155.00.93 Ark. Code R. § 001 - Rules of Arkansas Board of Registration for Professional Geologists

RULES OF ARKANSAS STATE BOARD OF REGISTRATION FOR PROFESSIONAL GEOLOGISTS

SECTION 1

ADMINISTRATION

1-1 Organization of the Board

(1) The State Board of Registration for Professional Geologists shall administer the provisions of the Act. The Board shall consist of five geologists and one public member, appointed by the Governor, approved by the Secretary of State and confirmed by the Senate, and the Director of the Arkansas Geologic Commission or his designated agent as a permanent ex-officio member.

(2) Each member of the Board shall be a citizen of the United states, and shall have been a resident of this State for the two years immediately preceding his appointment. Each of the first-appointed geologist members of the Board shall be a qualified geologist; each subsequent geologist member of the Board shall be a geologist registered under the Act. Members of the following professional categories shall be represented on the Board: One academic geologist, one governmental geologist, one salaried company geologist, one independent or consultant geologist, one geologist at large, plus the director of the Arkansas Geologic Commission or his designated agent as a permanent ex-officio member.

(3) The initial members of the Board, with the exception of the ex-officio member, shall be appointed to serve for a term of one to five years. Appointed members of the Board shall hold office until the expiration of the term for which they were appointed and until their successors have been appointed and qualified. On the expiration of the term of any member, his successor shall be appointed in like manner by the Governor for a term of five years.

(4) The members of said Board shall, before entering the discharge of their duty, subscribe to and file with the Secretary of State the constitutional oath of officers, whereupon the Secretary of State shall issue to said appointee, certificates of appointment.

(5) No person shall serve as member of the Board for more than one consecutive five-year term.

1-2 Nominations to the Board

The Board may determine procedures whereby recommendations may be made to the Governor for geological member nominations to the Board.

1-3 Removal from the Board

The Governor may remove any member of the Board for misconduct, incompetence, neglect of duty, or any other sufficient causes. Vacancies in the membership of the Board shall be filled for the remainder of the term by the Governor as provided for herein.

1-4 Headquarters

The Headquarters of the Board shall be the office of the Secretary, Arkansas Board of Registration for Professional geologists, Vardelle Parham Geology Center, 3815 West Roosevelt Road, Little Rock, Arkansas, 72204. The public may obtain information and submit requests at the office of the Secretary.

1-5 Meetings

(1) The Board shall hold at least two regular meetings each year. Four members shall constitute a quorum. An affirmative vote of a majority of the members present shall be necessary to transact business. Special meetings of the Board shall be called by the Secretary upon the written request of the Chairman or any two members, by giving each member of the Board at least seven days notice of such meetings and the time and place at which such meeting is to be held. Notice of all meetings shall be given as may be provided in the regulations.

(2) The Board shall follow Robert's Rules of Order with the exception that the Chairman and the ex-officio member shall be full voting members. However, the Chairman shall not vote unless there is a tie vote among the other Board members.

(3) The Board meetings shall be open to the public, and the Board shall keep a public record of its proceedings, except when the Board goes into executive session. Matters which may be considered during executive session include discussion of applications and other personal information submitted by applicants, information, favorable or unfavorable, submitted as a reference concerning an applicant, or to deliberate with respect to an application, complaint, or a disciplinary proceeding.

1-6 Officers

The Board shall annually elect a Chairman, a Vice-Chairman and a Secretary-Treasurer. The Chairman shall preside at all meetings of the Board, appoint committees and perform the usual duties of his office, and the Vice-Chairman shall perform all such duties in the absence of the Chairman. The Chairman cannot be elected to succeed himself or herself for another term immediately following a term in the chairmanship.

1-7 Secretary Treasurer

(1) The Secretary-Treasurer shall be the Secretary of the Board (hereinafter known as Secretary) and, in addition to his/her duties as prescribed by law, shall perform such other administrative duties as may be prescribed by the Board.

