DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS

DIRECTOR’S OFFICE

PROFESSIONAL SURVEYORS – GENERAL RULES

Filed with the secretary of state on

These rules take effect immediately upon filing with the secretary of state unless adopted under section 33, 44, or 45a(6) of the administrative procedures act of 1969, 1969 PA 306, MCL 24.233, 24.244, or 24.245a.  Rules adopted under these sections become effective 7 days after filing with the secretary of state.

(By authority conferred on the board by section 308 of the occupational code, 1980 PA 299, MCL 339.308; and on the director of the department of licensing and regulatory affairs by section sections 205 and 2009 of the occupational code, 1980 PA 299, MCL 339.205 and 339.2009;, and Executive Reorganization Order Nos. 1991-9, 1996-2, 2003-1, 2008-4, and 2011-4, MCL 338.3501, 445.2001, MCL 445.2011, MCL 445.2025, and MCL 445.2030)

 
R 339.17101, R 339.17201, R 339.17202, R 339.17203, R 339.17301, R 339.17505, and R 339.17506 of the Michigan Administrative Code are amended, R 339.17303 is added, and R 339.17507, R 339.17508, and R 339.17509 are rescinded as follows: 
 
 
PART 1.  GENERAL PROVISIONS
 
 

R 339.17101  Definitions.

  Rule 101.  (1)  As used in these rules:

    (a)  "Act" means the occupational code, 1980 PA 299, MCL 339.101 to 339.2677.

(a) (b)  “Continuing education” means an instructional course or activity designed to bring licensees up to date on a particular area of knowledge or skills relevant to a licensee’s area of professional practice.

(b) “Course” means any qualifying activity with a clear purpose and objective that will maintain, improve, or expand the skills and knowledge relevant to the licensee’s area of professional practice. Regular duties for compensation shall not be considered qualified activities, except for employer compensated continuing education activities.

    (c)  “Department” means the department of licensing and regulatory affairs.

    (c)  “Distance learning” means any of the following:

      (i)  Courses where an instructor and a licensee may be apart and instruction takes place through online or electronic media.

      (ii)  Courses which include, but are not limited to, instruction presented through interactive classrooms, at the job site, computer conferencing, and interactive computer systems.

  (2)  Terms defined in the act have the same meanings when used in these rules.

 
 
PART 2.  EDUCATION, EXPERIENCE, AND EXAMINATIONS
 
 
R 339.17201  Educational requirements Acceptability of baccalaureate degrees; criteria; experience credit.

  Rule 201.  (1)  A baccalaureate degree shall be deemed to be acceptable if the candidate holding the degree has achieved all of the credits in college level courses in accordance with the following table: An applicant for a professional surveyor license shall submit 1 of the following to satisfy the educational requirements under the act: 
    (a)  Transcripts verifying that he or she received a baccalaureate degree or higher degree in a surveying program accredited by any of the following: 
      (i)  The Engineering Accreditation Commission of the Accreditation Board for Engineering and Technology, Inc. (EAC/ABET).
      (ii)  The Engineering Technology Accreditation Commission of ABET (ETAC/ABET). 
      (iii)  The Applied and Natural Science Accreditation Commission of ABET (ANSAC/ABET). 
    (b)  A National Council of Examiners for Engineering and Surveying (NCEES) credentials evaluation that verifies he or she received a baccalaureate degree or higher degree and meets the NCEES surveying core program requirements found in the NCEES Surveying Education Standard. 
    (c)  A credentials evaluation that verifies he or she received a baccalaureate degree or higher degree in surveying from an educational program that is substantially equivalent to a baccalaureate degree or higher degree program that is accredited by EAC/ABET, ETAC/ABET, or ANSAC/ABET. The credentials evaluation must be generated by a company that is a current member of the National Association of Credential Evaluation Services (NACES).
 

  General           Representative Courses Which              Semester                  Quarter
   Title                              May Be Included                                   Hours                       Hours
________________________________________________________________________
Mathematics    analytic geometry, calculus, statistics                 12                           18
________________________________________________________________________
Humanities and              English, speech, government, history,                10                           15
Communications             literature, philosophy, sociology
________________________________________________________________________
Law and                          legal principles, Michigan surveying                  10                           15
Business                           law, accounting, economics, business
                          administration
________________________________________________________________________
Basic Science  physics, chemistry, geology,                               18                           27
                         Astronomy, biology, dendrology                        
________________________________________________________________________
Further                            computer science, remote sensing                       6                              9
Development   graphics, linear analysis
________________________________________________________________________
Engineering     statics, fluid mechanics, properties                      8                            12
Science                            and mechanics of materials                  
________________________________________________________________________
Engineering           construction materials                                         13                           20 transportation, soils, hydraulics hydrology                           
________________________________________________________________________
Surveying        mensuration, operation of                                   30                           45
                         Instruments, practical astronomy,
                         geodesy, topographic surveying,
                         route surveying, boundary
                         surveying, photogrammetry
                         cartography, planning and design of
                         land divisions, construction layout                     
________________________________________________________________________
 
