CHANGES TO THE REPORTING OF LEGAL ACTIONS PROGRAM
BECAME EFFECTIVE JANUARY 1, 2014
Effective January 1, 2014, Articles 4.5 and 5.7 of the Professional Engineers Act and the Professional Land Surveyors' Act (Business and Professions Code sections 6770, et seq., and 8776, et seq.), relating to the Reporting of Legal Actions Program, have been amended. These laws require a professional engineer or a professional land surveyor to report any 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 laws have been amended to require that any civil action settlements or administrative actions resulting in a settlement greater than $50,000 be reported to the Board. Additionally, the laws require that any civil action judgment, binding arbitration award, or administrative action resulting in a judgment or binding arbitration award of $25,000 or greater against the licensee be reported to the Board.
The laws continue to require a licensee to report all felony convictions and any misdemeanors convictions or infractions that are substantially related to the practice of professional engineering or land surveying to the Board within 90 days of knowing of the conviction.
In addition to these requirements for licensees, liability insurers, California courts, and all self-insured local and state governmental agencies are also required to report criminal convictions, civil judgments, settlements, and awards to the Board. A licensee is required to report the information to the Board even if his or her liability insurer has already reported the matter.
Once the report is received by the Board, the Enforcement Unit will review the information reported to determine if a formal investigation case should be opened to determine whether or not violations of the Professional Engineers Act or Professional 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 the Board's Enforcement Unit at (916) 263-2284 or BPELSG.Enforcement.Information@dca.ca.gov for more information.