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Re: California Plan Stamping

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I don't disagree with anything that you said.  But, the end result is
basically where I originally started...a PE Board can only directly
take actions against those that they "oversee" (i.e. PEs).  If they want
to take action against non-licensed individuals (either someone who in not
licensed at all or someone just not licensed in that state), then it
requires a "third party" to become involved and that third party would
likely be a court along with some sort of prosecuting attorney from the
government.

Actually, if the board is charged by the state legislature to enforce such state statutes, they can impose administrative fines on non-licensees. (Read the last sentence again slowly.) Otherwise, their police powers don't serve the public good. If the individual is unresponsive, then they have to go to the next level, i.e. civil court, which they would have to do if a licensee refused their directives. Then, and if the charges are found to be true, the court is free to throw the book at them without any remorse, since they had the chance to make amends when the case was before that Board. In addition, the court's concern will be more of whether the Board gave them a fair hearing, since the Board is suppose to be the "expert" on what constitutes good engineering practice, not the court. A court will do all it can to not undermine the authority of a Board and (at the same time) protect the rights of the accused. To not do so will transfer such disputes from the Board to the courts and clog up the court calendar even more.

And in most situations I doubt that government entities place
a high priority on shifting a prosecuting attorney from other "more
serious" (from most people's views) crimes to going after violators of
PE laws.

I doubt if a prosecuting attorney, such as Sam Waterston's character in Law and Order, would get involved unless its a criminal matter. But as a civil matter, there are plenty of trial attorneys around who would take the case. Besides, most government boards have attorneys on retainer that attend almost all board sessions to help the board members, who are suppose to be average citizens, do their jobs better. These same attorneys would relish having such additional work come their way.

My original point (if a bit obtuse) was that a PE Board in a state where I
am licensed can take direct action against me (i.e. where I can "lose"
something without the courts or others being involved).  They can fine me,
suspend my license, or take away my license (assuming that I did
something wrong in this hypothetical situation).

These are all civil court penalties. Also, a Board does not have to offer an administrative fine to all offenders. If the Board feel that the fines they are allowed to impose are insufficient, they can elect to have a court formally review the case and impose larger penalties.

Last, if you look at the non-licensed individual (in any state) who will never be licensed, then >administrative actions that a board can take are meaningless to that person unless a
prosecuting attorney gets involved.

Forget prosecuting attorney. Your watching too much Law and Order and CSI. Think civil court and trial attorney.



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