|DRAFT CSC, Title 24. Land Management|
Board of Land Surveyors
§ 1201. Short title.
§ 1202. Purpose.
§ 1203. Definitions.
§ 1204. Board Created; Authority.
§ 1205. Registration of surveyors: Procedures; Qualifications; Exemptions.
§ 1206. Exemptions.
§ 1207. Register of land surveyors.
§ 1208. Land Surveyors under Trust Territory Code.
§ 1209. Supersession.
Source: TSL 5-101, § 1, modified.
Editor's note: TSL 5-101 that created this chapter was signed into law by the Governor on July 9, 1984.
The purpose of this
Source: TSL 5-101, § 2, modified.
As used in this
(1) "Board" shall refer to the State Board of Land Surveyor
(2) "Chairman", shall refer to the chairman of the said Board.
(3) "Land Surveyor", shall refer to a registered land surveyor within the meaning of this
(4) "Members", shall refer to the officially appointed members of the said Board
(5) "Practice of Land Surveying", shall refer to a person who, practices surveying within the meaning of this
(a) Locates, relocates, establishes, re-establishes, or retraces any property line or boundary of any parcel of land or any road, rights-of-way, easement, reserve or other related matters.
(b) Makes any survey for the sub-division or resub-divisions of any tract of land.
(c) By the use of the principles of land surveying determines the position for any monument or reference point which marks a property line, boundary corner, and sets, resets or replaces any such monuments or reference points.
(d) Determines the configuration or contour of the earth. s surface or the position of fixed objects thereon or related thereto, by means of measuring line and angles and applying the principles of trigonometry.
(e) Conducts geodetic or cadastral surveying.
(f) Determines the information shown or to be shown on any map or document prepared or furnished in connection with anyone or more of the functions described above for public records purposes.
(g) Indicates in any capacity or in any manner, by the use of the title "Land Surveyor", or by any other title or representation that
(h) Procures or offers to procure land surveying work for himself or for others.
(i) Manages, or conducts as manager, proprietor, or agent, any place of business from which land surveying work, is solicited, performed or practiced.
(6) "Registrant", shall refer to any person who has met all the requirements of this
(a) Practices land surveying; or
(b) By oral or written claim or sign or advertising letterheads, cards or in any other way represents himself to be a land surveyor, or through the use of some other title implies that he is such; or
(c) Holds himself out as able to perform, or who does perform any surveying service or work, or any other professional services designated by him as land surveying or generally recognized as such.
Source: TSL 5-101, § 3, modified.
Editor's note: Definitions put into alphabetical order and renumbered.
(1) There is hereby created a Board of Land Surveyor
(2) The Governor, with the concurrence of the State Legislature may remove any member of the Board for misconduct, incompetency, neglect of duty, or for any other sufficient cause; PROVIDED HOWEVER, that the removal is subject to appeal to a court of competent jurisdiction. Vacancies in the membership of the Board shall be filled by appointment as provided for under
(3) Members of the Board shall carry-out their duties and responsibilities without compensation and shall endeavor to conduct business during normal working hours.
(4) The offices of the Land Commission and Land Management shall provide the Board with necessary clerical personnel, office facilities, technical, and other logistical support as the Board may require.
(5) The Board is hereby authorized to promulgate rues and regulations needed in performing its functions.
(6) The Board shall meet at such times and places as it may by rule prescribe, but shall hold at least two regular meetings each year. The Chairman may also call special meetings as the need arises. At all meetings the presence of the three members present in any meeting shall be required in arriving at any decision.
(7) The Board shall maintain a complete record of all applications for registration together with the Board's action thereon and shall annually, during the month of December prepare a list showing the names and addresses of all registered land surveyors for publication. A copy of the list shall be distributed to all registrants and all offices within the State.
(8) The Board shall prepare a printed report of its activities each year, which shall be submitted to the Governor and Legislature on the last day of each calendar year. The said report shall also be published on the State's Land Gazette on the publication issue immediately following the calendar year involved.
Source: TSL 5-101, § 4, modified.
