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Article 7: License Forum Shopping Perhaps the most common forum shopping is conducted by the un-
licensed person that is embarking on their professional career and
This is the seventh article I have prepared in the series offering desires to take the fundamentals of surveying (FS) exam. In terms
thoughts on professional practice and education. In this article, of taking their fundamentals of surveying exam, this individual can
I wish to discuss forum shopping for licensing, experience, and begin the process in any state regardless of their state of residency.
testing timing. To better understand forum shopping, some back- A person can start their professional licensing by choosing a state
ground on testing will help understand the purpose and reasons that charges the least for an application or has the least restrictions
for forum shopping. on the initial or subsequent process for renewal. One state may
I have been surveying for fifty years and been licensed to practice allow both NCEES’ exams be taken without any restrictions versus
the state of residence that may require numerous pre-conditions
surveying in six different states. When I tested for many of my before an exam can be taken. I am unaware of any state that will
licenses, I had to show up within the state on a certain day, at a not accept the NCEES fundamental of surveying exam results ob-
certain location, to take an exam only offered once or twice a year. tained by a person through another state.
Given the pre-application time and time after the exam that was
required to grade, review, and receive the results, it was not unusual There are numerous factors that may impact forum shopping.
to wait a year between a desire or need to obtain a license in a state Licensing requirement is a major factor. States vary according to
and eventual receipt of the license (assuming the pre-requisite academic requirements, years of experience, or acceptable experi-
experience and education was already attained, and the required ence. Another major factor is timeliness of licensing steps. For
testing was passed). example, some states allow both exams (FS and PS) be taken at or
NCEES has considerably reduced the cycle time and wait time for near graduation. Some states require four years with an appropriate
1
degree, other states require only two years with an appropriate de-
the fundamentals of surveying (FS) exam and the professional sur- gree. Cost is another factor. Renewing a survey license in one state
veyor’s (PS) exam. I would venture the opinion that any delays are is $50 while another state demands $300. The last factor worth
now centered upon waiting for the availability of a seat at a testing mentioning is continuing education. Some states don’t require
center rather than NCEES or the state licensing board to perform continuing education. Other states have minimal or no continuing
their actions. NCEES exams may be taken in hundreds of testing education requirements.
sites across the nation. By way of example, a student in Ohio that
plans to visit grandparents in Florida, over Christmas break, with In summary, given the ease of taking exams. Unless an individual
enough lead time to reserve an empty seat at a Florida testing cen- must be licensed in a particular state to provide services, many
ter, can take the NCEES exam in Florida during their visit. individuals will shop for the best licensing deals among the various
The Covid pandemic has forced many states to offer state specific ex- states.
ams through testing centers on an as-need basis. Previously, states 1 NCEES stands for the National Council of Examiners for Engineering and
only offered state specific exams once or twice a year on a specific Surveying
date at a specific location. Many states have had to adjust for Covid to † Other books and articles by Knud can be found at https://umaine.edu/svt/fac-
avoid large gatherings or to quell unrest from applicants that expect ulty/hermansen-articles/
state specific exams to be conducted with the same ease in schedul-
ing and promptness experienced with NCEES testing.
The ease of professional testing has allowed for those desiring a
surveying license to go forum shopping. What is meant by forum
shopping? I am referring to the ability of an applicant to choose
among all the states to find the easiest route, in their circumstanc-
es, to obtain professional licensing.
I wish to make it clear that a person intending to provide surveying
services in a particular state, must have a surveying license for that
state. The person must deal exclusively with the licensing board in
that state. However, not all aspiring licensees need to be licensed
in a particular state to fill their employment requirements or their
professional objectives. For example, many individuals employed
by the United States Government simply need to be licensed as a
surveyor in any state to qualify for higher pay or positions. It does
not matter what state the federally employed surveyor has their
license. The licensed status of faculty members is not necessarily
governed by the state where the university is located. The status of
employees in large firms where they do not stamp and seal docu-
ments is assured by licensing in any state, not necessarily the state
they reside or work in.
In some cases, an individual working in a firm may desire ‘profes-
sional status’ yet they cannot meet the requirements for a survey
license in their state of residency. Perhaps they don’t have a sur-
veying degree, or the correct degree, or experience required in that
state. Nevertheless, these individuals can seek to obtain licens-
ing in another state where they do meet the requirements. For
example, a GIS specialist working in a state not requiring a license
for GIS services can nevertheless enhance their credibility and
reputation by becoming a licensed surveyor in a state that does
require a surveyor license for GIS services and will count experi-
ence performing GIS services.

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