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H0420aa,aaS..................................................by MR. SPEAKER
Requested by: Board of Professional Geologists
PROFESSIONAL GEOLOGISTS - Amends and repeals existing law to revise the
qualifications and procedures for registering professional geologists; to
revise the qualifications for membership on, and compensation for, the
Board of Registration for Professional Geologists; and to establish
authority for the Board regarding adoption of rules, setting fees and
conducting disciplinary proceedings.
01/07 House intro - 1st rdg - to printing
Rpt prt - to Res/Con
01/24 Rpt out - ref'd to Bus
02/05 Rpt out - to Gen Ord
Rpt out amen - to engros
02/06 Rpt engros - 1st rdg - to 2nd rdg as amen
02/07 2nd rdg - to 3rd rdg as amen
02/12 3rd rdg as amen - PASSED - 52-14-4
AYES -- Aikele, Barraclough, Bedke, Bell, Bieter, Black, Block, Boe,
Bradford, Bruneel, Callister, Campbell, Clark, Collins, Crow, Cuddy,
Deal, Denney, Ellsworth, Eskridge, Field(13), Field(20), Gagner,
Gould, Hadley, Jaquet, Jones, Kellogg, Kendell, Kunz, Lake, Langford,
Mader, Martinez, Meyer, Mortensen, Pearce, Pischner, Pomeroy,
Ridinger, Robison, Schaefer, Sellman, Shepherd, Smith(33), Smylie,
Stevenson, Stone, Tilman, Trail, Wheeler, Mr. Speaker
NAYS -- Barrett, Bolz, Ellis, Hammond, Harwood, Higgins, Hornbeck,
Loertscher, Moyle, Raybould, Sali, Smith(23), Wood, Young
Absent and excused -- Henbest, McKague, Montgomery, Roberts
Floor Sponsor - Tilman
Title apvd - to Senate
02/13 Senate intro - 1st rdg - to St Aff
02/21 Rpt out - to 14th Ord
02/26 Rpt out amen - to 1st rdg as amen
02/27 1st rdg - to 2nd rdg as amen
02/28 2nd rdg - to 3rd rdg as amen
03/01 3rd rdg as amen - PASSED - 33-0-2
AYES -- Andreason, Boatright, Branch(Bartlett), Brandt, Bunderson,
Burtenshaw, Cameron, Darrington, Davis, Deide, Dunklin, Frasure,
Goedde, Hawkins, Hill, Ingram, Ipsen, Keough, King-Barrutia, Little,
Lodge, Marley, Noh, Richardson, Risch, Sandy, Schroeder, Sims,
Sorensen, Stegner, Stennett, Thorne, Wheeler
NAYS -- None
Absent and excused -- Geddes, Williams
Floor Sponsor - Sorensen
Title apvd - to House
03/04 House concurred in Senate amens - to engros
03/05 Rpt engros - 1st rdg - to 2nd rdg as amen
03/06 2nd rdg - to 3rd rdg
Rls susp - PASSED - 55-9-6
AYES -- Aikele, Barraclough, Bedke, Bell, Black, Block, Boe,
Bradford, Bruneel, Callister, Campbell, Clark, Collins, Cuddy,
Denney, Ellis, Eskridge, Field(13), Gagner, Gould, Hadley, Hammond,
Harwood, Henbest, Jaquet, Kellogg(Duncan), Kendell, Kunz, Lake,
Langford, Loertscher, Mader, Martinez, Meyer, Montgomery, Mortensen,
Pearce, Pomeroy, Raybould, Ridinger, Roberts, Robison, Sali,
Schaefer, Shepherd, Smith(33), Smith(23), Smylie, Stevenson, Stone,
Tilman, Trail, Wheeler, Young, Mr. Speaker
NAYS -- Barrett, Bieter, Bolz, Ellsworth, Higgins, Hornbeck, McKague,
Moyle, Wood
Absent and excused -- Crow, Deal, Field(20), Jones, Pischner, Sellman
Floor Sponsor - Tilman
Title apvd - to enrol
03/07 Rpt enrol - Sp signed
03/08 Pres signed
03/11 To Governor
03/26 Governor signed
Session Law Chapter 266
Effective: 07/01/02
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-sixth Legislature Second Regular Session - 2002IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 420 BY MR. SPEAKER Requested by: Board of Professional Geologists 1 AN ACT 2 RELATING TO GEOLOGISTS; AMENDING SECTION 54-2802, IDAHO CODE, TO EXPAND THE 3 DEFINITIONS OF "GEOLOGY" AND "GEOLOGIST" TO INCLUDE THE PRACTICE OF 4 HYDROGEOLOGY AS AN ALLIED GEOSCIENCE AND TO MAKE TECHNICAL CORRECTIONS; 5 AMENDING SECTION 54-2803, IDAHO CODE, TO PROVIDE THAT THE BOARD OF REGIS- 6 TRATION FOR PROFESSIONAL GEOLOGISTS SHALL BE COMPRISED OF MEMBERS REPRE- 7 SENTING AT LEAST THREE OF FOUR PROFESSIONAL CATEGORIES OF GEOLOGISTS, TO 8 PROVIDE PROPER TERMINOLOGY, TO DELETE OBSOLETE LANGUAGE AND TO MAKE TECH- 9 NICAL CORRECTIONS; AMENDING SECTION 54-2804, IDAHO CODE, TO REVISE QUALI- 10 FICATIONS FOR BOARD MEMBERSHIP AND TO MAKE A TECHNICAL CORRECTION; AMEND- 11 ING SECTION 54-2805, IDAHO CODE, TO INCREASE COMPENSATION FOR BOARD MEM- 12 BERS; AMENDING SECTION 54-2807, IDAHO CODE, TO DELETE OBSOLETE LANGUAGE 13 AND TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 54-2808, IDAHO CODE, 14 TO PROVIDE THAT THE BOARD MAY ADOPT BY RULE A CODE OF ETHICS AND STANDARDS 15 OF CONDUCT AND TO MAKE A TECHNICAL CORRECTION; AMENDING SECTION 54-2809, 16 IDAHO CODE, TO DELETE BONDING REQUIREMENTS FOR THE SECRETARY OF THE BOARD 17 AND TO PROVIDE PROPER TERMINOLOGY; AMENDING SECTION 54-2810, IDAHO CODE, 18 TO DELETE THE REQUIREMENT FOR SUBMISSION OF AN ANNUAL REPORT AND STATEMENT 19 OF RECEIPTS AND EXPENDITURES TO THE GOVERNOR AND TO MAKE TECHNICAL CORREC- 20 TIONS; REPEALING SECTION 54-2811, IDAHO CODE; AMENDING SECTION 54-2812, 21 IDAHO CODE, TO MODIFY A QUALIFICATION FOR REGISTRATION, TO PROVIDE PROPER 22 TERMINOLOGY AND TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 54-2813, 23 IDAHO CODE, TO PROVIDE FOR A NONREFUNDABLE APPLICATION FEE; AMENDING SEC- 24 TION 54-2814, IDAHO CODE, TO REVISE THE TIME FRAME FOR REEXAMINATION AND 25 TO AUTHORIZE THE BOARD TO SET THE FEES FOR EXAMINATION AND FOR REEXAMINA- 26 TION; AMENDING SECTION 54-2815, IDAHO CODE, TO AUTHORIZE THE BOARD TO SET 27 A CERTIFICATE FEE AND TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 28 54-2819, IDAHO CODE, TO ESTABLISH THE BOARD'S AUTHORITY WITH RESPECT TO 29 DISCIPLINARY PROCEEDINGS; AND REPEALING SECTION 54-2820, IDAHO CODE. 30 Be It Enacted by the Legislature of the State of Idaho: 31 SECTION 1. That Section 54-2802, Idaho Code, be, and the same is hereby 32 amended to read as follows: 33 54-2802. DEFINITIONS. (a1) Within the intent of thisactchapter, it is 34 recognized that "geology" is a fundamental science dealing with the physical 35 earth, the organisms, materials and structures composing the earth,andthe 36 physical forces affecting the earth, and the applied science of utilizing 37 knowledge of the earth and its constituent rocks, minerals, liquids, gases and 38 other materials insofar as these factors may influence the safety and public 39 welfare. 40 The terms, "geology and professional geology," within the intent of this 41actchapter, shall include any professional service such as consultation, 42 investigation, evaluation, planning, and mapping, or responsible supervision 43 of such activities in connection with any public or private project, as gov- 2 1 erned by the principles of geology, wherein the public welfare or the safe- 2 guarding of life, health, or property is concerned or involved, when such ser- 3 vice is rendered in a professional capacity and requires the application of 4 geologic principles and data. 5 A person shall be construed to practice or offer to practice geology, 6 within the meaning and intent of thisactchapter, who practices any branch of 7 the profession of geology; or who by verbal claim, sign, advertisement, let- 8 terhead, card, or in any other way represents himself to be a geologist, or 9 through the use of some other title implies that he is a geologist or that he 10 is registered under thisactchapter; or who holds himself out as able to per- 11 form, or who does perform any geological services or work recognized as geol- 12 ogy. 13 Further, within the intent of thisactchapter, it is recognized that the 14 information derived from geological studies may be utilized in various associ- 15 ated fields or sciences concerned with the safety and public welfare. 16 Registration under thisactchapter, however, does not qualify the regis- 17 trant to practice professionally in any field or science other than geology. 18 (b2) The term "geologist," within the intent of thisactchapter, shall 19 mean a person who is qualified by reason of his knowledge of principles of 20 geology, the physical sciences, and mathematics acquired by education and 21 practical experience, to engage in the practice of professional geology and 22 the allied geosciences of geophysics,andgeochemistry and hydrogeology. 