73R9206 SMH-F
          By Chisum                                             H.B. No. 1221
          Substitute the following for H.B. No. 1221:
          By ____________________                           C.S.H.B. No. 1221
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the regulation of geologists and geophysicists;
    1-3  providing a civil and 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 and Geophysicist Registration Act.
    1-7        SECTION 2.  PURPOSE.  In order to safeguard the life, health,
    1-8  and property of the citizens of this state, to promote the public
    1-9  welfare, and to protect the environment, the public practice of
   1-10  geology and geophysics in this state is declared to be subject to
   1-11  regulation in the public interest.
   1-12        SECTION 3.  DEFINITIONS.  In this Act:
   1-13              (1)  "Board" means the Board of Registration for
   1-14  Geologists and Geophysicists.
   1-15              (2)  "Board certified specialty geologist" means a
   1-16  registered geologist who has met the academic and experience
   1-17  qualifications in a specialty of geology established under this Act
   1-18  and has been certified in that specialty by the board.
   1-19              (3)  "Board certified specialty geophysicist" means a
   1-20  registered geophysicist who has met the academic and experience
   1-21  qualifications in a specialty of geophysics established under this
   1-22  Act and has been certified in that specialty by the board.
   1-23              (4)  "Certified geologist" means a geologist who has
    2-1  been certified by a professional geological organization, society,
    2-2  or association that has certification requirements that have been
    2-3  recognized by the board as provided by this Act, including the
    2-4  American Association of Petroleum Geologists, the American
    2-5  Institute of Professional Geologists, and the Society of
    2-6  Independent Professional Earth Scientists.
    2-7              (5)  "Certified geophysicist" means a geophysicist who
    2-8  has been certified by a professional geophysical organization,
    2-9  society, or association that has certification requirements that
   2-10  have been recognized by the board.
   2-11              (6)  "Geological subordinate" means a person who
   2-12  assists in the practice of geology or an exempt person in the
   2-13  practice of geology without assuming the responsible charge of the
   2-14  work.
   2-15              (7)  "Geologist" means a person qualified to engage in
   2-16  the practice of geology by reason of the person's knowledge of
   2-17  geology, mathematics, and the supporting physical and life
   2-18  sciences, acquired through  education and practical experience.
   2-19              (8)  "Geology" means the science of the treatment of
   2-20  the earth and its origin and history, the investigation of the
   2-21  earth's constituent rocks, minerals, fossil fuels, solids, and
   2-22  fluids including surface and underground waters, gases, and other
   2-23  materials, and the study of the natural agents, forces, and
   2-24  processes that cause changes in and on the earth.
   2-25              (9)  "Geophysical subordinate" means a person who
    3-1  assists in the practice of geophysics or an exempt person in the
    3-2  practice of geophysics without assuming the responsible charge of
    3-3  the work.
    3-4              (10)  "Geophysicist" means a person qualified to engage
    3-5  in the practice of geophysics by reason of the person's knowledge
    3-6  of geophysics, mathematics, physics, and the supporting physical
    3-7  and life sciences, acquired through education and practical
    3-8  experience.
    3-9              (11)  "Geophysics" means the science of the study of
   3-10  the physical earth by means of measuring its natural and induced
   3-11  fields of force, including electricity, gravity, and magnetism, and
   3-12  its responses to natural and induced energy and the interpretation
   3-13  of these measurements, and relating these measurements to the
   3-14  physics of the earth.
   3-15              (12)  "Public practice of geology" means the
   3-16  performance before the public of geological services or work
   3-17  including consulting, investigating, evaluating, planning,
   3-18  surveying, mapping, and inspecting geological work, and the
   3-19  responsible supervision of those tasks.
   3-20              (13)  "Public practice of geophysics" means the
   3-21  performance before the public of geophysical services or work,
   3-22  including consulting, investigating, evaluating, planning,
   3-23  surveying, mapping, and inspecting geophysical work, and the
   3-24  responsible supervision of those tasks.
   3-25              (14)  "Registered geologist" means a geologist who has
    4-1  met the academic and experience qualifications of this Act and who
    4-2  has been issued a certificate of registration as a registered
    4-3  geologist by the board.
    4-4              (15)  "Registered geophysicist" means a geophysicist
    4-5  who has met the academic and experience requirements of this Act
    4-6  and who has been issued a certificate of registration as a
    4-7  registered geophysicist by the board.
    4-8              (16)  "Responsible charge"  means the independent
    4-9  control and direction of geological or geophysical work or the
   4-10  supervision of geological or geophysical work by the use of
   4-11  initiative, skill, and independent judgment.
   4-12              (17)  "Specialty" means a branch of geology or
   4-13  geophysics that has been recognized by the board for specialty
   4-14  certification.
   4-15              (18)  "Practice of specialty geology" means the
   4-16  performance before the public of geological services or work
   4-17  including consulting, investigating, evaluating, planning,
   4-18  surveying, mapping, and inspecting geological work and the
   4-19  responsible supervision of those tasks in the commonly recognized
   4-20  geologic practices of engineering geology, hydrogeology, and
   4-21  environmental geology.
   4-22              (19)  "Practice of specialty geophysics" means the
   4-23  performance before the public of geophysical services or work
   4-24  including consulting, investigating, evaluating, planning,
   4-25  surveying, mapping, and inspecting geophysical work and the
    5-1  responsible supervision of those tasks in the commonly recognized
    5-2  geophysical practices of engineering geophysics, ground water
    5-3  geophysics, and environmental geophysics.
    5-4        SECTION 4.  BOARD OF REGISTRATION FOR GEOLOGISTS AND
    5-5  GEOPHYSICISTS.  (a)  The Board of Registration for Geologists and
    5-6  Geophysicists is created to administer the provisions of this Act.
    5-7        (b)  The board is composed of 10 members, nine of whom are
    5-8  appointed by the governor with the advice and consent of the senate
    5-9  and one of whom is a permanent member and is the director of the
   5-10  Bureau of Economic Geology of The University of Texas at Austin.
   5-11        (c)  Five of the appointed members of the board must be
   5-12  geologists registered under this Act, two of whom must be board
   5-13  certified in a specialty of geology recognized under this Act.  Two
   5-14  of the appointed members of the board must be geophysicists
   5-15  registered under this Act, one of whom must be board certified in a
   5-16  specialty of geophysics recognized under this Act.  To the extent
   5-17  possible, the composition of the appointed geologists and
   5-18  geophysicists serving on the board must be representative of the
   5-19  occupational distribution of geologists and geophysicists
   5-20  registered under this Act.
   5-21        (d)  Two members of the board must be members of the general
   5-22  public with no family or business connection with the practice of
   5-23  geology or geophysics.
   5-24        (e)  A member of the board must be a citizen of the United
   5-25  States, must have been a resident of this state for at least three
    6-1  years preceding appointment, and must be at least 25 years of age.
