H. B. 4335
(By Delegates Kuhn, Butcher, Manchin,
Yeager, Blair, Romine and Schoen)
[Introduced February 6, 2004; referred to the
Committee on Government Organization then the Judiciary.]
A BILL to amend and reenact §30-13A-1, §30-13A-2, §30-13A-3,
§30-13A-4, §30-13A-5, §30-13A-6, §30-13A-7, §30-13A-8,
§30-13A-9, §30-13A-10, §30-13A-11, §30-13A-12, §30-13A-13,
§30-13A-14, §30-13A-15, §30-13A-16, §30-13A-17 and §30-13A-18
of the code of West Virginia, 1931, as amended; and to amend
said code by adding thereto eighteen new sections, designated
§30-13A-19, §30-13A-20, §30-13A-21, §30-13A-22, §30-13A-23,
§30-13A-24, §30-13A-25, §30-13A-26, §30-13A-27, §30-13A-28,
§30-13A-29, §30-13A-30, §30-13A-31, §30-13A-32, §30-13A-33,
§30-13A-34, §30-13A-35 and §30-13A-36, all relating to
regulating surveyors and underground surveyors; definitions;
establishing licensure and endorsement requirements;
restructuring and renaming the board; and providing a civil
cause of action and criminal penalties.
Be it enacted by the Legislature of West Virginia:
That §30-13A-1, §30-13A-2, §30-13A-3, §30-13A-4, §30-13A-5, §30-13A-6, §30-13A-7, §30-13A-8, §30-13A-9, §30-13A-10, §30-13A-11,
§30-13A-12, §30-13A-13, §30-13A-14, §30-13A-15, §30-13A-16,
§30-13A-17 and §30-13A-18 of the code of West Virginia, 1931, as
amended, be amended and reenacted; and that said code be amended by
adding thereto eighteen new sections, designated §30-13A-19,
§30-13A-20, §30-13A-21, §30-13A-22, §30-13A-23, §30-13A-24,
§30-13A-25, §30-13A-26, §30-13A-27, §30-13A-28, §30-13A-29,
§30-13A-30, §30-13A-31, §30-13A-32, §30-13A-33, §30-13A-34,
§30-13A-35 and §30-13A-36, all to read as follows:
ARTICLE 13A. PROFESSIONAL SURVEYORS.
§30-13A-1. License required to practice.
The practice of surveying and underground surveying involves
special knowledge in mathematics and physical and applied sciences,
and specific knowledge in the principles and methods of surveying
and underground surveying, which knowledge can only be acquired
through education and practical experience in surveying and
underground surveying. Land surveying and underground surveying
involve precise practices and should only be performed by a person
who has specific training in surveying or underground surveying.
Therefore, the Legislature finds that to protect the public
interest and to provide for the regulation of surveying and
underground surveying in this state, a person must have a license,
as provided in this article, to practice as a surveyor in the state
of West Virginia, and a person must have a surveyor's license and an endorsement, as provided in this article, to practice as an
underground surveyor in the state of West Virginia.
§30-13A-2. Short title.
This article shall be known and may be cited as the "West
Virginia Professional Surveyors Act."
§30-13A-3. Definitions.
As used in this article, the following words and terms have
the following meanings, unless the context clearly indicates
otherwise:
(a) "Applicant" means a person making application for a
license, endorsement or certificate, or a firm making application
for a certificate of authorization, under the provisions of this
article.
(b) "Board" means the West Virginia board of professional
surveyors.
(c) "Boundary survey" means a survey in which property lines
and corners of a parcel of land have been established by a survey
and a legal description has been written and a plat has been
prepared for the property.
(d) "Cadastral survey" means a survey representing the
ownership, relative positions and dimensions of land, objects and
estates.
(e) "Certificate" means a document issued by the board.
(f) "Certificate holder" means a person holding a certificate issued by the board.
(g) "Certificate of authorization" means a certificate issued
under the provisions of this article, to a firm providing surveying
and/or underground surveying services.
(h) "Construction survey" means the laying of stakes for a
construction project.
(i) "Direct supervision" means the responsible licensee or
endorsee is in direct control of all field and office surveying
operations.
(j) "Endorsee" means a person holding an endorsement to
practice underground surveying issued under the provisions of this
article.
(k) "Endorsement" means an endorsement to practice underground
surveying issued under the provisions of this article.
(l) "Firm" means any business entity, including an individual,
providing surveying and/or underground surveying services.
(m) "Geodetic control survey" means a survey involving the
precise measurement of points on the earth's surface which form the
framework or control for a large map or project, or the base map
for a geographic information system.
(n) "Geographic information system" (GIS) means a system of
hardware, software and procedures designed to support the capture
and management of spatially-referenced information.
(o) "Global positioning system" (GPS) means any measurement of elevations or positions either absolute or relative which utilizes
the observation of artificial satellites.
(p) "Hydrographic survey" means a survey that measures and
determines characteristics and configurations of water bodies and
the adjacent land areas, including the width, depth and course of
water bodies, and other relative features.
(q) "Inactive" means the status granted by the board to a
licensee or endorsee.
(r) "Legal description," under this article only, means a
description established by a survey describing the physical
location of land or the associated effects on the land.
(s) "License" means a surveying license issued under the
provisions of this article.
(t) "Licensee" means a person holding a surveying license
issued under the provisions of this article.
(u) "Metes and bounds" means a description where the land or
the associated effects on the land have been measured by starting
at a known point and describing, in sequence, the lines by
direction and distance forming the boundaries of the land, or a
defined area relative to the physical land features, associated
effects or structural improvements on the land.
(v) "Monument" means a permanent marker, either boundary or
nonboundary, used to establish corners or mark boundary lines of
a parcel of land or reference the geospatial relationship of other objects.
(w) "Mortgage/loan inspection survey" means a retracement
survey where structures and improvements are platted with respect
to property lines.
(x) "Oil and/or gas well survey" means a survey and plat of a
proposed oil and/or gas well, including the location of the well,
the surface and/or mineral tract on which the well is located, the
physical features surrounding the well, all creeks and/or streams
near the well, and any other identifying characteristics of the
land to specify the location of the well. An oil and/or gas well
survey must be performed in accordance with other provisions of
this code affecting oil and gas well surveys.
(y) "Partition survey" means a survey where the boundary lines
of a newly created parcel of land are established and the new
corners are monumented.
(z) "Photogrammetry" means the use of aerial photography,
other imagery and surveying principles to prepare scaled maps or
other survey products reflecting the contours, features and fixed
works of the earth's surface.
(aa) "Practice of surveying" means providing professional
surveying services, including consulting, investigating, expert
testimony, evaluating, planning, mapping and surveying.
(bb) "Responsible charge" means a person in direct control and
personally supervising surveying work.
(cc) "Retracement survey" means a survey where the boundary
lines and corners of a parcel of land are established from an
existing legal or deed description.