23 (c3) The term "professional geologist," as used in thisactchapter, 24 shall mean a person who has been duly registered by the state board of regis- 25 tration for professional geologists. 26 (d4) The term "board" as used in thisactchapter shall mean the state 27 board of registration for professional geologists, hereinafter provided by 28 thisactchapter. 29 SECTION 2. That Section 54-2803, Idaho Code, be, and the same is hereby 30 amended to read as follows: 31 54-2803. STATE BOARD OF REGISTRATION FOR PROFESSIONAL GEOLOGISTS -- CRE- 32 ATION -- TERMS OF MEMBERS -- OATH. A state board of registration for profes- 33 sional geologists is hereby created in the department of self-governing agen- 34 cies whose duty it shall be to administer the provisions of thisactchapter. 35 The board shall consist of five (5) professional geologists, who shall be 36 appointed by the governor from among nominees recommended by the Idaho 37Aassociation ofPprofessionalGeologistsgeoscientists, and shall have the 38 qualifications required by section 54-2804, Idaho Code. 39 The board shall be comprised of members representing at least three (3) of 40 the following professional categories:one (1)academic geologists,one (1)41 government geologists,two (2)salaried company geologists andone (1)inde- 42 pendent or consultant geologists. 43The members of the first board shall be appointed within ninety (90) days44after the approval of this act to serve for the following terms: one (1) mem-45ber for one (1) year, one (1) member for two (2) years, one (1) member for46three (3) years, one (1) member for four (4) years, and one (1) member for47five (5) years, from the date of their appointment.48 Each member of the board shall take, subscribe and file the oath required 49 by chapter 4, title 59, Idaho Code, before entering upon the duties of his 50 office. On the expiration of the term of any member his successor shall be 51 appointed in like manner by the governor for a term of five (5) years. 52 Members of the board shall hold office until the expiration of the term 53 for which they were appointed and until their successors have been appointed 3 1 and qualified. 2 SECTION 3. That Section 54-2804, Idaho Code, be, and the same is hereby 3 amended to read as follows: 4 54-2804. QUALIFICATIONS FOR BOARD MEMBERSHIP. Members of theinitial5 board shall be citizens of the United States and residents of this state, and 6 they shall have been engaged in the practice of geology for at least twelve 7 (12) years, shall have been in responsible charge of important geologic work8for at least five (5) years, and shall be geologists as qualified under the9provisions of this act as herein provided. Responsible charge of geologic10teaching may be construed as responsible charge of important geologic work.11Each appointee to subsequent boardsand shall beageologists currently regis- 12 tered and who have never been the subject of a disciplinary action under the 13 provisions of thisactchapter. 14 SECTION 4. That Section 54-2805, Idaho Code, be, and the same is hereby 15 amended to read as follows: 16 54-2805. COMPENSATION FOR BOARD MEMBERS. Each member of the board shall 17 be compensated as provided by section 59-509(fn), Idaho Code. 18 SECTION 5. That Section 54-2807, Idaho Code, be, and the same is hereby 19 amended to read as follows: 20 54-2807. BOARD MEETINGS. The board shall holda meeting within thirty21(30) days after its members are first appointed and thereafter shall holdat 22 least one (1) regular meeting each year. Theby-lawsboard may provide for 23 such additional regular meetings as necessary and for special meetings. Notice 24 of all meetings shall be given as may be provided in theby-lawsopen meeting 25 law. The board shall annually elect a chairman, a vice chairman and a secre- 26 tary, who shall be members of the board, and they may provide for an assistant 27secretarywho need not be a member of the board. Three (3) members shall con- 28 stitute a quorum. 29 SECTION 6. That Section 54-2808, Idaho Code, be, and the same is hereby 30 amended to read as follows: 31 54-2808. POWERS AND DUTIES OF BOARD -- SUBPOENAS. The board shall have 32 the power to adopt and amend rulesand regulationsincluding, but not limited 33 to, a code of ethics and standards of conduct which may be reasonably neces- 34 sary for the proper performance of its duties and the administration of this 35actchapter and the regulation of proceedings before the board. It shall adopt 36 and have an official seal. It shall have power to provide an office, office 37 equipment and facilities and such books and records as may be reasonably nec- 38 essary for the proper performance of its duties. The board may, by written 39 agreement, authorize the bureau of occupational licenses as agent to act in 40 its interest. 41 In carrying into effect the provisions of thisactchapter, the board, 42 under the hand of its chairman and the seal of the board, may request the 43 attendance of witnesses and the production of such books, records and papers 44 as may be required at any hearing before it, and for that purpose the board 45 may request a district court to issue a subpoena for any witness or a subpoena 46 duces tecum to compel the production of any books, records or papers. Subpoe- 47 nas shall be directed to the sheriff of any county in the state of Idaho where 4 1 such witness resides or may be found. Subpoenas shall be served and returned 2 in the same manner as subpoenas in a criminal case. The fees and mileage of 3 the sheriff and witnesses shall be the same as that allowed in district court 4 criminal cases, which fees and mileage shall be paid from any funds in the 5 state treasury available therefor in the same manner as other expenses of the 6 board are paid. Disobedience of any subpoena issued by the district court or 7 the refusal by any witness in failing to testify concerning any matter regard- 8 ing which he may lawfully be interrogated, or the failure to produce any 9 books, records or papers, shall constitute a contempt of the district court of 10 any county where such disobedience or refusal occurs, and said court, or any 11 judge thereof, by proceedings for contempt in said court, may, if such con- 12 tempt be found, punish said witness as in any other case of disobedience of a 13 subpoena issued from such court or refusal to testify therein. 14 SECTION 7. That Section 54-2809, Idaho Code, be, and the same is hereby 15 amended to read as follows: 16 54-2809. PROFESSIONAL GEOLOGISTS' FUND -- FINANCES. The duly elected sec- 17 retary of the board shall receive and account for all moneys derived under the 18 provisions of thisactchapter, and shall pay the same monthly to the state 19 treasurer, who shall keep such moneys in a separate fund to be known as the 20 "professional geologists' fund." Such fund shall be kept separate and apart 21 from all other moneys in the treasury, and shall be paid out only on approval 22 of the board.The secretary of the board shall give a surety bond to the state23in such sum as the board may determine. The premium on said bond shall be24regarded as a proper and necessary expense of the board, and shall be paid out25of the "professional geologists' funds."The secretary of the board shall 26 receive such salary as the board shall determine in addition to the compensa- 27 tion and expenses provided for in section 54-2805, Idaho Code. The board may 28 employ such clerical or other assistants as are necessary for the proper per- 29 formance of its work, and may make expenditures of this fund for any purpose 30 which in the opinion of the board is reasonably necessary for the proper per- 31 formance of its duties under thisactchapter. Under no circumstances shall 32 the total amount of expenditures approved by the board in payment of the 33 expenses and compensation provided for in thisactchapter exceed the amount 34 of the examination and registration fees collected as herein provided. All 35 warrants on the "professional geologists' funds" shall be drawn by the state 36 controller on vouchers by the board and approved by the state board of examin- 37 ers. 38 SECTION 8. That Section 54-2810, Idaho Code, be, and the same is hereby 39 amended to read as follows: 40 54-2810. RECORDS -- REGISTER.