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-IR- Database: Indiana Register

TITLE 865 STATE BOARD OF REGISTRATION FOR PROFESSIONAL SURVEYORS

Proposed Rule
LSA Document #13-334

DIGEST

Amends 865 IAC 1-1-1 to add definitions necessitated by the amendment to IC 25-21.5-5. Amends 865 IAC 1-2-1 to update the education and work experience required of a professional surveyor. Amends 865 IAC 1-2-2 to update the education and work experience required of a surveyor intern. Amends 865 IAC 1-3-2 to specify when a surveyor intern may submit an application for certification. Amends 865 IAC 1-3-3 to specify when applications are to be submitted. Amends 865 IAC 1-4-2 to provide that an applicant for the qualifying exam must meet educational and experience requirements at the time of application. Amends 865 IAC 1-4-3 to provide for computerized testing. Amends 865 IAC 1-4-4 to specify when an applicant must take the exam. Amends 865 IAC 1-4-6 to specify when an applicant may retake the qualifying exam. Amends 865 IAC 1-4-7 to set out when an application is deemed terminated. Repeals 865 IAC 1-4-8. Effective January 1, 2014.




SECTION 1. 865 IAC 1-1-1 IS AMENDED TO READ AS FOLLOWS:

865 IAC 1-1-1 Definitions; abbreviations

Authority: IC 25-21.5-2-14
Affected: IC 25-21.5

Sec. 1. The definitions in IC 25-21.5-1 and the following definitions apply throughout this title:
(1) "Applicant" means any individual whose application has been received by the board for consideration to be registered as a land professional surveyor or for enrollment as a SIT surveyor intern in the state of Indiana.
(2) "Approved land surveying curriculum", when used relative to a land professional surveyor or SIT surveyor intern applicant, means a four (4) year or more curriculum leading to a bachelor's degree in land surveying that is approved by the board.
(3) "Board" means state board of registration for land professional surveyors.
(4) "Comity" means a principle by which the board, under IC 25-21.5-7-4, licenses persons to practice land surveying on the basis of land professional surveying licenses issued by other states.
(5) "Date of registration" means the date of the certificate that was assigned by the board.
(6) "NCEES" means National Council of Examiners for Engineering and Surveying.
(6) "Land (7) "Professional surveyor" means a registered land professional surveyor.
(7) (8) "Registrant" means an individual land professional surveyor to whom a certificate of registration has been granted under IC 25-21.5.
(8) "SIT" (9) "Surveyor intern" means an enrolled land-surveyor-in-training surveyor intern as defined in IC 25-21.5-1-5. IC 25-21.5-1-9.7
(9) (10) "Valid enrollment", when used relative to SIT, surveyor intern, means that the certificate of enrollment held by the individual is current and not suspended or revoked.
(10) (11) "Work experience", when used relative to a land professional surveyor, means acceptable experience in land surveying work that conforms to IC 25-21.5-5-2.
(State Board of Registration for Professional Surveyors; Rule 1, Sec 1; filed Feb 29, 1980, 3:40 p.m.: 3 IR 626; filed Oct 17, 1986, 2:20 p.m.: 10 IR 434; filed Jun 21, 1988, 4:00 p.m.: 11 IR 3904; filed Oct 13, 1992, 5:00 p.m.: 16 IR 873; readopted filed May 22, 2001, 9:55 a.m.: 24 IR 3237; filed May 4, 2006, 1:25 p.m.: 29 IR 2998; readopted filed Nov 9, 2012, 11:26 a.m.: 20121205-IR-865120390RFA) NOTE: 864 IAC 1.1-1-1 was renumbered by Legislative Services Agency as 865 IAC 1-1-1.


SECTION 2. 865 IAC 1-2-1 IS AMENDED TO READ AS FOLLOWS:

865 IAC 1-2-1 Professional surveyors; education and work experience

Authority: IC 25-21.5-2-14

Sec. 1. (a) This section establishes the minimum education and experience requirements under IC 25-21.5-5-2 for admission to the land professional surveyor examination.