(dd) "Strip" means a description of an area by reference to an
alignment, usually a right-of-way or an easement, stating the
number of feet on each side of the alignment, the relative position
of the alignment, a reference to the measurements and monuments
where the alignment crosses a parcel of land, and the source of
title for each parcel of land the alignment crosses.
(ee) "Subdivision or partition" means the division of a lot,
tract or parcel of land into two or more lots, tracts or parcels of
land.
(ff) "Surface mine survey" means a survey of the surface mine
permit area, including the location of the surface mine, the
surface and/or mineral tracts on which the surface mine is located,
the physical features surrounding the surface mine, all creeks
and/or streams near the surface mine, and any other identifying
characteristics of the land to specify the location of the surface
mine permit area. A surface mine survey must be performed in
accordance with other provisions of this code affecting surface
mine surveys.
(gg) "Survey" or "land survey" means to measure a parcel of
land and ascertain its boundaries, corners and contents, or make
any other authoritative measurements. A survey can be any of the following:
(1) The performance of a boundary, cadastral, construction,
geodetic control, hydrographic, land, mortgage/loan inspection, oil
and/or gas well, partition, photogrammetry, retracement,
subdivision, or surface mine survey by a licensed surveyor;
(2) The location, relocation, establishment, reestablishment,
laying out or retracement of any property line or boundary of any
parcel of land or of any road or utility right-of-way, easement,
strip or alignment or elevation of any fixed works by a licensed
surveyor; or
(3) The performance of an underground survey by an endorsed
underground surveyor.
(hh) "Surveying" or "land surveying" means the following:
(1) Gathering information pertaining to the physical or legal
features of the earth, improvements on the earth and the space
above or below the earth;
(2) Providing survey products;
(3) Establishing a legal description for a parcel of land;
(4) Determining the position of any monument or reference
point which marks a property line boundary or corner;
(5) Setting, resetting or replacing any monument or reference
point;
(6) Determining the configuration or contour of the earth's
surface, relative features above or below the earth's surface, or the position of fixed objects thereon or related thereto, by means
of measuring lines and angles, whether directly or indirectly, by
appropriate methods or photogrammetry, and applying the principles
of mathematics;
(7) The preparation or adjustment of cadastral data or
geodetic control data within a geographic information system; and
(8) Preparing maps, drawings or other survey products showing
the results of a survey.
(ii) "Surveyor," "professional surveyor," or "land surveyor"
means a person licensed to practice surveying under the provisions
of this article.
(jj) "Surveyor, retired," "professional surveyor, retired," or
"land surveyor retired" means a licensed surveyor no longer
practicing surveying or underground surveying, who has chosen to
retire and has been granted the honorific title of "Professional
Surveyor, Retired."
(kk) "Surveyor-in-charge" means a licensee or endorsee
designated by a firm to oversee the surveying activities and
practices of the firm.
(ll) "Surveyor intern" means a person who has passed an
examination covering the fundamentals of land surveying.
(mm) "Underground survey" means a survey
that includes the
measurement of underground mine workings and features, surface
features relevant to the underground mine, the placing of survey points (spads) for mining direction, the performance of horizontal
and vertical control surveys to determine the contours of a mine,
the horizontal and vertical location of mine features, and the
preparation of maps, reports and documents, including mine progress
maps and mine ventilation maps.
An
underground
mine survey must be
performed in accordance with other provisions of this code
affecting
underground
mine surveys.
(nn) "Underground surveyor" means a person endorsed to
practice underground surveying.
§30-13A-4. Board of surveyors.
(a) The "West Virginia board of examiners of land surveyors"
is hereby continued and commencing the first day of July, two
thousand four, and shall be known as the "West Virginia Board of
Professional Surveyors."
(b) To be effective on the first day of July, two thousand
four, the governor shall appoint, by and with the advice and
consent of the Senate, one person who is an endorsed underground
surveyor and has practiced underground surveying for at least five
years, for a term of three years, to replace the member of the
board whose term expires on the first day of July, two thousand
four.
(c) To be effective on the first day of July, two thousand
five, the governor shall appoint, by and with the advice and
consent of the Senate:
(1) One person who has a license in another field of practice
other than surveying and also has a surveyor license by examination
and has practiced surveying for at least ten years, for a term of
four years;
(2) One person who is a licensed professional surveyor with at
least ten years of experience for a term of four years; and
(3) One citizen member who is not licensed, endorsed or
certified under the provisions of this article and does not perform
any services related to the practice licensed, endorsed or
certified under the provisions of this article, for a term of three
years.
(d) To be effective on the first day of July, two thousand
six, the governor shall appoint, by and with the advice and consent
of the Senate, one person who is a licensed professional surveyor
with at least ten years of experience for a term of four years, to
replace the member of the board whose term expires on the first day
of July, two thousand six.
(e) After the initial appointment term, the board term shall
be for four years.
(f) Commencing with the board terms beginning the first day of
July, two thousand five, the board shall consist of the following
five members:
(1) Two licensed professional surveyors with at least ten
years of experience in land surveying;
(2) One person who has a license in another field of practice
other than surveying and also who has a surveyor license by
examination and has practiced surveying for at least ten years;
(3) One endorsed underground surveyor who has practiced
underground surveying for at least five years; and
(4) One citizen member who is not licensed, endorsed or
certified under the provisions of this article and does not perform
any services related to the practice licensed, endorsed or
certified under the provisions of this article.
(g) Each licensed or endorsed member of the board, at the time
of his or her appointment, must have held a license or endorsement
in this state for a period of not less than three years immediately
preceding the appointment and each member must be a resident of
this state during the appointment term. Members must represent the
three congressional districts of the state.
(h) No member may serve more than two consecutive full terms
and any member having served two full terms may not be appointed
for one year after completion of his or her second full term. A
member shall continue to serve until his or her successor has been
appointed and qualified. Any member currently serving on the board
on the effective date of this article may be reappointed in
accordance with the provisions of this section.
(i) The governor may remove any member from the board for
neglect of duty, incompetency or official misconduct.
(j) Any member of the board immediately and automatically
forfeits his or her membership if he or she has his or her license
or endorsement to practice suspended or revoked by the board, is
convicted of a felony under the laws of any state or the United
States or becomes a nonresident of this state.
(k) The board shall designate one of its members as
chairperson and one member as secretary-treasurer.
(l) Each member of the board shall receive compensation and
expense reimbursement in accordance with section eleven, article
one of this chapter.
(m) A majority of the members of the board shall constitute a
quorum.
(n) The board must hold at least one annual meeting. Other
meetings shall be held at the call of the chairperson or upon the
written request of two members, at such time and place as
designated in the call or request.
§30-13A-5. Powers and duties of the board.