    6-2  Members of the board appointed by the governor serve staggered
    6-3  six-year terms with the terms of three members expiring February 1
    6-4  of each odd-numbered year.
    6-5        (f)  An appointed member of the board may not serve more than
    6-6  two consecutive full terms.
    6-7        SECTION 5.  REMOVAL FROM BOARD.  It is a ground for removal
    6-8  from the board if:
    6-9              (1)  the member is no longer qualified for appointment
   6-10  to the board;
   6-11              (2)  the member engages in misconduct, is determined to
   6-12  be incompetent, neglects the member's official duties, or engages
   6-13  in malfeasance;
   6-14              (3)  the member commits a felony or a violation of this
   6-15  Act resulting in disciplinary action;
   6-16              (4)  the member fails without excuse to attend at least
   6-17  half of the regularly scheduled meetings held in a calendar year
   6-18  while the member is a member of the board; or
   6-19              (5)  other good and sufficient cause for removal
   6-20  exists.
   6-21        SECTION 6.  OPEN MEETINGS; ADMINISTRATIVE PROCEDURE.  The
   6-22  board is subject to the open meetings law, Chapter 271, Acts of the
   6-23  60th Legislature, Regular Session, 1967 (Article 6252-17, Vernon's
   6-24  Texas Civil Statutes) and its subsequent amendments, and the
   6-25  Administrative Procedure and Texas Register Act (Article 6252-13a,
    7-1  Vernon's Texas Civil Statutes) and its subsequent amendments.
    7-2        SECTION 7.  VACANCY.  If a vacancy on the board occurs, the
    7-3  governor shall appoint a member to fill the unexpired term as
    7-4  provided by this Act.
    7-5        SECTION 8.  COMPENSATION.  A member of the board is entitled
    7-6  to a per diem as set by the legislature for each day that the
    7-7  member engages in the business of the board.  A member of the board
    7-8  is entitled to reimbursement for transportation and other expenses
    7-9  incurred in connection with the business of the board.
   7-10        SECTION 9.  IMMUNITY FROM CIVIL LIABILITY.  A member or
   7-11  former member of the board or an agent, employee, or member of an
   7-12  advisory committee appointed by the board under this Act is immune
   7-13  from civil liability for any act or omission that occurred in the
   7-14  person's official capacity.  The attorney general shall defend a
   7-15  person immune under this section in an action brought against the
   7-16  board or the person for an alleged act or omission by the person.
   7-17        SECTION 10.  MEETINGS; OFFICERS OF BOARD.  (a)  The board
   7-18  shall hold two or more regular meetings in each calendar year.  A
   7-19  special meeting may be held at a time permitted by rule of the
   7-20  board.
   7-21        (b)  The board shall elect annually from its own membership a
   7-22  chair, vice-chair, and secretary-treasurer, none of whom may hold
   7-23  office for more than two consecutive one-year terms.  The board may
   7-24  appoint an assistant secretary and other assistant officers who are
   7-25  not members of the board to assist the board and exercise its
    8-1  authority in carrying out its duties and responsibilities.
    8-2        (c)  A majority of the board constitutes a quorum.
    8-3        (d)  Minutes of each meeting of the board, recording the
    8-4  members present and the business conducted, shall be signed and
    8-5  kept by the secretary-treasurer or an assistant secretary appointed
    8-6  by the board.
    8-7        SECTION 11.  POWERS AND DUTIES OF BOARD.  (a)  The board may:
    8-8              (1)  adopt and enforce rules consistent with this Act
    8-9  and necessary for the performance of its duties;
   8-10              (2)  set reasonable and necessary fees to be charged
   8-11  applicants and registrants under this Act; and
   8-12              (3)  recognize and establish specialty branches of
   8-13  geologic and geophysical practice, and establish qualifications,
   8-14  conduct examinations, and certify specialties for qualified
   8-15  applicants.
   8-16        (b)  The board may prepare, administer, and grade oral and
   8-17  written examinations required or permitted under this Act.  The
   8-18  board may adopt or recognize, in part or in whole, examinations
   8-19  prepared, administered, or graded by other organizations, on a
   8-20  regional or national basis, that the board determines appropriate
   8-21  to measure the qualifications of an applicant for registration as a
   8-22  geologist or geophysicist or in a specialty of geology or
   8-23  geophysics if:
   8-24              (1)  the examination questions, the correct answers,
   8-25  and an individual applicant's completed examination are available
    9-1  to the board; and
    9-2              (2)  the board retains the authority to determine a
    9-3  passing grade for registration in this state.
    9-4        (c)  The board shall issue and renew certificates of
    9-5  registration as provided by this Act.  As a condition for renewal
    9-6  of a registration, the board may require, in general or in
    9-7  individual cases, evidence of a renewal applicant's competence in
    9-8  the practice of geology or geophysics through a review of the
    9-9  applicant's qualifications and experience, by requiring continuing
   9-10  professional education, by conducting a reexamination on a periodic
   9-11  or other basis, or by other appropriate means.
   9-12        (d)  The board, by rule, shall adopt a code of professional
   9-13  conduct that is binding on all registrants under this Act.  The
   9-14  board may enforce the code by imposing sanctions as provided by
   9-15  this Act.
   9-16        (e)  The board shall investigate all complaints of violations
   9-17  of this Act as provided by this Act.
   9-18        (f)  The board may refuse to issue or renew or may suspend or
   9-19  revoke a certificate of registration and may impose sanctions
   9-20  including restrictions on the practice of a registrant or a person,
   9-21  firm, or corporation practicing under this Act for a violation of
   9-22  this Act or a rule adopted under this Act.
   9-23        (g)  The board may administer oaths and affirmations and
   9-24  issue subpoenas to compel the attendance of witnesses and the
   9-25  production of evidence.
   10-1        (h)  The board may issue cease and desist orders and seek
   10-2  injunctions against a violation of this Act or a rule adopted under
   10-3  this Act.
   10-4        (i)  The board, by rule, shall recognize the use of the
   10-5  designations "Certified Professional Geologist" or "C.P.G." as used
   10-6  by the American Institute of Professional Geologists, "Certified
   10-7  Petroleum Geologist" or "C.P.G." as used by the American
   10-8  Association of Petroleum Geologists, and the use of the designation
   10-9  "Certified Geologist" or "Certified Geophysicist" or any similar
  10-10  designation used by a professional geological or geophysical
  10-11  organization, society, or association recognized by the board, if:
  10-12              (1)  the organization, society, or association's
  10-13  requirements for certification are comparable to the educational
  10-14  and experience requirements of this Act and are otherwise
  10-15  acceptable to the board;
  10-16              (2)  the full name or recognized abbreviation of the
  10-17  organization granting the certification is stated following or in
  10-18  conjunction with the use of the designation or abbreviation; and
  10-19              (3)  the designation or abbreviation is not used in a
  10-20  manner that is misleading or that creates an impression that the
  10-21  person is licensed to practice geology or geophysics before the
  10-22  public unless the person is registered under this Act.
