Section 7212. Mandatory continuing education for land surveyors

1. (a)
  Each licensed land surveyor required  under  this  article  to  register
  triennially  with  the  department to practice in the state shall comply
  with the provisions of the mandatory continuing  education  requirements
  prescribed  in  subdivision  two  of this section except as set forth in
  paragraphs (b) and (c) of this subdivision. Land surveyors  who  do  not
  satisfy  the  mandatory  continuing  education  requirements  shall  not
  practice until they have met such requirements, and have been  issued  a
  registration  certificate,  except  that  a  land  surveyor may practice
  without  having  met  such  requirements  if  he  or  she  is  issued  a
  conditional  registration  certificate  pursuant to subdivision three of
  this section.
    (b) In accord with the intent  of  this  section,  adjustment  to  the
  mandatory  continuing  education  requirement  may  be  granted  by  the
  department for reasons of health certified by an appropriate health care
  professional, for extended active duty with  the  armed  forces  of  the
  United  States,  or  for  other  good cause acceptable to the department
  which may prevent compliance.
    (c) A licensed land surveyor not engaged in practice as determined  by
  the  department, shall be exempt from the mandatory continuing education
  requirement upon the filing of a statement with the department declaring
  such status. Any licensee who returns to the practice of land  surveying
  during  the  triennial  registration  period shall notify the department
  prior to  reentering  the  profession  and  shall  meet  such  mandatory
  education  requirements  as  shall  be  prescribed by regulations of the
  commissioner.
    (d) Licensed  land  surveyors  shall  be  exempt  from  the  mandatory
  continuing   education  required  by  this  section  for  the  triennial
  registration period during which they are first licensed.
    2.  During  each  triennial  registration  period  an  applicant   for
  registration shall complete a minimum of twenty-four hours of acceptable
  continuing  education, as specified in subdivision four of this section,
  provided, however, that a minimum of sixteen hours  of  such  continuing
  education  shall  consist  of  courses  in  land  surveying  and related
  subjects, provided that no more than eight  of  said  twenty-four  hours
  shall  consist  of  self-study  courses.  Any  land surveyor whose first
  registration date following the effective date of  this  section  occurs
  less  than three years from such effective date, but on or after January
  first, two thousand five, shall complete continuing education hours on a
  prorated basis at the  rate  of  one  hour  per  month  for  the  period
  beginning  January first, two thousand four up to the first registration
  date  thereafter.  A  licensee  who  has  not  satisfied  the  mandatory
  continuing  education  requirements  shall  not  be  issued  a triennial
  registration certificate by the department and shall not practice unless
  and until a conditional registration certificate is issued  as  provided
  for  in  subdivision  three  of  this  section.  With  the  exception of
  continuing  education  hours  taken  during  the   registration   period
  immediately  preceding  the  effective  date of this section, continuing
  education hours taken during one triennium may not be transferred  to  a
  subsequent triennium.
    3.  The  department,  in  its  discretion,  may  issue  a  conditional
  registration to a licensee who fails to meet  the  continuing  education
  requirements  established  in  subdivision  two  of this section but who
  agrees to make up any deficiencies and complete any additional education
  which the department  may  require.  The  fee  for  such  a  conditional
  registration  shall  be the same as, and in addition to, the fee for the
  triennial registration. The duration of  such  conditional  registration
  shall be determined by the department but shall not exceed one year. Any

  licensee  who  is  notified of the denial of registration for failure to
  submit evidence, satisfactory to the department, of required  continuing
  education  and  who  practices land surveying without such registration,
  shall  be  subject  to  disciplinary  proceedings  pursuant  to  section
  sixty-five hundred ten of this title.
    4. As used in subdivision two of this section, "acceptable  continuing
  education"  shall  mean  courses  of learning and other activities which
  contribute to the profession or practice of  land  surveying  and  which
  meet  the  regulations  of  the commissioner. The department may, in its
  discretion and as needed to contribute to the health and welfare of  the
  public,  require  the  completion  of  continuing  education  courses in
  specific subjects. Such courses of learning must be taken from a sponsor
  approved by the department, pursuant to regulations of the commissioner.
    5. Land surveyors shall maintain adequate documentation of  completion
  of  acceptable continuing education and shall provide such documentation
  at the request of the department.
    6. The mandatory continuing education fee shall be forty-five  dollars
  and  shall  be  payable  on  or  before  the first day of each triennial
  registration period, and shall be paid  in  addition  to  the  triennial
  registration  fee  required  by  paragraph  eight  of subdivision one of
  section seventy-two hundred six of this article.
    * NB Repealed June 30, 2014.