CHAPTER
Lan 100 DEFINITIONS, ORGANIZATION AND
PUBLIC INFORMATION
PART
Lan 101 PURPOSE AND SCOPE
Lan 101.01 Purpose and Scope. The rules of this title implement the
statutory responsibilities of the New Hampshire board of licensure for land
surveyors created by RSA 310-A:53. These
provisions regulate but are not limited to the licensing of land surveyors and
the practice of land surveying in the state of New Hampshire.
Source. #2386, eff 6-16-83; ss by #3030, eff 5-28-85;
ss by #5555, eff 1-15-93; ss by #5934, eff 12-9-94, EXPIRED: 12-9-00
New. #7425, INTERIM, eff 1-13-01, EXPIRED: 7-12-01
New. #7547,
eff 8-25-01
PART
Lan 102 DEFINITIONS
Lan 102.01 Terms Used. As used in these rules, the following terms
shall have the meanings indicated:
(a)
“Board” means the New Hampshire board of licensure for land surveyors
created by RSA 310-A:53.
(b)
“Board administrator” means the board’s staff director, a person with
delegated authority to perform administrative and clerical functions for the
board.
(c)
“Certificate of authorization” means, certificate of authorization as
defined in RSA 310-A:54, I-b namely, “any certificate issued by the board to a
business organization to engage in the practice land surveying.”
(d)
“Land surveyor” means, land surveyor as defined in RSA 310-A:54, II
namely “ a professional specialist in the techniques of measuring land,
educated in the basic principles of mathematics, the related physical and
applied sciences, and the relevant requirements of law for adequate evidence
and all requisite to the surveying of real property and engaged in the practice
of land surveying as herein defined.”
(e)
“Land surveyor-in-training” means land surveyor-in-training as defined
in RSA 310-A:54, III namely “a candidate for licensure as a land surveyor who,
prior to completion of the requisite years of experience in surveying work
provided in RSA 310-A:63, has met the preliminary requirements for licensure as
a land surveyor, and has been issued a certificate by the board stating that
such candidate is a land surveyor-in-training.”
(f)
“Land Surveyor Retired” The term “land surveyor retired” shall mean a
person who has been licensed as a land surveyor by the board and who chooses to
relinquish or not to renew a license and who applies for the honorary status of
“land surveyor, retired.”
(g) "Practice of land surveying" means,
practice of land surveying as defined in RSA 310-A:53, IV, namely “any service
or work, the adequate performance of which involves the application of special
knowledge of the principles of mathematics, the related physical and applied
sciences and the relevant requirements of law for adequate evidence to the act
of measuring and locating lines, angles, elevations, natural and man-made
features in the air, on the surface of the earth, within underground workings,
and on the beds of bodies of water for the purpose of determining areas and
volumes, for the monumenting of property boundaries
and for the platting and layout of lands and subdivisions of land, including
the topography, alignment, and grades of streets and for the preparation and
perpetuation of maps, record plats, field note records and property descriptions
that represent these surveys.”
Source. #5934, eff 12-9-94, EXPIRED: 12-9-00
New. #7425, INTERIM, eff 1-13-01, EXPIRED: 7-12-01
New. #7547,
eff 8-25-01
PART
Lan 103 BOARD ORGANIZATION
Lan 103.01 Duties and Responsibilities. The board shall administer the provisions of
RSA 310-A:53-74 which include but are not limited to safeguarding property, to
promoting public welfare and maintaining a high standard of integrity, skills
and practice in the profession of land surveying in this state.
Source. #5934, eff 12-9-94, EXPIRED: 12-9-00
New. #7425, INTERIM, eff 1-13-01, EXPIRED: 7-12-01
New. #7547,
eff 8-25-01
Lan 103.02 Composition of the Board. The board shall consist of 5 members who meet
the eligibility requirements of RSA 310-A:55.
Source. #5934, eff 12-9-94, EXPIRED: 12-9-00
New. #7425, INTERIM, eff 1-13-01, EXPIRED: 7-12-01
New. #7547,
eff 8-25-01
Lan 103.03 The Chairperson and Vice Chairperson. The chairperson shall preside at all meetings. In
the absence of the chairperson, the vice-chairperson shall preside.
Source. #7547,
eff 8-25-01
Lan 103.04 Staff.
The board shall designate a board administrator and such other staff
members as are necessary to perform the record-keeping and other statutory
functions of the board and to oversee the board’s day-to-day operations.
Source. #7547,
eff 8-25-01
Lan 103.05 Organization. Beginning with the regular meeting in October
and annually thereafter, the board shall meet and organize and, by election
from among its members, select a chairperson, vice-chairperson and secretary.
Source. #7547,
eff 8-25-01
Lan 103.06 Seal. The seal of the board shall be an embossed
circular seal consisting of 2 concentric circles, the outer circle having a
diameter of 2 inches and an inner circle having a diameter of 1.7 inches. In the space between the 2 circles there
shall be the words "Board of Licensure for Land Surveyors". At the top of the seal, inside of the inner
circle, shall be the words "New Hampshire." In the center space there shall be a
representation of the Old Man of the Mountain.
Source. #7547,
eff 8-25-01
Lan 103.07 Office Hours, Office Location, Mailing
Address and Telephone.
(a)
The board’s office shall be located at the New Hampshire Office of
Professional Licensure and Certification, 121 South Fruit Street, Concord, N.H.
and shall be open to the public weekdays, excluding holidays, from 8:00 a.m. to
4:00 p.m.
(b)
Correspondence shall be addressed to the board’s administrator at:
New
Hampshire Office of Professional Licensure and Certification
121
South Fruit Street
Concord,
N.H. 03301
Source. #7547,
eff 8-25-01; ss by #12029, eff 11-1-16
PART
Lan 104 PUBLIC INFORMATION
Lan 104.01 Record
of Board Actions. Minutes shall be
kept of board meetings and of official actions taken by the board. Minutes of board actions which are not
confidential under RSA 91-A:3, II or RSA 91-A:5 shall be a governmental records
and shall be available for inspection during the board’s ordinary office hours
within 5 days from the close the meeting or vote in questions unless the 72
hours availability requirement of RSA 91-A:3, III is applicable.
Source. #5934, eff 12-9-94, EXPIRED: 12-9-00
New. #7425, INTERIM, eff 1-13-01, EXPIRED: 7-12-01
New. #7547,
eff 8-25-01; ss by #12029, eff 11-1-16
Lan 104.02 Custodian of Records. Persons desiring
copies or board records shall submit a request which identifies as particularly
as possible the information being sought and agrees to pay the actual costs
incurred by the board for the documents provided. If records are requested which contain both
public and confidential information, the board shall delete the confidential
information and provide the remaining information.
Source. #7547,
eff 8-25-01
Lan 104.03 Roster Distribution. Copies of a roster containing names,
addresses, and assigned numbers of licensed land surveyors shall be furnished
upon request. The fee shall be $10.00.
Source. #7547,
eff 8-25-01
PART Lan 105 MEETINGS, DELIBERATIONS AND DECISIONS
Lan 105.01 Meetings. Regular meetings shall be held at least 4
times each year. Special meetings shall
be called by order of the chairperson or secretary. Each member of the board shall be notified in
writing of each meeting and such notice shall contain
the place, date, time, and subject of the meeting. Notice of meetings shall be posted at the
board office and the state house.
