Quick Hits
Reporting of Legal Actions Program
NEW REPORTING OF LEGAL ACTIONS PROGRAM
BECOMES OPERATIVE JANUARY 1, 2008
Effective January 1, 2008, the Board will be implementing a new program. Under this new program all professional engineers and land surveyors will be 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.
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.
As of January 1, 2008, the Board's Enforcement Unit will begin enforcing 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.). The Enforcement Unit will be responsible for implementing and enforcing this new program, which will include developing forms for completion by licensees, California court clerks, and liability insurers.
These new laws will 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.
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 now available on this web site: Reporting of Legal Actions Form. You may contact Jacqueline Jenkins, Enforcement Analyst, at (916) 263-2253 or Jackie_Jenkins@dca.ca.gov for more information.
