Tenn. Comp. R. & Regs. 0820 — Land Surveyor Examiners

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Chapter 0820-01 Rules of Tennessee State Board of Examiners for Land Surveyors

Tenn. Comp. R. & Regs. 0820-01-.01 MEETINGS

Meetings shall be held at such locations and times as designated by the Board of Examiners for Land Surveyors (hereinafter the Board). Special meetings may be held at the call of any two (2) members of the Board; provided that adequate public notice is given.

History

  • Authority: T.C.A. § 62-18-105(d).
  • Administrative History: Original rule filed June 6, 1974; effective July 6, 1974. Repeal and new rule filed November 18, 1985; effective February 12, 1986. Amendment filed November 20, 1991; effective January 4, 1992.
Tenn. Comp. R. & Regs. 0820-01-.02 APPLICATIONS

(1) An application for registration shall be accompanied by two (2) survey plats, each with a written survey legal description, and prepared by the applicant under the individual supervision of a registered land surveyor. Such plats must be recent enough to comply with all current applicable requirements of Chapter 0820-03 Standards of Practice and must bear the seal and signature of the supervising registered land surveyor.

(2) If two (2) or more Board members recommend examination of an applicant for the Practice of Land Surveying (PS) or of Fundamentals of Land Surveying (FS) exam, such applicant is approved for the necessary examination, so long as part 3 doesn’t apply.

(3) An applicant may be requested to appear before the Board if two (2) or more Board members declare that such applicant does not appear to meet educational and/or experience requirements.

(4) An applicant may appear at a regular meeting of the Board to discuss his or her qualifications, provided that he or she makes timely written request to the Administrator of the Board.

(5) Where the Board has delegated authority to outside vendors to administer an examination, the applicant shall be responsible for supplying the vendor with the materials the vendor requires for examination.

History

  • Authority: T.C.A. §§ 62-18-105(d) and 62-18-106(c).
  • Administrative History: Original rule filed June 6, 1974; effective July 6, 1974. Repeal and new rule filed November 18, 1985; effective February 12, 1986. Amendment filed November 20, 1991; effective January 4, 1992. Amendments filed January 13, 2017; effective April 13, 2017. Amendments filed July 27, 2017; effective October 25, 2017.
Tenn. Comp. R. & Regs. 0820-01-.03 EXAMINATIONS

(1) Examinations shall be conducted at such times and locations as determined by the Board, or by entities that the Board has delegated authority to conduct examinations for eligible applicants.

(2) The minimum passing grade on the State Exam shall be seventy percent (70%) on each of the two (2) subparts thereof.

(3) The minimum passing grade on the examinations administered by the National Counsel of Examiners for Engineering and Surveying (NCEES) shall be as established by NCEES.

(a) Applicant must comply with NCEES policies when taking the examinations administered by NCEES.

(4) Any applicant who fails to appear for a scheduled Tennessee State Specific examination will be deemed to have failed such examination, unless the applicant:

(a) Notifies the Board in writing at least thirty (30) days in advance that the applicant wishes not to take the examination; or (b) Shows good cause (such as illness or emergency) satisfactory to the Board for such failure to appear.

(5) Any applicant whose failure to appear for a scheduled examination is excused under paragraph (4) of this rule may take the next scheduled examination without paying an additional examination fee.

History

  • Authority: T.C.A. §§ 62-18-105 and 62-18-111.
  • Administrative History: Original rule filed June 6, 1974; effective July 6, 1974. Repeal and new rule filed November 18, 1985; effective February 12, 1986. Amendments filed January 13, 2017; effective April 13, 2017. Amendments filed July 27, 2017; effective October 25, 2017.
Tenn. Comp. R. & Regs. 0820-01-.04 SYLLABI OF THE EXAMINATIONS

(1) The Tennessee State Specific examination is designed to test the applicant's knowledge of land surveying and to ascertain if his or her judgment, experience, and technical knowledge are sufficient to safeguard life, health, and property. The examination will include but not be limited to the following subjects:

(a) Mathematics applied to land surveying: The applicant should be able to apply the principles of algebra, plane geometry, and trigonometry to land surveying problems of regular, irregular, and curvilinear boundaries.

(b) Fundamentals of surveying: The applicant should have a thorough knowledge of the legal aspects of land surveying and land surveying terms; consistency of angular and linear measurements, the interrelation of errors; steel tape corrections; instrument care and adjustment, the Tennessee Coordinate System; astronomical observations for azimuth; meridian or longitude and parallel of latitude; magnetic declination; magnetic variation; and magnetic bearings, true bearings, differential leveling; profile leveling; cross sections; cut sheets; the theory and use of stadia; topographic surveying; and control surveys by triangulation and traverse, for both ground and aerial surveys.

(c) Surveying of areas for their correction, determination and description: The applicant should be able to plot and write property descriptions, obtain property descriptions from legal records and lay out and monument such property; he or she should know the relative weights legally to be given monuments, distance, bearings, angles, and areas in the redetermination of old boundaries; he or she should be able to determine the directions of lines of a traverse by the deflection angles and by azimuths; he or she should be able to compute latitudes and departures, determine missing data from descriptions, adjust a traverse for closure error, compute coordinates of traverse points, and compute areas of irregular parcels including those bounded by curvilinear courses.

(d) Surveying of areas for the conveyancing of land and for the establishment and reestablishment of internal and external land boundaries, and the plotting of land and subdivisions thereof: The applicant should be able to divide areas into smaller tracts; determine the internal and external boundaries thereof; determine missing data from descriptions; lay out and plot roads, street and sidewalks, topography, and contours setting forth road grades, and determining drainage on the surface, reducing topographic notes; interpolate contours from elevations; prepare topographic maps using ground surveys and aerial surveys with photogrammetric methods of compiling aerial photographs; and compute horizontal curves and vertical curves.

(2) The Examination administered by NCEES shall be determined by NCEES. Applicants should contact NCEES to obtain information regarding the syllabus of NCEES examination.

History

  • Authority: T.C.A. §§ 62-18-105 and 62-18-111.
  • Administrative History: Original rule filed June 6, 2974; effective July 6, 1974. Repeal and new rule filed November 18, 1985; effective February 12, 1986. Amendments filed January 13, 2017; effective April 13, 2017. Amendments filed July 27, 2017; effective October 25, 2017.
Tenn. Comp. R. & Regs. 0820-01-.08 REPEALED

History

  • Authority: T.C.A. §§ 4-3-1304, 62-18-105, 62-18-106, 62-18-109, and 62-18-110.
  • Administrative History: (For history prior to January 1986, see pg. 1). Repeal filed November 18, 1985; effective February 12, 1986. Rule was previously numbered 0820-01-.07, but was renumbered 0820-01-.08 with the addition of a new rule 0820-01-.07.
Tenn. Comp. R. & Regs. 0820-01-.05 FEES

(1) The following schedule of fees is hereby established for application, registration, renewal and late penalties:

(a) Application fee 1. Tennessee State Specific...............................................................$200.00 2. Professional Land Surveying in Training .............................................$25.00 (b) Certificate of Registration.......................................................................$100.00 (c) Biennial Renewal.................................................................................$280.00 (d) Late Renewal Penalty (per month or fraction thereof)....................................$20.00 (2) A candidate shall schedule the Fundamentals of Land Surveying (FS), and/or the practice of Land Surveying (PS) examinations directly with NCEES and pay the examination fee directly to NCEES required for taking such examination.

(3) A candidate shall schedule the Tennessee State Specific Examination with the Board’s designated testing agency and pay an examination fee that will include any fees charged by the designated testing agency. The Board shall set the examination fee through choosing a contractor from a solicitation process pursuant to Tenn. Ann. Code § 12-3-501, et seq. and the Comprehensive Rules and Regulations of the Central Procurement Office found at Tenn.

Comp. R. & Reg. Chapter 0690-03-01, or any other predecessor rules and laws of the State of Tennessee regarding the procurement of such contracts.

History

  • Authority: T.C.A. §§ 62-18-105(d), 62-18-109, 62-18-113, 62-18-114, and 62-18-125.
  • Administrative History: Original rule filed June 6, 1974; effective July 6, 1974. Repeal and new rule filed November 18, 1985; effective February 12, 1986. Amendment filed November 15, 1991; effective December 30, 1991. Amendment filed September 5, 2002; effective November 19, 2002. Amendments filed July 27, 2017; effective October 25, 2017.
Tenn. Comp. R. & Regs. 0820-01-.06 CIVIL PENALTIES

(1) With respect to any person required to be registered by the Board as a land surveyor, the Board may, in addition to or in lieu of any other lawful disciplinary action, assess a civil penalty against such person for each separate violation of a statute, rule or order pertaining to the Board in accordance with the following schedule:

Violation Penalty (a) T.C.A. § 62-18-101(b) $100 - $1000 (b) T.C.A. § 62-18-116(a)(1)(A) $500 - $1000 (c) (B) $250 - $1000 (d) (C) $50 - $1000 (e) (D) $50 - $1000 (f) T.C.A. § 62-18-119(b) $500 - $1000 (g) (c) $500 - $1000 (h) T.C.A. § 62-18-120(a) $500 - $1000 (i) (b) $50 - $1000 (j) T.C.A. § 62-18-124(d) $50 - $1000 (k) Violation of Board Order $100 - $1000 (2) Each day of continued violation shall constitute a separate violation.

