PURPOSE: This rule outlines conditions under which the board will require a professional land surveying applicant under section 327.381, RSMo to take and pass an examination(s) as a prerequisite to licensure.

1. (1) Any person applying for licensure as a professional land surveyor under section 327.381, RSMo, who was licensed in another state, territory, or possession of the United States or in another country without being required to pass the National Council of Examiners in Engineering and Surveying (NCEES) examinations, that is, the Fundamentals of Land Surveying Examination and the Principles and Practice of Land Surveying Examination; will be required to pass the NCEES examination(s) which he/she was not required to pass to attain his/her subsequent licensure(s) except that—

   1. (A) If such person has been actively engaged in the practice of land surveying for a period of at least twenty (20) years prior to the filing of his/her application for comity, such person need not take the NCEES Fundamentals of Land Surveying Examination; or
   2. (B) An applicant has been granted a waiver of education and examination requirements pursuant to section (4) need not take the NCEES Fundamentals of Land Surveying Examination.
2. (2) Any person applying for licensure as a professional land surveyor under section 327.381, RSMo, shall take and pass the Missouri Specific Examination covering Missouri surveying practice and Missouri statutes and rules relating to the practice of land surveying.
3. (3) When a comity applicant is required to take one (1) or both of the NCEES examinations as well as the Missouri Specific Examination, the applicant will not be licensed by comity until he or she passes all of the examinations required of the applicant.

4. (4) Within six (6) months of an application for licensure by comity from a person, or within thirty (30) days of an application for licensure by comity from a nonresident or resident military spouse, who meets the following criteria, the board shall waive the requirement of passing the NCEES examination if it finds that the applicant:

   1. (A) Holds a current license as a professional land surveyor in another state, possession, or territory of the United States or the District of Columbia, and has held such license for a period of one (1) year;
   2. (B) Has not had a license as a professional land surveyor revoked by any oversight body;
   3. (C) Is not currently under investigation, is not the subject of any complaint pending, or is not currently under disciplinary action with any oversight body outside this state;
   4. (D) Holds a license in good standing with an oversight body outside the state;
   5. (E) Does not have a criminal record that would disqualify him or her for licensure in Missouri; and
   6. (F) Holds a valid current license in the jurisdiction upon which the comity application is based on the date the board receives his or her application under this section.
5. (5) The board may require an applicant relying on section (4) to disclose any disciplinary action taken against the applicant by any oversight body in any jurisdiction in the United States, and may deny waiver and defer action or deny an application until such disciplinary action is resolved.
6. (6) No waiver of education or examination requirements granted under section (4) shall relieve any applicant of the requirement to take the Missouri-specific examination mandated by 20 CSR 2030-5.120(2). Nonresident and resident military spouses applying pursuant to section 324.009.3.(2), RSMo, shall not be required to take the Missouri specific examination mandated by 20 CSR 2030- 5.120(2).

AUTHORITY: section 327.041, RSMo 2016, and section 327.381, RSMo Supp. 2020.* This rule originally filed as 4 CSR 30-4.080. Original rule filed Dec. 8, 1981, effective March 11, 1982. Amended: Filed Jan. 27, 1987, effective April 26, 1987. Rescinded and readopted: Filed Oct. 1, 2001, effective April 30, 2002. Moved to 20 CSR 2030- 4.080, effective Aug. 28, 2006. Non-substantive change filed Oct. 21, 2015, published Dec. 31, 2015. Amended: Filed March 30, 2018, effective Sept. 30, 2018. Amended: Filed Oct. 6, 2020, effective April 30, 2021. *Original authority: 327.041, RSMo 1969, amended 1981, 1986, 1989, 1993, 1995, 1999, 2001, 2010, 2014 and 327.381, RSMo 1969, amended 1981, 1999, 2001, 2014, 2020.