Chapter 27

§ 2701 Objectives. The primary objective of the Board of Professional Land Surveyors, to which all other objectives and purposes are secondary, is to protect the general public, specifically those persons who are the direct recipients of services regulated by this chapter, from unsafe practices and from occupational practices which tend to reduce competition or fix the price of services rendered. The secondary objectives of the Board are to maintain minimum standards of practitioner competency and to maintain certain standards in the delivery of services to the public. In meeting its objectives, the Board shall develop standards assuring professional competence; shall monitor complaints brought against practitioners regulated by the Board; shall adjudicate at formal hearings; shall promulgate rules and regulations; and shall impose sanctions where necessary against practitioners. 72 Del. Laws, c. 265, §  1 ; § 2702 Definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them under this section, except where the context clearly indicates a different meaning: (1) “Board” shall mean the State Board of Professional Land Surveyors established in this chapter. (2) “Division” shall mean the State Division of Professional Regulation. (3) “Excessive use or abuse of drugs” shall mean any use of narcotics, controlled substances or illegal drugs without a prescription from a licensed physician, or the abuse of alcoholic beverage such that it impairs a person’s ability to perform the work of a professional land surveyor. (4) “Person” shall mean a corporation, company, association and partnership, as well as an individual. (5) “Practice of land surveying” shall mean professional services or work involving special knowledge and application of the principles of mathematics and related sciences and the relevant requirement of law in connection with the use and development of land, as described herein: a. The act of measuring, locating, establishing or reestablishing corners, lines, boundaries, angles, elevations, contours and natural and manmade features in the air, on the surface or subsurface of the earth, within underground workings and on the beds or surface of bodies of water for the purpose of determining or establishing facts of size, area, shape, topography, tidal datum planes, legal or geodetic location or relocation and orientation of improved or unimproved real property and appurtenances thereto; b. The horizontal and vertical control for aerial surveys and photogrammetric compilation; Global Positioning System Surveying (GPS), as related to boundary surveying and as defined as determining the horizontal and vertical location of an object on the earth’s surface with respect to the center of the earth by observing satellites with equipment capable of acquiring, analyzing and managing the data collected; polaris and solar observations for the determination of the true azimuth; the monumentation and remonumentation of boundaries of land, divisions of land, tracts, parcels and lots; the measurement and preparation of plans showing existing improvements after construction; the layout of proposed improvements and the preparation of descriptions and plans for use in legal instruments of conveyance of real property and property rights; and c. The design, preparation and furnishing of subdivision plans, land development plans, sedimentation and erosion control plans, grading plans, condominium plans, record plats and horizontal alignments, and profiles and typical sections for roads, streets, utilities, sanitary sewers and storm drainage systems. This shall not be construed so as to permit the professional land surveyor to include the design of sewage disposal stations, lift stations, commercial and industrial buildings, pumping stations and bridges, or to prepare plans for the construction of engineering and architectural projects. (6) “Professional land surveyor” shall mean an individual who holds a valid license to practice land surveying under this chapter, and in addition: a. Is a professional specialist in the technique of measuring land; b. Is educated in the principles of mathematics and related sciences; c. Is experienced in the application of the principles of mathematics and the related sciences; d. Understands the relevant requirements of law for the presentation of adequate evidence relating to property descriptions and the surveying of real property. (7) “Responsible charge” shall mean the direct control and personal direction of the investigation, operation and execution of land surveying work requiring initiative, and professional skill and independent judgment as a party chief or survey manager. (8) “State” shall mean the State of Delaware. (9) “Substantially related” means the nature of the criminal conduct, for which the person was convicted, has a direct bearing on the fitness or ability to perform 1 or more of the duties or responsibilities necessarily related to the practice of land surveying. (10) “Surveyor intern” shall mean an individual who has qualified for, taken, and has passed the written standardized national examination developed by the national professional association in the fundamentals of surveying. 