(2) The Secretary shall keep a true record of all proceedings of the Board and send copies thereof to its members. He/she shall keep a record of all examination papers and other evidence of qualification submitted by each applicant for a Certificate of Registration, an official roster of all registered geologists, and of the renewals of such registrations. He/she shall give notice in writing of the expiration of any registration to the holder and to the Board, and make a proper entry on the roster showing the expiration of such registration. He/she shall send notice of annual renewal of registration fees to registrants at least forty-five days prior to expiration. He/she shall receive all fees and costs and give receipt for the same. He/she shall give a general report at the regular Board meeting on all transactions since the previous meeting. A written financial report shall be offered to the Board at least quarterly.

1-8 Seal

The Board shall adopt a seal for its own use and shall have the words "Arkansas Board of Registration for Professional Geologists" inscribed thereon, and the Secretary shall have the care and custody thereof.

SECTION 2

2-1 Purpose

In order to safeguard life, health and property, and to promote the public welfare, the practice of geology in this State has been declared to be subject to regulation in the public interest. These Rules are adopted in order to introduce qualifying criteria in the professional field. Such action recommends itself through benefits to the safety, health and property of the people of Arkansas and to the promotion of the public welfare. These benefits are in the fields of geology as related to engineering, ground water, mineral exploration and development, geologic hazards, environmental geology, the further development of the science of geology, and other geologic matters of concern to the people of this State.

SECTION 3

3-1 Definitions

The definitions used herein are as follows:

(1) "Act" means the Registration of Geologists Act of 1987 (Act 701).

(2) "Board" means the State Board of Geologist's Examiners and also the Board of Registration for Professional Geologists.

(3) "Geology" means that science which treats of the earth in general; investigations of the earth's crust and the rocks and other materials which compose it, and the applied science of utilizing knowledge of the earth and its constituent rocks, minerals, liquids, gases and other materials for the benefit of mankind.

(4) "Geologist" means a person engaged in the practice of geology.

(5) "Public practice of geology" means the performance of geological service or work such as consultation, investigation, survey, evaluation, planning, mapping and inspection of geological work in which the performance is related to public welfare or safeguarding of life, health, property and the environment, except as specifically exempted by the Act. A person shall be construed to practice or offer to practice geology publicly, within the meaning and intent of the Act, who practices any branch of the profession of geology and who by verbal claim, sign advertisement, letterhead, card, or in any other way represents himself to be a geologist, or through the use of some other title implies that he Is a geologist or that he is registered under the Act; or who holds himself/herself out as able to perform, or who does perform any geological service or work recognized as geology.

(6) A "qualified geologist" means a person who possesses all the qualifications specified in the Act for registration, except that he is not registered.

(7) "Registered Geologist" means a person who is currently registered as a geologist under the provisions of the Act.

(8) The term "responsible charge of work" means the independent control and direction by the use of initiative, skill, and Independent judgment of geological work or the supervision of such work.

(9) A 'subordinate" means any person who assists a Registered Geologist or a Registered Engineer in the practice of geology without assuming the responsible charge of work.

(10) "Geologist In Training" means a person who fulfills the academic and other requirements for registration as a geologist and has passed Part I of the written examination required for registration, but has not had the professional experience required to qualify as a Registered Geologist. "Geologist In Training" applicants applying prior to the May 1,1989, closing date and meeting qualified requirements received approval by the Board for waiver of examination through the "Grandfather Clause" of Act 701.

SECTION 4

REGISTRATION TO PRACTICE

UNDER TITLE OF REGISTERED GEOLOGIST

4-1 Prohibited Acts

(1) It shall be unlawful for any person other than a registered geologist or subordinate under the direction of a registered geologist to prepare any geologic plans, reports or documents in which the performance is related to the public welfare or safeguarding of life, health, property or the environment.

(2) It shall be unlawful for any person to publicly practice, or offer to publicly practice geology in this State, as defined in the provisions of the Act, or to use in connection with his name or otherwise assume, or advertise any title or description tending to convey the impression that he is a registered geologist, unless such person has been duly registered or is exempted under the provisions of the Act. The right to engage in the public practice of geology shall be deemed a personal right, based on the qualifications of the individual as evidenced by his Certificate of Registration, and shall not be transferable.

(3) After July 1,1988, it shall be unlawful for anyone other than a geologist registered under the Act to stamp or seal any plans, plats, reports or other documents with the seal or stamp of a Registered Geologist or to use in any manner the title, "Registered Geologist", unless registered hereunder.

