THE PROFESSIONAL ENGINEERS ACT

Transcription

1 DEPARTMENT OF I8nsumer ~AFFalrs EDMUND G. BROWN JR. Governor RICHARD B. SPOHN DirodDT THE PROFESSIONAL ENGINEERS ACT Issued by BOARD OF REGISTRATION FOR PROFESSiONAL ENGINEERS 1982 ACT INCLUDES AMENDMENTS THROUGH JAMES W. BAETG., ExecutIve Secretary 1006 Fourth Street, 6th Floor Sacramento, Califomia

2 THE PROFESSIONAL ENGINEERS ACT 3 Seal 6719, 6764 Certificate of registration Duplicate certificate 6765 Fee 6799 Duration : Engineering-in-training 6756 Issuance of 6762 without written examination 6759 Presumptive evidence of registration ~ 6766 Renewal 6795, 6796, Revocation or suspension 6775 Temporary registration 6760 Unlawful to use, after expiration, suspension or revocation 6733 Citation of law 6700 Civil Engineer Defined 6702 Registration required to protect public 6730 Use of title 6732, 6787 Consulting Engineer Exemption from restrictions on use of title Licensed photogrammetric surveyor as Use of title 6732 Definitions Civil engineer 6702 Electrical engineer , Mechanical engineer , Professional engineer 6701 Responsible charge of work 6703 Supervision of construction Subordinate 6705 Disciplinary proceedings Conduct of 6776 Grounds for Investigation of complaints 6775 Education, experience equivalence Applicant for registration 6751, 6753 Electrical engineer Defined Registration required to protect public 6730 Use of title 6732, 6787 Engineer-in-training Certificate 6756 Duration of certificate 6756 Fee for application for certificate 6799 Limitations on authority Qualifications of applicant 6751 Examination for registration or certification Engineer-in-training 6755 Professional engineer 6755

3 4 THE PROFESSIONAL ENGINEERS ACT Re-examination after failure 6758 Required 6751 Scope of 6754, 6755 Test of knowledge and ability 6755 Time and place of Exemptions Architects 6737 Civil engineers Contractors , Employees of Communications companies and contractors 6746 Federal government 6739 Group practice 6738, Industrial corporations 6747 Land surveyors 6743 Lessee of property 6744 Non-residents 6741 Owner of property 6744 Real estate licenses 6742 Specific services Structures Subordinate 6740 Experience qualifications Applicants for registration 6751, 6752, 6753 Fees Application 6799 Duplicate certificate 6799 Fund, professional engineers, accrual to 6797 Issuance of certificate of registration to replace an expired one Re-examination for registration 6758 Refunds , 6798 Renewal of certificate 6795 Expired while suspended Expired while revoked Failure to renew within five years Reinstatement of certificate expired for failure to renew 6796 Schedule of 6799 Structural engineer's certificate of authority 6799 Temporary registration 6799 Group practice Mechanical engineer Defined Registration required to protect public 6730 Use of title 6732, 6787 Misdemeanors 6787 Duty of respective members of the legal system to prosecute 6786 Professional engineer Basis for granting certificate 6762 Defined 6701

4 THE PROFESSIONAL ENGINEERS ACT 5 Grounds for discipline of." """.""..""" ""." "".""" 6775 May obtain a seal 6764 Renewal of registration certificate as "." Stamping or signing plans unlawful by others "." Use of title 6704, 6787 Protected title Certificate or authority to use, duration".".""""""...".".""."..."""" Unlawful use of """"""""'''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''' 6732, 6787 Use of"".""" "" " "",," """""..""." """ """."""",,,..,, " Together with signature or seal "..""""""""."""."""""."""""""" Registration Application for """"..""" """."" """"."""".""" """." Armed forces, credit for experience """"""."".""""""""""""""" By comity """".."".."" """ "".""" ""." "." "." """." """ 6759 Education, experience credit for.""""."""""""."".""."""."" 6751, 6753 Experience qualifications for "."""""".""""".""".".""".." , 6752 Necessity of, for Civil, Electrical and Mechanical Engineers.." 6730 Temporary ".""" " "" " " " " " " 6760 Without examination." """.." " " " 6767 Revocation or suspension of certificate Causes "" " "" " " " " " ".." " " 6775 Conviction following plea of nolo contendere """ " " 6779 Reissuance " ".." ".".".." " """.,,.."..".." " Roster, filing with secretary of state " " 6715 Structural authority Application for " " " " " " ".."."" " " 6763 Experience for "" """ ".." """..""." """ 6736, , Requirement for prior civil registration "." """...".."""...,..." 6736

5 6 THE PROFESSIONAL ENGINEERS ACT Chapter 1709, Statutes of 1951 as Amended by Chapter965, Statutes of 1953; Chapters 688,689,1013,1336,1805,1808, Statutes of 1955; Chapters 198, 199,228,1708,2084, 2177, Statutes of 1957; Chapters 408,1645,1888, Statutes of 1959; Chapter 4, Statutes of 1960; Chapters 73,189,696,1252 and 1821, Statutes of 1961; Chapter 933, Statutes of 1963; Chapters 337, 769,1455 and 1967, Statutes of 1965; Chapters 739, 811,1463, 1656, and 1712, Statutes of 1967; Chapters 444, 895, 1049, 1175, and 1374, Statutes of 1968; Chapters 181,371,372,397,861,1080, and 1204, Statutes of 1969; Chapters 347,505, 888, and 1207, Statutes of 1970; Chapters 92, 108,320,321,322,323,324, 716,784,893,1133,1134,1157 and 1328, Statutes of 1971; Chapters 365, 558, 646 and 793, Statutes of 1972; Chapters 60 and 250rStatutes of 1973; Chapters 931 and 1064, Statutes of 1974; Chapters 579 and 896, Statutes of 1975; Chapters 439, 1188 and 1189, Statutes of 1976; Chapters 526 and 576, Statutes of 1977; Chapters 238, 600 and 1082r Statutes of 1978; Chapter 824, Statutes of Comprising Chapter 7 of Division 3, of the Business and Professions ~ Code, relating to professional engineers. CHAPTER 7. PROFESSIONAL ENGINEERS Article 1. General Provisions This chapter of the Business and Professions Code constitutes the chapter on professional engineers in the branches of chemical, civil, electrical, industrial mechanical, metallurgical, and petroleum engineering and in such other engineering disciplines as are approved by the board as necessary for the protection ofthe public health and safety. It may be cited as the Professional Engineers Act The board may establish, by rule, the criteria and filing fee for the establishment of an engineering discipline by petition. Such fee shall be set by the board in an amount not to exceed the cost of the investigation of such petition. In no event shall the fee exceed one thousand five hundred dollars ($1,500) "Professional engineer," within the meaning and intent of this act, refers to a person engaged in the professional practice of rendering service or creative work requiring education, training and experience in engineering sciences and the application of special knowledge of the mathematical, physical and engineering sciences in such professional or creative work as consultation, investigation, evaluation, planning or design of public or private utilities, structures, machines, processes, circuits, buildings, equipment or projects, and supervision of construction for the purpose of securing compliance with specifications and design for any such work "Civil engineer" as used in this chapter means a professional engineer in the branch of civil engineering and refers to one who practices or offers to practice civil engineering in any of its phases "Electrical engineer" as used in this chapter means a professional engineer in the branch of electrical engineering and refers to one who practices or offers to practice electrical engineering in any of its phases.

6 THE PROFESSIONAL ENGINEERS ACT ,2, "Mechanical engineer" as used in this chapter means a professiollal engineer in the branch of mechanical engineering and refers to one who practices or offers to practice mechanical engineering in any of its phases, 6703, The phrase "responsible charge of work" means the independent control and direction, by the use of initiative, skill, and independent judgment, of the investigation or design or professional engineering work or the direct engineering control of such projects_ 6703,1. The phrase "supervision of the construction of engineering structures" means the periodic observation of materials and completed work to observe their general compliance with plans, specifications, and design and planning concepts, and does not include responsibility for the superintendence of construction processes, site conditions, operations, equipment, personnel, or the maintenance of a safe place to work or any safety in, on, or about the site of work. 6704, In order to safeguard life, health, property, and public welfare, only persons registered under the provisions of this chapter shall he entitled to take and use the titles "consulting engineer," "professional engineer," or "registered engineer," or any combination of such titles, and according to registration with the board the titles "civil engineer," structural engineer," chemical engineer," "electrical engineer," "industrial engineer," "Inechanical engineer," "metallurgical engineer," "petroleum engineer," "engineer-in-training" or the titles in such other branches as the board may establish, The provisions of this act pertaining to registration of professional engineers in the branches of chemical, electrical, industrial, mechanical, metallurgical, and petroleum engineering do not apply to employees in the conlmtmicabol1 industry; nor to the employees of contractors while engaged in work on communication equipmeilt; pro~ vided, that such employees may not use the title unless registered, Nor shall the provisions of this section prevent the use of the title "consulting engineer" by a person who has qualified for and maintained exernption for using such title under the pro\'isions of Section 6732,1, or by a person licensed as a photogranlinetric surveyor under the provisions of Chapter 15 (commencing with Section 8700) of Dh-ision 3 regardless of whether or not he has received corllmissioll from clients and fees for services rendered. 6705, A subordinate is any person who assists a registered professional engineer in the practice of profes.sional engineering without assuming responsible charge of work. Article 2. A.drninistration 6710, There is in the Department of Consumer Affairs a State Boarcl of Registration for Professional Engineers. which consists of 13 members appointed by the Governor, 671 I. Each member of the board shall be a citizen of the United States, Five members shall be registered lmeler this chapter. One member shall be licensed under the Land Surveyors Aet. Chapter 1.5 (commencing with Section 8700) of this di\-ision, and se\'en shall be public members who are

