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Re: California Plan Stamping

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I understand.  But, what I wonder is what are the Minnesota PE Board
avenues for collecting that fine?  Is it a court enforceable fine?  Or is
the only way in which they can realistically actually get that fine is if
the engineering in question ever wants his PE license in Minnesota he must
pay the fine OR maybe the Maryland Board "dings" him until he pays the
Minnesota fine?

May I butt in?

While the statutes may vary from state to state, when a Board imposes such a fine it is considered a "administrative fine". Should the engineer in question refused to pay the fine, then the Board would have pass a motion to petition a court to enforce such a fine. Except for legislative policy, constitutional limitations, or fiscal restrictions, there is no common sense reason why a Board can't have its own prosecutor, whether directly employed civil servant(s), outsourced to a state law department, or outsourced to a private law firm. (Sorry about the double negative.)

Now, if such a case is bought to court, the Board would have to prove its case to either a judge or a jury, which has its own unique risks and rewards. The person being prosecuted would have to hire their own lawyer(s) and "expert witnesses", and will probably pay through the nose for their services, whether they win or lose. And if they lose, the court can probably imposed fines that are heavier than the administrative fine originally offered. If the Board loses, they lose some of the authority they though they had (so will some of their sister boards), some board members may be asked to resign for convenience (in most cases that's the most they can be penalized), and some politician will have to explain why taxpayer revenue was wasted.

All these things and more has to be taken into consideration should a Board decide to enforce an administrative fine. But to show that a Board's opinion matters, they need to do this at least once in awhile when such an opportunity arises.



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