NEW HAMPSHIRE CODE OF ADMINISTRATIVE RULES

BOARD OF LICENSURE FOR LAND SURVEYORS

Adopted 8/23/01
Amended 9/9/03 & 8/7/07

TABLE OF CONTENTS

CHAPTER Lan 100 ORGANIZATIONAL RULES

PART Lan 101 PURPOSE AND SCOPE

PART Lan 102 DESCRIPTION OF THE BOARD

PART Lan 103 BOARD ORGANIZATION

PART Lan 104 PUBLIC INFORMATION

PART Lan 105 MEETINGS, DELIBERATIONS AND DECISIONS

PART Lan 106 APPOINTMENT OF COMMITTEES

CHAPTER Lan 200 PRACTICE AND PROCEDURE

PART Lan 201 PURPOSE AND SCOPE

PART Lan 202 DEFINITIONS

PART Lan 203 PRESIDING OFFICER: WITHDRAWAL AND WAIVER OF RULES

PART Lan 204 FILING, FORMAT AND DELIVERY OF DOCUMENTS

PART Lan 205 TIME PERIODS

PART Lan 206 MOTIONS AND PLEADINGS

PART Lan 207 NOTICE OF HEARING; APPEARANCES; PRE-HEARING CONFERENCES

PART Lan 208 ROLES OF BOARD STAFF AND COMPLAINANTS

PART Lan 209 INTERVENTION

PART Lan 210 POSTPONEMENT REQUESTS AND FAILURE TO ATTEND HEARING

PART Lan 211 REQUESTS FOR INFORMATION OR DOCUMENTS

PART Lan 212 RECORD, PROOF, EVIDENCE AND DECISIONS

PART Lan 213 MOTION FOR REHEARING

PART Lan 214 RULEMAKING PUBLIC COMMENT HEARINGS

PART Lan 215 PETITION FOR RULEMAKING

PART Lan 216 DECLARATORY RULINGS

PART Lan 217 EXPLANATION AFTER ADOPTION

CHAPTER Lan 300 LICENSURE REQUIREMENTS

PART Lan 301 APPLICATION REQUIREMENTS

PART Lan 302 QUALIFICATIONS OF APPLICANTS

PART Lan 303 EXAMINATION

PART Lan 304 APPLICATION/LICENSURE FEES

PART Lan 305 CREDENTIALS

CHAPTER Lan 400 CONTINUED STATUS

PART Lan 401 RENEWAL

PART Lan 402 DISCIPLINARY MATTERS

PART Lan 403 CONTINUING EDUCATION

CHAPTER Lan 500 ETHICAL STANDARDS

PART Lan 501 CODE OF ETHICS

PART Lan 502 RESEARCH STANDARDS

PART Lan 503 TECHNICAL STANDARDS

CHAPTER Lan 100 DEFINITIONS, ORGANIZATION AND PUBLIC INFORMATION

PART Lan 101 PURPOSE AND SCOPE

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Lan 101.01 Purpose and Scope. The rules of this title implement the statutory responsibilities of the New Hampshire board of licensure for land surveyors created by RSA 310-A: 53. These provisions regulate but are not limited to the licensing of land surveyors and the practice of land surveying in the state of New Hampshire.

PART Lan 102 DEFINITIONS

Lan 102.01 Terms Used. As used in these rules, the following terms shall have the meanings indicated:

    (a) "Board" means the New Hampshire board of licensure for land surveyors
created by RSA 310-A:53.

    (b) "Board administrator" means the board’s staff director, a person with delegated authority to perform administrative and clerical functions for the board.

    (c) "Certificate of authorization" means, certificate of authorization as defined in RSA 310-A:54 I-b namely, "any certificate issued by the board to a business organization to engage in the practice land surveying."

    (d) "Land surveyor" means, land surveyor as defined in RSA 310-A:54, II namely " a professional specialist in the techniques of measuring land, educated in the basic principles of mathematics, the related physical and applied sciences, and the relevant requirements of law for adequate evidence and all requisite to the surveying of real property and engaged in the practice of land surveying as herein defined."

    (e) "Land surveyor-in-training" means land surveyor-in-training as defined in RSA 310-A:54, III namely "a candidate for licensure as a land surveyor who, prior to completion of the requisite years of experience in surveying work provided in RSA 310-A:63, has met the preliminary requirements for licensure as a land surveyor, and has been issued a certificate by the board stating that such candidate is a land surveyor-in-training."

    (f) "Land Surveyor Retired" The term "land surveyor retired" shall
mean a person who has been licensed as a land surveyor by the board and who
chooses to relinquish or not to renew a license and who applies for the honorary
status of "land surveyor, retired."

    (g) "Practice of land surveying" means, practice of land surveying as defined in RSA 310-A:53, IV, namely "any service or work, the adequate performance of which involves the application of special knowledge of the principles of mathematics, the related physical and applied sciences and the relevant requirements of law for adequate evidence to the act of measuring and locating lines, angles, elevations, natural and man-made features in the air, on the surface of the earth, within underground workings, and on the beds of bodies of water for the purpose of determining areas and volumes, for the monumenting of property boundaries and for the platting and layout of lands and subdivisions of land, including the topography, alignment, and grades of streets and for the preparation and perpetuation of maps, record plats, field note records and property descriptions that represent these surveys."

PART Lan 103 BOARD ORGANIZATION

Lan 103.01 Duties and Responsibilities The board shall administer the provisions of RSA 310-A:53-74 which include but are not limited to safeguarding property, to promoting public welfare and maintaining a high standard of integrity, skills and practice in the profession of land surveying in this state.

Lan 103.02 Composition of the Board. The board shall consist of 5 members who meet the eligibility requirements of RSA 310-A:55.

Lan 103.03 The Chairperson and Vice Chairperson. The chairperson shall preside at all meetings. In the absence of the chairperson, the vice-chairperson shall preside.

Lan 103.04 Staff. The board shall designate a board administrator and such other staff members as are necessary to perform the record-keeping and other statutory functions of the board and to oversee the board’s day-to-day operations.

Lan 103.05 Organization. Beginning with the regular meeting in October and annually thereafter, the board shall meet and organize and, by election from among its members, select a chairperson, vice-chairperson and secretary.

Lan 103.06 Seal. The seal of the board shall be an embossed circular seal consisting of 2 concentric circles, the outer circle having a diameter of 2 inches and an inner circle having a diameter of 1.7 inches. In the space between the 2 circles there shall be the words "Board of Licensure for Land Surveyors" At the top of the seal, inside of the inner circle, shall be the words "New Hampshire." In the center space there shall be a representation of the Old Man of the Mountain.

Lan 103.07 Office Hours, Office Location, Mailing Address and Telephone.

    (a) The board’s office shall be located at the New Hampshire Joint Board, 57 Regional Drive, Concord, N.H. and shall be open to the public weekdays, excluding holidays, from 8:00 a.m. to 4:00 p.m.

    (b) Correspondence shall be addressed to the board’s administrator at:

New Hampshire Joint Board
57 Regional Drive
Concord, N.H. 03301

    (c) The board’s telephone number shall be (603)-271-2219.

PART Lan 104 PUBLIC INFORMATION

Lan. 104.01 Record of Board Actions. Minutes shall be kept of board meetings and of official actions taken by the board. Minutes of board actions which are not confidential under RSA 91-A:3, II or RSA 91-A:5 shall be public records and shall be available for inspection during the board’s ordinary office hours within 144 hours from the close the meeting or vote in questions unless the 72 hours availability requirement of RSA 91-A:3, III is applicable.

Lan 104.02 Custodian of Records. Persons desiring copies or board records shall submit a request which identifies as particularly as possible the information being sought and agrees to pay the actual costs incurred by the board for the documents provided. If records are requested which contain both public and confidential information, the board shall delete the confidential information and provide the remaining information.

Lan. 104.03 Roster Distribution Copies of a roster containing names, addresses, and assigned numbers of licensed land surveyors shall be furnished upon request. The fee shall be $10.00.

PART Lan 105 MEETINGS, DELIBERATIONS AND DECISIONS

Lan 105.01 Meetings. Regular meetings shall be held at least 4 times each year. Special meetings shall be called by order of the chairperson or secretary. Each member of the board shall be notified in writing of each meeting and such notice shall contain the place, date, time, and subject of the meeting. Notice of meetings shall be posted at the board office and the state house.

