§ 13-309. Substitute warrant; extension of time

   (a) Substitute warrant. --

   (1) If the surveyor to whom a warrant is directed is unable or unwilling to perform the duties set out in the warrant, the applicant may request the Commissioner in writing for issuance of a substitute warrant to another surveyor chosen by the applicant. The request shall set forth in detail the reasons for requesting the substitute warrant.

   (2) On receipt of the request, the Commissioner may issue a substitute warrant to the successor surveyor. If notice of the original warrant was published under § 13-308 of this subtitle, further publication is not required.

   (3) The issuance of a substitute warrant does not extend the time for filing the certificate of survey. However, a request for extension may be filed under subsection (b) of this section.

(b) Extension of time for return. --

   (1) If the surveyor to whom an original or substitute warrant is directed is able and willing to perform the duties set out in the warrant but is unable to return his certificate in the time otherwise required by this subtitle, the applicant or the surveyor may request the Commissioner in writing for an extension of that time. The request shall set forth in detail the reasons for requesting the extension.

   (2) On receipt of the request, the Commissioner:

      (i) May extend the time for the return of the certificate; and

      (ii) Shall advise the applicant, the surveyor, and each objector in writing of his decision and the period of any extension granted.

HISTORY: 1976, ch. 915, § 3.