Source. #5934, eff 12-9-94, EXPIRED: 12-9-00
New. #7425, INTERIM, eff 1-13-01, EXPIRED: 7-12-01
New. #7547,
eff 8-25-01
Lan 105.02 Quorum. A quorum of the board shall consist of not
less than 3 members and a majority vote by the members present shall be
necessary to pass a motion unless otherwise specified by law. In the absence of the chair, vice chair, or
secretary, the chair shall designate a pro tempore
officer for the officer or officers absent.
Source. #7547,
eff 8-25-01
Lan 105.03 Board Meeting Procedures. The board shall conduct its meetings in the
following order:
(a)
Acceptance of the agenda;
(b)
Reading of the minutes;
(c)
Interviews/meetings;
(d)
Reading of communications;
(e)
Reading and consideration of applications;
(f)
Unfinished business;
(g)
New business; and
(h)
Adjournment.
Source. #7547,
eff 8-25-01
Lan 105.04 Procedures. Roberts Rules of Order, 9th edition dated 1990 shall govern the procedures of the board.
Source. #7547,
eff 8-25-01
Lan 105.05 Tentative Decisions.
(a)
When necessary to conduct the board’s business in a timely and efficient
manner, the board shall instruct its staff or a committee of the board to
prepare a draft document, subject to subsequent review and approval by the
board. Such instructions shall be known
as tentative decisions.
(b)
Tentative decisions shall not be final actions, and
shall not be binding upon the board.
Changes in the form or the substance of a tentative decision shall be
made as often as necessary to produce a final document, which satisfactorily
sets forth the final result the board intends to
reach. The board’s final decision shall be issued only when the
necessary majority has voted in favor of the final form of the proposed action,
allowing time for printing or servicing the document in question.
Source. #7547,
eff 8-25-01
PART
Lan 106 APPOINTMENT OF COMMITTEES
Lan 106.01 Committees.
(a)
A committee shall consist of one or more of
board members who have been directed by the board to investigate and make
recommendations on matters which could be handled by the full board.
(b)
When expressly authorized by the board, the authority of a committee
shall include:
(1) The retention of voluntary assistance from
qualified non-board members; and
(2) The retention of paid advisors or consultants
pursuant to RSA 332:G-3.
Source. #5934, eff 12-9-94, EXPIRED: 12-9-00
New. #7425, INTERIM, eff 1-13-01, EXPIRED: 7-12-01
New. #7547,
eff 8-25-01
CHAPTER Lan 200 PRACTICE AND PROCEDURE
REVISION
NOTE:
Document #14533, effective 4-1-26,
repealed all of previous chapter Lan 200 and adopted
new text.
PART
Lan 201 PRACTICE AND PROCEDURE
Lan 201.01 Rules of Practice and
Procedure. The Plc 200 rules shall govern with
regards to all procedures for:
(a) The receipt and investigation of misconduct complaints;
(b) The conduct of adjudicative and
non-adjudicative proceedings;
(c) Rulemaking submissions, considerations, and
dispositions of rulemaking petitions;
(d) Public comment hearings;
(e) Declaratory rulings;
(f) Explanation of adopted rules;
(g) Voluntary surrender of licenses; and
(h) Waivers.
Source.
#14533, eff 4-1-26
CHAPTER
Lan 300 LICENSURE REQUIRMENTS
PART
Lan 301 APPLICATION REQUIREMENTS
Lan 301.01
Application Process.
(a)
Each person wishing to become licensed as a land surveyor shall complete
and submit an application for licensure form which
contains the information specified in Lan 301.02, including the application fee
specified in Lan 304.02.
(b)
An application for licensure form, which is not signed by the applicant,
or is not accompanied by cash, valid credit card, or a valid check for the
application fee, shall not be accepted and shall be returned to the applicant.
(c)
A person whose application for licensure does not meet the requirements
specified in RSA 310-A:63 shall be denied.
(d)
If the application is denied, the applicant shall be provided
an opportunity to request a hearing pursuant to Lan 213 on the deficiency
issues identified by the board. Any such request shall be made in writing and
submitted to the board within 30 days of the receipt
of the notification of denial.
(e)
Applications which are abandoned or about which there has been no
communication by the applicant to the board for one year shall be destroyed.
Source. #2386, eff 6-16-83; ss by #3030, eff 5-28-85;
ss by #5555, eff 1-15-93; ss by #5934, eff 12-9-94, EXPIRED:
12-9-00
New. #7425, INTERIM, eff 1-13-01, EXPIRED: 7-12-01
New. #7549, eff 8-25-01; ss by #9340, eff 1-1-09;
ss by #12031, eff 11-1-16
Lan 301.02 Application for Licensure.
(a)
Each applicant for licensure shall provide, or cause to be provided, the
following on or with an application for licensure form:
(1) The applicant’s name, including any names
previously used;
(2) The applicant’s
residence and business name and title, addresses, telephone numbers and e-mail address;
(3) The applicant’s date and place of birth;
(4) The applicant’s positions, dates of
employment, type of services provided, title, and present address of all
employers/clients referenced;
(5) Position title and description of duties for
each position including location and character of each position
and degree of responsibility;
(6) Name and present address of someone familiar
with each position listed in (5) above;
(7) The applicant’s educational history including:
a. The names of all high school and
post-secondary institutions attended;
b. The dates of attendance and degrees awarded;
and
c. Certified copies of transcripts from all
post-secondary institutions attended;
(8) If applicable, the state in which the
applicant was first registered or licensed as a land surveyor, date of
licensure, and license number;
(9) Whether the applicant has ever applied for
land surveying licensure in New Hampshire and the status;
(10) A listing of every state in which the
applicant holds or has ever held registration/licensure as a land surveyor
including license number, year, state, number of hours of written examination,
whether the license was reciprocity or grandfather and whether the license is
active or lapsed;
(11) Whether the applicant still holds the registrations/licenses
listed in (8) above and if not, the reasons why, using additional pages as necessary;
(12) Whether the applicant has ever lost or been
denied registration/licensure as a land surveyor or disciplined by another
licensing board in any other state and if so, an explanation of the circumstances;
(13) Whether the applicant has ever taken the
NCEES Fundamentals of Surveying examination, and if so, the state, date, total
number of hours of written exam, the certificate number, and grade awarded;
(14) Whether the
registrations/licenses listed in (10) above as a land surveyor
were issued by NCEES examination, if not how and if so, the
locations, dates and grades awarded;
(15) Whether the applicant has ever been convicted
of any felony or any misdemeanor, or a violation involving land surveying or
the practice of land surveying and if so, the name of the court, the details of
the offense and the date of conviction and the sentence imposed;
(16) The names, complete addresses, occupation, and business relationship with
the applicant of 5 references as specified in Lan 301.03,
provided that current board members shall not be accepted as references;
(17) A list of current memberships in professional
or scientific societies, which shall include name of organization, location,
grades, dates of memberships and any additional
experience information the applicant wishes to provide;
(18) Whether the applicant is applying for
facilitated licensure as a military spouse;
(19) The applicant’s social security number required
pursuant to RSA 161-B:11, VI-a;
(20) An affidavit acknowledging that the applicant
has provided correct and true information;
(21) The survey reports as specified in Lan 302.04
(b); and
(22) The applicant’s signature and date.
(b)
Applicants shall pay the application fee specified in Lan 304.01.
(c)
Verification of licensure and examination shall be obtained by the
candidate for licensure and submitted to the board directly from the verifying
state for approval, by using the form described in Lan 301.06.
