§ 2707 License required.
(a) No person shall engage in the practice of land surveying or hold himself or herself out to the public in this State as being qualified to practice land surveying or use in connection with that person's name or otherwise assume or use any title or description conveying or tending to convey the impression that the person is qualified to practice land surveying, unless such person has been duly licensed under this chapter.
(b) Whenever a license to practice as a land surveyor in this State has expired or been suspended or revoked, it shall be unlawful for the person to practice land surveying in this State.
§ 2708 Qualifications of applicant; report to Attorney General; judicial review.
(a) An applicant who is applying for licensure under this chapter shall submit evidence, verified by oath and satisfactory to the Board, that such person:
(1)a. Applying for licensure as a surveyor intern has satisfied 1 of the following requirements:
1. Is a college senior or a graduate of a surveying program of 4 years or more; or
2. Is a graduate of a 4-year or more program as acceptable to the Board and has had at least 2 years of combined office and field experience in responsible charge of land surveying projects performed 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; or
3. Is a graduate of a surveying program of 2 years or more and has had at least 2 years of combined office and field experience in responsible charge of land surveying projects performed 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; or
4. Has 5.5 years of experience under the direct supervision of a professional land surveyor in the active practice of land surveying and has obtained Level IV Survey Technician Certification established by the National Society of Professional Surveyors — American Congress on Surveying and Mapping or similar certification acceptable to the Board.
b. Applying for licensure as a professional land surveyor has served as a surveyor intern with a specific record of 4 years, as said intern, of combined office and field experience in responsible charge of land surveying projects performed under the direct supervision of a professional land surveyor in the active practice of land surveying.
c. When calculating the years of experience for licensure under this chapter, the work performed under the direct supervision of a property line surveyor licensed under the Maryland Code, or by a surveyor licensed under equivalent provisions of other states, shall be considered as equivalent to work performed under the direct supervision of a professional land surveyor in Delaware.
(2) Professional land surveyors shall have achieved the passing score on the written standardized national examination developed by the national professional association in the principles of surveying and the written 2 hour examination on drainage and Delaware law. Surveyor interns shall have achieved a passing score on the written standardized national examination developed by the national professional association in the fundamentals of surveying; a college senior must show proof of graduation prior to issuance of a license as a surveyor intern.
(3) Shall have paid the appropriate fee or fees as established by the Division of Professional Regulation.
(4) Shall not have been the recipient of any administrative penalties regarding that person's practice of land surveying, including, but not limited to, fines, formal reprimands, license suspensions or revocation (except for license revocations for nonpayment of license renewal fees), or probationary limitations, and/or has not entered into any "consent agreements" that contain conditions placed by a Board on that person's professional conduct and practice, including any voluntary surrender of a license. The Board may determine, after a hearing, whether such administrative penalty is grounds to deny licensure.
(5) Shall not have any impairment related to drugs and/or alcohol that would limit the applicant's ability to undertake the practice of land surveying in a manner consistent with the safety of the public.
(6) Shall not have a criminal conviction record, nor pending criminal charge relating to an offense the circumstances of which substantially relate to the practice of land surveying. Applicants who have criminal conviction records or pending criminal charges shall request appropriate authorities to provide information about the record or charge directly to the Board in sufficient specificity to enable the Board to make a determination whether the record or charge is substantially related to the practice of land surveying. However, after a hearing or review of documentation demonstrating that the applicant meets the specified criteria for a waiver, the Board, by an affirmative vote of a majority of the quorum, may waive this paragraph (a)(6) of this section, if it finds all of the following:
a. For waiver of a felony conviction, more than 5 years have elapsed since the date of the conviction. At the time of the application the applicant may not be incarcerated, on work release, on probation, on parole or serving any part of a suspended sentence and must be in substantial compliance with all court orders pertaining to fines, restitution and community service.
b. For waiver of a misdemeanor conviction or violation, at the time of the application the applicant may not be incarcerated, on work release, on probation, on parole or serving any part of a suspended sentence and must be in substantial compliance with all court orders pertaining to fines, restitution and community service.
c. The applicant is capable of practicing professional land surveying in a competent and professional manner.
d. The granting of the waiver will not endanger the public health, safety or welfare.
