PRINTER'S NO. 1388
No. 1139 Session of 1989
INTRODUCED BY STEWART AND SHUMAKER, JUNE 28, 1989
REFERRED TO STATE GOVERNMENT, JUNE 28, 1989
AN ACT
1 Establishing the State Board of Professional Geologists and
2 prescribing its powers and duties; providing for the
3 certification of professional geologists; and appropriating
4 funds collected.
5 TABLE OF CONTENTS
6 Section 1. Short title.
7 Section 2. Legislative findings.
8 Section 3. Definitions.
9 Section 4. Construction of act.
10 Section 5. Exemptions.
11 Section 6. State Board of Professional Geologists.
12 Section 7. Application.
13 Section 8. Qualifications.
14 Section 9. Certification.
15 Section 10. Violations.
16 Section 11. Roster.
17 Section 12. Penalties.
18 Section 13. Disposition of funds.
1 Section 14. Rules and regulations.
2 Section 15. General repeal.
3 Section 16. Expiration of act.
4 Section 17. Effective date.
5 The General Assembly of the Commonwealth of Pennsylvania
6 hereby enacts as follows:
7 Section 1. Short title.
8 This act shall be known and may be cited as the Geologists
9 Certification Act.
10 Section 2. Legislative findings.
11 The General Assembly finds that in order to safeguard life,
12 health, property and environment and to promote the public
13 welfare, the practice of geology in this Commonwealth is hereby
14 declared to be subject to regulation in the public interest. Two
15 years after this act goes into effect, it shall be unlawful for
16 any person to practice or offer to practice geology for others
17 within this Commonwealth unless such person has been duly
18 certified or exempted from certification under the provisions of
19 this act.
20 Section 3. Definitions.
21 The following words and phrases when used in this act shall
22 have the meanings given to them in this section unless the
23 context clearly indicates otherwise:
24 "Board." The State Board of Professional Geologists.
25 "Certificate." A certificate or other documentary evidence
26 that a geologist has been certified to engage in the practice of
27 geology.
28 "Certification or certifying." The act by the department of
29 certifying the qualifications of a professional geologist to
30 engage in the practice of geology.
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1 "Certified professional geologist." A person who, by reason
2 of knowledge of the principles of earth science acquired by
3 education and practical experience, is qualified to engage in
4 the practice of geology as hereinafter defined and who has been
5 certified by the department pursuant to the provisions of this
6 act, and whose certification is in force and has not been
7 suspended or revoked.
8 "Department." The Department of State of the Commonwealth.
9 "Display." Written reports, plans, maps, cross sections,
10 diagrams or any other presentations used to communicate the
11 results, conclusions and recommendations of the practice of
12 geology.
13 "Geology." The science which deals with the earth in
14 general, the earth's processes and the investigation of the
15 earth and the rocks and other materials which compose it; and
16 the science of utilizing knowledge of the earth's processes,
17 constituent rocks, minerals, liquids, gases and other materials
18 for the use of mankind.
19 "Practice of geology." The practice or the offer to practice
20 geology for others, including, but not limited to, describing
21 the natural processes acting on earth materials, gases or
22 fluids; predicting the probable occurrence of natural resources;
23 predicting and locating natural or man-induced phenomena which
24 may be useful or hazardous to mankind; and recognizing,
25 determining and evaluating geologic factors. The term includes,
26 but is not be limited to, geological consulting, investigating,
27 evaluation, inspecting, geological mapping, planning and giving
28 testimony before governmental agencies on or pertaining to
29 geological matters. The term shall not include the drilling of
30 wells for water supply, the conduct of sewage enforcement
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1 officers or determinations made pursuant to the requirements of
2 the act of January 24, 1966 (1965 P.L.1535, No.537), known as
3 the Pennsylvania Sewage Facilities Act, or the practice of
4 architecture or engineering or land surveying for which separate
5 licensure or certification is required under the provisions of
6 the act of December 14, 1982 (P.L.1227, No.281), known as the
7 Architects Licensure Law, or the act of May 23, 1945 (P.L.913,
8 No.367), known as the Professional Engineers Registration Law.
9 "Responsible charge." A position that requires initiative,
10 skill and independent judgment and implies such degree of
11 competence and accountability gained by technical education and
12 experience of a grade and character as is sufficient to qualify
13 an individual to personally and independently engage in, and be
14 entrusted with, the work involved in the practice of geology.
