citation: BPC § 8650

text:
Acting in the capacity of a licensee or registered company under any of the licenses or registrations issued hereunder except:

(a) In the name of the licensee or registered company as set forth upon the license or registration, or

(b) At the address and location or place or places of business as licensed or registered or as later changed as provided in this chapter is a ground for disciplinary action.

history: (History: Amended by Stats. 1985, Ch. 1348, Sec. 71. Operative January 1, 1987, by Sec. 97 of Ch. 1348.)

article: 7. Disciplinary Proceedings


kind: section

code: BPC

citation: BPC § 8651

text: The performing or soliciting of structural pest control work, the inspecting for structural or household pests, or the applying of any pesticide for the purpose of eliminating, exterminating, controlling, or preventing structural or household pests in branches of pest control other than those for which the operator, field representative, or applicator is licensed or the company is registered is a ground for disciplinary action.

history: (History: Amended by Stats. 2014, Ch. 560, Sec. 34. (SB 1244) Effective January 1, 2015.)

division: 3. PROFESSIONS AND VOCATIONS GENERALLY

chapter: 14. Structural Pest Control Operators

article: 7. Disciplinary Proceedings

path: 3. PROFESSIONS AND VOCATIONS GENERALLY > 14. Structural Pest Control Operators > 7. Disciplinary Proceedings


citation: BPC § 8652

text: Failure of a registered company to make and keep all inspection reports, field notes, contracts, documents, notices of work completed, and records, other than financial records, for a period of not less than three years after completion of any work or operation for the control of structural pests or organisms, is a ground for disciplinary action. These records shall be made available to the executive officer of the board or his or her duly authorized representative during business hours.

history: (History: Amended by Stats. 1999, Ch. 983, Sec. 10.8. Effective January 1, 2000.)

article: 7. Disciplinary Proceedings


citation: BPC § 8653

text: The failure of any registered company or agent or officer thereof, to pay any moneys due for any materials or services rendered in connection with its operations as a registered pest control company, when it has the ability to pay or when it has received sufficient funds therefor as payment for the particular pest control work, project, or operation for which the services or materials were rendered or purchased, is a ground for disciplinary action, as is the false denial of any such indebtedness or of the validity of the claim thereof with intent to secure for itself, or other person any discount upon such indebtedness or with intent to hinder, delay, or defraud the person to whom such indebtedness is due.

history: (History: Amended by Stats. 1985, Ch. 1348, Sec. 74. Operative January 1, 1987, by Sec. 97 of Ch. 1348.)

article: 7. Disciplinary Proceedings


citation: BPC § 8654

text: Any individual who has been denied a license for any of the reasons specified in Section 8568, or who has had his or her license revoked, or whose license is under suspension, or who has failed to renew his or her license while it was under suspension, or who has been a member, officer, director, associate, qualifying manager, or responsible managing employee of any partnership, corporation, firm, or association whose application for a company registration has been denied for any of the reasons specified in Section 8568, or whose company registration has been revoked as a result of disciplinary action, or whose company registration is under suspension, and while acting as such member, officer, director, associate, qualifying manager, or responsible managing employee had knowledge of or participated in any of the prohibited acts for which the license or registration was denied, suspended or revoked, shall be prohibited from serving as an officer, director, associate, partner, qualifying manager, or responsible managing employee of a registered company, and the employment, election or association of such person by a registered company is a ground for disciplinary action.

history: (History: Amended by Stats. 1985, Ch. 1348, Sec. 75. Operative January 1, 1987, by Sec. 97 of Ch. 1348.)

article: 7. Disciplinary Proceedings


citation: BPC § 8655

text: A plea or verdict of guilty or a conviction following a plea of nolo contendere made to a charge substantially related to the qualifications, functions, and duties of a structural pest control operator, field representative, applicator, or registered company is deemed to be a conviction within the meaning of this article or Section 8568 of this chapter. The board may order the license or registration suspended or revoked, or may decline to issue a license, when the time for appeal has elapsed, or the judgment of conviction has been affirmed on appeal or when an order granting probation is made suspending the imposition of sentence, irrespective of a subsequent order under the provisions of Section 1203.4 of the Penal Code allowing the individual or registered company to withdraw a plea of guilty and to enter a plea of not guilty, or setting aside the verdict of guilty, or dismissing the accusation, information or indictment.

history: (History: Amended by Stats. 1994, Ch. 844, Sec. 48. Effective January 1, 1995.)

article: 7. Disciplinary Proceedings


citation: BPC § 8656

text: In addition to the remedies provided for in Section 125.9, when the licensee who is a registered company has failed to pay the fine assessed pursuant to a citation within 30 days of the date of assessment, unless the citation is being appealed, the board shall not sell to the registered company any pesticide use stamps until the assessed fine has been paid.

history: (History: Amended by Stats. 1999, Ch. 983, Sec. 10.85. Effective January 1, 2000.)

article: 7. Disciplinary Proceedings


citation: BPC § 8657

text:
The appointment of a receiver of the property of a licensee or registered company as provided in Chapter 5 (commencing with Section 564) of Title 7 of Part 2 of the Code of Civil Procedure, or the making of an assignment for the benefit of creditors, constitutes a cause for disciplinary action.

If a license or registration is suspended or revoked upon the grounds set forth in this section, the registrar in his or her discretion may renew or reissue such license upon the condition that each contract undertaken by the licensee or registered company be separately covered by a bond or bonds conditioned upon the performance of, and the payment of labor and material required by, the contract.

history: (History: Amended by Stats. 1985, Ch. 1348, Sec. 77. Operative January 1, 1987, by Sec. 97 of Ch. 1348.)

article: 7. Disciplinary Proceedings


citation: BPC § 8658

text: The board may bring an action to enjoin the violation of any provision of this chapter in any superior court in and for the county in which the violation has occurred. Any such action shall conform to the requirements of Chapter 3 (commencing with Section 525) of Title 7 of Part 2 of the Code of Civil Procedure, except that the board shall not be required to allege facts necessary to show or tending to show lack of an adequate remedy at law or irreparable damage or loss. The action shall be brought in the name of the people of the State of California.

history: (History: Added by Stats. 1961, Ch. 1314.)

article: 7. Disciplinary Proceedings


citation: BPC § 8660

text: A disciplinary review committee consisting of three members shall be established for the purposes of reviewing appeals of orders issued pursuant to Section 8617. The committee shall be made up of one member representing the Director of Pesticide Regulation and one member representing the board. The third member shall be a licensed pest control operator actively involved in the business of pest control and shall be selected by agreement of the other members.

history: (History: Amended by Stats. 2014, Ch. 560, Sec. 35. (SB 1244) Effective January 1, 2015.)

article: 7. Disciplinary Proceedings


citation: BPC § 8662

text:
(a) Whenever the right of a structural pest control licensee or registered company to make pesticide applications is to be suspended or the licensee, registered company, or unlicensed individual is to be fined pursuant to Section 8617, and if the person upon whom the commissioner imposed a fine or suspension requested and appeared at a hearing before the commissioner in accordance with Section 8617, the party to be suspended or fined may appeal to the Disciplinary Review Committee by filing a written appeal with the committee within 30 days of receipt of the fine or suspension order.

(b) The following procedures shall apply to the appeal:

(1) The appeal shall be in writing and signed by the appellant or his or her or its authorized agent, state the grounds for the appeal, and include a copy of the commissioner’s decision. The appellant shall file a copy of the appeal with the commissioner at the same time it is filed with the committee.

(2) Any party may, at the time of filing the appeal or within 10 days thereafter, or at a later time prescribed by the committee or its designee, present the record of the hearing, including written evidence that was submitted at the hearing and written argument to the committee stating the grounds for affirming, modifying, or reversing the commissioner’s decision.

(3) The committee or its designee may grant oral argument upon application made at the time written arguments are filed. If an application to present an oral argument is granted, written notice of the time and place for the oral argument shall be given each party at least 10 days before the date set therefor. The times may be altered by mutual agreement of the appellant, the commissioner, and the committee.

(4) At any time written evidence is submitted to the committee, a copy shall be immediately provided to the other party.

(5) The committee shall decide the appeal on the record of the hearing, including the written evidence and the written argument described in paragraph (2) that the committee may have received. If the committee finds substantial evidence in the record to support the commissioner’s decision, the committee shall affirm the decision.

(6) The committee shall render its written decision within 45 days of the date of appeal or within 15 days from the date of oral arguments, or as soon thereafter as practical.

(7) On an appeal pursuant to this section, the committee may sustain, modify by reducing the time of suspension or the amount of the fine levied, or reverse the decision. A copy of the committee’s decision shall be delivered or mailed to each party.

(8) Review of the decision of the committee may be sought by the licensee, registered company, or unlicensed individual pursuant to Section 1094.5 of the Code of Civil Procedure.

history: (History: Amended by Stats. 2004, Ch. 443, Sec. 3. Effective January 1, 2005.)

article: 7. Disciplinary Proceedings


citation: BPC § 8663

text:
(a) This section only applies to work conducted under a Branch 1 license.

(b) A copy of a notice of violation issued for any violation committed by a subcontractor shall be sent to the prime contractor responsible for the work by the issuing authority within 30 days from the date the violation was committed or discovered. In circumstances where the violation is classified as serious or moderate, notification shall be performed by certified mail with a return receipt requested.

