TITLE 5

Businesses and Professions

CHAPTER 5-8.1

Land Surveyors

SECTION 5-8.1-13



   § 5-8.1-13  Board of registration for

professional land surveyors – Permitted practices. –

(a) Exemption clause. This chapter shall not be construed to prevent or

to affect:



   (1) Employees and subordinates. The work of an

employee or subordinate of a person holding a certificate of registration under

this chapter; provided, that the work does not include final land surveying

work or decisions and is done under the direct supervision of, or checked by, a

person holding a certificate of registration issued under this chapter.



   (2) Federal employees. The practice by officers and

employees of the government of the United States while engaged within this

state in the practice of land surveying for the government on property owned by

the federal government; provided, that no right to practice land surveying

accrues to those persons as to any other land surveying work. The right to

registration after government employment shall not be granted except under the

provisions prescribed under § 5-8.1-11.



   (3) Other professions. The practice of engineering,

architecture, or landscape architecture.



   (b) Sole proprietorship, partnership, limited liability

partnership, corporate and limited liability company practice.



   (1) The practice or offer to practice land surveying as

defined by this chapter by sole proprietorship, partnership, limited liability

partnership, corporation or limited liability company, subsequently referred to

as the "firm", through individuals is permitted; provided, that the individuals

are in direct control of that practice; exercise personal supervision of all

personnel who act in behalf of the firm in professional and technical matters;

and are registered under the provisions of this chapter; and provided, that the

firm has been issued a certificate of authorization by the board of land

surveyors.



   (2) Within one year after the enactment of this chapter

[July 12, 1990], every firm must obtain a certificate of

authorization from the board and those individuals in direct control of the

practice and who exercise direct supervision of all personnel who act in behalf

of the firm in professional and technical matters must be registered with the

board. The certificate of authorization shall be issued by the board upon

satisfaction of the provisions of this chapter and the payment of an annual fee

not to exceed sixty dollars ($60).



   (3) It is the intent of the board of registration to

establish that the professional land surveyor is responsible for land surveying

services.



   (4) Every firm desiring a certificate of authorization must

file with the board an application for the certificate on a form provided by

the board. A separate form provided by the board shall be filed with each

renewal of the certificate of authorization and within thirty (30) days of the

time any information previously filed with the board has changed, is no longer

true or valid, or has been revised for any reason. If, in its judgment, the

information contained on the application and renewal form is satisfactory and

complete, the board shall issue a certificate of authorization for the firm to

practice land surveying in this state.



   (5) No firm that has been granted a certificate of

authorization by the board of land surveyors is relieved of responsibility for

the conduct or acts of its agents, employees, partners (if a partnership or a

limited liability partnership), officers or directors (if a corporation), or

members or managers (if a limited liability company) because of its compliance

with the provisions of this section. No individual practicing land surveying

under the provisions of this chapter is relieved of responsibility for land

surveying services performed by reason of his or her employment or other

relationship with a firm holding a certificate of authorization as subsequently

described. In the event of unexpected death, retirement, dismissal or any other

occasion where an entity has one person who is a registered land surveyor, and

that person no longer can continue in the operation of the entity, then the

board of registration may waive certain requirements for a certificate of

authorization, for a period of not longer than forty-five (45) days, provided

that the entity retains a person who is a registered professional land surveyor

to review and pursue the duties of surveying that are required under this

chapter.



   (6) A land surveyor may not, for the purposes of this

section, be designated as being in responsible charge on more than two (2)

certificates of authorization.



   (7) Certificates of authorization shall be treated for all

purposes hereunder, including, but not limited to, renewal, expiration and

lapsing, as previously provided for certificates of registration in section

5-8.1-10; provided, however, that renewal may be effected at any time prior to

or during the month of June of each even-numbered year (meaning biennially)

commencing in year 2004.



   (8) Limited liability partnerships, corporations and limited

liability companies shall submit a copy of their articles of incorporation,

articles of organization or certificate of registration in order to obtain a

certificate of authorization from the board of land surveyors.



   (9) Corporations other than those organized under chapter 5.1

of title 7, partnerships and sole proprietorships practicing in this state

prior to July 12, 1990, shall fully comply with the provisions of this section

within one year of that date.



   (10) Effective one year from July 1, 1990, the secretary of

state shall not issue a certificate of incorporation or certificate of

organization or certificate of registration to any applicant, or a registration

as a foreign corporation, limited liability partnership or limited liability

company, to any firm, which includes among the objectives for which it is being

established any of the words "surveyor", "surveying" or any modification or

derivation of those words, unless the board of land surveyors has issued for

the applicant a certificate of authorization or a letter indicating the

eligibility of the applicant to receive the certificate. The firm applying

shall supply the certificate or letter from the board with its application for

incorporation or registration as a foreign corporation, limited liability

partnership or limited liability company.



   (c) Land surveyor previously registered. Each land

surveyor holding a certificate of registration and each land

surveyor-in-training under the laws of this state as previously in effect shall

be deemed registered as a land surveyor or land surveyor-in-training as

appropriate under this chapter.



   (d) This section does not exempt the political subdivisions

of the state, such as county, city, or town, or legally constituted boards,

districts, or commissions, from obtaining a certificate of authorization from

the board of registration when applicable.



History of Section.

(P.L. 1990, ch. 330, § 2; P.L. 1991, ch. 304, § 4; P.L. 1992, ch.

337, § 1; P.L. 1997, ch. 86, § 1; P.L. 2004, ch. 56, § 3; P.L.

2004, ch. 63, § 3; P.L. 2004, ch. 90, § 1; P.L. 2004, ch. 98, §

1; P.L. 2005, ch. 407, § 1; P.L. 2009, ch. 68, art. 12, §

11.)