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Montana Land Surveyor Law Exam study materials
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Montana Land Surveyor Law Exam practice questions

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Question 1Montana surveying law and board regulations

Under Montana law, which entity has the statutory authority to adopt rules governing the practice of land surveying and to administer the licensing examination for land surveyors?

  1. The Montana Association of Registered Land Surveyors
  2. The county surveyor of the county where the applicant resides
  3. The Montana Department of Natural Resources and Conservation
  4. The Montana Board of Professional Engineers and Professional Land Surveyors Correct answer.

Explanation

Montana places regulation of land surveyors under the Board of Professional Engineers and Professional Land Surveyors, which adopts rules and administers examinations. The Department of Natural Resources and Conservation manages state lands and water resources, not professional licensure, and the professional association is a private membership body. County surveyors perform statutory duties but do not license practitioners.

Question 2Montana surveying law and board regulations

An applicant for licensure as a land surveyor in Montana must meet which of the following requirements concerning the national examination?

  1. Passing the NCEES Fundamentals of Surveying and Principles and Practice of Surveying examinations Correct answer.
  2. Passing a single state-specific examination with no national component
  3. Passing only an oral examination administered by the Board
  4. Passing the Fundamentals of Engineering examination in lieu of any surveying examination

Explanation

Montana uses the NCEES examinations: the Fundamentals of Surveying and the Principles and Practice of Surveying, along with any required state-specific component. The Board does not substitute an oral examination alone, nor does the engineering fundamentals examination satisfy surveying requirements. A purely state-specific examination is not the structure used.

Question 3Montana surveying law and board regulations

Which statement best describes the scope of activities reserved to a licensed land surveyor in Montana?

  1. Performing title searches and issuing title insurance commitments
  2. Preparing architectural drawings for one- and two-family dwellings
  3. Preparing construction cost estimates for public works contracts
  4. Practicing land surveying for others, including establishing boundaries and preparing plats and descriptions Correct answer.

Explanation

Land surveying practice, including boundary determination and preparation of plats and legal descriptions for others, is reserved to licensees. Architectural drafting for certain dwellings, cost estimating, and title insurance are governed by other professions or regulated activities. Only the surveying scope is protected by the licensure statute.

Question 4Montana surveying law and board regulations

A land surveyor licensed in another state wishes to practice in Montana. Which approach is consistent with Montana licensure requirements?

  1. Practice in Montana indefinitely using the out-of-state license
  2. Register with the county clerk and recorder instead of the Board
  3. Practice only on federal land, where state licensure is never required
  4. Obtain a Montana license through comity or endorsement procedures established by the Board Correct answer.

Explanation

Out-of-state surveyors must obtain a Montana license, typically through comity or endorsement when the Board's requirements are met. A license from another jurisdiction does not authorize Montana practice, and federal-land work does not remove state licensure obligations for the surveyor. County recording offices do not grant practice authority.

Question 5Montana surveying law and board regulations

How many continuing education hours must a licensed Montana land surveyor generally obtain during each renewal cycle?

  1. No continuing education is required for land surveyors
  2. Eight professional development hours per two-year cycle
  3. Forty professional development hours per two-year cycle
  4. Twenty-four professional development hours per two-year cycle Correct answer.

Explanation

Montana requires land surveyors to complete a defined number of professional development hours, commonly twenty-four, over the two-year renewal cycle, with some hours in surveying-related topics. Lower or higher figures do not match the Board's rule, and continuing education is mandatory. Surveyors should verify the current rule for any recent amendment.

Question 6Montana surveying law and board regulations

A Montana land surveyor is convicted of a felony involving fraud. What authority does the Board have regarding the surveyor's license?

  1. The Board may act only if the conviction is overturned on appeal
  2. The Board may suspend or revoke the license or impose other discipline after notice and hearing Correct answer.
  3. The Board must automatically reinstate the license upon request
  4. The Board has no jurisdiction because the matter was handled by a court

Explanation

The Board has disciplinary authority over licensees, including for convictions reflecting on fitness to practice, and may suspend, revoke, or impose lesser sanctions after proper notice and hearing. A criminal disposition does not strip the Board of jurisdiction, and reinstatement is not automatic. Board action does not depend on an appeal outcome.

