8740.  An application for each division of the examination for a
license as a land surveyor shall be made to the board on the form
prescribed by it, with all statements therein made under oath, and
shall be accompanied by the application fee fixed by this chapter.




8741.  (a) The first division of the examination shall test the
applicant's fundamental knowledge of surveying, mathematics, and
basic science.  The board shall prescribe by regulation reasonable
educational or experience requirements including two years of
postsecondary education in land surveying, two years of experience in
land surveying, or a combination of one year of postsecondary
education and one year of experience in land surveying for admission
to the first division of the examination.  Applicants who have passed
the engineer-in-training examination, or who hold professional
engineer registration, are exempt from this division of the
examination.
   The second division of the examination shall test the applicant's
ability to apply his or her knowledge and experience and to assume
responsible charge in the professional practice of land surveying.
   (b) The applicant for the second division examination shall have
successfully passed the first division examination, or shall be
exempt therefrom.  The applicant shall be thoroughly familiar with
(1) the procedure and rules governing the survey of public lands as
set forth in "Manual of Surveying Instructions," published by the
Bureau of Land Management, Department of the Interior, Washington,
D.C. and (2) the principles of real property relating to boundaries
and conveyancing.
   (c) The board may by rule provide for a waiver of the first
division of the examination for applicants whose education and
experience qualifications substantially exceed the requirements of
Section 8742.
   (d) The board may by rule provide for a waiver of the second
division of the examination and the assignment to a special
examination for those applicants whose educational qualifications are
equal to, and whose experience qualifications substantially exceed,
those qualifications established under subdivision (c).  The special
examination may be either written or oral, or a combination of both.



8741.1.  The second division of the examination for licensure as a
land surveyor shall include an examination that incorporates a
national examination for land surveying by a nationally recognized
entity approved by the board, and a supplemental California specific
examination.  The California specific examination shall test the
applicant's knowledge of the provisions of this chapter and the board'
s rules and regulations regulating the practice of professional land
surveying in this state.  The board shall prepare and distribute to
applicants for the second division of the examination a plain
language pamphlet describing the provisions of this chapter and the
board's rules and regulations regulating the practice of land
surveying in the state.
   The board shall use the national examination on or before June 1,
2003.  In the meantime, the board may continue to provide the current
state-only second division examination and administer the test on
the provisions of this chapter and board rules as a separate part of
the second division examination for licensure as a land surveyor.



8742.  (a) The educational qualifications and experience in land
surveying, which an applicant for the second division examination
shall possess, shall not be less than one of the following prescribed
criteria:
   (1) Graduation from a four-year curriculum with an emphasis in
land surveying approved by the board or accredited by a national or
regional accrediting agency recognized by the United States Office of
Education at a postsecondary educational institution and two years
of actual broad based progressive experience in land surveying,
including one year of responsible field training and one year of
responsible office training, satisfactory to the board.
   (2) Actual broad based progressive experience in land surveying
for at least six years, including one year of responsible field
training and one year of responsible office training, satisfactory to
the board.
   (3) Registration as a civil engineer with two years of actual
broad based progressive experience in land surveying satisfactory to
the board.
   (b) With respect to an applicant for a license as a land surveyor,
the board shall count one year of postsecondary education in land
surveying as one year of experience in land surveying up to a maximum
of four years, provided the applicant has graduated from the course
in land surveying and the curriculum in land surveying is approved by
the board or is accredited by a regional or national accrediting
agency recognized for the purpose by the United States Office of
Education.  Each year of study in an approved or an accredited course
in land surveying without graduation shall be counted the same as
one-half year of experience.
   Each applicant claiming equivalent credit for education may be
required to produce a complete transcript of all college level
courses completed.
   Until January 1, 2000, the board may, at its discretion, confer
credit as experience in land surveying, not in excess of two years,
for successfully passing the first division of the examination
prescribed in Section 8741.



8743.  The names and addresses of at least four land surveyors or
civil engineers, duly qualified to practice in the place in which
such practice has been conducted, each of whom has sufficient
knowledge of the applicant to enable him to certify to the applicant'
s professional integrity, ability and fitness to receive a license,
shall be submitted with the application for the second division of
the examination.



8744.  The applicant for the second division of the examination
shall state in his application that, should he be licensed, he will
support the Constitution of this State and of the United States, and
that he will faithfully discharge the duties of a licensed land
surveyor.



8745.  Examinations for license shall be held at such times and at
such places within the State as determined by board rule.
   The examinations may be conducted by one or more members of the
board or one or more of their duly authorized representatives.
   The scope of examinations and the method of procedure shall be
prescribed by board rule.



8746.  In determining the qualifications of any applicant for
license, a majority vote of the board is required.
   An applicant failing on examination, upon the payment of another
application fee may be examined again.



8747.  Any applicant who has passed the examinations prescribed by
the board shall have a suitable license issued to him or her.
   (a) An applicant who has passed the first division of the
examination shall be issued a certificate as a land
surveyor-in-training.  No renewal or other fee, other than the
application fee, shall be charged for this certification.  This
certificate shall become invalid upon the person passing the second
division of the examination and being issued a license as a land
surveyor, as provided in subdivision (b).  A land
surveyor-in-training certificate shall not authorize the holder
thereof to practice or offer to practice land surveying.  No person
shall use the title of land surveyor-in-training, or any abbreviation
of this title, unless he or she is the holder of a valid land
surveyor-in-training certificate.
   (b) An applicant who has passed the second division of the
examination shall be issued a license as a land surveyor.  The
license shall authorize him or her to practice as a land surveyor.