15 The term does not include positions which require routine
16 performance of subprofessional work, such as auxiliary
17 personnel, unless acting as chief of party.
18 Section 4. Construction of act.
19 (a) Practice by firms, etc.--A firm, corporation,
20 copartnership, association or joint-stock company may engage in
21 the practice of geology in this Commonwealth, provided that such
22 practice is carried on by or under the responsible charge of at
23 least one certified professional geologist or persons exempted
24 under section 5(7) whose name and seal or stamp appears on all
25 displays introduced into the stream of commerce.
26 (b) Educational activities.--This act shall not be construed
27 to affect or prevent the presentation of field excursions,
28 educational courses or other educational endeavors or the
29 pursuit of scientific studies for the advancement of the
30 sciences.
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1 Section 5. Exemptions.
2 The following shall be exempted from registration under the
3 provisions of this act:
4 (1) The practice of geology by a person not a resident
5 of and having no established place of business in this
6 Commonwealth, when such practice does not exceed an aggregate
7 of 30 days in any calendar year, provided that the person is
8 duly certified to practice geology in a state or other
9 jurisdiction in which the requirements for the certification
10 of geologists are of a standard satisfactory to the
11 department or the person presents evidence satisfactory to
12 the department that the person is a qualified geologist, and
13 provided that the nonresident shall file with the department,
14 before or within five days of the beginning of the aggregate
15 of a 30-day practice of geology in this Commonwealth, a
16 statement giving name, residence, the number of his
17 certificate or equivalent and by what authority issued or
18 other evidence of qualification, and the place and nature of
19 the work in which the person will be engaged in this
20 Commonwealth and, upon the completion of the work, a
21 statement of the time engaged in such work within this
22 Commonwealth. To such a person, the department shall issue a
23 temporary authorization to practice for not more than an
24 aggregate of 30 days, upon proper application therefor and
25 the payment of a fee established by the department.
26 (2) The practice of geology by a person who is not a
27 resident of and has no established place of business in this
28 Commonwealth, or who has recently become a resident,
29 practicing or offering to practice geology in this
30 Commonwealth for more than an aggregate of 30 days, if that
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1 person shall have filed with the department a proper
2 application for certification accompanied by the prescribed
3 fee, provided that the person is duly certified to practice
4 geology in a state or other jurisdiction in which the
5 requirements for the certification of geologists are of a
6 standard satisfactory to the department or the person
7 presents evidence satisfactory to the department that the
8 person is a qualified geologist. The department shall be
9 required to consider the application within 90 days from the
10 date of filing of the application. Until such time as the
11 department considers the application, the person practicing
12 geology shall be exempt from registration under this act.
13 (3) The practice of employees solely for their employer,
14 or any employee of a person practicing lawfully under the
15 provisions of this act.
16 (4) Persons who practice geology solely for their own
17 use, provided such practice is not directly related to the
18 public interest.
19 (5) Persons engaged solely in teaching the science of
20 geology.
21 (6) Officers and employees of the Federal Government and
22 of the Commonwealth while engaged in this Commonwealth in the
23 practice of geology for the State and Federal Governments.
24 (7) The practice of soil science, soil mechanics,
25 foundation engineering and geological engineering by
26 professional engineers who are duly licensed under the laws
27 of this Commonwealth.
28 Section 6. State Board of Professional Geologists.
29 (a) Membership of board.--The State Board of Professional
30 Geologists shall consist of the following:
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1 (1) The Secretary of Environmental Resources or his
2 designee.