7 8 THE PROFESSIONAL ENGINEERS ACT not registered under this act or licensed under the Land Surveyors' Act. Each member, except the public members, shall have at least 12 years active experience and shall be of good standing in his profession. Each member shall be at least 30 years of age, and shall have been a resident of this state for at least five years immediately preceding his appointment All appointments to the board shall be for a term of four years. Vacancies shall be filled by appointment for the unexpired term. Each appointment thereafter shall be for a four-year term expiring on June 1 of the fourth year following the year in which the previous term expired. Each member shall hold office until the appointment and qualification of his successor or until one year shall have elapsed since the expiration of the term for which he was appointed, whichever first occurs. No person shall serve as a member of the board for more than two consecutive terms, but this provision shall not apply to any member in office on November 23,1970. The Governor shall appoint the public members provided for at the 1976 portion of the session of the Legislature to fill any vacancy, consistent with the requirements oflicentiate representation, occurring in the office of a member who is a licentiate of the board. The Governor shall appoint professional members so that one is licensed to practice engineering as a civil engineer, one as an electrical engineer, one as a mechanical engineer, another is authorized to use the title of structural engineer, and one is a member ofone ofthe remaining branches of engineering The Governor may remove any member of the board for misconduct, incompetency or neglect of duty The board shall appoint an executive secretary at a salary to be fixed and determined by the board with the approval of the Director of Finance The secretary shall keep a complete record ofall applications for registration and the board's action thereon and, once every four years, shall prepare a roster showing the names and addresses of all registered professional engineers. Between July 1 and December 1 in each year. except the year in which the roster is prepared, he shall prepare a supplemental roster showing changes in and additions to the roster. A copy of the roster and supplemental roster shall be filed with the Secretary of State. Copies of each shall be available on application to the secretary, at such price per copy as may be fixed by the board The board may adopt such rules and regulations as are not inconsistent with law and as ate reasonably necessary to govern its action. Such rules and regulations shall be adopted in accordance with the provisions of the Administrative Procedure Act. The board shall hold at least two regular meetings each year. Special meetings shall be held at such times as the board rules provide. Notice of all meetings shall be governed by the board rule. A majority of the board constitutes a quorum The board may, by regulation, define the scope of each branch of professional engineering other than civil engineering for which regis-

8 THE PROFESSIONAL ENGINEERS ACT 9 tration is provided under this chapter Any member of the board may administer oaths and may take testimony and proofs concerning all matters within the board's jurisdiction The board shall adopt and have an official seal which shall be affixed to all certificates of registration Each member ofthe boardshall receive a per diem and expenses as provided in Section The board, when it deems necessary, may establish professional engineers investigation committees to assist the board in the investigation of claims ofviolation ofany provision under this chapter. Each committee shall report its findings and recommendations to the board. Any member of such a committee may act as an expert witness at a hearing conducted by the board when the hearing is conducted as a result of the committee's investigation. Each committee shall exist so long as the board deems that it is necessary Each member of each committee shall be appointed by the board and shall serve at the pleasure of the board. Each committee shall be composed of no more than five members Each member of each committee shall be an expert in the branch of engineering that the committee is investigating and shall be registered under this chapter All the members of each committee shall serve without compensation but shall receive per diem and expenses as provided in Section Each member ofeach investigation committee shall be granted the same immunity as is granted to a public employee pursuant to Article 3 (commencing with Section 820) of Chapter 1 of Part 2 of Division 3.6 of Title 1 of the Government Code. Article 2.3. Professional Engineers Review Committees The board, when it deems necessary, may establish professional engineers review committees to hear all matters assigned by the board, including, but not limited to, any contested case which is assigned by the board. Each committee shall exist so long as the board deems that it is necessary Each review committee shall consist of no fewer that three registered professional engineers appointed by the board. Each member of a committee shall have the same qualifications and shall be subject to the same rules and regulations as if he were a member of the board Each member of a committee shall receive a per diem and expenses as provided in Section 103 of this code Except as otherwise provided in this article, all hearings which are conducted by a committee shall be conducted in accordance with the provisions of Chapter 5 (commencing with Section 11500), Part 1, Division 3, Title 2 of the Government Code.

9 10 THE PROFESSIONAL ENGINEERS ACT If a contested case is heard by a committee, the hearing officer who presided at the hearing shall be present during the committee's consideration of the case and, if requested, shall assist and advise the committee At the conclusion of any hearing which is conducted by a committee, the committee shall prepare a proposed decision, in such form that it may be adopted by the board as the decision in the case, and shall transmit it to the board. The proposed decision shall be subject to the same procedure as the proposed decision of a hearing officer under subdivisions (b) and (c) of Section of the Government Code The board may adopt, amend or repeal, in accordance with the provisions of Chapter 4.5 (commencing with Section 11371), Part 1, Division 3, Title 2 of the Government Code, such rules and regulations as are necessary to implement these sections. Article 3. Application of Chapter In order to safeguard life, health, property and public welfare, any person, either in a public or private capacity, except as in this chapter specifically excepted, who practices, or offers to practice, civil engineering, electrical engineering or mechanical engineering, in any of its branches in this state, shall submit evidence that he is qualified to practice, and shall be registered accordingly as a civil engineer, electrical engineer or mechanical engineer by the board Civil engineering embraces the following studies or activities in connection with fixed works for irrigation, drainage, waterpower, water supply, flood control, inland waterways, harbors, municipal improvements, railroads, highways, tunnels, airports and airways, purification of water, sewerage, refuse disposal, foundations, framed and homogeneous structures, buildings, or bridges: (a) The economics of, the use and design of, materials of construction and the determination of their physical qualities. (b) The supervision of the construction of engineering structures. (c) The investigation of the laws, phenomena and forces of nature. (d) Appraisals or valuations. (e) The preparation and/or submission of designs, plans and specifications and engineering reports. Civil engineering also includes city and regional planning insofar as any of the above features are concerned therein. Civil engineering also includes land surveying as defined in Chapter 15 (commencing with Section 8700) of Division 3, provided that for civil engineers who become registered after January 1, 1982, they shall pass the examination provided for in Section , before practicing land surveying as defined in Chapter 15 (commencing with Section 8700) of Division It is unlawful for anyone other than a professional engineer registered under this chapter, to stamp or seal ~ny plans, specifications, plats, reports, or other documents with the seal or stamp of a professional engineer, or to in any manner use the title "professional engineer," "chemical engineer," "civil engineer," "electrical engineer," "mechanical engi~

10 THE PROFESSIONAL ENGINEERS ACT 11 neer," "metallurgical engineer," "petroleum engineer," "industrial engineer," "consulting engineer," or the titles in such other branches as the board may establish, or any combination of such words and phrases unless registered hereunder Any person who has been granted permission to use the title "consulting engineer" pursuant to legislation enacted at the 1963, 1965, or 1968 Regular Session is exempt from the provisions of Section 6732 as it restricts the use of the title "consulting engineer", and such exemption shall apply so long as the applicant remains in practice and advises the board of any change of address within 30 days of such change. The board may adopt such rules under provisions of the Administrative Procedure Act as are necessary to implement this section. The provisions of Articles 5 (commencing with Section 6775),6 (commencing with Section 6785), and 7 (commencing with Section 6795) of this chapter shall apply to all persons who are granted permission to use the title "consulting engineer" pursuant to legislation enacted in 1963 and 1965 and the amendments to this section enacted at the 1968 Regular Session Any person who possesses a valid certificate to practice photogrammetry issued to him under the provisions of Chapter 15 (commencing with Section 8700) of this division may apply for, and be issued, a certicate of authority to use the title "consulting engineer," if all of the following requirements are satisfied: (a) Application is made on a form providcd by the board and is accompanied by the fees prescribed in Section (b) Information submitted evidences to the satisfaction of the board that the applicant has had five years of independent control in furnishing consulting photogrammetric, geodetic, or topographic surveying services or consulting surveying services in connection with fixed works as defined in Section Authority to use the title "consulting engineer" granted under this section does not affect authorizations made under the several provisions provided in Section Authority to use the title "consulting engineer" granted under this section shall remain valid only while its holder's basic license is valid, and if it lapses it may be renewed only as provided in Article 7 (commencing with Section 6795). The provisions of Article 5 (commencing with Section 6775), Article 6 (commencing with Section 6785), and Article 7 (commencing with Section 6795), of this chapter, shall apply to the certificates issued as provided in this section and to the persons so certificated It is unlawful for anyone to stamp orseal any plans, specifications, plats, reports, or other documents with the seal after the certificate of the registrant, named thereon, has expired or has been suspended or remked, unless the certificate has been renewed or reissued Any person practices civil engineering when he professes to be a civil engineer or is in responsible charge of civil engineering v.:ork Any person practices electrical engineering when he professes

11 12 THE PROFESSIONAL ENGINEERS ACT to be an electrical engineer or is in responsible charge of electrical engineering work Any person practices mechanical engineering when he professes to be a mechanical engineer or is in responsible charge of mechanical engineering work All civil engineering plans, specifications, reports or documents shall be prepared by a registered civil engineer or by a subordinate employee under his direction, and shall be signed by him to indicate his responsibility for them. In addition to his signature, he shall show his registration number or the stamp of his seal. The registercd civil engineer shall use together with his signature or seal, the title "civil engineer" or, if he has the authority, the title "structural engineer." All electrical engineering plans, specifications, reports or documents prepared by a registered electrical engineer or by a subordinate under his direction shall be signed by him to indicate his responsibility for them. In addition to his signature, he shall show his registration number or the stamp of his seal All mechanical engineering plans, specifications, reports or documents prepared by a registered mechanical engineer or by a subordinate under his direction shall be signed by him to indicate his responsibility for them. In addition to his signature, he shall show his registration number or the stamp of his seal No person shall use the title, "structural engineer," unless he is a registered civil engineer in this State and, furthermore, unless he has been found qualified as a structural engineer according to the rules and regulations established therefor by the board An architect, who holds a certificate to practice architecture in this State under the provisions of Chapter 3 of Division 3 of this code insofar as he practices architecture in its various branches. is exempt from registration under the provisions of this chapter This chapter does not prohibit the preparation of plans, drawings, specifications, estimates, or instruments of service by any person not registered as a civil, electrical or mechanical engineer for: (a) Single or multiple dwellings not more than two stories and basement in height. (b) Garages or other structures appurtenant to huildings described under subdivision (a) of this section. (c I Farm or ranch buildings. (d) Anyone-story building where the span between bearing walls does not exceed twenty-five (25) feet; provided, however, that the exemption in this subdivision does not apply to a steel frame or concrete building Nothing in this chapter shall prohibit a civil engineel, registered under the provisions of this chapter, from practicing or offering to practice any engineering in connection with or supplementary to civil engineering studies or activities as defined in Section For the purpose of this chapter a contractor, licensed under Chapter 9 (commencing with Section 7000) of Division 3, is exempt from

