HB 746 - Land Surveyors, St Board; create; Prof Engrs, St Board; amend

Georgia House of Representatives - 1995/1996 Sessions

HB 746 - Land Surveyors, St Board; create; Prof Engrs, St Board; amend

Page Numbers - 1/ 2/ 3/ 4/ 5/ 6/ 7/ 8/ 9/ 10/ 11/ 12/ 13/ 14/ 15/ 16/ 17/ 18/ 19/ 20/ 21/ 22/ 23/ 24/ 25/ 26/ 27/ 28/ 29/ 30/ 31/ 32/ 33/ 34/ 35/ 36/ 37/ 38/ 39/ 40/ 41/ 42/ 43
Code Sections - 43-15-1/ 43-15-2/ 43-15-3/ 43-15-4/ 43-15-5/ 43-15-6/ 43-15-7/ 43-15-8/ 43-15-9/ 43-15-10/ 43-15-11/ 43-22A-1/ 43-22A-2/ 43-22A-3/ 43-22A-4/ 43-22A-5/ 43-22A-6/ 43-22A-7/ 43-22A-8/ 43-22A-9/ 43-22A-10/ 43-22A-11/ 43-22A-12/ 43-22A-13/ 43-22A-14/ 43-22A-15/ 43-22A-16/ 43-22A-17/ 43-22A-18/ 43-22A-19/ 43-22A-20/ 43-22A-21/ 43-22A-22/ 43-22A-23/ 43-22A-24/ 36-7-2/ 44-14-360
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1. Smith  109th

House Comm: Ind / Senate Comm: / House Vote: Yeas Nays Senate Vote: Yeas Nays ---------------------------------------- House Action Senate ---------------------------------------- 2/15/95 Read 1st Time 2/16/95 Read 2nd Time ---------------------------------------- Code Sections amended:
HB 746 LC 16 4117 A BILL TO BE ENTITLED AN ACT 1- 1 To amend Title 43 of the Official Code of Georgia Annotated, 1- 2 relating to professions and businesses, so as to create the 1- 3 State Board of Registration for Land Surveyors and to 1- 4 provide for the registration and regulation of land 1- 5 surveyors by such board; to delete the provisions of Chapter 1- 6 15 of such title relating to land surveyors; to provide for 1- 7 the State Board of Registration for Professional Engineers; 1- 8 to provide for the duties of such board; to continue the 1- 9 provisions of law applicable to land surveyors under a new 1-10 chapter and under the jurisdiction of the State Board of 1-11 Registration for Land Surveyors; to change certain 1-12 references in the Code to the definition of land surveying 1-13 or land surveyor; to change certain references in the Code 1-14 to the State Board of Registration for Professional 1-15 Engineers and Land Surveyors to the State Board of 1-16 Registration for Land Surveyors; to provide effective dates; 1-17 to repeal conflicting laws; and for other purposes. 1-18 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. 1-19 Title 43 of the Official Code of Georgia Annotated, relating 1-20 to professions and businesses, is amended by striking in its 1-21 entirety Chapter 15, relating to professional engineers and 1-22 land surveyors, and inserting in lieu thereof a new Chapter 1-23 15 to read as follows: "CHAPTER 15 1-24 43-15-1. (Index) 1-25 This chapter is enacted to safeguard life, health, and 1-26 property and to promote the public welfare. 1-27 43-15-2. (Index) 1-28 As used in this chapter, the term: 1-29 (1) 'Board' means the State Board of Registration for 1-30 Professional Engineers and Land Surveyors. -1- (Index) LC 16 4117 2- 1 (2) 'Certificate' means any certificate issued under 2- 2 Code Section 43-15-8 or 43-15-12. 2- 3 (3) 'Certificate of registration' means any certificate 2- 4 issued under Code Section 43-15-9, 43-15-13, or 43-15-16 2- 5 43-15-14. 2- 6 (4) 'Current certificate of registration' means a 2- 7 certificate of registration which has not expired or 2- 8 been revoked and the rights under which have not been 2- 9 suspended or otherwise restricted by the board. 2-10 (5) 'Engineer-in-training' means an individual who meets 2-11 the qualifications for and to whom the board has duly 2-12 issued an engineer-in-training certificate. 2-13 (6) 'Land surveying' means any service, work, or 2-14 practice, the adequate performance of which requires the 2-15 application of special knowledge of the principles of 2-16 mathematics, the related physical and applied sciences, 2-17 and the requirements of relevant law in the evaluation 2-18 and location of property rights, as applied to: 2-19 (A) Measuring and locating lines, angles, elevations, 2-20 natural and manmade features in the air, on the 2-21 surface of the earth, in underground works, and on the 2-22 beds of bodies of water, for the purpose of 2-23 determining and reporting positions, topography, 2-24 areas, and volumes; 2-25 (B) Establishing or reestablishing, locating or 2-26 relocating, or setting or resetting of monumentation 2-27 for any property, easement, or right of way 2-28 boundaries, or the boundary of any estate or interest 2-29 therein; 2-30 (C) The platting and layout of lands and subdivisions 2-31 thereof, including alignment and grades of streets and 2-32 roads, excluding thoroughfares; 2-33 (D) The platting and layout, incidental to 2-34 subdivisions, of grading, erosion control, storm 2-35 drainage pipes and culverts, and water distribution or 2-36 gravity sanitary collection sewer extensions therein, 2-37 provided that the design and installation of such 2-38 water distribution or gravity sanitary sewer 2-39 extensions shall conform to local ordinances and 2-40 regulations and shall be subjected to the review and 2-41 approval of the local government or its engineer; -2- (Index) LC 16 4117 3- 1 (E) Conducting horizontal and vertical control 3- 2 surveys, layout or stake-out of proposed construction, 3- 3 or the preparation of as-built surveys which relate to 3- 4 property, easement, or right of way boundaries; 3- 5 (F) Utilization of measurement devices or systems, 3- 6 such as aerial photogrammetry, geodetic positioning 3- 7 systems, land information systems, or similar 3- 8 technology for evaluation or location of property, 3- 9 easement, or right of way boundaries; or 3-10 (G) The preparation and perpetuation of maps, record 3-11 plats, drawings, exhibits, field notes, or property 3-12 descriptions representing these services. 3-13 (7) 'Land surveyor' means an individual who is qualified 3-14 to engage in the practice of land surveying and who 3-15 possesses a current certificate of registration as a 3-16 land surveyor issued by the board. A person shall be 3-17 construed to practice or offer to practice land 3-18 surveying within the meaning of this chapter who by 3-19 verbal claim, sign, advertisement, letterhead, cards, or 3-20 in any other way represents or holds himself or herself 3-21 out as able or qualified to perform or who does perform 3-22 any of the services defined as land surveying. 3-23 (8) 'Land surveyor-in-training' means an individual who 3-24 meets the qualifications for and to whom the board has 3-25 duly issued a certificate as a land 3-26 surveyor-in-training. 3-27 (9)(6) 'Person' means an individual and any legal or 3-28 commercial entity, including, by way of illustration and 3-29 not limitation, a partnership, corporation, association, 3-30 or governmental agency. 3-31 (10)(7) 'Professional engineer' means an individual who 3-32 is qualified, by reason of knowledge of mathematics, the 3-33 physical sciences, and the principles by which 3-34 mechanical properties of matter are made useful to man 3-35 in structures and machines, acquired by professional 3-36 education and practical experience, to engage in the 3-37 practice of professional engineering and who possesses a 3-38 current certificate of registration as a professional 3-39 engineer issued by the board. 3-40 (11)(8) 'Professional engineering' means the practice of 3-41 the art and sciences, known as engineering, by which 3-42 mechanical properties of matter are made useful to man -3- (Index) LC 16 4117 4- 1 in structures and machines and shall include any 4- 2 professional service, such as consultation, 4- 3 investigation, evaluation, planning, designing, or 4- 4 responsible supervision of construction or operation, in 4- 5 connection with any public or private utilities, 4- 6 structures, buildings, machines, equipment, processes, 4- 7 works, or projects, wherein the public welfare or the 4- 8 safeguarding of life, health, or property is concerned 4- 9 or involved, when such professional service requires the 4-10 application of engineering principles and data and 4-11 training in the application of mathematical and physical 4-12 sciences. A person shall be construed to practice or 4-13 offer to practice professional engineering, within the 4-14 meaning of this chapter who by verbal claim, sign, 4-15 advertisement, letterhead, card, or in any other way 4-16 represents or holds himself or herself out as a 4-17 professional engineer or engineer or as able or 4-18 qualified to perform engineering services or who does 4-19 perform any of the services set out in this paragraph. 4-20 Nothing contained in this chapter shall include the work 4-21 ordinarily performed by persons who operate or maintain 4-22 machinery or equipment. 4-23 43-15-3. (Index) 4-24 (a) A State Board of Registration for Professional 4-25 Engineers and Land Surveyors is created whose duty it 4-26 shall be to administer this chapter. 4-27 (b) The board shall consist of six professional engineers, 4-28 two land surveyors, and a member appointed from the public 4-29 at large who has no connection with the professions 4-30 profession of engineering and land surveying, all of whom 4-31 shall be appointed by the Governor for a term of five 4-32 years. Of the professional engineers appointed to the 4-33 board, one shall be a structural engineer, one shall be a 4-34 mechanical engineer, one shall be an electrical engineer, 4-35 two shall be civil or sanitary engineers, and one shall be 4-36 from any discipline of engineering. Each member of the 4-37 board shall be a citizen of the United States and a 4-38 resident of this state. 4-39 (c) Each member shall hold office until his or her 4-40 successor has been duly appointed and qualified. All 4-41 successors shall be appointed in the same manner as the 4-42 original appointment. -4- (Index) LC 16 4117 5- 1 (d) A vacancy on the membership of the board shall be 5- 2 filled by appointment by the Governor, in the same manner 5- 3 as the original appointment to the position vacated, for 5- 4 the unexpired term. 5- 5 (e) Professional engineers appointed to the board shall 5- 6 have been engaged in the practice of engineering in their 5- 7 respective disciplines for at least 12 years and shall 5- 8 have been in responsible charge of important engineering 5- 9 work in their respective disciplines for at least five 5-10 years. Land surveyors appointed to the board shall have 5-11 been engaged in the practice of land surveying for at 5-12 least 12 years and shall have been in responsible charge 5-13 of important land surveying work for at least five years. 5-14 Responsible charge of engineering or land surveying 5-15 teaching may be construed as responsible charge of 5-16 important engineering or land surveying work, 5-17 respectively. 5-18 (f) Each member of the board shall be reimbursed as 5-19 provided for in subsection (f) of Code Section 43-1-2. 5-20 (g) The Governor may remove any member of the board for 5-21 misconduct, incompetency, neglect of duty, or for any 5-22 other sufficient and just cause. 5-23 43-15-4. (Index) 5-24 (a) The board shall adopt all necessary rules, 5-25 regulations, and bylaws, not inconsistent with this 5-26 chapter and the Constitution and laws of this state or of 5-27 the United States, to govern its times and place of 5-28 meetings for organization and reorganization, for the 5-29 holding of examinations, for fixing the length of terms of 5-30 its officers, and for governing all other matters 5-31 requisite to the exercise of its powers, the performance 5-32 of its duties, and the transaction of its businesses. The 5-33 board shall adopt an official seal. 5-34 (b) The board shall meet at such times as the business of 5-35 the board shall require, as the board or its chairman 5-36 chairperson may determine, but shall hold one annual 5-37 meeting each year at which time the board shall elect a 5-38 chairman chairperson and a vice-chairman vice chairperson. 