(4) It shall be unlawful for any person to affix his signature or to stamp or seal any plans, plats, reports or other documents after the certification of the registrant named thereon has expired or has been suspended or revoked, unless the certificate has been renewed or reissued.

(5) The above provisions do not apply to:

(a) Persons while engaged solely in teaching the science of geology or engaged in non-public geologic research in this State.

(b) Officers and employees of the United States of America or the State of Arkansas practicing solely as such officers of employees.

(c) Persons employed as geologists by individuals, firms, companies, associations or corporations whose business is other than the public practice of geology and whose business will not affect the public welfare or the safeguarding of life, health, property or the environment.

(d) A subordinate to a geologist registered under the Act insofar as he acts solely in such capacity. This exemption, however, does not permit any such subordinate to practice geology for others in his own right or use the title "Registered Geologist".

4-2 Minimum Qualifications

To be eligible for registration, an applicant shall meet each of the following minimum qualifications:

(1) Be of good ethical character.

(2) Have graduated from an accredited college or university with either a major in geology, engineering geology or geological engineering; or have completed 30 semester hours or 45 quarter hours or the equivalent in geological science courses leading to a major in geology, of which at least 36 quarter hours or the equivalent were taken in the third and/or fourth years, or in graduate courses.

(3) Have at least seven years of professional geological work which shall include a minimum of three years of professional geological work under the supervision of a Registered Geologist, except that prior to May 1, 1989, professional geological work shall qualify if it is under the supervision of a qualified geologist, or a minimum of five accumulative years experience in responsible charge of geological work. The following criteria of education and experience qualify as specified toward accumulation of the required seven years of professional geological work:

(a) Each year of undergraduate study in the geological sciences shall count as one-half year of training up to a maximum of two years with a Bachelor Degree, and each year of graduate study shall count as a year of training for a two-year maximum with either a Masters Degree or a Doctor of Philosophy Degree.

(b) Credit for undergraduate study, graduate study, graduate courses, individually or in any combination thereof, shall in no case exceed a total of four years toward meeting the requirements for at least seven years of professional geological work as set forth above.

(c) The Board may consider in lieu of the above professional geological work as set out in (b) above, the cumulative total of professional geological work or geological research of persons teaching at the college or university level, provided such work or research can be demonstrated to be of a sufficiently responsible nature to be equivalent to the professional requirements stated above. Separate experience time is not allowed for teaching while it is a part of the curriculum during normal pursuit of graduate studies.

(d) The ability of the applicant shall have been demonstrated by his having performed the work in a responsible position as determined by the Board. The adequacy of the required supervision and experience shall be determined by the Board in accordance with standards set forth in regulations adopted by it, and

(e) The applicant shall successfully pass such examinations established by the Board designed to demonstrate that the he/she has the necessary knowledge and skill to exercise the responsibilities of the public practice of geology.

4-3 Application

(1) An application for registration as a geologist shall be made under oath, shall show the applicant's education and a detailed summary of his geological work. The application shall be accompanied by an application fee fixed by the Board and a certified transcript of all undergraduate or postgraduate college credits.

(2) Application for registration as a geologist shall be:

(a) Filed on a form prescribed by the Board.

(b) Filed at the office of the Board. An application mailed to the Board shall be deemed filed on the date shown by the post-office cancellation mark appearing on the envelope.

(c) Subscribed and certified under penalty of law.

(3) An application which is not submitted in proper and complete form will not be accepted by the Board and will be returned by the Secretary with a statement of the reason therefor.

(4) Application under the "Grandfather Clause" ceased on May 1,1989.

4-4 Examinations

(1) Written examinations.

(a) The regular written examination for registration as a geologist shall consist of the Graduate Records Examination (GRE) Subject Test for geology.

(b) Examination schedules are available from:

Graduate Record Examinations

Educational Testing Service

P. O. Box 6000 Princeton,

NJ 08541-6000

(2) Examination facilities.

The exam will be administered at facilities and on dates specified by the GRE Corporation.

(3) Rules and Regulations

Examinees must abide by all rules and regulations of Graduate Record Examinations.

(4) Requirements for passing examination.

Every applicant receiving a scaled score of 550 or higher on the prescribed examination shall be deemed to have passed if test was taken within six years of application for registration. If test was taken more than six years prior to application, the Board may accept the test based on applicant's submission of work history.

