435 R.I. Code R. 435-RICR-00-00-1.5

Current through December 26, 2024

Section 435-RICR-00-00-1.5 - Examinations and Re-Examinations

A. Land Surveyors Registration Examination

1. Notification of Examination - Each applicant will receive written notification from the Board of the time and place of any examination for which he or she has applied and is eligible. Each candidate shall promptly notify the Board of his or her intention either to appear or not appear for the examination. Failure to so notify the Board may result in loss of eligibility for that particular examination.

2. Evaluation of education and Experience / Training credits shall be at the discretion of the Board and in general accordance with NCEES criteria.

3. All applicants are required to comply with such requirements for taking the Land Surveyors Registration Examination as shall be established by NCEES and the Board.

4. The Land Surveyors Registration Examination will be given to all applicants qualifying under R.I. Gen. Laws § 5-8.1-9.

5. The Land Surveyors Registration Examination shall be taken and successfully passed by all applicants.

6. The scope, dates, times and location(s) of the Land Surveyors Registration Examination are established by the Board in conjunction with NCEES.

7. The minimum-passing grade in all subjects of the Land Surveyors Registration Examination shall be as established by the Board and NCEES.

8. Anyone who receives a score of less than 50% on any portion of the examination may not apply for re-examination for at least one (1) year from the date of the failed examination. Anyone failing three (3) times shall be interviewed by the Board before he or she is allowed to retake the exam. No person who fails the exam more than five (5) times will be allowed to be reexamined for a period of five (5) years from the date of the last failed exam.

9. Any candidate who fails over a period of two (2) years to appear for an examination for which he or she is eligible, for whatever reasons, shall have his or her application canceled and his or her application form so marked with the reason therefore. Should he or she desire examination thereafter he or she shall be required to submit a new application.

B. Land Surveyors Registration Examination Content. The examination will consist of three separate written exams:

1. Fundamentals of Land Surveying - This portion of the examination will be prepared and scored by the NCEES.

2. Principles and Practice of Land Surveying - This portion of the examination will be prepared and scored by NCEES.

3. Rhode Island Examination - This portion of the examination will be a two (2) hour written legal portion and will be prepared by the Board. The exam will include, but will not be limited to, questions on boundary law, land use, procedures and practices pertaining to the Practice of Land Surveying within the State of Rhode Island, regulatory permitting, and Rhode Island General Laws pertaining to Land Surveying. All applicants must be familiar with R.I. Gen. Laws § 5-8.1-1, et seq. as it pertains to Land Surveying in the State of Rhode Island.

C. Conduct of the Examination. Examinations shall be conducted under the following general rules:

1. No candidate shall communicate during the examinations with any other candidate in any way without the direct permission of the Proctor.

2. All papers handed in by a candidate shall bear an assigned code number and shall not bear any other identification which can identify the applicant.

3. Textbooks, bound notes and standard printed references may be used as aids during the Rhode Island examination and during any open book portion of an NCEES examination. No solution manuals or booklets are permitted at the exam.

4. Calculators - Silent, non-programmable, self-powered, electronic calculators may be used. The actual calculators used shall be consistent with the current NCEES testing standards at the time the examination is given.

D. Examination Review

1. Policy - It is the policy of the Board to utilize review of an applicant's prior examinations administered pursuant to this Regulation as a mechanism to assist the applicant to better understand his or her shortcomings and to help that applicant prepare for future examinations. It is not, however, the policy of this Board to permit extensive review of previous exams so that an applicant may become "test wise".

2. Procedure - With the aforementioned policy in effect, the Board will strictly adhere to the following procedures in regards to any requests for review of Fundamentals of Surveying or Principals and Practice examinations failed by particular applicants. In all cases, the NCEES standards for examination review shall be followed.

a. Any applicant wishing to review his or her prior examination must make a written request to the Board within fifteen (15) days of the date of mailing of the exam results (Pass/Fail) to the applicant. Such requests must be postmarked within fifteen (15) days of the date appearing on the letter of notification, advising the applicant of his or her exam result. Each applicant requesting a review should include a daytime phone number where they may be reached to schedule an appointment.

b. Upon receipt, by the Board, of a timely request for review of an examination, the Board will assign the particular request to a Board member who will then schedule a review date. Said review date shall be at the convenience of the Board member.

c. All reviews will be conducted at the Board's office. An applicant may not receive copies of any examination materials nor may the applicant make copies of or write down examination questions or answers.

d. The duration of each review will be determined by the Board-appointed reviewer.

e. All reviews of prior exams must be completed within seventy-five (75) days of the issuance of the exam results for that examination. There shall be no reviews scheduled, by the Board, of any previous examination within the sixty (60) day period immediately preceding the administering of a Fundamentals of Surveying or Principles and Practice examination.

f. The Board shall limit the number of times that it reviews previous examinations for an individual applicant to a maximum of two (2), unless the NCEES requests the Board to limit the reviews conducted for any particular applicant(s) to one (1) or none (0). In that case, the NCEES's request shall govern the Board's policy.

E. Re-Examination

1. Professional Land Surveyor. Applicants for registration as a Professional Land Surveyor who have failed the written examination may be given a re-examination upon request and payment of the appropriate re-examination fee.

2. Land Surveyor-in-Training. Applicants for certification as a Land Surveyor-in-Training who have failed the Fundamentals of Land Surveying examination may be given a re-examination on any future, regularly scheduled, examination date upon request and payment of appropriate re-examination fee. Applications for all examinations and reexaminations must be received by the Board by no later than four (4) months preceding the scheduled examination date.

3. Requirement for Re-Examination. Registrants are required to be re-examined under the following circumstances:

a. Individuals who have been suspended from the Practice of Land Surveying by this Board for a period of time in excess of three (3) years, regardless of the reason, shall be required to be re-examined in accordance with Board procedures prior to being re-admitted to the Practice of Land Surveying.

b. Individuals who have been suspended from the Practice of Land Surveying by this Board for any period of time as a result of a finding by the Board of professional incompetence, professional misconduct and/or professional negligence, may be required to be re-examined in accordance with Board procedures prior to being re-admitted to the Practice of Land Surveying.

c. Individuals who have been disciplined by this Board (regardless of the length or duration of any suspension or revocation) for reasons of fraud, deceit and/or who have been disciplined by reason of conviction of any felony or crime involving moral turpitude may, in the discretion of the Board, be required to be re-examined in accordance with Board procedures prior to being re-admitted to the Practice of Land Surveying.

d. Individuals who have been found to be incompetent to continue in the Practice of Land Surveying due to a medical reason shall be required to be re-examined in accordance with Board procedure prior to re-admission to the Practice of Land Surveying unless the individual presents two (2) medical certificates from physicians registered to practice medicine in this state certifying that the condition which was the cause or basis of the incompetence has, to a reasonable degree of medical certainty, been removed or has abated to the point that it will not prevent the individual from engaging in the competent Practice of Land Surveying. The Board may, even after the presentation of such certificates, require re-examination, if, in the opinion of the Board, the individual does not appear to be capable of resuming the Practice of Land Surveying.

e. Individuals who have not re-registered for a period of time in excess of three (3) years, regardless of the reason, may be required to be re-examined in accordance with Board procedures prior to being re-admitted to the Practice of Land Surveying.

4. All costs and expenses associated with the re-examination process shall be borne by the individual applying for re-admission.

435 R.I. Code R. 435-RICR-00-00-1.5