#North Carolina Board of Examiners for Engineers and Surveyors

[gettothedancing]

[Michael Jones ] started a one-man drone operation in 2016, and his services included taking aerial photos of land and stitching them together into high-definition orthomosaic maps. He also used drones to capture other data for clients—for example, thermal maps for large buildings. At no point did he purport to mark the legal boundaries of property. Even so, he received a letter in 2018 from the North Carolina Board of Examiners for Engineers and Surveyors. They were investigating his business for engaging in the unlicensed practice of land surveying. And the following summer, the Board formally warned him to stop “mapping.” Unless Michael “came into compliance,” the Board cautioned, he’d face civil and even criminal consequences.

Michael’s experience is far from unique; since 2018, North Carolina’s surveying board has cracked down on at least a half-dozen drone companies. Other states have behaved similarly, warning drone start-ups against disseminating even basic information about land.

Now, Michael is fighting back. He wants to use innovative technology to create and disseminate images and data. In other words, he wants to communicate information—speech. With the help of the Institute for Justice, he is suing North Carolina’s surveying board in federal court to vindicate his—and everyone’s—First Amendment right to generate and disseminate information. It is not the government’s place to squelch speech and entrepreneurial opportunity.

[myfindalawyer-blog]

Professional Licensing Issues In North Carolina

Over a hundred occupations or professions in North Carolina require some kind of license, permit, certification or registration. Without that license or permit, you cannot practice that profession.  With the complex law and administrative rules that govern these professions, it is easy for an individual to become the subject of an investigation or disciplinary action by one of the State's occupational and professional licensing boards or some State agency. An allegation of professional or ethical misconduct is a traumatic experience. After you dedicated your career to your profession, your competence and integrity may now be called into question and your very livelihood may be threatened. Doctors, dentists, veterinarians, lawyers and several other licensed professionals go through years of education, hard work and time away from family and friends leading lives focused on and dedicated to their profession.

Receiving a complaint or an alleged violation from your regulatory board can be a harrowing and traumatic experience. Inquiries from licensing boards generally originate from allegations of substance abuse, a complaint from a client or patient, fee disputes, or illegal advertising. Being licensed professionals ourselves, we understand the stress associated with an alleged violation from your licensing board and the impact that sanctions can have on your business and your reputation. So what happens next after receiving a notification of a grievance or complaint from a professional licensing board? What steps should be taken?  Can a lawyer help with an investigation and possible resulting administrative hearing is an adversarial situation?

The common types of licensed professionals that are faced with these issues are:

Healthcare professionals

Health and appearance professionals

Attorneys

Design, land use and natural resource professionals

Construction trades

CPA's

Inspectors and examiners

Insurance agents

Law enforcement and correctional officers

Real estate and real property appraisal professionals

While every matter is unique, and each agency has its own variations, most professional licensing boards share a common process after notifying you of a pending issue.

Response to the Complaint

Informal Conference and Interview

Probable Cause Review

Formal Disciplinary Proceedings

Appeal

These main elements then have underlying requirements from your licensing board, and some boards are not required to adhere to a structure at all. When your professional or occupational license is in jeopardy, you need a lawyer who can put years of experience defending professionals to work for you.  We strongly urge you to seek competent legal counsel prior to responding to or appearing before your licensing board. When your professional or occupational license is in danger of suspension or revocation, you need a lawyer who can utilize their experience in defending licensed professionals to work for you.

Parry Tyndall White Attorneys At Law have unparalleled expertise in representing clients who face professional or occupational licensure or disciplinary issues before a large number of professional and occupational licensing bodies in North Carolina, including, but not limited to:

Appraisal Board

Board of Examiners for Engineers & Surveyors

Board of Law Examiners

Board of Nursing

Certified Public Accountants Board

Department of Motor Vehicles

Licensing Board for General Contractors

Locksmiths Licensing Board

Pharmacy Board

Real Estate Commission

State Bar

State Board of Education

Call today to set up a free strategy session in North Carolina to resolve all professional licensing and disciplinary issues.

Author Bio:

Attorney Amos Tyndall caters all your legal needs from criminal defense cases throughout North Carolina.