Title 23 W. Va. C.S.R.

Professional Surveyors Professional Surveyors

Series 01 Examination and Licensing of Professional Surveyors in West Virginia

W. Va. Code R. § 23-1-1 General Information and Purpose

1.1. Scope. -- This rule is promulgated by the Board of Professional Surveyors, hereinafter referred to as the Board or WVBPS, to govern licensing of Professional Surveyors in West Virginia (WV).

1.2. Authority. -- W. Va. Code §30-13A-6.

1.3. Filing Date. -- April 30, 2024

1.4. Effective Date. – April 30, 2024

1.5. Sunset Provision – This rule shall terminate and have no further force or effect on August 1, 2034.

W. Va. Code R. § 23-1-2 Definitions

As used in this rule, the following terms have the following meanings unless the context or subject matter clearly requires a different interpretation:

2.1. Active Duty” means when a member of the Armed Forces of the United States, the National Guard of this state or any other state or any other military reserve component is deployed outside this state, and for the following six months after discharge. 2.2 “Active Status” means the licensee has met all the requirements for the current annual renewal period and is permitted to practice as a professional surveyor in West Virginia.

2.3. “Certificate of Licensure” means a certificate issued to the applicant who has met the licensing requirements of W. Va. Code §30-13A-1 et seq. and has been approved by the Board. The certificate will be signed as required by the Board and will show the license number and seal of the Board and shall be displayed conspicuously at the principal place of practice.

2.4. “Comity Applicant” means a person who is applying to become a professional surveyor in West Virginia and is currently in possession of a professional surveyor license or certificate of licensure issued by a proper authority of a jurisdiction other than WV.

2.5. “Continuing Education” means mandatory continuing education required by the Board as set forth in 23CSR2.

2.6. “Delinquent Status” means the licensee has failed to meet the requirements for renewal or paid the renewal fee and is not permitted to practice as a professional surveyor in West Virginia. The licensee can remain in delinquent status up to thirty-six (36) months without submitting a new application.

2.7. “Direct Supervision” means the responsible licensee is in direct control of all field and office surveying operations. Direct control does not necessarily require the actual physical presence of the responsible licensee at the site of the survey, nor prohibit the responsible licensee from maintaining simultaneous direct supervision of more than one survey.

2.8. “Endorsement Applicant” means a person who is a current licensee of the Board and is applying to survey in a specialized field of practice.

2.9. “Expired Status” means the licensee has failed to meet the requirement for renewal while in delinquent status and must reapply for a new license and meet all of the current experience, education, and examination requirements.

2.10. “FS Examination” means the NCEES Fundamentals of Surveying Examination.

2.11. “Inactive Status” means the licensee has met all the requirements for the current annual renewal period, except for continuing education, and has been granted inactive status and is not permitted to practice as a professional surveyor in West Virginia.

2.12. “License” means a surveying license issued under the provisions of W. Va. Code §30-13A-1 et seq. authorizing a licensee to practice as a professional surveyor for a designated period of time approved by the Board.

2.13. “Low-income individual” means an individual in the local labor market as defined in W. Va. Code §21-1C-2, whose household adjusted gross income is below 130 percent of the federal poverty line. This term also includes any person enrolled in a state or federal public assistance program including, but not limited to, the Temporary Assistance for Needy Families Program (TANF), Medicaid, or the Supplemental Nutrition Assistance Program (SNAP).

2.14. “Military families” means any person who serves as an active member of the armed forces of the United States, the National Guard, or a reserve component as described in 38 U. S. C. §101, honorably discharged veterans of those forces, and their spouses. This term also includes surviving spouses of deceased service members who have not remarried.

2.15. “NCEES” means the National Council of Examiners for Engineering and Surveying.

2.16. “Professional Charge” means a person who holds a current license in active status with the Board and is the lead professional responsible to directly supervise other professionals, technicians or support staff and to affix his or her signature and seal to survey documents.

2.17. “PS” means a licensed Professional Surveyor who has met all of the examination and licensing requirements as set forth in W. Va. Code §30-13A-1 et seq. and is an acronym used after the surveyor’s name to indicate they are a current licensee with the Board.

2.18. “PS Examination” means the NCEES Principles and Practice of Surveying Examination.

2.19. “Responsible Charge” means direct control of work or projects under the direct supervision of a licensee or person licensed as a professional surveyor in a jurisdiction other than WV to engage in the practice of surveying.

2.20. “Retired Status” means the licensee has applied for and been approved by the Board for retired status and is not permitted to practice as a professional surveyor in West Virginia.

2.21. “SI” means a certified Surveyor Intern who has passed the FS examination.

2.22. “SU” means “surface and underground” and is the designation following the license number of a licensee who has met the requirements to be endorsed by the Board as an underground surveyor pursuant to W. Va. Code §30-13A-1 et seq.

2.23. “Technician” means a person who performs technical work related to surveying under the direction of a designated field or office supervisor or a person in responsible charge or licensed professional. Examples of a technician may be, but are not limited to, an instrumentperson, rodperson, drafter or computer operator.

2.24. “WV Examination” means the state-specific West Virginia Professional Surveyors Examination developed by the Board.

W. Va. Code R. § 23-1-3 Application and Qualification for Licensure or Certification

3.1. Applications Generally.

3.1.a. Each application shall be accompanied by an application fee and examination fee determined by the Board as set forth in 23CSR4 et seq.

3.1.b. Any applicant is required to notify the Board within thirty (30) days of any change in name, address, employment, or other relevant information.

3.1.c. In support of an applicant’s experience verification, the Board may require designated records and documentation of surveys made by the applicant.

3.1.d. The Board deems that statements provided as references for an applicant, personal data, and other such information are personal in nature and public disclosure of those statements would constitute an unreasonable invasion of privacy and, therefore, shall be exempt from disclosure under W. Va. Code §29B-1-4 et seq.

3.1.e. The application and associated documents shall be kept as a permanent record, except for any survey documents submitted with the application that justify the applicant’s experience which shall be kept for a maximum of six (6) years.

3.1.f. An applicant may request reconsideration of an application which has been denied when the request is based upon additional information or evidence which could affect the original decision. A request for reconsideration or hearing must be made within fifteen (15) days after the applicant receives notice of the denial of application for licensure.

3.1.g. The Board has the discretion to make exceptions for any applicant who is serving on active duty in the Armed Forces of the United States or who is experiencing physical disability, illness, or other extenuating circumstances.

3.1.h. Low-Income individuals, as defined in this rule, may seek a waiver of the initial application fee for licensure and must request in a format prescribed by the board.

3.1.i. Military families, as defined in this rule, may seek a waiver of the initial application fee for licensure and must request in a format prescribed by the board.

3.2. Applications.

3.2.a. All applications and related documentation shall be submitted to the Board on forms prescribed by the Board.

3.3. Education and Experience Reporting.

3.3.a. An applicant shall clearly and concisely document his or her survey related education and experience history and list separately the years of education, technical experience and responsible charge experience with the number of allotted years clearly shown.

3.3.b. The applicant shall document a minimum of two (2) years experience in responsible charge of survey related work in order to qualify for examination.

3.3.c. The final determination for allotted years for each category shall rest entirely with the Board.

3.4. Military Education and Experience.

3.4.a. In order to meet the education requirement of W. Va. Code §30-13A-1 et seq., military veterans should submit their DD 214 and transcript from the American Council of Education (ACE), which provides a listing of acceptable college credits, based upon the individuals Military Occupational Speciality (MOS), military training, and length of service, to a college or university that will award military credit.

3.4.b. Veterans who meet the education requirement of W. Va. Code §30-13A-1 et seq. for licensure, may submit their DD 214 with their application for Board consideration of applicable surveying experience. The Board may award experience comenserate with the veterans rank and years of service, and deteremine which experience is creditable towards meeting the responsible charge and technician level requirement in accordance with paragraph 3.3.a of this rule.

3.4.c. Veterans who were members of the Selected Reserves of the Armed Forces of the United States may also apply under the provisions of paragraphs 3.4.1.a. and 3.4.1.b. above and submit their DD 214 and/or Report of Separation/Record of Service from the Selected Reserve for awarding of educational and experience consideration.

3.5. Application for PS Examination.

3.5.a. An applicant shall first apply for and pass the FS examination before making application for the next level of examinations.

3.5.b. An applicant shall be an SI in good standing at the time of application.

3.5.c. An applicant shall meet all of the education or experience requirements as set forth in W. Va. Code §30-13A-1 et seq. and be approved by the Board prior to sitting for the next level of examinations.

3.6. Comity Applicants.

3.6.a. The Board shall honor the acts of licensing, certification or registration of surveyors by licensing agencies in other jurisdictions, and shall license those applicants upon proper application and payment of fees and upon verification(s) from all jurisdiction(s) in which the applicant has been licensed, which are substantially equivalent to those prescribed by W. Va. Code §30-13A-1 et seq. and by rule of the Board, and the other jurisdiction reciprocates the same privileges to applicants who are licensed in West Virginia.

3.6.b. When considering a comity applicant, the board shall take into consideration when its licensure qualifications changed and consider the application within that context when reviewing that application for approval.

3.6.b.1. The board shall require a comity applicant, licensed after 2004, to obtain the education requirements as stated in W.Va. Code §30-13A-1 et seq. for that applicant’s qualifications to be considered substantially equivalent.

3.6.c. Notwithstanding the provisions of subdivision 3.6.a. of this rule, an individual licensed as a professional surveyor in a jurisdiction other than West Virginia shall apply for and pass the WV examination as a condition precedent to obtaining a license to engage in the practice of surveying in this state.

3.7. Criminal History.

3.7.a. The Board may not disqualify an applicant from initial licensure because of a prior criminal conviction unless that conviction bears a rational nexus to the practice of professional surveying. In determining whether a criminal conviction bears a rational nexus to the practice of professional surveying, the Board shall consider, at a minimum: The nature and seriousness of the crime; The passage of time since the commission of the crime; The relationship of the crime to the ability, capacity, and fitness required to perform the duties and discharge the responsibilities attendant to the practice of professional surveying; and any evidence of rehabilitation or treatment undertaken by the applicant.

3.8. Petition to Determine Licensure Eligibility.

3.8.a. An individual with a criminal record who has not previously applied for licensure may petition the Board at any time for a determination of whether the individual’s criminal record will disqualify the individual from obtaining a license.

3.8.b. The petition shall be submitted on an application form prescribed by the Board and shall include sufficient details about the individual’s criminal record to enable the Board to identify the jurisdiction where the conviction occurred, the date of the conviction and the specific nature of the conviction.

3.8.c. The applicant may submit with the petition evidence of rehabilitation, letters of reference, and any other information the applicant deems relevant to show fitness and the ability to practice professional surveying.

3.8.d. The Board shall provide the determination within 60 days of receiving the petition

W. Va. Code R. § 23-1-4 Examination for Licensure or Certification

4.1. Examinations Generally.

4.1.a. The Board will administer at least one (1) WV examination per year at a time and place as determined by the Board.

4.1.b. The scope of the examination and methods of procedure for the FS and PS examinations are determined by the NCEES.

4.1.c. The scope of the examination and methods of procedure for the WV examination or any other licensing or endorsement examination will be determined by the Board.

4.1.d. An applicant who fails to pass any parts of the examination fewer than ten (10) times may reapply at any time to take the failed parts and shall furnish additional information as requested by the Board.