Lan 105.02 Quorum. A quorum of the board shall consist of not less than 3 members and a majority vote by the members present shall be necessary to pass a motion unless otherwise specified by law. In the absence of the chair, vice chair, or secretary, the chair shall designate a pro tempore officer for the officer or officers absent.

Lan 105.03 Board Meeting Procedures. The board shall conduct its meetings in the following order:

    (a) Acceptance of the agenda;

    (b) Reading of the minutes;

    (c) Interviews/meetings;

    (d) Reading of communications;

    (e) Reading and consideration of applications;

    (f) Unfinished business;

    (g) New business; and

    (h) Adjournment.

Lan 105.04 Procedures. Roberts Rules of Order, 9th edition dated 1990 shall govern the procedures of the board.

Lan. 105.05 Tentative Decisions

    (a) When necessary to conduct the board’s business in a timely and efficient manner, the board shall instruct its staff or a committee of the board to prepare a draft document, subject to subsequent review and approval by the board. Such instructions shall be known as tentative decisions.

    (b) Tentative decisions shall not be final actions, and shall not be binding upon the board. Changes in the form or the substance of a tentative decision shall be made as often as necessary to produce a final document, which satisfactorily sets forth the final result the board intends to reach. The board’s final decision shall be issued only when the necessary majority has voted in favor of the final form of the proposed action, allowing time for printing or servicing the document in question.

PART Lan 106 APPOINTMENT OF COMMITTEES

Lan 106.01 Committees

    (a) A committee shall consist of one or more of board members who have been directed by the board to investigate and make recommendations on matters which could be handled by the full board.

    (b) When expressly authorized by the board, the authority of a committee shall include:

                (1) The retention of voluntary assistance from qualified non-board members; and

                (2) The retention of paid advisors or consultants pursuant to RSA 332:G-3.

CHAPTER Lan 200 PRACTICE AND PROCEDURE

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PART Lan 201 PURPOSE AND SCOPE

Lan 201.01 Purpose and Scope. The board shall conduct various proceedings for the purpose of acquiring sufficient information to make fair and reasoned decisions on matters within its statutory jurisdiction, including decisions on applications for licensure and complaints filed against licensees and others in the practice of land surveying. These rules are intended to secure the just, efficient and accurate resolution of all board proceedings.

PART Lan 202 DEFINITIONS

Lan 202.01 Purpose and Scope.

    (a) "Appearance" means a written notification to the board that a party or a party’s representative intends to actively participate in a hearing.

    (b) "Hearing" means "adjudicative proceeding" as defined by RSA 541-A:1, I, namely, "the procedure to be followed in contested cases, as set forth in RSA 541-A:31 through RSA 541-A:36."

    (c ) "Motion" means a request to the presiding officer for an order or ruling directing some act to be done in favor of the party making the motion, including a statement of justification or reasons for the request.

    (d) "Natural person" means a human being.

    (e) "Party" means "party" as defined by RSA 541-A:1, XII, namely, "each person or board named or admitted as a party, or properly seeking and entitled as a right to be admitted as a party." The term "party" includes all intervenors in a proceeding, subject to any limitations established pursuant to RSA 541-A:33, III.

    (f) "Person" means "person" as defined by RSA 541-A:1, XIII, namely, "any individual, partnership, corporation, association, governmental subdivision, or public or private organization of any character other than a board."

    (g) "Presiding officer" means presiding officer as defined in RSA 541-A:1, XIV, namely, "that individual to whom the board has delegated the authority to preside over a proceeding, if any; otherwise it shall mean the head of the board."

    (h) "Proof by a preponderance of the evidence" means a demonstration by admissible evidence that a fact or legal conclusion is more probable than not to be true.

PART Lan 203 PRESIDING OFFICER; WITHDRAWAL AND WAIVER OF RULES

Lan 203.01 Presiding Officer; Appointment; Authority

    (a) All hearings shall be conducted for the board by a natural person appointed or authorized to serve as a presiding officer.

    (b) A presiding officer shall as necessary:

                (1) Regulate and control the course of a hearing;

                (2) Facilitate an informal resolution acceptable to all parties;

                (3) Administer oaths and affirmations;

                (4) Receive relevant evidence at hearings and exclude irrelevant, immaterial or unduly repetitious evidence;

                (5) Rule on procedural requests, including adjournments or postponements, at the request of a party or on the presiding officer's own motion;

                (6) Question any witness to develop a complete record;

                (7) Cause a complete record of any hearing to be made, as specified in RSA 541-A:31, VI; and

                (8) Take any other action consistent with applicable statutes, rules and case law necessary to conduct the hearing and complete the record in a fair and timely manner.

Lan 203.02 Withdrawal of Presiding Officer.

    (a) Upon his or her own initiative or upon the motion of any party, a presiding officer or board official shall, for good cause withdraw from any hearing.

    (b) Good cause shall exist if a presiding officer or board official:

                (1) Has a direct interest in the outcome of a proceeding, including, but not limited to, a financial or family relationship;

                (2) Has made statements or engaged in behavior which objectively demonstrates that he or she has prejudged the facts of a case; or

                (3) Personally believes that he or she cannot fairly judge the facts of a case

    (c) Mere knowledge of the issues, the parties or any witness shall not constitute good cause for withdrawal.

Lan 203.03 Waiver or Suspension of Rules by Presiding Officer. The presiding officer, upon his or her own initiative or upon the motion of any party, shall suspend or waive any requirement or limitation imposed by this chapter upon reasonable notice to affected persons when the proposed waiver or suspension appears to be lawful, and would be more likely to promote the fair, accurate and efficient resolution of issues pending before the board than would adherence to a particular rule or procedure.

PART Lan 204 FILING, FORMAT AND DELIVERY OF DOCUMENTS

Lan 204.01 Date of Issuance or Filing.All documents governed by these rules shall be rebuttably presumed to have been issued on the date noted on the document and to have been filed with the board on the actual date of receipt by the board, as evidenced by a date stamp placed on the document by the board in the normal course of business.

Lan 204.02 Format of Documents

    (a) All correspondence, pleadings, motions or other documents filed under these rules shall:

                (1) Include the title and docket number of the proceeding, if known;

                (2) Be typewritten or clearly printed on durable paper 8 1/2 by 11 inches in size;

                (3) Be signed by the party or proponent of the document, or, if the party appears by a representative, by the representative; and

                (4) Include a statement certifying that a copy of the document has been delivered to all parties to the proceeding in compliance with Lan 204.03.

    (b) A party or representative's signature on a document filed with the board shall constitute certification that:

                (1) The signer has read the document;

                (2) The signer is authorized to file it;

                (3) To the best of the signer’s knowledge, information and belief there are good and sufficient grounds to support it; and

                (4) The document has not been filed for purposes of delay.

Lan 204.03 Delivery of Documents

    (a) Copies of all petitions, motions, exhibits, memoranda, or other documents filed by any party to a proceeding governed by these rules shall be delivered by that party to all other parties to the proceeding.

    (b) All notices, orders, decisions or other documents issued by the presiding officer or board shall be delivered to all parties to the proceeding.

    (c) Delivery of all documents relating to a proceeding shall be made by personal delivery or by depositing a copy of the document, by first class mail, postage prepaid, in the United States mail, addressed to the last address given to the board by the party or if represented to the parties representative.

    (d) When a party appears by a representative, delivery of a document to the party's representative at the address stated on the appearance filed by the representative shall constitute delivery to the party.

PART Lan 205 TIME PERIODS

Lan 205.01 Computation of Time

    (a) Unless otherwise specified, all time periods referenced in this chapter shall be calendar days.

    (b) Computation of any period of time referred to in these rules shall begin with the day after the action which sets the time period in motion, and shall include the last day of the period so computed.

    (c) If the last day of the period so computed falls on a Saturday, Sunday or legal holiday, then the time period shall be extended to include the first business day following the Saturday, Sunday or legal holiday.

PART Lan 206 MOTIONS AND PLEADINGS

Lan 206.01 Motions; Objections.

    (a) Motions shall be in written form and filed with the presiding officer, unless made in response to a matter asserted for the first time at a hearing or on the basis of information which was not received in time to prepare a written motion.

    (b) Oral motions and any oral objection to such motions shall be recorded in full in the record of the hearing. If the presiding officer finds that the motion requires additional information in order to be fully and fairly considered, the presiding officer shall order the moving party to submit the motion in writing, with supporting information. within 5 days of the order. Objections to such motions shall be filed within 5 days of the filing of the motion.

