CHAPTER 434

FORMERLY

HOUSE BILL NO. 752

AS AMENDED BY

HOUSE AMENDMENT NOS. 1, 2, 3 & 5

AN ACT TO AMEND CHAPTER 27, TITLE 24, DELAWARE CODE, RELATING TO PROFESSIONAL LAND SURVEYORS.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend Subchapter I of Chapter 27, Title 24, Delaware Code, by striking §2702, §2705, and §2706 in their entirety and substituting in lieu thereof the following new sections:

§2702. Board of Registration for Professional Land Surveyors; appointments; qualifications; terms of office; vacancies

(a) The State Board of Registration for Professional Land Surveyors, heretofore established, shall administer the provisions of this Chapter.

(b) The Board shall consist of five (5) professional land surveyors who shall be appointed by the Governor. At least one (1), but not more than two (2), professional land surveyors shall be appointed from each of the three counties of this State. Not more than three (3) members shall be appointed from any one political party.

(c) Each member of the Board shall:

(1) Be a citizen of the United States and a resident of this State at the time of his appointment and for the duration of his tenure; and

(2) Have been engaged in the practice of land surveying as a professional land surveyor for at least twelve (12) consecutive years immediately preceding his appointment; and

(3) Have been in responsible charge of land surveying projects for at least six (6) consecutive years immediately preceding his appointment.

(d) The term of office for members of the Board is three (3) years beginning in each case from the first day of July in the year

of appointment. A member may be reappointed to succeed himself.

(e) Vacancies on the Board occurring for any reason other than the expiration of term shall be filled by the Governor for the unexpired term. If such a vacancy is not filled within three (3) months after it occurs, the Board may appoint a provisional member to serve in the interim until the Governor acts.

(f) Sixty (60) days prior to the expiration of any term or as soon as a vacancy otherwise occurs, the Board may submit to the Governor the names of three (3) professional land surveyors who are qualified and willing to fill the vacancy along with the recommendation that the Governor appoint one of the three persons so named. The Board shall also provide an explanation of the manner in which the names were chosen.

(g) Each member of the Board shall receive a commission of his appointment from the Governor and, before beginning his term of office, shall file with the Secretary of State his written oath or affirmation for the faithful discharge of his official duty.

§2705. Meetings; officers; quorum

The Board shall hold at least one (1) regular meeting each year. Special meetings shall be held at such times as the rules and regulations of the Board may provide. Notice of all meetings shall be given in such manner as the rules and regulations may provide.

The Board shall elect or appoint annually a chairman, a vice-chairman and a secretary from its members.

A quorum of the Board shall consist of not less than three (3) members.

§2706. Board powers

(a) The Board shall have the power to adopt, amend and repeal all rules and regulations not inconsistent with the Constitution or laws of this State, including the adoption and promulgation of Rules of Professional Conduct for Land Surveyors, which may be reasonably necessary

(1) for the proper performance of its duties and the regulation of its procedures, meetings, records, examinations and the conduct thereof, and

(2) to carry out the objectives and intent of this Chapter.

(b) The Board shall adopt and have an official seal, which shall be affixed to each certificate issued.

(c) The Board may establish minimum technical or general standards to regulate the practice of land surveying within the State and may establish minimum requirements for the continuing education of registrants.

(d) Any member of the Board may administer oaths or affirmations to witnesses appearing before the Board.

(e) In carrying into effect the provisions of this Chapter, the Board under the hand of its chairman and the seal of the Board, may subpoena witnesses and compel their attendance and also may require the submission of books, papers, documents or other pertinent data in any disciplinary matter or in any case wherever a violation of this Chapter is alleged. Upon failure or refusal to comply with any such order of the Board or upon failure to honor its subpoena as herein provided, the Board may present its petition to the Superior Court setting forth the facts. Thereupon the Court shall, in a proper case, issue its subpoena to such person, requiring his attendance and testimony before such Court and the submission of such books, papers, documents or other pertinent data as may be deemed necessary and pertinent by the Board.