12 THE PROFESSIONAL ENGINEERS ACT 13 the provisions of this chapter relating to the practice of electrical or mechanical engineering so long as the services he holds himself out as able to perform or does perform, which services are subject to the provisions of this chapter, are performed on behalfofthe contractor by, or under the responsible supervision of a registered electrical or mechanical engineer insofar as the electrical or mechanical engineer practices the branch of engineering for which he is registered This chapter does not prohibit a contractor, licensed under Chapter 9 (commencing with Section 7000) of Division 3, while engaged in the business of contracting for the installation of electrical or mechanical systems or facilities, from designing such systems or facilities in accordance with applicable construction codes and standards for work to be performed and supervised by such contractor within the classification for which his license is issued, or from preparing electrical or mechanical shop or field drawings for work which he has contracted to perform. Nothing in this section is intended to imply that a licensed contractor may design work which is to be installed by any other person (a) This chapter does not prohibit one or more civil, electrical or mechanical engineers from practicing or offering to practice within the scope of their registration, civil, electrical or mechanical engineering through the medium of a partnership, firm or corporation, provided: (1) A civil, electrical or mechanical engineer is the partner, member, or directing officer in charge of the engineering practice of the partnership, firm, or corporation. (2) All engineering plans, specifications, and reports are prepared by or under the direct supervision ofa registered engineer in the appropriate branch of professional engineering, who shall sign or stamp with his seal such plans, specifications, and reports.. (3) The partnership, firm or corporate name shall not contain the name of any person who is either not registered by the board in a branch of professional engineering, or as an architect, or of any person who is not registered as a geologist under the provisions of the Geologist Act (Chapter 12.5, commencing with Section 7800, of this division); provided, that any holding out by such partnership, firm, or corporation ofany individual or individuals to the public as a member, or members, ofsuch partnership, firm, or corporation, other than by the use of the name or names of such individual or individuals in the partnership, firm, or corporate name, shall clearly and specifically designate the license status of such individual or individuals. (b) Except as provided in Section , nothing herein shall authorize the offering to practice or the practice of civil, electrical or. mechanical engineering by any persons, either as a member, officer or employee of any partnership, firm, Or corporation, who is not registered in the appropriate branch of professional engineering. (c) This chapter does not prevent or prohibit an individual, firm, company, association or corporation engaged in any line ofbusiness other than the practice ofcivil, electrical or mechanical engineering from employing a registered civil, electrical or mechanical engineer to perform the corre-

13 14 THE PROFESSIONAL ENGINF.ERS ACT sponding civil, electrical or mechanical engineering services incidental to the conduct of their business. (d) The provisions of this section shall not apply to, or prevent the use ofthe name of, any partnership, firm, or corporation engaged in rendering civil engineering services which lawfully is in existence, or was lawfully in existence on or after September 30, 1947; provided, all civil engineering plans, specifications, and reports are prepared by or under the direct supervision of a registered civil engineer, who may be " member of the firm, or a permanent employee of the partnership, firm, or corporation; provided further, that all civil engineering plans, specifications and reports shall be signed by or stamped with the seal of the registered civil engineer in ~harge of the preparation of the same. Nor shall they apply to or prevent the use of the name of any partnership, firm, or corporation engaged in rendering electrical or mechanical engineering services which lawfully is in existence, or was lawfully in existence, on or after December 31,1967; provided all electrical or mechanical engineering plans, specifications, and reports are prepared correspondingly by or under the direct supervision of a registered electrical or mechanical engineer, who may be a member of the firm, or a permanent employee of the partnership, firm, or corporation; provided further that all electrical or mechanical engineering plans, specifications and reports shall correspondingly be signed by or stamped with the seal of the registered electrical or mechanical engineer in charge of the preparation of the same. (e) The provisions ofthis section shall not prevent the use of the name of a partnership, firm, or corporation engaged in rendering professional engineering services which lawfully is in existence or was lawfully in existence on or after September 30, 1947, by any lawful successor-in interest or survivor if the board, upon written application informing it ofthe proposed method of carrying on the business and of the changes, if any, in personnel in charge of the engineering activities of the successor or survivor, determines, after investigation, that the actual operating organization of the partnership, firm, or corporation is substantially carried into qnd becomes an operating part of the successor or survivor and that the public safety, health, and welfare will not be impaired; provided that in the practice ofprofessional engineering such successor in interest or sun'ivor shall otherwise be subject to the provisions of paragraphs (1) and (2) of subdivision (a) of this section The provisions of Section 6738 shall not prevent a partnership, firm, or corporation engaged in rendering professional engineering services frqffi using in its name the name of a deceased or retired person where (a) the deceased or retired person's name had been used in the name of such partnership, firm, corporation, or a predecessor in interest of such partnership, firm, or corporation, for a period of five consecutive years prior to the death or retirement and continuously after the death or retirement, and where (b) the deceased or retired person shall have been a partner of such partnership, member of such firm, shareholder of such corporation, or a partner, member, or shareholder of such predecessor in

14 THE PROFESSIONAL ENGINEERS ACT 15 interest of the partnership, firm or corporation, and where (c) the deceased or retired person shall have been reg:stered by the board in a branch of professional engineering, or as an architect continuously for a period of five years prior to his death or retirement, if the board, upon written application informing it of the proposed method ofcarrying on the business and of the changes, if any, in personnel in charge of the engineering activities of such partnership, firm, or corporation, determines, after investigation, that the actual operating organization thereof is otherwise substantially the same as prior to the death or retirement and that the public safety, health, and welfare will not be impaired; provided that a retired person has consented to the continued use of his name, does not engage in the practice of professional engineering in California with any other partnership, firm, or corporation during the period of such consent, and does not permit the use of his name in the practice of professional engineering in California during the period of such consent by anyone other than the partnership, firm, or corporation from which he retired; and provided further that in the practice of professional engineering through such partnership, firm, or corporation it shall continue to be so carried on and shall otherwise be subject to the provisions of paragraphs (1) and (2) of subdivision (a) of Section A partnershp, firm, or corporation, which has complied with the provisions of subdivision (e) of Section 6738 shall be exempted from compliance with this section. Any partnership, firm, or corporation using in its name the name of a deceased person as provided for in this section shall designate on its letterheads and other listings of firm personnel the years in which the deceased was born and died Notwithstanding the provisions of subdivision (a) of Section 6738 the name of a partnership, firm, or corporation under w!:jich an engineer offers to and does practice may contain the names of licensed land "'.rveyors, if all other conditions of Sections 6738 and 8729 are com plied with Officers and employees of the United States of America practic ing solely as such officers or employees are exempt from registration under the provision of this ehapter A subordinate to a civil, eleetrical or mechanical engineer registered under this chapter, or a subordinate to a civil, electrical or mechanical engineer exempted from registration under this chapter, insofar as he acts solely in such capacity, is exempt from registration under the provisions of this ehapter. This exemption, however, does not permit any such subordinate to practice civil, electrical or mechanical engineering in his own right or to use the title, "civil engineer" or "structural engineer" or "electrical engineer" or "mechanical engineer." Any person, firm, partnership, or corporation is exempt from registration under the provisions of this chapter who meets all the following: (a) Is a nonresident of the State of California. (b) Is legally qualified in another state to practice as a civil engineer. (c) Does not maintain a regular place of business in this state.

15 16 THE PROFESSIONAL ENGINEERS ACT (d) Offers to but does not practice civil engineering in this state Any person, firm or corporation holding a license as real estate broker or real estate salesman, when making apprabals and valuations of real estate properties, while engaged in the business or acting in the capacity of a real estate broker or a real estate salesman, within the meaning of the California Real Estate Act is exempt from registration under the provisions of this chapter This chapter does not affect Chapter 15 ofdivision 3 of this code, relating to surveyors, except insofar as this chapter is expressly made applicable This chapter does not require registration for the purpose of practicing civil engineering, by an individual, a member of a firm or partnership, or by an officer of a corporation on or in connection with property owned or leased by the individual firm, partnership, or corporation, unless the civil engineering work to be performed involves the public health or safety or the health and safety of employees of the individual, firm, partnership or corporation This chapter does not prohibit any person, firm or corporation from furnishing, either alone or with subcontractors, labor and materials, with or without plans, drawings, specifications, instruments of service or other data covering with such labor and materials: (a) For store fronts, interior alterations or additions, fixtures, cabinet work, furniture or other appliances or equipment. (b) For any work necessary to provide for their installation. (c) For any alterations or additions to any building necessary to or attendant upon the installation of such store fronts, interior alterations or additions, fixtures, cabinet work, furniture, appliances or equipment; provided, such alterations do not affect the structural safety of the building Plans, specifications, reports and documents relating to communication lines and equipment prepared by employees of communications companies which come under the jurisdiction of the Public Utilities Commission, and by employees of contractors while engaged in work on communication equipment for communications companies which come under the jurisdiction of the Public Utilities Commission, are not subject to the provisions of this chapter This chapter, except for those provisions which apply to civil engineers and civil engineering, shall not be applicable to the performance of engineering work by a manufacturing, mining, public utility, research and development or other industrial corporation or by employees ofsucli corporation, provided such work is in connection with or incidental to the products, systems, or services of such corporation or its affiliates. Article 4. Registration An application for registration as a professional engineer or certification as an engineer-in-training shall be made to the board on the prescribed form, with all statements made therein under oath, and shall be accompanied by the application fee prescribed by this chapter. An application for registration as a professional engineer shall specify, addi-

16 THE PROFESSIONAL ENGINEERS ACT 17 tionally, the branch ofengineering in which the applicant desires registration (a) The applicant for registration as a professional engineer shan: (1) Not have committed acts or crimes constituting grounds for denial of registration under Section 480; (2) Except as provided in Section 6767, furnish evidence of six years or more ofexperience in engineering work satisfactory to the board evidencing that applicant is competent to practice the character of engineering in the branch for which he is applying for registration, and successfully pass the second division of the examination. (b) The applicant for certification as an engineer-in-training shall: (1) Not have committed acts or crimes constituting grounds for denial of registration under Section 480; (2) Successfully pass the first division of the examination. Graduation from an engineering school or college where the curriculum has been approved by the board shall count as four years ofexperience and each year ofstudy completed without graduation in an engineering school or college where the curriculum has been approved by the board shall count as one-half year of experience, except that applicants for registration in any branch of professional engineering shan not receive credit for more than four years ofexperience because of undergraduate educational qualification. The board, may in its discretion consider graduation in a nonaccredited engineering curriculum, as equivalent to not more than two years experience The board may consider the professional experience and education acquired by applicants outside the United States which in the opinion of the board is equivalent to the minimum requirements of the board establi,hed by regulation for professional experience and education in this state The board shan by rule establish the criteria to be used for approving curricula of schools of engineering An applicant for registration as a civil engineer must have gained his experience under the direction of a civil engineer legally qualified to practice With respect to applicants for registration as professional engineers, the board: (a) May at its discretion give credit as experience not in excess of one year, for satisfactory postgraduate work in a school of engineering where the curriculum has been approved by the board; (b) May consider engineering teaching, if of a character satisfactory to the board, as engineering experience not in excess of one year An applicants shan be given equal credit for engineering experience in the armed forces of United States as with any other comparable engineering experience, Examination for registration shan be held at such times and places as the board shan determine.