5-39 (c) The board shall be assigned to the office of the 5-40 joint-secretary for those purposes described in Chapter 1 5-41 of this title. -5- (Index) LC 16 4117 6- 1 43-15-5. (Index) 6- 2 The board shall keep records of its proceedings. 6- 3 43-15-6. (Index) 6- 4 In carrying out this chapter, in addition to other powers 6- 5 conferred upon it under this chapter, the board shall have 6- 6 the power: 6- 7 (1) To adopt and enforce regulations implementing this 6- 8 chapter, including regulations governing the 6- 9 professional conduct of those individuals registered by 6-10 it; 6-11 (2) Under the hand of its chairman chairperson or his or 6-12 her delegate and the seal of the board, to subpoena 6-13 witnesses and compel their attendance and to require 6-14 thereby the production of books, papers, documents, and 6-15 other things relevant to such investigation in order to 6-16 investigate conduct subject to regulation by the board; 6-17 the chairman chairperson or the member of the board who 6-18 is his or her delegate may administer oaths to witnesses 6-19 appearing before the board; and the board may secure the 6-20 enforcement of its subpoenas in the manner provided by 6-21 Chapter 13 of Title 50, the 'Georgia Administrative 6-22 Procedure Act'; and 6-23 (3) To maintain in its name an action for injunctive or 6-24 other appropriate legal or equitable relief to remedy 6-25 violations of this chapter and, in pursuing equitable 6-26 remedies, it shall not be necessary that the board 6-27 allege or prove that it has no adequate remedy at law. 6-28 43-15-7. (Index) 6-29 (a) It shall be unlawful for any person other than a 6-30 professional engineer to practice or to offer to practice 6-31 professional engineering in this state. 6-32 (b) It shall be unlawful for any person other than a land 6-33 surveyor to practice or to offer to practice land 6-34 surveying in this state. 6-35 43-15-8. (Index) 6-36 To be eligible for certification as an 6-37 engineer-in-training, an applicant must meet the following 6-38 minimum requirements: -6- (Index) LC 16 4117 7- 1 (1)(A) Graduate in an engineering curriculum of not 7- 2 less than four years from a school or college approved 7- 3 by the board; and 7- 4 (B) Pass a written examination in fundamental 7- 5 engineering subjects (engineer-in-training 7- 6 examination); or 7- 7 (2)(A) Graduate in an engineering curriculum of not 7- 8 less than four years or in a curriculum of four or 7- 9 more years in engineering technology or related 7-10 science, from a school or college approved by the 7-11 board; and 7-12 (B) Pass a written examination in fundamental 7-13 engineering subjects (engineer-in-training 7-14 examination); or 7-15 (3)(A) Acquire not less than eight years of experience 7-16 in engineering work of a nature satisfactory to the 7-17 board; and 7-18 (B) Pass a written examination in fundamental 7-19 engineering subjects (engineer-in-training 7-20 examination). 7-21 43-15-9. (Index) 7-22 To be eligible for a certificate of registration as a 7-23 professional engineer, an applicant must meet the 7-24 following minimum requirements: 7-25 (1)(A) Obtain certification by the board as an 7-26 engineer-in-training under paragraph (1) of Code 7-27 Section 43-15-8; 7-28 (B) Acquire a specific record of not less than four 7-29 years' experience in engineering work of a character 7-30 satisfactory to the board which indicates the 7-31 applicant is competent to practice professional 7-32 engineering; and 7-33 (C) Subsequently pass a written examination in the 7-34 principles and practices of engineering (professional 7-35 engineers' engineer's examination); or 7-36 (2)(A) Obtain certification by the board as an 7-37 engineer-in-training under paragraph (2) of Code 7-38 Section 43-15-8; 7-39 (B) Acquire a specific record of not less than seven 7-40 years' experience in engineering work of a character -7- (Index) LC 16 4117 8- 1 satisfactory to the board which indicates the 8- 2 applicant is competent to practice professional 8- 3 engineering; and 8- 4 (C) Subsequently pass a written examination in the 8- 5 principles and practice of engineering (professional 8- 6 engineers' engineer's examination); or 8- 7 (3)(A) Obtain certification by the board as an 8- 8 engineer-in-training under paragraph (3) of Code 8- 9 Section 43-15-8; 8-10 (B) Acquire a specific record of not less than seven 8-11 years' experience in engineering work of a character 8-12 satisfactory to the board which indicates the 8-13 applicant is competent to practice professional 8-14 engineering; and 8-15 (C) Subsequently pass a written examination in the 8-16 principles and practice of engineering (professional 8-17 engineers' engineer's examination); or 8-18 (4)(A) Graduate in an engineering or related science 8-19 curriculum of not less than four academic years; 8-20 (B) Acquire a specific record of not less than 16 8-21 years' experience in engineering work, of which at 8-22 least eight years have been in responsible charge of 8-23 important engineering work of a character satisfactory 8-24 to the board, which indicates the applicant is 8-25 competent to practice professional engineering; and 8-26 (C) Subsequently pass a written examination in the 8-27 principles and practice of engineering (professional 8-28 engineers' engineer's examination). 8-29 43-15-10. (Index) 8-30 (a) For the purpose of determining whether an applicant 8-31 has acquired the experience required under Code Section 8-32 43-15-8 or 43-15-9: 8-33 (1) Responsible charge of engineering teaching may, in 8-34 the board's sole discretion, be considered as 8-35 responsible charge of engineering work; 8-36 (2) The satisfactory completion of each academic year of 8-37 an approved course in engineering or engineering 8-38 technology in a school or college approved by the board, 8-39 without graduation, may be considered as equivalent to a 8-40 year of engineering experience; -8- (Index) LC 16 4117 9- 1 (3) Partial credit may be granted by the board for the 9- 2 successful completion of one or more scholastic years of 9- 3 a four-year engineering curriculum in a school or 9- 4 college not approved by the board or in a curriculum in 9- 5 related science in a school or college approved by the 9- 6 board. The degree of credit shall be determined by the 9- 7 board upon consideration of the mathematics, science, 9- 8 and engineering courses completed by the applicant; 9- 9 (4) No applicant shall receive experience credit for 9-10 more than four years of undergraduate education; and 9-11 (5) The satisfactory completion of graduate study in an 9-12 approved engineering curriculum may, in the board's sole 9-13 discretion, be credited for not more than one year's 9-14 experience. 9-15 (b) The execution, as a contractor, of work designed by a 9-16 professional engineer or the supervision of the 9-17 construction of such work as foreman, inspector, or 9-18 superintendent shall not be deemed to be engineering 9-19 experience unless such work involves the application of 9-20 engineering principles and the applicant presents evidence 9-21 of additional engineering experience of a character 9-22 satisfactory to the board and indicating the applicant is 9-23 competent to be placed in responsible charge of 9-24 engineering work. 9-25 43-15-11. (Index) 9-26 An applicant for the professional engineer's examination 9-27 shall designate the special branch of engineering in which 9-28 the applicant proposes to engage. The scope of the 9-29 professional engineer's examination administered to him 9-30 such applicant shall be prescribed by the board with 9-31 respect to that branch of engineering, with special 9-32 reference to the applicant's ability to design and 9-33 supervise engineering work so as to ensure the safety of 9-34 life, health, and property. 9-35 43-15-12. 9-36 To be eligible for certification as a land 9-37 surveyor-in-training, an applicant must meet the following 9-38 minimum requirements: 9-39 (1)(A) Earn a bachelor's degree in a curriculum 9-40 approved by the board; or -9- (Index) LC 16 4117 10- 1 (B) Earn an associate degree, or its equivalent, in a 10- 2 curriculum approved by the board and acquire not less 10- 3 than two years of combined office and field experience 10- 4 in land surveying of a nature satisfactory to the 10- 5 board; or 10- 6 (C) Earn a high school diploma, or its equivalent and 10- 7 acquire not less than four years' experience in land 10- 8 surveying of a nature satisfactory to the board; and 10- 9 (2) Acquire a minimum of 15 quarter hours' credit, or 10-10 its equivalent, in land surveying subjects in a course 10-11 of study approved by the board; provided, however, that 10-12 on and after January 1, 1995, the minimum requirement 10-13 shall be 20 quarter hours' credit, five of which shall 10-14 be in hydrology; and 10-15 (3) Subsequently pass the board's written examination in 10-16 the fundamentals of land surveying (land 10-17 surveyor-in-training examination). 10-18 43-15-13. 10-19 To be eligible for a certificate of registration as a land 10-20 surveyor, an applicant must meet the following minimum 10-21 requirements: 10-22 (1)(A) Obtain certification as a land 10-23 surveyor-in-training under subparagraph (A) of 10-24 paragraph (1) and paragraph (3) of Code Section 10-25 43-15-12; 10-26 (B) Acquire a specific record of the equivalent of not 10-27 less than four years of combined office and field 10-28 experience in land surveying with a minimum of three 10-29 years' experience in responsible charge of land 10-30 surveying projects under the supervision of a 10-31 registered land surveyor or such other supervision 10-32 deemed by the board to be the equivalent thereof; and 10-33 (C) Subsequently pass a written examination on the 10-34 principles and practices of land surveying and the 10-35 laws of this state relating to land surveying (land 10-36 surveyor examination); or 10-37 (2)(A) Obtain certification as a land 10-38 surveyor-in-training under subparagraph (B) of 10-39 paragraph (1) and paragraph (3) of Code Section 10-40 43-15-12; -10- (Index) LC 16 4117 11- 1 (B) Acquire an additional specific record of the 11- 2 equivalent of not less than four years of combined 11- 3 office and field experience in land surveying which, 11- 4 together with the qualifying experience under 11- 5 subparagraph (B) of paragraph (1) of Code Section 11- 6 43-15-12, includes not less than four years' 11- 7 experience in responsible charge of land surveying 11- 8 projects under the supervision of a registered land 11- 9 surveyor or such other supervision deemed by the board 11-10 to be the equivalent thereof; and 11-11 (C) Subsequently pass a written examination on the 11-12 principles and practices of land surveying and the 11-13 laws of Georgia relating to land surveying (land 11-14 surveyor examination); or 11-15 (3)(A) Obtain certification as a land 11-16 surveyor-in-training under subparagraph (C) of 11-17 paragraph (1) and paragraph (3) of Code Section 11-18 43-15-12; 11-19 (B) Acquire an additional specific record of not less 11-20 than four years of experience in land surveying which, 11-21 together with the qualifying experience under 11-22 subparagraph (C) of paragraph (1) of Code Section 11-23 43-15-12, includes not less than six years' experience 11-24 in responsible charge of land surveying under the 11-25 supervision of a registered land surveyor or such 11-26 other supervision deemed by the board to be the 11-27 equivalent thereof and of a grade and character 11-28 satisfactory to the board indicating that the 11-29 applicant is competent to practice land surveying; and 11-30 (C) Subsequently pass a written examination on the 11-31 principles and practices of land surveying and laws of 11-32 this state relating to land surveying (land surveyor 11-33 examination). 11-34 43-15-1443-15-12. 