  10-23        (j)  The board, by rule, shall recognize the use of the
  10-24  designations "geological engineer," "geological engineering,"
  10-25  "geotechnical engineer," "geotechnical engineering," "hydraulic
   11-1  engineer," "hydraulic engineering," or any other engineering title
   11-2  by a person registered or licensed as a professional engineer in
   11-3  this state as a legitimate engineering title separate from geology
   11-4  or geophysics or a specialty of geology or geophysics.
   11-5        (k)  The board may enter into agreements with boards of
   11-6  registration in other states and other appropriate organizations
   11-7  and agencies to develop uniform standards for:
   11-8              (1)  the registration of geologists and geophysicists;
   11-9              (2)  accrediting educational programs;
  11-10              (3)  establishing reciprocity and temporary
  11-11  registrations;
  11-12              (4)  developing regional or national examinations;
  11-13              (5)  evaluating applicants; and
  11-14              (6)  other purposes consistent with this Act.
  11-15        (l)  The board may appoint committees, employ personnel,
  11-16  employ contractors and consultants, lease or purchase furnishings,
  11-17  equipment, and supplies, lease office space, and incur other
  11-18  similar expenses in connection with the administration of this Act.
  11-19        (m)  The board shall establish a standing subcommittee to
  11-20  work cooperatively on a joint and equal basis with a counterpart
  11-21  subcommittee appointed by the State Board of Registration for
  11-22  Professional Engineers to hear and resolve complaints involving
  11-23  overlap in professional practice between registered geologists and
  11-24  geophysicists and registered professional engineers.  On receipt of
  11-25  a written request from the chairman of either board, the
   12-1  subcommittees shall meet and act as a joint subcommittee.  If the
   12-2  joint subcommittee is unable to resolve a dispute, the joint
   12-3  subcommittee shall ask a neutral representative from the attorney
   12-4  general's staff to serve as a voting member of the joint
   12-5  subcommittee to resolve the dispute.
   12-6        SECTION 12.  EXECUTIVE DIRECTOR; OFFICES.  (a)  The board
   12-7  shall appoint an executive director, who shall be responsible for
   12-8  managing the day-to-day affairs of the board, including:
   12-9              (1)  arranging for and supervising the necessary
  12-10  support, secretarial, and clerical services;
  12-11              (2)  obtaining space for holding examinations,
  12-12  meetings, and conferences;
  12-13              (3)  printing or purchasing examinations;
  12-14              (4)  printing and mailing forms, information, and
  12-15  certificates;
  12-16              (5)  sending notices, collecting fees, and issuing
  12-17  receipts;
  12-18              (6)  conducting the correspondence of the board
  12-19  including replying to routine requests for information;
  12-20              (7)  maintaining the minutes and records of the board;
  12-21              (8)  keeping records of receipts and disbursements; and
  12-22              (9)  providing necessary investigative services.
  12-23        (b)  The board shall maintain an official office and address
  12-24  within the city of Austin to conduct its business.
  12-25        SECTION 13.  RECEIPTS AND DISBURSEMENTS; FUND.  (a)  The
   13-1  executive director shall receive, administer, and account for all
   13-2  money received under this Act, and shall transfer the funds to the
   13-3  state treasurer.
   13-4        (b)  All funds paid to the board under this Act shall be
   13-5  deposited in  a special fund, known as the "geologists and
   13-6  geophysicists fund."  The geologists and  geophysicists fund shall
   13-7  be maintained in accordance with the accounting procedures of, and
   13-8  shall be subject to audit by, the state treasurer.  Interest earned
   13-9  on money deposited in the geologists and geophysicists fund shall
  13-10  be credited to the geologists and geophysicists fund.
  13-11        (c)  All expenses incurred by the board in the administration
  13-12  and enforcement of this Act shall be paid from the geologists and
  13-13  geophysicists fund.
  13-14        (d)  The executive director shall file an annual report of
  13-15  all receipts, expenditures, and fund balances with the state
  13-16  treasurer.
  13-17        SECTION 14.  ROSTER AND SPECIALTIES LIST.  (a)  The board
  13-18  shall maintain a roster stating the name and place of business of
  13-19  each registered geologist and geophysicist and board certified
  13-20  specialty geologist and geophysicist practicing under a certificate
  13-21  of registration issued by the board.  Copies of the roster shall be
  13-22  kept on file with the board and shall be furnished on request to a
  13-23  state agency, county or municipal clerk or building official, and a
  13-24  registration or certificate holder.  A copy of the roster shall
  13-25  also be furnished to any person on written request, subject to
   14-1  payment of a reasonable fee set by the board and any applicable
   14-2  state taxes.
   14-3        (b)  The board shall maintain a list of recognized
   14-4  specialties of geology and geophysics in which certification is
   14-5  recognized by the board under this Act and professional geological
   14-6  and geophysical organizations, societies, and associations
   14-7  recognized by the board.
   14-8        (c)  The board shall maintain a list of each state, territory
   14-9  or possession of the United States, the District of Columbia, or
  14-10  foreign country in which the requirements and qualifications for
  14-11  registration are comparable to those established in this state and
  14-12  with which a reciprocity agreement exists.
  14-13        SECTION 15.  REGISTRATION REQUIRED.  (a)  Unless exempted by
  14-14  this Act, a person may not practice as a geologist or geophysicist
  14-15  or engage in the practice of geology or geophysics or a specialty
  14-16  of geology or geophysics without a certificate of registration
  14-17  issued under this Act.
  14-18        (b)  A person may not use the term "registered geologist" or
  14-19  "registered geophysicist," claim to have a specialty in geology or
  14-20  geophysics as part of a professional, business, or commercial
  14-21  identification or title, or otherwise hold out to the public that
  14-22  the person is qualified to practice as a geologist or geophysicist
  14-23  or to engage in the practice of geology or geophysics or a
  14-24  specialty of geology or geophysics unless the person is registered
  14-25  under this Act.
   15-1        (c)  A person may not prepare or supervise the preparation of
   15-2  a geologic or geophysical report or a geologic or geophysical
   15-3  portion of a report required by municipal or county ordinance,
   15-4  state or federal law, state agency rule, or federal regulation that
   15-5  incorporates or is based on a geologic or geophysical study or
   15-6  geologic or geophysical data unless the person is registered as a
   15-7  geologist or geophysicist under this Act.
   15-8        (d)  The state or a political subdivision of the state may
   15-9  not contract for geological or geophysical services with a person
  15-10  other than a person registered under this Act or with a business
  15-11  entity other than a business entity that employs geologists or
  15-12  geophysicists registered under this Act who shall be responsible
  15-13  for the geological or geophysical work performed by the business
  15-14  entity.
