How to Protect Your Surveyors License in Indiana

Professional land surveying is an important and rewarding career. It’s also a career that requires a professional license. This means that professional surveyors in Indiana must stay in compliance with the strict rules and regulations set forth by the Surveyors Board, as well as the laws that govern all professional licenses in Indiana. Given this, it’s vital for all professionals in this field to fully understand rules and regulations that apply to their surveyors license in Indiana, and how an Indiana professional license lawyer can help when a complaint or violation is made.  

If you’ve had a complaint made against your surveyors license, or recently been convicted of a criminal offense, it’s important to understand that your entire reputation and career is at stake. The best thing that you can do right now is to hire an aggressive and experienced professional license defense lawyer from Keffer Hirschauer LLP. Regardless of the circumstances, no matter the situation, our attorneys will work tirelessly to obtain the best possible outcome in the matter and exhaust every option to defend your surveyors license.   

To speak with an attorney who understands the makeup, culture, and procedures of the Indiana Surveyors Board, contact our firm today at 317-648-9560 or complete our online contact form to schedule a free consultation. The Indianapolis attorneys at Keffer Hirschauer LLP are ready to come to your defense.   

Indiana Surveyors License: Rules and Regulations 

Those holding a surveyors license in Indiana must abide by a certain set of rules and regulations aimed at ensuring ethical, competent, and professional conduct. These regulations, outlined in 865 IAC 1-10, provide a comprehensive framework for maintaining the integrity and quality of surveying practices. Below are the key components of these rules: 

Ethical, Economic, and Legal Principles: Professional surveyors must adhere to ethical, economic, and legal principles in their practice. Any failure to comply with these principles constitutes professional incompetence, which can lead to disciplinary actions. 

Agreement to Abide by IC 25-21.5 and Rules: Surveyors must agree to abide by the Indiana Code 25-21.5 and the rules established by the Board of Registration for Professional Surveyors. This agreement is a prerequisite for obtaining and maintaining a license to practice. 

Privilege to Practice; Responses to Board: The practice of land surveying is considered a privilege, not a right. Surveyors are required to be forthright and candid in their communications with the Board regarding their professional conduct. This includes responding accurately and honestly to any inquiries from the Board. 

Public Safety, Health, and Welfare: Surveyors have a primary obligation to protect public safety, health, and welfare in their professional duties. If their professional judgment is overruled in ways that endanger the public, they must inform their employer and notify the appropriate authorities. 

Qualification to Undertake Assignment: Surveyors should only accept assignments for which they are qualified by education or experience. Accepting work beyond their competence can lead to issues of professional incompetence. 

Restricted Services for Assignments Outside Field of Competence: When accepting assignments that require expertise beyond their qualifications, surveyors must restrict their services to areas in which they are competent and ensure that other phases of the project are handled by qualified associates, consultants, or employees. 

Use of Seal Restricted: Surveyors must not affix their signature or seal to documents or plans related to subjects in which they lack competence due to insufficient education or experience. They must also ensure that all documents are prepared in accordance with regulatory standards. 

Professional Reports; Statements and Testimony: Surveyors are required to be objective and truthful in all professional reports, statements, or testimonies. They must include all relevant and pertinent information to maintain the integrity and accuracy of their work. 

Expert Opinion Testimony: When serving as expert or technical witnesses, surveyors must base their opinions on adequate knowledge of the facts, technical competence, and honest conviction of their accuracy. This ensures that their testimonies are reliable and trustworthy. 

Public Policy Statements; Criticisms or Arguments: Surveyors must disclose their identity, the identities of the parties they represent, and any pecuniary interest when making public statements, criticisms, or arguments related to land surveying matters. This transparency helps maintain public trust in the profession. 

Conflicts of Interest: Surveyors must avoid conflicts of interest with their employers or clients. If a conflict arises, they must promptly disclose it to the concerned parties. They are also prohibited from accepting compensation from multiple parties for the same project without full disclosure and agreement from all involved. 

Financial Considerations and Gratuities: Surveyors must not solicit or accept financial or other valuable considerations from suppliers for specifying their products. Accepting such gratuities can lead to biased decisions and compromise the surveyor’s professional integrity. 

Public Service Position and Public Contracts: Surveyors in public service must avoid participating in actions related to services provided by their private practices to prevent conflicts of interest. They must also refrain from soliciting or accepting contracts from governmental bodies where a principal or officer of their organization serves as a member. 

Reporting Violations and Felony Convictions: While sections on reporting violations and the effect of felony convictions have been repealed, surveyors are still expected to maintain a high standard of ethical conduct and report any actions that might jeopardize public trust in the profession. 

By adhering to these comprehensive rules and regulations, those holding a surveyors license in Indiana can ensure they maintain their licenses and uphold the highest standards of professional conduct. This not only protects their careers but also serves the public interest by ensuring reliable and ethical surveying practices. 

• Indiana Professional License Rules and Regulations: Upholding Professional Standards 

According to Indiana Code 25-1-11-5, all licensed professionals in Indiana, including surveyors, must adhere to rigorous professional standards to retain their licenses. This legislation highlights key areas where compliance is mandatory, and violations can result in disciplinary measures. Non-compliance can lead to disciplinary actions if the board determines violations have occurred after a formal hearing.  

Fraudulent or Deceptive Practices: 

• Participating in or aiding fraudulent activities to obtain a license, such as cheating on exams. 
• Engaging in fraud or significant deception in the provision of professional services. 
• Misleading or false advertising of services or products. 
• Convictions related to fraudulent billing practices. 

Criminal Convictions: Convictions that impair a professional’s ability to practice competently or endanger public safety can result in sanctions. 

Legal Violations:  Knowingly breaching state or federal laws and regulations pertaining to the profession. 