(c) The board or county agricultural commissioners, when acting pursuant to Section 8616.4, may levy a fine of up to five thousand dollars ($5,000) against a registered company acting as a prime contractor for any serious or moderate violation committed by any licensee with whom the prime contractor has subcontracted if, before that violation occurred, the prime contractor had been notified by certified mail, return receipt requested, of two or more serious or moderate violations committed by that subcontractor within 12 consecutive months.

Fines collected pursuant to this section shall be paid to the Education and Enforcement Account in the Structural Pest Control Education and Enforcement Fund.

(d) For purposes of this section, “serious or moderate” violation includes, but is not limited to, a violation of any of the following provisions of this code or of the California Code of Regulations that poses a serious hazard to humans:

(1) A violation of subdivision (a) or (b) of Section 1970.4 of Title 16 of, or Section 6454 of Title 3 of, the California Code of Regulations, or a violation of Section 8505.5.

(2) Any violation of the structural pest control law that results in a serious injury to any person.

(3) A violation of Section 8505.2 or 8505.3, relating to direct and personal supervision.

(4) A violation of Section 8505.7, relating to vacating and securing structures.

(5) A violation of Section 6780 of Title 3 of the California Code of Regulations.

(6) A violation of Section 6454 of Title 3 of the California Code of Regulations.

(7) A violation of Section 8505.12, relating to warning agents.

(8) A violation of Section 8505.9 or 8505.10, relating to warning signs.

(e) Notwithstanding subdivision (c), a prime contractor may be fined for a subcontractor’s first violation for failing to have a signed Occupants Fumigation Notice, pursuant to Section 1970.4 of Title 16 of the California Code of Regulations, on the premises being treated, or for failure to provide advance notice of a fumigation pursuant to Section 8538 to the occupants of the premises being treated.

history: (History: Amended by Stats. 2018, Ch. 572, Sec. 15. (SB 1481) Effective January 1, 2019.)

article: 7. Disciplinary Proceedings


citation: BPC § 8664

text:
(a) This section only applies to work conducted under a Branch 1 license.

(b) Before a fine can be levied pursuant to Section 8663, the prime contractor shall be provided notice of the nature of the violation and shall be given an opportunity to be heard, including the right to review the commissioner’s evidence and a right to present evidence on his or her own behalf.

(c) The prime contractor may appeal the fine to the Disciplinary Review Committee and shall be subject to the procedures in Section 8662.

(d) If a fine is ordered, it may not take effect until 20 days after the date of the decision provided that no appeal is filed. If an appeal is filed pursuant to Section 8662, the order shall be stayed until 20 days after the committee has ruled on the appeal.

(e) Once final action is taken pursuant to this section, no other administrative or civil action may be taken by any state governmental agency for the same violation. However, action taken pursuant to this section may be used by the board as evidence of prior discipline, and multiple local actions may be the basis for statewide disciplinary action by the board pursuant to Section 8620. A certified copy of the fine order issued pursuant to this section or Section 8662 shall constitute conclusive evidence of the occurrence of the violation.

history: (History: Added by Stats. 1993, Ch. 384, Sec. 4. Effective January 1, 1994.)

article: 7. Disciplinary Proceedings


citation: BPC § 8665

text: The fact that an applicator is licensed shall not affect any liability or responsibility for disciplinary action of any operator, field representative, or registered company that employs or supervises an applicator.

history: (History: Added by Stats. 1994, Ch. 844, Sec. 49. Effective January 1, 1995.)

article: 7. Disciplinary Proceedings


citation: BPC § 8666

text:
It shall be unlawful for any licensee under this chapter to recommend or to perform any pest control corrective work under any contract or agreement that the licensee knows or has reason to know is in excess of that required to eliminate the condition for which the licensee was employed.

A violation of this section is a public offense and is punishable upon the first conviction by imprisonment in the county jail for not more than six months, or by a fine not to exceed ten thousand dollars ($10,000), or by both that imprisonment and fine.

history: (History: Added by Stats. 1996, Ch. 829, Sec. 106. Effective January 1, 1997.)

article: 7. Disciplinary Proceedings


citation: BPC § 8670

text: As used in this chapter, “original operator’s license” means an operator’s license that is not a renewal license.

history: (History: Added by Stats. 1941, Ch. 1163.)

article: 8. Revenue

path: 3. PROFESSIONS AND VOCATIONS GENERALLY > 14. Structural Pest Control Operators > 8. Revenue


citation: BPC § 8671

text: As used in this chapter, “renewal operator’s license” means a license issued to an individual who had an operator’s license unrevoked and unsuspended on June 30th of the preceding renewal period.

history: (History: Amended by Stats. 1985, Ch. 1348, Sec. 79. Operative January 1, 1987, by Sec. 97 of Ch. 1348.)

article: 8. Revenue


citation: BPC § 8672

text:
As used in this chapter, “original field representative’s license” means a field representative’s license issued to an individual who did not have a license on the preceding June 30th.

For the purpose of this chapter, a renewal field representative’s license means a field representative’s license issued to an individual who had a field representative’s license on June 30th of the preceding renewal period.

history: (History: Amended by Stats. 1981, Ch. 360, Sec. 9.)

article: 8. Revenue


text:
(a) As used in this chapter, “original applicator’s license” means an applicator’s license issued for an individual who did not have a license on the preceding June 30.

(b) For the purposes of this chapter, a renewal of an applicator’s license means an applicator’s license issued to an individual who had an applicator’s license on June 30 of the preceding renewal period.

history: (History: Added by Stats. 2014, Ch. 560, Sec. 36. (SB 1244) Effective January 1, 2015.)

article: 8. Revenue


citation: BPC § 8673

text: License fees shall not be prorated unless an individual licensed as an operator, a field representative, or an applicator requests an earlier expiration date of one of the licenses in accordance with Section 8590. All license and registration fees shall be paid in advance of the issuance of the license or registration, and all examination fees shall be paid in advance of the examination.

history: (History: Amended by Stats. 2014, Ch. 560, Sec. 37. (SB 1244) Effective January 1, 2015.)

article: 8. Revenue


citation: BPC § 8674

text:
The fees prescribed by this chapter are the following:

(a) A duplicate license fee of not more than two dollars ($2).

(b) A fee for filing a change of name of a licensee of not more than two dollars ($2).

(c) An operator’s examination fee of not more than one hundred dollars ($100).

(d) An operator’s license fee of not more than one hundred fifty dollars ($150).

(e) An operator’s license renewal fee of not more than one hundred fifty dollars ($150).

(f) A company registration fee of not more than one hundred twenty dollars ($120).

(g) A branch office registration fee of not more than sixty dollars ($60).

(h) A field representative’s examination fee of not more than seventy-five dollars ($75).

(i) A field representative’s license fee of not more than forty-five dollars ($45).

(j) A field representative’s license renewal fee of not more than forty-five dollars ($45).

(k) An applicator’s examination fee of not more than sixty dollars ($60).

(l) An applicator’s license fee of not more than fifty dollars ($50).

(m) An applicator’s license renewal fee of not more than fifty dollars ($50).

(n) An activity form fee, per property address, of not more than five dollars ($5).

(o) A fee for certifying a copy of an activity form of not more than three dollars ($3).

(p) A fee for filing a change of a registered company’s name, principal office address, or branch office address, qualifying manager, or the names of a registered company’s officers, or bond or insurance of not more than twenty-five dollars ($25) for each change.

(q) A fee for approval of continuing education providers of not more than fifty dollars ($50).

(r) A pesticide use report filing fee of not more than five dollars ($5) for each pesticide use report or combination of use reports representing a registered structural pest control company’s total county pesticide use for the month.

(s) A fee for approval of continuing education courses of not more than twenty-five dollars ($25).

(t) (1) Any person who pays a fee pursuant to subdivision (r) shall, in addition, pay a fee of two dollars ($2) for each pesticide use stamp or stamp number purchased from the board. Notwithstanding any other law, the fee established pursuant to this subdivision shall be deposited into the Structural Pest Control Research Fund that is hereby continued in existence and continuously appropriated to be used only for structural pest control research.

(2) A charge for administrative expenses of the board in an amount not to exceed 5 percent of the amount collected and deposited in the Structural Pest Control Research Fund may be assessed against the fund. The charge shall be limited to expenses directly related to the administration of the fund.

(3) The board shall, by regulation, establish a five-member research advisory panel, including, but not limited to, representatives from the Structural Pest Control Board, the structural pest control industry, the Department of Pesticide Regulation, and the University of California. The panel, or other entity designated by the board, shall solicit on behalf of the board all requests for proposals and present to the panel all proposals that meet the criteria established by the panel. The panel shall review the proposals and recommend to the board which proposals to accept. The recommendations shall be accepted upon a two-thirds vote of the board. The board shall direct the panel, or other entity designated by the board, to prepare and issue the research contracts and authorize the transfer of funds from the Structural Pest Control Research Fund to the applicants whose proposals were accepted by the board.