4.1.e. An applicant who fails to pass any parts of the examination for ten (10) attempts is precluded from taking any part of the examination for two (2) full years and may be required to obtain additional educational requirements as determined by the Board. After the passage of the mandatory two-year period and the completion of any additional educational requirements, the applicant shall file a new application, and pay any application fees required by the Board before taking the examination again.

4.1.f. An applicant who fails to attend an examination for which they have been scheduled will forfeit the fee paid for the examination, except, with a request to and approval by the Board, the fee may be applied to the next test administration in the case of illness, death in the family, or other unavoidable causes for absence. Failure of an applicant to attend an examination for which they have been scheduled does not count as a failure of the examination.

4.1.g. An applicant who does not pass the examination for which they have applied within ten (10) years from the date of application shall be required to submit a new application with updated references, education, and experience information previously submitted to the Board as needed,and pay any application fees required by the Board before continuing to take the examination..

4.2. Examination Results.

4.2.a. The Board shall provide notification to an applicant that they passed or failed the examination.

4.2.b. Applicants are not permitted access to, or review of, any examination administered by the Board.

W. Va. Code R. § 23-1-5 Survey Certificates and License

5.1. Certificates and Licenses Generally.

5.1.a. When a certificate or license is lost, stolen, destroyed or mutilated, the Board may issue a duplicate certificate or license upon written request by a licensee in good standing and a payment of a fee as set forth in 23CSR4 et seq.

5.1.b. A licensee or certificate holder is required to notify the Board within thirty (30) days of any change in name, address, employment, or other relevant information.

5.2. Surveyor Intern Certificate.

5.2.a. Whenever the Board finds that an applicant has passed the FS examination, it shall issue a SI certificate which shall contain the legal name of the SI, the SI number assigned by the Board and the expiration date. All certificates shall expire ten (10) years from the passing date of the FS examination and cannot be renewed.

5.2.b. A certified SI shall display the certificate issued by the Board at his or her principal place of employment.

5.2.c. A person holding a SI certificate is not required to pay any fees other than the application and examination fees or a replacement certificate fee as set forth in 23CSR4 et seq.

5.2.d. Pursuant to W. Va. Code §30-13A-1 et seq., a surveyor-in-training recognized by the Board prior to the first (1st) day of July, 2004 shall for all purposes be considered a Surveyor Intern under this section.

5.3. PS License and Certificate.

5.3.a. Whenever the Board finds that an applicant meets all of the requirements for a license to engage in the practice of surveying, it shall issue the certificate of licensure and the annual license.

5.3.b. All licenses, whether original or renewal, expire on the thirtieth (30th) day of June following the date of issuance or renewal and are placed in delinquent status without hearing after that date unless renewed in accordance with subsection 5.4 below.

5.3.c. A licensee shall display the annual license issued by the Board at his or her principal place of practice.

5.3.d. The Board will maintain a current record of those licenses that are in active, inactive, or delinquent status. The licenses that have been voluntarily surrendered or in retired, expired or deceased status will be kept as a sedentary record. Sedentary records will not receive renewal mailings or other relevant information from the Board.

5.3.e. A wallet card shall be issued simultaneously with the annual license, to be kept on the licensee’s person.

5.4. PS License Renewal.

5.4.a. The Board shall mail to the last known address of every active, inactive, or delinquent licensee, at least thirty (30) days prior to the July first (1st) expiration of a license, notice of the expiration date and the amount of the renewal fee.

5.4.b. A licensee may renew a license without examination upon meeting the continuing education requirements as set forth in 23CSR2 et seq. and submitting an application for renewal on a form prescribed by the Board and payment to the Board of an annual renewal fee as set forth in 23CSR4 et seq. 5.4.c With supporting documentation, active or inactive licensees may request exemption from the license renewal fee in the following instances: serving on active duty in the Armed Forces of the United States ; experiencing physical disability; illness; or other extenuating circumstances.

5.4.d. The Board may deny any application for renewal for any reason that would justify the denial of an original application for a license.

5.5. PS License Status.

5.5.a. Active Status. A licensee is current in all the licensing requirements and is authorized to practice as a professional surveyor and be in professional charge.

5.5.b. Delinquent Status. If a license is not renewed when due it immediately falls into “delinquent” status. The fee shall increase by twenty percent (20%) for each month or fraction of a month that the renewal fee is not paid, up to a maximum of thirty-six (36) months.

5.5.c. Expired Status. If a license is not renewed for a period of thirty-six (36) months it immediately falls into “expired” status and may not be renewed. The fact that a license cannot be renewed because of the expiration of a period of thirty-six (36) months may not prevent a person from making application for a new license by meeting all the education, experience, and examination requirements in effect at the time of submitting a new application.

5.5.d. Inactive Status. Licensees may apply or reapply for “inactive” status while in active or delinquent status and must pay the annual renewal fee for licensure and any requisite late fees accrued for the license period.

5.5.d.1. The Board shall issue an annual license card noting “Inactive Status” to qualifying applicants.

5.5.d.2. Inactive licensees are not permitted to practice as a professional surveyor or be in professional charge.

5.5.d.3. Licensees in inactive status are not required to maintain professional development hours (PDHs); however, an inactive licensee who elects to return to the active practice of surveying shall acquire PDHs for up to a maximum of two (2) years’ requirements as set forth in 23CSR2 et seq.

5.5.d.4. Licensees in inactive status for four (4) years or more must meet the quadrennial requirements for mandatory continuing education for minimum standards and ethics as set forth in 23CSR2 et seq. within the first year of returning to active status.

5.5.e. Retired Status.

5.5.e.1. Licensees who apply for “retired” status shall satisfy the following requirements at the time of application:

5.5.e.1.A. Licensee shall be in active or inactive license status.

5.5.e.1.B. Licensee shall be at least sixty-five (65) years of age, or older, or have a documented physical disability or debilitating illness. Licensees applying for retirement shall be in good standing with the Board before the application will be given consideration.

5.5.e.1.C. Licensee shall certify in writing to the Board that they are no longer practicing as a professional surveyor and agree not to be in professional charge of survey related work in West Virginia.

5.5.e.2. The change in status will be in effect once the application is approved by the Board which will issue a certificate noting the honorific title of “Professional Surveyor, Retired.” Licensees that has been granted honorific retired status may use the title “Professional Surveyor, Retired” or “P.S., Retired” but only within the restrictions as set forth in the W. Va. Code and this rule.

5.5.e.3. Licensees in retired status will not be required to pay an annual renewal fee.

5.5.e.4. Licensees in retired status will not be required to meet the continuing education requirements set forth in 23CSR2 et seq.

5.5.e.5. Licensees in retired status who elect to return to the active practice of surveying shall provide a written explanation to the Board justifying their need to be reinstated to active status and satisfy one of the following requirements:

5.5.e.5.A. Licensees who have been in retired status for less than five (5) years shall acquire delinquent professional development hours (PDHs) for each year retired, up to a maximum of two (2) years’ requirements as set forth in 23CSR2, and shall pay the current license renewal fee.

5.5.e.5.B. Licensees who have been in retired status for five (5) years or more, except those licensees approved for early retirement due to physical disability or debilitating illness, shall be required to meet all the education, experience and examination requirements in effect at the time of application.

5.5.e.6. The change in status will be in effect when all fees are paid and all requirements are met by the licensee.

5.5.e.7. Licensees in retired status for four (4) years or more shall meet the quadrennial requirements for mandatory continuing education for minimum standards and ethics as set forth in 23CSR2 et seq. within the first year of returning to active status.

5.5.f. Voluntarily Surrendered Licenses.

5.5.f.1. Licensees who choose to voluntarily surrender their license may do so at any time and shall return their license to the Board and upon receipt by the Board shall be placed in expired status.

5.5.f.2. A person who has voluntarily surrendered their license will not be permitted to practice as a professional surveyor or be in professional charge in West Virginia.

5.5.g. Deceased Status. The Board shall place any license or endorsements in deceased status when it learns the licensee has passed away.

W. Va. Code R. § 23-1-6 Endorsements and Specialized Fields of Practice

6.1. Experience and Documentation Requirements.

6.1.a. The Board may require an application and examination fee to cover costs incurred for review, verification and examination of a licensee’s qualifications and experience to practice in a specialized field.

6.1.b. The Board may require an applicant or licensee to submit designated records and documentation of surveys to support a claim to experience in a specialized field of surveying and mapping.

6.1.c. The Board may also require an examination on procedures and knowledge on specialized fields of surveying and mapping.

6.2. Surface and Underground (SU) Endorsement.

6.2.a. For licensees seeking an endorsement to engage in underground surveying, the Board may require designated records and documentation of underground surveys to support an applicant’s claim of experience.

6.2.b. A licensee must receive the “SU” endorsement before affixing their signature and seal on any documents associated with underground surveying.

6.2.c. Underground surveys and maps shall comply with the requirements in W. Va. Code §22A-2-1 et seq.

Series 02 Mandatory Continuing Education For Land Surveyors

W. Va. Code R. § 23-2-1 General

1.1. Scope. -- This rule specifies continuing education requirements that are prerequisite to license renewal for land surveyors.

1.2. Authority. -- W. Va. Code §§30-1-7a and 30-13A-4.

1.3. Filing Date. -- May 7, 2004.

1.4. Effective Date. -- July 1, 2004.

W. Va. Code R. § 23-2-2 Definitions

2.1. Terms Defined -- As used in this rule, the following terms have the following meanings unless the context or subject matter clearly requires a different interpretation:

2.1.1. “Dual licensee” means a person who is licensed as both a land surveyor and another related professional. The term “licensee” includes dual licensees.

2.1.2. “Continuing professional competency” means competency to engage in the practice of land surveying demonstrated by the completion of continuing education activities that meet the requirements established in this rule.

2.1.3. “Professional development hour” or “PDH” means fifty minutes of instruction or presentation that meets the requirements established in this rule. PDH units are the common denominator for other units of credit.

2.1.4. “Continuing education unit” or “CEU” means the nationally recognized and uniform unit of measure of the International Association for Continuing Education and Training (IACET) awarded for ten contact hours of continuing education and training. For continuing professional competency activities that fully follow the requirements of the IACET, one CEU is equivalent to ten PDHs.

2.1.5. “College/Unit Semester/Quarter Hour” means credit for successful completion of college or university courses accredited by the Accreditation Board for Engineering and Technology (ABET) or successful completion of other college or university courses related to the practice of land surveying and approved by the Board.

2.1.6. “Course or Activity” means any qualifying course or activity with a clear purpose and objective which will maintain, improve, or expand the skills and knowledge relevant to the licensee's field of practice as determined by the Board. Qualifying courses or activities may include correspondence, televised, videotaped, Internet, and other short courses and tutorials; seminars, in-house courses and workshops; and professional or technical presentations made at meetings, conventions, or conferences.

W. Va. Code R. § 23-2-3 Continuing Professional Competency Requirements

3.1. Every licensee, as a prerequisite to license renewal, shall acquire eight PDH units for each renewal period year, except that through the end of the first year that mandatory continuing education is in effect, ending June 30, 2002, the requirement is four PDH units. If a licensee exceeds the annual requirement in any renewal period, a maximum of eight PDH units may be carried forward into the subsequent renewal period.

3.2. Every four years, as a part of the required 32 PDH Units, a licensee shall complete:

3.2.1. A minimum of two PDH units on minimum technical standards, in courses or activities sponsored or approved by the Board; and

3.2.2. A minimum of two PDH units on professional ethics for land surveyors at a seminar sponsored or approved by the board.