43 Del. Laws, c. 286, §  2 ; 24 Del. C. 1953, §  2701; 56 Del. Laws, c. 368 ; 58 Del. Laws, c. 501, §  2 ; 60 Del. Laws, c. 275, §  1 ; 70 Del. Laws, c. 186, §  1 ; 72 Del. Laws, c. 265, §  1 ; 74 Del. Laws, c. 262, §  50 ; 76 Del. Laws, c. 170, §  1 ; § 2703 Board of Professional Land Surveyors; appointments; qualifications; term; vacancies; suspension or removal; unexcused absences; compensation. (a) There is created a State Board of Professional Land Surveyors that shall administer and enforce this chapter. (b) The Board shall consist of 7 members appointed by the Governor, who are residents of this state: Four shall be land surveyors licensed under this chapter, at least 1 of whom, but not more than 2, shall be appointed from each county of this State; and 3 public members. The public members shall not be, nor ever have been, land surveyors, nor members of the immediate family of a land surveyor; shall not have been employed by a land surveyor; shall not have a material interest in the providing of goods and services to land surveyors; nor have been engaged in an activity directly related to land surveying. The public members shall be accessible to inquiries, comments and suggestions from the general public. (c) Except as provided in subsection (d) of this section, each member shall serve a term of 3 years, and may succeed himself or herself for 1 additional term; provided, however, that where a member was initially appointed to fill a vacancy, such member may succeed himself or herself for only 1 additional full term. Any person appointed to fill a vacancy on the Board shall hold office for the remainder of the unexpired term of the former member. Each term of office shall expire on the date specified in the appointment; however, the Board member shall remain eligible to participate in Board proceedings unless and until replaced by the Governor. Persons who are members of the Board on February 4, 2000, shall complete their terms. (d) A person who has never served on the Board may be appointed to the Board for 2 consecutive terms, but no such person shall thereafter be eligible for 2 consecutive appointments. No person who has been twice appointed to the Board or who has served on the Board for 6 years within any 9-year period shall again be appointed to the Board until an interim period of at least 1 year has expired since such person last served. (e) Any act or vote by a person appointed in violation of this section shall be invalid. An amendment or revision of this chapter is not sufficient cause for any appointment or attempted appointment in violation of subsection (d) of this section unless such an amendment or revision amends this section to permit such an appointment. (f) A member of the Board shall be suspended or removed by the Governor for misfeasance, nonfeasance or malfeasance. A member subject to disciplinary hearing shall be disqualified from Board business until the charge is adjudicated or the matter is otherwise concluded. A Board member may appeal any suspension or removal to the Superior Court. (g) No member of the Board, while serving on the Board, shall hold elective office in any professional association of land surveyors; this includes a prohibition against serving as head of the professional association’s Political Action Committee (PAC). (h) The provisions of Chapter 58, Title 29 of the Delaware Code shall apply to all members of the Board. (i) Any member who is absent without adequate reason for 3 consecutive meetings or fails to attend at least half of all regular business meetings during any calendar year shall be deemed to have resigned that member’s appointment. The Director of the Division shall have the responsibility to enforce this provision. Upon the determination by the Director that a vacancy exists due to this provision, the Governor may appoint a new member as provided in subsection (c) of this section. (j) Each member of the Board shall be reimbursed for all expenses involved in each meeting, including travel, and in addition shall receive compensation per meeting attended in an amount determined by the Division in accordance with Del. Const. art. III, §  9. 43 Del. Laws, c. 286, §§  3, 4, 6 ; 24 Del. C. 1953, §  2702; 58 Del. Laws, c. 501, §  2 ; 61 Del. Laws, c. 434, §  1 ; 63 Del. Laws, c. 101, §§  1, 2 ; 67 Del. Laws, c. 366, §  9 ; 67 Del. Laws, c. 368, §  15 ; 70 Del. Laws, c. 186, §  1 ; 72 Del. Laws, c. 265, §  1 ; 78 Del. Laws, c. 140, §  1 ; 81 Del. Laws, c. 85, § 14 ; § 2704 Organization; meetings; officers; quorum. (a) The Board shall hold regularly scheduled business meetings at least once in each quarter of a calendar year and at such times, as the Chair deems necessary or at the request of a majority of the Board members. (b) The Board shall elect annually from its members a chair, vice chair and secretary. Each officer shall serve for 1 year and shall not succeed himself or herself for more than 2 consecutive terms. In the event of a vacancy in 1 of the offices, a replacement shall be elected at the next Board meeting. (c) A majority of the members shall constitute a quorum for the purpose of transacting business. No disciplinary action shall be taken without the affirmative vote of 4 members of the Board. (d) Minutes of all meetings shall be recorded, and the Division of Professional Regulation shall maintain copies. At any hearing where evidence is presented, a record from which a verbatim transcript can be prepared shall be made. The person requesting it shall incur the expense of preparing any transcript. 