11-35 Board approval of an applicant for examination entitles 11-36 the applicant to admission to the next four consecutive 11-37 examination offerings without reapplication. Following the 11-38 first offering to which the applicant is entitled to 11-39 admission, the applicant shall not be admitted to any of 11-40 the succeeding three examination offerings except upon 11-41 payment of a fee for each examination, to be determined by 11-42 the board. Admission to any future examinations will be at 11-43 the discretion of the board which may require the -11- (Index) LC 16 4117 12- 1 applicant to file a new application. An examination 12- 2 offering occurs regardless of whether the applicant 12- 3 attends. 12- 4 43-15-1543-15-13. 12- 5 (a) Applications for certificates and for certificates of 12- 6 registration shall be made under oath to the board and 12- 7 shall contain such information in the form and manner as 12- 8 shall be prescribed by the board. The application shall 12- 9 be accompanied by a fee in an amount prescribed by the 12-10 board. 12-11 (b) No individual shall be eligible for a certificate or a 12-12 certificate of registration under this chapter who is not 12-13 of good character and reputation. 12-14 (c) If the board denies an application on the ground that 12-15 the applicant lacks the requisite experience to admit him 12-16 for admission to the examination, the board may impose on 12-17 the applicant a period of deferment on the filing of a new 12-18 application, during which period the board shall not be 12-19 required to accept for filing a new application by the 12-20 applicant. The period of deferment shall not exceed the 12-21 time reasonably required to acquire the requisite 12-22 experience. 12-23 (d) An application shall contain the names of not less 12-24 than five persons, not related to the applicant by blood 12-25 or marriage, of whom at least three shall be professional 12-26 engineers or land surveyors having personal knowledge of 12-27 the experience on which the applicant predicates his or 12-28 her qualifications. 12-29 (e) Experience required under this chapter shall be of a 12-30 character and nature approved by the board and consistent 12-31 with the purposes of this chapter. 12-32 43-15-1643-15-14. 12-33 (a) The board may, in its discretion, upon application 12-34 therefor and the payment of a fee prescribed by the board, 12-35 issue a certificate of registration as a professional 12-36 engineer to any individual who holds a certificate of 12-37 qualification or registration issued to him said 12-38 individual by proper authority of the National Council of 12-39 Engineering Examiners or of any state or territory or 12-40 possession of the United States if the requirements of the 12-41 registration of professional engineers under which the 12-42 certificate of qualification or registration was issued do -12- (Index) LC 16 4117 13- 1 not conflict with this chapter and are of a standard not 13- 2 lower than that specified in this chapter or if the 13- 3 applicant held such certificate on or before July 1, 1956. 13- 4 The fact that the statute under which the individual was 13- 5 issued a certificate of qualification or registration in 13- 6 another state does not provide that the required written 13- 7 examination be passed subsequent to the acquisition of the 13- 8 required experience shall not be deemed as a conflict 13- 9 with, or lower than, the Georgia requirements, provided 13-10 that the written examination and the amount of experience 13-11 required for registration are substantially equivalent to 13-12 the Georgia requirements. 13-13 (b) The board may, in its discretion, upon application 13-14 therefor and the payment of a fee prescribed by the board, 13-15 issue a certificate of registration as a land surveyor to 13-16 any person who holds a certificate of registration to 13-17 practice land surveying issued by a state or territory or 13-18 possession of the United States obtained: 13-19 (1) By written examination of not less than eight hours 13-20 in duration prior to July 1, 1968; 13-21 (2) By written examination of not less than 16 hours in 13-22 duration prior to July 1, 1978; or 13-23 (3) Under qualifications comparable to those prescribed 13-24 by this chapter; and 13-25 in addition passes a written examination on the laws of 13-26 Georgia relating to land surveying (land surveyor 13-27 examination). 13-28 43-15-1743-15-15. 13-29 (a) Certificates and certificates of registration shall be 13-30 issued to applicants who successfully complete the 13-31 respective requirements therefor and upon the payment of 13-32 fees prescribed by the board. 13-33 (b) Certificates of registration shall be renewable 13-34 biennially. Renewal may be effected for the succeeding two 13-35 years by the payment of the fee prescribed by the board. 13-36 Certificates of registration may be renewed subsequent to 13-37 their expiration upon the payment of accumulated unpaid 13-38 fees and of a penalty in an amount to be determined by the 13-39 board. A certificate of registration which has been 13-40 expired for a period of greater than four years shall be 13-41 automatically revoked. -13- (Index) LC 16 4117 14- 1 (c) The joint-secretary shall give notice by mail to each 14- 2 person holding a certificate of registration under this 14- 3 chapter of the date of the expiration of the certificate 14- 4 of registration and the amount of the fee required for 14- 5 renewal, at least one month prior to the expiration date; 14- 6 but the failure to receive such notice shall not avoid the 14- 7 expiration of any certificate of registration not renewed 14- 8 in accordance with this Code section. 14- 9 43-15-1843-15-16. 14-10 (a) In the case of a registered professional engineer, the 14-11 The certificate of registration shall authorize the 14-12 practice of professional engineering. In the case of a 14-13 registered land surveyor, the certificate of registration 14-14 shall authorize the practice of land surveying. A 14-15 certificate of registration shall show the full name of 14-16 the registrant, shall have a serial number, and shall be 14-17 signed by the chairman chairperson of the board and the 14-18 joint-secretary under the seal of the board. 14-19 (b) The issuance of a certificate of registration by the 14-20 board shall be evidence that the person named therein is 14-21 entitled to all the rights and privileges of a registered 14-22 professional engineer or a registered land surveyor, as 14-23 the case may be, as long as the certificate remains 14-24 unrevoked, unexpired, or unaffected by other discipline 14-25 imposed by the board. 14-26 43-15-1943-15-17. 14-27 (a) The board shall have the power, after notice and 14-28 hearing, to deny any application made to it, to revoke or 14-29 suspend any certificate or certificate of registration 14-30 issued by it, or to reprimand any person holding a 14-31 certificate or certificate of registration issued by it, 14-32 upon the following grounds: 14-33 (1) Commission of any fraud or deceit in obtaining a 14-34 certificate or certificate of registration; 14-35 (2) Any gross negligence, incompetency, or 14-36 unprofessional conduct in the practice of professional 14-37 engineering or land surveying as a registered 14-38 professional engineer or land surveyor; 14-39 (3) Affixing a seal to any plan, specification, plat, or 14-40 report contrary to Code Section 43-15-22 43-15-20; -14- (Index) LC 16 4117 15- 1 (4) Conviction of a felony or crime involving moral 15- 2 turpitude in the courts of this state, the United 15- 3 States, or of any state or territory of the United 15- 4 States or the conviction of an offense in another 15- 5 jurisdiction which, if committed in this state, would be 15- 6 deemed a felony. 'Conviction' shall include a finding or 15- 7 verdict of guilt, a plea of guilty, or a plea of nolo 15- 8 contendere in a criminal proceeding, regardless of 15- 9 whether the adjudication of guilt or sentence is 15-10 withheld or not entered thereon pursuant to Article 3 of 15-11 Chapter 8 of Title 42 or any comparable rule or statute; 15-12 or 15-13 (5) Any violation of this chapter or any rule or 15-14 regulation promulgated by the board pursuant to the 15-15 powers conferred on it by this chapter. 15-16 (b) 'Unprofessional conduct,' as referred to in paragraph 15-17 (2) of subsection (a) of this Code section, includes a 15-18 violation of those standards of professional conduct for 15-19 professional engineers and land surveyors adopted by the 15-20 board pursuant to the power conferred upon it to 15-21 promulgate rules and regulations to effectuate the duties 15-22 and powers conferred on it by this chapter. 15-23 43-15-2043-15-18. 15-24 (a) The board, in its sole discretion, may reissue a 15-25 certificate or a certificate of registration to any person 15-26 whose certificate or certificate of registration has been 15-27 revoked or may terminate any suspension imposed by it upon 15-28 the affirmative vote of a majority of the members of the 15-29 board and upon the payment of a fee prescribed by the 15-30 board. 15-31 (b) A new certificate or certificate of registration to 15-32 replace any certificate lost, destroyed, or mutilated may 15-33 be issued subject to the rules of the board upon the 15-34 payment of a fee prescribed by the board. 15-35 43-15-2143-15-19. 15-36 (a) The board, or its delegate, in its sole discretion, 15-37 may issue a temporary permit to a person who is not a 15-38 resident of and who has no established place of business 15-39 in this state, or who has recently become a resident 15-40 thereof, to permit him such person, in accordance with the 15-41 conditions of the temporary permit, to practice or offer 15-42 to practice engineering in this state if: -15- (Index) LC 16 4117 16- 1 (1) An application for a certificate of registration has 16- 2 been filed with the board and the fee required by this 16- 3 chapter has been paid; 16- 4 (2) The applicant is legally qualified to practice such 16- 5 profession in the state or country of the applicant's 16- 6 residence or former residence; and 16- 7 (3) The requirements and qualifications for obtaining a 16- 8 certificate of registration in that jurisdiction are not 16- 9 lower than those specified in this chapter. 16-10 (b) An application under subsection (a) of this Code 16-11 section shall be made to the board in writing, containing 16-12 such information and in the form and manner as shall be 16-13 prescribed by the board. 16-14 (c) The temporary permit shall continue only for such time 16-15 as the board requires for the consideration of the 16-16 application for registration. The temporary permit shall 16-17 contain such conditions with respect to the scope of the 16-18 permission granted as the board deems necessary or 16-19 desirable. 16-20 (d) Plans, specifications, plats, and reports issued by a 16-21 person holding a temporary permit shall bear his such 16-22 person's signature and a stamp containing his such 16-23 person's name, business address, and 'Georgia Professional 16-24 Engineer Temporary Permit No. ____.' The signature and 16-25 stamp shall be affixed only in accordance with the 16-26 requirements of subsection (b) of Code Section 43-15-22 16-27 43-15-20. 16-28 (e) A person who has obtained a temporary permit and 16-29 practices in accordance therewith is deemed to be a 16-30 professional engineer for purposes of this chapter, but a 16-31 temporary permit shall not be deemed to be a registration 16-32 under any provision of this chapter, including, by way of 16-33 illustration and not limitation, Code Section 43-15-23 16-34 43-15-21. 16-35 43-15-2243-15-20. 