(b) Prior to January 3, 2009, the table in this subsection establishes provisions for evaluating combined education and experience to determine if it is sufficient to satisfy minimum registration requirements under IC 25-21.5-5-2 for land surveyor registration applicants. For all levels of education stated, except for no degree, the required experience must be obtained following receipt of a bachelor's degree. However, experience obtained either before or after graduation may be counted in which case the total amount of experience for each educational level stated in the table, except no degree, shall be increased by one (1) year in addition to the amount stated for the particular education level. The requirements are as follows:
Education  Minimum Years of Work Experience 
Doctorate in land surveying discipline following bachelor's degree in a board-approved land surveying curriculum  2 
Master's degree in land surveying discipline following bachelor's degree in a board-approved land surveying curriculum  3 
Bachelor's degree in a board-approved land surveying curriculum  4 
Doctorate in land surveying following a bachelor's degree that is not in a board-approved land surveying Curriculum  3 
Master's degree in land surveying following bachelor's degree that is not in a board-approved land surveying curriculum  4 
Bachelor's degree that is not in a board-approved land surveying curriculum  5 
No degree but meets the college course requirements stated in subsection (d)  6 

(c) After January 2, 2009, (b) The table in this subsection establishes provisions for evaluating combined education and experience to determine if it is sufficient to satisfy minimum registration requirements under IC 25-21.5-5-2 for land professional surveyor registration applicants. For all levels of education stated, a minimum of one-half (1/2) of the required experience must be obtained following receipt of the first degree obtained. The requirements are as follows:
Education  Minimum Years of Work Experience 
Doctorate in land surveying discipline following bachelor's degree in a board-approved land surveying curriculum 
Master's degree in land surveying discipline following bachelor's degree in a board-approved land surveying curriculum 
Bachelor's degree in a board-approved land surveying curriculum 
Doctorate in land surveying following a bachelor's degree that is not in a board-approved land surveying curriculum 
Master's degree in land surveying following bachelor's degree that is not in a board-approved land surveying curriculum 
Bachelor's degree that is not in a board-approved land surveying curriculum 
Associate degree and meets the college course requirements stated in subsection (d) (c) 

(d) (c) The education of all applicants must include the following minimum level of education:
(1) Twelve (12) semester credit hours in college level mathematics, including at least a three (3) semester credit hour course in calculus or differential equations.
(2) Five (5) semester credit hours in college level physics.
(3) Six (6) semester credit hours in any of the following college level science subjects:
(A) Chemistry.
(B) Astronomy.
(C) Physics.
(D) Geology.
(E) Botany.
(F) Dendrology.
(4) Twenty-seven (27) semester credit hours in college level land surveying courses consisting of the following:
(A) Courses in each of the following six (6) subjects totaling at least eighteen (18) semester credit hours:
(i) Land survey systems.
(ii) Property surveys.
(iii) Property descriptions, writing, and analysis.
(iv) Surveying law.
(v) Surveying calculations, including mensuration statistics.
(vi) Subdivision planning and design.
(B) Courses in at least three (3) of the following subjects totaling at least nine (9) semester credit hours:
(i) Topographic surveying.
(ii) Photogrammetric surveying.
(iii) Route surveying.
(iv) Construction surveying.
(v) Control surveying.
One (1) basic engineering course related to roads, storm drainage, and sanitary sewer extensions may be counted toward the requirements of this clause.

(e) (d) No degree requirement under this section will be satisfied by obtaining an honorary or correspondence degree.

(f) (e) College courses with a substantial duplication of content may be counted only one (1) time toward the education requirements in this section.

(g) (f) Applicants for land professional surveyor registration or land-surveyor-in-training surveyor intern certification may be required to submit detailed course descriptions of any courses for which credit is claimed.

(h) (g) Notwithstanding other provisions of this section, applicants who hold a valid land-surveyor-in-training surveyor intern certificate do not need any additional education beyond that required for admission to the land-surveyor-in-training fundamentals of surveying examination, so long as they apply for admission to the land professional surveyor examination not later than five (5) years after the first examination application deadline (as provided for in 865 IAC 1-3-3) subsequent to the date the applicant passed the land-surveyor-in-training fundamentals of surveying examination that was the basis for issuance of the land-surveyor-in-training surveyor intern certification.

(i) (h) The board may require an evaluation of foreign education to allow the board to compare an applicant's courses with the board's course requirements.

(j) (i) All land surveying experience required by subsection (b) or subsection (c) must be acquired under the supervision of:
(1) a land professional surveyor registered by the state of Indiana;
(2) a land professional surveyor registered or licensed by another state or territory of the United States; or
(3) the foreign equivalent to a registered land professional surveyor;
appropriate to where the experience was obtained.