    (c) Objections to written motions shall be filed within 30 days of the date of the motion;

    (d) Failure by an opposing party to object to a motion shall not in and of itself constitute grounds for granting the motion.

    (e) The presiding officer shall rule upon a motion after full consideration of all objections and other factors relevant to the motion.

Lan 206.02 Pleadings.

    (a) The only pleadings permitted shall be petitions, other than for rulemaking, and replies to petitions. Applications shall not be considered pleadings.

    (b) All petitions shall contain:

(1) The name and address of the petitioner;

(2) The name and address of the petitioner's representative, if any;

(3) A concise statement of the facts that caused the petitioner to request the board to act;

(4) The action that the petitioner wishes the board to take; and

(5) The identification of any statutes, rules, orders, or other authority that entitles the petitioner to request the board to act.

    (c) Board replies to petitions shall contain:

(1) The name and address of the petitioner;

(2) The name and address of the representative of the petitioner, if any;

(3) A statement addressing each fact alleged in the petition;

(4) A statement addressing the authority identified by the petitioner;

(5) A concise response to each statement;

(6) The identification of any statutes, rules, orders, or other authority, not identified in the petition, having a bearing upon the subject matter of the petition; and

(7) The action the board took.

    (d) Replies shall be filed within 90 days from the date of the petition.

PART Lan 207 NOTICE OF HEARING; APPEARANCES; PRE-HEARING CONFERENCES

Lan 207.01 Commencement of Hearing. A hearing shall be commenced by an order of the board giving notice to the parties at least 30 days prior to the hearing as required by Lan 207.03.

Lan 207.02 Docket Numbers. A docket number shall be assigned to each matter to be heard which shall appear on the notice of hearing and all subsequent orders or decisions of the board.

Lan 207.03 Notice of Hearing.

    (a) A notice of a hearing issued by the board at least 30 days prior to the hearing and shall contain the information required by RSA 541-A:31, III, namely:

(1) A statement of the time, place and nature of any hearing;

(2) A statement of the legal authority under which a hearing is to be held;

(3) A reference to the particular statutes and rules involved including this chapter;

(4) A short and plain statement of the issues presented;

(5) A statement that each party has the right to have an attorney represent them at their own expense; and

(6) A statement that each party has the right to have the board provide a certified shorthand court reporter at the party’s expense and that any such request shall be submitted in writing at least 10 days prior to the hearing.

Lan 207.04 Appearances and Representation

(a) A party or the party’s representative shall file an appearance that includes the following information:

(1) A brief identification of the matter;

(2) A statement as to whether or not the representative is an attorney; and

                    (3) The party or representative's daytime address and telephone number.

Lan 207.05 Prehearing Conference. Any party may request, or the presiding officer shall schedule on his or her own initiative, a pre-hearing conference in accordance with RSA 541-:31,V to consider:

    (a) Offers of settlement;

    (b) Simplification of the issues;

    (c) Stipulations or admissions as to issues of fact or proof by consent of the parties;

    (d) Limitations on the number of witnesses;

    (e) Changes to standard procedures desired during the hearing by consent of the parties;

    (f) Consolidation of examination of witnesses; and

    (g) Any other matters which aid in the disposition of the proceeding.

PART Lan 208 ROLES OF BOARD STAFF AND COMPLAINANTS

Lan 208.01 Role of Board Staff in Enforcement or Disciplinary Hearings. Unless called as witnesses, board staff as defined in Lan 103.04 shall have no role in any enforcement or disciplinary hearing.

Lan 208.02 Role of Complainants in Enforcement or Disciplinary Hearings. Unless called as a witness or granted party or intervenor status, a person who initiates an adjudicative proceeding by complaining to the board about the conduct of person who becomes a party shall have no role in any enforcement or disciplinary hearing.

PART Lan 209 Intervention

Lan 209.01 Intervention.

    (a) A non-party may intervene in a matter pending before the board under the provisions of RSA 541-A:32, by filing a motion stating facts demonstrating that the non-party's rights or other substantial interests might be affected by the proceeding or that the non-party qualifies as an intervenor under any provision of law.

    (b) If the presiding officer determines that such intervention would be in the interests of justice and would not impair the orderly and prompt conduct of the hearing, he or she shall grant the motion for intervention.

    (c) Participation by intervenors shall be limited to that which is necessary to protect the interest identified in the petition for intervention.

    (d) Petitions for intervention shall be filed any time after commencement of a proceeding, and state:

(1) The petitioner's interest in the subject matter of the hearing;

(2) Whether the petitioner appears in support of the complainant, or the respondent, as well as for his or her own interest;

(3) Why the interests of the parties and the orderly and prompt conduct of the proceeding would not be impaired; and

(4) Any other reasons why the petitioner should be permitted to intervene.

    (e) A person filing a complaint that becomes the subject of a disciplinary hearing shall be served with the hearing notice and notified of the right to intervene in the proceeding.

    (f) Once granted leave to intervene, an intervenor shall take the proceeding as he or she find it and no portion of the proceeding shall be repeated because of the fact of intervention.

PART Lan 210 POSTPONEMENT REQUESTS AND FAILURE TO ATTEND HEARING

Lan 210.01 Postponements.

    (a) Any party to a hearing may make an oral or written motion that a hearing be postponed to a later date or time.

    (b) If a postponement is requested by a party to the hearing, it shall be granted if the presiding officer determines that good cause has been demonstrated. Good cause shall include the unavailability of parties, witnesses or attorneys necessary to conduct the hearing, the likelihood that a hearing will not be necessary because the parties have reached a settlement or any other circumstances that demonstrate that a postponement would assist in resolving the case fairly.

    (c) If the later date, time and place are known at the time of the hearing that is being postponed, the date, time and place shall be stated on the record. If the later date, time and place are not known at the time of the hearing that is being postponed, the presiding officer shall issue a written scheduling order stating the date, time and place of the postponed hearing as soon as practicable.

Lan 210.02 Failure to Attend Hearing . If any party to whom notice has been given in accordance with Lan 207.03 fails to attend a hearing, the presiding officer shall declare that party to be in default and either:

    (a) Dismiss the case, if the party with the burden of proof fails to appear; or

    (b) Hear the testimony and receive the evidence offered by a party, if that party has the burden of proof in the case.

PART Lan 211 REQUESTS FOR INFORMATION OR DOCUMENTS

Lan 211.01 Voluntary Production of Information.

    (a) Each party shall attempt in good faith to completely and timely respond to requests for the voluntary production of information or documents relevant to the hearing.

    (b) When a dispute between parties arises concerning a request for the voluntary production of information or documents, any party may file a motion to compel the production of the requested information under Lan 211.02.

Lan 211.02 Motions to Compel Production of Information

    (a) Any party may make a motion requesting that the presiding officer order the parties to comply with information requests. The motion shall be filed at least 15 days before the date scheduled for the hearing, or as soon as possible after receiving the notice of hearing.

    (b) The moving party’s motion shall:

                (1) Set forth in detail those factors which it believes justify its request for information; and

                (2) List with specificity the information it is seeking to discover.

    (c) When a party has demonstrated that such requests for information are necessary for a full and fair presentation of the evidence at the hearing, the presiding officer shall grant the motion.

Lan 211.03 Mandatory Pre-Hearing Disclosure of Witnesses and Exhibits At least 5 days before the hearing the parties shall exchange a list of all witnesses to be called at the hearing with a brief summary of their testimony, a list of all documents or exhibits to be offered as evidence at the hearing, and a copy of each document or exhibit.

PART Lan 212 RECORD, PROOF, EVIDENCE AND DECISIONS

Lan 212.01 Record of the Hearing.

    (a) The board shall record the hearing by tape recording or other method that will provide a verbatim record except for a proceeding on emergency action shall be governed by RSA 541-A:30, III.

    (b) If any person requests a transcript of the taped record, the board shall cause a transcript to be prepared and, upon receipt of payment for the cost of the transcription, shall provide copies of the transcript to the requesting party.

    (c) At the request of a party to any proceeding involving disciplinary action, the record of the proceeding shall be made by a certified shorthand court reporter provided by the board at the requesting party’s expense. A request for a certified shorthand court reporter shall be filed at least 10 days prior to the hearing.