(7) Shall not have engaged in any of the acts or offenses that would be grounds for disciplinary action under this chapter and has no disciplinary proceedings or unresolved complaints pending against that person in any jurisdiction where the applicant has previously been or currently is licensed or registered as a land surveyor.
(b) Where the Board has found to its satisfaction that an application has been intentionally fraudulent or that false information has been intentionally supplied, it shall report its findings to the Attorney General for further action.
(c) Where the application of a person has been refused or rejected and such applicant feels that the Board has acted without justification, has imposed higher or different standards for that person than for other applicants or licensees, or has in some other manner contributed to or caused the failure of such application, the applicant may appeal to the Superior Court. The appeal shall be treated as an appeal of an administrative agency decision pursuant to the Administrative Procedures Act, Chapter 101, Title 29.
43 Del. Laws, c. 286, § 12; 24 Del. C. 1953, § 2722; 57 Del. Laws, c. 423; 58 Del. Laws, c. 501, § 2; 61 Del. Laws, c. 434, § 2; 70 Del. Laws, c. 186, § 1; 72 Del. Laws, c. 265, § 1; 74 Del. Laws, c. 262, § 52; 75 Del. Laws, c. 327, §§ 2-4; 75 Del. Laws, c. 436, § 29; 76 Del. Laws, c. 170, §§ 2-5; 77 Del. Laws, c. 199, § 20; 78 Del. Laws, c. 44, §§ 40, 41.;
§ 2709 Reciprocity.
(a) Upon payment of the appropriate fee and submission and acceptance of a written application on forms provided by the Board, the Board shall grant a license to each applicant who shall present proof of current licensure in good standing in another state, the District of Columbia, or territory of the United States whose standards for licensure are substantially similar to those of this State and who meets the following criteria:
(1) That applicant's license is in good standing as defined in §2708(a)(3), (4), (5) and (6) of this title; and
(2) Has achieved the passing score on the 2-hour written examination on drainage and the Delaware law.
(b) An applicant who is licensed or registered in a state whose standards are not substantially similar to those of this State shall have practiced for a minimum of 5 years after licensure; provided, however, that the applicant meets all other qualifications for reciprocity in this section.
43 Del. Laws, c. 286, § 13; 24 Del. C. 1953, § 2724; 53 Del. Laws, c. 108, § 31; 58 Del. Laws, c. 501, § 2; 61 Del. Laws, c. 434, § 2; 65 Del. Laws, c. 222, § 2; 70 Del. Law, c. 186, § 1; 72 Del. Laws, c. 265, § 1; 75 Del. Laws, c. 436, § 30.;
§ 2710 Fees.
The amount to be charged for each fee imposed under this chapter shall approximate and reasonably reflect all costs necessary to defray the expenses of the Board, as well as the proportional expenses incurred by the Division in its service on behalf of the Board. There shall be a separate fee charged for each service or activity, but no fee shall be charged for a purpose not specified in this chapter. The application fee shall not be combined with any other fee or charge. At the beginning of each licensure biennium, the Division, or any other state agency acting in its behalf, shall compute, for each separate service or activity, the appropriate Board fees for the coming licensure biennium.
§ 2711 Issuance and renewal of licenses.
The Board shall issue a license to each applicant who meets the requirements of this chapter for licensure as a land surveyor and who pays the fee established under § 2710 of this title.
Each license shall be renewed biennially, in such manner as is determined by the Division, and upon payment of the appropriate fee and submission of a renewal form provided by the Division, and proof that the licensee has met the continuing education requirements established by the Board.
The Division or its designee shall notify every licensee of the date of expiration of license and the amount of the fee that shall be required for renewal at least 1 month prior to the expiration thereof. Failure to give or receive such notice shall not prevent the license from becoming invalid after its expiration date.
The Board, in its rules and regulations, shall determine the period of time within which a professional land surveyor may still renew license, notwithstanding the fact that such licensee has failed to renew on or before the renewal date. The Board shall charge a late fee equivalent to twice the sum of the unpaid renewal fee.