  (2)  An applicant who possesses a bachelor of science degree in land surveying from an institution whose facilities, faculty, and curriculum have been reviewed and approved by this board shall be deemed to meet the requirements of section 2004(1) of the act.
  (3)  All other baccalaureate degrees hall be evaluated as to their conformance with the criteria specified in subrule (1) of this rule. An applicant shall provide transcripts and other documents as may be required by the board for evaluation and determination of acceptability of the degree, which may include documentation by the educational institution to verify that the degree meets the criteria set forth in this rule.
  (4)  A person who possesses an acceptable bachelor's degree shall be granted 4 years of experience credit as required by the act.
  (5)  A person who possesses a graduate degree in surveying may be granted a maximum of 1 additional year of experience credit pursuant to the act.
 
 
R 339.17202  Professional surveying experience; verification; educational credit for   
  experience.  Required professional experience; acceptability; verification.
  Rule 202.  (1)  Professional surveying experience required by the act for examination admission may include the following types of surveying work, which shall include both field and office practice: Pursuant to section 2004(3)(a) of the act, MCL 339.2004(3)(a), an applicant for a professional surveyor license shall document at least 8 years of professional experience in professional surveying, including not more than 5 years of education. An applicant shall satisfy the requirements of this rule to receive credit for professional experience. 
  (2)  Professional surveying work that is performed while under the supervision of a professional surveyor who is licensed or registered in Michigan or another state and involves work in 1 or more of the following areas qualifies as professional experience:  
    (a)  Providing professional services such as consultation, investigation, testimony, evaluation, planning, mapping, assembling, and interpreting reliable scientific measurements and information relative to the location, size, shape, or physical features of the earth, improvements on the earth, the space above the earth, or any part of the earth, and the utilization and development of these facts and interpretations into an orderly survey map, plan, report, description, or project.
 (a)  (b)  Land surveying, which is the surveying of an area for its correct determination or description for its conveyance or for the establishment or reestablishment of a land boundary and the designing or design coordination of the plotting of land and the subdivision of land.
 (b)  (c)  Geodetic surveying, which includes surveying for a determination of the size and shape of the earth, both horizontally and vertically, and the precise positioning of points on the earth utilizing angular and linear measurements through spatially oriented spherical geometry.
 (c)  (d)  Utilizing and managing land information systems through the establishment of datums and local coordinate systems and points of reference.
 (d)  (e)  Engineering and architectural surveying for design and construction layout of infrastructure.
 (e)  (f)  Cartographic surveying for the making of maps, including topographic and hydrographic mapping.
 (2) (3)  Acceptable professional experience shall be obtained in a varied and increasingly responsible position under the direction of a licensed professional surveyor.An applicant for a professional surveyor license shall submit to the department 1 of the following to receive credit for professional experience:
    (a)  Proof acceptable to the department verifying that he or she has obtained not less than 4 years of experience practicing as a licensed or registered professional surveyor in another state. 
    (b)  All of the following:
      (i)  The dates of performing work that satisfies the requirements under subrule (2) of this rule.
      (ii)  The supervising individual’s name, license or registration number, and state in which the supervising individual is licensed or registered as a professional surveyor. 
      (iii)  Documentation from the supervising individual attesting to the work experience, supervision, and the dates of work and supervision.
  (3)  An applicant shall have the applicant's employers or supervisors, or both, submit verification of experience forms to the board and other references required by the act.  Decisions by the board regarding satisfactory experience shall be based upon an evaluation of this information.  The department shall grant not more than 5 years of professional experience in professional surveying to an applicant holding a degree that satisfies the requirements under R 339.17201. Credit must be granted in the following amounts:
    (a)  Not more than 4 years of professional experience must be granted for a baccalaureate degree. Experience must be granted for only 1 baccalaureate degree.
    (b)  Not more than 1 year of professional experience must be granted for a post-baccalaureate degree. Experience must be granted for only 1 post-baccalaureate degree.  
 
 

R 339.17203  Examinations requirements; subject matter.