(3) In determining the amount of any civil penalty to be assessed pursuant to this rule, the Board may consider such factors as the following:

(a) Whether the amount imposed will be a substantial economic deterrent to the violator;

(b) The circumstances leading to the violation;

(c) The severity of the violation and the risk of harm to the public;

(d) The economic benefits gained by the violator as a result of non-compliance; and (e) The interest of the public.

History

  • Authority: T.C.A. §§ 56-1-308, 62-18-105(d), and 62-18-115.
  • Administrative History: Original rule filed June 6, 1974; effective July 6, 1974. Repeal and new rule filed November 18, 1985; effective February 12, 1986. Amendment filed November 20, 1991; effective January 4, 1992.
Tenn. Comp. R. & Regs. 0820-01-.07 CERTIFICATION FOR MILITARY MEMBERS AND SPOUSES

(1) An applicant for licensure meeting the requirements of T.C.A. § 4-3-1304(d)(1) may:

(a) Be issued a license upon application and payment of all fees required for issuance of a regular license of the same type if, in the opinion of the Board, the requirements for certification or licensure of such other state are substantially equivalent to the requirements in Tennessee; or (b) Be issued a temporary license as described herein if the Board determines the applicant’s license is not substantially equivalent, pursuant to subsection (a), but that the applicant could satisfy additional requirements, including, but not limited to, education, training, or experience (“applicant’s additional requirements”). The Board may issue a temporary license upon application and payment of all fees required for issuance of a regular license of the same type which shall allow such person to perform services as if fully licensed for a set period of time that is determined to be sufficient for the applicant to complete applicant’s additional requirements.

  1. After completion of an applicant’s additional requirements and providing the Board with sufficient proof thereof as may be required, a full license may be issued to the applicant with the issuance date being the date of the initial issuance of the temporary license and an expiration date as though the full license had been issued at that time, provided that no compelling reason causes the Board to withhold or deny the issuance of the full license.

  2. A temporary license shall be issued for a period of no greater than the length of a renewal cycle for a full license.

  3. A temporary license shall expire upon the date set by the Board and shall not be subject to renewal except through the completion of applicant’s additional requirements, as required by the Board or by an extension of time granted for good cause by the Board.

  4. Should an extension to a temporary license cause the license to be in effect longer than the renewal cycle of a permanent license then the holder of the temporary license shall file a renewal application with such documentation and fees, as are required by the Board for all other renewals of a permanent license of the same type.

(2) Military education, training, or experience completed by a person described at T.C.A. § 4-3- 1304(d)(1)(B)(ii)(a)-(c) shall be accepted toward the qualifications, in whole or in part, to receive any license issued by the Board if such military education, training, or experience is determined by the Board to be substantially equivalent to the education, training, or experience required for the issuance of such license.

(3) Any licensee who is a member of the national guard or a reserve component of the armed forces of the United States called to active duty whose license expires during the period of activation shall be eligible to be renewed upon the licensee being released from active duty without payment of late fees or other penalties.

(a) The license of a person described in paragraph (3) shall be eligible for renewal pursuant to this subsection for one (1) year from the person’s release from active duty.

(b) Any person renewing under paragraph (3) shall provide the Board such supporting documentation evidencing activation as may be required by the Board prior to renewal of any license pursuant to this subsection.

History

  • Authority: T.C.A. §§ 4-3-1304, 62-18-106, 62-18-109, and 62-18-110.
  • Administrative History: New rule filed January 13, 2017; effective April 13, 2017.
Tenn. Comp. R. & Regs. 0820-01-.09 REPEALED

History

  • Authority: T.C.A. § 62-18-105.
  • Administrative History: (For history prior to January 1986, see pg. 1). Repeal filed November 18, 1985; effective February 12, 1986. Rule was previously numbered 0820-01- .08, but was renumbered 0820-01-.09 with the addition of a new rule 0820-01-.07.
Tenn. Comp. R. & Regs. 0820-01-.10 REPEALED

History

  • Authority: T.C.A. § 62-18-105.
  • Administrative History: (For history prior to January 1986, see pg. 1). Repeal filed November 18, 1985; effective February 12, 1986. Rule was previously numbered 0820-01- .09, but was renumbered 0820-01-.10 with the addition of a new rule 0820-01-.07.
Tenn. Comp. R. & Regs. 0820-01-.11 REPEALED

History

  • Authority: T.C.A. § 62-18-105.
  • Administrative History: (For history prior to January 1986, see pg. 1). Repeal filed November 18, 1985; effective February 12, 1986. Rule was previously numbered 0820-01- .10, but was renumbered 0820-01-.11 with the addition of a new rule 0820-01-.07.
Tenn. Comp. R. & Regs. 0820-01-.12 REPEALED

History

  • Authority: T.C.A. § 62-18-105.
  • Administrative History: (For history prior to January 1986, see pg. 1). Repeal filed November 18, 1985; effective February 12, 1986. Rule was previously numbered 0820-01- .11, but was renumbered 0820-01-.12 with the addition of a new rule 0820-01-.07.
Tenn. Comp. R. & Regs. 0820-01-.13 REPEALED

History

  • Authority: T.C.A. § 62-18-105.
  • Administrative History: (For history prior to January 1986, see pg. 1). Repeal filed November 18, 1985; effective February 12, 1986. Rule was previously numbered 0820-01- .12, but was renumbered 0820-01-.13 with the addition of a new rule 0820-01-.07.
Tenn. Comp. R. & Regs. 0820-01-.14 REPEALED

History

  • Authority: T.C.A. § 62-18-105.
  • Administrative History: (For history prior to January 1986, see pg. 1). Repeal filed November 18, 1985; effective February 12, 1986. Rule was previously numbered 0820-01- .13, but was renumbered 0820-01-.14 with the addition of a new rule 0820-01-.07.
Tenn. Comp. R. & Regs. 0820-01-.15 REPEALED

History

  • Authority: T.C.A. § 62-18-105.
  • Administrative History: (For history prior to January 1986, see pg. 1). Repeal filed November 18, 1985; effective February 12, 1986. Rule was previously numbered 0820-01- .14, but was renumbered 0820-01-.15 with the addition of a new rule 0820-01-.07.
Tenn. Comp. R. & Regs. 0820-01-.16 REPEALED

History

  • Authority: T.C.A. § 62-18-105.
  • Administrative History: (For history prior to January 1986, see pg. 1). Repeal filed November 18, 1985; effective February 12, 1986. Rule was previously numbered 0820-01- .15, but was renumbered 0820-01-.16 with the addition of a new rule 0820-01-.07.

Chapter 0820-02 Rules of Procedure for Hearing Contested Cases

Tenn. Comp. R. & Regs. 0820-02 Rules of Procedure for Hearing Contested Cases

RULES

OF THE TENNESSEE STATE BOARD OF EXAMINERS

FOR LAND SURVEYORS

For Rules of Procedure for Hearing Contested Cases see Rules of the Secretary of State, Chapter 1360- 04-01.

Authority: T.C.A. § 4-509. Administrative History. Original chapter filed November 22, 1978, effective January 8, 1979. Administrative correction made to chapter reference on November 28, 2022.

Chapter 0820-03 Standards of Practice

Tenn. Comp. R. & Regs. 0820-03-.01 APPLICABILITY

The provisions of this Chapter shall apply to all land surveyors registered pursuant to Title 62, Chapter 18, T.C.A.

History

  • Authority: T.C.A. § 62-18-106(c).
  • Administrative History: Original rule filed August 15, 1980; effective September 28, 1980.
Tenn. Comp. R. & Regs. 0820-03-.02 GENERAL

(1) The proper execution of land surveying and mapping procedures and all other details of a land survey shall be the direct responsibility of the Land Surveyor whose stamp or seal and/or signature appear on the document, plat, or other newly original survey documents.

The fact that a document, plat, or other newly original survey document(s) is accepted by the Register of Deeds for recordation in no way relieves such Land Surveyor of this responsibility.

(2) Authorship of the original document and/or plat is the intellectual property of the Land Surveyor, unless otherwise specified by written contract; therefore, it should be professionally and accurately prepared as a permanent record. After reproducible prints or copies have been made for recordation or other purposes, the document and/or plat should be carefully preserved with the Land Surveyor’s original field notes, calculations, work sheets, data, and other project documents for the statutory period as defined at T.C.A. § 28-3-114(a).

(3) The Land Surveyor may agree with any client to perform a more accurate survey than required by this Chapter.