(4) A charge for requests for proposals, contracts, and monitoring of contracted research shall not exceed 5 percent of the research funds available each year and shall be paid from the Structural Pest Control Research Fund.

history: (History: Amended by Stats. 2018, Ch. 572, Sec. 16. (SB 1481) Effective January 1, 2019.)

article: 8. Revenue


citation: BPC § 8675

text: The delinquent penalty for a renewal of any license issued under this chapter applied for after the expiration date of the license shall be 50 percent of the fee required for the renewal of the license applied for before the expiration date but not more than one hundred dollars ($100).

history: (History: Amended by Stats. 1996, Ch. 829, Sec. 106.5. Effective January 1, 1997.)

article: 8. Revenue


citation: BPC § 8676

text:
The Department of Consumer Affairs shall receive and account for all moneys collected under this chapter at the end of each month, and shall pay it into the Treasury to the credit of the Structural Pest Control Fund, which is hereby continued in existence.

The moneys in this fund shall be expended for the pro rata cost of administration of the Department of Consumer Affairs and for the purpose of carrying out the provisions of this chapter.

history: (History: Amended by Stats. 2013, Ch. 352, Sec. 14. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.)

article: 8. Revenue


citation: BPC § 8690

text: The board shall not issue any company registration under this chapter unless the applicant shall have filed with the board on a form prescribed by the board evidence of an insurance policy approved by the board as specified in this article, being in effect at the time of the issuance of the company registration. This evidence shall include a provision that the board shall be given a 10-day notice by the insurance company should the policy be canceled or changed during the policy period in a manner as to affect the evidence. Another method of deposit, including a certificate of deposit, or other undertaking shall not satisfy this requirement.

history: (History: Amended by Stats. 2013, Ch. 218, Sec. 1. (SB 662) Effective January 1, 2014.)

article: 9. Financial Responsibility

path: 3. PROFESSIONS AND VOCATIONS GENERALLY > 14. Structural Pest Control Operators > 9. Financial Responsibility


citation: BPC § 8691

text: A registered company shall not engage in the practices for which it is required to be registered by this chapter unless it maintains an insurance policy as specified in this article.

history: (History: Amended by Stats. 2013, Ch. 218, Sec. 2. (SB 662) Effective January 1, 2014.)

article: 9. Financial Responsibility


citation: BPC § 8692

text:
(a) An “insurance policy” as used in this article means a contract of liability insurance issued by an insurance company authorized to transact business in this state or one issued by a nonadmitted carrier whose activities in this state are controlled by the Surplus Line Association, which insures the policyholder against loss from legal liability for damages on property upon which work is being performed or has been completed, including third-party losses, as a result of an accident or occurrence due to participation in control, prevention, or repair activities that require a license under this chapter. The insurance policy shall provide minimum limits of five hundred thousand dollars ($500,000) for any one loss due to bodily injury, sickness, or disease, including death at any time resulting therefrom, sustained by any person, and five hundred thousand dollars ($500,000) minimum for any one loss due to injury or destruction of property, including the loss of use of the property.

(b) This section shall not be construed to require errors and omissions insurance for all activities relating to or during inspections, inspection reports, recommendations, estimates, and bids, whether oral or written.

history: (History: Amended by Stats. 2013, Ch. 218, Sec. 3. (SB 662) Effective January 1, 2014.)

article: 9. Financial Responsibility


citation: BPC § 8693

text:
(a) The board shall not issue, reinstate, or continue to maintain any company registration under this chapter unless the applicant or existing company has filed a current and valid Certificate of Workers’ Compensation Insurance as evidence of current and valid Workers’ Compensation Insurance coverage. A Certificate of Workers’ Compensation Insurance shall be issued and filed, electronically or otherwise, by an insurer duly licensed to write workers’ compensation insurance in this state. If reciprocity conditions exist, as provided in Section 3600.5 of the Labor Code, the registrar shall require the information deemed necessary to ensure compliance with this section.

(b) This section does not apply to a registered company that has no employees provided that a statement is filed with the board on a form prescribed by the registrar prior to the issuance, reinstatement, or continued maintenance of a company registration, certifying that the registered company does not employ any person in any manner so as to become subject to the workers’ compensation laws of California or is not otherwise required to provide for workers’ compensation insurance coverage under California law.

(c) (1) The insurer, including the State Compensation Insurance Fund, shall report to the registrar the following information for any policy required under this section: company name, registration number, policy number, dates that coverage is scheduled to commence and lapse, and cancellation date if applicable.

(2) A workers’ compensation insurer shall also report to the registrar a registered company whose workers’ compensation insurance policy is canceled by the insurer if all of the following conditions are met:

(A) The insurer has completed a premium audit or investigation.

(B) A material misrepresentation has been made by the insured that results in financial harm to the insurer.

(C) No reimbursement has been paid by the insured to the insurer.

(d) (1) Willful or deliberate disregard and violation of workers’ compensation insurance laws constitutes a cause for disciplinary action by the registrar against the registered company and the qualifying manager or managers.

(2) The provisions of Section 8553 shall not apply to any violation of this section.

history: (History: Added by Stats. 2022, Ch. 190, Sec. 1. (SB 1064) Effective January 1, 2023.)

article: 9. Financial Responsibility


citation: BPC § 8695

text: The violation of any provision of this article is a misdemeanor and shall be grounds for the suspension or revocation by the board of the operator’s license of the owner or qualifying manager or managers of the registered company and of the company registration.

history: (History: Amended by Stats. 1985, Ch. 1348, Sec. 90. Operative January 1, 1987, by Sec. 97 of Ch. 1348.)

article: 9. Financial Responsibility


citation: BPC § 8697

text: Each company registered under the provisions of this chapter shall maintain a bond executed by an admitted surety insurer in the amount of twelve thousand five hundred dollars ($12,500). Another method of deposit, including a certificate of deposit, or other undertaking shall not satisfy this requirement.

history: (History: Amended by Stats. 2013, Ch. 218, Sec. 5. (SB 662) Effective January 1, 2014.)

article: 10. Indemnity Bonds

path: 3. PROFESSIONS AND VOCATIONS GENERALLY > 14. Structural Pest Control Operators > 10. Indemnity Bonds


text: The bonds required by this article shall be in favor of the State of California for the benefit of any person who, after entering into a contract with a registered company, is damaged by fraud or dishonesty of the registered company in the performance of the contract, or any person who is damaged as a result of a violation of this chapter by the registered company.

history: (History: Amended by Stats. 1985, Ch. 1348, Sec. 93. Operative January 1, 1987, by Sec. 97 of Ch. 1348.)

article: 10. Indemnity Bonds


text:
(a) If, after a hearing conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, a license or company registration is suspended or revoked upon the grounds set forth in Article 7 (commencing with Section 8620), the registrar shall require the applicant, licensee, or registered company, as a condition to the issuance, reissuance, or restoration of the license or company registration, to file a surety bond in the sum to be determined by the registrar based upon the seriousness of the violation, but the sum shall not be less than one thousand dollars ($1,000) nor more than twenty-five thousand dollars ($25,000).

(b) The bond required by this section shall be in addition to the bond required by Section 8697 of this article.

(c) Each applicant, licensee, or registered company required to maintain a bond of the type provided in this section shall post the bond with the registrar for a period of at least two years and during the additional time as there may be unsatisfied claims outstanding against the same.

history: (History: Amended by Stats. 2013, Ch. 218, Sec. 6. (SB 662) Effective January 1, 2014.)

article: 10. Indemnity Bonds


text: Upon failure of a licensee or registered company to maintain in full force and effect any bond required by this article the registrar shall issue an order suspending or revoking the license or company registration, which shall not be reinstated until a new bond is filed.

history: (History: Amended by Stats. 1985, Ch. 1348, Sec. 95. Operative January 1, 1987, by Sec. 97 of Ch. 1348.)

article: 10. Indemnity Bonds


citation: BPC § 8698

text: The Director of the Department of Pesticide Regulation shall provide oversight for the purposes of carrying out Section 8698.1. The Los Angeles County Agricultural Commissioner, the Orange County Agricultural Commissioner, and the Santa Clara County Agricultural Commissioner may perform increased structural fumigation, inspection, and enforcement activities, to be funded by the eight-dollar ($8) fee collected pursuant to Section 8698.1.

history: (History: Amended by Stats. 2022, Ch. 235, Sec. 1. (AB 2452) Effective January 1, 2023. Repealed as of January 1, 2029, pursuant to Section 8698.6.)

path: 3. PROFESSIONS AND VOCATIONS GENERALLY > 14.5. Structural Fumigation Enforcement Program


text:
(a) Any company that performs a structural fumigation in Los Angeles County, Orange County, or Santa Clara County shall pay to the county agricultural commissioner a fee of eight dollars ($8) for each fumigation conducted at a specific location.

(b) The fees shall be submitted by the 10th day of the month following the month in which the structural fumigation was performed. The fees shall be accompanied by report that lists the addresses of all locations in that county at which a structural fumigation was performed during the prior month.

history: (History: Amended by Stats. 2022, Ch. 235, Sec. 2. (AB 2452) Effective January 1, 2023. Repealed as of January 1, 2029, pursuant to Section 8698.6.)

chapter: 14.5. Structural Fumigation Enforcement Program


text: The Director of the Department of Pesticide Regulation may adopt regulations to carry out the provisions of this chapter. In adopting regulations the director shall, in consultation with the Structural Pest Control Board, review recommendations from any individual, including any licensed pest control operator regarding matters which pertain to the use of structural fumigation to control pests. The director shall respond within a reasonable period of time to recommendations which the director deems are practicable and in the interest of the structural pest control industry and the public. The response of the director shall be in writing and shall contain statements regarding reasons for acceptance or rejection of a recommendation.

history: (History: Added by Stats. 1993, Ch. 393, Sec. 1. Effective January 1, 1994. Repealed as of January 1, 2029, pursuant to Section 8698.6.)


text:
(a) The Director of the Department of Pesticide Regulation or a county agricultural commissioner listed in Section 8698 may levy a civil penalty against a person or company violating this chapter, including any regulation adopted pursuant to this chapter for failing to comply with Section 8698.1.

