Senate Bill No. 531
(By Senator Snyder (By Request))
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[Introduced March 10, 2009; referred to the Committee on
Government Organization.]
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A BILL to repeal §30-13A-26 of the Code of West Virginia, 1931, as
amended; and to amend and reenact §30-13A-1, §30-13A-3, §30-
13A-5, §30-13A-8, §30-13A-9, §30-13A-10, §30-13A-11, §30-13A-
12, §30-13A-15, §30-13A-16, §30-13A-17, §30-13A-19, §30-13A-
20, §30-13A-23, §30-13A-24, §30-13A-29, §30-13A-32 and §30-
13A-36 of said code, all relating to amending the professional
surveyors act.
Be it enacted by the Legislature of West Virginia:
That §30-13A-26 of the Code of West Virginia, 1931, as
amended, be repealed; and that §30-13A-1, §30-13A-3, §30-13A-5,
§30-13A-8, §30-13A-9, §30-13A-10, §30-13A-11, §30-13A-12, §30-13A-
15, §30-13A-16, §30-13A-17, §30-13A-19, §30-13A-20, §30-13A-23,
§30-13A-24, §30-13A-29, §30-13A-32 and §30-13A-36 of said code be
amended and reenacted, all to read as follows:
ARTICLE 13A. PROFESSIONAL SURVEYORS.
§30-13A-1. Legislative findings; license required to practice.
The practice of surveying
and underground surveying involves
special knowledge in mathematics and physical and applied sciences
and specific knowledge in the principles and methods of surveying
and underground surveying, which knowledge can only be acquired
through education and practical experience in surveying.
and
underground surveying. Land surveying and underground surveying
involve Surveying involves precise practices and should only be
performed by a person who has specific training in surveying
or
underground surveying.
Therefore, the Legislature finds that to protect the public
interest and to provide for the regulation of surveying
and
underground surveying in this state, a person must have a license,
as provided in this article, to practice as a surveyor in the State
of West Virginia
and or a person must have,
in addition to a
surveyor's license,
and an endorsement, as provided in this
article, to practice
as an underground surveyor in a specialized
field of surveying in the State of West Virginia.
§30-13A-3. Definitions.
As used in this article, the following words and terms have
the following meanings, unless the context clearly indicates
otherwise:
(a) "Applicant" means a person making application for a
license, endorsement or certificate, or a firm making application for a certificate of authorization, under the provisions of this
article.
(b) "Board" means the West Virginia Board of Professional
Surveyors.
(c) "Boundary survey" means a
surface or subsurface survey,
in
whole or in part, in which property
or easement lines
or the
ownership or possession lines of a parcel of land, claim area,
possession area or encroachment area and corners of a parcel of
land have been established by a
field survey and a description of
survey has been written and a plat has been prepared
for the
property and may include retracing exiting property or easement
lines; the creation of a new easement or right-of-way; the
partition, cut-out or subdivision of lots or parcels from an
existing property, or the subdivision of an existing property into
several lots, blocks or streets.
(d)"Cadastral survey" means a survey representing the
ownership, relative positions and dimensions of land, objects and
estates.
(e) "Certificate" means a document issued by the board.
(f) "Certificate holder" means a person holding a certificate
issued by the board.
(g) "Certificate of authorization" means a certificate issued
under the provisions of this article to a firm providing surveying
or underground surveying services.
(h) "Construction survey" means
the laying of stakes for a the
practice of surveying related to any type of construction,
project
building or excavation activities.
(i) "Description of survey", under this article only, means a
description established by a survey describing the physical
location of land or the associated effects on the land.
(i) (j) "Direct supervision" means the responsible licensee or
endorsee is in direct control of all field and office surveying
operations:
Provided, That direct control does not necessarily
require the actual physical presence of the responsible licensee or
endorsee at the site of the survey, nor prohibit the responsible
licensee or endorsee from maintaining simultaneous direct
supervision of more than one survey.
(j) (k) "Endorsee" means a person holding an endorsement to
practice
underground surveying in a specialized field of surveying
issued
by the board under the provisions of this article.
(k) (l) "Endorsement" means an
endorsement authorization, in
addition to a professional surveyor license, to practice
underground surveying in a specialized field of surveying issued
by
the board under the provisions of this article.
(l) (m) "Firm" means any nongovernmental business entity,
including an individual, partnership or corporation, providing
surveying
or underground surveying services.
