COMMITTEE SUBSTITUTE
for
H. B. 4450
(By Delegates Fragale, Boggs, Hartman, Hatfield,
Morgan, Stephens and T. Walker)
[Originating in the Committee on Government Organization.]
(February 23, 2010)
A BILL to repeal §30-13A-26, §30-13A-27, §30-13A-28, §30-13A-29,
§30-13A-30, §30-13A-31, §30-13A-32, §30-13A-33, §30-13A-34,
§30-13A-35, §30-13A-36 and §30-13A-37 of the Code of West
Virginia, 1931, as amended; to amend said code by adding
thereto a new section, designated, §1-1-5; to amend said code
by adding thereto a new section, designated, §7-2-8; to amend
and reenact §30-13A-1, §30-13A-2, §30-13A-3, §30-13A-4, §30-
13A-5, §30-13A-6, §30-13A-7, §30-13A-8, §30-13A-9, §30-13A-10,
§30-13A-11, §30-13A-12, §30-13A-13, §30-13A-14, §30-13A-15,
§30-13A-16, §30-13A-17, §30-13A-18, §30-13A-19, §30-13A-20,
§30-13A-21, §30-13A-22, §30-13A-23, §30-13A-24 and §30-13A-25
of said code; and to amend and reenact §39-1-2a of said code,
all relating to surveys; establishing West Virginia coordinate
systems; requiring a license to practice land surveying;
requiring a certificate of authorization for a firm to practice land surveying; specifying applicable law; providing
definitions; continuing the board of professional surveyors;
providing for board composition; providing eligibility
requirements for board membership; clarifying the powers and
duties of the board; clarifying rule-making authority;
providing emergency rule-making authority; continuing a
special revenue account; clarifying the education and
experience requirements for licensure; establishing licensure
requirements; establishing scope of practice; providing
exceptions from licensure; establishing surveyor intern
requirements; providing for licensure for persons licensed in
another state; establishing renewal requirements; providing
permit requirements; establishing inactive license
requirements; establishing procedures for delinquent and
expired licenses; establishing retired license requirements;
establishing conditions for failed examines; requiring display
of a license; requiring display of a certification of
authorization; establishing certification of authorization
requirements; establishing requirements to be a surveyor-in-
charge; providing a due process procedure; establishing
grounds for disciplinary action; establishing hearing
procedures; providing for judicial review and appeals of
decisions; establishing cause for initiation of criminal
proceedings; establishing criminal penalties; removing no longer applicable language; and establishing requirements to
record a survey.
Be it enacted by the Legislature of West Virginia:
That §30-13A-26, §30-13A-27, §30-13A-28, §30-13A-29, §30-13A-
30, §30-13A-31, §30-13A-32, §30-13A-33, §30-13A-34, §30-13A-35,
§30-13A-36 and §30-13A-37 of the Code of West Virginia, 1931, as
amended, be repealed; to amend said code by adding thereto a new
section, designated, §1-1-5; to amend said code by adding thereto
a new section, designated, §7-2-8; that §30-13A-1, §30-13A-2, §30-
13A-3, §30-13A-4, §30-13A-5, §30-13A-6, §30-13A-7, §30-13A-8, §30-
13A-9, §30-13A-10, §30-13A-11, §30-13A-12, §30-13A-13, §30-13A-14,
§30-13A-15, §30-13A-16, §30-13A-17, §30-13A-18, §30-13A-19, §30-
13A-20, §30-13A-21, §30-13A-22, §30-13A-23, §30-13A-24 and §30-13A-
25 of said code be amended and reenacted; and that §39-1-2a of said
code be amended and reenacted, all to read as follows:
CHAPTER 1. THE STATE AND ITS SUBDIVISIONS.
ARTICLE 1. LIMITS AND JURISDICTION.
§1-1-5. West Virginia coordinate systems; definition; plane
coordinates, limitations of use; conversion factor for meters
to feet.
(a) The systems of plane coordinates which have been
established by the National Ocean Survey/National Geodetic Survey
(formerly the United States Coast and Geodetic Survey) or its
successors for defining and stating the geographic position or locations of points on the surface of the earth within West
Virginia are to be known and designated as the West Virginia
Coordinate System of 1927 and the West Virginia Coordinate System
of 1983.
(b) For the purpose of the use of this system the state is
divided into a North Zone and a South Zone.
The area now included in the following counties is the North
Zone: Barbour, Berkeley, Brooke, Doddridge, Grant, Hampshire,
Hancock, Hardy, Harrison, Jefferson, Marion, Marshall, Mineral,
Monongalia, Morgan, Ohio, Pleasants, Preston, Ritchie, Taylor,
Tucker, Tyler, Wetzel, Wirt and Wood.
The area now included in the following counties is the South
Zone: Boone, Braxton, Cabell, Calhoun, Clay, Fayette, Gilmer,
Greenbrier, Jackson, Kanawha, Lewis, Lincoln, Logan, McDowell,
Mason, Mercer, Mingo, Monroe, Nicholas, Pendleton, Pocahontas,
Putnam, Raleigh, Randolph, Roane, Summers, Upshur, Wayne, Webster
and Wyoming.
(c) As established for use in the North Zone, the West
Virginia Coordinate System of 1927 or the West Virginia Coordinate
System of 1983 shall be named and in any land description in which
it is used it shall be designated the West Virginia Coordinate
System of 1927 North Zone or West Virginia Coordinate System of
1983 North Zone.
As established for use in the South Zone, the West Virginia Coordinate System of 1927 or the West Virginia Coordinate System of
1983 shall be named and in any land description in which it is used
it shall be designated the West Virginia Coordinate System of 1927
South Zone or West Virginia Coordinate System of 1983 South Zone.
(d) The plane coordinate values for a point on the earth's
surface, used to express the geographic position or location of the
point in the appropriate zone of this system, shall consist of two
distances, expressed in U. S. Survey feet and decimals of a foot
when using the West Virginia Coordinate System of 1927 and
determined in meters and decimals when using the West Virginia
Coordinate System of 1983, but which may be converted to and
expressed in feet and decimals of a foot. One of these distances,
to be known as the x-coordinate, shall give the position in an
east-and-west direction. The other, to be known as the y-
coordinate, shall give the position in a north-and-south direction.
