DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS
DIRECTOR’S OFFICE
PROFESSIONAL SURVEYORS – GENERAL RULES
Filed with the secretary of state on
These rules take
effect become
effective
immediately after upon
filing with the secretary of state unless adopted under section 33, 44, or
45a(9) 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 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, and 2011-4, MCL 338.3501, 445.2001, 445.2011, and 445.2030)
R 339.17101, R 339.17201, R 339.17202, R 339.17301, R 339.17303, R 339.17401, R 339.17402, R 339.17403, R 339.17505, and R 339.17506 of the Michigan Administrative Code are amended, as follows:
PART 1. GENERAL PROVISIONS
R 339.17101 Definitions.
Rule 101. (1) As used in these rules:
(a) “Code” means the occupational
code, 1980 PA 299, MCL 339.101 to 339.2677. “ANSAC/ABET” means
the Applied and Natural Science Accreditation Commission of the Accreditation
Board for Engineering and Technology, Inc.
(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. “Code” means the occupational code, 1980 PA 299, MCL
339.101 to 339.2677.
(c) “Department” means the
department of licensing and regulatory affairs. “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 the
licensee’s area of professional practice.
(d) “Department” means the department of licensing and regulatory affairs.
(e) “EAC/ABET” means the Engineering Accreditation Commission of the Accreditation Board for Engineering and Technology, Inc.
(f) “ETAC/ABET” means the Engineering Technology Accreditation Commission of the Accreditation Board for Engineering and Technology, Inc.
(g) “NCEES” means the National Council of Examiners for Engineering and Surveying.
(2) A term defined in the code has the same meaning when used in these rules.
PART 2. EDUCATION, EXPERIENCE, AND EXAMINATIONS
R 339.17201 Educational requirements.
Rule 201. An applicant for a
professional surveyor license licensure shall provide proof, as directed
by the department, verifying 1 of the following to satisfy the
educational requirements under the code:
(a) Transcripts verifying that the
applicant 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). EAC/ABET.
(ii) The Engineering
Technology Accreditation Commission of ABET (ETAC/ABET). ETAC/ABET.
(iii) The Applied and Natural
Science Accreditation Commission of ABET (ANSAC/ABET). ANSAC/ABET.
(b) A National Council of Examiners
for Engineering and Surveying (NCEES) NCEES credentials
evaluation that verifies the applicant received a baccalaureate degree or
higher degree and satisfies the NCEES surveying core program requirements
found in the NCEES Surveying Education Standard.
(c) A credentials evaluation that
verifies the applicant 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).
R 339.17202 Professional surveying experience; verification; educational credit for
experience.
Rule 202. (1) Under section 2004(3)(a)
of the code, MCL 339.2004, an applicant for a professional surveyor license
shall document at least not less than 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 this state or licensed or
registered in another
state or
a province of Canada 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.
(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.
(c) Geodetic surveying, which
includes including 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.
(d) Utilizing and managing land information systems through the establishment of datums and local coordinate systems and points of reference.
(e) Engineering and architectural surveying for design and construction layout of infrastructure.
(f) Cartographic surveying for the making of maps, including topographic and hydrographic mapping.
(3) An applicant for a professional
surveyor licensure license
shall provide proof,
as directed by to the department, verifying 1 of the following
to receive credit for professional experience: experience in
surveying work:
(a) Proof acceptable to the
department verifying that the Except as otherwise provided under
subrules (1) and (4) of this rule, the applicant has obtained not less than 4
years of experience practicing as a licensed or registered professional
surveyor in another state. state or a province of Canada.
(b) All of the following:
(i) The dates of performing surveying work that satisfies the requirements under subrule (2) of this rule.
(ii) The supervising individual’s name,
name
and license
or registration number, number and the state or province of
Canada 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.
(4) The department shall grant not more
than 5 years of professional experience credit in professional surveying to an applicant
holding a degree that satisfies the requirements under R 339.17201. Credit must
be granted in is
limited to the
following amounts:
(a) Not more than 4 years of
professional experience must be granted for a baccalaureate degree.
Experience must be is 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 is granted for only 1 post-baccalaureate
degree.
PART 3. PROFESSIONAL SURVEYOR SEAL AND RELICENSURE
R 339.17301 Professional Surveyor Seal
surveyor
seal.
Rule 301. (1) Effective 60 days
after the promulgation of this rule, the The seal of a
professional surveyor must include the licensee’s name and full license number,
as shown on the licensee’s 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 equivalent to
Figure 301 below.
(2) A licensee's seal shall must be used by the
licensee whose name appears on the seal for as long as the license is in
effect. A licensee is responsible for the security of the licensee’s seal.
FIGURE 301
R 339.17303 Relicensure.
(a) Providing a completed application on a form provided by the department.
(b) Paying the required fee to the department.
(c) Providing proof, to as directed by the department, verifying that the applicant
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 before the date of filing the relicensure
application. If the department determines that the amount of the continuing
education hours provided with the application is deficient, the applicant has 1
year from after the date of
filing the application to provide proof of completing the deficient hours.
(a) Providing a completed application on a form provided by the department.
(b) Paying the required fee to the department.
(c) Establishing that the applicant has met all the requirements for initial licensure under the code and these rules.
