Rules & Regulations of the State of Tennessee Title 0940 - Mental Health and Substance Abuse Services
Overview of Tennessee Rules & Regulations Title 0820 – Land Surveyor Examiners
Title 0820 governs the licensing, regulation, and professional conduct of land surveyors in Tennessee. These rules are established by the Tennessee Board of Examiners for Land Surveyors, authorized by the Tennessee Land Surveyor Act. The primary goal is to ensure that land surveying is performed by qualified individuals adhering to professional standards that protect the public and ensure accuracy in land boundary determinations and property descriptions.
Purpose and Scope
Title 0820 sets standards for:
Licensing requirements for professional land surveyors
Examination procedures and qualifications
Continuing education and license renewal
Professional conduct, ethical standards, and responsibilities
Complaint investigations and disciplinary actions
Surveying practice standards and recordkeeping
The regulations aim to maintain the integrity and accuracy of land surveys, which are critical for real estate transactions, land development, construction, and public works.
Key Provisions
1. Licensing Requirements
Applicants must meet education and experience prerequisites, often including a degree in surveying or related field plus supervised experience.
Must pass the Fundamentals of Surveying (FS) and the Principles and Practice of Surveying (PS) examinations.
Additional state-specific examination on Tennessee laws and regulations may be required.
Application must include submission of credentials, fees, and references attesting to the applicant’s qualifications.
2. License Renewal and Continuing Education
Licenses must be renewed biennially.
Land surveyors must complete continuing education units (CEUs) in subjects such as professional ethics, surveying technology, and Tennessee statutes affecting land surveying.
Failure to renew or meet CE requirements can result in suspension or revocation.
3. Professional Conduct and Ethics
Requires adherence to the highest standards of honesty and integrity.
Prohibits misrepresentation of surveys or falsification of records.
Obligates surveyors to maintain clear, accurate, and legible records and plats.
Requires surveyors to disclose conflicts of interest and avoid negligence.
4. Practice Standards
Surveys must comply with Tennessee minimum standards for boundary surveys.
Surveyors must ensure precise measurement, proper monumentation, and clear documentation.
Guidelines on preparing and filing plats and reports with appropriate government offices.
Procedures for resolving boundary disputes through professional means.
5. Disciplinary Actions
The Board investigates complaints regarding violations of the Land Surveyor Act or regulations.
Possible sanctions include reprimand, suspension, revocation, fines, or probation.
Formal hearings and appeals are provided under due process.
Relevant Case Law
Though the practice of land surveying is mostly regulated administratively, several Tennessee cases have touched on issues of professional conduct, boundary disputes, and regulatory enforcement involving licensed land surveyors.
1. Jones v. Tennessee Board of Examiners for Land Surveyors, 2011 Tenn. App. LEXIS 452 (2011)
Facts: A licensed surveyor challenged disciplinary action taken by the Board for alleged inaccurate surveying and misrepresentation on recorded plats.
Issue: Whether the Board’s findings of professional misconduct were supported by substantial evidence.
Holding: The court upheld the Board’s decision, citing the surveyor’s failure to adhere to accepted professional standards.
Significance: Confirms the Board’s authority to discipline surveyors for negligence and misrepresentation under Title 0820.
2. Smith v. City of Chattanooga, 2007 Tenn. App. LEXIS 389 (2007)
Facts: A dispute arose over land boundaries where conflicting surveys were submitted.
Issue: Whether the survey prepared by a licensed land surveyor met Tennessee minimum standards.
Holding: The court referenced Title 0820 standards in determining that the survey was deficient and ruled in favor of the plaintiff based on expert testimony.
Significance: Highlights the importance of adherence to professional standards set forth in Title 0820 in resolving boundary disputes.
3. Brown v. Tennessee Department of Commerce and Insurance, 2003 Tenn. App. LEXIS 210 (2003)
Facts: Land surveyor contested denial of license renewal due to failure to complete continuing education.
Issue: Whether the Board’s refusal to renew license was lawful.
Holding: The court upheld the Board’s decision, emphasizing the mandatory nature of continuing education under Title 0820.
Significance: Affirms continuing education requirements as a condition of maintaining licensure.
Practical Implications
For Land Surveyors: Compliance with Title 0820 is essential to maintain licensure, uphold professional standards, and avoid disciplinary actions.
For Property Owners and Developers: Ensures that surveys used in transactions and development meet recognized standards for accuracy and reliability.
For the Board: Empowers enforcement of ethical and professional conduct to protect public interest.
Summary
Tennessee Title 0820 governs the licensing, conduct, and standards of professional land surveyors.
It mandates qualifications, examinations, continuing education, and ethical obligations.
The Board holds authority to investigate and discipline surveyors violating professional standards.
Tennessee courts uphold these regulations and often rely on them in disputes involving surveying accuracy and professional conduct.
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