Source. #5934, eff 12-9-94, EXPIRED: 12-9-00
New. #7425, INTERIM, eff 1-13-01, EXPIRED: 7-12-01
New. #7549, eff 8-25-01; ss by #9340, eff 1-1-09;
ss by #12031, eff 11-1-16
Lan 301.03 References Required. Each applicant for licensure shall provide
the board with the names and addresses of not fewer than 5 individuals, not
related to the applicant, as references.
At least 3 shall be licensed land surveyors
having detailed knowledge of the applicant's land surveying experience. The board shall contact any individuals,
companies, or institutions whose names appear in any part of the completed
application, if information submitted is unclear.
Source. #5934, eff 12-9-94, EXPIRED: 12-9-00
New. #7425, INTERIM, eff 1-13-01, EXPIRED: 7-12-01
New. #7549, eff 8-25-01; ss by #9340, eff 1-1-09;
ss by #12031, eff 11-1-16
Lan 301.04 Information from References.
(a) The person providing the reference
shall be requested to provide the following on a
reference form:
(1) The applicant’s name;
(2) The reference’s name and address,
relationship to the applicant, and status as a land surveyor as defined by RSA
310-A:54;
(3)
How long the reference has known
the applicant;
(4) Whether the reference is a licensed land
surveyor and if so license number and in what State;
(5) Whether the applicant has practical
experience in deed research or drafting of deed
descriptions, preparatory to the conveyance of land;
(6) Whether the applicant is adequately informed
of the rules of evidence and boundary law to effectively perform the duties
ordinarily required of a land surveyor and an estimate of the period of time the applicant has been performing these
duties and a description of that experience;
(7) Whether the applicant has spent a portion of
his or her professional career in responsible charge of a survey office and an
estimate of the period the applicant has been performing these duties;
(8) Whether the reference knows anything that
reflects adversely on the integrity or good general character of the applicant;
(9) Whether the reference is in
a position to pass judgment on the adequacy of the applicant’s work and
an explanation of under what conditions the reference is familiar with the
applicant’s work;
(10) Any other comments the reference determines will help the Board in determining the
applicant’s suitability for licensure as a land surveyor;
(11)
Acknowledgement that the reference is aware the reference will be filed with
the applicant’s application; and
(12) Signature of reference and date.
(b)
No reference form shall be accepted except submissions made directly to
the board by the person completing said reference form.
(c)
If the potential referee feels that he or she cannot properly evaluate
the candidate, he or she shall return the reference form to the board, which
shall then request the candidate provide a further reference.
Source. #7549, eff 8-25-01; ss by #9340, eff 1-1-09;
ss by #12031, eff 11-1-16
Lan 301.05 Additional References. The applicant shall provide the names and
addresses of additional references if the original information provided by the
references is unclear, incomplete, contradictory, or outdated.
Source. #7549, eff 8-25-01; ss by #9340, eff 1-1-09;
ss by #12031, eff 11-1-16
Lan 301.06
Request for Verification of Licensure or Examination Form.
(a)
Applicants shall arrange for the verifying board to
send the Request for Verification of Licensure or Examination form directly to
the board.
(b)
The Request for Verification of Licensure or Examination form shall
contain the following information:
(1) To be completed by the applicant:
a. The applicant’s name;
b. The applicant’s date of birth; and
c. The applicant’s address; and
(2) To be completed by the verifying board:
a. The license(s) obtained by the applicant,
including the certificate number, the date of issue, and the date of expiration;
b. The minimum requirements for licensure,
including the following information:
1. If a written examination:
i. Whether the examination was the principles
and practice of engineering, the fundamentals of engineering, the principles
and practice of land surveying, the fundamentals of land surveying, or another discipline;
ii. The hours required for the examination;
iii. The results of the examination;
iv. Whether the exam was the NCEES exam; and
v. The date the exam was taken;
2.
If the verifying board accepted an EIT or LSIT credential, from where such
credential was accepted;
3.
If an oral
examination, the hours required for the exam;
4. If the license was granted as a reciprocal
license, the state in which the licensee was originally licensed;
5. If the licensee obtained the license through
education and experience only, a description of that education and experience;
or
6. A description of any other minimum standards
used by the verifying board to grant a license; and
c. Using the “yes” or “no” boxes provided,
whether the applicant has ever had any disciplinary action taken against him or
her by the verifying board and, if yes, whether the disciplinary case has been
satisfied to the verifying board’s requirements;
d. Using the “yes” or “no” boxes provided,
whether the NCEES Cut-Score was used and, if no, an explanation for the reasons
for not using it;
e. The name of the state providing the verification;
f. The name of authorized person completing the form;
g. The title of the authorized person completing
the form;
h. The date the form
was completed; and
i. The verifying board’s seal in the space
provided.
Source. #7549, eff 8-25-01; ss by #9340, eff 1-1-09;
ss by #12031, eff 11-1-16
Lan 301.07 Certificate of Authorization Application.
(a)
Certificate of authorization application forms for land
surveying corporations, partnerships, and proprietorships shall be provided by
the board upon request.
(b)
Pursuant to RSA 310-A:65-a, the land surveying company shall submit a
completed typewritten application form.
(c)
The applicant shall provide the following on the application for
certificate of authorization form:
(1) Complete name and address of the corporation,
partnership, or proprietorship;
(2) Whether the application is for a corporation,
partnership, or proprietorship;
(3) Whether the application is new or a renewal;
(4) Certificate of authorization number for
renewal applicants;
(5) Name and addresses of
officers or partners;
(6) Names, addresses, New Hampshire land surveyor
license numbers, statuses of personnel responsible for all land surveying
activities and decisions;
(7) The name of a person or persons legally
authorized to sign for the corporation, partnership or proprietorship;
(8) Name and e-mail address of a contact person
for the firm;
(9) A statement acknowledging that the applicant
has provided correct and true statements in the application;
(10)
Acknowledgment that the provision of false information
in the application is a basis for denial and for disciplinary
action by the board; and
(11) Applicant’s signature and date.
(d)
The completed certificate of authorization application form
shall be submitted to the joint board office with the fee specified in Lan
304.01.
Source. #12031, eff 11-1-16 (from Lan 301.06)
Lan 301.08 Application for Surveyor-in-Training.
(a) Each applicant for the fundamentals of land
surveying examination shall provide, or cause to be provided, the following on
a surveyor-in-training application form, available online at the board’s
website, www.nh.gov/jtboard/lsforms.htm:
(1) The applicant’s name;
(2) The applicant’s residence and school or
business addresses;
(3) The applicant’s telephone numbers;
(4) The
applicant’s e-mail address;
(5) The applicant’s date of birth;
(6) The applicant’s educational history including the names of all institutions attended, and the
dates of attendance;
(7) Whether the applicant has
ever applied for certification as a surveyor in training, and if so, the
location, date and grade awarded;
(8) An affidavit acknowledging that the applicant
has provided correct and true statements in the application; and
(9) The applicant’s signature.
(b)
Applicants shall pay the application fee specified in Lan 304.02.
Source. #12031, eff 11-1-16
PART Lan 302 QUALIFICATIONS
OF APPLICANTS
Lan 302.01 Terms Used.
(a)
"Plat" means a plan drawn to scale showing all essential data
pertaining to the boundaries and subdivisions of a tract of land, as determined
by survey.
