By Brown S.B. No. 486
75R4919 CAG-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the regulation of geologists, geophysicists, and soil
1-3 scientists; providing an administrative and a 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 Geoscientist Registration Act.
1-7 SECTION 2. PURPOSE. In order to safeguard the interests of
1-8 the citizens of this state, to promote the public welfare, and to
1-9 protect the environment, the public practice of geology,
1-10 geophysics, and soil science in this state is declared to be
1-11 subject to 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, Geophysicists, and Soil Scientists.
1-15 (2) "Board certified specialty geologist" means a
1-16 registered professional geologist who has met the academic and
1-17 experience qualifications in a specialty of geology established
1-18 under this Act and has been certified in that specialty by the
1-19 board.
1-20 (3) "Board certified specialty geophysicist" means a
1-21 registered professional geophysicist who has met the academic and
1-22 experience qualifications in a specialty of geophysics established
1-23 under this Act and has been certified in that specialty by the
1-24 board.
2-1 (4) "Board certified specialty soil scientist" means a
2-2 registered professional soil scientist who has met the academic and
2-3 experience qualifications in a specialty of soil science
2-4 established under this Act and has been certified in that specialty
2-5 by the board.
2-6 (5) "Certified geologist" means a geologist who has
2-7 been certified by a professional geological organization, society,
2-8 or association that has certification requirements that have been
2-9 recognized by the board, including the American Association of
2-10 Petroleum Geologists (AAPG), the American Institute of Professional
2-11 Geologists (AIPG), and the Society of Independent Professional
2-12 Earth Scientists (SIPES).
2-13 (6) "Certified geophysicist" means a geophysicist who
2-14 has been certified by a professional geophysical organization,
2-15 society, or association that has certification requirements that
2-16 have been recognized by the board.
2-17 (7) "Certified soil scientist" means a soil scientist
2-18 who has been certified by a professional soil science organization,
2-19 society, or association that has certification requirements that
2-20 have been recognized by the board, including the Soil Science
2-21 Society of America and the American Registry of Certified
2-22 Professionals in Agronomy, Crops, and Soils (ARCPACS).
2-23 (8) "Geological subordinate" means a person who
2-24 assists in the practice of geology, or an exempt person practicing
2-25 geology, without assuming the responsible charge of the work.
2-26 (9) "Geologist" means a person qualified to engage in
2-27 the practice of geology by reason of the person's knowledge of
3-1 geology, mathematics, and the supporting physical and life
3-2 sciences, acquired through education and practical experience.
3-3 (10) "Geology" means the science of the earth and its
3-4 origin and history, the investigation of the earth's constituent
3-5 rocks, minerals, fossil fuels, solids, and fluids, and the study of
3-6 the natural and introduced agents, forces, and processes that cause
3-7 changes in and on the earth.
3-8 (11) "Geophysical subordinate" means a person who
3-9 assists in the practice of geophysics, or an exempt person
3-10 practicing geophysics, without assuming the responsible charge of
3-11 the work.
3-12 (12) "Geophysicist" means a person qualified to engage
3-13 in the practice of geophysics by reason of the person's knowledge
3-14 of geophysics, mathematics, physics, and the supporting physical
3-15 and life sciences, acquired through education and practical
3-16 experience.
3-17 (13) "Geophysics" means the science of the study of
3-18 the physical earth by means of measuring its natural and induced
3-19 fields of force, including electricity, gravity, and magnetism, and
3-20 its responses to natural and induced energy and the interpretation
3-21 of these measurements, and relating these measurements to the
3-22 physics of the earth.
3-23 (14) "Public practice of geology" means the
3-24 performance before the public of geological services or work
3-25 affecting the public health and safety, including consulting,
3-26 investigating, evaluating, planning, surveying, mapping, and
3-27 inspecting geological work, and the responsible supervision of
4-1 those tasks.
4-2 (15) "Public practice of geophysics" means the
4-3 performance before the public of geophysical services or work,
4-4 including consulting, investigating, evaluating, planning,
4-5 surveying, mapping, and inspecting geophysical work, and the
4-6 responsible supervision of those tasks.
4-7 (16) "Public practice of soil science" means the
4-8 performance before the public of soil science services or work
4-9 affecting the public health and safety, including consulting,
4-10 investigating, evaluating, planning, mapping, and inspecting soil
4-11 science work, and the responsible supervision of those tasks.
4-12 (17) "Registered professional geologist" means a
4-13 geologist who has met the academic and experience qualifications of
4-14 this Act and who has been issued a certificate of registration as a
4-15 registered professional geologist by the board.
4-16 (18) "Registered professional geophysicist" means a
4-17 geophysicist who has met the academic and experience qualifications
4-18 of this Act and who has been issued a certificate of registration
4-19 as a registered professional geophysicist by the board.
4-20 (19) "Registered professional soil scientist" means a
4-21 soil scientist who has met the academic and experience
4-22 qualifications of this Act and who has been issued a certificate of
4-23 registration as a registered professional soil scientist by the
4-24 board.
4-25 (20) "Responsible charge" means the independent
4-26 control and direction of geological, geophysical, or soil science
4-27 work or the supervision of geological, geophysical, or soil science
5-1 work by the use of initiative, skill, and independent judgment.
5-2 (21) "Soil science" means the science of soils, their
5-3 classification, origin, and history, the investigation of physical,
5-4 chemical, mineralogical, morphological, and biological
5-5 characteristics of soils, and the study of natural and introduced
5-6 agents, forces, and processes that cause changes in and on the
5-7 soil.
5-8 (22) "Soil science subordinate" means a person who
5-9 assists in the practice of soil science, or an exempt person
5-10 practicing soil science, without assuming the responsible charge of
5-11 the work.
5-12 (23) "Soil scientist" means a person qualified to
5-13 engage in the practice of soil science by reason of the person's
5-14 knowledge of soil science, and the supporting chemical, physical,
5-15 and biological sciences acquired through education and practical
5-16 experience.
5-17 (24) "Specialty" means a branch of geology,
5-18 geophysics, or soil science that has been recognized by the board
5-19 for specialty certification.
5-20 (25) "Practice of specialty geology" means the
5-21 performance before the public of geological services or work
5-22 including consulting, investigating, evaluating, planning, mapping,
5-23 and inspecting geological work and the responsible supervision of
5-24 those tasks in the commonly recognized specialty geological
5-25 practices of engineering geology, hydrogeology, and environmental
5-26 geology.
5-27 (26) "Practice of specialty geophysics" means the
6-1 performance before the public of geophysical services or work
6-2 including consulting, investigating, evaluating, planning, mapping,
6-3 and inspecting geophysical work and the responsible supervision of
6-4 those tasks in the commonly recognized specialty geophysical
6-5 practices, including engineering geophysics, hydrogeophysics, and
6-6 environmental geophysics.
6-7 (27) "Practice of specialty soil science" means the
6-8 performance before the public of soil science services or work
6-9 including consulting, investigating, evaluating, planning, mapping,
6-10 and inspecting soil science work and the responsible supervision of
6-11 those tasks in commonly recognized specialty soil science
6-12 practices, including soil survey, soil classification, and
6-13 environmental soil science.
6-14 SECTION 4. BOARD OF REGISTRATION FOR GEOLOGISTS,
6-15 GEOPHYSICISTS, AND SOIL SCIENTISTS. (a) The Board of Registration
6-16 for Geologists, Geophysicists, and Soil Scientists is created to
6-17 administer the provisions of this Act.
6-18 (b) The board is composed of nine members, who are appointed
6-19 by the governor with the advice and consent of the senate.
6-20 (c) Five members of the board must be geologists registered
6-21 under this Act, two of whom must be board certified in a specialty
6-22 of geology recognized under this Act. One member of the board must
6-23 be a geophysicist registered under this Act, and one member of the
6-24 board must be a soil scientist registered under this Act. To the
6-25 extent possible, the composition of the geologists, geophysicists,
6-26 and soil scientists registered under this Act serving on the board
6-27 must be representative of the occupational distribution of
7-1 geologists, geophysicists, and soil scientists registered under
7-2 this Act.
