Land SurveyorsDisciplinary Proceedings

Section § 8780

Explanation

This law allows a board to investigate complaints against land surveyors or certain civil engineers and take action if they find wrongdoings. The board can issue public reprimands, temporarily suspend, or permanently revoke licenses if there is evidence of fraud, negligence, incompetence, or misconduct. Specific wrongdoings include deception in practice or licensing, violating laws or regulations, aiding others in breaking these laws, breaching contracts, and criminal convictions relevant to land surveying.

(a)CA Business & Professions Code § 8780(a) The board may, upon its own initiative or upon the receipt of a complaint, investigate the actions of any land surveyor licensed under this chapter or any civil engineer licensed under the provisions of Chapter 7 (commencing with Section 6700) who is legally authorized to practice land surveying and make findings thereon.
(b)CA Business & Professions Code § 8780(b) By a majority vote, the board may publicly reprove, suspend for a period not to exceed two years, or revoke the license or certificate of any land surveyor licensed under this chapter or civil engineer licensed under the provisions of Chapter 7 (commencing with Section 6700) who is legally authorized to practice land surveying on any of the following grounds:
(1)CA Business & Professions Code § 8780(b)(1) Any fraud, deceit, or misrepresentation in their practice of land surveying.
(2)CA Business & Professions Code § 8780(b)(2) Any negligence in their practice of land surveying.
(3)CA Business & Professions Code § 8780(b)(3) Any incompetence in their practice of land surveying.
(4)CA Business & Professions Code § 8780(b)(4) Any fraud or deceit in obtaining their license.
(5)CA Business & Professions Code § 8780(b)(5) Any violation of any provision of this chapter or of any other law relating to or involving the practice of land surveying.
(6)CA Business & Professions Code § 8780(b)(6) Any conviction of a crime substantially related to the qualifications, functions, and duties of a land surveyor. The record of the conviction shall be conclusive evidence thereof.
(7)CA Business & Professions Code § 8780(b)(7) Aiding or abetting any person in the violation of any provision of this chapter or any regulation adopted by the board pursuant to this chapter.
(8)CA Business & Professions Code § 8780(b)(8) A breach or violation of a contract to provide land surveying services.
(9)CA Business & Professions Code § 8780(b)(9) A violation in the course of the practice of land surveying of a rule or regulation of unprofessional conduct adopted by the board.
land surveyor misconduct civil engineer discipline license revocation

Section § 8780.1

Explanation

This law section allows the board to investigate land surveyors-in-training if they get a complaint or decide to check on their own. If the board finds issues, they can take away the surveyor's certificate. Reasons for revoking the certificate include being convicted of certain crimes, committing acts that could prevent someone from getting a license, lying or cheating to get their certificate, helping others break rules, and other specific violations listed in related sections.

The board may, upon its own initiative or upon the receipt of a complaint, investigate the actions of any land surveyor-in-training and make findings thereon.
By a majority vote, the board may revoke the certificate of any land surveyor-in-training:
(a)CA Business & Professions Code § 8780.1(a) Who has been convicted of a crime as defined in subdivision (a) of Section 480.
(b)CA Business & Professions Code § 8780.1(b) Who has committed any act that would be grounds for denial of a license pursuant to Section 480 or 496.
(c)CA Business & Professions Code § 8780.1(c) Who has committed any act of fraud, deceit, or misrepresentation in obtaining his or her land surveyor-in-training certificate or license as a professional land surveyor.
(d)CA Business & Professions Code § 8780.1(d) Who aids or abets any person in the violation of any provision of this chapter or any regulation adopted by the board pursuant to this chapter.
(e)CA Business & Professions Code § 8780.1(e) Who violates Section 119 with respect to a land surveyor-in-training certificate.
(f)CA Business & Professions Code § 8780.1(f) Who commits any act described in Section 8792.
(g)CA Business & Professions Code § 8780.1(g) Who violates any provision of this chapter.
land surveyor-in-training certificate revocation convicted of a crime

Section § 8780.2

Explanation

If someone who holds a professional license or certificate doesn't respond to a written request from the board investigating a complaint against them, it can lead to disciplinary action.

The failure of, or refusal by, a licensee or a certificate holder to respond to a written request from a representative of the board in the investigation of a complaint against that licensee or certificate holder constitutes a cause for disciplinary action under Section 8780 or 8780.1.
licensee failure certificate holder disciplinary action

Section § 8781

Explanation

This section explains that proceedings mentioned in the article must follow specific rules outlined in certain chapters of the Government Code. The board involved in these proceedings has all the powers provided by those chapters.