  15-15        SECTION 16.  APPLICATION REQUIREMENTS.  (a)  An applicant for
  15-16  registration as a geologist or geophysicist, in a specialty of
  15-17  geology or geophysics, or for temporary or reciprocal registration
  15-18  must apply on a form prescribed by the board that is signed and
  15-19  sworn to by the applicant before a notary public.
  15-20        (b)  An application must be accompanied by the appropriate
  15-21  application fee and include:
  15-22              (1)  information concerning the applicant's education;
  15-23              (2)  a detailed summary of the applicant's geologic or
  15-24  geophysical work experience, including work in a specialty in which
  15-25  the applicant seeks certification;
   16-1              (3)  a signed statement that the applicant has read and
   16-2  will comply with the code of professional conduct; and
   16-3              (4)  not fewer than five reference letters, of which
   16-4  not fewer than three are from geologists or geophysicists having
   16-5  personal knowledge of the applicant's geologic or geophysical
   16-6  experience.
   16-7        (c)  An applicant must pay a fee for application,
   16-8  examination, registration, and renewal of a certificate of
   16-9  registration, in addition to any other fee required by the board.
  16-10        SECTION 17.  GEOLOGIST REGISTRATION REQUIREMENTS.  To be
  16-11  registered as a geologist, an applicant must:
  16-12              (1)  be of good moral and ethical character as attested
  16-13  to by letters of reference submitted on behalf of the applicant or
  16-14  as otherwise determined by the board;
  16-15              (2)  have graduated from a course of study in geology
  16-16  or geoscience satisfactory to the board or from a program
  16-17  accredited by an organization recognized by the board, of four or
  16-18  more years duration including at least 30 semester or 45 quarter
  16-19  hours of credit, with a major in geology or geoscience or a
  16-20  geological specialty or have satisfactorily completed other
  16-21  equivalent educational requirements as determined by the board;
  16-22              (3)  have a documented record of a minimum of four
  16-23  years of satisfactory work experience in geology or a specialty of
  16-24  geology obtained after completing the academic requirements of this
  16-25  section that demonstrates  that the applicant is qualified to
   17-1  assume responsible charge for geologic work on registration as a
   17-2  geologist, two years of which work experience may be required by
   17-3  the board to have been gained under the supervision of a geologist
   17-4  registered in this state or another state or gained under the
   17-5  supervision of another person who, in the opinion of the board, is
   17-6  qualified to have responsible charge of geological work;
   17-7              (4)  have passed an examination covering the
   17-8  fundamentals and practice of geology required by the board; and
   17-9              (5)  meet other general or individual requirements
  17-10  established by the board under this Act.
  17-11        SECTION 18.  GEOPHYSICIST REGISTRATION REQUIREMENTS.  To be
  17-12  registered as a geophysicist, an applicant must:
  17-13              (1)  be of good moral and ethical character as attested
  17-14  to by letters of reference submitted on behalf of the applicant or
  17-15  as otherwise determined by the board;
  17-16              (2)  have graduated from a course of study in
  17-17  geophysics, geophysical science, or another discipline that in the
  17-18  board's opinion is relevant to geophysics or from a program
  17-19  accredited by an organization recognized by the board, of four or
  17-20  more years duration including at least 30 semester or 45 quarter
  17-21  hours of credit, with a major in geophysics or geoscience or a
  17-22  geophysical specialty or have satisfactorily completed other
  17-23  equivalent educational requirements as determined by the board;
  17-24              (3)  have a documented record of a minimum of four
  17-25  years of satisfactory work experience in geophysics or a specialty
   18-1  of geophysics obtained after completing the academic requirements
   18-2  of this section that demonstrates that the applicant is qualified
   18-3  to assume responsible charge for geophysical work on registration
   18-4  as a geophysicist, two years of which work experience may be
   18-5  required by the board to have been gained under the supervision of
   18-6  a geophysicist registered in this state or another state or gained
   18-7  under the supervision of another person who, in the opinion of the
   18-8  board, is qualified to have responsible charge of geophysical work;
   18-9              (4)  have passed an examination covering the
  18-10  fundamentals and practice of geophysics required by the board; and
  18-11              (5)  meet other general or individual requirements
  18-12  established by the board under this Act.
  18-13        SECTION 19.  REQUIREMENTS FOR GEOLOGICAL OR GEOPHYSICAL
  18-14  SPECIALTY CERTIFICATION.  An applicant for certification in a
  18-15  geological or geophysical specialty must meet the following
  18-16  requirements in addition to meeting the requirements of Section 17
  18-17  or 18 of this Act, as appropriate:
  18-18              (1)  successful completion of 12 semester or 16 quarter
  18-19  hours of advanced study in the specialty at an academic institution
  18-20  acceptable to the board or completion of an equivalent amount of
  18-21  professional experience acceptable to the board;
  18-22              (2)  have experience  including a documented record of
  18-23  six or more years of experience with not less than four years in
  18-24  the specialty after completing the academic requirements of this
  18-25  section in geologic or geophysical work, as appropriate, of a
   19-1  nature satisfactory to the board that demonstrates that the
   19-2  applicant is qualified to assume responsible charge of the
   19-3  specialty work on certification in the specialty and not less than
   19-4  two years of the experience gained under the supervision of a
   19-5  geologist or geophysicist certified in the specialty in this state
   19-6  or another state or under the supervision of another person who the
   19-7  board determines to be qualified to have responsible charge of
   19-8  geological or geophysical work in the specialty or, as an
   19-9  alternative to the two years of experience under the supervision of
  19-10  a geologist or geophysicist certified in the specialty, the board
  19-11  may accept three reference letters from board certified specialty
  19-12  geologists or geophysicists in the specialty; and
  19-13              (3)  have passed an examination required by the board
  19-14  in the specialty.
  19-15        SECTION 20.  QUALIFYING EXPERIENCE.  The following standards
  19-16  shall be applied in evaluating the experience of an applicant for
  19-17  registration in the practice of geology or geophysics or for a
  19-18  specialty certification under Sections 17, 18, and 19 of this Act:
  19-19              (1)  each year of professional practice acceptable to
  19-20  the board, under the direct supervision of a geologist or
  19-21  geophysicist, as appropriate, who is registered in this state or in
  19-22  another state under requirements for registration that are
  19-23  comparable to those in this Act or under the direct supervision of
  19-24  a geologist or geophysicist, as appropriate, who meets the
  19-25  educational and experience requirements for registration but is not
   20-1  required to be registered under this Act constitutes one year of
   20-2  professional experience in geology or geophysics;
   20-3              (2)  each year of professional specialty geology or
   20-4  geophysical practice acceptable to the board under the direct
   20-5  supervision of a specialty geologist or specialty geophysicist who
   20-6  is registered in the specialty under this Act or who is registered
   20-7  or certified as a specialty geologist or specialty geophysicist
   20-8  under comparable requirements in another state, under a civil
   20-9  engineer or geological engineer registered in this state or another
  20-10  state, or under a specialty geologist or specialty geophysicist who
  20-11  meets the educational and experience requirements for registration
  20-12  but is not required to be registered  under this Act constitutes
  20-13  one year of practice in a specialty in geology or geophysics; and
  20-14              (3)  a year of experience in professional practice
  20-15  acceptable to the board and acquired before September 1, 1994,
  20-16  constitutes one year of experience in professional practice if the
  20-17  experience:
  20-18                    (A)  was acquired under the direct supervision of
  20-19  a geologist or geophysicist, as appropriate, who meets the
  20-20  educational and experience requirements for registration under this
  20-21  Act or is registered under comparable requirements in another
  20-22  state; or
  20-23                    (B)  would constitute the responsible charge of
  20-24  professional work in geology or geophysics, as appropriate, as
  20-25  determined by the board.
