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Delaware General AssemblyDelaware RegulationsMonthly Register of RegulationsFebruary 2014

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24 DE Admin. Code 2700
The Delaware Board of Professional Land Surveyors, in accordance with 24 Del.C. §2706(a)(1), has proposed revisions to its rules and regulations. The proposed revisions to the Rules and Regulations are intended to allow professional development hours to be obtained by online courses. The additional changes are of an administrative nature.
1.1 Pursuant to 24 Del.C. Ch. 27, the Delaware Board of Professional Land Surveyors ("the Board") is authorized to, and has adopted, these Rules and Regulations. The Rules and Regulations are applicable to all Professional Land Surveyors and applicants to the Board.
“Combined Office and Field Experience” - is defined as being multi-faceted experience in responsible charge of land surveying projects, performed under the direct supervision of a professional land surveyor in the active practice of land surveying. The office aspect of this experience shall include the technology relevant to civil drafting, mathematical calculations necessary for subdivision, boundary and right-of-way determinations, road, stormwater, sediment and erosion control, and sewer design as well as the interpolation of field-run topographical data and the like. Office experience should also include applied familiarity with land development submittal and approval processes.
“Direct Supervision” - applies to one duly licensed as a Professional Land Surveyor (PLS) and only a licensee may provide direct supervision. The physical presence of a PLS on every type of surveying project is not required. There are, however, times when a site visit is necessary to make important decisions involving boundary retracements, property line disputes, etc.
“Related Science Curriculum” – are those courses of study for which one-third of the required core courses are the same or similar as those required for a Baccalaureate Degree Program in Surveying. These core courses may include but are not limited to Algebra, Trigonometry, Analytical Geometry, Calculus, General Physics and Computer Programming.
“Surveying Curriculum” - For the purpose of these regulations, the term "Surveying Curriculum" will mean any approved curriculum for a Baccalaureate Degree in Surveying as it is accepted by the institution bestowing the said degree. This curriculum shall necessarily include but not be limited to courses in Surveying, Advanced Surveying, Legal Principles of Surveying, Data Adjustment, Subdivision Planning and Layout, Route and Construction Surveying, Engineering and Geodetic Astronomy, Topographic Surveying and Cartography and/or those other studies required by the institution where the degree is earned.
The Application Form for those seeking licensure under 24 Del.C. Ch. 27 shall be reviewed every five years. Section 2706 (a)(2).
For the required National Examination for licensure under 24 Del.C. Ch. 27, the Board adopts the two-part examination developed by the National Council of Examiners for Engineering and Surveying (NCEES), consisting of the Principles and Practice of Surveying Examination and the Fundamentals of Surveying Examination, as amended from time to time (then in effect at time of examination). Section 2706(a)(3).
9.0 Procedure for Granting Licenses and License Renewals Issuance and Renewal of License
9.1 When an applicant is approved for licensure, the Division of Professional Regulation will send a letter to the applicant advising that person of the prorated license fee. Once the license fee is received by the Division, a license number is issued and mailed to the applicant by the Board for licensure, the Division of Professional Regulation will issue a license number and mail a license to the applicant.
9.2 The Division of Professional Regulation will send a renewal notice to the last known address for each licensee at least 30 days prior to renewal. Even if a licensee does not receive a renewal, it is his/her responsibility to renew their license. Each professional land surveyor license and certificate of authorization shall be renewed biennially. The failure of the Board to notify a licensee or certificate holder of his/her expiration date and subsequent renewals does not, in any way, relieve the licensee or certificate holder of the requirement to renew his/her license or certificate pursuant to the Board's regulations and 24 Del.C. Ch. 27.
10.2 A licensee shall complete at least two (2) hours on ethics and professionalism for each renewal period with no carry-over credit for any biennium renewal period. The required 2 hours on ethics and professionalism must be obtained by attending a live seminar and cannot be taken online.
10.3.2 Instruction: The course must be one that will be conducted by a qualified instructor. who will be able to interact directly either in person or by interactive television with all students at all times during the course. The course may be conducted through the use of interactive television or other media which permits continuous mutual communication between the instructor and all students, continuous observation of the instructor by all students, and continuous observation of all students by the instructor. Distance education courses may be acceptable when the sponsor gives the licensee a final exam and sends verification to the Board that the licensee has completed the course with a passing grade. Instructors must submit a complete resume with the PDH course approval request.
