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Re: California Plan Stamping

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Scott and others:
The California Business and Professions Act defines the law by which any individual may practice or represent themselves as engineer (nurse, doctors etc.). There is no circular logic to this and it is the  responsibility of the Department of Consumer Affairs and any sub-office that regulates the practice to address abuse by professionals or misrepresentation by non-professionals. In the past, BORPELS has brought legal action either by way of complaints or by being an active party in the prosecution of fraud. Being unlicensed does not take the issue from the responsibility of BORPELS, but requires BORPELS to carry it further to the state Attorney General's office since it is the Department of Consumer Affairs that BORPELS is run by and they are as bound to bringing justified complaints to the attention of the State offices on fraud - acting on behalf of the complainant.

I understand Scotts rationalization, but any party who is aware of a violation of the law (this is a violation of business and professions act) is required to follow through rather than just drop the case with a lame excuse that since the party is not licensed it does not fall under their jurisdiction. Their responsibility is to the safety of the public and this includes protecting them from an unlicensed individual who claims to be qualified or licensed.

Once again, BORPELS has published an annual document that lists the legal actions against those charged with incompetence and misrepresentation or fraud. There are many such documented cases from the past of people who may have skills in architecture and engineering but who are discovered to be unlicensed or falsifying wet seals to pass themselves off as licensed professionals.

No, the problem here is one of not enough investigators and the lack of state funding to protect the public from fraud. BORPELS is as responsible as you are I to bring fraud to the attention of the Attorney Generals Office and especially so since the complaint was initiated by one of the professional community through proper channels.



Dennis S. Wish, PE
California Professional Engineer
Structural Engineering Consultant (Photo Blog) (Launch to Professional Discussion Blogs)


760.564.0884 (office - fax)

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