16-36 (a) Every engineer and land surveyor registered under this 16-37 chapter shall, upon receipt of a certificate of 16-38 registration, obtain a seal of the design authorized by 16-39 the board, bearing the registrant's name, certificate 16-40 number, and the legend 'Registered Professional Engineer,' 16-41 or 'Registered Land Surveyor,' in accordance with the 16-42 certificate of registration. -16- (Index) LC 16 4117 17- 1 (b) Plans, specifications, plats, and reports issued by a 17- 2 registrant shall be stamped or sealed and countersigned by 17- 3 the registrant; but it shall be unlawful for the 17- 4 registrant or any other person to stamp or seal any 17- 5 document with such seal after the certificate of the 17- 6 registrant named thereon has expired, or has been revoked, 17- 7 or during the period of any suspension imposed by the 17- 8 board. No plans, specifications, plats, or reports shall 17- 9 be stamped with the seal of a registrant unless such 17-10 registrant has personally performed the engineering or 17-11 land surveying work involved or, when the registrant has 17-12 not personally performed the engineering or land surveying 17-13 work reflected in any plan, specification, plat, or 17-14 report, such registrant has affixed his or her seal 17-15 thereto only if such document has been prepared by an 17-16 employee or employees under the registrant's direct 17-17 supervisory control on a daily basis and after the 17-18 registrant has thoroughly reviewed the work embodied in 17-19 such document and has satisfied himself or herself 17-20 completely that such work is adequate. 17-21 (c) No registrant shall affix his or her seal to any plan, 17-22 specification, plat, or report unless he or she has 17-23 assumed the responsibility for the accuracy and adequacy 17-24 of the work involved. 17-25 (d) Any registrant who has affixed his or her seal to any 17-26 plan, specification, plat, or report prepared by another 17-27 person not under the registrant's direct supervisory 17-28 control on a daily basis, and without having thoroughly 17-29 reviewed such work, shall be deemed to have committed a 17-30 fraudulent act of misconduct in the practice of 17-31 professional engineering or land surveying. 17-32 43-15-2343-15-21. 17-33 (a) The practice of or offer to practice professional 17-34 engineering, as defined in this chapter, by individual 17-35 professional engineers registered under this chapter 17-36 through a firm, corporation, professional corporation, 17-37 partnership, association, or other entity offering 17-38 engineering services to the public or by a firm, 17-39 corporation, professional corporation, partnership, 17-40 association, or other entity offering engineering services 17-41 to the public through individual registered professional 17-42 engineers as agents, employees, officers, members, or 17-43 partners is permitted subject to the provisions of this 17-44 chapter; provided, however, that one or more of the -17- (Index) LC 16 4117 18- 1 principals, officers, members, or partners of said firm, 18- 2 corporation, professional corporation, partnership, 18- 3 association, or other entity and all personnel of such 18- 4 firm, corporation, partnership, association, or entity who 18- 5 act in its behalf as professional engineers in this state 18- 6 shall be registered as provided in this chapter; and 18- 7 further provided that said firm, corporation, professional 18- 8 corporation, partnership, association, or entity has been 18- 9 issued a certificate of authorization by the board as 18-10 provided in this chapter. 18-11 (b) A firm, corporation, professional corporation, 18-12 partnership, association, or other entity desiring a 18-13 certificate of authorization shall file with the board an 18-14 application upon a form to be prescribed by the board and 18-15 accompanied by the registration fee prescribed by the 18-16 board. 18-17 (c)(1) A corporation or professional corporation shall 18-18 file with the board, using a form provided by the board, 18-19 the names and addresses of all officers and board 18-20 members of the corporation, including the principal 18-21 officer or officers duly registered to practice 18-22 professional engineering in this state and of an 18-23 individual or individuals duly registered to practice 18-24 professional engineering within this state who shall be 18-25 in responsible charge of the practice of professional 18-26 engineering in this state by said corporation. 18-27 (2) A partnership shall file with the board, using a 18-28 form provided by the board, the names and addresses of 18-29 all partners of the partnership, including the partner 18-30 or partners duly registered to practice professional 18-31 engineering in this state and of an individual or 18-32 individuals duly registered to practice professional 18-33 engineering in this state who shall be in responsible 18-34 charge of the practice of professional engineering in 18-35 this state by said partnership. 18-36 (3) Any firm, limited liability company, association, or 18-37 entity which is not a corporation, professional 18-38 corporation, or partnership shall file with the board, 18-39 using a form provided by the board, the names and 18-40 addresses of all principals or members of the firm, 18-41 association, or entity duly registered to practice 18-42 professional engineering in this state who shall be in 18-43 responsible charge of the practice of professional -18- (Index) LC 16 4117 19- 1 engineering in this state by said firm, association, or 19- 2 other entity. 19- 3 (4) The forms provided in paragraphs (1) through (3) of 19- 4 this subsection must accompany a biennial renewal fee 19- 5 prescribed by the board. In the event there shall be a 19- 6 change in any of these persons, such change shall be 19- 7 designated on the same form and filed with the board by 19- 8 the firm, corporation, professional corporation, 19- 9 partnership, association, or entity within 30 days after 19-10 the effective date of the change. 19-11 (d)(1) After all of the requirements of this Code 19-12 section have been complied with, the board shall issue 19-13 to such firm, corporation, professional corporation, 19-14 partnership, association, or other entity a certificate 19-15 of authorization. 19-16 (2) The board may refuse to issue a certificate if any 19-17 facts exist which would entitle the board to suspend or 19-18 revoke an existing certificate or if the board shall 19-19 determine that any of the officers, directors, 19-20 principals, members, agents, or employees of the entity 19-21 to be licensed are not persons of good character. 19-22 43-15-23.1. 19-23 (a) The practice of or offer to practice land surveying, 19-24 as defined in this chapter, by individual land surveyors 19-25 registered under this chapter through a firm, corporation, 19-26 professional corporation, partnership, association, or 19-27 other entity offering land surveying services to the 19-28 public or by a firm, corporation, professional 19-29 corporation, partnership, association, or other entity 19-30 offering land surveying services to the public through 19-31 individual registered land surveyors as agents, employees, 19-32 officers, members, or partners is permitted subject to the 19-33 provisions of this chapter; provided, however, that one or 19-34 more of the principals, officers, members, or partners of 19-35 said firm, corporation, professional corporation, 19-36 partnership, association, or other entity and all 19-37 personnel of such firm, corporation, professional 19-38 corporation, partnership, association, or entity who act 19-39 in its behalf as land surveyors in this state shall be 19-40 registered as provided in this chapter; and further 19-41 provided that said firm, corporation, professional 19-42 corporation, partnership, association, or entity has been -19- (Index) LC 16 4117 20- 1 issued a certificate of authorization by the board as 20- 2 provided in this chapter. 20- 3 (b) A firm, corporation, professional corporation, 20- 4 partnership, association, or other entity desiring a 20- 5 certificate of authorization shall file with the board an 20- 6 application upon a form to be prescribed by the board and 20- 7 accompanied by the registration fee prescribed by the 20- 8 board. 20- 9 (c)(1) A corporation or professional corporation shall 20-10 file with the board, using a form provided by the board, 20-11 the names and addresses of all officers and board 20-12 members of the corporation, including the principal 20-13 officer or officers duly registered to practice land 20-14 surveying in this state and of an individual or 20-15 individuals duly registered to practice land surveying 20-16 within this state who shall be in responsible charge of 20-17 the practice of land surveying in this state by said 20-18 corporation. 20-19 (2) A partnership shall file with the board, using a 20-20 form provided by the board, the names and addresses of 20-21 all partners of the partnership, including the partner 20-22 or partners duly registered to practice land surveying 20-23 in this state and of an individual or individuals duly 20-24 registered to practice land surveying in this state who 20-25 shall be in responsible charge of the practice of land 20-26 surveying in this state by said partnership. 20-27 (3) Any firm, limited liability company, association, or 20-28 entity which is not a corporation, professional 20-29 corporation, or partnership shall file with the board, 20-30 using a form provided by the board, the names and 20-31 addresses of all principals or members of the firm, 20-32 association, or entity duly registered to practice land 20-33 surveying in this state who shall be in responsible 20-34 charge of the practice of land surveying in this state 20-35 by said firm, association, or other entity. 20-36 (4) The forms provided in paragraphs (1) through (3) of 20-37 this subsection must accompany a biennial renewal fee 20-38 prescribed by the board. In the event there shall be a 20-39 change in any of these persons, such change shall be 20-40 designated on the same form and filed with the board by 20-41 the firm, corporation, professional corporation, 20-42 partnership, association, or entity within 30 days after 20-43 the effective date of the change. -20- (Index) LC 16 4117 21- 1 (d)(1) After all of the requirements of this Code 21- 2 section have been complied with, the board shall issue 21- 3 to such firm, corporation, professional corporation, 21- 4 partnership, association, or other entity a certificate 21- 5 of authorization. 21- 6 (2) The board may refuse to issue a certificate if any 21- 7 facts exist which would entitle the board to suspend or 21- 8 revoke an existing certificate or if the board shall 21- 9 determine that any of the officers, directors, 21-10 principals, members, agents, or employees of the entity 21-11 to be licensed are not persons of good character. 21-12 (3) Every firm, partnership, corporation, or other 21-13 entity which performs or offers to perform surveying 21-14 services shall have a resident registered land surveyor 21-15 in responsible charge in each separate branch office in 21-16 which surveying services are performed or offered to be 21-17 performed. A resident means a registrant who spends the 21-18 majority of his or her normal working time at his or her 21-19 place of business. The registrant can be the resident 21-20 licensee at only one place of business at one time. 21-21 43-15-2443-15-22. 21-22 (a) It shall be unlawful for this state or any of its 21-23 political subdivisions such as a county, municipality, or 21-24 school district, or agencies thereof, or for any private 21-25 or commercial entity to engage in the construction of any 21-26 work or structures involving professional engineering 21-27 which by the nature of their function or existence could 21-28 adversely affect or jeopardize the health, safety, or 21-29 welfare of the public unless the plans and specifications 21-30 have been prepared under the direct supervision or review 21-31 of and bear the seal of, and the construction is executed 21-32 under the direct supervision of or review by, a registered 21-33 professional engineer or architect. 