The board has all the powers and duties set forth in article
one of this chapter, and also the following powers and duties:
(1) Hold meetings, conduct hearings and administer
examinations and reexaminations;
(2) Set the requirements for a license, endorsement,
certificate, surveyor-in-charge, and certificate of authorization;
(3) Establish procedures for submitting, approving and disapproving applications for a license, endorsement, certificate
and certificate of authorization;
(4) Examine and determine the qualifications of any applicant
for a license, endorsement, or certificate;
(5) Establish procedures for persons who have begun one of the
education, experience and/or examination requirements for
licensure, stated in subdivision (1), subsection (a), section eight
of this article, and has not completed the requirements prior to
the thirty-first day of December, two thousand four;
(6) Prepare, conduct, administer and grade written, oral or
written and oral examinations and reexaminations for a license,
endorsement or certificate;
(7) Determine the passing grade for the examinations;
(8) Contract with third parties to administer the examinations
and reexaminations required under the provisions of this article;
(9) Maintain records of the examinations and reexaminations
the board or a third party administers, including the number of
persons taking the examination or reexamination and the pass and
fail rate;
(10) Maintain an accurate registry of names and addresses of
all licensees, endorsees, and certificate holders;
(11) Maintain an accurate registry of names and addresses of
firms holding a certificate of authorization;
(12) Establish the standards for surveys, surveying and underground surveying;
(13) Define, by legislative rule, the fees charged under the
provisions of this article;
(14) Issue, renew, deny, suspend, revoke or reinstate
licenses, endorsements, and certificates and discipline such
persons;
(15) Issue, renew, deny, suspend, revoke or reinstate
certificates of authorization and discipline such firms;
(16) Establish, by legislative rule, and implement the
continuing education requirements for licensees and endorsees;
(17) Sue and be sued in its official name as an agency of this
state;
(18) Set the job requirements for investigators and employees
necessary to enforce the provisions of this article;
(19) Hire, fix the compensation of and discharge investigators
and the employees necessary to enforce the provisions of this
article;
(20) Investigate alleged violations of the provisions of this
article, the rules promulgated hereunder, and orders and final
decisions of the board;
(21) Conduct hearings upon charges calling for discipline of
a licensee, endorsee or certificate holder, or revocation or
suspension of a license, endorsement, certificate, or certificate
of authorization;
(22) Set disciplinary action and issue orders;
(23) Propose rules in accordance with the provisions of
article three, chapter twenty-nine-a of this code to implement the
provisions of this article; and
(24) Take all other actions necessary and proper to effectuate
the purposes of this article.
§30-13A-6. Rule-making authority.
(a) The board shall propose rules for legislative approval in
accordance with the provisions of article three, chapter
twenty-nine-a of this code to implement the provisions of this
article including:
(1) Setting the standards and requirements for licensure,
endorsement, certification, surveyor-in-charge, and certificate of
authorization;
(2) Setting the procedure for examinations and reexaminations;
(3) Establishing requirements for third parties to administer
examinations and reexaminations;
(4) Establishing procedures for the issuance and renewal of a
license, endorsement, certificate and certificate of authorization;
(5) Setting a schedule of fees and rates for nonrenewal;
(6) Establishing and implementing requirements for continuing
education for licensees and endorsees;
(7) Evaluating the curriculum, experience and the
instructional hours required for a license, endorsement and certificate;
(8) Denying, suspending, revoking, reinstating or limiting the
practice of a licensee, endorsee, certificate holder or a holder of
a certificate of authorization;
(9) Establish electronic signature requirements; and
(10) Proposing any other rules necessary to effectuate the
provisions of this article.
(b) All rules in effect on the effective date of this article
shall remain in effect until they are amended, modified, repealed
or replaced.
§30-13A-7. Fees; special revenue account; administrative fines.
(a) All fees and other moneys, except administrative fines,
received by the board shall be deposited in a separate special
revenue fund in the state treasury designated the "board of
examiners of land surveyors fund," which fund is hereby continued.
Commencing on the first day of July, two thousand four, the "board
of examiners of land surveyors fund" shall be designated the "board
of professional surveyors fund." The fund shall be used by the
board for the administration of this article. Except as may be
provided in section eleven, article one of this chapter, the board
shall retain the amounts in the special revenue account from year
to year. No compensation or expense incurred under this article is
a charge against the general revenue fund.
(b) Any amounts received as fines imposed pursuant to this article shall be deposited into the general revenue fund of the
state treasury.
§30-13A-8. Education, experience and examination requirements for
a surveying license.
(a) Before a person may apply for a surveying license to
practice under the provisions of this article, the person must have
completed one of the following educational, experience and
examination requirements:
(1) Prior to the thirty-first day of December, two thousand
four, has completed or is in the process of completing one of the
following education, experience and examination requirements:
(A) Is a graduate of a surveying curriculum of two scholastic
years, has six years or more of experience in surveying under the
direct supervision of a licensee or a person authorized in another
state or country to engage in the practice of surveying, has passed
the examination prescribed by the board, which examination shall
cover the basic subject matter of land surveying and land surveying
skills and techniques, and has passed the West Virginia
examination;
(B) Is not a graduate of a surveying curriculum, has eight
years or more of experience in surveying under the direct
supervision of a licensee or a person authorized in another state
or country to engage in the practice of surveying, has passed the
examination prescribed by the board, which examination shall cover the basic subject matter of land surveying and land surveying
skills and techniques, and has passed the West Virginia
examination;
(C) Is a graduate of a surveying curriculum of two or more
years, has passed the surveyor-in-training (SIT) examination which
must have included an eight-hour portion of fundamentals in
science, mathematics and surveying, has six years or more of
experience in surveying under the direct supervision of a licensee
or a person authorized in another state or country to engage in the
practice of surveying, and has passed the examination prescribed by
the board, which examination consists of principles and practices
of land surveying, and has passed the West Virginia examination; or
(D) Prior to the thirty-first day of December, two thousand
four, if a person has begun one of the education, experience and/or
examination requirements, stated in this subdivision (1), and has
not completed the requirements prior to the thirty-first day of
December, two thousand four, then the person must notify the board
that he or she will be making application under this subdivision
(1) and comply with the procedures prescribed by the board; or
(2) On and after the first day of January, two thousand five,
has completed one of the following education, experience and
examination requirements:
(A) Has a four-year degree or a bachelor degree in surveying,
which degree must include a minimum of thirty hours of surveying or surveying related courses, has passed an examination in the
fundamentals of land surveying, has two years or more of experience
in surveying as a responsible charge, has passed an examination in
the principles and practice of land surveying, and has passed the
West Virginia examination;
(B) Has a four-year degree or a bachelor degree, has completed
a minimum of thirty hours of surveying or surveying related
courses, has passed an examination in the fundamentals of land
surveying, has four years or more of experience in surveying,
including two years of experience under the direct supervision of
a licensee or a person authorized in another state or country to
engage in the practice of surveying and two years of experience as
a responsible charge, has passed an examination in the principles
and practice of land surveying, and has passed the West Virginia
examination;
(C) Has a two-year degree or an associate degree in surveying
or a related field approved by the board, which degree must include
a minimum of thirty hours of surveying or surveying related
courses, has passed an examination in the fundamentals of land
surveying, has four years or more of experience in surveying,
including two years of experience under the direct supervision of
a licensee or a person authorized in another state or country to
engage in the practice of surveying and two years of experience as
a responsible charge, has passed an examination in the principles and practice of land surveying, and has passed the West Virginia
examination; or
(D) Is not a graduate of a surveying curriculum, has completed
the National Society of Professional Surveyors survey technician
program, has obtained a Level IV certification, issued by the
National Society of Professional Surveyors, with a total of five
and one-half years of experience in surveying under the direct
supervision of a licensee or a person authorized in another state
or country to engage in the practice of surveying, has passed an
examination in the fundamentals of land surveying, has four
additional years of experience in surveying under the direct
supervision of a licensee or a person authorized in another state
or country to engage in the practice of surveying and four more
years of experience as a responsible charge, has passed an
examination in the principles and practice of land surveying, and
has passed the West Virginia examination.
