SECTIONS 6770-6770.6 - California Statutes

BUSINESS AND PROFESSIONS CODE

SECTION 6770-6770.6

6770. (a) A licensee shall report to the board in writing the
occurrence of any of the following events that occurred on or after
January 1, 2008, within 90 days of the date the licensee has
knowledge of the event:
(1) The conviction of the licensee of any felony.
(2) The conviction of the licensee of any other crime that is
substantially related to the qualifications, functions, and duties of
a licensed professional engineer.
(3) Any civil action judgment, settlement, arbitration award, or
administrative action resulting in a judgment, settlement, or
arbitration award against the licensee in any action alleging fraud,
deceit, misrepresentation, breach or violation of contract,
negligence, incompetence, or recklessness by the licensee in the
practice of professional engineering if the amount or value of the
judgment, settlement, or arbitration award is fifty thousand dollars
($50,000) or greater.
(b) The report required by subdivision (a) shall be signed by the
licensee and set forth the facts that constitute the reportable
event. If the reportable event involves the action of an
administrative agency or court, the report shall set forth the title
of the matter, court or agency name, docket number, and the date the
reportable event occurred.
(c) A licensee shall promptly respond to oral or written inquiries
from the board concerning the reportable events, including inquiries
made by the board in conjunction with license renewal.
(d) Nothing in this section shall impose a duty upon any licensee
to report to the board the occurrence of any of the events set forth
in subdivision (a) either by or against any other licensee.
(e) Failure of a licensee to report to the board in the time and
manner required by this section shall be grounds for disciplinary
action.
(f) For the purposes of this section, a conviction includes the
initial plea, verdict, or finding of guilt; a plea of no contest; or
pronouncement of sentence by a trial court even though the conviction
may not be final or sentence actually imposed until all appeals are
exhausted.

6770.1. Within 30 days of entry of a conviction described in
paragraphs (1) and (2) of subdivision (a) of Section 6770 or a
judgment described in paragraph (3) of subdivision (a) of Section
6770 by a court of this state that has been notified that the
defendant is a licensee of the board, the court that rendered the
conviction or judgment shall report that fact to the board and
provide the board with a copy of the conviction or judgment and any
orders or opinions of the court accompanying or ordering the
conviction or judgment.

6770.2. (a) Within 30 days of payment of all or any portion of any
civil action judgment, settlement, or arbitration award described in
Section 6770 against a licensee of the board in which the amount or
value of the judgment, settlement, or arbitration award is fifty
thousand dollars ($50,000) or greater, any insurer providing
professional liability insurance to that licensee shall report to the
board the name of the licensee; the amount or value of the judgment,
settlement, or arbitration award; the amount paid by the insurer;
and the identity of the payee.
(b) Within 30 days of payment of all or any portion of any civil
action judgment, settlement, or arbitration award described in
Section 6770 against a licensee of the board in which the amount or
value of the judgment, settlement, or arbitration award is fifty
thousand dollars ($50,000) or greater, any state or local government
agency that self insures that licensee shall report to the board the
name of the licensee; the amount or value of the judgment,
settlement, or arbitration award; the amount paid; and the identity
of the payee.

6770.3. The requirements of Sections 6770, 6770.1, and 6770.2 shall
apply if a party to the civil action, settlement, or arbitration
award is or was a sole proprietorship, partnership, firm,
corporation, or state or local government agency in which the
licensee is or was an owner, partner, member, officer, or employee
and is or was the licensee in responsible charge of that portion of
the project that was the subject of the civil judgment, settlement,
or arbitration award.

6770.4. (a) Notwithstanding any other provision of law, a licensee
shall not be considered to have violated a confidential settlement
agreement or other confidential agreement by providing a report to
the board as required by this article.

6770.5. The board may adopt regulations to further define the
reporting requirements of Sections 6770, 6770.1, and 6770.2.

6770.6. This article shall become operative on January 1, 2008,
only if an appropriation is made from the Professional Engineer's and
Land Surveyor's Fund for the 2007-08 fiscal year in the annual
Budget Act to fund the activities of this article, and sufficient
hiring authority is granted to the board pursuant to a budget change
proposal to provide sufficient staffing to implement this article.