CHAPTER 15. Land Surveyors [8700. - 8805.]
Chapter 15 added by Stats. 1939, Ch. 41.
§§ 8700–8805 · 119 sections
ARTICLE 1. General Provisions §§ 8700–8708 · 9 sections
- § 8700 This chapter may be cited as the Professional Land Surveyors’ Act. Whenever reference is made to the Land Surveyors’ Act by any statute, it shall be construed…
- § 8701 “Professional land surveyor” refers to one who practices or offers to practice land surveying. Whenever reference is made to a land surveyor by any statute, it…
- § 8702 “Director” refers to the Director of Consumer Affairs.
- § 8703 The phrase “responsible charge of work” means the independent control and direction, by the use of initiative, skill, and independent judgment, of the…
- § 8704 Any person practices land surveying when he professes to be a land surveyor or is in responsible charge of land surveying work.
- § 8705 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…
- § 8706 “Board” refers to the Board for Professional Engineers, Land Surveyors, and Geologists.
- § 8707 “Executive officer” refers to the executive officer of the board.
- § 8708 In order to safeguard property and public welfare, no person shall practice land surveying unless appropriately licensed or specifically exempted from…
ARTICLE 2. Administration §§ 8710–8715.4 · 11 sections
- § 8710 (a) The Board for Professional Engineers, Land Surveyors, and Geologists is vested with power to administer the provisions and requirements of this chapter,…
- § 8710.1 Protection of the public shall be the highest priority for the Board for Professional Engineers, Land Surveyors, and Geologists in exercising its licensing,…
- § 8711 The executive officer of the board shall keep a complete record of all applications for license and the board’s action thereon.
- § 8712 The board shall compile and maintain, or may have compiled and maintained on its behalf, a register of all licensed land surveyors that includes the following…
- § 8713 The department may employ such clerical assistance under civil service regulations as may be necessary properly to carry out and enforce the provisions of this…
- § 8714 The board shall establish relations with bodies that regulate the practice of professional land surveying, or closely related professions, or that register or…
- § 8715 The board may establish licensed land surveyor technical advisory committees to advise and assist the board with respect to the following: (1) The review and…
- § 8715.1 Each member of each technical advisory committee shall be appointed by the board and shall serve at the pleasure of the board. Each committee shall be composed…
- § 8715.2 Each member of each technical advisory committee shall be licensed under this chapter.
- § 8715.3 All members of each technical advisory committee shall serve without compensation but shall receive per diem and expenses as provided in Section 103.
- § 8715.4 Each member of each technical advisory committee shall be granted the same immunity as is granted to a public employee pursuant to Article 3 (commencing with…
ARTICLE 2.3. Land Surveyors Review Committees §§ 8720–8720.6 · 7 sections
- § 8720 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,…
- § 8720.1 Each review committee shall consist of no fewer than three licensed land surveyors appointed by the board. Each member of a committee shall have the same…
- § 8720.2 Each member of a committee shall receive a per diem and expenses as provided in Section 103.
- § 8720.3 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 4…
- § 8720.4 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…
- § 8720.5 The board may adopt, amend, or repeal, in accordance with the provisions of Chapter 3.5 (commencing with Section 11340), Part 1, Division 3, Title 2 of the…
- § 8720.6 Each member of a land surveyors review committee or other board-appointed committee and any board-appointed representative of the board shall be granted the…
ARTICLE 3. Application of the Chapter §§ 8725–8731 · 10 sections
- § 8725 Any person practicing, or offering to practice, land surveying in this state shall submit evidence that he or she is qualified to practice and shall be…
- § 8725.1 It is the intent of the Legislature that the licensure requirements that are imposed upon private sector professional land surveyors and land surveying…
- § 8726 (a) A person, including any person employed by the state or by a city, county, or city and county within the state, practices land surveying within the meaning…
- § 8726.1 Any licensed land surveyor may offer to practice, procure, and offer to procure civil engineering work incidental to his or her land surveying practice, even…
- § 8726.2 A licensed land surveyor may also perform land planning in connection with the land surveying activities authorized by this chapter.
- § 8727 Surveys made exclusively for geological purposes performed by a person authorized to practice geology under Chapter 12.5 (commencing with Section 7800) or…
- § 8728 Surveys authorized under this chapter do not include the design, either in whole or in part, of any structure or fixed works embraced within the practice of…
- § 8729 (a) This chapter does not prohibit one or more licensed land surveyors or civil engineers licensed in this state before 1982 (hereinafter called civil…
- § 8730 The following persons are not required to be licensed under this chapter: (a) Officers and employees of the United States of America, practicing solely as…
- § 8731 A licensed civil engineer and a civil engineer exempt from licensure under Chapter 7 (commencing with Section 6700) are exempt from licensing under this…
ARTICLE 4. Issuance of License §§ 8740–8753 · 17 sections
- § 8740 (a) An application for a certificate as a land surveyor-in-training or for a license as a land surveyor shall be made to the board on the form prescribed by…
- § 8741 (a) An applicant for certification as a land surveyor-in-training shall comply with all of the following: (1) Not have committed acts or crimes constituting…
- § 8741.1 (a) The first division of the examination shall test the applicant’s fundamental knowledge of surveying, mathematics, and basic science. (b) The second…
- § 8742 (a) The educational qualifications and experience in land surveying, which an applicant for a license as a land surveyor shall possess, shall not be less than…
- § 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,…
- § 8744 The applicant for a license as a land surveyor shall state in his or her application that, should he or she be licensed, he or she will support the…
- § 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…
- § 8746 An applicant failing an examination may be examined again upon filing a new application and the payment of the examination fee fixed by the board.
