Delaware Administrative Code
Title 24 - Regulated Professions and Occupations
Department of State
Division of Professional Regulation
2700 - Board of Registration for Professional Land Surveyors
Section 2700-10.0 - Continuing Education
Current through Register Vol. 28, No. 3, September 1, 2024
10.1 Biennium Requirements. Effective each biennium, as a condition for renewal of a license for the practice of land surveying, a Professional Land Surveyor shall be required to successfully complete 24 hours of professional development within the preceding biennium. Any licensee who completes in excess of 24 hours of professional development within the preceding biennium may NOT have the excess applied to the requirements for the next biennium.
10.2 Sources of Credit. In reviewing and approving applications for PDHs, the Board shall take into consideration:
ALTA/ACSM land title surveys
GPS (survey related)
GIS (survey related)
Delaware land use laws
Case law
Boundary laws and regulations
Research
Evidence
Boundary determination
Unwritten rights
Conflict resolution; i.e. boundary line agreements
Adverse possession
Highway surveys
Railroad surveys
Easements and rights of way
Geodesy
Highway design/Highway safety
Surveyor in court/Expert testimony
State and international boundaries
Water boundaries
Technical writing related to deed descriptions and survey reports
Mathematics and computer applications of land surveying
Measurement and analysis
Photogrammetry and aerial photo interpretation
Survey standards
Survey instrumentation
Business management and professional development related to the land surveying practice; i.e. surveying contracts, communicating with clients, good business planning and management, quality assurance
Ethics and professionalism
Liability for land surveyors
Drainage design
Sediment and erosion control
First aid/CPR
Subdivision Plans and planning
Land Development Plans and planning
Grading and Grading Development Plans
Condominium Plans
Roadway and Street Design and Planning
Storm Water Drainage Plans
Utility Plans and Easements
10.3 Renewal Credit.
10.4 Pro-Rated Credits for Renewal. A licensee for renewal shall follow the following schedule of reporting PDH credits:
10.5 Renewal. Any licensee who has submitted an electronic renewal form and has met all other requirements shall be granted renewal.
10.6 Audit. Each biennium, the Division of Professional Regulation shall select from the list of renewed licensees a percentage, determined by the Board, which shall be selected by random method. The Board may also audit based on complaints or charges against an individual license, relative to compliance with continuing education requirements.
10.7 Documentation and Audit by the Board. When a licensee whose name or number appears on the audit list applies for renewal, the Board shall obtain documentation from the licensee showing detailed accounting of the various PDHs claimed by the licensee. Licensees selected for random audit are required to supplement the attestation with attendance verification. The Board shall attempt to verify the PDHs shown on the documentation provided by the licensee. The Board shall then review the documentation and verification. Upon completion of the review, the Board shall decide whether the licensee's PDHs meet the requirements of these rules and regulations. The licensee shall sign and seal all verification documentation with a Board approved seal.
10.8 Board Review. The Board shall review all documentation requested of any licensee shown on the audit list. If the Board determines the licensee has met the requirements, the licensee's certificate of registration shall remain in effect. If the Board initially determines the licensee has not met the requirements, the licensee shall be notified and a hearing may be held pursuant to the Administrative Procedures Act. This hearing will be conducted to determine if there are any extenuating circumstances justifying the apparent noncompliance with these requirements. Unjustified noncompliance of these regulations shall be considered misconduct in the practice of land surveying, pursuant to 24 Del.C. § 2712. The minimum penalty for unjustified noncompliance shall be a letter of reprimand and a $250.00 fine.
10.9 Noncompliance - Extenuating Circumstances. A licensee may request an extension and be given up to an additional 12 months to make up all outstanding required PDHs providing the licensee can show good cause why the licensee was unable to follow the requirements and provided the statement is received and reviewed by the Board prior to the licensee renewing their license. The licensee must state the reason for the extension along with whatever documentation the licensee feels is relevant. The Board shall consider requests such as extensive travel outside the United States, military service, extended illness of the licensee or the licensee's immediate family, or a death in the immediate family of the licensee. The written request for extension must be received and reviewed by the Board before the licensee renewing their license. The Board shall issue an extension when it determines that one or more of these criteria have been met or if circumstances beyond the control of the licensee have rendered it impossible for the licensee to obtain the required PDHs. A licensee who has successfully applied and received Board approval for an extension under this subsection shall make up all outstanding hours of professional development within the extension period approved by the Board.
10.10 Appeal. Any licensee denied renewal pursuant to these rules and regulations may contest the ruling by filing an appeal pursuant to the Administrative Procedures Act.
10.11 A member of the active-duty military, National Guard or the military reserve who is assigned to a duty station or deployed shall be deemed to have completed one hour of professional development for each month of active duty service.