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H0337.................................by ENVIRONMENT, ENERGY AND TECHNOLOGY GEOLOGISTS BOARD - Amends and repeals existing law to revise definitions; to revise qualifications for the State Board of Registration for Professional Geologists; to revise duties and powers of the State Board of Registration for Professional Geologists; to revise provisions relating to contracts; to repeal provisions relating to records and registration; to revise disciplinary powers of the board; and to provide for additional civil penalties. 01/15 House intro - 1st rdg - to printing 01/16 Rpt prt - to Env
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-ninth Legislature Second Regular Session - 2008IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 337 BY ENVIRONMENT, ENERGY AND TECHNOLOGY COMMITTEE 1 AN ACT 2 RELATING TO GEOLOGISTS; AMENDING SECTION 54-2802, IDAHO CODE, TO REVISE DEFI- 3 NITIONS; AMENDING SECTION 54-2804, IDAHO CODE, TO REVISE QUALIFICATIONS 4 FOR BOARD MEMBERSHIP; AMENDING SECTION 54-2808, IDAHO CODE, TO REVISE 5 POWERS AND DUTIES OF THE BOARD; REPEALING SECTION 54-2810, IDAHO CODE, 6 RELATING TO RECORDS AND REGISTRATION; AMENDING SECTION 54-2818, IDAHO 7 CODE, TO REVISE PROVISIONS FOR CONTRACTS WITH THE STATE AND ITS POLITICAL 8 SUBDIVISIONS AND TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 54-2819, 9 IDAHO CODE, TO REVISE THE BOARD'S DISCIPLINARY POWERS, TO PROVIDE REFER- 10 ENCE TO ADMINISTRATIVE RULES REGARDING ADMINISTRATIVE PROCEDURE OF THE 11 ATTORNEY GENERAL AND TO PROVIDE FOR AN ADMINISTRATIVE FINE; AND AMENDING 12 SECTION 54-2821, IDAHO CODE, TO PROVIDE FOR ADDITIONAL CIVIL PENALTIES, TO 13 REVISE PROVISIONS RELATING TO LEGAL COUNSEL AND TO MAKE TECHNICAL CORREC- 14 TIONS. 15 Be It Enacted by the Legislature of the State of Idaho: 16 SECTION 1. That Section 54-2802, Idaho Code, be, and the same is hereby 17 amended to read as follows: 18 54-2802. DEFINITIONS. As used in this chapter: 19 (1) "Board" means the state board of registration for professional geolo- 20 gists. 21 (2) "Geologist" means a person who is qualified by reason of his knowl- 22 edge of principles of geology, the physical sciences, and mathematics acquired 23 by education and practical experience, to engage in the practice of profes- 24 sional geology. Such persons may practice geology if they meet one (1) or more 25 of the criteria set forth in section 54-2822, Idaho Code. 26 (3)Within the intent of this chapter, it is recognized that"gGeology" 27is a fundamentalmeans the sciencedealing withwhich includes thephysical28 study of the earth,the organisms, materials and structures composing the29earth, the physical forces affecting the earth, and the utilization of the30knowledgeand its origin and history. Geology includes assessment and inter- 31 pretation of the earth'sand itsconstituent rocks, minerals,liquidshydro- 32 carbons, solids and fluids, including surface and underground waters, gases 33 and other materialsinsofar as these factorsand the study of the natural 34 agents, forces and processes which cause changes in both the subsurface and 35 surface of the earth, including any anthropogenic features or activities that 36 mayinfluence the safety and public welfareaffect, or be affected by, but not 37 limited to, these agents, forces, physical and chemical characteristics and 38 processes. 39 (4)The terms,"Practice of geology"and professional geology," within40the intent of this chapter, shall includemeans anyprofessional service such41asconsultation, investigation, evaluation, planning, and mapping, or respon- 42 sible supervision of such activities in connection with any public or private 43 project, as governed by the principles of geology, wherein the public welfare2 1or the safeguarding of life, health, or property is concerned or involved,2 when such serviceis rendered in a professional capacity andrequires the 3 application ofgeologic principles and datathe science of geology. 4 A personshall be construed to practice or offer to practice geology,5within the meaning and intent of this chapter, whopracticesany branch of the6profession ofregulated geology; or whowhen he, by verbal claim, sign, adver- 7 tisement, letterhead, card, orin anyotherway representsrepresentation of 8 himselfto beas a geologist, or through the use of some other title implies 9 that he is a geologist or that he is registered under this chapter; or who 10 holds himself out as able to perform, or who does perform any geological ser- 11 vices or work recognized as geology, except as provided in section 54-2822, 12 Idaho Code. 13Further, within the intent of this chapter, it is recognized that the14information derived from geological studies may be utilized in various associ-15ated fields or sciences concerned with the safety and public welfare.16Registration under this chapter, however, does not qualify the registrant17to practice professionally in any field or science other than geology.18(2) The term "geologist," within the intent of this chapter, shall mean a19person who is qualified by reason of his knowledge of principles of geology,20the physical sciences, and mathematics acquired by education and practical21experience, to engage in the practice of professional geology.22 (35)The term"pProfessional geologist,"as used in this chapter, shall23 means a person who has been duly registered by the state board of registration 24 for professional geologists. 