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Board debates whether standards‑of‑practice PDH must be Tennessee‑specific and reduces CE audit rate to 5%

December 14, 2024 | Commerce & Insurance, Deparments in Office of the Governor, Organizations, Executive, Tennessee


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Board debates whether standards‑of‑practice PDH must be Tennessee‑specific and reduces CE audit rate to 5%
The Tennessee Board of Examiners for Land Surveyors spent a substantial portion of its Nov. 22 meeting debating whether the required 1‑hour 'standards of practice' continuing education hour (PDH) must be Tennessee‑specific or whether equivalent courses from other states should qualify.

Several members said the intent had always been Tennessee‑specific instruction and urged a prompt clarification. One member said the issue surfaced at the last renewal cycle and risked creating a perception that any out‑of‑state standard would satisfy Tennessee requirements: "I think it's important that we address it quicker," a member said. Legal counsel responded that, as written, the rule states only 'standards of practice' without a state qualifier, so it should generally be construed in favor of applicants; counsel suggested that the board could later require Tennessee‑specific material as part of discipline or pursue a formal rule change.

The board did not adopt an immediate rule change at the meeting but put the discussion on the record and asked staff to outline the steps needed for a rules revision if the board wishes to narrow the language. Members discussed options including: (a) pursue a rules change to require Tennessee‑specific standards, (b) keep the broad language and address deficiencies through discipline or remedial training on a case‑by‑case basis, or (c) add clearer administrative guidance for reviewers.

Separately, the board voted to reduce the CE audit sample rate from 10% to 5% after staff reported good compliance during prior audits; the motion to reduce the audit size was moved, seconded and approved by voice vote.

Next steps: Staff will document the discussion for the minutes, provide a procedural plan for any rule change if the board chooses that path, and implement the 5% CE audit sample rate for the next renewal cycle.

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Scribe from Workplace AI
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