(m) (n) "Geodetic control survey" means a survey involving the precise measurement of points on the earth's surface which form the
framework or control for a large map or project.
(n) (o) "Geographic information system" means a system of
hardware, software and procedures designed to support the capture
and management of spatially referenced information.
(p) "Geomatics" means the art, science and technologies
related to the acquisition, management, and interpretation of
geographic or spatially referenced objects.
(o) (q) "Global positioning system survey" means any
measurement of elevations or positions either absolute or relative
which utilizes the observation of
artificial satellites,
stationary
positioning beacons or reference networks.
(p) (r) "Hydrographic survey" means a survey that measures and
determines the topographic features of water bodies and the
adjacent land areas, including the width, depth and course of water
bodies and other relative features.
(q) (s) "Inactive" means the status granted by the board to a
licensee or endorsee.
(r) "Description of survey", under this article only, means a
description established by a survey describing the physical
location of land or the associated effects on the land.
(t) "Land information system" means a manual or computer-based
information system used to store, retrieve, display, and plot
spatial and textural data relating primarily to land features and characteristics.
(s) (u) "License" means a surveying license issued under the
provisions of this article.
(t) (v) "Licensee" means a person holding a surveying license
issued under the provisions of this article.
(u) (w) "Metes and bounds" means a description where the land
or the associated effects on the land have been measured by
starting at a known point and describing, in sequence, the lines by
direction and distance forming the boundaries of the land or a
defined area relative to the physical land features, associated
effects or structural improvements on the land.
(v) (x) "Monument" means a permanent marker, either boundary
or nonboundary, used to establish corners or mark boundary lines of
a parcel of land or reference the geospatial relationship of other
objects.
(w) (y) "Mortgage/loan inspection
survey" means a
substandard
survey
of a lot or parcel of land in which property lines and
corners have not been established
and is performed for the sole
purpose of obtaining mortgage title insurance. This includes the
location of the improvements and utilities as they relate to the
property and a cursory check for violations or encroachments onto
the subject lot or parcel based on existing but unconfirmed
evidence and does not constitute a boundary survey and is subject
to any inaccuracies that a subsequent boundary survey may disclose.
(x) (z) "Oil or gas well survey" means a survey and plat of a
proposed oil or gas well, including the location of the well, the
surface or mineral tract on which the well is located and the
physical features surrounding the well. An oil or gas well survey
must be performed in accordance with other provisions of this code
affecting oil and gas well surveys.
(y) (aa) "Partition survey" means a survey where the boundary
lines of a newly created parcel of land are established and the new
corners are monumented.
(z) (bb) "Photogrammetry" means the use of aerial photography,
other imagery and surveying principles to prepare scaled maps or
other survey products reflecting the contours, features and fixed
works of the earth's surface.
(aa) (cc) "Practice of surveying" means providing professional
surveying services, including consulting, investigating, expert
testimony, evaluating, planning, mapping and surveying.
(dd) "Remote sensing" means the analysis of aerial photography
as well as the detection and measurement of data remotely gathered
from a wide variety of sensing instruments, including, but not
limited to, 1ight (cameras and scanners), heat (thermal scanners)
and radio waves (radar).
(bb) (ee) "Responsible charge" means direct control
and of
surveying work under the direct supervision of a licensee or person
authorized in another state or country to engage in the practice of surveying.
(cc) (ff) "Retracement survey" means a survey where the
boundary lines and corners of a parcel of land are reestablished
from an existing legal or deed description.
(dd) (gg) "Strip" means a description of an area by reference
to an alignment, usually a right-of-way or an easement, stating the
number of feet on each side of the alignment, the relative position
of the alignment, a reference to the measurements and monuments
where the alignment crosses a parcel of land and the source of
title for each parcel of land the alignment crosses.
(ee) (hh) "Subdivision" means the division of a lot, tract or
parcel of land into two or more lots, tracts or parcels of land.
(ff) (ii) "Surface mine survey" means a survey of the surface
mine permit
area, including the location of the surface mine, the
surface or mineral tracts on which the surface mine is located, the
physical features surrounding the surface mine, all creeks or
streams near the surface mine and any other identifying
characteristics of the land to specify the location of the surface
mine permit area. A surface mine survey must be performed in
accordance with other provisions of this
or any other article of
the West Virginia Code affecting surface mine surveys
and is in
accordance with the rules and regulations affecting surface mine
surveys of other regulatory agencies.