Lan 212.02 Standard and Burden of Proof The party asserting a proposition shall bear the burden of proving the truth of the proposition by a preponderance of the evidence.

Lan 212.03 Testimony; Order of Proceeding

    (a) Any person offering testimony, evidence or arguments shall state for the record his or her name, and role in the proceeding. If the person is representing another person, the person being represented shall also be identified.   

    (b) Testimony shall be offered in the following order:

(1) The party or parties bearing the burden of proof and such witnesses as the party may call;

(2) The party or parties opposing the party who bears the overall burden of proof and such witnesses as the party may call.

Lan 212.04 Evidence

    (a) Receipt of evidence shall be governed by the provisions of RSA 541-A:33.

    (b) All documents, materials and objects offered as exhibits shall be admitted into evidence unless excluded by the presiding officer as irrelevant, immaterial, unduly repetitious or legally privileged.

    (c) All objections to the admissibility of evidence shall be stated as early as possible in the hearing, but not later than the time when the evidence is offered.

    (d) Transcripts of testimony and documents or other materials, admitted into evidence shall be public records unless the presiding officer determines that all or part of a transcript or document is exempt from disclosure under RSA 91-A:5 or applicable case law.

Lan 212.05 Proposed Findings of Fact and Conclusions of Law

    (a) Any party may submit proposed findings of fact and conclusions of law to the presiding officer prior to or at the hearing.

    (b) Upon request of any party, or if the presiding officer determines that proposed findings of fact and conclusions of law would serve to clarify the issues presented at the hearing, the presiding officer shall specify a date after the hearing for the submission of proposed findings of fact and conclusions of law.

    (c) In any case where proposed findings of fact and conclusions of law are submitted, the decision shall include rulings on the proposals.

Lan 212.06 Closing the Record

    (a) After the conclusion of the hearing, the record shall be closed and no other evidence shall be received into the record, except as allowed by paragraphs (b) of this section and Lan 212.08.

    (b) Before the conclusion of the hearing, a party may request that the record be left open to allow the filing of specified evidence not available at the hearing. If the other parties to the hearing have no objection or if the presiding officer determines that such evidence is necessary to a full consideration of the issues raised at the hearing, the presiding officer shall keep the record open for the period of time necessary for the party to file the evidence for cross examination on such evidence.

Lan 212.07 Reopening the Record. At any time prior to the issuance of the decision on the merits, the presiding officer, on the presiding officer’s own initiative or on the motion of any party, shall reopen the record to receive relevant, material and non-duplicative testimony, evidence or arguments not previously received, if the presiding officer determines that such testimony, evidence or arguments are necessary to a full and fair consideration of the issues to be decided.

Lan 212.08 Decisions

    (a) A board member shall not participate in making a decision unless he or she personally heard the testimony in the case, unless the matter’s disposition does not depend on the credibility of any witness and the record provides a reasonable basis for evaluating the testimony.

    (b) If a presiding officer has been delegated the authority to conduct a hearing in the absence of a majority of the officials of the board who are to render a final decision, the presiding officer shall submit to the board a written proposal for decision, which shall contain a statement of the reasons for the decision and findings of fact and rulings of law necessary to the proposed decision.

    (c) If a proposal for decision in a matter not personally heard by the board is adverse to a party to the proceeding other than the board itself, the board shall serve a copy of the proposal for decision on each party to the proceeding and provide an opportunity to file exceptions and present briefs and oral arguments to the board.

    (d) A proposal for decision shall become a final decision upon its approval by the board.

    (e) A board shall keep a decision on file in its records for at least 5 years following the date of the final decision or the date of the decision on any appeal, unless the director of the division of records management and archives of the department of state sets a different retention period pursuant to rules adopted under RSA 5:40.

PART Lan 213 MOTION FOR REHEARING

Lan 213.01 Purpose The rules in this part are intended to supplement any statutory provisions, including RSA 541, that require or allow a person to request a rehearing of a decision of the board prior to appealing the decision.

Lan 213.02 Applicability. The rules in this part shall apply whenever any person has a right under applicable law to request a rehearing of a decision prior to filing an appeal of the decision with the court having appellate jurisdiction.

Lan 213.03 Filing and Content of Motion

    (a) A motion for rehearing shall be filed within 30 days of the date of the board decision or order.

    (b) A motion for rehearing shall:

                (1) Identify each error of fact, error of reasoning, or error of law which the moving party wishes to have reconsidered;

                (2) Describe how each error causes the board's decision to be unlawful, unjust or unreasonable, or illegal in respect to jurisdiction, authority or observance of the law, an abuse of discretion or arbitrary unreasonable or capricious.

                (3) State concisely the factual findings, reasoning or legal conclusion proposed by the moving party; and

                (4) Include any argument or memorandum of law the moving party wishes to file.

Lan 213.04 Standard for Granting Motion for Rehearing. A motion for rehearing in a case subject to appeal under RSA 541 shall be granted if it demonstrates that the board's decision is unlawful, unjust or unreasonable.

Lan 213.05 Decision on Motion for Rehearing. The board shall grant or deny a motion for rehearing, or suspend the order or decision pending further consideration within 10 days of the filing of the motion for rehearing.

PART Lan 214 RULEMAKING PUBLIC COMMENT HEARINGS

Lan 214.01 Purpose. The purpose of this part is to provide a uniform procedure for the conduct of public hearings at which comment from the general public will be solicited for evaluation and consideration by the board relative to rulemaking.

Lan 214.02 Scope.

    (a) These rules shall apply to all hearings required by state law to be conducted by the board at which public comment shall be solicited, except that they shall not apply to adjudicative hearings.   

    (b) If any requirement set by these rules conflicts with an applicable statute such other authority shall control.

Lan 214.03 Notice.

    (a) A public comment hearing concerning rulemaking shall be commenced by placing notice of the hearing in the "Rulemaking Register" so that it shall appear at least 20 days prior to the hearing date.

    (b) Notice for rulemaking public comment hearings shall comply with RSA 541-A:6, I.

    (c) Nothing in these rules shall prohibit the board from giving greater notice than the minimums set out in this part.

Lan 214.04 Media Access.

    (a) Public comment hearings shall be open to the print and electronic media.

    (b) The moderator shall place limits on the activities of the media to avoid disruption in the following ways:

(1) Limiting the number of media representatives when their presence is disproportionate to the number of citizens present and shall cause citizens to be excluded;

(2) Limiting the placement of television cameras to certain locations in the hearing room; and

(3) Prohibiting interviews from being conducted within the hearing room during the hearing.

Lan 214.05 Moderator

    (a) The hearing shall be presided over by a moderator who shall be the board chairperson or a designee.

    (b) The moderator shall:

(1) Call the hearing to order;

(2) Cause a recording of the hearing to be made;

(3) Place limits on the media to avoid disruption as set out in Lan 214.04(b);

(4) Recognize those who wish to be heard and establish the order thereof;

(5) Limit the time for each speaker, as set out in Lan 214.06(b);

(6) Remove or have removed any person who disrupts the hearing;

(7) Adjourn the hearing; and

(9) Provide opportunity for the submission of written comments.

Lan 214.06 Public Participation.

    (a) Any person who wishes to speak on the issue or issues which are the subject of the hearing shall place his or her name and address on a speakers' list before the last speaker on the list has finished speaking. All whose names appear on the speakers' list, as provided, shall be afforded reasonable time to speak at the hearing. Reasonable time shall be determined considering the number of people who wish to be heard, the time and the availability of the facility.

    (b) The board, through the moderator, shall:

(1) Refuse to recognize a person who refuses to give his or her full name and address;

(2) When a group or organization wishes to comment, limit the group to no more than 3 spokespersons, provided that the members who are present shall be allowed to enter their names and addresses into the record as supporting the position by the group or organization;

(3) Revoke recognition of a speaker who speaks or acts in an abusive or disruptive manner; or

(4) Revoke recognition of a speaker who refuses to keep his comments relevant to the issue or issues which are the subject of the hearing.

    (c) Written comments may be submitted any time from the time notice has been published until the record has been closed by the moderator, which shall not be less than 7 calendar days after the hearing.

    (d) In the event that the number of speakers who wish to give oral testimony relevant to the issue or issues involved exceed that number which can be heard within a reasonable period of time subject to facility availability and length of the hearing, the hearing shall be reconvened pursuant to applicable provisions in RSA 541-A to afford such persons the opportunity to be heard. Speakers may elect to submit written testimony in lieu of additional oral hearing.

