REPORT TITLE:
Geologists


DESCRIPTION:
Adds a new chapter to regulate the profession of geologists.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        
THE SENATE                              S.B. NO.           2660
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            
                                                             
________________________________________________________________
________________________________________________________________


                     A BILL FOR AN ACT

RELATING TO GEOLOGISTS.



BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 1      SECTION 1.  The Hawaii Revised Statutes is amended by adding
 
 2 a new chapter to be appropriately designated and to read as
 
 3 follows:
 
 4                             "CHAPTER
 
 5                            GEOLOGISTS
 
 6                    PART I.  GENERAL PROVISIONS
 
 7      §   -1 Definitions.  As used in this chapter:
 
 8      "Board" means the state board of registration for
 
 9 geologists.
 
10      "Department" means the department of commerce and consumer
 
11 affairs.
 
12      "Geologist" means a person engaged in the practice of
 
13 geology.
 
14      "Geology" means that science that studies the earth in
 
15 general; including the investigation of the earth's crust and the
 
16 rocks and other materials which compose it and the applied
 
17 science of utilizing knowledge of the earth and its constituent
 
18 rocks, minerals, liquids, gases, and other materials for the
 
19 benefit of humanity.
 

 
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                                     S.B. NO.           2660
                                                        
                                                        

 
 1      "Qualified geologist" means a person who possesses all the
 
 2 qualifications specified in section    -62 for registration
 
 3 except that the person is not registered.
 
 4      "Registered geologist" means a person registered as a
 
 5 geologist or a certified specialty geologist under this chapter.
 
 6      "Responsible charge of work" means the independent control
 
 7 and direction by the use of initiative, skill, and independent
 
 8 judgment of geological work or the supervision of that work.
 
 9      "Subordinate" means any person who assists a registered
 
10 geologist in the practice of geology without assuming the
 
11 responsible charge of work.
 
12                     PART II.  ADMINISTRATION
 
13      §   -21  State board of registration for geologists.  There
 
14 is established within the department for administrative purposes
 
15 a state board of registration for geologists consisting of seven
 
16 members appointed by the governor for staggered terms pursuant to
 
17 section 26-34.  Five shall be public members and two shall be
 
18 geologists qualified as provided in section    -22.  One public
 
19 member shall be appointed from a list of three nominees submitted
 
20 by the speaker of the house of representative and one public
 
21 member shall be appointed from a list of three nominees submitted
 
22 by the president of the senate.  No person shall serve as a
 
23 member of the board for more than two consecutive terms.
 

 
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 1      Each member shall hold office until the appointment and
 
 2 qualification of the member's successor or until one year has
 
 3 elapsed from the expiration of the term for which the member was
 
 4 appointed, whichever occurs first.  Vacancies occurring prior to
 
 5 the expiration of the term shall be filled by appointment for the
 
 6 remainder of the unexpired term.
 
 7      §   -22  Board members' qualifications.  Each member of the
 
 8 board shall be a citizen of the United States, shall be at least
 
 9 thirty years of age, and shall have been a resident of this State
 
10 for at least five years immediately preceding the member's
 
11 appointment.  Each of the first appointed geologist members of
 
12 the board shall have at least twelve years active experience and
 
13 shall be a qualified geologist; each subsequent geologist member
 
14 of the board shall be a geologist registered under this chapter.
 
15      §   -23  Per diem expenses for board members.  Each member
 
16 of the board shall receive per diem and expenses.
 
17      §   -24  Executive officer.  The board may appoint an
 
18 executive officer exempt from chapters 77 and 77 who shall
 
19 exercise the powers and perform the duties delegated by the board
 
20 and vested by this chapter.
 
21      §   -25  Annual meetings of the board.  The board shall meet
 
22 annually and at such other times as it may determine.
 
23      §   -26  Quorum.  Four members of the board shall constitute
 

 
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 1 a quorum for the transaction of business.
 
 2      §   -27  Rules.  The board may adopt rules pursuant to
 
 3 chapter 91 to carry out this chapter.
 
 4      §   -28  Records open for public inspection.  Except as
 
 5 otherwise provided by law, all records of the board shall be open
 
 6 to inspection by the public during regular office hours.
 
 7      §   -29  Seal.  The board shall have and use a seal bearing
 
 8 the name "State Board of Registration for Geologists".
 