(gg) (jj) "Survey" or "land survey" means to measure a parcel of land and ascertain its boundaries, corners and contents or make
any other authoritative measurements. A survey can be any of the
following, but not limited to:
(1) The performance of a boundary, cadastral, construction,
geodetic control, hydrographic, land, mortgage/loan inspection, oil
or gas well, partition, photogrammetry, retracement, subdivision or
surface mine survey by a licensed surveyor;
(2) The location, relocation, establishment, reestablishment,
laying out or retracement of any property line or boundary of any
parcel of land or of any road or utility right-of-way, easement,
strip or alignment or elevation of any fixed works by a licensed
surveyor; or
(3) The performance of an underground survey by an endorsed
underground surveyor.
(hh) (kk) "Surveying" or "land surveying" means providing, or
offering to provide, professional services using such sciences as
mathematics, geodesy, and photogrammetry, and involving both:
(1) The making of geometric measurements and gathering related
information pertaining to the physical or legal features of the
earth, improvements on the earth, the space above, on or below the
earth;
and
(2) Providing, utilizing or developing the same into survey
products such as graphics, data, maps, plans, reports, descriptions
or projects. Professional services include acts of consultation, investigation, testimony evaluation, expert technical testimony,
planning, mapping, assembling and interpreting gathered
measurements and information related to any one or more of the
following:
(A) Determining by measurement the configuration or contour of
the earth's surface or the position of fixed objects thereon.
(B) Determining by performing geodetic surveys the size and
shape of the earth or the position of any point on the earth.
(C) Determining the position for any survey control monument
or reference point.
(D) Creating, preparing or modifying electronic, computerized
or other data relative to the performance of the activities in the
above-described paragraphs (A) through (C), inclusive, of this
subdivision.
(E) Locating, relocating, establishing, reestablishing or
retracing property lines or boundaries of any tract of land, road,
right-of-way or easement.
(F) Making any survey for the division, subdivision, or
consolidation of any tract or tracts of land.
(G) Locating or laying out alignments, positions or elevations
for the construction of fixed works.
(H) Determining, by the use of principles of surveying, the
position for any
boundary or nonboundary survey monument or
reference point; or establishing or replacing any such monument or reference point.
(I) Creating, preparing or modifying electronic or
computerized or other data relative to the performance of the
activities in the above-described paragraphs (E) through (H),
inclusive, of this subdivision.
(3) Any person who engages in surveying, who by verbal claim,
sign, advertisement, letterhead, card or in any other way
represents themselves to be a professional surveyor, or who implies
through the use of some other title that they are able to perform,
or who does perform, any surveying service or work or any other
service designated by the practitioner which is recognized as
surveying, is practicing, or offering to practice, surveying within
the meaning and intent of this article.
(ii) (ll) "Surveyor", "professional surveyor" or "land
surveyor" means a person licensed to practice surveying under the
provisions of this article.
the board may designate a professional
surveyor, on the basis of education, experience and examination, as
being licensed in a specific discipline or branch of surveying
signifying the area in which the surveyor has demonstrated
competence.
(jj) (mm) "Surveyor, retired", "professional surveyor,
retired" or "land surveyor, retired" means a licensed surveyor no
longer practicing surveying
or underground surveying, who has
chosen to retire and has been granted the honorific title of "Professional Surveyor, Retired".
(kk) (nn) "Surveyor-in-charge" means a licensee or endorsee
designated by a firm to oversee the surveying activities and
practices of the firm.
(ll) (oo) "Surveyor intern" means a person who has passed an
examination covering the fundamentals of land surveying.
(mm) (pp) "Underground survey" means a survey that includes
the measurement of underground mine workings and surface features
relevant to the underground mine, the placing of survey points
(spads) for mining direction, the performance of horizontal and
vertical control surveys to determine the contours of a mine, the
horizontal and vertical location of mine features, and the
preparation of maps, reports and documents, including mine progress
maps and mine ventilation maps. An underground mine survey must be
performed in accordance with other provisions of this code
affecting underground mine surveys.
(nn) (qq) "Underground surveyor" means a
licensed person
endorsed to practice underground surveying.