3.3. A licensee may earn PDH units as follows:

3.3.1. College/Unit Semester/Quarter Hour credit. One semester hour of acceptable university or college credit is equivalent to forty-five (45) PDH units. One quarter hour of acceptable university or college credit is equivalent to thirty (30) PDH units.

3.3.2. Successful completion of continuing education courses. Credit is based on actual instructional time. For continuing education courses that fully follow the requirements of the International Association for Continuing Education and Training (IACET), one CEU is equivalent to ten PDH units.

3.3.3. Successful completion of qualifying courses or activities. Credit for attendance is based on actual instructional or presentation time.

3.3.4. Teaching, instructing or presenting in qualifying courses, seminars and presentations. A teacher, instructor, or presenter may claim credit at twice the number of hours permitted for participants. Credit is available only the first time a course or seminar is taught or a presentation is made, unless the subject matter is revised and substantially updated. This credit does not apply to full-time faculty.

3.3.5. Authoring published papers, articles, or books related to the practice or history of land surveying. Credit is limited to the lesser of actual preparation time or ten PDH units for each paper, article or book.

3.3.6. Active participation as an officer or committee member in professional or technical societies after completion of each year of service. A maximum of two PDH units may be claimed in any reporting period for each organization on which the licensee serves.

3.3.7. Attendance at local chapter meetings of professional or technical societies. Credit is limited to one PDH unit for each meeting the licensee attended.

3.3.8. Patents. A licensee may claim credit for ten PDH units for inventions related to the engineering or land surveying professions after a patent is issued and the licensee submits details to the board.

3.4. The Board has final authority with respect to approval of courses, seminars and presentations; credits; PDH value for courses; and determination of whether a college or university course, continuing education course or other course or activity is reasonably related to the practice of land surveying.

3.5. A dual licensee may claim PDH units for college or university courses, continuing education courses or other courses or activities that also satisfy continuing education requirements for licensure in any other related professions, when the course or activity is reasonably related to the practice of land surveying as determined by the Board.

3.6. When a person whose license to practice land surveying is inactive, expired or under suspension seeks reinstatement of a license, the person seeking reinstatement shall acquire all delinquent professional development hours for up to two years as a prerequisite to reinstatement of the license. If the Board has imposed conditions for reinstatement including the earning of a number of professional development hours, the Board may require the applicant for reinstatement to earn additional PDH units and meet all other conditions for reinstatement prior to reinstating the license.

W. Va. Code R. § 23-2-4 Reporting and Record Keeping

4.1. A licensee shall complete, sign and submit on forms prescribed or accepted by the board, together with the application for renewal of a license and the required renewal fee, information certifying that he or she has acquired the required professional development hours. Maintaining records to be used to support credits claimed is the responsibility of the licensee. A licensee shall maintain records of compliance with the provisions of this rule for a period of four years and the Board may request copies of the records for audit verification purposes. Acceptable records may include, but are not limited to:

4.1.1. A log showing the type of activity claimed, the sponsoring organization, the activity’s location, the activity’s duration, the instructor's or speaker's name, and the PDH units earned;

4.1.2. Attendance verification records in the form of completion certificates or other documents supporting evidence of attendance; or

4.1.3. Records as maintained by the Professional Development Registry for Engineers and Surveyors (PDRES) or other similar repositories.

W. Va. Code R. § 23-2-5 Exemptions

5.1. The following licensees are not subject to the requirements of subsections 3.1 and 3.2 of this rule and may be exempt from mandatory continuing education:

5.1.1. New licensees by way of examination are exempt for their first renewal period;

5.1.2. A licensee serving on temporary active duty in the armed forces of the United States for a period of time exceeding one hundred twenty (120) consecutive days in a year is exempt from obtaining the professional development hours required during that year;

5.1.3. A licensee experiencing physical disability, illness, or other extenuating circumstances may submit supporting documentation to the board and request exemption for the renewal year in which the disability, illness, or extenuating circumstance occurs. Upon review of the circumstances and approval by the board, the licensee is exempt;

5.1.4. A licensee is exempt for any renewal year in which he or she is employed as a professional land surveyor and is assigned to duty outside of the United States for a period exceeding one hundred twenty (120) consecutive days during that year;

5.1.5. A licensee who lists his or her occupation as "Retired" on the Board approved renewal form and who further certifies that he or she is no longer receiving any remuneration from providing professional land surveying services is exempt from the professional development hours required. In the event a retired licensee elects to return to the active practice of land surveying, the licensee shall acquire professional development hours for each year exempted up to two years prior to returning to active practice; and

5.1.6. A nonresident licensee, who otherwise meets all renewal requirements and is licensed in any other state or jurisdiction approved and listed by the Board that has continuing professional competency requirements which the licensee has met, may certify compliance with the continuing professional competency requirements of the other jurisdiction in lieu of compliance with the provisions of subsection 3.1 of this rule.

W. Va. Code R. § 23-2-6 Review and Audit Processes

6.1. The staff of the Board shall scan all forms certifying acquisition of required professional development hours in order to detect obvious errors including errors in listing activities and PDH units, carryover errors, and omitted signatures. The Board may return forms containing obvious and significant errors to licensees for correction or explanation.

6.2. For each annual renewal period, the Board shall select on a random basis not less than five percent of renewal applications for audit. The Board shall request each selected licensee to furnish evidence of attendance at the listed activities, unless evidence satisfactory to the Board is already in the possession of the Board. Upon receipt of the requested records, the Board may request the licensee to furnish further evidence necessary to satisfy the Board that the licensee has complied with the continuing professional competency requirements of this rule.

23CSR2

23CSR2

Series 03 Disciplinary And Complaint Procedures For Land Surveyors

W. Va. Code R. § 23-3-1 General

1.1. Scope. -- This rule specifies a procedure for the investigation and resolution of complaints against land surveyors.

1.2. Authority. -- W. Va. Code §§30-13A-6 and 30-1-1 et seq.

1.3. Filing Date. -- July 12, 2011.

1.4. Effective Date. -- August 12, 2011.

W. Va. Code R. § 23-3-2 Application

This rule applies to all persons licensed or seeking licensure as a professional surveyor, and all persons endorsed or seeking endorsement to practice in a specialized field of surveying pursuant to W. Va. Code §30-13A-1 et seq.

W. Va. Code R. § 23-3-3 Definitions

The following words and phrases as used in this rule have the following meanings, unless the context otherwise requires:

3.1. “Applicant“ means a person who has submitted an application for a license, or a license renewal to the Board.

3.2. “Land Surveyor“ or “Surveyor“ means a person who engages in the practice of land surveying as defined in W. Va. Code §30-13A-3.

3.3. “Board“ means the West Virginia Board of Professional Surveyors.

3.4. “License“ means the license issued by the board to qualified persons engaged in the practice of land surveying pursuant to W. Va. Code §30-13A-1 et seq.

3.5. “Investigator“ means a member or staff member of the board, or a licensed land surveyor, attorney, paralegal, or present or former law enforcement officer hired or authorized by the Board, who is assigned the duty to make a preliminary evaluation of a complaint and to ascertain and report to the Board factual information related to a complaint against a land surveyor.

W. Va. Code R. § 23-3-4 Disposition of Complaints

4.1. Any person aggrieved by the acts of a professional surveyor may make initial inquiry to the board by letter or telephone. The board shall make and keep a record of the date and time of telephone calls making inquiry related to a complaint, together with a notation of the date a complaint form was mailed, but a complaint must be reduced to writing and received by the Board before it is considered as filed.

4.2. Any person, firm, corporation, member of the Board, or public officer may make a complaint to the Board which charges a professional surveyor with a violation of W. Va. Code §§30-1-8, 30-13A-1 et seq. or of the Rules of the Board. The Board may provide a form for that purpose, but a complaint may be filed in any written form so long as it contains substantially the same information. In addition to a written narrative describing the matter complained of, the complaint should contain the following:

4.2.a. The name, address and telephone number of the person making the complaint;

4.2.b. The name, address and telephone number of the professional surveyor against whom the complaint is lodged;

4.2.c. Information as to whether there was a contract or letter of agreement with the professional surveyor relevant to the matters charged in the complaint. If there was a contract or letter of agreement, a copy should be submitted as an attachment.

4.2.d. An attachment submitting any additional documents in the possession of the complainant relevant to the matters charged in the complaint.

4.3. A member of the Board may file a written complaint against a professional surveyor based on matters within the personal knowledge of the Board member, matters disclosed by records within the possession of the Board, matters of public record that constitute grounds for disciplinary action, or upon information received through investigative activities undertaken by the Board following a telephone report by an aggrieved person. A member of the Board who files a written complaint may not participate in final deliberations or vote on the final disposition of the case, unless it is clear and the Board determines from written and oral statements that the complaint is filed as a matter of form, that the member has not prejudged the case, that only unproven allegations are intended in the complaint, and that the member filing the complaint has reached no conclusion based on the mere assertion of the charge.

4.4. Complainants are immune from liability for the allegations contained in their complaints filed with the Board unless the complaint is filed in bad faith or for a malicious purpose, and investigators and witnesses in proceedings before the board are immune from liability for investigations made and testimony given in good faith.

4.5. The Board shall maintain a detailed log book that assigns to each complaint received and filed a Board identification number, records the date the complaint was received, and follows the matter to disposition.

4.6. The board shall keep an active case file status sheet showing the date of each action on a complaint together with explanatory comments.

4.7. The Board shall maintain a separate file on each complaint received and filed, and each file shall have a number assigned to it.

4.8. Upon receipt of a complaint, initial review and preliminary evaluation, the Board shall send a complaint acknowledgment to the complainant stating:

4.8.a. That the matter will be reviewed by the Board;

4.8.b. That the complaint is outside the jurisdiction of the Board, or fails to state sufficient grounds to support any disciplinary action by the Board; or

4.8.c. That more information will be required in order to adequately review the individual complaint. The Board may include in its complaint acknowledgment a request for additional relevant information from the complainant.

4.9. If it is summarily determined upon receipt that the complaint is outside the jurisdiction of the Board, or fails to state sufficient grounds to support any action by the Board, the Board shall retain a copy of the complaint together with the form of acknowledgment to the complainant and a notation in the complaint log that the complaint was summarily dismissed prior to filing, but the complaint will not be assigned a file number and the complaint will not be considered filed. Copies of complaints summarily dismissed prior to filing shall be made available to any member of the Board upon request or at the next regular meeting of the Board.

4.10. Unless it is summarily determined upon receipt that the complaint is outside the jurisdiction of the Board, or fails to state sufficient grounds to support any action by the Board, the Board shall send by certified mail a copy of the complaint including any supporting documentation, and a Notice of alleged violation, to the professional surveyor for his or her written comment, and he or she shall submit a written response to the Board within thirty (30) days of the date of the correspondence, or waive the right to do so. If the professional surveyor against whom the complaint is made fails to respond to a Notice of alleged violation, the Board shall notify the professional surveyor that it is initiating further proceedings that may result in the imposition of disciplinary action, in which case the professional surveyor against whom a complaint is made has the right to a hearing.

4.11. A complaint and Notice of alleged violation sent to licensed professional surveyors or applicants for a license are properly served when sent to their last known address. It is the responsibility of the licensed professional surveyor or applicant for a license to keep the Board informed of his or her current address.

4.12. After receipt and review of a complaint, unless the complaint is determined to fall within the provisions of subdivision 5.8.b of this rule, the Board shall cause to be conducted any reasonable inquiry or investigation it considers necessary to determine the truth and the validity of the allegations set forth in the complaint. The review of complaints and any view or investigation thereof may, at the discretion of the Board, be assigned to a committee of the Board.