Question 7Montana surveying law and board regulations

Which of the following is required before the Montana Board may impose formal disciplinary action against a licensed surveyor?

  1. Approval by the governor of Montana
  2. A unanimous vote of the county commissioners
  3. Notice to the licensee and an opportunity for a hearing Correct answer.
  4. Publication of the complaint in a newspaper of general circulation

Explanation

Due process requires that the licensee receive notice of the charges and an opportunity to be heard before the Board imposes discipline. Gubernatorial approval, county commissioner votes, and newspaper publication are not prerequisites to Board action. These procedural protections are fundamental to administrative licensing proceedings.

Question 8Montana surveying law and board regulations

A surveyor discovers an error in a boundary survey already delivered to a client and recorded. What is the most appropriate professional response under Montana practice standards?

  1. Destroy the original records so the error cannot be discovered
  2. Quietly file a new survey without informing anyone who relied on the original
  3. Wait until the property is next sold before addressing the error
  4. Notify the client and affected parties and prepare a corrected certificate or amended survey as appropriate Correct answer.

Explanation

Professional responsibility requires disclosure of material errors to the client and others who may rely on the work, followed by appropriate correction of the record. Concealing the error, delaying indefinitely, or destroying records compounds the harm and violates professional obligations. Corrective action protects the public and the integrity of land records.

Question 9Montana surveying law and board regulations

Under Montana law, when a surveyor establishes or reestablishes a boundary corner, which monumentation practice generally applies?

  1. Set a durable monument of the type required by Board rule and record the position Correct answer.
  2. Mark the corner only on the plat without any physical monument
  3. Rely on a wooden stake that will not survive a season
  4. Use whatever object is nearest the computed position

Explanation

Montana rules require durable monumentation at boundary corners so that positions can be recovered, together with proper recording of the monument's description. Temporary stakes, plat-only notation, or convenient nearby objects do not satisfy the durability and certainty requirements. Monumentation supports the reliability of the public land records.

Question 10Montana surveying law and board regulations

A Montana surveyor is asked to prepare a survey of a parcel and finds that a prior recorded survey conflicts with the deed. What is the surveyor's proper role?

  1. Ignore the prior survey because it is older
  2. Alter the deed to match the survey without involving the client or attorney
  3. Refuse all further work on the parcel
  4. Investigate and resolve the boundary evidence, and clearly disclose the conflict and the basis for the boundary determination Correct answer.

Explanation

The surveyor evaluates boundary evidence, including prior surveys and deeds, and must disclose conflicts and the reasoning behind the boundary determination. Deeds are legal instruments that the surveyor does not unilaterally alter, and prior surveys cannot simply be disregarded. Refusing all work is not required when the conflict can be addressed professionally.

Question 11Montana surveying law and board regulations

Which of the following best describes the Montana Board's rule regarding the seal or stamp of a licensed land surveyor?

  1. Survey documents prepared by the licensee must bear the licensee's seal and signature Correct answer.
  2. A seal may be applied by an unlicensed assistant without the surveyor's review
  3. A seal is optional and has no legal significance
  4. Only the Board may apply the surveyor's seal to documents

Explanation

Licensed surveyors must seal and sign surveying documents they prepare, signifying responsibility for the work. The seal is not optional or merely decorative, and it cannot be applied by the Board or by an unlicensed assistant acting without the licensee's review. Sealing ties professional accountability to the record.

Question 12Montana surveying law and board regulations

A licensed surveyor allows an unlicensed technician to sign and seal a plat. What is the surveyor's exposure under Montana law?

  1. The surveyor may face disciplinary action for aiding unlicensed practice and improper sealing Correct answer.
  2. Only the technician can be disciplined
  3. The client bears sole responsibility for the violation
  4. No action is possible because the technician did the work

Explanation

A licensee who permits unlicensed practice or improper use of a seal is subject to discipline for aiding and abetting violations of the licensing statute. Responsibility does not shift to the technician alone or to the client. The licensee's professional obligation is to review and seal only work for which the licensee is responsible.

Question 13Montana surveying law and board regulations

What is the general rule in Montana regarding the retention of survey records and field notes by a land surveyor?