These coordinates shall be made to depend upon and conform to
plane rectangular coordinate values for the monumented points of
the North American Horizontal Geodetic Control Network as published
by the National Ocean Survey/National Geodetic Survey (formerly the
United States Coast and Geodetic Survey) or its successors and
whose plane coordinates have been computed on the system defined by
this section. Any such station may be used for establishing a
survey connection to either West Virginia Coordinate System.
(e) For purposes of describing the location of any survey station or land boundary corner in the State of West Virginia, it
shall be considered a complete, legal and satisfactory description
of the location to give the position of the survey station or land
boundary corner on the system of plane coordinates defined in this
section. Nothing contained in this section requires a purchaser or
mortgagee of real property to rely wholly on a land description,
any part of which depends exclusively upon either West Virginia
Coordinate System.
(f) When any tract of land to be defined by a single
description extends from one into the other of the coordinate zones
specified in this section, the position of all points on its
boundaries may refer to either of the two zones. The zone which is
being used specifically shall be named in the description.
(g) (1) For purposes of more precisely defining the West
Virginia Coordinate System of 1927, the following definition by the
United States Coast and Geodetic Survey (now National Ocean
Survey/National Geodetic Survey) is adopted:
The West Virginia Coordinate System of 1927 North Zone is a
Lambert conformal conic projection of the Clarke Spheriod of 1866,
having standard parallels at north latitudes 39 degrees and 00
minutes and 40 degrees and 15 minutes, along which parallels the
scale shall be exact. The origin of coordinates is at the
intersection of the meridian 79 degrees 30 minutes west of
Greenwich and the parallel 38 degrees 30 minutes north latitude. This origin is given the coordinates: x = 2,000,000 feet and y = 0
feet.
The West Virginia Coordinate System of 1927 South Zone is a
Lambert conformal conic projection of the Clarke Spheriod of 1866,
having standard parallels at north latitudes 37 degrees 29 minutes
and 38 degrees 53 minutes, along which parallels the scale shall be
exact. The origin of coordinates is at the intersection of the
meridian 81 degrees 00 minutes west of Greenwich and the parallel
37 degrees 00 minutes north latitude. This origin is given the
coordinates: x = 2,000,000 feet and y = 0 feet.
(2) For purposes of more precisely defining the West Virginia
Coordinate System of 1983, the following definition by the National
Ocean Survey/National Geodetic Survey is adopted:
The West Virginia Coordinate System of 1983 North Zone is a
Lambert conformal conic projection of the North American Datum of
1983, having standard parallels at north latitudes 39 degrees and
00 minutes and 40 degrees and 15 minutes, along which parallels the
scale shall be exact. The origin of coordinates is at the
intersection of the meridian 79 degrees 30 minutes west of
Greenwich and the parallel 38 degrees 30 minutes north latitude.
This origin is given the coordinates: x = 600,000 meters and y =
0 meters.
The West Virginia Coordinate System of 1983 South Zone is a
Lambert conformal conic projection of the North American Datum of 1983, having standard parallels at north latitudes 37 degrees 29
minutes and 38 degrees 53 minutes, along which parallels the scale
shall be exact. The origin of coordinates is at the intersection
of the meridian 81 degrees 00 minutes west of Greenwich and the
parallel 37 degrees 00 minutes north latitude. This origin is
given the coordinates: x = 600,000 meters and y = 0 meters.
(h) No coordinates based on the West Virginia Coordinate
System, purporting to define the position of a point on a land
boundary, may be presented to be recorded in any public records or
deed records unless the point is based on a public or private
monumented horizontal control station established in conformity
with the standards of accuracy and specifications for first order
or better geodetic surveying as prepared and published by the
Federal Geodetic Control Committee of the United States Department
of Commerce. Standards and specifications of the Federal Geodetic
Control Committee or its successor in force on the date of the
survey apply. The publishing of the existing control stations, or
the acceptance with intent to publish the newly established control
stations, by the National Ocean Survey/National Geodetic Survey is
evidence of adherence to the Federal Geodetic Control Committee
specifications. The limitations specified in this section may be
modified by a duly authorized state agency to meet local
conditions.
(i) The use of the term "West Virginia Coordinate System of 1927 North or South Zone" or "West Virginia Coordinate System of
1983 North or South Zone" on any map, report or survey or other
document shall be limited to coordinates based on the West Virginia
Coordinate System as defined in this section.
(j) A plat and a description of survey must show the basis of
control identified by the following:
(1) The monument name or the point identifier on which the
survey is based;
(2) The order of accuracy of the base monument; and
(3) The coordinate values used to compute the corner
positions.
(k) Nothing in this section prevents the recordation in any
public record of any deed, map, plat, survey, description or of any
other document or writing of whatever nature which would otherwise
constitute a recordable instrument or document even though the same
is not based upon or done in conformity with the West Virginia
Coordinate System established by this section, nor does
nonconformity with the system invalidate any deed, map, plat,
survey, description or other document which is otherwise proper.
(l) For purpose of this section a foot equals a United States
Survey foot. The associated factor of one meter equals 39.37/12
feet shall be used in any conversion necessitated by changing
values from meters to feet.
CHAPTER 7. COUNTY COMMISSIONS AND OFFICERS.
ARTICLE 2. COUNTY AND DISTRICT BOUNDARIES; CHANGE OF COUNTY SEAT
AND NAMES OF UNINCORPORATED TOWNS AND OF DISTRICTS; COUNTY
SURVEYOR.
§7-2-8. License required for county surveyor.
(a) Each county surveyor of lands first elected or appointed
after January 1, 2013, pursuant to section 1, article IX of the
West Virginia Constitution shall be a surveyor licensed pursuant to
article thirteen-a, chapter thirty of this code and such licensee
shall be in good standing.
(b) Each person who files for the office of county surveyor on
or after January 1, 2013 shall be a surveyor licensed pursuant to
article thirteen-a, chapter thirty of this code and such licensee
shall be in good standing.
(c) Unlicensed surveyors of land in office on January 1, 2013,
are not subject to the licensing requirement.
CHAPTER 30. PROFESSIONS AND OCCUPATIONS.
ARTICLE 13A. LAND SURVEYORS.
