By: Chisum H.B. No. 1221
73R2840 JMM-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the regulation of geologists; providing a civil and
1-3 criminal penalty.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. SHORT TITLE. This Act may be cited as the
1-6 Geologist Registration Act.
1-7 SECTION 2. PURPOSE. In order to safeguard the life, health,
1-8 and property of the citizens of this state and to promote the
1-9 public welfare, the public practice of geology in this state is
1-10 declared to be subject to regulation in the public interest.
1-11 SECTION 3. DEFINITIONS. In this Act:
1-12 (1) "Board" means the Board of Registration for
1-13 Geologists.
1-14 (2) "Certified geologist" means a geologist who has
1-15 been certified by a professional geological organization, society,
1-16 or association that has certification requirements that have been
1-17 recognized by the board as provided by this Act, including the
1-18 American Association of Petroleum Geologists, the American
1-19 Institute of Professional Geologists, and the Society of
1-20 Independent Professional Earth Scientists.
1-21 (3) "Geologist" means a person qualified to engage in
1-22 the practice of geology by reason of the person's knowledge of
1-23 geology, mathematics, and the supporting physical and life
1-24 sciences, acquired through education and practical experience.
2-1 (4) "Geology" means the science of the treatment of
2-2 the earth and its origin and history, the investigation of the
2-3 earth's constituent rocks, minerals, fossil fuels, solids, and
2-4 fluids including surface and underground waters, gases, and other
2-5 materials, and the study of the natural agents, forces, and
2-6 processes that cause changes in and on the earth.
2-7 (5) "Public practice of geology" means the performance
2-8 of geological services or work including consulting, investigating,
2-9 evaluating, planning, surveying, mapping, and inspecting geological
2-10 work, and the responsible supervision of those tasks.
2-11 (6) "Registered geologist" means a geologist who has
2-12 met the academic and experience qualifications of this Act and who
2-13 has been issued a certificate of registration as a registered
2-14 geologist by the board.
2-15 (7) "Responsible charge" means the independent
2-16 control and direction of geological work or the supervision of
2-17 geological work by the use of initiative, skill, and independent
2-18 judgment.
2-19 (8) "Specialty" means a branch of geology that has
2-20 been recognized by the board for specialty certification.
2-21 (9) "Practice of specialty geology" means the
2-22 performance of geological services or work including consulting,
2-23 investigating, evaluating, planning, surveying, mapping, and
2-24 inspecting geological work and the responsible supervision of those
2-25 tasks, in the commonly recognized geologic practices of engineering
2-26 geology/geophysics, hydrogeology, and environmental
2-27 geology/geophysics.
3-1 (10) "Specialty certified geologist" means a
3-2 registered geologist who has met the academic and experience
3-3 qualifications in a specialty of geology established under this Act
3-4 and has been certified in that specialty by the board.
3-5 (11) "Subordinate" means a person who assists a
3-6 registered geologist or an exempt person in the practice of geology
3-7 without assuming the responsible charge of the work.
3-8 SECTION 4. BOARD OF REGISTRATION FOR GEOLOGISTS. (a) The
3-9 Board of Registration for Geologists is created to administer the
3-10 provisions of this Act.
3-11 (b) The board is composed of 10 members, nine of whom are
3-12 appointed by the governor with the advice and consent of the senate
3-13 and one member is the director of the Bureau of Economic Geology of
3-14 The University of Texas at Austin.
3-15 (c) Seven of the appointed members of the board must be
3-16 geologists registered under this Act, three of whom must be board
3-17 certified in a specialty of geology recognized under this Act. To
3-18 the extent possible, the composition of the appointed geologists
3-19 serving on the board must be representative of the occupational
3-20 distribution of geologists registered under this Act.
3-21 (d) Two members of the board must be members of the general
3-22 public with no family or business connection with the public
3-23 practice of geology.
3-24 (e) A member of the board must be a citizen of the United
3-25 States, must have been a resident of this state for at least three
3-26 years preceding appointment, and must be at least 25 years of age.
3-27 Members of the board appointed by the governor serve staggered
4-1 six-year terms with the terms of three members expiring February 1
4-2 of each odd-numbered year.
4-3 (f) A member of the board may not serve more than two
4-4 consecutive full terms.
4-5 SECTION 5. REMOVAL FROM BOARD. It is a ground for removal
4-6 from the board if:
4-7 (1) the member is no longer qualified for appointment
4-8 to the board;
4-9 (2) the member engages in misconduct, is determined to
4-10 be incompetent, neglects the member's official duties, or engages
4-11 in malfeasance;
4-12 (3) the member commits a felony or a violation of this
4-13 Act resulting in disciplinary action;
4-14 (4) the member fails without excuse to attend at least
4-15 half of the regularly scheduled meetings held in a calendar year
4-16 while the member is a member of the board; or
4-17 (5) other good and sufficient cause for removal
4-18 exists.
4-19 SECTION 6. OPEN MEETINGS; ADMINISTRATIVE PROCEDURE. The
4-20 board is subject to the open meetings law, Chapter 271, Acts of the
4-21 60th Legislature, Regular Session, 1967 (Article 6252-17, Vernon's
4-22 Texas Civil Statutes), and the Administrative Procedure and Texas
4-23 Register Act (Article 6252-13a, Vernon's Texas Civil Statutes).
4-24 SECTION 7. VACANCY. If a vacancy on the board occurs, the
4-25 governor shall appoint a member to fill the unexpired term.