7-3 (d) Two members of the board must be members of the general
7-4 public.
7-5 (e) A member of the board must be a citizen of the United
7-6 States, must have been a resident of this state for at least three
7-7 years preceding appointment, and must be at least 25 years of age.
7-8 (f) Members of the board serve staggered six-year terms with
7-9 the terms of three members expiring February 1 of each odd-numbered
7-10 year.
7-11 (g) A member of the board may not serve more than two
7-12 consecutive full terms.
7-13 (h) The Board of Registration for Geologists, Geophysicists,
7-14 and Soil Scientists is subject to Chapter 325, Government Code
7-15 (Texas Sunset Act). Unless continued in existence as provided by
7-16 that chapter, the board is abolished and this Act expires September
7-17 1, 2007.
7-18 SECTION 5. RESTRICTIONS ON PUBLIC MEMBERSHIP. A person is
7-19 not eligible for appointment as a public member of the board if the
7-20 person or the person's spouse:
7-21 (1) is registered, certified, or licensed by an
7-22 occupational regulatory agency in the practice of geology,
7-23 geophysics, or soil science;
7-24 (2) is employed by or participates in the management
7-25 of a business entity or other organization regulated by the board
7-26 or receiving funds from the board;
7-27 (3) owns or controls, directly or indirectly, more
8-1 than a 10 percent interest in a business entity or other
8-2 organization regulated by the board or receiving funds from the
8-3 board; or
8-4 (4) uses or receives a substantial amount of tangible
8-5 goods, services, or funds from the board, other than compensation
8-6 or reimbursement authorized by law for board membership,
8-7 attendance, or expenses.
8-8 SECTION 6. CONFLICTS OF INTEREST. (a) An officer,
8-9 employee, or paid consultant of a Texas trade association in the
8-10 practice of geology, geophysics, or soil science may not be a
8-11 member of the board or employee of the board who is exempt from the
8-12 state's position classification plan or is compensated at or above
8-13 the amount prescribed by the General Appropriations Act for step 1,
8-14 salary group 17, of the position classification salary schedule.
8-15 (b) A person who is the spouse of an officer, manager, or
8-16 paid consultant of a Texas trade association in the field of
8-17 geology, geophysics, or soil science may not be a member of the
8-18 board and may not be an employee of the board who is exempt from
8-19 the state's position classification plan or is compensated at or
8-20 above the amount prescribed by the General Appropriations Act for
8-21 step 1, salary group 17, of the position classification salary
8-22 schedule.
8-23 (c) For the purposes of this section, a Texas trade
8-24 association is a nonprofit, cooperative, and voluntarily joined
8-25 association of business or professional competitors in this state
8-26 designed to assist its members and its industry or profession in
8-27 dealing with mutual business or professional problems and in
9-1 promoting their common interest.
9-2 SECTION 7. LOBBYIST RESTRICTION. A person may not serve as
9-3 a member of the board or act as the general counsel to the board if
9-4 the person is required to register as a lobbyist under Chapter 305,
9-5 Government Code, because of the person's activities for
9-6 compensation on behalf of a profession related to the operation of
9-7 the board.
9-8 SECTION 8. REMOVAL FROM BOARD. It is a ground for removal
9-9 from the board if:
9-10 (1) the member is no longer qualified for appointment
9-11 to the board;
9-12 (2) the member engages in misconduct, is determined to
9-13 be incompetent, neglects the member's official duties, or engages
9-14 in malfeasance;
9-15 (3) the member commits a felony or a violation of this
9-16 Act resulting in disciplinary action;
9-17 (4) the member fails without excuse to attend at least
9-18 half of the regularly scheduled meetings held in a calendar year
9-19 while the member is a member of the board; or
9-20 (5) other good and sufficient cause for removal
9-21 exists.
9-22 SECTION 9. OPEN MEETINGS; ADMINISTRATIVE PROCEDURE; PUBLIC
9-23 PARTICIPATION. (a) The board is subject to Chapters 551 and 2001,
9-24 Government Code.
9-25 (b) The board shall develop and implement policies that
9-26 provide the public with a reasonable opportunity to appear before
9-27 the board and to speak on any issue under the jurisdiction of the
10-1 board.
10-2 SECTION 10. VACANCY. If a vacancy on the board occurs, the
10-3 governor shall appoint a member to fill the unexpired term as
10-4 provided by this Act.
10-5 SECTION 11. COMPENSATION. A member of the board is entitled
10-6 to a per diem as set by the legislature for each day that the
10-7 member engages in the business of the board. A member of the board
10-8 is entitled to reimbursement for transportation and other expenses
10-9 incurred in connection with the business of the board.
10-10 SECTION 12. IMMUNITY FROM CIVIL LIABILITY. A member or
10-11 former member of the board or an agent, employee, or member of any
10-12 advisory committee appointed by the board under this Act is immune
10-13 from civil liability for any act or omission that occurred in the
10-14 person's official capacity. The attorney general shall defend a
10-15 person immune under this section in an action brought against the
10-16 board or the person for an alleged act or omission by the person.
10-17 SECTION 13. MEETINGS; OFFICERS OF BOARD. (a) The board
10-18 shall hold two or more regular meetings in each calendar year. A
10-19 special meeting may be held at a time permitted by rule of the
10-20 board.
10-21 (b) The board shall elect annually from its own membership a
10-22 chair, vice chair, and secretary-treasurer, none of whom may hold
10-23 office for more than two consecutive one-year terms. The board may
10-24 appoint an assistant secretary and other assistant officers who are
10-25 not members of the board to assist the board and exercise its
10-26 authority in carrying out its duties and responsibilities.
10-27 (c) A majority of the board constitutes a quorum.
11-1 (d) Minutes of each meeting of the board, recording the
11-2 members present and the business conducted, shall be signed and
11-3 kept by the secretary-treasurer or an assistant secretary appointed
11-4 by the board.
11-5 SECTION 14. POWERS AND DUTIES OF BOARD. (a) The board may:
11-6 (1) adopt and enforce rules consistent with this Act
11-7 and necessary for the performance of its duties;
11-8 (2) set reasonable and necessary fees to be charged
11-9 applicants and registrants under this Act; and
11-10 (3) recognize and establish specialty branches of
11-11 geological, geophysical, and soil science practice and establish
11-12 qualifications, conduct examinations, and certify specialties for
11-13 qualified applicants.
11-14 (b) The board may prepare, administer, and grade oral and
11-15 written examinations required or permitted under this Act. The
11-16 board may adopt or recognize, in part or in whole, examinations
11-17 prepared, administered, or graded by other organizations, on a
11-18 regional or national basis, that the board determines appropriate
11-19 to measure the qualifications of an applicant for registration as a
11-20 geologist, geophysicist, or soil scientist or certification in a
11-21 specialty of geology, geophysics, or soil science if:
11-22 (1) the examination questions, the correct answers,
11-23 and an individual applicant's completed examination are available
11-24 to the board; and
11-25 (2) the board retains the authority to determine a
11-26 passing grade for registration in this state.
11-27 (c) The board shall issue, renew, and reinstate certificates
12-1 of registration as provided by this Act. As a condition for
12-2 renewal of registration, the board may require evidence of the
12-3 competence of an applicant for renewal by requiring the applicant
12-4 to participate in continuing professional education on a periodic
12-5 or other basis. As a condition for reinstatement, the board may
12-6 require evidence of the competence of an applicant for
12-7 reinstatement in the practice of geology, geophysics, or soil
12-8 science by reviewing the applicant's qualifications and experience,
12-9 by requiring continuing professional education, by conducting a
12-10 reexamination on a periodic or other basis, or by other appropriate
12-11 means.
