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Re: California Plan Stamping

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Again, I don't disagree.  But I think that you will find that some (if not
a lot of) Board's don't directly have enforcement options against
non-licensed individuals.  I am no legal expert, but from reading through
Michigan's PE Act (now I will note that it has been awhile since a read it
THROUGHLY), the PE Board can take some limited direct actions against
licensed individuals without court or at least major court involvement.
But for non-licensed individuals, they MUST some how end up with a court
involvement, which also means involvement from the State AG's office (the
AG is specifically mentioned in the PE Act...which seems to eliminate the
option of some lawyer on retainer).  Now, it is certainly the Board's
responsibility to start such action against such a non-licensed individual
who is in violation of the PE Act, but they lack the authority to force
anyone (i.e. the court or the AG) to follow through on the action until
the end.

But, then I could still could be missing something in the Michigan PE Act
as my memory is getting a bit rusty (might be time to crack the books and
bore myself with legal speak...maybe some night when I cannot sleep
<grin>).

Scott
Adrian, MI


On Sun, 17 Jul 2005, Christopher Wright wrote:

>
> On Jul 17, 2005, at 1:09 PM, Scott Maxwell wrote:
>
> > a PE Board can only directly
> > take actions against those that they "oversee" (i.e. PEs)
> That isn't a completely accurate statement of the Board's
> responsibility, at least in Minnesota. The law goes as follows--
>
> >  326.111 Issuance, denial, revocation, and suspension of  licenses and
> > certificates; discipline.
> >
> >  Subdivision 1.  Generally. (a) If the board, or the complaint
> > committee if authorized by the board, has a reasonable basis to
> > believe that a person has engaged in an act or practice constituting
> > the unauthorized practice of architecture, engineering, land
> > surveying, landscape architecture, geoscience, or the unauthorized use
> > of the title certified interior designer, or a violation of a statute,
> > rule, or order that the board has issued or is empowered to enforce,
> > the board, or the complaint committee if authorized by the board, may
> > proceed as described in subdivisions 2 and 3.
>
> 'violation of a statute, rule or order' includes unlicensed practice.
> The duties of the board go a bit further than just 'overseeing'
> licensed practice and includes enforcement action against unlicensed
> practice as covered in the law.
> Christopher Wright P.E. |"They couldn't hit an elephant at
> chrisw(--nospam--at)skypoint.com   | this distance" (last words of Gen.
> .......................................| John Sedgwick, Spotsylvania
> 1864)
> http://www.skypoint.com/~chrisw/
>
>
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