4-26 SECTION 8. COMPENSATION. A member of the board is entitled
4-27 to a per diem as set by the legislature for each day that the
5-1 member engages in the business of the board. A member of the board
5-2 is entitled to reimbursement for transportation and other expenses
5-3 incurred in connection with the business of the board.
5-4 SECTION 9. IMMUNITY FROM CIVIL LIABILITY. A member or
5-5 former member of the board or an agent, employee, or member of an
5-6 advisory committee appointed by the board under this Act is immune
5-7 from civil liability for any act or omission that occurred in the
5-8 person's official capacity. The attorney general shall defend a
5-9 person immune under this section in an action brought against the
5-10 board or the person for an alleged act or omission by the person.
5-11 SECTION 10. MEETINGS; OFFICERS OF BOARD. (a) The board
5-12 shall hold two or more regular meetings in each calendar year. A
5-13 special meeting may be held at a time permitted by rule of the
5-14 board.
5-15 (b) The board shall elect annually from its own membership a
5-16 chair, vice-chair, and secretary-treasurer, none of whom may hold
5-17 office for more than two consecutive one-year terms. The board may
5-18 appoint an assistant secretary and other assistant officers who are
5-19 not members of the board to assist the board and exercise its
5-20 authority in carrying out its duties and responsibilities.
5-21 (c) A majority of the board constitutes a quorum.
5-22 (d) Minutes of each meeting of the board, recording the
5-23 members present and the business conducted, shall be signed and
5-24 kept by the secretary-treasurer or an assistant secretary appointed
5-25 by the board.
5-26 SECTION 11. POWERS AND DUTIES OF BOARD. (a) The board may:
5-27 (1) adopt and enforce rules consistent with this Act
6-1 and necessary for the performance of its duties;
6-2 (2) set reasonable and necessary fees to be charged
6-3 applicants and registrants under this Act; and
6-4 (3) recognize and establish specialty branches of
6-5 geologic practice, and establish qualifications, conduct
6-6 examinations, and certify specialties for qualified applicants.
6-7 (b) The board may prepare, administer, and grade oral and
6-8 written examinations required or permitted under this Act. The
6-9 board may adopt or recognize, in part or in whole, examinations
6-10 prepared, administered, or graded by other organizations, on a
6-11 regional or national basis, that the board determines appropriate
6-12 to measure the qualifications of an applicant for registration as a
6-13 geologist or in a specialty of geology if:
6-14 (1) the examination questions, the correct answers,
6-15 and an individual applicant's completed examination are available
6-16 to the board; and
6-17 (2) the board retains the authority to determine a
6-18 passing grade for registration in this state.
6-19 (c) The board shall issue and renew certificates of
6-20 registration as provided by this Act. As a condition for renewal
6-21 of a registration, the board may require, in general or in
6-22 individual cases, evidence of a renewal applicant's competence in
6-23 the practice of geology through a review of the applicant's
6-24 qualifications and experience, by requiring continuing professional
6-25 education, by conducting a reexamination on a periodic or other
6-26 basis, or by other appropriate means.
6-27 (d) The board, by rule, shall adopt a code of professional
7-1 conduct that is binding on all registrants under this Act. The
7-2 board may enforce the code by imposing sanctions as provided by
7-3 this Act.
7-4 (e) The board shall investigate all complaints of violations
7-5 of this Act as provided by this Act.
7-6 (f) The board may refuse to issue or renew or may suspend or
7-7 revoke a certificate of registration and may impose sanctions
7-8 including restrictions on the practice of a registrant or a person,
7-9 firm, or corporation practicing under this Act for a violation of
7-10 this Act or a rule adopted under this Act.
7-11 (g) The board may administer oaths and affirmations and
7-12 issue subpoenas to compel the attendance of witnesses and the
7-13 production of evidence.
7-14 (h) The board may issue cease and desist orders and seek
7-15 injunctions against a violation of this Act or a rule adopted under
7-16 this Act.
7-17 (i) The board, by rule, shall recognize the use of the
7-18 designations "Certified Professional Geologist" or "C.P.G." as used
7-19 by the American Institute of Professional Geologists, "Certified
7-20 Petroleum Geologist" or "C.P.G." as used by the American
7-21 Association of Petroleum Geologists, and "Certified Geologist" or
7-22 any similar designation used by a professional geological
7-23 organization, society, or association recognized by the board, if:
7-24 (1) the organization, society, or association's
7-25 requirements for certification are comparable to the educational
7-26 and experience requirements of this Act and are otherwise
7-27 acceptable to the board;
8-1 (2) the full name or recognized abbreviation of the
8-2 organization granting the certification is stated following or in
8-3 conjunction with the use of the designation or abbreviation; and
8-4 (3) the designation or abbreviation is not used in a
8-5 manner that is misleading or that creates an impression that the
8-6 person is licensed to practice geology before the public unless the
8-7 person is registered under this Act.
8-8 (j) The board, by rule, shall recognize the use of the
8-9 designations "geological engineer," "geological engineering,"
8-10 "geotechnical engineer," "geotechnical engineering," "hydraulic
8-11 engineer," "hydraulic engineering," or any other engineering title
8-12 by a person registered or licensed as a professional engineer in
8-13 this state as a legitimate engineering title separate from geology
8-14 or a specialty of geology.