(b) A person graduating from a two-year or four-year approved
surveying degree program with a grade point average of 3.0 or
higher is permitted to take the examination in the fundamentals of
land surveying during his or her final semester.
(c) A person must pass the examination in the fundamentals of
land surveying and complete the work experience before he or she is
allowed to take the examination in the principles and practice of
land surveying and the West Virginia examination.
(d) The examination in the fundamentals of land surveying,
the examination in the principles and practice of land surveying,
and the West Virginia examination shall each be held at least once
each year at the time and place determined by the board. A person
who fails to pass all or any part of an examination may apply for
reexamination and shall furnish additional information and fees, as
required by the board.
§30-13A-9. Surveyor intern requirements.
(a) To be recognized as a surveyor intern by the board, a
person must meet the following requirements:
(1) Is of good moral character;
(2) Is at least eighteen years of age;
(3) Is a citizen of the United States or is eligible for
employment in the United States;
(4) Holds a high school diploma or its equivalent;
(5) Has not been convicted of a crime involving moral
turpitude;
(6) Has completed one of the education requirements set out in
section eight of this article; and
(7) Has passed an examination in the fundamentals of land
surveying.
(b) A surveyor-in-training recognized by the board prior to
the first day of July, two thousand four, shall for all purposes be
considered a surveyor intern under this section.
(c) A surveyor intern must pass the principles and practice of
land surveying examination and the West Virginia examination within
ten years of passing the fundamentals of land surveying
examination. If the examinations are not passed within ten years,
then the surveyor intern must retake the fundamentals of land
surveying examination.
§30-13A-10. Surveying license requirements.
(a) The board shall issue a surveying license to practice
under the provisions of this article to an applicant who meets the
following requirements:
(1) Is of good moral character;
(2) Is at least eighteen years of age;
(3) Is a citizen of the United States or is eligible for
employment in the United States;
(4) Holds a high school diploma or its equivalent;
(5) Has not been convicted of a crime involving moral
turpitude; and
(6) Has completed all of one of the education, experience and
examination requirements set out in section eight of this article.
(b) An application for a surveying license shall be made on
forms provided by the board and include the following:
(1) Name and address of the applicant;
(2) Applicant's education and experience;
(3) Location and date of passage of all the examinations;
(4) Names of five persons for reference, at least three of
whom shall be licensees or persons authorized in another state or
country to engage in the practice of surveying, and who have
knowledge of the applicant's work; and
(5) Any other information the board prescribes.
(c) An applicant shall pay all the applicable fees.
(d) A license to practice land surveying issued by the board
prior to the first day of July, two thousand four, shall for all
purposes be considered a license issued under this section:
Provided, That a person holding a license to practice land
surveying issued prior to the first day of July, two thousand four,
must renew the license pursuant to the provisions of this article.
§30-13A-11. Underground surveying endorsement requirements.
(a) The board shall issue an endorsement to practice
underground surveying under the provisions of this article to an
applicant who meets the following requirements:
(1) Is a licensed surveyor;
(2) Has three years or more experience in underground
surveying under the direct supervision of an endorsee or a person
authorized in another state or country to engage in the practice of
underground surveying; and
(3) Has passed an examination as prescribed by the board.
(b) An application for an underground surveying endorsement
shall be made on forms provided by the board and include the following:
(1) Name and address of the applicant;
(2) Applicant's underground surveying experience;
(3) Location and date of the passage of the underground
surveying examination;
(4) Names of three persons for reference, at least two of whom
shall be endorsees or persons authorized in another state or
country to engage in the practice of underground surveying, and who
have knowledge of the applicant's work; and
(5) Any other information the board prescribes.
(c) An applicant shall pay all the applicable fees.
(d) The examination for underground surveying shall be held at
least once each year at the time and place determined by the board.
An applicant who fails to pass all or any part of the examination
may apply for reexamination at any time and shall furnish
additional information and fees, as required by the board.
(e) A license to practice underground surveying issued by the
board prior to the first day of July, two thousand four, shall for
all purposes be considered an endorsement issued under this
section: Provided, That a person holding a license to practice
underground surveying issued prior to the first day of July, two
thousand four, must renew and then receive an endorsement pursuant
to the provisions of this article.
§30-13A-12. License, endorsement and certificate from another state; license, endorsement
and certificate to
practice in this state.
The board may issue a license, endorsement or certificate to
practice surveying or underground surveying in this state to an
applicant of good moral character who holds a valid license,
endorsement, certificate, registration or other authorization to
practice surveying or underground surveying from another state, if
the applicant demonstrates that:
(1) He or she holds a license, endorsement, certificate,
registration or other authorization to practice surveying or
underground surveying in another state which was granted after
completion of educational requirements substantially equivalent to
those required in this state;
(2) He or she holds a license, endorsement, certificate,
registration or other authorization to practice surveying or
underground surveying in another state which was granted after
completion of experience requirements substantially equivalent to
those required in this state;
(3) He or she holds a license, endorsement, certificate,
registration or other authorization to practice surveying or
underground surveying in another state which was granted after
passing, in that or another state, examinations that are
substantially equivalent to the examinations required in this state
and has passed the West Virginia examination;
(4) He or she is not currently being investigated by a
disciplinary authority of another state, does not have charges
pending against his or her license, endorsement, certificate,
registration or other authorization to practice surveying or
underground surveying, and has never had a license, endorsement,
certificate, registration or other authorization to practice
surveying or underground surveying revoked;
(5) He or she has not previously failed an examination for
licensure, endorsement or certification in this state;
(6) He or she has paid all the applicable fees; and
(7) Has completed such other action as required by the board.
§30-13A-13. License and endorsement renewal requirements.
(a) A licensee or endorsee wanting to continue in active
practice shall, annually or biennially upon or before the first day
of July, renew his or her license or endorsement and pay a renewal
fee.
