Section 1380.305  Professional Engineer Complaint Committee

a)         The Professional Engineer Complaint Committee of the State Board of Professional Engineers authorized by Sections 7 and 26 of the Act shall be composed of 2 members the State Board of Professional Engineers, a Supervisor over Design Investigations and a Chief of Prosecutions over Design Prosecutions.  The Director of Enforcement shall designate the Supervisor and Chief assigned to the Complaint Committee.

b)         The Complaint Committee shall meet at least once every 2 months to exercise its functions and duties set forth in subsection (c).  The Complaint Committee may meet concurrently with the Complaint Committees of the Architecture Licensing Board, Land Surveyors Examining Board and the Structural Engineering Board to discuss interrelated professional matters.  The Complaint Committee shall make every effort to consider expeditiously and take prompt action on each case file.

c)         The Complaint Committee shall have the following duties and functions:

1)         To review investigative case files after an initial inquiry into the involved parties and their licensure status have been obtained.  "Case file" means the allegation made against an involved party that resulted in a preliminary inquiry and other information being obtained in order to determine whether an investigation should be initiated or prosecution pursued.  A "Formal Complaint" means the notice of allegations and charges or basis for licensure denial which begins the formal proceedings.

2)         To refer the case file to the Supervisor over the Design Investigators for further action.  The Complaint Committee shall give the Supervisor an indication as to the prosecutorial merit and relative severity of the allegations to aid in the prioritization of investigative activity.

3)         To recommend that a case file be closed.

4)         To recommend that an Administrative Warning Letter be issued and the case file closed.

5)         To refer the case file to Prosecutions for review and action.

6)         To report the actions of the Complaint Committee at each Board meeting and to present enforcement statistics such as the type of alleged violation.

d)         In determining what action to take or whether to proceed with investigation and prosecution of a case file, the Complaint Committee shall consider the following factors, but not be limited to:  the effect on the public's health, safety and welfare; the sufficiency of the evidence presented; prosecutorial merit; and sufficient cooperation from complaining parties.

e)         At any time after referral to Prosecutions, the Division may enter into negotiations to resolve issues informally by way of a Consent Order.  Factors to be considered in deciding whether to enter into settlement negotiations shall include, but not be limited to:  the effect on the public's health, safety and welfare caused by the respondent's alleged conduct; sufficient investigation of the case; prosecutorial merit; relative severity of the respondent's alleged conduct; and past practices of the Division.

f)         No file shall be closed nor Formal Complaint dismissed except upon recommendation of the Complaint Committee and/or approval by the State Board of Professional Engineers.  Those case files that previously have been before the Board and are the subject of a Consent Order or Formal Order of the Director may be closed without further recommendation or approval of the State Board of Professional Engineers or the Complaint Committee.

g)         Disqualification of a State Board of Professional Engineers member.

1)         A Board member shall be recused from consideration of a case file or Formal Complaint when the Board member determines that a conflict of interest or prejudice would prevent that Board member from being fair and impartial.

2)         Participation in the initial stages of the handling of a case file, including participation on the Complaint Committee and in informal conferences, shall not bar a Board member from future participation or decision making relating to that case file.

h)         An informal conference is the procedure established by the Division that may be used for compliance review, fact finding, discussion of the issues, resolving case files, licensing issues or conflicts prior to initiating any Formal Complaint or formal hearing.  An informal conference may only be conducted upon agreement of both parties.  Informal conferences shall be conducted by a Division attorney and shall include a member or members of the Board.  Board members shall be scheduled for informal conferences on a rotating basis.

(Source:  Amended at 34 Ill. Reg. 5623, effective March 30, 2010)