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Board issues fines, warnings and dismissals in enforcement cases; several consent orders approved
Summary
At its May 20 meeting the Tennessee Board of Examiners for Land Surveyors reviewed multiple enforcement cases, approving civil penalties, issuing warning letters, and dismissing several complaints. The board voted on individual cases and approved settlement offers and referrals where staff recommended follow-up.
The Tennessee Board of Examiners for Land Surveyors reviewed eight enforcement matters in a lengthy legal-report session on May 20 and took formal actions including civil penalties, letters of warning, referrals and dismissals.
Legal staff (Erica) presented summaries of each complaint and staff recommendations. The board approved the staff recommendation to assess a $2,000 civil penalty (two $1,000 counts) against a licensed surveyor and his firm in case 2025001121 after staff concluded the successor surveyor left the original surveyor's certification block intact and placed his own seal and company logo on the plat without adequately documenting that he had taken responsible charge. The board also approved a $1,000 civil penalty against the engineering firm in the related complaint (2025001131) for offering surveying services without a proper responsible charge and for failing to file required disclosure forms.
Other outcomes included: - Case 20250003601: dismissal (no violation proved). - Case 20250005291: $2,000 civil penalty (two $1,000 violations for failure to have proper responsible charge and failure to file disclosure) approved. - Case 20250005411: issuance of a letter of warning to address technical deficiencies and certifications (board elevated this to a letter of warning after discussion). - Case PIN 62025003731: dismissal (insufficient evidence the respondent cut a fence as alleged). - Case 72025007851: staff recommended a $2,000 civil penalty for offering surveying services without a proper responsible charge and for failure to file disclosures; board approved a $2,000 penalty and directed staff to forward the matter to the Architects & Engineers board for related licensure review in other jurisdictions. - Case 2025019771 (last complaint reviewed): dismissal after the respondent provided corrected documentation clarifying the work was construction layout (based on control points staked by a licensed surveyor) rather than a property-line survey.
In multiple cases legal staff noted mitigating and aggravating factors: prompt self-reporting can be considered mitigating; a respondent's admission of error after complaint filing or failure to act on notice before a complaint was filed were cited as aggravating circumstances in staff's recommended disposition. Motions were offered in open session and passed by voice vote; board members generally voted aye and approved staff recommendations.
Board counsel will draft consent orders and settlement offers where appropriate; if a respondent declines a consent order staff will proceed to a formal hearing.