History

  • Authority: T.C.A. §§ 62-18-105 and 62-18-106.
  • Administrative History: Original rule filed August 15, 1980; effective September 29, 1980. Amendment filed November 20, 1991; effective January 4, 1992. Repeal and new rule filed December 17, 2010; effective March 17, 2011. Amendments filed February 6, 2025; effective May 7, 2025.
Tenn. Comp. R. & Regs. 0820-03-.03 DEFINITIONS

(1) “Land Description,” “Legal Description,” “Property Description,” or “Written Description,” means a detailed statement of appropriate information necessary to completely locate, relocate, or define the boundaries of a certain area or tract of land.

(2) “Leveling Survey” means a survey involving the control of levels for land areas where a common datum is necessary.

(3) “Survey Plat” or “Survey Map” means an accurate graphical representation of a finite piece of surveyed property, including pertinent and important data and information pertaining to the surveyed land.

(4) “Suburban Land Survey” means a survey of land which is located within the limits of an incorporated city or town.

(5) “Global Navigation Satellite Systems” or “GNSS” is defined as a network of orbiting satellites providing the navigation and positioning data necessary to determine the location on the earth. Systems that comprise the GNSS include NAVSTAR, GLONASS, GALILEO, COMPASS, and any other satellite-based navigation and positioning systems. For purposes of this Chapter, “Global Positioning Systems” or “GPS” shall have the same meaning as GNSS.

History

  • Authority: T.C.A. §§ 62-18-105 and 62-18-106.
  • Administrative History: Original rule filed August 15, 1980; effective September 29, 1980. Amendment filed November 20, 1991; effective January 4, 1992. Repeal and new rule filed December 17, 2010; effective March 17, 2011. Amendments filed February 6, 2025; effective May 7, 2025.
Tenn. Comp. R. & Regs. 0820-03-.04 RESERVED

History

  • Authority: T.C.A. §§ 62-2-105(d), 62-2-106(c), 62-18-105(d), and 62-18-106(c).
  • Administrative History: Original rule filed August 15, 1980; effective September 29, 1980. Amendment filed November 20, 1991; effective January 4, 1992. Repeal and new rule filed December 17, 2010; effective March 17, 2011.
Tenn. Comp. R. & Regs. 0820-03-.05 ACCURACY OF SURVEYS

Surveys for Categories I, II, and III as defined below must meet the minimum accuracy requirements provided below for the category where the survey is located. The category must be determined by the Land Surveyor to the best of his knowledge and belief at the time of the survey. Nothing in this rule shall preclude a Land Surveyor from using a greater degree of accuracy than that required as a minimum for any category provided below.

(1) Urban and Subdivision Property Surveys (Category I). For Category I surveys in Tennessee, the angular closure shall not exceed fifteen (15) seconds times the square root of the number of angles turned. The linear error of closure shall be equal to or less than 1 foot per 10,000 feet of perimeter of the lot of land (1:10,000). When a land parcel of one (1) acre or less is encountered, the allowable error shall not exceed one tenth (1/10) of a foot of positional accuracy at any corner.

(2) Suburban and Subdivision Property Surveys (Category II). For Category II surveys in Tennessee, the angular error of closure shall not exceed twenty-five (25) seconds times the square root of the number of angles turned. The linear error of closure shall be equal to or less than 1 foot per 7,500 feet of perimeter of the lot of land (1:7,500). When a land parcel of one (1) acre or less is encountered, the allowable error shall not exceed one tenth (1/10) of a foot of positional accuracy at any corner.

(3) Other Property Surveys (Category III). For Category III surveys in Tennessee, the angular error of closure shall not exceed thirty (30) seconds times the square root of the number of angles turned. The linear error of closure shall be equal to or less than 1 foot per 5,000 feet of perimeter of the lot of land (1:5,000). When a land parcel of one (1) acre or less is encountered, the allowable error shall not exceed one tenth (1/10) of a foot of positional accuracy at any corner.

(4) Remote Sensing Surveys (Category IV). For Category IV surveys in Tennessee, it is acceptable practice to incorporate the use of Global Navigation Satellite Systems (GNSS) equipment into any survey. The precision of all measurements made with such equipment must, at a minimum, meet all precision standards required otherwise by the rules under

Chapter 0820-03. GNSS surveys performed to provide control networks shall be performed in such a manner to obtain a ninety-five percent (95%) confidence level of the positional accuracy of each point relative to the published positions of the control points used.

(5) Differential Leveling Surveys. The surveying process in which a horizontal line of sight of known elevation is intercepted by a graduated standard, or rod, held vertically on the point being checked (does not apply to Trigonometric or GNSS surveys).

(a) Urban Differential Leveling Surveys. Leveling employed for commercial, industrial, or urban land surveys shall be executed with an error of closure (Y) not to exceed in feet. 0.5 Y = 0.04 (M)

(Y equals 0.04 times the square root of M) Where Y = discrepancy in vertical measurement (in feet) and M = distance from datum reference (in miles).

(b) Other Differential Leveling Surveys. Other leveling surveys shall be conducted with an error of closure (Y) not to exceed in feet. 0.5 Y = 0.10 (M)

(Y equals 0.10 times the square root of M) Where Y = discrepancy in vertical measurement (in feet) and M = distance from datum reference (in miles).

(c) Agreement for Leveling Surveys. Prior to any type of Leveling Survey, including control for photogrammetric mapping, the Land Surveyor may determine and set forth in a written agreement with his client to perform a more accurate Leveling Survey and the general procedure to be employed.

History

  • Authority: T.C.A. §§ 62-18-105 and 62-18-106.
  • Administrative History: Original rule filed August 15, 1980; effective September 29, 1980. Amendment filed November 20, 1991; effective January 4, 1992. Repeal and new rule filed December 17, 2010; effective March 17, 2011. Amendments filed February 6, 2025; effective May 7, 2025.
Tenn. Comp. R. & Regs. 0820-03-.06 PLATS AND MAPPING

(1) When a Land Surveyor furnishes a Survey Plat, it shall be properly and accurately drawn, and should legibly depict information developed by and during the survey.

(2) The size of the Survey Plat shall be such that details can be shown clearly and be of a size no less than 8.5”x11”.

(3) Preliminary documents must be clearly marked as such prominently on the face of the document.

(4) Property lines which are not actually surveyed must be clearly indicated as such on the Survey Plat. A statement shall be included revealing the source of information from which the lines are derived. In the compilation of a composite Plat, the Land Surveyor shall indicate and cite the source of all lines copied from a previous source.

(5) Unless containing a digital signature and seal in reference to Rule 0820-04-.08(10), electronic or digital survey documents such as, but not limited to, CAD files, PDF files, and word processor files or other digital media are considered “Preliminary” or “Draft” documents.

(6) Pertinent information on the Survey Plat shall be correctly plotted to the scale shown or noted otherwise. Enlargement “Detail” of a portion of a Plat is acceptable in the interest of clarity, where shown as inserts on the same sheet and/or with a description of where to find the “Detail” if it is located on another sheet of the same Survey Plat.

(7) Visible and apparent rights-of-way, utilities, and roadways where crossing or forming any boundary line of the property shall be accurately located and shown on the Survey Plat.

(8) Easements evidenced by Record Documents which have been provided to the Land Surveyor shall be shown. These include both those burdening and those benefiting the property surveyed, indicating recording information. If an easement cannot be located, a note to this effect shall be included. Observable evidence of easements and/or servitudes of all kinds, such as those created by roads; rights-of-way; water courses; drains; or utilities on or across the surveyed property and on adjoining properties if they appear to affect the surveyed property, shall be located and noted. If the Land Surveyor has knowledge of any such easements and/or servitudes, not observable at the time of the survey, such lack of observable evidence shall be noted. Surface indications, if any, of underground easements and/or servitudes shall also be shown and noted. Where non-observable data is shown relative to existing utilities in reliance on apparent surface markings or available utility plans or the apparent surface indicators which are not visible to the Land Surveyor, a statement as to the source of the data shall be included on the Survey Plat as well as a note stating such data should not be relied upon without verification from the proper utility authority having jurisdiction.

(9) Area: When a boundary is formed by a closed survey, the area shall be shown in acres and/or square feet. Area computations by estimation, planimeter, by scale, or copying from another source are not acceptable methods except in preliminary maps and non-accessible areas, in which case the method shall be clearly stated. If the survey is a new/original tract or the area is different from the recorded area, then the survey must show the area of any closed surveyed tracts.

(10) When using abbreviations and/or symbols, a thorough legend describing all abbreviations and symbols used shall be included on the Survey Plat.

(11) The presence of a Land Surveyor’s seal and personal signature upon the face of a Survey Plat or document shall constitute a certification that the Plat or document conforms to the minimum Standards of Practice for Land Surveying in Tennessee as defined by the Rules of the Tennessee State Board of Examiners for Land Surveyors.

