Delaware Code Title 24 Sec. 2708 – Qualifications of applicant; report to Attorney General; judicial …
(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) 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.
Terms Used In Delaware Code Title 24 Sec. 2708
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Board: shall mean the State Board of Professional Land Surveyors established in this chapter. See Delaware Code Title 24 Sec. 2702
- Conviction: A judgement of guilt against a criminal defendant.
- Division: shall mean the State Division of Professional Regulation. See Delaware Code Title 24 Sec. 2702
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Person: shall mean a corporation, company, association and partnership, as well as an individual. See Delaware Code Title 24 Sec. 2702
- 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:
- Professional land surveyor: shall mean an individual who holds a valid license to practice land surveying under this chapter, and in addition:
- Quorum: The number of legislators that must be present to do business.
- 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. See Delaware Code Title 24 Sec. 2702
- 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. See Delaware Code Title 24 Sec. 2702
- 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. See Delaware Code Title 24 Sec. 2702
(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;