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Thoughts On infractions in surveying practice. Such knowledge, when neces-
sary, can be addressed and found if and when the surveyor faces
Professional Practice discipline. This is akin to asking drivers on their driving exam
what the dollar fine is for speeding.
and Education Third, it is not reasonable to test on topics that ordinarily
require the surveyor investigate the law as a matter of course
By: Knud E. Hermansen, PLS, PE, Ph.D, Esq. during practice. For an example of this deficiency, I saw a ques-
tion requiring a surveyor to know, on a state specific test, what
Part 8: State Specific Exams are the number of hours of continuing education allowed for
writing an article. The surveyor can find this information when
This is a follow-up to Parts No. 6 & 7 published in the and if they decide to write an article. What is appropriate is to
Traverse Edition 50.4) ensure the surveyor knows continuing education is required for
renewing a license.
This is the eighth article I have prepared in the series offering
thoughts on professional practice and education. In this article, I Fourth, testing should only focus on common and widespread
wish to discuss state specific exams. knowledge to practice in that state. A state should not test on
knowledge that most competent surveyors in the state do not
Most states require the applicant for licensure in the state know or need to know. I have seen a state specific exam com-
pass an exam on surveying topics the state board of licensure posed of questions that the vast majority of competent survey-
believes is important for surveying practice in the state. Even ors currently practicing in the state would not be able to answer.
surveyors applying by reciprocity or comity that have already If the knowledge is not necessary for current surveyors to
passed NCEES exams must take and pass the state specific competently practice, why is the knowledge necessary for new
exam to be licensed. surveyors? These are ‘gotcha’ questions that have no place on a
state specific exam. I would go so far as to claim the exam would
I have had or hold surveying licenses in six different states. In all not survive legal scrutiny if challenged by a test taker.
but one state, I had to take a state specific exam. I have also aid-
ed in the preparation and grading of state specific exams. Based Fifth, testing should only test on knowledge necessary for practice
on my experiences, I have opinions on state specific exams that I not knowledge useful for practice. Let me give an example what I
will share with the reader. Without question, I am going to stir up mean by necessary versus useful knowledge. An example of use-
some controversy. Take heart for those that disagree with me. I ful knowledge would be the time period comprising the statute
have absolutely no influence other than these words to change of limitation for the state. This is not necessary knowledge to
any policies. Furthermore, to date, my words have had no influ- practice surveying. The surveyor should not and cannot offer legal
ence in modifying a licensing board’s policy. I will also add that I advice. Therefore, the surveyor cannot tell a landowner if adverse
have never shown a proficiency to predict the future. If a reader possession or prescription has occurred or not. It follows, while
does not agree with me, fear not. My arguments will likely not the surveyor may find the statute of limitations useful knowledge
persuade members of licensing boards. Go to bed believing you to know, knowing what the statute of limitation is for the state is
will prevail, despite my arguments, and sleep in peace. not necessary knowledge for surveying practice.

We will start with the premise that I believe to be true, that there Sixth, testing should be confined to fingertip knowledge versus
is law in one state affecting surveyors or surveying practice that lookup knowledge. Fingertip knowledge is knowledge that the
is unique to that state. It follows that a surveyor should know surveyor must know without reminder when offering services.
that law before practicing or offering services in that state. The For example, fingertip knowledge would be the knowledge that
relevant question I ask is whether a state specific exam is the a written contract is required for surveying services or there are
method to assure the surveyor knows state specific law. mandatory standards that the surveyor must adhere to when
providing typical surveying services. Lookup knowledge is what
There are seven deficiencies I have observed with state procedure is required to comply with a right of entry law. Using a
specific exams. non-survey related example, fingertip knowledge is the knowl-
edge that a person must periodically renew car registration.
First, contents of some state specific exams are not state spe- Lookup knowledge is what procedure or paperwork is required to
cific. Some licensing boards test knowledge that is common to renew car registration.
all or many states. In one state specific exam, I was tasked with
calculating coordinates and calculating the area of a parcel. Test- Seventh, testing should focus on critical knowledge for common
ing for this knowledge is done on the national exams. services, not unusual services that few surveyors provide. For
example, if a state has survey standards for laying out solar en-
Second, many exams ask questions that are state specific but velopes and less than one percent of the surveyors in the state
are not required for competent practice within the state. For will ever attempt to lay out a solar envelope, questions on solar
example, one state specific exam question I had to answer asked envelope standards are not appropriate. Knowledge of unusual
for the penalties imposed for certain infractions by a surveyor. I services would be akin to a person seeking a driver’s license in
would suggest that a surveyor could perform services required order to drive their Ford 150 pickup being asked on their driver’s
in the state competently for their entire professional career in exam how many hours a commercial truck driver is allowed to
that state without knowing what the penalties are for certain drive before resting.

18 The Nevada Traverse Vol.51, No.1, 2024