(1) No person shall practice or offer to practice land surveying, or use in connection with his name, or otherwise use, assume, or advertise any title or description to convey the impression that he is a land surveyor, unless such person has qualified as such by registration as a Land Surveyor or is otherwise exempted under this
(2) A person shall be construed to practice or offer to practice land surveying within the meaning and intent of this
(3) No person shall be eligible for registration as a Land Surveyor under this
(a) An actual resident of the State of
(b) At least 25
(c) Of good character and repute;
(d) Meets the professional qualifications prescribed, by this
(e) Exempted under the provisions of Section 1206 of this
(4) The following shall be considered as minimum evidence satisfactory to the Board that the applicant is qualified for registration as a Land Surveyor:
(a) Graduation from university, college, institute or school approved by the Board as of satisfactory standing, including completion of an approved course in surveying, and a specific record of an additional two years or more of experience in land surveying of a character satisfactory to the Board, and indicating that the applicant is competent to practice land surveying and passing the prescribed examination; or
(b) A specific record of six
(c) A specific record of eight years or more of lawful practice in land surveying work of a character satisfactory to the Board and indicating that the applicant is competent to practice land surveying and has passed the prescribed examinations set by the Board provided that the eight years or more of lawful practice in land surveying work was gained in the last eight consecutive years or since 1974;
(5) In considering the qualifications of applicants as to experience under
(a) Teaching of land surveying in an approved curriculum in a university, college, or school approved by the Board as of satisfactory standing;
(b) Expressing and training in the Armed Forces of the United States in civil engineering, or land surveying; and
(c) The satisfactory completion of each year of approved curriculum in a school or college approved by the board as of satisfactory standing, without graduation, shall be considered as equivalent to a year of experience under Subsection (4) (b) or (c) of
(6) The Board may, upon application and payment of the fee required by this
(a) Designate the registration applied for;
(b) Show the applicant's education and a detailed summary of his technical work;
(c) Furnish not less than three references, of whom at least two shall be with regard to his technical work; and
(d) Set forth such other information as the Board may prescribe.
(7) Every application
(8) When oral or written examinations are required, it shall be at such time and place as the Board shall determine: All examinations shall be prescribed by the Board, subject to the requirements of this
(9) The Board shall issue a Certificate of Registration to any applicant for registration as a land surveyor, who, having paid the application and registration fee, has satisfactorily met all the requirements of this
(10) Certificates of registration shall expire on the last day of the month of December of the third year following their issuance or renewal and become invalid at the end of such day unless renewed. It shall be the duty of the Board to notify every person registered under this
(11) Every registrant may, upon being issued a certificate of registration, obtain a seal of a design authorized by the Board, bearing the registrant's name, and the legend "Registered Land Surveyor" , as the case may be, and shall provide space for stating the serial number and date of expiration of the certificate of registration. Plans, specifications, plats and reports, prepared by a registrant shall be stamped with such seal when filed wit the
(12) The Board shall have the power, duty, and authority to investigate violations of this
(a) The registrant is practicing in violation of this
(b) The certificate of registration has been obtained or that the registrant has obtained such certificate by fraud or misrepresentation; or
(c) The certificate of registration was obtained by bribery or payment of any money except fees prescribed by this
(d) The registrant is falsely impersonating a practitioner or former practitioner or is practicing under an assumed or fictitious name; or
(e) The registrant has been convicted of an offense arising from or in connection with the practice of land surveying, or any offense involving moral turpitude, in which case a certified copy of the record of conviction shall be conclusive evidence thereof ; or
(f) The registrant has violated any provision of this
(g) The registrant has aided and abetted in the practice of land surveying any person not provided under exemption of this
(h) The registrant has been guilty of fraud or deceit, or of gross negligence, incompetence, misconduct in the practice of land surveying; or
(i) The registrant has permitted his seal to be affixed to any plans, specifications or drawings that were not prepared by him or under his personal supervision by his employee or subordinate.
(13) Proceedings under this
(14) The Board, for reasons it deems sufficient, may reissue a certificate of registration to any person whose certificate has been revoked if a majority of Board members present at
(15) The practice of land surveying may be performed by employees of a proprietorship, partnership, or corporation engaged in construction, manufacturing, transportation, distribution, or communications insofar as such land surveying is involved in its operations provided that it is performed by, or under the supervision of a land surveyor in responsible charge, registered under this
(16) The practice or offer to practice land surveying or the public, as defined in this
Source: TSL 5-101, § 5, modified.
(1) A person not a resident of and having no established place of business in the State of
(2) A person not a resident of and having no established place of business in the State of
(3) An employee or subordinate of a person holding a certificate of registration under this
(4) Officers, employees or members of this Armed Forces of the United States as long as their practice of land surveying is limited to that work specifically authorized by the Armed Forces.
(5) The practice of any legally recognized profession other than that of land surveyor.
Source: TSL 5-101, § 6, modified.
(1) The Board shall record in a book to be kept for the purpose and to be known as the "Register of Land Surveyors", the names and addresses of all registered land surveyors, together with the details and dates of the qualifications in respect of which they are registered by the Board of Land Surveying Examiners. Every entry in the Register shall be signed by the Chairman of the Board. A copy of an entry in the Register, purporting the be certified by the Chairman of the Board as a true copy, is prima facie evidence that the person named therein is a registered land surveyor.
(2) The register shall be opened to public inspection by anyone desiring to view the register. The register shall be updated at all times by all times by the Chairman of the Board.
Source: TSL 5-101, § 7.
Source: TSL 5-101, § 8, modified.
Source: TSL 5-101, § 9.