§30-13A-5. Powers and duties of the board.
the board has all the powers and duties set forth in article
one of this chapter and also the following powers and duties:
(1) Hold meetings, conduct hearings and administer
examinations and reexaminations;
(2) Set the requirements for a license, endorsement, certificate, surveyor-in-charge and certificate of authorization;
(3) Establish qualifications for licensure and procedures for
submitting, approving and disapproving applications for a license,
endorsement certificate and certificate of authorization;
(4) Examine the qualifications of any applicant for a license,
endorsement, or certificate;
(5) Establish procedures for persons who have begun one of the
education, experience or examination requirements for licensure,
stated in subdivision (1), subsection (a), section eight of this
article, and has not completed the requirements prior to December
31, 2004;
(6) Prepare, conduct, administer and grade written, oral or
written and oral examinations and reexaminations for a license,
endorsement or certificate;
(7) Determine the passing grade for the examinations;
(8) Administer, or contract with third parties to administer,
the examinations and reexaminations required under the provisions
of this article;
(9) Maintain records of the examinations and reexaminations
the board or a third party administers, including the number of
persons taking the examination or reexamination and the pass and
fail rate;
(10) Maintain an accurate registry of names and addresses of
all licensees, endorsees and certificate holders;
(11) Maintain an accurate registry of names and addresses of
firms holding a certificate of authorization;
(12) Establish the standards for surveys,
and the practice of
surveying
and underground surveying;
(13) Define, by legislative rule, the fees charged under the
provisions of this article;
(14) Issue, renew, deny, suspend, revoke or reinstate
licenses, endorsements and certificates and discipline such
persons;
(15) Issue, renew, deny, suspend, revoke or reinstate
certificates of authorization and discipline such firms;
(16) Establish, by legislative rule, and implement the
continuing education requirements for licensees and endorsees;
(17) Sue and be sued in its official name as an agency of this
state;
(18) Set the job requirements for investigators and employees
necessary to enforce the provisions of this article;
(19) Hire, fix the compensation of and discharge investigators
and the employees necessary to enforce the provisions of this
article;
(20) Investigate alleged violations of the provisions of this
article, the rules promulgated hereunder, and orders and final
decisions of the board;
(21) Conduct hearings upon charges calling for discipline of a licensee, endorsee or certificate holder, or revocation or
suspension of a license, endorsement, certificate or certificate of
authorization;
(22) Set disciplinary action and issue orders;
(23) Propose rules in accordance with the provisions of
article three, chapter twenty-nine-a of this code to implement the
provisions of this article; and
(24) Take all other actions necessary and proper to effectuate
the purposes of this article.
§30-13A-8. Education, experience and examination requirements for
a surveying license.
(a) Before a person may apply for a surveying license to
practice under the provisions of this article, the person must have
completed one of the following educational, experience and
examination requirements:
(1) Prior to December 31,2004, has completed or is in the
process of completing one of the following education, experience
and examination requirements:
(A) Is a graduate of a surveying curriculum of two scholastic
years, has six years or more of experience in surveying under the
direct supervision of a licensee or a person authorized in another
state or country to engage in the practice of surveying, has passed
the examination prescribed by the board, which examination shall
cover the basic subject matter of
land surveying and
land surveying skills and techniques, and has passed the West Virginia
examination;
(B) Is not a graduate of a surveying curriculum, has eight
years or more of experience in surveying under the direct
supervision of a licensee or a person authorized in another state
or country to engage in the practice of surveying, has passed the
examination prescribed by the board, which examination shall cover
the basic subject matter of
land professional surveying and
land
surveying skills and techniques, and has passed the West Virginia
examination;
(C) Is a graduate of a surveying curriculum of two or more
years, has passed the surveyor-in-training (SIT) examination which
must have included an eight-hour portion of fundamentals in
science, mathematics and surveying, has six years or more of
experience in surveying under the direct supervision of a licensee
or a person authorized in another state or country to engage in the
practice of surveying, and has passed the examination prescribed by
the board, which examination consists of principles and
practices
practice of
land surveying and has passed the West Virginia
examination; or
(D) Prior to December 31, 2004, if a person has begun one of
the education, experience or examination requirements, stated in
this subdivision, and has not completed the requirements prior to
December 31, 2004, then the person must notify the board that he or she will be making application under this subdivision and comply
with the procedures prescribed by the board; or
(2) On and after January 1, 2005, has completed one of the
following education, experience and examination requirements:
(A) Has a four-year degree or a bachelor degree in surveying
approved by the board, which degree must include a minimum of
thirty hours of surveying or surveying-related courses, has passed
an examination in the fundamentals of