- § 8747 Any applicant who has met the requirements for certification or licensure prescribed by the board under this chapter shall have a suitable license issued to…
- § 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…
- § 8748 The board, upon application therefor, and the payment of the fee fixed by this chapter, may issue a land surveyor’s license, without written examination, to…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 8753 (a) Each applicant for licensure or certification who has a valid email address shall report to the board that email address at the time of application. (b)…
ARTICLE 5. Surveying Practice §§ 8759–8774.5 · 31 sections
- § 8759 (a) A licensed land surveyor or licensed civil engineer authorized to practice land surveying shall use a written contract when contracting to provide…
- § 8760 Every licensed land surveyor or registered civil engineer may administer and certify oaths: (a) When it becomes necessary to take testimony for the…
- § 8761 (a) Any licensed land surveyor or civil engineer authorized to practice land surveying may practice land surveying and prepare maps, plats, reports,…
- § 8761.1 The authority of a licensed land surveyor or registered civil engineer to prepare, sign, issue, stamp, seal, or approve any map, plat, report, description, or…
- § 8761.2 Notwithstanding the provisions of Section 8761, a registered civil engineer or licensed land surveyor who signs land surveying maps, plats, reports,…
- § 8762 (a) Except as provided in subdivision (b), after making a field survey in conformity with the practice of land surveying, the licensed surveyor or licensed…
- § 8762.5 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…
- § 8763 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…
- § 8764 (a) The record of survey shall show the applicable provisions of the following consistent with the purpose of the survey: (1) All monuments found, set, reset,…
- § 8764.5 Statements shall appear on the map as follows: Surveyor’s Statement This map correctly represents a survey made by me or under my direction in conformance with…
- § 8765 A record of survey is not required of any survey: (a) When it has been made by a public officer in his or her official capacity and a reproducible copy…
- § 8766 (a) Within 20 working days after receiving the record of survey, or within the additional time as may be mutually agreed upon by the land surveyor or civil…
- § 8766.5 The county surveyor may charge a reasonable fee for examining a record of survey pursuant to Section 8766 which shall not exceed the cost of the service or one…
- § 8767 If the county surveyor finds that the record of survey complies with the examination in Section 8766, the county surveyor shall endorse a statement on it of…
- § 8768 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…
- § 8768.5 If the county surveyor fails to timely file the record of survey with the county recorder in accordance with Section 8768, the licensed land surveyor or…
- § 8769 The charge for filing any record of survey, and for indexing the same, shall be the same as provided for subdivided land under Section 27372 of the Government…
- § 8770 The record of survey filed with the county recorder of any county shall be stored in any manner that will ensure that the maps will be kept together, safe, and…
- § 8770.5 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…
- § 8770.6 The use of the word “certify” or “certification” by a licensed land surveyor or registered civil engineer in the practice of professional engineering or land…
- § 8771 (a) Monuments set shall be sufficient in number and durability and efficiently placed so as not to be readily disturbed, to ensure, together with monuments…
- § 8771.5 When coordinates in the California Coordinate System are shown for points on a record of survey map the map may not be recorded unless it also shows, or is…
- § 8771.6 (a) In every case where any monument is found with a physical condition that is less than permanent and durable, the licensed land surveyor or registered civil…
- § 8772 Any monument set by a licensed land surveyor or registered civil engineer to mark or reference a point on a property or land line shall be permanently and…
- § 8773 (a) Except as provided in subdivision (b) of Section 8773.4, a person authorized to practice land surveying in this state shall complete, sign, stamp with his…
- § 8773.1 The board shall by regulation provide and prescribe the information which shall be necessary to be included in the corner record and the board shall prescribe…
- § 8773.2 (a) A “corner record” submitted to the county surveyor or engineer shall be examined by him or her for compliance with subdivision (d) of Section 8765 and…
- § 8773.3 In every case where a corner record is filed pursuant to Section 8773, the licensed land surveyor or registered civil engineer shall reconstruct or…
- § 8773.4 (a) A corner record shall be signed by a licensed land surveyor or licensed civil engineer and stamped with his or her seal, or in the case of an agency of the…
- § 8774 (a) The right of entry upon or to real property to investigate and utilize boundary evidence, and to perform surveys, is a right of persons legally authorized…
- § 8774.5 (a) Upon the filing of a record of survey, amended record of survey, or certificate of correction for recordation pursuant to this chapter, the surveyor or…
