Montana Land Surveyor Law Exam flashcards
Montana Land Surveyor Law Exam · Build recall with a focused review session.
31 cards. Read the term and the definition here. The deck at the top of this page is optional.
- Montana surveying governing statute
- The Montana Code Annotated Title 37, Chapter 67 sets the licensing and regulatory framework for professional land surveyors; board administrative rules appear in ARM Title 24.
- Definition of land surveying
- Establishing, reestablishing, or restoring boundaries, corners, and lines; subdivision platting; writing legal descriptions; and preparing topographic, alignment, and as-built surveys.
- Record of survey filing
- A surveyor must record a record of survey with the county clerk and recorder when boundary work reveals unrecorded evidence, establishes new corners, or alters previously recorded positions.
- Certificate of survey contents
- A recorded certificate of survey must show the responsible surveyor's seal and signature, date, legal description, and be filed with the county clerk and recorder.
- Obliterated corner restoration
- Under the Public Land Survey System, an obliterated corner is restored by proportionate methods consistent with the original federal survey record and available evidence.
- Board disciplinary authority
- The board may reprimand, suspend, revoke, or impose civil penalties for unlicensed practice, stamping outside competence, or other violations of the licensing act.
- Subdivision plat approval
- A subdivision plat requires review and approval by the local governing body before filing, in addition to the surveyor's seal and signature.
- Practice without a license
- Offering or performing land surveying services without a Montana license, including during a lapsed renewal period, is unlicensed practice subject to board action.
- Paramount duty to public
- The licensee's primary obligation is protection of public health, safety, and welfare; client interests remain secondary to that duty.
- Seal and signature limits
- A licensee may seal only documents prepared by the licensee or under direct supervisory control, and only within the licensee's demonstrated area of competence.
- Falsification of field data
- Misrepresenting qualifications, falsifying field data, or altering another surveyor's records without disclosure is a violation warranting board discipline.
- Conflict of interest disclosure
- A surveyor may not accept compensation from more than one party for the same service without full written disclosure and consent.
- Reviewing another's work
- A surveyor should notify another surveyor before reviewing or criticizing that surveyor's work, unless legal process or the board requires the review.
- Client confidentiality limits
- Confidential client information may be disclosed only with consent, when required by law, or to prevent a clear threat to public safety.
- Prohibited solicitation practices
- Misleading advertising, fixed-fee bidding that compromises quality, and offering gifts to secure work are prohibited forms of solicitation.
- Duty to report violations
- Licensees must report to the board known violations of the licensing act, including unlicensed practice or a licensee's gross negligence.
- Competence boundary
- A licensee may accept only assignments within their competence and must disclose any limitation to the client before accepting the work.
- Fundamentals of Surveying exam
- Applicants must pass the NCEES Fundamentals of Surveying exam as an early step toward licensure, typically before accumulating full progressive experience.
- Principles and Practice exam
- The NCEES Principles and Practice of Surveying exam is the final examination requirement before licensure as a professional land surveyor.
- Montana experience requirement
- Applicants need at least four years of combined education and experience, including at least two years of progressive experience under a licensed land surveyor.
- License renewal date
- Montana land surveyor licenses expire annually on June 30; renewal must occur before expiration, and late renewal may incur a penalty fee.
- Continuing education hours
- A minimum of 15 professional development hours per renewal cycle is required, including at least one hour of Montana laws and rules and one hour of ethics.
- PDH documentation
- Continuing education records must show provider, title, date, and hours, be relevant to land surveying, and be retained at least three years for audit.
- Lapsed license reinstatement
- A licensee who fails to renew may be reinstated by paying fees and demonstrating continued competence; practicing during the lapse is unlicensed practice.
- Comity licensure
- Comity licensure is available to surveyors licensed elsewhere who hold a current NCEES record and meet Montana's experience and examination requirements.
- Address change notification
- A licensee must notify the board of a change of address within 30 days of the change.
- Out-of-state discipline reporting
- A licensee must report to the board any disciplinary action taken by another jurisdiction within 30 days of the action.
- NCEES record
- An NCEES record documents education, exams, and experience for verification; it supports comity applications and board review of qualifications.
- Continuing education audit
- The board may audit a licensee's continuing education records; failure to produce adequate documentation can result in disciplinary action or renewal denial.
- Ethics PDH requirement
- At least one professional development hour per renewal cycle must address ethics, in addition to the Montana laws and rules hour.
- Direct supervisory control
- Work sealed by a licensee must be performed by the licensee or by subordinates under the licensee's direct supervisory control and review.