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It is not only the responsibility of the Board to issue certificates of licensure to qualified professional engineers and professional land surveyors but to also enforce the licensure laws and rules of professional conduct as they apply to the practicing of engineering and land surveying. Enforcement actions can be taken by the Board against licensees or against individuals not licensed who are offering or performing engineering or land surveying. If the actions are severe enough enforcement actions may be referred to district attorneys for possible prosecution in a court of law.
The practice of professional engineering and land surveying is a privilege, as opposed to a right. All licensees shall exercise their privilege of practicing by performing services only in the areas of their competence according to current standards. Licensees shall recognize their responsibilities to the public and shall represent themselves before the public only in an objective and truthful manner.
The Board has the power to reprimand, censure, place on probation or fine any licensee, certified intern, corporation, partnership, or firm. They also may 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 if found guilty of violating the provisions of the Licensure Law and the Administrative Code.
You may call the board office at 334-242-5049 to inquire if there has been any enforcement actions taken against an individual or company and what those actions have been. The licensure inquiry search of this web page will identify if there has been any action taken against a licensee, but you will still need to contact the office to get detailed information. The licensure inquiry section will not identify non-licensees who have had enforcement 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 name and address of the
complaining party, a statement of facts, the relief sought
by the complaining party 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 Rick
Huett, Board investigator, (334) 242-5049.
It is the Board’s policy that a complaint, if any parties involved in the complaint are anticipating litigation or litigation is pending, including appeals, will not be investigated unless the immediate failure to investigate adversely impacts the public health, safety, or welfare. Upon completion of all litigation, the complainant should provide all court documents to the Board. The Board, after review of the court documents, shall determine whether an investigation should be conducted.
Property Line Disputes
The Board cannot resolve property line disputes. The Board will conduct only desktop reviews of surveys. There is not a surveyor or survey crew on staff to perform surveys or to retrace surveys that are in question. Only a court of law can resolve property line disputes.
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, it will be logged in by the investigator. An investigative committee comprised of a Board member, the Board attorney, the Board’s executive director, and the Board investigator will be responsible for the initial investigation of the complaint. All complaints are given serious consideration.
The investigator will gather information about the complaint and if necessary technical advisors will be used. Upon completion of the investigation, the committee will formulate its recommendations. Those recommendations will be presented to the remaining board members.
After reviewing the results of the investigation, the Board may determine that no violations have been found and the case is closed or that violations have occurred and further actions will be taken. 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 include the respondent appearing before the Board or the issuance of a consent agreement that outlines a negotiated settlement. Those cases which proceed to formal hearings are conducted by a Hearing Officer/Administrative Law Judge in accordance with the Alabama Administrative Procedures Act. All actions by the Board 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 always be informed of the final action taken by the Board.
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