Written by: Jordan Ellis, PE
Published: November 21, 2025
Your license is the most valuable asset you own. It’s the culmination of years of education, rigorous exams, and supervised experience. It’s not just permission to practice engineering – it’s a symbol of public trust.
But that trust is fragile. The mechanism that grants the license – the state board – also has the power to take it away or severely restrict it. Disciplinary action is the nuclear option. As professional engineers, we have a fiduciary and ethical duty to understand the board’s power to protect our careers and the public we serve.
This guide is a sober look at the disciplinary process. It’s not about scare tactics; it’s about providing the practical knowledge needed to navigate the statutes and rules that govern our profession.
The Disciplinary Process: From Complaint to Final Decision
A disciplinary case is a formal, legal proceeding handled entirely by the state board that issued your license. Understanding the steps is the only way to effectively respond when a complaint is filed against you or your firm.
1. The Complaint and Initial Investigation
The disciplinary case begins when a complaint is filed. This is often initiated by a client, a local building department, a competitor, or even a peer who reports potential unprofessional conduct. The board is mandated by state laws to investigate every written complaint it receives. This initial investigation is done by the board’s staff and legal counsel, who gather preliminary evidence and witness statements.
2. Negotiation: Agreed Orders and Settlement Agreements
In many cases, the board’s investigative team will find sufficient evidence to proceed. At this point, the professional engineer is typically offered a chance to resolve the matter without a formal, public hearing.
- Consent Order or Settlement Agreement: These are formal, voluntary agreements where the engineer accepts responsibility for the alleged violation and agrees to a penalty. Signing a consent order or a settlement agreement avoids a costly and time-consuming public hearing, though the board action is still public record.
- Agreed Order: This is similar to a settlement agreement, representing a resolution where the professional accepts the order findings regarding the facts and waives their right to an appeal.
3. Formal Hearing and Final Disciplinary Decision
If a settlement agreement cannot be reached, the case proceeds to a formal administrative hearing. The board acts as the judge and jury. Following the hearing, the board issues a final disciplinary decision, which outlines the specific findings of the violation and the corresponding penalty. This decision becomes a matter of final public record.
Common Causes of Unprofessional Conduct and Board Action
Disciplinary actions are triggered when a PE or firm fails to uphold the ethical and technical statutes that govern engineering practice. Based on board history, these are the most common reasons a professional faces a complaint:
- Negligence and Incompetence: This is the most frequent trigger. It involves errors in design, failure to follow rules or applicable codes, failure to perform due diligence, or approving engineering work outside one’s area of expertise. A common case involves structural failure due to flawed calculations.
- Unprofessional Conduct (Fraud and Deceit): This category covers ethical breaches, such as:
- Failure to disclose a conflict of interest.
- Misrepresenting education or experience on a resume.
- Falsifying records or altering documents.
- Bribes or kickbacks.
- Improper Sealing: This includes violations that seem minor but carry heavy penalties, such as stamping plans prepared by others, failing to personally review the work before sealing, or allowing a non-licensed person to use a digital seal.
- Non-Compliance: Failing to maintain continuing education or practicing with a lapsed license. While often resolved with a fine, persistent non-compliance can lead to serious board action.
The Consequences: Reprimands, Penalties, and Final Orders
The penalties issued by the state board are designed to deter future violations and protect the public. The severity of the penalty depends entirely on the nature of the violation and the history of the professional involved.
- License Reprimand: This is the lowest-level action. The board issues a formal, public statement acknowledging the violation. The PE is typically allowed to continue practicing without restriction, but the license reprimand is recorded in the public record.
- Civil Penalty / Fine: The board assesses a civil penalty (a monetary fine) that the PE must pay. Amounts vary widely by state and the severity of the violation, but can be substantial. Often, the professional is fined in addition to receiving a license reprimand or probation.
- Suspension and Revocation: This is the most severe penalty. A board can suspend a professional engineer’s license for a defined period (e.g., six months) or permanently revoke it. Revocation effectively ends the individual’s ability to practice engineering within that jurisdiction.
- Probation and Monitoring: The board may allow the PE to continue practicing but impose strict conditions, such as required supervision, additional continuing education courses in a specific area, mandatory ethics reviews, or auditing of future projects. This order remains in effect until the professional demonstrates full compliance with all requirements.
Disciplinary actions are public record. A final disciplinary decision can follow a professional’s career indefinitely, affecting their ability to secure new projects, obtain insurance, or work for major firms.
Frequently Asked Questions
What is the most common disciplinary action taken by licensure boards?
The most common board action is the issuance of a formal license reprimand combined with a civil penalty (fine). This allows the board to formally acknowledge the violation and enforce accountability without completely revoking the individual’s ability to earn a living.
What happens if an engineer breaks the code of ethics?
Breaking the code of ethics is typically classified as unprofessional conduct. If the complaint is proven, the board may issue an agreed order or final disciplinary decision resulting in penalties such as a license reprimand, a large fine, mandatory remedial education courses, or license suspension.
Can a PE license be revoked?
Yes, a professional engineer’s license can be revoked. Revocation is reserved for the most serious cases of unprofessional conduct, gross negligence, or persistent violations of statutes and rules that demonstrate a clear disregard for the public safety.
Can engineers be sued personally?
Yes. While liability often falls on the firm, the individual professional engineer who seals the documents can be—and often is—sued personally for negligence and errors that result in damages or injury.