The Uniform Mediation Act should alleviate many of the liability concerns over offering a mediation service. Of course, I would recommend that the peer review members attend mediation training courses offered by the state ADR organizations or, in some cases, the state Bar associations.
JBS
Does being licensed to practice land surveying mean that you forgo your most basic civil liberty of the right to confront your accuser?
> Does being licensed to practice land surveying mean that you forgo your most basic civil liberty of the right to confront your accuser?
No. But the right to confront your accuser does not mean the police (or in this case the Licensing Board) do not have the ability to go out and "look for" issues.
It happens all the time that the police get an anonymous tip and begin to look based on that.
Larry P
> > Does being licensed to practice land surveying mean that you forgo your most basic civil liberty of the right to confront your accuser?
>
> No. But the right to confront your accuser does not mean the police (or in this case the Licensing Board) do not have the ability to go out and "look for" issues.
>
> It happens all the time that the police get an anonymous tip and begin to look based on that.
>
>
> Larry P
So then who is the accuser, the board?
This happened to me one other time, years ago.
Someone (client, surveyor, past employee, trash collector - who knows), sent in an anonymous complaint and it made my life a mess for years.
It's bunk in my book, I should have a right to know who is accusing me.
> Does being licensed to practice land surveying mean that you forgo your most basic civil liberty of the right to confront your accuser?
Of course not, but, everything happens in good time. And,,as they used to say in the old schoolyard, "It's a free country!"
There's a process. If the complaint is unjustified, you will have your time to be heard. For example, you can't just go running into a courthouse right after you are indicted and say "Hey, I didn't do it!"...there has to be a hearing.
And if you are falsely or unjustly accused, there's a process for that too.
That example is closer to the truth than most realize, Larry. The state board is part of the administrative branch which has police powers to investigate and determine qualifications for licensure and renewals. The Board is the "accuser" (prosecutor), not the tipster who gave reason to initiate the investigation. It's not like a civil court where there is a plaintiff and defendant looking for settlement of their differences.
Too many states have set the Board up as not only the "accuser" (prosecutor), but as the jury, judge and executioner. In my opinion, that's too much power and authority to give to a group of persons with a minority of surveyors.
In Utah we've reigned in the power of the Board by making them jurors. The Attorney General's office assigns the prosecutor and the investigative branch is operated by the Division. An impartial Administrative Law Judge holds the hearing.
If the situation involves a failure to meet or maintain license requirements, then its a matter for the board.
If this were a difference of opinion between surveyors, the better format would be to seek resolution through a group of peers best supplied by the society, by a group of its members, or by choice of the parties.
The real difference is whether you're seeking resolution or seeking a pound of flesh.
JBS
> ......If the situation involves a failure to meet or maintain license requirements, then its a matter for the board.
>
> If this were a difference of opinion between surveyors, the better format would be to seek resolution through a group of peers best supplied by the society, by a group of its members, or by choice of the parties.
You don't say what happens in a complaint by a client.
Just curious....
Doug
Different States, Different Rules
http://www.ksbtp.ks.gov/docs/default-document-library/file-a-complaint.pdf?sfvrsn=0
The above clearly indicates that the accuser must be known and willing to participate with the investigation of the situation. No lurking in the shadows cursing the light allowed.
http://ksbtp.ks.gov/docs/default-source/newsletters-2013/july-2013.pdf?sfvrsn=2
The above is the quarterly newletter put out by the Kansas Board to all licensees in the five professions. There are two highly uncommon things about this particular issue. First, none of the disciplinary actions involve land surveying. I think that is a first ever non-occurence. Second, the "file a complaint" form is ALWAYS included for easy print out. This is the first time in years that it does not appear. The disciplinary cases listed this time are apparently quite minor as the mere $5000 cost to the one accused is the highest figure this time. They normally go up from there. The investigation and legal fees are always $4000 or more.
Complaint by a client would involve a breach of contract issue or possibly a negligence action. Those are both civil matters between the parties which should not become issues for the Board. Repeated convictions for negligence by the civil court should come to the attention of the Board as the professional is showing a pattern of gross negligence which is a licensing issue.
The Board doesn't have to do the conviction, that happens in the civil court. The Board action should follow the civil action only when the civil court has found the professional guilty of negligence.
JBS
As it turns out, after being tabled by the big boys, the complaint goes away.
Surveying season is over, it's now time to find Trophy Rack
> Apparently there is or are folks trying to put me under.
>
> Anonymous complaints suck.
>
> If you got a problem with me - CALL ME
>
> Or at least - Put your name on the complaint.
>
> So much for Americanism and having the right to face your accuser !
Umm, that would be "Romanism".
Carry on. 😀
