In addition to licensing qualified Professional Engineers and Surveyors, the Board has administrative authority to enforce the laws and rules pertaining to the practice of engineering and surveying in Arkansas.
In order to safeguard life, health and property and to promote the public welfare, the practice of engineering and surveying in the State of Arkansas. All licensees of the Board are expected to conduct themselves and their professional practices with these goals in mind.
Enforcement actions may be taken 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 the public welfare, the individual may be referred to the local district attorney for possible criminal prosecution.
Jurisdiction of the Board
While the Board has authority to enforce the Laws and Rules which regulate the engineering and surveying professions, there are activities which are outside their jurisdiction. For example,
- They do not have authority to:
- Resolve –
- Property boundary disputes or provide expert testimony regarding such. Only a court of law can resolve these issues.
- Fee and contract disputes. These are almost always the result of a lack of communication or understanding between the parties. They must be resolved by the individual parties or other means.
- Award damages or restitution to injured parties:
- Resolve –
- The Board does not have a surveyor or survey crew to perform or retrace surveys which are in question: and
- Assuming the standard of professional care is met in both cases, the Board will not choose one licensee’s professional opinions over that of another.
Filing a Complaint
Any person, including the Director of the Board, may file a written complaint alleging violation of the statues and/or the Rules of the Board Article 15.
Such charges shall be in writing, signed by the person or persons making them, and filed with the Board. Anonymous complaints and those received by telephone will not be investigated.
Answering a Complaint
The subject person or firm of a complaint is called the Respondent. Board staff shall mail a copy of the complaint and a Complaint Answer Form to the Respondent. The Respondent has 20 days to submit their side of the story on the Complaint Answer Form.
Investigation of Complaints
Complaint investigation is under the control of the Complaint Committee with Board staff providing administrative support.
The Complaint Committee is composed of the Director and two Board Members appointed by the Board President. In addition, the Assistant Attorney General assigned to our Board assists with legal and enforcement matters.
After reviewing the Complaint and its evidence, the Complaint Committee may:
- Task Board staff to collect additional specific evidence; or
- Recommend to the Board that the matter be set for Administrative Hearing; or
- Recommend to the Board that the Complaint be dismissed; or
- Recommend to the Board an informal disposition by stipulation, settlement, or consent order; or
- If directed or authorized by the Board, adjudicate and prepare a proposal for Board decision. 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.
Recommendations are presented to the full Board during a public meeting.
Disposition of Complaints
Complaints may only be resolved by Board action during a public meeting. As indicated above, the Complaint Committee makes recommendations upon which, action is taken by the Members. The action is then reduced to any one of these types of Orders: Dismissal Order; Consent Agreement/Order; or Final Order.
In all cases, the Complainant will be notified in writing of the outcome.
Any person may request information about disciplinary or enforcement actions taken by the Board in accordance with the Arkansas Freedom of Information Act. As per A.C.A. §25-19-108, please visit “Disciplinary and Enforcement Actions” to view Board Orders. Please contact the board office if additional information is needed.