PART Lan 215 PETITION FOR RULEMAKING

Lan 215.01 Petition for Rulemaking.

    (a) Any person may request the board to commence a proceeding for the purpose of adopting, amending, or repealing a rule by filing a written petition that contains:

(1) The text of the proposed rule or a statement of the particular results intended by the petitioner to flow from the implementation of the proposed rule;

                    (2) An identification of the particular rule sought to be amended or repealed;

                    (3) Any data or argument the petitioner believes would be useful to the  
                     board in deciding whether to commence a rulemaking proceeding; and

                    (4) Name, address, signature of petitioner and date.

Lan 215.02 Disposition of Petition.

    (a) The board shall consider all petitions for rulemaking and proceed pursuant to RSA 541-A:4. The board shall request additional data or argument from the petitioner or other interested persons to clarify the merits of the petition.

    (b) The board shall grant the petition if the petition is consistent with statute and case law and will assist the board with the regulation of the profession.

PART LAN 216 DECLARATORY RULINGS

Lan 216.01 Petitions.

    (a) Any person may request a declaratory ruling from the board on matters within its jurisdiction by filing an original and 5 copies of a petition pursuant to Eng 206.02 (b).

    (b) A petition for declaratory ruling shall also set forth the following information:

(1) The exact ruling being requested; and

(2) The statutory and factual basis for ruling, including any supporting affidavits or memoranda of a law.

Lan 216.02 Action on Petitions

    (a) The petitioner shall provide such further information or participate in such evidentiary or other proceedings as the board shall direct after reviewing the petition and any replies received.

    (b) Upon review and consideration, the board shall within 90 days rule on the petition pursuant to Lan 206.02 (d).

PART LAN 217 EXPLANATION AFTER ADOPTION

Lan 217.01 Explanation after Adoption.

    (a) Any person may request an explanation regarding adoption of the rules pursuant to RSA 310-A:11, VII by submitting a request to the board.

    (b) The request shall be considered at the next scheduled board meeting and the board shall issue a response within 45 days after consideration.

CHAPTER Lan 300 LICENSURE REQUIRMENTS

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PART Lan 301 APPLICATION REQUIREMENTS

Lan 301.01 Application Process.

    (a) Each person wishing to become licensed as a land surveyor shall submit an application form provided by the board which contains the information specified in Lan 301.02, including the application fee specified in Lan 304.01.

    (b) An application, which is not signed by the applicant, and/or is not accompanied by cash or a valid check for the application fee, shall not be accepted and shall be returned to the applicant.

    (c) A person whose application for licensure does not meet the requirements specified in RSA 310-A:63 shall be denied.

    (d) If the application is denied, the applicant shall be provided an opportunity to request a hearing for reconsideration pursuant to Lan 213 on the deficiency issues identified by the board. Any such request shall be made in writing and submitted to the board within 30 days of the receipt of the notification of denial.

    (e) Applications which are abandoned or about which there has been no communication by the applicant to the board for one year shall be destroyed.

Lan 301.02 Application for Licensure.

    (a) Each applicant for licensure shall provide, or cause to be provided, the following on or with a form supplied by the board:

                        (1) The applicant’s name, including any names previously used;

                        (2) The applicant’s residence and business addresses and telephone
                         numbers;   

                        (3) The applicant’s date and place of birth;

    (4) The applicant’s positions, dates of employment, type of
     services provided, title, and present address of all
     employers/clients referenced;

(5) Position title and description of duties for each position including types of work performed and degree of responsibility;

(6) Name and present address of someone familiar with each position listed in (5) above;

(7) The applicant’s educational history including:

a. The names of all high school and post-secondary institutions attended;

b. The dates of attendance and degrees awarded; and

c. Certified copies of transcripts from all post-secondary institutions attended;

(8) A listing of every state in which the applicant holds or has ever held registration/licensure as a land surveyor;

(9) Whether the applicant still holds the registrations/licenses listed in (8) above and if not, the reasons why;

(10) Whether the applicant has ever lost or been denied registration /licensure as a land surveyor or disciplined by another licensing board in any other state and if so, an explanation of the circumstances;

(11) Whether the applicant has ever taken the NCEES Fundamentals of Surveying examination, and if so, the location, date and grade awarded;

(12) Whether the registrations/licenses listed in (8) above as a land surveyor were issued by examination and if so, the locations, dates and grades awarded;

(13) Whether the applicant has ever been convicted of any felony or any misdemeanor, or a violation involving land surveying or the practice of land surveying and if so, the name of the court, the details of the offense and the date of conviction and the sentence imposed;

(14) The names, complete addresses, occupation and business relationship with the applicant of 5 references as specified in Lan 301.03.

(15) A list of current memberships in professional or scientific societies which shall include name of organization, location, grades and dates of memberships and any additional experience information the applicant wishes to provide.

(16) The applicant’s signature.

    (b) Applicants shall pay the application fee specified in Lan 304.01.

Lan 301.03 References Required. Each applicant for licensure shall provide the board
with the names and addresses of not fewer than 5 individuals, not related to the applicant, as references. At least 3 shall be licensed land surveyors having detailed knowledge of the applicant's land surveying experience. The board shall contact any individuals, companies, or institutions whose names appear in any part of the completed application, if information submitted is unclear.

Lan 301.04 Information from References.

    (a) The person providing the reference shall be requested to provide the following on a form supplied by the board:

                (1) The applicant’s name;

                (2) The reference’s name and address, relationship to the applicant, status as a
                 land surveyor as defined by RSA 310-A:54;

                (3) A brief description of the reference’s knowledge of the applicant’s
                 qualifications in the practice of land surveying; and

                (4) Signature of reference and date.

    (b) No reference form shall be accepted except submissions made directly to the board by the person completing said form.

Lan 301.05 Additional References. The applicant shall provide the names and addresses of additional references if the original information provided by the references is unclear, incomplete, contradictory or outdated.

Lan 301.06 Certificate of Authorization Application.

    (a) Application forms for land surveying corporations, partnerships and proprietorships shall be provided by the board upon request.

    (b) Pursuant to RSA 310-A:65-a, the land surveying company shall submit a completed typewritten application form.

    (c) The applicant shall provide the following on the application form:

                (1) Complete name and address of the corporation, partnership or
                 proprietorship;

                (2) Location of New Hampshire branch offices;

                (3) Name and addresses of officers or partners;

                (4) Names, addresses, New Hampshire land surveyor license number, status
                 and signature of personnel responsible for all land surveying activities and
                 decisions;

                (5) Names, addresses, New Hampshire land surveyor license number, status
                 and signature of other personnel acting for the corporation or partnership as a
                 licensed land surveyor; and

                (6) The signature of a person or persons legally authorized to sign for the
                 corporation, partnership or proprietorship.

    (d) The completed form shall be submitted to the joint board office with the appropriate fee, check made payable to "Treasurer, State of N.H."

PART Lan 302 QUALIFICATIONS OF APPLICANTS

Lan 302.01 Terms Used. As used in these rules, the following terms shall have the meanings indicated:

    (a) "Control survery" means a survey which provides horizontal or vertical position data for the support or control of subordinate surveyors or for mapping.   

    (b) "Error of closure" means the amount by which a value of the position of a traverse station, as obtained by computation through a traverse, fails to agree with another value of the same station as determined by a different set of observations or route of survey.

    (c) "Parol Evidence" means evidence that is given by word of mouth.

    (d) "Perpetuation" means to bring about or to carry out.

    (e) "Priority of calls" means the relative ranking of competing claims to the same property.

    (f) "Subdivision" means an unimproved tract of land surveyed and divided into lots for purposes of sale.

    (g ) "Traverse" means a method of surveying in which lengths and directions of lines between points on the earth are obtained by or from field measurements, and used in determining positions of the point.

Lan 302.02 Candidate Requirements.

    (a) Candidates for licensure shall meet the requirements established by RSA 310-A:63 before a license shall be granted. The board shall require documentation of the applicant's education and work products to help determine competency. Applicants shall appear for a personal interview with the board or designee if their records of education or experience are unclear, contradictory or incomplete to enable the board to make an informed decision.

    (b) The candidate shall have committed no misconduct as set forth in RSA 310-A:70.
The board shall consider all available evidence for all candidates for licensure, prior to granting a license. Substantiated evidence of failure to adhere to the ethical standards of the profession or misconduct as set forth in RSA 310-A:70 shall, after notice and opportunity for hearing, result in denial of licensure to any candidate .