4.13. At any point in its investigation of a complaint the Board may, at its discretion, assign or reassign the matter to an investigator to ascertain additional facts and report to the Board. The Board may further procure the services of a licensed professional surveyor to serve as an expert witness in proceedings before the Board. When the Board chooses a licensed professional surveyor to act as an investigator or as an expert witness, the board shall choose, if practicable, a surveyor whose principal business location is in a different area of the state from the area where the accused licensee is engaged in practice.

4.14. Upon receipt of a complaint the investigator shall, within sixty (60) days, review and investigate the complaint and provide the Board with a report. The report shall contain a statement of the allegations, a statement of facts, and an analysis of the complaint, the records reviewed and a statement of the investigators findings and recommendations. The investigator shall, upon request, be afforded an opportunity to interview any person having knowledge of the matter complained of. The investigator’s report and any statements of witnesses shall be placed in the complaint file.

4.15. At any time after a complaint is received and before the Board enters an order disposing of the complaint, the professional surveyor against whom the complaint is made may request an informal investigative conference before the Board. The Board or the committee may also request the professional surveyor against whom the complaint is made, and any other person, to attend an informal investigative conference, or to appear at a regular meeting of the Board, in order to facilitate the disposition of a complaint, dispose of procedural issues or prehearing motions, or simplify or settle issues to be raised at hearing by the consent of the parties. The Board or the committee shall give notice of the conference, which notice shall include a statement of issues to be informally discussed. When a member or staff of the board has served as the investigator making a preliminary evaluation of the complaint, that member or staff person shall attend the informal conference. At an informal conference, the statements made by either party at a conference, including any proposed disposition of the complaint, are not admissible at any subsequent hearing on the merits without the consent of all parties to the hearing. A professional surveyor against whom a complaint is made is not required to attend an informal conference when requested to do so by the Board and may not be penalized for refusing an informal conference. At an informal conference the complainant is not entitled to a say in any agreed disposition of the complaint.

4.16. The Board, its Chairman, the complaint committee or Secretary may issue subpoenas requiring witnesses to appear before the Board and subpoenas duces tecum to complete the Board’s investigation and to determine the truth or validity of complaints, or to compel the attendance of witnesses at hearing. The investigator may request the Board or its Chairman to issue a subpoena or subpoena duces tecum. A request for subpoena shall be accompanied by a brief statement specifying the necessity for its issuance. Subpoenas and subpoenas duces tecum may be signed by any member of the Board or its Secretary. Written requests by a party for the issuance of subpoenas or subpoenas duces tecum as provided in this subsection must be received by the Board no later than ten (10) days before a scheduled hearing. Any party requesting the issuance of subpoenas duces tecum shall see that they are properly served in accordance with W. Va. Code §29A-5-1(b).

4.17. At any point in the course of an investigation or inquiry into a complaint, the Board may determine that there is not and will not be sufficient evidence to warrant further proceedings, that the complaint fails to allege misconduct for which a professional surveyor may be sanctioned by the Board, or that the acts charged are not of a serious and substantial nature sufficient to justify the imposition of formal discipline, except that in the event the review and investigation of a complaint is assigned to the committee or an investigator, the committee or investigator shall make their respective findings and recommendations to the Board prior to the Board dismissing the complaint.

W. Va. Code R. § 23-3-5 Requests for Hearing Following Denial of a License

5.1. Any applicant who has had his or her application for a license denied by order of the Board may request a hearing on the denial within twenty (20) days of that action in accordance with the contested case hearing procedures set forth in W. Va. Code §29A-5-1 et seq. and the rules of the Board.

5.2. Contested cases involving a licensed professional surveyor whose renewal of a license was denied for reasons that constitute grounds for professional discipline are treated as disciplinary matters under section 6 of this rule for purposes of determining the burden of proof and other procedural questions.

W. Va. Code R. § 23-3-6 Hearing Procedure

6.1. Any applicant denied a license who submits a written demand for hearing to the Board within twenty (20) days following the denial is entitled to a hearing on the action denying the license. Any professional surveyor against whom a complaint is filed, may at any time following receipt of a Notice of alleged violation, but before a hearing before the board is scheduled, submit a written demand for a hearing.

6.2. When the Chairman of the Board or his or her authorized designee is presented with a demand for a hearing, he or she shall schedule a hearing not less than ten (10) nor more than thirty (30) days of receipt of the written demand, unless postponed to a later date by mutual agreement.

6.3. Following receipt of a professional surveyor’s response to a Notice of alleged violation, and determination by the Board that probable cause exists for the Board to find that the professional surveyor committed misconduct for which he or she may be disciplined by the Board, the Secretary shall provide the professional surveyor charged with an Order, issued in the name of the Board, scheduling the case for formal hearing before the Board. The Order shall be served by certified mail, return receipt requested, upon the charged party at least thirty (30) days prior to the date of hearing. The Order shall state with particularity, by reference to the W. Va. Code or Rule of the Board thereunder, the matters charged in the complaint. The Order shall state the date, time and place for the hearing. The Board may thereafter amend the charges set forth in the Order, except that a hearing based on amended charges is subject to the same thirty (30) day notice requirement.

6.4. The Order scheduling a case for formal hearing before the Board shall include a time frame order requiring all parties to a disciplinary action, within fifteen (15) days of the service of the Order but not later than three days prior to the scheduled date of the hearing, to exchange the following:

6.4.a. A list of proposed witnesses at hearing with addresses and telephone numbers;

6.4.b. Copies of documentary evidence and lists of exhibits intended to be introduced into evidence at hearing; and

6.4.c. Copies of any witness statements in the possession or under the control of the Board. . 6.4.d. The time frame for exchanging witness lists, statements of Board witnesses, copies of documentary evidence and lists of exhibits may be extended by agreement of the parties.

6.4.e. The Board has a continuing duty to disclose exculpatory evidence.

6.5. Upon written motion received by the Board no later than twenty (20) days prior to the date of hearing, a more definite statement of the matters charged or the reasons stated for denial of a license shall be provided to the demanding or charged party or his or her counsel, at least fifteen (15) days prior to the hearing date.

6.6. Hearings shall be conducted as follows:

6.6.a. Any party to a hearing shall have the right to be represented by an attorney-at-law, duly qualified to practice law in the state of West Virginia.

6.6.b. The Board shall be represented by the West Virginia Attorney General's Office or, with the consent of the Attorney General, an attorney member of the Board or attorney-at-law duly qualified to practice law in the state of West Virginia and hired by the Board. An attorney member of the Board who represents the Board at hearing may not participate in final deliberations of the Board or vote on the final disposition of the case.

6.6.c. Irrelevant, immaterial, or unduly repetitious evidence shall be excluded from the hearing. Furthermore, the rules of evidence as applied in civil cases in the circuit courts of this state shall be followed. However, when necessary to ascertain facts not reasonably susceptible of proof under those rules, evidence not admissible thereunder may be admitted, except where precluded by statute, if it is of a type commonly relied upon by reasonably prudent persons in the conduct of their affairs.

6.6.d. The rules of privilege recognized by the laws of West Virginia shall be followed.

6.6.e. Objections to evidentiary offers shall be noted in the record. Any party to the hearing may vouch the record as to any excluded testimony or other evidence.

6.6.f. Any party to a hearing may appear with witnesses to testify on his or her behalf; may be heard in person, by counsel or both; may present other evidence in support of his or her position as is considered appropriate by the Board and, when appropriate, may cross-examine witnesses called by the Board in support of the charges or in defense of its decision to deny a license.

6.6.g. The hearing shall be held at a time and place designated by the Board, but no hearing shall be conducted unless and until at least thirty (30) days written notice thereof has been served upon the charged or demanding party and/or his or her attorney in person; or if he or she cannot be found, by delivering the notice at his or her usual place of abode and giving information of its purport, to his wife or her husband, or to any other person found there who is a member of his or her family and above the age of sixteen (16) years; or if neither his wife or her husband nor any such person can be found there, and he or she cannot be found, by leaving the notice posted at the front door of the place of abode; or if he or she does not reside in this state, the notice may be served by the publication thereof once a week for three successive weeks in a newspaper published in this state; or the notice may by served by registered or certified mail.

6.6.h. The hearing shall be open to the general public.

6.6.i. Members of the Board and its officers, agents and employees are competent to testify at the hearing as to material and relevant matters, but no member of the Board who testifies at the hearing may participate in the deliberations or decisions of the Board with respect to the case in which he testified.

6.6.j. The hearing shall be conducted by a quorum of the Board or, in the discretion of the Board, an attorney licensed within this state hired by the Board to serve as hearing examiner, to make written findings of fact and conclusions of law, and to make nonbinding recommendations to the Board as to the appropriate disposition of the case.

6.6.k. A record of the hearing, including the complaint(s), if applicable, the notice of hearing, all pleadings, motions, rulings, stipulations, exhibits, documentary evidence, evidentiary depositions and the stenographic report of the hearing, shall be made and a transcript thereof maintained in the Board's files. Upon request, a copy of the transcript shall be furnished to either party at his or her expense.

6.6.l. Documentary evidence may be received in the form of copies or excerpts or by incorporation by reference.

6.6.m. At any hearing upon a complaint filed against a professional surveyor, or any hearing under subsection 5.2 of this Rule, the Board shall have the burden of proof and shall present its evidence and/or testimony in support of the charges first.

6.6.n. Where a hearing is held upon demand under the provisions of subsections 6.1 of this rule following a denial of a license on the grounds that an applicant is not qualified for a license, the demanding party shall have the burden of proof and shall therefore be required to present his or her evidence first. The Board may require the person demanding the hearing to give security for costs and if the demanding party does not substantially prevail, costs may be assessed against them and may be collected in a civil action or by other proper remedy.

6.6.o. Following the conclusion of the Board's presentation of evidence in accordance with subsection 6.6.m of this section the Respondent or charged party shall have the right to submit his or her evidence in defense.

6.6.p. Following the conclusion of the demanding party's presentation of evidence in accordance with subsection 6.6.n of this section, the Board shall have the right to offer its evidence in rebuttal.

6.6.q. The Board may call witnesses to testify in support of its decision to deny a license or in support of the charges instituted against a professional surveyor; may present other evidence to support its position; and, may cross-examine witnesses called by the demanding party or charged party in support of his or her position.

6.6.r. All parties shall have the right to offer opening and closing arguments, not to exceed ten (10) minutes for each presentation.

6.6.s. Hearings held by the Board as a result of a complaint filed against a professional surveyor may be continued or adjourned to a later date or different place by the Board or its designee by appropriate notice to all parties.

6.6.t. Motions for a continuance of a hearing may be granted upon a showing of good cause. Motions for continuance must be in writing and received in the office of the Board no later than seven (7) days before the hearing date. In determining whether good cause exists, consideration will be given to the ability of the party requesting the continuance to proceed effectively without a continuance. A motion for a continuance filed less than seven (7) days from the hearing date may be denied unless the reason for the motion could not have been ascertained earlier. Motions for continuance filed prior to the date of hearing shall be ruled on by the Chairman or Secretary of the Board. All other motions for continuance shall be ruled on by the Board member(s) or the member presiding over the hearing.