ARTICLE 5.5. Photogrammetry §§ 8775–8775.3 · 4 sections
- § 8775 No person shall use the title or any abbreviation of the title photogrammetrist or photogrammetric surveyor unless he or she holds registration as a civil…
- § 8775.1 Persons meeting the requirements of this article may engage in and perform all photogrammetric services germane to this chapter, either as individuals,…
- § 8775.2 Maps, documents, or reports prepared by, or under the direction of, a licensed photogrammetric surveyor shall carry his signature and certificate number which…
- § 8775.3 Photogrammetric surveyor licenses shall be renewable upon payment of the fee fixed by the board for which a renewal certificate shall be issued.…
ARTICLE 5.7. Reporting Requirements §§ 8776–8776.7 · 8 sections
- § 8776 (a) A licensee shall report to the board in writing the occurrence of any of the following events that occurred on or after January 1, 2008, within 90 days of…
- § 8776.1 Within 30 days of entry of a conviction described in paragraphs (1) and (2) of subdivision (a) of Section 8776, a settlement described in paragraph (3) of…
- § 8776.2 (a) Within 30 days of payment of all or any portion of any civil action judgment, settlement, or binding arbitration award described in Section 8776 against a…
- § 8776.3 The requirements of Sections 8776, 8776.1, and 8776.2 shall apply if a party to the civil action, settlement, or arbitration award is or was a sole…
- § 8776.4 Notwithstanding any other provision of law, a licensee shall not be considered to have violated a confidential settlement agreement or other confidential…
- § 8776.5 The provisions of this article apply to a civil engineer licensed under Chapter 7 (commencing with Section 6700) prior to January 1, 1982, if the civil action…
- § 8776.6 The board may adopt regulations to further define the reporting requirements of Sections 8776, 8776.1, and 8776.2.
- § 8776.7 This article shall become operative on January 1, 2008, only if an appropriation is made from the Professional Engineer’s and Land Surveyor’s Fund for the…
ARTICLE 6. Disciplinary Proceedings §§ 8780–8785 · 7 sections
- § 8780 (a) The board may, upon its own initiative or upon the receipt of a complaint, investigate the actions of any land surveyor licensed under this chapter or any…
- § 8780.1 The board may, upon its own initiative or upon the receipt of a complaint, investigate the actions of any land surveyor-in-training and make findings thereon.…
- § 8780.2 The failure of, or refusal by, a licensee or a certificate holder to respond to a written request from a representative of the board in the investigation of a…
- § 8781 The proceedings under this article shall be conducted in accordance with Chapter 4 (commencing with Section 11370), Chapter 4.5 (commencing with Section…
- § 8783 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…
- § 8784 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,…
- § 8785 (a) A petitioner may petition the board for reinstatement or modification of penalty, including reduction, modification, or termination of probation, after the…
ARTICLE 7. Offenses Against the Chapter §§ 8790–8792 · 4 sections
- § 8790 The board shall enforce all of the provisions of this chapter and cause the prosecution of all violations coming to its notice.
- § 8790.5 (a) If a licensee who is retained as an expert witness enters into a nondisclosure agreement, that agreement shall not be construed to prevent the licensee…
- § 8791 It is the duty of the respective officers charged with the enforcement of laws to prosecute all persons charged with the violation of any of the provisions of…
- § 8792 A person who does any of the following is guilty of a misdemeanor: (a) Unless the person is exempt from licensure under this chapter, practices, or offers to…
ARTICLE 8. Revenue §§ 8800–8805 · 11 sections
- § 8800 (a) 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…
- § 8801 Licenses issued under this chapter expire every two years, if not renewed. Biennial renewals shall be staggered on a quarterly basis. To renew an unexpired…
- § 8801.1 (a) At the time of renewal specified in Section 8801 or 8802, the board shall administer an assessment of the licenseholder to reinforce the licenseholder’s…
- § 8802 Except as otherwise provided in this article, licenses issued under this chapter may be renewed at any time within five years after expiration on filing of…
- § 8802.1 A suspended license is subject to expiration and shall be renewed as provided in this article, but such renewal does not entitle the licensee, while the…
- § 8802.2 A revoked license is subject to expiration as provided in this article, but it may not be renewed. If it is reinstated after its expiration, the licensee, as a…
- § 8803 (a) A license that is not renewed within five years after its expiration shall not be renewed, restored, reissued, or reinstated. After five years after…
- § 8803.1 Once an expired or delinquent license is renewed pursuant to Section 8802, all of the following apply: (a) The board shall continue to have full jurisdiction…
- § 8804 The renewal or reinstatement of any certificate of registration of a civil engineer under Chapter 7 (commencing with Section 6700) of Division 3, who is also a…
- § 8804.5 The board may make refunds of all fees in accordance with Section 158 of this code.
- § 8805 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…