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Vermont Office of Professional Land Surveyors and Engineers
Professional Land Surveyor
Subchapter III. Licenses
§ 2591. Applications
Applications for licensure shall be on forms provided by the board. Each application shall contain a statement under oath showing the applicant's education, land surveying experience and other pertinent information and shall be accompanied by the required fee. (Added 1967, No. 364 (Adj. Sess.), § 13, eff. Jan. 1, 1969; amended 1985, No. 245 (Adj. Sess.), § 1.)
§ 2592. Qualifications
- Any person shall be eligible for licensure as a land surveyor if the person qualifies under one of the following provisions:
- Comity or endorsement. -- A person holding a certificate of registration or a license to engage in the practice of land surveying issued on the basis of an examination, satisfactory to the board, by proper authority of a state, territory or possession of the United States, the District of Columbia, or another country, based on requirements and qualifications shown by the application to be equal to or greater than the requirements of this chapter, in the opinion of the board, may be examined relative to land surveying matters peculiar to Vermont and granted a license at the direction of the board.
- Graduation and examination. -- An applicant who has graduated from a surveying curriculum of four years or more approved by the Accreditation Board for Engineering and Technology (ABET), followed by at least 24 months of experience in land surveying, under the supervision of a land surveyor, and who has passed an examination satisfactory to the board, may be granted a license.
- Education and examination. -- An applicant, who has attended an accredited college or school of higher education, approved by the board, who has satisfactorily completed 30 credit hours of formal instruction in land surveying, followed by at least 36 months of experience in land surveying, under the supervision of a land surveyor, and who has passed an examination satisfactory to the board, may be granted a license.
- Experience and examination. -- An applicant who has completed four or more years of experience in land surveying, under the supervision of a land surveyor, and who has passed an examination which is satisfactory to the board, may be granted a license.
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- Examinations may be taken before the applicant completes the educational and experience requirements established by this chapter, provided that the applicant has completed all but the final year of required practical experience. Notification of the results of such examinations shall be mailed to each candidate within 30 days of the day the results of any national examination are received by the board. A candidate failing to pass the examinations may apply for reexamination under the rules of the board and may sit for reexamination as many times as the candidate chooses to do so. If an applicant does not pass the entire examination, the applicant need not take again any portion of an examination which the applicant previously passed.
- A person who has undertaken work in the office of a land surveyor shall notify the board:
- within six months of commencing work;
- within 30 days of making any change in the person supervising that work; and
- upon 30 days of completing the experience requirements for licensure.
A prospective applicant also may file a notice after completing six or more months of work in the office of one or more surveyors since the last notice. Each notice under this subsection shall be on forms supplied by the director of the office of professional regulation and shall be signed by both the prospective applicant and the supervising land surveyor. The applicant shall certify to the nature of the activities completed during that period. The supervisor shall certify that the report is correct to the best of his or her knowledge. The board may waive the notice requirements of this subsection, giving full or partial credit for experience.
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- Experience claimed by an applicant under a notice received under subsection (c) of this section shall be credited towards the requirements for licensure unless within 15 days following the next board meeting after receiving the notice, the board or a board member designated by the board gives the applicant notice of opportunity for hearing. Following such a hearing, the board may reject some or all of the claimed experience on grounds that it does not comply with the rules of the board.
- License examinations may consist of a national surveying examination selected by the board plus a Vermont portion. The Vermont portion shall be limited to those subjects and skills necessary to perform land surveying.
- The board may conduct a personal interview of an applicant. A personal interview shall be for the limited purposes of assisting the applicant to obtain licensure and to verify the applicant's educational qualifications and that the applicant completed the experience requirements for licensure. A personal interview shall not serve directly or indirectly as an oral examination of the applicant's substantive knowledge of surveying. An interview conducted under this section shall be taped and, at the request of the applicant, shall be transcribed. An applicant who is denied licensure shall be informed in writing of his or her right to have the interview transcribed free of charge. At least one of the public members of the board shall be present at any personal interview.
- When the board intends to deny an application for license, the director of the office of professional regulation shall send the applicant written notice of the decision by certified mail, return receipt requested. The notice shall include a specific statement of the reasons for the action. Within 30 days of the date that an applicant receives such notice, the applicant may file a petition with the board for review of its preliminary decision. At the hearing to review the preliminary decision, the burden shall be on the applicant to show that a license should be issued. After the hearing, the board shall affirm or reverse the preliminary denial. The applicant may appeal a final denial by the board to the appellate officer. (Added 1967, No. 364 (Adj. Sess.), § 14, eff. Jan. 1, 1969; amended 1969, No. 207 (Adj. Sess.), § 10, eff. March 24, 1970; 1971, No. 250 (Adj. Sess.), § 1; 1985, No. 245 (Adj. Sess.), § 1; 1989, No. 250 (Adj. Sess.), § 4(a), (d); 1991, No. 167 (Adj. Sess.), § 38.)
