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Delaware General AssemblyDelaware RegulationsMonthly Register of RegulationsJanuary 2017


Regulatory Flexibility Act Form

Authenticated PDF Version

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 eliminate references to the continuing education ethics requirement and revise the list of crimes substantially related to the practice of land surveying. The Board will hold a public hearing on the proposed rule changes on February 16, 2017 at 8:30 a.m., Second Floor Conference Room A, Cannon Building, 861 Silver Lake Blvd., Dover, DE 19904. Written comments should be sent to Meredith Hurley, Administrator of the Delaware Board of Professional Land Surveyors, Cannon Building, 861 Silver Lake Blvd., Dover, DE 19904.
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.
Responsible Charge” - shall mean the direct control and personal direction of the investigation, operation and execution of land surveying work requiring initiative, and professional skill and independent judgment as a party chief or survey manager. An individual in responsible charge shall be under the direct supervision of a Delaware licensed professional land surveyor.
“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).
10.1.2 Retired Licensees. Licensees 62 years old and over at the time of license renewal who are retired (working less than 20 hours weekly) shall need only twelve (12) PDHs each ensuing biennium to satisfy the professional development requirements outlined herein. A total of four (4) PDHs may be obtained by online courses each biennium. The required one ethics and professionalism PDH must be obtained by attending a live seminar and cannot be taken online.
10.2.8 College level courses directly related to land surveying or professional development directly related to land surveying shall be counted as 40 PDH per credit hour. Ten (10) PDHs will be counted for each CEU (continuing education unit) earned.
10.4.2 If, at the time of renewal, you have been licensed for more than one year, but less than two years, half (12 PDHs) is required, including one ethics and professionalism PDH. A total of four (4) PDHs may be obtained by online courses. The required one ethics and professionalism PDH must be obtained by attending a live seminar and cannot be taken online.
10.4.3 If, at the time of renewal, you have been licensed for two or more years, the full amount (24 PDHs) is required, including two ethics and professionalism PDHs. A total of eight (8) PDHs may be obtained by online courses. The required two ethics and professionalism PDHs must be obtained by attending a live seminar and cannot be taken online.
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.
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.
17.1.1 Menacing. 11 Del.C. §602
17.1.31 Reckless endangering in the first degree. 11 Del.C. §604
17.1.42 Abuse of a pregnant female in the second degree. 11 Del.C. §605
17.1.53 Abuse of a pregnant female in the first degree. 11 Del.C. §606
17.1.64 Assault in the second degree. 11 Del.C. §612
17.1.75 Assault in the first degree. 11 Del.C. §613
17.1.86 Assault by abuse or neglect. 11 Del.C. §6151103B
17.1.97 Terroristic threatening. 11 Del.C. §621(a)(b)
17.1.118 Unlawful administering controlled substance or counterfeit substance or narcotic drugs. 11 Del.C. §626
17.1.149 Vehicular assault in the first degree.11 Del.C. §629
17.1.1510 Vehicular homicide in the second degree. 11 Del.C. §630
17.1.1611 Vehicular homicide in the first degree. 11 Del.C. §630A
17.1.1712 Criminally negligent homicide. 11 Del.C. §631
17.1.1813 Manslaughter. 11 Del.C. §632
17.1.1914 Murder by abuse or neglect in the second degree. 11 Del.C. §633
17.1.2015 Murder by abuse or neglect in the first degree. 11 Del.C. §634
17.1.2116 Murder in the second degree. 11 Del.C. §635
17.1.2217 Murder in the first degree. 11 Del.C. §636
17.1.2318 Unlawful sexual contact in the second degree. 11 Del.C. §768
17.1.2419 Unlawful sexual contact in the first degree. 11 Del.C. §769
17.1.2520 Rape in the fourth degree. 11 Del.C. §770
17.1.2621 Rape in the third degree. 11 Del.C. §771
17.1.2722 Rape in the second degree. 11 Del.C. §772
17.1.2823 Rape in the first degree. 11 Del.C. §773
17.1.2924 Sexual extortion. 11 Del.C. §776774
