2014 Professional Land Surveyors' Act

1 Professional LAND SURVEYORS ACT (Business and Professions Code 8700 8805) INCLUDES AMENDMENTS MADE DURING THE 2020 LEGISLATIVE SESSION (Effective January 1, 2021, unless otherwise noted) CHAPTER 15. LAND SURVEYORS Article 1. General Provisions 8700. Professional Land Surveyors Act This chapter may be cited as the Professional Land Surveyors Act. Whenever reference is made to the Land Surveyors Act by any statute, it shall be construed as referring to the Professional Land Surveyors Act. 8701. Professional land surveyor Professional land surveyor refers to one who practices or offers to practice land surveying. Whenever reference is made to a land surveyor by any statute, it shall be construed as referring to a Professional land surveyor . 8702. Director Director refers to the Director of Consumer Affairs.

2 8703. Responsible charge of work defined The phrase responsible charge of work means the independent control and direction, by the use of initiative, skill and independent judgment, of the observations, measurements, and descriptions involved in land surveying work. The phrase does not refer to the concept of financial liability. 8704. Practice of land surveying Any person practices land surveying when he professes to be a land surveyor or is in responsible charge of land surveying work. 8705. Subordinate A subordinate is any person directly supervised by a licensed land surveyor or registered civil engineer and who assists a licensed land surveyor or registered civil engineer in the practice of land surveying without assuming responsible charge of work. 8706. Board defined Board refers to the Board for Professional Engineers, Land Surveyors, and Geologists.

3 8707. Executive officer Executive officer refers to the executive officer of the board. 8708. Licensure requirement In order to safeguard property and public welfare, no person shall practice land surveying unless appropriately licensed or specifically exempted from licensure under this chapter, and only persons licensed under this chapter shall be entitled to take and use the titles licensed land surveyor , Professional land surveyor , or land surveyor , or any combination of these words, phrases, or abbreviations thereof. Article 2. Administration 8710. Board authority (a) The Board for Professional Engineers, Land Surveyors, and Geologists is vested with power to administer the provisions and requirements of this chapter, and may make and enforce rules and regulations that are reasonably necessary to carry out its provisions.

4 (b) The board may adopt rules and regulations of Professional conduct that are not inconsistent with state and federal law. The rules and regulations may include definitions of incompetence and negligence. Every person who holds a license or certificate issued by the board pursuant to this chapter, or a license or certificate issued to a civil engineer pursuant to Chapter 7 (commencing with Section 6700), shall be governed by these rules and regulations. (c) This section shall remain in effect only until January 1, 2024, and as of that date is repealed. Notwithstanding any other law, the repeal of this section shall render the board subject to review by the appropriate policy committees of the Legislature. Legislative Intent protection of the public Protection of the public shall be the highest priority for the Board for Professional Engineers, Land Surveyors, and Geologists in exercising its licensing, regulatory, and disciplinary functions.

5 Whenever protection of the public is inconsistent with other interests sought to be promoted, the protection of the public shall be paramount. 8711. Records of applications for license The executive officer of the board shall keep a complete record of all applications for license and the board s action thereon. 8712. Roster of licensees The board shall compile and maintain, or may have compiled and maintained on its behalf, a register of all licensed land surveyors that includes the following information for each licensee: (a) Name. (b) Address of record. (c) Type of branch license. (d) License number. (e) The date the license was issued. (f) The date the license will expire. 8713. Clerical assistance The department may employ such clerical assistance under civil service regulations as may be necessary properly to carry out and enforce the provisions of this chapter.

6 8714. Establish relations with other regulatory bodies The board shall establish relations with bodies that regulate the practice of Professional land surveying, or closely related professions, or that register or license Professional land surveyors in other states, and may establish relations with those bodies in other countries, for the purposes of working toward uniformly high Professional standards and mutual recognition of registration and licensure. 8715. Technical advisory committees; functions The board may establish licensed land surveyor technical advisory committees to advise and assist the board with respect to the following: (1) The review and verification of applications for licensure. (2) The evaluation and investigation of potential violations of this chapter. (3) The amendment, repeal, adoption, or revision of board rules, regulations, policies, or procedures.

7 Membership of technical advisory committee Each member of each technical advisory committee shall be appointed by the board and shall serve at the pleasure of the board. Each committee shall be composed of no more than five members. Qualifications of technical advisory committee members Each member of each technical advisory committee shall be licensed under this chapter. Per diem; expenses for technical advisory committee members All members of each technical advisory committee shall serve without compensation but shall receive per diem and expenses as provided in Section 103. Immunity from liability for technical advisory committee members Each member of each technical advisory committee shall be granted the same immunity as is granted to a public employee pursuant to Article 3 (commencing with Section 820) of Chapter 1 of Part 2 of Division of Title 1 of the Government Code.

8 Article Land Surveyors Review Committees 8720. Review committees The board, when it deems necessary, may establish land surveyors review committees to hear all matters assigned by the board, including, but not limited to, any contested case which is assigned by the board. Each committee shall exist so long as the board deems that it is necessary. Members; qualifications Each review committee shall consist of no fewer than three licensed land surveyors appointed by the board. Each member of a committee shall have the same qualifications and shall be subject to the same rules and regulations as if he were a member of the board. Members; per diem and expenses Each member of a committee shall receive a per diem and expenses as provided in Section 103. Committee hearings Except as otherwise provided in this article, all hearings which are conducted by a committee shall be conducted in accordance with the provisions of Chapter 4 (commencing with Section 11370), Chapter (commencing with Section 11400), and Chapter 5 (commencing with Section 11500), Part 1, Division 3, Title 2 of the Government Code.

9 If a contested case is heard by a committee, the hearing officer who presided at the hearing shall be present during the committee s consideration of the case and, if requested, shall assist and advise the committee. Committee decisions At the conclusion of any hearing which is conducted by a committee, the committee shall prepare a proposed decision, in such form that it may be adopted by the board as the decision in the case, and shall transmit it to the board. The proposed decision shall be subject to the same procedure as the proposed decision of a hearing officer under subdivisions (b) and (c) of Section 11517 of the Government Code. Rules and regulations The board may adopt, amend or repeal, in accordance with the provisions of Chapter (commencing with Section 11340), Part 1, Division 3, Title 2 of the Government Code, rules and regulations necessary to implement the provisions of this article.

10 Immunity Each member of a land surveyors review committee or other board-appointed committee and any board-appointed representative of the board shall be granted the same immunity as is granted to a public employee pursuant to Article 3 (commencing with Section 820) of Chapter 1 of Part 2 of Division of Title 1 of the Government Code. Article 3. Application of the Chapter 8725. Necessity of license Any person practicing, or offering to practice, land surveying in this state shall submit evidence that he or she is qualified to practice and shall be licensed under this chapter. It is unlawful for any person to practice, offer to practice, or represent himself or herself, as a land surveyor in this state, or to set, reset, replace or remove any survey monument on land in which he or she has no legal interest, unless he or she has been licensed or specifically exempted from licensing under this chapter.