§30-13A-1. Unlawful acts.
(a) It is unlawful for any person to practice or offer to
practice surveying in this state without a license issued under the
provisions of this article, or advertise or use any title or
description tending to convey the impression that they are a
surveyor, unless such person has been licensed under the provisions
of this article.
(b) It is unlawful for any firm to practice or offer to
practice surveying in this state without a certificate of
authorization issued under the provisions of this article, or
advertise or use any title or description tending to convey the
impression that it is a surveying firm, unless such firm has been
issued a certificate of authorization under the provisions of this
article.
§30-13A-2. Applicable law.
The practice of land surveying the West Virginia Board of
Professional Surveyors are subject to the provisions of article one
of this chapter, the provisions of this article and the board's
rules.
§30-13A-3. Definitions.
As used in this article, the following words and terms have
the following meanings:
(a) "Applicant" means a person making application for a
license or a firm making application for a certificate of
authorization, under the provisions of this article.
(b) "Board" means the West Virginia Board of Professional
Surveyors.
(c) "Boundary survey" means a survey, in which property lines
and corners of a parcel of land have been established by a survey
and a description of survey has been written and a plat has been
prepared for the property.
(d)"Cadastral survey" means a survey representing the
ownership, relative positions and dimensions of land, objects and
estates.
(e) "Certificate holder" means a firm holding a certificate of
authorization issued by the board.
(f) "Certificate of authorization" means a certificate issued
under the provisions of this article to a firm providing surveying
or underground surveying services.
(g) "Construction survey" means the laying of stakes for a
construction, project.
(h) "Direct supervision" means the responsible licensee is in
direct control of all field and office surveying operations. Direct
control does not necessarily require the actual physical presence
of the responsible licensee at the site of the survey, nor prohibit
the responsible licensee from maintaining simultaneous direct
supervision of more than one survey.
(i) "Endorsee" means a person holding an endorsement to
practice in a specialized field of surveying issued by the board
under the provisions of this article.
(j) "Endorsement" means an authorization, in addition to a
professional surveyor license, to practice in a specialized field
of surveying issued by the board.
(k) "Firm" means any nongovernmental business entity,
including an individual, association, partnership or corporation, providing surveying services.
(l)"Geodetic control survey" means a survey involving the
precise measurement of points on the earth's surface which form the
framework or control for a large map or project.
(m) "Geographic information system" means a system of
hardware, software and procedures designed to support the capture
and management of spatially referenced information.
(o) "Hydrographic survey" means a survey that measures and
determines the topographic features of water bodies and the
adjacent land areas, including the width, depth and course of water
bodies and other relative features.
(p) "Inactive" means the status granted by the board to a
licensee or endorsee.
(q) "License" means a surveying license issued under the
provisions of this article.
(r) "Licensee" means a person holding a surveying license
issued under the provisions of this article.
(s) "Metes and bounds" means a description where the land or
the associated effects on the land have been measured by starting
at a known point and describing, in sequence, the lines by
direction and distance forming the boundaries of the land or a
defined area relative to the physical land features, associated
effects or structural improvements on the land.
(t) "Monument" means a permanent marker, either boundary or nonboundary, used to establish corners or mark boundary lines of a
parcel of land or reference the geospatial relationship of other
objects.
(u) "Mortgage/loan inspection survey" means a survey in which
property lines and corners have not been established.
(v) "Oil or gas well survey" means a survey and plat of a
proposed oil or gas well, including the location of the well, the
surface or mineral tract on which the well is located and the
physical features surrounding the well. An oil or gas well survey
must be performed in accordance with other provisions of this code
affecting oil and gas well surveys.
(w) "Partition survey" means a survey where the boundary lines
of a newly created parcel of land are established and the new
corners are monumented.
(x) "Photogrammetry" means the use of aerial photography,
other imagery and surveying principles to prepare scaled maps or
other survey products reflecting the contours, features and fixed
works of the earth's surface.
(y) "Practice of surveying" means providing professional
surveying services, including consulting, investigating, expert
testimony, evaluating, planning, mapping and surveying.
(z) "Responsible charge" means direct control and of surveying
work under the direct supervision of a licensee or person
authorized in another state or country to engage in the practice of surveying.
(aa) "Retracement survey" means a survey where the boundary
lines and corners of a parcel of land are reestablished from an
existing legal or deed description.
(bb) "Strip" means a description of an area by reference to an
alignment, usually a right-of-way or an easement, stating the
number of feet on each side of the alignment, the relative position
of the alignment, a reference to the measurements and monuments
where the alignment crosses a parcel of land and the source of
title for each parcel of land the alignment crosses.
(cc) "Subdivision" means the division of a lot, tract or
parcel of land into two or more lots, tracts or parcels of land.
(dd) "Surface mine survey" means a survey of the surface mine
permit in accordance with other provisions of this or any other
article of the West Virginia Code affecting surface mine surveys
and is in accordance with the rules affecting surface mine surveys
of other regulatory agencies.
(ee) "Survey" or "land survey" means to measure a parcel of
land and ascertain its boundaries, corners and contents or make any
other authoritative measurements.
(ff) "Surveying" or "land surveying" means providing, or
offering to provide, professional services using such sciences as
mathematics, geodesy, and photogrammetry, and involving both:
(1) The making of geometric measurements and gathering related information pertaining to the physical or legal features of the
earth, improvements on the earth, the space above, on or below the
earth; and
(2) Providing, utilizing or developing the same into survey
products such as graphics, data, maps, plans, reports, descriptions
or projects. Professional services include acts of consultation,
investigation, testimony evaluation, expert technical testimony,
planning, mapping, assembling and interpreting gathered
measurements and information related to any one or more of the
following:
(A) Determining by measurement the configuration or contour of
the earth's surface or the position of fixed objects thereon.
(B) Determining by performing geodetic surveys the size and
shape of the earth or the position of any point on the earth.
(C) Determining the position for any survey control monument
or reference point.
(D) Creating, preparing or modifying electronic, computerized
or other data relative to the performance of the activities in the
above-described paragraphs (A) through (C), inclusive, of this
subdivision.
(E) Locating, relocating, establishing, reestablishing or
retracing property lines or boundaries of any tract of land, road,
right-of-way or easement.
