SENATE
HOUSE
JOINT
BILL STATUS
STATE LAW
REPORTS
EDUCATIONAL
CONTACT
home
home
Introduced Version House Bill 3276 History

OTHER VERSIONS  -  Committee Substitute  |     |  Email
Key: Green = existing Code. Red = new code to be enacted
H. B. 3276


(By Delegate Boggs)

[Introduced March 23, 2009; referred to the

Committee on Government Organization.]





A BILL to repeal §30-13A-26 of the Code of West Virginia, 1931, as amended; to amend and reenact §30-13A-1, §30-13A-3, §30-13A-5, §30-13A-8, §30-13A-9, §30-13A-10, §30-13A-11, §30-13A-12, §30- 13A-15, §30-13A-16, §30-13A-17, §30-13A-19, §30-13A-20, §30- 13A-23, §30-13A-24, §30-13A-29, §30-13A-32 and §30-13A-36 of said code, all relating to amending the professional surveyors act.

Be it enacted by the Legislature of West Virginia:

That §30-13A-26 of the Code of West Virginia, 1931, as amended, be repealed; that §30-13A-1, §30-13A-3, §30-13A-5, §30- 13A-8, §30-13A-9, §30-13A-10, §30-13A-11, §30-13A-12, §30-13A-15, §30-13A-16, §30-13A-17, §30-13A-19, §30-13A-20, §30-13A-23, §30- 13A-24, §30-13A-29, §30-13A-32 and §30-13A-36 of said code be amended and reenacted, all to read as follows:

ARTICLE 13A. PROFESSIONAL SURVEYORS.

§30-13A-1. Legislative findings; license required to practice.

