SB 679, as introduced, Berryhill. Professional engineers: licensees: reporting requirements.
Existing law establishes, within the Department of Consumer Affairs, the Board of Professional Engineers and Land Surveyors. Existing law prohibits, in order to safeguard life, health, property, and public welfare, any person from practicing civil, electrical, or mechanical engineering unless appropriately licensed or specifically exempted from licensure, as specified. Existing law requires a licensee to report to the board in writing the occurrence of any of the specified events that occurred on or after January 1, 2008, within 90 days of the date the licensee has knowledge of the event, including the conviction of the licensee of any felony or any other crime that is substantially related to the qualifications, functions, and duties of a licensed professional engineer. Existing law also requires a licensee to report to the board in writing, as specified, any civil action judgment, settlement, arbitration award, or administrative action resulting in a judgment, settlement, or arbitration award against the licensee in any action alleging fraud, deceit, misrepresentation, breach or violation of contract, negligence, incompetence, or recklessness by the licensee in the practice of professional engineering if the amount or value of the judgment, settlement, or arbitration award is $50,000 or greater.
This bill would increase the latter provision to require that a licensee report to the board in writing, as specified, if the amount or value of the judgment, settlement, or arbitration award is $55,0000 or greater.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 6770 of the Business and Professions
2Code is amended to read:
(a) A licensee shall report to the board in writing the
4occurrence of any of the following events that occurred on or after
5January 1, 2008, within 90 days of the date the licensee has
6knowledge of the event:
7(1) The conviction of the licensee of any felony.
8(2) The conviction of the licensee of any other crime that is
9substantially related to the qualifications, functions, and duties of
10a licensed professional engineer.
11(3) Any civil action judgment, settlement, arbitration award, or
12administrative action resulting in a judgment, settlement, or
13arbitration award against the licensee in any action
alleging fraud,
14deceit, misrepresentation, breach or violation of contract,
15negligence, incompetence, or recklessness by the licensee in the
16practice of professional engineering if the amount or value of the
17judgment, settlement, or arbitration award isbegin delete fifty thousand dollars begin insert fifty-five thousand dollars ($55,000)end insert or greater.
18($50,000)end delete
19(b) The report required by subdivision (a) shall be signed by
20the licensee and set forth the facts that constitute the reportable
21event. If the reportable event involves the action of an
22administrative agency or court, the report shall set forth the title
23of the matter, court or agency name, docket number, and the date
24the reportable event occurred.
25(c) A
licensee shall promptly respond to oral or written inquiries
26from the board concerning the reportable events, including inquiries
27made by the board in conjunction with license renewal.
28(d) Nothing in this section shall impose a duty upon any licensee
29to report to the board the occurrence of any of the events set forth
30in subdivision (a) either by or against any other licensee.
P3 1(e) Failure of a licensee to report to the board in the time and
2manner required by this section shall be grounds for disciplinary
3action.
4(f) For the purposes of this section, a conviction includes the
5initial plea, verdict, or finding of guilt; a plea of no contest; or
6pronouncement of sentence by a trial court even though the
7conviction may not be final or sentence actually imposed until all
8appeals are
exhausted.
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