History

  • Authority: T.C.A. §§ 62-18-105 and 62-18-106.
  • Administrative History: Original rule filed August 15, 1980; effective September 29, 1980. Amendment filed November 20, 1991; effective January 4, 1992. Repeal and new rule filed December 17, 2010; effective March 17, 2011. Amendments filed February 6, 2025; effective May 7, 2025.
Tenn. Comp. R. & Regs. 0820-03-.07 SURVEY TYPES AND REQUIREMENTS

A Land Surveyor shall comply with the minimum requirements provided below for all surveys and Survey Plats prepared therefrom.

(1) General Property Surveys.

(a) A Survey Plat shall be a copy, print or tracing on tangible media, and shall be dated, stamped, or sealed and wet ink signed by a registered Land Surveyor, responsible for the survey in compliance with applicable law. This shall include surveys in an electronic format that contain the Land Surveyor’s seal and a digital signature in reference to Rule 0820-04-.08(10).

(b) A Survey Plat shall have a title and contain the following information:

  1. A descriptive location of the property, surveyed or vicinity map, and a corner of the property surveyed must be tied by bearing and distance either:

(i) To a corner of a subdivision, (ii) To a corner of the parent tract from which property is carved from, (iii) To a permanent identifiable corner, (iv) To a permanent identifiable reference point, or (v) To a nearest road intersection.

In the case of a formation of a new tract, a tie must be made by bearing and distance to an identifiable corner of the parent tract.

  1. The city or district, county, and the state where the property is located;

  2. The name of the grantor or grantee of the property, or the name of the person or entity who requested or required the Survey Plat;

  3. The date of the Survey Plat;

  4. A graphic scale and numeral scale;

  5. The name, registration number, address, company name (if applicable), email address, and telephone number of the Land Surveyor in responsible charge; and 7. A certification on the face of the final Survey Plat shall contain certification as to Category I, II, III, or IV and that the survey meets or exceeds the accuracy requirements thereof.

(c) A north arrow shall be shown correlated with the courses, azimuths and/or bearings to which the survey was performed, with the source of reference clearly indicated.

(d) All lines shall be defined by horizontal distances, azimuths, and/or bearings, and shall be plotted to the scale shown on the Survey Plat. Units of distance (U.S. survey feet, international feet, meter, etc.) used for the survey shall be noted on the Survey Plat.

(e) Where a boundary is formed by a curve, the curve shall be defined by the arc length curve radius, chord bearing, and long chord distance.

(f) The Land Surveyor shall show and label the widths and/or center lines of easements and rights-of-way within the property which are obvious and apparent. The survey shall be completed using the recorded deeds to the property and include pertinent information as described in Rule 0820-03-.06(7).

(g) Boundaries formed by water course shall be located and plotted to the scale of the survey. Traverse lines and/or offset lines used to close water course boundaries shall be shown plotted to scale and defined by interior angle, azimuth, and or/ bearing and distance.

(h) Monumentation requirements:

  1. New property monuments, including reference monuments, shall be composed of material(s) suitable to perpetuate the position and location of the monument. A notation on the Survey Plat shall state whether the monuments were found or set and include the material and size.

  2. Metal monuments shall be no less than one-half (½) inch in diameter; concrete monuments shall be no less than four (4) inches on each side or in diameter and shall contain ferrous or magnetic material; and both shall be no less than eighteen (18) inches in length unless some impregnable material is encountered.

  3. No monument should be set if, in the opinion of the Land Surveyor, the existing monument is found undisturbed and adequate to perpetuate the corner position and can be reasonably made to conform to the angle point in the boundary.

Large or indefinite monuments which cannot be measured to within the positional accuracy requirements contained herein, such as trees, rock piles or fence corners, may be marked with reference monuments as deemed necessary by the Land Surveyor.

  1. When conditions warrant setting a reference for a monument on an offset, the location shall be selected so that the monument lies on a line of the survey, or a prolongation of such line.

  2. New metal or concrete monuments set shall have an identifying mark or cap with the Land Surveyor’s registration number or company name permanently fixed upon it. Concrete monuments shall have a permanent mark for the survey point.

  3. Survey points that do not divide land ownership, such as point of intersection (P.I.), centerline of water course, etc. may be established with or without monumentation at the Land Surveyor’s discretion. Newly created and/or existing public right-of-way is/are excluded and shall comply with the monumentation requirements herein.

(i) In the compilation of a composite Survey Plat, the Land Surveyor shall indicate and cite the source of all lines copied from a previous survey on the Survey Plat and qualify the Survey Plat as prepared from other sources and does not represent a current survey. A composite Survey Plat may not be used for the creation of a new parcel from within a parent tract when produced in conjunction with T.C.A. § 13-4-301(4)(A) and/or T.C.A. § 13-4-301(4)(B)(i).

(j) The names of adjoining land owners and deed references, if available from the county property assessor’s office. This shall include lot and/or block numbers, and highways, streets, and named waterways.

(k) The point of beginning (POB) in the metes and bounds description prepared by the Land Surveyor shall be shown on the Survey Plat (except in the case of a subdivision plat).

(2) Topographic Surveys.

(a) A Survey Plat shall be a copy print or tracing on tangible media, and shall be dated, stamped, or sealed, and signed by the registered Land Surveyor responsible for the survey, in compliance with applicable law.

(b) A Survey Plat shall have a title and contain the following information:

  1. A descriptive location of the property surveyed or a vicinity map;

  2. The city or district, county, and the state where the property is located;

  3. The name of the grantor or grantee of the property, or the name of the person or entity who requested the Survey Plat;

  4. The date of the Survey Plat;

  5. A graphic scale and a numerical scale; and 6. The name, registration number, company name (if applicable), email address, telephone number, and address of the Land Surveyor in responsible charge.

(c) A north arrow shall be shown correlated with the horizontal datum, courses, azimuths, and/or bearings to which the survey was performed, with the source of reference clearly indicated.

(d) Property lines, if shown on the Topographic Survey, shall be shown as needed and/or as deemed necessary by the Land Surveyor and shall be plotted to the scale of the Survey Plat. If shown, the following shall also be included:

  1. The Land Surveyor shall show and label the widths and/or centerline of easements and rights-of-way which are obvious and apparent;

  2. The cite and the source of any lines copied from other sources; and 3. The names of adjacent land owners, deed references, block numbers, highways, streets, and named waterways.

(e) If limits of the topographic survey are formed by water course, then the water course shall be located and plotted to the scale shown in the title.

(f) Visible, obvious, and apparent surface indications of physical features such as utilities, buildings, water bodies, etc. shall be shown and plotted to the scale of the Survey Plat.

(g) Elevations shall be shown as spot elevations and/or contours. The contour interval shall be noted and shall meet national mapping accuracies.

(h) An on-site project vertical benchmark shall be established with reference to the project vertical datum. The benchmark location shall be shown, adequately described, and plotted to the scale of the Survey Plat. The vertical datum referenced shall be noted on the face of the Survey Plat.

(i) If contours, elevations, and/or features are generated by remote sensing methods, the Land Surveyor in responsible charge of the ground control shall certify, sign, stamp, or seal the Survey Plat for the ground control portion of the survey.

(3) Oil and Gas Well Location Surveys.

(a) Oil and gas well location surveys must be made in compliance with the provisions of T.C.A., Title 60, Chapter 1, and the rules of the Tennessee State Oil and Gas Board (Chapters 1040-01-01 through 1040-08-01).

(b) Where surveyed lines or areas must be located or calculated, they must also comply with the accuracy standards set forth in Rule 0820-03-.05 of this Chapter for the category in which the survey is located.

(c) The Survey Plat shall have a title and contain the same information as required under this Chapter relative to General Property Surveys.

(4) Geodetic Control Surveys (GCS).

(a) All Geodetic Control Surveys must be made in accordance with the Federal Geodetic Control Standards (F.G.C.S.). Horizontal and vertical control work must meet or exceed those accuracy specification standards as published by the Federal Geodetic Control Committee, September 1984, in the bulletin titled “Standards and Specification for Geodetic Control Networks” or any subsequently published bulletins modifying such class standards. Copies of said bulletins may be obtained from the United States Department of Commerce.

(b) The Survey Plat shall have a title and contain the same information as normally would be required under this Chapter for General Property Surveys.

(5) Remote Sensing Surveys.

(a) Minimum Standards for Remote Sensing Surveys.

When using GNSS equipment in the course of a survey, the Land Surveyor shall state on the face of the Survey Plat, or within the report in cases where there is no Survey Plat, the following:

  1. The Land Surveyor in responsible charge of such GNSS surveys shall date, stamp, or seal and sign the prepared documents in compliance with all applicable law;

  2. A note stating what portion (or all) of the survey was performed using GNSS equipment;

  3. The type of GNSS equipment used, including manufacturer and model number, and whether single or dual frequency receivers were used;

  4. The type of GNSS survey that was performed, such as static, real time kinematic (RTK), network adjusted real time kinematics, etc.;

  5. A note that discloses the precision of the GNSS work done, either in relative positional accuracy, vector closure, or other mathematical expression chosen by the Land Surveyor;

  6. Date of the survey;

  7. Data for any fixed station(s) used for the GNSS survey shall appear on the Survey Plat or report. The minimum data shown for each fixed station shall include the fixed station name, horizontal position (defined by northing/easting or latitude/longitude), elevation (ellipsoid or orthometric), datum and epoch;

  8. Geoid model used; and 9. Combined scale factor.

(6) Hydrographic Surveys (also referred to as Bathymetric Surveys).