(k) (j) No experience obtained before the applicant's eighteenth birthday shall qualify under this section.

(l) (k) At least one-half (1/2) of the required land surveying experience must be acquired in a state or territory in the United States under the supervision of a land professional surveyor registered in that state or territory.

(m) (l) The land surveying experience must:
(1) be progressive in nature; and
(2) show that the applicant has demonstrated the ability to assume continuously increasing levels of responsibility and sophistication in the land surveying activities listed in 865 IAC 1-12-3(a).

(n) (m) At least sixty percent (60%) of an applicant's land surveying experience required under subsection (b) or subsection (c) must be in the activities listed in the following:
(1) IC 25-21.5-1-7(a)(1).
(2) IC 25-21.5-1-7(a)(3) IC 25-21.5-1-7(b)(4) through IC 25-21.5-1-7(a)(5). IC 25-21.5-1-7(b)(4).

(o) (n) The board may require an applicant to provide additional information relating to the applicant's land surveying experience.
(State Board of Registration for Professional Surveyors; Rule 2, Sec 3; filed Feb 29, 1980, 3:40 p.m.: 3 IR 628; filed Oct 17, 1986, 2:20 p.m.: 10 IR 436; errata filed Mar 8, 1990, 5:00 p.m.: 13 IR 1189 voided by the attorney general filed Apr 18, 1990: 13 IR 1863; errata filed Dec 20, 1990, 5:00 p.m.: 14 IR 1071; filed Oct 13, 1992, 5:00 p.m.: 16 IR 874; filed Jun 17, 1999, 1:57 p.m.: 22 IR 3415, eff Jan 3, 2003; readopted filed May 22, 2001, 9:55 a.m.: 24 IR 3237; filed May 4, 2006, 1:25 p.m.: 29 IR 2999; readopted filed Nov 9, 2012, 11:26 a.m.: 20121205-IR-865120390RFA) NOTE: 864 IAC 1.1-2-3 was renumbered by Legislative Services Agency as 865 IAC 1-2-1.


SECTION 3. 865 IAC 1-2-2 IS AMENDED TO READ AS FOLLOWS:

865 IAC 1-2-2 Surveyor intern; education and work experience

Authority: IC 25-21.5-2-14
Affected: IC 25-21.5-5-3

Sec. 2. (a) This section establishes the minimum education and experience requirements under IC 25-21.5-5-3 for certification as a surveyor intern. The education and experience requirements of section 1 of this rule for land professional surveyor applicants apply for land-surveyor-in-training surveyor intern applicants, except that applicants with:
(1) an associate (or no degree prior to January 3, 2009) associate's degree and meeting the education requirements of section 1(d) 1(c) of this rule shall be required to obtain two (2) years of work experience;
(2) a bachelor's degree that is not in a board approved land surveying curriculum and meeting the education requirements of section 1(d) 1(c) of this rule shall be required to obtain one (1) year of work experience; and
(3) the other degrees listed in section 1(b) or 1(c) of this rule shall not be required to obtain any work experience.

(b) An applicant who is enrolled as a senior in a land surveying curriculum in a college or university that has an approved land surveying curriculum may take the last land-surveyor-in-training examination offered on the individual's campus before the applicant's scheduled graduation. This subsection does not apply to any applicant enrolled in any other bachelor's degree program.
(State Board of Registration for Professional Surveyors; Rule 2, Sec 5; filed Feb 29, 1980, 3:40 p.m.: 3 IR 628; filed Oct 17, 1986, 2:20 p.m.: 10 IR 438; errata filed Mar 8, 1990, 5:00 p.m.: 13 IR 1189 voided by the attorney general filed Apr 18, 1990: 13 IR 1863; errata filed Dec 20, 1990, 5:00 p.m.: 14 IR 1071; filed Oct 13, 1992, 5:00 p.m.: 16 IR 875; filed Jun 17, 1999, 1:57 p.m.: 22 IR 3417, eff Jan 3, 2003; readopted filed May 22, 2001, 9:55 a.m.: 24 IR 3237; filed May 4, 2006, 1:25 p.m.: 29 IR 3001; readopted filed Nov 9, 2012, 11:26 a.m.: 20121205-IR-865120390RFA) NOTE: 864 IAC 1.1-2-5 was renumbered by Legislative Services Agency as 865 IAC 1-2-2.


