State Board of Registration for Professional Surveyors

1 1 State Board of Registration for Professional Surveyors A Compilation of the Indiana Code and Indiana Administrative Code 2013 Edition Indiana Professional Licensing Agency State Board of Registration for Professional Surveyors 402 West Washington Street, Room W072 Indianapolis, Indiana 46204 Phone: (317) 234-3022 Fax: (317) 233-4236 Email: Website: 2 NOTICE: This compilation incorporates the most recent revisions of the statutory provisions and administrative rules governing the land surveying profession, as of July 1, 2013. Note that this compilation is not an official version of the Indiana Code. It is distributed as a general guide to land surveying professionals regulated by the Indiana Professional Licensing Agency. It is not intended to be offered as legal advice, and it may contain typographical errors. Neither the Indiana Professional Licensing Agency nor the State Board of Registration for Professional Surveyors is able to provide legal advice on issues contained herein.

2 For legal advice, please consult an attorney. To obtain official copies of the Indiana Code or Indiana Administrative Code, please contact your nearest public library or visit the website of the Indiana General Assembly at 3 State Board OF Registration FOR Professional Surveyors July 2013 Edition TABLE OF CONTENTS INDIANA CODE Professional Surveyors Chapter 1. Definitions IC Pages 6-9 Chapter 2. State Board of Registration for Land Surveyors IC Pages 9-11 Chapter 3. Licensing Agency; Board Secretary IC Page 11 Chapter 4. Registration ; Exceptions IC Page 12 Chapter 5. Application for Registration IC Pages 13-14 Chapter 6. Examinations IC Pages 15-16 Chapter 7. Certificate of Registration IC Page 16-17 Chapter 8. Renewal of Certificates IC Pages 17-18 Chapter 9.

3 Authority of Land surveyor IC Pages 18-20 Chapter 10. Repealed IC Chapter 11. Injunctions IC Page 20 Chapter 12. Revocation and Suspension IC Page 21 Chapter 13. Actions and Violations IC Page 21 INDIANA CODE 25-1 Professions and Occupations Chapter 1. Evidence of License Applicant's Payment of Personal Property Taxes Required IC 25-1-1 Page 21 Chapter Effect of Criminal Convictions on Licensed or Registered Persons IC Page 21 4 Chapter Effect of Delinquency in Child Support Payments on Licensed or Registered Persons IC Pages 23-25 Chapter 2. Renewal of Licenses Granted by State Agencies. Notice of Expiration IC 25-1-2 Pages 25-28 Chapter 3. Civil Immunity of Regulatory Agencies IC 25-1-3 Pages 28-29 Chapter 4. Continuing Education IC 25-1-4 Pages 29-33 Chapter 6.

4 Professional Licensing Agency IC 25-1-6 Pages 33-37 Chapter 7. Investigation and Prosecution of Complaints Concerning Regulated Occupations IC 25-1-7 Pages 37-43 Chapter 8. Occupational and Professional Licensure, Registration , and Certification Fees IC 25-1-8 Pages 43-50 Chapter 11. Professional Licensing Standards of Practice IC 25-1-11 Pages 50-55 Chapter 12. Renewal of Licenses Held by Individuals in Military Service IC 25-1-12 Pages 55-57 Chapter 14. Meetings IC 25-1-14 Pages 57-58 Chapter 16. Evaluation of Regulated Occupations IC 25-1-16 Pages 58-60 INDIANA ADMINISTRATIVE CODE Title 865, Article 1 General Provisions Rule 1. General Provisions 865 IAC 1-1 Page 60 Rule 2. Qualifications for Examination 865 IAC 1-2 Pages 61-63 Rule 3. Applications 865 IAC 1-3 Page 64 Rule 4. Examinations 865 IAC 1-4 Pages 64-66 Rule 5.

5 Comity Registration 865 IAC 1-5 Page 67 5 Rule 6. Certificates 865 IAC 1-6 Page 67 Rule 7. Registrant s Seal 865 IAC 1-7 Pages 67-70 Rule 8. Renewal 865 IAC 1-8 Pages 70 Rule 9. Roster 865 IAC 1-9 Page 70 Rule 10. Rules of Professional Conduct 865 IAC 1-10 Pages 71-75 Rule 11. Fees 865 IAC 1-11 Pages 75-76 Rule 12. Land Surveying; Competent Practice 865 IAC 1-12 Pages 76-94 Rule 13. Continuing Education 865 IAC 1-13 (repealed) Pages 94-95 Rule 14. Continuing Education Providers 865 IAC 1-14 (repealed) Pages 95-97 Rule15. Continuing Education 865 IAC 1-15 Pages 97-103 Non-Code Provision Under Public Law 206-2005 Page 103 6 IC ARTICLE LAND Surveyors IC Chapter 1. Definitions IC Application of chapter Sec.