43 Del. Laws, c. 286, § 16; 24 Del. C. 1953, § 2729; 53 Del. Laws, c. 108, § 33; 57 Del. Laws, c. 609, § 3; 58 Del. Laws, c. 501, § 2; 61 Del. Laws, c. 434, § 2; 63 Del. Laws, c. 217, § 1; 65 Del. Laws, c. 222, § 3; 68 Del. Laws, c. 232, § 1; 70 Del. Laws, c. 186, § 1; 72 Del. Laws, c. 265, § 1; 75 Del. Laws, c. 327, § 5; 76 Del. Laws, c. 170, § 7.;
§ 2712 Grounds for discipline.
(a) A practitioner licensed under this chapter shall be subject to disciplinary actions set forth in § 2714 of this title after a hearing, the Board finds that the land surveyor:
(1) Has employed or knowingly cooperated in fraud or material deception in order to acquire a license as a land surveyor; has impersonated another person holding a license or registration or allowed another person to use that land surveyor's license, or aided or abetted a person not licensed as a land surveyor to represent himself or herself as a land surveyor;
(2) Has been convicted of a crime that is substantially related to the practice of land surveying; a copy of the record of conviction certified by the clerk of the court entering the conviction shall be conclusive evidence therefor;
(3) Has excessively used or abused drugs;
(4) Has engaged in an act of consumer fraud or deception; engaged in the restraint of competition; or participated in price-fixing activities;
(5) Has engaged in illegal, incompetent or grossly negligent conduct in the practice of land surveying;
(6) Has violated a lawful provision of this chapter or any lawful regulation established thereunder;
(7) Has had that land surveyor's license, certification or registration as a land surveyor suspended or revoked or other disciplinary action taken by the appropriate licensing authority in another jurisdiction; provided, however, that the underlying grounds for such action in another jurisdiction have been presented to the Board by certified record and the Board has determined that the facts found by the appropriate authority in the other jurisdiction constitute 1 or more of the acts defined in this chapter. Every person licensed as a land surveyor in this State shall be deemed to have given consent to the release of this information by the Board or other comparable agencies in another jurisdiction and to waive all objections to the admissibility of previously adjudicated evidence of such acts or offenses;
(8) Has failed to notify the Board that the land surveyor's license or registration as a land surveyor in another state has been subject to discipline or has been surrendered, suspended or revoked. A certified copy of the record of disciplinary action, surrender, suspension or revocation shall be conclusive evidence thereof; or
(9) While acting as a supervising land surveyor, has failed to supervise and take reasonable steps to see that unlicensed persons acting under the supervising land surveyor's direction or control perform services responsibly, competently and ethically, in accordance with rules and regulations established by the Board. Supervising land surveyors shall be subject to disciplinary action for any acts or offenses which are grounds for such action when such acts or offenses are undertaken by unlicensed persons acting under the supervising land surveyor's direction or control; or
(10) Has practiced or offered to practice as a land surveyor when the practitioner's license has expired or lapsed.
(b) Subject to the provisions of this chapter and subchapter IV of Chapter 101 of Title 29, no license shall be restricted, suspended or revoked by the Board and no practitioner's right to practice land surveying shall be limited by the Board until such practitioner has been given notice and an opportunity to be heard in accordance with the Administrative Procedures Act.
43 Del. Laws, c. 286, § 20; 24 Del. C. 1953, § 2730; 58 Del. Laws, c. 501, § 2; 61 Del. Laws, c. 434, § 5; 63 Del. Laws, c. 101, §§ 6-8; 70 Del. Laws, c. 186, § 1; 72 Del. Laws, c. 265, § 1; 74 Del. Laws, c. 262, § 53; 75 Del. Laws, c. 327, § 6; 76 Del. Laws, c. 170, § 6.;
§ 2713 Complaints.
(a) All complaints shall be received and investigated by the Division of Professional Regulation in accordance with § 8735 of Title 29, and the Division shall be responsible for issuing a final written report at the conclusion of its investigation.
(b) When it is determined that an individual is engaging in the practice of land surveying or is using the title land surveyor and is not licensed under the laws of this State, the Board shall apply to the Office of the Attorney General to issue a cease and desist order.
§ 2714 Disciplinary sanctions.
(a) The Board may impose any of the following sanctions, singly or in combination, when it finds that 1 or more of the conditions or violations set forth in § 2712 of this chapter applies to a practitioner regulated by this chapter:
(1) Issue a letter of reprimand.
(2) Censure a practitioner.
