department of administrative services
Division of Professional Regulation
2700 Board of Professional Land Surveyors
ORDER
FINAL
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