-- ANNUAL REPORT.The board shall keep a 41 record of its proceedings and register of all applications for registration, 42 which register shall show: (a1) the name, the age and residency of each appli- 43 cant; (b2) the date of application; (c3) the place of business of such appli- 44 cant; (d4) his educational and other qualifications; (e5) whether or not an 45 examination was required; (f6) whether the applicant was rejected; (g7) 46 whether a certificate of registration was granted; (h8) the dates of the 47 action by the board; and (i9) such other information as may be deemed neces- 48 sary by the board. 49 The records of the board shall be prima facie evidence of the proceedings 50 of the board set forth therein; and a transcript thereof, duly certified by 51 the secretary of the board under seal, shall be admissible in evidence with 5 1 the same force and effect as if the original were produced. 2Annually the board shall submit to the governor a report of its transac-3tions of the preceding year, and shall also transmit to him a complete state-4ment of the receipts and expenditures of the board, attested by affidavits of5its chairman and its secretary.6 SECTION 9. That Section 54-2811, Idaho Code, be, and the same is hereby 7 repealed. 8 SECTION 10. That Section 54-2812, Idaho Code, be, and the same is hereby 9 amended to read as follows: 10 54-2812. QUALIFICATIONS FOR REGISTRATION. (a1)Except as herein otherwise11expressly provided, nNo applicant may be registered until he has successfully 12 passed an examination given by or under the supervision of the board, nor 13 shall an applicant be registered having habits of character that would justify 14 revocation or suspension of registration, as provided in section 54-2819, 15 Idaho Code. The following shall be considered as minimum evidence that the 16 applicant is qualified to take an examination for registration as a profes- 17 sional geologist: 18 (b2) Completion of thirty (30) semester units in courses in geological 19 science leading to a degree in the geological sciences of which at least 20 twenty-four (24) units are in third or fourth year, and/or graduate courses; 21 and have at least seven (7) years of professional geological work which shall 22 include either a minimum of three (3) years of professional geological work 23 under the supervision of a registered geologist; or, wherein the applicant has 24 been under the direct supervision of an individual acceptable to the board, 25 or, wherein the applicant has demonstrated five (5) years of progressive expe- 26 rience in responsible charge of geological work that is acceptable to the 27 board. 28 Each year of undergraduate study in the geological sciences shall count as 29 one-half (1/2) year of training up to a maximum of two (2) years, and each 30 year of graduate study or research counts as a year of training. 31 Teaching in the geological sciences at college level shall be credited 32 year for year toward meeting the requirement in this category, provided that 33 the total annual teaching experience includes six (6) semester units of third 34 or fourth year or graduate courses. 35 Credit for undergraduate study, graduate study, and teaching, individu- 36 ally, or in any combination thereof, shall in no case exceed a total of four 37 (4) years towards meeting the requirement for at least seven (7) years of pro- 38 fessional geological work as set forth above. 39 The ability of the applicant shall have been demonstrated by his having 40 performed the work in a responsible position, as the term "responsible posi- 41 tion" is defined inregulationsrules adopted by the board. The adequacy of 42 the required supervision and experience shall be determined by the board in 43 accordance with standards set forth inregulationsrules adopted by it. 44 Three (3) references from geologists in responsible positions must be 45 filed with the application for registration. 46(c) Wherein an applicant, with a specific record of at least ten (10)47years of lawful practice in geologic work, of which at least five (5) years48have been in responsible charge of important geologic work of a grade and49character which indicates that the applicant is competent to practice geology50and being otherwise qualified, or through compliance with subsection (b) of51this section, the board, at its discretion, shall waive subsection (a) of this52section, until one (1) year following the effective date of this act and issue6 1a license to practice geology in the state of Idaho.2 (d3) A person holding a certificate of registration to engage in the 3 practice of geology, on the basis of comparable licensing requirements, issued 4 to him by a proper authority of a state, territory, or possession of the 5 United States, the District of Columbia, or of any foreign country, who, in 6 the opinion of the board, meets the requirements of thisactchapter, based on 7 verified evidence may, upon application, be registered without further exami- 8 nation. 9Any person having the necessary qualificationsAn applicant otherwise 10 qualified as prescribed in thisact to entitle him to registration shall be11 chapter need not be actively engaged in the practice of geology to be eligible 12 forsuchregistration.although he may not be practicing his profession at the13time of making his application.14 SECTION 11. That Section 54-2813, Idaho Code, be, and the same is hereby 15 amended to read as follows: 16 54-2813. APPLICATION FORMS --REGISTRATION FEE --APPLICATION FEE. Appli- 17 cations for registration shall be on forms prescribed and furnished by the 18 board. The application shall be made under oath, and shall show the 19 applicant's education and a detailed summary of his geologic work. 20 (1) Theregistrationapplication fee for professional geologists shall be 21 set by the board at not more than one hundred dollars ($100).The board shall22designate the portion of the fee to accompany the application for examination;23the remaining portion shall be paid prior to the issuance of the certificate.24 (2) Should the board deny the issuance of a certificate of registration 25 to any applicant, theinitialapplication fee deposited shall be retainedas26an application feeby the board. 27 SECTION 12. That Section 54-2814, Idaho Code, be, and the same is hereby 28 amended to read as follows: 29 54-2814. EXAMINATION AND FEE -- TIME AND PLACE -- SCOPE -- REEXAMINATION 30 -- REEXAMINATION FEE. Written and/or oral examinations shall be held at such 31 time and place as the board shall determine. If examinations are required on 32 fundamental geologic subjects (such as are ordinarily given in college curric- 33 ula), the applicant may be permitted to take this part of the professional 34 examination prior to his completion of the requisite years of experience in 35 geologic work, and satisfactory passage of this portion of the professional 36 examination by the applicant shall constitute a credit toward the applicant's 37 complete professional examination for a period not to exceed ten (10) years. 38 The examination fee shall be set by the board. 