8-15 (k) The board may enter into agreements with boards of
8-16 registration in other states and other appropriate organizations
8-17 and agencies to develop uniform standards for:
8-18 (1) the registration of geologists;
8-19 (2) accrediting educational programs;
8-20 (3) establishing reciprocity;
8-21 (4) developing regional or national examinations;
8-22 (5) evaluating applicants; and
8-23 (6) other purposes consistent with this Act.
8-24 (l) The board may appoint committees, employ personnel,
8-25 employ contractors and consultants, lease or purchase furnishings,
8-26 equipment, and supplies, lease office space, and incur other
8-27 similar expenses in connection with the administration of this Act.
9-1 SECTION 12. EXECUTIVE DIRECTOR; OFFICES. (a) The board
9-2 shall appoint an executive director, who shall be responsible for
9-3 managing the day-to-day affairs of the board, including:
9-4 (1) arranging for and supervising the necessary
9-5 support, secretarial, and clerical services;
9-6 (2) obtaining space for holding examinations,
9-7 meetings, and conferences;
9-8 (3) printing or purchasing examinations;
9-9 (4) printing and mailing forms, information, and
9-10 certificates;
9-11 (5) sending notices, collecting fees, and issuing
9-12 receipts;
9-13 (6) conducting the correspondence of the board
9-14 including replying to routine requests for information;
9-15 (7) maintaining the minutes and records of the board;
9-16 (8) keeping records of receipts and disbursements; and
9-17 (9) providing necessary investigative services.
9-18 (b) The board shall maintain an official office and address
9-19 within the city of Austin to conduct its business.
9-20 SECTION 13. RECEIPTS AND DISBURSEMENTS; FUND. (a) The
9-21 executive director shall receive, administer, and account for all
9-22 money received under this Act, and shall transfer the funds to the
9-23 state treasurer.
9-24 (b) All funds paid to the board under this Act shall be
9-25 deposited in a special fund, known as the "geologists fund." The
9-26 geologists fund shall be maintained in accordance with the
9-27 accounting procedures of, and shall be subject to audit by, the
10-1 state treasurer. Interest earned on money deposited in the
10-2 geologists fund shall be credited to the geologists fund.
10-3 (c) All expenses incurred by the board in the administration
10-4 and enforcement of this Act shall be paid from the geologists fund.
10-5 (d) The executive director shall file an annual report of
10-6 all receipts, expenditures, and fund balances with the state
10-7 treasurer.
10-8 SECTION 14. ROSTER AND SPECIALTIES LIST. (a) The board
10-9 shall maintain a roster stating the name and place of business of
10-10 each registered geologist and board-certified specialty geologist
10-11 practicing under a certificate of registration issued by the board.
10-12 Copies of the roster shall be kept on file with the board and shall
10-13 be furnished on request to a state agency, county or municipal
10-14 clerk or building official, and a registration or certificate
10-15 holder. A copy of the roster shall also be furnished to any person
10-16 on written request, subject to payment of a reasonable fee set by
10-17 the board and any applicable state taxes.
10-18 (b) The board shall maintain a list of recognized
10-19 specialties of geology in which certification is recognized by the
10-20 board under this Act and professional geological organizations,
10-21 societies, and associations recognized by the board.
10-22 (c) The board shall maintain a list of each state, territory
10-23 or possession of the United States, the District of Columbia, or
10-24 foreign country in which the requirements and qualifications for
10-25 registration are comparable to those established in this state and
10-26 with which a reciprocity agreement exists.
10-27 SECTION 15. REGISTRATION REQUIRED. (a) A person may not
11-1 practice as a geologist or engage in the practice of geology or a
11-2 specialty of geology without a certificate of registration issued
11-3 under this Act.
11-4 (b) A person may not use the term "registered geologist,"
11-5 claim to have a specialty in geology as part of a professional,
11-6 business, or commercial identification or title, or otherwise hold
11-7 out to the public that the person is qualified to practice as a
11-8 geologist or to engage in the practice of geology or a specialty of
11-9 geology unless the person is registered under this Act.
11-10 (c) A person may not prepare or supervise the preparation of
11-11 a geologic report or a geologic portion of a report required by
11-12 municipal or county ordinance, state or federal law, state agency
11-13 rule, or federal regulation that incorporates or is based on a
11-14 geologic study or geologic data unless the person is registered as
11-15 a geologist under this Act.
11-16 (d) The state or a political subdivision of the state may
11-17 not contract for geological services with a person other than a
11-18 person registered under this Act or with a business entity other
11-19 than a business entity that employs geologists registered under
11-20 this Act who shall be responsible for the geological work performed
11-21 by the business entity.
11-22 SECTION 16. APPLICATION REQUIREMENTS. (a) An applicant for
11-23 registration as a geologist, in a specialty of geology, or for
11-24 temporary or reciprocal registration must apply on a form
11-25 prescribed by the board that is signed and sworn to by the
11-26 applicant before a notary public.
11-27 (b) An application must be accompanied by the appropriate
12-1 application fee and include:
12-2 (1) information concerning the applicant's education;
12-3 (2) a detailed summary of the applicant's geologic
12-4 work experience, including work in a specialty in which the
12-5 applicant seeks certification;
12-6 (3) a signed statement that the applicant has read and
12-7 will comply with the code of professional conduct; and
12-8 (4) not fewer than five reference letters, of which
12-9 not fewer than three are from geologists having personal knowledge
12-10 of the applicant's geologic experience.
12-11 (c) An applicant must pay a fee for application,
12-12 examination, registration, and renewal of a certificate of
12-13 registration, in addition to any other fee required by the board.