(b) "Topographic survey"
means a survey to determine the configuration, relief or elevation of a portion
of the earth's surface, including the location of natural and/or man-made
features thereon.
(c)
"Monument" means a physical object, natural or artificial in
nature, which marks the location of a corner or other survey point.
Source. #2386, eff 6-16-83; ss by #3030, eff 5-28-85;
ss by #5555, eff 1-15-93; ss by #5934, eff 12-9-94, EXPIRED:
12-9-00
New. #7425, INTERIM, eff 1-13-01, EXPIRED: 7-12-01
New. #7549, eff 8-25-01; ss by #9340, eff 1-1-09;
ss by #12031, eff 11-1-16
Lan
302.02 Candidate Requirements.
(a)
Candidates for licensure shall meet the requirements established by RSA
310-A:63 before a license shall be granted.
The board shall require documentation of the applicant's education and
work products to help determine competency.
(b)
The candidate shall have committed no
misconduct as set forth in RSA 310-A:70.
The board shall consider all available evidence for all candidates for
licensure, prior to granting a license.
Substantiated evidence of failure to adhere to the ethical standards of
the profession or misconduct as set forth in RSA 310-A:70 shall, after notice and opportunity for hearing, result in denial of licensure to any candidate.
Source. #5934, eff 12-9-94, EXPIRED: 12-9-00
New. #7425, INTERIM, eff 1-13-01, EXPIRED: 7-12-01
New. #7549, eff 8-25-01; ss by #9340, eff 1-1-09;
ss by #12031, eff 11-1-16
Lan
302.03 Experience Requirements.
(a)
As required by RSA 310-A:63, as minimum evidence satisfactory to the
board that a person is qualified to be considered for licensing as a
professional land surveyor, he or she shall have a specific record of 6 years
or more accumulated experience in land surveying work.
(b)
Candidates enrolled as a full-time student in a college or a university
pursuing a curriculum of surveying, engineering, forestry, or forestry
technician shall be credited with one year of land surveying experience for
each school year in which the candidate successfully completed at least one
course in land surveying. Total
education credits claimed towards the experience required pursuant
to Lan 302.03 (a) under this section shall not exceed 4 years accumulated
experience.
(c)
Professional experience shall be attained while under the direct
full-time supervision of a licensed land surveyor, and consist of 2 years
demonstrated proficiency in the following areas:
(1) Performing and being responsible for research;
(2) Coordination of field surveys and field crews;
(3) Computations
(4) Boundary line determinations;
(5) Preparation of plans; and
(6) Monumentation of surveyed positions.
(d)
Experience shall be progressive on land surveying projects to indicate
that the experience is of increasing quality and requiring greater
responsibility.
(e)
Experience shall not be obtained in violation of RSA 310-A:53.
(f)
Experience gained in the armed services, to be creditable, shall be of a
character equivalent to that which would have been gained in the civilian
sector doing similar work.
(g)
Experience shall be gained under the supervision of a licensed land
surveyor and if not, an explanation shall be made showing why the experience
should be considered acceptable.
(h)
Teaching experience to be creditable shall be at an advanced level in
land surveying curriculum.
(i) A majority of the
experience of the candidate shall be spent in work related to boundary line
determination.
(j)
Experience gained in the armed services, to be creditable, shall be of a
character equivalent to that which would have been gained in the civilian
sector doing similar work. The applicant
while in the armed services shall have served in a land surveying or land
surveying-related group.
Source. #5934, eff 12-9-94, EXPIRED: 12-9-00
New. #7425, INTERIM, eff 1-13-01, EXPIRED: 7-12-01
New. #7549, eff 8-25-01; ss by #9340, eff 1-1-09;
ss by #12031, eff 11-1-16
Lan 302.04 Additional Requirements.
(a)
Each applicant shall demonstrate to the board by submission of a professional
portfolio consisting of 3 to 6 land surveying projects, and survey reports,
compliance with RSA 310-A:63, I in the following areas:
(1) Project management;
(2) Research;
(3) Field survey;
(4) Survey computations;
(5) Legal principles, reconciliation, boundary determination;
(6) Survey monumentation;
(7) Preparing boundary and topographic survey plats;
(8) Preparing legal descriptions; and
(9) Project correspondence.
(b)
Each applicant shall complete and submit a survey report form for each project
submitted pursuant to Land 302.04 (a) that includes:
(1) The applicant’s name;
(2) The project name;
(3) Inclusive dates;
(4) The name and license number of the
supervising licensed land surveyor;
(5) Summary descriptions;
(6) Task description including a description of
the work and the hours in responsible charge;
(7) A certification signed and dated by the
supervising licensed land surveyor indicating that the work experience
contained in the report accurately describes the work performed and the level
of responsibility assumed by the individual; and
(8) Optional additional remarks of the
supervisor.
Source. #5934, eff 12-9-94, EXPIRED: 12-9-00
New. #7425, INTERIM, eff 1-13-01, EXPIRED: 7-12-01
New. #7549, eff 8-25-01; ss by#9340, eff 1-1-09;
ss by #12031, eff 11-1-16
Lan 302.05 Business Organization Certificate Requirements.
(a)
Business organizations offering land surveying services in the state of
New Hampshire shall obtain a certificate of authorization for a business
organization. Failure to obtain or renew
a valid certificate of authorization by a land surveying corporation,
partnership or proprietorship shall result in disciplinary action pursuant to
RSA 310-A:70.
(b) A land surveying corporation, partnership,
or proprietorship shall meet the requirements established pursuant to
RSA 310-A:53, V. For
the purpose of complying with the statute, full time is defined as being
on the premises or on-call whenever New Hampshire
based land surveying is being performed.
(c)
No licensed land surveyor shall be designated as a supervising
professional by more than one firm, except in the case of a full or part-time
secondary occupation or employment by a firm which is totally owned by one or
more of the licensed land surveyors whose license is used to qualify the firm
for certification as a business organization.
Source. #7549, eff 8-25-01; ss by #9340, eff 1-1-09;
ss by #12031, eff 11-1-16
PART Lan 303
EXAMINATION
Lan
303.01 Examination Requirements.
(a) The board shall hold examinations on dates
set by the National Council of Examiners for Engineering and Surveying (NCEES)
as follows:
(1) The fundamentals of surveying national
examination created and graded by NCEES shall be administered using
computer–based testing at NCEES test centers on dates set by NCEES;
(2) The principles of land surveying national
examination created and graded by NCEES shall be administered using
computer-based testing at NCEES test centers on dates set by NCEES; and
(3) The New Hampshire legal aspects examination
shall be held at an available facility in New Hampshire at 8:00 a.m semi-annually in April and October.
(b)
All applicants shall be required to pass the fundamentals of land
surveying examination and the professional land surveyor's examination as
prepared and graded by (NCEES), and the New Hampshire legal aspects examination
as prepared and graded by the New Hampshire board of licensure for land
surveyors. The New Hampshire legal
aspects examination shall test the applicant's knowledge of New Hampshire
statute and case law and the practice of land surveying in New Hampshire.
(c)
Applications, supporting documentation and the fee required pursuant to
Lan 304.02 shall be received in the board office by January 1st for
the April examination and July 1st for the October examination.
Source. #2386, eff 6-16-83; ss by #3030, eff 5-28-85;
ss by #5555, eff 1-15-93; ss by #5934, eff 12-9-94, EXPIRED:
12-9-00
New. #7425, INTERIM, eff 1-13-01, EXPIRED: 7-12-01
New. #7549, eff 8-25-01; ss by #9340, eff 1-1-09; amd by #10440, eff 11-1-13; ss by #12031, eff 11-1-16
Lan 303.02 Re-examinations.