(b) Before a civil penalty is levied, the person charged with the violation shall receive notice of the nature of the violation and shall be given an opportunity to be heard, including the right to review the director’s evidence and a right to present evidence on his or her own behalf.

(c) Review of the decision of the director may be sought by the person against whom the penalty was levied, within 30 days of receiving notice of the decision, pursuant to Section 1094.5 of the Code of Civil Procedure.

(d) After the exhaustion of the review procedure provided in this section, the director, or his or her representative, may file a certified copy of a final decision of the director that directs the payment of a civil penalty and, if applicable, any order that denies a petition for a writ of administrative mandamus, with the clerk of the superior court of any county. Judgment shall be entered immediately by the clerk in conformity with the decision or order. No fees shall be charged by the clerk of the superior court for the performance of any official service required in connection with the entry of judgment pursuant to this section.

history: (History: Amended by Stats. 2018, Ch. 572, Sec. 17. (SB 1481) Effective January 1, 2019. Repealed as of January 1, 2029, pursuant to Section 8698.6.)


text: Pursuant to Section 15204.6 of the Food and Agricultural Code, a county agricultural commissioner may require full payment of any delinquent fees due to that county pursuant to Section 8698.1 as a condition to registering a structural pest control licensee to operate a structural pest control business in that county.

history: (History: Added by Stats. 2013, Ch. 596, Sec. 4. (AB 1177) Effective January 1, 2014. Repealed as of January 1, 2029, pursuant to Section 8698.6.)


text: Funds collected pursuant to this chapter shall be paid to the county and used for the sole purpose of funding enforcement and training activities directly related to the structural fumigation program created pursuant to Section 8698. The fees collected under this chapter shall be in addition to, and shall not be used to supplant, other funds provided to the county agricultural commissioner pursuant to Section 12844 of the Food and Agricultural Code.

history: (History: Amended by Stats. 2008, Ch. 179, Sec. 19. Effective January 1, 2009. Repealed as of January 1, 2029, pursuant to Section 8698.6.)


text: This chapter shall remain in effect only until January 1, 2029, and as of that date is repealed.

history: (History: Amended by Stats. 2023, Ch. 82, Sec. 1. (AB 307) Effective January 1, 2024. Repealed as of January 1, 2029, by its own provisions. Note: Repeal affects Chapter 14.5, commencing with Section 8698.)


citation: BPC § 8700

text: This chapter may be cited as the Professional Land Surveyors’ Act. Whenever reference is made to the Land Surveyors’ Act by any statute, it shall be construed as referring to the Professional Land Surveyors’ Act.

history: (History: Amended by Stats. 1987, Ch. 582, Sec. 1.)

chapter: 15. Land Surveyors

article: 1. General Provisions

path: 3. PROFESSIONS AND VOCATIONS GENERALLY > 15. Land Surveyors > 1. General Provisions


citation: BPC § 8701

text: “Professional land surveyor” refers to one who practices or offers to practice land surveying. Whenever reference is made to a land surveyor by any statute, it shall be construed as referring to a professional land surveyor.

history: (History: Amended by Stats. 1987, Ch. 582, Sec. 2.)

article: 1. General Provisions


citation: BPC § 8702

text: “Director” refers to the Director of Consumer Affairs.

history: (History: Amended by Stats. 1971, Ch. 716.)

article: 1. General Provisions


citation: BPC § 8703

text: The phrase “responsible charge of work” means the independent control and direction, by the use of initiative, skill, and independent judgment, of the observations, measurements, and descriptions involved in land surveying work. The phrase does not refer to the concept of financial liability.

history: (History: Amended by Stats. 1986, Ch. 229, Sec. 6.)

article: 1. General Provisions


citation: BPC § 8704

text: Any person practices land surveying when he professes to be a land surveyor or is in responsible charge of land surveying work.

history: (History: Added by Stats. 1939, Ch. 41.)

article: 1. General Provisions


citation: BPC § 8705

text: A subordinate is any person directly supervised by a licensed land surveyor or registered civil engineer and who assists a licensed land surveyor or registered civil engineer in the practice of land surveying without assuming responsible charge of work.

history: (History: Amended by Stats. 1941, Ch. 834.)

article: 1. General Provisions


citation: BPC § 8706

text: “Board” refers to the Board for Professional Engineers, Land Surveyors, and Geologists.

history: (History: Amended by Stats. 2010, Ch. 696, Sec. 5. (AB 1431) Effective January 1, 2011.)

article: 1. General Provisions


citation: BPC § 8707

text: “Executive officer” refers to the executive officer of the board.

history: (History: Amended by Stats. 1984, Ch. 47, Sec. 79. Effective March 21, 1984.)

article: 1. General Provisions


citation: BPC § 8708

text: In order to safeguard property and public welfare, no person shall practice land surveying unless appropriately licensed or specifically exempted from licensure under this chapter, and only persons licensed under this chapter shall be entitled to take and use the titles “licensed land surveyor,” “professional land surveyor,” or “land surveyor,” or any combination of these words, phrases, or abbreviations thereof.

history: (History: Amended by Stats. 2000, Ch. 1006, Sec. 24. Effective January 1, 2001.)

article: 1. General Provisions


citation: BPC § 8710

text:
(a) The Board for Professional Engineers, Land Surveyors, and Geologists is vested with power to administer the provisions and requirements of this chapter, and may make and enforce rules and regulations that are reasonably necessary to carry out its provisions.

(b) The board may adopt rules and regulations of professional conduct that are not inconsistent with state and federal law. The rules and regulations may include definitions of incompetence and negligence. Every person who holds a license or certificate issued by the board pursuant to this chapter, or a license or certificate issued to a civil engineer pursuant to Chapter 7 (commencing with Section 6700), shall be governed by these rules and regulations.

(c) This section shall remain in effect only until January 1, 2029, and as of that date is repealed. Notwithstanding any other law, the repeal of this section renders the board subject to review by the appropriate policy committees of the Legislature.

history: (History: Amended by Stats. 2024, Ch. 588, Sec. 15. (AB 3253) Effective January 1, 2025. Repealed as of January 1, 2029, by its own provisions.)

article: 2. Administration

path: 3. PROFESSIONS AND VOCATIONS GENERALLY > 15. Land Surveyors > 2. Administration


text: Protection of the public shall be the highest priority for the Board for Professional Engineers, Land Surveyors, and Geologists in exercising its licensing, regulatory, and disciplinary functions. Whenever protection of the public is inconsistent with other interests sought to be promoted, the protection of the public shall be paramount.

history: (History: Amended by Stats. 2011, Ch. 432, Sec. 29. (SB 944) Effective January 1, 2012.)

article: 2. Administration


citation: BPC § 8711

text: The executive officer of the board shall keep a complete record of all applications for license and the board’s action thereon.

history: (History: Amended by Stats. 1984, Ch. 47, Sec. 80. Effective March 21, 1984.)

article: 2. Administration


citation: BPC § 8712

text:
The board shall compile and maintain, or may have compiled and maintained on its behalf, a register of all licensed land surveyors that includes the following information for each licensee:

(a) Name.

(b) Address of record.

(c) Type of branch license.

(d) License number.

(e) The date the license was issued.

(f) The date the license will expire.

history: (History: Repealed and added by Stats. 2007, Ch. 354, Sec. 37. Effective January 1, 2008.)

article: 2. Administration


citation: BPC § 8713

text: The department may employ such clerical assistance under civil service regulations as may be necessary properly to carry out and enforce the provisions of this chapter.

article: 2. Administration


citation: BPC § 8714

text: The board shall establish relations with bodies that regulate the practice of professional land surveying, or closely related professions, or that register or license professional land surveyors in other states, and may establish relations with those bodies in other countries, for the purposes of working toward uniformly high professional standards and mutual recognition of registration and licensure.

history: (History: Added by Stats. 2011, Ch. 432, Sec. 30. (SB 944) Effective January 1, 2012.)

article: 2. Administration


citation: BPC § 8715

text:
The board may establish licensed land surveyor technical advisory committees to advise and assist the board with respect to the following:

(1) The review and verification of applications for licensure.

(2) The evaluation and investigation of potential violations of this chapter.