 9      §   -30  Specialties provided on registration certification.
 
10 The board, by rule, may provide for the division of the
 
11 certification of registration into different specialties,
 
12 including, but not limited to, petroleum, mining, and ground
 
13 water, and may issue certificates in one or more of the
 
14 specialties in which the applicant demonstrated proficiency.  The
 
15 board shall provide such a certificate for those qualified in
 
16 engineering geology.
 
17      §   -31  Committees appointed by board; membership,
 
18 reimbursement for expenses.  The board shall appoint committees
 
19 as required or as deemed advisable to perform duties as the board
 
20 may direct; provided that the board shall not delegate any final
 
21 decision making authority to any committee that has as a member
 
22 any person who is not a member of the board.
 
23      Membership on those committees is at the pleasure of the
 

 
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 1 board.
 
 2      No member of a committee shall receive any other
 
 3 compensation than the member's necessary expenses, as approved by
 
 4 the board, connected with the performance of the member's duties
 
 5 as a member of the committee.
 
 6      §   -32  Board's relations with regulatory bodies; other
 
 7 states and countries.  The board shall establish relations with
 
 8 bodies that regulate the practice of geology, or closely related
 
 9 geologic disciplines, or which register geologists in other
 
10 states, and may establish relations with such bodies in other
 
11 countries, for the purposes of working toward uniformly high
 
12 professional standards and mutual recognition of registration.
 
13                  PART III.  SCOPE OF REGULATION
 
14      §   -41  Seal, stamp, or title of registered geologists;
 
15 permitted use.  After June 30,     , it is unlawful for anyone
 
16 other than a geologist registered under this chapter to stamp or
 
17 seal any plans, specifications, plats, reports, or other
 
18 documents with the seal or stamp of a registered geologist, or to
 
19 use in any manner the title "registered geologist" or the title
 
20 of any registered certified specialty geologist unless
 
21 registered, or registered and certified under this chapter.
 
22      §   -42  Stamping or sealing plans, specifications after
 
23 expiration, suspension, or revocation of registrant's
 

 


 

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 1 certificate; prohibited.  It is unlawful for anyone to stamp or
 
 2 seal any plans, specifications, plats, reports, or other
 
 3 documents with the seal after the certificate of the registrant,
 
 4 named on the seal, has expired, or has been suspended or revoked,
 
 5 unless the certificate has been renewed or reissued.
 
 6      §   -43  Practitioners subject to provisions.  Any person,
 
 7 unless specifically exempted by this chapter, who practices or
 
 8 offers to practice geology for others in this State is subject to
 
 9 this chapter.
 
10      §   -44  Permitted practice as sole proprietorship,
 
11 partnership, or corporation; registration of partner or corporate
 
12 officer.  This chapter does not prohibit one or more geologists
 
13 from practicing as a sole proprietorship, partnership, limited
 
14 liability company, or corporation.  In a partnership, limited
 
15 liability company, or corporation whose primary activity consists
 
16 of geological services, at least one partner, member, manager, or
 
17 officer shall be a registered geologist.
 
18      §   -45  Permitted employment of geologist by individual
 
19 company; not primarily engaged in practice of geology.  This
 
20 chapter does not prevent or prohibit an individual, firm,
 
21 company, association, or corporation whose principal business is
 
22 other than the practice of geology from employing a geologist to
 
23 perform professional services in geology incidental to the
 

 
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 1 conduct of their business.
 
 2      §   -46  Required preparation of plans by registered
 
 3 geologist; signing or stamping with seal.  All geologic plans,
 
 4 specifications, reports, or documents shall be prepared by a
 
 5 registered geologist or by a subordinate employee under direction
 
 6 of a registered geologist.  All geologic plans, specifications,
 
 7 reports, or documents shall be signed by, or stamped with the
 
 8 seal of the registered geologist which shall indicate
 
 9 responsibility.
 
10      §   -47  United States officers and employees as
 
11 practitioners; exemption from registration.  Officers and
 
12 employees of the United States government, practicing solely as
 
13 such officers or employees, are exempt from registration under
 
14 this chapter.
 