   21-1        SECTION 21.  GRADUATE STUDY, RESEARCH, AND TEACHING
   21-2  EXPERIENCE.  (a)  Each year of full-time graduate study in the
   21-3  geological or geophysical sciences or in a specialty of geology or
   21-4  geophysics that is acceptable to the board constitutes one year of
   21-5  professional experience in geology or geophysics or the applicable
   21-6  specialty of geology or geophysics.  No more than two years of
   21-7  full-time graduate study may be accepted by the board for
   21-8  professional experience for a single applicant.
   21-9        (b)  The board may accept geological or geophysical research
  21-10  or teaching by a person studying geology or geophysics or a
  21-11  geological or geophysical specialty at the college or university
  21-12  level as  qualifying experience if the research or teaching, in the
  21-13  judgment of the board, is comparable to experience obtained in the
  21-14  practice of geology or geophysics or a specialty of geology or
  21-15  geophysics.
  21-16        SECTION 22.  REGISTRATION WITHOUT EXAMINATION.  (a)  A person
  21-17  holding a valid certificate of registration or license for the
  21-18  practice of geology or geophysics or a recognized specialty of
  21-19  geology or geophysics issued under the law of another state or a
  21-20  territory or possession of the United States, the District of
  21-21  Columbia, or a foreign country, is eligible for registration under
  21-22  this Act without meeting the examination requirements of Sections
  21-23  17(4), 18(4), and 19(3) of this Act.
  21-24        (b)  The board may issue a certificate of registration to an
  21-25  applicant who provides proof of registration or licensure under
   22-1  requirements that the board determines to be substantially similar
   22-2  to those established by this Act and who pays the required fees.
   22-3        SECTION 23.  TEMPORARY REGISTRATION.  A person who is not a
   22-4  resident of this state and does not have an established place of
   22-5  business in this state who seeks to practice geology or geophysics
   22-6  in this state for a time not to exceed 90 days after the date of
   22-7  registration or an applicant for reciprocal registration who seeks
   22-8  to practice geology or geophysics pending a determination on the
   22-9  reciprocity application may be issued a temporary registration
  22-10  certificate authorizing temporary practice in this state if the
  22-11  person:
  22-12              (1)  applies for temporary registration to the board,
  22-13  provides proof of  registration in another state, District of
  22-14  Columbia, territory, possession, or foreign country, and pays the
  22-15  required fees;
  22-16              (2)  agrees to comply  with the signature requirements
  22-17  of Section 30(b) of this Act and to affix the person's seal from
  22-18  the jurisdiction where the person is registered or licensed on all
  22-19  work completed while practicing under the temporary registration;
  22-20  and
  22-21              (3)  files the required information and reports and
  22-22  complies with other requirements established by the board
  22-23  concerning the person's temporary practice.
  22-24        SECTION 24.  WAIVER OF REQUIREMENTS.  (a)  In an individual
  22-25  case, the board may waive any of the requirements for registration
   23-1  by a two-thirds vote of the entire board, except for the payment of
   23-2  a required fee, on the written request of the applicant and on a
   23-3  showing of good cause if the board determines that the applicant is
   23-4  otherwise qualified for registration as a geologist or geophysicist
   23-5  or in a specialty of geology or geophysics.
   23-6        (b)  The requirements waived under this section and the basis
   23-7  for the waiver must be recorded in the applicant's record and in
   23-8  the proceedings of the board.
   23-9        SECTION 25.  DENIAL OF REGISTRATION.  (a)  The board may deny
  23-10  registration for an applicant who fails to satisfy a requirement of
  23-11  this Act or on a determination by the board that there is probable
  23-12  cause to believe that an applicant has violated this Act or a
  23-13  provision the registrant would be subject to in this Act or a
  23-14  comparable provision in the registration law of another state.
  23-15        (b)  The board may not issue a certificate of registration
  23-16  pending the disposition of a complaint alleging a violation in this
  23-17  or another state if the board has notice of the alleged violation.
  23-18        (c)  An applicant who is denied registration must be notified
  23-19  of the reason for denial in writing not later than the 30th day
  23-20  after the date of the board's decision.  Not later than the 30th
  23-21  day after the date of receipt of the notice, the applicant may make
  23-22  a written request for a hearing.  In the absence of a request for a
  23-23  hearing, the board's action is final.
  23-24        SECTION 26.  CONTINUING EDUCATION.  To renew a registration
  23-25  as a geologist or geophysicist or certification as a specialty
   24-1  geologist or geophysicist, an applicant for renewal must meet the
   24-2  continuing education requirements for renewal established by the
   24-3  board.
   24-4        SECTION 27.  CERTIFICATES AND SEALS.  (a)  The board shall
   24-5  issue an appropriate certificate of registration to a registered
   24-6  geologist or geophysicist and a specialty certification to an
   24-7  applicant who meets the requirements of this Act for registration
   24-8  as a geologist or geophysicist or for board certification in a
   24-9  specialty of geology or geophysics on payment of the applicable
  24-10  registration fee.
  24-11        (b)  The certificate must show the full name of the
  24-12  registrant, have a serial number, and be signed by an appropriate
  24-13  officer of the board under the board's seal.
  24-14        (c)  The issuance by the board of a certificate of
  24-15  registration is prima facie evidence that while the certificate is
  24-16  valid the person named on the certificate is entitled to all rights
  24-17  and privileges of a registered geologist or geophysicist or a board
  24-18  certified specialty geologist or geophysicist and is entitled to
  24-19  practice geology or geophysics as a firm or corporation.
  24-20        SECTION 28.  REGISTRATION DURATION; EXPIRATION.  (a)  A
  24-21  certificate of registration is valid for a period not to exceed
  24-22  three years and expires according to a schedule established by the
  24-23  board.
  24-24        (b)  The board shall notify each certificate holder of the
  24-25  date of expiration of the person's certificate and the amount of
   25-1  the fee required for renewal not later than the 60th day before the
   25-2  date of expiration.