(3) The amendment, repeal, adoption, or revision of board rules, regulations, policies, or procedures.

history: (History: Amended by Stats. 1986, Ch. 229, Sec. 8.)

article: 2. Administration


text: Each member of each technical advisory committee shall be appointed by the board and shall serve at the pleasure of the board. Each committee shall be composed of no more than five members.

history: (History: Amended by Stats. 1986, Ch. 229, Sec. 9.)

article: 2. Administration


text: Each member of each technical advisory committee shall be licensed under this chapter.

history: (History: Amended by Stats. 1986, Ch. 229, Sec. 10.)

article: 2. Administration


text: All members of each technical advisory committee shall serve without compensation but shall receive per diem and expenses as provided in Section 103.

history: (History: Amended by Stats. 1986, Ch. 229, Sec. 11.)

article: 2. Administration


text: Each member of each technical advisory committee shall be granted the same immunity as is granted to a public employee pursuant to Article 3 (commencing with Section 820) of Chapter 1 of Part 2 of Division 3.6 of Title 1 of the Government Code.

history: (History: Amended by Stats. 1986, Ch. 229, Sec. 12.)

article: 2. Administration


citation: BPC § 8720

text: The board, when it deems necessary, may establish land surveyors review committees to hear all matters assigned by the board, including, but not limited to, any contested case which is assigned by the board. Each committee shall exist so long as the board deems that it is necessary.

history: (History: Added by Stats. 1972, Ch. 1036.)

article: 2.3. Land Surveyors Review Committees

path: 3. PROFESSIONS AND VOCATIONS GENERALLY > 15. Land Surveyors > 2.3. Land Surveyors Review Committees


text: Each review committee shall consist of no fewer than three licensed land surveyors appointed by the board. Each member of a committee shall have the same qualifications and shall be subject to the same rules and regulations as if he were a member of the board.

article: 2.3. Land Surveyors Review Committees


text: Each member of a committee shall receive a per diem and expenses as provided in Section 103.

article: 2.3. Land Surveyors Review Committees


text:
Except as otherwise provided in this article, all hearings which are conducted by a committee shall be conducted in accordance with the provisions of Chapter 4 (commencing with Section 11370), Chapter 4.5 (commencing with Section 11400), and Chapter 5 (commencing with Section 11500), Part 1, Division 3, Title 2 of the Government Code.

If a contested case is heard by a committee, the hearing officer who presided at the hearing shall be present during the committee’s consideration of the case and, if requested, shall assist and advise the committee.

history: (History: Amended by Stats. 2002, Ch. 1013, Sec. 64. Effective January 1, 2003.)

article: 2.3. Land Surveyors Review Committees


text: At the conclusion of any hearing which is conducted by a committee, the committee shall prepare a proposed decision, in such form that it may be adopted by the board as the decision in the case, and shall transmit it to the board. The proposed decision shall be subject to the same procedure as the proposed decision of a hearing officer under subdivisions (b) and (c) of Section 11517 of the Government Code.

article: 2.3. Land Surveyors Review Committees


text: The board may adopt, amend, or repeal, in accordance with the provisions of Chapter 3.5 (commencing with Section 11340), Part 1, Division 3, Title 2 of the Government Code, rules and regulations necessary to implement the provisions of this article.

history: (History: Amended by Stats. 2002, Ch. 1013, Sec. 65. Effective January 1, 2003.)

article: 2.3. Land Surveyors Review Committees


text: Each member of a land surveyors review committee or other board-appointed committee and any board-appointed representative of the board shall be granted the same immunity as is granted to a public employee pursuant to Article 3 (commencing with Section 820) of Chapter 1 of Part 2 of Division 3.6 of Title 1 of the Government Code.

history: (History: Added by Stats. 1986, Ch. 229, Sec. 13.)

article: 2.3. Land Surveyors Review Committees


citation: BPC § 8725

text:
Any person practicing, or offering to practice, land surveying in this state shall submit evidence that he or she is qualified to practice and shall be licensed under this chapter.

It is unlawful for any person to practice, offer to practice, or represent himself or herself, as a land surveyor in this state, or to set, reset, replace, or remove any survey monument on land in which he or she has no legal interest, unless he or she has been licensed or specifically exempted from licensing under this chapter.

history: (History: Amended by Stats. 1987, Ch. 805, Sec. 2.)

article: 3. Application of the Chapter

path: 3. PROFESSIONS AND VOCATIONS GENERALLY > 15. Land Surveyors > 3. Application of the Chapter


text: It is the intent of the Legislature that the licensure requirements that are imposed upon private sector professional land surveyors and land surveying partnerships, firms, or corporations shall be imposed upon the state and any city, county, city and county, district, and special district that shall adhere to those requirements. Therefore, for the purposes of Section 8725 and this chapter, at least one person authorized to practice land surveying shall be designated the person in responsible charge of professional land surveying work practiced in any department or agency of the state, city, county, city and county, district, or special district.

history: (History: Added by Stats. 2014, Ch. 400, Sec. 15. (SB 1467) Effective January 1, 2015.)

article: 3. Application of the Chapter


citation: BPC § 8726

text:
(a) A person, including any person employed by the state or by a city, county, or city and county within the state, practices land surveying within the meaning of this chapter who, either in a public or private capacity, does or offers to do any one or more of the following:

(1) Locates, relocates, establishes, reestablishes, or retraces the alignment or elevation for any of the fixed works embraced within the practice of civil engineering, as described in Section 6731.

(2) Determines the configuration or contour of the earth’s surface, or the position of fixed objects above, on, or below the surface of the earth by applying the principles of mathematics or photogrammetry.

(3) Locates, relocates, establishes, reestablishes, or retraces any property line or boundary of any parcel of land, right-of-way, easement, or alignment of those lines or boundaries.

(4) Makes any survey for the subdivision or resubdivision of any tract of land. For the purposes of this subdivision, the term “subdivision” or “resubdivision” shall be defined to include, but not be limited to, the definition in the Subdivision Map Act (Division 2 (commencing with Section 66410) of Title 7 of the Government Code) or the Subdivided Lands Law (Chapter 1 (commencing with Section 11000) of Part 2 of Division 4 of this code).

(5) By the use of the principles of land surveying determines the position for any monument or reference point that marks a property line, boundary, or corner, or sets, resets, or replaces any monument or reference point.

(6) Geodetic surveying or cadastral surveying. As used in this chapter:

(A) Geodetic surveying means performing surveys, in which account is taken of the figure and size of the earth to determine or predetermine the horizontal or vertical positions of fixed objects thereon or related thereto, geodetic control points, monuments, or stations for use in the practice of land surveying or for stating the position of fixed objects, geodetic control points, monuments, or stations by California Coordinate System coordinates.

(B) Cadastral surveying means performing a survey that creates, marks, defines, retraces, or reestablishes the boundaries and subdivisions of the public land survey system of the United States.

(7) Determines the information shown or to be shown on any map or document prepared or furnished in connection with any one or more of the functions described in paragraphs (1) to (6), inclusive.

(8) Indicates, in any capacity or in any manner, by the use of the title “land surveyor” or by any other title or by any other representation that they practice or offer to practice land surveying in any of its branches.

(9) Procures or offers to procure land surveying work for themselves or others.

(10) Manages, or conducts as manager, proprietor, or agent, any place of business from which land surveying work is solicited, performed, or practiced.

(11) Coordinates the work of professional, technical, or special consultants in connection with the activities authorized by this chapter.

(12) Determines the information shown or to be shown within the description of any deed, trust deed, or other title document prepared for the purpose of describing the limit of real property in connection with any one or more of the functions described in paragraphs (1) to (6), inclusive.

(13) Creates, prepares, or modifies electronic or computerized data in the performance of the activities described in paragraphs (1), (2), (3), (4), (5), (6), (11), and (12).

(14) Renders a statement regarding the accuracy of maps or measured survey data.

(b) Any department or agency of the state or any city, county, or city and county that has an unregistered person in responsible charge of land surveying work on January 1, 1986, shall be exempt from the requirement that the person be licensed as a land surveyor until the person currently in responsible charge is replaced.

(c) The review, approval, or examination by a governmental entity of documents prepared or performed pursuant to this section shall be done by, or under the direct supervision of, a person authorized to practice land surveying.

history: (History: Amended by Stats. 2021, Ch. 106, Sec. 1. (SB 414) Effective January 1, 2022.)

article: 3. Application of the Chapter


text: Any licensed land surveyor may offer to practice, procure, and offer to procure civil engineering work incidental to his or her land surveying practice, even though he or she is not authorized to perform such work, provided all such civil engineering work is performed by or under the direction of a registered civil engineer. Further, any licensed land surveyor may manage or conduct as manager, proprietor, or agent, a land surveying practice which offers to practice, procure, and offers to procure, such incidental civil engineering work.

history: (History: Added by Stats. 1983, Ch. 760, Sec. 5.)

article: 3. Application of the Chapter


text: A licensed land surveyor may also perform land planning in connection with the land surveying activities authorized by this chapter.

history: (History: Added by Stats. 1988, Ch. 817, Sec. 2.)

article: 3. Application of the Chapter


citation: BPC § 8727

text: Surveys made exclusively for geological purposes performed by a person authorized to practice geology under Chapter 12.5 (commencing with Section 7800) or exclusively for landscaping purposes performed by a person authorized to practice landscape architecture pursuant to Chapter 3.5 (commencing with Section 5615), that do not involve the determination of any property line do not constitute surveying within the meaning of this chapter.

history: (History: Amended by Stats. 2019, Ch. 630, Sec. 13. (AB 1522) Effective January 1, 2020.)

article: 3. Application of the Chapter


citation: BPC § 8728

text: Surveys authorized under this chapter do not include the design, either in whole or in part, of any structure or fixed works embraced within the practice of civil engineering.

history: (History: Amended by Stats. 1941, Ch. 834.)

article: 3. Application of the Chapter


citation: BPC § 8729

text:
(a) This chapter does not prohibit one or more licensed land surveyors or civil engineers licensed in this state before 1982 (hereinafter called civil engineers) from practicing or offering to practice, within the scope of their licensure, land surveying as a sole proprietorship, partnership, limited liability partnership, firm, or corporation (hereinafter called business), if the following conditions are satisfied:

(1) A land surveyor or civil engineer currently licensed in the state is an owner, partner, or officer in charge of the land surveying practice of the business.

