Public Law, Chapter 402, Part FF, 123rd Legislature, First Regular Session

Chapter 402 S.P. 659 - L.D. 1842

PART FF

Sec. FF-1. 32 MRSA §13902, as amended by PL 1995, c. 397, §115, is further amended to read:

§ 13902. Board of Licensure for Professional Land Surveyors; establishment; compensation

1. Establishment and membership. As established in Title 5, section 12004-A, the Board of Licensure for Professional Land Surveyors shall exist exists within the Department of Professional and Financial Regulation department. The board shall consist consists of 7 members appointed by the Governor, of which 5 shall must be professional land surveyors and 2 shall must be public members as defined in Title 5, section 12004-A. Each member of the board shall must be a citizen of the United States and a resident of this State, and all land surveyor members shall must be licensed professional land surveyors and shall must have been licensed as professional land surveyors for not less than at least 10 years. A public member may not be or have been a professional land surveyor.

2. Terms of appointment; removal. Appointments are for 5-year terms. Appointments of members must comply with Title 10, section 60 8009.

The Governor may remove a member of the board for cause.

4. Meetings; chair; quorum. The board shall meet at least once a year to conduct its business and to elect its officers a chair. Additional meetings shall must be held as necessary to conduct the business of the board and may be convened at the call of the chair or a majority of the board members. Four members of the board constitute a quorum.

The board shall elect or appoint annually a chair, a vice-chair and a secretary. A quorum of the board shall consist of not less than 4 members. The board may adopt and have an official seal.

Sec. FF-2. 32 MRSA §13903, sub-§1, as enacted by PL 1989, c. 346, §3, is amended to read:

1. Powers. The board shall administer and enforce this chapter and evaluate the qualifications of applicants for licensing. The board may examine witnesses and administer oaths and shall investigate or cause to be investigated any complaints made to it of any cases of noncompliance with or violations of this chapter.

Sec. FF-3. 32 MRSA §13903, sub-§3, as enacted by PL 1989, c. 346, §3, is repealed.

Sec. FF-4. 32 MRSA §13903, sub-§6, as enacted by PL 1989, c. 346, §3, is repealed.

Sec. FF-5. 32 MRSA §13904, sub-§2, as enacted by PL 1989, c. 346, §3, is amended to read:

2. Individual licenses. Only an individual may be licensed under this chapter , except that a firm, partnership, corporation or joint stock association may practice or offer to practice land surveying as long as the practice of land surveying is performed by professional land surveyors licensed in this State.

Sec. FF-6. 32 MRSA §13904, sub-§3, as enacted by PL 1989, c. 346, §3, is amended to read:

3. Penalty. A person who violates this section is guilty of a Class E crime subject to the provisions of Title 10, section 8003-C.

Sec. FF-7. 32 MRSA §13905, sub-§1, ¶F, as amended by PL 1991, c. 509, §40, is repealed.

Sec. FF-8. 32 MRSA §13905, sub-§1, ¶G, as amended by PL 1991, c. 509, §40, is repealed.

Sec. FF-9. 32 MRSA §13905, sub-§2, ¶C, as enacted by PL 1989, c. 346, §3, is repealed.

Sec. FF-10. 32 MRSA §13905, sub-§2, ¶D, as enacted by PL 1989, c. 346, §3, is repealed.

Sec. FF-11. 32 MRSA §13907, first ¶, as amended by PL 2005, c. 262, Pt. C, §2, is further amended to read:

The board shall issue a license, upon payment of a required fee as set under section 13910-A, to any applicant who , in the opinion of the board, has satisfactorily met the requirements of this chapter. The license authorizes the practice of land surveying.

Sec. FF-12. 32 MRSA §13908, as amended by PL 2005, c. 262, Pt. C, §3, is further amended to read:

§ 13908. Term of license

1. License renewal. A license expires on the date set by the Commissioner of Professional and Financial Regulation pursuant to Title 10, section 8003, subsection 4 for the licensing period for which the license was issued. A renewal license is issued for each ensuing licensing period in the absence of any reason or condition that might warrant the refusal to grant a license, upon receipt by the board of the written request of the applicant and the required fee for the license as set under section 13910-A and upon the applicant's presenting evidence of compliance with the requirements of section 13908, subsection 4.