(a) A candidate failing an
examination may apply for re-examination for the principles of land surveying
and the NH legal aspects exam at the expiration of 6 months,
and shall pay an additional exam fee.
(b)
Before subsequent re-examination shall be granted, a candidate failing
the examination 3 times shall submit proof of compliance with any 2 of the
following:
(1) An advanced survey course presented by a
professional association or college with a passing grade where grades are
awarded or attendance verification where grades are not awarded;
(2) A written report of study of a textbook
relevant to the practice of land surveying submitted to the board which shall
meet the following criteria for review and approval:
a. Acceptable textbooks shall include technical
or ethical content relevant to the practice of land surveying;
b. The written report shall include:
1. A detailed
description of the particular aspect of land surveying
covered by the textbook studied;
2. A detailed description of the content of the
textbook as it relates to land surveying principles and procedures; and
3. A detailed
description of the practical application of the technical or ethical content of
the textbook studied; or
(3) A written report of one on
one independent study, with supervision and verification by a licensed
land surveyor, submitted to the board, which includes the following for review
and approval:
a. Licensee name and license number;
b. A certification signed by the licensee of supervision of the candidate; and
c. The written report shall include:
1. A detailed
description of the independent study as it relates to land surveying principles
and procedures; and
2. A detailed description of the practical
application of the technical or ethical issues studied.
(c)
On the job training, and day to day work as a
land surveyor-in-training shall not be considered to meet the requirements of
Lan 303.02 (b).
(d)
A candidate shall submit proof of additional compliance before
subsequent re-examination shall be permitted if the candidate fails to
pass the examination after demonstrating compliance with Lan 303.02 (b).
Source. #5934, eff 12-9-94; ss by #6929-B, eff
1-12-99, EXPIRED: 1-12-07
New. #8806, INTERIM, eff 1-23-07, EXPIRED: 7-22-07
New. #8960, eff 8-9-07;
ss by #9340, eff 1-1-09; amd by #10440, eff 11-1-13;
ss by #12031, eff 11-1-16
PART Lan 304 APPLICATION/LICENSURE FEES
Lan 304.01 Fees.
(a)
All fees shall be in the form of cash, money order, bank draft, credit
card, or check made payable to Treasurer, State of New Hampshire and shall be
non-refundable.
Source. #5934, eff 12-9-94; ss by #6929-B, eff
1-12-99, EXPIRED 1-12-07
New. #8806, INTERIM, eff 1-23-07, EXPIRED: 7-22-07
New. #8960, eff 8-9-07;
ss by #9340, eff 1-1-09; ss by #12031, eff 11-1-16
Lan 304.02 Application/Licensure Fees.
(a)
The application fee for licensure as a land surveyor shall be $120.00.
(b) The fee for the
professional land surveyors exam and each re-exam
shall be $75.00.
(c) The fee for the
fundamentals of land surveying application and each re-application shall be
$75.00.
(d)
Re-exam fees shall be the same as initial exam fee indicated in
Lan 304.02(b), (c) and (g).
(e)
The fee for the application for a certificate of authorization shall be
$50.00 for a proprietorship, $75.00 for a corporation or partnerships.
(f)
The fee for verification of licensure shall be $25.00.
(g)
The fee for the New Hampshire legal aspects exam shall be $125.00.
(h)
The fee for a temporary permit shall be $300.00.
Source. #5934, eff 12-9-94; ss by #6929-B, 1-12-99; amd by #7549, eff 8-25-01; amd by
#7950, eff 9-10-03; ss by #9340, eff 1-1-09; amd by
#10440, eff 11-1-13; ss by #12031, eff
11-1-16
Lan 304.03 Replacement Fee. The fee for replacement of a lost or
mutilated certificate of licensure shall be $30.00.
Source. #5934, eff 12-9-94; ss by #6929-B, 1-12-99,
EXPIRED: 1-12-07
New. #8806, INTERIM, eff 1-23-07, EXPIRED: 7-22-07
New. #8960, eff 8-9-07;
ss by #9340, eff 1-1-09; ss by #12031, eff 11-1-16
Lan 304.04 License Renewal Fee. The biennial license fee shall be $150.00. If
the renewal fee is not received by the date of expiration, there shall be a
reinstatement fee of $30.00 per month assessed.
Source. #5934, eff 12-9-94; ss by #6929-B, 1-12-99;
ss by #7950, eff 9-10-03; ss by #9340, eff 1-1-09; ss by #12031, eff 11-1-16
Lan 304.05 Certificate of Authorization Renewal Fee. The annual renewal fee for proprietorships
shall be $50.00, and $75.00 for partnerships or corporations.
Source. #5934, eff 12-9-94; ss by #6929-B, 1-12-99;
ss by #7950, eff 9-10-03; ss by #9340, eff 1-1-09; ss by #12031, eff 11-1-16
(from Lan 304.06)
Lan 304.06 Retired Status Fee. The biennial fee for retired status shall be
$10.00.
Source. #5934, eff 12-9-94; ss by #6929-B, 1-12-99;
ss by #7950, eff 9-10-03; ss by #9340, eff 1-1-09; ss by #9340, eff 1-1-09; ss
by #12031, eff 11-1-16 (formerly Lan 304.07)
PART Lan 305 CREDENTIALS
Lan 305.01 License. An applicant for licensure as a licensed land
surveyor who has met satisfactorily all the requirements of RSA 310-A and who
has paid all applicable fees, shall be issued a license by the board
authorizing the practice of land surveying.
Source.
#1876, eff 12-3-81; ss by #3030, eff 5-28-85; ss by #5555, eff 1-15-93; ss by
#5934, eff 12-9-94, EXPIRED:
12-9-00
New. #7425, INTERIM, eff 1-13-01, EXPIRED: 7-12-01
New. #7549, eff 8-25-01; ss by #9340, eff 1-1-09;
ss by #9340, eff 1-1-09; ss by #12031, eff 11-1-16
Lan 305.02 Pocket Cards. Biennially, the board shall issue a pocket
card upon acceptance of the biennial renewal form and fee. The card shall
certify that the land surveyor holds a license in good
standing and is authorized to practice land surveying to the date of
expiration as shown on the card.
Source. #1876, eff 12-3-81; amd by #2386, eff
6-16-83; ss by #3030, eff 5-28-85; ss by #5555, eff 1-15-93; ss by #5934, eff
12-9-94, EXPIRED: 12-9-00
New. #7425, INTERIM, eff 1-13-01, EXPIRED: 7-12-01
New. #7549, eff 8-25-01; ss by #9340, eff 1-1-09;
ss by #9340, eff 1-1-09; ss by #12031, eff 11-1-16
Lan
305.03 Licensed Land Surveyor
Seal/Stamp.
(a)
Upon issuance of a license to an applicant as a licensed land surveyor,
the licensee shall obtain an impression type seal or rubber stamp of
the design specified by these rules. This seal shall bear the licensee's name
and number as shown on the license. This seal and original signature shall be
affixed on all final plans and reports of survey prepared
by the licensee.
