DEPARTMENT OF ADMINISTRATIVE SERVICES

Division of Professional Regulation

2700 Board of Professional Land Surveyors

Statutory Authority: 24 Delaware Code, Section 2706(g) (24 Del.C. §2706(g))

24 DE Admin. Code 2700

ORDER

After due notice in the Register of Regulations and two Delaware Newspapers, a public hearing was held on January 20, 2005 at a scheduled meeting of the Delaware Board of Professional Land Surveyors to receive comments regarding proposed Regulation 20.0. The proposed regulation identifies crimes substantially related to the practice of professional land surveying as mandated by SB 229 enacted by the 142nd General Assembly. The proposed regulation was published in the Register of Regulations, Vol. 8, Issue 6, December 1, 2004.

Background

Under Title 24, Chapter 27, one of the qualifications for licensure is that the applicant shall submit evidence that the applicant “shall not have a criminal conviction record, nor pending criminal charge relating to an offense the circumstances of which substantially relate to the practice of land surveying. Applicants who have criminal conviction records or pending criminal charges shall request appropriate authorities to provide information about the record or charge directly to the Board in sufficient specificity to enable the Board to make a determination whether the record or charge is substantially related to the practice of land surveying. 24 Del.C. §2708(5). 24 Del.C. §2712(a)(2), as amended by SB 229, provides that a practitioner licensed under this chapter shall be subject to disciplinary actions set forth in §2714 of this title after a hearing, the Board finds that the land surveyor “has been convicted of a crime that is substantially related to the practice of land surveying; a copy of the record of conviction certified by the clerk of the court entering the conviction shall be conclusive evidence therefor;”. “‘Substantially related’ means the nature of the criminal conduct, for which the person was convicted, has a direct bearing on the fitness or ability to perform 1 or more of the duties or responsibilities necessarily related to the practice of land surveying.” 24 Del.C. §2702(9).

The Board’s authority to promulgate rules and regulations implementing or clarifying specific sections of Chapter 27 is set forth in 24 Del.C. §2702(a)(1). The specific mandate for this rule is set forth in 24 Del.C. §2706(b). The proposed regulation specifically identifies those crimes which are substantially related to the practice of land surveying.

Summary Of The Evidence And Information Submitted

No written comments were received. No public comment was received at the January 20, 2005 hearing.

Findings Of Fact With Respect To The Evidence And Information Submitted

The Board carefully reviewed and considered the crimes presented as a compilation of crimes extracted from the Delaware Code. The primary concern of the Board was the safety of the public since the licensed practitioners frequently work outdoors, in residential subdivisions, office parks, farms, and other types of properties, under conditions that sometimes can lead to potential confrontations over boundary disputes or other real estate controversies. In addition, Land Surveyors have regular contact with public officials regarding land use matters, where honesty and respect for the integrity of public institutions is of paramount concern. Land Surveyor clients may also include the elderly who are vulnerable to undue influence or other forms of abuse. Land Surveyors may also have access to confidential client information health and financial information.

The “primary objective of the Board of Professional Land Surveyors, to which all other objectives and purposes are secondary, is to protect the general public, specifically those persons who are the direct recipients of services regulated by this chapter, from unsafe practices and from occupational practices which tend to reduce competition or fix the price of services rendered.” 24 Del.C. §2701.

The Board finds that the crimes identified in the proposed rule are substantially related to the fitness or ability to perform 1 or more of the duties and responsibilities of land surveying services in that they involve: the use of physical violence or force, or the threat thereof, toward or upon the person of another; sexual abuse or inappropriate sexual conduct; violation of privacy; dishonesty, or false or fraudulent conduct; mistreatment or abuse of children, the elderly or animals; and offenses involving the illegal possession or the misuse or abuse of narcotics, or other addictive substances and those non-addictive substances with a substantial capacity to impair reason or judgment.

In summary, the Board finds that adopting regulation 20.0 as proposed is in the best interest of the citizens of the State of Delaware and is necessary to protect the health and safety of the general public, particularly the recipients of land surveying services.

Decision And Effective Date

The Board hereby adopts the changes to Regulation 20.0 to be effective 10 days following publication of this order in the Register of Regulations.

Text And Citation

The text of the revised rule remains as published in Register of Regulations, Vol. 8, Issue 6, December 1, 2004.

SO ORDERED this 20th day of January, 2005.

