HB4450 H GO AM 2-23
Roskovensky 3338
The Committee on Government Organization moves to amend the
bill on page one, line twenty, by striking out everything after the
enacting clause and inserting in lieu thereof the following:
"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, §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amended, be repealed; to amend said code by adding thereto a new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; that and §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. Legislative findings; license required to practice.
Unlawful acts.
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 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 a person must have a surveyor's license and an
endorsement, as provided in this article, to practice as an
underground surveyor in the State of West Virginia.
(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. Short title. Applicable law.
This article shall be known and may be cited as the "West
Virginia Professional Surveyors Act."
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: unless the context clearly indicates
otherwise:
(a) "Applicant" means a person making application for a
license, or 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 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" means a document issued by the board.
(f) (e) "Certificate holder" means a firm holding a
certificate of authorization issued by the board.
(g) (f) "Certificate of authorization" means a certificate
issued under the provisions of this article to a firm providing
surveying or underground surveying services.
(h) (g) "Construction survey" means the laying of stakes for
a construction, project.
(i) (h) "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) (i) "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) (j) "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) (k) "Firm" means any nongovernmental business entity,
including an individual, association, partnership or corporation,
providing surveying or underground surveying services.
(m) (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.
(n) (m) "Geographic information system" means a system of
hardware, software and procedures designed to support the capture
and management of spatially referenced information.
(o) "Global positioning system survey" means any measurement
of elevations or positions either absolute or relative which
utilizes the observation of artificial satellites.
(p) (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.
(q) (p) "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.
(s) (q) "License" means a surveying license issued under the provisions of this article.
(t) (r) "Licensee" means a person holding a surveying license
issued under the provisions of this article.
(u) (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.
(v) (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.
(w) (u) "Mortgage/loan inspection survey" means a survey in
which property lines and corners have not been established.
(x) (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.
(y) (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.
(z) (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.
(aa) (y) "Practice of surveying" means providing professional
surveying services, including consulting, investigating, expert
testimony, evaluating, planning, mapping and surveying.
(bb) (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.
(cc) (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.
(dd) (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.
(ee) (cc) "Subdivision" means the division of a lot, tract or
parcel of land into two or more lots, tracts or parcels of land.
(ff) (dd) "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 affecting surface mine surveys of other
regulatory agencies.
(gg) (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. 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) (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.
(ii) (gg) "Surveyor", "professional surveyor" or "land
surveyor" means a person licensed to practice surveying under the
provisions of this article.
(jj) (hh) "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) (ii) "Surveyor-in-charge" means a licensee or endorsee
designated by a firm to oversee the surveying activities and
practices of the firm.
(ll) (jj) "Surveyor intern" means a person who has passed an
examination covering the fundamentals of land surveying.
(mm) (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.
(nn)"Underground surveyor" means a person endorsed to practice
underground surveying.
§30-13A-4. Board of surveyors.
(a) The "West Virginia Board of Examiners of Land Surveyors"
is hereby continued and commencing July 1, 2004, and shall be known
as the "West Virginia Board of Professional Surveyors."
The "West Virginia Board of Professional Surveyors" is
continued.
(b) To be effective on the first day of July, two thousand
four, the governor shall appoint, by and with the advice and
consent of the Senate, one person who is a licensed professional
surveyor and has practiced surveying for at least five years, for
a term of three years, to replace the member of the board whose
term expires on the first day of July, two thousand four.
(c) To be effective on the first day of July, two thousand
five, the governor shall appoint, by and with the advice and
consent of the Senate:
(1) One person who has a license in another field of practice
other than surveying and also has a surveyor license by examination
and has practiced surveying for at least ten years for a term of
four years;
(2) One person who is an endorsed underground surveyor with at
least ten years of experience for a term of four years; and
(3) One citizen member who is not licensed, endorsed or
certified under the provisions of this article and does not perform
any services related to the practice licensed, endorsed or
certified under the provisions of this article for a term of three
years.
(d) To be effective on the first day of July, two thousand
six, the governor shall appoint, by and with the advice and consent
of the Senate, one person who is a licensed professional surveyor
with at least ten years of experience for a term of four years to
replace the member of the board whose term expires on the first day
of July, two thousand six.
(e) After the initial appointment term, the board term shall
be for four years.
(f)
(b) The appointed term of each board member shall be for four
years.
(c) Commencing with the board terms beginning July 1, 2005, the board shall consist of the following five members:
The board shall consist of the following five members
appointed by the Governor by and with the advice and consent of the
Senate:
(1) Two 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;
(3) One endorsed underground surveyor who has practiced
underground surveying for at least five years; and
(4) (3) One citizen member who is not licensed, endorsed or
certified regulated under the provisions of this article and does
not perform any services related to the practice licensed, endorsed
or certified of surveying under the provisions of this article.
