Contributor: Jordan Ellis
As a professional engineer, I know that licensure is more than a credential. It’s a public trust. When we use the title “engineer”, we’re making a promise to protect public safety, act with integrity, and uphold our profession’s reputation.
But I also know that many of us worry, sometimes quietly, about disciplinary actions. Maybe you’ve wondered: What exactly will the Board discipline you for? What does the process look like? And how bad are the penalties?
I want to share what I’ve learned about how the New Mexico Board of Licensure for Professional Engineers and Professional Surveyors handles disciplinary actions. I’ll explain the grounds for discipline, the types of penalties they can impose, how the process works, and real cases to show you how these rules are enforced.
Check out my article What are the Most Common Ethics Violations for Professional Engineers.
Grounds for Disciplinary Action in New Mexico
First, let’s be clear about what can get you in trouble with the Board. Under the Engineering and Surveying Practice Act and Board rules, the Board can discipline us for:
- Practicing or offering to practice engineering without a valid license. If your license has expired, you’re unlicensed, period.
- Using someone else’s license or pretending to be licensed when you’re not.
- Providing false or forged information to the Board (think: lying on an application or forging documents).
- Violating the Board’s rules of professional conduct, which include honesty, competence, and ethical obligations.
- Being disciplined in another state for something that would violate New Mexico’s rules.
- Felony convictions, especially those involving dishonesty or moral turpitude.
- Failure to comply with the Uniform Licensing Act, which governs licensing procedures.
- Practicing outside of your competence, including taking on work you’re not trained or qualified to do.
These aren’t obscure technicalities. They’re clear expectations meant to protect the public and keep our profession trusted.
Types of Disciplinary Actions
What happens if you violate one of those rules? The Board has several tools at its disposal. And the severity of the penalty usually matches the seriousness of the violation.
- Reprimand: A formal letter of censure. It’s public and on your record.
- Fines: Up to $7,500 per violation. The dollar value can be significant.
- Probation: You keep your license, but with conditions, such as supervision or training.
- Suspension: Your license is temporarily invalid. You can’t practice during this period.
- Revocation: Your license is canceled. You can’t practice at all.
- Refusal to Renew: The Board can simply not renew your license if you’re in violation.
The Disciplinary Process
One thing I appreciate about our Board is that there is a defined process. Here’s how it works:
1. Complaint
- Someone files a sworn, written complaint with the Board’s Executive Director.
- This could be a client, colleague, regulator—anyone with reason to believe there’s a violation.
2. Investigation
- The Board’s Compliance Officer and Investigator look into it.
- They’ll gather evidence, interview people, and prepare a report.
3. Committee Review
- That report goes to the Professional Engineering Committee or Professional Surveying Committee.
- They analyze the evidence and make a recommendation.
4. Board Decision
5. Enforcement
- If you don’t comply with the Board’s orders, they can even seek judicial enforcement.
Real-World Disciplinary Cases: Lessons We Can Learn
I want to share a few actual (but anonymized) disciplinary cases from New Mexico. These are real, drawn from Board actions, but with first names swapped in for privacy.
CASE 1: Issued-Default-Order-ADO-01-10-2023
Violation:
Failure to respond to PDH audit.
Basis of Board Action:
Selected for PDH audit for the 2022–2024 cycle but failed to respond to multiple audit notices.
Section 16.39.2.12 NMAC allows Board action if a licensee fails to respond to an audit.
Board issued Default Order based on non-response.
Penalty:
License suspended until compliance.
Must provide audit records and demonstrate compliance to reinstate license.
$1,000 fine.
CASE 2: PE-2023-Issued-Pre-NCA-Settlement-Agreement
Violation:
Unlicensed practice of engineering.
Basis of Board Action:
Prepared, signed, and submitted engineering designs and documents while license was expired.
Performed and offered engineering services without an active license.
Penalty:
$2,500 fine.
Letter of reprimand.
CASE 3: PE-2023-Issued-Pre-NCA-Settlement-Agreement
Violation:
Practiced engineering without an active license.
Basis of Board Action:
Signed, sealed, and submitted engineering documents while unlicensed in New Mexico.
Penalty:
$1,500 fine.
Letter of reprimand.
CASE 4: PE-2023-Issued-Pre-NCA-Settlement-Agreement
Violation:
Unlicensed practice of engineering.