15      §   -48  Exemption of subordinate from registration;
 
16 prohibited use of titles.  A subordinate to a geologist
 
17 registered under this chapter, insofar as the subordinate acts
 
18 solely in that capacity, is exempt from registration under this
 
19 chapter.  This exemption, however, does not permit a subordinate
 
20 to practice geology for others in the subordinate's own right or
 
21 to use the title "registered geologist".
 
22      §   -49  Engineers; exemption from registration.  Engineers
 
23 licensed under chapter 464, insofar as they practice engineering
 

 
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 1 in its various branches respectively, are exempt from this
 
 2 chapter.
 
 3      §   -50  Civil engineering; unauthorized practice.  This
 
 4 chapter shall not empower a geologist registered under this
 
 5 chapter to practice or offer to practice engineering under
 
 6 chapter 464.
 
 7      §   -51  Practice of geophysics; application of chapter.
 
 8 This chapter shall not empower a geologist registered under this
 
 9 chapter to practice or offer to practice geophysics for others in
 
10 this State except as the geophysical work is related to the
 
11 person's practice of geology.
 
12                      PART IV.  REGISTRATION
 
13      §   -61  Application; fee.  An application for registration
 
14 as a geologist shall be made to the board on a form prescribed by
 
15 the board and shall be accompanied by the application fee
 
16 established by section    -107.
 
17      §   -62  Qualifications of applicant for registration as
 
18 geologist.  An applicant for registration as a geologist shall
 
19 have all the following qualifications:
 
20      (1)  Not have committed any acts or crimes constituting
 
21           grounds for revocation of licensure under section
 
22              -81;
 
23      (2)  Meet one of the following educational requirements
 

 
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 1           fulfilled at a school or university whose geological
 
 2           curricula meet criteria established by rules of the
 
 3           board:
 
 4           (A)  Graduation with a major in geology; or
 
 5           (B)  Completion of thirty semester units in geological
 
 6                science courses leading to a major in geology, of
 
 7                which at least twenty-four units are in the third
 
 8                or fourth year, or graduate courses;
 
 9      (3)  Have at least seven years of professional geological
 
10           work that includes either a minimum of three years of
 
11           professional geological work under the supervision of a
 
12           registered geologist or a licensed engineer, except
 
13           that prior to July 1,     , professional geological
 
14           work shall qualify under this paragraph if it is under
 
15           the supervision of a qualified geologist or a licensed
 
16           engineer, or a minimum of five years' experience in
 
17           responsible charge of professional geological work.
 
18           Professional geological work does not include routine
 
19           sampling, laboratory work, or geological drafting;
 
20           provided that:
 
21           (A)  Each year of undergraduate study in the geological
 
22                sciences shall count as one-half year of training
 
23                up to a maximum of two years, and each year of
 

 
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 1                graduate study or research shall count as a year
 
 2                of training;
 
 3           (B)  Teaching in the geological sciences at college
 
 4                level shall be credited year for year toward
 
 5                meeting the requirement in this category; provided
 
 6                that the total teaching experience includes six
 
 7                semester units per semester, or the equivalent if
 
 8                on the quarter system, of third or fourth year or
 
 9                graduate courses;
 
10           (C)  Credit for undergraduate study, graduate study,
 
11                and teaching, individually, or in any combination
 
12                thereof, shall in no case exceed a total of four
 
13                years towards meeting the requirement for at least
 
14                seven years of professional geological work as set
 
15                forth above; and
 
16           (D)  The ability of the applicant shall have been
 
17                demonstrated by the applicant having performed the
 
18                work in a responsible position, as the term
 
19                "responsible position" is defined in rules adopted
 
20                by the board.  The adequacy of the required
 
21                supervision and experience shall be determined by
 
22                the board in accordance with standards set forth
 
23                in rules; and
 

 
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 1      (4)  Successfully pass a written examination that
 
 2           incorporates a national examination for geologists
 
 3           created by a nationally recognized entity approved by
 
 4           the board, and a supplemental Hawaii specific
 
 5           examination.  The Hawaii specific examination shall
 
 6           test the applicant's knowledge of state laws, rules,
 
 7           and seismicity and geology unique to practice within
 
 8           this State.  The board shall use the national
 
 9           examination on or before June 30,     .
 
