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.
These professions are regulated in the public interest in order to safeguard life, health, 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 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 Executive Director of the Board, may file a written complaint alleging violation of the statues and/or the Rules of the Board (Article 15 of the Rules of the Board). prefer against any licensee, charges of fraud, deceit, gross negligence, incompetence, misconduct or violation of the statutes and the Rules of the Board and unlicensed practice against any person or firm.
Such charges shall be in writing, signed by the person or persons making them, and filed with the Executive Director of the Board. Anonymous complaints and those received by telephone will not be investigated.
The Complaint Form may be downloaded (below), requested via e-mail or sent to you via fax, or USPS.
Answering a Complaint
The subject person or firm of a complaint is called the Respondent. Upon receipt, staff of the Board will send a copy of the complaint and a Complaint Answer Form to the Respondent so they may submit their side of the story.
The Complaint Answer Form may be downloaded (below), requested via e-mail or sent to you via fax, or USPS.
Investigation of Complaints
Investigation are under the control of the Complaint Committee. This Committee serves in an advisory capacity in the form of recommendations which are presented to the full Board during Board Meetings. Board staff provides the administrative support for the investigation process.
The Executive Director and two Board Members, appointed by the Board President, serve as the Complaint Committee. In addition, the Assistant Attorney General assigned to our Board is available to assist with legal and enforcement matters.
The Complaint Committee reviews complaint files, reviews the evidence, determines whether there is probable cause to believe a violation has occurred, and decides upon an action. The action may be to task the Board’s staff to collect additional specific evidence. Or they may determine what recommendation to present to the full Board.
Recommendations may be: Dismissal, if they find no evidence of wrong-doing; or set the matter for Administrative Hearing, if they find probable cause to believe one or more violations may have occurred. The next step is to present the recommendation to the full Board.
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.
While the Board may take other actions, it rarely does so.
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:
A Dismissal Order: either before or as a result of, an Administrative Hearing;
A Consent Agreement/Order: in lieu of an Administrative Hearing; or
A Final Order: as a result of an Administrative Hearing, which may impose a penalty or other disciplinary action.
In all cases, the Complainant will be notified in writing of the outcome.
Information About Disciplinary Actions
Any person may request information about disciplinary or enforcement actions taken by the Board. Such records are available for inspection or copying, in accordance with the Arkansas Freedom of Information Act.