(a) Hydrographic surveying is the term applied to the process used in surveying any body of water. In the case of lakes and rivers, this may include the determination of shore lines, soundings, characteristics of the bottom, location of buoys, etc. The survey of a river may also include the determination of the velocity and characteristics of the flow.

In its broad sense the term may be applied to the survey of drainage areas and proposed locations for reservoirs for the storage of water. Hydrographic Surveys shall be prepared as follows:

  1. A Survey Plat shall be a copy, print or tracing, on tangible media and shall be dated, stamped, or sealed and signed by the registered Land Surveyor responsible for the survey, in compliance with all applicable law.

  2. The Survey Plat shall have a title and contain the same information as normally would be required under this Chapter for Topographic Surveys.

  3. In addition to the above required data, the Survey Plat shall show the shore line, designated with the heaviest line on the Survey Plat, and the low-water line designated with the next heaviest line on the Survey Plat.

  4. Topography to be shown outside the shore line shall be determined by the use for which the Survey Plat is intended, and requested in writing by the client.

Topography of the submerged portions shall be shown with a dashed line.

  1. Hydrographic charts prepared for purposes of navigation shall include sufficient topography to show the location of any landmarks which may be of use to the navigator, such as conspicuous objects on the shore.

  2. Sufficient survey control points shall be shown on the Survey Plat for the survey to be tied to other maps or adjacent surveys.

  3. Where soundings are represented on the Survey Plat, they shall be shown in feet and tenths of a foot in black, the number representing the depth of the water below the datum. Where the datum is mean low water, these soundings which are below shall be shown in black, and those that are above the datum shall be shown in another color or method of line designation.

  4. In preparation of the navigation chart of a small river the soundings shall be recorded in feet and tenths of a foot, and contours drawn every three (3) or six (6) feet. The direction of the current shall be shown with an arrow. Rapids or waterfalls shall be shown on the Survey Plat when encountered in the survey.

(b) Hydrographic surveys must conform to the above minimum standards if no other more stringent standards or specifications are provided by the client, or other standards are required by the jurisdiction of the U.S. Corps of Engineers, or other legal authority, in the area where the survey project is located.

History

  • Authority: T.C.A. §§ 62-18-105 and 62-18-106.
  • Administrative History: Original rule filed August 15, 1980; effective September 29, 1980. Amendment filed November 20, 1991; effective January 4, 1992. Repeal and new rule filed December 17, 2010; effective March 17, 2011. Amendments filed February 6, 2025; effective May 7, 2025.
Tenn. Comp. R. & Regs. 0820-03-.08 MARKING OF PROPERTY BOUNDARIES

The marking of lines between corners is not a requirement of a General Property Survey; however, if needed, contracted, or requested, the marking shall be the responsibility of the Land Surveyor who performs the survey. The marking of property corners shall comply with Subparagraph 0820-03-.07(1)(h) of this Chapter.

History

  • Authority: T.C.A. §§ 62-18-105 and 62-18-106.
  • Administrative History: Original rule filed August 15, 1980; effective September 29, 1980. Amendment filed November 20, 1991; effective January 4, 1992. Repeal and new rule filed December 17, 2010; effective March 17, 2011. Amendments filed February 6, 2025; effective May 7, 2025.
Tenn. Comp. R. & Regs. 0820-03-.09 LAND DESCRIPTIONS

(1) Terminology. The following terminology shall be used in land descriptions:

(a) “Beginning” shall mean a well-defined, readily located, and permanent point or monument which is both the starting point and final point for a written metes and bounds description.

(b) “Boundary line” shall mean an adequately dimensioned and described line or curve bounding an area or dividing separate properties.

(c) “Conveyance” shall mean the act of transferring title or rights in a property.

(d) “Coordinate description” shall mean a description of lands in which the angle points or other points in the boundary are each referred to grid coordinates on the Tennessee or similar coordinate system.

(e) “Description by lot number” shall mean a description which identifies a lot or tract of land by reference to book and page or recorded instrument numbers of a county register in which a Survey Plat is recorded with other pertinent information.

(f) “Grantor” shall mean a person or party conveying property or rights therein to a grantee.

(g) “Grantee” shall mean a person or party receiving title to or rights in property.

(h) “Grid coordinates” shall mean distances measured at right angles to each other in a rectangular system having two base lines at right angles to each other.

(i) “Metes and bounds description” shall mean a written description in which the boundary lines starting from a given point are described by listing the direction, distance, and description of corners of the lines and/or curves forming the boundary.

(j) “Title” shall mean a written claim or right which constitutes a just and legal cause of exclusive possession.

(2) Preparation. The Land Surveyor may prepare a written land description but shall not engage in the writing of a deed. In the preparation of a land description, the Land Surveyor shall include within the document their full name, registration number, and the date of the survey from which the information was procured (or the book and page numbers of the recorded Survey Plat or deed, if used in preparing the description).

(3) Content.

(a) In the description by a lot number of a lot located in a subdivision, the following information shall appear: the name of the subdivision; the general location of the property to include the city, county, and state, the lot number, the name of the subdivision plat, the book and page number of the subdivision plat, and the county register’s office in which the subdivision plat is recorded.

(b) A metes and bounds description shall include the general location of the property being described with sufficient accuracy so that the property can be readily located on the ground. The beginning point must be so selected that it can readily and accurately be located from some previously established monument, corner of record, etc., and can be readily described. The description shall include the names of adjoining property owners and/or a reference to any adjoining lots within a plat of record. The description shall include all found/set corner monuments and/or reference monuments, and each shall be described by size and material. A metes and bounds description shall describe a course around the property in a clockwise direction. All lines adjacent to streets, roads or other rights-of-way shall be referenced to same; and all pertinent distances and curve data shall be listed. Curves shall be defined at a minimum by the arc length, curve radius, long chord bearing and long chord distance. Corners falling in inaccessible locations shall be referenced to nearby and permanent points.

History

  • Authority: T.C.A. §§ 62-18-105 and 62-18-106.
  • Administrative History: Original rule filed August 15, 1980; effective September 29, 1980. Repeal and new rule filed December 17, 2010; effective March 17, 2011. Amendments filed February 6, 2025; effective May 7, 2025.
Tenn. Comp. R. & Regs. 0820-03-.10 INSTRUMENTS AND APPARATUS

Land Surveying in Tennessee shall be conducted in the field with a properly adjusted instrument of measurement which is appropriate to the closeness of the work being performed. The instrument shall be calibrated at regular intervals to maintain its optimum accuracy.

History

  • Authority: T.C.A. §§ 62-18-105(d) and 62-18-106(c).
  • Administrative History: Original rule filed August 15, 1980; effective September 29, 1980. Amendment filed November 20, 1991; effective January 4, 1992. Repeal and new rule filed December 17, 2010; effective March 17, 2011.
Tenn. Comp. R. & Regs. 0820-03-.11 REPEALED

History

  • Authority: T.C.A. § 62-18-106.
  • Administrative History: Original rule filed January 11, 2018; effective April 11, 2018. Repeal filed February 6, 2025; effective May 7, 2025.

Chapter 0820-04 Rules of Professional Conduct

Tenn. Comp. R. & Regs. 0820-04-.01 APPLICABILITY

The provisions of this chapter shall apply to any person registered to practice land surveying in this state, and to any partnership or corporation engaged in the practice of surveying in this state. For the purpose of this chapter, unless the context otherwise requires, the word "registrant" includes any person, partnership, or corporation.

History

  • Authority: T.C.A. §§ 62-18-105(d) and 62-18-106(c).
  • Administrative History: Original rule filed November 20, 1991; effective January 4, 1992.
Tenn. Comp. R. & Regs. 0820-04-.02 PROPER CONDUCT OF PRACTICE

(1) The registrant shall at all times recognize the primary obligation to protect the safety, health, and welfare of the public in the performance of the registrant's professional duties.

(2) A registrant possessing knowledge of a violation of T.C.A. Title 62, Chapter 18, or any rules promulgated thereunder shall report such knowledge to the Board in writing and shall cooperate with the Board in furnishing such further information or assistance as it may require.

(3) The registrant shall respond to all inquiries and correspondence from the Board within fifteen days from the day of receipt and shall timely claim undelivered correspondence from the U.S.

Postal Service, or other delivery service, upon notice thereof.

(4) The registrant shall not assist in any way in the application for licensure of a person known by the registrant to be unqualified in respect to education, training, or experience.