4-5 Reciprocity

A person registered to engage in the practice of geology, on the basis of comparable licensing requirements issued to him by a proper authority of a state, territory, or possession of the United States, or the District of Columbia, and who in the opinion of the Board otherwise meets the requirements of the Act based on verified evidence, may upon application, be registered without further examination, provided that the state or agency, presently holding licensing requirements on the applicant, has accepted a reciprocity agreement between it and the Arkansas Board, or by general reciprocity agreement between all applicable states.

4-6 Certificate of Registration

(1) The Board shall issue a Certificate of Registration, upon payment of the registration fee as provided to any applicant who, in the opinion of the Board, has satisfactorily met all requirements of these Rules and Regulations. Certificates of Registration shall show the full name of the registrant, the date of registration, give a serial number, and be signed by the Chairman of the Board and by the Secretary under seal of the Board. The issuance of a Certificate of Registration by the Board shall be prima facie evidence that the person named therein is entitled to all the rights and privileges of a Registered Geologist, as long as the certificate is not revoked or expired. Upon payment of the fee, the Board shall issue a pocket-sized Registration Card showing name, serial number, and expiration date.

(2) A new Certificate of Registration to replace any certificate lost, destroyed or mutilated will be issued upon payment of a fee of $10.00.

4-7 Seal

Each registrant upon issuance of a certificate will be provided with a seal bearing the registrant's name and the legends "Registered Professional Geologist" and 'State of Arkansas".

4-8 Reissue Of Certificates

The Board, by majority vote of the quorum, may reissue a Certificate of Registration to any person whose certificate has been revoked, upon written application to the Board by the applicant, showing good cause to justify such issuance.

4-9 Records

(1) The Secretary shall keep a register of all applications for registration.

(2) The register shall show:

(a) the name, age, and residency of each applicant;

(b) the date of application;

(c) the place of business of the applicant;

(d) his/her education and other qualifications;

(e) whether or not an examination was required;

(f) whether or not the applicant was registered;

(g) whether or not a Certificate of Registration was granted;

(h) the dates of the action by the Board; and

(i) such other information as may be deemed necessary by the Board. All official records of the Board, or affidavits by the Secretary as to the content of such records, shall be prima facie evidence of all matters to be kept therein.

(3) Except as provided herein, the following shall be treated as confidential and need not be disclosed.

(a) Applications and other personal information submitted by the applicants, except to the applicant, the Board and its staff.

(b) Information, favorable or unfavorable, submitted by applicants, except to the applicant, the Board and its staff.

(c) The deliberations of the Board with respect to an application, a complaint or a disciplinary proceeding.

SECTION 5 PRACTICE AFTER REGISTRATION

5-1 Practice of Geology

(1) The Act does not prohibit one or more geologists from practicing through the medium of a sole proprietorship, partnership or corporation. In a partnership or corporation whose primary activity consists of geological services, at least one partner or officer shall be a registered geologist.

(2) The Act does not prevent or prohibit an individual, firm, company, association or corporation whose principal business Is other than the public practice of geology from employing a non-registered geologist to perform nonpublic geological services necessary to the conduct of their business.

(3) Furthermore, the Act shall not be construed to prevent or to affect:

(a) The practice of any profession or trade for which a license Is required under any other law of this State.

(b) The practice of professional geology by a person not a resident of and having no established place of business In this State, when such practice does not exceed In the aggregate more than ninety (90) days in any calendar year, and provided such person Is duly licensed or registered to practice such profession In another state where the requirements for a Certificate of Registration or license are not lower than those specified in the Act for obtaining the registration required for such work, and provided further that such nonresident shall file with the Board, on or before entering the State for commencing such work, a statement giving his name, residence, the number of his license or Certificate of Registration, and by what authority issued, and upon completion of the work, a statement of the time engaged in such work within the State.

5-2 Use Of Seal

All drawings, reports, plats, or other geologic papers or documents involving the public geologic work as defined in the Act which shall have been prepared or approved by a registered geologist or a subordinate employee under his direction for the use of or for delivery to any person or for public record within this State shall be signed by him and impressed with said seal or the seal of a nonresident practicing under the provisions of the Act, either of which shall indicate his responsibility for them.

