DISCIPLINE
The Discipline Committee hears and decides complaints of unskilled practice and unprofessional conduct against APEGGA members (individuals and organizations) that are brought before it by the Investigative Committee.
HOW THE DISCIPLINE PROCESS WORKS
APEGGA's discipline process is designed to maintain high standards of professional practice and ethics. The process is not an alternative to the civil courts. It deals solely with professional and ethical practice. Anyone with a concern about the conduct of an individual APEGGA member or permit holder is encouraged to contact the Association.
To ensure fairness and impartiality, a separate committee or board handles each stage of the process. The Investigative Committee, Discipline Committee and Appeal Board are composed of APEGGA members and public representatives appointed by the Government of Alberta.
All complaints are kept strictly confidential. However, discipline hearings
are open to the public unless the case being heard is of a sensitive nature and
the Discipline Committee panel orders otherwise. Similarly, such open hearing
decisions are also available to the public.
Gathering Evidence About Your Complaint
If you believe that a member of APEGGA or a permit holder may have acted in an improper or incompetent manner, we would like to hear from you.
APEGGA staff can answer questions about what to expect from an engineer or geoscientist, even if you do not wish to register a formal complaint. They can also verify whether someone is a licensed to practice as an individual or a permit holder.
If you decide to lay a complaint, they will review your concerns with you
and provide assistance in advising what material is required to support allegations
of either unprofessional conduct or unskilled practice, or both.
Investigation of the Complaint
An investigative panel of the Investigative Committee will review the material provided. They may obtain additional information from the person making the complaint, or from other sources, if required. In turn, the panel will recommend to the Investigative Committee either that:
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that the complaint be dismissed if it is of the opinion the complaint is frivolous, vexatious or if there is insufficient evidence, or
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that a formal hearing be held regarding the complaint. In this instance the Investigative Committee will prosecute the complaint in front of the Discipline Committee.
There is also an alternative available if the member under investigation admits to unprofessional conduct or unskilled practice. A formal hearing may be unnecessary. In that case, the Investigative Committee may recommend an order to the Discipline Committee. The Discipline Committee then appoints one of its members as the case manager to review the admission and the recommended order, along with an agreed statement of facts. If the case manager agrees with the recommendation, he or she will discuss the matter with the member. If the member also agrees, the order has the same force and effect as an order following a formal hearing. If the recommended order is rejected, the matter then proceeds to a formal discipline hearing.
The Discipline Hearing
If the complaint proceeds to a formal hearing, a written notice of the hearing outlining the charges is served on the member under investigation. A Panel of at least three members of the Discipline Committee is appointed to conduct the formal hearing. The Panel has the same powers as the Discipline Committee and its decision is final.
The hearings are usually held at the Association's offices and follow procedures similar to the court, with a court reporter present. Witnesses may be called to testify. Both the Investigative Committee and the member under investigation are entitled to be represented by legal counsel in presenting their respective submissions to the Panel.
At the end of the hearing, the Panel will examine all of the evidence and testimony presented before reaching a decision. If the Panel does not find that the conduct is unprofessional or the practice is unskilled, the charges are dismissed.
If there are findings of unprofessional conduct or unskilled practice, the Panel may make any number of orders affecting the member, ranging from a reprimand to cancellation of the member's right to practice, suspension for a period of time, requirement to pass exams or complete courses or other orders as it sees fit.
In addition, the Panel may impose a fine of up to $10,000 and order that the costs of the hearing be paid by the member.
Appeals
Both the member and the Investigative Committee may appeal the decision or orders of the Discipline Committee Panel to APEGGA's Appeal Board.
Similarly, a member may subsequently appeal a decision of the Appeal Board to the Alberta Court of Appeal.
As well, the complainant has the right of appeal to APEGGA's Appeal Board
should the complaint be dismissed following the investigation.