Enforcement | Jurisdiction | Complaint Information | Disciplinary Actions
Enforcement
It is not only the responsibility of the Board to license qualified Professional Surveyors and Professional Engineers. The Board also has delegated administrative authority to enforce the laws and rules pertaining to the practice of engineering and surveying in Arkansas.
The practices of engineering and surveying are regulated in the public interest in order to safeguard life, health and property and to promote the public welfare. All licensees of the Board are expected to conduct themselves and their professional practices with these goals in mind.
Enforcement actions may be taken by the Board against licensees for their professional conduct, and against unlicensed individuals or firms who are offering or performing engineering or surveying. If the conduct results in imminent and substantial endangerment to public welfare, enforcement actions may be referred to district attorneys for possible prosecution as criminal offenses.
Jurisdiction of the Board
The Board’s authority to investigate and order relief is limited in certain areas.
The Board does not have a surveyor or survey crew to perform surveys or to retrace surveys which are in question. The Board cannot resolve property boundary disputes or provide expert testimony is such cases. Only a court of law can resolve these questions.
Fee and contract disputes almost always result from a lack of communication or understanding between the parties. These disputes are outside the jurisdiction of the Board and must be resolved by the individual parties or other means.
The Board has no authority to award damages or restitution to injured parties.
Assuming the standard of professional care is met in both cases, the Board will not choose between the professional opinions of one licensee over that of another.
Filing a Complaint
According to Article 15 of the Rules of the Board, any person, including the Executive Director of the Board, may prefer charges of fraud, deceit, gross negligence, incompetence, misconduct or violation of the statutes and the Rules of the Board against any licensee, and of unlicensed practice against any person or firm.
Such charges shall be in writing and signed by the person or persons making them, and shall be filed with the Executive Director of the Board. A Complaint Form may be downloaded from below, or the staff of the Board may be contacted, and a Complaint Form will be mailed.
In order for a complaint to be filed with the Executive Director of the Board, it must be in writing and signed. Anonymous complaints and those received by telephone will not be investigated.
| Downloads |
| Complaint Form | WORD |
Answering a Complaint
The person or firm who is the subject of a complaint is called the Respondent. Upon receiving a complaint, the staff of the Board will send a copy of the complaint to the Respondent, and ask for the Respondent’s side of the story.
A Complaint Answer Form may be downloaded below, or the staff of the Board may be contacted, and a Complaint Form will be mailed.
| Downloads |
| Complaint Answer Form | WORD |
Investigation of Complaints
Although the Board’s staff performs much of the work for the administration of the complaint investigation process, the investigation itself is under the control of the Complaint Committee of the Board.
The Complaint Committee is appointed by the Board President and is made up of two Board members and the Executive Director of the Board. These three persons may be advised by the Assistant Attorney General who is assigned to assist the Board with legal and enforcement matters.
The Complaint Committee periodically reviews the outstanding complaint files. Their task is to assess the evidence available and determine whether there is probable cause to believe a violation has occurred.
The Complaint Committee may determine there is insufficient evidence of wrong-doing and recommend dismissal of the complaint, or they may task the Board’s staff with collection of additional specific evidence.
If the Complaint Committee determines there is probable cause to believe one or more violations may have occurred, the Complaint Committee must determine the specific charges to bring against the Respondent, and recommend that the matter be set for hearing.
If an offer of settlement is made in lieu of a hearing, the Complaint Committee must review the offer and make a recommendation to the Board as to its acceptability.
The actions of the Complaint Committee are advisory, in the form of recommendations to the Board. While the Board may take other action, it rarely does so.
Disposition of Complaints
A complaint under the Rules of the Board may only be disposed by an action of the Board, taken during a public meeting. That action will be documented in an Order of the Board.
The Board may dismiss the complaint upon the recommendation of the Complaint Committee or after a formal hearing (Dismissal Order), may, upon the recommendation of the Complaint Committee, enter into a consent agreement in lieu of a hearing (Consent Agreement/Order), or may impose a penalty or other disciplinary action after a formal hearing is held (Final Order).
In all cases, the Complainant will be notified in writing of the outcome.
Information About Disciplinary Actions
Any person may call upon the Board for information about disciplinary or enforcement actions by the Board. Any records of disciplinary or enforcement actions in the possession of the Board are available for inspection or copying, according to the provisions of the Arkansas Freedom of Information Act.