  1. Records may be discarded immediately after the project is billed
  2. Records belong solely to the client and must be surrendered on demand
  3. Records must be retained for a defined period and made available as required by Board rule Correct answer.
  4. Records need be kept only if the surveyor expects litigation

Explanation

Board rules establish retention requirements for survey records, field notes, and related materials, and specify when they must be made available. Immediate disposal, unconditional surrender to clients, or retention tied only to anticipated litigation does not reflect those obligations. Records preserve the evidentiary basis for boundary determinations.

Question 14Montana surveying law and board regulations

A Montana surveyor prepares a subdivision plat that must be reviewed and approved before recording. Which sequence generally reflects the statutory process?

  1. The county clerk and recorder approves the plat and records it without governing body review
  2. The surveyor records the plat first and seeks approval afterward
  3. Surveyor prepares the plat, the governing body reviews and approves it, and it is then recorded with the county clerk and recorder Correct answer.
  4. The Board of Professional Engineers and Professional Land Surveyors approves all subdivision plats

Explanation

Subdivision plats are prepared by the surveyor, reviewed and approved by the applicable local governing body under subdivision regulations, and then recorded. The clerk and recorder does not grant approval, recording before approval is improper, and the state licensing Board does not approve individual plats. This sequence ensures both technical and land-use review occur before recordation.

Question 15Montana surveying law and board regulations

Which of the following activities would most likely require a Montana land surveyor license?

  1. Appraising the market value of a commercial building
  2. Designing a septic system for a residence
  3. Inspecting a home's electrical panel
  4. Determining and marking the boundary line between two private parcels for the owners Correct answer.

Explanation

Establishing and marking property boundaries for others is core land surveying practice reserved to licensees. Septic design, real estate appraisal, and electrical inspection fall under other regulatory schemes and professions. Only boundary determination is within the reserved surveying scope.

Question 16Montana surveying law and board regulations

A surveyor licensed in Montana is hired to survey a parcel that straddles the Montana-Wyoming border. What is the correct approach regarding licensure?

  1. The surveyor should ask the client to obtain the necessary licenses
  2. The Montana license alone authorizes work on both sides of the border
  3. No license is needed because the parcel is on a state line
  4. The surveyor must hold or obtain authority to practice in each state where the work is performed Correct answer.

Explanation

Licensure is jurisdictional, so a surveyor must be authorized to practice in each state where surveying services are performed. A Montana license does not extend into Wyoming, and proximity to a border does not create an exemption. The professional, not the client, is responsible for holding proper credentials.

Question 17Montana surveying law and board regulations

What is the primary purpose of the Montana land surveyor licensing statute and Board rules?

  1. To standardize the fees charged for surveys
  2. To limit competition among surveyors
  3. To guarantee surveyors a minimum income
  4. To protect the public health, safety, and welfare by ensuring competent surveying practice Correct answer.

Explanation

Occupational licensing exists to protect the public by ensuring that practitioners meet competency standards. The statute is not designed to guarantee income, restrict competition for its own sake, or fix fees. Public protection is the guiding rationale for the Board's authority.

Question 18Montana surveying law and board regulations

A licensed surveyor is asked to certify a survey that the surveyor did not perform or supervise. What is the appropriate response under Montana ethics rules?

  1. Decline to certify work the surveyor did not perform or directly supervise Correct answer.
  2. Certify it if the client signs a waiver of liability
  3. Certify it after a brief phone conversation with the original surveyor
  4. Certify it as a courtesy to the requesting party

Explanation

A surveyor may seal or certify only work for which the surveyor was responsible or that was performed under the surveyor's direct supervision. Courtesy certifications, certifications based on a brief conversation, and client waivers do not substitute for actual professional responsibility. Doing so would misrepresent the surveyor's involvement and mislead the public.

Question 19Montana surveying law and board regulations

Which of the following statements about the Montana Board's complaint process is most accurate?

  1. Only licensed surveyors may file complaints with the Board
  2. Any person may file a complaint alleging a violation, and the Board investigates and may hold a hearing Correct answer.
  3. The Board cannot investigate complaints without a court order
  4. Complaints must be filed within ten days of the alleged violation

Explanation

The Board accepts complaints from any source, investigates alleged violations, and may conduct a hearing before imposing discipline. There is no requirement that only licensees file, no ten-day filing deadline, and no court order needed to begin an investigation. This open complaint process supports public protection.

