09.13.04.01

.01 Definitions.

A. For purposes of Business Occupations and Professions Article, 15-318(5), Annotated Code of Maryland, the following terms have the meanings indicated.

B. Terms Defined.

(1) Gross Negligence.

(a) "Gross negligence" means a wrongful act or omission, more culpable in nature than simple inadvertence or mistake, characterized by disregard of the property rights of others. It is conduct which constitutes substantial departure from the standard of care required of professional land surveyors or property line surveyors.

(b) "Gross negligence" includes but is not limited to:

(i) Knowingly or recklessly preparing a plat or other survey document which fails to protect the rights of interested parties where the surveyor knew those rights existed;

(ii) Knowingly or recklessly failing to provide minimal supervision of employees engaged in surveying work;

(iii) Knowingly or recklessly preparing a plat or other survey document which, if properly relied upon, could lead to serious injury to persons or property.

(2) "Incompetence" means:

(a) Physical or mental incapacity; or

(b) Engaging in conduct which evidences a lack of proficiency, learning, ability, skill, or fitness necessary to perform regular duties, tasks, and functions of a professional land surveyor or property line surveyor in a reasonably effective, professional, and competent manner.

(3) Misconduct.

(a) "Misconduct" means conduct by a professional land surveyor or property line surveyor which violates the standards of integrity of the profession.

(b) "Misconduct" includes but is not limited to:

(i) Violating the Code of Ethics set out in COMAR 09.13.01;

(ii) Expressing an opinion publicly on a land surveying subject without being informed as to the facts relating to it and being competent to form a sound opinion on it;

(iii) Being untruthful, deceptive, or misleading in any professional report, statement, or testimony whether under oath, or omitting relevant and pertinent information from the report, statement, or testimony when the result of an omission would or reasonably could lead to a fallacious conclusion on the part of the client or the general public;

(iv) Performing a land surveying assignment when not qualified by training or experience in the type of land surveying involved;

(v) Affixing a signature and seal to any land surveying plan or document in a subject matter over which the licensed professional land surveyor or property line surveyor lacks competence by virtue of inadequate training or experience and familiarity;

(vi) Offering directly or indirectly any bribe or commission to obtain selection or preferment for a land surveying employment with the exception of the payment of the usual commission for securing salaried positions through licensed employment agencies;

(vii) Soliciting or accepting gratuities directly or indirectly from contractors, their agents, or other parties dealing with the registered land surveyor's client or employer in connection with work for which the licensed professional land surveyor or property line surveyor is responsible;

(viii) Use by a licensed professional registered land surveyor or property line surveyor of the surveyor's land surveying expertise or professional land surveying status, or both, to commit a crime;

(ix) Affixing a surveyor's seal or signature, or both, to drawings, plats, or other documents required to be sealed pursuant to Business Occupations and Professions Article, 15-502, Annotated Code of Maryland, when the document has not been personally prepared by the registered land surveyor or prepared under the surveyor's responsible supervision, direction, and control;

(x) Knowingly associating with or permitting the use of the surveyor's name or firm name in a business venture with a person or firm which the surveyor knows or has reason to believe is engaging in business or professional practices of a fraudulent or dishonest nature;

(xi) Failing to present immediately information to the Board if a licensed professional land surveyor or property line surveyor has knowledge of or reason to believe that a person or firm is guilty of violating any of the provisions of Business Occupations and Professions Article, Title 15, Annotated Code of Maryland, or any of these rules of professional conduct.