12-12 (d) The board, by rule, shall adopt a code of professional
12-13 conduct that is binding on all registrants under this Act. The
12-14 board may enforce the code by imposing sanctions as provided by
12-15 this Act.
12-16 (e) The board shall investigate all complaints of violations
12-17 of this Act as provided by this Act.
12-18 (f) The board may refuse to issue or renew or may suspend or
12-19 revoke a certificate of registration and may impose sanctions
12-20 including restrictions on the practice of a registrant or a person,
12-21 firm, or corporation practicing under this Act for a violation of
12-22 this Act or a rule adopted under this Act.
12-23 (g) The board may administer oaths and affirmations and
12-24 issue subpoenas to compel the attendance of witnesses and the
12-25 production of evidence.
12-26 (h) The board may issue cease and desist orders and seek
12-27 injunctions against a violation of this Act or a rule adopted under
13-1 this Act.
13-2 (i) The board shall recognize the use of the designations
13-3 "Certified Professional Geologist" or "C.P.G." as used by the AIPG,
13-4 "Certified Petroleum Geologist" or "C.P.G." as used by the AAPG,
13-5 "Certified Earth Scientist" or "C.E.S." as used by SIPES,
13-6 "Certified Professional Soil Scientist" or "C.P.S.S." as used by
13-7 the ARCPACS and the use of the designation "Certified Geologist,"
13-8 "Certified Geophysicist," "Certified Soil Scientist," or any
13-9 similar designation used by a professional geological, geophysical,
13-10 or soil science organization, society, or association recognized by
13-11 the board, if:
13-12 (1) the organization's, society's, or association's
13-13 requirements for certification are comparable to the educational
13-14 and experience requirements of this Act and are otherwise
13-15 acceptable to the board;
13-16 (2) the full name or recognized abbreviation of the
13-17 organization, society, or association granting the certification is
13-18 stated following or in conjunction with the use of the designation
13-19 or abbreviation; and
13-20 (3) the designation or abbreviation is not used in a
13-21 manner that is misleading or that creates an impression that the
13-22 person is licensed to practice geology, geophysics, or soil science
13-23 before the public unless the person is registered under this Act.
13-24 (j) The board shall recognize the use of the designations
13-25 "geological engineer," "geotechnical engineer," "hydraulic
13-26 engineer," and "agricultural engineer" as legitimate engineering
13-27 titles separate from geology, geophysics, or soil science or a
14-1 specialty of geology, geophysics, or soil science and requiring
14-2 registration as a professional engineer.
14-3 (k) The board may enter into agreements with boards of
14-4 registration in other states and other appropriate organizations,
14-5 societies, associations, and agencies to develop uniform standards
14-6 for:
14-7 (1) the registration of geologists, geophysicists, and
14-8 soil scientists;
14-9 (2) accrediting educational programs;
14-10 (3) establishing reciprocity and temporary
14-11 registrations;
14-12 (4) developing regional or national examinations;
14-13 (5) evaluating applicants; and
14-14 (6) other purposes consistent with this Act.
14-15 (l) The board may appoint committees, employ personnel,
14-16 employ contractors and consultants, lease or purchase furnishings,
14-17 equipment, and supplies, lease office space, and incur other
14-18 similar expenses in connection with the administration of this Act.
14-19 SECTION 15. EXECUTIVE DIRECTOR; OFFICES. (a) The board
14-20 shall appoint an executive director, who shall be responsible for
14-21 managing the day-to-day affairs of the board, including:
14-22 (1) arranging for and supervising the necessary
14-23 support, secretarial, and clerical services;
14-24 (2) obtaining space for holding examinations,
14-25 meetings, and conferences;
14-26 (3) printing or purchasing examinations;
14-27 (4) printing and mailing forms, information, and
15-1 certificates;
15-2 (5) sending notices, collecting fees, and issuing
15-3 receipts;
15-4 (6) conducting the correspondence of the board,
15-5 including replying to routine requests for information;
15-6 (7) maintaining the minutes and records of the board;
15-7 (8) keeping records of receipts and disbursements; and
15-8 (9) providing necessary investigative services.
15-9 (b) The board shall maintain an official office and address
15-10 within the city of Austin to conduct its business.
15-11 SECTION 16. RECEIPTS AND DISBURSEMENTS; FUND. (a) The
15-12 executive director shall receive, administer, and account for all
15-13 money received under this Act and shall transfer the funds to the
15-14 comptroller.
15-15 (b) All funds paid to the board under this Act shall be
15-16 deposited in a special fund, known as the "geoscientists fund."
15-17 The geoscientists fund shall be maintained in accordance with the
15-18 accounting procedures of, and shall be subject to audit by, the
15-19 state auditor. Interest earned on money deposited in the
15-20 geoscientists fund shall be credited to the geoscientists fund.
15-21 (c) All expenses incurred by the board in the administration
15-22 and enforcement of this Act shall be paid from the geoscientists
15-23 fund.
15-24 (d) The executive director shall file an annual report of
15-25 all receipts, expenditures, and fund balances with the comptroller.
15-26 (e) The expenses and income shall be balanced and subject to
15-27 yearly audits by the state auditor. Any unexpended balance
16-1 remaining in the fund at the end of the fiscal year lapses to the
16-2 general revenue fund.
16-3 SECTION 17. ROSTER AND SPECIALTIES LIST. (a) The board
16-4 shall maintain a roster stating the name and place of business of
16-5 each registered professional geologist, geophysicist, and soil
16-6 scientist and board certified specialty geologist, geophysicist,
16-7 and soil scientist practicing under a certificate of registration
16-8 issued by the board. Copies of the roster shall be kept on file
16-9 with the board and shall be furnished on request to a state agency,
16-10 a county or municipal clerk or building official, and a
16-11 registration or certificate holder. A copy of the roster shall
16-12 also be furnished to any person on written request, subject to
16-13 payment of a reasonable fee set by the board and any applicable
16-14 state taxes.
16-15 (b) The board shall maintain a list of recognized
16-16 specialties of geology, geophysics, and soil science in which
16-17 certification is recognized by the board under this Act and
16-18 professional geological, geophysical, and soil science
16-19 organizations, societies, and associations recognized by the board.
16-20 (c) The board shall maintain a list of each state,
16-21 territory, or possession of the United States, the District of
16-22 Columbia, and each foreign country in which the requirements and
16-23 qualifications for registration are comparable to those established
16-24 in this state and with which a reciprocity agreement exists.
16-25 SECTION 18. REGISTRATION REQUIRED. (a) Unless exempted by
16-26 this Act, a person may not engage in the public practice of
16-27 geology, geophysics, or soil science or a specialty of geology,
17-1 geophysics, or soil science without a certificate of registration
17-2 issued under this Act.
17-3 (b) A person may not use the term "registered professional
17-4 geologist," "registered professional geophysicist," or "registered
17-5 professional soil scientist," claim to have a specialty in geology,
17-6 geophysics, or soil science as part of a professional, business, or
17-7 commercial identification or title, or otherwise hold out to the
17-8 public that the person is qualified to practice as a geologist,
17-9 geophysicist, or soil scientist or to engage in the practice of
17-10 geology, geophysics, or soil science or a specialty of geology,
17-11 geophysics, or soil science unless the person is registered under
17-12 this Act.
17-13 (c) A person may not prepare or supervise the preparation of
17-14 a geological, geophysical, or soil science report or a geological,
17-15 geophysical, or soil science portion of a report required by
17-16 municipal or county ordinance, state or federal law, state agency
17-17 rule, or federal regulation that incorporates or is based on a
17-18 geological, geophysical, or soil study or geological, geophysical,
17-19 or soil data unless the person is registered as a geologist,
17-20 geophysicist, or soil scientist under this Act.
17-21 (d) The state or a political subdivision of the state may
17-22 not contract for geological, geophysical, or soil science services
17-23 with a person other than a person registered under this Act or with
17-24 a business entity other than a business entity that employs
17-25 geologists, geophysicists, or soil scientists registered under this
17-26 Act who shall be responsible for the geological, geophysical, or
17-27 soil science work performed by the business entity.
