After a complaint has been filed, the allegations are reviewed for probable cause to proceed by the Investigation Committee of the Board, consisting of the Executive Director, Board Attorney, Director of Enforcement and Board Investigators.
If further investigation is warranted, the case is assigned to an investigator, who proceeds to gather all relevant information such as plans, plats, pictures, maps, documents and contracts. If specific knowledge about the quality of work is required, experts in land surveying and the various disciplines of engineering are consulted for their expertise. As part of the investigation, the investigator will generally contact the Respondent(s) requesting information and a response to the allegations. Often personal interviews with witnesses and Respondent(s) are conducted.
When the investigation is complete, the Investigator presents his findings to the Investigation Committee, who determines if formal charges will be filed against the Respondent(s). If charges are filed, Respondent(s) are served with a Formal Complaint that outlines the allegations and specific violations against Respondent(s), notice of date and time of the Hearing, and Respondent’s rights including the right to counsel and the opportunity to respond, the right to compel the testimony of witnesses, to present evidence, and to argue all issues involved and Statement of Allegations/Charges Against Respondent(s).
The Respondent(s) may be given the opportunity to sign a Consent Order in order to avoid a formal hearing before the Board. For a Consent Order to be a binding document, it must be signed by the Respondent(s), the Respondent(s) Attorney (if applicable), the Board’s Attorney, approved by the Board and signed by the Chairman of the Board (or designee).
At the formal hearing, the Board is presented the facts by the Board Attorney and the Respondent. The Board is advised by a representative of the State Attorney General’s office and the hearing follows the State of Oklahoma Rules of Procedure. The Board decides on the innocence or guilt of the Respondent(s), and the disciplinary action to be taken. A Final Order which may include Findings of Fact, Conclusions of Law and terms of disciplinary action is then issued.
Disciplinary action may include in any combination:
Reprimand,
Revocation of Certificate of Licensure and/or Certificate of Authorization,
Suspension of Certificate of Licensure and/or Certificate of Authorization,
Place on Probation,
Cease and Desist if unlicensed practice,
Levy an administrative fine, and
Any other action as agreed upon by the Board and Respondent(s) and outlined in a Consent Agreement.
Conclusion
The Oklahoma Board of Licensure for Professional Engineers and Land Surveyor takes it mission of protecting the health, safety, property, and welfare of the citizens of very seriously. We accomplish this by our commitment to enforcement to ensure that licensees are performing their professional services in conformity with the intent and purpose of the law and related rules of professional conduct and to protect the public from the unlicensed practitioner.