6.6.u. All motions related to a case set for hearing before the Board, except motions for continuance and those made during the hearing, shall be in writing and shall be received in the office of the Board at least ten (10) days before the hearing. Prehearing motions may be heard at a prehearing conference or at the hearing prior to the commencement of testimony. The Board member(s) presiding at the hearing shall hear the motions and the response from the non-moving party and shall rule on the motions accordingly.

W. Va. Code R. § 23-3-7 Transcription of Testimony and Evidence

7.1. All testimony, evidence, arguments and rulings on the admissibility of testimony and evidence shall be reported by stenographic notes and characters or by mechanical means.

7.2. All reported materials shall be transcribed. The Board shall have the responsibility to make arrangements for the transcription of the reported testimony and evidence.

7.3. Upon the motion of the Board or any party assigning error or omission in any part of any transcript, the Chairman, presiding member, or hearing examiner shall settle all differences arising as to whether the transcript truly discloses what occurred at the hearing and shall direct that the transcript be corrected and/or revised as appropriate so as to make it conform to the truth.

7.4. A transcript of the hearing shall be provided to all members of the Board for review at least ten (10) days before the vote is taken on its decision in any disciplinary matter.

W. Va. Code R. § 23-3-8 Submission of Proposed Findings of Fact and Conclusions of Law

8.1. Any party may submit proposed findings of fact and conclusions of law at a time and manner designated by the Board.

8.2. The Board may also initiate or consider stipulation or agreement proposals with regard to the informal disposition of cases and may enter into an agreed stipulation and order without conference.

W. Va. Code R. § 23-3-9 Depositions and Discovery

9.1. Evidentiary depositions may be taken on a voluntary basis and read or otherwise included into evidence as in civil actions in the circuit courts of this state. Neither the Board nor the professional surveyor who is the subject of a disciplinary action is entitled to subpoena witnesses for purposes of discovery depositions.

W. Va. Code R. § 23-3-10 Orders

10.1. Any final order entered by the Board imposing a disciplinary action shall be supported by a written statement of findings of fact and the reasons for the decision. Final orders following hearings shall be made pursuant to the provisions of W. Va. Code §§29A-5-3 and 30-1-8 et seq. Final orders shall be entered within forty-five (45) days following the submission of all documents and materials necessary for the proper disposition of the case, including transcripts, and shall contain findings of fact and conclusions of law.

10.2. The findings of fact and conclusions of law must be approved by a majority of the Board either by a poll or vote at a regular meeting, before a final order is entered. A copy of the final order approved by a majority of the Board shall be served upon the demanding or charged party and/or his or her attorney of record, if any, within ten (10) days after entry by the Board by personal service or by registered or certified mail.

W. Va. Code R. § 23-3-11 Appeal

11.1. An appeal from any final order entered in accordance with these rules shall comply with the provisions of W. Va. Code §§30-1-9 and 29A-6-1 et seq.

23CSR3

23CSR3

Series 04 Fees For Surveyors And Surveying Firms

W. Va. Code R. § 23-4-1 General Information and Purpose

1.1. Scope. -- This rule is promulgated by the Board of Professional Surveyors, hereinafter referred to as the Board or WVBPS, to establish fees payable to the Board for various services.

1.2. Authority. -- W. Va. Code §30-13A-6.

1.3. Filing Date. -- April 30, 2008.

1.4. Effective Date. -- May 1, 2008.

1.5. This rule applies to all applicants for licensure, all professional surveyors and all firms holding a certificate of authorization pursuant to §30-13A-1 et seq.

1.6. This legislative rule, together with legislative rules 23 CSR 1 “Examination and Licensing of Professional Surveyors in West Virginia” and 23 CSR 5 “Standards for the Practice of Surveying in West Virginia” repeals and replaces West Virginia 23 CSR 1 “Rules and Minimum Standards for Practice of Land Surveying in West Virginia” filed and effective June 6, 2005.

W. Va. Code R. § 23-4-2 Definitions

As used in this rule, the following terms have the following meanings unless the context or subject matter clearly requires a different interpretation:

2.1. “Application Fee” means a nonrefundable fee that is due at the time the initial application is submitted. Applications received without requisite fees are returned by the Board as incomplete.

2.2. “COA” means Certificate of Authorization.

2.3. “COA Late Fee” means a fee charged to a firm for renewal fees postmarked after the annual expiration date for each month or partial month that the COA renewal fee remains unpaid.

2.4. “Re-Notification Fee” means an administrative fee charged to a licensee for a subsequent demand or inquiry following a licensee’s failure to respond to, or comply with, a communication, request, inquiry, or order from the Board.

2.5. “FS Exam” means the NCEES Fundamentals of Surveying Examination.

2.6. “NCEES” means the National Council of Examiners for Engineering and Surveying.

2.7. “PS” means a licensed Professional Surveyor who has met all of the examination and licensing requirements as set forth in 30-13A-1 et seq. and is an acronym used after the surveyor’s name to indicate he or she is a licensed surveyor with the Board.

2.8. “PS Exam” means the NCEES Principles and Practice of Surveying Examination.

2.9. “PS License Renewal Late Fee” means a fee charged to the licensee for renewal fees postmarked after the annual expiration date for each month or partial month that the PS license renewal fee remains unpaid for up to thirty-six (36) months.

2.10. “Returned Check Fee” means an administrative fee for a payment made by a check that is returned due to insufficient funds, account closure or other failure to negotiate payment.

2.11. “WV Exam” means the state-specific West Virginia Professional Surveyors Examination developed by the Board.

W. Va. Code R. § 23-4-3 Payment of Fees

3.1. All fees are payable to the West Virginia Board of Professional Surveyors. Fees shall be paid by check or money order, or credit card, if available.

3.2. All fees paid to the board are nonrefundable.

W. Va. Code R. § 23-4-4 Fee Schedule

4.1. The Board of Professional Surveyors hereby establishes the following schedule of fees for services rendered by the Board.

4.2. Surveyor Intern (SI).

4.2.a. Application/Reapplication Fee $120.00

4.2.b. FS Examination/Reexamination Fees As charged by NCEES

4.3. Professional Surveyor (PS).

4.3.a. Application/Reapplication Fees:

4.3.a.1. PS Application $200.00

4.3.a.2. WV Application $200.00

4.3.a.3. Endorsement Application $200.00

4.3.a.4. Special Supervision Application $200.00

4.3.a.5. Comity Application $200.00

4.3.b. Examination/Reexamination Fees:

4.3.b.1. PS Exam As charged by NCEES

4.3.b.2. WV Exam $150.00

4.3.b.3. Endorsement Exam $200.00

4.3.c. Annual Renewal Fees:

4.3.c.1. PS License (Active or Inactive) $100.00

4.3.c.2. PS-Retired No Charge

4.3.c.3. PS License Late Fee 20% per month or portion thereof

4.3.c.4. Special Supervision $200.00

4.3.c.5. Special Supervision Late Fee 20% per month or portion thereof

4.3.d. PS Replacement Certificate Fee $ 20.00

4.4. Certificate of Authorization Fees for Firms or Branch Offices.

4.4.a. Application/Renewal Fees $100.00

4.4.b. COA Late Fee 20% per month or portion thereof

4.5. Administrative Fees and Other Costs.

4.5.a. Re-Notification Fee $500.00 per occurrence

4.5.b. Archival Research $ 25.00 per hour

4.5.c. Continuing Education Media $100.00

4.5.d. Copy Charges:

4.5.d.1. In-house Copies $0.50 per page

4.5.d.2. Large-scale Copies As charged by Vender

4.5.e. Legal Expenses As Charged by the AG’s Office

4.5.f. Licensure Verifications (requested by another Board) $ 25.00

4.5.g. PS Roster for marketing purposes $250.00

4.5.h. Reprocessing Fee (illegible or incomplete applications) $ 50.00

4.5.i. Returned Check Fee Maximum allowable by W. Va. Code

4.5.j. WVBPS Members and Staff Calculated Overhead Rate

W. Va. Code R. § 23-4-5 Assessment of Costs in Disciplinary Actions

5.1. Pursuant to W. Va. Code §30-1-8, the West Virginia Board of Professional Surveyors may assess, and require payment from, a licensee for reimbursement of the administrative expenses incurred by the Board in the course of disciplinary proceedings against the licensee. These expenses may include, but are not limited to, the costs of investigation, legal notices and other correspondence, legal fees, witness fees, court reporter fees and administrative time expended by the Board’s members, staff, consultants or contractors.

23CSR4

23CSR4

Series 05 Standards For The Practice Of Surveying In West Virginia

W. Va. Code R. § 23-5-1 General Information and Purpose

1.1. Scope. -- This rule is promulgated by the Board of Professional Surveyors, hereinafter referred to as the Board or WVBPS, to govern the practice of surveying in West Virginia (WV).

1.2. Authority. -- W. Va. Code §30-13A-6.

1.3. Filing Date. -- April 30, 2008.

1.4. Effective Date. -- May 1, 2008.

1.5. This Rule for the practice of surveying is promulgated for the purpose of establishing standards of practice and the administration and enforcement of W. Va. Code §§30-1-1 et seq. and 30-13A-1 et seq. and shall be binding upon persons or firms involved in the practice of surveying under §30-13A-1 et seq.

1.6. Repeal of Former Rules. -- This legislative rule, together with legislative rules 23 CSR 1 “Examination and Licensing of Professional Surveyors in West Virginia” and 23 CSR 4 “Fees for Surveyors and Surveying Firms” repeals and replaces West Virginia 23 CSR 1 “Rules and Minimum Standards for Practice of Land Surveying in West Virginia” filed and effective June 6, 2005.

W. Va. Code R. § 23-5-2 Definitions

As used in this rule, the following terms have the following meanings unless the context or subject matter clearly requires a different interpretation:

2.1. “Boundary survey” means a surface or subsurface survey, in whole or in part, in which the property or easement lines or the ownership or possession lines of a parcel of land, claim area, possession area or encroachment area have been established by field survey and may include retracing existing property or easement lines; the creation of a new easement or right-of-way; the partition, cut-out or subdivision of lots or parcels from an existing property, or the subdivision of an existing property into several lots, blocks or streets.

2.2. “Certified survey document” means a tangible or digital copy or duplicate of an original survey document with the signature of the licensee ascribed, the seal of the licensee affixed and the endorsement of the licensee, if applicable, and date of signing identified and may be presented to a clerk or public official for recording or filing.

2.3. “Employee” means a person who is hired on a full-time, part-time, or temporary basis and is on the payroll of an employer or firm with the legal obligation to withhold and pay taxes to government agencies based on the salary, wages or other compensation provided by the employer or firm and who does not meet the Internal Revenue Service’s definition of a contractor or subcontractor.

2.4. “Endorsement” means an endorsement or authorization to practice underground surveying or in a specialized field of surveying or mapping.

2.5. “Felony” means a felony related to the fitness of a surveyor to engage in the practice of surveying, including those crimes that have dishonesty as a fundamental and necessary element. Felonies that, upon conviction, constitute grounds for disciplinary action by the Board include, but are not limited to:

2.5.a. False swearing or perjury in a court proceeding related to the applicant’s practice of surveying;

2.5.b. Felonies involving theft, bribery, embezzlement, forgery, falsification or destruction of records, fraud, or misrepresentation; and

2.5.c. Any other felony offense demonstrating a lack of professional or business integrity or honesty.

2.6. “Incompetence” means the continual or habitual failure to meet minimum standards and generally accepted practices of surveying or practicing in fields of expertise when the surveyor is unqualified and lacks the necessary experience and education.

2.7. “Inspection” means a mortgage or loan inspection.