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§ 2593. Corporations, limited liability companies, partnerships, associations; individual proprietorships; liability
- The right to practice land surveying is a personal right based on the qualities of the individual and evidenced by a nontransferable license.
- A corporation, limited liability company, partnership, association, or individual proprietorship may furnish land surveyor services provided a member or employee thereof is a licensed land surveyor and is in responsible charge of such surveys, and provided all land surveys are signed and stamped with the personal seal of the licensed land surveyor in responsible charge.
- A corporation, limited liability company, partnership, association or individual proprietorship with which the land surveyor may practice shall be jointly and severally liable with the land surveyor for work performed. (Added 1967, No. 364 (Adj. Sess.), § 15, eff. Jan. 1, 1969; amended 1985, No. 245 (Adj. Sess.), § 1; 1997, No. 40, § 13.)
§ 2594. Licenses generally
- The board shall issue a license, upon payment of the fees prescribed in this chapter, to any applicant who has satisfactorily met all the requirements of this chapter. Licenses shall contain a serial number, the full name of the licensee, the signatures of the chairperson and secretary and the seal of the board.
- Issuance of a license shall be evidence that the person named therein is entitled to all the rights and privileges of a licensed land surveyor as long as the license remains unexpired and not revoked, suspended or limited by conditions established as a result of disciplinary action taken under the provisions of this chapter. (Added 1967, No. 364 (Adj. Sess.), § 16, eff. Jan. 1, 1969; amended 1985, No. 245 (Adj. Sess.), § 1.)
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§ 2595. Exceptions
- The work of an employee or subordinate of a person having a license under this chapter is exempted from the provisions of this chapter if such work is done under the supervision of and is verified by a licensee.
- This chapter shall not be construed to apply to or to interfere with federal employees in the performance of their official duties.
- This chapter shall not be construed to apply to or to interfere with state employees in the performance of their official duties, provided that the work is being done under the supervision of a licensed land surveyor.
- A person not a resident of Vermont and having no established place of business in this state may be granted a temporary permit by the secretary of the board to practice as a licensed land surveyor, provided that this practice shall not exceed thirty days in any calendar year, if that person is legally qualified by license to practice as a land surveyor in any state or country in which the requirements and qualifications for a certificate or license are at least comparable to those specified in this chapter. (Added 1967, No. 364 (Adj. Sess.), § 17, eff. Jan. 1, 1969; amended 1985, No. 245 (Adj. Sess.), § 1.)
Professional Engineer
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Subchapter III. Licensing and Specialty Certifications
§ 1181. License and specialty certificates
- Upon determining that an applicant is qualified for initial licensure under section 1182 of this title in one or more specialties, the board shall issue a license certificate and a specialty certificate to the applicant. Upon determining that an existing licensee is qualified under section 1182 in an additional specialty, the board shall issue a revised specialty certificate to the licensee.
- A license certificate shall have indefinite duration, but shall be valid only so long as the licensee has a currently valid specialty certificate. License certificates are the property of licensees, but they shall be returned to the board if the license is revoked or suspended and may be destroyed if the license is revoked.
- Specialty certificates issued under this chapter shall be renewed biennially upon payment of the required fee.
- When it issues a specialty certificate, the board shall also issue a pocket card which shall expire on the same day.
- Each specialty certificate and each pocket card shall show their expiration date, and shall also show all specialty areas in which the holder has been certified by the board.
- If a licensee has a principal place of business, the license certificate and specialty certificate shall be prominently displayed there. (Added 1983, No. 188 (Adj. Sess.), § 2; amended 1993, No. 108 (Adj. Sess.), § 4.)
§ 1181a. Transient practice
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A person who is not a resident of this state may obtain a transient practice permit to perform acts constituting the practice of engineering, provided that:
- the practice in this state does not exceed 30 days in any calendar year; and
- the person is licensed or registered as a professional engineer in another state which, in the opinion of the board, has regulatory standards substantially equivalent to those applicable under this chapter. (Added 1991, No. 167 (Adj. Sess.), § 26.)