(F) Making any survey for the division, subdivision, or consolidation of any tract or tracts of land.
(G) Locating or laying out alignments, positions or elevations
for the construction of fixed works.
(H) Determining, by the use of principles of surveying, the
position for any boundary or nonboundary survey monument or
reference point; or establishing or replacing any such monument or
reference point.
(I) Creating, preparing or modifying electronic or
computerized or other data relative to the performance of the
activities in the above-described paragraphs (E) through (H),
inclusive, of this subdivision.
(3) Any person who engages in surveying, who by verbal claim,
sign, advertisement, letterhead, card or in any other way
represents themselves to be a professional surveyor, or who implies
through the use of some other title that they are able to perform,
or who does perform, any surveying service or work or any other
service designated by the practitioner which is recognized as
surveying, is practicing, or offering to practice, surveying within
the meaning and intent of this article.
(gg) "Surveyor", "professional surveyor" or "land surveyor"
means a person licensed to practice surveying under the provisions
of this article.
(hh) "Surveyor, retired", "professional surveyor, retired" or
"land surveyor, retired" means a licensed surveyor no longer practicing surveying, who has chosen to retire and has been granted
the honorific title of "Professional Surveyor, Retired".
(ii) "Surveyor-in-charge" means a licensee designated by a
firm to oversee the surveying activities and practices of the firm.
(jj) "Surveyor intern" means a person who has passed an
examination covering the fundamentals of land surveying.
(kk) "Underground survey" means a survey that includes the
measurement of underground mine workings and surface features
relevant to the underground mine, the placing of survey points
(spads) for mining direction, the performance of horizontal and
vertical control surveys to determine the contours of a mine, the
horizontal and vertical location of mine features, and the
preparation of maps, reports and documents, including mine progress
maps and mine ventilation maps. An underground mine survey must be
performed in accordance with other provisions of this code
affecting underground mine surveys.
§30-13A-4. Board of surveyors.
(a)The "West Virginia Board of Professional Surveyors" is
continued.
(b) The appointed term of each board member shall be for four
years.
(c)The board shall consist of the following five members
appointed by the Governor by and with the advice and consent of the
Senate:
(1) Three licensed professional surveyors with at least ten
years of experience in land surveying;
(2) One person who has a license in another field of practice
other than surveying and also who has a surveyor license by
examination and has practiced surveying for at least ten years;and
(3) One citizen member who is not regulated under the
provisions of this article and does not perform any services
related to the practice of surveying under the provisions of this
article.
(d) Each licensed member of the board, at the time of his or
her appointment, must have held a license in this state for a
period of not less than three years immediately preceding the
appointment and each member must be a resident of this state during
the appointment term.
(e) No member may serve more than two consecutive full terms
and any member having served two full terms may not be appointed
for one year after completion of his or her second full term. A
member shall continue to serve until his or her successor has been
appointed and qualified.
(f) The Governor may remove any member from the board for
neglect of duty, incompetency or official misconduct.
(g)A licensed member of the board immediately and
automatically forfeits membership to the board if his or her
license to practice is suspended or revoked, is convicted of a felony under the laws of any jurisdiction or becomes a nonresident
of this state.
(h) The board shall designate one of its members as
chairperson and one member as secretary-treasurer.
(i) Each member of the board is entitled to receive
compensation and expense reimbursement in accordance with section
eleven, article one of this chapter.
(j) A majority of the members of the board shall constitute a
quorum.
(k) The board shall hold at least one annual meeting. Other
meetings shall be held at the call of the chairperson, or upon the
written request of two members, at such time and place as
designated in the call or request.
§30-13A-5. Powers and duties of the board.
The board has all the powers and duties set forth in article
one of this chapter and also the following powers and duties:
(1) Hold meetings, conduct hearings and administer
examinations and reexaminations;
(2) Set the requirements for a license, endorsement,
certificate, surveyor-in-charge and certificate of authorization;
(3) Establish qualifications for licensure and procedures for
submitting, approving and disapproving applications for a license,
endorsement and certificate of authorization;
(4) Examine the qualifications of any applicant for a license and endorsement;
(5) Establish procedures for persons who have begun one of the
education, experience or examination requirements for licensure,
stated in subdivision (1), subsection (a), section eight of this
article, and has not completed the requirements prior to December
31, 2004;
(6) Prepare, conduct, administer and grade examinations and
reexaminations for a license;
(7) Determine the passing grade for the examinations;
(8) Administer, or contract with third parties to administer,
the examinations and reexaminations required under the provisions
of this article;
(9) Maintain records of the examinations and reexaminations
the board or a third party administers, including the number of
persons taking the examination or reexamination and the pass and
fail rate;
(10) Maintain an accurate registry of names and addresses of
all licensees and endorsees;
(11) Maintain an accurate registry of names and addresses of
firms holding a certificate of authorization;
(12) Define, by legislative rule, the fees charged under the
provisions of this article;
(13) Issue, renew, deny, suspend, revoke or reinstate
licenses, endorsements and certificates and discipline such persons;
(14) Issue, renew, deny, suspend, revoke or reinstate
certificates of authorization and discipline such firms;
(15) Establish, by legislative rule, and implement the
continuing education requirements for licensees and endorsees;
(16) Sue and be sued in its official name as an agency of this
state;
(17) Hire, fix the compensation of and discharge investigators
and the employees necessary to enforce the provisions of this
article;
(18) Investigate alleged violations of the provisions of this
article, the rules promulgated hereunder, and orders and final
decisions of the board;
(19) Conduct hearings upon charges calling for discipline of
a licensee, endorsee or certificate holder, or revocation or
suspension of a license, endorsement, certificate or certificate of
authorization;
(20) Set disciplinary action and issue orders;
(21) Propose rules in accordance with the provisions of
article three, chapter twenty-nine-a of this code to implement the
provisions of this article; and
(22) Take all other actions necessary and proper to effectuate
the purposes of this article.
§30-13A-6. Rule-making authority.