  Rule 203.  (1)  Part 1, entitled "Fundamentals of Land Surveying Examination," may include any of the following subjects: An applicant for a professional surveyor license shall satisfy all of the following to meet the examination requirements under the act:

    (a)  Mathematics. Achieve a passing score on the Fundamentals of Surveying Examination administered by NCEES. A passing score on the exam must be determined by NCEES.

    (b)  Physics. Achieve a passing score on the Principles and Practice of Surveying Examination administered by NCEES. A passing score on the exam must be determined by NCEES.

    (c)  Communication skills. Achieve a passing score on the Michigan Professional Surveying Examination. A passing score on the exam must be determined by the department’s chosen administrator of the exam.

    (d)  Care and use of surveying instruments.

    (e)  Orientation.

    (f)  Horizontal, vertical, and angular measurements.

    (g)  Traversing.

    (h)  Topographic mapping.

    (i)  Notekeeping.

    (j)  Computing.

    (k)  Property surveys and descriptions.

    (l)  Land and space divisions.

    (m)  Plats.

    (n)  Plans.

    (o)  Charts.

    (p)  Monumentation.

    (q)  Vertical and horizontal curves.

    (r)  State plane coordinate calculations.

    (s)  Economic analysis.

    (t)  Astronomy.

    (u)  Photogrammetry.

    (v)  Evaluation and adjustment of errors.

  (2)  Part 2, entitled "Principles and Practice of Land Surveying Examination," may include any of the following subjects:

    (a)  Knowledge of state statutes and rules related to land surveying.

    (b)  The United States system of public land surveys.

    (c)  Michigan plane coordinate system.

    (d)  Land descriptions, including those involving disputed boundaries or defective deed descriptions.

    (e)  Riparian rights, hydrology, and meandered bodies of water.

    (f)  Adverse possession.

    (g)  Office management and practice.

    (h)  Client relations.

    (i)  Reconciliation of past and present measurements.

    (j)  Subdivision of sections.

    (k)  Original government surveys.

    (l)  Condominium subdivision laws and rules.

 
 
PART 3. LICENSURE, RECIPROCITY, AND RENEWAL PROFESSIONAL SURVEYOR SEAL AND RELICENSURE
 
 

R 339.17301 Offer of licensure; seal design; use of seal; validation. Professional Surveyor Seal.

  Rule 301.  (1)  After meeting the licensing requirements prescribed by the act and these rules, an applicant shall be offered original licensure by the board. Effective 60 days after the promulgation of this rule, the seal of a professional surveyor must include the licensee’s full name and license number, as shown on his or her state-issued professional surveyor license, and indicate “State of Michigan” and “Licensed Professional Surveyor” in the legend surrounding the seal.  The seal must have a design substantially similar to Figure 301 below.

  (2)  A seal of a licensed professional surveyor as prescribed by the act shall have the following design: A licensee's seal must be used by the licensee whose name appears on the seal for so long as the license remains in effect. A licensee is responsible for the security of his or her seal.

FIGURE 301

No other design for a seal shall be used

  (3)  A licensee's seal shall be used by the licensee whose name appears on the seal for as long as the license remains in effect. A licensee shall be responsible for the security of the seal.

 
 
R 339.17303  Relicensure.
  Rule 303.  (1)  An applicant whose license has lapsed for less than 3 years after the expiration date of the last license may be relicensed under section 411(3) of the act, MCL 339.411(3), by satisfying all of the following requirements. 

    (a)  Submitting a completed application on a form provided by the department.

    (b)  Paying the required fee to the department.

    (c)  Submitting proof to the department that he or she completed 15 hours of continuing education, 1 of which must be in the area of professional ethics related to surveying, in activities approved under R 339.17506 during the 1-year period immediately preceding the date of filing the relicensure application.  If the department determines that the amount of the continuing education hours submitted with the application is deficient, the applicant has 1 year from the date of filing the application to provide proof of completing the deficient hours.  

  (2)  An applicant whose license has lapsed for 3 years or more after the expiration date of the last license may be relicensed under section 411(4) of the act, MCL 339.411(4), by satisfying all of the following requirements:

    (a)  Submitting a completed application on a form provided by the department.

    (b)  Paying the required fee to the department.

    (c)  Establishing that he or she has met all of the requirements for initial licensure under the act and these rules.

    (d) Submitting proof to the department verifying that he or she completed 30 hours of continuing education, 2 of which must be in the area of professional ethics related to surveying, in activities approved under R 339.17506 during the 2-year period immediately preceding the date of filing the relicensure application.  If the department determines that the amount of the continuing education hours submitted with the application are deficient, the applicant has 1 year from the date of filing the application to provide proof of completing the deficient hours. 