land surveying, has two years
or more of experience in surveying in responsible charge, has
passed an examination in the principles and practice of
land
surveying and has passed the West Virginia examination
as
prescribed by the board by rule;
(B) Has a four-year degree or a bachelor degree, has completed
a minimum of thirty hours of surveying or surveying-related
courses, has passed an examination in the fundamentals of
land
surveying, has four years or more of experience in surveying,
including two years of experience in responsible charge under the
direct supervision of a licensee or a person authorized in another
state or country to engage in the practice of surveying, has passed
an examination in the principles and practice of
land surveying and
has passed the West Virginia examination
as prescribed by the board
by rule;
(C) Has a two-year degree or an associate degree in surveying
or a related field approved by the board, which degree must include a minimum of thirty hours of surveying or surveying-related
courses, has passed an examination in the fundamentals of
land
surveying, has four years or more of experience in surveying,
including two years of experience in responsible charge under the
direct supervision of a licensee or a person authorized in another
state or country to engage in the practice of surveying, has passed
an examination in the principles and practice of
land surveying and
has passed the West Virginia examination
as prescribed by the board
by rule; or
(D) Is not a graduate of a surveying curriculum, has completed
the National Society of Professional Surveyors Survey Technician
Program, has obtained a level IV certification, issued by the
National Society of Professional Surveyors, with a total of five
and one-half years of experience in surveying under the direct
supervision of a licensee or a person authorized in another state
or country to engage in the practice of surveying, has passed an
examination in the fundamentals of
land surveying, has four
additional years of experience in surveying, including two years of
responsible charge under the direct supervision of a licensee or a
person authorized in another state or country to engage in the
practice of surveying, has passed an examination in the principles
and practice of
land surveying and has passed the West Virginia
examination
as prescribed by the board by rule:
Provided, That the
person intending to apply for the license pursuant to the provisions of this subdivision so notifies the board before the
January 1, 2005.
(b) A person graduating from a two-year or four-year approved
surveying degree program with a grade point average of 3.0 or
higher is permitted to take the examination in the fundamentals of
land surveying during his or her final semester.
(c) A person must pass the examination in the fundamentals of
land surveying and complete the work experience before he or she is
allowed to take the examination in the principles and practice of
land surveying and the West Virginia examination
as prescribed by
the board by rule.
(d) The examination in the fundamentals of
land surveying, the
examination in the principles and practice of
land surveying and
the West Virginia examination
as prescribed by the board by rule
shall each be held at least once each year at the time and place
determined by the board. A person who fails to pass all or any
part of an examination may apply for reexamination, as prescribed
by the board, and shall furnish additional information and fees as
required by the board.
§30-13A-9. Surveyor intern requirements.
(a) To be recognized as a surveyor intern by the board, a
person must meet the following requirements:
(1) Is of good moral character;
(2) Is at least eighteen years of age;
(3) Is a citizen of the United States or is eligible for
employment in the United States;
(4) Holds a high school diploma or its equivalent;
(5) Has not been convicted of a crime involving moral
turpitude;
(6) Has completed one of the education requirements set out in
section eight of this article; and
(7) Has passed an examination in the fundamentals of
land
surveying.
(b) A surveyor-in-training recognized by the board prior to
July 1, 2004, shall for all purposes be considered a surveyor
intern under this section
and is subject to the provisions set
forth in subsection (c) of this section.
(c) A surveyor intern must pass the principles and practice of
land surveying examination and the West Virginia examination
as
prescribed by the board by rule within ten years of passing the
fundamentals of
land surveying examination. If the examinations
are not passed within ten years, then the surveyor intern must
retake the fundamentals of
land surveying examination.
§30-13A-10. Surveying license requirements.
(a) the board shall issue a surveying license to practice
under the provisions of this article to an applicant who meets the
following requirements:
(1) Is of good moral character;
(2) Is at least eighteen years of age;
(3) Is a citizen of the United States or is eligible for
employment in the United States;
(4) Holds a high school diploma or its equivalent;
(5) Has not been convicted of a crime involving moral
turpitude; and
(6) Has completed all of one of the education, experience and
examination requirements set out in section eight of this article.
(b) An application for a surveying license shall be made on
forms provided by the board and include the following:
(1) Name and address of the applicant;
(2) Applicant's education and experience;
(3) Location and date of passage of all the examinations;
(4) Names of five persons for reference, at least three of
whom shall be licensees or persons authorized in another state or
country to engage in the practice of surveying, and who have
knowledge of the applicant's work; and
(5) Any other information the board prescribes.
(c) An applicant shall pay all the applicable fees.