(a) The board shall propose rules for legislative approval in
accordance with the provisions of article three, chapter
twenty-nine-a of this code to implement the provisions of this
article including:
(1) Setting the standards and requirements for licensure,
endorsement, and surveyor-in-charge and certificate of
authorization;
(2) Setting the procedure for examinations and reexaminations;
(3) Establishing requirements for third parties to administer
examinations and reexaminations;
(4) Establishing procedures for the issuance and renewal of a
license, endorsement, certificate and certificate of authorization;
(5) Setting a schedule of fees;
(6) Establishing and implementing requirements for continuing
education for licensees and endorsees;
(7) Evaluating the curriculum, experience and the
instructional hours required for a license and endorsement;
(8) Denying, suspending, revoking, reinstating or limiting the
practice of a licensee, endorsee or certificate holder;
(9) Establishing electronic signature requirements;
(10) Establishing minimum standards for surveys;
(11) Establishing a process to record plats;
(12) Establishing seal and document certification standards;
and
(13) Proposing any other rules or taking other action
necessary to effectuate the provisions of this article.
(b) The board shall promulgate emergency rules pursuant to the
provisions of section fifteen, article three, chapter twenty-nine-a
of this code as described in subdivisions ten, eleven and twelve of
this section.
(c) All rules in effect on the effective date of this article
shall remain in effect until they are amended, modified, repealed
or replaced.
§30-13A-7. Fees; special revenue account; administrative fines.
(a) All fees and other moneys, except administrative fines,
received by the board shall be deposited in a separate special
revenue fund in the State Treasury designated the "Board of
Professional Surveyors Fund" which fund is continued. The fund
shall be used by the board for the administration of this article.
Except as may be provided in section eleven, article one of this
chapter, the board shall retain the amounts in the special revenue
fund from year to year. No compensation or expense incurred under
this article is a charge against the General Revenue Fund.
(b) Any amounts received as fines imposed pursuant to this
article shall be deposited into the General Revenue Fund of the
State Treasury.
§30-13A-8. Education, experience and examination requirements for
a surveying license.
(a) Before a person may apply for a surveying license, the
person must have completed one of the following educational,
experience and examination requirements:
(1) Prior to December 31, 2004, has completed or is in the
process of completing one of the following education, experience
and examination requirements:
(A) Is a graduate of a surveying curriculum of two scholastic
years, has six years or more of experience in surveying under the
direct supervision of a licensee or a person authorized in another
state or country to engage in the practice of surveying, has passed
the examination prescribed by the board, which examination shall
cover the basic subject matter of land surveying and land surveying
skills and techniques, and has passed the West Virginia
examination;
(B) Is not a graduate of a surveying curriculum, has eight
years or more of experience in surveying under the direct
supervision of a licensee or a person authorized in another state
or country to engage in the practice of surveying, has passed the
examination prescribed by the board, which examination shall cover
the basic subject matter of land surveying and land surveying
skills and techniques, and has passed the West Virginia
examination;
(C) Is a graduate of a surveying curriculum of two or more
years, has passed the surveyor-in-training (SIT) examination which must have included an eight-hour portion of fundamentals in
science, mathematics and surveying, has six years or more of
experience in surveying under the direct supervision of a licensee
or a person authorized in another state or country jurisdiction to
engage in the practice of surveying, and has passed the examination
prescribed by the board, which examination consists of principles
and practices of land surveying and has passed the West Virginia
examination; or
(D) Prior to December 31, 2004, if a person has begun one of
the education, experience or examination requirements, stated in
this subdivision, and has not completed the requirements prior to
December 31, 2004, then the person must notify the board that he or
she will be making application under this subdivision and comply
with the procedures prescribed by the board; or
(2) On and after January 1, 2005, has completed one of the
following education, experience and examination requirements:
(A) Has a four-year degree or a bachelor degree in surveying
approved by the board, which degree must include a minimum of
thirty hours of surveying or surveying-related courses, has passed
an examination in the fundamentals of land surveying, has two years
or more of experience in surveying in responsible charge, has
passed an examination in the principles and practice of land
surveying and has passed the West Virginia examination;
(B) Has a four-year degree or a bachelor degree, has completed a minimum of thirty hours of surveying or surveying-related
courses, has passed an examination in the fundamentals of land
surveying, has four years or more of experience in surveying,
including two years of experience in responsible charge under the
direct supervision of a licensee or a person authorized in another
jurisdiction to engage in the practice of surveying, has passed an
examination in the principles and practice of land surveying and
has passed the West Virginia examination; or
(C) Has a two-year degree or an associate degree in surveying
or a related field approved by the board, which degree must include
a minimum of thirty hours of surveying or surveying-related
courses, has passed an examination in the fundamentals of land
surveying, has four years or more of experience in surveying,
including two years of experience in responsible charge under the
direct supervision of a licensee or a person authorized in another
state or country to engage in the practice of surveying, has passed
an examination in the principles and practice of land surveying and
has passed the West Virginia examination.
(b) A person graduating from a two-year or four-year approved
surveying degree program with a grade point average of 3.0 or
higher is permitted to take the examination in the fundamentals of
land surveying during his or her final semester.
(c) A person must pass the examination in the fundamentals of
land surveying and complete the work experience before he or she is allowed to take the examination in the principles and practice of
land surveying and the West Virginia examination.
(d) The examination in the fundamentals of land surveying, the
examination in the principles and practice of land surveying and
the West Virginia examination shall each be held at least once each
year at the time and place determined by the board. A person who
fails to pass all or any part of an examination may apply for
reexamination, as prescribed by the board, and shall furnish
additional information and fees as required by the board.
§30-13A-9. Surveying license requirements.
(a) The board shall issue a surveying license to an applicant
who meets the following requirements:
(1) Is of good moral character;
(2) Is at least eighteen years of age;
(3) Is a citizen of the United States or is eligible for
employment in the United States;
(4) Holds a high school diploma or its equivalent;
(5) Has not been convicted of a crime involving moral
turpitude; and
(6) Has completed all of one of the education, experience and
examination requirements set out in section eight of this article.
(b) An application for a surveying license shall be made on
forms provided by the board and include the following:
(1) Name and address of the applicant;
(2) Applicant's education and experience;
(3) Location and date of passage of all the examinations;
(4) Names of five persons for reference, at least three of
whom shall be licensees or persons authorized in another
jurisdiction to engage in the practice of surveying, and who have
knowledge of the applicant's work; and
(5) Any other information the board prescribes.
