Complaints Against Registrants
Please read the following instructions. At the bottom of this page is contact information for the Complaints Department.
The Texas Board of Professional Engineers and Land Surveyors enforces the Professional Land Surveying Practices Act and Rules of the Board. Complaints alleging violations of the Act or Rules must be submitted with sufficient information to determine if a violation exists. If a violation cannot be found, the Complaint will be dismissed with no further action.
Complaints shall be submitted on an Affidavit of Complaint form along with copies of all supporting evidence (all items must be no larger than 11×17 in size and need to be submitted in electronic format); however, the Board may initiate a complaint based on any information received. Provisions of the Act and the Administrative Procedures Act shall apply to the conduct of all investigations and administrative actions in the Board’s processing of a complaint.
- Upon receipt of an Affidavit of Complaint the respondent will be notified and requested to respond to the complaint.
- The complaint and response will be sent to an investigator to determine violations.
- If no violations are found, the complaint is dismissed with no further action. If violations are found the registrant is notified of specific violations and given an opportunity to respond to specific rule violations.
- If further review confirms the finding of violation the investigator and the Executive Director determine an appropriate action based on items contained in Section 1071.452 of the Act and Board history. If the registrant agrees with the action and signs an Agreed Order, the matter is closed. If the registrant disagrees with the Board’s finding of violation, the registrant can request an Informal Conference. The investigator can also request an Informal Conference if additional clarification is needed. If, after the Informal Conference, the registrant disagrees with the Board’s finding, a hearing is scheduled with the State Office of Administrative Hearings where an administrative law judge will hear evidence submitted and determine rule violations.The Board can:
- Revoke a registration
- Suspend a registration
- Reprimand a registrant
- Assess an administrative penalty (maximum amount is $1,500 per violation)
- Issue a warning in the form of an Assurance of Voluntary Compliance.
Hearings will be conducted for the Board by the State Office of Administrative Hearings, as authorized by Texas Civil Statutes, Article 6252-13f. Hearings will be conducted in accordance with the Administrative Procedures Act and the rules and regulations of the State Office of Administrative Hearings and Board rules.
This complaint process will not lead to a resolution of a boundary location problem. The only matter this Board can consider is whether or not a registrant has violated the Act and/or Rule of the Board. Only a court of competent jurisdiction can establish the location of a contested boundary.
THE BOARD HAS THE ABILITY TO REPRIMAND, SUSPEND OR REVOKE A REGISTRATION IF THE REGISTRANT HAS VIOLATED A PROVISION OF THE ACT OR RULE OF THE BOARD. THE BOARD CANNOT RECOVER DAMAGES OR RESOLVE POSSESSION OR TITLE PROBLEMS. FEES CHARGED BY SURVEYORS DO NOT COME WITHIN THE JURISDICTION OF THE BOARD.
*PLEASE SEND ALL QUESTIONS, COMMENTS OR CONCERNS IN WRITING TO THE BOARD TO THE ADDRESS AT THE TOP OF THIS PAGE*
Under the authority and provisions of the Professional Land Surveying Practices Act, the Board shall investigate and take action against non-registered individuals for violations of the Act or Rules. Information will be reviewed for a violation of the Act or Rules. If evidence of a violation is found, the non-registered individual will be notified and asked to respond. If no violation is found the matter will be closed and all parties notified. If, after response, a violation is verified the Board can:
- On a first and minor offense, an Assurance of Voluntary Compliance will be offered. If the non-registered individual does not sign the Assurance, the matter will be forwarded to the Attorney Generals Office for adjudication which could result in an Injunction, Class B misdemeanor and the assessing of penalties (a maximum of $1,500 per violation).
- On a second or serious offense, the matter will be forwarded to the Attorney Generals Office for adjudication which could result in an Injunction, Class B misdemeanor and the assessing of penalties.
1917 S. Interstate 35
Austin, TX 78741