Reporting of Legal Actions Program
NEW REPORTING OF LEGAL ACTIONS PROGRAM
BECAME OPERATIVE JANUARY 1, 2008
Effective January 1, 2008, the Board implemented a new program. Under this new program all professional engineers and land surveyors are required to report criminal convictions; civil action judgments, settlements, and arbitration awards; and administrative actions to the Board within 90 days of their occurrence or from when the licensee has knowledge of the action. The legal requirements of this program are codified in Articles 4.5 and 5.7 of the Professional Engineers Act and the Professional Land Surveyors' Act (Business and Professions Code sections 6770 et al. and 8776 et al.).
In addition to this requirement for licensees, liability insurers, California courts, and all self-insured local and state governmental agencies are required to report criminal convictions, civil judgments, settlements, and awards.
These new laws require a licensee who is convicted of all felonies and any misdemeanors or infractions that are substantially related to the practice of professional engineering or land surveying to report these actions to the Board within 90 days of knowing of the conviction. California courts and liability insurers will have 30 days to report to the Board.
Civil judgments, settlements, and arbitration awards where actions involve an allegation of fraud, deceit, and/or misrepresentation, breach of contract, negligence, incompetence, or recklessness by a licensee in the practice of professional engineering and/or land surveying are required to be reported if the amount or value of the judgment, settlement, or award is $50,000 or greater. Licensees are required to report this information within 90 days after the judgment, settlement, or award. Liability insurers are required to report within 30 days. A licensee is required to report, even if his or her liability insurer has already reported.
Once conviction, judgment, settlement, or award information is provided to the Board, the Enforcement Unit will review the information reported to determine if a formal investigation case should be opened to determine if any violations of the Professional Engineers or Land Surveyors Act have occurred.
The form for reporting such actions is available on this web site: Reporting of Legal Actions Form. You may contact Julie Baker, Enforcement Analyst, at (916) 263-2237 or Julie.Baker@dca.ca.gov for more information.