NY Educ L § 7212 (2021)
2021 New York Laws EDN - Education Title 8 - The Professions Article 145 - Engineering, Land Surveying and Geology 7212 - Mandatory Continuing Education for Land Surveyors.

* §  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 January 1, 2022