10      §   -63  Requirements for certification; specialty in
 
11 geology.  An applicant for certification in a specialty in
 
12 geology shall meet all of the requirements of section    -62 and,
 
13 in addition, the applicant's seven years of professional
 
14 geological work shall include one of the following:
 
15      (1)  A minimum of three years performed under the
 
16           supervision of a geologist certified in the specialty
 
17           for which the applicant is seeking certification or
 
18           under the supervision of a licensed engineer; or
 
19      (2)  A minimum of five years' experience in responsible
 
20           charge of professional geological work in the specialty
 
21           for which the applicant is seeking certification.
 
22      §   -64  Examination for registration; time and place;
 
23 scope.  Examination for registration shall be held at the times
 

 
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 1 and places within the state that the board determines.  The scope
 
 2 of examinations and the methods of procedure may be prescribed by
 
 3 rule of the board; provided that examinations for registration as
 
 4 a geologist shall test the applicant's knowledge of geology, and
 
 5 of any established specialty for which the applicant applies, and
 
 6 the ability to apply that knowledge and to assume responsible
 
 7 charge in the professional practice of geology.
 
 8      §   -65  Reexamination on filing new application; fees.  An
 
 9 applicant failing in an examination may be examined again upon
 
10 filing a new application and the payment of the application fee
 
11 fixed by this chapter.
 
12      §   -66  Issuance of certificate of registration without
 
13 written examination; holder of equivalent certificate issued by
 
14 another state or country.  The board, upon application on its
 
15 prescribed form, and upon the payment of the application and
 
16 registration fees fixed by this chapter, may issue a certificate
 
17 of registration as a geologist without written examination, to
 
18 any person holding an equivalent certificate of registration as a
 
19 geologist, issued by any state or country when the applicant's
 
20 qualifications meet the other requirements of this chapter and
 
21 the rules established by the board.
 
22      §   -67  Temporary authorization for practice of geology or
 
23 specialty.  A temporary authorization for the practice of geology
 

 
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 1 or a certified specialty geology, or both geology and a certified
 
 2 specialty geology, may be granted, for a specific project, upon
 
 3 application and payment of the fee prescribed in section    -107,
 
 4 for a period not to exceed sixty consecutive days in any calendar
 
 5 year if the applicant complies with all of the following:
 
 6      (1)  The applicant maintains no office for the practice of
 
 7           geology or a certified specialty geology, or both
 
 8           geology and a certified specialty geology, other than
 
 9           for the authorized project, in this State;
 
10      (2)  The applicant is qualified to practice geology or a
 
11           certified specialty geology, or both geology and a
 
12           certified specialty geology for others, and is not
 
13           legally prohibited from so doing, in the state or
 
14           country where the applicant maintains an office for
 
15           that practice; and
 
16      (3)  The applicant demonstrates by means of an individual
 
17           appearance before the board, or before a committee
 
18           appointed by the board for that purpose, satisfactory
 
19           evidence of adequate knowledge in that phase of geology
 
20           for which the applicant proposes to practice under the
 
21           temporary authorization.
 
22      If the applicant can satisfy the board that the completion
 
23 of the specific project for which the authorization is granted
 

 
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 1 will require more than sixty consecutive calendar days, the board
 
 2 may extend the authorization to a period not to exceed a total of
 
 3 one hundred-twenty days.
 
 4      Upon completion of these requirements as necessary, the
 
 5 executive officer on direction of the board shall issue a
 
 6 temporary authorization to the applicant.
 
 7      §   -68  Majority of board required to determine
 
 8 qualifications of applicant.  In determining the qualifications
 
 9 of an applicant for registration, certification, or temporary
 
10 authorization, a majority vote of the board is required.
 
11      §   -69  Certificate of registration.  An applicant who has
 
12 passed the examination and has otherwise qualified as a geologist
 
13 under this chapter shall be issued a certificate of registration
 
14 upon payment of the registration fee under section    -107.
 
15      §   -70  Certified specialty geologist; certificate.  An
 
16 applicant who has passed the examination for a certified
 
17 specialty geologist in the specialty and has otherwise qualified
 
18 under this chapter shall be issued a certificate upon payment of
 
19 the fee under section    -107.
 
20      A certificate for certified specialty geologist shall be
 
21 signed by the chairperson of the board and the executive officer
 
22 and issued under the seal of the board.
 