8747.5.  (a) The board shall issue, upon application and payment of
the fee established by Section 8805, a retired license to a land
surveyor who has been licensed by the board for a minimum of five
years within California, and a minimum of 20 years within the United
States or territories of the United States, and who holds a license
that is not suspended, revoked, or otherwise disciplined, or subject
to pending discipline under this chapter.
   (b) The holder of a retired license issued pursuant to this
section shall not engage in any activity for which an active land
surveyor's license is required.  A land surveyor holding a retired
license shall be permitted to use the titles "retired professional
land surveyor" or "professional land surveyor, retired."
   (c) The holder of a retired license shall not be required to renew
that license.
   (d) In order for the holder of a retired license issued pursuant
to this section to restore his or her license to active status, he or
she shall pass the examination that is required for initial
licensure with the board.



8748.  The board, upon application therefor, and the payment of the
application and license fees fixed by this chapter, may issue a land
surveyor's license, without written examination, to any person who
holds a valid land surveyor's license issued to him by any State or
country when the applicant's qualifications meet the requirements of
this chapter and rules established by the board.



8748.5.  If an applicant for license as a land surveyor or
certification as a land surveyor-in-training is found by the board to
lack the qualifications required for admission to the examination
for such license or certification, the board may, in accordance with
the provisions of Section 158 of this code, refund to him one-half of
the amount of his application fee.



8749.  A duplicate certificate of license to replace one lost,
destroyed or mutilated may be issued subject to the rules and
regulations of the board. The duplicate certificate fee fixed by this
chapter shall be charged.


8750.  Upon being licensed, each licensee may obtain a stamp or seal
of the design authorized by the board bearing the licensee's name,
number of certificate, and the legend "Licensed Land Surveyor," or
"Professional Land Surveyor."   The stamp or seal shall contain the
expiration date of the license, or a space within which the
expiration date must be written.



8751.  No person shall represent himself or herself as, or use the
title of, or any abbreviation or combination of the words in the
title of, professional land surveyor, licensed land surveyor, land
surveyor, land survey engineer, survey engineer, geodetic engineer,
or geometronic engineer unless he or she is the holder of a valid,
unsuspended, and unrevoked license.



8752.  An unrevoked, unsuspended and unexpired license, or renewal
certificate, issued by the board is presumptive evidence in all
courts and places that the person named is legally licensed under
this chapter.


8753.  A temporary authorization to practice as a professional land
surveyor, as defined by this chapter, may be granted for a specific
project, upon application and payment of the fee prescribed in
Section 8805, for a period not to exceed 180 days, if the applicant
complies with each of the following provisions:
   (a) The applicant maintains no place of business in this state.
   (b) The applicant is legally qualified to practice land surveying
in the state or country where he or she maintains a place of
business.
   (c) The applicant demonstrates by means of an individual
appearance before the board satisfactory evidence of his or her
knowledge of the practice of land surveying in this state as related
to the specific project for which the temporary authorization is
requested.
   (d) The applicant takes and passes the examination in the state
laws and board rules described in Section 8741.1.
   (e) The applicant notifies the board in writing of his or her
intention to practice, stating the approximate date when he or she
intends to commence the specific project and the approximate duration
of the specific project, which shall not exceed 180 consecutive days
from the commencement date of the specific project.
   Upon completion of the requirements, the executive officer, on the
direction of the board, shall issue a temporary authorization to the
applicant.



8759.  (a) A licensed land surveyor or registered civil engineer
authorized to practice land surveying shall use a written contract
when contracting to provide professional services to a client
pursuant to this chapter.  The written contract shall be executed by
the licensed land surveyor or registered civil engineer and the
client, or his or her representative, prior to the licensed land
surveyor or registered civil engineer commencing work, unless the
client knowingly states in writing that work may be commenced before
the contract is executed.  The written contract shall include, but
not be limited to, all of the following:
   (1) A description of the services to be provided to the client by
the licensed land surveyor or registered civil engineer.
   (2) A description of any basis of compensation applicable to the
contract, and the method of payment agreed upon by the parties.
   (3) The name, address, and license or certificate number of the
licensed land surveyor or registered civil engineer, and the name and
address of the client.
   (4) A description of the procedure that the licensed land surveyor
or registered civil engineer and the client will use to accommodate
additional services.
   (5) A description of the procedure to be used by any party to
terminate the contract.
   (b) This section shall not apply to any of the following:
   (1) Professional land surveying services rendered by a licensed
land surveyor or registered civil engineer for which the client will
not pay compensation.
   (2) A licensed land surveyor or registered civil engineer who has
a current or prior contractual relationship with the client to
provide professional services pursuant to this chapter, and that
client has paid the surveyor or engineer all of the fees that are due
under the contract.
   (3) If the client knowingly states in writing after full
disclosure of this section that a contract which complies with the
requirements of this section is not required.
   (4) Professional services rendered by a licensed land surveyor or
a registered civil engineer to any of the following:
   (A) A professional engineer licensed or registered under Chapter 7
(commencing with Section 6700).
   (B) A land surveyor licensed under this chapter.
   (C) An architect licensed under Chapter 3 (commencing with Section
5500).
   (D) A contractor licensed under Chapter 9 (commencing with Section
7000).
   (E) A geologist or a geophysicist licensed under Chapter 12.5
(commencing with Section 7800).
   (F) A manufacturing, mining, public utility, research and
development, or other industrial corporation, if the services are
provided in connection with or incidental to the products, systems,
or services of that corporation or its affiliates.
   (G) A public agency.
   (c) "Written contract" as used in this section includes a contract
that is in electronic form.