(g) (d) Each licensed or endorsed member of the board, at the
time of his or her appointment, must have held a license or
endorsement 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. Members must
represent the three congressional districts of the state.
(h) (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. Any member currently serving on the board on the effective date of this article may be reappointed
in accordance with the provisions of this section.
(i) (f) The Governor may remove any member from the board for
neglect of duty, incompetency or official misconduct.
(j) (g) Any member of the board immediately and automatically
forfeits his or her membership if he or she has his or her license
or endorsement to practice suspended or revoked by the board, is
convicted of a felony under the laws of any state or the United
States or becomes a nonresident of this state.
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.
(k) (h) The board shall designate one of its members as
chairperson and one member as secretary-treasurer.
(l) (i) Each member of the board shall is entitled to receive
compensation and expense reimbursement in accordance with section
eleven, article one of this chapter.
(m) (j) A majority of the members of the board shall
constitute a quorum.
(n) (k) The board must 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, certificate and certificate of authorization;
(4) Examine the qualifications of any applicant for a license
and 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 and 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, surveying and
underground surveying;
(13) (12) Define, by legislative rule, the fees charged under
the provisions of this article;
(14) (13) Issue, renew, deny, suspend, revoke or reinstate
licenses, endorsements and certificates and discipline such
persons;
(15) (14) Issue, renew, deny, suspend, revoke or reinstate
certificates of authorization and discipline such firms;
(16) (15) Establish, by legislative rule, and implement the
continuing education requirements for licensees and endorsees;
(17) (16) 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) (17) Hire, fix the compensation of and discharge
investigators and the employees necessary to enforce the provisions
of this article;
(20) (18) Investigate alleged violations of the provisions of
this article, the rules promulgated hereunder, and orders and final
decisions of the board;
(21) (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;
(22) (20) Set disciplinary action and issue orders;
(23) (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
(24) (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, certification, 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; and rates for nonrenewal
(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; and
certificate;
(8) Denying, suspending, revoking, reinstating or limiting the
practice of a licensee, endorsee or certificate holder; or a holder
of a certificate of authorization;
(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
(10) (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.
(b) (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
examiners of land surveyors fund" "Board of Professional Surveyors
Fund" which fund is hereby continued. Commencing on July 1, 2004,
The "board of examiners of land surveyors fund" shall be designated the "board of professional surveyors fund". 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, 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 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
state or country 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;
(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; 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 jurisdiction 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: Provided, That the person intending to
apply for the license pursuant to the provisions of this
subdivision so notifies the board before 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.
(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. 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-9. 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 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.
(d) A license to practice land surveying issued by the board
prior to 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-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-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 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-13. 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 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, experience and examinations 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) (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 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) (3) He or she has not previously failed an examination for
licensure endorsement or certification in this state;
(6) (4) He or she has paid all the applicable fees; and
(7) (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 or 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 and endorsement requirements.
(a) A licensee or endorsee 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 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.
§30-13A-16. Delinquent and 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-17. 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-18. Requirements for when a person fails an examination.
(a) Any person failing any of the examinations for surveying
or underground surveying shall not be is 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 may only work as a surveyor intern under
the direct supervision of a licensee or a person authorized in
another state or country jurisdiction to engage in the practice of
surveying until he or she passes all of the examinations.
(d) Any person failing the 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. Display of license and endorsement. or certificate.
(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-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) 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) 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-21. Certificate of authorization renewal requirements.
(a) A firm wanting to continue in active practice shall,
annually or biennially upon or before January 1, renew its
certificate of authorization and pay a renewal fee.
(b) At least thirty days prior to January 1, either annually
or biennially, the secretary-treasurer of the board shall mail to
every certificate of authorization 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
certificate of authorization and a late fee for any renewal not
paid in a timely manner.
§30-13A-22. Display of certificate of authorization.
(a) The board shall prescribe the form for a certificate of
authorization and may issue a duplicate certificate of
authorization upon payment of a fee.
(b) A firm shall conspicuously display its certificate of
authorization at its principal place of practice.
§30-13A-21. 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 affixed
thereto.
(b) 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-25. Delivery of plat and description; recordation.
(a) When a licensee or endorsee prepares a boundary survey, he
or she shall make a plat of the land and provide a description of
survey of the land. The licensee or endorsee shall give a copy of
the plat and the description of survey to the client.
