Filing a Complaint and Enforcement Actions
The complaint form below is in a PDF format.
Click Here to get Adobe Reader.
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The complaint form can be completed in the PDF format. Just
click where you want to start typing. However, it cannot be
saved. You must print it when you finish typing.
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A guide on how to file a complaint and what happens once a complaint is
filed.
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The complaint survey can be completed in the PDF format. Just
click where you want to start typing. However, it cannot be
saved. You must print it when you finish typing.
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A list of enforcement actions taken at Board Meetings by the Board
against licensees, non-licensees and companies. The list starts
with the January 9, 2004 Board Meeting and is updated after
each meeting.
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In order to safeguard life, health and property, and to promote the public
welfare, the Board is resposible for issuing certificates of licensure to
qualified professional engineers and professional land surveyors. It is also
responsible for enforcing the licensure law and the rules of professional conduct
as they apply to the practice of engineering and land surveying. The Board can
take enforcement action against licensees or against individuals not licensed
who are offering or performing engineering or land surveying services. Actions
involving the un-licensed practice of engineering or surveying can also be
referred to the local district attorney for criminal prosecution.
The Board has the power to reprimand, censure, place on probation or
fine any licensee, certified intern, corporation, partnership, or firm.
It can also suspend, refuse to renew, or revoke the certificate of
licensure of any licensee or certified intern, or the certificate of
authorization of a corporation, partnership, or firm. The Board may
assess a civil penalty against any non-licensed person, corporation, or
other entity found guilty of violating the provisions of the Licensure
Law and the Administrative Code.
You may call the board office at 334-242-5568 to inquire if there has
been any enforcement actions taken against an individual or company and
what those actions have been. The license search of this web
page will identify if there has been any formal disciplinary action taken against a
licensee and you can go to the Enforcement Action link to see the detailed
information. The license search will not identify
non-licensees who have had disciplinary actions taken against them.
The Board must depend in large on reports from the public, engineering
professionals, and land surveying professionals to help regulate the
practices of engineering and land surveying in the state.
How to File a Complaint
In accordance with the Code of Alabama and the Administrative Code
of the Board, all complaints must be in writing and contain the following:
the name and address of the complaining party, a statement of facts, and
the signature of the complainant.
Please provide as much detailed information as possible and
include any supporting documentation when filing the complaint. A
complaint form can be obtained
from the board office or may be downloaded. If you would like to
discuss your situation prior to actually filing a complaint, please
call or e-mail Bob Herbert,
Special Investigator, (334) 242-5089.
Complaint Filing
Complaints must be filed within two years of the date the violation
occurred or within two years of the date of discovery of the violation, but no
more than 10 years from the date of the violation. Any violation caused by fraud,
deceit, or concealment is not subject to the 10 year time limitation.
Property Line Disputes
The Board cannot resolve property line disputes. The Board only conducts
desktop reviews of questioned surveys and does not employ a surveyor to
perform surveys or to retrace surveys that are in question. Only a court
of law can resolve property line disputes.
Litigation
Complaints submitted for investigation that involve matters that have
also been submitted to a court for action, may or may not be placed on hold
pending the outcome of the litigation. The Board will make the determination
on a case by case basis; however, any complaint that concerns an on-going
situation that immediately adversely impacts the public health, safety or
welfare will not be placed on hold.
Fee and Contract Disputes
Most fee and contract disputes result from a lack of communication or
misunderstanding between the parties. In most cases the disputes do
not fall within the jurisdiction of the Board and must be resolved by
the individual parties. The Board has no authority to award monetary
damages.
Investigation
When a complaint is received, an investigative committee comprised
of a Board member, the Board attorney, and the Board’s executive director,
is formed to conduct the investigation.
An investigator will gather information about the complaint and if
necessary technical advisors will be used. Upon completion of the
investigation, the committee will formulate a recommendation that will
be presented to the Board for its consideration.
The severity of the violation will determine what type of action is
taken. Actions may include an informal proceeding, a formal proceeding, or
the referring of the case to a local district attorney for prosecution.
If formal proceedings are warranted the Complainant may be required to
testify.
Informal proceedings may require the respondent to appear before the
Board. Formal proceedings may include the offer of a consent order, (also
known as a negotiated settlement) or presentation of the investigation at
a formal hearing. An Admininstrative Law Judge conducts the formal hearings
in accordance with the Alabama Administrative Procedures Act. Board actions
from formal hearings may be appealed to the Circuit Court of Montgomery
County, Alabama.
Conclusion
All complaints will be acted upon and will receive our full attention.
Depending on the complexity of the complaint, the investigative
process may take several months to complete. Once completed, the
complainant will be informed of the final action taken by the Board.