Withdraw Seal and License

Post Reply
wbatespe
Posts: 2
Joined: Thu Jul 16, 2015 2:37 pm

Withdraw Seal and License

Post by wbatespe »

Is anyone aware of the rules for withdrawing your seal from a previously approved Tentative Tract Map, copyrighted by a former employer for reason.
E_Page
Posts: 2144
Joined: Thu Jun 23, 2005 6:49 am
Location: El Dorado County

Re: Withdraw Seal and License

Post by E_Page »

I don't think that you can. If they altered the map after you signed and sealed, that would pretty much negate the effect of your signature and seal, but you would need to show that they did alter it.

I think that you're pretty much SOL on this one. You signed and sealed the TM as an employee. As long as they paid you for the time you were there as agreed, it's a done deal. They employed you to perform certain tasks, including being in responsible charge of various projects, you agreed to the terms of employment, at least for some period of time that included the time when you signed the TM, you did the work, they paid you for the work. Employers retain ownership of the work product of employees. It's pretty cut-n-dried.
TTaylor
Posts: 261
Joined: Tue Nov 23, 2004 2:17 pm

Re: Withdraw Seal and License

Post by TTaylor »

Yikes, wbatespe,

It points out that retaining a copy of everything you sign for your own records regardless of whom you work for is a good practice.

IMO, if they altered the map in a way that changed elements of the map that were based on your professional opinion and use of your license then I would be really concerned. Why? Because the altered map may bring you into the purview of BPELSG. This is where having a copy of what you signed helps.

If they did not alter elements based on your use of your license but "augmented" the map then the person in responsible charge for those augmentations should also sign for their work. Also, if they changed only some elements of your work but retained other elements then the map should be clear who was in responsible charge of what on the map.

Take a look at Board Rule 404.2 Responsible Charge - Professional Land Surveying. The following are subsections for Portions of Projects and Successor Licencee.

(c)
Successor Licensee. In situations when the professional land surveyor or legally
authorized civil engineer in responsible charge of a land surveying project is unavailable to
complete the project, a professional land surveyor or legally authorized civil engineer
(hereinafter referred to as the “successor licensee”) may assume responsible charge of the project
as long as the successor licensee exercises the extent of control and assumes responsibility for
the surveying decisions as required by subdivision (a) and meets the criteria described in
subdivision (b), as well as meeting the requirements of the Professional Land
Surveyors’ Act and
Sections 411 and 415. Except as provided in Section 8761.2 of the Code, the original licensee is
not relieved of any responsibility arising from the land surveying services of which he or she was
in responsible charge.
(d)
Portions of Projects. Nothing in this section prohibits a professional land surveyor or
legally authorized civil engineer from providing services for portions of or to add to or to modify
a land surveying project performed under the responsible charge of another licensee as long as
the professional land surveyor or legally authorized civil engineer exercises the requisite extent
of control and assumes responsibility for the land surveying decisions as required by subdivision
(a) and meets the criteria described in sub
division (b), as well as meeting the requirements of the
Professional Land Surveyors’ Act and Sections 411 and 415. The professional land surveyor or
legally authorized civil engineer need only be in responsible charge of the portions, additions, or
modifications or the portion of the project affected by the addition or modification and not of the
entire project. Except as provided in Section 8761.2 of the Code, the original licensee is not
relieved of any responsibility arising from the land surveying services of which he or she was in
responsible charge.
enriquegill012
Posts: 6
Joined: Sun May 10, 2015 11:59 pm

Re: Withdraw Seal and License

Post by enriquegill012 »

Alteration of the map after it has been signed and sealed by you will remove the effectivity of your signature and seal, so I don't think thats possible.
Post Reply