(b) If the title to the land that was surveyed is conveyed and
the instrument conveying the title uses the description of survey,
the plat shall be recorded simultaneously with the instrument,
except when a plat has already been recorded and a reference to the
recordation of the plat is given instead.
§30-13A-26. Minimum standards for boundary surveys.
(a) The purpose of these standards is to establish minimum
technical criteria to govern the performance of surveyors when more
stringent specifications are not required. Further, the purpose is
to protect the inhabitants of this state from dishonest or
incompetent surveying and generally to protect the public welfare.
(b) The client discussion prior to the survey shall cover the
purpose of the survey, the scope of services, including the time for completion of the survey, disputes with adjoiners, fees and all
pertinent details of the contract.
(c) The record search shall include the record description
based on current and prior deeds, conveyance from common grantor,
or if necessary, the original survey or grant. It shall also
include descriptions of adjoining properties, other sources of
information or resolution of conflicts in descriptions. All
records of information sources used shall be retained as a
permanent record.
(d) A licensee, endorsee, an exempt person under section
thirty-six of this article or persons under the direct supervision
of a licensee, endorsee or exempt person shall physically go to the
land and perform the survey.
(e) The field survey shall consist of the following:
(1) A field search for controlling evidence;
(2) A discussion of evidence with the owner or client;
(3) A reasonable attempt at notifying the adjoiners;
(4) A reasonable attempt of talking to the adjoiners or others
having knowledge of the boundaries; and
(5) The location of evidence by appropriate methods and
procedures.
(f) The surveyor shall use methods and equipment suitable for
the purpose of the survey and the field notes shall be retained as
a permanent record.
(g) Distance shall be reported in feet or meters, or parts
thereof, and angles or directions shall be reported in degrees or parts thereof. The observations shall be measured to a precision
that will produce the desired level of accuracy. The area of the
tract being surveyed shall be measured and reported to a precision
consistent with the purpose of the survey. All measuring devices
shall be checked periodically for accuracy and condition.
(h) Monumentation is required for all new or reestablished
corners, or reference monument for inaccessible corners, and is
encouraged at intervisible points between corners. Set monuments
shall be made of durable material and set firmly in the ground.
Pipes shall have a minimum inside diameter of one inch, while
rebars shall have a minimum outside diameter of five-eighths inch
and both shall have a minimum length of thirty inches. Other
markers shall have a minimum cross-sectional area of one-half
square inch and shall be made of durable material, identifiable and
unique. Natural objects chosen for corners shall be durable,
unique and easily identifiable.
(i) All rebars, pipes and other markers, except natural
objects, shall have caps bearing the surveyor's license number or
company name.
(j) A plat shall be prepared for all boundary or partition
surveys, unless specifically prohibited by the client in the
contract. The plat shall show the results of the field survey and
be provided to the client. Plats shall be to a scale large enough
to show significant details.
(k) The following information shall be shown on plats, when
applicable:
(1) A north arrow and a basis of bearings;
(2) The date of the survey;
(3) The measured length and direction of each boundary line by
distance, bearing and quadrant: Provided, That in the case of a
strip survey the station and offset method may be utilized to
describe the strip;
(4) General location information;
(5) Ties to significant objects;
(6) The evidence of possession on or near the property line;
(7) The description of all corners or reference monuments,
including whether the corners were found (fd) or set;
(8) The outlined area of the property and all significant
parts, including streets, alleys and nonlotted areas of a
subdivision;
(9) The acres, acreage or square footage of the property;
(10) Any overlaps and gaps in record lines, former deed or
grant lines, as needed;
(11) The subdivision name, lot, block and plat reference;
(12) The tax map and parcel number, if available, of all the
tracts shown on the plat;
(13) The name of the current or past owners of the subject
property, or both;
(14) The name of the adjoining landowners;
(15) The current conveyance reference for the subject
property;
(16) The current conveyance reference for the adjoining landowners;
(17) The name and location of any creeks, rivers or roads near
the property to help locate the property;
(18) The plat's title for reference when recording;
(19) The district or municipality, county and state where the
property is located; and
(20) The name, address, license number, signature and seal of
the surveyor.
(l) A description of survey shall be prepared for all
boundary, partition and retracement surveys, except mortgage
inspection surveys, and be provided to the client.
(m) The following shall be included in a description of
survey, when applicable:
(1) A metes and bounds description, or strip description, if
applicable, of the property;
(2) The point of beginning;
(3) The description of monumentation at each corner and
objects encountered along the line, including the adjoining
landowners;
(4) The length and direction of each line;
(5) The radius, chord bearing and distance of a curved
boundary line;
(6) The lot and block numbers for newly platted partitions or
subdivisions;
(7) The acreage or square footage of the property;
(8) The watershed or topographic location where the property is located;
(9) A reference to the conveyance by which the current owner
claims title, including the grantor, grantee, date and recording
reference;
(10) A reference to the accompanying plat;
(11) The district or municipality, county and state where the
property is located; and
(12) The name of the individual preparing the description of
the survey.