PART 5.  CONTINUING EDUCATION

R 339.17505  Continuing education; license renewal; requirements.

  Rule 505.  (1)  A licensee shall obtain continuing education as specified in R 339.17507. An applicant for license renewal who has been licensed during the 2-year period immediately preceding the expiration date of the license shall obtain not less than 30 hours of continuing education during the 2-year period immediately preceding the expiration date of the license and satisfy both of the following requirements:

    (a)  Obtain 2 of the 30 hours of continuing education in an activity that focuses on the area of professional ethics related to surveying. The professional ethics related to surveying is not required to focus on areas specific to Michigan administrative rules or statutes.

    (b)  Obtain all of the 30 hours of continuing education in activities that satisfy the requirements under R 339.17506. 

  (2)  A licensee shall certify the completion of continuing education requirements as a condition for licensure renewal in a format prescribed by the department. Submission of an application for renewal constitutes the applicant’s certification of compliance with this rule and R 339.17506.

  (3)  The department shall not renew a license if the continuing education requirements have not been completed. A licensee shall retain documentation of satisfying the requirements of this rule and R 339.17506 for a period of 4 years from the date of filing the application for license renewal.

  (4)  A licensee shall submit to the department evidence of fulfillment of the continuing education requirements within 45 days of a request from the department for the evidence to be submitted. A licensee is subject to audit under this part and may be required to submit documentation as described by R 339.17506 upon request of the department.

  (5)  A request for a continuing education waiver pursuant to section 204(2) of the act, MCL 339.204(2), must be received by the department before the expiration date of the license.

R 339.17506  Acceptable continuing education; limitations. 

  Rule 506.  (1)  Continuing education hours may be acquired in another jurisdiction. The department shall grant credit for continuing education hours that satisfy the requirements in the following chart:
 

Activity Code	Activity and Proof Required	Number of Continuing Education Credits for the Activity
(a)	Completing a continuing education program or activity related to professional surveying that is approved or offered for continuing education credit by another state board of professional surveyors. If audited, a licensee shall submit documentation or certificate of completion showing the licensee’s name, total continuing education credits earned, sponsor name and contact information, program title, and the date the program was held or completed.	The number of continuing education credits approved by the approving entity must be granted for this activity.
(b)	Passing an academic course related to professional surveying from a baccalaureate degree or higher degree surveying program that is accredited by EAC/ABET, ETAC/ABET, or ANSAC/ABET. If audited, a licensee shall submit a copy of the transcript showing credit hours of the academic courses related to surveying.	Fifteen continuing education credits must be granted for each semester credit or 10 continuing education credits must be granted for each quarter credit.
(c)	Attending a seminar, in-house course, workshop, or professional or technical presentation related to surveying. If audited, the licensee shall submit a copy of the presentation notice or advertisement showing the date of the presentation, the licensee’s name listed as a presenter or attendee, and the name of the organization that approved or offered the presentation.	One continuing education credit must be granted for every 50 minutes of continuous instruction.
(d)	Presenting a seminar, in-house course, workshop, or professional or technical presentation related to surveying. A licensee shall not receive credit for a presentation offered as part of their regular job description or duties. If audited, the licensee shall submit a copy of the presentation notice or advertisement showing the date of the presentation, the licensee’s name listed as a presenter or attendee, and the name of the organization that approved or offered the presentation.	Two continuing education credits must be granted for every 50 minutes of continuous instruction.
(e)	Teaching, instructing, or presenting a subject related to professional surveying that is part of an academic course related to surveying that is offered at a college or university. If audited, a licensee shall submit documentation by the college or university confirming the licensee as the teacher, instructor, or presenter of the academic course, the dates of the course or presentation, number of classroom hours spent teaching, instructing, or presenting, and the course title.	Two continuing education credits must be granted for every 50 minutes of continuous instruction.
(f)	Initial publication of a peer-reviewed paper, article, or book related to surveying. If audited, the licensee shall submit a copy of the publication that identifies the licensee as the author or a publication acceptance letter.	Six continuing education credits must be granted for this activity.
(g)	Serving as a voting member on a state or national surveying committee, board, council, or association. To receive credit, a licensee shall participate in at least 50% of the regularly scheduled meetings of the committee, board, council, or association. If audited, a licensee shall submit documentation satisfactory to the department verifying the licensee’s participation in at least 50% of the regularly scheduled meetings of the committee, board, council, or association.	Three continuing education credits must be granted for the year in which the licensee serves as a member.
(h)	Attending a Michigan board of professional surveyors meeting. To receive credit, the licensee shall obtain a form provided by the department from a department employee present at the meeting and have that employee complete, sign, and date the form. The licensee shall present a valid government-issued photo identification to the department employee for verification.   If audited, the licensee shall submit a copy of the form completed, signed, and dated by the department employee who was present at the meeting.	One continuing education credit must be granted for each meeting attended.
(i)	Serving as a school-sponsored mentor to a surveying student in a school-sponsored program. To receive credit, this activity shall not be part of the licensee’s regular job description. If audited, the licensee shall submit a letter from an authorized official from the school verifying the licensee’s role and the number of mentoring hours the licensee provided.	Four continuing education credits must be granted for this activity.
(j)	Obtaining patents related to surveying.	Ten continuing education hours must be granted for each approved patent.