43 Del. Laws, c. 286, §  7 ; 24 Del. C. 1953, §  2705; 58 Del. Laws, c. 501, §  2 ; 61 Del. Laws, c. 434, §  1 ; 67 Del. Laws, c. 366, §  10 ; 70 Del. Laws, c. 186, §  1 ; 72 Del. Laws, c. 265, §  1 ; § 2705 Records. The Division of Professional Regulation shall keep a register of all approved applications for license as a land surveyor and complete records relating to meetings of the Board, examinations, rosters, changes and additions to the Board’s rules and regulations, complaints, hearings and such other matters as the Board shall determine. Such records shall be prima facie evidence of the proceedings of the Board. 43 Del. Laws, c. 286, §  10 ; 24 Del. C. 1953, §  2708; 58 Del. Laws, c. 501, §  2 ; 70 Del. Laws, c. 186, §  1 ; 72 Del. Laws, c. 265, §  1 ; § 2706 Powers and duties. (a) The Board of Professional Land Surveyors shall have authority to: (1) Formulate rules and regulations, with appropriate notice to those affected; all rules and regulations shall be promulgated in accordance with the procedures specified in the Administrative Procedures Act of this State [Chapter 101 of Title 29]. Each rule or regulation shall implement or clarify a specific section of this chapter. (2) Designate the application form to be used by all applicants and process all applications; (3) Designate a written, standardized, national examination prepared by either the national professional association or by a recognized national testing service and approved by the Division, to be taken by all persons applying for licensure; the national examination shall be taken by all persons applying for licensure, except applicants who qualify for licensure by reciprocity; (4) Designate a written, 2-hour examination on drainage and the Delaware law, prepared by an independent testing agency and approved by the Director of the Division. All persons applying for licensure, including those applicants for licensure by reciprocity, shall take the examination on drainage and Delaware law; (5) Adopt the administration, grading procedures and passing score set by the national professional association or testing service; (6) Evaluate the credentials of all persons applying for a license to practice land surveying in Delaware in order to determine whether such persons meet the qualifications for licensing set forth in this chapter. (7) Grant licenses to and renew licenses of all persons who meet the qualifications for licensure and/or renewal of licenses; (8) Establish by rule and regulation continuing education standards required for license renewal; (9) Evaluate certified records to determine whether an applicant for licensure who has been previously licensed, certified or registered in another jurisdiction to practice land surveying has engaged in any act or offense that would be grounds for disciplinary action under this chapter and whether there are disciplinary proceedings or unresolved complaints pending against such applicants for such acts or offenses. (10) Refer all complaints from licensees and the public concerning professional land surveyors or concerning practices of the Board or of the profession to the Division of Professional Regulation for investigation pursuant to § 8735 of Title 29 and assign a member of the Board to assist the Division in an advisory capacity with the investigation of the technical aspects of the complaint; (11) Conduct hearings and issue orders in accordance with procedures established pursuant to the Administrative Procedures Act (Chapter 101 of Title 29); (12) Where it has been determined after a disciplinary hearing that penalties or sanctions should be imposed, to designate and impose the appropriate sanction or penalty after time for appeal has lapsed. (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 this chapter, the Board, under the hand of its Chairperson 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 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 amount to be charged for each fee imposed under this chapter shall approximately and reasonably reflect all costs necessary to defray the expenses of the Board, as well as the proportional expenses incurred by the Division of Professional Regulation in its services on behalf of the Board. There shall be a separate fee charged for each service or activity; but no fee shall be charged for an activity 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 on its behalf, shall compute, for each separate service or activity, the appropriate Board fees for the licensure biennium. (g) The Board of Professional Land Surveyors shall promulgate regulations identifying those crimes which are substantially related to the practice of land surveying. 