Subchapter II. License

TITLE 24

Professions and Occupations

CHAPTER 27. PROFESSIONAL LAND SURVEYORS

Subchapter II. License

§ 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.

43 Del. Laws, c. 286, § 1; 24 Del. C. 1953, § 2721; 58 Del. Laws, c. 501, § 2; 70 Del. Laws, c. 186, § 1; 72 Del. Laws, c. 265, § 1.;

§ 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, the Board, by an affirmative vote of a majority of the quorum, may waive this
paragraph (a)(5) of this section, if it finds all of the following:

a. More than 5 years have elapsed since the applicant has fully discharged all imposed sentences. As used herein, the term
"sentence" includes, but is not limited to, all periods of modification of a sentence, probation, parole or suspension. However,
sentence does not include fines, restitution or community service, as long as the applicant is in substantial compliance with
such fines, restitution and community service.

b. The applicant is capable of practicing professional land surveying in a competent and professional manner.

c. 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.;

[Please Note: Interim alternative licensure method. Applicants for licensure as a professional land surveyor under Chapter
27 of Title 24 of the Delaware Code may follow the licensure requirements in effect on May 31, 2007, in lieu of the new licensure
method described in this Act, until July 1, 2011]

§ 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.

72 Del. Laws, c. 265, § 1.;

§ 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.

43 Del. Laws, c. 286, § 19; 24 Del. C. 1953, § 2728; 53 Del. Laws, c. 108, § 32; 58 Del. Laws, c. 501, § 2; 61 Del. Laws, c. 434, § 2; 63 Del. Laws, c. 101, § 5; 72 Del. Laws, c. 265, § 1.;

§ 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) The Board may temporarily suspend a practitioner's license in advance of a final adjudication, during the appeals process,
but only in cases where there is clear and immediate danger to the health and safety and welfare of the public if the licensee
is allowed to continue to practice. Such suspension may be appealed to Superior Court.

(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.;

§ 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.

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.;

§ 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.

43 Del. Laws, c. 286, § 20; 24 Del. C. 1953, § 2731; 58 Del. Laws, c. 501, § 2; 61 Del. Laws, c. 434, § 2; 72 Del. Laws, c. 265, § 1.;

§ 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.

43 Del. Laws, c. 286, § 21; 24 Del. C. 1953, § 2735; 58 Del. Laws, c. 501, § 2; 70 Del. Laws, c. 186, § 1; 72 Del. Laws, c. 265, § 1; 75 Del. Laws, c. 373, § 2.;