(2) All land surveying services are performed by or under the responsible charge of a land surveyor or civil engineer.

(3) If the business name of a California land surveying business contains the name of a person, then that person shall be licensed by the board as a land surveyor or licensed by the board in any year as a civil engineer. Any offer, promotion, or advertisement by the business that contains the name of any individual in the business, other than by use of the name of the individual in the business name, shall clearly and specifically designate the license discipline of each individual named.

(b) An out-of-state business with a branch office in this state shall meet the requirements of subdivisions (a) and (h) and shall have an owner, partner, or officer who is in charge of the land surveying work in this state, who is licensed in this state, and who is physically present at the branch office in this state on a regular basis. However, the name of the business may contain the name of a person not licensed in this state, if that person is appropriately licensed or registered in another state. Any offer, promotion, or advertisement that contains the name of any individual in the business, other than by use of the name of the individual in the business name, shall clearly and specifically designate the license or registration discipline of each individual named.

(c) The business name of a California land surveying business may be a fictitious name. However, if the fictitious name includes the names of any person, the requirements of paragraph (3) of subdivision (a) shall be met.

(d) A person not licensed under this chapter or licensed as a civil engineer in this state before 1982 may also be a partner or an officer of a land surveying business if the conditions of subdivision (a) are satisfied. This section does not permit a person who is not licensed under this chapter or licensed as a civil engineer in this state before 1982 to be the sole owner or officer of a land surveying business, unless otherwise exempt under this chapter.

(e) This section shall not prevent the use of the name of any business engaged in rendering land surveying services, including the use by any lawful successor or survivor, that lawfully was in existence on June 1, 1941. However, the business is subject to the provisions of paragraphs (1) and (2) of subdivision (a).

(f) A business engaged in rendering land surveying services may use in its name the name of a deceased or retired person if the following conditions are satisfied:

(1) The person’s name had been used in the name of the business, or a predecessor in interest of the business, before the death or retirement of the person.

(2) The person shall have been an owner, partner, or officer of the business, or an owner, partner, or officer of the predecessor in interest of the business.

(3) The person shall have been licensed as a land surveyor or a civil engineer by the board, if operating a place of business or practice in this state, or by an applicable state board in the event no place of business existed in this state.

(4) The person, if retired, has consented to the use of the name and does not permit the use of the name in the title of another land surveying business in this state during the period of that consent, except that a retired person may use their name as the name of a new or purchased business, if that business is not identical in every respect to that person’s name as used in the former business.

(5) The business shall be subject to paragraphs (1) and (2) of subdivision (a).

(g) This section does not affect Sections 6731.2 and 8726.1.

(h) (1) A current organization record form shall be filed with the board for all businesses engaged in rendering professional land surveying services.

(2) The filing of the organization record form described in paragraph (1) shall be accompanied by documentary evidence that demonstrates compliance with the provisions described in paragraphs (1) and (2) of subdivision (a).

(i) This section shall remain in effect only until January 1, 2034, and as of that date is repealed.

history: (History: Amended (as amended by Stats. 2022, Ch. 302, Sec. 7) by Stats. 2024, Ch. 588, Sec. 16.5. (AB 3253) Effective January 1, 2025. Repealed as of January 1, 2034, by its own provisions. See later operative version, as amended by Sec. 17.5 of Stats. 2024, Ch. 588.)

article: 3. Application of the Chapter


text:
(a) This chapter does not prohibit one or more licensed land surveyors or civil engineers licensed in this state before 1982 (hereinafter called civil engineers) from practicing or offering to practice within the scope of their licensure, land surveying as a sole proprietorship, partnership, firm, or corporation (hereinafter called business), if the following conditions are satisfied:

(1) A land surveyor or civil engineer currently licensed in the state is an owner, partner, or officer in charge of the land surveying practice of the business.

(2) All land surveying services are performed by or under the responsible charge of a land surveyor or civil engineer.

(3) If the business name of a California land surveying business contains the name of a person, then that person shall be licensed by the board as a land surveyor or licensed by the board in any year as a civil engineer. Any offer, promotion, or advertisement by the business that contains the name of any individual in the business, other than by use of the name of the individual in the business name, shall clearly and specifically designate the license discipline of each individual named.

(b) An out-of-state business with a branch office in this state shall meet the requirements of subdivisions (a) and (h) and shall have an owner, partner, or officer who is in charge of the land surveying work in this state, who is licensed in this state, and who is physically present at the branch office in this state on a regular basis. However, the name of the business may contain the name of a person not licensed in this state, if that person is appropriately licensed or registered in another state. Any offer, promotion, or advertisement that contains the name of any individual in the business, other than by use of the name of the individual in the business name, shall clearly and specifically designate the license or registration discipline of each individual named.

(c) The business name of a California land surveying business may be a fictitious name. However, if the fictitious name includes the names of any person, the requirements of paragraph (3) of subdivision (a) shall be met.

(d) A person not licensed under this chapter or licensed as a civil engineer in this state before 1982 may also be a partner or an officer of a land surveying business if the conditions of subdivision (a) are satisfied. This section does not permit a person who is not licensed under this chapter or licensed as a civil engineer in this state before 1982 to be the sole owner or officer of a land surveying business, unless otherwise exempt under this chapter.

(e) This section shall not prevent the use of the name of any business engaged in rendering land surveying services, including the use by any lawful successor or survivor, that lawfully was in existence on June 1, 1941. However, the business is subject to the provisions of paragraphs (1) and (2) of subdivision (a).

(f) A business engaged in rendering land surveying services may use in its name the name of a deceased or retired person if the following conditions are satisfied:

(1) The person’s name had been used in the name of the business, or a predecessor in interest of the business, before the death or retirement of the person.

(2) The person shall have been an owner, partner, or officer of the business, or an owner, partner, or officer of the predecessor in interest of the business.

(3) The person shall have been licensed as a land surveyor or a civil engineer by the board, if operating a place of business or practice in this state, or by an applicable state board in the event no place of business existed in this state.

(4) The person, if retired, has consented to the use of the name and does not permit the use of the name in the title of another land surveying business in this state during the period of that consent, except that a retired person may use their name as the name of a new or purchased business, if that business is not identical in every respect to that person’s name as used in the former business.

(5) The business shall be subject to paragraphs (1) and (2) of subdivision (a).

(g) This section does not affect Sections 6731.2 and 8726.1.

(h) (1) A current organization record form shall be filed with the board for all businesses engaged in rendering professional land surveying services.

(2) The filing of the organization record form described in paragraph (1) shall be accompanied by documentary evidence that demonstrates compliance with the provisions described in paragraphs (1) and (2) of subdivision (a).

(i) This section shall become operative on January 1, 2034.

history: (History: Amended (as amended by Stats. 2022, Ch. 302, Sec. 8) by Stats. 2024, Ch. 588, Sec. 17.5. (AB 3253) Effective January 1, 2025. Operative January 1, 2034, by its own provisions.)

article: 3. Application of the Chapter


citation: BPC § 8730

text:
The following persons are not required to be licensed under this chapter:

(a) Officers and employees of the United States of America, practicing solely as those officers or employees, except when surveying the exterior boundaries of federal lands in this state.

(b) Insofar as he or she acts in the following capacity:

(1) Any state, county, city, city and county, or district employee directly responsible to a licensed land surveyor or registered civil engineer.

(2) Any subordinate to a land surveyor or civil engineer licensed or registered as required by the laws of this state insofar as he or she acts as a subordinate.

(c) Any officer or employee of an electric, gas, or telephone corporation, as defined in Sections 218, 222, and 234, respectively, of the Public Utilities Code, with annual revenues of twenty-five million dollars ($25,000,000) or more, whenever he or she prepares a legal description of an easement for utility distribution lines and service facilities, provided the following conditions are met:

(1) Each description identifies the corporation that prepared the description and states that it was prepared pursuant to this exemption.

(2) Each corporation has in its employ, or on contract, an individual authorized to practice land surveying who shall be responsible for establishing criteria for determining the qualifications of technical specialists preparing those legal descriptions, specifying the format and information to be shown on maps or documents containing those descriptions, and capable of answering questions regarding the preparation of those descriptions.

(d) Any state, county, city, or city and county public safety employee investigating any crime or infraction for the purpose of determining or prosecuting a crime or infraction. This exemption shall not permit a public safety employee to offer or perform land surveying as defined in Section 8726 for any purpose other than determining or prosecuting a crime or infraction.

history: (History: Amended by Stats. 1999, Ch. 125, Sec. 1. Effective January 1, 2000.)

article: 3. Application of the Chapter


citation: BPC § 8731

text: A licensed civil engineer and a civil engineer exempt from licensure under Chapter 7 (commencing with Section 6700) are exempt from licensing under this chapter and may engage in the practice of land surveying with the same rights and privileges and the same duties and responsibilities as a licensed land surveyor, provided that for civil engineers who become licensed after January 1, 1982, they shall obtain a license as a land surveyor under the provisions of this chapter, before practicing land surveying as defined in this chapter.

history: (History: Amended by Stats. 2016, Ch. 236, Sec. 22. (SB 1165) Effective January 1, 2017.)

article: 3. Application of the Chapter


citation: BPC § 8740

text:
(a) An application for a certificate as a land surveyor-in-training or 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 fee fixed by this chapter.

