DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS

 

DIRECTOR’S OFFICE

 

PROFESSIONAL SURVEYORS – GENERAL RULES

 

Filed with the secretary of state on

 

These rules become effective immediately after 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 339.17303, R 339.17403, R 339.17505, and R 339.17506 of the Michigan Administrative Code are amended, as follows:
 
 

PART 3.  PROFESSIONAL SURVEYOR SEAL AND RELICENSURE

 

 

R 339.17303  Relicensure.

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

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

   (b) Paying the required fee to the department.

   (c) Providing proof, as directed by the department, verifying that the applicant completed 15 30 credit hours of continuing education, 1 hour 2 credit hours of which must be in professional ethics related to surveying, in activities approved under R 339.17506, during the 1-year 2-year period immediately before the date of filing the relicensure application.  If the department determines that the amount of the continuing education credit hours provided with the application is deficient, the applicant has 1 year after the date of filing the application to provide proof of completing the deficient credit hours. 

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

   (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, as directed by the department, verifying that the applicant completed 30 credit hours of continuing education, 2 credit hours of which must be in professional ethics related to surveying, in activities approved under R 339.17506, during the 2-year period immediately before the date of filing the relicensure application.  If the department determines that the amount of the continuing education credit hours provided with the application are deficient, the applicant has 1 year after the date of filing the application to provide proof of completing the deficient credit hours.  

 
 
PART 4.  STANDARDS OF PRACTICE AND PROFESSIONAL CONDUCT

 

 

R  339.17403  Participation in project; responsibilities; survey identification.

  Rule 403.  (1) A licensee shall undertake to 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 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 be clearly identified as not being boundary surveys.

 

 

PART 5.  LICENSE RENEWAL AND CONTINUING EDUCATION

 

 

R 339.17505  Continuing education; license education required for renewal; requirements. certification of compliance; document retention; continuing education waiver.

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

   (a) Obtain 2 of the 30 credit 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 the rules or statutes.

   (b) Obtain all 30 credit 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 maintain documentation of satisfying the requirements of this rule and R 339.17506 for a period of 4 years 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 on request of the department.

  (5) The department shall receive An applicant shall submit a request for a waiver of continuing education requirements to the department 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 Credit Hours Granted for the Activity and Allowed for Licensure Cycle

(a)

Completing a continuing education program or activity related to professional surveying that is approved or offered for continuing education credit hours 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 credit hours earned, sponsor name and contact information, program title, and the date the program was held or completed.

The number of continuing education credits credit hours approved by the sponsor or the approving entity. are granted for this activity.

(b)

Passing an academic course related to professional surveying from a baccalaureate degree or higher in a surveying program that is accredited by EAC/ABET, ETAC/ABET, or ANSAC/ABET.

 

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 credit hours are granted for each semester credit, or 10 continuing education credits credit hours must are 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 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 hour is 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 hours 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 credit hours are granted for every 50 minutes of continuous instruction.

 

 

(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 credit hours are 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 provide a copy of the publication that identifies the licensee as the author or a publication acceptance letter.

Six continuing education credits credit hours are granted for this activity.

(g)

Serving as a voting member on a state or national surveying committee, board, council, or association.  To receive credit, credit hours, a licensee shall take part in not less than 50% of the regularly scheduled meetings of the committee, board, council, or association.

 

If audited, a licensee shall provide documentation satisfactory to the department verifying the licensee’s participation in not less than 50% of the regularly scheduled meetings of the committee, board, council, or association.

Three continuing education credits credit hours are granted for the year in which the licensee serves as a member.

 

 

(h)

Attending a Michigan board of professional surveyors meeting.  To receive credit, credit hours, 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 hour is granted for each meeting attended.

 

 

(i)

Serving as a school-sponsored mentor to a surveying student in a school-sponsored program.  To receive credit, credit hours, this activity must not be part of the licensee’s regular job description.

 

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 credit hours are granted for this activity.

 

 

(j)

Obtaining patents related to surveying.

Ten continuing education credit hours are granted for each approved patent.

  (2) Continuing education credits credit hours must are 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 credit hours during the renewal period.

  (3) Not more than 12 continuing education credits credit hours 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.