10.3.3 Examples of acceptable topics that are acceptable, include but are not limited to:
10.5 Pro-Rated Credits for Renewal. A licensee for renewal shall follow the following schedule of reporting PDH credits: if, at the time of renewal, you have been licensed for less than one year, NO continuing education is required; licensed for more than one year, but less than two years, half (12 PDHs) is required; licensed for two or more years, the full amount (24 PDHs) is required. A licensee for renewal shall follow the following schedule of reporting PDH credits:
10.6 Renewal. Any licensee who has submitted a correctly completed paper or an electronic renewal form as required in Section 10.4.1 and has met all other requirements shall be granted renewal.
10.7 Audit. Each biennium, the Division of Professional Regulation shall select from the list of potential renewal renewed licensees a percentage, determined by the Board, which shall be selected by random method. The Board may also audit based on complaints or charges against an individual license, relative to compliance with continuing education requirements.
10.10 Noncompliance – Extenuating Circumstances. A licensee applying for renewal may request an extension and be given up to an additional twelve (12) months to make up all outstanding required PDHs providing he/she can show good cause why he/she was unable to comply with such requirements at the same time he/she applies for renewal and provided the statement is received and reviewed by the Board prior to the licensee renewing their license. The licensee must state the reason for such extension along with whatever documentation he/she feels is relevant. The Board shall consider requests such as extensive travel outside the United States, military service, extended illness of the licensee or his/her immediate family, or a death in the immediate family of the licensee. The written request for extension must accompany the renewal application be received and reviewed by the Board prior to the licensee renewing their license. The Board shall issue an extension when it determines that one or more of these criteria have been met or if circumstances beyond the control of the licensee have rendered it impossible for the licensee to obtain the required PDHs. A licensee who has successfully applied and received Board approval for an extension under this paragraph shall make up all outstanding hours of professional development within the extension period approved by the Board.
12.1 The Board is required under Sections 2701 and 2112(a)(9) to establish minimum technical standards for licensees. The purpose of these standards is to establish minimum technical criteria to govern the performance of surveys when more stringent specifications are not required by other agencies or by contract. Further, the purpose is to protect the inhabitants of this state and generally to promote the public welfare. The Board also established minimum standards for Mortgage Survey Plans (MSPs), and other types of work, frequently performed by licensees in portions of the state.
12.2.2 The plat shall indicate the Source of Title, (Deed Record and/or Will Record Number), Hundred, County, State, Tax Parcel Number and, when applicable, the Postal Address of the subject property. The plat shall show the written scale, area and classifications of the survey. These classifications (suburban, urban, rural, and marshland) are based upon both the purposes for which the property is being used at the time the survey is performed and any proposed developments, which are disclosed by the client, in writing. This classification must be based on the criteria in Section 12.4 and the survey must meet the minimum specifications set forth in Attachment A. The scale shall be sufficient to show detail for the appropriate classification.
12.6.1 Purpose. The purpose of an MSP is to locate, describe and represent the positions of buildings and other pertinent visible improvements affecting the property being surveyed in connection with a conveyance or a mortgage.
In connection with the purchase or survey of the property located at ________________, I have waived having all the corner markers set and have requested the preparation of a Mortgage Survey Plan (MSP).
Part of the licensure process for applicants under 24 Del.C. Ch. 27 includes a requirement that the applicant not have a criminal conviction record, nor pending criminal charges relating to an offense, the circumstances of which substantially relate to the practice of land surveying. The Board shall review the information provided on the Application Form relating to this issue to determine if the applicant's criminal history record is substantially related to the practice of land surveying. Section 2708(a)(6).
15.1 24 Del.C. §2709 requires the Board to grant reciprocal licenses to applicants presenting proof of current licensure in good standing in another state, the District of Columbia, or territory of the United States, whose standards for licensure are "substantially similar" to Delaware standards.
186.0 Professional Seals, Rubber Stamps and Signatures
186.1 A raised seal shall be used wherever possible.
186.2 When a raised seal cannot be used, a rubber seal may be used, but only with red ink so that the lettering will stand out.
186.3 The signature must be originally hand written.
186.4 The seal to be used by a Delaware licensee shall conform to the above regulation and have two concentric circles. The inner circle shall contain only the words "REGISTERED," "NO.," and "DELAWARE." The area between the two circles shall contain, at the bottom, the words "PROFESSIONAL LAND SURVEYOR" reading counterclockwise and at the top, the name of the licensee as written below, reading clockwise.
186.5 The seal acceptable to the Board is the one recognized in the trade as the No. 1 official pocket size, which has an inner circle 1" in diameter and an outer circle 1 ½" in diameter. A sample is below. Replace JOHN DOE AND No. 123 with your name and number.
186.6 All new licensees shall provide to the Board a copy of both the raised and rubber seal within 30 days of issuance of their license.