Any person failing or refusing to obey the subpoena or order of the Court may be proceeded against in the same manner as for refusal to obey any other subpoena or order of the Superior Court.

(f) The Board may establish a fee schedule as follows:

(1) each application for registration, not to exceed $150.00;

(1) each examination, not to exceed $125.00;

(1) each re-examination, not to exceed $100.00;

(2) each certificate of registration, not to exceed $100.00;

(1) each renewal of registration, not to exceed $125.00;

(2) each revalidation of a certificate of registration after suspension or revocation not to exceed $400.00;

(3) each replacement of a certificate of registration, not to exceed $75.00;

(1) each temporary permit for an out-of-state registrant, not to exceed $250.00; and

(2) publications or any other purpose as deemed reasonable by the Board."

Section 2. Amend Subchapter II of Chapter 27, Title 24, Delaware Code, by striking Sections 2722, 2724, 2725, 2728, 2729, 2731 and 2733 in their entirety and substituting in lieu thereof the following new sections:

42722. Qualifications for registration

In order to qualify for registration, an applicant must show that

(a) He is at least twenty-three (23) years of age;

(b) He is of good character and reputation;

(c) He has successfully completed an examination in accordance with the applicable provisions of this Chapter; and

(d) He has satisfied one of the following requirements:

(1) The applicant is a graduate of a surveying curriculum of four (4) years or more and has had at least three (3) years of combined office and field experience in responsible charge of land surveying projects under the direct supervision of a professional land surveyor in the active practice of land surveying. The required experience shall not be achieved concurrently with the education requirement.

(2) The applicant is a graduate of a surveying or related science curriculum of four (4) years or more and has had at least five (5) years of combined office and field experience in responsible charge of land surveying projects under the direct supervision of a professional land surveyor in the active practice of land surveying. The required experience shall not be achieved concurrently with the education requirement.

(3) The applicant has successfully completed a thirty-two (32) semester hour, or its academic equivalent, course of study in land surveying or survey-related subjects and has had at least six (6) years of combined office and field experience in responsible charge of land surveying projects under the direct supervision of a professional land surveyor in the active practice of land surveying.

(4) The applicant has had at least ten (10) years of combined office and field experience in responsible charge of land surveying projects under the direct supervision of a professional land surveyor in the active practice of land surveying.

§2724. Comity or endorsement

A person holding a certificate of registration to engage in the practice of land surveying on the basis of comparable qualifications issued by a proper authority of a state, territory or possession of the United States or any foreign country and an experience record satisfactory to the Board, will be given comity consideration upon application to the Board. However, he may be required to take such examinations as the Board deems necessary to determine his qualifications, but in any event, he shall be required to pass a written examination of not less than four (4) hours duration, which shall include questions on laws, procedures and practices pertaining to the practice of land surveying in the State of Delaware. Every application shall be accompanied by a non-refundable application fee established by the Board.

§2725. Examinations

(a) The Board shall conduct at least one examination per

12-month period and such examinations shall be held at a time and place determined by the Board.

(b) The examination of all applicants for registration shall include a written examination of at least sixteen (16) hours duration. The examination shall be broken down into at least two (2) sessions and shall include testing in the following areas:

(1) The Fundamentals of Land Surveying; and

(2) The Principles and Practice of Land Surveying.

An applicant shall not be admitted to the examination in the Principles and Practice of Land Surveying until he has first received credit from the Board for having successfully completed the examination in the Fundamentals of Land Surveying or its academic equivalent.

(c) The scope and duration of each examination or any part thereof, as well as the procedure for taking and grading the examination, shall be prescribed by the Board.

(d) An applicant failing an examination may apply for reexamination, which may be granted at the discretion of the Board.

(e) A non-refundable examination fee established by the Board shall be submitted by an applicant prior to any examination or reexamination.

