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09.13 - Board of Professional Land Surveyors - Final Regulations

FINAL ACTION ON REGULATIONS
MARYLAND REGISTER, VOLUME 44, ISSUE 9,
FRIDAY, APRIL 28, 2017

Title 09
DEPARTMENT OF LABOR, LICENSING, AND REGULATION
Subtitle 13 BOARD OF PROFESSIONAL LAND SURVEYORS

09.13 Board of Professional Land Surveyors

Notice of Final Action
[17-056-F]

On April 5, 2017, the Board for Professional Land Surveyors adopted amendments to:
  (1) Regulations .01—.08 under COMAR 09.13.01 Code of Ethics for the Practice of Professional Land Surveying and Property Line Surveying; and
  (2) Regulation .03 under COMAR 09.13.03 Survey Markers.
This action, which was proposed for adoption in 44:2 Md. R. 113—114 (January 20, 2017), has been adopted as proposed.

Effective Date: May 8, 2017.

SHIRLEY LEACH
Executive Director
Board for Professional Land Surveyors

09.13.01 Code of Ethics for the Practice of Professional Land Surveying and Property Line Surveying

Authority: Business Occupations and Professions Article, §15-205, Annotated Code of Maryland

.01 Definitions.
A. (text unchanged)
B. Terms Defined.
(1) (text unchanged).
(2) [“Registrant”] “Licensee” means any person holding a [certificate of registration from the State] license issued by the Board as a professional land surveyor or a property line surveyor.

.02 Responsibility to the Public.
In the performance of [his] a licensee’s professional duties, [a registrant] the licensee shall make every reasonable effort to protect the safety, health, property, and welfare of the public. If the [registrant’s] licensee’s professional judgment is overruled under circumstances in which the safety, health, property, or welfare of the public is endangered, the [registrant] licensee shall inform [his] the licensee’s employer or client of the possible consequences.

.03 Public Statements, Reports, and Testimony.
A. A [registrant] licensee may not make statements or reports, or give expert testimony, on land-surveying matters connected with public policy, if [his] the licensee’s remarks are inspired by or paid for by an interested party, unless [he] the licensee precedes [his] the remarks by identifying himself or herself, by disclosing the identity of the party on whose behalf [he] the licensee is speaking, and by revealing the existence of any pecuniary interest [he] the licensee has in the matter.
B. A [registrant] licensee may express publicly a professional opinion on a land-surveying subject only when that opinion is founded upon adequate knowledge of the material facts and a background of technical competence in the subject matter.
C. In a professional report, statement, or testimony, a [registrant] licensee may not be untruthful or deceptive.

.04 Competency for Assignments Undertaken or Approved.
A. A [registrant] licensee may undertake or perform land-surveying assignments only when qualified to do so by education or experience, or both, in the specific field of land surveying involved.
B. A [registrant] licensee may affix [his] the licensee’s signature or seal to land surveying documents only if:
(1) [He] The licensee is competent in the subject matter of those documents by virtue of education or experience, or both; and
(2) The documents were prepared under [his] the licensee’s direction as principal by an employee or an associate competent in the subject matter of those documents by virtue of education or experience, or both.

.05 Conflicts of Interest.
A. A [registrant] licensee shall avoid conflicts of interest with [his] the licensee’s employer or client. Whenever conflicts of interest appear unavoidable, however, the [registrant] licensee shall disclose promptly and fully all the circumstances to the employer or client.
B. A [registrant] licensee shall promptly inform [his] the licensee’s employer or client of any business association, interests, or circumstances which may influence [his] the licensee’s judgment or the quality of [his] services to [his] the licensee’s employer or client.
C. A [registrant] licensee may not accept compensation, financial or other, from more than one party for services on a project or for services pertaining to a project, unless [he] the licensee makes full disclosure to all interested parties.
D. A [registrant] licensee may not solicit or accept financial or other valuable consideration from any material supplier or equipment supplier for specifying the supplier’s products, except when the [registrant] licensee is a previously announced employee or agent of the supplier.
E. A [registrant] licensee may not solicit or accept gratuities, directly or indirectly, from any contractor, architect, engineer, professional land surveyor or property line surveyor, or other party dealing with the [registrant’s] licensee’s employer or client in connection with work for which the [registrant] licensee is responsible.

.06 Improper Solicitation of Professional Employment.
A. Other than the usual commissions paid to licensed employment agencies, a [registrant] licensee may not compensate, give anything of value, or offer to compensate or give anything of value, as follows:
(1) To a person or organization to recommend or secure [his] the licensee’s employment as a professional land surveyor or a property line surveyor; or
(2) As a reward for having made a recommendation resulting in [his] the licensee’s employment as a professional land surveyor or a property line surveyor.
B. When competing for professional employment, a [registrant] licensee may not falsify or permit misrepresentation of [his] the licensee’s qualifications or those of [his] the licensee’ associates.
C. An employed [surveyor] licensee may not solicit or accept other employment to the detriment of [his] the licensee’s regular work or the interests of [his] the licensee’s employer.

.07 Knowledge of Improper Conduct by Others.
Except to the extent the rules of privilege [recognized in the State] may apply, when questioned by any member or authorized representative of the Board concerning any alleged violation of another person or organization, a [registrant] licensee may not conceal or refuse to divulge information that [he] the licensee may have, or make false or misleading statements about the matter.

.08 [Designation of Registrants] Licensees’ Designation.
A [registrant ] licensee may not use any designation after the [registrant’s] licensee’s name on any business communication which misleads the public as to whether the [registrant] licensee is a professional land surveyor or a property line surveyor. [For example, registrants may not use the initials “P.L.S.” after their name because of the ambiguity of this designation.]

09.13.03 Survey Markers

Authority: Business Occupations and Professions Article, §15-208, Annotated Code of Maryland

.03 Marker Identification.
A. The top of all survey markers, described in Regulation .02, of this chapter, set by [any] a licensee or a permit holder shall have a legible inscription that identifies the licensee [, corporation, or partnership] or a permit holder responsible for setting the survey marker.
B. The top of all survey markers, described in Regulation .02, of this chapter, set by [any] a licensee or a permit holder shall have a legible inscription stating the words “Property Marker” or the abbreviations “Prop. Mark.” or “Prop. Mkr.”.