(b)
The seal shall consist of 2 squares with the outer square 1-9/16 inches
and the inner square 1-1/2 inches. In the space inside the inner square shall be a transit within the full name of the
licensee and the license number written horizontally. On the left side of the
transit the words "State of New Hampshire shall appear, and on the right
side of the transit the words "Licensed Land Surveyor." At the bottom
of the stamp there shall be a line for the licensee's signature pursuant to
figure 306-1.
Figure
306-1 Land Surveyor Seal
(c)
It shall be a violation of these rules for the licensee to stamp or seal
any documents with the licensee's seal after the license has expired or been
revoked, or while the license is under suspension. It shall be a violation of
these rules for the licensee to stamp or seal any document not prepared by the
licensee personally or under the licensee's direct supervision.
Source. #1876, eff 12-3-81; ss by #3030, eff 5-28-85;
ss by #5555, eff 1-15-93; ss by #5934, eff 12-9-94, EXPIRED:
12-9-00
New. #7425, INTERIM, eff 1-13-01, EXPIRED: 7-12-01
New. #7549, eff 8-25-01; ss by #9340, eff 1-1-09;
ss by #12031, eff 11-1-16
PART Lan 306 TEMPORARY PERMIT
Lan 306.01 Temporary Permit.
(a)
A person who is eligible to be licensed as a land surveyor in New
Hampshire may apply for a temporary permit not to exceed an aggregate of 30
days in one calendar year. Any portion
of a day shall be counted as a whole day.
(b)
Applicants for temporary permits shall provide, or cause to be provided,
the following on a temporary permit application form provided by the board:
(1) The applicant’s name, including any names
previously used;
(2) The applicant’s residence and business name
and title, addresses, telephone numbers, and e-mail address;
(3) The applicant’s date and place of birth;
(4) The applicant’s social security number required
pursuant to RSA 161-B:11, VI-a;
(5) Project information which shall include:
a. The project title;
b. The specific location of the project;
c. The town Tax Map – Page and Parcel number;
d. A brief description of the project; and
e. An estimate of the time required for the
project including field, registry, computation, drafting, supervision,
and any other time required;
(6) Applicant’s land surveyor stamp of
jurisdiction applicant is licensed/ registered in;
(7) The applicant’s positions, dates of
employment, title, and present address of employer;
(8) Character of employment including types of
work performed and degree of responsibility;
(9) The name and present address of someone
familiar with each position;
(10) The
applicant’s educational history including the names of all high school and
post-secondary institutions attended, the dates of attendance and degrees
awarded and certified copies of transcripts from all post-secondary
institutions attended;
(11) A listing of every state in which the
applicant holds or has ever held registration/licensure as a land surveyor
including license number, year, state, number of hours of written examination,
whether the license was reciprocity or grandfather, and whether the
license is active or lapsed;
(12) State in which the applicant was first
registered or licensed as a land surveyor, date of licensure, and license number;
(13) Whether the registration/license is now in
force and if not, the reasons why it is not in force, using additional pages as
necessary;
(14) Whether the applicant has ever applied for
land surveying licensure in New Hampshire and the status;
(15) Whether the applicant has ever lost or been
denied registration or licensure as a land surveyor or disciplined by another
licensing board in any other state and if so, an explanation of the circumstances;
(16) Whether the applicant has ever taken the
NCEES Fundamentals of Land Surveying and Principals and Practice exam, and if
so, the location, date, total number of hours of written exam, the certificate
number and grades awarded;
(17) Whether the registration /licensure as a land
surveyor was issued by examination and if so, the location, date, and grade awarded;
(18) Whether the applicant has ever been convicted
of any felony or any misdemeanor, or a violation involving land surveying or
the practice of land surveying and, if so, the name of the court, the
details of the offense and the date of conviction, and the sentence imposed;
(19) The names, complete addresses, occupation,
and business relationship with the applicant of 5 references as specified in
Lan 301.03;
(20) A list of current memberships in professional
or scientific societies, including name of organization, location, grades and
dates of memberships and any additional experience
information the applicant wishes to provide;
(21) An affidavit acknowledging that the applicant
has provided correct and true statements in the application; and
(22) Applicant’s signature.
(c)
Applicants shall submit the application fee specified in Lan 304.02.
(d) Temporary permits shall be granted if
the board determines that the applicant meets or exceeds the requirements of
Lan 302.02, 302.03, and 303.01, not including the NH Legal Aspects examination.
Source. #9340, eff 1-1-09; ss by #12031, eff 11-1-16
PART
Lan 307 FACILITATED LICENSING FOR
MILITARY SPOUSES
Lan 307.01 Licensing for Active
Duty Military Spouses.
(a)
Each applicant for licensure who is a military spouse pursuant to RSA
332-G:7, III shall apply to the board for licensure on
an application for licensure form as specified in Lan 301.02 and pay the fee
set forth in Lan 304.02.
(b)
Each applicant for facilitated licensing as a military spouse shall
provide a copy of the military member’s orders showing proof of active duty status.
(c)
Each applicant who applies for facilitated licensing as a military
spouse shall be eligible to obtain a facilitated license if the military spouse
is licensed or registered in another state or jurisdiction, provided that the
other state’s or jurisdiction’s licensure or
registration requirements are consistent with RSA 310-A:63, Lan
302.03 and Lan 302.04.
(d)
Verification of licensure and examination shall be obtained by the
candidate for licensure and submitted to the board directly from the verifying
state or jurisdiction for approval.
(e) A military spouse who obtains a facilitated
license shall comply with all license renewal requirements pursuant to Lan
403.01.
Source. #12031, eff 11-1-16
CHAPTER
Lan 400 CONTINUED STATUS
PART
Lan 401 RENEWAL
Lan 401.01
License Renewal.
(a)
Licenses shall expire on the last day of the biennial anniversary of the
birth month of the licensee. The board shall notify each land surveyor one
month prior to expiration of his or her license.
(b)
Licensees who fail to renew their license within 12 months of expiration
shall be required to reapply and be reexamined for licensure.
Source. #2386, eff 6-16-83; ss by #3030, eff 5-28-85;
ss by #5555, eff 1-15-93; ss by #5934, eff 12-9-94, EXPIRED:
12-9-00
New. #7425, INTERIM, eff 1-13-01, EXPIRED: 7-12-01
New. #7549, eff 8-25-01; ss by #9340, eff 1-1-09;
ss by #12031, eff 11-1-16
Lan 401.02 Renewal Application. Each applicant for license renewal shall
provide, or cause to be provided, the following on a renewal form supplied by
the board:
(a)
The applicant’s full name;
(b)
The applicant’s business address and telephone number;
(c)
The applicant’s home address and telephone number;
(d) Documentation that the applicant has complied
with the continuing education requirements of Lan 402;
(e)
A statement fully describing any disciplinary or legal action brought
against the applicant for his or her services as a land surveyor;
(f)
A statement indicating whether the applicant has adhered to the ethical
and professional standards of Lan 500;
(g)
A representation that the applicant acknowledges that the provision of
false information recklessly provided in the application is a basis for
disciplinary action by the board; and
(h)
The applicant’s signature and date.
Source. #3030, eff 5-28-85; ss by #5555, eff 1-15-93;
ss by #5934, eff 12-9-94, EXPIRED: 12-9-00
New. #7425, INTERIM, eff 1-13-01, EXPIRED: 7-12-01
New. #7549, eff 8-25-01; ss by #9340, eff 1-1-09;
ss by #12031, eff 11-1-16
Lan 401.03
Denial of Renewal.