The practice of surveying and underground surveying involves special knowledge in mathematics and physical and applied sciences and specific knowledge in the principles and methods of surveying and underground surveying, which knowledge can only be acquired through education and practical experience in surveying. and underground surveying. Land surveying and underground surveying involve Surveying involves precise practices and should only be performed by a person who has specific training in surveying or underground surveying.
Therefore, the Legislature finds that to protect the public interest and to provide for the regulation of surveying and underground surveying in this state, a person must have a license, as provided in this article, to practice as a surveyor in the State of West Virginia and or a person must have, in addition to a surveyor's license, and an endorsement, as provided in this article, to practice as an underground surveyor in a specialized field of surveying in the State of West Virginia.
§30-13A-3. Definitions.
As used in this article, the following words and terms have the following meanings, unless the context clearly indicates otherwise:
(a) "Applicant" means a person making application for a license, endorsement or certificate, 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 surface or subsurface survey, in whole or in part, in which property or easement lines or the ownership or possession lines of a parcel of land, claim area, possession area or encroachment area and corners of a parcel of land have been established by a field survey and a description of survey has been written and a plat has been prepared for the property and may include retracing exiting property or easement lines; the creation of a new easement or right-of-way; the partition, cut-out or subdivision of lots or parcels from an existing property, or the subdivision of an existing property into several lots, blocks or streets.
(d)"Cadastral survey" means a survey representing the ownership, relative positions and dimensions of land, objects and estates.
(e) "Certificate" means a document issued by the board.
(f) "Certificate holder" means a person holding a certificate issued by the board.
(g) "Certificate of authorization" means a certificate issued under the provisions of this article to a firm providing surveying or underground surveying services.
(h) "Construction survey" means the laying of stakes for a the practice of surveying related to any type of construction, project building or excavation activities.
(i) "Description of survey", under this article only, means a description established by a survey describing the physical location of land or the associated effects on the land.
(i) (j) "Direct supervision" means the responsible licensee or endorsee is in direct control of all field and office surveying operations: Provided, That direct control does not necessarily require the actual physical presence of the responsible licensee or endorsee at the site of the survey, nor prohibit the responsible licensee or endorsee from maintaining simultaneous direct supervision of more than one survey.
(j) (k) "Endorsee" means a person holding an endorsement to practice underground surveying in a specialized field of surveying issued by the board under the provisions of this article.
(k) (l) "Endorsement" means an endorsement authorization, in addition to a professional surveyor license, to practice underground surveying in a specialized field of surveying issued by the board under the provisions of this article.
(l) (m) "Firm" means any nongovernmental business entity, including an individual, partnership or corporation, providing surveying or underground surveying services.
(m) (n) "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.
(n) (o) "Geographic information system" means a system of hardware, software and procedures designed to support the capture and management of spatially referenced information.
(p) "Geomatics" means the art, science and technologies related to the acquisition, management, and interpretation of geographic or spatially referenced objects.
(o) (q) "Global positioning system survey" means any measurement of elevations or positions either absolute or relative which utilizes the observation of artificial satellites, stationary positioning beacons or reference networks.
(p) (r) "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.
(q) (s) "Inactive" means the status granted by the board to a licensee or endorsee.
(r) "Description of survey", under this article only, means a description established by a survey describing the physical location of land or the associated effects on the land.
(t) "Land information system" means a manual or computer-based information system used to store, retrieve, display, and plot spatial and textural data relating primarily to land features and characteristics.
(s) (u) "License" means a surveying license issued under the provisions of this article.
(t) (v) "Licensee" means a person holding a surveying license issued under the provisions of this article.
(u) (w) "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.
(v) (x) "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.
(w) (y) "Mortgage/loan inspection survey" means a substandard survey of a lot or parcel of land in which property lines and corners have not been established and is performed for the sole purpose of obtaining mortgage title insurance. This includes the location of the improvements and utilities as they relate to the property and a cursory check for violations or encroachments onto the subject lot or parcel based on existing but unconfirmed evidence and does not constitute a boundary survey and is subject to any inaccuracies that a subsequent boundary survey may disclose.
(x) (z) "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.
(y) (aa) "Partition survey" means a survey where the boundary lines of a newly created parcel of land are established and the new corners are monumented.
(z) (bb) "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.
(aa) (cc) "Practice of surveying" means providing professional surveying services, including consulting, investigating, expert testimony, evaluating, planning, mapping and surveying.
(dd) "Remote sensing" means the analysis of aerial photography as well as the detection and measurement of data remotely gathered from a wide variety of sensing instruments, including, but not limited to, 1ight (cameras and scanners), heat (thermal scanners) and radio waves (radar).
(bb) (ee) "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.
(cc) (ff) "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.
(dd) (gg) "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.
(ee) (hh) "Subdivision" means the division of a lot, tract or parcel of land into two or more lots, tracts or parcels of land.
(ff) (ii) "Surface mine survey" means a survey of the surface mine permit area, including the location of the surface mine, the surface or mineral tracts on which the surface mine is located, the physical features surrounding the surface mine, all creeks or streams near the surface mine and any other identifying characteristics of the land to specify the location of the surface mine permit area. A surface mine survey must be performed 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 and regulations affecting surface mine surveys of other regulatory agencies.
(gg) (jj) "Survey" or "land survey" means to measure a parcel of land and ascertain its boundaries, corners and contents or make any other authoritative measurements. A survey 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 by a licensed surveyor;
(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; or
(3) The performance of an underground survey by an endorsed underground surveyor.
(hh) (kk) "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.
(ii) (ll) "Surveyor", "professional surveyor" or "land surveyor" means a person licensed to practice surveying under the provisions of this article. The board may designate a professional surveyor, on the basis of education, experience and examination, as being licensed in a specific discipline or branch of surveying signifying the area in which the surveyor has demonstrated competence.
(jj) (mm) "Surveyor, retired", "professional surveyor, retired" or "land surveyor, retired" means a licensed surveyor no longer practicing surveying or underground surveying, who has chosen to retire and has been granted the honorific title of "Professional Surveyor, Retired".
(kk) (nn) "Surveyor-in-charge" means a licensee or endorsee designated by a firm to oversee the surveying activities and practices of the firm.
(ll) (oo) "Surveyor intern" means a person who has passed an examination covering the fundamentals of land surveying.
(mm) (pp) "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.
(nn) (qq) "Underground surveyor" means a licensed person endorsed to practice underground surveying.
§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 certificate and certificate of authorization;
(4) Examine the qualifications of any applicant for a license, endorsement, or certificate;
(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 written, oral or written and oral examinations and reexaminations for a license, endorsement or certificate;
(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, endorsees and certificate holders;
(11) Maintain an accurate registry of names and addresses of firms holding a certificate of authorization;
(12) Establish the standards for surveys, and the practice of surveying and underground surveying;
(13) Define, by legislative rule, the fees charged under the provisions of this article;
(14) Issue, renew, deny, suspend, revoke or reinstate licenses, endorsements and certificates and discipline such persons;
(15) Issue, renew, deny, suspend, revoke or reinstate certificates of authorization and discipline such firms;
(16) Establish, by legislative rule, and implement the continuing education requirements for licensees and endorsees;
(17) Sue and be sued in its official name as an agency of this state;
(18) Set the job requirements for investigators and employees necessary to enforce the provisions of this article;
(19) Hire, fix the compensation of and discharge investigators and the employees necessary to enforce the provisions of this article;
(20) Investigate alleged violations of the provisions of this article, the rules promulgated hereunder, and orders and final decisions of the board;
(21) 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;
(22) Set disciplinary action and issue orders;
(23) 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
(24) Take all other actions necessary and proper to effectuate the purposes of this article.
§30-13A-8. Education, experience and examination requirements for a surveying license.