Question 20Montana surveying law and board regulations

A surveyor's license lapses for failure to renew. What is the surveyor's status regarding practice in Montana?

  1. The surveyor may not practice until the license is reinstated under Board procedures Correct answer.
  2. The surveyor may practice only on weekends
  3. The surveyor may practice if a client vouches for the surveyor
  4. The surveyor may continue practicing while renewal is pending indefinitely

Explanation

Practicing on a lapsed license is unlicensed practice; the surveyor must complete reinstatement procedures before resuming. There is no indefinite grace period, no client-vouching exception, and no day-of-week limitation that would authorize practice. Maintaining active licensure is a condition of lawful practice.

Question 21Montana surveying law and board regulations

In Montana, which document typically serves as the surveyor's formal record of a boundary survey suitable for recording?

  1. An unsealed sketch on graph paper
  2. An oral description given to the client
  3. A contractor's as-built drawing without surveyor involvement
  4. A certificate of survey prepared and sealed by the licensed surveyor Correct answer.

Explanation

Montana uses certificates of survey, prepared and sealed by the licensed surveyor, as the formal recordable document for boundary surveys. Unsealed sketches, oral descriptions, and contractor drawings lacking surveyor involvement do not meet the standard for recording. The sealed certificate provides an authoritative public record.

Question 22Montana surveying law and board regulations

A surveyor is asked to locate a section corner that appears to have been disturbed. Under Montana practice, what should the surveyor do first?

  1. Immediately set a new monument at the computed position
  2. Rely solely on the nearest fence line
  3. Gather and evaluate the available evidence of the original corner position before setting any replacement Correct answer.
  4. Assume the corner was never set and ignore the area

Explanation

When a corner may be disturbed, the surveyor must evaluate evidence such as original monument remnants, bearing trees, and record documents to determine the original position before remonumenting. Immediate replacement at a computed position, ignoring the area, or relying on a fence alone risks perpetuating error. Evidence-based restoration protects boundary reliability.

Question 23Montana surveying law and board regulations

Which of the following is a recognized ethical obligation of a Montana land surveyor toward the public?

  1. Accepting work outside the surveyor's competence without disclosure
  2. Concealing errors to protect a colleague's reputation
  3. Reporting known violations of the licensing statute to the Board Correct answer.
  4. Advertising services in a manner that guarantees specific outcomes

Explanation

Surveyors have an obligation to protect the public, which includes reporting known violations of the licensing law to the Board. Concealing errors, guaranteeing outcomes, and accepting work beyond one's competence without disclosure all undermine public protection. Ethical practice favors transparency and accountability.

Question 24Montana surveying law and board regulations

A Montana surveyor is offered a gift by a client contingent on the surveyor reaching a boundary conclusion favorable to the client. How should the surveyor respond?

  1. Refer the matter to the Board before deciding
  2. Accept the gift and adjust the boundary to favor the client
  3. Decline the contingent gift and base the boundary determination solely on the evidence Correct answer.
  4. Accept the gift but keep the arrangement secret from the file

Explanation

A contingent gift tied to a desired professional conclusion is an improper inducement that compromises independence. The surveyor must decline it and determine the boundary from evidence alone. Accepting and adjusting the result, or keeping the arrangement secret, would be dishonest, and Board referral is unnecessary where the surveyor simply refuses.

Question 25Montana surveying law and board regulations

What must a Montana land surveyor generally include when signing and sealing a survey document?

  1. The surveyor's name, license number, and the date of the work Correct answer.
  2. Only a handwritten signature without any identifying information
  3. A statement that the survey is not intended for reliance by any party
  4. The client's name in place of the surveyor's

Explanation

Sealed survey documents identify the responsible surveyor through name, license number, and date, allowing the public and regulators to trace accountability. A bare signature without identifying information, substitution of the client's name, or a disclaimer against all reliance does not satisfy the authentication requirements. Proper identification supports the integrity of the record.

Question 26Montana surveying law and board regulations

Under Montana law, what is the standard minimum continuing education requirement a licensed land surveyor must complete to renew a license?