   25-3        (c)  On expiration, a certificate is invalid and may not be
   25-4  renewed except as provided by this Act.
   25-5        SECTION 29.  REGISTRATION RENEWAL.  (a)  The board shall
   25-6  renew or reissue a certificate of registration for a registrant who
   25-7  before the expiration date of the certificate or within a period
   25-8  not to exceed 60 days after the expiration as determined by the
   25-9  board:
  25-10              (1)  submits the required renewal application and fee
  25-11  and a penalty for late renewal if required; and
  25-12              (2)  meets the requirements for renewal established by
  25-13  the board.
  25-14        (b)  The board, by rule, may establish conditions and fees
  25-15  for the reissuance of certificates of registration that have
  25-16  lapsed, expired, or been suspended or revoked.
  25-17        (c)  The board shall reissue a new certificate to replace any
  25-18  certificate of registration that has been lost, destroyed, or
  25-19  mutilated, subject to the rules and fees adopted by the board.
  25-20        SECTION 30.  REGISTRANT'S SEAL.  (a)  On registration, a
  25-21  registrant must obtain a seal of a design established by the board
  25-22  bearing the registrant's name, registration or certification
  25-23  number, the words "Registered Geologist" or "Registered
  25-24  Geophysicist," and words that indicate any specialty in which the
  25-25  individual may be certified.
   26-1        (b)  Geologic and geophysical reports, documents, and other
   26-2  records as defined by the board that are offered to the public and
   26-3  prepared or issued by or under the supervision of a registered
   26-4  geologist or geophysicist or by a subordinate under the supervision
   26-5  of a registered geologist or geophysicist must include the full
   26-6  name, signature, and registration number of the registrant who
   26-7  prepared the document or under whose supervision it was prepared
   26-8  and an impression of the registrant's seal in accordance with rules
   26-9  adopted by the board.  Documents that are required to be prepared
  26-10  or issued by or under the direction of a geologist or geophysicist
  26-11  certified in a specialty must be similarly signed and sealed.
  26-12        SECTION 31.  EXEMPTIONS.  (a)  The following activities do
  26-13  not require registration under this Act:
  26-14              (1)  geological or geophysical work performed by an
  26-15  employee or a subordinate of a registrant under this Act, if the
  26-16  work does not include the responsible charge of geological or
  26-17  geophysical work and is performed under the direct supervision of a
  26-18  registered geologist or geophysicist who is responsible for the
  26-19  work;
  26-20              (2)  geological or geophysical work performed by an
  26-21  officer or employee of the United States practicing solely as such
  26-22  an officer or employee;
  26-23              (3)  geological or geophysical work performed
  26-24  exclusively in exploring for and developing energy resources, base
  26-25  metals, precious and nonprecious minerals, including sand, gravel,
   27-1  and aggregate, that does not have a substantial impact on the
   27-2  public health and safety as determined by rules adopted by the
   27-3  board, or require the submission of reports or documents to public
   27-4  agencies as provided by Sections 15(c) and 30(b) of this Act;
   27-5              (4)  geologic or geophysical research conducted through
   27-6  an academic institution, a state or federal governmental agency, a
   27-7  nonprofit research institution, or a for-profit organization that
   27-8  includes submitting a report on the research to a public agency
   27-9  unless the work is covered by Section 15(c) of this Act;
  27-10              (5)  teaching geology or geophysics or a related
  27-11  physical or natural science except for teaching an advanced course
  27-12  in geology or geophysics that may be intended to qualify as a
  27-13  course requirement for specialty certification;
  27-14              (6)  the acquisition of engineering data involving
  27-15  soil, rock, groundwater, and other earth materials, evaluating the
  27-16  physical and chemical properties of soil, rock, groundwater, and
  27-17  other earth materials, and using the data analysis, design, and
  27-18  construction by a professional engineer registered in this state
  27-19  and similar geological or geophysical work performed by a person or
  27-20  organization licensed or registered in a profession or occupation
  27-21  related to geology or geophysics if the work is permitted under the
  27-22  applicable licensing or registration law and is incidental to the
  27-23  practice of the profession or occupation for which the license or
  27-24  registration is required;
  27-25              (7)  work customarily performed by a physical or
   28-1  natural scientist including a chemist, an archaeologist, a
   28-2  geographer, an oceanographer, a geophysicist, a pedologist, and a
   28-3  soil scientist if the work does not include the design and
   28-4  execution of a geologic or geophysical investigation or involve the
   28-5  scientist being in responsible charge of geologic or geophysical or
   28-6  specialty geologic or geophysical work or require drawing geologic
   28-7  or geophysical conclusions or making recommendations that
   28-8  significantly affect the public health, safety, or welfare; and
   28-9              (8)  testifying or preparing and presenting an exhibit
  28-10  or document for the sole purpose of being placed in evidence before
  28-11  an administrative or judicial tribunal or hearing, if the
  28-12  testimony, exhibit, or document does not imply that the person is
  28-13  registered under this Act.
  28-14        (b)  This Act does not permit the practice of engineering by
  28-15  a geologist or geophysicist or a specialty geologist or
  28-16  geophysicist unless the practice is incidental to the practice of
  28-17  geology or geophysics or the certified specialty and does not
  28-18  include the design of an engineered structure.
  28-19        SECTION 32.  PRACTICE OF GEOLOGY OR GEOPHYSICS BY FIRM OR
  28-20  CORPORATION.  (a)  A firm or corporation may not engage in the
  28-21  public practice of geology or geophysics or a specialty of geology
  28-22  or geophysics, except for:
  28-23              (1)  geologic or geophysical work performed by or under
  28-24  the supervision of a geologist or geophysicist registered to
  28-25  practice geology or geophysics or certified in an applicable
   29-1  specialty of geology or geophysics who is in responsible charge of
   29-2  the work and who signs and seals all documents as required by this
   29-3  Act; and
   29-4              (2)  a firm or corporation the principal business of
   29-5  which is the public practice of geology or geophysics as determined
   29-6  by board rule if a principal of the firm or an officer or director
   29-7  of the corporation is registered as a geologist or geophysicist and
   29-8  has overall supervision and control of the geological or
   29-9  geophysical work performed in this state.
  29-10        (b)  A firm or corporation permitted to engage in the public
  29-11  practice of geology or geophysics or a specialty of geology or
  29-12  geophysics is subject to the rules of the board that pertain to the
  29-13  practice of geology or geophysics or a specialty of geology or
  29-14  geophysics by a firm or corporation.
  29-15        (c)  Except as provided by this section, a person, firm, or
  29-16  corporation may not hold out to the public that the person, firm,
  29-17  or corporation is a registered geologist or registered
  29-18  geophysicist, board certified in a specialty of geology or
  29-19  geophysics, or able to perform geological or geophysical services
  29-20  or prepare a report or other document that requires the signature
  29-21  and seal of a registrant under Sections 15(c) and 30(b) of this
  29-22  Act.