(b) The board may authorize an organization specified by the board pursuant to Section 8745 to receive directly from applicants payment of the examination fees charged by that organization as payment for examination materials and services.

history: (History: Amended by Stats. 2016, Ch. 236, Sec. 23. (SB 1165) Effective January 1, 2017.)

article: 4. Issuance of License

path: 3. PROFESSIONS AND VOCATIONS GENERALLY > 15. Land Surveyors > 4. Issuance of License


citation: BPC § 8741

text:
(a) An applicant for certification as a land surveyor-in-training shall comply with all of the following:

(1) Not have committed acts or crimes constituting grounds for denial of licensure under Section 480.

(2) Successfully pass the first division of the examination.

(3) Satisfactorily complete two years or more of postsecondary education in land surveying, two years or more of experience in land surveying, or a combination of postsecondary education and experience in land surveying.

(b) The board need not verify the applicant’s eligibility for certification as a land surveyor-in-training other than to require the applicant to sign a statement of eligibility on the application form.

(c) The board may prescribe by regulation reasonable educational or experience requirements for an applicant to meet the requirements in paragraph (3) of subdivision (a).

(d) An applicant for licensure as a professional land surveyor shall comply with all of the following:

(1) Not have committed acts or crimes constituting grounds for denial of licensure under Section 480.

(2) Furnish evidence that he or she meets the requirements of Section 8742.

(3) Successfully passed the second division of the examination.

(4) Be certified as a land surveyor-in-training in this state, be certified as a land surveyor-in-training or surveyor intern in another state or territory of the United States, or be exempt therefrom. An applicant licensed by the board as a civil engineer is exempt from the requirement of this paragraph.

(5) Be thoroughly familiar with (A) the procedure and rules governing the survey of public lands as set forth in Manual of Surveying Instructions (2009), published by the federal Bureau of Land Management, and (B) the principles of real property relating to boundaries and conveyancing.

history: (History: Amended by Stats. 2016, Ch. 236, Sec. 24. (SB 1165) Effective January 1, 2017.)

article: 4. Issuance of License


text:
(a) The first division of the examination shall test the applicant’s fundamental knowledge of surveying, mathematics, and basic science.

(b) 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.

The second division of the examination 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 include, as a separate part, an examination to 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.

(c) The board may by rule provide 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.

history: (History: Amended by Stats. 2016, Ch. 236, Sec. 25. (SB 1165) Effective January 1, 2017.)

article: 4. Issuance of License


citation: BPC § 8742

text:
(a) The educational qualifications and experience in land surveying, which an applicant for a license as a land surveyor 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) Licensure 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 8741.1.

history: (History: Amended by Stats. 2016, Ch. 236, Sec. 26. (SB 1165) Effective January 1, 2017.)

article: 4. Issuance of License


citation: BPC § 8743

text: 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 or her to certify to the applicant’s professional integrity, ability and fitness to receive a license, shall be submitted with the application for a license as a land surveyor.

history: (History: Amended by Stats. 2016, Ch. 236, Sec. 27. (SB 1165) Effective January 1, 2017.)

article: 4. Issuance of License


citation: BPC § 8744

text: The applicant for a license as a land surveyor shall state in his or her application that, should he or she be licensed, he or she will support the Constitution of this State and of the United States, and that he or she will faithfully discharge the duties of a licensed land surveyor.

history: (History: Amended by Stats. 2016, Ch. 236, Sec. 28. (SB 1165) Effective January 1, 2017.)

article: 4. Issuance of License


citation: BPC § 8745

text:
Examinations for license shall be held at such times and at such places within the state as determined by board rule.

The scope of examinations and the method of procedure shall be prescribed by board rule.

The board may make arrangements with a public or private organization to conduct the examination. The board may contract with a public or private organization for materials or services related to the examination.

history: (History: Amended by Stats. 2006, Ch. 658, Sec. 115. Effective January 1, 2007.)

article: 4. Issuance of License


citation: BPC § 8746

text: An applicant failing an examination may be examined again upon filing a new application and the payment of the examination fee fixed by the board.

history: (History: Amended by Stats. 2021, Ch. 188, Sec. 13. (SB 826) Effective January 1, 2022.)

article: 4. Issuance of License


citation: BPC § 8747

text:
Any applicant who has met the requirements for certification or licensure prescribed by the board under this chapter shall have a suitable license issued to him or her.

(a) An applicant who has met the requirements of subdivision (a) and (b) of Section 8741 shall be issued a certificate as a land surveyor-in-training. A renewal or other fee, other than the application fee, shall not be charged for this certification. This certificate shall become invalid upon the person 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. A person shall not 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 met the requirements of subdivision (d) of Section 8741 shall be issued a license as a land surveyor. The license shall authorize him or her to practice as a land surveyor.

history: (History: Amended by Stats. 2016, Ch. 236, Sec. 29. (SB 1165) Effective January 1, 2017.)

article: 4. Issuance of License


text:
(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.

history: (History: Added by Stats. 1999, Ch. 983, Sec. 10.16. Effective January 1, 2000.)

article: 4. Issuance of License


citation: BPC § 8748

text: The board, upon application therefor, and the payment of the fee 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 or her by any state or country when the applicant’s qualifications meet the requirements of this chapter and rules established by the board.

history: (History: Amended by Stats. 2010, Ch. 415, Sec. 31. (SB 1491) Effective January 1, 2011.)

article: 4. Issuance of License


text: 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 such license or certification, the board may, in accordance with the provisions of Section 158 of this code, refund to them their examination fee.

history: (History: Amended by Stats. 2024, Ch. 588, Sec. 18. (AB 3253) Effective January 1, 2025.)

article: 4. Issuance of License


citation: BPC § 8749

text: 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.

history: (History: Added by Stats. 1939, Ch. 41.)

article: 4. Issuance of License


citation: BPC § 8750

text: Upon being licensed, each licensee shall 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.”

history: (History: Amended by Stats. 2009, Ch. 368, Sec. 5. (AB 645) Effective January 1, 2010.)

article: 4. Issuance of License


citation: BPC § 8751

text: 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, geomatics engineer, or geometronic engineer unless he or she is the holder of a valid, unsuspended, and unrevoked license.

history: (History: Amended by Stats. 2002, Ch. 1013, Sec. 66. Effective January 1, 2003.)

article: 4. Issuance of License


citation: BPC § 8752

text: 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.

article: 4. Issuance of License


citation: BPC § 8753

text:
(a) Each applicant for licensure or certification who has a valid email address shall report to the board that email address at the time of application.

(b) Each certificate or license holder who has a valid email address shall report that email address to the board at the time of renewal.

(c) Each applicant or certificate or license holder shall notify the board within 30 days of any change to their email address on file with the board.

(d) In the interest of protecting the privacy of applicants and certificate or license holders, the email address provided to the board pursuant to this chapter shall not be considered a public record and shall not be disclosed pursuant to Section 27 or pursuant to a request under the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code), unless required pursuant to a court order by a court of competent jurisdiction.

history: (History: Added by Stats. 2022, Ch. 302, Sec. 9. (SB 1120) Effective January 1, 2023.)

article: 4. Issuance of License


citation: BPC § 8759

text:
(a) A licensed land surveyor or licensed 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 licensed civil engineer and the client or the client’s representative prior to the licensed land surveyor or licensed 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 licensed 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 licensed civil engineer, and the name and address of the client.

(4) A description of the procedure that the licensed land surveyor or licensed civil engineer and the client will use to accommodate additional services.

(5) A description of the procedure to be used by both parties to terminate the contract.

(6) Disclosure of any existence of a current professional liability insurance policy covering the licensed land surveyor or licensed civil engineer in responsible charge of the services.

(b) This section shall not apply to any of the following:

(1) Professional land surveying services rendered by a licensed land surveyor or licensed civil engineer for which the client will not pay compensation.

(2) A licensed land surveyor or licensed 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 licensed land surveyor or licensed civil 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 licensed civil engineer to any of the following:

(A) A professional engineer licensed 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.

history: (History: Amended by Stats. 2024, Ch. 588, Sec. 19. (AB 3253) Effective January 1, 2025.)

article: 5. Surveying Practice

path: 3. PROFESSIONS AND VOCATIONS GENERALLY > 15. Land Surveyors > 5. Surveying Practice


citation: BPC § 8760

text:
Every licensed land surveyor or registered civil engineer may administer and certify oaths:

(a) When it becomes necessary to take testimony for the identification or establishment of old, lost or obliterated corners.

(b) When a corner or monument is found in a perishable condition, and it appears desirable that evidence concerning it be perpetuated.

(c) When the importance of the survey makes it desirable, to administer an oath to his assistants for the faithful performance of their duty.

A record of oaths shall be preserved as part of the field notes of the survey and a memorandum of them shall be made on the record of survey filed under this article.

article: 5. Surveying Practice


citation: BPC § 8761

text:
(a) Any licensed land surveyor or civil engineer authorized to practice land surveying may practice land surveying and prepare maps, plats, reports, descriptions, or other documentary evidence in connection with that practice.