§ 1182. Licensing standards
- Engineering graduates. -- A license and specialty certification shall be issued to a person who:
- satisfactorily completes an engineering curriculum, of at least four years in length, which is either approved by the board or accredited by the Accreditation Board for Engineering and Technology (ABET) or an equivalent body recognized by board rule for this purpose;
- after having completed five semesters in an approved curriculum as defined in subdivision (1) of this subsection or after having graduated from such a curriculum, attains a passing score set by board rule on a general examination testing the fundamentals of engineering;
- after graduation completes four years of active engineering practice satisfactory to the board in work of a progressively more responsible nature, the last two years of which were within the specialty certification sought, however, work in a cooperative educational program up to a total of 12 months may be included in the total active practice required by this subdivision; and
- having completed the four years required by subdivision (3) of this subsection, and after having attained a passing score on the fundamentals of engineering exam, attains a passing score set by board rule on a specialized examination testing the principles and practices of engineering in the specialty certification sought.
- Four-year engineering technology graduates. -- A license and specialty certification shall be issued to a person who:
- graduates from a four-year ABET approved curriculum in engineering technology;
- after an applicant has completed five semesters in an approved curriculum as defined in subdivision (1) of this subsection or has graduated from such a curriculum, attains a passing score set by board rule on a general examination testing the fundamentals of engineering;
- after graduation completes eight years of active engineering practice satisfactory to the board in work of a progressively more responsible nature, at least five years of which were within the specialty certification sought, however, work in a cooperative educational program may be included in the total active practice required by this subdivision; and
- after having completed the eight years of active practice as defined in subdivision (3) of this subsection and after having attained a passing grade on the fundamentals of engineering exam, has attained a passing score as established by board rule on a specialized examination testing the principles and practices of engineering in the specialty certification sought.
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- Equivalent experience. -- A license and specialty certification shall be issued to a person who:
- after having completed six years of active engineering practice, attains a passing score set by board rule on a general examination testing the fundamentals of engineering;
- completes 12 years of active engineering practice satisfactory to the board in work of a progressively more responsible nature, at least six years of which were within the specialty certification sought; and
- having completed the 12 years required by subdivision (2) of this subsection, and after having attained a passing score on the general examination in fundamentals of engineering, then attains a passing score set by board rule on a specialized examination testing the principles and practices of engineering in the specialty certification sought.
- Long term professional experience. -- A license and specialty certification shall be issued to a person who:
- has completed 16 years of active engineering practice satisfactory to the board in work of a progressively more responsible nature, the last eight years of which were within the specialty certification sought;
- attains a passing score set by board rule on a specialized examination testing the principles and practices of engineering in the specialty certification sought; and
- is found by the board to be a person of professional experience in the field of engineering.
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- Additional specialty certification. -- An additional specialty certification shall be issued to a person who:
- possesses a valid and unencumbered license issued by the board under subsection (a) of this section, has completed two years of active engineering practice within the specialty certification sought, and has attained a passing score set by board rule on a specialized examination testing the principles and practices of engineering in the specialty certification sought; or
- possesses a valid and unencumbered license issued by the board under subsection (b) of this section, has completed four years of active engineering practice within the specialty certification sought, and has attained a passing score set by board rule on a specialized examination testing the principles and practices of engineering in the specialty certification sought; or
- possesses a valid and unencumbered license issued by the board under subsection (c) of this section, has completed six years of active engineering practice within the specialty certification sought, and has attained a passing score set by board rule on a specialized examination testing the principles and practices of engineering in the specialty certification sought; or
- possesses a valid and unencumbered license issued by the board under subsection (d) of this section, has completed eight years of active engineering practice within the specialty certification sought, and has attained a passing score set by board rule on a specialized examination testing the principles and practices of engineering in the specialty certification sought; or
- possesses a valid and unencumbered license issued by the board under subsections (a), (b), (c) or (d) of this section, has completed ten years of active engineering practice satisfactory to the board within the specialty certification sought, presents to the board a portfolio of important engineering work representing a reasonably broad sampling of the engineering work typical of the field in which specialty certification is sought, and demonstrates before the board a thorough knowledge of the engineering principles underlying the work presented in the portfolio.
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- Without examination a license and specialty certification, or an additional specialty certification shall be issued to a person who is licensed as a professional engineer under the laws of another state or country, whose requirements the board deems to be substantially equivalent to those of this state.
- Licensing standards adopted or used by the board, and its procedures, shall be fair and reasonable. Those standards and procedures shall be designed and implemented to ensure that all applicants are admitted to practice unless there is good reason to believe that practice by a particular applicant would be inconsistent with the public health, safety and welfare. Licensing standards shall not be designed or implemented for the purpose of limiting the number of licensees. (Added 1983, No. 188 (Adj. Sess.), § 2; amended 1991, No. 167 (Adj. Sess.), § 27; 1993, No. 108 (Adj. Sess.), § 5; 1997, No. 40, § 21.)
http://www.sec.state.vt.us
Carla Preston
Staff Assistant
109 State Street
Montpelier, Vermont 05609-1106
802-828-2875
cpreston@sec.state.vt.us
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