12-14 SECTION 17. REGISTRATION REQUIREMENTS. To be registered as
12-15 a geologist, an applicant must:
12-16 (1) be of good moral and ethical character as attested
12-17 to by letters of reference submitted on behalf of the applicant or
12-18 as otherwise determined by the board;
12-19 (2) have graduated from a course of study in geology
12-20 or geoscience satisfactory to the board or from a program
12-21 accredited by an organization recognized by the board, of four or
12-22 more years duration including at least 30 semester or 45 quarter
12-23 hours of credit, with a major in geology or geoscience or a
12-24 geological specialty or have satisfactorily completed other
12-25 equivalent educational requirements as determined by the board;
12-26 (3) have a documented record of a minimum of four
12-27 years of satisfactory work experience in geology or a specialty of
13-1 geology obtained after completing the academic requirements of this
13-2 section that demonstrates that the applicant is qualified to
13-3 assume responsible charge for geologic work on registration as a
13-4 geologist, two years of which work experience may be required by
13-5 the board to have been gained under the supervision of a geologist
13-6 registered in this state or another state or gained under the
13-7 supervision of another person who, in the opinion of the board, is
13-8 qualified to have responsible charge of geological work;
13-9 (4) have passed an examination covering the
13-10 fundamentals and practice of geology required by the board; and
13-11 (5) meet other general or individual requirements
13-12 established by the board under this Act.
13-13 SECTION 18. REQUIREMENTS FOR SPECIALTY CERTIFICATION. An
13-14 applicant for certification in a geological specialty must meet the
13-15 following requirements in addition to meeting the requirements of
13-16 Section 17 of this Act:
13-17 (1) successful completion of 12 semester or 16 quarter
13-18 hours of advanced study in the specialty at an academic institution
13-19 acceptable to the board or completion of an equivalent amount of
13-20 professional experience acceptable to the board;
13-21 (2) have experience including a documented record of
13-22 six or more years of experience with not less than four years in
13-23 the specialty after completing the academic requirements of this
13-24 section in geologic work of a nature satisfactory to the board that
13-25 demonstrates that the applicant is qualified to assume responsible
13-26 charge of the specialty work on certification in the specialty and
13-27 not less than two years of the experience gained under the
14-1 supervision of a geologist certified in the specialty in this state
14-2 or another state or under the supervision of another person who the
14-3 board determines to be qualified to have responsible charge of
14-4 geological work in the specialty or, as an alternative to the two
14-5 years of experience under the supervision of a geologist certified
14-6 in the specialty, the board may accept three reference letters from
14-7 board certified specialty geologists in the specialty; and
14-8 (3) have passed an examination required by the board
14-9 in the specialty.
14-10 SECTION 19. QUALIFYING EXPERIENCE. The following standards
14-11 shall be applied in evaluating the experience of an applicant for
14-12 registration in the practice of geology or for a specialty
14-13 certification under Sections 17 and 18 of this Act:
14-14 (1) each year of professional practice acceptable to
14-15 the board, under the direct supervision of a geologist who is
14-16 registered in this state or in another state under requirements for
14-17 registration that are comparable to those in this Act or under the
14-18 direct supervision of a geologist who meets the educational and
14-19 experience requirements for registration but is not required to be
14-20 registered under this Act constitutes one year of professional
14-21 experience in geology;
14-22 (2) each year of professional specialty geology
14-23 practice acceptable to the board under the direct supervision of a
14-24 specialty geologist who is registered in the specialty under this
14-25 Act or who is registered or certified as a specialty geologist
14-26 under comparable requirements in another state, under a civil
14-27 engineer or geological engineer registered in this state or another
15-1 state, or under a specialty geologist who meets the educational and
15-2 experience requirements for registration but is not required to be
15-3 registered under this Act constitutes one year of practice in a
15-4 specialty in geology; and
15-5 (3) a year of experience in professional practice
15-6 acceptable to the board and acquired before September 1, 1994,
15-7 constitutes one year of experience in professional practice if the
15-8 experience:
15-9 (A) was acquired under the direct supervision of
15-10 a geologist who meets the educational and experience requirements
15-11 for registration under this Act, or is registered under comparable
15-12 requirements in another state; or
15-13 (B) would constitute the responsible charge of
15-14 professional work in geology as determined by the board.
15-15 SECTION 20. GRADUATE STUDY, RESEARCH, AND TEACHING
15-16 EXPERIENCE. (a) Each year of full-time graduate study in the
15-17 geological sciences or in a specialty of geology that is acceptable
15-18 to the board constitutes one year of professional experience in
15-19 geology or the applicable specialty of geology. No more than two
15-20 years of full-time graduate study may be accepted by the board for
15-21 professional experience for a single applicant.
15-22 (b) The board may accept geological research or teaching by
15-23 a person studying geology or a geological specialty at the college
15-24 or university level as qualifying experience if the research or
15-25 teaching, in the judgment of the board, is comparable to experience
15-26 obtained in the practice of geology or a specialty of geology.
15-27 SECTION 21. REGISTRATION WITHOUT EXAMINATION. (a) A person
16-1 holding a valid certificate of registration or license for the
16-2 practice of geology or a recognized specialty of geology issued
16-3 under the law of another state or a territory or possession of the
16-4 United States, the District of Columbia, or a foreign country, is
16-5 eligible for registration under this Act without meeting the
16-6 examination requirements of Sections 17(4) and 18(3) of this Act.