3 (2) Two members appointed by the Governor who shall be
4 persons representing the public-at-large.
5 (3) Four members appointed by the Governor who shall be
6 certified professional geologists or who, until such time as
7 the provisions of this act are implemented, fulfill the
8 requirements for certification as herein specified.
9 (b) Terms of members.--The terms of members of the board
10 shall be four years or until a successor has been appointed and
11 qualified, but not longer than six months beyond the four-year
12 period. For purposes of board continuity beyond the inception of
13 the board, initial terms of appointments shall be four years for
14 the Secretary of Environmental Resources or his designee, four
15 years for one public member, two years for the second member,
16 four years for two professional members and two years for the
17 third and fourth professional members. No person shall hold
18 office for more than two successive terms.
19 (c) Quorum.--Four members of the board shall constitute a
20 quorum. A member may not be counted as part of a quorum or vote
21 on any issue under this act, other than temporary and automatic
22 suspension, unless he is physically in attendance at the
23 meeting.
24 (d) President of board.--Annually the board shall select a
25 president from among its members.
26 (e) Compensation.--Each member of the board, except the
27 Secretary of Environmental Resources or his designee, shall
28 receive $60 per diem when actually attending to the work of the
29 board. Members shall also receive the amount of reasonable
30 traveling, hotel and other necessary expenses incurred in the
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1 performance of their duties.
2 (f) Sunset review.--The board is subject to evaluation,
3 review and termination within the time and in the manner
4 provided in the act of December 22, 1981 (P.L.508, No.142),
5 known as the Sunset Act.
6 (g) Attendance at meetings.--A member of the board who fails
7 to attend three consecutive meetings shall forfeit his seat
8 unless the Commissioner of Professional and Occupational
9 Affairs, upon written request from the member, finds that the
10 member should be excused from a meeting because of illness or
11 the death of a family member.
12 (h) Attendance at training seminars.--A public member who
13 fails to attend two consecutive statutorily mandated training
14 seminars in accordance with section 813(e) of the act of April
15 9, 1929 (P.L.177, No.175), known as The Administrative Code of
16 1929, shall forfeit board membership unless the Commissioner of
17 Professional and Occupational Affairs, upon written request from
18 the public member, finds that the public member should be
19 excused from a meeting because of illness or the death of a
20 family member.
21 (i) Employees of board.--The board, with the approval of the
22 Commissioner of Professional and Occupational Affairs, may
23 employ and fix the compensation and duties of necessary
24 personnel to assist it in the performance of its duties.
25 (j) Duties generally.--The board shall have the duty to:
26 (1) Specify qualifications for certification consistent
27 with those hereinafter set out.
28 (2) Provide certificates and geologist trainee
29 certificates.
30 (3) Subject to the department's approval, specify means
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1 of application for certification.
2 (4) Specify means for examinations prior to
3 certification.
4 (5) Specify means for renewal, replacement and
5 reissuance of certificates.
6 (k) Code of ethics.--The board shall establish a code of
7 ethics for the practice of geology.
8 (l) Unlawful practices.--The board is hereby authorized to
9 request the Attorney General to apply for relief by injunction
10 in the established manner provided in cases of civil procedure,
11 without bond, to enforce the provisions of this act or to
12 restrain any violation thereof.
13 (m) Immunity.--The members of the board shall not be
14 personally liable in legal actions arising from the
15 administration of this act and of the board, provided that such
16 administration is in good faith.
17 Section 7. Application.
18 (a) Fee.--Each application for original certification shall
19 be accompanied by an application fee of $10 in the form of a
20 check or money order made payable to the Department of State.
21 (b) Contents.--An applicant for certification shall fill out
22 and file with the department the original of an application
23 form, available upon request from the department, no later than
24 60 days before the applicant plans to be certified. The form
25 shall require relevant information about the applicant's
26 character, geologic knowledge and experience in application of
27 that knowledge. Among the data required on the application form
28 is information about the applicant's:
29 (1) Educational background at the undergraduate and
30 graduate level.