History

  • Authority: T.C.A. §§ 62-18-105(d) and 62-18-106(c).
  • Administrative History: Original rule filed November 20, 1991; effective January 4, 1992. Amendment filed November 17, 2014; effective February 15, 2015.
Tenn. Comp. R. & Regs. 0820-04-.03 SERVICE IN AREAS OF COMPETENCE

(1) The registrant shall undertake to perform land surveying assignments only when qualified by education or experience in the specific technical field of professional land surveying involved.

(2) The registrant may accept an assignment requiring education or experience outside of the registrant’s own field of competence, but only to the extent that the registrant’s services are restricted to those phases of the project in which the registrant is qualified. All other phases of such project shall be performed by qualified associates, consultants, or employees.

(3) The registrant shall not affix his or her signature or seal to any document dealing with subject matter in which the registrant lacks competence acquired through education or experience, nor to any document not prepared by the registrant or under the registrant’s supervision.

(4) In providing services, the registrant shall take into account all applicable laws and regulations. The registrant shall not knowingly provide services resulting in violation of such laws and regulations.

(5) Incompetence. The following acts or omissions, among others, may be deemed to be "incompetence" for the purposes of T.C.A. §§62-18-116(a)(1)(B), and to be cause for denial, suspension or revocation of a certificate of registration to practice land surveying.

(a) Malpractice. Incompetence includes, but is not limited to recklessness, or excessive errors or omissions in the registrant's record of professional practice.

(b) Disability. Incompetence includes but is not limited to mental or physical disability or addiction to alcohol or drugs as to endanger health, safety and interest of the public by impairing skill and care in providing professional services.

History

  • Authority: T.C.A. §§ 62-18-105(d) and 62-18-106(c).
  • Administrative History: Original rule filed November 20, 1991; effective January 4, 1992. Amendment filed November 17, 2014; effective February 15, 2015.
Tenn. Comp. R. & Regs. 0820-04-.04 PUBLIC STATEMENTS

(1) The registrant shall be completely objective and truthful in all professional reports, statements, or testimony. The registrant shall include all relevant and pertinent information in such reports, statements, or testimony.

(2) The registrant, when serving as an expert witness before any court, commission, or other tribunal, shall express an opinion only when it is founded upon adequate knowledge of the facts in issue, upon a background of experience and competence in the subject matter, and upon honest conviction of the accuracy and propriety of the registrant’s testimony.

(3) The registrant 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.

History

  • Authority: T.C.A. §§ 62-18-105(d) and 62-18-106(c).
  • Administrative History: Original rule filed November 20, 1991; effective January 4, 1992. Amendment filed November 17, 2014; effective February 15, 2015.
Tenn. Comp. R. & Regs. 0820-04-.05 CONFLICTS OF INTEREST

(1) The registrant shall conscientiously strive to avoid conflicts of interest with the registrant’s employer or client; but, when such conflict is unavoidable, the registrant shall forthwith disclose the circumstances to his or her employer or client.

(2) The registrant shall avoid all known or potential conflicts of interest with his or her employer or client, and shall promptly inform his or her employer or client of any business association, interests, or circumstances which could influence the registrant’s judgment or the quality of his or her services.

(3) The registrant shall not accept compensation (financial or otherwise) from more than one party for services on or pertaining to the same project rendered in the same time frame, unless the circumstances are fully disclosed to, and agreed to in writing, by all interested parties.

(4) When engaged in public service on a project as a member, advisor, or employee of a governmental body or department, the registrant and the registrant’s organization shall not perform services for any other client regarding or connected to the project.

(5) The registrant shall not reveal facts, data, or information obtained in a professional capacity without the prior consent of the client, employer, or public body on which the registrant serves except as authorized or required by law. The registrant shall not solicit or accept gratuities, directly or indirectly, from contractors, their agents, or other parties in connection with work for employers or clients.

History

  • Authority: T.C.A. §§ 62-18-105(d) and 62-18-106(c).
  • Administrative History: Original rule filed November 20, 1991; effective January 4, 1992. Repeal and new rule filed November 17, 2014; effective February 15, 2015.
Tenn. Comp. R. & Regs. 0820-04-.06 ACCEPTANCE OF WORK

(1) The registrant shall not offer or make payment of any consideration, either directly or indirectly, by way of commission, political contribution, gift, or by any other means in order to secure work; provided, however, that nothing in this provision prohibits a registrant from seeking a salaried position through legitimate employment agencies.

(2) The registrant shall not falsify or permit misrepresentation of his or his associates" academic or professional qualifications. He shall not misrepresent or exaggerate his degree of responsibility in or for the subject matter or prior assignments. Brochures or other presentations incident to the solicitation of employment shall not misrepresent pertinent facts concerning employer, employees, associates, joint ventures, or his or their past accomplishments with the intent and purpose of enhancing his qualifications and his work.

(3) The registrant shall not request, propose, or accept a professional commission on a contingent basis under circumstances in which his professional judgment may be compromised.

History

  • Authority: T.C.A. §§ 62-18-105(d) and 62-18-106(c).
  • Administrative History: Original rule filed November 20, 1991; effective January 4, 1992.
Tenn. Comp. R. & Regs. 0820-04-.07 MISCONDUCT

(1) The registrant shall not partner, practice, or offer to practice with any person or firm that the registrant knows, or has reason to believe, is engaging in business or professional practice of a fraudulent or dishonest nature.

(2) The registrant shall not furnish limited services in such a manner as to enable unregistered persons to evade:

(a) Federal, state, and local surveying and planning laws and regulations, or (b) Registration requirements of T.C.A., Title 62, Chapter 18.

(3) The following acts, among others, may be deemed to be "misconduct" for the purposes of T.C.A. §§62-18-116(a)(1)(B), and to be cause for denial, suspension, or revocation of a certificate of registration to practice land surveying:

(a) Conviction in a court of competent jurisdiction of a felony or any offense that has a directly unfavorable reflection on the registrant’s ability to practice land surveying.

(b) Revocation, suspension, or disciplinary voluntary surrender of a license or certificate of registration to practice land surveying in another jurisdiction.

Nothing is this paragraph should be construed as precluding the Board from deeming other acts and conduct to be "misconduct."

History

  • Authority: T.C.A. §§ 62-18-105(d) and 62-18-106(c).
  • Administrative History: Original rule filed November 20, 1991; effective January 4, 1992. Repeal and new rule filed November 17, 2014; effective February 15, 2015.
Tenn. Comp. R. & Regs. 0820-04-.08 SEALS

(1) The design of the registrant's seal required by T.C.A. §§62-18-119, shall be as follows:

(2) The seal and signature of the registrant and the date of signing shall be placed on all land surveys, reports, plats, drawings, plans, and calculations whenever presented to a client or any public agency to certify that the work thereon was done by the registrant or under the responsible charge of the registrant. Working drawings or preliminary documents are not required to have a seal and signature if the working drawing or preliminary document contains a statement in large bold letters to the effect “PRELIMINARY, NOT FOR CONSTRUCTION, RECORDING PURPOSES, OR IMPLEMENTATION.” The size of the seal shall be two inches in diameter in all cases and on all documentation requiring the registrant’s seal, regardless of the size of the document.

(3) The registrant shall superimpose his or her signature (not a rubber stamp) and date of signature across the face and beyond the circumference of or adjacent to the seal on documents to which the registrant’s seal is affixed.

(4) The seal and signature shall be placed on all original copies, tracings, or other reproducible documents so that the seal and signature will be reproduced when copies are made.

(5) When the document contains more than one sheet, the first or title page shall be sealed and signed by the registrant who was in responsible charge. In addition, each sheet shall be sealed and signed by the registrant or registrants responsible for that sheet. Two or more registrants may affix their signatures and seals, provided that the registrants designate by note under the seals the specific subject matter for which each is responsible. When a firm performs the work, each sheet shall be sealed and signed by the registrant or registrants who were in responsible charge of that sheet as required by T.C.A. § 62-18-122(b).

(6) The seal and signature shall be placed on work only when it was under the registrant’s responsible charge. The registrant shall sign and seal only work within the registrant’s area(s) of competence.

(7) Maps, plats, surveys, or other documents will be deemed to have been prepared under the responsible charge of a registrant only when all the following conditions have been met and documented:

(a) The client requesting preparation of such maps, plats, surveys, or other documents makes the request directly to the registrant, or a member or employee of the registrant’s firm;

(b) The registrant supervises the preparation of the maps, plats, surveys, or other documents and has input into their preparation prior to their completion;

(c) The registrant reviews the final maps, plats, surveys, or other documents; and (d) The registrant has the authority to, and does, make any necessary and appropriate changes to the final maps, plats, surveys, or other documents. The registrant is responsible for meeting all of the preceding requirements whether the work is being performed remotely or locally.

(8) Any revision to a document containing the seal and signature of a registrant shall be described and dated in a manner that conforms to current industry standards. If the revisions are not done by the original registrant, the revisions must also be signed and sealed by the registrant in responsible charge of those revisions and otherwise identified in the same manner.

