<?xml version='1.0' encoding='utf-8'?>
<regulation prefix="Regulation" num=".12" citation="COMAR 09.13.06.12" title_num="09" subtitle_num="13" chapter_num="06" heading="Business Practices.">
  <paragraph num="A.">
    <text>Before undertaking the performance of professional services for which payment or other consideration is expected, a surveyor or a duly authorized agent of the surveyor shall discuss at least the following with the requesting party:</text>
    <paragraph num="(1)">
      <text>The type of survey required;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>The limits to be surveyed;</text>
    </paragraph>
    <paragraph num="(3)">
      <text>The specific survey services to be provided;</text>
    </paragraph>
    <paragraph num="(4)">
      <text>An approximate completion time schedule; and</text>
    </paragraph>
    <paragraph num="(5)">
      <text>An agreement for payment.</text>
    </paragraph>
  </paragraph>
  <paragraph num="B.">
    <text>For mutual protection, it is encouraged that a written agreement be executed by both parties. The agreement may be in the form of a memorandum, services letter, confirmation of work ordered, or any other mutually acceptable form. The agreement may also establish the extent and limitations of the surveyor's responsibilities.</text>
  </paragraph>
  <paragraph num="C.">
    <text>If previously unknown factors are discovered during work that significantly affects either cost or completion schedule, the surveyor shall immediately notify the party responsible for the payment of the cost of the surveying services.</text>
  </paragraph>
  <paragraph num="D.">
    <text>The surveyor shall make a reasonable effort to maintain adequate records, including names or initials of all personnel, dates of service, references to field data, such as book number, loose-leaf pages, and other relevant data.</text>
  </paragraph>
  <paragraph num="E.">
    <text>A licensee may not sign or seal surveys, plats, drawings, certificates, or other professional documents unless the licensee personally prepared the documents or the documents were prepared under the licensee's responsible charge.</text>
  </paragraph>
  <paragraph num="F.">
    <text>Licensee In Responsible Charge. A licensee shall be considered to be in responsible charge within the meaning of Business Occupations and Professions Article, §15-101(n), Annotated Code of Maryland, if the licensee:</text>
    <paragraph num="(1)">
      <text>Has authority to make necessary revisions to surveying documents during their preparation by the licensee's employees or other subordinates;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Provides a detailed review and personal inspection of surveying documents; and</text>
    </paragraph>
    <paragraph num="(3)">
      <text>Has authority to direct the surveying tasks and provides actual direction of the specific surveying tasks performed.</text>
    </paragraph>
  </paragraph>
  <paragraph num="G.">
    <text>A licensee in responsible charge shall be readily available to the licensee's employees or other subordinates on a reasonable basis to provide personal direction and direct control, as necessary and appropriate.</text>
  </paragraph>
  <paragraph num="H.">
    <text>By signing and sealing surveying documents, a licensee assumes full responsibility for the preparation of the surveying documents described in this chapter and for the accuracy and adequacy of the surveying work reflected in the documents.</text>
  </paragraph>
  <paragraph num="I.">
    <text>When signing and sealing surveying documents, a licensee shall indicate the license expiration date on the documents before submitting them in accordance with requirements set forth in Business Occupations and Professions Article, §15-502(a), Annotated Code of Maryland, and shall contain the following statement: “Professional Certification. I hereby declare that these documents were prepared or approved by me or under my responsible charge, and that I am a duly licensed land surveyor under the laws of the State of Maryland, License No._____, and License Expiration Date: _______________.”</text>
  </paragraph>
  <paragraph num="J.">
    <text>Types of Signatures.</text>
    <paragraph num="(1)">
      <text>A surveyor may sign surveying documents by one of the following methods:</text>
      <paragraph num="(a)">
        <text>A handwritten signature in permanent ink containing the name of person who applied it; or</text>
      </paragraph>
      <paragraph num="(b)">
        <text>For electronic or digital documents, an electronic authentication process attached to or logically associated with the document.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(2)">
      <text>A digital signature described in §J(1)(b) of this regulation shall satisfy the following criteria:</text>
      <paragraph num="(a)">
        <text>It must contain an identification unique to a licensee using it, such as the licensee’s name and license number;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>It must be under the exclusive control of the licensee using it;</text>
      </paragraph>
      <paragraph num="(c)">
        <text>It must be verifiable; and</text>
      </paragraph>
      <paragraph num="(d)">
        <text>It must be linked to the document in such a manner that any subsequent modifications to the document after the digital signature is appended to it will result in the document no longer being prepared or approved by the licensee.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(3)">
      <text>Nothing in this regulation is intended to modify any of the requirements set forth in §I of this regulation.</text>
    </paragraph>
  </paragraph>
</regulation>