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1 (2) Professional geological work, not to include work
2 involving routine sampling, laboratory work or geological
3 drafting. Persons who have taught geological science at
4 college level must provide information about the level of the
5 courses and number of hours per semester taught.
6 (3) Scientific and technical society affiliations and
7 the grade of membership and whether certified by each.
8 (4) Major publications, patents, reports and honors.
9 (5) Adherence to high professional and ethical standards
10 as attested by three references.
11 (c) Examination.--The board is hereby authorized to develop
12 and administer an examination which may become a prerequisite
13 for new certifications at whatever time and in whatever manner
14 the board shall approve.
15 Section 8. Qualifications.
16 Determination of satisfactory qualifications shall be based
17 on the applicant's character, knowledge of the principles and
18 techniques of geology and experience in the application of those
19 principles and techniques. The following shall be the minimum
20 qualifications for certification:
21 (1) The applicant must be of good moral character and
22 meet the following combination of education and experience:
23 (i) Education:
24 (A) graduation from an accredited institution of
25 higher learning, with a major in geology, geophysics,
26 geochemistry or engineering geology with a minimum of
27 30 semester or 45 quarter hours in geology,
28 geophysics, geochemistry, engineering geology or
29 their subdivisions; or
30 (B) completion of 30 semester or 45 quarter
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1 hours in geological science courses leading to a
2 major in geology, of which at least 24 semester or 36
3 quarter hours are in third or fourth year or graduate
4 courses.
5 (ii) Experience: Completion of at least seven years
6 of professional geological work, which shall include
7 either a minimum of three years of professional
8 geological work under the supervision of a certified
9 professional geologist (except that prior to July 1,
10 1990, professional geological work qualifies under this
11 subparagraph if it is under the supervision of a
12 qualified geologist), or a minimum of five years
13 experience in a responsible position in geological work.
14 (iii) The following criteria of education and
15 experience, which shall qualify as specified toward
16 accumulation of the required number of years of
17 professional geological work:
18 (A) Each year of undergraduate study in the
19 geological sciences shall count as one-half year of
20 professional geological work up to a maximum of two
21 years, and each year of graduate study or research
22 shall count as a year of professional geological
23 work.
24 (B) Teaching in the geological sciences at
25 college level counts as one year of professional
26 geological work, provided that the total teaching
27 experience includes six semester hours per semester
28 for at least two semesters, or equivalent if under
29 another system, of third or fourth year or graduate
30 courses.
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1 (C) Credit for undergraduate study and graduate
2 study, separately or in combination, may not exceed a
3 total of four years toward meeting the required
4 number of years of professional geological work.
5 (D) When any combination of teaching and
6 professional geological work by a faculty member is
7 applied to any one-year period, each activity must be
8 prorated so that the total credit toward meeting the
9 requirements for professional geological work will
10 not exceed 12 months.
11 (2) If in the opinion of the department inadequate
12 information has been provided by the applicant to allow the
13 department to ascertain whether the applicant satisfied the
14 qualifications for certification, the applicant may be
15 required to provide additional information for purposes of
16 the application or may be required to present himself or
17 herself for an interview at the department for this purpose.
18 Section 9. Certification.
19 (a) Issuance of certificate.--An applicant who meets the
20 qualifications for certification under this act, upon payment of
21 a certification fee in the form of a check or money order made
22 payable to the department in an amount established by the
23 department to carry out its responsibilities under the
24 provisions of this act, shall be issued a numbered certificate
25 as a professional geologist. A certification number, once
26 assigned, shall not be used again for any person other than the
27 one to whom it is originally issued.
28 (b) Eligibility.--Certification may be granted only to an
29 individual who:
30 (1) Pays the fee specified in this act.