(a) Before a person may apply for a surveying license to practice under the provisions of this article, 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 professional 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 to engage in the practice of surveying, and has passed the examination prescribed by the board, which examination consists of principles and practices practice 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 as prescribed by the board by rule;
(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 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 as prescribed by the board by rule;
(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 as prescribed by the board by rule; or
(D) Is not a graduate of a surveying curriculum, has completed the National Society of Professional Surveyors Survey Technician Program, has obtained a level IV certification, issued by the National Society of Professional Surveyors, with a total of five and one-half years 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 an examination in the fundamentals of land surveying, has four additional years of experience in surveying, including two years of 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 as prescribed by the board by rule: Provided, That the person intending to apply for the license pursuant to the provisions of this subdivision so notifies the board before the January 1, 2005.
(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 as prescribed by the board by rule.
(d) The examination in the fundamentals of land surveying, the examination in the principles and practice of land surveying and the West Virginia examination as prescribed by the board by rule 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. 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 and is subject to the provisions set forth in subsection (c) of this section.
(c) A surveyor intern must pass the principles and practice of land surveying examination and the West Virginia examination as prescribed by the board by rule 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-10. Surveying license requirements.
(a) The board shall issue a surveying license to practice under the provisions of this article 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 state or country 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.
(d) A license to practice land surveying issued by the board prior to the July 1, 2004, shall for all purposes be considered a license issued under this section: Provided, That a person holding a license to practice land surveying issued prior to July 1, 2004, must renew the license pursuant to the provisions of section thirteen of this article.
§30-13A-11. Underground surveying endorsement requirements.
(a) The board shall issue an endorsement to practice underground surveying under the provisions of this article to an applicant who meets the following requirements:
(1) Is a licensed surveyor;
(2) Has three years or more experience in underground surveying under the direct supervision of an endorsee or a person authorized in another state or country to engage in the practice of underground surveying; and
(3) Has passed an endorsement examination as prescribed by the board.
(b) An application for an underground surveying endorsement shall be made on forms provided by the board and include the following:
(1) Name and address of the applicant;
(2) Applicant's underground surveying experience;
(3) Names of three persons for reference, all three of whom shall be endorsees or persons authorized in another state or country to engage in the practice of underground surveying, and who have knowledge of the applicant's work; and
(4) Any other information the board prescribes.
(c) An applicant shall pay all the applicable fees.
(d) The examination for underground surveying shall be held at least once each year at the time and place determined by the board. An applicant who fails to pass all or any part of the examination may apply for reexamination, as prescribed by the board, at any time and shall furnish additional information and fees as required by the board.
(e) A license to practice underground surveying issued by the board prior to July 1, 2004, shall for all purposes be considered an endorsement issued under this section: Provided, That a person holding a license to practice underground surveying issued prior to July 1, 2004, must renew and then receive an endorsement pursuant to the provisions of section thirteen of this article.
§30-13A-12. License, endorsement and certificate from another state; license, endorsement and certificate to practice in this state.