21-34 (b) Nothing in this Code section shall be held to apply to 21-35 any construction, including alterations, of which the 21-36 completed cost is less than $100,000.00 or which is used 21-37 exclusively for private or noncommercial purposes, or to 21-38 private residences, or to noncommercial farm buildings, or 21-39 to residence buildings not exceeding two stories in 21-40 height, excluding basements. 21-41 (c) Any county, municipality, or other governing body in 21-42 this state that issues building permits is required to 21-43 maintain a permanent record of the permit application and -21- (Index) LC 16 4117 22- 1 issuance thereon, which record shall indicate the name of 22- 2 the professional engineer or architect, if any, that has 22- 3 sealed the plans, specifications, plats, or reports 22- 4 pursuant to which said building permit is issued, said 22- 5 record to include details on the size, type of building or 22- 6 structure, use for said building or structure, and 22- 7 estimated cost of construction. 22- 8 43-15-2543-15-23. 22- 9 (a) Any person may prefer charges of fraud, deceit, gross 22-10 negligence, incompetency, or unprofessional conduct 22-11 against any person holding a certificate or certificate of 22-12 registration. Such charges shall be in writing, shall be 22-13 sworn to by the person making them, and shall be filed 22-14 with the board. 22-15 (b) All such charges, unless dismissed by the board as 22-16 unfounded or trivial, shall be acted upon by the board. 22-17 43-15-2643-15-24. 22-18 (a) After notice and hearing, the board may issue an order 22-19 prohibiting any person from violating Code Section 22-20 43-15-7. 22-21 (b) The violation of any order of the board issued under 22-22 subsection (a) of this Code section shall subject the 22-23 person violating the order to a civil penalty not in 22-24 excess of $100.00 for each transaction constituting a 22-25 violation thereof. The board may maintain an action in the 22-26 superior courts of this state in its own name to recover 22-27 such penalties. 22-28 43-15-2743-15-25. 22-29 (a) It shall be the duty of all duly constituted law 22-30 enforcement officers of this state and of the political 22-31 subdivisions of this state to enforce this chapter and to 22-32 prosecute any person violating this chapter. 22-33 (b) The Attorney General or his or her designated 22-34 assistant shall act as legal adviser to the board and 22-35 render such legal assistance as may be necessary in 22-36 carrying out this chapter. 22-37 (c) Except as provided in Code Section 25-2-14, it shall 22-38 be the duty of all public officials charged with the 22-39 responsibility of enforcing codes related to construction 22-40 to require compliance with Code Section 43-15-24 43-15-22 22-41 before engineering plans, drawings, and specifications are -22- (Index) LC 16 4117 23- 1 approved by construction. Except as provided in Code 23- 2 Section 25-2-14, no construction which is subject to Code 23- 3 Section 43-15-24 43-15-22 and which requires the service 23- 4 of an engineer shall be built without such approval prior 23- 5 to construction. 23- 6 43-15-2843-15-26. 23- 7 The board shall exercise the powers and duties conferred 23- 8 upon it in accordance with Chapter 13 of Title 50, the 23- 9 'Georgia Administrative Procedure Act.' 23-10 43-15-2943-15-27. 23-11 (a) Nothing in this chapter shall be construed as 23-12 excluding a qualified architect registered in this state 23-13 from such engineering practice as may be incident to the 23-14 practice of his or her profession or as excluding a 23-15 professional engineer from such architectural practice as 23-16 may be incident to the practice of professional 23-17 engineering. 23-18 (b) The following persons shall be exempt from this 23-19 chapter: 23-20 (1) A person working as an employee or a subordinate of 23-21 a person holding a certificate of registration under 23-22 this chapter or an employee of a person practicing 23-23 lawfully under Code Section 43-15-21 43-15-19, provided 23-24 such work does not include final design decisions and is 23-25 done under the supervision of, and responsibility 23-26 therefor is assumed by, a person holding a certificate 23-27 of registration under this chapter or a person 23-28 practicing lawfully under Code Section 43-15-21 23-29 43-15-19; 23-30 (2) Officers and employees of the government of the 23-31 United States while engaged within this state in the 23-32 practice of professional engineering or land surveying 23-33 for such government; 23-34 (3) All elective officers of the political subdivision 23-35 of the state while in the practice of professional 23-36 engineering or land surveying in the performance of 23-37 their official duties; and 23-38 (4) Officers and employees of the Department of 23-39 Transportation, except as required by Title 46, while 23-40 engaged within this state in the practice of -23- (Index) LC 16 4117 24- 1 professional engineering or land surveying for such 24- 2 department. 24- 3 (c) This chapter shall not be construed as requiring 24- 4 registration for the purpose of practicing professional 24- 5 engineering or land surveying by an individual, firm, or 24- 6 corporation on property owned or leased by such 24- 7 individual, firm, or corporation unless the same involves 24- 8 the public safety or public health or for the performance 24- 9 of engineering which relates solely to the design or 24-10 fabrication of manufactured products. 24-11 (d) This chapter shall not be construed to prevent or 24-12 affect the practice of professional engineering and land 24-13 surveying with respect to utility facilities by any public 24-14 utility subject to regulation by the Public Service 24-15 Commission, the Federal Communications Commission, the 24-16 Federal Power Commission, or like regulatory agencies, 24-17 including its parents, affiliates, or subsidiaries; or by 24-18 the officers and full-time permanent employees of any such 24-19 public utility, including its parents, affiliates, or 24-20 subsidiaries, except where such practice involves property 24-21 lines of adjoining property owners, provided that this 24-22 exception does not extend to any professional engineer or 24-23 land surveyor engaged in the practice of professional 24-24 engineering or land surveying whose compensation is based 24-25 in whole or in part on a fee or to any engineering 24-26 services performed by the above-referenced utility 24-27 companies not directly connected with work on their 24-28 facilities. 24-29 (e) This chapter shall not be construed to affect the 24-30 lawful practice of a person acting within the scope of a 24-31 license granted by the state under any other law. 24-32 43-15-3043-15-28. 24-33 (a) Any person who violates Code Section 43-15-7 shall be 24-34 guilty of a misdemeanor. 24-35 (b) Any person presenting or attempting to use as his or 24-36 her own the certificate of registration or the seal of 24-37 another obtained under this chapter shall be guilty of a 24-38 misdemeanor. 24-39 (c) Any person who gives any false or forged evidence of 24-40 any kind to the board or to any member thereof in 24-41 obtaining a certificate or certificate of registration 24-42 shall be guilty of a misdemeanor. -24- (Index) LC 16 4117 25- 1 (d) Any person who falsely impersonates any other 25- 2 registrant or any person who attempts to use an expired or 25- 3 revoked certificate of registration shall be guilty of a 25- 4 misdemeanor. 25- 5 (e) Each day or occurrence shall be considered a separate 25- 6 offense. 25- 7 (f) Any person offering services to the public who uses by 25- 8 name, verbal claim, sign, advertisement, directory 25- 9 listing, or letterhead the words 'Engineer,' 'Engineers,' 25-10 'Professional Engineering,' 'Engineering,' or 'Engineered' 25-11 shall be guilty of a misdemeanor unless said person has 25-12 complied with the provisions of this chapter." SECTION 2. 25-13 Said title is further amended by adding between Chapters 22 25-14 and 23 a new Chapter 22A to read as follows: "CHAPTER 22A 25-15 43-22A-1. (Index) 25-16 This chapter is enacted to safeguard life, health, and 25-17 property and to promote the public welfare. 25-18 43-22A-2. (Index) 25-19 As used in this chapter, the term: 25-20 (1) 'Board' means the State Board of Registration for 25-21 Land Surveyors. 25-22 (2) 'Certificate' means any certificate issued under 25-23 Code Section 43-22A-8. 25-24 (3) 'Certificate of registration' means any certificate 25-25 issued under Code Section 43-22A-9. 25-26 (4) 'Current certificate of registration' means a 25-27 certificate of registration which has not expired or 25-28 been revoked and the rights under which have not been 25-29 suspended or otherwise restricted by the board. 25-30 (5) 'Land surveying' means any service, work, or 25-31 practice, the adequate performance of which requires the 25-32 application of special knowledge of the principles of 25-33 mathematics, the related physical and applied sciences, 25-34 and the requirements of relevant law in the evaluation 25-35 and location of property rights, as applied to: -25- (Index) LC 16 4117 26- 1 (A) Measuring and locating lines, angles, elevations, 26- 2 natural and manmade features in the air, on the 26- 3 surface of the earth, in underground works, and on the 26- 4 beds of bodies of water, for the purpose of 26- 5 determining and reporting positions, topography, 26- 6 areas, and volumes; 26- 7 (B) Establishing or reestablishing, locating or 26- 8 relocating, or setting or resetting of monumentation 26- 9 for any property, easement, or right of way 26-10 boundaries, or the boundary of any estate or interest 26-11 therein; 26-12 (C) The platting and layout of lands and subdivisions 26-13 thereof, including alignment and grades of streets and 26-14 roads, excluding thoroughfares; 26-15 (D) The platting and layout, incidental to 26-16 subdivisions, of grading, erosion control, storm 26-17 drainage pipes and culverts, and water distribution or 26-18 gravity sanitary collection sewer extensions therein, 26-19 provided that the design and installation of such 26-20 water distribution or gravity sanitary sewer 26-21 extensions shall conform to local ordinances and 26-22 regulations and shall be subjected to the review and 26-23 approval of the local government or its engineer; 26-24 (E) Conducting horizontal and vertical control 26-25 surveys, layout or stake-out of proposed construction, 26-26 or the preparation of as-built surveys which relate to 26-27 property, easement, or right of way boundaries; 26-28 (F) Utilization of measurement devices or systems, 26-29 such as aerial photogrammetry, geodetic positioning 26-30 systems, land information systems, or similar 26-31 technology for evaluation or location of property, 26-32 easement, or right of way boundaries; or 26-33 (G) The preparation and perpetuation of maps, record 26-34 plats, drawings, exhibits, field notes, or property 26-35 descriptions representing these services. 26-36 (6) 'Land surveyor' means an individual who is qualified 26-37 to engage in the practice of land surveying and who 26-38 possesses a current certificate of registration as a 26-39 land surveyor issued by the State Board of Registration 26-40 for Professional Engineers and Land Surveyors prior to 26-41 January 1, 1996, and issued by the State Board of 26-42 Registration for Land Surveyors effective on and after -26- (Index) LC 16 4117 27- 1 January 1, 1996. A person shall be construed to 27- 2 practice or offer to practice land surveying within the 27- 3 meaning of this chapter who by verbal claim, sign, 27- 4 advertisement, letterhead, cards, or in any other way 27- 5 represents or holds himself or herself out as able or 27- 6 qualified to perform or who does perform any of the 27- 7 services defined as land surveying. 27- 8 (7) 'Land surveyor-in-training' means an individual who 27- 9 meets the qualifications for and to whom the board has 27-10 duly issued a certificate as a land 27-11 surveyor-in-training. 27-12 (8) 'Person' means an individual and any legal or 27-13 commercial entity, including, by way of illustration and 27-14 not limitation, a partnership, corporation, association, 27-15 or governmental agency. 