23      §   -71  Seal.(a)  Each geologist registered under this
 

 
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 1 chapter, upon registration, may obtain a seal of a design
 
 2 authorized by the board bearing the registrant's name, number of
 
 3 the registrant's certificate, and the legend "registered
 
 4 geologist".
 
 5      (b)  Each specialty geologist certified under this chapter,
 
 6 upon certification, may obtain a seal of the design authorized by
 
 7 the board bearing the registrant's name, number of the
 
 8 registrant's certificate, and the legend "certified specialty
 
 9 geologist".
 
10      §   -72  Duplicates issued to replace lost, destroyed, or
 
11 mutilated certificates; fees.  A duplicate certificate of
 
12 registration to replace one lost, destroyed, or mutilated may be
 
13 issued subject to the rules of the board.  The duplicate
 
14 certificate fee under section    -107 shall be charged.
 
15      §   -73  Presumptive evidence of legal registration;
 
16 certificate and endorsement of registry.  An unsuspended,
 
17 unrevoked, and unexpired certificate and endorsement of registry
 
18 made under this chapter is presumptive evidence in all courts and
 
19 places that the person named therein is legally registered.
 
20      §   -74  Notice to applicant of denial of registration or
 
21 authorization; request to board for hearing.  Any applicant who
 
22 is denied registration or authorization, in writing, shall be so
 
23 notified and informed of the reason therefor.  Within thirty days
 

 
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 1 after receipt of notice, the applicant may make written request
 
 2 to the board for a hearing, which, if granted, shall be conducted
 
 3 as specified in chapter 91.
 
 4                 PART V.  DISCIPLINARY PROCEEDINGS
 
 5      §   -81  Board's investigation of complaint; reproval or
 
 6 suspension of certificate; revocation.(a)  The board, upon its
 
 7 own initiative or upon the receipt of a complaint, may
 
 8 investigate the actions of any registered geologist, or person
 
 9 granted temporary authorizations pursuant to section    -67 and
 
10 make findings thereon.
 
11      (b)  By a majority vote, the board may publicly reprove,
 
12 suspend for a period not to exceed two years, or revoke the
 
13 certificate of any geologist registered under this chapter, or
 
14 may publicly reprove or revoke the temporary authorization
 
15 granted to any person pursuant to section    -67, on any of the
 
16 following grounds:
 
17      (1)  Conviction of a crime substantially related to the
 
18           qualification, functions, or duties of a geologist;
 
19      (2)  Misrepresentation, fraud, or deceit by a geologist in
 
20           the geologist's practice;
 
21      (3)  Negligence or incompetence by a geologist in the
 
22           geologist's practice;
 
23      (4)  Violation of any contract undertaken in the capacity of
 

 
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 1           a geologist; or
 
 2      (5)  Fraud or deceit in obtaining a certificate to practice
 
 3           as a geologist or in obtaining a temporary
 
 4           authorization to practice pursuant to section    -67.
 
 5      (c)  By a majority vote, the board may publicly reprove,
 
 6 suspend for a period not to exceed two years, or revoke the
 
 7 certificate of any geologist registered under this chapter, or
 
 8 may publicly reprove or revoke the temporary authorization
 
 9 granted to any person pursuant to section    -67, for
 
10 unprofessional conduct.  Unprofessional conduct includes, but is
 
11 not limited to, any of the following:
 
12      (1)  Aiding or abetting any person in a violation of this
 
13           chapter or any rule adopted by the board pursuant to
 
14           this chapter;
 
15      (2)  Violating this chapter or any rule adopted by the board
 
16           pursuant to this chapter; or
 
17      (3)  Conduct in the course of practice as a geologist that
 
18           violates professional standards adopted by the board.
 
19      §   -82  Reissuance of certificate of registration or
 
20 authorization; approval by majority of board.  The board may
 
21 reissue a certificate of registration, certification, or
 
22 authority, to any person whose certificate has been revoked if a
 
23 majority of the members of the board vote in favor of the
 

 
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 1 reissuance for reasons the board deems sufficient.
 
