2009 California Business and Professions Code - Section 8780-8785 :: Article 6. Disciplinary Proceedings

8780.  The board may receive and investigate complaints against
licensed land surveyors and registered civil engineers, and make
findings thereon.
   By a majority vote, the board may reprove, suspend for a period
not to exceed two years, or revoke the license or certificate of any
licensed land surveyor or registered civil engineer, respectively,
licensed under this chapter or registered under the provisions of
Chapter 7 (commencing with Section 6700), whom it finds to be guilty
of:
   (a) Any fraud, deceit, or misrepresentation in his or her practice
of land surveying.
   (b) Any negligence or incompetence in his or her practice of land
surveying.
   (c) Any fraud or deceit in obtaining his or her license.
   (d) Any violation of any provision of this chapter or of any other
law relating to or involving the practice of land surveying.
   (e) Any conviction of a crime substantially related to the
qualifications, functions, and duties of a land surveyor. The record
of the conviction shall be conclusive evidence thereof.
   (f) Aiding or abetting any person in the violation of any
provision of this chapter.
   (g) A breach or violation of a contract to provide land surveying
services.
   (h) A violation in the course of the practice of land surveying of
a rule or regulation of unprofessional conduct adopted by the board.

8780.1.  The board may receive and investigate complaints against
land surveyors-in-training and make findings thereon.
   By a majority vote, the board may revoke the certificate of any
land surveyor-in-training:
   (a) Who has been convicted of a crime as defined in subdivision
(a) of Section 480.
   (b) Who has committed any act that would be grounds for denial of
a license pursuant to Section 480 or 496.
   (c) Who has been found guilty of any fraud, deceit, or
misrepresentation in obtaining his or her land surveyor-in-training
certificate or license as a professional land surveyor.
   (d) Who aids or abets any person in the violation of any provision
of this chapter.
   (e) Who violates Section 119 with respect to a land
surveyor-in-training certificate.
   (f) Who commits any act described in Section 8792.
   (g) Who violates any provision of this chapter.

8781.  The proceedings under this article shall be conducted in
accordance with Chapter 4 (commencing with Section 11370), Chapter
4.5 (commencing with Section 11400), and Chapter 5 (commencing with
Section 11500) of Part 1 of Division 3 of Title 2 of the Government
Code, and the board shall have all the powers granted therein.

8783.  A plea or verdict of guilty or a conviction following a plea
of nolo contendere made to a charge substantially related to the
qualifications, functions and duties of a land surveyor is deemed to
be a conviction within the meaning of this article. The board may
order the license or certificate suspended or revoked, or may decline
to issue a license or certificate, when the time for appeal has
elapsed, or the judgment of conviction has been affirmed on appeal or
when an order granting probation is made suspending the imposition
of sentence, irrespective of a subsequent order under the provisions
of Section 1203.4 of the Penal Code allowing such person to withdraw
his plea of guilty and to enter a plea of not guilty, or setting
aside the verdict of guilty, or dismissing the accusation,
information or indictment.

8784.  The board may reissue a license to any person, whose license
has been revoked, if a majority of the members of the board vote in
favor of such reinstatement, for reasons the board may deem
sufficient.

8785.  (a) A petitioner may petition the board for reinstatement or
modification of penalty, including reduction, modification, or
termination of probation, after the following minimum periods have
elapsed from the effective date of the decision ordering the
disciplinary action, or if the order of the board or any portion of
it is stayed by a court of law, from the date the disciplinary action
is actually implemented in its entirety:
   (1) Except as otherwise provided in this section, at least three
years for reinstatement of a license or certificate that was revoked
or surrendered. However, the board may, in its sole discretion,
specify in its order of revocation or surrender a lesser period of
time that shall be at minimum one year.
   (2) At least two years for early termination of a probation period
of three years or more.
   (3) At least one year for early termination of a probation period
of less than three years.
   (4) At least one year for reduction or modification of a condition
of probation.
   (b) The board shall notify the Attorney General of the filing of
the petition. The petitioner and the Attorney General shall be given
timely notice by letter of the time and place of the hearing on the
petition, and the petitioner and the Attorney General shall be given
the opportunity to present both oral and documentary evidence and
argument to the board. The petitioner shall at all times have the
burden of proof to establish by clear and convincing evidence that he
or she is entitled to the relief sought in the petition.
   (c) The board itself or an administrative law judge, if one is
designated by the board, shall hear the petition and shall prepare a
written decision setting forth the reasons supporting the decision.
   (d) The board may grant or deny the petition or may impose any
terms and conditions that it reasonably deems appropriate as a
condition of reinstatement or reduction or modification of the
penalty.
   (e) No petition shall be considered while the petitioner is under
sentence for any criminal offense, including any period during which
the petitioner is on court-imposed probation or parole. No petition
shall be considered while there is an accusation or petition to
revoke probation pending against the petitioner.
   (f) The board may, in its discretion, deny without hearing or
argument any petition that is filed pursuant to this section within a
period of two years from the effective date of a prior decision
following a hearing under this section.
   (g) Judicial review of the board's decision following a hearing
under this section may be sought by way of a petition for writ of
administrative mandamus pursuant to Section 1094.5 of the Code of
Civil Procedure. The party seeking to overturn the board's decision
shall have the burden of proof in any mandamus proceeding. In the
mandamus proceeding, if it is alleged that there has been an abuse of
discretion because the board's findings are not supported by the
evidence, abuse of discretion is established if the court determines
that the findings are not supported by substantial evidence in light
of the whole record.
   (h) For the purposes of this section, "petitioner" means a
professional land surveyor or licensed civil engineer or a land
surveyor-in-training whose license or certificate has been revoked,
suspended, or surrendered or placed on probation.