27-16 43-22A-3. (Index) 27-17 (a) A State Board of Registration for Land Surveyors is 27-18 created whose duty it shall be to administer this chapter. 27-19 (b) The board shall consist of four land surveyors and a 27-20 member appointed from the public at large who has no 27-21 connection with the profession of land surveying, all of 27-22 whom shall be appointed by the Governor for a term of five 27-23 years; provided, however, that with respect to the initial 27-24 members of the board, the two land surveyors who 27-25 previously served on the State Board of Registration for 27-26 Professional Engineers and Land Surveyors shall be members 27-27 of the new board and shall serve for a term of five years. 27-28 The Governor shall appoint the other two members who shall 27-29 be land surveyors and the member from the public at large. 27-30 Each member of the board shall be a citizen of the United 27-31 States and a resident of this state. 27-32 (c) Each member shall hold office until his or her 27-33 successor has been duly appointed and qualified. All 27-34 successors shall be appointed in the same manner as the 27-35 original appointment. 27-36 (d) A vacancy on the membership of the board shall be 27-37 filled by appointment by the Governor, in the same manner 27-38 as the original appointment to the position vacated, for 27-39 the unexpired term. 27-40 (e) Land surveyors appointed to the board shall have been 27-41 engaged in the practice of land surveying for at least 12 27-42 years and shall have been in responsible charge of -27- (Index) LC 16 4117 28- 1 important land surveying work for at least five years. 28- 2 Responsible charge of engineering or land surveying 28- 3 teaching may be construed as responsible charge of 28- 4 important land surveying work. 28- 5 (f) Each member of the board shall be reimbursed as 28- 6 provided for in subsection (f) of Code Section 43-1-2. 28- 7 (g) The Governor may remove any member of the board for 28- 8 misconduct, incompetency, neglect of duty, or for any 28- 9 other sufficient and just cause. 28-10 43-22A-4. (Index) 28-11 (a) The board shall adopt all necessary rules, 28-12 regulations, and bylaws, not inconsistent with this 28-13 chapter and the Constitution and laws of this state or of 28-14 the United States, to govern its times and place of 28-15 meetings for organization and reorganization, for the 28-16 holding of examinations, for fixing the length of terms of 28-17 its officers, and for governing all other matters 28-18 requisite to the exercise of its powers, the performance 28-19 of its duties, and the transaction of its businesses. The 28-20 board shall adopt an official seal. 28-21 (b) The board shall meet at such times as the business of 28-22 the board shall require, as the board or its chairperson 28-23 may determine, but shall hold one annual meeting each year 28-24 at which time the board shall elect a chairperson and a 28-25 vice chairperson. 28-26 (c) The board shall be assigned to the office of the 28-27 joint-secretary for those purposes described in Chapter 1 28-28 of this title. 28-29 43-22A-5. (Index) 28-30 The board shall keep records of its proceedings. 28-31 43-22A-6. (Index) 28-32 In carrying out this chapter, in addition to other powers 28-33 conferred upon it under this chapter, the board shall have 28-34 the power: 28-35 (1) To adopt and enforce regulations implementing this 28-36 chapter, including regulations governing the 28-37 professional conduct of those individuals registered by 28-38 it; 28-39 (2) Under the hand of its chairperson or his or her 28-40 delegate and the seal of the board, to subpoena -28- (Index) LC 16 4117 29- 1 witnesses and compel their attendance and to require 29- 2 thereby the production of books, papers, documents, and 29- 3 other things relevant to such investigation in order to 29- 4 investigate conduct subject to regulation by the board; 29- 5 the chairperson or the member of the board who is his or 29- 6 her delegate may administer oaths to witnesses appearing 29- 7 before the board; and the board may secure the 29- 8 enforcement of its subpoenas in the manner provided by 29- 9 Chapter 13 of Title 50, the 'Georgia Administrative 29-10 Procedure Act'; and 29-11 (3) To maintain in its name an action for injunctive or 29-12 other appropriate legal or equitable relief to remedy 29-13 violations of this chapter and, in pursuing equitable 29-14 remedies, it shall not be necessary that the board 29-15 allege or prove that it has no adequate remedy at law. 29-16 43-22A-7. (Index) 29-17 It shall be unlawful for any person other than a land 29-18 surveyor to practice or to offer to practice land 29-19 surveying in this state. 29-20 43-22A-8. (Index) 29-21 To be eligible for certification as a land 29-22 surveyor-in-training, an applicant must meet the following 29-23 minimum requirements: 29-24 (1)(A) Earn a bachelor's degree in a curriculum 29-25 approved by the board; or 29-26 (B) Earn an associate degree, or its equivalent, in a 29-27 curriculum approved by the board and acquire not less 29-28 than two years of combined office and field experience 29-29 in land surveying of a nature satisfactory to the 29-30 board; or 29-31 (C) Earn a high school diploma, or its equivalent and 29-32 acquire not less than four years' experience in land 29-33 surveying of a nature satisfactory to the board; and 29-34 (2) Acquire a minimum of 15 quarter hours' credit, or 29-35 its equivalent, in land surveying subjects in a course 29-36 of study approved by the board; provided, however, that 29-37 on and after January 1, 1996, the minimum requirement 29-38 shall be 20 quarter hours' credit, five of which shall 29-39 be in hydrology; and -29- (Index) LC 16 4117 30- 1 (3) Subsequently pass the board's written examination in 30- 2 the fundamentals of land surveying (land 30- 3 surveyor-in-training examination). 30- 4 43-22A-9. (Index) 30- 5 (a) On and after January 1, 1996, to be eligible for a 30- 6 certificate of registration as a land surveyor, an 30- 7 applicant must meet the following minimum requirements: 30- 8 (1)(A) Obtain certification as a land 30- 9 surveyor-in-training under subparagraph (A) of 30-10 paragraph (1) and paragraph (3) of Code Section 30-11 43-22A-8; 30-12 (B) Acquire a specific record of the equivalent of not 30-13 less than four years of combined office and field 30-14 experience in land surveying with a minimum of three 30-15 years' experience in responsible charge of land 30-16 surveying projects under the supervision of a 30-17 registered land surveyor or such other supervision 30-18 deemed by the board to be the equivalent thereof; and 30-19 (C) Except as provided in subsection (b) of this Code 30-20 section, subsequently pass a written examination on 30-21 the principles and practices of land surveying and the 30-22 laws of this state relating to land surveying (land 30-23 surveyor's examination); or 30-24 (2)(A) Obtain certification as a land 30-25 surveyor-in-training under subparagraph (B) of 30-26 paragraph (1) and paragraph (3) of Code Section 30-27 43-22A-8; 30-28 (B) Acquire an additional specific record of the 30-29 equivalent of not less than four years of combined 30-30 office and field experience in land surveying which, 30-31 together with the qualifying experience under 30-32 subparagraph (B) of paragraph (1) of Code Section 30-33 43-22A-8, includes not less than four years' 30-34 experience in responsible charge of land surveying 30-35 projects under the supervision of a registered land 30-36 surveyor or such other supervision deemed by the board 30-37 to be the equivalent thereof; and 30-38 (C) Except as provided in subsection (b) of this Code 30-39 section, subsequently pass a written examination on 30-40 the principles and practices of land surveying and the 30-41 laws of Georgia relating to land surveying (land 30-42 surveyor's examination); or -30- (Index) LC 16 4117 31- 1 (3)(A) Obtain certification as a land 31- 2 surveyor-in-training under subparagraph (C) of 31- 3 paragraph (1) and paragraph (3) of Code Section 31- 4 43-22A-8; 31- 5 (B) Acquire an additional specific record of not less 31- 6 than four years of experience in land surveying which, 31- 7 together with the qualifying experience under 31- 8 subparagraph (C) of paragraph (1) of Code Section 31- 9 43-22A-8, includes not less than six years' experience 31-10 in responsible charge of land surveying under the 31-11 supervision of a registered land surveyor or such 31-12 other supervision deemed by the board to be the 31-13 equivalent thereof and of a grade and character 31-14 satisfactory to the board indicating that the 31-15 applicant is competent to practice land surveying; and 31-16 (C) Except as provided in subsection (b) of this Code 31-17 section, subsequently pass a written examination on 31-18 the principles and practices of land surveying and 31-19 laws of this state relating to land surveying (land 31-20 surveyor's examination). 31-21 (b) An applicant who has a valid certificate of 31-22 registration as a land surveyor issued by the State Board 31-23 of Registration for Professional Engineers and Land 31-24 Surveyors as of June 30, 1995, may apply and qualify for a 31-25 certificate of registration as a land surveyor under this 31-26 chapter without examination, provided that such 31-27 application is made prior to January 1, 1996. 31-28 43-22A-10. (Index) 31-29 Board approval of an applicant for examination entitles 31-30 the applicant to admission to the next four consecutive 31-31 examination offerings without reapplication. Following the 31-32 first offering to which the applicant is entitled to 31-33 admission, the applicant shall not be admitted to any of 31-34 the succeeding three examination offerings except upon 31-35 payment of a fee for each examination, to be determined by 31-36 the board. Admission to any future examinations will be at 31-37 the discretion of the board which may require the 31-38 applicant to file a new application. An examination 31-39 offering occurs regardless of whether the applicant 31-40 attends. -31- (Index) LC 16 4117 32- 1 43-22A-11. (Index) 32- 2 (a) Applications for certificates and for certificates of 32- 3 registration shall be made under oath to the board and 32- 4 shall contain such information in the form and manner as 32- 5 shall be prescribed by the board. The application shall 32- 6 be accompanied by a fee in an amount prescribed by the 32- 7 board. 32- 8 (b) No individual shall be eligible for a certificate or a 32- 9 certificate of registration under this chapter who is not 32-10 of good character and reputation. 32-11 (c) If the board denies an application on the ground that 32-12 the applicant lacks the requisite experience for admission 32-13 to the examination, the board may impose on the applicant 32-14 a period of deferment on the filing of a new application, 32-15 during which period the board shall not be required to 32-16 accept for filing a new application by the applicant. The 32-17 period of deferment shall not exceed the time reasonably 32-18 required to acquire the requisite experience. 32-19 (d) An application shall contain the names of not less 32-20 than five persons, not related to the applicant by blood 32-21 or marriage, of whom at least three shall be land 32-22 surveyors having personal knowledge of the experience on 32-23 which the applicant predicates his or her qualifications. 32-24 (e) Experience required under this chapter shall be of a 32-25 character and nature approved by the board and consistent 32-26 with the purposes of this chapter. 