Current through Register Vol. XLI, No. 50, December 13, 2024
Section 23-1-5 - Survey Certificates and License5.1. Certificates and Licenses Generally. 5.1.a. When a certificate or license is lost, stolen, destroyed or mutilated, the Board may issue a duplicate certificate or license upon written request by a licensee in good standing and a payment of a fee as set forth in 23CSR4 et seq.5.1.b. A licensee or certificate holder is required to notify the Board within thirty (30) days of any change in name, address, employment, or other relevant information.5.2. Surveyor Intern Certificate. 5.2.a. Whenever the Board finds that an applicant has passed the FS examination, it shall issue a SI certificate which shall contain the legal name of the SI, the SI number assigned by the Board and the expiration date. All certificates shall expire ten (10) years from the passing date of the FS examination and cannot be renewed.5.2.b. A certified SI shall display the certificate issued by the Board at his or her principal place of employment.5.2.c. A person holding a SI certificate is not required to pay any fees other than the application and examination fees or a replacement certificate fee as set forth in 23CSR4 et seq.5.2.d. Pursuant to W. Va. Code § 30-13A-1 et seq., a surveyor-in-training recognized by the Board prior to the first (1st) day of July, 2004 shall for all purposes be considered a Surveyor Intern under this section.5.3. PS License and Certificate. 5.3.a. Whenever the Board finds that an applicant meets all of the requirements for a license to engage in the practice of surveying, it shall issue the certificate of licensure and the annual license.5.3.b. All licenses, whether original or renewal, expire on the thirtieth (30th) day of June following the date of issuance or renewal and are placed in delinquent status without hearing after that date unless renewed in accordance with subsection 5.4 below.5.3.c. A licensee shall display the annual license issued by the Board at his or her principal place of practice.5.3.d. The Board will maintain a current record of those licenses that are in active, inactive, or delinquent status. The licenses that have been voluntarily surrendered or in retired, expired or deceased status will be kept as a sedentary record. Sedentary records will not receive renewal mailings or other relevant information from the Board.5.3.e. A wallet card shall be issued simultaneously with the annual license, to be kept on the licensee's person.5.4. PS License Renewal. 5.4.a. The Board shall mail to the last known address of every active, inactive, or delinquent licensee, at least thirty (30) days prior to the July first (1st) expiration of a license, notice of the expiration date and the amount of the renewal fee.5.4.b. A licensee may renew a license without examination upon meeting the continuing education requirements as set forth in 23CSR2 et seq. and submitting an application for renewal on a form prescribed by the Board and payment to the Board of an annual renewal fee as set forth in 23CSR4 et seq.5.4.c With supporting documentation, active or inactive licensees may request exemption from the license renewal fee in the following instances: serving on active duty in the Armed Forces of the United States; experiencing physical disability; illness; or other extenuating circumstances.5.4.d. The Board may deny any application for renewal for any reason that would justify the denial of an original application for a license.5.5. PS License Status. 5.5.a. Active Status. A licensee is current in all the licensing requirements and is authorized to practice as a professional surveyor and be in professional charge.5.5.b. Delinquent Status. If a license is not renewed when due it immediately falls into "delinquent" status. The fee shall increase by twenty percent (20%) for each month or fraction of a month that the renewal fee is not paid, up to a maximum of thirty-six (36) months.5.5.c. Expired Status. If a license is not renewed for a period of thirty-six (36) months it immediately falls into "expired" status and may not be renewed. The fact that a license cannot be renewed because of the expiration of a period of thirty-six (36) months may not prevent a person from making application for a new license by meeting all the education, experience, and examination requirements in effect at the time of submitting a new application.5.5.d. Inactive Status. Licensees may apply or reapply for "inactive" status while in active or delinquent status and must pay the annual renewal fee for licensure and any requisite late fees accrued for the license period.5.5.d.1. The Board shall issue an annual license card noting "Inactive Status" to qualifying applicants.5.5.d.2. Inactive licensees are not permitted to practice as a professional surveyor or be in professional charge.5.5.d.3. Licensees in inactive status are not required to maintain professional development hours (PDHs); however, an inactive licensee who elects to return to the active practice of surveying shall acquire PDHs for up to a maximum of two (2) years' requirements as set forth in 23CSR2 et seq.5.5.d.4. Licensees in inactive status for four (4) years or more must meet the quadrennial requirements for mandatory continuing education for minimum standards and ethics as set forth in 23CSR2 et seq. within the first year of returning to active status.5.5.e. Retired Status. 5.5.e.1. Licensees who apply for "retired" status shall satisfy the following requirements at the time of application: 5.5.e.1.A. Licensee shall be in active or inactive license status.5.5.e.1.B. Licensee shall be at least sixty-five (65) years of age, or older, or have a documented physical disability or debilitating illness. Licensees applying for retirement shall be in good standing with the Board before the application will be given consideration.5.5.e.1.C. Licensee shall certify in writing to the Board that they are no longer practicing as a professional surveyor and agree not to be in professional charge of survey related work in West Virginia.5.5.e.2. The change in status will be in effect once the application is approved by the Board which will issue a certificate noting the honorific title of "Professional Surveyor, Retired." Licensees that has been granted honorific retired status may use the title "Professional Surveyor, Retired" or "P.S., Retired" but only within the restrictions as set forth in the W. Va. Code and this rule.5.5.e.3. Licensees in retired status will not be required to pay an annual renewal fee.5.5.e.4. Licensees in retired status will not be required to meet the continuing education requirements set forth in 23CSR2 et seq.5.5.e.5. Licensees in retired status who elect to return to the active practice of surveying shall provide a written explanation to the Board justifying their need to be reinstated to active status and satisfy one of the following requirements: 5.5.e.5.A. Licensees who have been in retired status for less than five (5) years shall acquire delinquent professional development hours (PDHs) for each year retired, up to a maximum of two (2) years' requirements as set forth in 23CSR2, and shall pay the current license renewal fee.5.5.e.5.B. Licensees who have been in retired status for five (5) years or more, except those licensees approved for early retirement due to physical disability or debilitating illness, shall be required to meet all the education, experience and examination requirements in effect at the time of application.5.5.e.6. The change in status will be in effect when all fees are paid and all requirements are met by the licensee.5.5.e.7. Licensees in retired status for four (4) years or more shall meet the quadrennial requirements for mandatory continuing education for minimum standards and ethics as set forth in 23CSR2 et seq. within the first year of returning to active status.5.5.f. Voluntarily Surrendered Licenses.5.5.f.1. Licensees who choose to voluntarily surrender their license may do so at any time and shall return their license to the Board and upon receipt by the Board shall be placed in expired status.5.5.f.2. A person who has voluntarily surrendered their license will not be permitted to practice as a professional surveyor or be in professional charge in West Virginia.5.5.g. Deceased Status. The Board shall place any license or endorsements in deceased status when it learns the licensee has passed away.