18-1 SECTION 19. APPLICATION REQUIREMENTS. (a) An applicant for
18-2 registration as a geologist, geophysicist, or soil scientist, in a
18-3 specialty of geology, geophysics, or soil science, or for temporary
18-4 or reciprocal registration must apply on a form prescribed by the
18-5 board that is signed and sworn to by the applicant before a notary
18-6 public.
18-7 (b) An application must be accompanied by the appropriate
18-8 application fee and include:
18-9 (1) information concerning the applicant's education;
18-10 (2) a detailed summary of the applicant's geological,
18-11 geophysical, or soil science work experience, including work in a
18-12 specialty in which the applicant seeks certification;
18-13 (3) a signed statement that the applicant has read and
18-14 will comply with the code of professional conduct; and
18-15 (4) not fewer than five reference letters, of which
18-16 not fewer than three are from geologists, geophysicists, or soil
18-17 scientists having personal knowledge of the applicant's geological,
18-18 geophysical, or soil science experience.
18-19 (c) An applicant must pay a fee for application,
18-20 examination, registration, and renewal of a certificate of
18-21 registration, in addition to any other fee required by the board.
18-22 SECTION 20. GEOLOGIST REGISTRATION REQUIREMENTS. To be
18-23 registered as a geologist, an applicant must:
18-24 (1) be of good moral and ethical character as attested
18-25 to by letters of reference submitted on behalf of the applicant or
18-26 as otherwise determined by the board;
18-27 (2) have graduated from a course of study in geology
19-1 or geoscience satisfactory to the board or from a program
19-2 accredited by an organization recognized by the board, of four or
19-3 more years' duration including at least 30 semester or 45 quarter
19-4 hours of credit, with a major in geology or geoscience or a
19-5 geological specialty or have satisfactorily completed other
19-6 equivalent educational requirements as determined by the board;
19-7 (3) have a documented record of a minimum of four
19-8 years of satisfactory work experience in geology or a specialty of
19-9 geology obtained after completing the academic requirements of a
19-10 bachelor of science degree from an approved or accredited college
19-11 or university or have a documented record of not less than six
19-12 years of satisfactory work experience in geology or a specialty of
19-13 geology obtained after completing the academic requirements of a
19-14 bachelor of arts degree from an approved or accredited college or
19-15 university that demonstrates that the applicant is qualified to
19-16 assume responsible charge for geological work on registration as a
19-17 geologist, two years of which work experience may be required by
19-18 the board to have been gained under the supervision of a geologist
19-19 registered in this state or another state or gained under the
19-20 supervision of another person who, in the opinion of the board, is
19-21 qualified to have responsible charge of geological work;
19-22 (4) have passed an examination covering the
19-23 fundamentals and practice of geology required by the board; and
19-24 (5) meet other general or individual requirements
19-25 established by the board under this Act.
19-26 SECTION 21. GEOPHYSICIST REGISTRATION REQUIREMENTS. To be
19-27 registered as a geophysicist, an applicant must:
20-1 (1) be of good moral and ethical character as attested
20-2 to by letters of reference submitted on behalf of the applicant or
20-3 as otherwise determined by the board;
20-4 (2) have graduated from a course of study in
20-5 geophysics, geophysical science, or another discipline that in the
20-6 board's opinion is relevant to geophysics or from a program
20-7 accredited by an organization recognized by the board, of four or
20-8 more years' duration including at least 30 semester or 45 quarter
20-9 hours of credit, with a major in geophysics or geoscience or a
20-10 geophysical specialty or have satisfactorily completed other
20-11 equivalent educational requirements as determined by the board;
20-12 (3) have a documented record of a minimum of four
20-13 years of satisfactory work experience in geophysics or a specialty
20-14 of geophysics obtained after completing the academic requirements
20-15 of a bachelor of science degree from an approved or accredited
20-16 institution of higher learning or have a documented record of not
20-17 less than six years of satisfactory work experience in geophysics
20-18 or a specialty of geophysics obtained after completing the academic
20-19 requirements of a bachelor of arts degree from an approved or
20-20 accredited college or university that demonstrates that the
20-21 applicant is qualified to assume responsible charge for geophysical
20-22 work on registration as a geophysicist, two years of which work
20-23 experience may be required by the board to have been gained under
20-24 the supervision of a geophysicist registered in this state or
20-25 another state or gained under the supervision of another person
20-26 who, in the opinion of the board, is qualified to have responsible
20-27 charge of geophysical work;
21-1 (4) have passed an examination covering the
21-2 fundamentals and practice of geophysics required by the board; and
21-3 (5) meet other general or individual requirements
21-4 established by the board under this Act.
21-5 SECTION 22. SOIL SCIENTIST REGISTRATION REQUIREMENTS. To be
21-6 registered as a soil scientist, an applicant must:
21-7 (1) be of good moral and ethical character as attested
21-8 to by letters of reference submitted on behalf of the applicant or
21-9 as otherwise determined by the board;
21-10 (2) have graduated from a course of study in soil
21-11 science satisfactory to the board or from a program accredited by
21-12 an organization recognized by the board, of four or more years'
21-13 duration and including at least 30 semester or 45 quarter hours of
21-14 credit, with a major in soil science, or have satisfactorily
21-15 completed other equivalent educational requirements as determined
21-16 by the board;
21-17 (3) have a documented record of a minimum of four
21-18 years of satisfactory work experience in soil science after
21-19 completing the academic requirements of a bachelor of science
21-20 degree from an approved or accredited institution of higher
21-21 learning or have a documented record of not less than four years of
21-22 satisfactory work experience in soil science obtained after
21-23 completing the academic requirements of a bachelor of arts degree
21-24 from an approved or accredited college or university that
21-25 demonstrates that the applicant is qualified to assume responsible
21-26 charge for soil science work on registration as a soil scientist,
21-27 two years of which work experience may be required by the board to
22-1 have been gained under the supervision of a soil scientist
22-2 registered in this state or another state or gained under the
22-3 supervision of another person who, in the opinion of the board, is
22-4 qualified to have responsible charge of soil science work;
22-5 (4) have passed a Soil Science Society of America
22-6 examination or an equivalent examination covering the fundamentals
22-7 and practice of soil science required by the board; and
22-8 (5) meet other general or individual requirements
22-9 established by the board under this Act.
22-10 SECTION 23. REQUIREMENTS FOR GEOLOGICAL, GEOPHYSICAL, OR
22-11 SOIL SCIENCE SPECIALTY CERTIFICATION. An applicant for
22-12 certification in a geological, geophysical, or soil science
22-13 specialty must meet the following requirements in addition to
22-14 meeting the requirements of Section 20, 21, or 22 of this Act, as
22-15 appropriate:
22-16 (1) successful completion of 12 semester or 16 quarter
22-17 hours of advanced study in the specialty at an academic institution
22-18 acceptable to the board or completion of an equivalent amount of
22-19 professional experience acceptable to the board;
22-20 (2) have experience including a documented record of
22-21 six or more years of experience with not less than four years in
22-22 the specialty after completing the academic requirements of this
22-23 section in geological, geophysical, or soil science work, as
22-24 appropriate, of a nature satisfactory to the board that
22-25 demonstrates that the applicant is qualified to assume responsible
22-26 charge of the specialty work on certification in the specialty and
22-27 not less than two years of the experience gained under the
23-1 supervision of a geologist, geophysicist, or soil scientist
23-2 certified in the specialty in this state or another state or under
23-3 the supervision of another person whom the board determines to be
23-4 qualified to have responsible charge of geological, geophysical, or
23-5 soil science work in the specialty or, as an alternative to the two
23-6 years of experience under the supervision of a geologist,
23-7 geophysicist, or soil scientist certified in the specialty, the
23-8 board may accept three reference letters from board certified
23-9 specialty geologists, geophysicists, or soil scientists in the
23-10 specialty; and
23-11 (3) have passed an examination required by the board
23-12 in the specialty.
