The attorneys at Ray & Weinstein, P.C. represent clients in Texas Board of Professional Engineers & Land Surveyors License Defense cases. Texas Professional Engineers and Land Surveyors face a significant number of rules and regulations promulgated by the Texas Board of Professional Engineers & Land Surveyors. Any alleged violation of these rules and regulations can result in an obstacle to a Professional Engineers or Land Surveyors ability to work in Texas. The firm practices TBPELS License Defense. From a TBPELS application Denial Hearing to a Notice of Alleged Violation, the firm’s goal is to provide effective and efficient legal representation to the firm’s TBPELS License clients in these Locations of Practice. The firm represents licensees possessing the following Texas Board of Professional Engineers & Land Surveyors professional licenses:

• Land Surveyor
• Licensed State Land Surveyor
• Professional Engineer
• Registered Professional Land Surveyor

Texas Board of Professional Engineers & Land Surveyors License Defense Lawyers

Many individuals possess Engineer Licenses and Land Surveyor Licenses issued by TBPELS. Most TBPELS Engineers and Land Surveyors have minimal or no contact with the disciplinary unit of the Texas Board of Professional Engineers & Land Surveyors. For Texas Professional Engineers and Land Surveyors who become part of the TBPELS disciplinary process, the consequences are profound. The Texas Administrative Law disciplinary process is complex, procedural and time consuming.

TBPELS Investigation Defense Lawyers

The majority of Texas Board of Professional Engineers & Land Surveyors License disciplinary investigations begin with the filing of a consumer Complaint. However, disciplinary investigations also can arise from other events, such as a criminal conviction or criminal investigation. TBPELS utilizes non sworn civilian investigators to conduct non criminal investigations against licensed Texas Professional Engineers and Land Surveyors. TBPELS works with Texas law enforcement agencies to investigate criminal and administrative law violations committed by Texas Professional Engineers and Land Surveyors. Administrative Law Due Process Rights differ substantially from the Due Process Rights accorded in criminal law.

It is important to have an attorney that understands the Texas Board of Professional Engineers & Land Surveyors License disciplinary process. At the conclusion of a TBPELS investigation, TBPELS has several options. The Texas Board of Professional Engineers & Land Surveyors can choose to close the Complaint. TBPELS can choose to issue an Administrative Penalty. The Texas Board of Professional Engineers & Land Surveyors can also choose to refer the matter to its legal counsel for the filing of formal Administrative disciplinary charges, generally called a Notice of Alleged Violation. TBPELS legal counsel will determine whether cause exists to file a Notice of Alleged Violation. TBPELS may hold an Informal Conference with the licensee. In cases involving criminal conduct, the Texas Board of Professional Engineers & Land Surveyors may refer the case to the District Attorney’s Office for criminal prosecution.

TBPELS Notice of Alleged Violation Defense Attorneys

A Notice of Alleged Violation served on a Texas Engineer or Texas Land Surveyor serves as notice to a licensee that TBPELS intends to suspend or revoke the Texas Engineer License or Texas Land Surveyor License. The licensee, now called the Respondent, has only a specific number of days from the date that the Notice of Alleged Violation was served (not received, but served) to file a Request for Hearing. The failure to file a Request for Hearing results in a Default against the Texas Engineer or Texas Land Surveyor. A Default will result in the immediate Revocation of the Texas Engineer License or Texas Land Surveyor License.

The filing of a Notice of Alleged Violation is a serious matter that can result in the suspension or revocation of an Engineer License or Land Surveyor License in Texas. In many cases, it is possible for licensees to reach a settlement with the TBPELS. A Consent Order is a formal term for a settlement agreement. If a Consent Order cannot be reached, the parties will proceed to a formal Hearing before the Texas State Office of Administrative Hearings (SOAH).

Texas Board of Professional Engineers & Land Surveyors Hearing Attorneys

The Texas Office of Administrative Hearings, also known as SOAH, hears TBPELS disciplinary matters. SOAH is headquartered in Austin, but may hold Hearings remotely or in other locations. Hearings may be held in Austin, Corpus Christi, Dallas, El Paso, Fort Worth, Houston, Lubbock or San Antonio. The TBPELS Administrative Law Hearing is a formal Hearing before an Administrative Law Judge.

The Administrative Law Judge, or ALJ, will issue a written Proposal for Decision approximately 60 days after the Hearing. The Texas Board of Professional Engineers & Land Surveyors and the Respondent generally both have the ability to file responses to the Proposal for Decision, called Exceptions and Briefs. TBPELS can adopt, modify or reject the ALJ’s Proposal for Decision. The Texas Board of Professional Engineers & Land Surveyors action is called the Final Order. There are two main rights of Appeal of a Final Order. Texas Government Code § 2001.144 allows a licensee to file a Motion for Rehearing within 25 days after the Final Order is issued. If a Motion for Rehearing is denied, the Respondent can file a Request for Judicial Review in Travis County District Court in Austin. A Request for Judicial Review must be filed within 30 days of the denial of the Motion for Rehearing.

Texas Board of Professional Engineers & Land Surveyors License and Criminal Convictions

TBPELS can discipline Engineers and Land Surveyors for criminal convictions. Administrative Law discipline for Texas Professional Engineers and Land Surveyors primarily occurs for felony criminal convictions and criminal convictions related to the Engineer License or Land Surveyor License. The Texas Board of Professional Engineers & Land Surveyors and other law enforcement agencies also investigate criminal conduct by licensees in the course and scope of their license. Common criminal offenses that can cause TBPELS License discipline are:

TBPELS License Denial Defense Attorneys

The Texas Board of Professional Engineers & Land Surveyors thoroughly investigates all applicants for Engineer Licenses and Land Surveyor Licenses. TBPELS may deny licensees from other states and countries. Most Texas Engineer License and Land Surveyor License denials occur due to criminal convictions, financial problems or misstatements on the Engineer License or Land Surveyor License application. Denial Hearings and Notice of Alleged Violation Hearings before the State Office of Administrative Hearings involve a similar procedure. However, in an Engineer License or Land Surveyor License Denial Hearing, the applicant bears the burden of proof.

Texas Board of Professional Engineers & Land Surveyors Petition for Reinstatement Lawyers

A Petition for Reinstatement allows individuals who have received a TBPELS License Revocation to reinstate their Texas Engineer License or Land Surveyor License. The Petition for Reinstatement may result in an investigation by TBPELS. Subsequent to an investigation, the TBPELS may issue the license, issue the license with a corresponding Consent Order (settlement), or deny the license. TBPELS may schedule an Informal Conference prior to determining whether to grant or deny licensure. Rehabilitation from past misconduct is a primary factor in a Petition for Reinstatement.