(a)
Renewal shall be denied if, after notice and an opportunity for hearing,
the board finds:
(1) Noncompliance with the continuing education
requirements of Lan 403;
(2) Any unethical act for which discipline shall
be imposed under Lan 500;
(3) Reasons for which an initial application
could be denied; or
(4) Failure to file a renewal application within
12 months of license expiration.
(b)
The board shall notify the applicant of any deficiencies in the renewal
application within 60 days of acceptance for filing. Failure to remedy the deficiencies within 60
days shall result in denial of the renewal application. An application shall be considered on file
with the board when all deficiencies are corrected.
Source. #5934, eff 12-9-94, EXPIRED: 12-9-00
New. #7425, INTERIM, eff 1-13-01, EXPIRED: 7-12-01
New. #7549, eff 8-25-01; ss by #9340, eff 1-1-09;
ss by #12031, eff 11-1-16
Lan 401.04 Certificate of Authorization Renewal.
(a)
Certification of authorization for the practice of land surveying shall
expire on December 31 each year. In November of each year a renewal
notification shall be sent to all land surveying corporations, partnerships,
and proprietorships.
(b)
Applicants shall submit the certificate of authorization form as
specified in Lan 301.06.
(c)
Applicants shall pay the fee as specified in Lan 304.02.
Source. #7549, eff 8-25-01; ss by #9340, eff 1-1-09;
ss by #12031, eff 11-1-16
PART Lan 402 DISCIPLINARY MATTERS
Lan 402.01 Initiation of Disciplinary Action. The board shall undertake misconduct
investigations, settle misconduct allegations, or undertake disciplinary
hearings, in response to any information which reasonably suggests that a
licensee has engaged in professional misconduct.
Source. #6929-B, eff 1-12-99, EXPIRED: 1-12-07
New. #8806, INTERIM, eff 1-23-07, EXPIRED: 7-22-07
New. #8960, eff 8-9-07;
ss by #9340, eff 1-1-09; ss by #12031, eff 11-1-16
Lan
402.02 Disciplinary Sanctions.
(a)
Other than immediate license suspensions authorized by RSA 541-A:30, III
the board shall impose disciplinary sanctions only:
(1) After prior notice and an opportunity to be
heard; or
(2) Pursuant to a mutually agreed upon settlement
or consent decree.
(b)
When the board receives notice that a licensee has been subjected to
disciplinary action related to professional conduct by the licensing authority
of another jurisdiction, where the license was not reinstated, the board shall
issue an order directing the licensee to demonstrate why reciprocal discipline
should not be imposed in New Hampshire.
(c)
In a disciplinary proceeding brought on the basis of
discipline imposed in another jurisdiction, a licensee shall be subject to any
disciplinary sanction authorized by RSA 310-A:70, III.
(d)
After a finding that misconduct has occurred, the board shall impose one
or more of the disciplinary sanctions authorized by RSA 310-A:70, III, after
considering the presence of aggravating or mitigating circumstances.
(e)
The following shall be considered aggravating circumstances:
(1) The seriousness of the offense;
(2) Prior disciplinary record;
(3) State of mind at the time of the offense;
(4) Lack of willingness to cooperate with the
board; and
(5) Potential harm to public health and safety.
(f)
The following shall be considered mitigating circumstances:
(1) Absence of a prior disciplinary record;
(2) State of mind at the time of the offense;
(3) Willingness to cooperate with the board;
(4) Acknowledgement of his or her wrongdoing; and
(5) Purpose of the rule or statute violated.
(g)
No hearing date established in a proceeding conducted under Lan 402.02
shall be postponed at the request of the licensee unless the licensee also
agrees to continue the suspension period pending issuance of the board’s final
decision.
(h)
Copies of board orders imposing disciplinary sanctions and copies of all
settlement agreements or consent decrees shall be sent to the licensing body of
each state in which the licensee is licensed and to such other entities,
organizations, associations, or boards as are required to be notified under
applicable state or federal law.
Source. #6929-B, eff 1-12-99, EXPIRED: 1-12-07
New. #8806, INTERIM, eff 1-23-07, EXPIRED: 7-22-07
New. #8960, eff 8-9-07;
ss by #9340, eff 1-1-09; ss by #12031, eff 11-1-16
Lan 402.03 Disciplinary Fines.
(a)
When persons subject to the board’s disciplinary authority are directed
to pay fines in accordance with Lan 404.02(d), such fines shall be assessed in
accordance with the factors stated in Lan 404.02(d) and the following
additional considerations:
(1) The cost of any investigation or hearing
conducted by the board; and
(2) The licensee's ability to pay a fine assessed
by the board.
(b)
No disciplinary fine imposed by the board shall exceed the following
amounts:
(1) When no violation of the same type has
occurred within the 5 years preceding the board's notice to the licensee, the
fine assessed shall not exceed $50.00 per day or $1000.00 per offense,
whichever is greater;
(2) When a single
disciplinary infraction of the same type has occurred within the 5 years
preceding the board's notice to the licensee, the fine assessed shall not
exceed $75.00 per day or $1,500 per offense, whichever is greater;
(3) When more than one disciplinary infraction of
the same type has occurred within the 5 years
preceding the board's notice to the licensee, the fine assessed shall not
exceed $100.00 per day or $2,000 per offense, whichever is greater; and
(4) In the case of
continuing violations, a separate fine shall be assessed for each day the
violation continues, but the total amount of the fine and the licensee's
promptness and cooperativeness in ceasing the prohibited conduct in question
shall be considered in assessing the daily fines.
(c)
A single course of continuing conduct shall be treated as a single
violation for purposes of (b) above.
Source. #6929-B, eff 1-12-99, EXPIRED: 1-12-07
New. #8806, INTERIM, eff 1-23-07, EXPIRED: 7-22-07
New. #8960, eff 8-9-07;
ss by #9340, eff 1-1-09; ss by #12031, eff 11-1-16
Lan
402.04 Procedures for Assessing
Administrative Fines.
(a)
Payment of an administrative fine shall be included among the options
available for settling disciplinary allegations, and
shall be included among the types of disciplinary sanctions imposed after
notice and hearing.
(b)
In cases where the board initially intends to limit disciplinary
sanctions to an administrative fine, the board shall issue a notice of apparent
liability describing the alleged offense, stating the amount of the assessed
fine, and notifying the alleged offender that he or she shall pay or compromise
the fine by a date certain or request that an administrative hearing be
held. If a hearing is requested, the
notice of apparent liability shall be withdrawn and a notice of hearing shall
be issued.
(c)
Nonpayment of a fine by a licensee in contravention of an order,
agreement or promise to pay, shall be a separate ground for discipline by the
board, and a basis for denying a subsequent license application, and a basis
for judicial action seeking to collect the fine.
Source. #6929-B, eff 1-12-99, EXPIRED: 1-12-07
New. #8806, INTERIM, eff 1-23-07, EXPIRED: 7-22-07
New. #8960, eff 8-9-07;
ss by #9340, eff 1-1-09; ss by #12031, eff 11-1-16
PART Lan 403 CONTINUING EDUCATION
Lan 403.01 Minimum Standards for Renewal of License.
(a)
As required by RSA 310-A:68, each licensee shall provide evidence of
continued education prior to receiving a license renewal.
(b)
The minimum number of continuing education units (CEUs) as set forth in
Lan 403.03 shall be 8 per biennium.