(b) At least thirty days prior to the first day of July,
either annually or biennially, the secretary-treasurer of the board
shall mail to every licensee and endorsee a notice of renewal, an
application for renewal and the amount of the renewal fee.
(c) The board shall charge a fee for each renewal of a license
or endorsement and a late fee for any renewal not paid in a timely
manner.
(d) The board shall require as a condition for the renewal of a license or endorsement that each licensee or endorsee participate
in continuing education.
§30-13A-14. Inactive license and endorsement requirements.
(a) A licensee or endorsee who does not want to continue in
active practice shall notify the board in writing and be granted
inactive status.
(b) A person granted inactive status shall pay an inactive
fee, and is exempt from the continuing education requirements and
cannot practice in this state.
(c) When an inactive licensee or endorsee wants to return to
active practice, he or she must complete all the continuing
education requirements and pay all the applicable fees.
§30-13A-15. Expired license and endorsement requirements
.
(a) If a license or endorsement is not renewed when due, then
the board shall automatically place the licensee or endorsee on
expired status.
(b) The fee for a person on expired status shall increase at
a rate, determined by the board, for each month or fraction thereof
that the renewal fee is not paid, up to a maximum of thirty-six
months.
(c) Within thirty-six months of being placed on expired
status, if a licensee or endorsee wants to return to active
practice, he or she must complete all the continuing education
requirements and pay all the applicable fees.
(d) After thirty-six months of being placed on expired status,
a license or endorsement cannot be renewed. A person whose license
or endorsement has expired must reapply for a new license or
endorsement.
§30-13A-16. Retired license and endorsement requirements.
(a) A licensee or endorsee who does not want to continue
practicing surveying or underground surveying and who has chosen to
retire shall notify the board in writing and be granted retired
status.
(b) A person granted retired status shall be given the
honorific title of "Professional Surveyor, Retired" and cannot
practice in this state.
§30-13A-17. Requirements for when a person fails an examination.
(a) Any person failing any of the examinations for surveying
or underground surveying shall not be permitted to work as a
licensed surveyor or underground surveyor under the provisions of
this article, until the person has passed all the examinations.
(b) A person failing the fundamentals of land surveying
examination may still gain experience as required in section eight
of this article, until he or she passes the examination.
(c) A person who has passed the fundamentals of land surveying
examination, but failed the principles and practice examination or
West Virginia examination may only work as a surveyor intern under
the direct supervision of a licensee or a person authorized in another state or country to engage in the practice of surveying,
until he or she passes all of the examinations.
(d) Any person failing the examination for underground
surveying shall not be permitted to work as an endorsed underground
surveyor under the provisions of this article, until the person has
passed the examination. This subsection does not preclude the
person from practicing as a licensed surveyor.
§30-13A-18. Display of license, endorsement or certificate.
(a) The board shall prescribe the form for a license,
endorsement and certificate, and may issue a duplicate license,
endorsement and certificate upon payment of a fee.
(b) A licensee, endorsee and a certificate holder shall
conspicuously display his or her license, endorsement and/or
certificate at his or her principal place of practice.
§30-13A-19. Signature and seal or stamp.
(a) Each licensee must have a seal or a stamp, authorized by
the board, which seal or stamp shall include the licensee's name
and license number and the words "Professional Surveyor."
(b) Each endorsee must have a seal or a stamp, authorized by
the board, which seal or stamp shall include the endorsee's name
and endorsement license number and the words "Professional Surveyor
SU."
(c) All final survey documents prepared by a licensee or an
endorsee shall be signed and stamped with the licensee's or the endorsee's seal or stamp, or an electronic signature, seal or stamp
may be affixed.
(d) It is unlawful for a person who is not licensed or not
endorsed to affix a signature and stamp or seal on a document.
§30-13A-20. Certificate of authorization requirements.
(a) A firm practicing surveying and/or underground surveying
in West Virginia shall have a certificate of authorization.
(b) The board shall issue a certificate of authorization to a
firm that:
(1) Practices surveying and/or underground surveying in West
Virginia;
(2) Provides proof that the firm has employed a
surveyor-in-charge;
(3) Has paid all applicable fees; and
(4) Completes such other requirements as specified by the
board.
§30-13A-21. Certificate of authorization renewal requirements.
(a) A firm wanting to continue in active practice shall,
annually or biennially upon or before the first day of January,
renew its certificate of authorization and pay a renewal fee.
(b) At least thirty days prior to the first day of January,
either annually or biennially, the secretary-treasurer of the board
shall mail to every certificate of authorization holder a notice of
renewal, an application for renewal and the amount of the renewal fee.
(c) The board shall charge a fee for each renewal of a
certificate of authorization and a late fee for any renewal not
paid in a timely manner.
§30-13A-22. Display of certificate of authorization.
(a) The board shall prescribe the form for a certificate of
authorization, and may issue a duplicate certificate of
authorization upon payment of a fee.
(b) A firm shall conspicuously display its certificate of
authorization at its principal place of practice.
§30-13A-23. Surveyor-in-charge requirements.
(a) A firm with a certificate of authorization practicing
surveying and/or underground surveying in West Virginia must
operate all surveying and/or underground surveying activities under
the supervision and management of a surveyor-in-charge, who shall
be a licensee and/or endorsee who is licensed and/or endorsed in
this state.
(b) The designated surveyor-in-charge is responsible for the
surveying and/or underground surveying work in this state provided
by the firm.
(c) A licensee and/or endorsee cannot be designated as a
surveyor-in-charge for more than one firm.
(d) A licensee and/or endorsee who performs part-time or
consulting surveying and/or underground surveying services for a firm cannot be designated as a surveyor-in-charge for that firm,
unless the licensee and/or endorsee is an officer, a majority
interest holder or owner of the firm.
(e) The responsibilities of a surveyor-in-charge include:
(1) Renewal of the certificate of authorization;
(2) Notification to the board of any change in the
surveyor-in-charge;
(3) Supervising the firm's employees, including licensees,
endorsees, certificate holders and other personnel providing
surveying and/or underground surveying services in this state; and
(4) Ensuring that the policies of the firm adhere to the
provisions of this article.
(f) The board may authorize a licensee and/or endorsee to
supervise the work of an individual that is not an employee of the
licensee or endorsee, nor is employed by the same firm as the
licensee or endorsee. The potential supervisor must apply to the
board for this authorization.
§30-13A-24. Requirements for recording documents.
(a) No survey document intended to be used in the transfer of
real property, prepared by a licensee or endorsee, shall be filed
with any county clerk or accepted by any public official of this
state, unless the licensee's or endorsee's signature and seal or
stamp have been affixed thereto.
(b) If a survey document, prepared by a licensee or endorsee, has been altered from its original form, it shall not be filed with
any county clerk or accepted by any public official of this state,
until the original licensee or endorsee has initialed the changes.
§30-13A-25. Delivery of plat and description; recordation.
(a) When a licensee or endorsee prepares a boundary survey, he
or she shall make a plat of the land and provide a legal
description of the land. The licensee or endorsee shall give a
copy of the plat and the legal description to the client.