32-27 43-22A-12. (Index) 32-28 The board may, in its discretion, upon application 32-29 therefor and the payment of a fee prescribed by the board, 32-30 issue a certificate of registration as a land surveyor to 32-31 any person who holds a certificate of registration to 32-32 practice land surveying issued by a state or territory or 32-33 possession of the United States obtained under 32-34 qualifications comparable to those prescribed by this 32-35 chapter and, in addition passes a written examination on 32-36 the laws of Georgia relating to land surveying (land 32-37 surveyor's examination). 32-38 43-22A-13. (Index) 32-39 (a) Certificates and certificates of registration shall be 32-40 issued to applicants who successfully complete the -32- (Index) LC 16 4117 33- 1 requirements therefor and upon the payment of fees 33- 2 prescribed by the board. 33- 3 (b) Certificates of registration shall be renewable 33- 4 biennially. Renewal may be effected for the succeeding two 33- 5 years by the payment of the fee prescribed by the board. 33- 6 Certificates of registration may be renewed subsequent to 33- 7 their expiration upon the payment of accumulated unpaid 33- 8 fees and of a penalty in an amount to be determined by the 33- 9 board. A certificate of registration which has been 33-10 expired for a period of greater than four years shall be 33-11 automatically revoked. 33-12 (c) The joint-secretary shall give notice by mail to each 33-13 person holding a certificate of registration under this 33-14 chapter of the date of the expiration of the certificate 33-15 of registration and the amount of the fee required for 33-16 renewal, at least one month prior to the expiration date; 33-17 but the failure to receive such notice shall not avoid the 33-18 expiration of any certificate of registration not renewed 33-19 in accordance with this Code section. 33-20 43-22A-14. (Index) 33-21 (a) The certificate of registration shall authorize the 33-22 practice of land surveying. A certificate of registration 33-23 shall show the full name of the registrant, shall have a 33-24 serial number, and shall be signed by the chairperson of 33-25 the board and the joint-secretary under the seal of the 33-26 board. 33-27 (b) The issuance of a certificate of registration by the 33-28 board shall be evidence that the person named therein is 33-29 entitled to all the rights and privileges of a registered 33-30 land surveyor, as long as the certificate remains 33-31 unrevoked, unexpired, or unaffected by other discipline 33-32 imposed by the board. 33-33 43-22A-15. (Index) 33-34 (a) The board shall have the power, after notice and 33-35 hearing, to deny any application made to it, to revoke or 33-36 suspend any certificate or certificate of registration 33-37 issued by it, or to reprimand any person holding a 33-38 certificate or certificate of registration issued by it, 33-39 upon the following grounds: 33-40 (1) Commission of any fraud or deceit in obtaining a 33-41 certificate or certificate of registration; -33- (Index) LC 16 4117 34- 1 (2) Any gross negligence, incompetency, or 34- 2 unprofessional conduct in the practice of land surveying 34- 3 as a registered land surveyor; 34- 4 (3) Affixing a seal to any plan, specification, plat, or 34- 5 report contrary to Code Section 43-22A-17; 34- 6 (4) Conviction of a felony or crime involving moral 34- 7 turpitude in the courts of this state, the United 34- 8 States, or of any state or territory of the United 34- 9 States or the conviction of an offense in another 34-10 jurisdiction which, if committed in this state, would be 34-11 deemed a felony. 'Conviction' shall include a finding or 34-12 verdict of guilt, a plea of guilty, or a plea of nolo 34-13 contendere in a criminal proceeding, regardless of 34-14 whether the adjudication of guilt or sentence is 34-15 withheld or not entered thereon pursuant to Article 3 of 34-16 Chapter 8 of Title 42 or any comparable rule or statute; 34-17 or 34-18 (5) Any violation of this chapter or any rule or 34-19 regulation promulgated by the board pursuant to the 34-20 powers conferred on it by this chapter. 34-21 (b) 'Unprofessional conduct,' as referred to in paragraph 34-22 (2) of subsection (a) of this Code section, includes a 34-23 violation of those standards of professional conduct for 34-24 land surveyors adopted by the board pursuant to the power 34-25 conferred upon it to promulgate rules and regulations to 34-26 effectuate the duties and powers conferred on it by this 34-27 chapter. 34-28 43-22A-16. (Index) 34-29 (a) The board, in its sole discretion, may reissue a 34-30 certificate or a certificate of registration to any person 34-31 whose certificate or certificate of registration has been 34-32 revoked or may terminate any suspension imposed by it upon 34-33 the affirmative vote of a majority of the members of the 34-34 board and upon the payment of a fee prescribed by the 34-35 board. 34-36 (b) A new certificate or certificate of registration to 34-37 replace any certificate lost, destroyed, or mutilated may 34-38 be issued subject to the rules of the board upon the 34-39 payment of a fee prescribed by the board. -34- (Index) LC 16 4117 35- 1 43-22A-17. (Index) 35- 2 (a) Every land surveyor registered under this chapter 35- 3 shall, upon receipt of a certificate of registration, 35- 4 obtain a seal of the design authorized by the board, 35- 5 bearing the registrant's name, certificate number, and the 35- 6 legend 'Registered Land Surveyor,' in accordance with the 35- 7 certificate of registration. 35- 8 (b) Plans, specifications, plats, and reports issued by a 35- 9 registrant shall be stamped or sealed and countersigned by 35-10 the registrant; but it shall be unlawful for the 35-11 registrant or any other person to stamp or seal any 35-12 document with such seal after the certificate of the 35-13 registrant named thereon has expired, or has been revoked, 35-14 or during the period of any suspension imposed by the 35-15 board. No plans, specifications, plats, or reports shall 35-16 be stamped with the seal of a registrant unless such 35-17 registrant has personally performed the land surveying 35-18 work involved or, when the registrant has not personally 35-19 performed the land surveying work reflected in any plan, 35-20 specification, plat, or report, such registrant has 35-21 affixed his or her seal thereto only if such document has 35-22 been prepared by an employee or employees under the 35-23 registrant's direct supervisory control on a daily basis 35-24 and after the registrant has thoroughly reviewed the work 35-25 embodied in such document and has satisfied himself or 35-26 herself completely that such work is adequate. 35-27 (c) No registrant shall affix his or her seal to any plan, 35-28 specification, plat, or report unless he or she has 35-29 assumed the responsibility for the accuracy and adequacy 35-30 of the work involved. 35-31 (d) Any registrant who has affixed his or her seal to any 35-32 plan, specification, plat, or report prepared by another 35-33 person not under the registrant's direct supervisory 35-34 control on a daily basis, and without having thoroughly 35-35 reviewed such work, shall be deemed to have committed a 35-36 fraudulent act of misconduct in the practice of land 35-37 surveying. 35-38 43-22A-18. (Index) 35-39 (a) The practice of or offer to practice land surveying, 35-40 as defined in this chapter, by individual land surveyors 35-41 registered under this chapter through a firm, corporation, 35-42 professional corporation, partnership, association, or 35-43 other entity offering land surveying services to the -35- (Index) LC 16 4117 36- 1 public or by a firm, corporation, professional 36- 2 corporation, partnership, association, or other entity 36- 3 offering land surveying services to the public through 36- 4 individual registered land surveyors as agents, employees, 36- 5 officers, or partners is permitted subject to the 36- 6 provisions of this chapter; provided, however, that one or 36- 7 more of the principals, officers, or partners of said 36- 8 firm, corporation, professional corporation, partnership, 36- 9 association, or other entity and all personnel of such 36-10 firm, corporation, professional corporation, partnership, 36-11 association, or entity who act in its behalf as land 36-12 surveyors in this state shall be registered as provided in 36-13 this chapter; and further provided that said firm, 36-14 corporation, professional corporation, partnership, 36-15 association, or entity has been issued a certificate of 36-16 authorization by the board as provided in this chapter. 36-17 (b) A firm, corporation, professional corporation, 36-18 partnership, association, or other entity desiring a 36-19 certificate of authorization shall file with the board an 36-20 application upon a form to be prescribed by the board and 36-21 accompanied by the registration fee prescribed by the 36-22 board. 36-23 (c)(1) A corporation or professional corporation shall 36-24 file with the board, using a form provided by the board, 36-25 the names and addresses of all officers and board 36-26 members of the corporation, including the principal 36-27 officer or officers duly registered to practice land 36-28 surveying in this state and of an individual or 36-29 individuals duly registered to practice land surveying 36-30 within this state who shall be in responsible charge of 36-31 the practice of land surveying in this state by said 36-32 corporation. 36-33 (2) A partnership shall file with the board, using a 36-34 form provided by the board, the names and addresses of 36-35 all partners of the partnership, including the partner 36-36 or partners duly registered to practice land surveying 36-37 in this state and of an individual or individuals duly 36-38 registered to practice land surveying in this state who 36-39 shall be in responsible charge of the practice of land 36-40 surveying in this state by said partnership. 36-41 (3) Any firm, association, or entity which is not a 36-42 corporation, professional corporation, or partnership 36-43 shall file with the board, using a form provided by the 36-44 board, the names and addresses of all principals of the -36- (Index) LC 16 4117 37- 1 firm, association, or entity duly registered to practice 37- 2 land surveying in this state who shall be in responsible 37- 3 charge of the practice of land surveying in this state 37- 4 by said firm, association, or other entity. 37- 5 (4) The forms provided in paragraphs (1) through (3) of 37- 6 this subsection must accompany a biennial renewal fee 37- 7 prescribed by the board. In the event there shall be a 37- 8 change in any of these persons, such change shall be 37- 9 designated on the same form and filed with the board by 37-10 the firm, corporation, professional corporation, 37-11 partnership, association, or entity within 30 days after 37-12 the effective date of the change. 37-13 (d)(1) After all of the requirements of this Code 37-14 section have been complied with, the board shall issue 37-15 to such firm, corporation, professional corporation, 37-16 partnership, association, or other entity a certificate 37-17 of authorization. 37-18 (2) The board may refuse to issue a certificate if any 37-19 facts exist which would entitle the board to suspend or 37-20 revoke an existing certificate or if the board shall 37-21 determine that any of the officers, directors, 37-22 principals, agents, or employees of the entity to be 37-23 licensed are not persons of good character. 37-24 (3) Every firm, partnership, corporation, or other 37-25 entity which performs or offers to perform surveying 37-26 services shall have a resident registered land surveyor 37-27 in responsible charge in each separate branch office in 37-28 which surveying services are performed or offered to be 37-29 performed. A resident means a registrant who spends the 37-30 majority of his or her normal working time at his or her 37-31 place of business. The registrant can be the resident 37-32 licensee at only one place of business at one time. 37-33 43-22A-19. (Index) 37-34 (a) Any person may prefer charges of fraud, deceit, gross 37-35 negligence, incompetency, or unprofessional conduct 37-36 against any person holding a certificate or certificate of 37-37 registration. Such charges shall be in writing, shall be 37-38 sworn to by the person making them, and shall be filed 37-39 with the board. 