Lan 302.03 Experience Requirements.

    (a) As required by RSA 310-A:63, as minimum evidence satisfactory to the board that a person is qualified to be considered for licensing as a professional land surveyor, he/she shall have a specific record of 6 years or more accumulated experience in land surveying work.

    (b) Candidates enrolled in college or a university pursuing a curriculum of surveying, engineering, forestry, or forestry technician provided that the applicant has successfully completed at least one course in land surveying during enrollment, shall be credited with one year land surveying experience. Total education credits claimed towards the experience required pursuant to Lan 302.03 (a) under this section shall not exceed 4 years’ accumulated experience.

    (c) Professional experience shall be attained while under the direct full-time supervision of  a licensed land surveyor, and consist of 2 years’ demonstrated proficiency in the following areas:

                (1) Performing and being responsible for research;

                (2) Coordination of field surveys and field crews;

                (3) Computations;

                (4) Boundary line determinations;

                (5) Preparation of plans; and

                (6) Monumentation of surveyed positions.

    (d) Experience shall be progressive on land surveying projects to indicate that the experience is of increasing quality and requiring greater responsibility.

    (e) Experience shall not be obtained in violation of RSA 310-A:53.

    (f) Experience gained in the armed services, to be creditable, shall be of a character equivalent to that which would have been gained in the civilian sector doing similar work.

    (g) Experience shall be gained under the supervision of a licensed land surveyor and if not, an explanation shall be made showing why the experience should be considered acceptable.

    (h) Teaching experience to be creditable shall be at an advanced level in land surveying curriculum.

    (i) A majority of the experience of the candidate shall be spent in charge of work related to property conveyance and/or boundary line determination.

Lan 302.04 Additional Requirements Each applicant shall demonstrate to the board by submission of a professional portfolio/resume, documentation of compliance with RSA 310-A:63, I in the following areas:

    (a) The applicant shall submit examples of his/her work in project management in the following areas:

(1) Initial review of project and potential problems;

(2) Consultations with clients/owners and/or clients' agent;

(3) Determining procedures to comply with ethical conduct and precision requirements;

(4) Planning for and supervision of field reconnaissance procedures;

(5) Contacting adjacent land owners regarding boundary and/or entry rights;

(6) Determining regulatory requirements of and designing subdivision developments; and

(7) Making application for and receiving approvals from various government agencies.

    (b) The applicant shall submit examples of his/her work in research in the following areas:

(1) Researching subject title and abutting title deeds and record plans at county registry of deeds;

(2) Researching applicable probate court records as necessary;

(3) Researching road, railroad and utility plans and records;

(4) Researching governmental records, rules, regulations, and statutes;

(5) Researching documents not recorded at the county courthouse, such as survey notes and plans, aerial photographs, and ancient plats;

(6) Consulting with other surveyors of the area;

(7) Recording parol evidence in field notes;

(8) Researching court records and reports; and

(9) Researching assessors' records.

    (c) The applicant shall submit examples of his/her work in field survey in the following areas:

(1) Performing boundary surveys;

(2) Performing topographic, title insurance, subdivision, probate court partition, route or right-of-way, or as-built surveys; and

(3) Performing control surveys.

    (d) The applicant shall submit examples of his/her work in computations in the following areas:

(1) Computing coordinate values, computing and reviewing error of closure, and adjusting traverses;

(2) Computing areas and/or volumes; and

(3) Preparing worksheets of surveys for final drafting and to assist boundary determinations.

    (e) The applicant shall submit examples of his/her work in legal principles/reconciliation/boundary determination in the following areas:

(1) Reconciling researched records with field data and evidence;

(2) Identifying boundary line discrepancies and reconciling conflicting deed descriptions;

(3) Considering evidence of possession, potential adverse possession claims, priority of calls, and littoral boundaries;

(4) Determining location of easements;

(5) Analyzing and evaluating (a) – (e);

(6) Determining boundary line locations; and

(7) Advising clients regarding boundary uncertainties.

    (f) The applicant shall submit examples of his/her work in perpetuation in the following areas:

                                        (1) Setting of monuments;

                                        (2) Preparing boundary survey maps;

                                        (3) Preparing legal descriptions;

(4) Preparing client reports explaining problems and possible solutions as necessary;

(5) Documenting in project files the base of boundary decisions and possible adverse claims; and

(6) Preparing subdivision, topographic, right-of-way, as-built and condominium plans as appropriate.

Lan 302.05 Business Organization Certificate Requirements.

    (a) Business organizations offering land surveying services in the state of New Hampshire shall obtain a certificate of authorization for a business organization. Failure to obtain or renew a valid certificate of authorization by a land surveying corporation, partnership or proprietorship shall result in disciplinary action pursuant to RSA 310-A:70.

    (b) A land surveying corporation, partnership or proprietorship shall meet the requirements established pursuant to RSA 310-A:53 V. For the purpose of complying with the statute, full time is defined as being on the premises or on-call whenever New Hampshire based land surveying is being performed.

    (c) No licensed land surveyor shall be designated as a supervising professional by more than one firm, except in the case of a full or part-time secondary occupation or employment by a firm which is totally owned by one or more of the licensed land surveyors whose license is used to qualify the firm for certification as a business organization.

PART Lan 303 EXAMINATION

Lan 303.01 Examination Requirements.

    (a) The board shall hold written examinations semi-annually in April and October on dates set by the National Council of Examiners for Engineering and Surveying as follows:

                (1) The surveyor-in-training examination shall be held at the University of New
                 Hampshire, Durham, New Hampshire at 8:00 a.m.

                (2) The principles of land surveying and the New Hampshire legal aspects
                 examination shall be held at an available facility in Concord, New Hampshire
                 at 8:00 a.m.

    (b) All applicants shall be required to pass the fundamentals of land surveying examination and the professional land surveyor's examination as prepared and graded by the National Council of Examiners for Engineering and Surveying, and the New Hampshire legal aspects examination as prepared and graded by the New Hampshire board of licensure for land surveyors. The New Hampshire legal aspects examination shall test the applicant's knowledge of New Hampshire statute and case law and the practice of land surveying in New Hampshire.

    (c) Applications, supporting documentation and the fee required pursuant to Lan 304.01 shall be received in the board office by January 1st for the April examination and August 1st for the October examination.

Lan 303.02 Re-examinations.   effective 8/7/07

            (a) A candidate failing an examination may apply for re-examination at the expiration of 6 months, and shall pay an additional exam fee.

            (b) Before subsequent re-examination shall be granted a candidate failing the examination 3 times shall submit proof of compliance with any 2 combinations of (1) (2) or (3) below:

                (1) An advanced survey course presented by a professional association or,
                 college with a passing grade where grades are awarded or attendance
                 verification where grades are not awarded;

                (2) A written report of study of a textbook relevant to the practice of land
                 surveying submitted to the board which shall meet the following criteria for
                 review and approval:

a. Acceptable textbooks shall include technical or ethical content relevant to the practice of land surveying;

                        b. A written report which shall include:

                            1. A detailed description of the particular aspect of land surveying
                             covered by the textbook studied;

                            2. A detailed description of the content of the textbook as it relates
                            to land surveying principles and procedures; and

                            3. A detailed description of the practical application of the technical or
                             ethical content of the textbook studied.

(3) A written report of one on one independent study, with supervision and
     verification by a licensed land surveyor, submitted to the board which
     includes the following for review and approval:

                        a. Licensee name and license number;

                        b. A certification signed by the licensee of supervision of the candidate;

                        c. A written report which shall include:

1.     A detailed description of the independent study as it relates to land surveying principles and procedures; and

2.     A detailed description of the practical application of the technical or ethical issues studied.

            (c) On the job training, and/or day to day work as a land surveyor-in-training shall not be considered to meet the requirements of Lan 303.02 (b).

            (d) A candidate shall submit proof of additional compliance before subsequent re-examination shall be permitted if the candidate fails to pass the examination after demonstrating compliance with Lan 303.02 (b).

Lan 304.01 Fees.

            (a) All fees shall be in the form of cash, money order, bank draft, credit card or check made payable to Treasurer, State of New Hampshire and shall be
non-refundable.