§2728. Temporary permit

The Board may grant to a professional land surveyor who is currently registered in another state, territory or country whose requirements for registration are comparable to those of this State a temporary permit to engage in one (1) specified project, for one (1) client, and at one (1) location in this State, for a period not to exceed thirty (30) consecutive days. No person shall be granted more than one (1) such permit within any 365-day period.

Any person seeking a temporary permit shall apply to the Board in writing and shall pay a non-refundable application fee established by the Board.

A temporary permit shall not authorize the practice of professional land surveying in connection with any work not set forth in said permit.

§2729. Expiration and renewals

Certificates of registration shall be valid until the last day of June of each year whereupon they shall become invalid unless renewed. Renewal may be effected at any time prior to July 1 of each year by payment to the Board of the prescribed renewal fee. The secretary of the Board shall notify every registrant of the date of expiration of his certificate, at least one month prior to the expiration thereof, and the amount of the fee that shall be required for its renewal. Failure to give or receive such notice shall not prevent the certificate from becoming invalid after its expiration date.

Any registrant whose registration lapses as a result of his failure to renew may regain his registration within twelve (12) months after such lapse upon payment to the Board of an amount equal to two (2) times the current renewal fee. Otherwise, registration may be regained solely by filing a new application for registration with the Board in accordance with the applicable provisions of this Chapter.

Renewal shall be evidenced by the issuance of an annual registration card, bearing the date of expiration and the signature of the chairman and secretary of the Board.

§2731. Reissuance, revalidation, and replacement of certificates of registration

(a) The Board, for reasons it may deem sufficient, may reissue or revalidate the certificate of registration of any person whose certificate has been revoked or suspended, provided that three (3) or more members of the Board vote in favor of such reissuance or revalidation. Reissuance or revalidation shall be evidenced by the issuance of a new registration card upon payment of a fee established by the Board.

(b) A new certificate of registration may be issued by the Board to replace any unexpired certificate which has been lost, destroyed or mutilated upon payment of a fee established by the Board.

§2733. Persons not affected by this chapter

This chapter shall not be construed to prevent, affect or apply to:

(a) persons registered to practice engineering or architecture in Delaware;

(b) persons engaged in the practice of land surveying under the direct supervision of a professional land surveyor who is registered in this State and assumes responsibility for their activities;

(c) persons engaged in the practice of land surveying as employees under the direct supervision of a person who has been issued a temporary permit in accordance with the provisions of this chapter;

(d) the practice of employees of the government of the United States while engaged within this State in the practice of land sur

veying for said government; and

(e) persons engaged solely in the teaching of a surveying curriculum or courses related to land surveying."

Section 3. Amend §2723 of Subchapter II, Chapter 27, Title 24, Delaware Code, by adding thereto a new paragraph to be designated as paragraph (4) which shall read as follows:

"(4) Be accompanied by a non-refundable application fee established by the Board."

Section 4. Amend §2726 (a) of Subchapter II, Chapter 27, Title 24, Delaware Code, by striking the words "registration fee as provided for in Section 2724 of this title" as the same appear in said paragraph (a) and substituting in lieu thereof the following words:

"a prescribed and non-refundable registration fee"

Section 5. Amend §2730 (e) of Subchapter II, Chapter 27, Title 24, Delaware Code, by striking the word "two" in said paragraph (e) and substituting in lieu thereof the word "three".

Section 6. Amend Section 2734, Title 24 of the Delaware Code by striking said section in its entirety and substituting in lieu thereof the following:

§2734. Public works

Neither this State, nor any of its political subdivisions, such as counties, incorporated cities and towns or other political entities or legally constituted boards, commissions or authorities, or officials or employees thereof shall permit the commencement or continuance of any public work involving land surveying unless the field surveying shall be directly supervised by, and all drawings and documents as a result thereof shall be prepared or certified by, a Professional Land Surveyor registered hereunder or a person authorized under Chapter 28 of this Title to practice professional engineering in this State."

Approved July 8, 1978.