2009 California Business and Professions Code - Section 8740-8759 :: Article 4. Issuance Of License

BUSINESS AND PROFESSIONS CODE
SECTION 8740-8759

8740.  (a) 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.
   (b) The board may authorize an organization specified by the board
pursuant to Section 8745 to receive directly from applicants payment
of the examination fees charged by that organization as payment for
examination materials and services.

8741.  (a) The first division of the examination shall test the
applicant's fundamental knowledge of surveying, mathematics, and
basic science. The board may prescribe by regulation reasonable
educational or experience requirements including two years of
postsecondary education in land surveying, two years of experience in
land surveying, or a combination of postsecondary education and
experience in land surveying totaling two years 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 the 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. The applicant shall be thoroughly familiar with (1)
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. and
(2) the principles of real property relating to boundaries and
conveyancing.
   (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 8742.
   (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.

8741.1.  The second division of the examination for licensure as a
land surveyor shall include an examination that incorporates a
national examination for land surveying by a nationally recognized
entity approved by the board, and a supplemental California specific
examination. The California specific examination shall test the
applicant's knowledge of the provisions of this chapter and the board'
s rules and regulations regulating the practice of professional land
surveying in this state.
   The board shall use the national examination on or before June 1,
2003. In the meantime, the board may continue to provide the current
state-only second division examination and administer the test on the
provisions of this chapter and board rules as a separate part of the
second division examination for licensure as a land surveyor.

8742.  (a) The educational qualifications and experience in land
surveying, which an applicant for the second division examination
shall possess, shall not be less than one of the following prescribed
criteria:
   (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 broad based progressive experience in land surveying,
including one year of responsible field training and one year of
responsible office training, satisfactory to the board.
   (2) Actual broad based progressive experience in land surveying
for at least six years, including one year of responsible field
training and one year of responsible office training, satisfactory to
the board.
   (3) Registration as a civil engineer with two years of actual
broad based progressive experience in land surveying satisfactory to
the board.
   (b) With respect to an applicant for a license as a land surveyor,
the board shall count one year of postsecondary education in land
surveying as one year of experience in land surveying up to a maximum
of four 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.
   Until January 1, 2000, the board may, at its discretion, confer
credit as experience in land surveying, not in excess of two years,
for successfully passing the first division of the examination
prescribed in Section 8741.

8743.  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.

8744.  The applicant for the second division of the examination
shall state in his application that, should he be licensed, he will
support the Constitution of this State and of the United States, and
that he will faithfully discharge the duties of a licensed land
surveyor.

8745.  Examinations for license shall be held at such times and at
such places within the state as determined by board rule.
   The scope of examinations and the method of procedure shall be
prescribed by board rule.
   The board may make arrangements with a public or private
organization to conduct the examination. The board may contract with
a public or private organization for materials or services related to
the examination.

8746.  An applicant failing on examination, upon the payment of
another application fee, may be examined again.

8747.  Any applicant who has passed the examinations prescribed by
the board shall have a suitable license issued to him or her.
   (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 other fee, other than the
application fee, shall be charged for this certification. This
certificate shall become invalid upon the person passing the second
division of the examination and being issued a license as a land
surveyor, as provided in subdivision (b). A land surveyor-in-training
certificate shall not authorize the holder thereof to practice or
offer to practice land surveying. No person shall use the title of
land surveyor-in-training, or any abbreviation of this title, unless
he or she is the holder of a valid land surveyor-in-training
certificate.
   (b) An applicant who has passed the second division of the
examination shall be issued a license as a land surveyor. The license
shall authorize him or her to practice as a land surveyor.

8747.5.  (a) The board shall issue, upon application and payment of
the fee established by Section 8805, a retired license to a land
surveyor who has been licensed by the board for a minimum of five
years within California, and a minimum of 20 years within the United
States or territories of the United States, and who holds a license
that is not suspended, revoked, or otherwise disciplined, or subject
to pending discipline under this chapter.
   (b) The holder of a retired license issued pursuant to this
section shall not engage in any activity for which an active land
surveyor's license is required. A land surveyor holding a retired
license shall be permitted to use the titles "retired professional
land surveyor" or "professional land surveyor, retired."
   (c) The holder of a retired license shall not be required to renew
that license.
   (d) In order for the holder of a retired license issued pursuant
to this section to restore his or her license to active status, he or
she shall pass the examination that is required for initial
licensure with the board.

8748.  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 valid 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.

8748.5.  If an applicant for license as a land surveyor or
certification as 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.

8749.  A duplicate certificate of license 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.

8750.  Upon being licensed, each licensee shall obtain a stamp or
seal of the design authorized by the board bearing the licensee's
name, number of certificate, and the legend "Licensed Land Surveyor,"
or "Professional Land Surveyor."

8751.  No person shall represent himself or herself as, or use the
title of, or any abbreviation or combination of the words in the
title of, professional land surveyor, licensed land surveyor, land
surveyor, land survey engineer, survey engineer, geodetic engineer,
geomatics engineer, or geometronic engineer unless he or she is the
holder of a valid, unsuspended, and unrevoked license.

8752.  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.

8759.  (a) A licensed land surveyor or registered civil engineer
authorized to practice land surveying shall use a written contract
when contracting to provide professional services to a client
pursuant to this chapter. The written contract shall be executed by
the licensed land surveyor or registered civil engineer and the
client, or his or her representative, prior to the licensed land
surveyor or registered civil engineer commencing work, unless the
client knowingly states in writing that work may be commenced before
the contract is executed. The written contract shall include, but not
be limited to, all of the following:
   (1) A description of the services to be provided to the client by
the licensed land surveyor or registered civil engineer.
   (2) A description of any basis of compensation applicable to the
contract, and the method of payment agreed upon by the parties.
   (3) The name, address, and license or certificate number of the
licensed land surveyor or registered civil engineer, and the name and
address of the client.
   (4) A description of the procedure that the licensed land surveyor
or registered civil engineer and the client will use to accommodate
additional services.
   (5) A description of the procedure to be used by any party to
terminate the contract.
   (b) This section shall not apply to any of the following:
   (1) Professional land surveying services rendered by a licensed
land surveyor or registered civil engineer for which the client will
not pay compensation.
   (2) A licensed land surveyor or registered civil engineer who has
a current or prior contractual relationship with the client to
provide professional services pursuant to this chapter, and that
client has paid the surveyor or engineer all of the fees that are due
under the contract.
   (3) If the client knowingly states in writing after full
disclosure of this section that a contract which complies with the
requirements of this section is not required.
   (4) Professional services rendered by a licensed land surveyor or
a registered civil engineer to any of the following:
   (A) A professional engineer licensed or registered under Chapter 7
(commencing with Section 6700).
   (B) A land surveyor licensed under this chapter.
   (C) An architect licensed under Chapter 3 (commencing with Section
5500).
   (D) A contractor licensed under Chapter 9 (commencing with Section
7000).
   (E) A geologist or a geophysicist licensed under Chapter 12.5
(commencing with Section 7800).
   (F) A manufacturing, mining, public utility, research and
development, or other industrial corporation, if the services are
provided in connection with or incidental to the products, systems,
or services of that corporation or its affiliates.
   (G) A public agency.
   (c) "Written contract" as used in this section includes a contract
that is in electronic form.

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