(c) An applicant shall pay all the applicable fees.
§30-13A-10. Scope of Practice.
(a) A licensee may measure a parcel of land and ascertain its
boundaries, corners and contents or make any other authoritative
measurements. The practice of surveying can be any of the
following, but not limited to:
(1) The performance of a boundary, cadastral, construction,
geodetic control, hydrographic, land, mortgage/loan inspection, oil
or gas well, partition, photogrammetry, retracement, subdivision or
surface mine survey;
(2) The location, relocation, establishment, reestablishment,
laying out or retracement of any property line or boundary of any
parcel of land or of any road or utility right-of-way, easement,
strip or alignment or elevation of any fixed works by a licensed
surveyor.
(b) Activities that must be accomplished under the responsible
charge of a professional surveyor, unless specifically exempted in subsection c of this section, include, but are not limited to, the
following:
(1) The creation of maps and georeferenced databases
representing authoritative locations for boundaries, the location
of fixed works, or topography. This includes:
(A) Maps and georeferenced databases prepared by any person,
firm, or government agency where that data is provided to the
public as a survey product.
(B) Original data acquisition, or the resolution of conflicts
between multiple data sources, when used for the authoritative
location of features within the following data themes: geodetic
control, orthoimagery, elevation and hydrographic, fixed works,
private and public boundaries, and cadastral information.
(C) Certification of positional accuracy of maps or measured
survey data.
(D) Adjustment or authoritative interpretation of raw survey
data.
(E) Geographic Information System (GIS) - based parcel or
cadastral mapping used for authoritative boundary definition
purposes wherein land title or development rights for individual
parcels are, or may be, affected.
(F) Authoritative interpretation of maps, deeds, or other land
title documents to resolve conflicting data elements.
(G) Acquisition of field data required to authoritatively position fixed works or cadastral data relative to geodetic
control.
(H) Analysis, adjustment or transformation of cadastral data
of the of the parcel layer(s) with respect to the geodetic control
layer within a GIS resulting in the affirmation of positional
accuracy.
(c) The following items are not included as activities within
the practice of surveying:
(1) The creation of general maps:
(A) Prepared by private firms or government agencies for use
as guides to motorists, boaters, aviators, or pedestrians;
(B) Prepared for publication in a gazetteer or atlas as an
educational tool or reference publication;
(C) Prepared for or by education institutions for use in the
curriculum of any course of study;
(D) Produced by any electronic or print media firm as an
illustrative guide to the geographic location of any event;
(E) Prepared by laypersons for conversational or illustrative
purposes. This includes advertising material and users guides.
(2) The transcription of previously georeferenced data into a
GIS or LIS by manual or electronic means, and the maintenance
thereof, provided the data are clearly not intended to indicate the
authoritative location of property boundaries, the precise
definition of the shape or contour of the earth, and/or the precise location of fixed works of humans.
(3) The transcription of public record data, without
modification except for graphical purposes, into a GIS- or LIS-
based cadastre (tax maps and associated records) by manual or
electronic means, and the maintenance of that cadastre, provided
the data are clearly not intended to authoritatively represent
property boundaries. This includes tax maps and zoning maps.
(4) The preparation of any document by any federal government
agency that does not define real property boundaries. This includes
civilian and military versions of quadrangle topographic maps,
military maps, satellite imagery, and other such documents.
(5) The incorporation or use of documents or databases
prepared by any federal agency into a GIS/LIS, including but not
limited to federal census and demographic data, quadrangle
topographic maps, and military maps.
(6) Inventory maps and databases created by any organization,
in either hard-copy or electronic form, of physical features,
facilities, or infrastructure that are wholly contained within
properties to which they have rights or for which they have
management responsibility. The distribution of these maps and/or
databases outside the organization must contain appropriate
metadata describing, at a minimum, the accuracy, method of
compilation, data source(s) and date(s), and disclaimers of use
clearly indicating that the data are not intended to be used as a survey product.
(7) Maps and databases depicting the distribution of natural
resources or phenomena prepared by foresters, geologists, soil
scientists, geophysicists, biologists, archeologists, historians,
or other persons qualified to document such data.
(8) Maps and georeferenced databases depicting physical
features and events prepared by any government agency where the
access to that data is restricted by statute. This includes
georeferenced data generated by law enforcement agencies involving
crime statistics and criminal activities.
§30-13A-11. Exemptions from licensing.
(a) The following persons are exempt from licensing and
regulation under the provisions of this article:
(1) Any employee or agent of a person or firm, when such
employee or agent is engaged in the practice of land surveying
exclusively for the person or firm, by which employed, or, if a
corporation, its parents, affiliates or subsidiaries, and such
person, firm, association or corporation does not hold himself,
herself or itself out to the public as being engaged in the
business of land surveying.
(2) Any employee or officer of the United States, this state
or any political subdivision thereof, or their agents, when such
employee is engaged in the practice of land surveying exclusively
for such governmental unit: Provided, That each county surveyor of lands first appointed on or after January 1, 2013, pursuant to
section 1, article IX of the West Virginia Constitution shall be a
surveyor licensed pursuant to this article and such licensee shall
be in good standing; each person who files for the office of county
surveyor on or after January 1, 2013 shall be a surveyor licensed
pursuant to this article and such licensee shall be in good
standing; and unlicensed surveyors of land in office on January 1,
2013, are not subject to the licensing requirement.
(b) The minimum standards for boundary surveys contained in
section twenty-six of this article apply, notwithstanding the
exemptions provided by this section.
§30-13A-12. Surveyor intern requirements.
(a) To be recognized as a surveyor intern by the board, a
person must meet the following requirements:
(1) Is of good moral character;
(2) Is at least eighteen years of age;
(3) Is a citizen of the United States or is eligible for
employment in the United States;
(4) Holds a high school diploma or its equivalent;
(5) Has not been convicted of a crime involving moral
turpitude;
(6) Has completed one of the education requirements set out in
section eight of this article; and
(7) Has passed an examination in the fundamentals of land surveying.
(b) A surveyor-in-training recognized by the board prior to
July 1, 2004, shall for all purposes be considered a surveyor
intern under this section.
