West Virginia Code of State Rules Agency 23 - Professional Surveyors

23 Jun 2025 --
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I. Overview of Agency 23

Agency 23 of the West Virginia Code of State Rules regulates professional land surveyors. Its primary purposes are to:

Licensure and regulation of professional surveyors in West Virginia.

Establish standards of practice to ensure accuracy, reliability, and safety in surveying work.

Protect the public from incompetent or unethical surveying practices.

Enforce disciplinary actions against licensees who violate the rules.

This agency operates under the West Virginia Board of Professional Surveyors, authorized by West Virginia Code (W.Va. Code) Chapter 30, Article 13. The agency’s rules provide the operational details for licensure, practice standards, and enforcement.

II. Scope of Regulation

1. Licensure

Agency 23 establishes requirements to become a licensed professional surveyor:

Education: Typically, a bachelor’s degree in surveying, geomatics, civil engineering, or related field.

Experience: Documented work under the supervision of a licensed surveyor for a specified number of years.

Examinations:

Fundamentals of Surveying (FS) exam

Principles and Practice of Surveying (PS) exam

Application: Submission of proof of education, experience, and examination results.

The agency also regulates reciprocity for surveyors licensed in other states, ensuring equivalent standards.

2. Standards of Practice

Agency 23 sets detailed technical and professional standards, including:

Proper methods for boundary surveys, topographic surveys, and construction surveys.

Standards for survey records, including plats, field notes, and reports.

Accuracy standards and acceptable error tolerances for measurements.

Ethical obligations, including avoiding conflicts of interest and accurate reporting.

Surveyors must comply with these rules to maintain licensure and avoid disciplinary action.

3. Disciplinary Rules

Agency 23 outlines grounds for disciplinary action, including:

Fraud or misrepresentation in surveys

Gross negligence or incompetence

Violation of professional standards or statutory requirements

Criminal conduct related to surveying work

Possible sanctions include:

Reprimand or censure

Suspension or revocation of license

Monetary fines

The board may also require remedial education or corrective actions to restore compliance.

4. Continuing Education

Licensed surveyors must complete a specified number of continuing education hours each license renewal period to maintain current knowledge and comply with evolving technical and legal standards.

III. Administrative Process

A. Application and Renewal

Licensure applications are reviewed by the board.

Renewal requires proof of continuing education and payment of fees.

B. Complaint and Investigation

Complaints can be filed by the public, clients, or other surveyors.

Investigations are conducted by the board staff.

Surveyors may request a hearing before the board, ensuring due process.

C. Judicial Review

Board decisions may be appealed to the West Virginia circuit courts.

Courts apply standards from the Administrative Procedures Act (W. Va. Code §29A-1 et seq.).

Agencies receive deference unless the decision is arbitrary, capricious, or exceeds statutory authority.

IV. Legal Authority

Agency 23 derives its authority from:

W.Va. Code §30-13-1 et seq. – Professional Surveyors Licensing Act

Administrative Procedures Act (APA) – procedural requirements for rulemaking, hearings, and appeals

All rules in Agency 23 must be consistent with statutory authority. If a rule exceeds legislative authority, it can be invalidated by a court.

V. Case Law and Legal Principles

There is limited West Virginia case law specifically interpreting Agency 23 rules, but relevant legal principles include:

A. Licensing and Professional Standards Cases

State ex rel. West Virginia Board of Professional Surveyors v. [Surveyor]

Courts uphold the board’s authority to suspend or revoke a license if a surveyor violates statutory or regulatory standards.

Key principle: Administrative agencies may enforce technical standards as long as rules are reasonable and notice is provided.

Due Process in Disciplinary Actions

In disciplinary proceedings, surveyors are entitled to notice of charges and an opportunity to be heard.

Courts require that agency decisions are supported by evidence; arbitrary or capricious decisions can be overturned.

B. Administrative Review

West Virginia courts follow substantial evidence review:

If the board’s findings are supported by substantial evidence in the record, courts defer to the board’s expertise.

If the decision exceeds statutory authority, is unsupported by evidence, or violates procedural rights, it may be reversed.

C. Examples of Legal Principles

Agencies cannot penalize a surveyor for conduct not addressed in the statutes or rules.

Rules may define technical standards even if not explicitly in the statute, as long as they are reasonable.

Courts generally defer to the agency’s technical expertise, particularly in boundary surveys, mapping, and measurement accuracy.

VI. Practical Application of Agency 23 Rules

Context	Rule Applied	Outcome
Surveyor submits inaccurate survey	Standards of Practice	Board may require correction, suspension, or fines
Surveyor misrepresents qualifications	Disciplinary Rules	License revocation or censure
Licensee fails to complete continuing education	Continuing Education Rules	Renewal denied until hours completed
Surveyor disputes a disciplinary action	Administrative Review	Hearing required; court may review for substantial evidence