17 18 THE PROFESSIONAL ENGINEERS ACT Work of the board relating to examination and registration may be divided into committees as the board shall direct. The scope of examinations and the methods of procedure may be prescribed by board rule (a) Examination duration and composition shall be designed to conform to the following general principle: The first division of the examination shall test the applicant's knowledge of appropriate fundamental engineering subjects, including mathematics and the basic sciences; the second division of the examination shall test the applicant's ability to apply his or her knowledge and experience and to assume responsible charge in the professional practice of the branch of engineering in which the applicant is being examined. (b) The applicant for the second division of the examination shall have successfully passed the first division examination or shall be exempt therefrom. (c) The board may by rule provide for a waiver of the first division of the examination for applicants whose education and experience qualifications substantially exceed the requirements of Section (d) The board may by rule provide for a waiver of the second division of the examination and the assignment to a special examination for those applicants whose educational qualifications are equal to, and whose experience qualifications substantially exceed, those qualifications established under subdivision (c). The special examination may be either written or oral, or a combination of both (a) An applicant for certification as an engineer-in-training shall, upon making a passing grade in that division of the examination prescribed in Section 6755 of this chapter, relating to fundamental engineering subjects, be issued a certificate as an engineer-in-training. No renewal or other fee, other than the application fee, shall be cha'rged for this certification. Such eertificate shall become invalid when the holder has qualified as a professional engineer as provided in Section 6762 of this chapter. (b) An engineer-in-training certificate does not authorize the holder thereof to practice or offer to practice civil, electrical or mechanical engineering work, in his own right, or to use the titles specified in Section Applicants who profess to be qualified in more than one branch of engineering shall be required to file an application for each branch in which they wish to be registered An applicant failing in an exaillination may be examined again upon filing a new application and the payment of the application fee fixed by this chapter The board, upon application therefor, on its prescribed form, and the payment of the application fee fixed by this chapter, which fee shall be retained for the board, may issue a certificate of registration as a professional engineer, without written examination, to any person holding a certificate of registration issued to hirn by any state or country when the applicant's qualifications meet the requirements of this chapter, and rules established by the board A temporary authorization for the practice of engineering in a

18 THE PROFESSIONAL ENGINEERS ACT 19 branch defined by this chapter may be granted, for a specific project, upon application and payment of the fee prescribed in Section 6799 of this chapter for a period not to exceed sixty (60) consecutive days in any calendar year; provided: (a) He maintains no place of business in this state. (b) He is legally qualified to practice that branch of engineering in the state or country where he maintains a place of business. (c) The applicant demonstrates by means of an individual appearance before the board satisfactory evidence of his knowledge of the application of seismic forces in the design of structures or adequate knowledge in any of the other phases of civil and professional engineering for which the applicant proposes to practice under the temporary authorization. (d) Ifthe applicant can satisfy the board that completion of the specific project for which the authorization is granted, will require more than 60 consecutive calendar days, the board may extend the authorization to a period not to exceed 120 consecutive days. Upon completion of the requirements, the secretary on direction of the board shall issue a temporary authorization to the applicant In determining the qualifications of an applicant for registration, a majority vote of the board is required Any applicant who has passed the examination and has otherwise qualified hereunder as a professional engineer, shall have a certificate of registration issued to him as a professional engineer in the particular branch for which he is found qualified Application for authority to use the title, "structural engineer," shall be made to the board on forms prescribed by it and shall be accompanied by the application fee fixed by this chapter.. An applicant for authority to use the title "structural engineer" who has passed the examination prescribed by the board, shall have a certificate of authority issued to him If an applicant for registration as a professional engineer or certification as an engineer-in-training, or for authorization to use the title "structural engineer," is found by the board to lack the qualification required for admission to the examination for such registration, certification, or authorization, the board may, in accordance with the provisions of Section 158 of this code, refund to him one-half of the amount of his application fee Each professional engineer registered under this chapter may, upon registration, obtain a seal of a design authorized by the board bearing the registrant's name, number of his certificate, and the legend "professional engineer" and the particular branch in which he is registered A duplicate certificate of registration to replace one lost, destroyed, or mutilated may be issued subject to the rules and regulations of the board. The duplicate certificate fee fixed by this chapter shall be charged An unsuspended, unrevoked and unexpired certificate and endorsement of registry made under this chapter, is presumptive evidence

19 20 THE PROFESSIONAL ENGINEERS ACT in all courts and places that the person named therein is legally registered (a) The board may register an applicant without examination in any engineering discipline which the board has established pursuant to Section 6700 if the applicant, in the opinion of the board, has all the qualifications for such registration, and if the applicant complies with all the following: (1) Furnishes evidence of nine years or more of experience in engineering work satisfactory to the board evidencing that the applicant is competent to practice the character of engineering in the branch for which he is applying for registration. (2) Files his application prior to a final filing date to be established by the board. (b) The final filing date s;1all be set no later than three years following the adoption ofregulations by the board establishing each such discipline. (c) The board may adopt such regulations under provisions of the Administrative Procedure Act as are necessary to implement this section. Article 5. Disciplinary Proceedings The board may receive and investigate complaints against registered professional engineers, and make findings thereon. By a majority vote, the board may reprove, privately or publicly, or may suspend for a period not to exceed two years, or may revoke the certificate of any professional engineer registered hereunder: (a) Who has been convicted of a crime substantially related to the qualifications, functions and duties of a registered professional engineer, in which case the certified record of conviction shall be conclusive evidence thereof. (b) Who has been found guilty by the board ofany deceit, misrepresentation, violation of contract, fraud, negligence or incompetency in his practice. (c) Who has been found guilty of any fraud or deceit in obtaining his certificate. (d) Who aids or abets any person in the violation of any provisions of this chapter. (e) Who violates any provision of this chapter The proceedings under this article shall be conducted in accordance with Chapter 5 of Part 1 of Division 3 of Title 2 of the Government Code, and the board shall have all the powers granted The board may reissue a certificate ofregistration, certification, or authority, to any person whose certificate has been revoked if a majority of the members of the board vote in favor of such reissuance for reasons the board deems sufficient A plea or verdict ofguilty or a conviction following a plea of nolo contendere made to a charge substantially related to the qualifications, functions and duties ofa registered professional engineer is deemed to be a conviction within the meaning of this article. The board may order the certificate suspended or revoked, or may decline to issue a certificate, when the time for appeal has elapsed, or the judgment of conviction has

20 THE PROFESSIONAL ENGINEERS ACT 21 been affirmed on appeal or when an order granting probation is made suspending the imposition of sentence, irrespective of a subsequent order under the provisions of Section of the Penal Code allowing such person to withdraw his plea of guilty and to enter a plea of not guilty, or setting aside the verdict of guilty, or dismissing the accusation, information or indictment. Article 6. Offenses Against the Chapter The board shall have the power, duty, and authority to investigate violations of the provisions of this chapter It is the duty of the respective members of the legal system to prosecute all persons charged with the violation of any of the provisions of this chapter. It is the duty of the secretary of the board, under the direction of the board, to aid such officers in the enforcement of this chapter Every person is guilty of a misdemeanor and for each offense of which he is convicted is punishable by a fine of not more than five hundred dollars ($500) or by imprisonment not to exceed three.months, or by both fine and imprisonment: (a) Who, unless he is exempt from registration under this chapter, practices or offers to practice civil, electrical or mechanical engineering in this state according to the provisions of this chapter without legal authorization. (b) Who presents or attempts to file as his own the certification of registration of another. (c) Who gives false evidence of any kind to the board, or to any member thereof, in obtaining a certificate of registration. (d) Who impersonates or uses the seal of any other practitioner. (e) Who uses an expired or revoked certificate of registration. (f) Who shall represent himself as, or use the title of, registered civil, electrical or mechanical engineer, or any other title whereby such person could be considered as practicing or offering to practice civil, electrical or mechanical engineering in any ofits branches, unless he is correspondingly qualified by registration as a civil, electrical or mechanical engineer under this chapter. (g) Who, unless appropriately registered, manages, or conducts as manager, proprietor, or agent, any place ofbusiness from which civil, electrical or mechanical engineering work is solicited, performed or practiced. (h) Who uses the title, or any combination ofsuch title, or "professional engineer," "registered engineer:' "chemical engineer," "civil engineer," "electrical engineer," "industrial engineer," "mechanical engineer," "metallurgical engineer," "petroleum engineer," "structural engineer," or "engineer-in-training," or the titles in such other branches as the board may establish, or who makes use of any abbreviation of such title which might lead to the belief that he is a registered engineer, without being registered as required by this act. (i) Who uses the title "consulting engineer" without being registered as required by this act or without being authorized to use such title pursuant to legislation enacted at the 1963, 1965 or 1968 Regular Session.