Licenses may be renewed up to 90 days after the date of expiration upon payment of a late fee as set under section 13910-A in addition to a required the renewal fee as set under section 13910-A. Any person who submits an application for renewal more than 90 days after the licensure renewal date is subject to all requirements governing new applicants under this chapter, including a late fee, renewal fee and filing additional late fee as set under section 13910-A, except that the board may waive examination, giving due consideration to the protection of the public.

2. Refusal to renew license. The board shall hold an adjudicatory hearing at the written request of any person who is denied a license without a hearing for any reason other than failure to pay a required fee, provided the request for hearing is received by the board within 30 days of the applicant's receipt of written notice of the denial and the right of the applicant to request a hearing. Hearings shall be conducted in conformity with the Maine Administrative Procedure Act, Title 5, chapter 375. To the extent applicable, the board may subpoena witnesses, records and documents in any hearing it conducts.

3. Exemptions from expiration and renewal fees. Any person holding a valid license under this chapter on the date of entering employment in the Armed Forces of the United States during a period of war or employment in any wartime service outside the continental United States or any of its allied nations shall be is exempt, for the duration of that employment, from the payment of all renewal fees and that person's license shall remain remains in effect until the next regular expiration date following the termination of that employment.

4. Continuing education. An applicant for license renewal as a professional land surveyor shall must present evidence of having completed 12 hours of professional development in the previous biennium. This subsection does not apply to a person 65 years of age or older who practices less than 160 hours a year. Credit for development hours may be earned as follows.

A. At least 6 hours must be in courses in surveying practice or in courses in at least one of the following areas:

(1) General business administration or management;

(2) Land use regulation;

(3) Other related land use fields, including, but not limited to, civil or environmental engineering, site evaluation for septic system design, soils, landscape architecture, geology, forestry, title examination and insurance, and other legal issues related to real estate;

(4) Computer application skills or programming;

(5) Communication, including, but not limited to, speech and technical writing; or

(6) Other subject matters the understanding of which appreciably aids a land surveyor in the performance of professional duties.

B. One hour of professional development may be earned for every 900 hours of survey practice during the past biennium and one hour may be earned for each 3 years of full-time surveying practice as a registered or licensed surveyor during the time preceding the past biennium.

C. The applicant may acquire professional development credit through the following professional activities.

(1) Credit may be earned by membership and participation in surveying organizations as follows.

(a) Membership in a surveying organization entitles the licensee to one credit hour.

(b) Holding a leadership position in a surveying organization entitles the licensee to an additional credit hour per biennium.

(c) Active participation in an active committee of a surveying organization entitles the licensee to an additional credit hour.

(d) Chairing an active committee of a surveying organization entitles the licensee to an additional credit hour.

(e) Attendance at a minimum of 50% of the general membership meetings of a surveying organization entitles the licensee to an additional credit hour.

(2) The licensee is entitled to 1 credit hour for membership in other associations, societies, boards or clubs related to a subject matter described in paragraph A.

(3) A licensee is entitled to one credit hour for each article, column or other significant work relevant to subject matter described in subsection 4, paragraph A that is published in a professional journal, magazine or other similar publication. Credit hours for works written by multiple authors must be divided pro rata.

The board may waive requirements of this subsection in cases of undue hardship and may accept for credit worthy professional development activities as determined by the board not specified in this subsection. The board shall adopt any rules necessary to implement this subsection.

The provisions of this subsection must be reviewed by the joint standing committee of the Legislature having jurisdiction over business legislation matters by March 1, 1999.

Sec. FF-13. 32 MRSA §13909, as enacted by PL 1989, c. 346, §3, is repealed and the following enacted in its place:

§ 13909. Denial or refusal to renew license; disciplinary action

The board may deny a license, refuse to renew a license or impose the disciplinary sanctions authorized by Title 10, section 8003, subsection 5-A for any of the reasons enumerated in Title 10, section 8003, subsection 5-A, paragraph A.

Public Laws

123rd Legislature

First Regular Session

Chapter 402

S.P. 659 - L.D. 1842