25(4) The term "board" as used in this chapter shall mean the state board26of registration for professional geologists, hereinafter provided by this27chapter.28 SECTION 2. That Section 54-2804, Idaho Code, be, and the same is hereby 29 amended to read as follows: 30 54-2804. QUALIFICATIONS FOR BOARD MEMBERSHIP. Members of the board shall 31 be citizens of the United States and residents of this state, and they shall 32 have been engaged in the practice of geology for at leasttwelveseven (127) 33 years and shall never have been the subject of a disciplinary action under the 34 provisions of this chapter. 35 SECTION 3. That Section 54-2808, Idaho Code, be, and the same is hereby 36 amended to read as follows: 37 54-2808. POWERS AND DUTIES OF BOARD.-- SUBPOENAS.(1) The board shall 38 have the power to adopt and amend rules including, but not limited to, a code 39 of ethics and standards of conduct which may be reasonably necessary for the 40 proper performance of its duties and the administration of this chapter and 41 the regulation of proceedings before the board. It shall adopt and have an 42 official seal. It shall have power to provide an office, office equipment and 43 facilities and such books and records as may be reasonably necessary for the 44 proper performance of its duties. The board may, by written agreement, author- 45 ize the bureau of occupational licenses as agent to act in its interest. 46 (2) The board is authorized to enter into interstate compacts, contracts 47 or agreements to facilitate the practice and regulation of geology in this 48 state. 49 (3) In carrying into effect the provisions of this chapter, the board, 50under the hand of its chairman and the seal of the board,or its designee may 51request thesubpoena witnesses and compel their attendance,of witnessesand 3 1 also may require theproductionsubmission ofsuchbooks,records andpapers, 2as may be required atdocuments, or other pertinent data in anyhearing before3it, and for that purposedisciplinary matters or in any case where a violation 4 of this chapter is alleged. Upon failure or refusal to comply with any lawful 5 order of the board, or upon failure to honor its subpoena as herein provided, 6 the board mayrequest a districtapply to any courtto issue a subpoena for7any witness or a subpoena duces tecumhaving jurisdiction tocompel the pro-8duction of any books, records or papers. Subpoenas shall be directed to the9sheriff of any county in the state of Idaho where such witness resides or may10be found. Subpoenas shall be served and returned in the same manner as subpoe-11nas in a criminal case. The fees and mileage of the sheriff and witnesses12shall be the same as that allowed in district court criminal cases, which fees13and mileage shall be paid from any funds in the state treasury available14therefor in the same manner as other expenses of the board are paid. Disobedi-15ence of any subpoena issued by the district court or the refusal by any wit-16ness in failing to testify concerning any matter regarding which he may law-17fully be interrogated, or the failure to produce any books, records or papers,18shall constitute a contempt of the district court of any county where such19disobedience or refusal occurs, and said court, or any judge thereof, by pro-20ceedings for contempt in said court, may, if such contempt be found, punish21said witness as in any other case of disobedience of a subpoena issued from22such court or refusal to testify thereinenforce compliance with same. 23 (4) The board is hereby authorized in the name of the state to apply for 24 relief by injunction in the established manner provided in cases of civil pro- 25 cedure, without bond, to enforce the provisions of this chapter or to restrain 26 any violation thereof. Venue for all such actions shall be in the district 27 court of the fourth judicial district, Ada county, Idaho. 28 SECTION 4. That Section 54-2810, Idaho Code, be, and the same is hereby 29 repealed. 30 SECTION 5. That Section 54-2818, Idaho Code, be, and the same is hereby 31 amended to read as follows: 32 54-2818. STATE AND POLITICAL SUBDIVISION CONTRACTS -- EXCEPTIONS. As to 33 geology work performed within the state of Idaho, tThis state and its politi- 34 cal subdivisions, such as county, city, or legally constituted boards, dis- 35 tricts, commissions or authorities, shall contract for geological services 36 only with persons registered under thisactchapter, provided further that 37 nothing in this section oractchapter shall be construed to prevent regis- 38 tered professional engineers from lawfully practicing soils mechanics, founda- 39 tion engineering, geological engineering, and other professional engineering, 40 as provided in chapter 12, title 54, Idaho Code, and licensed architects from 41 lawfully practicing architecture as provided in chapter 3, title 54, Idaho 42 Code. 43 SECTION 6. That Section 54-2819, Idaho Code, be, and the same is hereby 44 amended to read as follows: 45 54-2819. DISCIPLINE. (1) Grounds for discipline. The board shall have the 46 power to deny any application for or renewal of a certificate of registration 47 or to revoke, suspend oramend any such certificateotherwise discipline any 48 registrant or registration issued pursuant to this chapter and to limit or 49 restrict the practice of any registrant upon a determination by the board that 50 the person: 4 1 (a) Made, or caused to be made, a false, fraudulent or forged statement, 2 document, credentials or representation in procuring or attempting to pro- 3 cure a certificate of registration to practice geology; or 4 (b) Practiced geology under a false or assumed name; or 5 (c) Was convicted of, found guilty, received a withheld judgment or sus- 6 pended sentence in this or any other state of action constituting a felony 7 or of a crime involving moral turpitude; or 8 (d) Violated the provisions of this chapter or rules, standards of con- 9 duct and practice, or any ethical codes as may be adopted by the board; or 10 (e) Is or has been grossly negligent, incompetent, or reckless in the 11 practice of geology; or 12 (f) Has had a license, certificate, or registration to practice as a pro- 13 fessional geologist suspended or revoked in any jurisdiction. A certified 14 copy of the order of suspension or revocation shall be prima facie evi- 15 dence of such suspension or revocation. 