  1. A specific number of professional development hours every renewal cycle, as set by Board rule Correct answer.
  2. Continuing education is required only if the surveyor performs federal work
  3. No continuing education at all once the initial license is issued
  4. Only a one-time ethics course taken within the first year of licensure

Explanation

Montana's Board of Professional Engineers and Land Surveyors requires licensees to earn continuing education hours each renewal cycle under its administrative rules. The requirement is ongoing, not a one-time event, and applies to all licensees regardless of the type of client work performed.

Question 27Montana surveying law and board regulations

A Montana land surveyor signs and seals a plat. What does the seal legally represent about the document?

  1. That the surveyor personally performed every field measurement
  2. That the county clerk has verified every measurement on the plat
  3. That the Board has reviewed and endorsed the survey's conclusions
  4. That the surveyor accepts professional responsibility for the work shown Correct answer.

Explanation

The seal is the surveyor's attestation of professional responsibility for the content of the document, not a government endorsement. Montana law restricts use of the seal to the licensee whose competence and oversight produced the work.

Question 28Montana surveying law and board regulations

Which person is engaging in land surveying in Montana without holding a license?

  1. A technician who determines and stakes a property boundary line for a client Correct answer.
  2. A drafter who reproduces an existing recorded plat at the same scale
  3. A GIS analyst who maps a utility line on an internal company map
  4. A contractor who lays out a building foundation from a sealed plan

Explanation

Determining and staking boundary lines is a core land surveying function reserved to Montana licensees. Reproducing existing documents, building from sealed plans, and internal mapping do not themselves establish boundaries.

Question 29Montana surveying law and board regulations

A Montana surveyor is licensed and also wants to offer engineering services. What is generally required?

  1. Only a business license from the Secretary of State
  2. A separate professional engineer license, because the two credentials are distinct Correct answer.
  3. Nothing further, since a surveying license authorizes all engineering work
  4. Approval from the county surveyor in each county of practice

Explanation

Montana licenses engineering and land surveying as separate professions, so practicing engineering requires the corresponding engineering credential. A surveying license does not carry engineering authority, and business registration does not substitute for professional licensure.

Question 30Montana surveying law and board regulations

Before the Montana Board may discipline a licensee, what procedural protection is generally afforded the licensee?

  1. Automatic referral to criminal prosecution
  2. A private warning that is never documented
  3. Notice of the charges and an opportunity to respond at a hearing Correct answer.
  4. Immediate license suspension without any notice

Explanation

Administrative due process requires that a licensee receive notice of the allegations and a meaningful opportunity to be heard before discipline is imposed. Montana's administrative procedure framework supplies these protections for Board actions.

Question 31Montana surveying law and board regulations

What is the typical term of a Montana land surveyor license before it must be renewed?

  1. A one-month term renewed monthly
  2. A fixed multi-year renewal cycle set by Board rule Correct answer.
  3. A lifetime term once issued
  4. A term that ends whenever the surveyor changes employers

Explanation

Montana licenses are issued for a defined renewal period established by Board rule, and the licensee must renew and satisfy continuing education to remain active. Licensure is not lifetime, monthly, or tied to employment changes.

Question 32Montana surveying law and board regulations

A Montana surveyor is asked to describe the profession's duty to the public. Which statement best captures a recognized ethical obligation?

  1. Keep all survey methods confidential from the public
  2. Protect public health, safety, and welfare above private gain Correct answer.
  3. Defer all judgment to the client's preferred outcome
  4. Maximize fees by taking any work offered

Explanation

Professional ethics codes place public health, safety, and welfare ahead of personal or client advantage. A surveyor's technical judgment must not be sold to whichever result a client prefers.

Question 33Montana surveying law and board regulations

Which of the following best describes the Montana Board's authority over unlicensed practice of land surveying?

  1. The Board may act only if a client files a criminal complaint
  2. The Board may investigate and pursue enforcement against unlicensed practice Correct answer.
  3. The Board has no jurisdiction over anyone who is not licensed
  4. Only federal courts may address unlicensed surveying

Explanation

The Board enforces the licensing statute, which includes authority to investigate and act against persons practicing surveying without a license. Enforcement does not depend on criminal charges or federal court involvement.

Question 34Montana surveying law and board regulations

A Montana surveyor completes a boundary survey and the client asks for the record document. Which instrument is normally prepared for recording?

  1. An unsigned field notebook page
  2. An internal quality-control checklist
  3. A verbal description given over the phone
  4. A certificate of survey depicting the survey results Correct answer.