(c) A surveyor intern must pass the principles and practice of
land surveying examination and the West Virginia examination within
ten years of passing the fundamentals of land surveying
examination. If the examinations are not passed within ten years,
then the surveyor intern must retake the fundamentals of land
surveying examination.
§30-13A-13. License
from another state.
The board may issue a license to practice surveying in this
state to an applicant of good moral character who holds a valid
license or other authorization to practice surveying from another
state if the applicant demonstrates that:
(1) He or she or she holds a license or other authorization to
practice surveying in another state which was granted after
completion of educational, experience and examinations requirements
substantially equivalent to those required in this state;
(2) He or she is not currently being investigated by a
disciplinary authority of another state, does not have charges
pending against his or her license or other authorization to
practice surveying and has never had a license or other
authorization to practice surveying revoked;
(3) He or she has not previously failed an examination for
licensure in this state;
(4) He or she has paid all the applicable fees; and
(5) Has completed such other action as required by the board.
§30-13A-14. License, endorsement and certificate of authorization
renewal requirements.
(a) A licensee or endorsee or certificate holder wanting to
continue in active practice shall, annually or biennially upon or
before July 1, renew his or her license and endorsement and pay a
renewal fee.
(b) At least thirty days prior to July 1, either annually or
biennially, the secretary-treasurer of the board shall mail to
every licensee and endorsee and certificate holder a notice of
renewal, an application for renewal and the amount of the renewal
fee.
(c) The board shall charge a fee for each renewal of a license
or endorsement and certificate of authorization and a late fee for
any renewal not paid in a timely manner.
(d) The board shall require as a condition for the renewal of
a license or endorsement that each licensee or endorsee participate
in continuing education.
§30-13A-15. Inactive license requirements.
(a) A licensee who does not want to continue in active
practice shall notify the board in writing and be granted inactive status.
(b) A person granted inactive status shall pay an inactive fee
and is exempt from the continuing education requirements and cannot
practice in this state.
(c) When an inactive licensee wants to return to active
practice, he or she must complete all the continuing education
requirements and pay all the applicable fees as set by rule.
§30-13A-16. Delinquent and expired license and endorsement
requirements.
(a) If a license is not renewed when due, then the board shall
automatically place the licensee on delinquent status.
(b) The fee for a person on delinquent status shall increase
at a rate, determined by the board, for each month or fraction
thereof that the renewal fee is not paid, up to a maximum of
thirty-six months.
(c) Within thirty-six months of being placed on delinquent
status, if a licensee wants to return to active practice, he or she
must complete all the continuing education requirements and pay all
the applicable fees as set by rule.
(d) After thirty-six months of being placed on delinquent
status, a license or endorsement is automatically placed on expired
status and cannot be renewed. A person whose license has expired
must reapply for a new license.
§30-13A-17. Retired license requirements.
(a) A licensee who does not want to continue practicing
surveying and who has chosen to retire shall notify the board in
writing and be granted retired status.
(b) A person granted retired status shall be given the
honorific title of "Professional Surveyor, Retired" and cannot
practice in this state.
§30-13A-18. Requirements for when a person fails an examination.
(a) Any person failing any of the examinations for surveying
is permitted to work as a licensed surveyor under the provisions of
this article until the person has passed all the examinations.
(b) A person failing the fundamentals of land surveying
examination may still gain experience as required in section eight
of this article until he or she passes the examination.
(c) A person who has passed the fundamentals of land surveying
examination, but failed the principles and practice examination or
West Virginia examination may only work as a surveyor intern under
the direct supervision of a licensee or a person authorized in
another jurisdiction to engage in the practice of surveying until
he or she passes all of the examinations.
§30-13A-19. Display of license and endorsement.
(a) The board shall prescribe the form for a license and
endorsement and certificate of authorization and may issue a
duplicate license endorsement and certificate of authorization
upon payment of a fee.
(b) A licensee, endorsee and certificate holder shall
conspicuously display his or her license, endorsement or
certificate of authorization at his or her principal place of
practice.
§30-13A-20. Certificate of authorization requirements.
(a) Each firm practicing surveying or underground surveying in
West Virginia shall have a certificate of authorization.
(b) The board shall issue a certificate of authorization to a
firm that:
(1) Practices surveying or underground surveying in West
Virginia;
(2) Provides proof that the firm has employed a surveyor-in-
charge;
(3) Has paid all applicable fees; and
(4) Completes such other requirements as specified by the
board.
§30-13A-21. Surveyor-in-charge requirements.
(a) A firm practicing surveying must operate all surveying
activities under the supervision and management of a surveyor-in-
charge who shall be a licensee who is licensed in this state.
(b) The designated surveyor-in-charge is responsible for the
surveying work in this state provided by the firm.
(c) A licensee cannot be designated as a surveyor-in-charge
for more than one firm without approval of the board.
(d) A licensee who performs part-time or consulting surveying
services for a firm cannot be designated as a surveyor-in-charge
for that firm unless the licensee is an officer, a majority
interest holder or owner of the firm.
(e) The responsibilities of a surveyor-in-charge include:
(1) Renewal of the certificate of authorization;
(2) Notification to the board of any change in the surveyor-
in-charge;
(3) Supervising the firm's employees, including licensees, and
other personnel providing surveying services in this state; and
(4) Ensuring that the policies of the firm adhere to the
provisions of this article.
(f) The board may authorize a licensee to supervise the work
of an individual that is not an employee of the licensee nor is
employed by the same firm as the licensee. The potential
supervisor must apply to the board for this authorization.
§30-13A-22. Complaints; investigations; due process procedure;
grounds for disciplinary action.
(a) The board may upon its own motion based on credible
information, and shall upon the written complaint of any person,
cause an investigation to be made to determine whether grounds
exist for disciplinary action under this article or the legislative
rules promulgated pursuant to this article.
(b) Upon initiation or receipt of the complaint, the board shall provide a copy of the complaint to the licensee or permittee.
(c) After reviewing any information obtained through an
investigation, the board shall determine if probable cause exists
that the licensee or permittee has violated subsection (g) of this
section or rules promulgated pursuant to this article.
(d) Upon a finding that probable cause exists that the
licensee or permittee has violated subsection (g) of this section
or rules promulgated pursuant to this article, the board may enter
into a consent decree or hold a hearing for the suspension or
revocation of the license or permit or the imposition of sanctions
against the licensee or permittee. Any hearing shall be held in
accordance with the provisions of this article.