16-7 (b) The board may issue a certificate of registration to an
16-8 applicant who provides proof of registration or licensure under
16-9 requirements that the board determines to be substantially similar
16-10 to those established by this Act and who pays the required fees.
16-11 SECTION 22. TEMPORARY REGISTRATION. A person who is not a
16-12 resident of this state and does not have an established place of
16-13 business in this state who seeks to practice geology in this state
16-14 for a time not to exceed 90 days after the date of registration or
16-15 an applicant for reciprocal registration who seeks to practice
16-16 geology pending a determination on the reciprocity application may
16-17 be issued a temporary registration certificate authorizing
16-18 temporary practice in this state if the person:
16-19 (1) applies for temporary registration to the board,
16-20 provides proof of registration in another state, District of
16-21 Columbia, territory, possession, or foreign country, and pays the
16-22 required fees;
16-23 (2) agrees to comply with the signature requirements
16-24 of Section 29(b) of this Act and to affix the person's seal from
16-25 the jurisdiction where the person is registered or licensed on all
16-26 work completed while practicing under the temporary registration;
16-27 and
17-1 (3) files the required information and reports and
17-2 complies with other requirements established by the board
17-3 concerning the person's temporary practice.
17-4 SECTION 23. WAIVER OF REQUIREMENTS. (a) In an individual
17-5 case, the board may waive any of the requirements for registration
17-6 by a two-thirds vote of the entire board, except for the payment of
17-7 a required fee, on the written request of the applicant and on a
17-8 showing of good cause if the board determines that the applicant is
17-9 otherwise qualified for registration as a geologist or in a
17-10 specialty of geology.
17-11 (b) The requirements waived under this section and the basis
17-12 for the waiver must be recorded in the applicant's record and in
17-13 the proceedings of the board.
17-14 SECTION 24. DENIAL OF REGISTRATION. (a) The board may deny
17-15 registration for an applicant who fails to satisfy a requirement of
17-16 this Act or on a determination by the board that there is probable
17-17 cause to believe that an applicant has violated this Act or a
17-18 provision the registrant would be subject to in this Act or a
17-19 comparable provision in the registration law of another state.
17-20 (b) The board may not issue a certificate of registration
17-21 pending the disposition of a complaint alleging a violation in this
17-22 or another state if the board has notice of the alleged violation.
17-23 (c) An applicant who is denied registration must be notified
17-24 of the reason for denial in writing not later than the 30th day
17-25 after the date of the board's decision. Not later than the 30th
17-26 day after the date of receipt of the notice, the applicant may make
17-27 a written request for a hearing. In the absence of a request for a
18-1 hearing, the board's action is final.
18-2 SECTION 25. CONTINUING EDUCATION. To renew a registration
18-3 as a geologist or certification as a specialty geologist, an
18-4 applicant for renewal must meet the continuing education
18-5 requirements for renewal established by the board.
18-6 SECTION 26. CERTIFICATES AND SEALS. (a) The board shall
18-7 issue an appropriate certificate of registration to a registered
18-8 geologist and a specialty certification to an applicant who meets
18-9 the requirements of this Act for registration as a geologist or for
18-10 board certification in a specialty of geology on payment of the
18-11 applicable registration fee.
18-12 (b) The certificate must show the full name of the
18-13 registrant, have a serial number, and be signed by an appropriate
18-14 officer of the board under the board's seal.
18-15 (c) The issuance by the board of a certificate of
18-16 registration is prima facie evidence that while the certificate is
18-17 valid the person named on the certificate is entitled to all rights
18-18 and privileges of a registered geologist or a board-certified
18-19 specialty geologist and is entitled to practice geology as a firm
18-20 or corporation.
18-21 SECTION 27. REGISTRATION DURATION; EXPIRATION. (a) A
18-22 certificate of registration is valid for a period not to exceed
18-23 three years and expires according to a schedule established by the
18-24 board.
18-25 (b) The board shall notify each certificate holder of the
18-26 date of expiration of the person's certificate and the amount of
18-27 the fee required for renewal not later than the 60th day before the
19-1 date of expiration.
19-2 (c) On expiration, a certificate is invalid and may not be
19-3 renewed except as provided by this Act.
19-4 SECTION 28. REGISTRATION RENEWAL. (a) The board shall
19-5 renew or reissue a certificate of registration for a registrant who
19-6 before the expiration date of the certificate or within a period
19-7 not to exceed 60 days after the expiration as determined by the
19-8 board:
19-9 (1) submits the required renewal application and fee
19-10 and a penalty for late renewal if required; and
19-11 (2) meets the requirements for renewal established by
19-12 the board.
19-13 (b) The board, by rule, may establish conditions and fees
19-14 for the reissuance of certificates of registration that have
19-15 lapsed, expired, or been suspended or revoked.
19-16 (c) The board shall reissue a new certificate to replace any
19-17 certificate of registration that has been lost, destroyed, or
19-18 mutilated, subject to the rules and fees adopted by the board.
19-19 SECTION 29. REGISTRANT'S SEAL. (a) On registration, a
19-20 registrant must obtain a seal of a design established by the board
19-21 bearing the registrant's name, registration or certification
19-22 number, the words "Registered Geologist," and words that indicate
19-23 any specialty in which the individual may be certified.