(d) Providing proof, to as directed by the department, verifying that
the applicant 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
before the date of
filing the relicensure application. If the department determines that the
amount of the continuing education hours provided with the application are
deficient, the applicant has 1 year from after the date of
filing the application to provide proof of completing the deficient hours.
PART 4. STANDARDS OF PRACTICE AND PROFESSIONAL CONDUCT
R 339.17401 Solicitation of employment; restrictions; exception.
Rule 401. (1) In the solicitation of
employment, a licensee shall not falsify, or permit allow the
misrepresentation of, the academic or professional qualifications of the
licensee or the licensee's associates.
(2) A licensee shall not offer to pay or give, or pay or give, directly or indirectly, to a client or potential client or to the agent of a client or potential client, a commission, contribution, gift, or other substantial valuable consideration to secure or retain professional surveying work. This restriction does not include payments to an employment agency for the purpose of securing employment or employees for salaried positions.
(3) A licensee shall seek professional employment based on the licensee's qualifications, competence, and ability to properly accomplish the employment sought.
R 339.17402 Conflict of interest.
Rule 402. (1) To avoid a conflict of interest, a licensee shall promptly inform, in writing, an employer or client of the licensee or a public bodyon whichthat the licensee serves of any employment, business association, interest, duty, or circumstance if that relationship is with another and involves the current or prospective work assignment of the licensee with that employer, client, or public body.
(2) A licensee shall not accept compensation, financial or otherwise, from more than 1partyindividual for services performed on the same project or assignment, unless the circumstances are fully disclosed to allpartiesindividuals that pay, or are required to approve payment, for the work performed by the licensee.
(3) A licensee shall notsolicitask for or accept gratuities, directly or indirectly, from contractors, their agents, or otherpartiesindividuals dealing with the client or employer of the licensee in connection with work for which the licensee is responsible, ornor shall the licenseesolicitask for or accept financial or other valuable consideration from another for specifying products or services.
R 339.17403 Participation in project; responsibilities; survey identification.
Rule 403. (1) A licensee shall
undertake to participate take part only in those
phases of a project in which the licensee is competent. In the areas of a
project involving architecture or professional engineering in which the
licensee lacks competence, the licensee shall retain licensed professional
associates for those phases of that project.
(2) A licensee is responsible for clear,
accurate, and complete development of plats, plans, drawings, specifications,
survey reports, and other instruments of service as is customary in the
practice of the licensee's profession, and the material shall must properly satisfy
the need for which it is intended.
(3) Surveys and drawings not intended to
delineate, monument, or define property boundaries and limits must shall be
clearly identified as not being boundary surveys.
PART 5. CONTINUING EDUCATION
R 339.17505 Continuing education; license renewal; requirements.
Rule 505. (1) An applicant for license
renewal who has been licensed during the 2-year period immediately preceding
before the expiration
date of the license shall obtain not less than 30 hours of continuing education
during the 2-year period immediately preceding before 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 the rules or
statutes.
(b) Obtain all 30 hours of continuing education in activities that satisfy the requirements under R 339.17506.
(2) Submission of an application for renewal constitutes the applicant’s certification of compliance with this rule and R 339.17506.
(3) A licensee shall keep maintain documentation of
satisfying the requirements of this rule and R 339.17506 for a period of 4
years from after the date of
filing the application for license renewal.
(4) A licensee is subject to an audit under this
part and may have to provide documentation as described by R 339.17506 upon
on request of the
department.
(5) A request for a continuing
education waiver under section 204(2) of the code, MCL 339.204, must be
received by the department before the expiration date of the license. The department shall
receive a request for a waiver of continuing education requirements for the
board’s consideration not less than 30 days before the last regularly scheduled
board meeting before the expiration date of the license.
R 339.17506 Acceptable continuing education; limitations.
Rule 506. (1) 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 provide documentation or a 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 |
(b) |
Passing an academic course related to
professional surveying from a baccalaureate degree or higher in a
If audited, a licensee shall provide a copy of the transcript showing credit hours of the academic courses related to surveying. |
Fifteen continuing education credits are
|
(c) |
Attending a seminar, in-house course, workshop, or professional or technical presentation related to surveying.
If audited, the licensee shall provide 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
|
(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 provide 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 are
|
(e) |
Teaching, instructing, or presenting on 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 provide 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
|
(f) |
Initial publication of a peer-reviewed paper, article, or book related to surveying.
If audited, the licensee shall provide a copy of the publication that identifies the licensee as the author or a publication acceptance letter. |
Six continuing education credits are |
(g) |
Serving as a voting member on a state or
national surveying committee, board, council, or association. To receive
credit, a licensee shall take part in
If audited, a licensee shall provide
documentation satisfactory to the department verifying the licensee’s
participation in |
Three continuing education credits are
|
(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 provide a copy of the form completed, signed, and dated by the department employee who was present at the meeting. |
One continuing education credit is
|
(i) |
Serving as a school-sponsored mentor to
a surveying student in a school-sponsored program. To receive credit, this
activity must
If audited, the licensee shall provide 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
|
(j) |
Obtaining patents related to surveying. |
Ten continuing education hours are |
(2) 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.
(3) Not more than 12 continuing education credits may be earned during a 24-hour period.
(4) 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.