BOARD OF PROFESSIONAL LAND SURVEYORS

Elton M. Murray, Chairman, Professional Member

Roy B.Kemp,Vice-Chairman, Professional Member

Russel Y. Dolbeare, Professional Member

Lena M. Corder, Public Member

Michael J. Early, Professional Member

Amos W. Aiken, Professional Member

Victor Kennedy, Public Member

20.0 Crimes substantially related to practice of land surveyors

20.1 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:

20.1.1 Menacing. 11 Del.C. §602

20.1.2 Reckless endangering in the second degree. 11 Del.C. §603

20.1.3 Reckless endangering in the first degree. 11 Del.C. §604

20.1.4 Abuse of a pregnant female in the second degree. 11 Del.C. §605

20.1.5 Abuse of a pregnant female in the first degree. 11 Del.C. §606

20.1.6 Assault in the second degree. 11 Del.C. §612

20.1.7 Assault in the first degree. 11 Del.C. §613

20.1.8 Assault by abuse or neglect. 11 Del.C. §615

20.1.9 Terroristic threatening. 11 Del.C. §621(a)(b)

20.1.10 Unlawful administering drugs. 11 Del.C. §625

20.1.11 Unlawful administering controlled substance or counterfeit substance or narcotic drugs. 11 Del.C. §626

20.1.12 Prohibited acts as to substances releasing vapors or fumes. 11 Del.C. §627

20.1.13 Vehicular assault in the second degree. 11 Del.C. §628

20.1.14 Vehicular assault in the first degree.11 Del.C. §629

20.1.15 Vehicular homicide in the second degree. 11 Del.C. §630

20.1.16 Vehicular homicide in the first degree. 11 Del.C. §630A

20.1.17 Criminally negligent homicide. 11 Del.C. §631

20.1.18 Manslaughter. 11 Del.C. §632

20.1.19 Murder by abuse or neglect in the second degree. 11Del.C. §633

20.1.20 Murder by abuse or neglect in the first degree. 11 Del.C. §634

20.1.21 Murder in the second degree. 11 Del.C. §635

20.1.22 Murder in the first degree. 11 Del.C. §636

20.1.23 Unlawful sexual contact in the second degree. 11 Del.C. §768

20.1.24 Unlawful sexual contact in the first degree. 11 Del.C. §769

20.1.25 Rape in the fourth degree. 11 Del.C. §770

20.1.26 Rape in the third degree. 11 Del.C. §771

20.1.27 Rape in the second degree. 11 Del.C. §772

20.1.28 Rape in the first degree. 11 Del.C. §773

20.1.29 Sexual extortion. 11 Del.C. §776

20.1.30 Continuous sexual abuse of a child. 11 Del.C. §778

20.1.31 Female genital mutilation. 11 Del.C. §780

20.1.32 Unlawful imprisonment in the first degree. 11 Del.C. §782

20.1.33 Kidnapping in the second degree. 11 Del.C. §783

20.1.34 Kidnapping in the first degree. 11 Del.C. §783A

20.1.35 Arson in the first degree. 11 Del.C.. §803

20.1.36 Burglary in the third degree. 11 Del.C. §824

20.1.37 Burglary in the second degree. 11 Del.C. §825

20.1.38 Burglary in the first degree. 11 Del.C. §826

20.1.39 Multiple Offenses. 11 Del.C. §827

20.1.40 Possession of burglar’s tools or instruments facilitating theft. 11 Del.C. §828

20.1.41 Robbery in the second degree.11 Del.C. §831

20.1.42 Robbery in the first degree. 11 Del.C. §832

20.1.43 Carjacking in the second degree. 11 Del.C. §835

20.1.44 Carjacking in the first degree. 11 Del.C. §836

20.1.45 Shoplifting. 11 Del.C. § 840

20.1.46 Theft. 11 Del.C. §841

20.1.47 Theft of Services. 11 Del.C. §845

20.1.48 Extortion.11 Del.C.. §846

20.1.49 Misapplication of property. 11 Del.C. §848

20.1.50 Theft of rented property. 11 Del.C. §849

20.1.51 Receiving stolen property. 11 Del.C. §851

20.1.52 Identity theft. 11 Del.C. §854

20.1.53 Forgery. 11 Del.C. §861

20.1.54 Falsifying business records. 11 Del.C. §871

20.1.55 Tampering with public records in the second degree. 11 Del.C. §873

20.1.56 Tampering with public records in the first degree. 11 Del.C. §876

20.1.57 Offering a false instrument for filing. 11 Del.C. §877

20.1.58 Issuing a false certificate. 11 Del.C. §878

20.1.59 Bribery. 11 Del.C. §881

20.1.60 Bribe receiving. 11 Del.C. §882