2.8. “Loan inspection” has the same meaning as mortgage inspection.

2.9. “Mortgage inspection” means a substandard survey of a lot or parcel of land in which property lines and corners have not been established and is performed for the sole purpose of obtaining mortgage title insurance. This includes the location of the improvements and utilities as they relate to the property and a cursory check for violations or encroachments onto the subject lot or parcel based on existing but unconfirmed evidence and does not constitute a boundary survey and is subject to any inaccuracies that a subsequent boundary survey may disclose.

2.10. “Original survey document” means a plat, description, report, map, plan, drawing or other survey related document prepared manually or digitally under the professional charge of a licensee as a final survey document or work product and retained by the licensee as a permanent record.

2.11. “Owner,” when used in the context of ownership requirements for firms seeking a certificate of authorization to engage in the practice of surveying, means a person who owns at least a majority interest of a firm or business entity.

2.12. “Ownership line” means a line or series of lines that define the limits of ownership supported by documents of public record.

2.13. “Possession line” means a line or series of lines that define the limits of an area claimed or used by a landowner and can only be established as a boundary by an order of the court.

2.14. “Professional negligence” means negligence demonstrating a wanton indifference to the interests of the public that caused, or that had a substantial likelihood of causing, serious harm to the public. A civil judgment for malpractice in the practice of land surveying is not conclusive proof that a surveyor is guilty of professional negligence sufficient to support the imposition of professional discipline.

2.15. “Record line” means the line between the position of the original monuments cited in the original operative conveyance that a surveyor is required to retrace or establish as the boundary or property lines of a parcel of land.

2.16. “Special Supervision” means a licensee has made application and has been approved by the Board to be in professional charge of an unlicensed individual who is seeking licensure with the Board and is not an employee of the licensee nor employed by the same firm as the licensee.

2.17. “Uniform width strip” means a parcel of land, easement or right-of-way that maintains the same width throughout its length and may be described by the perimeter or strip method.

2.18. “Unlicensed practice” means the unlawful practice of surveying, as set forth in §30-13A-32, by a person or firm who has not obtained a license, endorsement or authorization under the provisions of §30-13A-1 et seq. and is not exempt as set forth in §30-13A-36.

2.19. “Variable width strip” means a parcel of land, easement or right-of-way that has a width that varies or is an irregular shape throughout its length and may be described by the perimeter or strip method.

2.20. “Willful departure from accepted standards of professional conduct” means:

2.20.a. Default on obligations owed to the state in connection with the practice of surveying, including but not limited to obligations under the West Virginia workers' compensation act, the West Virginia unemployment compensation act, and West Virginia state tax and revenue laws;

2.20.b. Willful failure to substantially perform in accordance with the terms of a contract or subcontract, or failure to perform after accepting compensation for professional services;

2.20.c. Performance in violation of standards established by law or generally accepted standards for the practice of surveying amounting to intentionally deficient or grossly negligent performance on a contract;

2.20.d. Making intentionally false or misleading statements during an investigation, inquiry or hearing of the Board; or

2.20.e. Any other cause of a serious and compelling nature amounting to knowing and willful misconduct in the practice of surveying.

W. Va. Code R. § 23-5-3 Certificate of Authorization and Firm Requirements

3.1. Certificate of Authorization.

3.1.a. A firm or business entity may not engage in, offer to engage in, or hold itself out to the public as being engaged in, the practice of surveying as defined in W. Va. Code §30-13A-1 et seq. without first obtaining a certificate of authorization issued by the Board for each business location or branch office offering such services.

3.1.b. No firm may be issued a certificate without having as its owner or officer or in its employ a licensed professional surveyor, designated as the surveyor-in-charge, for each business location or branch office unless otherwise approved by the Board. An initial application fee and an annual renewal fee as established by the Board by rule is due on or before the thirty-first (31st) day of December of each year and shall accompany the application or renewal application forms provided by the Board.

3.1.c. Any firm is required to notify the Board within thirty (30) days of any change in ownership, name, address, surveyor in charge, surveyor authorized to certify documents, or other relevant information included on the application.

3.2. Professional Limited Liability Companies.

3.2.a. Professional surveyors who desire to render services as a professional limited liability company shall comply with the provisions of W. Va. Code §30-13A-1 et seq, W. Va. Code §31B-13-1 et seq. and the rules of the Board.

3.2.b. No person may be a member of a professional limited liability company that provides surveying services who is not licensed and legally authorized to render such services by this Board.

3.2.c. Copies of the professional surveyor’s current license to practice and the company’s valid certificate of authorization shall accompany the application with the Secretary of State.

W. Va. Code R. § 23-5-4 Seals and Document Certification

4.1. Seal of the Board. The seal of the Board shall be affixed to each certificate or license issued by the Board.

4.2. Seal of the Licensee.

4.2.a. The types of seals approved by the Board are the stamp seal, embossing seal and digital seal. The licensee shall have in his or her possession a stamp or embosser. The digital seal is optional.

4.2.b. All seals made on or after the effective date of this rule shall comply with the format and size standards and as a minimum the quality standards as set forth in subdivision 4.2.c. of this rule. A prior seal will be legitimate after the effective date of this rule if it complies with all seal requirements as set forth in W. Va. Code §30-13A-19(a) and generally meets the formatting standards that preceded the effective date of this rule.

4.2.c. The seal shall contain the following information (the example may not be to scale):

4.2.c.1. An outer circle using a “rope” line type that measures one and five-eighths (1 5/8”) inches outside to outside.

4.2.c.2. An inner concentric circle using the “knurled” line type that measures one (1”) inch outside to outside

4.2.c.3. The legal name of the licensee shall be uppercase and centered on the top between the two concentric circles. Any combination of the first, middle and last name; first name, middle initial and last name; or first initial, middle name and last name is acceptable.

4.2.c.4. The words “Professional Surveyor” shall be uppercase and centered on the bottom between the two concentric circles.

4.2.c.5. Two stars will be located on left and right side of the seal between the concentric circles. One star will precede the word “Professional” and the other will follow the word “Surveyor” with a space between the words and the stars.

4.2.c.6. The word “Licensed” shall be uppercase, centered and aligned along the inside top of the inner circle.

4.2.c.7. The words “West Virginia” shall be uppercase, centered and aligned along the inside bottom of the inner circle.

4.2.c.8. The words “State of” shall be uppercase and centered above “West Virginia.”

4.2.c.9. The license number shall be in the center of the inner circle and more prominent than the other words within the inner circle.

4.2.d. When an applicant is granted licensure, the Board shall provide the initial stamp seal. All other seals procured by the licensee shall meet the format and size standards and shall meet as a minimum the same quality as the Board provided seal.

4.2.e. It is the responsibility of each licensee to report to the Board the loss or theft of his or her seal or the illegal use of the seal as soon as practical after the loss, theft or illegal use is discovered.

4.3. Document Certification by Licensee.

4.3.a. The seal, signature and endorsement, if applicable, of the licensee and the date of signing shall be on all certified survey documents whenever presented to a client or public agency to certify that the work product was completed under the professional charge of the licensee.

4.3.a.1. An original handwritten signature of the licensee shall be affixed to a survey document before it is considered as certified.

4.3.a.2. The seal shall be affixed and the signature shall be ascribed in a manner that a copy of the certified survey document is readily identifiable.

4.3.a.3. Digital signatures, signature stamps or other such facsimiles are prohibited on all certified survey documents. Other survey related documents may have either a digital seal or digital signature, or facsimile thereof, but both cannot be on the same document.

4.3.b. Licensees shall not affix their seal or ascribe their signature to any survey document unless they are in active status with the Board; the survey work related to the document was performed under their professional charge, unless multiple disciplines or professions are involved as set forth in subdivision 4.3.d. of this rule; and they are competent to perform the survey related work by virtue of education or experience.

4.3.b.1. In the event a question arises as to the competence of a licensee to perform a surveying assignment in a specific technical field of surveying which cannot be otherwise resolved to the Board's satisfaction, the Board, either upon request of the surveyor or by its own volition, may require the surveyor to submit to an appropriate examination as determined by the Board.

4.3.c. Plats, descriptions, reports, maps, plans, drawings, or other survey documents will be deemed to have been prepared under the professional charge or direct supervision of a licensee only when all the following conditions have been met:

4.3.c.1. The client, agent or authorized representative requesting preparation of such survey documents makes the request directly to the licensee, or a member or employee of the licensee’s firm.

4.3.c.2. The licensee directly supervises the preparation of such survey documents and has an opportunity for input into their preparation prior to their completion;

4.3.c.3. The licensee reviews the final survey documents.

4.3.c.4. The licensee has the authority to and may make any necessary and appropriate changes to the work products or survey documents submitted to the client or displayed to the public.

4.3.c.5. The licensee in professional charge is responsible for meeting all of the preceding requirements whether the work is being performed remotely or locally. Remote supervision is exclusive to a member or employee of the licensee’s firm unless the licensee has applied for and received prior approval from the Board to provide special supervision as set forth in section 5 of this rule.

4.3.d. When a plat, map or drawing contains more than one sheet, the first or title page shall be sealed and signed by the licensee who is in professional charge. Two or more licensees may affix their signatures and seals provided it is designated by a note under the seal the specific subject matter for which each is responsible. In addition, each drawing shall be sealed and signed by the licensee or licensees responsible for each sheet. When a firm, partnership or corporation performs the work, each drawing shall be sealed by the licensee or licensees who was/were in professional charge of the work.

4.3.e. Digital seals may be used on final original plats and drawings provided a handwritten signature is placed adjacent to or across the seal and the date is written below the seal. Certified survey documents may be transmitted electronically but shall have the digital seal, if any, removed before transmitting and shall have the following inserted in lieu of the signature and date: “This document originally issued and sealed by (name of licensee, P.S.#--- on (date of sealing)). This document should not be considered a certified document.”

4.3.f. Any revision to a survey document containing the seal and signature of a licensee shall be described and dated. If the original licensee is unavailable, the current licensee in professional charge shall sign and seal the revisions.

4.3.g. In circumstances where a licensee in professional charge of the work is unavailable to complete the work, a successor licensee may take professional charge by performing all professional services. The burden is on the successor licensee to show such compliance. The successor licensee shall have control of and responsibility for the work product and the signed and sealed originals of all documents.

4.3.h. Copies or modifications of certified survey documents shall not be filed with any county clerk or accepted by any public official unless initialed and dated by the licensee in the presence of the clerk, public official or their respective representative.

4.3.i. Working drawings or unfinished documents are not required to have a seal and signature if the working drawing or preliminary document contains a statement to the effect “Preliminary, not for construction, recording purposes, or implementation.”

W. Va. Code R. § 23-5-5 Special Supervision by Licensees

5.1. A licensee may apply to the Board to request special supervision and shall satisfy the following requirements at the time of application:

5.1.a. Licensee shall be in active status with the Board.

5.1.b. Licensee shall fill out the application form and provide a written explanation to justify the request being made to the Board. The application form shall be signed and dated by the licensee and supervisee.

5.1.c. Licensee shall pay the special supervision application fee as set forth in 23 CSR 4 et seq.

5.2. Special supervision may not be provided by the licensee until the application has been approved and written authorization has been issued by the Board.

5.3. Special supervision applications, whether original or renewal, expire on the thirtieth (30th) day of June following the date of issuance or renewal. The renewal fees shall be paid to the Board as set forth in 23 CSR 4 et seq.