39 The scope of the examination and the methods of procedure shall be pre- 40 scribed by the board with special reference to the applicant's ability to 41 supervise geologic projects so as to insure the safety of life, health and 42 property. A candidate failing his first examination may apply for reexamina- 43 tionat the expiration of six (6) monthswithin one (1) year of the failed 44 exam without filing a new application and shall be entitled to such reexamina- 45 tion on payment of an additional fee to be set by the board.at not more than46one hundred dollars ($100).A candidate who fails on reexamination, must file 47 a new application before he can again be admitted to examination, and such new 48 application shall not be filed prior to one (1) year following the date of the 49 last examination taken by the applicant; provided, however, that it shall be 50 unlawful for a candidate failing any examination to practice professional 51 geology under subsections (b) and (c) of section 54-2822, Idaho Code. 7 1 SECTION 13. That Section 54-2815, Idaho Code, be, and the same is hereby 2 amended to read as follows: 3 54-2815. CERTIFICATE OF REGISTRATION -- CERTIFICATE FEE -- SIGNING OF 4 WORK -- SEAL -- INVALID AFFIXATIONS UNLAWFUL. The board shall issue a certifi- 5 cate of registration upon payment ofregistrationa certificate fee aspro-6vided for in this actset by the board, to any applicant who, in the opinion 7 of the board, has satisfactorily met all the requirements of thisactchapter. 8 Certificates of registration shall show the full name of the registrant, shall 9 give a serial number, and shall be signed by the chairman and the secretary of 10 the board under seal of the board. 11 The issuance of a certificate of registration by the board shall be prima 12 facie evidence that the person named therein is entitled to all the rights and 13 privileges of a registered professional geologist, while the said certificate 14 remains unrevoked or unexpired. 15 All drawings, specifications, reports, or other geologic papers or docu- 16 ments involving geologic work as defined in section 54-2802, Idaho Code, which 17 shall have been prepared or approved by a registered geologist or a subordi- 18 nate employee under his direction for the use of or for delivery to any person 19 or for public record within this state shall be signed by him or be impressed 20 with said seal or the seal of anon-residentnonresident practicing under the 21 provisions of section 54-2822, Idaho Code, either of which shall indicate his 22 responsibility for them. 23 Each registrant hereunder may, upon registration, obtain a seal of the 24 design authorized by the board, bearing the registrant's name and the legend 25 "registered professional geologist." 26 It shall be unlawful for any person to affix his signature, stamp or seal 27 to any document, after the certificate of the registrant named thereon has 28 expired or been suspended or revoked, unless said certificate shall have been 29 renewed, reinstated, or reissued. 30 SECTION 14. That Section 54-2819, Idaho Code, be, and the same is hereby 31 amended to read as follows: 32 54-2819.CODE OF ETHICS -- DISCIPLINARY ACTIONS AND REVOCATION OF CERTIF-33ICATEDISCIPLINE. (1)The board shall cause to have prepared and shall adopt a34code of ethics which shall be made known in writing to every registrant and35applicant for registration under this act, and which shall be published in the36roster provided for in section 54-2811, Idaho Code. Such publication shall37constitute due notice to all registrants. The board may revise and amend this38code of ethics from time to time and shall forthwith notify each registrant in39writing of such revisions or amendments.40 Grounds for discipline. The board shall have the power tosuspend, refuse41to renew, or revoke thedeny any application for or renewal of a certificate 42 of registrationof any registrant who is found guilty ofor to revoke, suspend 43 or amend any such certificate issued pursuant to this chapter and to limit or 44 restrict the practice of any registrant upon a determination by the board that 45 the person: 46 (a)The practice of any fraud or deceit in obtainingMade, or caused to 47 be made, a false, fraudulent or forged statement, document, credentials or 48 representation in procuring or attempting to procure a certificate of reg- 49 istration to practice geology; or 50 (b)Any gross negligence, incompetence, or misconduct in the practice of51geology as a professional geologist.Practiced geology under a false or 52 assumed name; or 8 1 (c)AnyWas convicted of, found guilty, received a withheld judgment or 2 suspended sentence in this or any other state of action constituting a 3 felony oranyof a crime involving moral turpitude; or 4 (d) Violated the provisions of this chapter or rules, standards of con- 5 duct and practice, or any ethical codes as may be adopted by the board; or 6 (e) Is or has been grossly negligent, incompetent, or reckless in the 7 practice of geology; or 8 (f) Has had a license, certificate, or registration to practice as a pro- 9 fessional geologist suspended or revoked in any jurisdiction. A certified 10 copy of the order of suspension or revocation shall be prima facie evi- 11 dence of such suspension or revocation. 12 (2)Any person may prefer charges of fraud, deceit, gross negligence,13incompetence, or misconduct against any registrant. Such charges shall be in14writing and shall be sworn to by the person, or persons making them and shall15be filed with the secretary of the boardProceedings. Every person subject to 16 disciplinary proceedings shall be afforded an opportunity for hearing after 17 reasonable notice. 18 (a) All proceedings hereunder shall be in accordance with chapter 52, 19 title 67, Idaho Code. 20 (b) Hearings shall be conducted by the board or by persons appointed by 21 the board to conduct hearings and receive evidence. 22 (3)All charges, unless dismissed by the board as unfounded or trivial,23shall be heard by the board within three (3) months after the date on which24they shall have been preferredProbation. Any order of the board entered under 25 this section may be withheld or suspended for a probationary period to be 26 fixed by the board upon such terms and conditions as may be appropriate in 27 order to regulate, monitor or supervise the practice of geology by the regis- 28 trant subject to such order for the prescribed probationary period. 29 (4)The time and place for said hearing shall be fixed by the board, and30a copy of the charges, together with a notice of the time and place of hear-31ing, shall be personally served on or mailed to the last known address of such32registrant, at least thirty (30) days before the date fixed for the hearing.33The proceedings shall be governed by the provisions of chapter 52, title 67,34Idaho Code.35If, after such a hearing, a majority of the board vote in favor of sus-36taining the charges, the board shall suspend, refuse to renew, or revoke the37certificate of registration of such registered geologist. The board, for rea-38sons it may deem sufficient, may reissue a certificate of registration to any39person whose certificate has been revokedSubsequent review. Any order of the 40 board entered under this section may be withdrawn, reversed, modified or 41 amended upon a showing by the person subject to the order that the grounds for 42 discipline no longer exist or that he is rehabilitated, qualified and compe- 43 tent to practice professional geology and that he is not likely to violate the 44 provisions of this section or rules adopted hereunder in the future. 45 (5) Costs and fees. The board may, pursuant to an order of discipline or 46 as a condition to withdrawal, reversal, modification or amendment of the 47 order, require the person to pay all or part of the costs and fees incurred by 48 the board in proceedings upon which the order was entered. 49 SECTION 15. That Section 54-2820, Idaho Code, be, and the same is hereby 50 repealed.
