Filing a Complaint
The State Board of Licensure for Professional Engineers exists to protect the public welfare by regulating professional engineering in Maine.
Professional engineering is defined in statute as "any professional service, such as consultation, investigation, evaluation, planning, design or responsible supervision of construction in connection with any public or private utilities, structures, buildings, machines, equipment, processes, works or projects, wherein the public welfare or the safeguarding of life, health or property is concerned or involved, when such professional service requires the application of engineering principles and data." 32 M.R.S.A. §1251(3). There are exemptions from the requirement for professional licensure explained in the statute. Please see 32 M.R.S.A. §1255 for the exemptions.
How to File a Complaint
"Any person may register a complaint of fraud, deceit, gross negligence, incompetency or misconduct against any licensed professional engineer or any engineer-intern. These complaints must be in writing, signed by the individual making the complaint and filed with the board." 32 M.R.S. §1356.
To file a complaint against a licensed professional engineer or certified engineer-intern you must send your signed complaint to:
State Board of Licensure for Professional Engineers
Attn: Complaint Officer
92 State House Station
Augusta, Maine 04333-0092
The signed complaint should include any information relevant to the complaint. Please include the name, address, and license or certificate number of the licensed professional engineer or certified engineer-intern, if known. In addition, please attach copies of any documents that relate to the complaint. Please keep a copy of anything you send to the Board.
What happens after a Complaint is filed
A complaint proceeds in the following manner:
- The Board receives the signed complaint and any supporting documents.
- A copy of the complaint and supporting documents are sent to the licensee with a request that the licensee respond to the complaint in writing.
- After the licensee responds, the Complaint Committee reviews the complaint and the response. The members of the Complaint Committee are: the Complaint Officer (a member of the Board); the Assistant Attorney General assigned to the Board; and the Executive Director of the Board.
- The Complaint Committee may investigate by obtaining additional evidence from the complainant, licensee or others.
- Once the Complaint Committee is satisfied that all relevant information has been gathered, they prepare the complaint for presentation to the Board.
- The Complaint Officer presents the complaint to the Board in a public meeting of the Board. The names of the complainant, licensee and other involved parties are not disclosed to the Board prior to or during this presentation. Notice of the meeting is provided to the complainant and to the licensee, who can attend the public meeting as members of the public. Members of the public do not participate in the Board meeting.
- After the presentation, the Board may take any of the following actions:
- Dismiss the complaint for lack of evidence of a violation
- Stay the proceeding pending further Board action
- Proceed with disciplinary action
- If the Board proceeds with disciplinary action, it can make a settlement offer, order an informational conference, or schedule an adjudicatory hearing.
- The informational conference and/or the adjudicatory hearing are open to the public.
- An adjudicatory hearing is the due process required by statute prior to taking action against a licensee, including imposing conditions, sanctions or discipline.
- Results of Board actions pertaining to complaints are mailed to the individuals involved, including the complainant and the licensee.
- Results of board discipline are public records, and may be published by the Board in its newsletter and posted to the NCEES Enforcement Exchange.