23-13 SECTION 24. QUALIFYING EXPERIENCE. The following standards
23-14 shall be applied in evaluating the experience of an applicant for
23-15 registration in the practice of geology, geophysics, or soil
23-16 science or for a specialty certification under Sections 20-23 of
23-17 this Act:
23-18 (1) each year of professional practice acceptable to
23-19 the board, under the direct supervision of a geologist,
23-20 geophysicist, or soil scientist, as appropriate, who is registered
23-21 in this state or in another state under requirements for
23-22 registration that are comparable to those in this Act or under the
23-23 direct supervision of a geologist, geophysicist, or soil scientist,
23-24 as appropriate, who meets the educational and experience
23-25 requirements for registration but is not required to be registered
23-26 under this Act constitutes one year of professional experience in
23-27 geology, geophysics, or soil science;
24-1 (2) each year of professional specialty geological,
24-2 geophysical, or soil science practice acceptable to the board under
24-3 the direct supervision of a specialty geologist, specialty
24-4 geophysicist, or specialty soil scientist who is certified in the
24-5 specialty under this Act or who is registered or certified as a
24-6 specialty geologist, specialty geophysicist, or specialty soil
24-7 scientist under comparable requirements in another state, under a
24-8 civil engineer or geological engineer registered in this state or
24-9 another state, or under a specialty geologist, specialty
24-10 geophysicist, or specialty soil scientist who meets the educational
24-11 and experience requirements for registration but is not required to
24-12 be registered under this Act constitutes one year of practice in a
24-13 specialty in geology, geophysics, or soil science; and
24-14 (3) a year of experience in professional practice
24-15 acceptable to the board and acquired before September 1, 1998,
24-16 constitutes one year of experience in professional practice if the
24-17 experience:
24-18 (A) was acquired under the direct supervision of
24-19 a geologist, geophysicist, or soil scientist, as appropriate, who
24-20 meets the educational and experience requirements for registration
24-21 under this Act or is registered under comparable requirements in
24-22 another state; or
24-23 (B) would constitute the responsible charge of
24-24 professional work in geology, geophysics, or soil science, as
24-25 appropriate, as determined by the board.
24-26 SECTION 25. GRADUATE STUDY, RESEARCH, AND TEACHING
24-27 EXPERIENCE. (a) Each year of full-time graduate study in the
25-1 geological, geophysical, or soil sciences or in a specialty of
25-2 geology, geophysics, or soil science that is acceptable to the
25-3 board constitutes one year of professional experience in geology,
25-4 geophysics, or soil science, or the applicable specialty of
25-5 geology, geophysics, or soil science. No more than two years of
25-6 full-time graduate study may be accepted by the board for
25-7 professional experience for a single applicant.
25-8 (b) The board may accept geological, geophysical, or soil
25-9 science research or teaching by a person studying geology,
25-10 geophysics, or soil science, or a geological, geophysical, or soil
25-11 science specialty at the college or university level as qualifying
25-12 experience if the research or teaching, in the judgment of the
25-13 board, is comparable to experience obtained in the practice of
25-14 geology, geophysics, or soil science or a specialty of geology,
25-15 geophysics, or soil science.
25-16 SECTION 26. REGISTRATION WITHOUT EXAMINATION. (a) The
25-17 board shall adopt rules relating to the registration of a person
25-18 holding a valid certificate of registration or license for the
25-19 practice of geology, geophysics, or soil science or a recognized
25-20 specialty of geology, geophysics, or soil science issued under the
25-21 law of another state or a territory or possession of the United
25-22 States, the District of Columbia, or a foreign country, without
25-23 requiring the person to meet the examination requirements of
25-24 Sections 20-23 of this Act.
25-25 (b) The board may issue a certificate of registration to an
25-26 applicant who provides proof of registration or licensure under
25-27 requirements that the board determines to be substantially similar
26-1 to those established by this Act and who pays the required fees.
26-2 SECTION 27. TEMPORARY REGISTRATION. A person who is not a
26-3 resident of this state and does not have an established place of
26-4 business in this state who seeks to practice geology, geophysics,
26-5 or soil science in this state for a time not to exceed 90 days
26-6 after the date of registration or an applicant for reciprocal
26-7 registration who seeks to practice geology, geophysics, or soil
26-8 science pending a determination on the reciprocity application may
26-9 be issued a temporary registration certificate authorizing
26-10 temporary practice in this state if the person:
26-11 (1) applies for temporary registration to the board,
26-12 provides proof of registration in another state, the District of
26-13 Columbia, a territory or possession of the United States, or a
26-14 foreign country, and pays the required fees;
26-15 (2) agrees to comply with the signature requirements
26-16 of Section 34(b) of this Act and to affix the person's seal from
26-17 the jurisdiction where the person is registered or licensed on all
26-18 work completed while practicing under the temporary registration;
26-19 and
26-20 (3) files the required information and reports and
26-21 complies with other requirements established by the board
26-22 concerning the person's temporary practice.
26-23 SECTION 28. WAIVER OF REQUIREMENTS. (a) In an individual
26-24 case, the board may waive any of the requirements for registration
26-25 by a two-thirds vote of the entire board, except for the payment of
26-26 a required fee, on the written request of the applicant and on a
26-27 showing of good cause if the board determines that the applicant is
27-1 otherwise qualified for registration as a geologist, geophysicist,
27-2 or soil scientist or for certification in a specialty of geology,
27-3 geophysics, or soil science.
27-4 (b) The requirements waived under this section and the basis
27-5 for the waiver must be recorded in the applicant's record and in
27-6 the proceedings of the board.
27-7 SECTION 29. DENIAL OF REGISTRATION. (a) The board may deny
27-8 registration for an applicant who fails to satisfy a requirement of
27-9 this Act or on a determination by the board that there is probable
27-10 cause to believe that an applicant has violated this Act or a
27-11 provision the registrant would be subject to in this Act or a
27-12 comparable provision in the registration law of another state.
27-13 (b) The board may not issue a certificate of registration
27-14 pending the disposition of a complaint alleging a violation in this
27-15 or another state if the board has notice of the alleged violation.
27-16 (c) An applicant who is denied registration must be notified
27-17 of the reason for denial in writing not later than the 30th day
27-18 after the date of the board's decision. Not later than the 30th
27-19 day after the date of receipt of the notice, the applicant may make
27-20 a written request for a hearing. In the absence of a request for a
27-21 hearing, the board's action is final.
27-22 SECTION 30. CONTINUING EDUCATION. To renew a registration
27-23 as a professional geologist, geophysicist, or soil scientist or
27-24 certification as a specialty geologist, geophysicist, or soil
27-25 scientist, an applicant for renewal must meet the continuing
27-26 education requirements for renewal established by the board.
27-27 SECTION 31. CERTIFICATES AND SEALS. (a) The board shall
28-1 issue an appropriate certificate of registration to a registered
28-2 professional geologist, geophysicist, or soil scientist and a
28-3 specialty certification to an applicant who meets the requirements
28-4 of this Act for registration as a geologist, geophysicist, or soil
28-5 scientist or for board certification in a specialty of geology,
28-6 geophysics, or soil science on payment of the applicable
28-7 registration fee.
28-8 (b) The certificate must show the full name of the
28-9 registrant, have a serial number, and be signed by an appropriate
28-10 officer of the board under the board's seal.
28-11 (c) The issuance by the board of a certificate of
28-12 registration is prima facie evidence that while the certificate is
28-13 valid the person named on the certificate is entitled to all rights
28-14 and privileges of a registered professional geologist,
28-15 geophysicist, or soil scientist, or a board certified specialty
28-16 geologist, geophysicist, or soil scientist and is entitled to
28-17 practice geology, geophysics, or soil science as a firm or
28-18 corporation.