Professional Competence and Fitness:  Practicing while unfit due to incompetence, outdated professional knowledge, physical or mental incapacity, or substance abuse issues. 

Immoral Conduct: Engaging in lewd or unethical behavior during professional duties. 

Improper Use of License: 

• Permitting one’s license or name to be used by others for services beyond their competency. 
• Assisting others in activities that could warrant disciplinary actions. 
• Allowing another individual to use one’s license or displaying a license that is expired, inactive, or revoked. 

Disciplinary Actions from Other States: Being subject to disciplinary actions in other states for similar violations. 

Non-Compliance with Sanctions: Failing to comply with orders that impose sanctions under  Indiana Code 25-1-11-12  

By adhering to these professional standards, surveyors can safeguard their licenses and maintain the integrity and reliability of their practice. Compliance not only ensures career longevity but also reinforces public trust in the surveying profession. 

Potential Actions Against a Surveyors License

When the Indiana Surveyors Board determines that a surveyor has violated professional, practical, or ethical standards, they can impose a range of disciplinary actions against the licensee. These actions vary in severity depending on the nature and seriousness of the violation. 

For less serious violations, the governing body may choose to censure or reprimand the licensed surveyor. This often involves a formal statement of disapproval, which can be part of the surveyor’s permanent record. Additionally, fines may be imposed as a financial penalty for the infraction. 

More serious violations can result in the suspension or probation of the surveyor’s license. During a suspension, the surveyor is prohibited from practicing for a specified period. When placed on probation, a surveyor may continue to work but under certain conditions and restrictions. These conditions can include participation in substance abuse treatment and monitoring programs, attendance at counseling sessions, completion of additional educational courses to address deficiencies or enhance professional skills, regular monitoring by another professional or a designated program to ensure compliance with professional standards, and work restrictions such as limitations on the number of hours the surveyor may work or the types of projects they may undertake. 

The most severe disciplinary action is the revocation of the surveyor’s license. This action is typically reserved for the most serious violations, often involving criminal charges or severe ethical breaches. License revocation permanently removes the surveyor’s ability to practice in Indiana and is usually the result of an egregious infraction. 

Given the potential severity of these disciplinary actions, it is crucial for surveyors facing threats to their professional license to seek the assistance of an experienced professional license defense lawyer. A skilled attorney can review and investigate the allegations, prepare and file a sound response to the complaint, and represent the surveyor before the Board or governing body. This legal support is vital in protecting the surveyor’s career and ability to continue practicing their chosen profession. 

How to Protect Your Professional License

Maintaining a surveyor’s license in Indiana requires strict adherence to the established rules and regulations governing the profession. These regulations are designed to ensure that all licensed surveyors operate with the highest level of professionalism, integrity, and competence. Here are key steps to protect your surveyor’s license and sustain your career. 

Adhere to Professional Standards: The most crucial aspect of protecting your license is adhering to the professional standards set forth by the Indiana Surveyors Board. This includes following ethical guidelines, maintaining up-to-date professional knowledge, and ensuring all your work complies with state laws and regulations. Regularly review the rules of professional conduct and stay informed about any changes in legislation or professional standards. This proactive approach helps prevent inadvertent violations that could jeopardize your license. 

Stay Informed and Educated: Continuing education is not just a requirement but a means to keep your skills sharp and relevant. According to 865 IAC 1-15-2, registered land surveyors must complete a minimum of twenty-four (24) hours of continuing education for the biennial renewal of their license in an active status. This includes at least six (6) hours in mandatory topics and eighteen (18) hours in elective topics. Newly registered surveyors are exempt from this requirement for their first license renewal. Additionally, no single elective course can count for more than twelve (12) hours of continuing education. College courses taken after licensure can also qualify, with ten (10) hours of credit per quarter hour and fifteen (15) hours per semester hour. Surveyors can carry forward up to four (4) unused elective hours to the next renewal period with proper documentation. By staying informed about the latest developments in surveying technology and practices, you can avoid mistakes that could lead to disciplinary action. 

Documentation and Compliance: Ensure all your work is thoroughly documented and complies with state regulations. Accurate and detailed records of your projects can be invaluable if your professional conduct is ever questioned. Proper documentation demonstrates your commitment to professionalism and can serve as evidence of your adherence to regulatory standards. 

Seek Legal Counsel When Necessary: Under Indiana Code 25-1-1.1-1, when an individual holding a surveyors license in Indiana is convicted of any criminal misdemeanor or felony offense, they must notify the surveyors board within 90 days after the entry of an order or judgement. The only exception to this rule is for misdemeanor traffic offenses, not including DUIs in Indiana. Given this, any surveyor facing allegations of a criminal offense should seek the assistance of a professional license attorney immediately. A skilled professional license defense attorney can help you navigate both criminal charges and professional license concerns by reviewing and investigating the allegations, preparing a robust defense, and representing you in court and before the surveyors board, if necessary. This legal support is essential in protecting your license and ensuring your rights are upheld throughout the process. 

Ultimately, protecting your surveyor’s license in Indiana involves a commitment to ongoing education, adherence to professional standards, and proactive legal defense when necessary. By taking these steps, you can safeguard your career and continue to provide valuable services to the public with integrity and confidence. 

Need to Speak with an Indiana Surveyor License Lawyer?  

If your Indiana surveyor license is under threat, the best thing you can do is contact an Indiana professional license defense lawyer from Keffer Hirschauer LLP. Our firm has successfully protected countless Hoosiers’ careers before the various Boards and Commissions that govern professional licenses in Indiana. They fully understand how these types of matters are handled and what it takes to secure the best outcome in the case at hand. To speak one of the best Indiana professional license lawyers in Indiana, call 317-648-9560 or schedule a free, confidential consultation.