Explanation

Montana uses a certificate of survey to document and record the results of a boundary survey. Field notes and internal checklists are working records, not the recorded instrument.

Question 35Montana surveying law and board regulations

A Montana surveyor is preparing to retrace a boundary and finds an original monument at a corner. What is the governing principle?

  1. The client's recollection controls
  2. Original monuments generally control over bearings and distances in the record Correct answer.
  3. The most convenient measurement controls
  4. Record bearings always control over any physical monument

Explanation

Retracement follows the principle that original monuments, where found and accepted, generally control over the record's bearings and distances. This reflects the intent of the original survey that set the corner.

Question 36Montana surveying law and board regulations

A surveyor discovers that a prior surveyor set a corner in an incorrect location. How should the current surveyor generally proceed?

  1. Ignore the discrepancy to avoid conflict
  2. Refuse to complete the survey
  3. Move the monument to a location that looks more accurate
  4. Follow the legal principles for reestablishing the corner and document the findings Correct answer.

Explanation

The surveyor must apply boundary principles to determine the correct corner and document the analysis and any discrepancy. Self-help relocation of monuments or concealment of the issue is improper.

Question 37Montana surveying law and board regulations

Which practice best reflects a Montana surveyor's recordkeeping obligation after completing a survey?

  1. Discard field notes once the plat is recorded
  2. Send all original records to the county regardless of rule
  3. Retain survey records and field notes for the period required by Board rule Correct answer.
  4. Keep records only if the client requests it

Explanation

Board rules require licensees to retain survey records and field notes for a defined period so the work can be verified later. Retention is a regulatory duty, not a client option.

Question 38Montana surveying law and board regulations

A Montana surveyor is asked to certify a survey performed by another firm. What is the appropriate response?

  1. Seal it because the other firm is licensed
  2. Seal it only if the client pays an additional fee
  3. Decline to seal work outside the surveyor's responsible charge Correct answer.
  4. Seal it after a brief phone conversation with the other firm

Explanation

A licensee may seal only work performed by the licensee or under the licensee's responsible charge. Sealing another firm's survey without that oversight misrepresents responsibility.

Question 39Montana surveying law and board regulations

A surveyor licensed in another state wants to perform surveying in Montana on a one-time project. What is generally required?

  1. Ask the client to sign a waiver of Montana law
  2. Obtain a Montana license through the Board's licensure process Correct answer.
  3. Notify the county clerk and proceed without a license
  4. Rely on the other state's license without any Montana action

Explanation

Montana requires a Montana license to practice surveying in the state; out-of-state licensure alone does not authorize practice. Licensure may involve comity or examination routes established by the Board.

Question 40Montana surveying law and board regulations

Which action would most likely constitute grounds for Board discipline of a Montana surveyor?

  1. Declining a project outside the surveyor's expertise
  2. Attending a professional conference
  3. Using newer measurement technology on a project
  4. Signing a survey the surveyor neither performed nor supervised Correct answer.

Explanation

Sealing or signing work outside one's responsible charge is a violation that supports discipline. Professional development, prudent declination, and adopting sound technology are all proper.

Question 41Montana surveying law and board regulations

A Montana surveyor is offered a bonus contingent on finding a boundary in the client's favor. What is the proper course?

  1. Accept it but keep it secret from the file
  2. Decline the contingency and base conclusions on the evidence Correct answer.
  3. Accept it and disclose the arrangement only to the Board
  4. Accept it and adjust the boundary conclusion accordingly

Explanation

A surveyor's conclusions must rest on evidence and professional judgment, not on payments tied to a desired outcome. Contingent compensation for a favorable boundary finding compromises independence and integrity.

Question 42Montana surveying law and board regulations

A Montana surveyor is preparing a plat for recording. Which element is generally required on the document itself?

  1. The client's social security number
  2. The surveyor's home address
  3. The fee charged for the survey
  4. The surveyor's signature and seal Correct answer.

Explanation

Survey documents must bear the licensee's signature and seal to identify who is professionally responsible. Personal or financial details unrelated to the survey are not required elements.

Question 43Montana surveying law and board regulations

A surveyor's Montana license lapses after the renewal deadline passes. What is the surveyor's status?