  (2)  Continuing education hours shall be relevant to the occupation and may be earned as follows: Continuing education credits must not be granted for a program or activity that has substantially the same content of a program or activity for which the applicant has already earned continuing education credits during the renewal period.

    (a)  Successfully completing a college course.

    (b)  Successfully completing a continuing education course.

    (c)  Successfully completing a distance learning course.

    (d)  Presenting or attending a seminar, in-house course, workshop, or professional or technical presentation made at a meeting, convention or conference.

    (e)  Teaching, instructing, or presenting an acceptable course or activity listed in subrule 2(a) to (d) of this rule.

    (f)  Publishing a peer-reviewed paper, article, or book in the licensee’s area of professional practice.

    (g)  Serving as a member of the state board of professional surveyors or attending a state board of professional surveyors meeting.

    (h)  Participating in a company sponsored seminar or training that is designed to enhance professional development in the licensee’s area of professional practice.

    (i)  Serving as a mentor to a surveying student in a school-sponsored program.

    (j)  Obtaining patents related to surveying.

  (3)  Continuing education hours shall be granted once during a renewal period in which the hours were earned for the same course or activity that a licensee completed as either a licensee, instructor, or presenter. Not more than 12 continuing education credits must be earned during a 24-hour period.

  (4)  Continuing education hours shall be granted once for the first time a course is offered or presented provided that the course is not associated with a licensee’s regular duties as a member of a faculty. As used in this rule, “continuous instruction" means the time spent completing an activity not including breakfast, lunch, or dinner periods, coffee breaks, or any other breaks in the program.

  (5)  Continuing education hours shall not be earned for the following activities:

    (a)  Passing an examination to obtain licensure.

    (b)  Completing a course that does not provide a licensee access to an instructor during the course.

    (c)  Completing a course that is not designed to bring licensees up to date on a particular area of knowledge or skills in the licensee’s area of professional practice.

    (d)  Attending a cultural performance, entertainment, or recreational meeting or activity, or participation in a travel group.

  (6)  The conversion of other units of credit per renewal cycle shall be as follows:

    (a)  1 college semester credit hour equals 45 continuing education hours.

    (b)  1 college quarter credit hour equals 30 continuing education hours.

    (c)  Publishing a peer-reviewed paper, article, or book in the licensee’s area of professional practice equals 10 continuing education hours.

    (d)  Serving as a member of the state board of professional surveyors or attending a state board of professional surveyors meeting equals 2 continuing education hours.

    (e)  Serving as a mentor for a surveying student in a school-sponsored program equals 4 continuing education hours.

    (f)  Obtaining patents related to surveying equals 10 continuing education hours.

R 339.17507  Continuing education hours required; renewal. Rescinded.

  Rule 507.  Continuing education hours required for renewal shall be as follows:

    (a)  A licensee who holds a license for more than 12 months, but less than 24 months from the date of initial licensure shall obtain 15 hours of continuing education for the first renewal period.

    (b)  A licensee who holds a license for 24 months or more from the date of initial licensure shall obtain 30 hours of continuing education for the renewal period.

R 339.17508  Determination of credit; forms; record keeping. Rescinded.

  Rule 508.  A licensee shall maintain records of continuing education hours earned for 4 consecutive years. The records shall include the following:

    (a)  The courses or activities completed, the dates when the courses or activities were held and the duration of the courses or activities, the sponsoring organization, the instructor’s or speaker’s name, and the hours earned.

    (b)  Verification of attendance at a course or activity, such as completion certificates or other supporting documentation.

R 339.17509  Auditing.  Rescinded.

  Rule 509.  The department may establish a process for auditing licensees regarding continuing education for compliance with the act and these rules.