6 1. The definitions in this chapter apply throughout this article. As added by , IC Approved land surveying curriculum Sec. 2. "Approved land surveying curriculum" means a land surveying curriculum of at least four (4) years that includes the fundamentals of land surveying and that has been approved by the Board . As added by , IC "Authoritative" Sec. "Authoritative" means being presented as trustworthy and competent when used to describe products, processes, applications, or data resulting from the practice of surveying. For purposes of this article, GIS or electronic map data are not considered as authoritative survey products except when prepared by or under the supervision of a Professional surveyor . As added by , IC Board Sec. 3. " Board " refers to the State Board of Registration for Professional Surveyors . As added by , Amended by , IC "GIS" Sec. "GIS" means geographic information system. As added by , IC "GNSS" Sec.

7 "GNSS" means global navigation satellite system. As added by , IC Repealed (Repealed by , ). IC Repealed (Repealed by , ) IC Licensing agency Sec. 6. "Licensing agency" refers to the Indiana Professional licensing agency established under IC 25-1-5-3. As added by , Amended by , IC "Practice of surveying" Sec. 7. (a) "Practice of surveying" means providing, or offering to provide, Professional services involving: 7 (1) the making of geometric measurements of, and gathering related information pertaining to, the physical or legal features of the earth, improvements on the earth, the space above the earth, or any part of the earth; and (2) the use and development of the measurements and information gathered under subdivision (1) into survey products, including graphics, digital data, maps, plats, plans, reports, and descriptions and projects. (b) Professional services provided under the practice of surveying include consultation, investigation, testimony evaluation, expert technical testimony, planning, mapping, assembling, and interpreting gathered measurements and information related to any of the following: (1) Determining the configuration or contour of the earth's surface or the position of fixed objects thereon by measuring lines and angles and applying the principles of mathematics or photogrammetry.

8 (2) Determining the size and shape of the earth, or any point on the earth, by performing geodetic surveys using angular and linear measurements through spatially oriented spherical geometry. (3) Determining, by the use of principles of surveying, the position for any nonboundary related survey control monument or reference point, or setting, resetting, or replacing any nonboundary related monument or reference point. (4) Locating, relocating, establishing, reestablishing, laying out, retracing, or marking any property or boundary line or corner of any tract of land or of any right-of-way or easement. (5) Making any survey or preparing any plat for the subdivision of any tract of land. (6) Determining, by the use of principles of surveying, the position for any boundary related survey monument or reference point, or setting, resetting, or replacing any monument or reference point. (7) Preparing a description for any parcel or boundary of land, or for any right-of-way or easement, except when prepared by an attorney who is licensed to practice law in Indiana.

9 (8) Determining the amount of acreage contained in any parcel of land, except when determined by an attorney who is licensed to practice law in Indiana. (9) Performing construction staking or layout of the control for any elements of an engineering, building, or construction project, if the position of an element is: (A) dependent on; (B) in specific relation to; or (C) in close proximity to a boundary or property line or corner, including easements and rights-of-way. (10) For and within subdivisions being designed by a Professional surveyor , the preparation and furnishing of plats, plans, and profiles for roads, storm drainage, sanitary sewer extensions, and the location of residences or dwellings where the work involves the use and application of standards prescribed by local, State , or federal authorities. (11) All work incidental to cleaning out, reconstructing, or maintaining existing open and tile drains. (12) Creating, preparing, or modifying electronic or computerized data relative to the performance of the activities described in this subsection.

10 (c) Activities included within the practice of surveying that must be accomplished under the responsible charge of a Professional surveyor , unless specifically exempted under subsection (d), include the following: (1) The creation of maps and geo-referenced data bases representing authoritative locations for boundaries, fixed works, or topography, either by terrestrial surveying methods or by photogrammetric or GNSS locations. This includes maps and geo-referenced data bases prepared by any person, firm, or government agency if that data is provided to the public as a survey product. (2) Original data acquisition, or the resolution of conflicts between multiple data sources, when used for the authoritative location of features within the following data themes: (A) Geodetic control. (B) Orthoimagery. (C) Elevation and bathymetry. (D) Fixed works. (E) Government boundaries. (F) Cadastral information. (3) Certification of positional accuracy of maps or measured survey data.