197.0 Crimes substantially related to practice of land surveyors
197.1 Conviction of any of the following crimes, or of the attempt to commit or of a conspiracy to commit or conceal or of solicitation to commit the following crimes, is deemed to be a crime substantially related to the practice of land surveyor in the State of Delaware without regard to the place of conviction:
197.1.1 Menacing. 11 Del.C. §602
197.1.2 Reckless endangering in the second degree. 11 Del.C. §603
197.1.3 Reckless endangering in the first degree. 11 Del.C. §604
197.1.4 Abuse of a pregnant female in the second degree. 11 Del.C. §605
197.1.5 Abuse of a pregnant female in the first degree. 11 Del.C. §606
197.1.6 Assault in the second degree. 11 Del.C. §612
197.1.7 Assault in the first degree. 11 Del.C. §613
197.1.8 Assault by abuse or neglect. 11 Del.C. §615
197.1.9 Terroristic threatening. 11 Del.C. §621(a)(b)
197.1.10 Unlawful administering drugs. 11 Del.C. §625
197.1.11 Unlawful administering controlled substance or counterfeit substance or narcotic drugs. 11 Del.C. §626
197.1.12 Prohibited acts as to substances releasing vapors or fumes. 11 Del.C. §627
197.1.13 Vehicular assault in the second degree. 11 Del.C. §628
197.1.14 Vehicular assault in the first degree.11 Del.C. §629
197.1.15 Vehicular homicide in the second degree. 11 Del.C. §630
197.1.16 Vehicular homicide in the first degree. 11 Del.C. §630A
197.1.17 Criminally negligent homicide. 11 Del.C. §631
197.1.18 Manslaughter. 11 Del.C. §632
197.1.19 Murder by abuse or neglect in the second degree. 11 Del.C. §633
197.1.20 Murder by abuse or neglect in the first degree. 11 Del.C. §634
197.1.21 Murder in the second degree. 11 Del.C. §635
197.1.22 Murder in the first degree. 11 Del.C. §636
197.1.23 Unlawful sexual contact in the second degree. 11 Del.C. §768
197.1.24 Unlawful sexual contact in the first degree. 11 Del.C. §769
197.1.25 Rape in the fourth degree. 11 Del.C. §770
197.1.26 Rape in the third degree. 11 Del.C. §771
197.1.27 Rape in the second degree. 11 Del.C. §772
197.1.28 Rape in the first degree. 11 Del.C. §773
197.1.29 Sexual extortion. 11 Del.C. §776
197.1.30 Continuous sexual abuse of a child. 11 Del.C. §778
197.1.31 Female genital mutilation. 11 Del.C. §780
197.1.32 Unlawful imprisonment in the first degree. 11 Del.C. §782
197.1.33 Kidnapping in the second degree. 11 Del.C. §783
197.1.34 Kidnapping in the first degree. 11 Del.C. §783A
197.1.35 Arson in the first degree. 11 Del.C. §803
197.1.36 Burglary in the third degree. 11 Del.C. §824
197.1.37 Burglary in the second degree. 11 Del.C. §825
197.1.38 Burglary in the first degree. 11 Del.C. §826
197.1.39 Multiple Offenses. 11 Del.C. §827
197.1.40 Possession of burglar’s tools or instruments facilitating theft. 11 Del.C. §828
197.1.41 Robbery in the second degree.11 Del.C. §831
197.1.42 Robbery in the first degree. 11 Del.C. §832
197.1.43 Carjacking in the second degree. 11 Del.C. §835
197.1.44 Carjacking in the first degree. 11 Del.C. §836
197.1.45 Shoplifting. 11 Del.C. § 840
197.1.46 Theft. 11 Del.C. §841
197.1.47 Theft of Services. 11 Del.C. §845
197.1.48 Extortion.11 Del.C. §846
197.1.49 Misapplication of property. 11 Del.C. §848
197.1.50 Theft of rented property. 11 Del.C. §849
197.1.51 Receiving stolen property. 11 Del.C. §851
197.1.52 Identity theft. 11 Del.C. §854
197.1.53 Forgery. 11 Del.C. §861
197.1.54 Falsifying business records. 11 Del.C. §871
197.1.55 Tampering with public records in the second degree. 11 Del.C. §873
197.1.56 Tampering with public records in the first degree. 11 Del.C. §876
197.1.57 Offering a false instrument for filing. 11 Del.C. §877
197.1.58 Issuing a false certificate. 11 Del.C. §878
197.1.59 Bribery. 11 Del.C. §881
197.1.60 Bribe receiving. 11 Del.C. §882