(9) In circumstances where a registrant in responsible charge of the work is unavailable to complete the work, a successor registrant may take responsible charge by performing all professional services to include developing maps, plats, surveys or other documents and any necessary and appropriate changes to the work. The non-professional services, such as drafting, need not be redone by the successor registrant but must clearly and accurately reflect the successor registrant’s work. The burden is on the successor registrant to show such compliance. The successor registrant shall have control of and responsibility for the work product and the signed and sealed originals of all documents.

(10) Computer-generated seals not signed with a digital signature may be used on final original drawings provided a handwritten signature is placed across the seal and the date is handwritten below the seal. Maps, plats, surveys or other documents that are signed using a digital signature must have an electronic authentication process attached to or logically associated with the electronic document. The digital signature must be:

(a) Unique to the individual using it;

(b) Capable of verification;

(c) Under the sole control of the individual using it; and, (d) Linked to a document in such a manner that the digital signature is invalidated if any data in the document is changed.

A digital signature that uses a process approved by the board will be presumed to meet the criteria set forth in subsections 10 a–d above. Any hard copy printed from the transmitted electronic file shall bear the facsimile of the signature and seal and shall be a confirmation that the electronic file was not altered after the initial digital signing of the file. Any alterations to the file shall cause the facsimile of the signature to be voided.

History

  • Authority: T.C.A. §§ 62-18-105(d), 62-18-106(c), and 62-18-119(d).
  • Administrative History: Original rule filed November 20, 1991; effective January 4, 1992. Repeal and new rule filed November 17, 2014; effective February 15, 2015.
Tenn. Comp. R. & Regs. 0820-04-.09 RESPONSIBLE CHARGE OF SERVICE

(1) Only officers and principals who are employed full-time for a minimum of thirty (30) hours per week and who hold active Tennessee registration can be in responsible charge of a firm’s practice. A registrant who renders occasional, part-time, or consulting services to or for a firm may not be designated as an officer or principal in responsible charge.

(2) The officer or principal in responsible charge must be registered in the profession in which services are being offered.

(3) An officer or principal may be in responsible charge of more than one firm only if the firms are at the same physical location.

(4) Corporations, partnerships and firms maintaining any place of business in this state for the

purpose of providing or offering to provide land surveying services to the public shall have, in responsible charge of such service at any and each place of business, a resident registered land surveyor.

(5) In the event of a change in the officer or principal in responsible charge, a firm cannot provide or offer services to the public until such time as a new officer or principal in responsible charge is identified.

History

  • Authority: T.C.A. §§ 62-18-105(d) and 62-18-106(c).
  • Administrative History: Original rule filed November 20, 1991; effective January 4, 1992. Repeal and new rule filed November 17, 2014; effective February 15, 2015.
Tenn. Comp. R. & Regs. 0820-04-.10 PRACTICE – DISCLOSURE

(1) A corporation, partnership, or firm offering service to the public may engage in the practice of surveying in this state, provided that at least one (1) of the principals or officers of the corporation, partnership, or firm is in responsible charge of the practice and is registered as required in this chapter, or is otherwise authorized to practice under this chapter. The same exemptions shall apply to corporations, partnerships, and firms as apply to individuals under this chapter.

(2) Corporations, partnerships, or firms offering surveying service to the public shall file with the board, on a form prescribed by the board, a listing of names and addresses of all principals and officers, as well as the principals or officers duly registered to practice surveying in this state who are in responsible charge of the practice in this state. The corporations, partnerships, or firms shall advise the board in writing within sixty (60) days of any change of status.

History

  • Authority: T.C.A. §§ 62-18-105(d) and 62-18-106(c).
  • Administrative History: Original rule filed November 17, 2014; effective February 15, 2015.

Chapter 0820-05 Continuing Education

Tenn. Comp. R. & Regs. 0820-05-.01 PURPOSE

The Tennessee State Board of Examiners for Land Surveyors is authorized by T.C.A. §§62-18-106(d)

(Acts 1991, Public Chapter 6), to establish continuing education requirements and standards for land surveyors. The purposes of this chapter are to prescribe the basic continuing education requirements for present and future registered land surveyors and to establish standards by which continuing education programs will be evaluated for the awarding of credit.

History

  • Authority: T.C.A. §§ 62-18-105(d) and 62-18-106(d).
  • Administrative History: Original rule filed October 28, 1993; effective January 11, 1994.
Tenn. Comp. R. & Regs. 0820-05-.02 DEFINITIONS

(1) “Active” means a registered land surveyor who has complied with the continuing education requirements prescribed herein.

(2) “Board” means the Tennessee State Board of Examiners for Land Surveyors.

(3) “Inactive” means a registered land surveyor who has obtained inactive status from the Board pursuant to Rule 0820-05-.06 and is not required to comply with the continuing education requirements prescribed herein. An inactive registrant may not engage in the practice of land surveying in the State of Tennessee.

(4) “Professional Development Hour (PDH)” means an hour of continuing education found acceptable by the Board.

(5) "Retired" means a registered land surveyor who has obtained retired status from the Board pursuant to TCA §62-18-128 and is not required to comply with the continuing education requirements prescribed herein. A retired registrant may not engage in the practice of land surveying in the State of Tennessee.

(6) Ethics/Business-Related Course or Activity-A qualifying course or activity with content areas related to: (1) the awareness of ethical concerns and conflicts; (2) an enhanced familiarity with the codes of conduct; (3) an understanding of standards of practice or care; (4) project management and risk-assessment management; or (5) other similar topics aimed at maintaining, improving, or expanding the skills set and knowledge to the licensee’s field and methods of practice.

(7) Continuing Education Unit (CEU)-Unit of credit customarily used for continuing education courses. One (1) continuing education unit equals ten (10) hours of class in an approved continuing education course.

(8) College/Unit Semester/Quarter Hour-Credit for course in ABET-approved programs or other related college course approved in accordance with subsection E of this section.

History

  • Authority: T.C.A. §§ 62-18-105(d) and 62-18-106(d).
  • Administrative History: Original rule filed October 28, 1993; effective January 11, 1994. Amendment filed November 17, 2014; effective February 15, 2015.
Tenn. Comp. R. & Regs. 0820-05-.03 BASIC REQUIREMENTS

(1) Every licensee is required to obtain the equivalent of thirty (30) PDH’s per biennial renewal period. These PDH’s may be obtained any time during the applicable renewal period. A minimum of two (2) PDH’s shall be earned by successfully completing a course or activity that has content areas focused on surveying ethics and standards of practice. If a licensee exceeds the biennial requirement in any renewal period, a maximum of fifteen (15) PDH’s may be carried forward to the subsequent renewal period. PDH’s may be earned as follows:

(a) Successful completion of college courses;

(b) Successful completion of continuing education courses;

(c) Presenting or attending qualifying seminars, webinars, in-house courses, workshops, or professional or technical presentations made at meetings, conventions, or conferences;

(d) Teaching or instructing in 1 through 3 above;

(e) Authoring published papers, articles, books, or accepted licensing examination items;

(f) Active participation in professional or technical societies (limited to two (2) PDH’s per organization and requires that the registrant serve as an officer and/or actively participate on a committee of that organization);

(g) Receiving a patent; or, (h) Active participation in educational outreach activities pertaining to professional licensure or the surveying profession which involve grades K-12 or higher education students.

(2) A registrant seeking biennial renewal of active registration must, as a prerequisite to renewal, submit satisfactory evidence to the Board of having obtained thirty (30) PDH's during the two (2) year period immediately preceding application for renewal (carryover hours, not exceeding fifteen (15) hours, from the next preceding renewal cycle may be included).

(3) A new registrant is not required to satisfy the continuing education requirements prescribed in this chapter as a prerequisite for the initial one (1) year period of active registration; however, a new registrant is required to obtain continuing education requirements for application toward the second year of the initial licensing period, if initial licensure includes two (2) years.

History

  • Authority: T.C.A. §§ 62-18-105(d) and 62-18-106(d).
  • Administrative History: Original rule filed October 28, 1993; effective January 11, 1994. Repeal and new rule filed November 17, 2014; effective February 15, 2015.
Tenn. Comp. R. & Regs. 0820-05-.04 CONVERSION TABLE

(1) Conversion of other units of credit to PDH’s is as follows:

(a) 1 college or unit semester hour ............................................................................ 45 PDH (b) 1 college or unit quarter hour ................................................................................ 30 PDH (c) 1 continuing education unit ................................................................................... 10 PDH (d) 1 hour of professional development in coursework, seminars, webinars or professional or technical presentations made at meetings, conventions or conferences ........... 1 PDH (e) Teaching any of (a) through (d) above ................................................ PDH value times 2 Teaching credit shall only be valid for the first offering or presentation. Full-time faculty may not claim teaching credit associated with regular duties of employment.