(d) A license to practice
land surveying issued by the board
prior to the July 1, 2004, shall for all purposes be considered a
license issued under this section:
Provided, That a person holding
a license to practice
land surveying issued prior to July 1, 2004,
must renew the license pursuant to the provisions of section thirteen of this article.
§30-13A-11. Underground surveying endorsement requirements.
(a) the board shall issue an endorsement to practice
underground surveying under the provisions of this article to an
applicant who meets the following requirements:
(1) Is a licensed surveyor;
(2) Has three years or more experience in underground
surveying under the direct supervision of an endorsee or a person
authorized in another state or country to engage in the practice of
underground surveying; and
(3) Has passed an
endorsement examination as prescribed by the
board.
(b) An application for an underground surveying endorsement
shall be made on forms provided by the board and include the
following:
(1) Name and address of the applicant;
(2) Applicant's underground surveying experience;
(3) Names of three persons for reference, all three of whom
shall be endorsees or persons authorized in another state or
country to engage in the practice of underground surveying, and who
have knowledge of the applicant's work; and
(4) Any other information the board prescribes.
(c) An applicant shall pay all the applicable fees.
(d) The examination for underground surveying shall be held at least once each year at the time and place determined by the board.
An applicant who fails to pass all or any part of the examination
may apply for reexamination, as prescribed by the board, at any
time and shall furnish additional information and fees as required
by the board.
(e) A license to practice underground surveying issued by the
board prior to July 1, 2004, shall for all purposes be considered
an endorsement issued under this section:
Provided, That a person
holding a license to practice underground surveying issued prior to
July 1, 2004, must renew and then receive an endorsement pursuant
to the provisions of section thirteen of this article.
§30-13A-12. License, endorsement and certificate from another
state; license, endorsement and certificate to
practice in this state.
the board may issue a license, endorsement or certificate to
practice surveying
or underground surveying in this state to an
applicant of good moral character who holds a valid license,
endorsement, certificate, registration or other authorization to
practice surveying
or underground surveying from another state if
the applicant demonstrates that:
(1) He or she holds a license, endorsement, certificate,
registration or other authorization to practice surveying
or
underground surveying in another state which was granted after
completion of educational requirements substantially equivalent to those required in this state;
(2) He or she holds a license, endorsement, certificate,
registration or other authorization to practice surveying
or
underground surveying in another state which was granted after
completion of experience requirements substantially equivalent to
those required in this state;
(3) He or she holds a license, endorsement, certificate,
registration or other authorization to practice surveying
or
underground surveying in another state which was granted after
passing, in that or another state, examinations that are
substantially equivalent to the examinations required in this state
and has passed the West Virginia examination;
(4) He or she is not currently being investigated by a
disciplinary authority of another state, does not have charges
pending against his or her license, endorsement, certificate,
registration or other authorization to practice surveying
or
underground surveying and has never had a license, endorsement,
certificate, registration or other authorization to practice
surveying
or underground surveying revoked;
(5) He or she has not previously failed an examination for
licensure, endorsement or certification in this state;
(6) He or she has paid all the applicable fees; and
(7) Has completed such other action as required by the board.
§30-13A-15. Delinquent and Expired expired license and endorsement requirements.
(a) If a license or endorsement is not renewed when due, then
the board shall automatically place the licensee or endorsee on
expired delinquent status.
(b) The fee for a person on
expired delinquent status shall
increase at a rate, determined by the board, for each month or
fraction thereof that the renewal fee is not paid, up to a maximum
of thirty-six months.
(c) Within thirty-six months of being placed on
expired
delinquent status, if a licensee or endorsee wants to return to
active practice, he or she must complete all the continuing
education requirements and pay all the applicable fees as set by
rule.
(d) After thirty-six months of being placed on
expired
delinquent status, a license or endorsement
is automatically placed
on expired status and cannot be renewed. A person whose license or
endorsement has expired must reapply for a new license or
endorsement.
§30-13A-16. Retired license and endorsement requirements.
(a) A licensee or endorsee who does not want to continue
practicing surveying
or underground surveying and who has chosen to
retire shall notify the board in writing and be granted retired
status.
(b) A person granted retired status shall be given the honorific title of "Professional Surveyor, Retired" and cannot
practice in this state.
§30-13A-17. Requirements for when a person fails an examination.
(a) Any person failing any of the examinations for surveying
or underground surveying shall not be permitted to work as a
licensed surveyor
or underground surveyor under the provisions of
this article until the person has passed all the examinations.