(c)
One CEU shall be equivalent to 4 hours of actual time spent in
activities set forth in Lan 403.03.
Source. #5934, eff 12-9-94, EXPIRED: 12-9-00
New. #7425, INTERIM, eff 1-13-01, EXPIRED: 7-12-01
New. #7549, 8-25-01; ss by #9340, eff 1-1-09; ss
by #12031, eff 11-1-16
Lan 403.02
Record Keeping.
(a)
The licensee shall maintain the records that support the claimed CEUs.
(b)
Records shall contain at least the following documentation:
(1) A log showing:
a. The type of activity claimed;
b. Sponsoring organization;
c. Location;
d. Instructor's or speaker's name and title;
e. Number of continuing education hours earned;
f. Biennial renewal period;
g. The licensee’s name;
h. The licensee’s
land survey license number; and
i. The date or date
range of the activity;
(2) Attendance verification records in the form
of completion certificates or other documents supporting evidence of attendance
such as:
a. Signed attendance receipts;
b. Paid receipts;
c. A copy of a listing of attendees signed by a
person responsible for course or program or the course or program provider; and
(3) Written confirmation of appointment to a
board, commission, committee in support of credits under 403.03 for licensees claiming continuing education credit for these
activities.
(c)
The licensee shall retain attendance verification records for a period
of at least 4 years. Such documentation shall be made available to the board
for random audit, verification purposes, or both. Documentation shall support
continuing education hours claimed. Failure to provide documentation for audit
verification shall result in disciplinary action.
(d)
Not less than 10 percent of the licensees shall
be randomly selected each year by the board for compliance with Lan 403.01.
Source. #5934, eff 12-9-94, EXPIRED: 12-9-00
New. #7425, INTERIM, eff 1-13-01, EXPIRED: 7-12-01
New. #7549, 8-25-01; ss by #7950, eff 9-10-03; ss
by #9340, eff 1-1-09; ss by #12031, eff 11-1-16
Lan 403.03
CEU Credits. Continuing
education units shall be credited as follows:
(a)
For verified membership and participation in a national, regional or
state land surveyor society or association provided the licensee attends 50% of
the meetings the applicant shall receive one CEU per year, with a maximum of 2
CEUs per biennium;
(b)
For serving as an officer or committee chairman in a national, regional,
or state land society or association the applicant shall receive one CEU per
year, with a maximum of 2 per biennium;
(c)
For serving on committee in a national, regional or state land society
or association the applicant shall receive 0.5 CEU per year, with a maximum of
one per biennium;
(d)
For serving on a land surveying board the applicant shall receive 1.5
CEUs per year, with a maximum of 3 per biennium;
(e)
For serving as an officer or chairman on a land surveying board the
applicant shall receive 0.5 CEUs per year, with a maximum of one per biennium;
(f)
For verified membership and participation in an additional national,
regional or state land surveyor society or association with a minimum of 50%
attendance at meetings the applicant shall receive 0.5 CEUs per year, with a
maximum of one per biennium;
(g)
For serving as an officer or committee chairman in an additional
national, regional or state land surveyor society or association the applicant
shall receive one CEU per year, with a maximum of 2 per biennium;
(h)
For activity of special service to the profession, including but not
limited to teaching and publication, the applicant shall receive a maximum of 6
CEUs per biennium as follows:
(1) The active, full time
teaching of land surveying at the college level, shall not qualify for
continuing education credits;
(2) Teaching a
workshop or seminar which is directly related to land surveying or professional
development shall be credited as one CEU per
every 2 hours of actual teaching time, not to
include preparation time and only applicable to first time seminars; and
(3) Presentation and/or publication of a
professional paper shall be credited as 3 CEU’s for
first time offerings.
(i) For completion, with a passing grade where
grades are awarded, of educational courses related to land surveying, including
board or land surveyor society approved seminars, the applicant shall receive
one CEU for each 4 hours of participation and with the following submitted to
the board:
(1) Date of event;
(2) Title;
(3) Agenda;
(4) Name and title of instructors;
(5) Sponsoring organization;
(6) Course description;
(7) Contact hours; and
(8) The name of a contact person.
(j)
Carry over credits shall be granted for courses or seminars related to
land surveying, not to exceed 4 CEU’s per biennium;
(k)
For archiving land surveyor records the applicant shall receive not more
than 4 CEU’s per collection, with a maximum of 6 CEU’s per biennium and with
the following submitted to the board:
(1) A report of the project;
(2) The name of the individuals involved in the archiving;
(3) The name and number of the records to be archived;
(4) The place where the records will be stored;
(5) The approximate number of hours worked and
number of CEU’s requested;
(6) A copy of the index; and
(7) A certification by the official agency
receiving the archived record; and
(l)
CEU’s shall not be awarded for archiving land surveyor records for pay
or profit.
Source. #5934, eff 12-9-94, EXPIRED: 12-9-00
New. #7425, INTERIM, eff 1-13-01, EXPIRED: 7-12-01
New. #7549, 8-25-01; ss by #9340, eff 1-1-09; ss
by #12031, eff 11-1-16
Lan 403.04
Exemptions. A licensee may
claim exemption from the continuing education requirements for any of the
following reasons:
(a)
A licensee serving on temporary active duty in the armed forces of the
United States for a period of time exceeding 120
consecutive days in a year shall be exempt from obtaining the professional
development hours required during that year; and
(b)
Licensees experiencing disability, illness, or other extenuating
circumstances which would prevent the licensee from completing professional
development hours required, shall apply in writing to the board for specific
exemption. Relevant supporting documentation shall be furnished to the board.
Source. #7549, 8-25-01; ss by #9340, eff 1-1-09; ss
by #12031, eff 11-1-16
Lan
403.05 Waiver of Professional
Development Units Deadline. A
licensee may request waiver of continuing education deadlines, as follows:
(a)
A petition requesting a waiver shall be filed at least 30 days before
the expiration of the biennial continuing education period in question;
(b)
Late filing shall be justified by a showing of good cause that includes
serious accident, illness or other circumstances beyond the control of the
licensee which actually prevents the licensee from
satisfying the continuing education requirements;
(c)
Relevant supporting documentation from the licensee’s physician or
medical professional shall be furnished to the board when necessary for a fair
and informed determination by the board; and
(d)
A waiver petition shall include a specific timetable for completing
specific courses, which will meet the petitioner’s continuing education unit
deficiency.
Source. #7549, 8-25-01; ss by #9340, eff 1-1-09; ss
by #12031, eff 11-1-16
Lan 403.06 Noncompliance. Failure to complete continuing education
requirements in a timely fashion, or failure to submit documentation which
establishes that said requirements were so completed, shall after notice and
opportunity for hearing, result in disciplinary action unless a waiver petition
has been timely filed and duly granted by the board.
Source. #7549, 8-25-01; ss by #9340, eff 1-1-09; ss
by #12031, eff 11-1-16
Lan 403.07 Active Duty
Military Inactive Status
(a)
The board shall place a land surveyor on inactive status pursuant to RSA
332-G:7, II upon receipt of:
(1) A written request; and
(2) Proof of active duty
service in the Armed Forces of the United States.
(b)
The board shall return a land surveyor to active status upon receipt of:
(1) Payment of the renewal fee;
(2) Proof of completion of the continuing
education requirements pursuant to Lan 403; and
(3) Proof that the licensee has not been
discharged from service in the Armed Forces of the United States for more than
one year.
Source.
#12031, eff 11-1-16