19-24 (b) Geologic reports, documents, and other records as
19-25 defined by the board that are offered to the public and prepared or
19-26 issued by or under the supervision of a registered geologist or by
19-27 a subordinate under the supervision of a registered geologist must
20-1 include the full name, signature, and registration number of the
20-2 registrant who prepared the document or under whose supervision it
20-3 was prepared and an impression of the registrant's seal in
20-4 accordance with rules adopted by the board. Documents that are
20-5 required to be prepared or issued by or under the direction of a
20-6 geologist certified in a specialty must be similarly signed and
20-7 sealed.
20-8 SECTION 30. EXEMPTIONS. (a) The following activities do
20-9 not require registration under this Act:
20-10 (1) geological work performed by an employee or a
20-11 subordinate of a registrant under this Act, if the work does not
20-12 include the responsible charge of geological work and is performed
20-13 under the direct supervision of a registered geologist who is
20-14 responsible for the work;
20-15 (2) geological work performed by an officer or
20-16 employee of the United States practicing solely as such an officer
20-17 or employee;
20-18 (3) geological work performed exclusively in exploring
20-19 for and developing energy resources, base metals, precious and
20-20 nonprecious minerals, including sand, gravel, and aggregate, that
20-21 does not have a substantial impact on the public health and safety
20-22 as determined by rules adopted by the board, or require the
20-23 submission of reports or documents to public agencies as provided
20-24 by Sections 15(d) and 29(b) of this Act;
20-25 (4) geologic research conducted through an academic
20-26 institution, a state or federal governmental agency, a nonprofit
20-27 research institution, or a for-profit organization that includes
21-1 submitting a report on the research to a public agency unless the
21-2 work is covered by Section 15(d) of this Act;
21-3 (5) teaching geology or a related physical or natural
21-4 science except for teaching in a specialty of geology that affects
21-5 the public health or safety;
21-6 (6) the acquisition of engineering data involving
21-7 soil, rock, groundwater, and other earth materials, evaluating the
21-8 physical and chemical properties of soil, rock, groundwater, and
21-9 other earth materials, and using the data analysis, design, and
21-10 construction by a professional engineer registered in this state
21-11 and similar geological work performed by a person or organization
21-12 licensed or registered in a profession or occupation related to
21-13 geology if the work is permitted under the applicable licensing or
21-14 registration law and is incidental to the practice of the
21-15 profession or occupation for which the license or registration is
21-16 required;
21-17 (7) work customarily performed by a physical or
21-18 natural scientist including a chemist, an archaeologist, a
21-19 geographer, an oceanographer, a geophysicist, a pedologist, and a
21-20 soil scientist if the work does not include the design and
21-21 execution of a geologic investigation or involve the scientist
21-22 being in responsible charge of geologic or specialty geologic work
21-23 or require drawing geologic conclusions or making recommendations
21-24 that significantly affect the public health, safety, or welfare;
21-25 and
21-26 (8) testifying or preparing and presenting an exhibit
21-27 or document for the sole purpose of being placed in evidence before
22-1 an administrative or judicial tribunal or hearing, if the
22-2 testimony, exhibit, or document does not imply that the person is
22-3 registered under this Act.
22-4 (b) This Act does not permit the practice of engineering by
22-5 a geologist or a specialty geologist unless the practice is
22-6 incidental to the practice of geology or the certified specialty
22-7 and does not include the design of an engineered structure.
22-8 SECTION 31. PRACTICE OF GEOLOGY BY FIRM OR CORPORATION. (a)
22-9 A firm or corporation may not engage in the public practice of
22-10 geology or a specialty of geology, except for:
22-11 (1) geologic work performed by or under the
22-12 supervision of a geologist registered to practice geology or
22-13 certified in a specialty of geology who is in responsible charge of
22-14 the work and who signs and seals all documents as required by this
22-15 Act; and
22-16 (2) a firm or corporation the principal business of
22-17 which is the public practice of geology as determined by board rule
22-18 if a principal of the firm or an officer or director of the
22-19 corporation is registered as a geologist and has overall
22-20 supervision and control of the geological work performed in this
22-21 state.
22-22 (b) A firm or corporation permitted to engage in the public
22-23 practice of geology or a specialty of geology is subject to the
22-24 rules of the board that pertain to the practice of geology or a
22-25 specialty of geology by a firm or corporation.
22-26 (c) Except as provided by this section, a person, firm, or
22-27 corporation may not hold out to the public that the person, firm,
23-1 or corporation is a geologist, board certified in a specialty of
23-2 geology, or able to perform geological services or prepare a report
23-3 or other document that requires the signature and seal of a
23-4 registrant under Sections 15(d) and 29(b) of this Act.
23-5 SECTION 32. DISCIPLINE AND ENFORCEMENT. (a) The board may
23-6 take the following disciplinary actions:
23-7 (1) deny renewal of a certificate of registration;
23-8 (2) permanently revoke the certificate of registration
23-9 of a registration holder;
23-10 (3) suspend the certificate of registration of a
23-11 registration holder for a specified time, not to exceed three
23-12 years, to take effect immediately notwithstanding an appeal if the
23-13 board determines that the registration holder's continued practice
23-14 constitutes an imminent danger to the public health, welfare, and
23-15 safety;
23-16 (4) issue a public or private reprimand to an
23-17 applicant, a registration holder, or a person, firm, or corporation
23-18 practicing geology under this Act;
23-19 (5) impose limitations, conditions, or restrictions on
23-20 the practice of an applicant, a registration holder, or a person,
23-21 firm, or corporation practicing geology under this Act;
23-22 (6) require that a registration holder participate in
23-23 a peer review program under rules adopted by the board;
23-24 (7) require that a registration holder obtain remedial
23-25 education and training as prescribed by the board;
23-26 (8) impose probation on a registration holder
23-27 requiring regular reporting to the board;
24-1 (9) require restitution, in whole or in part, of
24-2 compensation or fees earned by a registration holder or a person,
24-3 firm, or corporation practicing geology under this Act; and
24-4 (10) impose a civil penalty not to exceed $5,000 for
24-5 each violation of this Act or a rule adopted under this Act.