(f) Publications:

(1) Each published peer-reviewed paper or book in the registrant’s area of professional practice ................................................................................... 10 PDH (2) Each published paper or article, other than (f)(1) above, in the registrant’s area of professional practice ..................................................................................... 5 PDH (g) Active participation as an officer or committee member in professional and technical societies .................................................................................................................. 2 PDH (h) Each patent obtained ............................................................................................ 10 PDH (i) 1 hour of outreach activities ................................................ 1 PDH (not to exceed 3 PDH)

History

  • Authority: T.C.A. §§ 62-18-105(d) and 62-18-106(d).
  • Administrative History: Original rule filed October 28, 1993; effective January 11, 1994. Repeal and new rule filed November 17, 2014; effective February 15, 2015.
Tenn. Comp. R. & Regs. 0820-05-.05 TYPES OF ACCEPTABLE CONTINUING EDUCATION

(1) Continuing education activities for which credit may be given by the board include college and university courses which are awarded continuing education units (CEU’s), and those portions of technical meetings, seminars, webinars, tutorials, short courses and correspondence courses that are related to practice of land surveying.

(2) The Board will grant credit for only such continuing education activities that satisfy the following criteria:

(a) There is clear purpose and objectivity for each activity;

(b) The content of each presentation is well organized and presented in a sequential manner;

(c) There is evidence of pre-planning which should include the opportunity for input by the target group to be served;

(d) The presentation will be made by persons who are well-qualified by reason of education or experience; and, (e) There is provision for individual participant registration which will include information required for record keeping and reporting.

(3) The Board will grant no credit to a registrant for a course, technical meeting, seminar, webinar or tutorial repeated by the registrant within three (3) years (if credit was originally granted), unless, in the Board’s opinion, there is a substantial change in the content of such course, technical meeting, seminar, webinar or tutorial of the complexity of the subject matter that warrants award of additional credit.

(4) All activities submitted to the Board for continuing education credit are subject to approval by the Board.

History

  • Authority: T.C.A. §§ 62-18-105(d) and 62-18-106(d).
  • Administrative History: Original rule filed October 28, 1993; effective January 11, 1994. Amendment filed November 17, 2014; effective February 15, 2015.
Tenn. Comp. R. & Regs. 0820-05-.06 INACTIVE AND RETIRED REGISTRANTS

(1) A registered land surveyor in good standing may request in writing to be placed on the Board’s inactive or retired roll, thereby obtaining inactive or retired status.

(2) An inactive or retired registrant will be permitted to retain that registrant’s original certificate of registration by paying the fee for registration without submitting proof of complying with the continuing education requirements prescribed herein.

(3) An inactive or retired registrant may not engage in the practice of land surveying in the State of Tennessee. Any practice or offer to practice land surveying in the State of Tennessee by an inactive or retired registrant shall constitute misconduct for the purpose of Tennessee Code Annotated, Section 62-18-116(a)(1)(B) (grounds for revocation or suspension of certificate by the Board.)

History

  • Authority: T.C.A. §§ 62-18-105(d) and 62-18-106(d).
  • Administrative History: Original rule filed October 28, 1993; effective January 11, 1994. Amendment filed November 17, 2014; effective February 15, 2015.
Tenn. Comp. R. & Regs. 0820-05-.07 REINSTATEMENT TO ACTIVE REGISTRATION

(1) An inactive or retired registrant seeking to reinstate an inactive or retired registration of one (1) year or more must submit a request in writing to the Board with a fee of twenty-five dollars ($25.00) and must satisfy one (1) of the following requirements:

(a) Satisfaction of the biennial PDH requirement multiplied by the number of years of inactive or retired status up to a maximum of thirty (30) PDH’s; or (b) Successful completion of the Tennessee State Specific Land Surveying examination within one (1) year immediately prior to application for reinstatement.

(2) An inactive or retired registrant seeking to reinstate an inactive or retired registration of less than two (2) years must meet the biennial PDH requirement.

History

  • Authority: T.C.A. §§ 62-18-105(d) and 62-18-106(d).
  • Administrative History: Original rule filed October 28, 1993; effective January 11, 1994. Amendment filed November 17, 2014; effective February 15, 2015.
Tenn. Comp. R. & Regs. 0820-05-.08 NONCOMPLIANCE

Unless a request for inactive or retired status is made, any registrant failing to furnish the required continuing education form, properly completed and signed, shall not be granted renewal of registration by the Board and shall lose the right to practice land surveying in the State of Tennessee upon the expiration of registration.

History

  • Authority: T.C.A. §§ 62-18-105(d) and 62-18-106(d).
  • Administrative History: Original rule filed October 28, 1993; effective January 11, 1994. Amendment filed November 17, 2014; effective February 15, 2015.
Tenn. Comp. R. & Regs. 0820-05-.09 HARDSHIPS AND EXEMPTIONS

(1) Notwithstanding any other provision of this Chapter to the contrary, the Board may exempt a registrant from complying with all or part of the continuing education requirements for a given year in the following cases:

(a) A registrant affected by physical disability, illness, or other extenuating circumstances as reviewed and approved by the Board; provided that adequate supporting documentation is furnished to the Board.

(b) A non-career military registrant serving on active duty in the armed forces of the United States for a period of one hundred twenty (120) consecutive days in a calendar year; provided that the adequate supporting documentation is furnished to the Board.

(c) Those who are sixty-five (65) years of age or older who also have twenty-five (25) or more years of active registration; provided that adequate supporting documentation is furnished to the Board. Registrants under this exemption must still obtain the two (2)

PDH’s relative to surveying ethics and standards of practice as provided by rule 0820- 05-.03(1).

History

  • Authority: T.C.A. §§ 62-18-105(d) and 62-18-106(d).
  • Administrative History: Original rule filed October 28, 1993; effective January 11, 1994. Amendment filed November 17, 2014; effective February 15, 2015.
Tenn. Comp. R. & Regs. 0820-05-.10 REPORTS AND RECORDS

(1) Each registrant shall report, on a form provided by the Board, the continuing education activities undertaken during the preceding renewal period.

(2) The registrant shall maintain a file in which records of the activities are kept, including dates, subjects, duration of programs, printed program schedules, registration receipts or other proof of participation, and other appropriate documentation, for a period of three (3) years after the date of the program or activity.

History

  • Authority: T.C.A. §§ 62-18-105(d) and 62-18-106(d).
  • Administrative History: Original rule filed October 28, 1993; effective January 11, 1994. Amendment filed November 17, 2014; effective February 15, 2015.
Tenn. Comp. R. & Regs. 0820-05-.11 SPONSORS

Any sponsor that offers an organized continuing education program for which credit for the program will be requested shall keep a record or attendees at each session and shall furnish the Board a copy of the attendees within thirty (30) days of the conclusion of the program.

History

  • Authority: T.C.A. §§62-18-105(d) and 62-18-106(d).
  • Administrative History: Original rule filed October 28, 1993; effective January 11, 1994.
Tenn. Comp. R. & Regs. 0820-05-.12 APPROVAL OF PROGRAMS

(1) Approval of any program may be granted for a period of two (2) years from the date of approval to a sponsoring organization or individual if the following information is submitted to the Board:

(a) Instructors and their qualifications; and, (b) Synopsis of course material.

(2) No sponsor may provide any continuing education course(s) without prior approval from the Board.

(3) Upon completion of the approved course the sponsor shall submit to the Board the record of attendees as provided in Rule 0820-05-.11 above and time, place and schedule of activities.

History

  • Authority: T.C.A. §§ 62-18-105(d) and 62-18-106(d).
  • Administrative History: Original rule filed October 28, 1993; effective January 11, 1994. Repeal and new rule filed November 17, 2014; effective February 15, 2015.
Tenn. Comp. R. & Regs. 0820-05-.13 AUDITS

The Board may conduct random audits of continuing education activities and registrants participation therein. Should deficiencies be discovered, registrants will be notified and have six (6) months to satisfy the deficiencies, except where such audits reveal fraudulent misrepresentations to have been made by a registrant.

History

  • Authority: §§ 62-18-105(d) and 62-18-106(d).
  • Administrative History: Original rule filed October 28, 1993; effective January 11, 1994.
Tenn. Comp. R. & Regs. 0820-05-.14 COMITY

(1) The Board will deem a registrant to have met the continuing education requirements provided herein if such registrant, when making submission of continuing education toward renewal of Tennessee registration, certifies in writing the following:

(a) The registrant resides in another state or territory which has been recognized by the Tennessee Board and shall satisfy all continuing education requirements for renewal in Tennessee.

History

  • Authority: T.C.A. §§ 62-18-105(d) and 62-18-106(d).
  • Administrative History: Original rule filed October 28, 1993; effective January 11, 1994. Repeal and new rule filed November 17, 2014; effective February 15, 2015.
Tenn. Comp. R. & Regs. 0820-05-.15 ADVISORY COMMITTEE

The Board may appoint an advisory committee to assist the Board in evaluating continuing education programs to determine the allowable credit to be awarded.

History

  • Authority: T.C.A. §§62-18-105(d) and 62-18-106(d).
  • Administrative History: Original rule filed October 28, 1993; effective January 11, 1994.

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