21 22 THE PROFESSIONAL ENGINEERS ACT U) Who violates any provision of this chapter. Article 7. Revenue Certificates ofregistration as a professional engineer, and certificates ofauthority, shall be valid for a period offour years commencingjuly 1, All certificates in effect on the effective date of this amendment to this section shall expire at 12:00 midnight on June 30, Quadrennial renewals shall be staggered on a quarterly basis. To renew an unexpired certificate, the certificate holder shall, on or before the date of expiration indicated on the renewal receipt, or on or before June 30, 1976, if no date of expiration is specified, apply for renewal on a form prescribed by the board, and pay the renewal fee prescribed by this chapter. Until January 1, 1977, the board may renew certificates of registration for less than a four-year period, in order to redistribute renewal dates, but only ifthe renewal fees are varied accordingly so that no person is charged more for a renewal on a yearly basis than any other person. Prior to June 30, 1976, the list of active registrants shall be divided alphabetically into 16 groups corresponding to the 16 quarters in the quadrennial renewal period and renewal notices shall be sent to all registrants based on the following pro rata schedule: Renewal Group Interim expiration date fee One-eighth December 31, $5.00 One-sixteenth March 31, One-sixteenth June 30, One-sixteenth September 30, One-sixteenth Decemher 31, One-sixteenth March 31, One-sixteenth June 30, One-sixteenth September 30, One-sixteenth December 31, One-sixteenth March 31, One-sixteenth June 30, One-sixteenth September 30, One-sixteenth December 31, One-sixteenth March 31, One-sixteenth June 30, On July 1, 1976, as certificates of registration are renewed, new receipts shall be issued indicating the interim expiration date. As interim expiration dates come up, certificates ofregistration shall be renewed for the full four-year period and new receipts issued indicating the next quadrennial expiration date Except as otherwise provided in this article, certificates ofregis tration as a professional engineer, and certificates of authority may be renewed at any time within five years after expiration on filing of application for renewal on a form prescribed by the board and payment of the renewal fee in effect on the last preceding regular renewal date. If the certificate is renewed more than 30 days after its expiration, the certificate

22 THE PROFESSIONAL ENGINEERS ACT 23 holder, as a condition precedent to renewal, shall also pay the delinquency fee prescribed by this chapter. Renewal under this section shall be effective on the date on which the application is filed, on the date on which the renewal fee is paid, or on the date on which the delinquency fee, if any, is paid, whichever last occurs A suspended certificate is subject to expiration and shall be renewed as provided in this article, but such renewal does not entitle the holder of the certificate, while it remains suspended and until it is reinstated, to engage in the activity to which the certificate relates, or in any other activity or conduct in violation of the order orjudgment by which it was suspended A revoked certificate is subject to expiration as provided in this article, but it may not be renewed. If it is reinstated after its expiration, the holder of the certificate, as a condition precedent to its reinstatement, shall pay a reinstatement fee in an amount equal to the renewal fee in effect on the last regular renewal date before the date on which it is reinstated, plus the delinquency fee, if any, accrued at the time of its revocation Certificates of registration as a professional engineer, and certificates of authority to use the title "structural engineer" or "consulting engineer" '...hich are not renewed within five years after expiration may not be renewed, restored, reinstated, or reissued thereafter. The holder of such certificate may apply for and obtain a new certificate, however, if: (a) He has not committed any acts or crimes constituting grounds for denial of registration or of a certificate under Section 480. (b) He takes and passes the examination, if any, which would be required ofhim ifhe were then applying for the certificate for the first time, or otherwise establishes to the satisfaction of the board that, with due regard for the public interest, he is qualified to practice the branch of engineering in which he again seeks to be certified, and (c) He pays all of the fees that would be required ofhim ifhe were then applying for the certificate for the first time. The board may, by regulation, provide for the waiver or refund of all or any part of the application fee in those cases in which a certificate is issued without an examination pursuant to the provisions of this section The department shall receive and account for all money derived from the operation of this chapter and, at the end of each month, shall report such money to the State Controller and shall pay it to the State Treasurer, who shall keep the money in a separate fund known as the Professional Engineer's Fund. This fund shall be expended in accordance with law for the payment of all actual and necessary expenses incurred in carrying out the provisions of this chapter The board may make refunds of all fees in accordance with Section 158 of this code The amount of the fees prescribed by this chapter shall be fixed by the board in accordance with the following schedule: (a) The fee for filing each application for registration as a professional

23 24 THE PROFESSIONAL ENGINEERS ACT engineer at not more than sixty dollars ($60), for authority to use the title "structural engineer" at not more than seventy-five dollars ($75), and for each application for certification as an engineer-in-training at not more than forty dollars ($40). (b) The duplicate certificate fee at not more than six dollars ($6). (c) The temporary registration fee for a professional engineer at not more than twenty dollars ($20). (d) The renewal fee for a professional engineer shall be fixed by the board at not more than forty dollars ($40) for each branch ofprofessional engineering in which registration is held; and the renewal fee for authority to use the title "structural engineer" at not more than forty dollars ($40). (e) The delinquency fee is an amount equal to 50 percent ofthe renewal fee in effect on the date ofits reinstatement, but not more than twentyfive dollars ($25). Applicants wishing to be examined in more than one branch of engineering shall be required to pay the additional fee for each examination after the first. PhOtoelectroIUC composib'on by c:.u.il'ornta amce Of' STATE I"IU1'mNC 7f M :Jll!1J04

24 STATE Of CAliFORNIA r.iii EDMUND G. BROWN JR. Governor RICHARD B. SPOHN Director THE LAND SURVEYORS' ACT Issued by BOARD OF REGISTRATION FOR PROFESSIONAL ENGINEERS 1982 ACT INCLUDES AMENDMENTS THROUGH JAMES W. BAETGE, Executive Secretary 1006 Fourth Street, 6th Floor Sacramento, California

25 THE LAND SURVEYORS' ACT INDEX Section Application for license Educational qualifications 8742 Fees 8805 Accompanying application 8740 Re-examination on failure 8746 Form 8740 Pledge 8744 Records of 8711 References submitted with 8743 Board of registration Administration of law 8710 Clerical assistance 8713 Committees Investigation Compensation of members Establishment of 8715 Immunity from liability Membership Qualifications Review Establishment of 8720 Expenses Hearings, conduct of Membership Proposed decision Rules and regulations to implement article Enforcement of law 8790 Notice to board of foreign surveyor's intention to practice in state 8753 Prosecution for violation of law 8790 Reference to 8706 Rules and regulations 8710 Scope of examinations, etc., prescribed by 8745 Secretary Annual roster of licenses 8712 Record application for license 8711 Reference to 8707 Cadastral surveying 8726 Certificate Duplicate 8749 Renewal, presumptive evidence of license 8752 Citation of law : 8700 Director, defined Disciplinary proceedtogs , 8781, 8784 Conduct of 8781 Educational qualifications of applicant for license 8742 Examination for license 8745

26 THE LAND SURVEYORS' ACT Division of 8741 Issuance of license to passing applicant 8747 Issuance without examination 8748 Re-examination on failure 8746 Exemptions from licensing Civil engineering 8731 Designs 8728 Employees City 8730 County 8730 District Federal government 8730 Group practice 8729 Subordinates 8730 Surveys Geological Landscaping 8727 Experience qualifications of applicants 8742 Fees Application for license Accompanied by 8740 Re-examination on failure 8746 Duplicate certificate 8749 Issuance of license in payment of 8747 Issuance of license to holders of license issued by other state or county 8748 Refund Renewal of license 8802 Schedule 8805 Temporary license 8805 Field note: oath preserved as part of 8760 Group practice 8729 Land surveyor (definition) c 8701 Annual roster of licensed surveyors 8712 Duplicate certificate 8749 Duration 8801 Educational qualifications 8742 Examination for 8745 Experience Qualifications 8742 Fees 8805 Fraud in obtaining, revocation or suspension of licenses 8780 Issuance to applicant passing examination 8747 Issuance without examination 8748 Misdemeanor in connection with 8792 Necessity of Presumptive evidence 8752 ii

27 THE LAND SURVEYORS' ACT Qualification of applicants 8741,8742 Determination of 8746 References submitted Renewal Representation as or use of title without license 8751 Restoration of expired license 8803 Seal 8750 Temporary 8753 Fee 8805 Land surveyor-in-training Application fee 8805 Certificate 8747 Examination 8741 Limitations of authority 8747 Qualification of applicant,,, 8741 Lost corners, power to administer and certify oath for testimony for establishment 8760 Maps Coordinates shown,, Preparation of, 8761 Record of survey, 8763 Surveyor's certificate,,, ' Marking of monuments, 8772 Misdemeanor violations, 8792 Monuments Marking or tagging 8772 Practice of land surveying as including determination of, 8726 Records of survey showing, ; 8764 Requisites, 8771 Oaths, power to administer and certify, Oaths and affirmations, application for license under 8740 Photogrammetry Performance of services, Renewal of license, Signature and certificate number,, Use of title,, 8775 Plats, preparation of,, 8761 Practice of land surveying, , 8726 License essential,,, 8725 Misdemeanor violation to practice without authority 8792 Professional engineer's fund, deposit in and payments from, 8800 Prosecutions of violations of law , 8791 Records of survey Amendment of.., Charge for filing and indexing 8769 Contents of 8764 Examination by county surveyor 8766 iii

28 4 THE LAND SURVEYORS' ACT j, Filing 8768, 8770 Charges 8769 Filing with county surveyor Indexing 8770 Charges 8769 Indorsement by county surveyor 8767 Disagreement 8768 Maps 8763 Not required 8765 Return with statement respecting necessary changes 8767 Subdivisions Refunds Application fee, portion of Reinstatement of license after revocation 8784 Renewal of license 8802 Civil engineers license including land surveyor 8804 Expiration of suspended license, renewal Expiration of revoked license, renewal Reports : 8761 Responsible charge of work, defined 8703 Revocation or suspension of license Conviction following plea of nolo contendere 8783 Grounds for 8780 List of 87II Misdemeanor in use of revoked license 8792 Reissuance 8784 Vote required 8780 Roster of licensed surveyors 8712 Seal, licensee 8750 Secretary of state Copies of roster filed with 8712 Subdivision, practice of land surveying as including survey for 8726 Subordinate Defined 8705 Exemption ; 8730 Tagging of monuments 8772 Temporary license 8753 Fee 8805 iv