 2      §   -83  Plea or verdict of guilty or conviction following
 
 3 nolo contendere plea deemed to be conviction; effect of appeal;
 
 4 withdrawal of plea; setting aside verdict; dismissal.  A plea or
 
 5 verdict of guilty or a conviction following a plea of nolo
 
 6 contendere made to a charge substantially related to the
 
 7 qualifications, functions, and duties of a geologist is deemed to
 
 8 be a conviction within the meaning of this chapter.  The board
 
 9 may order the certificate or authorization suspended or revoked,
 
10 or may decline to issue a certificate or authorization, when the
 
11 time for appeal has elapsed, or the judgment of conviction has
 
12 been affirmed on appeal, or when an order granting probation is
 
13 made suspending the imposition of sentence, irrespective of a
 
14 subsequent order allowing the person to withdraw the plea of
 
15 guilty and to enter a plea of not guilty, or setting aside the
 
16 verdict of guilty, or dismissing the accusation, information, or
 
17 indictment.
 
18              PART VI.  OFFENSES AGAINST THE CHAPTER
 
19      §   -91  Investigation of provisions violation.  The board
 
20 shall have the power, duty, and authority to investigate
 
21 violations of this chapter.
 
22      §   -92  Executive officer to aid other officers.  It shall
 
23 be the duty of the respective officers charged with the
 

 
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 1 enforcement of laws to prosecute all persons charged with the
 
 2 violation of this chapter.
 
 3      It shall be the duty of the executive officer of the board,
 
 4 under the direction of the board, to aid these officers in the
 
 5 enforcement of this chapter.
 
 6      §   -93  Misdemeanor offenses, punishment and imprisonment.
 
 7 Every person is guilty of a misdemeanor and for each offense of
 
 8 which the person is convicted is punishable by a fine of not more
 
 9 than $1,000 or by imprisonment not to exceed three months, or by
 
10 both fine and imprisonment:
 
11      (1)  Who, unless the person is exempt from registration
 
12           under this chapter, practices or offers to practice
 
13           geology for others in this State according to this
 
14           chapter without a certificate of registration;
 
15      (2)  Who presents or attempts to file as the person's own
 
16           the certificate of registration of another;
 
17      (3)  Who gives false evidence of any kind to the board, or
 
18           to any member thereof, in obtaining a certificate of
 
19           registration;
 
20      (4)  Who impersonates or uses the seal of any other
 
21           practitioner;
 
22      (5)  Who uses an expired or revoked certificate of
 
23           registration;
 

 
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 1      (6)  Who shall represent oneself as, or use the title of,
 
 2           registered geologist, or any other title whereby the
 
 3           person could be considered as practicing or offering to
 
 4           practice geology for others, unless the person is
 
 5           qualified by registration as a geologist under this
 
 6           chapter;
 
 7      (7)  Who manages, or conducts as manger, proprietor, or
 
 8           agent, any place of business from which geological work
 
 9           is solicited, performed, or practiced for others,
 
10           unless the geological work is supervised or performed
 
11           by a registered geologist; or
 
12      (8)  Who violates any provision of this chapter.
 
13      §   -94  Injunction or order restraining prohibited act or
 
14 practice; provisions governing proceedings.  Whenever any person
 
15 has engaged in or is about to engage in any act or practice which
 
16 constitutes or which, in the opinion of the board, will
 
17 constitute an offense against this chapter, the circuit court, on
 
18 application of the board, may issue an injunction or other
 
19 appropriate order restraining the act or practice.
 
20                        PART VII.  REVENUE
 
21      §   -101  Expiration and renewal of certificates.  A
 
22 certificate of registration as a geologist or as a specialty
 
23 geologist shall expire on the last day of the birth month of the
 

 
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 1 certificate holder during the second year of a two-year term if
 
 2 not renewed.  To renew an unexpired certificate, the certificate
 
 3 holder, on or before the date of expiration of the certificate,
 
 4 shall apply for renewal of a form prescribed by this chapter.
 
 5      For purposes of implementing the distribution of the renewal
 
 6 of registrations throughout the year, the board may establish a
 
 7 system of staggered certificate expiration dates and a pro rata
 
 8 formula for the payment of renewal fees by certificate holders
 
 9 affected by the implementation of the program.
 
10      §   -102  Renewal of certificates after expiration.  Except
 
11 as otherwise provided in this chapter, certificates of
 
12 registration for a geologist or certified specialty geologist may
 
13 be renewed at any time within five years after expiration upon
 
14 filing an application for renewal on a form prescribed by the
 
15 board and payment of the renewal fee.  If the certificate is
 
16 renewed more than thirty days after its expiration, the
 
17 certificate holder, as a condition precedent to renewal, shall
 
18 also pay the delinquency fee prescribed by section    -107.
 