The proceedings under this article shall be conducted in accordance with Chapter 4 (commencing with Section 11370), Chapter 4.5 (commencing with Section 11400), and Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, and the board shall have all the powers granted therein.
proceedings Government Code board powers

Section § 8783

Explanation

If a land surveyor pleads guilty, is found guilty, or accepts a nolo contendere plea (which means they do not contest the charge), and the charge relates to their work, it's considered a conviction. The board overseeing surveyors can then suspend or revoke their license. This can happen after the time for appeal is over or the appeal confirms the conviction, even if the surveyor's plea is later changed or dismissed under certain conditions.

A plea or verdict of guilty or a conviction following a plea of nolo contendere made to a charge substantially related to the qualifications, functions and duties of a land surveyor is deemed to be a conviction within the meaning of this article. The board may order the license or certificate suspended or revoked, or may decline to issue a license or certificate, when the time for appeal has elapsed, or the judgment of conviction has been affirmed on appeal or when an order granting probation is made suspending the imposition of sentence, irrespective of a subsequent order under the provisions of Section 1203.4 of the Penal Code allowing such person to withdraw his plea of guilty and to enter a plea of not guilty, or setting aside the verdict of guilty, or dismissing the accusation, information or indictment.
land surveyor conviction plea of nolo contendere

Section § 8784

Explanation

If someone had their professional license taken away, the board in charge can decide to give it back. This can happen if most of the board members agree it's the right thing to do for reasons they believe are valid.

The board may reissue a license to any person, whose license has been revoked, if a majority of the members of the board vote in favor of such reinstatement, for reasons the board may deem sufficient.
license reissuance revoked license board members vote

Section § 8785

Explanation
If someone like a land surveyor or civil engineer has lost or given up their license due to disciplinary actions, they can ask the board to change or end the penalty after some time has passed. The rules about when they can ask depend on their situation, like how long their probation is. They’ll have to prove why they deserve the change. The board decides on these requests, which can be denied if certain conditions aren't met, like being involved in ongoing legal issues or filing requests too soon after a prior decision. If they disagree with the board's choice, they can ask a court to review it.
(a)CA Business & Professions Code § 8785(a) A petitioner may petition the board for reinstatement or modification of penalty, including reduction, modification, or termination of probation, after the following minimum periods have elapsed from the effective date of the decision ordering the disciplinary action, or if the order of the board or any portion of it is stayed by a court of law, from the date the disciplinary action is actually implemented in its entirety:
(1)CA Business & Professions Code § 8785(a)(1) Except as otherwise provided in this section, at least three years for reinstatement of a license or certificate that was revoked or surrendered. However, the board may, in its sole discretion, specify in its order of revocation or surrender a lesser period of time that shall be at minimum one year.
(2)CA Business & Professions Code § 8785(a)(2) At least two years for early termination of a probation period of three years or more.
(3)CA Business & Professions Code § 8785(a)(3) At least one year for early termination of a probation period of less than three years.
(4)CA Business & Professions Code § 8785(a)(4) At least one year for reduction or modification of a condition of probation.
(b)CA Business & Professions Code § 8785(b) The board shall notify the Attorney General of the filing of the petition. The petitioner and the Attorney General shall be given timely notice by letter of the time and place of the hearing on the petition, and the petitioner and the Attorney General shall be given the opportunity to present both oral and documentary evidence and argument to the board. The petitioner shall at all times have the burden of proof to establish by clear and convincing evidence that he or she is entitled to the relief sought in the petition.
(c)CA Business & Professions Code § 8785(c) The board itself or an administrative law judge, if one is designated by the board, shall hear the petition and shall prepare a written decision setting forth the reasons supporting the decision.
(d)CA Business & Professions Code § 8785(d) The board may grant or deny the petition or may impose any terms and conditions that it reasonably deems appropriate as a condition of reinstatement or reduction or modification of the penalty.
(e)CA Business & Professions Code § 8785(e) No petition shall be considered while the petitioner is under sentence for any criminal offense, including any period during which the petitioner is on court-imposed probation or parole. No petition shall be considered while there is an accusation or petition to revoke probation pending against the petitioner.
(f)CA Business & Professions Code § 8785(f) The board may, in its discretion, deny without hearing or argument any petition that is filed pursuant to this section within a period of two years from the effective date of a prior decision following a hearing under this section.
(g)CA Business & Professions Code § 8785(g) Judicial review of the board’s decision following a hearing under this section may be sought by way of a petition for writ of administrative mandamus pursuant to Section 1094.5 of the Code of Civil Procedure. The party seeking to overturn the board’s decision shall have the burden of proof in any mandamus proceeding. In the mandamus proceeding, if it is alleged that there has been an abuse of discretion because the board’s findings are not supported by the evidence, abuse of discretion is established if the court determines that the findings are not supported by substantial evidence in light of the whole record.
(h)CA Business & Professions Code § 8785(h) For the purposes of this section, “petitioner” means a professional land surveyor or licensed civil engineer or a land surveyor-in-training whose license or certificate has been revoked, suspended, or surrendered or placed on probation.
disciplinary action license reinstatement modification of penalty