29 THE LAND SURVEYORS' ACT Chapter 41, Statutes af 1939,as amended by Chapter 524, Statutes af1939;chapter 834, Statutes of 1941; Chapter ~38,Statutesof 1943; Chapfers306 t 887.and.1289, Statutes af 1945; Chapters 1010 and 1028, Statutes af 1949; Chapters 965 and 1449, Statutes af 1953; Chapters 575, 925, 983, 1002, 1041, 1538, 1812, 1865 and 2084, Statutes of 1957; Chapters 447; 585 and 1132, Statutes of 1959;Chapter4, Statufes af 1960; Chapters 60, 1179, 1257 and 2225, Statutes af 1961; Chapters 3S8 and 557, Statutes af 1963; Chapter 1967, Statutes af 1965; Chapters 79, 727, 1667, and 1713, Statutes af 1967; Chapters 210 arijl1374, Statutes af 1968; Chapters 372 and 474, Statutes af 1969; Chapters 196 and 1374, Statutes af 1970; Chapters 92,108 and 716, Statutes of 1971; Chapters 275, 1036, 1204 and 1300, Statutes of 1972; Chapters 60 and 702, Statutes of 1973; Chapters 522 and 1065, Statutes of 1974; Chapters 24, 579 and 896, Statutes af 1975; Chapter 339, Statutes af 1976; Chapters 52.6 and 576, Statutes af 1977; Chapters 70 and 824 af 1979; Chapter 676 af 1980; Chapters 372 and S02 af 1981; and Chapter 608 af Comprising Chapter 15, Division 3 ofthe Business and Professions Code,. relating. to the practice ofsurveying CHAPTER 15. LANO SURVEYORS Article 1. General Provisions This chapter ofthe Business and Professions Code constitutes the chapter on land surveyors. It may be cited as the Laud Surveyors' Act "Land Surveyor" refers to one who practices or offers to practice land surveying "Director" refers to the Director of Consumer Affairs The phrase "responsible charge of work" means the independent control and direction, by the use of initiative, skill and independent judgment, ofthe observations, measurements and descriptions involved in land surveying work Any person practices land surveying when he professes to be a land surveyor or is in responsible charge of land surveying work A subordinate is any person directly supervised by a licensed land surveyor or registered civil engineer and who assists a licensed land surveyor or registered civil engineer in the practice of land surveying without assuming responsible charge of work "Board" refers to the :>tate BoardofRegistration for Professional Engineers "Secretary" refers to the secretary of the board. Article 2. Administration The State Board of Registration for Professional Engineers is vested with power to administer the provisions and requirements of this chapter, and may make and enforce rules and regulations which are reasonably necessary to carry ouhtsprovisions The secretary of the board shall keep a complete record of all applications for license and the board's action thereon The secretary shall prepare, once every four years, a roster show- 1

30 2 THE LAND SURVEYORS' ACT ing the names and addresses of all licensed land surveyors and containing all the rules and regulations adopted by the boardeor the administration ofthis chapter. The roster shall be a partof the roster of registered professional engineers issued by the board. Between July 1 and December 1 of each year, except the year in which the roster is prepared, he shall prepare a supplementalroster showing changes in and additions to the roster. Copies of the roster and. the supplemental roster shall be filed with the Secretary ofstate. Copies of the roster and the supplemental roster shall be available to the general public on application to the secretary at such price per copy as may be fixed by the board. All records shall be public records The depa.rtmentmay employ such clerical assistance under civil service regulations as may be necessary properly to carry out and enforce the provisions of this chapter The board, when it deems necessary, may establish licensed land surveyor investigation committees to assist the board in the investigation of claims of violation ofany provision under this chapter. Each committee shall report its finding and recommendations to the board. Any member of such a committee mayact as an expert witness at a hearing conducted by the board when the hearing is conducted as a result ofthe committee's investigation. Each committee shall exist so long as the board deems that it is necessary Each member of each committee shall be appointed by the board and shall serve at the pleasure of the board. Each committee shall be composed of no more thanfive members Each member of each committee shall be licensed imder this chapter All members of each committee shall serve without compensation but shall receive per diem and expenses as provided in Section Eachmember ofeach investigation committeeshall be granted the same immunity as is granted to a public employee pursuant to Article 3 (commencing with Section 820) of Chapter 1 of Part 2 of Division 3.6 of Title 1 of the Government Code. Article 2.3. Land Surveyors Review Committees The board, when it deems necessary, may establish land surveyors review committees to hear all matters assigned by the board, including, but not limited to, any contested case which is assigned by the board. Each committee shall exist so long as the board deems that it is necessary Each review committee. shall consist of no fewer than three licensed land surveyors appointed by the board. Each meillber of a committee shall have the same qualifications and shall be. subject to the. same rules and regulations as if he were a member of the board Each member of a committee shall receive a per diem and expenses as provided in Section 103.

31 THE LAND SURVEYORS' ACT Except as otherwise provided in this article, all hearings which are conducted by a committee shall be conducted in accordance with the provisions ofchapter5 (commencingwith Section 11500), Part 1, Division 3, Title 2 of the Government Code. If a contested case is heard by a committee, the hearing officer who presided at the hearing shall be present during the committee's consideration of the case and, if requested, shall assist and advise the committee At the conclusion of any hearing which is conducted by a com' mittee, the committee shall prepare a proposed decision, in such form that it may be adopted by the board as the decision in the case, and shall transmit it to the board. The proposed decision shall be subjectto the same procedure as the proposed decision of a hearing officer under subdivisions (b) and (c) of Section of the Government Code The board may adopt, amend or repeal, in accordance with the provisions of Chapter 4.5 (commencing with Section 11371), Part 1, Division 3, Title 2 of the Government Code, such rules and regulations as are necessary to implement the provisions of this article. Article '3.. Application of the Chapter Any person practici l1 g, or offeringto practice,land surveying in this State shall submit evidence that he is qualified to practice and shall be licensed under this chapter. It is unlawful for any person to practice, offer to practice, or represent himself, as a ilmd surveyor in this State, or to set, reset, replace or remove any survey monument on land in which he has nolegalinterest, unless he has been licensed or specifically exempted from licensing under this chapter A person practices land surveying within the meaning of this chapter who, either in a public or private capacity, does or offers to do any one or more of the following: (a) Locates, relocates, establishes, re-establishes, or retraces any property line or boundary of any parcel of land or any road, right-of-way, easement, allgnment or elevation for any of the fixed works embraced within the practice of civil engineering, as described in Chapter 7, Division 3 of this code. (b) Makes any survey for the subdivision or resubdivision of any tract of land. (c) By the use ofthe principles of land surveying determines the position for any monument or reference point which marks a property line, boundary or corner, or sets, resets or replaces any such monument or reference point. (d) Determines the configuration or contour of the earth's surface or the position offixed objectsthereon or related thereto, by means ofmeasuring lines and angles, and applying the principles of trigonometry or photogrammetry. (e) Geodetic or cadastral surv ying. (f) Determines the information shown or to be shown on any map or document?repared or furnished in connection with anyone or more. of

32 4 THE LAND SURVEYORS' ACT the functions described in subsections (a), (b), (c), (d) and (e). (g) Indicates in any capacity or in any manner, by the use of the title "land surveyor" or by any other title or by any other representation that he practices or offers to practice land surveying in any of its branches. (h) Procures or offers to procure land surveying work for himself or others. (i) Manages, or conducts as manager, proprietor, or agent, any place of business from which land surveying work is solicited, performed or practiced Surveys made exclusively for geological or landscaping purposes, which do not involve the determination ofany property line do not constitutesurveying within the meaning of this chapter Surveys authorized under this chapter do not include the design, either in whole or in part, ofanystructure or fixed works embraced within the practice of civil engineering This chapter prohibits the practice of land surveying by any partnership, firm, company, association, or corporation. However, nothing contained in this chapter shall prohibit one or more licensed land surveyors from practicing or offering to practice their profession through the medium of a partnership, firm, company, association or corporatio rr if a land surveyor licensed pursuant to the provisions of this chapter or a civil engineer registered pursuantto the provision of Chapter T(commencing with Section 6700) ofdivision 3. of this code is the partner, member, or directing officer in charge of the land surveying practice ofthe partnership, firm, company, association, or corporation and if all land surveying work and documents are done by or under the direct supervision of such land surveyor or civil engineer. The firm or corporate name under which such individuals offer and do practice land surveying may be entirely fictitious orit may contain only the name or names oflicensed land surveyors and registered engineers, living or dead, who are, or were when living, members of the firm or directors of the corporation. If the firm or corporate name contains the name ofa living member ofthe firm or corporation then it shall also contain the name ofa memberwho is entitled to practice land surveying under the provisions of this chapter. This chapter does not prevent or prohibit an individual, firm, or corporation engaged in any line of business other than the practice of land surveying from employing a licensed land surveyor or registered civil engineer to perform land surveying services incidental to the business of such individual, firm, or corporation. The provisions of this section shall not prevent the use of the name of any partnership, firm, company, association, or corporation in existenceon June 1, 1941, ifall of the members or officers and directors ofsuch partnership, firm, company, association, or corporation were on that date individually licensed as land surveyors pursuant to the provisions of this chapter or registered civil engineers pursuant to the provisions of Chapter 7 of Division 3. of this code The following are not required to be licensed under this chapter: (a) Officers and employees of the United States of America, practicing

33 THE LAND SURVEYORS' ACT 5 solely as such officers or employees. (b) Insofar as he acts in such capacity; (1) Any state, county, city, or district employee directly responsible to a licensed land surveyor or registered civil engineer. (2) Any subordinate to a land surveyor or civil engineer licensed or registered as required by the laws of this State insofar as he acts as a subordinate A registered civil engineer and a civil engineer exempt from registration under Chapter 7 of Division III of this code are exempt from licensing under this chapter and may engage in the practice of land surveying with the same rights and privileges, and the same duties and responsibilities of a licensed land surveyor, provided that for civil engineers who become registered after January 1, 1982, they shall pass the examination provided for in Section , before practicing land surveying as defined in this chapter. Article 4, Issuance of License 8740, An application for each division of the examination for a license as a land surveyor shall be made to the board on the form prescribed by it, with all statements therein made under oath, and shall be accompanied by the application fee fixed by this chapter, The first division of the examination shall test the applicant's knowledge of fundamental surveying, mathematics, and basic science, The board may prescribe by regulation reasonable educational or experience requirements but not to exceed two years of postsecondary education in land surveying or two years of experience in land surveying for admission to the first division of the examination, Applicants who have passed the engineer-in-training examination, or who hold professional engineer registration, are exempt from this division of the examination, The second division of the examination shall test the applicant's ability to apply his or her knowledge and experience and to assume responsible charge in professional practice of land surveying, (b) The applicant for the second division examination shall have successfully passed the first division examination, or shall be exempt therefrom, and he or she shall be thoroughly familiar with the procedure and rules governing the survey of public lands as set forth in "Manual of Surveying Instructions," published by the Bureau of Land Management, Department of the Interior, Washington, D.C. (c) The board may by rule provide for a waiver of the first division of the examination for applicants whose education and experience qualificatons substantially exceed the requirements of Section (d) The board may by rule provide for a waiver of the second division of the examination and the assignment to a special examination for those applicants whose educational qualifications are equal to, and whose experience qualifications substantially exceed, those qualifications established under subdivision (c), The special examination may be either written or oral, or a combination of both (a) The educational qualifications and experience in land survey-