The board may issue a license, endorsement or certificate to practice surveying or underground surveying in this state to an applicant of good moral character who holds a valid license, endorsement, certificate, registration or other authorization to practice surveying or underground surveying from another state if the applicant demonstrates that:
(1) He or she holds a license, endorsement, certificate, registration or other authorization to practice surveying or underground surveying in another state which was granted after completion of educational requirements substantially equivalent to those required in this state;
(2) He or she holds a license, endorsement, certificate, registration or other authorization to practice surveying or underground surveying in another state which was granted after completion of experience requirements substantially equivalent to those required in this state;
(3) He or she holds a license, endorsement, certificate, registration or other authorization to practice surveying or underground surveying in another state which was granted after passing, in that or another state, examinations that are substantially equivalent to the examinations required in this state and has passed the West Virginia examination;
(4) 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, endorsement, certificate, registration or other authorization to practice surveying or underground surveying and has never had a license, endorsement, certificate, registration or other authorization to practice surveying or underground surveying revoked;
(5) He or she has not previously failed an examination for licensure, endorsement or certification in this state;
(6) He or she has paid all the applicable fees; and
(7) Has completed such other action as required by the board.
§30-13A-15. Delinquent and Expired expired license and endorsement requirements.
(a) If a license or endorsement is not renewed when due, then the board shall automatically place the licensee or endorsee on expired delinquent status.
(b) The fee for a person on expired 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 expired delinquent status, if a licensee or endorsee 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 expired delinquent status, a license or endorsement is automatically placed on expired status and cannot be renewed. A person whose license or endorsement has expired must reapply for a new license or endorsement.
§30-13A-16. Retired license and endorsement requirements.
(a) A licensee or endorsee who does not want to continue practicing surveying or underground 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-17. Requirements for when a person fails an examination.
(a) Any person failing any of the examinations for surveying or underground surveying shall not be permitted to work as a licensed surveyor or underground 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 as prescribed by the board by rule may only work as a surveyor intern under the direct supervision of a licensee or a person authorized in another state or country to engage in the practice of surveying until he or she passes all of the examinations.
(d) Any person failing the an endorsement examination for underground surveying shall not be permitted to work as an endorsed underground surveyor under the provisions of this article until the person has passed the examination. This subsection does not preclude the person from practicing as a licensed surveyor.
§30-13A-19. Signature and seal or stamp.
(a) Each licensee must have a seal or a stamp, authorized by the board, which seal or stamp shall include the licensee's name and license number and the words "Professional Surveyor".
(b) Each endorsee must have a seal or a stamp, authorized by the board, which seal or stamp shall include the endorsee's name and endorsement license number and the words "Professional Surveyor SU".
(c) (b) All final survey documents prepared by a licensee or an endorsee shall be signed and stamped with the licensee's or the endorsee's seal or stamp, or an electronic signature, seal or stamp may be affixed.
(d) (c) It is unlawful for a person who is not licensed or not endorsed to affix a signature and stamp or seal on a document.
§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-23. Surveyor-in-charge requirements.
(a) A firm with a certificate of authorization practicing surveying or underground surveying in West Virginia must operate all surveying or underground surveying activities under the supervision and management of a surveyor-in-charge who shall be a licensee or endorsee who is licensed or endorsed in this state.
(b) The designated surveyor-in-charge is responsible for the surveying or underground surveying work in this state provided by the firm.
(c) A licensee or endorsee cannot be designated as a surveyor- in-charge for more than one firm without approval of the board.
(d) A licensee or endorsee who performs part-time or consulting surveying or underground surveying services for a firm cannot be designated as a surveyor-in-charge for that firm unless the licensee or endorsee 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, endorsees, certificate holders and other personnel providing surveying or underground 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 or endorsee to supervise the work of an individual that is not an employee of the licensee or endorsee, nor is employed by the same firm as the licensee or endorsee. The potential supervisor must apply to the board for this authorization.
§30-13A-24. Requirements for recording documents.
(a) No survey document intended to be used in the transfer of real property, prepared by a licensee or endorsee, shall be filed with any county clerk or accepted by any public official of this state unless the licensee's or endorsee's signature and seal or stamp have been affixed thereto, except that any document, plan, map, drawing, exhibit, sketch or pictorial representation prepared by a person exempted from the regulation and licensing requirements of this article as provided in section thirty-six of this article shall not be required to have the signature and seal required by section nineteen of this article affixed thereto.
(b) If a seal of such exempt person is not affixed to said document, plan, plat, map, drawing, exhibit, sketch or pictorial representation, a signed and dated certification shall be placed thereon by the exempt person, stating upon what the exemption is claimed. Said certification shall be in a form containing the following information:
"I certify that I am engaged in surveying exclusively for
Insert Firm or Agency Name Here and this survey is in compliance with the applicable minimum standards as promulgated by the board by rule and believe I am exempt from licensure under West Virginia Code 30-13A-35."
(b) (c) If a survey document, prepared by a licensee or endorsee, 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 licensee or endorsee has initialed the changes, except that any document, plan, map, drawing, exhibit, sketch or pictorial representation altered by a person exempted from the regulation and licensing requirements of this article as provided in section thirty-six of this article shall require that the person who made the alteration initial the changes.
§30-13A-29. Refusal to issue or renew, suspension or revocation;
disciplinary action.