5.4. Special supervision will become invalid if the licensee does not maintain active status with the Board or is the subject of a disciplinary action and order of the Board. Special supervision may be reinstated when the offending matters are rectified.

5.5. A supervision allowance shall be provided to licensees who are instructors associated with an educational institution and workshop providers while supervising students or attendees during surveying related course and seminar activities.

W. Va. Code R. § 23-5-6 Standards of Professional Conduct

6.1. Licensee’s Obligation to the Public.

6.1.a. Licensees, in the performance of their services for clients, employers, and customers, shall be cognizant that their first and foremost responsibility is to the public health, safety and welfare.

6.1.b. Licensees shall approve and seal only those documents that conform to accepted surveying standards.

6.1.c. Licensees shall notify their employer or client and such other authority as may be appropriate when their professional judgment is compromised under circumstances where the life, health, property, or welfare of the public is endangered.

6.1.d. Licensees shall be objective and truthful in professional reports, statements, or testimony.

6.1.e. Licensees shall express a professional opinion publicly only when it is founded upon an adequate knowledge of the facts and a competent evaluation of the subject matter.

6.1.f. Licensees shall issue no statements, criticisms, or arguments on technical matters which are inspired or paid for by interested parties, unless they explicitly identify the interested parties on whose behalf they are speaking and reveal any interest they have in the matters.

6.1.g. Licensees may not knowingly permit the use of their name or firm name by, nor associate in the business ventures with, any person or firm, which is engaging in fraudulent or dishonest business or professional practices.

6.1.h. Licensees may not intentionally make statements to the public that result in, or have the potential of resulting in, insult or injury.

6.1.i. Licensees having knowledge of possible violations of any of these standards of professional conduct shall provide the Board with the information and assistance necessary to make the final determination of such violation.

6.2. Licensee’s Obligation to Profession, Clients and Employer.

6.2.a. Licensees shall undertake to perform assignments only when qualified by education or experience in the specific technical fields of surveying involved.

6.2.b. Licensees may accept assignments for coordination of an entire project, provided that each segment is signed and sealed by the licensee responsible for preparation of that segment. A surveyor may accept an assignment requiring education or experience outside of his or her own field of competence, but only to the extent that his or her services are restricted to those phases of the project in which he or she is qualified. All other phases of the project shall be performed by qualified associates, consultants or employees.

6.2.c. Licensees should not reveal or disseminate facts, data, or information obtained in a professional capacity to the public, including other professionals, without the prior consent of the client or employer if it has the potential to damage or harm the client or other parties except as authorized or required by law, rule or written contract.

6.2.c.1. The licensee should use discretion when disseminating any information in their professional capacity even when authorized to do so.

6.2.c.2. The licensee should retain all rights of ownership to the work product and the production of survey related documents, including the original survey documents and records.

6.2.c.3. The client may retain the right to preclude dissemination of the work product or survey documents if set out in writing.

6.2.d. Licensees shall provide to the client, or designated representative, certified survey documents along with copies, if requested, according to the surveyor-client agreement and the standards of practice as set forth by law or rule.

6.2.e. Licensees shall make full prior disclosures to their employers or clients of potential conflicts of interest or other circumstances which could influence or appear to influence their judgment or the quality of their service.

6.2.f. Licensees shall not accept compensation, financial or otherwise, from more than one party for services while working on the same project, unless the circumstances are fully disclosed and agreed to by all interested parties.

6.2.g. Licensees shall not solicit gratuities, directly or indirectly, from contractors, their agents, or other parties in connection with work for employers or clients.

6.2.h. Licensees shall not solicit or accept a professional contract from a governmental body on which a principal or officer of their organization serves as a member without proper disclosure and written waiver thereof. Conversely, licensees serving as members, advisors, or employees of a government body or department, who are the principals or employees of a private concern, shall not participate in decisions with respect to professional services offered or provided by said concern to the governmental body which they serve.

6.3. Licensee’s Obligation to Other Licensees.

6.3.a. Licensees shall not falsify or permit misrepresentation of their, or their associates’, academic or professional qualifications. They shall not misrepresent or exaggerate their degree of responsibility in prior assignments nor the complexity of said assignments. Presentations incident to the solicitation of employment or business shall not misrepresent pertinent facts concerning employers, employees, associates, joint ventures, or past accomplishments.

6.3.b. Licensees shall not offer, give, solicit, or receive, either directly or indirectly, any commission, or gift, or other valuable consideration in order to secure work, and shall not make any political contribution with the intent to influence the award of a contract by public authority.

6.3.c. Licensees shall not attempt to injure, maliciously or falsely, directly or indirectly, the professional reputation, prospects, practice, or employment of other licensees, nor indiscriminately criticize other licensees’ work or deter third persons from associating or dealing with the licensee.

W. Va. Code R. § 23-5-7 Minimum Standards for Surveys

7.1. The purpose of these standards is to establish minimum technical criteria to govern the practice of surveying 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 health, safety and welfare.

7.2. General Standards applicable to all surveys and inspections.

7.2.a. The licensee in professional charge, or a designated representative, shall discuss with the client the purpose of the survey, scope of services to be provided, time frames, fees and all pertinent details of the contract prior to performing the work.

7.2.b. A licensee, endorsee, an exempt person under §30-13A-1 et seq. or persons under the direct supervision or special supervision of a licensee, endorsee or exempt person shall physically go to the site and perform a field survey.

7.2.c. The surveyor shall use methods and equipment suitable for the purpose of the survey.

7.2.d. The field notes shall be retained as a permanent record and may be handwritten or by electronic data collection or a combination thereof. When electronic data collection is used in conjunction with handwritten notes, the electronic files and the written notes constitute the entirety of the field notes.

7.2.e. The observations shall be measured to a precision that will produce the desired level of accuracy:

7.2.e.1. Angles or directions shall be reported in degrees, or parts thereof, except for the arc element of a curve which should be reported as a general direction, such as westerly or southwesterly.

7.2.e.2. Distances shall be reported on a horizontal plane in feet, based on the United States standard, or meters, or parts thereof, unless required otherwise by law, rule or regulation.

7.2.e.3. Areas shall be reported on a horizontal plane in acres, based on the United States standard, or hectares, or parts thereof, unless required otherwise by law, rule or regulation.

7.2.e.4. All curved segments or lines shall be reported with the following minimum curve elements: arc length and general direction; and the long chord direction and distance.

7.2.f. Centerline and baseline alignments shall use the standard method of stationing to reference significant points along the alignment.

7.2.f.1. Points offset from an alignment shall be referenced by the station and offset distance left or right of the alignment.

7.2.f.2. Offset distances shall be normal to the alignment, right angle to straight segments or radial to curved segments.

7.2.g. All measuring devices shall be checked periodically for accuracy and condition.

7.3. Minimum Standards for Boundary Surveys.

7.3.a. In addition to the general standards in subsection 7.2. of this rule, the discussion prior to the survey shall also cover disputes with adjoiners, claim or possession areas, encroachments and other relevant information that will affect the final location of the boundary.

7.3.b. The record search shall be retained as a permanent record and 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.

7.3.c. A reasonable attempt shall be made to notify the adjoiners during the course of the survey and gather information from those individuals having knowledge of the boundaries. The surveyor may use his or her professional discretion when deciding which individuals have vital knowledge that will aid in determining boundary locations.

7.3.d. The field survey shall consist of the following:

7.3.d.1. A field search for controlling evidence.

7.3.d.2. The location of evidence by appropriate methods and procedures.

7.3.d.3. A reasonable attempt to discuss the evidence with the owner or client, if deemed necessary by the surveyor.

7.3.e. Monumentation is required for all new or reestablished corners, or reference monuments for inaccessible corners, and is encouraged but not required at intervisible points between corners.

7.3.e.1. Natural objects chosen for monuments shall be durable, unique and easily identifiable.

7.3.e.2. Set monuments shall be durable, reasonably stable and firmly placed, able to maintain its position when subjected to extreme temperature changes and other severe weather conditions, able to be located with current or future technology and have the following dimensions:

7.3.e.2.A. Iron or steel pipes shall have a minimum inside diameter of one (1”) inch and a minimum length of thirty (30”) inches, when feasible;

7.3.e.2.B. Reinforcing rods (rebars) shall have a minimum outside diameter of five-eighths (5/8”) inch and a minimum length of thirty (30”) inches, when feasible;

7.3.e.2.C. Other artificial markers shall have a minimum cross-sectional area of one-half (1/2) square inch and shall be made of durable material, identifiable and unique and be of sufficient length to maintain its position as set forth in paragraph 7.3.e.2.

7.3.e.3. All monuments, except for natural objects, shall have caps or some other means to identify the surveyor in professional change or surveying firm responsible for setting the monument.

7.3.f. The area of the tract being surveyed shall be measured and reported to a precision consistent with the needs of the client and accepted standards of practice.

7.3.g. A plat shall be prepared for all boundary or partition surveys and subdivisions and be to a scale large enough to show significant details. The plat shall show the results of the field survey and be provided to the client. The client may prohibit a plat in the contract unless a plat is required by law, rule or regulation. The following information shall be shown on the plats, when applicable:

7.3.g.1. A north arrow and the meridian used as the basis of directions (bearings);

7.3.g.2. The outlined area of the property and all significant parts, including streets, alleys and nonlotted areas of a subdivision;

7.3.g.3. The name and location of any significant creeks, rivers or roads within the scope of the survey;

7.3.g.4. The measured length and direction of each straight boundary line by distance, bearing and quadrant or the arc length and general direction of each curved boundary, along with the long chord direction and distance and at least two (2) other curve elements: Provided, that in the case of a strip survey the station and offset method may be utilized to describe the strip. When the station and offset method is used, the alignment geometry and the control point monumentation shall also be shown on the plat.

7.3.g.5. Reference or tie lines by direction and distance to significant monuments and objects;

7.3.g.6. The description of all corners or reference monuments, including whether the monuments were found or set;

7.3.g.7. The evidence of any possession and claim areas and potential encroachments, including any overlaps or gaps, compared to the location of the record boundary line;

7.3.g.8. The tax map and parcel number, if available, of all the tracts or parcels shown on the plat;

7.3.g.9. The names of the current or past owners of the subject property, or both, and the adjoining landowners;

7.3.g.10. The current conveyance references for the subject property and the adjoining landowners;

7.3.g.11. The area, acreage or square footage, of the property;

7.3.g.12. The title of the plat for reference when recording;

7.3.g.13. General location information including the municipality, district, county, state, watershed and other information that will aid in locating the subject property. Subdivisions will include the name, lot, block and plat reference;

7.3.g.14. A written or graphical scale, or both;

7.3.g.15. The date of the survey;

7.3.g.16. The name, address, license number, signature and seal of the surveyor in professional charge.

7.3.h. A description of survey shall be prepared for all boundary surveys and be provided to the client. Descriptions shall be written using either the perimeter method or the strip method and a reference to a simultaneously or previously recorded plat or report attaching them to and making them a part of the description. The following shall be included in a description of survey, when applicable:

7.3.h.1. Descriptions referenced to a centerline or baseline alignment shall include:

7.3.h.1.A. The basis of the centerline or baseline geometry.

7.3.h.1.B. The alignment geometry and control point monumentation shall be described in a manner that another licensee will be able to retrace the alignment at a later date.

7.3.h.1.C. The beginning and ending point of the alignment shall be tied to at least one (1) property corner in the vicinity of each intersection of the alignment and the boundary line. An alignment that passes through multiple tracts shall be required to tie to at least one (1) property corner in the vicinity of each intersection of the alignment and the boundary line.

