Appeal Ruling #72: 10 February 2023

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An engineer appealed a decision of a Chair of Investigating Committees acting as Adjudicator, to refer a complaint about him by another engineer to an investigating committee. The complaint involved an allegation that the engineer who is the subject of the complaint had issued design documentation for a culvert and watercourse, which was not formed as specified in the related consent documents and that an inadequate wall was constructed. The Panel upheld one of five grounds of appeal, ruling that reference to the conflict-of-interest provisions of the Chartered Professional Engineers Rules as an applicable ground of discipline in this case was to be removed from the decision when the matter is referred to an investigating committee. The remainder of the appeal was dismissed.