Immediate Personal Supervision for Professional Land Surveyors

PURPOSE: This rule defines immediate personal supervision for professional land surveyors. (1) Immediate personal supervision is a combination of activities by which a professional land surveyor maintains control over those decisions that are the basis for the findings, conclusions, analysis, rationale, details, and judgments that are embodied in the development and preparation of plats, maps, preliminary subdivision plans, drawings, reports, descriptions, surveys, or other technical submissions. Immediate personal supervision requires providing personal direction, oversight, inspection, observation, and supervision of work being performed. (2) Communications between the professional land surveyor and those persons who are performing the work include, but are not limited to, use of any of the following ways: direct faceto-face communications; written communications; U.S. mail; private express package delivery; electronic mail; facsimiles; telecommunications; or other current technology; provided that the professional land surveyor retains, maintains, and asserts continuing control and judgment. (3) The professional land surveyor who signs and seals plats, maps, preliminary subdivision plans, drawings, reports, descriptions, surveys, or other technical submissions in accordance with the provisions of section 327.411, RSMo, must be knowledgeable of decisions made during preparation of the documents in sufficient detail as to be able to personally answer any questions regarding substantive decisions. (4) Plats, maps, preliminary subdivision plans, drawings, re ports, descriptions, surveys, or other technical submissions will be deemed to have been prepared under the immediate AND INSURANCE personal supervision of a professional land surveyor when the following circumstances exist: (A) The licensee, or an employee of the licensee’s corpora tion, firm, partnership, association, or other entity authorized to do business, shall be in direct contact with the client re questing preparation of plats, maps, preliminary subdivision plans, drawings, reports, descriptions, surveys, or other tech nical submissions; (B) The professional land surveyor provides initial direction and supervises each step of the preparation of the plats, maps, preliminary subdivision plans, drawings, reports, descriptions, surveys, or other technical submissions and has input into their preparation prior to their completion; (C) The professional land surveyor is not employed by the client, solely for the purpose of reviewing and approving plats, maps, preliminary subdivision plans, drawings, reports, descriptions, surveys, or other technical submissions prepared by an unlicensed person, employee, or contractor of the client; (D) The professional land surveyor reviews the final plats, maps, preliminary subdivision plans, drawings, reports, descriptions, surveys, or other technical submissions and is able to, and does make, necessary and appropriate changes to them; and (E) In circumstances where a licensee in responsible charge of the work is unavailable to complete the work, a successor licensee may take responsible charge by performing all pro fessional services to include the development and prepara tion of plats, maps, preliminary subdivision plans, drawings, reports, descriptions, surveys, or other technical submissions. The non-professional services, such as drafting, need not be redone by the successor licensee but must clearly and accu rately reflect the successor licensee’s work. The burden is on the successor licensee to show such compliance. The successor licensee shall have control of and responsibility for the work product and the signed and sealed originals of all technical submissions. (5) During a land survey the professional land surveyor shall: (A) Supervise and review prior to making the survey the acquisition of all necessary records and data including, but not limited to, deeds, maps, certificates of title, abstracts of title, section line, and other boundary line locations in the vicinity; (B) Supervise and review prior to making the survey the analysis of all the record data in order to determine the most nearly correct legal boundaries of the tract to be surveyed; (C) Supervise and review the investigation of the selection of the ground control (such as section corners, block corners, survey corners, or other corners or monuments found) as a result of the filed survey to be used to position the survey on the ground; and (D) Supervise and review the execution of the survey, the survey computations, and the preparation of the drawing. (6) The plats, maps, preliminary subdivision plans, drawings, reports, descriptions, surveys, or other technical submissions shall be signed and sealed according to section 327.411, RSMo. AUTHORITY: section 327.041, RSMo 2016.* This rule originally filed as 4 CSR 30-13.020. Original rule filed Dec. 16, 1988, effective Feb. 24, 1989. Amended: Filed Dec. 1, 2005, effective June 30, 2006. Moved to 20 CSR 2030-13.020, effective Aug. 28, 2006. Nonsubstantive change filed Oct. 21, 2015, published Dec. 31, 2015. Amended: Filed March 20, 2018, effective Sept. 30, 2018. Amended: Filed June 21, 2021, effective Dec. 30, 2021. *Original authority: 327.041, RSMo 1969, amended 1981, 1986, 1989, 1993, 1995, 1999, 2001, 2010, 2014.