SECTION 4. 865 IAC 1-3-2 IS AMENDED TO READ AS FOLLOWS:

865 IAC 1-3-2 Surveyor intern; application

Authority: IC 25-21.5-2-14
Affected: IC 25-21.5

Sec. 2. (a) A student enrolled in an approved land surveying curriculum An applicant may submit the application to sit for the board seeking certification as a surveyor intern after taking and passing the land-surveyor-in-training fundamentals of surveying examination. to the designee of the board, if any, located on the student's campus.

(b) All other applicants shall submit their applications to the board's office.
(State Board of Registration for Professional Surveyors; Rule 3, Sec 3; filed Feb 29, 1980, 3:40 p.m.: 3 IR 630; filed Oct 17, 1986, 2:20 p.m.: 10 IR 439; filed Oct 13, 1992, 5:00 p.m.: 16 IR 875; readopted filed May 22, 2001, 9:55 a.m.: 24 IR 3237; filed May 4, 2006, 1:25 p.m.: 29 IR 3001; readopted filed Oct 4, 2007, 3:31 p.m.: 20071031-IR-865070064RFA; readopted filed Nov 9, 2012, 11:26 a.m.: 20121205-IR-865120390RFA) NOTE: 864 IAC 1.1-3-3 was renumbered by Legislative Services Agency as 865 IAC 1-3-2.


SECTION 5. 865 IAC 1-3-3 IS AMENDED TO READ AS FOLLOWS:

865 IAC 1-3-3 Examination applicants filing dates

Authority: IC 25-21.5-2-14

Sec. 3. (a) This section applies to admission to Parts IIA or IIB, or both, of the examination.

(a) (b) Completed examination applications including:
(1) the applicable application fee;
(2) certified copy of educational transcripts; and
(3) required references;
shall be filed with the board on or before January 1 for the April examination or July 1 for the October examination unless the principles and practice exam (Part IIA) is converted to computer based testing as described in 865 IAC 1-4-3, in which case the deadline shall be no later ninety (90) days prior to the beginning of the testing window.

(b) (c) As used in this section, the date an application is filed shall be calculated in the manner provided for in IC 4-21.5-3-1(f).
(State Board of Registration for Professional Surveyors; 865 IAC 1-3-3; filed Oct 13, 1992, 5:00 p.m.: 16 IR 876; readopted filed May 22, 2001, 9:55 a.m.: 24 IR 3237; readopted filed Oct 4, 2007, 3:31 p.m.: 20071031-IR-865070064RFA; readopted filed Nov 9, 2012, 11:26 a.m.: 20121205-IR-865120390RFA)


SECTION 6. 865 IAC 1-4-2 IS AMENDED TO READ AS FOLLOWS:

865 IAC 1-4-2 Admission to examinations

Authority: IC 25-21.5-2-14
Affected: IC 25-21.5-5

Sec. 2. The board will admit an applicant to an examination only if the applicant otherwise qualifies for the registration or certification for which application has been made as a professional surveyor, including meeting the applicable education and experience requirements established in IC 25-21.5-5 and 865 IAC 1-2.
(State Board of Registration for Professional Surveyors; 865 IAC 1-4-2; filed Jun 21, 1988, 4:00 p.m.: 11 IR 3905; filed Oct 13, 1992, 5:00 p.m.: 16 IR 876; readopted filed May 22, 2001, 9:55 a.m.: 24 IR 3237; readopted filed Oct 4, 2007, 3:31 p.m.: 20071031-IR-865070064RFA; readopted filed Nov 9, 2012, 11:26 a.m.: 20121205-IR-865120390RFA) NOTE: 864 IAC 1.1-4.1-2 was renumbered by Legislative Services Agency as 865 IAC 1-4-2.


