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Revocation of License or Board Discipline

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dmyhill
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All that and only 2 years and $1,000


 
Posted : June 16, 2021 11:28 am
dmyhill
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@holy-cow?ÿ

Either surveyors have a lot more exposure than engineers to such actions, or engineers are a lot better professionals. While the second may be true, the first is certainly true IMHO. Those of us who deal with what I call "retail", meaning cold calls for private lot surveys, are far more likely to be reported for a number of reasons. Low budgets (lower budgets = higher risk), clients unhappy with results (no matter how well the work was done), multiple people can be offended by a single set monument, short term relationships, dealing with emotionally charged property (fight or flight instinct in regards to homestead), etc etc etc


 
Posted : June 16, 2021 11:33 am
dmyhill
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@tom-bushelman?ÿ

In WA, if the crime doesn't directly relate to the profession, then it isn't supposed to be used as a basis for revocation or denial.


 
Posted : June 16, 2021 11:35 am
holy-cow
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@dmyhill?ÿ

Engineers work in an extremely wide variety of specific areas which greatly reduces the odds of being viewed as a direct competitor who is taking needed income away from another engineer working the same small geographic area.?ÿ Surveyors are far more likely to be attempting to get the same job, in general.

A mechanical engineer would not normally be in local competition with an electrical engineer or agricultural engineer.?ÿ I believe the vast majority of complaints that lead to revocation of a license are submitted by their peers.?ÿ Sure, there are some submitted by disgruntled clients, but those would be in the minority when revocation is carried out by the review board.


 
Posted : June 16, 2021 11:47 am
nate-the-surveyor
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https://surveyorconnect.com/community/business-finance-legal/what-would-you-do-355967/#post-355970

?ÿ


 
Posted : June 16, 2021 7:06 pm

WarrenWard
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I've submitted 7 major complaints resulting in 3 revocations. I also testified in 8 lawsuits resulting in several revocations but did not submit the complaint. My observation is that most complaints get resolved well before revocation. I also submitted a few fairly minor complaints but stopped doing that long ago - we all have minor violations - its not a perfect profession, but my whole story is about the few that work way outside the bar. As an aspiring surveyor in the 80's, I competed against a dishonest, incompetent blithering idiot, who did most of the work by far, ran two crews for 33 years, while those of us hard working and hard studying professionals literally ran out of work because the dishonest, incompetent blithering idiot did 90% of the work by charging 2 bits per job. in my small community the clients all knew well that they were hiring a dishonest, incompetent blithering idiot, but since he charged less, they chose him over the rest of us. He butchered my county for decades, and I can show you cases that are still hurting people today. Is it ok that most of the landowners in a community hire someone they know is a dishonest, incompetent blithering idiot because he charges less? I assure you that it is not ok. incompetent surveyors cause really big problems for innocent landowners, not just the ones who paid 2 bits, and it makes the profession of land surveying look to many like... well....like we are all a bunch of dishonest incompetent blithering idiots. they don't understand what we are talking about. they get frustrated when we try to explain to them what the problem is - the 2 bit dishonest piece of paper looks just fine to them. I have been actually BLAMED for screwing up boundaries that were actually fraudulent when I discovered them the thing I really resented was how the public views our profession - why does the public have a choice? should not the public only be able to choose competent surveyors? the harm this causes is INCREDIBLE. a typical botched survey causes YEARS of headaches and legal problems for landowners. I would argue that we CAN'T allow this to happen - we are the only group that can make a difference. I have been heckled plenty for advocating for raising the bar - I believe in C.E. and some formal education to enhance our great tradition of apprenticeship. the idiot I knew was plenty intelligent - he taught himself a lot about our profession and had decades of experience - but quite obviously those two attributes does nothing to show the public that we see this as a serious profession - (i have also told the same story many times of my own mentors failing me tremendously). How then, did an incompetent, blithering idiot get a surveyors license? I studied my butt off and still barely passed. thanks to all of the working surveyors in our country who fought to raise the bar - that man would not get a license today even with 35 years of experience and a lot of self taught book reading. When those in our profession do not work to raise the bar - it doesn't get raised, and the bar has been raised.


 
Posted : June 16, 2021 10:18 pm
holy-cow
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Here, here, Warren.?ÿ Sloppiness is one thing.?ÿ Not caring is quite another.?ÿ Those who don't care about doing the job correctly need to lose their license.

We had a fellow years ago who was unlicensed doing surveys.?ÿ Amazingly, his solutions were precisely where his clients thought their boundaries should be.?ÿ His survey might conform to fences and mow lines quite well, but the true property lines were somewhere else.?ÿ He didn't have a license to lose but the BOR convinced him sufficiently to get him to stop.


 
Posted : June 17, 2021 8:45 am
jitterboogie
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Stupid question...?ÿ

Why does everyone keep referring to these morons as Surveying without a License, and not just plainly calling it the crime of impersonation of a legal profession, which by almost all standards constitutes Fraud, and largely a punishable crime in most states as a felony, or high misdemeanor.