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature Second Regular Session - 2002
Moved by Geddes
Seconded by Davis
IN THE SENATE
SENATE AMENDMENTS TO H.B. NO. 420, As Amended
1 AMENDMENT TO SECTION 1
2 On page 2 of the engrossed bill, delete lines 20 and 21, and insert:
3 "practical experience, to engage in the practice of professional geology. and
4 the allied geosciences of geophysics and geochemistry.".
5 AMENDMENTS TO SECTION 2
6 On page 2, in line 34, delete "professional geologists" and insert: "pro-
7 fessional geologists members"; delete lines 35 and 36, and insert: "appointed
8 by the governor from among nominees recommended by the Idaho Association of
9 Professional Geologists, and shall have the"; and in line 39, delete
10 "professional" and insert: "professional".
11 AMENDMENT TO SECTION 3
12 On page 3, delete lines 10 and 11, and insert: "Each appointee to subse-
13 quent boards and shall be a geologist registered never have been the subject
14 of a disciplinary action under the".
15 AMENDMENT TO SECTION 10
16 On page 6, in line 1, delete "on the basis of comparable licensing
17 requirements," and insert: "on the basis of comparable licensing
18 requirements,".
19 CORRECTIONS TO TITLE
20 On page 1, in line 2, delete "EXPAND THE" and insert: "REDEFINE"; in line
21 3, delete "DEFINITIONS OF"; and also in line 3, following "GEOLOGIST"" delete
22 the remainder of the line, and in line 4, delete "HYDROGEOLOGY AS AN ALLIED
23 GEOSCIENCE"; in line 5, delete "PROVIDE THAT" and insert: "REVISE THE COMPOSI-
24 TION AND APPOINTMENT OF MEMBERS TO"; in line 6, following "GEOLOGISTS" delete
25 the remainder of the line, delete line 7, and in line 8, delete "PROVIDE
26 PROPER TERMINOLOGY"; and in line 21, delete "A QUALIFICATION" and insert:
27 "QUALIFICATIONS".
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-sixth Legislature Second Regular Session - 2002IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 420, As Amended, As Amended in the Senate BY MR. SPEAKER Requested by: Board of Professional Geologists 1 AN ACT 2 RELATING TO GEOLOGISTS; AMENDING SECTION 54-2802, IDAHO CODE, TO REDEFINE 3 "GEOLOGY" AND "GEOLOGIST" AND TO MAKE TECHNICAL CORRECTIONS; AMENDING SEC- 4 TION 54-2803, IDAHO CODE, TO REVISE THE COMPOSITION AND APPOINTMENT OF 5 MEMBERS TO THE BOARD OF REGISTRATION FOR PROFESSIONAL GEOLOGISTS, TO 6 DELETE OBSOLETE LANGUAGE AND TO MAKE TECHNICAL CORRECTIONS; AMENDING SEC- 7 TION 54-2804, IDAHO CODE, TO REVISE QUALIFICATIONS FOR BOARD MEMBERSHIP 8 AND TO MAKE A TECHNICAL CORRECTION; AMENDING SECTION 54-2805, IDAHO CODE, 9 TO INCREASE COMPENSATION FOR BOARD MEMBERS; AMENDING SECTION 54-2807, 10 IDAHO CODE, TO DELETE OBSOLETE LANGUAGE AND TO MAKE TECHNICAL CORRECTIONS; 11 AMENDING SECTION 54-2808, IDAHO CODE, TO PROVIDE THAT THE BOARD MAY ADOPT 12 BY RULE A CODE OF ETHICS AND STANDARDS OF CONDUCT AND TO MAKE A TECHNICAL 13 CORRECTION; AMENDING SECTION 54-2809, IDAHO CODE, TO DELETE BONDING 14 REQUIREMENTS FOR THE SECRETARY OF THE BOARD AND TO PROVIDE PROPER TERMI- 15 NOLOGY; AMENDING SECTION 54-2810, IDAHO CODE, TO DELETE THE REQUIREMENT 16 FOR SUBMISSION OF AN ANNUAL REPORT AND STATEMENT OF RECEIPTS AND EXPENDI- 17 TURES TO THE GOVERNOR AND TO MAKE TECHNICAL CORRECTIONS; REPEALING SECTION 18 54-2811, IDAHO CODE; AMENDING SECTION 54-2812, IDAHO CODE, TO MODIFY QUAL- 19 IFICATIONS FOR REGISTRATION, TO PROVIDE PROPER TERMINOLOGY AND TO MAKE 20 TECHNICAL CORRECTIONS; AMENDING SECTION 54-2813, IDAHO CODE, TO PROVIDE 21 FOR A NONREFUNDABLE APPLICATION FEE; AMENDING SECTION 54-2814, IDAHO CODE, 22 TO REVISE THE TIME FRAME FOR REEXAMINATION AND TO AUTHORIZE THE BOARD TO 23 SET THE FEES FOR EXAMINATION AND FOR REEXAMINATION; AMENDING SECTION 24 54-2815, IDAHO CODE, TO AUTHORIZE THE BOARD TO SET A CERTIFICATE FEE AND 25 TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 54-2819, IDAHO CODE, TO 26 ESTABLISH THE BOARD'S AUTHORITY WITH RESPECT TO DISCIPLINARY PROCEEDINGS; 27 AND REPEALING SECTION 54-2820, IDAHO CODE. 28 Be It Enacted by the Legislature of the State of Idaho: 29 SECTION 1. That Section 54-2802, Idaho Code, be, and the same is hereby 30 amended to read as follows: 31 54-2802. DEFINITIONS. (a1) Within the intent of thisactchapter, it is 32 recognized that "geology" is a fundamental science dealing with the physical 33 earth, the organisms, materials and structures composing the earth,andthe 34 physical forces affecting the earth, and the utilization of the knowledge of 35 the earth and its constituent rocks, minerals, liquids, gases and other mate- 36 rials insofar as these factors may influence the safety and public welfare. 37 The terms, "geology and professional geology," within the intent of this 38actchapter, shall include any professional service such as consultation, 39 investigation, evaluation, planning, and mapping, or responsible supervision 40 of such activities in connection with any public or private project, as gov- 41 erned by the principles of geology, wherein the public welfare or the safe- 42 guarding of life, health, or property is concerned or involved, when such ser- 43 vice is rendered in a professional capacity and requires the application of 2 1 geologic principles and data. 2 A person shall be construed to practice or offer to practice geology, 3 within the meaning and intent of thisactchapter, who practices any branch of 4 the profession of geology; or who by verbal claim, sign, advertisement, let- 5 terhead, card, or in any other way represents himself to be a geologist, or 6 through the use of some other title implies that he is a geologist or that he 7 is registered under thisactchapter; or who holds himself out as able to per- 8 form, or who does perform any geological services or work recognized as geol- 9 ogy. 10 Further, within the intent of thisactchapter, it is recognized that the 11 information derived from geological studies may be utilized in various associ- 12 ated fields or sciences concerned with the safety and public welfare. 13 Registration under thisactchapter, however, does not qualify the regis- 14 trant to practice professionally in any field or science other than geology. 15 (b2) The term "geologist," within the intent of thisactchapter, shall 16 mean a person who is qualified by reason of his knowledge of principles of 17 geology, the physical sciences, and mathematics acquired by education and 18 practical experience, to engage in the practice of professional geology.and19the allied geosciences of geophysics and geochemistry.20 (c3) The term "professional geologist," as used in thisactchapter, 21 shall mean a person who has been duly registered by the state board of regis- 22 tration for professional geologists. 23 (d4) The term "board" as used in thisactchapter shall mean the state 24 board of registration for professional geologists, hereinafter provided by 25 thisactchapter. 26 SECTION 2. That Section 54-2803, Idaho Code, be, and the same is hereby 27 amended to read as follows: 28 54-2803. STATE BOARD OF REGISTRATION FOR PROFESSIONAL GEOLOGISTS -- CRE- 29 ATION -- TERMS OF MEMBERS -- OATH. A state board of registration for profes- 30 sional geologists is hereby created in the department of self-governing agen- 31 cies whose duty it shall be to administer the provisions of thisactchapter. 32 The board shall consist of five (5)professional geologistsmembers, who shall 33 be appointed by the governorfrom among nominees recommended by the Idaho34Association of Professional Geologists,and shall have the qualifications 35 required by section 54-2804, Idaho Code. 36 The board shall be comprised of members representing at least three (3) of 37 the followingprofessionalcategories:one (1)academic geologists,one (1)38 government geologists,two (2)salaried company geologists andone (1)inde- 39 pendent or consultant geologists. 