28-19 (d) A certificate and seal issued to a holder of a specialty
28-20 certificate must:
28-21 (1) clearly identify the specialty certification; and
28-22 (2) be distinct from a certificate and seal issued to
28-23 a holder of a certificate who does not have a specialty
28-24 certificate.
28-25 SECTION 32. REGISTRATION DURATION; EXPIRATION. (a) A
28-26 certificate of registration is valid for a period not to exceed
28-27 three years and expires according to a schedule established by the
29-1 board.
29-2 (b) The board shall notify each certificate holder of the
29-3 date of expiration of the person's certificate and the amount of
29-4 the fee required for renewal not later than the 60th day before the
29-5 date of expiration.
29-6 (c) On expiration, a certificate is invalid and may not be
29-7 renewed except as provided by this Act.
29-8 SECTION 33. REGISTRATION RENEWAL. (a) The board shall
29-9 renew or reissue a certificate of registration for a registrant who
29-10 before the expiration date of the certificate or within a period
29-11 not to exceed 60 days after the expiration as determined by the
29-12 board:
29-13 (1) submits the required renewal application and fee
29-14 and a penalty for late renewal if required; and
29-15 (2) meets the requirements for renewal established by
29-16 the board.
29-17 (b) The board, by rule, may establish conditions and fees
29-18 for the reissuance of certificates of registration that have
29-19 lapsed, expired, or been suspended or revoked.
29-20 (c) The board shall reissue a new certificate to replace any
29-21 certificate of registration that has been lost, destroyed, or
29-22 mutilated, subject to the rules and fees adopted by the board.
29-23 SECTION 34. REGISTRANT'S SEAL. (a) On registration, a
29-24 registrant must obtain a seal of a design established by the board
29-25 bearing the registrant's name, registration or certification
29-26 number, the words "Registered Professional Geologist," "Registered
29-27 Professional Geophysicist," or "Registered Professional Soil
30-1 Scientist" and words that indicate any specialty in which the
30-2 individual may be certified.
30-3 (b) Geological, geophysical, and soil science reports,
30-4 documents, and other records as defined by the board that are
30-5 offered to the public and prepared or issued by or under the
30-6 supervision of a registered professional geologist, geophysicist,
30-7 or soil scientist or by a subordinate under the supervision of a
30-8 registered professional geologist, geophysicist, or soil scientist
30-9 must include the full name, signature, and registration number of
30-10 the registrant who prepared the document or under whose supervision
30-11 it was prepared and an impression of the registrant's seal in
30-12 accordance with rules adopted by the board. Documents that are
30-13 required to be prepared or issued by or under the direction of a
30-14 geologist, geophysicist, or soil scientist certified in a specialty
30-15 must be similarly signed and sealed.
30-16 SECTION 35. EXEMPTIONS; APPLICATION OF ACT. (a) The
30-17 following activities do not require registration under this Act:
30-18 (1) geological, geophysical, or soil science work
30-19 performed by an employee or a subordinate of a registrant under
30-20 this Act, if the work does not include the responsible charge of
30-21 geological, geophysical, or soil science work and is performed
30-22 under the direct supervision of a registered professional
30-23 geologist, geophysicist, or soil scientist who is responsible for
30-24 the work;
30-25 (2) geological, geophysical, or soil science work
30-26 performed by an officer or employee of the United States practicing
30-27 solely as such an officer or employee;
31-1 (3) geological, geophysical, or soil science work
31-2 performed exclusively in exploring for and developing energy
31-3 resources, base metals, precious and nonprecious minerals,
31-4 including sand, gravel, and aggregate, provided such work is done
31-5 in and for the benefit of private industry;
31-6 (4) geological, geophysical, or soil science research
31-7 conducted through an academic institution, a state or federal
31-8 governmental agency, a nonprofit research institution, or a
31-9 for-profit organization that includes submitting a report on the
31-10 research to a public agency unless the work is covered by Section
31-11 18(c) of this Act;
31-12 (5) teaching geology, geophysics, or soil science or a
31-13 related physical or natural science except for teaching an advanced
31-14 course in geology, geophysics, or soil science that may be intended
31-15 to qualify as a course requirement for specialty certification;
31-16 (6) the acquisition of geotechnical data involving
31-17 soil, rock, groundwater, and other earth materials, evaluating the
31-18 physical and chemical properties of soil, rock, groundwater, and
31-19 other earth materials, or the use of data in analysis, design, and
31-20 construction by a professional engineer registered in this state;
31-21 (7) work customarily performed by a physical or
31-22 natural scientist including a chemist, an archaeologist, a
31-23 geographer, and an oceanographer, if the work does not include the
31-24 planning and execution of a geological, geophysical, or soil
31-25 science investigation or involve the scientist being in responsible
31-26 charge of geological, geophysical, or soil science or specialty
31-27 geological, geophysical, or soil science work or require drawing
32-1 geological, geophysical, or soil science conclusions or making
32-2 recommendations that significantly affect the public health,
32-3 safety, or welfare;
32-4 (8) testifying or preparing and presenting an exhibit
32-5 or document for the sole purpose of being placed in evidence before
32-6 an administrative or judicial tribunal or hearing, if the
32-7 testimony, exhibit, or document does not imply that the person is
32-8 registered under this Act; and
32-9 (9) evaluation by a hearing examiner of an exhibit or
32-10 document offered or placed in evidence before an administrative
32-11 tribunal.
32-12 (b) This Act does not permit the practice of engineering, as
32-13 that practice is defined by The Texas Engineering Practice Act
32-14 (Article 3271a, Vernon's Texas Civil Statutes), by a registered
32-15 professional geologist, geophysicist, or soil scientist or a
32-16 specialty geologist, geophysicist, or soil scientist.
32-17 (c) A recommendation, design, analysis, redesign, review and
32-18 evaluation, supervision, or summary analysis of an engineered
32-19 structure or work that requires engineering education, training,
32-20 and experience in the application of special knowledge of
32-21 mathematical, physical, or engineering sciences is engineering and
32-22 is subject to The Texas Engineering Practice Act (Article 3271a,
32-23 Vernon's Texas Civil Statutes).
32-24 (d) This Act does not permit the performance of an
32-25 engineering analysis supporting an engineering design by a
32-26 registered professional geologist, geophysicist, or soil scientist
32-27 or specialty geologist, geophysicist, or soil scientist unless the
33-1 action is under the supervision of a registered professional
33-2 engineer.
33-3 (e) This Act does not permit a registered professional
33-4 geologist, geophysicist, or soil scientist or specialty geologist,
33-5 geophysicist, or soil scientist to provide construction quality
33-6 control and evaluation, unless already provided under an existing
33-7 regulation, or to design, develop, or review and evaluate a plan
33-8 and specification for an engineered structure or work to the extent
33-9 that the performance of the services requires engineering
33-10 education, training, or experience in the application of special
33-11 knowledge of the mathematical, physical, or engineering sciences.
33-12 Engineered structures or work include a building, utility, machine,
33-13 equipment, engineered process, engineered product, device, liner,
33-14 or project designed or constructed, regardless of whether the
33-15 structure or work is constructed of earthen or man-made material.
33-16 (f) With regard to an environmental and pollution
33-17 remediation project, this Act:
33-18 (1) permits the characterization, study, appraisal,
33-19 and investigation of the project by a certificate holder; and
33-20 (2) does not permit the design, development, or review
33-21 and evaluation of an engineered structure, work, or process or
33-22 related constructed improvements used in the extraction and
33-23 management of waste to the extent that the performance of the
33-24 services requires engineering education, training, or experience in
33-25 the application of special knowledge of the mathematical, physical,
33-26 or engineering sciences.