(a) The board may refuse to issue, refuse to renew, suspend, revoke or limit any licensee, endorsee, certificate holder or certificate of authorization holder, or practice privilege of a licensee, endorsee, certificate holder or certificate of authorization holder, and may take disciplinary action against a licensee, endorsee, certificate holder or certificate of authorization holder who, after notice and a hearing, has been adjudged by the board as unqualified for any of the following reasons:
(1) Fraud or deceit in obtaining or maintaining a license, endorsement, certificate or certificate of authorization;
(2) Failure by any licensee, endorsee, certificate holder or certificate of authorization holder to maintain compliance with the requirements for the issuance or renewal of a license, endorsement, certificate or certificate of authorization;
(3) Dishonesty, fraud, professional negligence in the performance of land surveying or underground surveying services, or a willful departure from the accepted standards of surveying and the professional conduct of surveyors;
(4) Violation of any provision of this article, any rule promulgated hereunder, any professional standard or rule of professional conduct;
(5) Failure to comply with the provisions of this article, any rule promulgated hereunder or any order or final decision of the board;
(6) Failure to respond to a request or action of the board;
(7) Has been convicted of a crime involving moral turpitude;
(8) Conviction of a felony or a crime involving dishonesty or fraud under the laws of the United States or this state, or conviction of any similar crime under the laws of any other state, if the underlying act or omission involved would have constituted a crime under the laws of this state;
(9) Any conduct adversely affecting the licensee's, endorsee's, certificate holder's or certificate of authorization holder's fitness to perform surveying or underground surveying services; or
(10) Knowingly using any false or deceptive statements in advertising.
(b) If the board suspends, revokes, refuses to issue, refuses to renew or limits any license, endorsement, certificate, certificate of authorization or practice privilege, the board shall make and enter an order to that effect and give written notice of the order to the person by certified mail, return receipt requested, which order shall include a statement of the charges setting forth the reasons for the action, and notice of the date, time and place of the hearing. If a license, endorsement, certificate or certificate of authorization is ordered suspended or revoked, then the licensee, endorsee, certificate holder or certificate of authorization holder shall, within twenty days after receipt of the order, return the license, endorsement, certificate or certificate of authorization to the board. The hearing shall be held in accordance with the provisions of this article.
(c) Disciplinary action includes, but is not limited to, a reprimand, censure, probation, administrative fines, and mandatory attendance at continuing education seminars activities.
§30-13A-32. Unlawful acts.
(a) It is unlawful for any person to practice or offer to practice surveying or underground surveying in this state without a license or endorsement issued under the provisions of this article, or advertise or use any title or description tending to convey the impression that they are a licensed surveyor or an endorsed underground surveyor, unless such person has been duly licensed or endorsed under the provisions of this article.
(b) It is unlawful for any firm to practice or offer to practice surveying or underground 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 or underground surveying firm, unless such firm has been issued a certificate of authorization under the provisions of this article.
§30-13A-36. Exemption from licensing and regulation.
(a) The following persons are exempt from licensing and regulation under the provisions of this article:
(1) Any employee or agent of a person, firm, association or corporation, when such employee or agent is engaged in the practice of land surveying exclusively for the person, firm, association or corporation 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.
(b) The minimum standards for boundary surveys contained in section twenty-six of this article promulgated by the board by rule apply, notwithstanding the exemptions provided by this section.



NOTE: The purpose of this bill is to amend the Professional Surveyors Act.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.
This Web site is maintained by the West Virginia Legislature's Office of Reference & Information.  |  Terms of Use  |   Email WebmasterWebmaster   |   © 2024 West Virginia Legislature **


X

Print On Demand

Name:
Email:
Phone:

Print