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DEPARTMENT OF CONSUMER AND INDUSTRY SERVICES DIRECTOR'S OFFICE PROFESSIONAL SURVEYORS (By authority conferred on the director of the department of consumer and industry services by 1980 PA 299, MCL 339.308 and Executive Reorganization Order No. 1996-2, MCL 445.2001) PART 1. GENERAL PROVISIONS R 339.17101 Definitions. Rule 101. (1) As used in these rules: (a) "Act" means Act No. 299 of the Public Acts of 1980, as amended, being S339.101 et seq. of the Michigan Compiled Laws. (b) "Board" means the Michigan board of professional surveyors. (c) "Department" means the Michigan department of commerce. (2) The terms defined in the act have the same meanings when used in these rules. History: 1985 AACS; 1995 AACS. R 339.17102 Rescinded. History: 1985 AACS; 1995 AACS. R 339.17103 Conduct of public meetings. Rule 103. (1) For the purpose of this rule, "chairperson" means the person authorized to convene and moderate a meeting of a public body organized or housed within the department or any other person acting temporarily as convenor or moderator. (2) Each person present shall be provided a reasonable opportunity to address a public meeting on an agenda item or a topic relevant to the public body which is not on the agenda if the person makes a request to the public body's offices or to the department prior to convening the meeting or to the chairperson prior to the conclusion of the meeting. (3) A group of 5 or more persons may be asked to give advance notice to the chairperson or department of its intention to attend a meeting of a public body so that an effort may be made to provide adequate space. Such advance notice shall not be required, however. (4) The chairperson shall do all of the following: (a) Conduct the public participation portion of the public meeting in an orderly and decorous fashion. (b) Recognize each person wishing to speak within the time limits available. (c) Allow for public comment on each agenda item. (d) Allocate a specific time on the agenda for general public comment. (5) The chairperson may do any of the following: (a) Limit the number of persons admitted to the meeting room if necessary to comply with public safety laws and regulations. (b) Temporarily recess and promptly reconvene the meeting in a larger room if more space is necessary. (c) Impose reasonable limitations on time allotted for public comments. (d) Inquire as to the interest or interests, if any, represented by a person addressing the meeting. (e) To preserve the rights of all parties, prohibit a member of the public from addressing the meeting on the subject of an administrative law case pending before a board until a disposition of the case has been voted upon by the board. (f) Exclude a person from the meeting only for a breach of the peace actually committed at the meeting. History: 1985 AACS. R 339.17104 Rescinded. History: 1985 AACS; 2001 AACS. R 339.17105 Rescission. Rule 105. (1) R 338.551 to R 338.563 and R 338.581 to R 338.588 of the Michigan Administrative Code, appearing on pages 2446 to 2453 of the 1979 Michigan Administrative Code, are rescinded insofar as these rules pertain to land surveyors. (2) R 338.2401 to R 338.2461 of the Michigan Administrative Code, appearing on pages 2554 to 2565 of the 1979 Michigan Administrative Code, are rescinded. History: 1985 AACS. PART 2. EXAMINATIONS R 339.17201 Acceptability of baccalaureate degrees; criteria; experience credit. Rule 201. (1) A baccalaureate degree shall be deemed to be acceptable if the candidate holding the degree has achieved all of the credits in college level courses in accordance with the following table: _______________________________________________________________________________________________ General Representative Courses Which Semester Quarter Title May Be Included Hours. Hours _______________________________________________________________________________________________ Mathematics analytic geometry, calculus, statistics 12 18 _______________________________________________________________________________________________ Humanities and English, speech, government, history, 10 15 Communications literature, philosophy, sociology _______________________________________________________________________________________________ Law and Business legal principles, Michigan surveying 10 15 law, accounting, economics, business administration _______________________________________________________________________________________________ Basic Science physics, chemistry, geology, 18 27 Astronomy, biology, dendrology _______________________________________________________________________________________________ Further Development computer science, remote sensing 6 9 graphics, linear analysis _______________________________________________________________________________________________ Engineering Science statics, fluid mechanics, properties 