19 Renewal under this section shall be effective on the date on
 
20 which the application is filed, on the date on which the renewal
 
21 fee is paid, or on the date on which the delinquency fee, if any,
 
22 is paid, whichever last occurs.
 
23      §   -103  Suspended certificate; expiration and renewal;
 

 


 

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 1 effect of renewal.  A suspended certificate is subject to
 
 2 expiration and shall be renewed as provided in this chapter, but
 
 3 the renewal does not entitle the holder of the certificate, while
 
 4 it remains suspended and until it is reinstated, to engage in the
 
 5 activity to which the certificate relates, or in any other
 
 6 activity or conduct in violation of the order or judgment by
 
 7 which it was suspended.
 
 8      §   -104  Revoked certificate; expiration; reinstatement;
 
 9 fees.  A revoked certificate is subject to expiration as provided
 
10 in this chapter, but it may not be renewed.  If it is reinstated
 
11 after its expiration, the holder of the certificate, as a
 
12 condition precedent to its reinstatement, shall pay a
 
13 reinstatement fee, plus the delinquency fee, if any, accrued at
 
14 the time of its revocation.
 
15      §   -105  Prohibited renewal of certificates; issuance of
 
16 new certificate; waiver or refund of application fee.
 
17 Certificates of registration for a geologist or certified
 
18 specialty geologist that are not renewed within five years after
 
19 expiration may not be renewed, restored, reinstated, or reissued
 
20 thereafter.  The holder of such certificate may apply for and
 
21 obtain a new certificate, if the holder:
 
22      (1)  Has not committed any acts set forth in section    -81;
 
23      (2)  Takes and passes the examination, if any, that would be
 

 
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 1           required if applying for the certificate for the first
 
 2           time.
 
 3      The board, by rule, may provide for the waiver or refund of
 
 4 all or any part of the application fee in those cases in which a
 
 5 certificate is issued without an examination pursuant to this
 
 6 section.
 
 7      §   -106  Board's report on revenue received.  The board
 
 8 shall report annually the amount and source of all moneys
 
 9 received pursuant to this chapter.
 
10      §   -107  Schedule of fees.  The amount of the fees
 
11 prescribed by this chapter shall be fixed by the board in
 
12 accordance with the following schedule:
 
13      (1)  The fee for filing each application for registration as
 
14           a geologist or certification as a specialty geologist
 
15           and for administration of the examination at not more
 
16           than $250;
 
17      (2)  The registration fee for a geologist and the fee for
 
18           the certification in a specialty shall be fixed at an
 
19           amount equal to the renewal fee, except that, with
 
20           respect to certificates that will expire less than one
 
21           year after issuance, the fee shall be fixed at an
 
22           amount equal to fifty per cent of the renewal fee.  The
 
23           board, by appropriate rule, may provide for the waiver
 

 
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                                     S.B. NO.           2660
                                                        
                                                        

 
 1           or refund of the initial certificate fee where the
 
 2           certificate is issued less than forty-five days before
 
 3           the date on which it will expire;
 
 4      (3)  The duplicate certificate fee at not more than $6;
 
 5      (4)  The temporary registration fee for a geologist at not
 
 6           more than $80;
 
 7      (5)  The renewal fee for a geologist shall be fixed by the
 
 8           board at not more than $200;
 
 9      (6)  The renewal fee for a specialty geologist at not more
 
10           than $50;
 
11      (7)  The delinquency fee for a certificate shall be an
 
12           amount equal to fifty per cent of the renewal fee in
 
13           effect on the last regular renewal date;
 
14      (8)  The fees fixed by the board pursuant to paragraphs (5)
 
15           and (6), as of January 1,     , shall not be increased;
 
16           and
 
17      (9)  Each applicant for registration as a geologist shall
 
18           pay an examination fee fixed by the board in an amount
 
19           equal to the actual cost to the board for the purchase
 
20           of a national examination for geologists created by a
 
21           nationally recognized entity approved by the board, and
 
22           shall not exceed $300."
 
23      SECTION 2.  This Act shall take effect upon its approval.
 
24 
 
25                              INTRODUCED BY:______________________