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1 (2) Demonstrates to the satisfaction of the department
2 that the individual has the qualifications required by this
3 act.
4 (c) Denial.--An applicant who is denied certification shall
5 be notified in writing and informed of the reason for the
6 denial. Within 30 days after the receipt of notice, the
7 applicant may make written request to the department for a
8 hearing.
9 (d) Convictions.--A plea or verdict of guilty or a
10 conviction following a plea of nolo contendere made to a charge
11 of a felony or a crime involving moral turpitude is deemed to be
12 a conviction within the meaning of this act. The department may
13 order a certificate suspended or revoked or may decline to issue
14 a certificate when the time for an appeal has elapsed, when the
15 judgment of conviction has been affirmed on appeal or when an
16 order granting probation is made suspending the imposition of
17 sentence.
18 (e) Seals and stamps.--Each individual certified hereunder
19 may, upon certification, obtain and use a seal or stamp of
20 certification of a design authorized by the department, bearing
21 the certified individual's name and number, the legend
22 "Certified Professional Geologist" and the date of expiration of
23 the current certificate.
24 (f) Renewal of certification.--Every geologist certified
25 under this act who desires to continue the practice of geology
26 shall every two years pay to the department a renewal fee, to be
27 established by the department. The fee shall be paid on or
28 before a date to be fixed by the department, upon receipt of
29 which a renewal certificate for the current period shall be
30 issued.
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1 (g) Failure to renew.--Failure of a certified individual to
2 renew a certificate by the date of its expiration shall not
3 automatically deprive such person of the right of renewal,
4 except that application for renewal of an expired certificate
5 shall be made on a form and be accompanied by payment of such a
6 delayed renewal fee as the department may prescribe. A
7 certificate which is not renewed within two years after its
8 expiration date shall not be renewed thereafter. The holder of
9 such an expired certificate may reapply for certification under
10 any appropriate subsection of section 6.
11 (h) Replacement certificates.--Replacements for certificates
12 lost, destroyed or mutilated shall be issued subject to the
13 rules of the department. A replacement fee, to be established by
14 the department, shall be paid for such issuance.
15 Section 10. Violations.
16 (a) Unlawful practices.--From and after two years after this
17 act goes into effect, it shall be unlawful for any person to
18 practice or offer to practice geology, as defined in this act,
19 or to use in connection with the person's name or otherwise
20 assume or advertise any title or description tending to convey
21 the impression that the person is a certified professional
22 geologist, unless the person has been duly certified or exempted
23 under the provisions of this act. The right to engage in the
24 practice of geology shall be deemed a personal right, based on
25 the qualifications of the individual as evidenced by his
26 certificate, which shall not be transferable.
27 (b) Geologist displays.--From and after two years after this
28 act goes into effect, all geological displays shall be prepared
29 by a certified professional geologist or by a person under the
30 responsible charge of a certified professional geologist and all
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1 geological displays shall be signed, stamped or impressed with
2 the seal of the certified professional geologist, which shall
3 indicate responsibility for them, except that persons practicing
4 under the provisions of section 5 are exempted.
5 (c) Use of expired stamp, etc.--It shall be unlawful for a
6 person to affix that person's signature or stamp or to impress
7 that person's seal of registration to any display after the
8 certificate of the certified individual named thereon has
9 expired or been suspended or revoked.
10 (d) False use of stamp, etc.--It shall be unlawful for any
11 person to present or attempt to use as his own the certificate,
12 stamp or seal of certification of a certified individual or to
13 falsely impersonate any certified individual of like or
14 different name.
15 (e) Penalty.--Any person who violates any of the provisions
16 of this section commits a summary offense and shall, upon
17 conviction, be sentenced to pay a fine not exceeding $300 or to
18 imprisonment not exceeding 90 days, or both. Any person who
19 violates the provisions of this section for the second time
20 commits a misdemeanor of the second degree and shall, upon
21 conviction, be sentenced to pay a fine of $500 or to
22 imprisonment not exceeding two years, or both.