(b) A person failing the fundamentals of
land surveying
examination may still gain experience as required in section eight
of this article until he or she passes the examination.
(c) A person who has passed the fundamentals of
land surveying
examination, but failed the principles and practice examination or
West Virginia examination
as prescribed by the board by rule may
only work as a surveyor intern under the direct supervision of a
licensee or a person authorized in another state or country to
engage in the practice of surveying until he or she passes all of
the examinations.
(d) Any person failing
the an endorsement examination
for
underground surveying shall not be permitted to work as an endorsed
underground surveyor under the provisions of this article until the
person has passed the examination. This subsection does not
preclude the person from practicing as a licensed surveyor.
§30-13A-19. Signature and seal or stamp.
(a) Each licensee must have a seal or a stamp, authorized by the board, which seal or stamp shall include the licensee's name
and license number and the words "Professional Surveyor".
(b) Each endorsee must have a seal or a stamp, authorized by
the board, which seal or stamp shall include the endorsee's name
and endorsement license number and the words "Professional Surveyor
SU".
(c)(b) All final survey documents prepared by a licensee or an
endorsee shall be signed and stamped with the licensee's or the
endorsee's seal or stamp, or an electronic signature, seal or stamp
may be affixed.
(d)(c) It is unlawful for a person who is not licensed or not
endorsed to affix a signature and stamp or seal on a document.
§30-13A-20. Certificate of authorization requirements.
(a) Each firm practicing surveying
or underground surveying in
West Virginia shall have a certificate of authorization.
(b) the board shall issue a certificate of authorization to a
firm that:
(1) Practices surveying
or underground surveying in West
Virginia;
(2) Provides proof that the firm has employed a surveyor-in-
charge;
(3) Has paid all applicable fees; and
(4) Completes such other requirements as specified by the
board.
§30-13A-23. Surveyor-in-charge requirements.
(a) A firm with a certificate of authorization practicing
surveying
or underground surveying in West Virginia must operate
all surveying
or underground surveying activities under the
supervision and management of a surveyor-in-charge who shall be a
licensee or endorsee who is licensed or endorsed in this state.
(b) The designated surveyor-in-charge is responsible for the
surveying
or underground surveying work in this state provided by
the firm.
(c) A licensee or endorsee cannot be designated as a surveyor-
in-charge for more than one firm without approval of the board.
(d) A licensee or endorsee who performs part-time or
consulting surveying
or underground surveying services for a firm
cannot be designated as a surveyor-in-charge for that firm unless
the licensee or endorsee is an officer, a majority interest holder
or owner of the firm.
(e) The responsibilities of a surveyor-in-charge include:
(1) Renewal of the certificate of authorization;
(2) Notification to the board of any change in the surveyor-
in-charge;
(3) Supervising the firm's employees, including licensees,
endorsees, certificate holders and other personnel providing
surveying
or underground surveying services in this state; and
(4) Ensuring that the policies of the firm adhere to the provisions of this article.
(f) the board may authorize a licensee or endorsee to
supervise the work of an individual that is not an employee of the
licensee or endorsee, nor is employed by the same firm as the
licensee or endorsee. The potential supervisor must apply to the
board for this authorization.
§30-13A-24. Requirements for recording documents.
(a) No survey document intended to be used in the transfer of
real property, prepared by a licensee or endorsee, shall be filed
with any county clerk or accepted by any public official of this
state unless the licensee's or endorsee's signature and seal or
stamp have been affixed thereto, except that any document, plan,
map, drawing, exhibit, sketch or pictorial representation prepared
by a person exempted from the regulation and licensing requirements
of this article as provided in section thirty-six of this article
shall not be required to have the
signature and seal
required by
section nineteen of this article affixed thereto.
(b) If a seal of such exempt person is not affixed to said
document, plan, plat, map, drawing, exhibit, sketch or pictorial
representation, a signed and dated certification shall be placed
thereon by the exempt person, stating upon what the exemption is
claimed. Said certification shall be in a form containing the
following information:
"I certify that I am engaged in surveying exclusively for Insert Firm or Agency Name Here and this survey is in compliance
with the applicable minimum standards as promulgated by the board
by rule and believe I am exempt from licensure under West Virginia
Code 30-13A-35."
