Offenses Against The Chapter - Land Surveyors - Business & Professions - CA

Section § 8790

This law empowers the board to make sure all the rules and regulations in this chapter are followed, and if they find any violations, they must ensure those are prosecuted.

The board shall enforce all of the provisions of this chapter and cause the prosecution of all violations coming to its notice.

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Section § 8790.5

This law says that if a licensed expert witness signs a nondisclosure agreement (NDA), it doesn't stop them from telling the board about any potential violations of the Professional Land Surveyors’ Act. Also, the law makes it clear that it doesn't affect any legal protections like attorney-client confidentiality or work product privileges.

(a) If a licensee who is retained as an expert witness enters into a nondisclosure agreement, that agreement shall not be construed to prevent the licensee from reporting a potential violation of the Professional Land Surveyors’ Act to the board.

(b) This section shall not be construed to be, or act as, a waiver of any applicable attorney-client or attorney work product privileges.

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Section § 8791

The law requires officers responsible for enforcing the rules to take legal action against anyone accused of breaking these rules.

It is the duty of the respective officers charged with the enforcement of laws to prosecute all persons charged with the violation of any of the provisions of this chapter.

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Section § 8792

This law outlines several actions related to land surveying that are considered misdemeanors if done without proper authorization. These include practicing land surveying or pretending to be a land surveyor without a license, using someone else's license or certificate, giving false information to obtain a license, and using an expired or fake license. Managing a business that offers land surveying services without the necessary licenses is also prohibited.

A person who does any of the following is guilty of a misdemeanor:

(a) Unless the person is exempt from licensure under this chapter, practices, or offers to practice, land surveying in this state without legal authorization.

(b) Presents as their own the certificate of a land surveyor-in-training or the license of a professional land surveyor unless they are the person named on the certificate or the license.

(d) Gives false evidence of any kind to the board, or to any board member, in obtaining a certificate or a license.

(e) Impersonates or uses the seal, signature, or license number of a professional land surveyor or who uses a false license number.

(f) Impersonates or uses the certificate number of a land surveyor-in-training or who uses a false certificate.

(g) Uses an expired, suspended, surrendered, or revoked certificate or license.

(h) Represents themselves as, or uses the title of, professional land surveyor, or any other title whereby that person could be considered as practicing or offering to practice land surveying, unless the person is correspondingly qualified by licensure as a land surveyor under this chapter.

(i) Uses the title, or any combination of that title, of “professional land surveyor,” “licensed land surveyor,” “land surveyor,” or the titles specified in Sections 8751 and 8775, or “land surveyor-in-training,” or who makes use of any abbreviation of that title that might lead to the belief that the person is a licensed land surveyor or holds a certificate as a land surveyor-in-training, without being licensed or certified as required by this chapter.

(j) Unless appropriately licensed, manages, or conducts as manager, proprietor, or agent, any place of business from which land surveying work is solicited, performed, or practiced, except as authorized pursuant to Section 6731.2.

(k) Violates any provision of this chapter.

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