5-3 Roster of Registered Geologists

During the month of December of each year, the Secretary shall publish a roster showing the names and places of business of all registered geologists. Copies of this roster shall be mailed to each person so registered, placed on file with the Secretary of State, and furnished to the public upon request and payment of an at-cost fee established by the Board.

5-4 Address Change

Each person who is an applicant for registration, a geologist-in-training, or a holder of a Certificate of Registration from the Board shall notify the Board at its Little Rock, office within sixty (60) days of any and ail changes giving both his old and new address and telephone number.

SECTION 6 GEOLOGISTS-IN-TRAINING

6-1 Explanation

A geologist who has not had the professional geologic experience required to qualify as a registered geologist may apply as a Geologist-in-Training. Upon completion of experience requirements, the applicant may then apply for registration as a geologist.

6-2 Minimum Qualifications

To be eligible for obtaining a Geologist-in-Training classification, an applicant shall meet the following minimum qualifications:

(1) Be of good ethical character

(2) Have graduated from an accredited college or university with either a major in geology, engineering geology, or geological engineering, or have completed thirty (30) semester hours or forty-five (45) quarter hours or the equivalent in geological science courses leading to a major in geology, of which at least thirty-six (36) quarter hours or the equivalent were taken in the third and/or fourth year or in graduate courses.

(3) Successfully pass such examinations established by the Board designed to demonstrate that the applicant has the necessary knowledge and skill to exercise the responsibilities of the public practice of geology.

(4) Filed for Geologist-in-Training before May 1,1989 under the Grandfather Clause of Act 701 and accepted by the Board. Upon completion and proof of experience, the applicant may apply for registration without further examination.

6-3 Application

(1) An application for Geologist-in-Training classification shall be made under oath and shall show the applicant's education. The application shall be accompanied by an application fee fixed by the Board, and a certified transcript of all undergraduate or postgraduate college credits.

(2) Application forms for classification as Geologist-in-Training are the same as those for registration as a geologist. The applicant for Geologist-in-Training classification shall complete the entire application except for describing professional experience and shall not include professional references. Upon completion of experience requirements at a later date, the applicant shall then notify the Board. He/she will be sent another application form upon which he may detail his professional geologic experience as required for registration as a professional geologist. All reference letters as required in the application, except those pertaining to professional competence, should be forwarded for Geologist-in-Training classification. Reference letters pertaining to professional competence shall be forwarded at such time as the applicant applies for registration as a professional geologists.

(3) Application for classification as a Geologist-in-Training shall be:

(a) filed on a form prescribed by the Board,

(b) filed at the office of the Board, and

(c) subscribed and certified under penalty of law.

(4) Examination

Upon passing Part I of the examination as shown in Section 4 -4, the applicant shall receive the Geologist-in-Training classification.

SECTION 7 FEES AND COSTS

7-1 Method Of Payment

All fees required by the provisions of the Act and the Rules of the Board shall be transmitted by money order, bank draft or check payable to the State Board of Registration for Professional Geologists. No fees are refundable.

7-2 Schedule Of Fees

The following schedule of fees is adopted:

(1)	Application for Registered Geologist..............................	$20.00 $60.00
(2)	Initial registration............................................................	$60.00
(3)	Reciprocity registration...................................................	$30.00
(4)	Annual Registration renewal fee.....................................	$30.00
(5)	Replacement Certificate fee............................................	$10.00
(6)	Geologist-in-Training Certificate......................................	$10.00
(7)	Geologist-in-Training application and annual fee...........	$20.00

7-3 Expiration of Registration; Penalty period; Reinstatement

(1) The registration shall expire annually on July 1.

(2) Renewal notices to registrants will be mailed 45 days prior to the date of expiration.

(3) Late renewal application submitted during a six-month penalty period following expiration must be accompanied by a fee equal to the renewal fee plus fifty per cent penalty fee. The Board has the right to waive the penalty fee if in the Board's opinion the penalty fee is not warranted.

(4) Registrations not renewed prior to the end of the six-month penalty period shall not be subject to renewal. Any consideration for registration reinstatement after the six-month penalty period would be at the discretion of the Board and requires submission of a reinstatement application with the required reinstatement fee of twice the renewal fee.