40The members of the first board shall be appointed within ninety (90) days41after the approval of this act to serve for the following terms: one (1) mem-42ber for one (1) year, one (1) member for two (2) years, one (1) member for43three (3) years, one (1) member for four (4) years, and one (1) member for44five (5) years, from the date of their appointment.45 Each member of the board shall take, subscribe and file the oath required 46 by chapter 4, title 59, Idaho Code, before entering upon the duties of his 47 office. On the expiration of the term of any member his successor shall be 48 appointed in like manner by the governor for a term of five (5) years. 49 Members of the board shall hold office until the expiration of the term 50 for which they were appointed and until their successors have been appointed 51 and qualified. 52 SECTION 3. That Section 54-2804, Idaho Code, be, and the same is hereby 3 1 amended to read as follows: 2 54-2804. QUALIFICATIONS FOR BOARD MEMBERSHIP. Members of theinitial3 board shall be citizens of the United States and residents of this state, and 4 they shall have been engaged in the practice of geology for at least twelve 5 (12) years, shall have been in responsible charge of important geologic work6for at least five (5) years, and shall be geologists as qualified under the7provisions of this act as herein provided. Responsible charge of geologic8teaching may be construed as responsible charge of important geologic work.9Each appointee to subsequent boardsand shallbe a geologist registerednever 10 have been the subject of a disciplinary action under the provisions of this 11actchapter. 12 SECTION 4. That Section 54-2805, Idaho Code, be, and the same is hereby 13 amended to read as follows: 14 54-2805. COMPENSATION FOR BOARD MEMBERS. Each member of the board shall 15 be compensated as provided by section 59-509(fn), Idaho Code. 16 SECTION 5. That Section 54-2807, Idaho Code, be, and the same is hereby 17 amended to read as follows: 18 54-2807. BOARD MEETINGS. The board shall holda meeting within thirty19(30) days after its members are first appointed and thereafter shall holdat 20 least one (1) regular meeting each year. Theby-lawsboard may provide for 21 such additional regular meetings as necessary and for special meetings. Notice 22 of all meetings shall be given as may be provided in theby-lawsopen meeting 23 law. The board shall annually elect a chairman, a vice chairman and a secre- 24 tary, who shall be members of the board, and they may provide for an assistant 25secretarywho need not be a member of the board. Three (3) members shall con- 26 stitute a quorum. 27 SECTION 6. That Section 54-2808, Idaho Code, be, and the same is hereby 28 amended to read as follows: 29 54-2808. POWERS AND DUTIES OF BOARD -- SUBPOENAS. The board shall have 30 the power to adopt and amend rulesand regulationsincluding, but not limited 31 to, a code of ethics and standards of conduct which may be reasonably neces- 32 sary for the proper performance of its duties and the administration of this 33actchapter and the regulation of proceedings before the board. It shall adopt 34 and have an official seal. It shall have power to provide an office, office 35 equipment and facilities and such books and records as may be reasonably nec- 36 essary for the proper performance of its duties. The board may, by written 37 agreement, authorize the bureau of occupational licenses as agent to act in 38 its interest. 39 In carrying into effect the provisions of thisactchapter, the board, 40 under the hand of its chairman and the seal of the board, may request the 41 attendance of witnesses and the production of such books, records and papers 42 as may be required at any hearing before it, and for that purpose the board 43 may request a district court to issue a subpoena for any witness or a subpoena 44 duces tecum to compel the production of any books, records or papers. Subpoe- 45 nas shall be directed to the sheriff of any county in the state of Idaho where 46 such witness resides or may be found. Subpoenas shall be served and returned 47 in the same manner as subpoenas in a criminal case. The fees and mileage of 48 the sheriff and witnesses shall be the same as that allowed in district court 4 1 criminal cases, which fees and mileage shall be paid from any funds in the 2 state treasury available therefor in the same manner as other expenses of the 3 board are paid. Disobedience of any subpoena issued by the district court or 4 the refusal by any witness in failing to testify concerning any matter regard- 5 ing which he may lawfully be interrogated, or the failure to produce any 6 books, records or papers, shall constitute a contempt of the district court of 7 any county where such disobedience or refusal occurs, and said court, or any 8 judge thereof, by proceedings for contempt in said court, may, if such con- 9 tempt be found, punish said witness as in any other case of disobedience of a 10 subpoena issued from such court or refusal to testify therein. 11 SECTION 7. That Section 54-2809, Idaho Code, be, and the same is hereby 12 amended to read as follows: 13 54-2809. PROFESSIONAL GEOLOGISTS' FUND -- FINANCES. The duly elected sec- 14 retary of the board shall receive and account for all moneys derived under the 15 provisions of thisactchapter, and shall pay the same monthly to the state 16 treasurer, who shall keep such moneys in a separate fund to be known as the 17 "professional geologists' fund." Such fund shall be kept separate and apart 18 from all other moneys in the treasury, and shall be paid out only on approval 19 of the board.The secretary of the board shall give a surety bond to the state20in such sum as the board may determine. The premium on said bond shall be21regarded as a proper and necessary expense of the board, and shall be paid out22of the "professional geologists' funds."The secretary of the board shall 23 receive such salary as the board shall determine in addition to the compensa- 24 tion and expenses provided for in section 54-2805, Idaho Code. The board may 25 employ such clerical or other assistants as are necessary for the proper per- 26 formance of its work, and may make expenditures of this fund for any purpose 27 which in the opinion of the board is reasonably necessary for the proper per- 28 formance of its duties under thisactchapter. Under no circumstances shall 29 the total amount of expenditures approved by the board in payment of the 30 expenses and compensation provided for in thisactchapter exceed the amount 31 of the examination and registration fees collected as herein provided. All 32 warrants on the "professional geologists' funds" shall be drawn by the state 33 controller on vouchers by the board and approved by the state board of examin- 34 ers. 35 SECTION 8. That Section 54-2810, Idaho Code, be, and the same is hereby 36 amended to read as follows: 37 54-2810. RECORDS -- REGISTER.-- ANNUAL REPORT.The board shall keep a 38 record of its proceedings and register of all applications for registration, 39 which register shall show: (a1) the name, the age and residency of each appli- 40 cant; (b2) the date of application; (c3) the place of business of such appli- 41 cant; (d4) his educational and other qualifications; (e5) whether or not an 42 examination was required; (f6) whether the applicant was rejected; (g7) 43 whether a certificate of registration was granted; (h8) the dates of the 44 action by the board; and (i9) such other information as may be deemed neces- 45 sary by the board. 