I feel by saying they're Surveying without A license it waters down the actual problem, makes it seem like anyone can do this as long as you don't get caught, and if you do, consequences are minimal at best..?ÿ?ÿ

?ÿ

I guess I found something else besides a 3ft flame that burns my arse....


 
Posted : June 17, 2021 8:54 am
mathteacher
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@warrenward?ÿ

Larceny can be in the hearts of many on both sides of a surveying transaction. I have neighbors who always know someone who "can do it a lot cheaper than that!" Unfortunately, such statements also include electrical work, plumbing, septic, appliances and a whole host of things where you're a lot better off seeking experts.

I just tell them that I'm accustomed to paying full price plus 20% and that they should just go away.

?ÿ


 
Posted : June 17, 2021 9:07 am
WarrenWard
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@mathteacher I would argue that the average consumer when choosing between proposals among a group of plumbers, lawyers, electricians, mechanics, or website designers, and in each group is one known, incompetent blithering idiot proposing to do the same job for 2 bits that the others are proposing for a professional fee, would instinctively shy away from the blithering idiot, and instinctively suspect that by paying 2 bits, they won't actually be saving money but buying bigger problems. Surveying, in stark contrast, is not treated that way. The average citizen looks at similar pieces of paper with similar looking numbers and lines, and a similar stamp, and believe in their hearts and minds that they are saving money by paying 2 bits when all the other jokers want to charge a professional fee FOR THE SAME THING. I have direct experience with this phenomenon. It hurts many other people than the landowner. A surveyor can't go anywhere in my county without encountering a fraudulent survey then having to spend a lot of hours explaining why it is fraudulent. this is harmful to both our profession and our society. we surveyors are the only ones that can raise the bar to protect the public.

?ÿ


 
Posted : June 17, 2021 7:51 pm

holy-cow
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@warrenward?ÿ

Unfortunately, professional firms are lumped in with the potential bidders for office cleaning services.?ÿ The current janitorial service has been charging $250 per week for a specific situation.?ÿ An Invitation to Bid is sent out with all but one potential provider listing a bid of $200 to $275 per week.?ÿ The outlier's bid is $50 per week.?ÿ Red flags should appear immediately as to how can this firm actually do a proper job for one-fifth of alternative providers.?ÿ Sadly, people aren't that smart when it comes to picking a surveyor.


 
Posted : June 17, 2021 8:03 pm
thebionicman
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@jitterboogie?ÿ

You were very close on your initial description. After walking through a few cases of unlicensed practice, I believe false personation is the best charge.

Unlicensed practice is a misdemeanor here. That means a one year statute of limitations. By the time the AG investigates and the first hearing comes up it has to be dismissed.

Fraud is too difficult to prosecute and has elements that may not be present.

False personation is a felony and many cases check all the boxes.

Every State has a best fit charge. Most send unlicensed practice through the criminal system. The Boards only have authority over licencees and certificate holders. Every professional society should know the process and players well. As Boards are stripped of authority across the country we need to learn to police our own. That includes walking the public through taking crooks to task...


 
Posted : June 17, 2021 8:09 pm
jitterboogie
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@thebionicman?ÿ

Ye verily!

????


 
Posted : June 17, 2021 8:36 pm
mathteacher
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@warrenward?ÿ

I agree. You can't touch, feel, or smell a survey, so to too many people, it's not worth much.

An old CEO that I served had a great over-arching philosophy. He said, "You should always pay for information, regardless of the cost." A survey and its related marks and documents is information of the highest value.

On the other hand, another CEO that I served needed some extensive and expensive dental work done. He not only shopped the job, he negotiated the price down with his final choice.

I usually just pay people what they ask for their services.


 
Posted : June 18, 2021 5:50 am
aliquot
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@jitterboogie?ÿ

It's only fraud if the unlicensed surveyor presented themselves as a licenced surveyor.?ÿ


 
Posted : June 18, 2021 10:52 am

jitterboogie
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@aliquot?ÿ

Understood. So by not saying they are not automatically implied they are acting fraudulently.

The crime of omission.

???? ??? ?????ÿ


 
Posted : June 18, 2021 10:56 am
BStrand
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@dmyhill?ÿ

Same with Idaho.?ÿ It's the most interesting part of the magazine actually.?ÿ heh


 
Posted : June 27, 2021 9:41 am
Skeeter1996
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I know of one in my State that recently had his license revoked for a Felony Drug conviction. He's now working for the County reviewing our surveys before they can be filed.????


 
Posted : June 27, 2021 12:33 pm
jitterboogie
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@skeeter1996?ÿ

Wait...

What?????

?ÿ


 
Posted : June 27, 2021 12:42 pm
Skeeter1996
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@jitterboogie Yep, no lie. His father was once the County Land Surveyor. Now it's "Do as I say, Not as I did".

?ÿ


 
Posted : June 27, 2021 1:27 pm

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