16 (2) Proceedings. Every person subject to disciplinary proceedings shall 17 be afforded an opportunity for hearing after reasonable notice. 18 (a) All proceedings hereunder shall be in accordance with chapter 52, 19 title 67, Idaho Code, and the Idaho rules of administrative procedure of 20 the attorney general (IDAPA 04.11.01). 21 (b) Hearings shall be conducted by the board or by persons appointed by 22 the board to conduct hearings and receive evidence. 23 (3) Probation. Any order of the board entered under this section may be 24 withheld or suspended for a probationary period to be fixed by the board upon 25 such terms and conditions as may be appropriate in order to regulate, monitor 26 or supervise the practice of geology by the registrant subject to such order 27 for the prescribed probationary period. 28 (4) Subsequent review. Any order of the board entered under this section 29 may be withdrawn, reversed, modified or amended upon a showing by the person 30 subject to the order that the grounds for discipline no longer exist or that 31 he is rehabilitated, qualified and competent to practice professional geology 32 and that he is not likely to violate the provisions of this section or rules 33 adopted hereunder in the future. 34 (5) Costs and fees. The board may, pursuant to an order of discipline or 35 as a condition to withdrawal, reversal, modification or amendment of the 36 order, require the person to pay all or part of the costs and fees incurred by 37 the board in proceedings upon which the order was entered. 38 (6) Administrative fines. The board may, pursuant to an order of disci- 39 pline, require the payment of an administrative fine not to exceed one thou- 40 sand dollars ($1,000) for any violation of the provisions of this section or 41 rules adopted hereunder. 42 SECTION 7. That Section 54-2821, Idaho Code, be, and the same is hereby 43 amended to read as follows: 44 54-2821. VIOLATIONS OF ACT. (1) Any person who shall practice, or offer 45 to practice, professional geology for others in this state without being reg- 46 istered in accordance with the provisions of thisactchapter, or any person 47 presenting or attempting to use as his own the certificate of registration or 48 the seal of another, or any person who shall give any false or forged evidence 49 of any kind to the board or to any member thereof in obtaining a certificate 50 of registration, or any person who shall falsely impersonate any other regis- 51 trant of like or different name, or any person who shall attempt to use an 52 expired or revoked certificate of registration or practice at any time during 53 a period the board has suspended or revoked a certificate of registration or 5 1 any person who shall violate any of the provisions of thisactchapter, shall 2 be guilty of a misdemeanor. 3 (2) In addition to any other penalty provided by law, a person who vio- 4 lates any provision of this chapter, or any rule adopted hereunder, shall be 5 subject to the imposition of a civil penalty payable to the board in an amount 6 not to exceed one thousand dollars ($1,000) for each offense. 7 (3) In bringing any civil action or disciplinary proceeding under this 8 chapter, tThe boardmayis authorized to employ legal counsel or may request 9 the Idaho attorney generalof this state or any assistant designated by him to10act as legal advisor of the board, andto represent it. In the event a county 11 prosecuting attorney having jurisdiction declines criminal prosecution or 12 refers the matter to the attorney general, the attorney general is authorized 13 to bring such criminal proceedings in the courts as he deems warranted and 14 appropriate. 15 (4) Tthe attorney general shall be reimbursed by the board foranyall 16 fees and expenses incurred bythe attorney generalhis office inrepresenting17the board; and all violations of the provisions of this act shall be prose-18cuted by the prosecuting attorney of the county or counties in which the19violations of the act may be committedbringing any administrative or court 20 proceeding to enforce the provisions of this chapter.
STATEMENT OF PURPOSE
RS 17340C1
The proposed legislation will redefine the meaning of “geology”
and the “practice of geology;” decrease the years of practice
required for board members from twelve (12) to seven (7) to
reflect the same requirements required to become registered to
practice geology in the state of Idaho; clarify the powers and
duties of the Board and provide for a specific hearing venue;
repeal unnecessary language reflecting Board policy and
procedures; provide for the utilization of the Idaho Rules of
Administrative Procedure of the Attorney General in disciplinary
proceedings; provide authority to the Board to impose civil
penalties for violations of the provisions of Chapter 28, Title
54, Idaho Code; and make clerical changes.
FISCAL NOTE
The proposed one thousand dollar ($1,000.00) civil penalty will
not result in any impact to the state General Fund.
CONTACT
Name: Margaret Odedo
Agency: Geologist Board
Phone: 334-2268
STATEMENT OF PURPOSE/FISCAL NOTE H 337