Professional Engineers Of North Carolina

SPR 2014

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23 Spring 2014 the Professional Engineer Douglas Jeremiah practices construction law in the Raleigh ofce of Conner Gwyn Schenck PLLC, a construction law frm with ofces in Raleigh and Greensboro. He received his B.S. in Civil Engineering from Virginia Polytechnic Institute & State University. He received his J.D. from the University of North Carolina at Chapel Hill. Prior to law school, he worked as a project development engineer with NCDOT in Raleigh. If you have a question or topic for a future column, please email him at djeremiah@cgspllc.com. Let us put our community relationships and local understanding to work for you to achieve outstanding results ARCHITECTS ENGINEERS CONSULTANTS www.dewberry.com APA is silent, the North Carolina Rules of Civil Procedure apply to the hearing. Subpoenaing of documents and witnesses for depositions is allowed. Te board will make its witness statements available to the licensee in advance of the hearing, and the licensee may use the statements during cross-examination. Te board will render its decision within 90 days after the hearing. Te licensee has a right to appeal the board's decision to the Wake County Superior Court or the county where the licensee resides. Te decision of the superior court may be appealed to the N.C. Court of Appeals. At any given time there is usually one appeal of a contested case hearing pending the appeals court because of the length of the process. If the board disciplines a licensee in North Carolina, or even just investigates, the licensee may be required to report the disciplinary action and/or investigation to the licensing authority in other states where he or she is licensed. Tis typically comes up during the annual license renewal questionnaire for each state. Careful attention must be paid to the specifc language used in the question. Each state phrases the question slightly diferent, and there may be diferent responses in diferent states. Tere are some states that will impose their own disciplinary action on top of North Carolina's — for the same issue — even though it did not occur in that state. If a license is revoked, it is common for other states to revoke their license, too. Te large majority of licensees will not have to deal with a complaint brought against him or her to the board. For those who do, however, it is best to treat the complaint very seriously. Obviously, suspension or revocation of the profes- sional engineer's license can be devastat- ing to a career. When a complaint is brought against a licensee, the licensee should consider retaining an attorney as early in the process as possible in order to protect his/her rights. Legal_Winter14.indd 23 3/27/14 11:35 AM

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