BPELSG Enforcement and the JPPC Presented by Ric Moore, PLS Executive Officer Raymond Mathe, PLS Senior Registrar December 4, 2013 Central Valley Chapter CLSA General Meeting
Overview Role of BPELSG Enforcement Process 2012-13 Complaint Statistics Role of JPPC Suggestions for JPPC Process Questions/Comments
Role of BPELSG Purpose of the Board: Protection of the Public License qualified individuals Enforce laws and regulations Establish regulations Promote professional conduct Provide information to the public Anticipate changes in the professions
Typical Complaint Process
Category of Alleged Violations at Opening of Complaint Investigation Case NOTE: May total more than the number of complaint investigation cases opened C/N = Competence/Negligence Contract = Contractual Issues (breach of contract, failure to execute written contract, failure to include all required elements in written contract) Fraud = Fraud/Deceit/Misrepresentation; Aiding and abetting; Criminal conviction R/S = Failure to file; Failure to resubmit; Monumentation U/L = Unlicensed Activity Delinquents = Delinquent Reinstatement applicants Exam Sub. = Exam subversion (includes those removed from exams and collusion analyses) CPC = Code of Professional Conduct (16 CCR 475 & 476) Other = Anything not covered above (i.e., failure to sign/seal; failure to file OR)
Source of Complaint NOTE: May total more than the number of complaint investigation cases opened Public = Consumers, individuals not licensed by BPELSG, attorneys, etc. Gov t/le = Government Agency or Law Enforcement (includes federal, state, and local governmental entities, e.g. County Surveyor s Office, Building Dept.) Profession = Licensees of BPELSG; also includes professional associations (such as the JPPC) I/O = Internal/Other no complainant (exam subversion), inquiries that result in the Enforcement Unit opening a case, anonymous RLAP = Reporting of Legal Actions Program cases opened as a result of receiving a report of a civil judgment, settlement, or arbitration aware or criminal conviction
Area of Practice / Licensure of Subject NOTE: May total more than the number of complaint investigation cases opened U/L-PE = unlicensed activity relating to the practice of professional engineering U/L-PLS = unlicensed activity relating to the practice of professional land surveying PLS = allegations relating to the practice of land surveying by a Professional Land Surveyors Pre-82 RCE-S = allegations relating to the practice of land surveying by a Pre-82 Civil Engineer CE = allegations relating to the practice of civil engineering by a Civil Engineer EE = allegations relating to the practice of electrical engineering by an Electrical Engineer ME = allegations relating to the practice of mechanical engineering by a Mechanical Engineer Other = allegations relating to the practice of any other discipline of engineering by a licensee in the specific discipline (i.e., traffic engineering by a Traffic Engineer)
Central Coast: JPPC Guidelines Examples a) encourage a high ethical standard of practice in the Land Surveying Profession; b) review complaints of practices with regard to land surveying within the Chapter's sphere of influence; c) take appropriate action concerning complaints within the scope of the Land Surveyors Act; d) be the liaison with the Association PPC; e) be the executive body for professional non-complaint issues within Chapter s sphere of influence.
Cascade: JPPC Guidelines Examples attempt to resolve issues that do not comply with the filing and recording requirements of the PLSA, SMA, and BR promote those Business Practices and Government Policies which enhance the professional status of Land Surveyors Purpose: To reacquaint professionals with the above requirements
Channel Islands: JPPC Guidelines Examples (a) promote ethical practice (b) promote preservation of monumentation (c) encourage filing appropriate documents in compliance with laws (d) review, investigate and act upon complaints
RS / SB / Desert: JPPC Guidelines Examples It is the parent organizations intent to provide a service, through the JPPC, to the public and the land surveying profession by suggesting guidelines for the practice of land surveying.
Sacramento: JPPC Guidelines Examples The overall goal of the JPPC is to assist in the self-policing and education of practicing surveyors. Thus, there are two primary functions of the committee: 1) to provide education to practicing private surveyors and public agencies concerning the laws that we operate under. 2) to act as mediators when disagreements arise over interpretations of law or acceptable local standards of practice.
Sonoma: JPPC Guidelines Examples 1. Encourage a high ethical standard of practice in the land surveying profession. 2. Review complaints of practices in regard to land surveying 3. Take appropriate action relative to these guidelines and make initial contacts concerning complaints within the scope of the PLSA 4. Report to the Chapter at the discretion of the Chairperson
Central Valley JPPC Guidelines Examples (a) encourage a high ethical standard of practice in the Land Surveying Profession; (b) promote the preservation of monumentation through code enforcement; (c) encourage the filing of appropriate documents in compliance with California Laws and Regulations through code enforcement; (d) investigate and act upon complaints in regard to land surveying within the Chapter's boundaries.
BPELSG Perspective Role of (J)PPC JPPC should have three primary charges: 1. Educate local agencies and professionals regarding laws and regulations related to the practice of land surveying. 2. Encourage compliance with state and local laws where there may be a misunderstanding of the professional s responsibilities. 3. Report suspected negligence / incompetence to BPELSG.
BPELSG Perspective Role of (J)PPC How should the JPPC perform recommended charges: 1. Educate Correspond with local agencies Publish articles in local chapter newsletter Speak at chapter meetings 2. Encourage Visit / contact local agencies Available for peer review 3. Report suspected negligence / incompetence to BPELSG.
BPELSG Perspective Role of (J)PPC Cont. JPPC should not: 1. Investigate negligence and/or incompetence BPELSG has statutory authority JPPC does not 2. Contact individuals suspected of unlicensed practice Very likely to disrupt / impact BPELSG s efforts 3. Negotiate repercussions pertaining to compliance If you file these maps as required, I won t report you to BPELSG
Outcome of Completed Investigations Closed = Closed with No Action Taken, includes the categories listed below: NV/IE = No Violation/Insufficient Evidence CO = Compliance Obtained WL = Warning Letter Other = Other Reason (e.g., subject deceased) RAIN = Resolved After Initial Notification DA = Referred to District Attorney - File Criminal Charges Med. = Mediated Cite = Referred for Issuance of Citation FDA = Referred for Formal Disciplinary Action NV/IE CO WL Other RAIN DA
Thank You
Land Surveyor: Raymond Mathe (916) 263-2271 Raymond.mathe@dca.ca.gov Executive Officer: Ric Moore (916) 263-2230 Ric.moore@dca.ca.gov Enforcement: Nancy Eissler (916) 263-2241 Nancy.eissler@dca.ca.gov Monument Conservation (Sec. 8771): Larry Kereszt (916) 263-2240 Larry.kereszt@dca.ca.gov PLS Board Member: Patrick Tami