20.1.61 Issuing a bad check. 11 Del.C.§900

20.1.62 Criminal impersonation of a police officer. 11 Del.C. §907B

20.1.63 Unlawfully concealing a will. 11 Del.C. §908

20.1.64 Fraudulent conveyance of public lands. 11 Del.C. §911

20.1.65 Fraudulent receipt of public lands. 11 Del.C. §912

20.1.66 Insurance fraud.11 Del.C.. §913

20.1.67 Health care fraud. 11 Del.C. §913A

20.1.68 New home construction fraud. 11 Del.C. §917

20.1.69 Unauthorized access. 11 Del.C. §932

20.1.70 Theft of computer services. 11 Del.C. §933

20.1.71 Interruption of computer services. 11 Del.C. §934

20.1.72 Misuse of computer system information. 11 Del.C. §935

20.1.73 Destruction of computer equipment. 11 Del.C. §936

20.1.74 Dealing in children. 11 Del.C. §1100

20.1.75 Abandonment of a child. 11 Del.C. §1101

20.1.76 Endangering the welfare of a child. 11 Del.C. §1102

20.1.77 Sexual exploitation of a child. 11 Del.C. §1108

20.1.78 Unlawful dealing in child pornography. 11 Del.C. §1109

20.1.79 Possession of child pornography. 11 Del.C. §1111

20.1.80 Sexual solicitation of a child. 11 Del.C. §1112A

20.1.81 Bribery. 11 Del.C. §1201

20.1.82 Receiving a bribe. 11 Del.C. §1203

20.1.83 Giving unlawful gratuities. 11 Del.C. §1205

20.1.84 Receiving unlawful gratuities. 11 Del.C. §1206

20.1.85 Perjury in the third degree. 11 Del.C. §1221

20.1.86 Perjury in the second degree. 11 Del.C. §1222

20.1.87 Perjury in the first degree. 11 Del.C. §1223

20.1.88 Making a false written statement. 11 Del.C. §1233

20.1.89 Threats to public officials. 11 Del.C. §1240

20.1.90 Assault in a detention facility. 11 Del.C. §1254

20.1.91 Bribing a witness. 11 Del.C. §1261

20.1.92 Bribe receiving by a witness. 11 Del.C. §1262

20.1.93 Tampering with a witness. 11 Del.C. §1263

20.1.94 Interfering with child witness. 11 Del.C. §1263A

20.1.95 Bribing a juror. 11 Del.C. §1264

20.1.96 Bribe receiving by a juror. 11 Del.C. §1265

20.1.97 Tampering with physical evidence. 11 Del.C. §1269

20.1.98 Disorderly conduct. 11 Del.C. §1301

20.1.99 Felony hate crimes. 11 Del.C. §1304

20.1.100 Harassment. 11 Del.C. §1311

20.1.101 Aggravated harassment. 11 Del.C. §1312

20.1.102 Felony stalking. 11 Del.C. §1312A

20.1.103 Trading in human remains and associated funerary objects. 11 Del.C. §1333

20.1.104 Adulteration.11 Del.C. §1339

20.1.105 Carrying a concealed deadly weapon. 11 Del.C. §1442

20.1.106 Possessing a destructive weapon. 11 Del.C. §1444

20.1.107 Felony possession of a deadly weapon during the commission of a felony. 11 Del.C. §1447

20.1.108 Possession of a firearm during commission of a felony. 11 Del.C. §1447A

20.1.109 Possession and purchase of deadly weapons by persons prohibited. 11 Del.C. §1448

20.1.110 Theft of a firearm. 11 Del.C. §1451

20.1.111 Engaging in a firearms transaction on behalf of another. 11 Del.C. §1455

20.1.112 Removing a firearm from the possession of a law enforcement officer. 11 Del.C.. §1458

20.1.113 Act of intimidation. 11 Del.C.. §3532

20.1.114 Aggravated act of intimidation. 11 Del. C. §3533

20.1.115 Prohibited drug offenses A. 16 Del.C. §4751

20.1.116 Prohibited drug offenses B. 16 Del.C. §4752

20.1.117 Unlawful delivery of noncontrolled substances. 16 Del.C. §4752A

20.1.118 Prohibition against transfer, sale and purchase. 7 Del.C. §5306

20.1.119 Alteration, theft or destruction of will. 12 Del.C. §210

20.1.120 Receiving or transferring stolen vehicle. 21 Del.C. §6704

20.2 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.

*Please Note: As the rest of the sections were not amended they are not being published. A complete set of the rules and regulations for the Board of Professional Land Surveyors is available at: http://www.professionallicensing.state.de.us/boards/landsurveyors/index.shtml

8 DE Reg. 1280 (3/1/05)