Board issues letters, dismissals and civil penalties after PDH audit and complaint reviews

Board of Examiners for Land Surveyors · December 14, 2024

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Summary

At its Nov. 22 meeting the board accepted staff recommendations across four complaints: issued a letter of warning for an old‑survey revision dating issue, dismissed a neighbor/pin dispute, approved a $2,000 agreed‑citation resolution for a PDH nonresponse, and raised another PDH citation to $500 (motion passed 3–1).

Legal counsel presented four complaint summaries and staff recommendations on Nov. 22; the board acted on each recommendation by motion and vote.

Case 1: Expert review of an amended 2012 survey was inconclusive about easement location but found problematic revision dating and potential missing ties. Counsel recommended a letter of warning for record‑keeping and revision‑dating issues (rule citation 0820‑04‑0.08a). The board approved issuing a letter of warning.

Case 2: A property owner alleged a survey crew unearthed and left a corner pin, creating a neighbor dispute and possible conflict of interest. The respondent supplied documentation showing control matches the plat of record; staff recommended dismissal and the board voted to dismiss the complaint.

Case 3: A PDH audit found a licensee failed to provide proof of required PDHs and did not respond to staff requests; legal recommended the maximum civil penalty available under board authority (two violations totalling a $2,000 civil penalty), plus a consent order requiring proof of compliance and an affidavit about any work performed while out of compliance. The board accepted staff’s recommendation and authorized the penalty and consent‑order path.

Case 4: Another PDH audit revealed standards‑of‑practice PDHs claimed were outside the renewal period. Staff had offered an agreed citation of $100 with a 30‑day cure period; because the respondent had not signed or paid, counsel recommended raising the civil penalty to $500 at this stage. The board approved the $500 increase by a recorded vote (motion passed 3–1).

The board recorded the actions in the minutes and authorized staff to proceed with consent orders where applicable.