37-40 (b) All such charges, unless dismissed by the board as 37-41 unfounded or trivial, shall be acted upon by the board. -37- (Index) LC 16 4117 38- 1 43-22A-20. (Index) 38- 2 (a) After notice and hearing, the board may issue an order 38- 3 prohibiting any person from violating Code Section 38- 4 43-22A-7. 38- 5 (b) The violation of any order of the board issued under 38- 6 subsection (a) of this Code section shall subject the 38- 7 person violating the order to a civil penalty not in 38- 8 excess of $100.00 for each transaction constituting a 38- 9 violation thereof. The board may maintain an action in the 38-10 superior courts of this state in its own name to recover 38-11 such penalties. 38-12 43-22A-21. (Index) 38-13 (a) It shall be the duty of all duly constituted law 38-14 enforcement officers of this state and of the political 38-15 subdivisions of this state to enforce this chapter and to 38-16 prosecute any person violating this chapter. 38-17 (b) The Attorney General or his or her designated 38-18 assistant shall act as legal adviser to the board and 38-19 render such legal assistance as may be necessary in 38-20 carrying out this chapter. 38-21 43-22A-22. (Index) 38-22 The board shall exercise the powers and duties conferred 38-23 upon it in accordance with Chapter 13 of Title 50, the 38-24 'Georgia Administrative Procedure Act.' 38-25 43-22A-23. (Index) 38-26 (a) The following persons shall be exempt from this 38-27 chapter: 38-28 (1) Officers and employees of the government of the 38-29 United States while engaged within this state in the 38-30 practice of land surveying for such government; 38-31 (2) All elective officers of the political subdivision 38-32 of the state while in the practice of land surveying in 38-33 the performance of their official duties; and 38-34 (3) Officers and employees of the Department of 38-35 Transportation, except as required by Title 46, while 38-36 engaged within this state in the practice of land 38-37 surveying for such department. 38-38 (b) This chapter shall not be construed as requiring 38-39 registration for the purpose of practicing land surveying -38- (Index) LC 16 4117 39- 1 by an individual, firm, or corporation on property owned 39- 2 or leased by such individual, firm, or corporation unless 39- 3 the same involves the public safety or public health. 39- 4 (c) This chapter shall not be construed to prevent or 39- 5 affect the practice of land surveying with respect to 39- 6 utility facilities by any public utility subject to 39- 7 regulation by the Public Service Commission, the Federal 39- 8 Communications Commission, the Federal Power Commission, 39- 9 or like regulatory agencies, including its parents, 39-10 affiliates, or subsidiaries; or by the officers and 39-11 full-time permanent employees of any such public utility, 39-12 including its parents, affiliates, or subsidiaries, except 39-13 where such practice involves property lines of adjoining 39-14 property owners, provided that this exception does not 39-15 extend to any land surveyor engaged in the practice of 39-16 land surveying whose compensation is based in whole or in 39-17 part on a fee. 39-18 (d) This chapter shall not be construed to affect the 39-19 lawful practice of a person acting within the scope of a 39-20 license granted by the state under any other law. 39-21 43-22A-24. (Index) 39-22 (a) Any person who violates Code Section 43-22A-7 shall be 39-23 guilty of a misdemeanor. 39-24 (b) Any person presenting or attempting to use as his or 39-25 her own the certificate of registration or the seal of 39-26 another obtained under this chapter shall be guilty of a 39-27 misdemeanor. 39-28 (c) Any person who gives any false or forged evidence of 39-29 any kind to the board or to any member thereof in 39-30 obtaining a certificate or certificate of registration 39-31 shall be guilty of a misdemeanor. 39-32 (d) Any person who falsely impersonates any other 39-33 registrant or any person who attempts to use an expired or 39-34 revoked certificate of registration shall be guilty of a 39-35 misdemeanor. 39-36 (e) Each day or occurrence shall be considered a separate 39-37 offense." SECTION 3. 39-38 Code Section 34-9-11 of the Official Code of Georgia 39-39 Annotated, relating to the exclusivity of rights and 39-40 remedies granted to an employee under the laws relating to -39- (Index) LC 16 4117 40- 1 workers' compensation, is amended by striking subsection (b) 40- 2 in its entirety and inserting in lieu thereof a new 40- 3 subsection (b) to read as follows: 40- 4 "(b) As used in subsection (a) of this Code section, the 40- 5 term 'construction design professional' means any person 40- 6 who is an architect, professional engineer, landscape 40- 7 architect, geologist, or land surveyor who has been issued 40- 8 a license pursuant to Chapter 4, 15, 19, 22A, or 23 of 40- 9 Title 43 or any corporation organized to render 40-10 professional services in Georgia through the practice of 40-11 one or more such technical professions as architecture, 40-12 professional engineering, landscape architecture, geology, 40-13 or land surveying." SECTION 4. 40-14 Chapter 7 of Title 36 of the Official Code of Georgia 40-15 Annotated, relating to county surveyors, is amended by 40-16 striking in its entirety Code Section 36-7-2, relating to 40-17 the election, commissioning, and qualification of county 40-18 surveyors, and inserting in lieu thereof a new Code Section 40-19 36-7-2 to read as follows: 40-20 "36-7-2. (Index) 40-21 (a) County surveyors shall be elected, commissioned, 40-22 qualified, and removed as are clerks of the superior 40-23 courts and shall hold their offices for four years. 40-24 (b)(1) Every person holding the post of county surveyor 40-25 must be a qualified surveyor, licensed by the State 40-26 Board of Registration for Professional Engineers and 40-27 Land Surveyors, and such person must have successfully 40-28 passed the examination given by the board as a 40-29 prerequisite to the granting of a license as a land 40-30 surveyor; provided, however, that any person holding the 40-31 position of county surveyor on March 7, 1966, whether 40-32 elected or appointed, shall not be required to meet the 40-33 qualifications enumerated in this subsection so long as 40-34 such person remains in the position of county surveyor, 40-35 whether reappointed or reelected to this position. 40-36 (2) Paragraph (1) of this subsection shall not apply to: 40-37 (A) Any county having a population of less than 17,000 40-38 inhabitants according to the United States decennial 40-39 census of 1960 or any future such census; or -40- (Index) LC 16 4117 41- 1 (B) Any person who was holding the position of county 41- 2 surveyor in such a county on January 1, 1977, and who 41- 3 has acted continuously as county surveyor since that 41- 4 date, for as long as such person remains in the 41- 5 position of county surveyor, notwithstanding the fact 41- 6 that the population of the county has grown to exceed 41- 7 17,000. 41- 8 (c) Notwithstanding the provisions of subsection (b) of 41- 9 this Code section or paragraph (3) of subsection (b) of 41-10 Code Section 43-15-29, a county surveyor who is not 41-11 licensed by the State Board of Registration for 41-12 Professional Engineers and Land Surveyors shall only 41-13 practice land surveying for the county and shall not 41-14 engage in the private practice of professional land 41-15 surveying; provided, however, that this subsection shall 41-16 not apply to any county surveyor duly elected and holding 41-17 office on June 30, 1986, so long as said person continues 41-18 to hold the office of county surveyor; provided, however, 41-19 that any county surveyor who has a minimum of four years 41-20 of surveying experience shall be eligible to take the land 41-21 surveyor examination and eligible for certification as a 41-22 land surveyor." SECTION 5. 41-23 Said Chapter 7 is further amended by striking in its 41-24 entirety subsection (a) of Code Section 36-7-13, relating to 41-25 persons who may perform duties of office when there is no 41-26 county surveyor, and inserting in lieu thereof a new 41-27 subsection (a) to read as follows: 41-28 "(a) When there is no county surveyor, any person who is a 41-29 citizen of this state and who holds a current and valid 41-30 certificate of registration as a land surveyor issued by 41-31 the State Board of Registration for Professional Engineers 41-32 and Land Surveyors may perform the duties of county 41-33 surveyor, when specifically required or appointed to do 41-34 so, if first sworn to do the same faithfully and 41-35 impartially, to the best of his or her skill and 41-36 knowledge." SECTION 6. 41-37 Part 3 of Article 8 of Chapter 14 of Title 44 of the 41-38 Official Code of Georgia Annotated, relating to mechanics 41-39 and materialmen liens, is amended by striking in its 41-40 entirety Code Section 44-14-360, relating to definitions 41-41 applicable to mechanics and materialmen liens, and inserting -41- (Index) LC 16 4117 42- 1 in lieu thereof a new Code Section 44-14-360 to read as 42- 2 follows: 42- 3 "44-14-360. (Index) 42- 4 As used in this part, the term: 42- 5 (1) 'Contractor' means a contractor having privity of 42- 6 contract with the owner of the real estate. 42- 7 (2) 'Land surveyor' means the same as the definition 42- 8 thereof in Code Section 43-15-2 43-22A-2. 42- 9 (3) 'Materials,' in addition to including those items 42-10 for which liens are already permitted under this part, 42-11 means tools, appliances, machinery, or equipment used in 42-12 making improvements to the real estate, to the extent of 42-13 the reasonable value or the contracted rental price, 42-14 whichever is greater, of such tools, appliances, 42-15 machinery, or equipment. 42-16 (4) 'Materialmen' means all persons furnishing the 42-17 materials, tools, appliances, machinery, or equipment 42-18 included in the definition of materials in paragraph (3) 42-19 of this Code section. 42-20 (5) 'Professional engineer' means the same as the 42-21 definition thereof in Code Section 43-15-2. 42-22 (6) 'Registered forester' means the same as the 42-23 definition of such term in Code Section 12-6-41. 42-24 (7) 'Registered land surveyors' and 'registered 42-25 professional engineers' means land surveyors or 42-26 professional engineers who are registered as land 42-27 surveyors or professional engineers under Chapter 22A or 42-28 Chapter 15, respectively, of Title 43 at the time of 42-29 performing, rendering, or furnishing services protected 42-30 under this part. 42-31 (8) 'Residential property' means single-family and 42-32 two-family, three-family, and four-family residential 42-33 real estate. 42-34 (9) 'Subcontractor' means, but is not limited to, 42-35 subcontractors having privity of contract with the 42-36 contractor." SECTION 7. 42-37 Code Section 50-22-2 of the Official Code of Georgia 42-38 Annotated, relating to definitions applicable to managerial -42- (Index) LC 16 4117 43- 1 control over acquisition of professional services, is 43- 2 amended by striking in its entirety subparagraph (C) of 43- 3 paragraph (4) and inserting in lieu thereof a new 43- 4 subparagraph (C) to read as follows: 43- 5 "(C) The practice of land surveying, as defined in 43- 6 paragraph (6) (5) of Code Section 43-15-2 43-22A-2; 43- 7 or". SECTION 8. 43- 8 (a) Except as otherwise provided in subsection (b) of this 43- 9 section, this Act shall become effective July 1, 1995. 43-10 (b) Sections 4 and 5 of this Act shall become effective 43-11 January 1, 1996. SECTION 9. 43-12 All laws and parts of laws in conflict with this Act are 43-13 repealed. -43- (Index)

Office of the Clerk of the House
Robert E. Rivers, Jr., Clerk of the House
Last Updated on 01/02/97