24-6 (b) The board may impose appropriate sanctions for:
24-7 (1) the practice of any fraud or deceit in obtaining
24-8 certification from an organization described in Section 11(i) of
24-9 this Act or in obtaining a certificate of registration as a
24-10 geologist or in a specialty of geology;
24-11 (2) incompetency, misconduct, fraud, gross negligence,
24-12 or repeated incidents of negligence in the public practice of
24-13 geology;
24-14 (3) conviction of a felony or a crime involving moral
24-15 turpitude;
24-16 (4) the imposition of an administrative, civil, or
24-17 criminal fine, or the imposition of a sentence of imprisonment or
24-18 probation instead of a fine for a misdemeanor relating to or
24-19 arising out of the public practice of geology;
24-20 (5) the issuance of a cease and desist order or a
24-21 similar sanction relating to or arising out of the public practice
24-22 of geology;
24-23 (6) using the seal of another person or using or
24-24 allowing the use of the registration holder's seal on geologic work
24-25 not performed by or under the supervision of the registration
24-26 holder;
24-27 (7) aiding or abetting a person in the violation of
25-1 this Act;
25-2 (8) the revocation or suspension of a certificate of
25-3 registration, the denial of renewal of a certificate of
25-4 registration, or other disciplinary action taken by a state agency,
25-5 board of registration, or a similar licensing agency for geologists
25-6 or a profession or occupation related to the public practice of
25-7 geology; however, the sanction imposed by the board under this
25-8 subdivision may not exceed in severity or duration the sanction on
25-9 which the action is based;
25-10 (9) a mental or physical disability, including a
25-11 dependence on or addiction to alcohol or a legal or illegal drug,
25-12 that substantially interferes with the individual's ability to
25-13 assume the responsible charge of and responsibility for geological
25-14 work; however, a sanction imposed under this subdivision may not
25-15 violate a state or federal law relating to the rights of a person
25-16 with a disability;
25-17 (10) practicing or offering to practice geology or
25-18 holding out to the public that the person or the person's firm or
25-19 corporation is registered or qualified to practice geology when the
25-20 person is not registered under this Act or the person's firm or
25-21 corporation does not employ a registered geologist as required by
25-22 this Act;
25-23 (11) practicing or offering to practice a specialty of
25-24 geology recognized by the board or holding out to the public that
25-25 the person or the person's firm or corporation is certified in or
25-26 qualified to practice a specialty of geology when the person is not
25-27 certified in that specialty under this Act or the person's firm or
26-1 corporation does not employ a geologist certified in that specialty
26-2 to be in responsible charge of the specialty work as required by
26-3 this Act; or
26-4 (12) violating this Act, a rule adopted under this
26-5 Act, including the code of professional conduct, or a comparable
26-6 provision of the laws or rules regulating the practice of geology
26-7 in another state or country.
26-8 SECTION 33. COMPLAINTS; INVESTIGATION. (a) A person may
26-9 bring a complaint alleging a violation of this Act or a rule
26-10 adopted under this Act.
26-11 (b) The board shall investigate all complaints brought to
26-12 its attention and may employ investigators, expert witnesses, and
26-13 hearing officers, appoint advisory committees, and conduct hearings
26-14 to determine whether disciplinary or other action should be taken.
26-15 (c) A complaint must be made in writing, be sworn to by the
26-16 person making the complaint, and be filed with the board's
26-17 secretary.
26-18 (d) A person who reports or provides information to the
26-19 board in good faith is not subject to an action for civil damages.
26-20 (e) The board, on its own motion and on a finding of
26-21 probable cause following its investigation, may direct the
26-22 secretary to file a verified complaint charging a person with a
26-23 violation of this Act or a rule adopted under this Act. The board
26-24 shall hear all charges, except for a charge that the board
26-25 determines to be unfounded or unsupported by the evidence
26-26 submitted.
26-27 SECTION 34. REPORT OF DISCIPLINARY ACTION. (a) The board
27-1 shall report disciplinary actions taken by the board to appropriate
27-2 regulatory officials in this state, to any other registration or
27-3 licensing board or organization acting on behalf of a registration
27-4 or licensing board in another state, or to an appropriate state or
27-5 federal law enforcement agency if the board determines that a
27-6 violation of laws enforced by the agency receiving the report may
27-7 have occurred.
27-8 (b) The board shall report a disciplinary action taken by
27-9 the board to appropriate law enforcement authorities if the board
27-10 believes that the violation prompting the disciplinary action
27-11 constitutes a criminal offense.
27-12 (c) The records of the board's disciplinary actions may be
27-13 released by the board to a law enforcement agency or a licensing or
27-14 registration board in this state or another state on written
27-15 request.