Lan 304.02 Application/Licensure Fees. The fees shall be as follows:

    (a) The application fee for licensure as a land surveyor shall be $100.00;

    (b) The fee for the professional land surveyors exam shall be $175.00;

    (c) The application fee for certification as a surveyor in training shall be $50.00;

    (d) The fee for the fundamentals of land surveying exam and each re-exam shall be $85.00;

    (e) Re-exam fees shall be same as initial exam fee indicated in Lan 304.02(b), (d) and (h).

    (f) The fee for the application for a certificate of authorization shall be $25.00 for a proprietorship,
$50.00 for a corporation and a partnership.

    (g) The fee for verification of licensure shall be $15.

    (h) The fee for the New Hampshire legal aspects exam shall be $100.00.

Lan 304.03 Replacement Fee. The fee for replacement of lost or mutilated certificate of licensure shall be $25.00.

Lan 304.04 License Renewal Fee. The biennial license fee shall be $120.00. If the renewal fee is not received by the date of expiration, there shall be a reinstatement fee of $24.00 per month assessed.

Lan 304.05 Surveyor In Training. The renewal fee for certification as a surveyor in training shall be $40.00.

Lan 304.06 Certificate of Authorization Renewal fee. The annual renewal fee for proprietorships shall be $25.00, $50.00 for partnerships or corporations.

Lan 304.07 Retired Status Fee. The biennial fee for retired status shall be $10.00.

PART Lan 305 CREDENTIALS

Lan 305.01 License. An applicant for licensure as a licensed land surveyor, who has met satisfactorily all the requirements of RSA 310-A and who has paid all applicable fees, shall be issued a license by the board authorizing the practice of land surveying.

Lan 305.02 Pocket Cards. Biennially, the board shall issue a pocket card upon acceptance of the biennial renewal form and fee. The card shall certify that the land surveyor holds a license in good standing and is authorized to practice land surveying to the date of expiration as shown on the card.

Lan 305.03 Licensed Land Surveyor Seal/Stamp.

    (a) Upon issuance of a license to an applicant as a licensed land surveyor, the licensee shall obtain an impression type seal or rubber stamp of the design specified by these rules. This seal shall bear the licensee's name and number as shown on the license. This seal and original signature shall be affixed on all final plans, legal descriptions and reports of survey prepared by the licensee.

    (b) The seal shall consist of 2 squares with the outer square 1-9/16 inches and the inner square 1-1/2 inches. In the space inside the inner square shall be a transit within the full name of the licensee and the license number written horizontally. On the left side of the transit the words "State of New Hampshire shall appear, and on the right side of the transit the words "Licensed Land Surveyor." At the bottom of the stamp there shall be a line for the licensee's signature pursuant to figure 306-1.

Figure 306-1 Land Surveyor Seal

 (see official version of rules for seal impression)

    (c) It shall be a violation of these rules for the licensee to stamp or seal any documents with the licensee's seal after the license has expired or been revoked, or while the license is under suspension. It shall be a violation of these rules for the licensee to stamp or seal any document not prepared by the licensee personally or under the licensee's direct supervision.

CHAPTER Lan 400 CONTINUED STATUS

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PART Lan 401 RENEWAL

Lan 401.01 License Renewal.

    (a) Licenses shall expire on the last day of the biennial anniversary of the birth month of the licensee. The board shall notify each land surveyor one month prior to expiration of his/her license.

    (b) Licensees who fail to renew their license after 12 months shall be required to reapply and be reexamined for licensure.

Lan 401.02 Renewal Application. Each applicant for license renewal shall provide, or cause to be provided, the following on a form supplied by the board:

    (a) The applicant’s full name;

    (b) The applicant’s business address and telephone number;

    (c) The applicant’s home address and telephone number;

    (d) Documentation that the applicant has complied with the continuing education requirements of Lan 402;

    (e) A statement fully describing any disciplinary or legal action brought against the applicant for his/her services as a land surveyor;

    (f) A statement indicating whether the applicant has adhered to the ethical and professional standards of Lan 500;

    (g) A representation that the applicant acknowledges that the provision of false information recklessly provided in the application is a basis for disciplinary action by the board.

    (h) The applicant’s signature and date.

Lan 401.03 Denial of Renewal.

    (a) Renewal shall be denied if, after notice and an opportunity for hearing, the board finds:

                    (1) Noncompliance with the continuing education requirements of Lan 403;

                (2) Any unethical act for which discipline shall be imposed under Lan 500;

                (3) Reasons for which an initial application could be denied;

                (4) Failure to file a renewal application within 12 months of license expiration.

    (b) The board shall notify the applicant of any deficiencies in the renewal application within 60 days of acceptance for filing. Failure to remedy the deficiencies within 60 days shall result in denial of the renewal application. An application shall be considered on file with the board when all deficiencies are corrected; or

Lan 401.04 Certificate of Authorization Renewal. Certification of authorization for the practice of land surveying shall expire on December 31 each year. In November each year a renewal application shall be sent to all land surveying corporations, partnerships and proprietorships to be completed and returned to the board office.

Lan 401.05 Certificate of Authorization Renewal Application.

    (a) Each applicant for renewal of the certificate of authorization renewal shall provide, or cause to be provided, the following on a form supplied by the board:

(1) Complete name and address of the corporation, partnership or proprietorship;

(2) Names and addresses of officers or partners;

(3) Names, addresses, land surveyor license numbers, status and signatures of personnel responsible for all land surveying activities and decisions;

(4) Names, addresses, land surveyor license numbers, status and signature of other personnel acting for the corporation or partnership as a licensed land surveyor; and

(5) The application shall be signed by person or persons legally authorized to sign for the corporation, partnership or proprietorship.

    (b) The completed form shall be submitted to the Joint Board office with the appropriate fee, check made payable to: Treasurer, State of N.H.

PART Lan 402 DISCIPLINARY MATTERS effective 8/7/07

            Lan 402.01 Initiation of Disciplinary Action. The board shall undertake misconduct investigations, settle misconduct allegations, or undertake
disciplinary hearings, in response to any information which reasonably suggests that a licensee has engaged in professional misconduct.

            Lan 402.02 Disciplinary Sanctions.

            (a) Other than immediate license suspensions authorized by RSA 541-A:30, III the board shall impose disciplinary sanctions only:

                (1) After prior notice and an opportunity to be heard; or,

                (2) Pursuant to a mutually agreed upon settlement or consent decree;

            (b) When the board receives notice that a licensee has been subjected to disciplinary action related to professional conduct by the licensing
authority of another jurisdiction, where the license was not reinstated, the board shall issue an order directing the licensee to demonstrate why reciprocal
discipline should not be imposed in New Hampshire.

            (c) In a disciplinary proceeding brought on the basis of discipline imposed in another jurisdiction, a licensee shall be subject to any disciplinary
sanction authorized by RSA 310-A:70, III.

            (d) After a finding that misconduct has occurred, the board shall impose one or more of the disciplinary sanctions authorized by RSA 310-A:70, III,
after considering the presence of aggravating or mitigating circumstances.

            (e)        The following shall be considered aggravating circumstances:

                        (1) The seriousness of the offense;

                        (2) Prior disciplinary record;

                        (3) State of mind at the time of the offense;

                        (4) Lack of willingness to cooperate with the board; and

(5)    Potential harm to public health and safety.

(f)                 The following shall be considered mitigating circumstances:

(1)    Absence of a prior disciplinary record;

(2)    State of mind at the time of the offense;

(3)  Willingness to cooperate with the Board;

(4)  Acknowledgement of his or her wrongdoing; and

                        (5) Purpose of the rule or statute violated;

             (g) No hearing date established in a proceeding conducted under Lan 402.02 shall be postponed at the request of the licensee unless the licensee also agrees to continue the suspension period pending issuance of the board’s final decision.

            (h) Copies of board orders imposing disciplinary sanctions and copies of all settlement agreements or consent decrees shall be sent to the licensing body of each state in which the licensee is licensed and to such other entities, organizations, associations, or boards as are required to be notified under applicable state or federal law.

            Lan 402.03 Disciplinary Fines

            (a) When persons subject to the board’s disciplinary authority are directed to pay fines in accordance with Lan 404.02(d),
such fines shall be assessed in accordance with the factors stated in Lan 404.02(d) and the following additional considerations:

(1) The cost of any investigation or hearing conducted by the board; and

                                    (2) The licensee's ability to pay a fine assessed by the board.