46 The records of the board shall be prima facie evidence of the proceedings 47 of the board set forth therein; and a transcript thereof, duly certified by 48 the secretary of the board under seal, shall be admissible in evidence with 49 the same force and effect as if the original were produced. 50Annually the board shall submit to the governor a report of its transac-51tions of the preceding year, and shall also transmit to him a complete state-5 1ment of the receipts and expenditures of the board, attested by affidavits of2its chairman and its secretary.3 SECTION 9. That Section 54-2811, Idaho Code, be, and the same is hereby 4 repealed. 5 SECTION 10. That Section 54-2812, Idaho Code, be, and the same is hereby 6 amended to read as follows: 7 54-2812. QUALIFICATIONS FOR REGISTRATION. (a1)Except as herein otherwise8expressly provided, nNo applicant may be registered until he has successfully 9 passed an examination given by or under the supervision of the board, nor 10 shall an applicant be registered having habits of character that would justify 11 revocation or suspension of registration, as provided in section 54-2819, 12 Idaho Code. The following shall be considered as minimum evidence that the 13 applicant is qualified to take an examination for registration as a profes- 14 sional geologist: 15 (b2) Completion of thirty (30) semester units in courses in geological 16 science leading to a degree in the geological sciences of which at least 17 twenty-four (24) units are in third or fourth year, and/or graduate courses; 18 and have at least seven (7) years of professional geological work which shall 19 include either a minimum of three (3) years of professional geological work 20 under the supervision of a registered geologist; or, wherein the applicant has 21 been under the direct supervision of an individual acceptable to the board, 22 or, wherein the applicant has demonstrated five (5) years of progressive expe- 23 rience in responsible charge of geological work that is acceptable to the 24 board. 25 Each year of undergraduate study in the geological sciences shall count as 26 one-half (1/2) year of training up to a maximum of two (2) years, and each 27 year of graduate study or research counts as a year of training. 28 Teaching in the geological sciences at college level shall be credited 29 year for year toward meeting the requirement in this category, provided that 30 the total annual teaching experience includes six (6) semester units of third 31 or fourth year or graduate courses. 32 Credit for undergraduate study, graduate study, and teaching, individu- 33 ally, or in any combination thereof, shall in no case exceed a total of four 34 (4) years towards meeting the requirement for at least seven (7) years of pro- 35 fessional geological work as set forth above. 36 The ability of the applicant shall have been demonstrated by his having 37 performed the work in a responsible position, as the term "responsible posi- 38 tion" is defined inregulationsrules adopted by the board. The adequacy of 39 the required supervision and experience shall be determined by the board in 40 accordance with standards set forth inregulationsrules adopted by it. 41 Three (3) references from geologists in responsible positions must be 42 filed with the application for registration. 43(c) Wherein an applicant, with a specific record of at least ten (10)44years of lawful practice in geologic work, of which at least five (5) years45have been in responsible charge of important geologic work of a grade and46character which indicates that the applicant is competent to practice geology47and being otherwise qualified, or through compliance with subsection (b) of48this section, the board, at its discretion, shall waive subsection (a) of this49section, until one (1) year following the effective date of this act and issue50a license to practice geology in the state of Idaho.51 (d3) A person holding a certificate of registration to engage in the 52 practice of geology,on the basis of comparable licensing requirements,issued 6 1 to him by a proper authority of a state, territory, or possession of the 2 United States, the District of Columbia, or of any foreign country, who, in 3 the opinion of the board, meets the requirements of thisactchapter, based on 4 verified evidence may, upon application, be registered without further exami- 5 nation. 6Any person having the necessary qualificationsAn applicant otherwise 7 qualified as prescribed in thisact to entitle him to registration shall be8 chapter need not be actively engaged in the practice of geology to be eligible 9 forsuchregistration.although he may not be practicing his profession at the10time of making his application.11 SECTION 11. That Section 54-2813, Idaho Code, be, and the same is hereby 12 amended to read as follows: 13 54-2813. APPLICATION FORMS --REGISTRATION FEE --APPLICATION FEE. Appli- 14 cations for registration shall be on forms prescribed and furnished by the 15 board. The application shall be made under oath, and shall show the 16 applicant's education and a detailed summary of his geologic work. 17 (1) Theregistrationapplication fee for professional geologists shall be 18 set by the board at not more than one hundred dollars ($100).The board shall19designate the portion of the fee to accompany the application for examination;20the remaining portion shall be paid prior to the issuance of the certificate.21 (2) Should the board deny the issuance of a certificate of registration 22 to any applicant, theinitialapplication fee deposited shall be retainedas23an application feeby the board. 24 SECTION 12. That Section 54-2814, Idaho Code, be, and the same is hereby 25 amended to read as follows: 26 54-2814. EXAMINATION AND FEE -- TIME AND PLACE -- SCOPE -- REEXAMINATION 27 -- REEXAMINATION FEE. Written and/or oral examinations shall be held at such 28 time and place as the board shall determine. If examinations are required on 29 fundamental geologic subjects (such as are ordinarily given in college curric- 30 ula), the applicant may be permitted to take this part of the professional 31 examination prior to his completion of the requisite years of experience in 32 geologic work, and satisfactory passage of this portion of the professional 33 examination by the applicant shall constitute a credit toward the applicant's 34 complete professional examination for a period not to exceed ten (10) years. 35 The examination fee shall be set by the board. 36 The scope of the examination and the methods of procedure shall be pre- 37 scribed by the board with special reference to the applicant's ability to 38 supervise geologic projects so as to insure the safety of life, health and 39 property. A candidate failing his first examination may apply for reexamina- 40 tionat the expiration of six (6) monthswithin one (1) year of the failed 41 exam without filing a new application and shall be entitled to such reexamina- 42 tion on payment of an additional fee to be set by the board.at not more than43one hundred dollars ($100).A candidate who fails on reexamination, must file 44 a new application before he can again be admitted to examination, and such new 45 application shall not be filed prior to one (1) year following the date of the 46 last examination taken by the applicant; provided, however, that it shall be 47 unlawful for a candidate failing any examination to practice professional 48 geology under subsections (b) and (c) of section 54-2822, Idaho Code. 49 SECTION 13. That Section 54-2815, Idaho Code, be, and the same is hereby 50 amended to read as follows: 7 1 54-2815. CERTIFICATE OF REGISTRATION -- CERTIFICATE FEE -- SIGNING OF 2 WORK -- SEAL -- INVALID AFFIXATIONS UNLAWFUL. The board shall issue a certifi- 3 cate of registration upon payment ofregistrationa certificate fee aspro-4vided for in this actset by the board, to any applicant who, in the opinion 5 of the board, has satisfactorily met all the requirements of thisactchapter. 