34 6 THE LAND SURVEYORS' ACT ing, which an applicant for the second division examination shall possess, shall be not less than the following prescribed minima: (1) Graduation from a four-year curriculum with an emphasis in land surveying approved by the board or accredited by a national or regional accrediting agency recognized by the United States Office of Education at a postsecondary educational institution and two years of actual experience in land surveying, including one year ofresponsible field training and one year of responsible office training; or (2) Actual experience in land surveying for at least six years, including one year of responsible field training and one year of responsible office training; or (3) Registration as a civil engineer. (b) With respect to applicants for license as a land surveyor, the board: (1) Shall count one year of postsecondary education in land surveying as one year ofexperience in land surveying up to a maximum offour years, provided the applicant has graduated from the course in land surveying and the curriculum in land surveying is approved by the board or is accredited by a regional or national accrediting agency recognized for the purpose by the United States Office of Education. Each year of study in an approved or an accredited course in land surveying without graduation shall be counted the same as one-half year of experience. Each applicant claiming equivalent credit for education may be required to produce a complete transcript of all college level courses completed. (2) May at its discretion give credit as experience in land surveying, not in excess of two years, for successfully passing the first division of the examination prescribed in Section The names and addresses of at least four land surveyors or civil engineers, duly qualified to practice in the place in which such practice has been conducted, each of whom has sufficient knowledge of the applicant to enable him to certify to the applicant's professional integrity, ability and fitness to receive a license, shall be submitted with the application for the second division of the examination The applicant for the second division of the examination shall state in his application that, should he be licensed, he will support the Constitution ofthis State and ofthe United States, and that he will faithfully discharge the duties of a licensed land surveyor Examinations for license shall be held at such times and at such places within the State as determined by board rule. The examinations may be conducted by one or more members of the board or one or more of their duly authorized representatives. The scope of examinations and the method of procedure shall be prescribed by board rule In determining the qualifications of any applicant for license, a majority vote of the board is required. An applicant failing on examination, upon the payment of another application fee may be examined again Any applicant who has passed the examinations prescribed by

35 THE LAND SURVEYORS' ACT 7 the board shall have a suitable license issued to him. (a) An applicant who has passed the first division of the examination shall be issued a certificate as a land surveyor-in-training. No renewal or otherfee, other than the application fee, shall be charged for this certification. A land surveyor-in-training certificate shall not authorize the holder thereofto practice or offer to practice land surveying. No person shall use the title ofland surveyor-in-training unless he is the holder of a valld land surveyor-in-training certificate. (b) An applicant who has passed theseconddivision oftheexamination shall be issued a license as a land surveyor. The license shall authorize him to practice as a land surveyor The board, upon application therefor, and the payment of the application and license fees fixed by this chapter, may issue a land surveyor's license, without written examination, to any person who holds a valld land surveyor's license issued to him by any state or country when the applicant's qualifications meet the requirements of this chapter and rules established by the board Ifan applicantfor license as a land surveyoror certificationas a land surveyor-in-training is found by the board to lack the qualifications required for admission to the examination for such license or certification, the board may, in accordance with the provisions of Section 158 of this code, refund to him one-half of the amount of his application fee A duplicate certificate oflicense to replace one lost, destroyed or mutilated may be issued subject to the rules and regulations of the board. The duplicate certificate fee fixed by this chapter shall be charged Upon being licensed, each licensee may obtain a seal of the design authorized by the board bearing the licensee's name, number of certificate and the legend "Licensed Land Surveyor." No person shall represent himself as, or use the title of, licensed land surveyor, land surveyor, professional engineer in land surveying,land survey engineer, survey engineer, geodetic engineer, or geometronic engineer unless he is the holder of a valid, unsuspended and unrevoked license An unrevoked, unsuspended and unexpired license, or renewal certificate, issued by the board is presumptive evidence in all courts and places that the person named is legally licensed under this chapter A temporary license as a land surveyor may be granted, upon application and payment of the temporary license fee fixed by this chapter, if the applicant complies with each of the following provisions: (a) He maintains no place of business in this State; (b) He is legally qualified to do land surveying in the state or country where he maintains a place of business to do land surveying; (c) His practice as a land surveyor in this State does not require more than 60 days in anyone calendar year; (d) He notifies the board in writing of his intention to practice stating the approximate date when he intends to commence and the approximate length of time he expects to continue.

36 8 THE LAND SURVEYORS' ACT The secretary, after having determined that the applicant is qualified and has complied with the provisions of this section, may issue a temporary license to practice for a period not to exceed 60 days. Article 5. Surveying Practice Every licensed land surveyor or registered civil engineer may administer and certify oaths: (a) When it becomes necessary to take testimony for the identification or establishment of old, lost or obliterated corners. (b) When a corner or monument is found in a perishable condition, and it appears desirable that evidence concerning it be perpetuated. (c) When the importance of the survey makes it desirable, to administer an oath to his assistants for the faithful performance of their duty. A record of oaths shall be preserved as part of the field notes of the survey and a memorandum ofthem shall be made on the record ofsurvey filed under this article Any licensed land surveyor or registered civil engineer may practice land surveying and prepare maps, plats, reports, descriptions or other documentary evidence in connection therewith. All maps, plats, reports, descriptions, or other documents issued by the licensed land surveyor or registered civil engineer shall be signed by him to indicate his responsibility for them. In addition to his signature, he shall show his license or registration number or the stamp of his seal. Every map, plat, report, description, or other document issued by a licensed land surveyor or registered civil engineer shall comply with the provisions set forth in Section 8764, whenever such map, plat, report, description or other document is filed as a public record. It is unlawful for any person to sign, stamp or seal any map, plat, report, description or other document unless he is authorized to practice land surveying Mter making a survey in conformity with the practice of land surveying, the surveyor or civil engineer may file with the county surveyor in the county in which the survey was made, a record of such survey. Within 90 days after the establishment of points or lines the licensed land surveyor or registered civil engineer shall file with the county surveyor in the county in which the survey was made, a record of such survey relating to land boundaries or property lines, which discloses: (a) Material evidence or physical change, which in whole or in part does not appear on any map or record previously recorded or filed in the office of the county recorder, county clerk, municipal or county surveying department or in the records of the Bureau of Land Management of the United States. (b) A material discrepancy with such record. (c) Evidence that, by reasonable analysis, might result in alternate positions of lines or points. (d) The establishment ofone or more lines not shown on any such map, the positions of which are not ascertainable from an inspection of such - map without trigonometric calculations. Any record of survey filed with the county surveyor shall after being

37 THE LAND SURVEYORS' ACT 9 examined by him be filed with the county recorder No record of survey of land shown on the latest adopted county assessment roll as a unit or as contiguous units, which shows a division of such land into additional parcels, shall be filed with the county surveyor or with the county recorder, unless there is attached thereto a certificate by the county surveyor if the land lies within an unincorporated area, or a certificate by the city engineer if the land lies within a city, of compliance with the provisions of the Subdivision Map Act, Division 2 (commencing with Section 66410) of Title 7 of the Government Code, and any applicable local ordinance enacted pursuant thereto The record of survey shall be a map, legibly drawn, printed, or reproduced by a process guaranteeing a permanent record in black on tracing cloth, or polyester base film, 18 by 26 inches. If ink is used on polyester base film, the ink surface shall be coated with a suitable substance to assure permanent legibility. A one-inch blank margin shall be left on each edge of the map The record of survey shall show: (a) All monumentsfound, set, reset, replaced or removed, describing their kind, size and location, and giving other data relating thereto. (b) Bearings or witness monuments, basis of bearings, bearing and length of lines, and scale of map. (c) Name and legal designation of tract or grant in which the survey is located and ties to adjoining tracts. (d) Memorandum of oaths. (e) Certificates required by Section (f) Any other data necessary for the intelligent interpretation of the various items and locations of the points, lines and areas shown Certificates shall appear on the map as follows: SURVEYOR'S CERTIFICATE This map correctly represents a survey made by me or under my direction in conformance with the requirements of the Land Surveyor's Act at the request of~~~~ ~ ~ - in, 19_. Name of Person Authorizing Survey (Signed and sealed) L.S.(or R.c.E.) No. COUNTY SURVEYOR'S CERTIFICATE This map has been examined for conformance with the requirements of the Land Surveyor's Act this day of, 19_. (Signed) County Surveyor RECORDER'S CERTIFICATE Filed this day of, 19_, at.m. in Book of at page, at request of _ (Signed) County Recorder

38 10 THE LAND SURVEYORS' ACT No other certificates or statements shall appear on the map except those of a technical nature affecting the locations of the survey lines or monuments represented on the map A record of survey is not required of any survey: (a) When it has been made by a public officer in his official capacity and a reproducible copy thereof, showing all data required by Section 8764, except the recorder's certificate, has been filed with the county surveyor of the county in which the land is located. Any map so filed shall be indexed and kept available for public inspection. (b) Made by the United States Bureau of Land Management. (c) When a map is in preparation for recording or shall have been recorded under the provisions of the Subdivision Map Act. (d) When the survey is a retracement of lines shown on a subdivision map or parcel map of record, where no material discrepancies with such records are found and sufficient monumentation is found to establish the precise location of property corners thereon, provided that a corner record is filed for any property corners which are reset on such survey Within 20 days after receiving the record of survey, or within such additional time as may be mutually agreed upon by the land surveyor or civil engineer and the county surveyor, the county surveyor shall examine it with respect to: (a) Its accuracy ofmathematical data and completeness ofinformation as required in Section (b) Its conformity to other records or satisfactory explanation of any difference with such other records. (c) Its compliance with the provisions of this chapter The county surveyor may charge a reasonable fee, not to exceed the cost of such service, for examining a record of survey-pursuant to Section If the county surveyor finds the record of survey to be satisfactory he shall indorse a statement on it ofhis examination, and shall present it to the county recorder for filing. Otherwise he shall return it to the person who presented it, together with a written statement ofthe changes necessary to make it conform to the requirements of this chapter If the matters appearing on the record of survey cannot be agreed upon by the licensed land surveyor or the registered civil engineer and the county surveyor within 28 calendar days from the date of submission, an explanation of the differences shall be noted on the map and it shallbe presented by the countysurveyorto the county recorder for filing The charge for filing any record of survey, and for indexing the same, shall be the same as provided for subdivided land under Section of the Government Code.- Section of the Government Code is: "The fee for recording or filing and indexing each map wherein land is subdivided in lots, tracts, or parcels is five dollars ($5) for the frrst page and two dollars ($2) for each additional page."