(3) Place a practitioner on probationary status, and require the practitioner to:
a. Report regularly to the Board upon the matters which are the basis of the probation;
b. Limit all practice and professional activities to those areas prescribed by the Board.
(4) Suspend any practitioner's license.
(5) Revoke any practitioner's license.
(6) Impose a monetary penalty not to exceed $5,000 for each violation.
(b) The Board may withdraw or reduce conditions of probation when it finds that the deficiencies that required such action have been remedied.
(c) In the event of a formal or informal complaint concerning the activity of a licensee that presents a clear and immediate danger to the public health, safety or welfare, the Board may temporarily suspend the person's license, pending a hearing, upon the written order of the Secretary of State or the Secretary's designee, with the concurrence of the Board chair or the Board chair's designee. An order temporarily suspending a license may not be issued unless the person or the person's attorney received at least 24 hours' written or oral notice before the temporary suspension so that the person or the person's attorney may file a written response to the proposed suspension. The decision as to whether to issue the temporary order of suspension will be decided on the written submissions. An order of temporary suspension pending a hearing may remain in effect for no longer than 60 days from the date of the issuance of the order unless the temporarily suspended person requests a continuance of the hearing date. If the temporarily suspended person requests a continuance, the order of temporary suspension remains in effect until the hearing is convened and a decision is rendered by the Board. A person whose license has been temporarily suspended pursuant to this section may request an expedited hearing. The Board shall schedule the hearing on an expedited basis, provided that the Board receives the request within 5 calendar days from the date on which the person received notification of the decision to temporarily suspend the person's license.
(d) As a condition of reinstatement of a suspended license or removal from probationary status, the Board may impose such disciplinary or corrective measures as are authorized under this chapter.
43 Del. Laws, c. 286, § 20; 24 Del. C. 1953, § 2730; 58 Del. Laws, c. 501, § 2; 61 Del. Laws, c. 434, § 5; 63 Del. Laws, c. 101, §§ 6-8; 70 Del. Laws, c. 186, § 1; 72 Del. Laws, c. 265, § 1; 77 Del. Laws, c. 111, § 2; 79 Del. Laws, c. 213, § 2.;
§ 2715 Hearing procedures.
(a) If a complaint is filed with the Board pursuant to § 8735 of Title 29 alleging violation of § 2714 of this title, the Board shall set a time and place to conduct a hearing on the complaint. Notice of the hearing shall be given and the hearing conducted in accordance with the Administrative Procedures Act, Chapter 101 of Title 29.
(b) All hearings shall be informal, without use of rules of evidence. If the Board finds by a majority vote of all members that the complaint has merit, the Board shall take such action permitted under this chapter as it deems necessary. The Board's decision shall be in writing and shall include its reasons for such decision. The Board's decision shall be mailed immediately to the practitioner.
(c) Where the practitioner is in disagreement with the action of the Board, that practitioner may appeal the Board's decision to the Superior Court within 30 days of service or of the postmarked date of the copy of the decision mailed to the practitioner. Upon such appeal the Court shall hear the evidence on the record. Stays shall be granted in accordance with § 10144 of Title 29.
§ 2716 Reinstatement of a suspended license; removal from probationary status; replacement of license.
(a) As a condition to reinstatement of a suspended license or removal from probationary status, the Board may reinstate such license if after a hearing the Board is satisfied that the licensee has taken the prescribed corrective actions and otherwise satisfied all of the conditions of the suspension and/or the probation.
(b) Applicants for reinstatement shall pay the appropriate fees and submit documentation required by the Board as evidence that all the conditions of a suspension and/or probation have been met. Proof that the applicant has met the continuing education requirements of this chapter may also be required, as appropriate.
(c) A new license to replace any license lost, destroyed or mutilated may be issued subject to the rules of the Board. A charge shall be made for such issuance.
§ 2717 Penalty.
A person not currently licensed under this chapter as a land surveyor, when guilty of engaging in the practice of land surveying, or using in connection with that person's name or otherwise assuming or using any title or description conveying or tending to convey the impression that the person is qualified to practice land surveying, such offender shall be guilty of a misdemeanor. Upon the first offense, the person shall be fined not less than $500 or more than $1000 for each offense. For a second or subsequent conviction, the fine shall be not less than $1000 or more than $2000 for each offense. Justice of the Peace Court shall have jurisdiction over all violations of this chapter.