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  1. #1
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    Sep 2012
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    Default Can a Government Agency Recommend Private Consulting Firms

    I'm wondering if it is lawful for a governmental regulatory agency to provide a list of private engineering firms.

    To give a little more detail:
    - civil engineering firms are typically hired to produce designs and specifications related to residential dwelling construction in this particular region ( California). It is my understanding that any professional engineer licensed in the state is qualified to provide these services.
    - the property owner initially contacts the regulatory agency to figure out the general process of land development
    - the regulatory agency then provides a list (4 or 5 forms on the list) of private engineering firms and essentially implies to the property owner that he must hire a firm from the list and if a firm is not on the list that firm is not qualified.

    I'm wondering if there is perhaps some legal statue restricting the government agency from providing a list and essentially recommending private engineering firms?

  2. #2
    Join Date
    Oct 2006
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    15,112

    Default Re: Government Agency Recommending Private Consulting Firms

    It would definitely not be illegal if there was some qualifying event or certification that caused them to get on the list. Beyond that, I cannot comment. Hopefully someone more knowledgeable in that area will be able to assist you.

  3. #3
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    Nov 2013
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    Default Re: Government Agency Recommending Private Consulting Firms

    Quote Quoting buyer2476
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    It is my understanding that any professional engineer licensed in the state is qualified to provide these services.
    There could be local licensing or registration in addition to state licensing. Check your local ordinances.

  4. #4
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    Default Re: Government Agency Recommending Private Consulting Firms

    There are no local ordinances that make someone qualified rather than someone else outside of the area or additional registration other than state licensing.

  5. #5
    Join Date
    Oct 2016
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    Default Re: Government Agency Recommending Private Consulting Firms

    What state are you in?

    And for the record you wrote nothing to support your stance that they are "essentially implies to the property owner that he must hire a firm from the list and if a firm is not on the list that firm is not qualified."

  6. #6
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    Default Re: Government Agency Recommending Private Consulting Firms

    Quote Quoting buyer2476
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    There are no local ordinances that make someone qualified rather than someone else outside of the area or additional registration other than state licensing.
    Who said local registration with a local jurisdiction would make someone qualified if they weren't already licensed by the state. Local jurisdictions often make licensed contractors to obtain a local license to work in their jurisdiction.

    It's about the revenue it generates not the qualifications.

    Quote Quoting PayrolGuy
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    What state are you in?
    California

  7. #7
    Join Date
    Jul 2018
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    Default Re: Government Agency Recommending Private Consulting Firms

    Quote Quoting buyer2476
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    I'm wondering if it is lawful for a governmental regulatory agency to provide a list of private engineering firms.
    What level of government? Federal, state or local?

    Quote Quoting buyer2476
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    the regulatory agency then provides a list (4 or 5 forms on the list) of private engineering firms and essentially implies to the property owner that he must hire a firm from the list and if a firm is not on the list that firm is not qualified.
    What facts support your claim that this implication occurred?

  8. #8
    Join Date
    Oct 2014
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    7,087

    Default Re: Government Agency Recommending Private Consulting Firms

    Quote Quoting buyer2476
    View Post
    - the regulatory agency then provides a list (4 or 5 forms on the list) of private engineering firms and essentially implies to the property owner that he must hire a firm from the list and if a firm is not on the list that firm is not qualified.

    I'm wondering if there is perhaps some legal statue restricting the government agency from providing a list and essentially recommending private engineering firms?
    Did you ask the agency how it came up with the firms listed? Knowing that would be important. And what exactly did the agency say on that document that implies a homeowner must hire from the list? If your argument is that the merely giving a list of firms without more carries that implication then that is not a logical conclusion.

  9. #9
    Join Date
    Nov 2013
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    Default Re: Government Agency Recommending Private Consulting Firms

    My instincts say that OP is an engineer that is not on the list. How and why engineers get on the list is still a mystery.

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