(b) If the title to the land that was surveyed is conveyed,
the instrument conveying the title shall use the legal description
and the plat shall be recorded simultaneously with the instrument,
except when a plat has already been recorded and a reference to the
recordation of the plat is given instead.
§30-13A-26. Minimum standards for surveys.
(a) The purpose of these standards is to establish minimum
technical criteria to govern the performance of surveyors when more
stringent specifications are not required. Further, the purpose is
to protect the inhabitants of this state from dishonest or
incompetent surveying, and generally to protect the public welfare.
(b) The client discussion prior to the survey shall cover the
purpose of the survey, the scope of services, including the time
for completion of the survey, disputes with adjoiners, fees and all
pertinent details of the contract.
(c) The record search shall include the record description based on current and prior deeds, conveyance from common grantor,
or if necessary, the original survey or grant. It shall also
include descriptions of adjoining properties, other sources of
information or resolution of conflicts in descriptions. All
records of information sources used shall be retained as a
permanent record.
(d) A licensee, endorsee or persons under the direct
supervision of a licensee and/or endorsee, shall physically go to
the land and perform the survey.
(e) The field survey shall consist of the following:
(1) A field search for controlling evidence;
(2) A discussion of evidence with the owner and/or client;
(3) A reasonable attempt at notifying the adjoiners;
(4) A reasonable attempt of talking to the adjoiners or others
having knowledge of the boundaries; and
(5) The location of evidence by appropriate methods and
procedures.
(f) The surveyor shall use methods and equipment suitable for
the purpose of the survey and the field notes shall be retained as
a permanent record.
(g) Distance shall be reported in feet or meters, or parts
thereof, and angles or directions shall be reported in degrees or
parts thereof. The observations shall be measured to a precision
that will produce the desired level of accuracy. The area of the tract being surveyed shall be measured and reported to a precision
consistent with the purpose of the survey. All measuring devices
shall be checked periodically for accuracy and condition.
(h) Monumentation is required for all new or reestablished
corners, or reference monument for inaccessible corners, and is
encouraged at intervisible points between corners. Set monuments
shall be made of durable material and set firmly in the ground.
Pipes shall have a minimum inside diameter of one inch, while
rebars shall have a minimum outside diameter of five-eighths inch
and both shall have a minimum length of thirty inches. Other
markers shall have a minimum cross-sectional area of one-half
square inch and shall be made of durable material, identifiable and
unique. Natural objects chosen for corners shall be durable,
unique and easily identifiable.
(i) All rebars, pipes and other markers, except natural
objects, shall have caps bearing the surveyor's license number or
company name.
(j) A plat shall be prepared for all boundary or partition
surveys, unless specifically prohibited by the client in the
contract. The plat shall show the results of the field survey and
be provided to the client. Plats shall be to a scale large enough
to show significant details.
(k) The following information shall be shown on plats, when
applicable:
(1) A north arrow and a basis of bearings;
(2) The date of the survey;
(3) The measured length and direction of each boundary line by
distance, bearing and quadrant;
(4) General location information;
(5) Ties to significant objects;
(6) The evidence of possession on or near the property line;
(7) The description of all corners or reference monuments,
including whether the corners were found (fd) or set;
(8) The outlined area of the property and all significant
parts, including streets, alleys and nonlotted areas of a
subdivision;
(9) The acreage or square footage of the property;
(10) Any overlaps and gaps in record lines, former deed or
grant lines, as needed;
(11) The subdivision name, lot, block and plat reference;
(12) The tax map and parcel number, if available, of all the
tracts shown on the plat;
(13) The name of the current and/or past owners of the subject
property;
(14) The name of the adjoining landowners;
(15) The current conveyance reference for the subject
property;
(16) The current conveyance reference for the adjoining landowners;
(17) The name and location of any creeks, rivers or roads near
the property to help locate the property;
(18) The plat's title for reference when recording;
(19) The district or municipality, county and state where the
property is located; and
(20) The name, address, license number, signature and seal of
the surveyor.
(l) A legal description shall be prepared for all boundary,
partition and retracement surveys, except mortgage inspection
surveys, and be provided to the client.
(m) The following shall be included in a legal description,
when applicable:
(1) A metes and bounds description of the property;
(2) The point of beginning;
(3) The description of monumentation at each corner and
objects encountered along the line, including the adjoining
landowners;
(4) The length and direction of each line;
(5) The radius, chord bearing and distance of a curved
boundary line;
(6) The lot and block numbers for newly platted partitions or
subdivisions;
(7) The acreage or square footage of the property;
(8) The watershed or topographic location where the property
is located;
(9) A reference to the conveyance by which the current owner
claims title, including the grantor, grantee, date and recording
reference;
(10) A reference to the accompanying plat;
(11) The district or municipality, county and state where the
property is located; and
(12) The name of the surveyor preparing the legal description.
(n) The report of survey shall be used when the plat and the
legal description do not adequately address all matters considered
by the surveyor in performing the survey, and should be provided to
the client with the plat and the legal description.
(o) The report of survey shall include all unusual
circumstances surrounding the survey, with weight being given to
conflicting evidence and encroachments, overlaps or gaps and how
they were resolved, and the names of adjoiners contacted and the
information they supplied.
(p) If a mortgage/loan inspection survey was done, then the
plat must be stamped with: "A mortgage/loan inspection survey
only, not a boundary survey." The surveyor must notify and clarify
to the client that only a mortgage/loan inspection survey was
performed and that no legal description was prepared.
§30-13A-27. "West Virginia Coordinate Systems"; definition; plane
coordinates, limitations of use.
(a) The systems of plane coordinates which have been
established by the National Ocean Survey/National Geodetic Survey
(formerly the United States Coast and Geodetic Survey) or its
successors for defining and stating the geographic position or
locations of points on the surface of the earth within the state of
West Virginia are hereafter to be known and designated as the "West
Virginia Coordinate System of 1927" and the "West Virginia
Coordinate System of 1983."
(b) For the purpose of the use of this system the state is
divided into a "North Zone" and a "South Zone."
The area now included in the following counties shall
constitute the North Zone: Barbour, Berkeley, Brooke, Doddridge,
Grant, Hampshire, Hancock, Hardy, Harrison, Jefferson, Marion,
Marshall, Mineral, Monongalia, Morgan, Ohio, Pleasants, Preston,
Ritchie, Taylor, Tucker, Tyler, Wetzel, Wirt and Wood.
The area now included in the following counties shall
constitute the South Zone: Boone, Braxton, Cabell, Calhoun, Clay,
Fayette, Gilmer, Greenbrier, Jackson, Kanawha, Lewis, Lincoln,
Logan, McDowell, Mason, Mercer, Mingo, Monroe, Nicholas, Pendleton,
Pocahontas, Putnam, Raleigh, Randolph, Roane, Summers, Upshur,
Wayne, Webster and Wyoming.