(e) Any member of the board or the executive secretary of the
board may issue subpoenas and subpoenas duces tecum to obtain
testimony and documents to aid in the investigation of allegations
against any person regulated by the article.
(f) Any member of the board or its executive secretary may
sign a consent decree or other legal document on behalf of the
board.
(g) The board may, after notice and opportunity for hearing,
deny or refuse to renew, suspend, restrict or revoke the license or
permit of, or impose probationary conditions upon or take
disciplinary action against, any licensee or permittee for any of
the following reasons once a violation has been proven by a preponderance of the evidence:
(1) Obtaining a license or permit by fraud, misrepresentation
or concealment of material facts;
(2) Being convicted of a felony or other crime involving moral
turpitude;
(3) Being guilty of unprofessional conduct which placed the
public at risk, as defined by legislative rule of the board;
(4) Intentional violation of a lawful order or legislative
rule of the board;
(5) Having had a license or other authorization revoked or
suspended, other disciplinary action taken, or an application for
licensure or other authorization revoked or suspended by the proper
authorities of another jurisdiction;
(6) Aiding or abetting unlicensed practice; or
(7) Engaging in an act while acting in a professional capacity
which has endangered or is likely to endanger the health, welfare
or safety of the public.
(h) For the purposes of subsection (g) of this section,
effective July 1, 2010, disciplinary action may include:
(1) Reprimand;
(2) Probation;
(3) Restrictions;
(4) Administrative fine, not to exceed $1,000 per day per
violation;
(5) Mandatory attendance at continuing education seminars or
other training;
(6) Practicing under supervision or other restriction; or
(7) Requiring the licensee or permittee to report to the board
for periodic interviews for a specified period of time.
(i) In addition to any other sanction imposed, the board may
require a licensee or permittee to pay the costs of the proceeding.
§30-13A-23. Procedures for hearing.
(a) Hearings are governed by the provisions of section eight,
article one of this chapter.
(b) The board may conduct the hearing or elect to have an
administrative law judge conduct the hearing.
(c) If the hearing is conducted by an administrative law
judge, at the conclusion of a hearing he or she shall prepare a
proposed written order containing findings of fact and conclusions
of law. The proposed order may contain proposed disciplinary
actions if the board so directs. The board may accept, reject or
modify the decision of the administrative law judge.
(d) Any member or the executive secretary of the board has the
authority to administer oaths, examine any person under oath and
issue subpoenas and subpoenas duces tecum.
(e) If, after a hearing, the board determines the licensee or
permittee has violated provisions of this article or the board's
rules, a formal written decision shall be prepared which contains findings of fact, conclusions of law and a specific description of
the disciplinary actions imposed.
§30-13A-24. Judicial review.
Any licensee or permittee adversely affected by a decision of
the board entered after a hearing may obtain judicial review of the
decision in accordance with section four, article five, chapter
twenty-nine-a of this code, and may appeal any ruling resulting
from judicial review in accordance with article six, chapter
twenty-nine-a of this code.
§30-13A-25. Criminal proceedings; penalties.
(a) When, as a result of an investigation under this article
or otherwise, the board has reason to believe that a person has
knowingly violated the provisions of this article, the board may
bring its information to the attention of the appropriate law-
enforcement officer who may cause appropriate criminal proceedings
to be brought.
(b) If a court of law finds that a person knowingly violated
any provision of this article, any rule promulgated hereunder, any
order of the board or any final decision of the board, then the
person is guilty of a misdemeanor and, upon conviction thereof,
shall be fined no less than one hundred dollars and no more than
one thousand dollars for each violation, confinement in a regional
correctional facility for up to thirty days for each violation, or
both fined and confined.
CHAPTER 39. RECORDS AND PAPERS.
ARTICLE 1. AUTHENTICATION AND RECORD OF WRITINGS.
§39-1-2a. Other requirements for admission to record of certain
instruments.
(a) In addition to the other requirements prescribed by law,
no instrument by which the title to real estate or personal
property, or any interest therein or lien thereon, is conveyed,
created, encumbered, assigned or otherwise disposed of, shall be
recorded or admitted to record, or filed by the county clerk unless
the name of the person who, and governmental agency, if any, which,
prepared such instrument appears at the conclusion of such
instrument and such name is either printed, typewritten, stamped,
or signed in a legible manner:
Provided, That the recording or
filing of any instrument in violation of the provisions of this
section shall not invalidate or cloud the title passing by or under
such instrument or affect the validity of such instrument in any
respect whatever, and such recorded or filed instrument shall
constitute notice with like effect as if such instrument fully
complied with the provisions of this section. An instrument will
be in compliance with this section if it contains a statement in
the following form:"This instrument was prepared by (name)."
(b) This section does not apply to any instrument executed
prior to the effective date hereof; to any decree, order, judgment
or writ of any court; to any will or death certificate; to any financing, continuation or termination statement permitted to be
filed under chapter forty-six of this code; or to any instrument
executed or acknowledged outside of this state.
(c) No survey document intended to be used in the transfer of
real property, prepared by a licensed surveyor, shall be filed with
any county clerk or accepted by any public official of this state
unless the licensed surveyor's signature and seal or stamp have
been affixed thereto.
(d) If a survey document, prepared by a licensed surveyor, has
been altered from its original form, it shall not be filed with any
county clerk or accepted by any public official of this state,
until the original licensed surveyor has initialed the changes.
(f) Any document, plan, map, drawing, exhibit, sketch or
pictorial representation prepared by a person exempted by section
eleven, article thirteen-c, chapter thirty is not required to have
the signature and seal affixed thereto.
(e) Any document, plan, map, drawing, exhibit, sketch or
pictorial representation altered by a person by exempted from
regulation by section eleven, article thirteen-c, chapter thirty is
required to initial the alteration."
NOTE: The purpose of the bill is to revise the qualification
standards of the West Virginia Board of Examiners of Land
Surveyors.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.
§1-1-5 and §7-2-8 are new and are underscored. §30-13A-1 - 25
is completely rewritten and is underscored. §39-1-2a is amended.