SECTION 7. 865 IAC 1-4-3 IS AMENDED TO READ AS FOLLOWS:

865 IAC 1-4-3 Content of surveying examinations; scheduling of examinations

Authority: IC 25-21.5-2-14
Affected: IC 25-21.5-6-1

Sec. 3. (a) The examination for registration as a land professional surveyor shall consist of two (2) parts as described in IC 25-21.5-6-1. Part I shall be known as the basic disciplines fundamentals of land surveying examination. Part II shall be:
(1) known as the principles and practice examination; and
(2) divided into two (2) sections.
Section A shall consist of matters concerning principles and practice except for laws applicable to land surveying specific to Indiana. Section B shall concern laws applicable to land surveying specific to Indiana. In order to be granted registration as a land professional surveyor, the applicant must pass Part I, Part IIA, and Part IIB.

(b) The examination for certification as a land-surveyor-in-training surveyor intern shall be the basic disciplines fundamentals of surveying examination described in subsection (a).

(c) The fundamentals of surveying examination will be a computer based test that will be given during testing windows as scheduled by NCEES or a testing administrator determined by the board. An eligible applicant may schedule for the examination at a testing center any time during a testing window as space is available. An applicant may not take the examination more than once in a testing window, or even if readmitted under section 7(b) of this rule, more than three (3) times in a twelve (12) month period.

(c) Regularly scheduled examinations (d) Until it becomes available as a computer based test, the principles and practice of surveying examination will be held given twice each year, normally in April and October. each year.

(e) Once it becomes available as a computer based test, the principles and practice of surveying examination will be given in the same manner provided for the fundamentals of surveying examination in subsection (c).
(State Board of Registration for Professional Surveyors; 865 IAC 1-4-3; filed Jun 21, 1988, 4:00 p.m.: 11 IR 3906; filed Jul 24, 1989, 5:00 p.m.: 12 IR 2284; filed Oct 13, 1992, 5:00 p.m.: 16 IR 876; readopted filed May 22, 2001, 9:55 a.m.: 24 IR 3237; filed May 4, 2006, 1:25 p.m.: 29 IR 3002; readopted filed Oct 4, 2007, 3:31 p.m.: 20071031-IR-865070064RFA; readopted filed Nov 9, 2012, 11:26 a.m.: 20121205-IR-865120390RFA) NOTE: 864 IAC 1.1-4.1-4 was renumbered by Legislative Services Agency as 865 IAC 1-4-3.


SECTION 8. 865 IAC 1-4-4 IS AMENDED TO READ AS FOLLOWS:

865 IAC 1-4-4 Notice of examination; failure to sit

Authority: IC 25-21.5-2-14
Affected: IC 25-21.5-6-1

Sec. 4. (a) If admission to an examination is granted, those parts of the examination which that the applicant will be required to take and pass will be stated on a notice sent to the applicant.

(b) An applicant who has received the notice described in subsection (a) and that notice provides for taking the fundamentals of surveying examination must take either the fundamentals of surveying examination to which admission was granted or one (1) of the next two (2) examinations thereafter. If the applicant fails to sit for at least one (1) of the three (3) examinations, the application for the registration or certification being sought shall be deemed terminated and, if the applicant thereafter desires to seek the registration or certification for which application had been made, a new application must be filed with, and approved by, the board. no later than the end of the second full testing window after issuance of the notice.

(c) An applicant who has received the notice described in subsection (a) and that notice does not provide for taking the fundamentals of surveying examination must take the examination to which admission was granted or one (1) of the two (2) examinations immediately thereafter. Unless the principles and practice exam (Part IIA) is converted to computer based testing as described in section 3 of this rule, in which case the examination must be taken by the end of the testing window in effect one (1) year after issuance of the notice.

(d) If the applicant fails to sit for an examination by the deadline provided in subsection (b) or (c), the application for the registration being sought shall be deemed terminated and, if the applicant thereafter desires to seek the registration or certification for which application had been made, a new application must be filed with, and approved by, the board.
(State Board of Registration for Professional Surveyors; 865 IAC 1-4-4; filed Jun 21, 1988, 4:00 p.m.: 11 IR 3906; filed Jul 24, 1989, 5:00 p.m.: 12 IR 2284; filed Nov 15, 1990, 1:35 p.m.: 14 IR 757; readopted filed May 22, 2001, 9:55 a.m.: 24 IR 3237; readopted filed Oct 4, 2007, 3:31 p.m.: 20071031-IR-865070064RFA; readopted filed Nov 9, 2012, 11:26 a.m.: 20121205-IR-865120390RFA) NOTE: 864 IAC 1.1-4.1-5 was renumbered by Legislative Services Agency as 865 IAC 1-4-4.