  1. The surveyor may practice if a colleague seals the work
  2. The surveyor may not practice until the license is reinstated or renewed Correct answer.
  3. The surveyor may continue practicing indefinitely
  4. The surveyor may practice for another year without renewal

Explanation

Practice authority depends on holding a current license; once it lapses, the surveyor must complete the Board's renewal or reinstatement process before practicing again. Continued practice on a lapsed license is unlicensed practice.

Question 44Montana surveying law and board regulations

A Montana surveyor is uncertain whether a proposed service requires a license. What is the most reliable approach?

  1. Assume any measurement task is exempt
  2. Proceed and ask for forgiveness later
  3. Ask the client to decide whether licensure applies
  4. Review the licensing statute and Board rules defining surveying practice Correct answer.

Explanation

The scope of surveying practice is defined by statute and Board rules, which are the authoritative sources for determining whether a license is needed. Neither clients nor assumptions can settle a legal question of scope.

Question 45Montana surveying law and board regulations

A Montana surveyor finds a discrepancy between a recorded plat and current field evidence. What does professional practice require?

  1. Record a plat that copies the prior survey without analysis
  2. Suppress the discrepancy to avoid confusing the client
  3. Document the discrepancy and the basis for the surveyor's conclusions Correct answer.
  4. Rely solely on the client's preference to resolve it

Explanation

The surveyor must analyze the discrepancy and clearly document the reasoning behind the conclusions reached. Suppressing evidence or deferring to preference undermines the integrity of the survey record.

Question 46Montana surveying law and board regulations

A Montana surveyor is asked to seal a set of plans prepared entirely by an unlicensed technician with no surveyor oversight. What is the correct action?

  1. Seal the plans if the technician has experience
  2. Seal the plans because a technician prepared them
  3. Refuse unless the surveyor assumes responsible charge and reviews the work Correct answer.
  4. Seal the plans and note that the technician did the work

Explanation

Sealing requires that the work be performed by or under the responsible charge of the licensee, which entails real review and control of the work. A disclaimer that a technician did the work does not cure the lack of oversight.

Question 47Montana surveying law and board regulations

A Montana surveyor is asked to interpret the Board's rule on the practice of surveying by business entities. Which statement best reflects the general requirement?

  1. A business may offer surveying services if it employs any licensed professional
  2. A business may offer surveying services if it is registered with the Secretary of State
  3. A business may offer surveying services without any licensed personnel
  4. Surveying services offered through a business must be under the responsible charge of a licensed surveyor Correct answer.

Explanation

Business entities may provide surveying services only when the professional work is under the responsible charge of a properly licensed surveyor. Mere business registration or employing an unrelated licensed professional does not satisfy that requirement.

Question 48Montana surveying law and board regulations

A Montana surveyor is asked to resolve a boundary where the record calls for a monument that cannot be found. What is the soundest professional approach?

  1. Refuse to render any opinion
  2. Apply established rules of boundary evidence and document the reasoning used Correct answer.
  3. Rely solely on the record distance without analysis
  4. Invent a monument location based on convenience

Explanation

When a called-for monument is missing, the surveyor applies recognized rules of evidence and proportion to reestablish the corner, documenting the analysis. Arbitrary placement or blind reliance on one record element is unsound.

Question 49Montana surveying law and board regulations

A Montana surveyor learns that a colleague routinely seals surveys without reviewing them. What is the most appropriate professional response?

  1. Confront the colleague and drop the matter if denied
  2. Post the allegations publicly on social media
  3. Ignore the conduct because it is not the surveyor's concern
  4. Report the conduct through the Board's complaint process Correct answer.

Explanation

Reporting suspected violations to the licensing Board is the established channel for protecting the public and upholding professional standards. Public accusations or silent acquiescence do not serve that purpose.

Question 50Montana surveying law and board regulations

Which statement best describes the relationship between the Montana Board and the licensing statute it administers?

  1. The Board has no rulemaking authority
  2. The Board answers only to the federal government
  3. The Board adopts rules and administers the statute within its delegated authority Correct answer.
  4. The Board may rewrite the statute at will

Explanation

The Board administers the licensing statute and adopts implementing rules within the authority the legislature delegates. It cannot amend the statute itself, and its authority derives from state law.