(b)(c) If a survey document, prepared by a licensee or
endorsee, has been altered from its original form, it shall not be
filed with any county clerk or accepted by any public official of
this state, until the original licensee or endorsee has initialed
the changes, except that any document, plan, map, drawing, exhibit,
sketch or pictorial representation altered by a person exempted
from the regulation and licensing requirements of this article as
provided in section thirty-six of this article shall require that
the person who made the alteration initial the changes.
§30-13A-29. Refusal to issue or renew, suspension or revocation;
disciplinary action.
(a) the board may refuse to issue, refuse to renew, suspend,
revoke or limit any licensee, endorsee, certificate holder or
certificate of authorization holder, or practice privilege of a
licensee, endorsee, certificate holder or certificate of
authorization holder, and may take disciplinary action against a
licensee, endorsee, certificate holder or certificate of
authorization holder who, after notice and a hearing, has been
adjudged by the board as unqualified for any of the following
reasons:
(1) Fraud or deceit in obtaining or maintaining a license,
endorsement, certificate or certificate of authorization;
(2) Failure by any licensee, endorsee, certificate holder or
certificate of authorization holder to maintain compliance with the
requirements for the issuance or renewal of a license, endorsement,
certificate or certificate of authorization;
(3) Dishonesty, fraud, professional negligence in the
performance of
land surveying
or underground surveying services, or
a willful departure from the accepted standards of surveying and
the professional conduct of surveyors;
(4) Violation of any provision of this article, any rule
promulgated hereunder, any professional standard or rule of
professional conduct;
(5) Failure to comply with the provisions of this article, any
rule promulgated hereunder or any order or final decision of the
board;
(6) Failure to respond to a request or action of the board;
(7) Has been convicted of a crime involving moral turpitude;
(8) Conviction of a felony or a crime involving dishonesty or
fraud under the laws of the United States or this state, or
conviction of any similar crime under the laws of any other state,
if the underlying act or omission involved would have constituted
a crime under the laws of this state;
(9) Any conduct adversely affecting the licensee's, endorsee's, certificate holder's or certificate of authorization
holder's fitness to perform surveying
or underground surveying
services; or
(10) Knowingly using any false or deceptive statements in
advertising.
(b) If the board suspends, revokes, refuses to issue, refuses
to renew or limits any license, endorsement, certificate,
certificate of authorization or practice privilege, the board shall
make and enter an order to that effect and give written notice of
the order to the person by certified mail, return receipt
requested, which order shall include a statement of the charges
setting forth the reasons for the action, and notice of the date,
time and place of the hearing. If a license, endorsement,
certificate or certificate of authorization is ordered suspended or
revoked, then the licensee, endorsee, certificate holder or
certificate of authorization holder shall, within twenty days after
receipt of the order, return the license, endorsement, certificate
or certificate of authorization to the board. The hearing shall be
held in accordance with the provisions of this article.
(c) Disciplinary action includes, but is not limited to, a
reprimand, censure, probation, administrative fines, and mandatory
attendance at continuing education
seminars activities.
§30-13A-32. Unlawful acts.
(a) It is unlawful for any person to practice or offer to practice surveying
or underground surveying in this state without
a license or endorsement issued under the provisions of this
article, or advertise or use any title or description tending to
convey the impression that they are a licensed surveyor or an
endorsed
underground surveyor, unless such person has been duly
licensed or endorsed under the provisions of this article.
(b) It is unlawful for any firm to practice or offer to
practice surveying
or underground surveying in this state without
a certificate of authorization issued under the provisions of this
article, or advertise or use any title or description tending to
convey the impression that it is a surveying
or underground
surveying firm, unless such firm has been issued a certificate of
authorization under the provisions of this article.
§30-13A-36. Exemption from licensing and regulation.
(a) The following persons are exempt from licensing and
regulation under the provisions of this article:
(1) Any employee or agent of a person, firm, association or
corporation, when such employee or agent is engaged in the practice
of
land surveying exclusively for the person, firm, association or
corporation by which employed, or, if a corporation, its parents,
affiliates or subsidiaries, and such person, firm, association or
corporation does not hold himself, herself or itself out to the
public as being engaged in the business of
land surveying.
(2) Any employee or officer of the United States, this state or any political subdivision thereof, or their agents, when such
employee is engaged in the practice of
land surveying exclusively
for such governmental unit.
(b) The minimum standards for
boundary surveys
contained in
section twenty-six of this article promulgated by the board by rule
apply, notwithstanding the exemptions provided by this section.
NOTE: The purpose of this bill is to amend the professional
surveyors act.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.