197.1.61 Issuing a bad check. 11 Del.C. §900
197.1.62 Criminal impersonation of a police officer. 11 Del.C. §907B
197.1.63 Unlawfully concealing a will. 11 Del.C. §908
197.1.64 Fraudulent conveyance of public lands. 11 Del.C. §911
197.1.65 Fraudulent receipt of public lands. 11 Del.C. §912
197.1.66 Insurance fraud. 11 Del.C. §913
197.1.67 Health care fraud. 11 Del.C. §913A
197.1.68 New home construction fraud. 11 Del.C. §917
197.1.69 Unauthorized access. 11 Del.C. §932
197.1.70 Theft of computer services. 11 Del.C. §933
197.1.71 Interruption of computer services. 11 Del.C. §934
197.1.72 Misuse of computer system information. 11 Del.C. §935
197.1.73 Destruction of computer equipment. 11 Del.C. §936
197.1.74 Dealing in children. 11 Del.C. §1100
197.1.75 Abandonment of a child. 11 Del.C. §1101
197.1.76 Endangering the welfare of a child. 11 Del.C. §1102
197.1.77 Sexual exploitation of a child. 11 Del.C. §1108
197.1.78 Unlawful dealing in child pornography. 11 Del.C. §1109
197.1.79 Possession of child pornography. 11 Del.C. §1111
197.1.80 Sexual solicitation of a child. 11 Del.C. §1112A
197.1.81 Bribery. 11 Del.C. §1201
197.1.82 Receiving a bribe. 11 Del.C. §1203
197.1.83 Giving unlawful gratuities. 11 Del.C. §1205
197.1.84 Receiving unlawful gratuities. 11 Del.C. §1206
197.1.85 Perjury in the third degree. 11 Del.C. §1221
197.1.86 Perjury in the second degree. 11 Del.C. §1222
197.1.87 Perjury in the first degree. 11 Del.C. §1223
197.1.88 Making a false written statement. 11 Del.C. §1233
197.1.89 Threats to public officials. 11 Del.C. §1240
197.1.90 Assault in a detention facility. 11 Del.C. §1254
197.1.91 Bribing a witness. 11 Del.C. §1261
197.1.92 Bribe receiving by a witness. 11 Del.C. §1262
197.1.93 Tampering with a witness. 11 Del.C. §1263
197.1.94 Interfering with child witness. 11 Del.C. §1263A
197.1.95 Bribing a juror. 11 Del.C. §1264
197.1.96 Bribe receiving by a juror. 11 Del.C. §1265
197.1.97 Tampering with physical evidence. 11 Del.C. §1269
197.1.98 Disorderly conduct. 11 Del.C. §1301
197.1.99 Felony hate crimes. 11 Del.C. §1304
197.1.100 Harassment. 11 Del.C. §1311
197.1.101 Aggravated harassment. 11 Del.C. §1312
197.1.102 Felony stalking. 11 Del.C. §1312A
197.1.103 Trading in human remains and associated funerary objects. 11 Del.C. §1333
197.1.104 Adulteration.11 Del.C. §1339
197.1.105 Carrying a concealed deadly weapon. 11 Del.C. §1442
197.1.106 Possessing a destructive weapon. 11 Del.C. §1444
197.1.107 Felony possession of a deadly weapon during the commission of a felony. 11 Del.C. §1447
197.1.108 Possession of a firearm during commission of a felony. 11 Del.C. §1447A
197.1.109 Possession and purchase of deadly weapons by persons prohibited. 11 Del.C. §1448
197.1.110 Theft of a firearm. 11 Del.C. §1451
197.1.111 Engaging in a firearms transaction on behalf of another. 11 Del.C. §1455
197.1.112 Removing a firearm from the possession of a law enforcement officer. 11 Del.C. §1458
197.1.113 Act of intimidation. 11 Del.C. §3532
197.1.114 Aggravated act of intimidation. 11 Del.C. §3533
197.1.115 Prohibited drug offenses A. 16 Del.C. §4751
197.1.116 Prohibited drug offenses B. 16 Del.C. §4752
197.1.117 Unlawful delivery of noncontrolled substances. 16 Del.C. §4752A
197.1.118 Prohibition against transfer, sale and purchase. 7 Del.C. §5306
197.1.119 Alteration, theft or destruction of will. 12 Del.C. §210
197.1.120 Receiving or transferring stolen vehicle. 21 Del.C. §6704
197.2 Crimes substantially related to the practice of professional land surveyors shall be deemed to include any crimes under any federal law, state law, or valid town, city or county ordinance, that are substantially similar to the crimes identified in this rule.
Last Updated: December 31 1969 19:00:00.
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