6 Certificates of registration shall show the full name of the registrant, shall 7 give a serial number, and shall be signed by the chairman and the secretary of 8 the board under seal of the board. 9 The issuance of a certificate of registration by the board shall be prima 10 facie evidence that the person named therein is entitled to all the rights and 11 privileges of a registered professional geologist, while the said certificate 12 remains unrevoked or unexpired. 13 All drawings, specifications, reports, or other geologic papers or docu- 14 ments involving geologic work as defined in section 54-2802, Idaho Code, which 15 shall have been prepared or approved by a registered geologist or a subordi- 16 nate employee under his direction for the use of or for delivery to any person 17 or for public record within this state shall be signed by him or be impressed 18 with said seal or the seal of anon-residentnonresident practicing under the 19 provisions of section 54-2822, Idaho Code, either of which shall indicate his 20 responsibility for them. 21 Each registrant hereunder may, upon registration, obtain a seal of the 22 design authorized by the board, bearing the registrant's name and the legend 23 "registered professional geologist." 24 It shall be unlawful for any person to affix his signature, stamp or seal 25 to any document, after the certificate of the registrant named thereon has 26 expired or been suspended or revoked, unless said certificate shall have been 27 renewed, reinstated, or reissued. 28 SECTION 14. That Section 54-2819, Idaho Code, be, and the same is hereby 29 amended to read as follows: 30 54-2819.CODE OF ETHICS -- DISCIPLINARY ACTIONS AND REVOCATION OF CERTIF-31ICATEDISCIPLINE. (1)The board shall cause to have prepared and shall adopt a32code of ethics which shall be made known in writing to every registrant and33applicant for registration under this act, and which shall be published in the34roster provided for in section 54-2811, Idaho Code. Such publication shall35constitute due notice to all registrants. The board may revise and amend this36code of ethics from time to time and shall forthwith notify each registrant in37writing of such revisions or amendments.38 Grounds for discipline. The board shall have the power tosuspend, refuse39to renew, or revoke thedeny any application for or renewal of a certificate 40 of registrationof any registrant who is found guilty ofor to revoke, suspend 41 or amend any such certificate issued pursuant to this chapter and to limit or 42 restrict the practice of any registrant upon a determination by the board that 43 the person: 44 (a)The practice of any fraud or deceit in obtainingMade, or caused to 45 be made, a false, fraudulent or forged statement, document, credentials or 46 representation in procuring or attempting to procure a certificate of reg- 47 istration to practice geology; or 48 (b)Any gross negligence, incompetence, or misconduct in the practice of49geology as a professional geologist.Practiced geology under a false or 50 assumed name; or 51 (c)AnyWas convicted of, found guilty, received a withheld judgment or 52 suspended sentence in this or any other state of action constituting a 53 felony oranyof a crime involving moral turpitude; or 8 1 (d) Violated the provisions of this chapter or rules, standards of con- 2 duct and practice, or any ethical codes as may be adopted by the board; or 3 (e) Is or has been grossly negligent, incompetent, or reckless in the 4 practice of geology; or 5 (f) Has had a license, certificate, or registration to practice as a pro- 6 fessional geologist suspended or revoked in any jurisdiction. A certified 7 copy of the order of suspension or revocation shall be prima facie evi- 8 dence of such suspension or revocation. 9 (2)Any person may prefer charges of fraud, deceit, gross negligence,10incompetence, or misconduct against any registrant. Such charges shall be in11writing and shall be sworn to by the person, or persons making them and shall12be filed with the secretary of the boardProceedings. Every person subject to 13 disciplinary proceedings shall be afforded an opportunity for hearing after 14 reasonable notice. 15 (a) All proceedings hereunder shall be in accordance with chapter 52, 16 title 67, Idaho Code. 17 (b) Hearings shall be conducted by the board or by persons appointed by 18 the board to conduct hearings and receive evidence. 19 (3)All charges, unless dismissed by the board as unfounded or trivial,20shall be heard by the board within three (3) months after the date on which21they shall have been preferredProbation. Any order of the board entered under 22 this section may be withheld or suspended for a probationary period to be 23 fixed by the board upon such terms and conditions as may be appropriate in 24 order to regulate, monitor or supervise the practice of geology by the regis- 25 trant subject to such order for the prescribed probationary period. 26 (4)The time and place for said hearing shall be fixed by the board, and27a copy of the charges, together with a notice of the time and place of hear-28ing, shall be personally served on or mailed to the last known address of such29registrant, at least thirty (30) days before the date fixed for the hearing.30The proceedings shall be governed by the provisions of chapter 52, title 67,31Idaho Code.32If, after such a hearing, a majority of the board vote in favor of sus-33taining the charges, the board shall suspend, refuse to renew, or revoke the34certificate of registration of such registered geologist. The board, for rea-35sons it may deem sufficient, may reissue a certificate of registration to any36person whose certificate has been revokedSubsequent review. Any order of the 37 board entered under this section may be withdrawn, reversed, modified or 38 amended upon a showing by the person subject to the order that the grounds for 39 discipline no longer exist or that he is rehabilitated, qualified and compe- 40 tent to practice professional geology and that he is not likely to violate the 41 provisions of this section or rules adopted hereunder in the future. 42 (5) Costs and fees. The board may, pursuant to an order of discipline or 43 as a condition to withdrawal, reversal, modification or amendment of the 44 order, require the person to pay all or part of the costs and fees incurred by 45 the board in proceedings upon which the order was entered. 46 SECTION 15. That Section 54-2820, Idaho Code, be, and the same is hereby 47 repealed.
STATEMENT OF PURPOSE
RS 11463
The proposed changes update and clarify the Geology Practice Act
(the majority of which has not been changed since the early 1970's).
FISCAL IMPACT
There will be no fiscal impact to the general fund or other state
funds or to local government funds.
CONTACT
Name: Allen P. Lockhart
Agency: Geologist Board
Phone: 334-2268
Statement of Purpose/Fiscal Impact H0420