            (b) No disciplinary fine imposed by the board shall exceed the following amounts:

                        (1) When no violation of the same type has occurred within the 5 years 
                        preceding the board's notice to the licensee, the fine assessed shall not
                        exceed $50.00 per day or $1000.00 per offense, whichever is greater;

                        (2) When a single disciplinary infraction of the same type has occurred
                        within the 5 years preceding the board's notice to the licensee, the fine
                         assessed shall not exceed $75.00 per day or $1,500 per offense,
                        whichever is greater;

(3) When more than one disciplinary infraction of the same type has occurred
            within the 5 years preceding the board's notice to the licensee, the fine assessed
              shall not exceed $100.00 per day or $2,000 per offense,
            whichever is greater; and

                        (4) In the case of continuing violations, a separate fine shall be assessed
                        for each day the violation continues, but the total amount of the fine and
                        the licensee's promptness and cooperativeness in ceasing the prohibited
                        conduct in question shall be considered in assessing the daily fines.

            (c) A single course of continuing conduct shall be treated as a single violation for purposes of (b) above.

            Lan 402.04 Procedures for Assessing Administrative Fines

            (a) Payment of an administrative fine shall be included among the options available for settling disciplinary allegations,
and shall be included among the types of disciplinary sanctions imposed after notice and hearing.

            (b) In cases where the board initially intends to limit disciplinary sanctions to an administrative fine, the board shall
issue a notice of apparent liability describing the alleged offense, stating the amount of the assessed fine, and notifying the
alleged offender that he or she shall pay or compromise the fine by a date certain or request that an administrative hearing
be held. If a hearing is requested, the notice of apparent liability shall be withdrawn and a notice of hearing shall be issued.

            (c) Nonpayment of a fine by a licensee in contravention of an order, agreement or promise to pay, shall be a
separate ground for discipline by the board, and a basis for denying a subsequent license application, a basis for
judicial action seeking to collect the fine.

PART Lan 403 CONTINUING EDUCATION

Lan 403.01 Minimum Standards for Renewal of License.

    (a) As required by RSA 310-A:68, each licensee shall provide evidence of continued education prior to receiving a license renewal.

    (b) The minimum number of continuing education units (CEUs) as set forth in Lan 403.03 shall be 8 per biennium.

Lan 403.02 Record Keeping.

            (a) Maintaining records to be used to support continuing education hours claimed shall be the responsibility of the licensee.

            (b) Records shall contain at least the following documentation:

                        (1) A log showing:

                                    a.  The type of activity claimed;

                                    b.  Sponsoring organization;

                                    c.  Address of the sponsoring organization;

                                    d.  The name of a contact person;

                                    e.  Location;

                                    f.   Instructor's or speaker's name and title, and

                                    g.  Number of continuing education hours earned;

                        (2) Attendance verification records in the form of completion certificates
                         or other documents supporting evidence of attendance such as:

                                    a.  Signed attendance receipts;
                                    b.  Paid receipts;
                                    c.  A copy of a listing of attendees signed by a person
                                    responsible for course or program or the course or program provider; and

                                  (3) Written confirmation of appointment to a board, commission,
            committee in support of credits under 403.03 for licensees claiming
            continuing education credit for these activities.

          (c) The licensee shall retain attendance verification records for a period of at least 3 years. Such documentation shall be made available to the board for random audit, verification purposes or both. Documentation shall support continuing education hours claimed. Failure to provide documentation for audit verification shall result in disciplinary action.

          (d) Not less than 10 percent of the licensees shall be randomly selected each year by the board for compliance with Lan 403.01.

Lan 403.03 CEU Credits. Continuing education units shall be credited as follows:

    (a) Verified membership and participation in a national, regional or state land surveyor society or association provided the licensee attends 50% of the meetings shall receive one CEU per year, with a maximum of 2 CEUs per biennium.

    (b) Serving as an officer or committee chairman in a national, regional or state land society or association shall receive one CEU per year, with a maximum of 2 per biennium.

    (c) Serving on committee in a national, regional or state land society or association shall receive 0.5 CEU per year, with a maximum of one per biennium.

    (d) Serving on a land surveying board shall receive 1.5 CEUs per year, with a maximum of 3 per biennium;

    (e) Serving as an officer or chairman on a land surveying board shall receive 0.5 CEUs per year, with a maximum of one per biennium;

    (f) Verified membership and participation in an additional national, regional or state land surveyor society or association with a minimum of 50% attendance at meetings shall receive 0.5 CEUs per year, with a maximum of one per biennium;

    (g) Serving as an officer or committee chairman in an additional national, regional or state land surveyor society or association shall receive one CEU per year, with a maximum of 2 per biennium;

    (h) Activity of special service to the profession, including but not limited to teaching and publication, shall receive a maximum of 6 CEUs per biennium as follows:

(1) The active, full time teaching of land surveying at the college level, shall not qualify for continuing education credits;

(2) Teaching a workshop or seminar which is directly related to land surveying or professional development shall be credited as one CEU per every 2 hours of actual teaching time, not to include preparation time and only applicable to first time seminars; and

(3) Presentation and/or publication of a professional paper shall be credited as 3 CEU’s for first time offerings.

    (i) Completion, with a passing grade where grades are awarded, of educational courses related to land surveying, including board or land surveyor society approved seminars, shall receive one CEU for each 4 hours of participation and the following be submitted to the board;

                    (1) Date of event;

                    (2) Title;

                    (3) Agenda;

                    (4) Name and title of instructors;

                    (5) Sponsoring organization

                    (6) Course description;

                    (7) Contact hours; and

                    (8) The name of a contact person.

    (j) Carry over credits shall be granted for any college or university semester or trimester credit courses related to land surveying, not to exceed 4 CEU’s per biennium; and

    (k) Archiving land surveyor records shall receive not more than 4 CEU’s per collection, with a maximum of 6 CEU’s per biennium and the following be submitted to the board:

                    (1) A report of the project;

                    (2) The name of the individuals involved in the archiving;

                    (3) The name and number of the records to be archived;

                    (4) The place where the records will be stored;

                    (5) The approximate number of hours worked and number of CEU’s
                     requested;

                    (6) A copy of the index;

                    (7) A certification by the official agency receiving the archived record.

    (l) CEU’s shall not be awarded for archiving land surveyor records for pay or profit.

Lan 403.04 Exemptions A licensee may claim exemption from the continuing education requirements for any of the following reasons:

    (a) A licensee serving on temporary active duty in the armed forces of the United States for a period of time exceeding 120 consecutive days in a year shall be exempt from obtaining the professional development hours required during that year and

    (b) Licensees experiencing disability, illness, or other extenuating circumstances which would prevent the licensee from completing professional development hours required, shall apply in writing to the board for specific exemption. Relevant supporting documentation shall be furnished to the board.

Lan 403.05 Waiver of Continuing Education Deadline. A licensee may request
waiver of continuing education deadlines provided that a petition to that effect is filed at least 30 days before the expiration of the biennial continuing education period in question, or that late filing is justified by a showing of good cause and not merely neglect. Good cause shall include a serious accident, illness or other circumstances beyond the control of the licensee which actually prevents the licensee from satisfying the continuing education requirements. No waiver petition shall be granted which does not propose a specific timetable for completing specific courses, which will meet the petitioner’s continuing education unit deficiency.

Lan 403.06 Noncompliance. Failure to complete continuing education requirements in a timely fashion, or failure to submit documentation which establishes that said requirements were so completed, shall after notice and opportunity for hearing, result in disciplinary action unless a waiver petition has been timely filed and duly granted by the board.

CHAPTER Lan 500 ETHICAL STANDARDS

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PART Lan 501 CODE OF ETHICS

Lan 501.01 Purpose and Scope.

    (a) To establish and maintain a high standard of integrity, skills and practice in the profession of land surveying, the following rules of professional conduct are adopted in accordance with RSA 310-A, and shall be binding upon every person holding a land surveyor's license.

Lan 501.02 Obligation to Obey.

    (a) The ethical standards set forth in this part shall bind all licensees, and violation of any such standard shall result in disciplinary sanction.

    (b) All persons licensed under RSA 310-A shall be considered to have knowledge of the existence of these rules of professional conduct and to be familiar with their several provisions. Such knowledge shall encompass the understanding that the practice of land surveying is a privilege, as opposed to a right, and the licensed land surveyor shall be required to be forthright and candid in his/her statements or written response to the board or its representatives on matters pertaining to