(c) As established for use in the North Zone, the West
Virginia Coordinate System of 1927 or the West Virginia Coordinate System of 1983 shall be named and in any land description in which
it is used it shall be designated, the "West Virginia Coordinate
System of 1927 North Zone" or "West Virginia Coordinate System of
1983 North Zone."
As established for use in the South Zone, the West Virginia
Coordinate System of 1927 or the West Virginia Coordinate System of
1983 shall be named and in any land description in which it is used
it shall be designated, the "West Virginia Coordinate System of
1927 South Zone" or "West Virginia Coordinate System of 1983 South
Zone."
(d) The plane coordinate values for a point on the earth's
surface, used to express the geographic position or location of
such point in the appropriate zone of this system, shall consist of
two distances, expressed in U.S. survey feet and decimals of a foot
when using the West Virginia Coordinate System of 1927, and
expressed in meters and decimals when using the West Virginia
Coordinate System of 1983. One of these distances, to be known as
the "X-Coordinate," shall give the position in an East-and-West
direction. The other, to be known as the "y-coordinate," shall
give the position in a North-and-South direction.
These coordinates shall be made to depend upon and conform to
plane rectangular coordinate values for the monumented points of
the North American Horizontal Geodetic Control Network as published
by the National Ocean Survey/National Geodetic Survey (formerly the United States Coast and Geodetic Survey), or its successors, and
whose plane coordinates have been computed on the system defined by
this section. Any such station may be used for establishing a
survey connection to either West Virginia coordinate system.
(e) For purposes of describing the location of any survey
station or land boundary corner in the state of West Virginia, it
shall be considered a complete, legal, and satisfactory description
of such location to give the position of said survey station or
land boundary corner on the system of plane coordinates defined in
this section. Nothing contained in this section shall require a
purchaser or mortgagee of real property to rely wholly on a land
description, any part of which depends exclusively upon either West
Virginia coordinate system.
(f) When any tract of land to be defined by a single
description extends from one into the other of the coordinate zones
specified in this section, the position of all points on its
boundaries may refer to either of the two zones. The zone which is
being used specifically shall be named in the description.
(g) (1) For purposes of more precisely defining the West
Virginia Coordinate System of 1927, the following definition by the
United States Coast and Geodetic Survey (now National Ocean
Survey/National Geodetic Survey) is adopted:
The "West Virginia Coordinate System of 1927 North Zone" is a
Lambert conformal conic projection of the Clarke Spheriod of 1866, having standard parallels at North latitudes 39 degrees and 00
minutes and 40 degrees and 15 minutes, along which parallels the
scale shall be exact. The origin of coordinates is at the
intersection of the meridian 79 degrees 30 minutes West of
Greenwich and the parallel 38 degrees 30 minutes North latitude.
This origin is given the coordinates: x = 2,000,000 feet and y =
0 feet.
The "West Virginia Coordinate System of 1927 South Zone" is a
Lambert conformal conic projection of the Clarke Spheriod of 1866,
having standard parallels at North latitudes 37 degrees 29 minutes
and 38 degrees 53 minutes, along which parallels the scale shall be
exact. The origin of coordinates is at the intersection of the
meridian 81 degrees 00 minutes West of Greenwich and the parallel
37 degrees 00 minutes North latitude. This origin is given the
coordinates: x = 2,000,000 feet and y = 0 feet.
(2) For purposes of more precisely defining the West Virginia
Coordinate System of 1983, the following definition by the National
Ocean Survey/National Geodetic Survey is adopted:
The "West Virginia Coordinate System of 1983 North Zone" is a
Lambert conformal conic projection of the North American Datum of
1983, having standard parallels at North latitudes 39 degrees and
00 minutes and 40 degrees and 15 minutes, along which parallels the
scale shall be exact. The origin of coordinates is at the
intersection of the meridian 79 degrees 30 minutes West of Greenwich and the parallel 38 degrees 30 minutes North latitude.
This origin is given the coordinates: x = 600,000 meters and y =
0 meters.
The "West Virginia Coordinate System of 1983 South Zone" is a
Lambert conformal conic projection of the North American Datum of
1983, having standard parallels at North latitudes 37 degrees 29
minutes and 38 degrees 53 minutes, along which parallels the scale
shall be exact. The origin of coordinates is at the intersection
of the meridian 81 degrees 00 minutes West of Greenwich and the
parallel 37 degrees 00 minutes North latitude. This origin is
given the coordinates: x = 600,000 meters and y = 0 meters.
(h) No coordinates based on the West Virginia coordinate
system, purporting to define the position of a point on a land
boundary, shall be presented to be recorded in any public records
or deed records unless such point is based on a public or private
monumented horizontal control station established in conformity
with the standards of accuracy and specifications for first order
or better geodetic surveying as prepared and published by the
Federal Geodetic Control Committee (FGCC) of the United States
Department of Commerce. Standards and specifications of the FGCC
or its successor in force on date of said survey shall apply. The
publishing of the existing control stations, or the acceptance with
intent to publish the newly established control stations, by the
National Ocean Survey/National Geodetic Survey will constitute evidence of adherence to the FGCC specifications. The limitations
specified in this section, may be modified by a duly authorized
state agency to meet local conditions.
(i) The use of the term "West Virginia Coordinate System of
1927 North or South Zone" or "West Virginia Coordinate System of
1983 North or South Zone" on any map, report or survey or other
document shall be limited to coordinates based on the West Virginia
coordinate system as defined in this section.
(j) A plat and a legal description must show the basis of
control identified by the following:
(1) The monument name and/or the point identifier (PID) on
which the survey is based;
(2) The order of accuracy of the base monument; and
(3) The coordinate values used to compute the corner
positions.
(k) Nothing in this section shall prevent the recordation in
any public record of any deed, map, plat, survey, description or of
any other document or writing of whatever nature which would
otherwise constitute a recordable instrument or document even
though the same is not based upon or done in conformity with the
West Virginia coordinate system established by this section, nor
shall such nonconformity with such system invalidate any deed, map,
plat, survey, description or other document which is otherwise
proper.
§30-13A-28. Complaints; investigations.
(a) The board may, on its own motion, conduct an investigation
to determine whether there are any grounds for disciplinary action
against a licensee, endorsee,
certificate holder
or
certificate of
authorization holder
. The board
shall, upon the verified written
complaint of any person,
conduct an investigation to determine
whether there are any grounds for disciplinary action against a
licensee, endorsee,
certificate holder
or
certificate of
authorization holder
.
(b) Upon receipt of a written complaint filed against any
licensee, endorsee,
certificate holder
or
certificate of
authorization holder
, the board shall provide a copy of the
complaint to the
licensee, endorsee,
certificate holder
or
certificate of authorization holder
.
