§ 2718 Applicability of chapter.
Nothing in this chapter shall be construed as preventing or restricting the practice, services, or activities of:
(1) Any person or persons licensed to practice engineering or architecture in Delaware;
(2) Any person or persons engaged solely in the teaching of land surveying or courses related to land surveying;
(3) Any employee of the United States government while engaged in the practice of land surveying for said government within this State;
(4) Any person or persons engaged in the practice of land surveying under the direct supervision of a professional land surveyor who is licensed in this State and who assumes responsibility for the activities of the unlicensed person or persons.
§ 2719 Seal.
Every land surveyor licensed in this State shall have a seal of a design authorized by the Board by regulation and which bears the professional land surveyor's name. All technical submissions prepared by such land surveyor, or under that land surveyor's direct supervision, shall be stamped with the impression of the professional land surveyor's seal. No professional land surveyor shall impress that land surveyor's seal on any technical submission unless it has been prepared under that land surveyor's direct supervision.
43 Del. Laws, c. 286, § 15; 24 Del. C. 1953, § 2726; 58 Del. Laws, c. 501, § 2; 61 Del. Laws, c. 434, § 4; 63 Del. Laws, c. 101, § 4; 70 Del. Laws, c. 186, § 1; 72 Del. Laws, c. 265, § 1; 75 Del. Laws, c. 327, § 7.;
§ 2720 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 licensed under this chapter, or a person authorized under Chapter 28 of this title to practice professional engineering in this State.
§ 2721 Counseling; letter of concern.
(a) The Board may determine after an investigation that a violation of this chapter or of the rules and regulations enacted pursuant to this chapter which warrants formal disciplinary action has not occurred, but that an act or omission of the licensee is a matter of concern and that the licensee's practice may be improved if made aware of the concern. The Board Chair, with the concurrence of the Board, may issue a nondisciplinary, confidential letter of concern regarding the licensee's act or omission.
(b) If a person licensed to practice land surveying receives a total of 3 letters of concern and/or letters of counseling pursuant to this section, the Board may reasonably require a formal assessment of professional competency to assess the licensee's ability in order to protect the health and safety of the public.
§ 2722 Certificate of authorization.
(a) A professional land surveying corporation or partnership must have a certificate of authorization in order to practice, or offer to practice, land surveying as defined in this chapter.
(b) The practice of or offer to practice land surveying for the public by a professional land surveying corporation or partnership which has been issued a certificate of authorization is permitted, provided that 1 of the officers or 1 of the employees of the said land surveying corporation or partnership:
(1) Is designated as being in responsible charge of the land surveying activities and surveying decisions of the said corporation or partnership; and
(2) Is a licensee.
(c) All personnel of any such land surveying corporation or partnership who practice land surveying on its behalf shall be licensees. The requirements of this chapter shall not prevent a land surveying partnership or corporation and its employees from performing surveying services for the said land surveying partnership or corporation or its subsidiaries or for affiliated corporations.
(d) A land surveying corporation or partnership desiring a certificate of authorization shall file with the Board and the Division an application listing the names and addresses of all officers, board members and principals of the land surveying corporation or partnership and also of any licensee who shall be in responsible charge of the practice of land surveying through the said corporation or partnership, together with any other information required by the Division. The same information must accompany the biennial renewal fee. In the event there shall be a change in any of these persons during that biennial period, such change shall be filed with the Division within 30 days after the effective date of such change. If all the requirements of this section are met, the Board shall issue a certificate of authorization to such land surveying corporation or partnership, and such land surveying corporation or partnership shall be authorized to contract for and to collect fees for furnishing surveying services.
(e) The Board may refuse or reject an applicant if, after a hearing, the Board finds that the applicant has practiced surveying without being authorized under this section. Notwithstanding such a finding, the Board may allow licensure of such applicant if the applicant presents to the Board suitable evidence of reform.
(f) No such land surveying corporation or partnership shall be relieved of responsibility for the conduct or acts of its agents, employees or officers by reason of compliance with the provisions of this section, nor shall any individual practicing land surveying be relieved of responsibility for surveying services performed by reason of employment or relationship with such corporation or partnership.
(g) Applicants for a certificate of authorization must comply with the applicable state tax laws of Chapter 23 of Title 30. Proof of such compliance is required by the Division prior to the issuance of a certificate of authorization.
(h) A licensee who practices, or offers to practice, surveying under a name other than that person's licensed name is required to obtain a certificate of authorization, or to practice under a certificate of authorization.