Reporting Requirements for Engineers in California

On January 1, 2008, Article 4.5 -- Reporting Requirements -- of the Professional Engineers Act went into effect (California Business and Professions Code §§6770 - 6770.6), which requires the following events to be reported to the Board for Professional Engineers and Land Surveyors of the California Department of Consumers Affairs in writing, within 90 days of occurrence. While the provision first became law on January 1, 2005, funding for the enforcement of the provision was not appropriated until the 2007 Legislative session.

Business and Professions Code §6770

(a) A licensee shall report to the board in writing the occurrence of any of the following events that occurred on or after July 1, 2006 January 1, 2008, within 90 days of the date the licensee has knowledge of the event:

(1) The conviction of the licensee of any felony.

(2) The conviction of the licensee of any other crime that is substantially related to the qualifications, functions, and duties of a licensed professional engineer.

(3) Any civil action judgment, settlement, arbitration award, or administrative action resulting in a judgment, settlement, or arbitration award against the licensee in any action alleging fraud, deceit, misrepresentation, breach or violation of contract, negligence, incompetence, or recklessness by the licensee in the practice of professional engineering if the amount or value of the judgment, settlement, or arbitration award is fifty thousand dollars ($50,000) or greater.

The licensee is required to prepare a report and set forth the facts that constitute the reportable event. If the reportable event involves the action of an administrative agency or court, the report shall set forth the title of the matter, court or agency name, docket number, and the date of the reportable event occurred. Business and Professions Code §6770 (b). Additionally, the licensee is required to "promptly" respond to oral or written inquiries from the board concerning the reportable events, including inquiries made by the board in conjunction with license renewal. Business and Professions Code §6770 (c). Failure of a licensee to report to the board in the time and manner required shall be grounds for disciplinary action. Business and Professions Code §6770 (e).

The engineer's professional liability insurance carrier or employer, any state or local government agency which self-insures, must report to the board within thirty (30) days of payment of all or any portion of any civil action judgment, settlement, or arbitration of fifty thousand dollars ($50,000) or more -- the name of the licensee; the amount or value of the judgment, settlement, or arbitration award; the amount paid by the insurer; and the identity of the payee.

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This release was published on openPR.