33-27 (g) Nothing in Subsections (c)-(f) of this section expands
34-1 the scope of The Texas Engineering Practice Act (Article 3271a,
34-2 Vernon's Texas Civil Statutes) or prohibits a registered
34-3 professional geologist, geophysicist, or soil scientist or a
34-4 specialty geologist, geophysicist, or soil scientist from
34-5 performing a public or private service or creative work that does
34-6 not require engineering education, training, or experience in the
34-7 application of special knowledge of the mathematical, physical, or
34-8 engineering sciences.
34-9 SECTION 36. PRACTICE OF GEOLOGY, GEOPHYSICS, OR SOIL SCIENCE
34-10 BY FIRM OR CORPORATION. (a) A firm or corporation may not engage
34-11 in the public practice of geology, geophysics, or soil science or a
34-12 specialty of geology, geophysics, or soil science except for:
34-13 (1) geological, geophysical, or soil science work
34-14 performed by or under the supervision of a geologist, geophysicist,
34-15 or soil scientist registered to practice geology, geophysics, or
34-16 soil science or certified in an applicable specialty of geology,
34-17 geophysics, or soil science who is in responsible charge of the
34-18 work and who signs and seals all documents as required by this Act;
34-19 and
34-20 (2) a firm or corporation the principal business of
34-21 which is the public practice of geology, geophysics, or soil
34-22 science as determined by board rule if a principal of the firm or
34-23 an officer or director of the corporation is registered as a
34-24 professional geologist, geophysicist, or soil scientist and has
34-25 overall supervision and control of the geological, geophysical, or
34-26 soil science work performed in this state.
34-27 (b) A firm or corporation permitted to engage in the public
35-1 practice of geology, geophysics, or soil science or a specialty of
35-2 geology, geophysics, or soil science is subject to the rules of the
35-3 board that pertain to the practice of geology, geophysics, or soil
35-4 science or a specialty of geology, geophysics, or soil science by a
35-5 firm or corporation.
35-6 (c) Except as provided by this section, a person, firm, or
35-7 corporation may not hold out to the public that the person, firm,
35-8 or corporation is a registered professional geologist, registered
35-9 professional geophysicist, or registered professional soil
35-10 scientist, board certified in a specialty of geology, geophysics,
35-11 or soil science, or able to perform geological, geophysical, or
35-12 soil science services or prepare a report or other document that
35-13 requires the signature and seal of a registrant under this Act.
35-14 SECTION 37. DISCIPLINE AND ENFORCEMENT. (a) The board may
35-15 take the following disciplinary actions:
35-16 (1) deny renewal of a certificate of registration;
35-17 (2) permanently revoke the certificate of registration
35-18 of a registration holder;
35-19 (3) suspend the certificate of registration of a
35-20 registration holder for a specified time, not to exceed three
35-21 years, to take effect immediately notwithstanding an appeal if the
35-22 board determines that the registration holder's continued practice
35-23 constitutes an imminent danger to the public health, welfare, and
35-24 safety;
35-25 (4) issue a public or private reprimand to an
35-26 applicant, a registration holder, or a person, firm, or corporation
35-27 practicing geology, geophysics, or soil science under this Act;
36-1 (5) impose limitations, conditions, or restrictions on
36-2 the practice of an applicant, a registration holder, or a person,
36-3 firm, or corporation practicing geology, geophysics, or soil
36-4 science under this Act;
36-5 (6) require that a registration holder participate in
36-6 a peer review program under rules adopted by the board;
36-7 (7) require that a registration holder obtain remedial
36-8 education and training as prescribed by the board;
36-9 (8) impose probation on a registration holder
36-10 requiring regular reporting to the board;
36-11 (9) require restitution, in whole or in part, of
36-12 compensation or fees earned by a registration holder or a person,
36-13 firm, or corporation practicing geology, geophysics, or soil
36-14 science under this Act; and
36-15 (10) impose an appropriate administrative penalty for
36-16 each violation of this Act or a rule adopted under this Act.
36-17 (b) The board may impose appropriate sanctions for:
36-18 (1) the practice of any fraud or deceit in obtaining
36-19 certification from an organization described in Section 14(i) of
36-20 this Act or in obtaining a certificate of registration as a
36-21 geologist, geophysicist, or soil scientist or in a specialty of
36-22 geology, geophysics, or soil science;
36-23 (2) incompetency, misconduct, fraud, gross negligence,
36-24 or repeated incidents of negligence in the public practice of
36-25 geology, geophysics, or soil science;
36-26 (3) conviction of a felony or a crime involving moral
36-27 turpitude;
37-1 (4) the imposition of an administrative, civil, or
37-2 criminal fine, or the imposition of a sentence of imprisonment or
37-3 probation instead of a fine, for a misdemeanor relating to or
37-4 arising out of the public practice of geology, geophysics, or soil
37-5 science;
37-6 (5) the issuance of a cease and desist order or a
37-7 similar sanction relating to or arising out of the public practice
37-8 of geology, geophysics, or soil science;
37-9 (6) using the seal of another person or using or
37-10 allowing the use of the registration holder's seal on geological,
37-11 geophysical, or soil science work not performed by or under the
37-12 supervision of the registration holder;
37-13 (7) aiding or abetting a person in the violation of
37-14 this Act;
37-15 (8) the revocation or suspension of a certificate of
37-16 registration, the denial of renewal of a certificate of
37-17 registration, or other disciplinary action taken by a state agency,
37-18 board of registration, or similar licensing agency for geologists,
37-19 geophysicists, or soil scientists or a profession or occupation
37-20 related to the public practice of geology, geophysics, or soil
37-21 science; however, the sanction imposed by the board under this
37-22 subdivision may not exceed in severity or duration the sanction on
37-23 which the action is based;
37-24 (9) a mental or physical disability, including a
37-25 dependence on or addiction to alcohol or a legal or illegal drug,
37-26 that substantially interferes with the individual's ability to
37-27 assume the responsible charge of and responsibility for geological,
38-1 geophysical, or soil science work; however, a sanction imposed
38-2 under this subdivision may not violate a state or federal law
38-3 relating to the rights of a person with a disability;
38-4 (10) practicing or offering to practice geology,
38-5 geophysics, or soil science or holding out to the public that the
38-6 person or the person's firm or corporation is registered or
38-7 qualified to practice geology, geophysics, or soil science if the
38-8 person is not registered under this Act or the person's firm or
38-9 corporation does not employ a registered professional geologist,
38-10 registered professional geophysicist, or registered professional
38-11 soil scientist as required by this Act;
38-12 (11) practicing or offering to practice a specialty of
38-13 geology, geophysics, or soil science recognized by the board or
38-14 holding out to the public that the person or the person's firm or
38-15 corporation is certified in or qualified to practice a specialty of
38-16 geology, geophysics, or soil science if the person is not certified
38-17 in that specialty under this Act or the person's firm or
38-18 corporation does not employ a geologist, geophysicist, or soil
38-19 scientist certified in that specialty to be in responsible charge
38-20 of the specialty work as required by this Act; or
38-21 (12) violating this Act, a rule adopted under this
38-22 Act, including the code of professional conduct, or a comparable
38-23 provision of the laws or rules regulating the practice of geology,
38-24 geophysics, or soil science in another state or country.
38-25 SECTION 38. COMPLAINTS; INVESTIGATION. (a) A person may
38-26 bring a complaint alleging a violation of this Act or a rule
38-27 adopted under this Act.
39-1 (b) The board shall investigate all complaints brought to
39-2 its attention and may employ investigators, expert witnesses, and
39-3 hearing officers, appoint advisory committees, and conduct hearings
39-4 to determine whether disciplinary or other action should be taken.
39-5 (c) A complaint must be made in writing, be sworn to by the
39-6 person making the complaint, and be filed with the board's
39-7 secretary.
39-8 (d) A person who reports or provides information to the
39-9 board in good faith is not subject to an action for civil damages.
39-10 (e) The board, on its own motion and on a finding of
39-11 probable cause following its investigation, may direct the
39-12 secretary to file a verified complaint charging a person with a
39-13 violation of this Act or a rule adopted under this Act. The board
39-14 shall hear all charges, except for a charge that the board
39-15 determines to be unfounded or unsupported by the evidence
39-16 submitted.
