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The Certification of Authorization in
T h e C e r t i fi c a t ion of A ut h or i z a t ion in

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By Scott Allen, LS
Member, NYSAPLS Ethical Practices Committee
I am not an attorney, and this article is not and controlled by licensed professionals and professional service corporations obtain a
intended to convey legal advice. But those of us are legally permitted to practice. COA’s are COA. If your company advertises land surveying
who serve on your NYSAPLS Ethical Practices issued by the NYS Education Department’s services and does not have a current COA to
Committee (EPC) often receive complaints Office of the Professions and must be renewed practice land surveying, and you continue to
about certain business entities practicing land by your company every three years. This is a practice any facet of land surveying while
surveying without proper legal authorization. separate requirement from individual licensure working for that company, you are in violation
This article will discuss the requirement to as a land surveyor. The COA creates an official of 8 CRR-NY 59.10. Most firms that practice
maintain a Certificate of Authorization (COA) record tying the business name to specific land surveying are acutely aware of this
from the New York State Education Department’s licensed professionals responsible for the requirement and faithfully abide by all New
Office of the Professions. If you run your firm’s work. If there’s a complaint, disciplinary York State laws and regulations. However, the
business as a “sole proprietor” (meaning you action, or liability claim, the Office of EPC has received several complaints over the
check the box on your W-9 form that says the Professions will know exactly who last several years involving individuals or
“Individual/sole proprietor”) then obtaining a is accountable for the work. Individual entities not in compliance. If the situation
COA is optional, unless you want your business licensure authorizes you, personally, to practice involves a member of NYSAPLS, we will
name registered with the New York Department your profession. A COA authorizes a business promptly notify you and request that you come
of State. However, all practicing land surveyors entity to offer land surveying services. into compliance. If the situation involves a
must maintain a registration certificate. A When the EPC receives a complaint from a non-member, we will promptly notify the Office
registration certificate is different from a COA. of the Professions. For those firms in violation,
We wrote about keeping your personal member of the public, one of the first things we the EPC urges them to consider the impact of
registration certificate up to date in an article on do is check to see if the alleged violator is duly this illegal practice, not only to their personal
page 17 of the January/February 2020 issue of registered to practice. To see if your company reputation but to the reputation of our
the Empire State Surveyor . is duly registered, go here https://eservices. profession as a whole.
1
nysed.gov/professions/verification-search.
But for those of you who work for a company Make sure the word “CURRENT” is shown next For more information about Certificates of
2
or have an ownership interest in a company to the word “Status”. Authorization in New York State, visit https://
that performs or offers to perform land www.op.nysed.gov/land-surveying or contact:
surveying services in New York State, then your COA’s expire every three years. So, what if New York State Education Department
company is required to file and maintain a COA your company didn’t register, or forgot to re- Division of Professional Licensing Services
to practice land surveying. The purpose of the register? Title 8 of the New York Codes, Rules Professional Corporations Unit
certificate is to ensure that entities providing and Regulations, Section 59.10 (8 CRR- 89 Washington Avenue
these professional services are properly owned NY-59.10) contains the requirement for Albany, NY 12234-1000
Phone: 518-474-3817 ext. 400
Also, be sure to check out our upcoming
webinar on October 3, 2025 at 8:30am
with Attorney James E. Robinson who will
be discussing the legal aspects and
responsibilities of survey business entities.
See page 25 for more details.

Endnotes

1. See https://cdn.ymaws.com/www.
nysapls.org/resource/resmgr/ess_digital_
copies/ESS_01-2020.pdf
2. For the purposes of this article, a
company is defined as a Professional
Corporation (PC), a Design Professional
Corporation (DPC), a Professional
Limited Liability Companies (PLLC), or
a special grandfathered Corporation.
EMPIRE STATE SURVEYOR / VOL. 61 • NO 5 / 2025 • SEPTEMBER/OCTOBER 23