Yesterday I received a phone call from a new client asking for a price to survey her property. During our conversation she informed me, angrily, about an unfortunate conversation she had with a different surveyor. To summarize, she called a different surveyor and spoke to him for quite some time about her survey. After she informed him that there may be a dispute, he informed her that his license was suspended. He then recommended a different surveyor.
During my correspondence with my new client I asked her for the information of the surveyor she spoke to. She sent me a quick breakdown of the conversation she had with him and multiple links to his current website and to the state published information relating to his suspension.
His license was, in fact, not suspended but revoked. He is advertising on his website that he can perform surveys. To make matters worse his company name uses his full name in the title.
He is a once prominent surveyor here in San Diego who had his license revoked and is continuing to advertise surveying. I have proof that this gentleman (not really) is offering surveying services illegally. Does anyone have some advice on how to rectify this situation?
Unlicensed Surveyor Offering Services
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rpost
- Posts: 169
- Joined: Wed Aug 18, 2010 1:40 pm
- Location: San Diego, CA
Unlicensed Surveyor Offering Services
Ryan Post, LS
ATC Design Group
Escondido, CA
ATC Design Group
Escondido, CA
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Jim Frame
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- Location: Davis, CA
- Contact:
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coast
- Posts: 109
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- Contact:
Unlicensed Surveyor Offering Services
You will not be affecting his reputation, he's already done that.
Turn him in to the board....TODAY!
Turn him in to the board....TODAY!
Ruel del Castillo, PLS 4212
Coast Surveying, Inc.
Coast Surveying, Inc.
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land butcher
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dmi
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rules need to catch up
This is an area where our rules need to catch up with the times. Our rules talk about turning off a violators phone, but we need to change that to include websites that they control, as well other online listings for unlicensed practice.
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rpost
- Posts: 169
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- Location: San Diego, CA
Yeah, I figured that's what you all would say. Unfortunately, I tried to turn someone in a few years ago and the amount of leg work the board wanted me to do was more than I had bargined for. It's too bad I can't just forward an email to the Board with the links and the customer complaint.
What about the JPPC?
I'll keep you all posted.
What about the JPPC?
I'll keep you all posted.
Ryan Post, LS
ATC Design Group
Escondido, CA
ATC Design Group
Escondido, CA
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land butcher
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Glad to hear I wasn't the only one that got the same result.rpost wrote:Yeah, I figured that's what you all would say. Unfortunately, I tried to turn someone in a few years ago and the amount of leg work the board wanted me to do was more than I had bargined for. It's too bad I can't just forward an email to the Board with the links and the customer complaint.
What about the JPPC?
I'll keep you all posted.
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goodgps
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E_Page
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- Location: El Dorado County
Start with a complaint form that includes all of the details you are aware of, including websites (include printout page captures in case the former surveyor gets wise and changes his current mode of advertising). Ask that the enforcement officer assigned to the complaint contact you prior to taking action so that you can ask what else is would be needed and what else would be helpful to effectively pursue the complaint.
The Board has limited resources for investigation, so quite often can only proceed on whatever information the complainant provides. If you don't provide much, they can't do much.
Blatant advertisement in a publication or on the internet is something they can at least see proof of solicitation of survey work. But it doesn't provide evidence of actuallu having done unlicensed work. Getiing evidence of that is a bit more difficult, but if you can get it, it gives the Board much more to work with and a heavier charge to go after him with.
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Good GPS,
The old surveyor, having had his license revoked, presenting it as suspended and still providing surveying services is obviously willfully breaking the law.
In most cases of allegations of violation, I agree, first step is to call the licensee and get the other side of the story.
In this case, his business phone is still connected. He has an active website offering to practice. He spoke to the landowner long enough to have discussed the matter.
If his license was just recently revoked, there may be a reasonable time lag of a few weeks to take care of the details of shutting down business such as disconnecting the phone and discontinuing the website. But upon being asked about performing a survey, the first words out of his moouth should have been "I'm sorry, but I've just recently closed my business (or am in the process of closing my business/recently retired, or something similar) and am not taking on any new work", and then provided a recommendation for another surveyor or simply hung up.