Basis of Board Action:
Prepared, signed, and submitted engineering designs and documents without an active license.
Penalty:
$1,000 fine.
Letter of reprimand.
CASE 5: AH-11-12-2024-Issued-Pre-NCA-Settlement-Agreement
Violation:
Practiced engineering without a valid license.
Basis of Board Action:
Prepared, signed, and submitted documents while unlicensed.
Penalty:
$1,000 fine.
Letter of reprimand.
CASE 6: BCC-12-21-2022-Issued-Pre-NCA-Settlement-Agreement
Violation:
Unlicensed practice of engineering.
Basis of Board Action:
Prepared, signed, and submitted engineering documents without an active license.
Penalty:
$2,500 fine.
Letter of reprimand.
CASE 7: DHR-02-21-2023-Issued-Pre-NCA-Settlement-Agreement
Violation:
Practiced engineering without an active license.
Basis of Board Action:
Signed, sealed, and submitted engineering documents without a valid license.
Penalty:
$1,500 fine.
Letter of reprimand.
CASE 8: MDC-12-09-2024-Pre-NCA-Settlement-Agreement-Issued
Violation:
Practiced engineering without an active license.
Basis of Board Action:
Prepared, signed, and submitted engineering documents while unlicensed.
Penalty:
$1,000 fine.
Letter of reprimand.
CASE 9: RPB-03-03-2025-Issued-Pre-NCA-Settlement-Agreement
Violation:
Offered and practiced engineering without an active license.
Basis of Board Action:
Signed and submitted engineering documents while unlicensed in New Mexico.
Penalty:
$1,500 fine.
Letter of reprimand.
CASE 10: WMM-11-16-2024-Issued-Pre-NCA-Settlement-Agreement
Violation:
Practiced engineering without an active license.
Basis of Board Action:
Prepared, signed, and submitted engineering documents while unlicensed in New Mexico.
Penalty:
$2,500 fine.
Letter of reprimand.
Here’s a table summarizing the disciplinary cases from the New Mexico board.:
| Case ID | Description of Violation | Penalty | Fine |
| CASE 11: Issued-Default-Order-ADO-01-10-2023 | Failure to respond to PDH audit. | License suspended until compliance; audit required | $1,000 |
| CASE 1: PE-2023 | Failure to respond to PDH audit. | 60-day suspension stayed with probation; ethics course; complete missing PDH | $1,000 |
| CASE 4: PE-2023 | Failure to respond to PDH audit. | 60-day suspension stayed with probation; ethics course; complete missing PDH | $1,000 |
| CASE 5: PE-2023 | Failure to respond to PDH audit. | 60-day suspension stayed with probation; ethics course; complete missing PDH | $1,000 |
| CASE 9: PE-2023 | Failure to respond to PDH audit. | 60-day suspension stayed with probation; ethics course; complete missing PDH | $1,000 |
| CASE AH: 11-12-2024 | Failure to respond to PDH audit. | 60-day suspension stayed with probation; ethics course; complete missing PDH | $1,000 |
| CASE BCC: 12-21-2022 | Failure to respond to PDH audit. | 60-day suspension stayed with probation; ethics course; complete missing PDH | $1,000 |
| CASE DHR: 02-21-2023 | Failure to respond to PDH audit. | 60-day suspension stayed with probation; ethics course; complete missing PDH | $1,000 |
| CASE MDC: 12-09-2024 | Failure to respond to PDH audit. | 60-day suspension stayed with probation; ethics course; complete missing PDH | $1,000 |
| CASE RPB: 03-03-2025 | Failure to respond to PDH audit. | 60-day suspension stayed with probation; ethics course; complete missing PDH | $1,000 |
| CASE WMM: 11-16-2024 | Failure to respond to PDH audit. | 60-day suspension stayed with probation; ethics course; complete missing PDH | $1,000 |
Conclusion: Staying Compliant and Protecting Your Career
As professional engineers, our licenses are both a privilege and a responsibility. Disciplinary cases remind us that even small oversights, like missing a continuing education audit, can lead to significant consequences. By understanding the rules, maintaining honest records, and practicing within our competence, we not only protect ourselves but also uphold the integrity of the profession. Let’s stay vigilant, informed, and committed to the high ethical standards that our work demands.