8 12 and mechanics of materials _______________________________________________________________________________________________ Engineering construction materials 13 20 transportation, soils, hydraulics hydrology Surveying mensuration, operation of 30 45 Instruments, practical astronomy, geodesy, topographic surveying, route surveying, boundary surveying, photogrammetry cartography, planning and design of land divisions, construction layout (2) An applicant who possesses a bachelor of science degree in land surveying from an institution whose facilities, faculty, and curriculum have been reviewed and approved by this board shall be deemed to meet the requirements of section 2004(1) of the act. (3) All other baccalaureate degrees shall be evaluated as to their conformance with the criteria specified in subrule (1) of this rule. An applicant shall provide transcripts and other documents as may be required by the board for evaluation and determination of acceptability of the degree, which may include documentation by the educational institution to verify that the degree meets the criteria set forth in this rule. (4) A person who possesses an acceptable bachelor's degree shall be granted 4 years of experience credit as required by the act. (5) A person who possesses a graduate degree in surveying may be granted a maximum of 1 additional year of experience credit pursuant to the act. History: 1985 AACS. R 339.17202 Required professional experience; acceptability; verification. Rule 202. (1) Professional surveying experience required by the act for examination admission may include the following types of surveying work, which shall include both field and office practice: (a) Land surveying, which is the surveying of an area for its correct determination or description for its conveyance or for the establishment or reestablishment of a land boundary and the designing or design coordination of the plotting of land and the subdivision of land. (b) Geodetic surveying, which includes surveying for a determination of the size and shape of the earth, both horizontally and vertically, and the precise positioning of points on the earth utilizing angular and linear measurements through spatially oriented spherical geometry. (c) Utilizing and managing land information systems through the establishment of datums and local coordinate systems and points of reference. (d) Engineering and architectural surveying for design and construction layout of infrastructure. (e) Cartographic surveying for the making of maps, including topographic and hydrographic mapping. (2) Acceptable professional experience shall be obtained in a varied and increasingly responsible position under the direction of a licensed professional surveyor. (3) An applicant shall have the applicant's employers or supervisors, or both, submit verification of experience forms to the board and other references required by the act. Decisions by the board regarding satisfactory experience shall be based upon an evaluation of this information. History: 1985 AACS; 1995 AACS. R 339.17203 Examinations; subject matter. Rule 203. (1) Written examinations for licensure shall be 18 hours. (2) Part 1, entitled "Fundamentals of Land Surveying Examination," may include the following subjects: (a) Mathematics. (b) Physics. (c) Communication skills. (d) Care and use of surveying instruments. (e) Orientation. (f) Horizontal, vertical, and angular measurements. (g) Traversing. (h) Topographic mapping. (i) Notekeeping. (j) Computing. (k) Property surveys and descriptions. (l) Land and space divisions. (m) Plats. (n) Plans. (o) Charts. (p) Monumentation. (q) Vertical and horizontal curves. (r) State plane coordinate calculations. (s) Economic analysis. (t) Astronomy. (u) Photogrammetry. (v) Evaluation and adjustment of errors. (3) Part 2, entitled "Principles and Practice of Land Surveying Examination," may include the following subjects: (a) Knowledge of Michigan statutes and rules related to land surveying. (b) The United States system of public land surveys. (c) Michigan plane coordinate system. (d) Land descriptions, including those involving disputed boundaries or defective deed descriptions. (e) Riparian rights, hydrology, and meandered bodies of water. (f) Adverse possession. (g) Office management and practice. (h) Client relations. (i) Reconciliation of past and present measurements. (j) Subdivision of sections. (k) Original government surveys. (l) Condominium subdivision laws and rules. History: 1985 AACS; 1993 AACS. PART 3. LICENSURE, RECIPROCITY, AND RENEWAL R 339.17301 Offer of licensure; seal design; filing imprint; use of seal; validation. Rule 301. (1) After meeting the licensing requirements prescribed by the act and these rules, an applicant shall be offered original licensure by the board. (2) A seal of a licensed professional surveyor as prescribed by the act shall have the following design:

Seal of Licensed Professional corresponding to rule in PDF

No other design for a seal shall be used. An embossed seal or rubber stamp that is from 4 to 5 centimeters in diameter may be used. (3) A licensee acquiring a new or replacement seal shall file an imprint of the seal with the board office, and, thereafter, the licensee may be required to file an imprint upon request by the board. (4) A licensee's seal shall be used by the licensee whose name appears on the seal for as long as the license remains in effect. A licensee shall be responsible for the security of the seal. (5) A licensee shall validate personal use of the seal by placing the original signature of the licensee adjacent to each seal impression or stamping. History: 1985 AACS; 1995 AACS. R 339.17302 Licensure by reciprocity; eligibility; experience and education standards; examinations. Rule 302. (1) A person who holds a current, valid certificate of licensure or registration as a land surveyor or professional surveyor issued by a board of another state or jurisdiction, or who holds a current certificate of qualification issued by a national council acceptable to the board, shall be eligible for licensure by reciprocity subject to the act and these rules. (2) Standards for satisfactory experience and education required by the act are established by R 339.17201 and R 339.17202. (3) An applicant shall have taken and passed not less than 18 hours of examination acceptable to the board as established by R 339.17203. An applicant who is deficient shall take examinations as directed by the board. Upon successful completion of the examinations, an applicant may be offered Michigan licensure by examination if the applicant satisfies all other requirements of the act. History: 1985 AACS; 1995 AACS. PART 4. STANDARDS OF PRACTICE AND PROFESSIONAL CONDUCT R 339.17401 Solicitation of employment; restrictions; exception. Rule 401. (1) In the solicitation of employment, a licensee shall not falsify, or permit the misrepresentation of, the academic or professional qualifications of the licensee or the licensee's associates. (2) A licensee shall not offer to pay or give, or pay or give, directly or indirectly, to a client or potential client or to the agent of a client or potential client, a commission, contribution, gift, or other substantial valuable consideration to secure or retain professional surveying work. This restriction does not include payments to an employment agency for the purpose of securing employment or employees for salaried positions. (3) A licensee shall seek professional employment on the basis of the licensee's qualifications, competence, and ability to properly accomplish the employment sought. History: 1985 AACS; 1995 AACS. R 339.17402 Conflict of interest. Rule 402. (1) To avoid a conflict of interest, a licensee shall promptly inform, in writing, an employer or client of the licensee or a public body on which the licensee serves of any employment, business association, interest, duty, or circumstance if that relationship is with another and involves the current or prospective work assignment of the licensee with that employer, client, or public body. (2) A licensee shall not accept compensation, financial or otherwise, from more than 1 party for services performed on the same project or assignment, unless the circumstances are fully disclosed to all parties that pay, or are required to approve payment, for the work performed by the licensee. (3) A licensee shall not solicit or accept gratuities, directly or indirectly, from contractors, their agents, or other parties dealing with the client or employer of the licensee in connection with work for which the licensee is responsible, nor shall the licensee solicit or accept financial or other valuable consideration from another for specifying products or services. History: 1985 AACS. R 339.17403 Participation in project; responsibilities; survey identification; survey error of closure; survey content; certificate of survey; form; land corner recordation certificate. Rule 403. (1) A licensee shall undertake to participate only in those phases of a project in which the licensee is competent. In the areas of a project involving architecture or professional engineering in which the licensee lacks competence, the licensee shall retain licensed professional associates for those phases of that project. (2) A licensee is responsible for clear, accurate, and complete development of plats, plans, drawings, specifications, survey reports, and other instruments of service as is customary in the practice of the licensee's profession, and the material shall properly satisfy the need for which it is intended. (3) Surveys and drawings not intended to delineate, monument, or define property boundaries and limits shall be clearly identified as not being boundary surveys. (4) Boundary surveys made to delineate, monument, define, or redefine property boundaries and limits shall be performed with an error of closure not greater than 1 unit for each 5,000 units measured or stated. Linear errors of closure up to 0.15 feet shall be deemed appropriate on parcels of less than 750 feet total perimeter length. (5) The information contained on a survey and drawing to be filed under Act No. 132 of the Public Acts of 1970, as amended, being S54.211 et seq. of the Michigan Compiled Laws, shall include all of the following items: (a) A drawing that includes the graphical and numerical scale used. (b) A north arrow. (c) Identification of all government corners and related witnesses. (d) A description as required by section 3(a) of Act No. 132 of the Public Acts of 1970, as amended, being S54.213(a) of the Michigan Compiled Laws. (e) A statement of the manner of bearing determination. (6) A certificate of survey shall bear the surveyor's original signature and seal. (7) The following form is a guideline for licensed professional surveyors to follow:

CERTIFICATE OF SURVEY Form corresponding to rule in PDF

(8) A land corner recordation certificate shall be in compliance with Act No. 74 of the Public Acts of 1970, as amended, being S54.201 et seq. of the Michigan Compiled Laws. Not more than 2 corners, all in the same town and range, may be recorded on any land corner recordation certificate. There shall be not less than 4 permanent accessories (witnesses), natural or installed, listed for each corner. The following is a sample of the approved land corner recordation certificate:

LAND CORNER RECORDATION CERTIFICATE corresponding to rule in PDF

History: 1985 AACS; 1995 AACS. R 339.17404 Supervising of surveying operations. Rule 404. (1) On work for which the licensee is responsible, the procedures followed and the decisions made by persons under the licensee's supervision shall be subject to sustained review and approval by the licensee. (2) The term "supervision," as used in sections 2008(3) and 2011(l)(c) of the act and as used in this rule, shall be deemed to require such control by the licensed professional surveyor that he or she can certify that he or she is knowledgeable and has reviewed and approved all actions by unlicensed persons who have participated in the survey. (3) The term "supervision" means both of the following: (a) That all persons participating in the survey shall be in the employ of the licensed surveyor or the organization employing the licensed surveyor. (b) That each person in charge of field parties, computers, draftsmen, and researchers periodically reviews procedures followed, periodically reviews decisions made, and is instructed by the surveyor. The term "periodically," in normal practice, means daily. (4) Any office offering to perform land surveys shall have a licensed professional surveyor in charge of the operations, and the professional surveyor shall have full control of the survey operations. The licensed professional surveyor shall maintain regular hours at his or her office so that he or she can be contacted in person by the public. (5) The board and the department regard failing to properly supervise surveying operations as outlined in this rule as gross negligence. (6) A licensee shall not in any way aid or abet an unlicensed person to practice or offer to practice professional surveying. History: 1985 AACS; 1995 AACS.