39-17 SECTION 39. REPORT OF DISCIPLINARY ACTION. (a) The board
39-18 shall report disciplinary actions taken by the board to appropriate
39-19 regulatory officials in this state, to any other registration or
39-20 licensing board or organization acting on behalf of a registration
39-21 or licensing board in another state, or to an appropriate state or
39-22 federal law enforcement agency if the board determines that a
39-23 violation of laws enforced by the agency receiving the report may
39-24 have occurred.
39-25 (b) The board shall report a disciplinary action taken by
39-26 the board to appropriate law enforcement authorities if the board
39-27 believes that the violation prompting the disciplinary action
40-1 constitutes a criminal offense.
40-2 (c) The records of the board's disciplinary actions may be
40-3 released by the board to a law enforcement agency or a licensing or
40-4 registration board in this state or another state on written
40-5 request.
40-6 (d) The board shall issue public notice of all suspensions
40-7 and revocations of certificates of registration, including a
40-8 suspension, surrender of a certificate, or revocation, obtained
40-9 informally or by consent, in an annual report or another
40-10 publication selected by the board. A report under this subsection
40-11 may not include an expiration or revocation of a registration based
40-12 solely on the failure of the registration holder to renew the
40-13 certificate or to pay an applicable fee.
40-14 SECTION 40. APPEAL. A person aggrieved by a final decision
40-15 or action of the board imposing a sanction under this Act may
40-16 appeal the board's decision or action in a court of competent
40-17 jurisdiction.
40-18 SECTION 41. REISSUANCE OF REGISTRATION. (a) The board may
40-19 reissue a certificate of registration that was revoked on written
40-20 application to the board made after the third anniversary of the
40-21 date of the revocation. The applicant must show good cause to
40-22 justify the reissuance of the registration.
40-23 (b) The board shall reissue a certificate of registration
40-24 that was suspended on the date the suspension period expires. The
40-25 board may impose reasonable conditions or limitations in connection
40-26 with the reissuance of a registration that has been suspended.
40-27 SECTION 42. OFFENSE. (a) A person commits an offense if
41-1 the person:
41-2 (1) practices, offers, or attempts to practice
41-3 geology, geophysics, or soil science or a specialty of geology,
41-4 geophysics, or soil science without being registered as required by
41-5 this Act;
41-6 (2) uses the term "Registered Professional Geologist,"
41-7 "Registered Professional Geophysicist," or "Registered Professional
41-8 Soil Scientist," or the initials "R.P.G." or "R.P.S.S." or claims a
41-9 specialty in geology, geophysics, or soil science as a
41-10 professional, business, or commercial identification or title or
41-11 otherwise holds out to the public that the person is registered to
41-12 practice geology, geophysics, or soil science or a specialty of
41-13 geology, geophysics, or soil science without being registered as
41-14 required by this Act;
41-15 (3) alters or revises a document, map, or other
41-16 geological, geophysical, or soil science work signed or sealed by a
41-17 registered professional geologist, registered professional
41-18 geophysicist, or registered professional soil scientist unless the
41-19 alteration or revision is signed and sealed by a registered
41-20 professional geologist, registered professional geophysicist, or
41-21 registered professional soil scientist;
41-22 (4) changes or alters the name or seal of another
41-23 registered professional geologist, registered professional
41-24 geophysicist, or registered professional soil scientist on any
41-25 document, map, or other geological, geophysical, or soil science
41-26 work;
41-27 (5) impersonates a registered professional geologist,
42-1 registered professional geophysicist, or registered professional
42-2 soil scientist or presents or attempts to use the certificate of
42-3 registration or the seal of another registered professional
42-4 geologist, registered professional geophysicist, or registered
42-5 professional soil scientist as the person's own certificate of
42-6 registration or seal;
42-7 (6) gives false or forged evidence to the board or to
42-8 a member of the board in an attempt to obtain a certificate of
42-9 registration;
42-10 (7) uses a seal or signs a document under a
42-11 certificate of registration that is expired or has been suspended
42-12 or revoked;
42-13 (8) manages, owns, or operates a place of business
42-14 where public geological, geophysical, or soil science work or
42-15 specialty work that is not exempt from registration under this Act
42-16 is offered or performed for others without the work being
42-17 supervised or performed by a registered professional geologist,
42-18 registered professional geophysicist, or registered professional
42-19 soil scientist or a geologist, geophysicist, or soil scientist
42-20 certified in a specialty of geology, geophysics, or soil science;
42-21 (9) uses public geological, geophysical, or soil
42-22 science work performed by another person for a purpose that
42-23 violates this Act; or
42-24 (10) otherwise violates this Act or a rule adopted by
42-25 the board under this Act.
42-26 (b) An offense under this section is a Class A misdemeanor.
42-27 SECTION 43. TRANSITION. (a) An applicant who applies for
43-1 registration under this Act before September 1, 1998, may be
43-2 qualified for registration without written examination if the
43-3 applicant has:
43-4 (1) graduated from an accredited institution of higher
43-5 education acceptable to the board with a bachelor of science or
43-6 bachelor of arts or higher degree and a major in geology or
43-7 geoscience if the application is for certification as a geologist,
43-8 a major in geophysics, geophysical science, or another discipline
43-9 the board determines to be relevant to geophysics if the
43-10 application is for certification as a geophysicist, or a major in
43-11 soil science if the application is for certification as a soil
43-12 scientist; or
43-13 (2) graduated from an accredited institution of higher
43-14 education in a four-year academic degree program other than
43-15 geology, geoscience, geophysics, or soil science, as appropriate,
43-16 but has completed the required number of course hours to qualify as
43-17 a geologist, geophysicist, or soil scientist or in a specialty of
43-18 geology, geophysics, or soil science and has experience consisting
43-19 of not less than six years of professional practice in geology,
43-20 geophysics, or soil science, as appropriate, acceptable to the
43-21 board completed before the date of application for registration
43-22 under this section.
43-23 (b) An applicant for certification in a specialty who
43-24 applies before the first anniversary of the date the board
43-25 officially recognizes the specialty under this Act may be qualified
43-26 for certification in that specialty without written examination if
43-27 the applicant:
44-1 (1) is registered under this Act as a geologist,
44-2 geophysicist, or soil scientist in this state; and
44-3 (2) has experience consisting of not less than six
44-4 years of professional practice acceptable to the board in the
44-5 applicable specialty of geology, geophysics, or soil science
44-6 completed before the date of application for certification in a
44-7 specialty under this section.
44-8 (c) An initial member of the board who is required to be a
44-9 registered professional geologist, geophysicist, or soil scientist
44-10 must be qualified for registration or certification under
44-11 Subsections (a) and (b) of this section.
44-12 (d) The governor shall make the initial appointments to the
44-13 board before November 1, 1997. The board shall hold its first
44-14 meeting before January 1, 1998. The initial appointments to the
44-15 board shall be made as follows:
44-16 (1) three members shall be appointed for terms
44-17 expiring in 1999;
44-18 (2) three members shall be appointed for terms
44-19 expiring in 2001; and
44-20 (3) three members shall be appointed for terms
44-21 expiring in 2003.
44-22 (e) The board shall adopt rules under this Act not later
44-23 than November 30, 1998.
44-24 (f) A person is not required to obtain a certificate of
44-25 registration under this Act until January 1, 1999.
44-26 SECTION 44. EFFECTIVE DATE. This Act takes effect September
44-27 1, 1997, except that Sections 18 and 42 take effect January 1,
45-1 1999.
45-2 SECTION 45. EMERGENCY. The importance of this legislation
45-3 and the crowded condition of the calendars in both houses create an
45-4 emergency and an imperative public necessity that the
45-5 constitutional rule requiring bills to be read on three several
45-6 days in each house be suspended, and this rule is hereby suspended.