27-16 (d) The board shall issue public notice of all suspensions
27-17 and revocations of certificates of registration, including a
27-18 suspension, surrender of a certificate, or a revocation obtained
27-19 informally or by consent, in an annual report or another
27-20 publication selected by the board. A report under this subsection
27-21 may not include an expiration or revocation of a registration based
27-22 solely on the failure of the registration holder to renew the
27-23 certificate or to pay an applicable fee.
27-24 SECTION 35. APPEAL. A person aggrieved by a final decision
27-25 or action of the board imposing a sanction under this Act may
27-26 appeal the board's decision or action in a court of competent
27-27 jurisdiction.
28-1 SECTION 36. REISSUANCE OF REGISTRATION. (a) The board may
28-2 reissue a certificate of registration that was revoked on written
28-3 application to the board made after the third anniversary of the
28-4 date of the revocation. The applicant must show good cause to
28-5 justify the reissuance of the registration.
28-6 (b) The board shall reissue a certificate of registration
28-7 that was suspended on the date the suspension period expires. The
28-8 board may impose reasonable conditions or limitations in connection
28-9 with the reissuance of a registration that has been suspended.
28-10 SECTION 37. OFFENSE. (a) A person commits an offense if
28-11 the person:
28-12 (1) practices, offers, or attempts to practice geology
28-13 or a specialty of geology without being registered as required by
28-14 this Act;
28-15 (2) uses the term "Registered Geologist", the initials
28-16 "R.G.", or claims a specialty in geology as a professional,
28-17 business, or commercial identification or title or otherwise holds
28-18 out to the public that the person is registered to practice geology
28-19 or a specialty of geology without being registered as required by
28-20 this Act;
28-21 (3) alters or revises a document, map, or other
28-22 geologic work signed or sealed by a registered geologist unless the
28-23 alteration or revision is signed and sealed by a registered
28-24 geologist;
28-25 (4) changes or alters the name or seal of another
28-26 registered geologist on any document, map, or other geologic work;
28-27 (5) impersonates a registered geologist or presents or
29-1 attempts to use the certificate of registration or the seal of
29-2 another registered geologist as the person's own certificate of
29-3 registration or seal;
29-4 (6) gives false or forged evidence to the board or to
29-5 a member of the board in an attempt to obtain a certificate of
29-6 registration;
29-7 (7) uses a seal or signs a document under a
29-8 certificate of registration that is expired or has been suspended
29-9 or revoked;
29-10 (8) manages, owns, or operates a place of business
29-11 where public geological work or specialty work that is not exempt
29-12 from registration under this Act is offered or performed for others
29-13 without the work being supervised or performed by a registered
29-14 geologist or a geologist certified in a specialty of geology;
29-15 (9) uses public geologic work performed by another
29-16 person for a purpose that violates this Act; or
29-17 (10) otherwise violates this Act or a rule adopted by
29-18 the board under this Act.
29-19 (b) An offense under this section is a Class A misdemeanor.
29-20 SECTION 38. TRANSITION. (a) An applicant who applies for
29-21 registration under this Act before September 1, 1994, may be
29-22 qualified for registration without written examination if the
29-23 applicant has:
29-24 (1) graduated from an accredited institution of higher
29-25 education acceptable to the board with a bachelor of science or
29-26 bachelor of arts or higher degree and a major in geology or
29-27 geoscience; or
30-1 (2) graduated from an accredited institution of higher
30-2 education in a four-year academic degree program other than geology
30-3 or geoscience, but has completed the required number of course
30-4 hours to qualify as a geologist or in a specialty of geology and
30-5 has experience consisting of not less than six years of
30-6 professional practice in geology acceptable to the board completed
30-7 before the date of application for registration under this section.
30-8 (b) An applicant for certification in a specialty who
30-9 applies before the first anniversary of the date the board
30-10 officially recognizes the specialty under this Act may be qualified
30-11 for certification in that specialty without written examination if
30-12 the applicant:
30-13 (1) is registered under this Act as a geologist in
30-14 this state; and
30-15 (2) has experience consisting of not less than six
30-16 years of professional practice acceptable to the board in the
30-17 applicable specialty of geology completed before the date of
30-18 application for certification in a specialty under this section.
30-19 (c) An initial member of the board who is required to be a
30-20 registered geologist must be qualified for registration or
30-21 certification under Subsections (a) and (b) of this section.
30-22 (d) The governor shall make the initial appointments to the
30-23 board before November 1, 1993. The board shall hold its first
30-24 meeting before January 1, 1994. The initial appointments to the
30-25 board shall be made as follows:
30-26 (1) three members shall be appointed for terms
30-27 expiring in 1995;
31-1 (2) three members shall be appointed for terms
31-2 expiring in 1997; and
31-3 (3) three members shall be appointed for terms
31-4 expiring in 1999.
31-5 (e) The board may use the Council of Professional Geological
31-6 Organizations, Suggested Geologist Practice Act of 1993, as a guide
31-7 in adopting rules under this Act.
31-8 (f) The board shall adopt rules under this Act not later
31-9 than November 30, 1993.
31-10 (g) A person is not required to obtain a license under this
31-11 Act until January 1, 1994.
31-12 SECTION 39. EFFECTIVE DATE. This Act takes effect September
31-13 1, 1993, except that Sections 15 and 37 take effect January 1,
31-14 1994.
31-15 SECTION 40. EMERGENCY. The importance of this legislation
31-16 and the crowded condition of the calendars in both houses create an
31-17 emergency and an imperative public necessity that the
31-18 constitutional rule requiring bills to be read on three several
31-19 days in each house be suspended, and this rule is hereby suspended.