23 Section 11. Roster.
24 (a) Maintenance of roster.--As soon as practicable after the
25 completion of the biennial renewals in each even-numbered year,
26 the department shall maintain and make available a roster
27 showing the names and addresses of certified professional
28 geologists who are valid registrants in this Commonwealth until
29 the date shown in the roster.
30 (b) Individual responsibility.--It shall be the
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1 responsibility of each registrant to keep the department advised
2 of the latest address of the registrant.
3 Section 12. Penalties.
4 (a) Suspension, etc.--The department shall have the power
5 and authority to suspend, refuse to renew or to revoke the
6 certificate of any person who is found guilty in a court of law
7 of:
8 (1) The practice of fraud or deceit in obtaining a
9 certificate.
10 (2) Any felony.
11 (3) Committing deceit, willful misrepresentation,
12 violation of contract, fraud, gross negligence or any other
13 misconduct in the practice of geology.
14 (4) Aiding or abetting any person in the violation of
15 any provision of this act.
16 (5) Violating any provision of this act.
17 The department may confiscate the certificate and any stamp or
18 seal evidencing the certification of any person who is found
19 guilty.
20 (b) Right of complaint.--Any person may prefer, against any
21 certified individual, charges of fraud, deceit, gross negligence
22 or misconduct. The charges shall be in writing and shall be
23 sworn to by the person making them and shall be filed with the
24 department. All charges, unless dismissed by the department as
25 unfounded or trivial or unless amicably resolved by the parties,
26 shall be heard by a hearing examiner. Copies of any documents
27 filed in cases resulting in dismissal by the department shall be
28 sent to the secretary and kept on file for a period of six
29 years.
30 (c) Hearing examiners.--The department shall appoint such
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1 hearing examiners as shall be necessary to conduct hearings as
2 may be required under this subsection. The department shall have
3 the power to adopt and promulgate rules and regulations setting
4 forth the functions, powers, standards and duties to be followed
5 by the hearing examiners. The hearing examiners shall have the
6 power to conduct hearings in accordance with the regulations of
7 the department and to issue subpoenas requiring the attendance
8 and testimony of individuals or the production of pertinent
9 books, records, documents and papers by persons whom they
10 believe to have information relevant to any matter pending
11 before the examiner. The examiner shall also have the power to
12 administer oaths. The hearing examiner shall hear evidence
13 submitted and arguments of counsel, if any, with reasonable
14 dispatch, and shall promptly record his decision, supported by
15 findings of fact, and a copy thereof shall immediately be sent
16 to the secretary and to counsel of record, or the parties, if
17 not represented.
18 (d) Right of appeal.--Any certified individual aggrieved or
19 adversely affected by any final order of the department in an
20 individual proceeding may appeal in the manner provided by law
21 and general rule for the taking of appeals from the decisions of
22 administrative agencies.
23 (e) Reissuance of certificates after appeals.--Application
24 for the reissuance of a certificate after findings on appeals
25 may be made in such a manner as shall be directed by the
26 secretary.
27 Section 13. Disposition of funds.
28 All moneys from time to time paid by fees collected under the
29 provisions of this act shall be deposited in the General Fund
30 and shall be credited as an augmentation to the appropriate
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1 departmental appropriation for the purpose of administration of
2 this act. The expenditure of these funds for the administration
3 and enforcement of this act is hereby authorized and, for these
4 purposes, such funds are hereby appropriated.
5 Section 14. Rules and regulations.
6 The department shall promulgate such rules and regulations as
7 it deems necessary to carry out the provisions of this act.
8 Section 15. General repeal.
9 All acts and parts of acts are repealed insofar as they are
10 inconsistent with this act.
11 Section 16. Expiration of act.
12 This act shall expire in seven years unless extended by the
13 General Assembly.
14 Section 17. Effective date.
15 This act shall take effect immediately.
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