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.