7.3.h.1.D. The federal, state or local project numbers or references, if applicable.

7.3.h.1.E. Multiple alignments may be used in a description provided the required geometric information is included or referenced for all alignments.

7.3.h.2. Perimeter Description Method

7.3.h.2.A. A perimeter description shall be described using metes and bounds and may be used for tracts of land or easements having any shape or strip length.

7.3.h.2.B. The preamble of a perimeter description shall include the general location information, which may include the watershed, topographic location or similar information that provides a general location of the tract or easement being described; the lot and block numbers of existing subdivision; district or municipality; county and state where the property is located; and the statement, “more particularly described as follows:”

7.3.h.2.C. The body of a perimeter description shall include the point of beginning; the length and direction of each straight and curved line, including the required curve elements; the description of monumentation at each corner and relevant objects encountered along the line; the call for the adjoining landowners; the area by survey; the term “as surveyed by” followed by the name of the licensee or firm and survey dates. Strip perimeter descriptions shall include the alignment station reference and offset distance for any change in direction, significant point or event along the perimeter.

7.3.h.3. Strip Description Method.

7.3.h.3.A. A strip description may be used for strips with a uniform or variable width when a centerline or baseline alignment is being used as the control.

7.3.h.3.B. The preamble of a strip description shall include the same requirements as a perimeter method preamble as set forth in subparagraph 7.3.h.2.B. of this subdivision, if applicable.

7.3.h.3.C. The body of a uniform strip description shall include the same requirements as the perimeter method as set forth in subparagraph 7.3.h.2.C. of this subdivision, if applicable, except the calls shall describe the centerline or baseline alignment rather than the perimeter and shall include: the overall width of the strip; the offset distances left and right of the alignment; and the length and direction of each straight and curved segment.

7.3.h.3.D. The body of a variable strip description shall include the same requirements as the perimeter method as set forth in subparagraph 7.3.h.2.C. of this subdivision, if applicable, and the calls shall describe the centerline or baseline alignment as set forth in subparagraph 7.3.h.3.C. of this subdivision, except any change in direction, significant point or event along either side of the strip shall be referenced by a station and offset distance along the alignment.

7.3.h.4. The perimeter or strip method being clause shall include whether it is the same as or part of an existing tract or the lot and block numbers for newly platted partitions or subdivisions; the reference to the document by which the current owner claims title, including the grantor and grantee or devisor and devisee, date and recording reference.

7.3.h.5. The being clause shall be followed by the name, license number, signature, date of signature and seal of the licensee in professional charge. The name of a Surveyor Intern preparing the description should be shown, if applicable. In cases where the description is shown on the plat a single certification will cover both the description and the plat.

7.3.i. The report of survey shall be used when the plat and the description of survey do not adequately address all matters considered by the surveyor in performing the survey and shall be attached to and made a part of the plat and description of survey and provided to the client. The report of survey shall include:

7.3.i.1. A summary of the research and the weight given to the significant documents;

7.3.i.2. The names of persons contacted and the information they supplied.

7.3.i.3. All unusual circumstances surrounding the survey, with weight being given to conflicting evidence and encroachments, overlaps or gaps and how they were resolved.

7.3.i.4. The name of the individual preparing the report and the name, address, license number, signature and seal of the surveyor in professional charge.

7.4. Minimum Standards for Mortgage or Loan Inspections.

7.4.a. Mortgage inspections or loan inspections are subject to the general standards applicable to all surveys as set forth in subsection 7.2. of this rule, unless specified otherwise, but do not meet the definition or standards of a boundary survey and are exempt from the minimum standards for boundary survey as set forth in subsection 7.3. of this rule.

7.4.b. The licensee in professional charge, or designated representative, shall obtain recorded documentation that is sufficient to demonstrate a general knowledge of the subject property.

7.4.c. The field crew shall be provided with current information necessary to determine the property dimensions in the field and shall perform a search for existing property evidence and shall locate the property evidence, improvements, utilities and encroachments that fall within the definition of an inspection as set forth in section 2 of this rule as set forth by the Board.

7.4.d. A plat of the inspection shall be prepared and used in support of the certificate of mortgage inspection. The following items shall be shown and identified on the inspection plat:

7.4.d.1. A north arrow showing the meridian to be based on record or deed north;

7.4.d.2. A graphic scale shall be shown;

7.4.d.3. The evidence of property corners and lines found during the field survey and the property lines and the dimensions (directions and distances) shall be based on the description or plat on record and shall use the units of measurement specified therein;

7.4.d.4. Major improvements such as, but not limited to: residences, garages, outbuildings, barns, driveways, pools, porches and patios;

7.4.d.5. Location dimensions of the major improvements as they relate to the approximate location of the property lines shall be shown using: direction and distance to purported property corners; or by offset perpendicular to straight property lines; or by offset radial to curved property lines;

7.4.d.6. Apparent encroachments shall be noted, described and clearly shown;

7.4.d.7. Means of access shall be shown clearly and graphically, including shared access and shared driveways;

7.4.d.8. Platted and apparent easements shall be clearly identified, including the source of record information;

7.4.d.9. Platted setback lines shall be shown graphically;

7.4.d.10. Adjacent owner and record source shall be noted;

7.4.d.11. Physical address of the subject property, if available;

7.4.d.12. The statement "this is a mortgage inspection only, not a boundary survey" shall be clearly shown on the plat;

7.4.d.13. The name of the individual preparing the plat and the name, address, license number, signature and seal of the licensee in professional charge.

7.4.e. Flood plain certification, if required, is restricted to a review of the Flood Insurance Rate Map (FIRM) and shall not be construed as a confirmation or denial of flooding potential.

7.4.f. The surveyor must supply written notice to the landowner or other person commissioning his/her services that an inspection was performed and not a boundary survey.

7.4.g. Written legal descriptions shall not be prepared based on a mortgage inspection.

7.5. ALTA/ACSM Land Title Surveys, which are based on standards set by the American Land Title Association (ALTA) and the American Congress of Surveying and Mapping (ACSM), shall at a minimum comply with the minimum standards for a boundary survey as set forth in subsection 7.3. of this rule.

W. Va. Code R. § 23-5-8 Unethical Practices

In addition to the reasons for suspension or revocation of a license set forth in W. Va. Code §§30-1-1 et seq. or 30-13A-1 et seq., any licensee who has committed any of the following unethical practices may be subject to disciplinary action by the Board:

8.1. Failing or refusing to comply with any provision of W. Va. Code §30-13A-1 et seq. or any rule promulgated by the Board or any request, order or final decision of the Board. For the purposes of this subsection:

8.1.a. If any licensee orders, counsels, encourages, incites, supports, helps, or assists another person to fail or refuse to comply with any statutory provision, rule, request, order or final decision; or,

8.1.b. After the failure or refusal, if a licensee helps or assists the other person to avoid detection of the failure or refusal, then the licensee is considered to have also failed or refused to comply;

8.2. Failing to respond within thirty (30) days to written communications from the Board and to make available any records relevant to an inquiry or complaint about the licensee's professional conduct. The thirty (30) day period begins on the date when the communication was sent by the Board by certified mail with return receipt requested to the last known address of the surveyor;

8.3. Accepting, paying, or offering to pay, either directly or indirectly, any gift, bribe, or other consideration to make an improper survey;

8.4. Associating with any survey project known by the licensee to be fraudulent or dishonest in character;

8.5. Reviewing the work of another surveyor for the same client, except with the knowledge of the surveyor, or unless the contractual relationship of the surveyor and the client has been terminated;

8.6. Using advertising that is false, fraudulent, deceptive, misleading or unlawful; or

8.7. Accepting and undertaking to perform survey services which the surveyor is not competent to perform without obtaining qualified associates, consultants or employees, or failing to directly supervise the work of subordinates in performing these services.

W. Va. Code R. § 23-5-9 Disciplinary Actions by the Board

9.1. The Board may at any time upon its own motion and shall upon the verified written complaint of any person conduct an investigation to determine whether there are any grounds for a disciplinary action relevant to a license issued under the provisions of W. Va. Code §§ 30-1-1 et seq. or 30-13A-1 et seq. and the rules issued by the Board.

9.2. The Board may place on probation, suspend or revoke any license; may issue a letter of caution or reprimand, cease and desist order, settlement agreement, consent agreement and order, probable cause order, final or administrative order resulting from a formal hearing or other similar agreements and orders; may impose a fine not to exceed one thousand dollars ($1,000.00) per infraction; may require additional education or training; or may impose any combination of these disciplinary actions, when it finds a licensee has:

9.2.a. Been convicted of a felony or a crime involving moral turpitude;

9.2.b. Obtained a license by means of fraud or deceit;

9.2.c. Been incompetent or guilty of fraud, deceit, professional negligence, willful departure from accepted standards of professional conduct or other misconduct in the practice of surveying; or

9.2.d. Failed or refused to comply with the provisions of W. Va. Code §30-13A-1 et seq. or any reasonable rule promulgated by the Board or any order or final decision of the Board.

9.3. Upon a final decision of the Board finding grounds for any disciplinary action, the Board may assess costs against the licensee for reimbursement of the costs of investigation, hearings and other administrative expenses relative to the complaint.

9.4. The Board shall also suspend or revoke any license if it finds the existence of any ground which would justify the denial of an application for the license if application were then being made for it.

9.4.a. Any suspension of a license continues for the period specified in the order of suspension.

9.4.b. Revocation of a license shall not preclude application to reinstate his or her license and meeting all the licensing requirements in effect at the time of application. The Board shall process the application in the same manner, approve or deny the application and issue or refuse the license on the same grounds as any other application for a license is processed, considered and determined, except that any previous suspension and the revocation may be given weight in deciding whether to approve or deny the application and issue or refuse to issue the license as is meet and proper under all the circumstances.

9.5. Whenever the Board denies an application for any original or renewal license or suspends or revokes any license, it shall make and enter an order to that effect and serve a copy on the applicant or licensee, as the case may be, by certified mail, return receipt requested.

9.5.a. The order shall state the grounds for the action taken and shall require that any license suspended or revoked by the order shall be returned to the Board by the licensee within twenty (20) days after receipt of the order.

9.5.b. Any person adversely affected by any order is entitled to a hearing (as to all issues not excluded from the definition of a "contested case" as set forth in W. Va. Code §29A-1-1 et seq.) if, within twenty (20) days after receipt of a copy, the applicant files with the Board a written demand for a hearing.

9.5.c. The Board may require the person demanding the hearing to give reasonable security for costs and if the person does not substantially prevail at the hearing costs shall be assessed against the person and may be collected by an action at law or other proper remedy.

W. Va. Code R. § 23-5-10 Judicial Review

10.1. Any person adversely affected by a decision of the Board rendered after a hearing held in accordance with this rule and the Board’s Rule, Disciplinary and Complaint Procedures for Professional Surveyors, 23 CSR 3, is entitled to judicial review of the decision. All of the pertinent provisions of W. Va. Code §29A-5-4 apply to and govern judicial review.

10.2. The judgment of the circuit court is final unless reversed, vacated or modified on appeal to the supreme court of appeals in accordance with the provisions of W. Va. Code §29A-6-1.

10.3. Legal counsel and services for the Board in all appeal proceedings in any circuit court and the supreme court of appeals shall be provided by the attorney general or his or her assistants and in any circuit court by the prosecuting attorney of the county as well, all without additional compensation.

23CSR5

23CSR5