43 Del. Laws, c. 286, §  8 ; 24 Del. C. 1953, §  2706; 58 Del. Laws, c. 501, §  2 ; 61 Del. Laws, c. 434, §  1 ; 63 Del. Laws, c. 101, §  3 ; 70 Del. Laws, c. 186, §  1 ; 72 Del. Laws, c. 265, §  1 ; 74 Del. Laws, c. 262, §  51 ; 75 Del. Laws, c. 327, §  1 ; 75 Del. Laws, c. 373, §  1 ; Delaware General Assembly Judicial Executive Contact Twitter Help function submitSearch() { if (!window.location.origin) { window.location.origin = window.location.protocol + "//" + window.location.hostname + (window.location.port ? ':' + window.location.port : ''); } keyword = document.getElementById('srch-term').value; window.location.href = "/Search?query=" + keyword; } document.getElementById('srch-term').onkeyup = function (e) { if (e.keyCode == 13) { submitSearch(); } } § 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 4,000 hours 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 may be achieved concurrently with the education requirement; or 3. Is a graduate of a surveying program of 4,000 hours or more and has had at least 4,000 hours 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 may be achieved concurrently with the education requirement; or 4. Has 11,000 hours 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 8,000 hours, 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 Council of Examiners for Engineering and Surveying in the principles of surveying, the fundamentals of surveying, and the written 2-hour examination on drainage and Delaware law. (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) Does not have a criminal conviction record, nor pending criminal charge for an offense that is substantially related to the practice of land surveying. Applicants who have criminal conviction records or pending criminal charges that are not excluded from consideration under § 8735(x)(4) of Title 29 shall request appropriate authorities to provide information about the record or charge directly to the Board. However, after a hearing or review of documentation and consideration of the factors set forth in § 8735(x)(3) of Title 29, the Board, by an affirmative vote of a majority of the quorum, shall waive this paragraph (a)(6), if it finds that granting the waiver will not create an unreasonable risk to public safety. a.-d. [Repealed.] (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 ; 83 Del. Laws, c. 433, § 18 ; 84 Del. Laws, c. 118, § 1 ; 84 Del. Laws, c. 514, § 45 ; § 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) 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. 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. (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) [Repealed.] 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 ; 82 Del. Laws, c. 8, § 10 ; § 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 ; Delaware General Assembly Judicial Executive Contact Twitter Help function submitSearch() { if (!window.location.origin) { window.location.origin = window.location.protocol + "//" + window.location.hostname + (window.location.port ? ':' + window.location.port : ''); } keyword = document.getElementById('srch-term').value; window.location.href = "/Search?query=" + keyword; } document.getElementById('srch-term').onkeyup = function (e) { if (e.keyCode == 13) { submitSearch(); } } § 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. 43 Del. Laws, c. 286, §  22 ; 24 Del. C. 1953, §  2733; 58 Del. Laws, c. 501, §  2 ; 61 Del. Laws, c. 434, §  2 ; 63 Del. Laws, c. 101, §  10 ; 72 Del. Laws, c. 265, §  1 ; § 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. 43 Del. Laws, c. 286, §  18 ; 24 Del. C. 1953, §  2734; 58 Del. Laws, c. 501, §  2 ; 61 Del. Laws, c. 434, §  6 ; 72 Del. Laws, c. 265, §  1 ; § 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. 76 Del. Laws, c. 170, §  8 ; 70 Del. Laws, c. 186, §  1 ; § 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. 77 Del. Laws, c. 111, §  1 ; § 2723 Entry upon adjacent land. After making a good faith effort to notify adjacent landowner(s), a professional land surveyor and persons working under the surveyor’s direct supervision shall not be liable for civil or criminal trespass for knowingly entering upon adjacent land in the course of preparing a survey. 84 Del. Laws, c. 118, § 2 ; Delaware General Assembly Judicial Executive Contact Twitter Help function submitSearch() { if (!window.location.origin) { window.location.origin = window.location.protocol + "//" + window.location.hostname + (window.location.port ? ':' + window.location.port : ''); } keyword = document.getElementById('srch-term').value; window.location.href = "/Search?query=" + keyword; } document.getElementById('srch-term').onkeyup = function (e) { if (e.keyCode == 13) { submitSearch(); } }