What's he going to say if asked about it? "Oh gee, it momentarily slipped my mind that the Board revoked my license."
He may be in the process of appealing the decision or hoping to have his license reinstated. If that's the case, it may be understandable that he has not shut down phone or website, but he still can't be offering to provide services or discussing projects with prospective clients.
There's no way around it. The guy is out of line and there's no way he can't know that.
If he has a halfway reasonable explanation why his phone and website are still up and why he had a conversation over his business phone with someone looking for a survey, he needs to provide that explanation to the Board. They may see the reason in it and simply warn him. Or if the explanation is BS, they will hopefully take action that will dissuade him and others in his circumstances from acting similarly in the future.
It is only a lynching if several know who this person is apply pressure rather than facts to the Board.
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In case the alleged offender visits and reads this forum, I would suggest that if that person has a reasonable explanation, and especially if hoping for a reinstatement of his license, that he contact someone at the Board (Ric, Ray, or Nancy) before a complaint is turned in and fully disclose the matter. If that person otherwise deserves reinstatement, full disclosure of such an incident with a reasonable explanation of what occurred, how and why, may cause no harm to one's cause for reinstatement. But if the Board gets it first as a complaint, the reinstatement even if otherwise deserved, may get denied without further chance for reconsideration.
Just thinkin,
The Board has limited resources for investigation, so quite often can only proceed on whatever information the complainant provides. If you don't provide much, they can't do much.
Blatant advertisement in a publication or on the internet is something they can at least see proof of solicitation of survey work. But it doesn't provide evidence of actuallu having done unlicensed work. Getiing evidence of that is a bit more difficult, but if you can get it, it gives the Board much more to work with and a heavier charge to go after him with.
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Good GPS,
The old surveyor, having had his license revoked, presenting it as suspended and still providing surveying services is obviously willfully breaking the law.
In most cases of allegations of violation, I agree, first step is to call the licensee and get the other side of the story.
In this case, his business phone is still connected. He has an active website offering to practice. He spoke to the landowner long enough to have discussed the matter.
If his license was just recently revoked, there may be a reasonable time lag of a few weeks to take care of the details of shutting down business such as disconnecting the phone and discontinuing the website. But upon being asked about performing a survey, the first words out of his moouth should have been "I'm sorry, but I've just recently closed my business (or am in the process of closing my business/recently retired, or something similar) and am not taking on any new work", and then provided a recommendation for another surveyor or simply hung up.
What's he going to say if asked about it? "Oh gee, it momentarily slipped my mind that the Board revoked my license."
He may be in the process of appealing the decision or hoping to have his license reinstated. If that's the case, it may be understandable that he has not shut down phone or website, but he still can't be offering to provide services or discussing projects with prospective clients.
There's no way around it. The guy is out of line and there's no way he can't know that.
If he has a halfway reasonable explanation why his phone and website are still up and why he had a conversation over his business phone with someone looking for a survey, he needs to provide that explanation to the Board. They may see the reason in it and simply warn him. Or if the explanation is BS, they will hopefully take action that will dissuade him and others in his circumstances from acting similarly in the future.
It is only a lynching if several know who this person is apply pressure rather than facts to the Board.
---------------------------------------------------
In case the alleged offender visits and reads this forum, I would suggest that if that person has a reasonable explanation, and especially if hoping for a reinstatement of his license, that he contact someone at the Board (Ric, Ray, or Nancy) before a complaint is turned in and fully disclose the matter. If that person otherwise deserves reinstatement, full disclosure of such an incident with a reasonable explanation of what occurred, how and why, may cause no harm to one's cause for reinstatement. But if the Board gets it first as a complaint, the reinstatement even if otherwise deserved, may get denied without further chance for reconsideration.
Just thinkin,
Evan Page, PLS
A Visiting Forum Essayist
A Visiting Forum Essayist
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TIB
- Posts: 160
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Once prominent in SD huh
Prominent in his own mind only. My wild guess = #4368