The Friday Seal
You own a two-person surveying firm in Billings. Your only field technician has 15 years of experience but no license. For a 6-lot minor subdivision, the technician performed all field work with RTK GPS, made the boundary determination, drafted the plat, and selected the setback lines. You have been busy on expert-witness work and have not visited the site. On Thursday afternoon the technician sends you the plat and a one-page summary; the client needs it sealed Friday morning for a preliminary plat submittal. You spend 45 minutes reviewing the drawing, see no obvious math errors, and the technician says, "I checked the record monuments, but the north line was snowed in, so I held the GPS coordinates." You know the area has several 1900s mineral surveys. You seal and deliver the plat.
1. Was sealing the plat consistent with Montana requirements for responsible charge? Explain.
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No. Responsible charge is not a quick review of a drawing. The licensee must exercise personal professional judgment and control over the survey, including the boundary determination, field evidence, calculations, and final plat. Here the technician made the boundary decision, selected setbacks, and did the drafting. The licensee never visited the site, spent only 45 minutes, and knew the north line had not been checked because of snow. That is a rubber stamp, not responsible charge. The licensee cannot truthfully attest to work he did not adequately direct or review.
2. What should you have done before sealing the plat?
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Before sealing, review the record research and field notes, confirm the monument search, require the north line to be run and tied, check the mineral survey records, visit the site or send a qualified crew, independently verify the boundary and setbacks, correct the plat, and document the review. If the deadline cannot be met, ask for an extension or decline the seal. The technician may perform field work under supervision, but the technician should not make final boundary decisions independently.
3. What risks arise from the technician's role and from your use of the seal?
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The risks include Board discipline for sealing without responsible charge, a finding that the technician engaged in unlicensed practice by exercising independent judgment, negligence liability for the firm and licensee if a boundary is wrong, and reliance by the client or lender on a false plat. The seal is a personal certification, not a firm formality. The snowed-in north line is a red flag: holding GPS coordinates without checking monuments can produce a systematic error, especially where mineral surveys may control.