Current through Register Vol. XLI, No. 50, December 13, 2024
Section 23-5-2 - DefinitionsAs used in this rule, the following terms have the following meanings unless the context or subject matter clearly requires a different interpretation:
2.1. "Boundary survey" means a surface or subsurface survey, in whole or in part, in which the property or easement lines or the ownership or possession lines of a parcel of land, claim area, possession area or encroachment area have been established by field survey and may include retracing existing property or easement lines; the creation of a new easement or right-of-way; the partition, cut-out or subdivision of lots or parcels from an existing property, or the subdivision of an existing property into several lots, blocks or streets.2.2. "Certified survey document" means a tangible or digital copy or duplicate of an original survey document with the signature of the licensee ascribed, the seal of the licensee affixed and the endorsement of the licensee, if applicable, and date of signing identified and may be presented to a clerk or public official for recording or filing.2.3. "Employee" means a person who is hired on a full-time, part-time, or temporary basis and is on the payroll of an employer or firm with the legal obligation to withhold and pay taxes to government agencies based on the salary, wages or other compensation provided by the employer or firm and who does not meet the Internal Revenue Service's definition of a contractor or subcontractor.2.4. "Endorsement" means an endorsement or authorization to practice underground surveying or in a specialized field of surveying or mapping.2.5. "Felony" means a felony related to the fitness of a surveyor to engage in the practice of surveying, including those crimes that have dishonesty as a fundamental and necessary element. Felonies that, upon conviction, constitute grounds for disciplinary action by the Board include, but are not limited to: 2.5.a. False swearing or perjury in a court proceeding related to the applicant's practice of surveying;2.5.b. Felonies involving theft, bribery, embezzlement, forgery, falsification or destruction of records, fraud, or misrepresentation; and2.5.c. Any other felony offense demonstrating a lack of professional or business integrity or honesty.2.6. "Incompetence" means the continual or habitual failure to meet minimum standards and generally accepted practices of surveying or practicing in fields of expertise when the surveyor is unqualified and lacks the necessary experience and education.2.7. "Inspection" means a mortgage or loan inspection.2.8. "Loan inspection" has the same meaning as mortgage inspection.2.9. "Mortgage inspection" means a substandard survey of a lot or parcel of land in which property lines and corners have not been established and is performed for the sole purpose of obtaining mortgage title insurance. This includes the location of the improvements and utilities as they relate to the property and a cursory check for violations or encroachments onto the subject lot or parcel based on existing but unconfirmed evidence and does not constitute a boundary survey and is subject to any inaccuracies that a subsequent boundary survey may disclose. 2.10. "Original survey document" means a plat, description, report, map, plan, drawing or other survey related document prepared manually or digitally under the professional charge of a licensee as a final survey document or work product and retained by the licensee as a permanent record.2.11. "Owner," when used in the context of ownership requirements for firms seeking a certificate of authorization to engage in the practice of surveying, means a person who owns at least a majority interest of a firm or business entity.2.12. "Ownership line" means a line or series of lines that define the limits of ownership supported by documents of public record.2.13. "Possession line" means a line or series of lines that define the limits of an area claimed or used by a landowner and can only be established as a boundary by an order of the court.2.14. "Professional negligence" means negligence demonstrating a wanton indifference to the interests of the public that caused, or that had a substantial likelihood of causing, serious harm to the public. A civil judgment for malpractice in the practice of land surveying is not conclusive proof that a surveyor is guilty of professional negligence sufficient to support the imposition of professional discipline.2.15. "Record line" means the line between the position of the original monuments cited in the original operative conveyance that a surveyor is required to retrace or establish as the boundary or property lines of a parcel of land.2.16. "Special Supervision" means a licensee has made application and has been approved by the Board to be in professional charge of an unlicensed individual who is seeking licensure with the Board and is not an employee of the licensee nor employed by the same firm as the licensee.2.17. "Uniform width strip" means a parcel of land, easement or right-of-way that maintains the same width throughout its length and may be described by the perimeter or strip method.2.18. "Unlicensed practice" means the unlawful practice of surveying, as set forth in § 30-13A-32, by a person or firm who has not obtained a license, endorsement or authorization under the provisions of § 30-13A-1 et seq. and is not exempt as set forth in § 30-13A-36.2.19. "Variable width strip" means a parcel of land, easement or right-of-way that has a width that varies or is an irregular shape throughout its length and may be described by the perimeter or strip method.2.20. "Willful departure from accepted standards of professional conduct" means: 2.20.a. Default on obligations owed to the state in connection with the practice of surveying, including but not limited to obligations under the West Virginia workers' compensation act, the West Virginia unemployment compensation act, and West Virginia state tax and revenue laws;2.20.b. Willful failure to substantially perform in accordance with the terms of a contract or subcontract, or failure to perform after accepting compensation for professional services;2.20.c. Performance in violation of standards established by law or generally accepted standards for the practice of surveying amounting to intentionally deficient or grossly negligent performance on a contract;2.20.d. Making intentionally false or misleading statements during an investigation, inquiry or hearing of the Board; or2.20.e. Any other cause of a serious and compelling nature amounting to knowing and willful misconduct in the practice of surveying.