39 THE LAND SURVEYORS' ACT The record of survey filed with the county recorder of any county shall be securely fastened by him into a suitable book provided for that purpose. He shall keep proper indexes of such record of survey by the name of grant, tract, subdivision or United States subdivision. The original map shall be stored for safekeeping in a reproducible condition. It shall be proper procedure for the recorder to maintain for public reference a set of counter maps that are prints of the original maps, and the original maps to be produced for comparison upon demand Any record of survey filed under the provisions of this chapter may be amended to show any course or distance that was omitted therefrom, or to correct any error in course or distance shown thereon, the description ofthe land which the record ofsurvey comprised, lot numbe,s, street names, acreages, identification of adjacent record maps, or the character of monuments being set, or to correct any other minor errors approved for correction by the county surveyor in the same manner that subdivision maps may be amended underthe provisions ofthe Subdivision Map Act, Division 2 (commencing with Section 66410) of Title 7 of the Government Code Monuments set shall be sufficient in number artd durability and efficiently placed so as not to be readily disturbed, to assure, together with monuments already existing, the perpetuation or facile re-establishment of any point or line of the survey. When adequate records exist as to the location of subdivision, tract, street or highway monuments, such monuments shallbe locatedandreferenced by or under the direction of a licensed land surveyor orregistered civil engineer at the time when streets or highways are reconstructed or relocated. They shall be reset in the surface of the new construction, a suitable monument box placed thereon, or permanent witness monuments seuo perpetuate theirlocation. Sufficient controlling monuments shall be retained or replaced in their original positions to enable land lines, property corners, and tract boundaries to be re-established without devious surveys necessarily originating on monuments differingfromthe ones which currently control the area. It shall be the responsibility. of the governmental agency or others performing constructionworkto provide for the monumentation required by this section. It shall be the duty of every land surveyor or civil engineer to cooperate with such governmental. agency in matters of maps, field notes, and. other pertinent records. Monuments set to mark the limiting lines of higlnvays, roads, or streets shall not be deemed adequate forthis purpose unless specifically noted on the records of the ililprovement works with direct ties in bearing or azimuth and distance between these and other monuments of record When coordinates in the California Coordinate System are shown for points on a record of survey map the map maynot be recorded unless it also shows, or is accompanied by a map showing, the.control scheme through which the coordinates were determined from points of known coordinates Any monument set by a licensed land surveyor orregistered civil

40 12 THE LAND SURVEYORS' ACT engineer to mark or reference a point on a property or land line shall be permanently and visibly marked or tagged with the certificate number of the surveyor or civil engineer setting it, each number to be preceeded by the letters "L.S." or "R.C.E.," respectively, as the case may be or, if the monument is set by a public agency, it shall be marked with the name of the agency and the political subdivision it serves (a) Except as provided in subdivision (b) of Section , a person authorized to practice land surveying in this state shall complete, sign, stamp with his or her seal and me with the county surveyor or engineer of the county where the corner is situated, a written record of corner establishment or restoration to be known as a "corner record" for every corner established by the Survey ofthe Public Lands of the United States, except "lost corners," as defined by the Manual of Instructions for the Survey of the Public Lands of the United States, and every accessory to such corner which is found, set, reset, or used as control in any survey by such authorized person. (b) Mter the establishment of a lost corner, as defined by the Manual of Instructions for the Survey of the Public Lands of the United States, a record of survey shall be filed as set forth in Section (c) Any person authorized to practice land surveying in this state may file such corner record for any property corner, property controlling corner,.reference monument,.. or accessory to> a property.corner (a) The board shall by regulation provide and prescribe the information which shall be necessary to be includedin the corner record and the board shall prescribe the formin which such corner record shall be presented and filed, and the time limits within which the form shall be filed (a) A "corner record" filed with the county surveyor or engineer shall, after being examined by him be filed with the county surveyor. (b) The county surveyor of the county containing the corner shall receive and record the completed corner record. (c) The corner record filed with the county surveyor of any county shall be securely fastened by him into a suitable book provided for that purpose. (d) A charge for examining, indexing and filing the corner record may be collected by the county surveyor, not to exceed the amount required for the recording of a deed In every case where a corner record is filed pursuant to Section 8773, the licensed land surveyor or registered civil engineer shall reconstruct or rehabilitate the monument of such corner, and accessories to such corner, so that the same. shall be left by him in such physical condition that it remains as permanent a monument as is reasonably possible and so that the Same may be reasonably expected to be located with facility at all times in the future (a) No corner recordshall befiled uniess thesameis signed by a licensed land surveyor or registered civil engineer and stamped with his seal, or in the case of an agency of the United States government or the State of California the certificate may be signed by the chiefof the survey

41 THE LAND SURVEYORS' ACT 13 party making the survey, setting forth his official title. (b) No corner record need be Hled when: (1) A corner record is on file and the corner is found as described in the existing corner record. (2) All conditions of Section 8773 are complied with by proper notations on a record ofsurvey map filed in compliance with the Land Surveyor's Act or a parcel or subdivision map, in compliance with the Subdivision Map Act. This section shall not apply to maps filed prior to the effective date of this section. Article 5.5. Photogrammetry No person shall usethe title ofphotogrammetrist orphotogrammetric surveyor unless he holds registration as a civil engineer or licensed land surveyor, or unless he is licensed as a photogrammetric surveyor Persons meeting the requirements of this article may engage in and J?erform all photogrammetric services germane to this chapter, eitheras individuals, employees, or asindej?endentcontractors; provided, however, that the field surveys to bedone are performed by registered civil engineers or licensed land surveyors, and in the preparation of any topographic map which contains the delineation of property corners or a property boundary or boundaries the work is certified or attested toby a registered civil engineer or land surveyor Maps, documents, or reports prepared by, or under the direction of, a licensed photogrammetric surveyor shall carry his signature and certificate number which will indicate his responsibility for the work Photogranunetric surveyor licenses shall be. renewable upon paymentofthe fee fixed bythe boardfor Which a renewal certificate shall be issued. Photogrammetric surveyor license fees shall be.the same as those prescribed for land surveyor's licensing; and the provisions of this chapter relating to revenue, and with respect to disciplinary proceedings, shall similarly apply. Article 6. Disciplinary Proceedings By a majority vote, the board may suspend for a period not to exceed two years, or revoke the license or certificate of any licensed land surveyor or registered civil engineer, resj?ectively, licensed under this chaj?ter or registered under the J?rovisions of ChaJ?ter 7. (commencing with Section 6700) of Division 3, whom it finds to be guilty of: (a) Any fraud, deceit, negligence, or incompetency in his practice of land surveying. (b) Any fraud or deceit in obtaining his license. (c). Any violation of any provision of this chapter or of any other law relating to or involving the practice of land surveying. (d) Any conviction ofa crime substantially related to the qualifications, functions and duties ofa land surveyor. The record of the conviction shall be conclusive evidence thereof. (e) Aiding or abetting any person in the violation of any provision of this chapter. (f) A breach ofcontract in connection with the practice ofland surveying.

42 14 THE LAND SURVEYORS' ACT The proceedings under this article shah be conducted in accordance with Chapter 5 of Part 1 of Division 3 of Title 2 of the Government Code, and the board shall have all the powers granted therein A plea or verdict of guilty or a conviction following a plea of nolo contendere made to a charge substantially related to the qualifications, functions and duties ofa land surveyor is deemed to be a conviction within the meaning of this article. The board may order the license or certificate suspended or revoked, or may decline to issue a license or certificate, when the time for appeal has elapsed, or the judgment of conviction has been affirmed on appeal or when an order granting probation is made suspending the imposition ofsentence, irrespective of a subsequent order under the provisions of Section of the Penal Code allowing such person to withdraw his plea of guiltyand to enter a plea of not guilty,or setting aside the verdict of guilty, or dismissing the accusation, information or indictment The board may reissue a license to any person, whose license has been revoked, if a majority of the members of the board vote in favor of such reinstatement, for reasons the board may deem sufficient. Article 7, Offenses AgainsttheChapter The board shall enforce all of the provisions of this chapter and cause the prosecution of all violaticllls coming to its notice IUs the duty ofthetespective officers charged Withthe enforcement oflaws to prosecute all persons charged with the violationof any of the provisions ofthis chapter Every person is guilty of a misdemeanor: (a).who, unless he is exempt frorn licensing under this chapter, practices, or offers to practice, land surveying in this State without'legal authorization. (b) Who presents as his own, the license of another. (c) Who attempts to file as his own any record ofsurvey under the license of another. (d) Who gives false evidence of any kind to the board, or to any member, in obtaining a license. (e) Who falsely impersonates or uses the seal of another practitioner, oflike or different name. (f) Who uses an expired or revoked license. (g) Who violates any provision of this chapter. Article 8. Revenue The department shall receive and account for all money derived under.the operation of this chapter and, at the end of each month, shall report such money to the State Controller and shall pay it to the State Treasurer, who shall keep the money in a separate fund known as the Professional Engineer's Fund. All necessary expenses incurred in carrying out the provisions of this chapter, shall, in accordance with law, be paid from the Professional Engineer's Fund.