7-4 Date of Filing Fee

When transmitted through the mail, fees required under provisions of this rule shall be deemed filed on the date shown by the post-office cancellation mark appearing on the envelope containing the fee.

SECTION 8 STANDARDS OF CONDUCT

8-1 Code Of Ethics

(1) Geology is a profession, and the privilege of professional practice requires responsibility as well as professional knowledge on the part of each practitioner. Each Registered Professional Geologist shall be guided by the highest standards of business ethics.

(2) With high regard for the geological profession and recognizing in the Code of Ethics a set of dynamic principles to guide his services to his fellow men and to his profession, with full knowledge of the responsibility of geologists to safeguard health, safety and public welfare, a Registered Professional Geologist:

(a) shall protect to the fullest extent the public welfare and safety;

(b) shall not act in any manner which will tend to bring discredit to the honor and dignity of his profession;

(c) shall not undertake any type of work with which he is not competent unless he makes full disclosure of his lack of training and/or experience to the appropriate parties prior to undertaking the work;

(d) shall not act for his client or employer other than as a faithful agent or trustee and shall protect to the fullest the Interest of his employer and/or client so far as is consistent with the law and his professional obligations and ethics;

(e) shall not use undue influence or offer commissions or otherwise solicit professional work improperly;

(f) shall not voluntarily disclose information concerning the lawful business affairs or technical processes of a client or employer without his consent, provided that this article does not operate to the detriment of public safety;

(g) shall not express an opinion which is not founded upon knowledge and honest conviction nor yield to undue and improper pressure;

(h) shall not advertise his work or merit in any manner derogatory to the dignity of the profession;

(i) will freely give credit for work done by others to whom credit is due and will refrain from plagiarism in oral and written communications, and not knowingly accept credit rightfully due another geologist;

(3) It shall be the duty and professional responsibility of every Registered Geologist to uphold these standards of ethics and to encourage other geologists by example and counsel to adhere to this Code. A Registered Geologist found by the Board to be in violation of this Code of Ethics shall be subject to loss of registration.

8-2 Complaints

Any person may prefer charges of fraud, deceit, gross negligence, incompetence or misconduct against any registrant. Such charges shall be in writing and shall be sworn to by the person or persons making them and shall be filed with the Secretary.

8-3 investigation

The Board shall initiate an investigation at the next Board meeting, either regular or called, of any such complaint and shall hold a hearing within three calendar months or ninety days after investigation on those complaints which it deems of sufficient merit.

8-4 Discipline

(1) The Board shall have the power to suspend, revoke, or refuse to renew the Certificate of Registration of any registrant who is found to have been involved in:

(a) the practice of any fraud or deceit in obtaining a Certificate of Registration;

(b) any gross negligence, incompetence, or misconduct in the practice of geology as a professional geologist;

(c) any felony or crime involving moral turpitude; or

(d) the commission of any unlawful act as set forth in the Act.

(2) Any such action by the Board in this regard shall be after a hearing is held in accordance with the procedures set forth in the Rules and Regulations and the Administrative Procedures Act, AR Code Annotated S 25-15-201 et seq which are hereby incorporated herein and by reference made a part hereof.

8-5 Misdemeanors

(1) Any person who shall publicly practice, or offer to publicly practice geology for others in this State without being registered in accordance with the provisions of the Act, or any person presenting or attempting to use as his own the Certificate of Registration or the seal of another, or any person who shall give any false or forged evidence of any kind to the Board or to any member thereof in obtaining a Certificate of Registration, or any person who shall falsely impersonate any other registrant of like or different name, or any person who shall attempt to use an expired or revoked Certificate of Registration, or practice at any time during a period the Board has suspended or revoked the Certificate of Registration shall be guilty of a misdemeanor.

(2) As soon as the Board determines that a misdemeanor has occurred, the information will be given to the office of the Attorney General for legal advice and assistance in accordance with Section 28(b) of Act 701 of 1987.

SECTION 9

9-1 Procedural Rules

The Arkansas State Board of Registration for Professional Geologists hereby adopts by reference as its permanent rules Sections One through Nine of the currently approved rules and any future amendments thereto.

Notes

155.00.93 Ark. Code R. § 001

8/9/1993