(n) The report of survey shall be used when the plat and the
description of survey do not adequately address all matters
considered by the surveyor in performing the survey and should be
provided to the client with the plat and the description of survey.
(o) The report of survey shall include all unusual
circumstances surrounding the survey, with weight being given to
conflicting evidence and encroachments, overlaps or gaps and how
they were resolved and the names of adjoiners contacted and the
information they supplied.
(p) A mortgage/loan inspection survey in which boundaries on
a property have not been surveyed in accordance with the methods
set forth by the board, then the plat must be stamped "a mortgage
inspection survey only, not a boundary survey". The surveyor must
notify a landowner or other person commissioning their services if
a survey or an inspection was performed.
§30-13A-27. 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.
§30-13A-22. Complaints; investigations. Complaints;
investigations; due process procedure; grounds for disciplinary
action.
(a) The board may, on its own motion, conduct an investigation
to determine whether there are any grounds for disciplinary action
against a licensee, endorsee, certificate holder or certificate of
authorization holder. The board shall, upon the verified written
complaint of any person, conduct an investigation to determine whether there are any grounds for disciplinary action against a
licensee, endorsee, certificate holder or certificate of
authorization holder.
(b) Upon receipt of a written complaint filed against any
licensee, endorsee, certificate holder or certificate of
authorization holder, the board shall provide a copy of the
complaint to the licensee, endorsee, certificate holder or
certificate of authorization holder.
(c) If the board finds, upon investigation, that probable
cause exists that the licensee, endorsee, certificate holder or
certificate of authorization holder has violated any provision of
this article or the rules promulgated hereunder, then the board
shall serve the licensee, endorsee, certificate holder or
certificate of authorization holder with a written statement of
charges and a notice specifying the date, time and place of the
hearing. The hearing shall be held in accordance with the
provisions of this article.
(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. Refusal to issue or renew, suspension or revocation;
disciplinary action. Procedures for hearing; right of appeal.
(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.
(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. Hearing and judicial review. Judicial review.
(a) Any person adversely affected by an order entered by the board is entitled to a hearing. A hearing on a statement of the
charges shall be held in accordance with the provisions for
hearings set forth in section eight, article one of this chapter
and the procedures specified by the board by rule.
(b) Any licensee, endorsee, certificate holder or certificate
of authorization holder, adversely affected by any 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 five, chapter twenty-
nine-a of this code.
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-31. Reinstatement.
If the board has suspended, revoked or refused to renew a
license, endorsement, certificate or certificate of authorization,
the licensee, endorsee, certificate holder or certificate of
authorization holder shall be afforded an opportunity to
demonstrate his her or its qualifications to resume practice. The
application for reinstatement shall be in writing and subject to
the procedures specified by the board.
§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-33. Injunctions.
(a) When, by reason of an investigation under this article or
otherwise, the board or any other interested person believes that
a person has violated or is about to violate any provision of this
article, any rule promulgated hereunder, any order of the board or
any final decision of the board, the board or any other interested
person may apply to any court of competent jurisdiction for an
injunction against such person enjoining such person from the
violation. Upon a showing that the person has engaged in or is
about to engage in any prohibited act or practice, an injunction,
restraining order or other appropriate order may be granted by the court without bond.
(b) The board may fine and issue cease and desist orders
against individuals or firms found to be in violation of the
provisions of this article or any rule adopted thereunder.
(c) A cause of action by the board may be brought in the
circuit court of the county where the board's office is located or
in the circuit court of the county where the cause of action took
place.
§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 relevant county
prosecuting attorney or other 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.
§30-13A-35. Single act evidence of practice.
In any action brought or in any proceeding initiated under
this article, evidence of the commission of a single act prohibited by this article is sufficient to justify a penalty, injunction,
restraining order or conviction without evidence of a general
course of conduct.
§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 or firm, association or
corporation, when such employee or agent is engaged in the practice
of land surveying exclusively for the person, or 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 apply, notwithstanding the
exemptions provided by this section.
§30-13A-37. Continuation of the West Virginia Board of
Professional Surveyors.
Pursuant to the provisions of article ten, chapter four of
this code, the West Virginia Board of Professional Surveyors shall
continue to exist until July 1, 2011, unless sooner terminated, continued or reestablished.
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."