  29-23        SECTION 33.  DISCIPLINE AND ENFORCEMENT.  (a)  The board may
  29-24  take the following disciplinary actions:
  29-25              (1)  deny renewal of a certificate of registration;
   30-1              (2)  permanently revoke the certificate of registration
   30-2  of a registration holder;
   30-3              (3)  suspend the certificate of registration of a
   30-4  registration holder for a specified time, not to exceed three
   30-5  years, to take effect immediately notwithstanding an appeal  if the
   30-6  board determines that the registration holder's continued practice
   30-7  constitutes an imminent danger to the public health, welfare, and
   30-8  safety;
   30-9              (4)  issue a public or private reprimand to an
  30-10  applicant, a registration holder, or a person, firm, or corporation
  30-11  practicing geology or geophysics under this Act;
  30-12              (5)  impose limitations, conditions, or restrictions on
  30-13  the practice of an applicant, a registration holder, or a person,
  30-14  firm, or corporation  practicing geology or geophysics under this
  30-15  Act;
  30-16              (6)  require that a registration holder participate in
  30-17  a peer review program under rules adopted by the board;
  30-18              (7)  require that a registration holder obtain remedial
  30-19  education and training as prescribed by the board;
  30-20              (8)  impose probation on a registration holder
  30-21  requiring regular reporting to the board;
  30-22              (9)  require restitution, in whole or in part, of
  30-23  compensation or fees earned by a registration holder or a person,
  30-24  firm, or corporation practicing geology or geophysics under this
  30-25  Act; and
   31-1              (10)  impose a civil penalty not to exceed $5,000 for
   31-2  each violation of this Act or a rule adopted under this Act.
   31-3        (b)  The board may impose appropriate sanctions for:
   31-4              (1)  the practice of any fraud or deceit in obtaining
   31-5  certification from an organization described in Section 11(i) of
   31-6  this Act or in obtaining a certificate of registration as a
   31-7  geologist or geophysicist or in a specialty of geology or
   31-8  geophysics;
   31-9              (2)  incompetency, misconduct, fraud, gross negligence,
  31-10  or repeated incidents of negligence in the public practice of
  31-11  geology or geophysics;
  31-12              (3)  conviction of a felony or a crime involving moral
  31-13  turpitude;
  31-14              (4)  the imposition of an administrative, civil, or
  31-15  criminal fine, or the imposition of a sentence of imprisonment or
  31-16  probation instead of a fine for a misdemeanor relating to or
  31-17  arising out of the public practice of geology or geophysics;
  31-18              (5)  the issuance of a cease and desist order or a
  31-19  similar sanction relating to or arising out of the public practice
  31-20  of geology or geophysics;
  31-21              (6)  using the seal of another person or using or
  31-22  allowing the use of the registration holder's seal on geologic or
  31-23  geophysical work not performed by  or under the supervision of the
  31-24  registration holder;
  31-25              (7)  aiding or abetting a person in the violation of
   32-1  this Act;
   32-2              (8)  the revocation or suspension of a certificate of
   32-3  registration, the denial of renewal of a certificate of
   32-4  registration, or other disciplinary action taken by a state agency,
   32-5  board of registration, or a similar licensing agency for geologists
   32-6  or geophysicists or a profession or occupation related to the
   32-7  public practice of geology or geophysics; however, the sanction
   32-8  imposed by the board under this subdivision may not exceed in
   32-9  severity or duration the sanction on which the action is based;
  32-10              (9)  a mental or physical disability, including a
  32-11  dependence on or addiction to alcohol or a legal or illegal drug,
  32-12  that substantially interferes with the individual's ability to
  32-13  assume the responsible charge of and responsibility for geological
  32-14  or geophysical work; however, a sanction imposed under this
  32-15  subdivision may not violate a state or federal law relating to the
  32-16  rights of a person with a disability;
  32-17              (10)  practicing or offering to practice geology or
  32-18  geophysics or holding out to the public that the person or the
  32-19  person's firm or corporation is registered or qualified to practice
  32-20  geology or geophysics when the person is not registered under this
  32-21  Act or the person's firm or corporation does not employ a
  32-22  registered geologist or registered geophysicist as required by this
  32-23  Act;
  32-24              (11)  practicing or offering to practice a specialty of
  32-25  geology or geophysics recognized by the board or holding out to the
   33-1  public that the person or the person's firm or corporation is
   33-2  certified in or qualified to practice a specialty of geology or
   33-3  geophysics when the person is not certified in that specialty under
   33-4  this Act or the person's firm or corporation does not employ a
   33-5  geologist or geophysicist certified in that specialty to be in
   33-6  responsible charge of the specialty work as required by this Act;
   33-7  or
   33-8              (12)  violating this Act, a rule adopted under this
   33-9  Act, including the code of professional conduct, or a comparable
  33-10  provision of the laws or rules  regulating the practice of geology
  33-11  or geophysics in another state or country.
  33-12        SECTION 34.  COMPLAINTS; INVESTIGATION.  (a)  A person may
  33-13  bring a complaint alleging a violation of this Act or a rule
  33-14  adopted under this Act.
  33-15        (b)  The board shall investigate all complaints brought to
  33-16  its attention and may employ investigators, expert witnesses, and
  33-17  hearing officers, appoint advisory committees, and conduct hearings
  33-18  to determine whether disciplinary or other action should be taken.
  33-19        (c)  A complaint must be made in writing, be sworn to by the
  33-20  person making the complaint, and be filed with the board's
  33-21  secretary.
  33-22        (d)  A person who reports or provides information to the
  33-23  board in good faith is not subject to an action for civil damages.
  33-24        (e)  The board, on its own motion and on a finding of
  33-25  probable cause following its investigation, may direct the
   34-1  secretary to file a verified complaint charging a person with a
   34-2  violation of this Act or a rule adopted under this Act.  The board
   34-3  shall hear all charges, except for a charge that the board
   34-4  determines to be unfounded or unsupported by the evidence
   34-5  submitted.
   34-6        SECTION 35.  REPORT OF DISCIPLINARY ACTION.  (a)  The board
   34-7  shall report disciplinary actions taken by the board to appropriate
   34-8  regulatory officials in this state, to any other registration or
   34-9  licensing board or organization acting on behalf of a registration
  34-10  or licensing board in another state, or to an appropriate state or
  34-11  federal law enforcement agency if the board determines that a
  34-12  violation of laws enforced by the agency receiving the report may
  34-13  have occurred.
  34-14        (b)  The board shall report a disciplinary action taken by
  34-15  the board to appropriate law enforcement authorities if the board
  34-16  believes that the violation prompting the disciplinary action
  34-17  constitutes a criminal offense.
  34-18        (c)  The records of the board's disciplinary actions may be
  34-19  released by the board to a law enforcement agency or a licensing or
  34-20  registration board in this state or another state on written
  34-21  request.
