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Terms Used In Tennessee Code 62-18-116

  • Board: means the state board of examiners for land surveyors, provided for by this part. See Tennessee Code 62-18-102
  • Conviction: A judgement of guilt against a criminal defendant.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Fraud: Intentional deception resulting in injury to another.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Land surveyor: means a person who is engaged in the practice of land surveying. See Tennessee Code 62-18-102
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Person: includes a corporation, firm, company or association. See Tennessee Code 1-3-105
  • Practice of land surveying: means any service of work, the adequate performance of which involves the application of special knowledge of the principles of mathematics, the related physical and applied sciences and the relevant requirements of law for adequate evidence to the act of measuring and locating lines, angles, elevations, natural and man-made features in the air, on the surface of the earth, within underground workings and on the beds of bodies of water for the purpose of determining areas and volumes, for the monumenting of property boundaries and for the platting and layout of lands and subdivisions of land, including the topography, drainage, alignment and grades of streets, and for the preparation and perpetuation of maps, records, plats, field notes, records and property descriptions that represent these surveys. See Tennessee Code 62-18-102
  • State: when applied to the different parts of the United States, includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
(1) The board may refuse to issue a certificate of registration, may revoke, suspend or refuse to renew a certificate of registration or may take other lawful disciplinary action against any land surveyor registered under this part for any of the following causes:

(A) Any fraud or deceit in obtaining a certificate of registration;
(B) Any incompetency, misconduct or gross negligence in the practice of land surveying;
(C) Any violation of this part or of any rules duly adopted under this part;
(D) Any failure to comply with the minimum acceptable standards of practice established pursuant to § 62-18-106(c);
(E) Any conviction of a felony for the commission of an offense that bears directly on the person‘s fitness to practice competently. However, an action taken under this subdivision (a)(1)(E) shall be subject to the applicable provisions of the Fresh Start Act that are compiled in chapter 76, part 1 of this title; or
(F) Any revocation, suspension, disciplinary action or voluntary surrender of a license or certificate of registration to practice land surveying in any jurisdiction.
(2) Any person may prefer charges against any land surveyor registered under this part on any of the grounds in subdivision (a)(1). The charges shall be in writing, sworn to by the complainant, and shall specifically state the factual basis for the charges.
(3) Subdivision (a)(2) shall not be construed to preclude the board from filing charges against a land surveyor on its own motion.
(b) Nothing in this part shall be construed to negate the right of any person, partnership, firm, joint stock association or corporation from appealing to the civil courts for relief.
(c) The affirmative vote of a majority of the members of the board shall be necessary in order to revoke the certificate of registration of any land surveyor registered under this part or to reissue a certificate of registration to any person whose certificate has been revoked.
(d) The board shall notify the register of deeds of each county that would likely be affected by the revocation or suspension of a certificate of registration or the reissuance of a revoked or suspended certificate of registration.
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