BPELSG Organization Record

[Jim Frame]

I think I filed an Organization Record with BPELSG when I started up my business, but I don't have an affirmative record of it. In any case, I got a letter in the mail today stating that my company "appears to be offering and/or providing land surveying services." Yep, since 1993, in fact. I have 30 days to file an OR or a written response to the letter or face a complaint investigation.

The OR is going out in tomorrow's mail, but I'm wondering how this came to the attention of the Board now. Anyone else ever run into this?

[land butcher]

There is a lot of govt intermingling by people that haven't got a clue. Within a year of passing the EIT my son got a letter from the State Franchise Tax Board wanting to know why he wasn't filing a business tax return and said he owed XXX in income taxes. Not only did he not have a business he had zero income. After numerous letters that were either ignored or the recipients were too mentally challenged to read he told them to get fkd and take me to court. That was the last he heard from them.
The State has a nasty habit of sending threats based on erroneous data then never informing the citizen of their dropping of the threat.
He never could find out who contacted who or got the info from where.

[Ric7308]

I think I filed an Organization Record with BPELSG when I started up my business, but I don't have an affirmative record of it. In any case, I got a letter in the mail today stating that my company "appears to be offering and/or providing land surveying services." Yep, since 1993, in fact. I have 30 days to file an OR or a written response to the letter or face a complaint investigation.

The OR is going out in tomorrow's mail, but I'm wondering how this came to the attention of the Board now. Anyone else ever run into this?

Jim, typically if you received a letter requesting an Organization Record from BPELSG (that was not accompanied by a notice of a complaint), it is because some inquiry was made to BPELSG about you or your firm and in response it was discovered that "Frame Surveying, Inc." (or whatever the real name of your firm is) did not have a record on file. Quite often, BPELSG receives inquiries from consumers who are looking to hire a land surveyor and the caller asks us to verify 2-3 licensees or firms to see if they are legitimate or not. Sometimes, those inquiries also come in from various local agencies seeking similar verification. In these cases, BPELSG sends out a request for a completed Organization Record for the files and to provide to the inquirer.

There is a lot of govt intermingling by people that haven't got a clue. Within a year of passing the EIT my son got a letter from the State Franchise Tax Board wanting to know why he wasn't filing a business tax return and said he owed XXX in income taxes. Not only did he not have a business he had zero income. After numerous letters that were either ignored or the recipients were too mentally challenged to read he told them to get fkd and take me to court. That was the last he heard from them.
The State has a nasty habit of sending threats based on erroneous data then never informing the citizen of their dropping of the threat.
He never could find out who contacted who or got the info from where.

Tom, you mentioned this a couple of times before and I believe I responded but if I didn't...several years ago during the recession, the FTB took it upon themselves to assume that every single individual becoming certified or licensed (at any of the licensing boards/bureaus under DCA) was residing in California and earned taxable income during that time. FTB even established an assumed income level based on salary studies and told recipients what they earned and how much tax they owed. This was a HUGE issue for some of our licensees especially those residing in another state that simply obtained comity licensure in California working for large companies and never actually performed any work in or for California. BPELSG staff made many phone calls and letters to FTB...and yes, FTB hung up on us too...including urging DCA and Agency to do something about it. We felt that if FTB was going to continually harass our licensees, we would do the same to them. Eventually, we stopped hearing from licensees as the economy improved. However, you should understand that this has nothing to do with Jim's inquiry on Organization Records.

[Jim Frame]

It occurs to me that I may not have filed an OR in '93 because I'm operating as a sole proprietor under my own name. If memory serves, I looked into filing a fictitious business name statement with the county and was told that I didn't have to because I'm working under my own name. I may have assumed that the same criteria pertain to the OR requirements.

I don't have the regs handy; what do they say about sole proprietors?

[Ric7308]

8729(a) states:

This chapter does not prohibit one or more licensed land surveyors or civil engineers licensed in this state prior to 1982 from practicing or offering to practice, within the scope of their licensure, land surveying as a sole proprietorship, partnership, limited liability partnership, firm, or corporation (hereinafter called business) if the following conditions are satisfied:...

(i) A current organization record for shall be filed with the board for all businesses engaged in rendering professional land surveying services.

463(b) states:

A licensed land surveyor and/or civil engineer who practices or offers to practice land surveying, according to the provisions of Section 8729 of the Code, as a partner, member, or officer of a partnership, firm, or corporation shall advise the Board within thirty (30) days of such association or termination of association on a form approved by the Board.

BPELSG currently uses the Organization Record form as the notice of association to satisfy 463.

[LS_8750]

How can we view our current organization record forms?

[Ric7308]

How can we view our current organization record forms?

Clark, currently we only have them in hardcopy format as submitted to us. We are in the process of scanning the active form and historical versions so we can have them ready for an online system that will "supposedly" be available for us in a few years. In the meantime, if you would like a copy of any form, just email me.

[land butcher]

Ric
I don't remember a response like that but then dementia could be the reason.

I pretty much lump all State orgs/agencies into one barrel.