SECTION 9. 865 IAC 1-4-6 IS AMENDED TO READ AS FOLLOWS:

865 IAC 1-4-6 Examination attempts for registration as a professional surveyor

Authority: IC 25-21.5-2-14
Affected: IC 25-21.5

Sec. 6. (a) This section and section 7 of this rule apply to the examination for registration as a land professional surveyor.

(b) An applicant who does not pass the entire examination in the first attempt shall be entitled to take it two (2) additional times provided that both of the applicant's additional examinations are taken no later than the fourth regularly scheduled examination eighth testing window after the failure of the first examination.

(c) An applicant who passes one (1) or two (2) parts of the land surveyor examination:
(1) Part I;
(2) Part IIA; or
(3) Part IIB;
in any prior taking of the examination allowed under subsection (b), shall not be required to again take and pass that part or those parts in the remaining examination attempts allowed by subsection (b).

(d) Upon exhaustion of all of the examination attempts allowed under subsection (b), the application shall be deemed terminated.
(State Board of Registration for Professional Surveyors; 865 IAC 1-4-6; filed Jun 21, 1988, 4:00 p.m.: 11 IR 3906; filed Jul 24, 1989, 5:00 p.m.: 12 IR 2284; filed Oct 13, 1992, 5:00 p.m.: 16 IR 877; filed May 4, 2001, 11:10 a.m.: 24 IR 2696, eff Jul 1, 2001; readopted filed May 22, 2001, 9:55 a.m.: 24 IR 3237; filed May 4, 2006, 1:25 p.m.: 29 IR 3002; readopted filed Oct 4, 2007, 3:31 p.m.: 20071031-IR-865070064RFA; readopted filed Nov 9, 2012, 11:26 a.m.: 20121205-IR-865120390RFA) NOTE: 864 IAC 1.1-4.1-7 was renumbered by Legislative Services Agency as 865 IAC 1-4-6.


SECTION 10. 865 IAC 1-4-7 IS AMENDED TO READ AS FOLLOWS:

865 IAC 1-4-7 Terminated applications; reapplication for admission, qualifications

Authority: IC 25-21.5-2-14
Affected: IC 25-21.5-5-2

Sec. 7. (a) An individual whose application has been deemed terminated under section 6(d) of this rule may reapply for admission to the examination.

(b) If the applicant took, but did not pass, any part of the examination within the three (3) attempts allowed under section 6 of this rule, in order for readmission to be granted, the applicant must have completed the following:
(1) Since the termination of the application, nine (9) or more semester hours credit (or its equivalent) of college level courses in land surveying.
(2) Appropriate experience of the type required under IC 25-21.5-5-2 for the period of at least three (3) years after termination but before the filing of the reapplication.

(c) An applicant who is readmitted to an examination under this section shall be treated as if the applicant had not previously taken the examination for all purposes under sections 4 and 6 of this rule. However, if the applicant has previously passed Part I of the land surveyor examination, the applicant shall not be required to retake Part I.
(State Board of Registration for Professional Surveyors; 865 IAC 1-4-7; filed Jun 21, 1988, 4:00 p.m.: 11 IR 3907; errata filed Feb 5, 1990, 4:15 p.m.: 13 IR 1066; filed Nov 15, 1990, 1:35 p.m.: 14 IR 757; filed Oct 13, 1992, 5:00 p.m.: 16 IR 877; filed May 4, 2001, 11:10 a.m.: 24 IR 2696, eff Jul 1, 2001; readopted filed May 22, 2001, 9:55 a.m.: 24 IR 3237; filed May 4, 2006, 1:25 p.m.: 29 IR 3002; readopted filed Oct 4, 2007, 3:31 p.m.: 20071031-IR-865070064RFA; readopted filed Nov 9, 2012, 11:26 a.m.: 20121205-IR-865120390RFA) NOTE: 864 IAC 1.1-4.1-8 was renumbered by Legislative Services Agency as 865 IAC 1-4-7.


SECTION 11. 865 IAC 1-4-8 IS REPEALED.

SECTION 12. SECTIONS 1 through 11 of this document take effect January 1, 2014.


Posted: 10/02/2013 by Legislative Services Agency

DIN: 20131002-IR-865130334PRA
Composed: Jul 29,2014 5:41:20PM EDT
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