(c) If the board finds, upon investigation, that probable
cause exists that the
licensee, endorsee,
certificate holder
or
certificate of authorization holder
has violated any provision of
this article or the rules promulgated hereunder, then the board
shall serve the
licensee, endorsee,
certificate holder
or
certificate of authorization holder
with a written statement of
charges and a notice specifying the date, time and place of the
hearing. The hearing shall be held in accordance with the
provisions of this article.
§30-13A-29. Refusal to issue or renew, suspension or revocation;
disciplinary action.
(a) The board may refuse to issue, refuse to renew, suspend,
revoke or limit any
licensee, endorsee,
certificate holder
or
certificate of authorization holder
, or practice privilege of a
licensee, endorsee,
certificate holder
or
certificate of
authorization holder
and may take disciplinary action against a
licensee, endorsee,
certificate holder
or
certificate of
authorization holder
who, after notice and a hearing, has been
adjudged by the board as unqualified for any of the following
reasons:
(1) Fraud or deceit in obtaining or maintaining a
license,
endorsement,
certificate
or
certificate of authorization
;
(2) Failure by any
licensee, endorsee,
certificate holder
or
certificate of authorization holder
to maintain compliance with the
requirements for the issuance or renewal of a
license, endorsement,
certificate
or
certificate of authorization
;
(3) Dishonesty, fraud, professional negligence in the
performance of land surveying or underground surveying services, or
a willful departure from the accepted standards of surveying and
the professional conduct of surveyors;
(4) Violation of any provision of this article, any rule
promulgated hereunder, any professional standard or rule of
professional conduct;
(5) Failure to comply with the provisions of this article
any rule promulgated hereunder,
or any order or final decision of the
board;
(6) Failure to respond to a request or action of the board;
(7) Has been convicted of a crime involving moral turpitude;
(8) Conviction of a felony or a crime involving dishonesty or
fraud under the laws of the United States or this state, or
conviction of any similar crime under the laws of any other state,
if the underlying act or omission involved would have constituted
a crime under the laws of this state;
(9) Any conduct adversely affecting the
licensee's,
endorsee's,
certificate holder's
or
certificate of authorization
holder
's fitness to perform surveying or underground surveying
services; or
(10) Knowingly using any false or deceptive statements in
advertising.
(b) If the board suspends, revokes, refuses to issue, refuses
to renew or limits any
license, endorsement,
certificate
,
certificate of authorization
or practice privilege, the board shall
make and enter an order to that effect
and give written notice of
the order to the person
by certified mail, return receipt
requested,
which order shall include a statement of the charges
setting forth the reasons for the action, and notice of the date,
time and place of the hearing. If a
license, endorsement,
certificate
or
certificate of authorization
is ordered suspended or revoked, then the licensee, endorsee,
certificate
holder or
certificate of authorization holder
shall, within twenty days after
receipt of the order, return the license, endorsement,
certificate
or
certificate of authorization
to the board
. The hearing shall be
held in accordance with the provisions of this article.
(c) Disciplinary action includes, but is not limited to, a
reprimand, censure, probation, administrative fines, and mandatory
attendance at continuing education seminars.
§30-13A-30. Hearing and judicial review.
(a)
Any person adversely affected by an order entered by the
board is entitled to a hearing.
A hearing on a statement of the
charges shall be held in accordance with the provisions for
hearings set forth in section eight, article one of this chapter
and the procedures specified by the board by rule.
(b) Any
licensee, endorsee,
certificate
holder
or
certificate
of authorization
holder, adversely affected by any decision of the
board entered after a hearing, may obtain judicial review of the
decision in accordance with section four, article five, chapter
twenty-nine-a of this code and may appeal any ruling resulting from
judicial review in accordance with article five, chapter twenty-
nine-a of this code.
§30-13A-31. Reinstatement.
If the board has suspended, revoked or refused to renew a
license, endorsement,
certificate
or
certificate of authorization
, the
licensee, endorsee,
certificate
holder
or
certificate of
authorization
holder shall be afforded an opportunity to
demonstrate his, her or its qualifications to resume practice. The
application for reinstatement shall be in writing and subject to
the procedures specified by the board.
§30-13A-32. Unlawful acts.
(a) It is unlawful for any person to practice or offer to
practice surveying or underground surveying in this state without
a license or endorsement issued under the provisions of this
article, or advertise or use any title or description tending to
convey the impression that they are a licensed surveyor or an
endorsed underground surveyor, unless such person has been duly
licensed or endorsed under the provisions of this article.
(b) It is unlawful for any firm to practice or offer to
practice surveying or underground surveying in this state without
a certificate of authorization issued under the provisions of this
article, or advertise or use any title or description tending to
convey the impression that it is a surveying or underground
surveying firm, unless such firm has been issued a certificate of
authorization under the provisions of this article.
§30-13A-33. Injunctions.
(a) When, by reason of an investigation under this article or
otherwise, the board or any other interested person believes that
a person has
violated or is about to violate any provision of this article, any rule promulgated hereunder, any order of the board or
any final decision of the board,
the board or any other interested
person may apply to any court of competent jurisdiction for an
injunction against such person
enjoining such person from the
violation.
Upon a showing that the person has engaged in or is
about to engage in any prohibited act or practice, an injunction,
restraining order or other appropriate order may be granted by the
court without bond.
(b) The board may fine and/or issue cease and desist orders
against individuals and/or firms found to be in violation of the
provisions of this article or any rule adopted thereunder.
(c) A cause of action by the board may be brought in the
circuit court of the county where the board's office is located or
in the circuit court of the county where the cause of action took
place.
§30-13A-34. Criminal proceedings; penalties.
(a) When, as a result of an investigation under this article
or otherwise, the board has reason to believe that a person has
knowingly violated the provisions of this article, the board may
bring its information to the attention of the attorney general or
other appropriate law-enforcement officer who may cause appropriate
criminal proceedings to be brought.
(b)
If a court of law finds that a person knowingly violated
any provision of this article, any rule promulgated hereunder, any order of the board or any final decision of the board, then the
person is guilty of a misdemeanor and, upon conviction thereof,
shall be fined no less than one hundred dollars and no more than
one thousand dollars for each violation, imprisoned
for up to
thirty days for each violation, or both fined and imprisoned.
§30-13A-35. Single act evidence of practice.
In any action brought or in any proceeding initiated under
this article, evidence of the commission of a single act prohibited
by this article is sufficient to justify a penalty, injunction,
restraining order or conviction without evidence of a general
course of conduct.
§30-13A-36. Continuation of board.
The West Virginia board of professional surveyors shall
continue to exist, pursuant to the provisions of article ten,
chapter four of this code, until the first day of July, two
thousand six, unless sooner terminated, continued or reestablished
pursuant to the provisions of that article.
NOTE: The purpose of this bill is to revise the law governing
the West Virginia Board of Professional Surveyors.
§§30-13A-1 through 18 have been completely rewritten;
therefore, strike-throughs and underscoring have been omitted.
§§30-13A-19 through 36 are new; therefore, strike-throughs and
underscoring have been omitted.
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