17.1.3025 Continuous sexual abuse of a child. 11 Del.C. §778776
17.1.3126 Female genital mutilation. 11 Del.C. §780
17.1.3227 Unlawful imprisonment in the first degree. 11 Del.C. §782
17.1.3328 Kidnapping in the second degree. 11 Del.C. §783
17.1.3429 Kidnapping in the first degree. 11 Del.C. §783A
17.1.3530 Arson in the first degree. 11 Del.C. §803
17.1.3631 Burglary in the third degree. 11 Del.C. §824
17.1.3732 Burglary in the second degree. 11 Del.C. §825
17.1.3833 Burglary in the first degree. 11 Del.C. §826
17.1.4034 Possession of burglar’s tools or instruments facilitating theft. 11 Del.C. §828
17.1.4135 Robbery in the second degree.11 Del.C. §831
17.1.4236 Robbery in the first degree. 11 Del.C. §832
17.1.4337 Carjacking in the second degree. 11 Del.C. §835
17.1.4438 Carjacking in the first degree. 11 Del.C. §836
17.1.4539 Shoplifting (felony). 11 Del.C. § 840
17.1.4640 Theft (felony). 11 Del.C. §841
17.1.4741 Theft of Services. 11 Del.C. §845
17.1.4842 Extortion.11 Del.C. §846
17.1.4943 Misapplication of property (felony). 11 Del.C. §848
17.1.5044 Theft of rented property (felony). 11 Del.C. §849
17.1.5145 Receiving stolen property (felony). 11 Del.C. §851
17.1.5246 Identity theft. 11 Del.C. §854
17.1.5347 Forgery (felony). 11 Del.C. §861
17.1.5648 Tampering with public records in the first degree. 11 Del.C. §876
17.1.5849 Issuing a false certificate. 11 Del.C. §878
17.1.59 Bribery. 11 Del.C. §881
17.1.6150 Issuing a bad check (felony). 11 Del.C. §900
17.1.6351 Unlawfully concealing a will. 11 Del.C. §908
17.1.6452 Fraudulent conveyance of public lands. 11 Del.C. §911
17.1.6553 Fraudulent receipt of public lands. 11 Del.C. §912
17.1.6654 Insurance fraud. 11 Del.C. §913
17.1.6755 Health care fraud. 11 Del.C. §913A
17.1.6856 New home construction fraud (felony). 11 Del.C. §917
17.1.6957 Unauthorized access. 11 Del.C. §932
17.1.7058 Theft of computer services. 11 Del.C. §933
17.1.7159 Interruption of computer services. 11 Del.C. §934
17.1.7260 Misuse of computer system information. 11 Del.C. §935
17.1.7361 Destruction of computer equipment. 11 Del.C. §936
17.1.7462 Dealing in children. 11 Del.C. §11001100A
17.1.7563 Abandonment of a child. 11 Del.C. §1101
17.1.7664 Endangering the welfare of a child. 11 Del.C. §1102
17.1.7765 Sexual exploitation of a child. 11 Del.C. §1108
17.1.7866 Unlawful dealing in child pornography. 11 Del.C. §1109
17.1.7967 Possession of child pornography. 11 Del.C. §1111
17.1.8068 Sexual solicitation of a child. 11 Del.C. §1112A
17.1.8169 Bribery. 11 Del.C. §1201
17.1.8270 Receiving a bribe. 11 Del.C. §1203
17.1.8671 Perjury in the second degree. 11 Del.C. §1222
17.1.8772 Perjury in the first degree. 11 Del.C. §1223
17.1.8973 Threats to public officials. 11 Del.C. §1240
17.1.9074 Assault in a detention facility. 11 Del.C. §1254
17.1.9175 Bribing a witness. 11 Del.C. §1261
17.1.9276 Bribe receiving by a witness. 11 Del.C. §1262
17.1.9377 Tampering with a witness. 11 Del.C. §1263
17.1.9478 Interfering with child witness. 11 Del.C. §1263A
17.1.9579 Bribing a juror. 11 Del.C. §1264
17.1.9680 Bribe receiving by a juror. 11 Del.C. §1265
17.1.9981 Felony hate crimes. 11 Del.C. §1304
17.1.100 Harassment. 11 Del.C. §1311
17.1.10182 Aggravated harassment Stalking. 11 Del.C. §1312
17.1.10483 Adulteration.11 Del.C. §1339
17.1.10584 Carrying a concealed deadly weapon. 11 Del.C. §1442
17.1.10685 Possessing a destructive weapon. 11 Del.C. §1444
17.1.10786 Felony possession of a deadly weapon during the commission of a felony. 11 Del.C. §1447
17.1.10887 Possession of a firearm during commission of a felony. 11 Del.C. §1447A
17.1.10988 Possession and purchase of deadly weapons by persons prohibited. 11 Del.C. §1448
17.1.11089 Theft of a firearm. 11 Del.C. §1451
17.1.11190 Engaging in a firearms transaction on behalf of another. 11 Del.C. §1455
17.1.11291 Removing a firearm from the possession of a law enforcement officer. 11 Del.C. §1458
17.1.11392 Act of intimidation. 11 Del.C. §3532
17.1.11493 Aggravated act of intimidation. 11 Del.C. §3533
17.1.11994 Alteration, theft or destruction of will. 12 Del.C. §210
17.1.12095 Receiving or transferring stolen vehicle. 21 Del.C. §6704
Last Updated: December 31 1969 19:00:00.
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