but are not required to. Their participation as a witness at an administrative hearing will almost certainly be required.(top)

Special Comments regarding Complaints/Requests for Inquiry on Surveying matters

The Board approved a letter to be sent to all persons making complaints or requests for inquiry regarding surveying matters at its meeting June 7-8, 2011. Click here to read that letter which helps lay people understand some of the issues regarding surveying.(top)

What you can expect after filing a complaint or request for inquiry

Once a Complaint or Request for Inquiry is filed,

  1. The matter is assigned a Docket Number for processing.
  2. The matter is placed on the Board agenda and the respondent is invited to respond or, in some cases where there is a large amount of time before tne next Board meeting, the Board Chairman is briefed by Board Staff on issues. If the Staff and the Board Chair believe that the matter is not unfounded or trivial on its surface, then concurrence by another Board member is obtained and a preliminary investigation is begun. Otherwise, the respondent is invited to file a response to the complaint/request for inquiry and the matter is placed on the Board Agenda. The Board reviews the matter and decides on the filed documents if it is trivial or unfounded. If so, it dismisses the matter.
  3. If the matter is not dismissed upon review, the Board orders a preliminary investigation by staff.
  4. The Board reviews the preliminary investigatory report and then, either dismisses the matter as unfounded or exercises prosecutorial discretion and dismisses the matter, or passes the matter back to Staff and Prosecuting Attorney for negotiated settlement. If the Staff and Prosecutor and Respondent fail to reach a negotiated settlement, the matter is prepared for formal hearing.
  5. THe Board holds a formal hearing and issues a final order
(top)

The complainant is notified upon the matter being dissmissed or provided a copy of the final order. The final order is public record. The final order is also filed with the National Council of Examiners for Engineering and Surveying (NCEES) Enforcement Exchange (a national database of disciplinary actions for licensing boards). In contrast, the preliminary investigatory report, an internal review document is exempt from public release by Idaho Code/Rule as a matter having to do with a person's ability to obtain or retain a license.(top)

All formal actions of the Board are also published in the Board Minutes and the Board Newsletter, both of which may be found on the Board's website(top)