  34-22        (d)  The board shall issue public notice of all suspensions
  34-23  and revocations of certificates of registration, including a
  34-24  suspension, surrender of a certificate, or a revocation obtained
  34-25  informally or by consent, in an annual report or another
   35-1  publication selected by the board.  A report under this subsection
   35-2  may not include an expiration or revocation of a registration based
   35-3  solely on the failure of the registration holder to renew the
   35-4  certificate or to pay an applicable fee.
   35-5        SECTION 36.  APPEAL.  A person aggrieved by a final decision
   35-6  or action of the board imposing a sanction under this Act may
   35-7  appeal the board's decision or action in a court of competent
   35-8  jurisdiction.
   35-9        SECTION 37.  REISSUANCE OF REGISTRATION.  (a)  The board may
  35-10  reissue a certificate of registration that was revoked on written
  35-11  application to the board made after the third anniversary of the
  35-12  date of the revocation. The applicant must show good cause to
  35-13  justify the reissuance of the registration.
  35-14        (b)  The board shall reissue a certificate of registration
  35-15  that was suspended on the date the suspension period expires.  The
  35-16  board may impose reasonable conditions or limitations in connection
  35-17  with the reissuance of a registration that has been suspended.
  35-18        SECTION 38.  OFFENSE.  (a)  A person commits an offense if
  35-19  the person:
  35-20              (1)  practices, offers, or attempts to practice geology
  35-21  or geophysics or a specialty of geology or geophysics without being
  35-22  registered as required by this Act;
  35-23              (2)  uses the term "Registered Geologist" or
  35-24  "Registered Geophysicist," the initials "R.G.," or claims a
  35-25  specialty in geology or geophysics as a professional, business, or
   36-1  commercial identification or title or otherwise holds out to the
   36-2  public that the person is registered to practice geology or
   36-3  geophysics or a specialty of geology or geophysics without being
   36-4  registered as required by this Act;
   36-5              (3)  alters or revises a document, map, or other
   36-6  geologic or geophysical work signed or sealed by a registered
   36-7  geologist or registered geophysicist unless the alteration or
   36-8  revision is signed and sealed by a registered geologist or
   36-9  registered geophysicist;
  36-10              (4)  changes or alters the name or seal of another
  36-11  registered geologist or registered geophysicist on any document,
  36-12  map, or other geologic or geophysical work;
  36-13              (5)  impersonates a registered geologist or registered
  36-14  geophysicist or presents or attempts to use the certificate of
  36-15  registration or the seal of another registered geologist or
  36-16  registered geophysicist as the person's own certificate of
  36-17  registration or seal;
  36-18              (6)  gives false or forged evidence to the board or to
  36-19  a member of the board in an attempt to obtain a certificate of
  36-20  registration;
  36-21              (7)  uses a seal or signs a document under a
  36-22  certificate of registration that is expired or has been suspended
  36-23  or revoked;
  36-24              (8)  manages, owns, or operates a place of business
  36-25  where public geological or geophysical work or specialty work that
   37-1  is not exempt from registration under this Act is offered or
   37-2  performed for others without the work being supervised or performed
   37-3  by a registered geologist or registered geophysicist or a geologist
   37-4  or geophysicist certified in a specialty of geology or geophysics;
   37-5              (9)  uses public geologic or geophysical work performed
   37-6  by another person for a purpose that violates this Act; or
   37-7              (10)  otherwise violates this Act or a rule adopted by
   37-8  the board under this Act.
   37-9        (b)  An offense under this section is a Class A misdemeanor.
  37-10        SECTION 39.  TRANSITION.  (a)  An applicant who applies for
  37-11  registration under this Act before September 1, 1994, may be
  37-12  qualified for registration without written examination if the
  37-13  applicant has:
  37-14              (1)  graduated from an accredited institution of higher
  37-15  education acceptable to the board with a bachelor of science or
  37-16  bachelor of arts or higher degree and a major in geology or
  37-17  geoscience if the application is for certification as a geologist
  37-18  or a major in geophysics, geophysical science, or another
  37-19  discipline the board determines to be relevant to geophysics if the
  37-20  application is for certification as a geophysicist; or
  37-21              (2)  graduated from an accredited institution of higher
  37-22  education in a four-year academic degree program other than
  37-23  geology, geoscience, or geophysics, as appropriate, but has
  37-24  completed the required number of course hours to qualify as a
  37-25  geologist or geophysicist or in a specialty of geology or
   38-1  geophysics and has experience consisting of not less than six years
   38-2  of professional practice in geology or geophysics, as appropriate,
   38-3  acceptable to the board completed before the date of application
   38-4  for registration under this section.
   38-5        (b)  An applicant for certification in a specialty who
   38-6  applies before the first anniversary of the date the board
   38-7  officially recognizes the specialty under this Act may be qualified
   38-8  for certification in that specialty without written examination if
   38-9  the applicant:
  38-10              (1)  is registered under this Act as a geologist or
  38-11  geophysicist in this state; and
  38-12              (2)  has experience consisting of not less than six
  38-13  years of professional practice acceptable to the board in the
  38-14  applicable specialty of geology or geophysics completed before the
  38-15  date of application for certification in a specialty under this
  38-16  section.
  38-17        (c)  An initial member of the board who is required to be a
  38-18  registered geologist or geophysicist must be qualified for
  38-19  registration or certification under Subsections (a) and (b) of this
  38-20  section.
  38-21        (d)  The governor shall make the initial appointments to the
  38-22  board before November 1, 1993.  The board shall hold its first
  38-23  meeting before January 1, 1994.  The initial appointments to the
  38-24  board shall be made as follows:
  38-25              (1)  three members shall be appointed for terms
   39-1  expiring in 1995;
   39-2              (2)  three members shall be appointed for terms
   39-3  expiring in 1997; and
   39-4              (3)  three members shall be appointed for terms
   39-5  expiring in 1999.
   39-6        (e)  The board may use the Council of Professional Geological
   39-7  Organizations, Suggested Geologist Practice Act of 1993,  with the
   39-8  addition of appropriate provisions for the practice of geophysics
   39-9  and its specialties,  as a guide in adopting rules under this Act.
  39-10        (f)  The board shall adopt rules under this Act not later
  39-11  than November 30, 1993.
  39-12        (g)  A person is not required to obtain a license under this
  39-13  Act until January 1, 1994.
  39-14        SECTION 40.  EFFECTIVE DATE.  This Act takes effect September
  39-15  1, 1993, except that Sections 15 and 38 take effect January 1,
  39-16  1994.
  39-17        SECTION 41.  EMERGENCY.  The importance of this legislation
  39-18  and the crowded condition of the calendars in both houses create an
  39-19  emergency and an imperative public necessity that the
  39-20  constitutional rule requiring bills to be read on three several
  39-21  days in each house be suspended, and this rule is hereby suspended.