(b) All maps, plats, reports, descriptions, or other land surveying documents shall be prepared by, or under the responsible charge of, a licensed land surveyor or civil engineer authorized to practice land surveying and shall include his or her name and license number.

(c) Interim maps, plats, reports, descriptions, or other land surveying documents shall include a notation as to the intended purpose of the map, plat, report, description, or other document, such as “preliminary” or “for examination only.”

(d) All final maps, plats, reports, descriptions, or other land surveying documents issued by a licensed land surveyor or civil engineer authorized to practice land surveying shall bear the signature and seal or stamp of the licensee and the date of signing and sealing or stamping. If the land surveying document has multiple pages or sheets, the signature, seal or stamp, and date of signing and sealing or stamping shall appear, at a minimum, on the title sheet, cover sheet or page, or signature sheet, unless otherwise required by law.

(e) It is unlawful for any person to sign, stamp, seal, or approve any map, plat, report, description, or other land surveying document unless the person is authorized to practice land surveying.

(f) It is unlawful for any person to stamp or seal any map, plat, report, description, or other land surveying document with the seal or stamp after the certificate of the licensee that is named on the seal or stamp has expired or has been suspended or revoked, unless the certificate has been renewed or reissued.

history: (History: Amended by Stats. 2010, Ch. 328, Sec. 19. (SB 1330) Effective January 1, 2011.)

article: 5. Surveying Practice


text: The authority of a licensed land surveyor or registered civil engineer to prepare, sign, issue, stamp, seal, or approve any map, plat, report, description, or other document shall be consistent with that person’s authority to practice land surveying.

history: (History: Amended by Stats. 1987, Ch. 805, Sec. 5.)

article: 5. Surveying Practice


text: Notwithstanding the provisions of Section 8761, a registered civil engineer or licensed land surveyor who signs land surveying maps, plats, reports, descriptions, or other surveying documents shall not be responsible for damage caused by subsequent changes to or uses of those maps, plats, reports, descriptions, or other surveying documents, where the subsequent changes or uses, including changes or uses made by state or local governmental agencies, are not authorized or approved by the registered civil engineer or licensed land surveyor who originally signed the maps, plats, reports, descriptions, or other surveying documents, provided that the engineering or surveying service rendered by the civil engineer or land surveyor who signed the maps, plats, reports, descriptions, or other surveying documents was not also a proximate cause of the damage.

history: (History: Added by Stats. 1985, Ch. 1507, Sec. 6.)

article: 5. Surveying Practice


citation: BPC § 8762

text:
(a) Except as provided in subdivision (b), after making a field survey in conformity with the practice of land surveying, the licensed surveyor or licensed civil engineer may file with the county surveyor in the county in which the field survey was made, a record of the survey.

(b) Notwithstanding subdivision (a), after making a field survey in conformity with the practice of land surveying, the licensed land surveyor or licensed civil engineer shall file with the county surveyor in the county in which the field survey was made a record of the survey relating to land boundaries or property lines, if the field survey discloses any of the following:

(1) Material evidence or physical change, which in whole or in part does not appear on any subdivision map, official map, or record of survey previously recorded or properly filed in the office of the county recorder or county surveying department, or map or survey record maintained by the Bureau of Land Management of the United States.

(2) A material discrepancy with the information contained in any subdivision map, official map, or record of survey previously recorded or filed in the office of the county recorder or the county surveying department, or any map or survey record maintained by the Bureau of Land Management of the United States. For purposes of this subdivision, a “material discrepancy” is limited to a material discrepancy in the position of points or lines, or in dimensions.

(3) Evidence that, by reasonable analysis, might result in materially alternate positions of lines or points, shown on any subdivision map, official map, or record of survey previously recorded or filed in the office of the county recorder or the county surveying department, or any map or survey record maintained by the Bureau of Land Management of the United States.

(4) The location, relocation, establishment, reestablishment, or retracement of one or more points or lines not shown on any subdivision map, official map, or record of survey, the positions of which are not ascertainable from an inspection of the subdivision map, official map, or record of survey.

(5) The points or lines set during the performance of a field survey of any parcel described in any deed or other instrument of title recorded in the county recorder’s office are not shown on any subdivision map, official map, or record of survey.

(c) The record of survey required to be filed pursuant to this section shall be filed within 90 days after the setting of boundary monuments during the performance of a field survey or within 90 days after completion of a field survey, whichever occurs first.

(d) (1) If the 90-day time limit contained in subdivision (c) cannot be complied with for reasons beyond the control of the licensed land surveyor or licensed civil engineer, the 90-day time period shall be extended until the time at which the reasons for delay are eliminated. If the licensed land surveyor or licensed civil engineer cannot comply with the 90-day time limit, he or she shall, prior to the expiration of the 90-day time limit, provide the county surveyor with a letter stating that he or she is unable to comply. The letter shall provide an estimate of the date for completion of the record of survey, the reasons for the delay, and a general statement as to the location of the survey, including the assessor’s parcel number or numbers.

(2) The licensed land surveyor or licensed civil engineer shall not initially be required to provide specific details of the survey. However, if other surveys at the same location are performed by others which may affect or be affected by the survey, the licensed land surveyor or licensed civil engineer shall then provide information requested by the county surveyor without unreasonable delay.

(e) Any record of survey filed with the county surveyor shall, after being examined by him or her, be filed with the county recorder.

(f) If the preparer of the record of survey provides a postage-paid, self-addressed envelope or postcard with the filing of the record of survey, the county recorder shall return the postage-paid, self-addressed envelope or postcard to the preparer of the record of survey with the filing data within 10 days of final filing. For the purposes of this subdivision, “filing data” includes the date, the book or volume, and the page at which the record of survey is filed with the county recorder.

history: (History: Amended by Stats. 2012, Ch. 661, Sec. 13. (SB 1576) Effective January 1, 2013.)

article: 5. Surveying Practice


text: No record of survey of land shown on the latest adopted county assessment roll as a unit or as contiguous units, which shows a division of such land into additional parcels, shall be filed with the county surveyor or with the county recorder, unless there is attached thereto a certificate by the county surveyor if the land lies within an unincorporated area, or a certificate by the city engineer if the land lies within a city, of compliance with the provisions of the Subdivision Map Act, Division 2 (commencing with Section 66410) of Title 7 of the Government Code, and any applicable local ordinance enacted pursuant thereto.

history: (History: Amended by Stats. 1975, Ch. 24.)

article: 5. Surveying Practice


citation: BPC § 8763

text: The record of survey shall be a map, legibly drawn, printed, or reproduced by a process guaranteeing a permanent record in black on tracing cloth, or polyester base film, 18 by 26 inches or 460 by 660 millimeters. If ink is used on polyester base film, the ink surface shall be coated with a suitable substance to assure permanent legibility. A marginal line shall be drawn completely around each sheet leaving an entirely blank margin of one inch or 25 millimeters.

history: (History: Amended by Stats. 2002, Ch. 1013, Sec. 68. Effective January 1, 2003.)

article: 5. Surveying Practice


citation: BPC § 8764

text:
(a) The record of survey shall show the applicable provisions of the following consistent with the purpose of the survey:

(1) All monuments found, set, reset, replaced, or removed, describing their kind, size, and location, and giving other data relating thereto.

(2) Bearing or witness monuments, basis of bearings, bearing and length of lines, scale of map, and north arrow.

(3) Name and legal designation of the property in which the survey is located, and the date or time period of the survey.

(4) The relationship to those portions of adjacent tracts, streets, or senior conveyances that have common lines with the survey.

(5) Memorandum of oaths.

(6) Statements required by Section 8764.5.

(7) Any other data, in graphic or narrative form, necessary for the intelligent interpretation of the various items and locations of the points, lines, and areas shown, or convenient for the identification of the survey or surveyor, as may be determined by the civil engineer or land surveyor preparing the record of survey.

(b) The record of survey shall also show, either graphically or by note, the reason or reasons, if any, why the mandatory filing provisions of paragraphs (1) to (5), inclusive, of subdivision (b) of Section 8762 apply.

(c) The record of survey need not consist of a survey of an entire property.

history: (History: Amended by Stats. 2021, Ch. 106, Sec. 2. (SB 414) Effective January 1, 2022.)

article: 5. Surveying Practice


text:
Statements shall appear on the map as follows:Surveyor’s StatementThis map correctly represents a survey made by me or under my direction in conformance with the requirements of the Professional Land Surveyors’ Act at the request of Name of Person Authorizing Surveyin _______, 20__.(Signed and sealed) (Date) L.S. (or R.C.E.) No. County Surveyor’s StatementThis map has been examined in accordance with Section 8766 of the Professional Land Surveyors’ Act this ____ day of ____, 20__.(Signed and sealed) County SurveyorL.S. (or R.C.E.) No. Recorder’s StatementFiled this ____ day of ____, 20__, at ____.m. in Book ____ of ____ at page ____, at the request of ____.(Signed) County Recorder

No other statements may appear on the face of the map except those required or authorized by this article.

history: (History: Amended by Stats. 2025, Ch. 592, Sec. 23. (SB 861) Effective January 1, 2026.)

article: 5. Surveying Practice