PRINTER'S NO. 2016
No. 1527 Session of 1990
INTRODUCED BY STEWART AND SHUMAKER, MARCH 19, 1990
REFERRED TO CONSUMER PROTECTION AND PROFESSIONAL LICENSURE, MARCH 19, 1990
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. Practice by firms, corporations, partnerships and 10 associations. 11 Section 5. Exemptions. 12 Section 6. State Board of Professional Geologists. 13 Section 7. Application. 14 Section 8. Qualifications. 15 Section 9. Temporary certificates. 16 Section 10. Unlawful practice. 17 Section 11. Record. 18 Section 12. Refusal, suspension or revocation of certificate.
1 Section 13. Reinstatement of certificate. 2 Section 14. Reporting of multiple certification or licensure. 3 Section 15. Surrender of suspended or revoked certificate. 4 Section 16. Penalties. 5 Section 17. Subpoenas. 6 Section 18. Fees and reports. 7 Section 19. Rules and regulations. 8 Section 20. Appropriation. 9 Section 21. Repeals. 10 Section 22. Effective date. 11 The General Assembly of the Commonwealth of Pennsylvania 12 hereby enacts as follows: 13 Section 1. Short title. 14 This act shall be known and may be cited as the Geologists 15 Certification Act. 16 Section 2. Legislative findings. 17 The General Assembly finds that in order to safeguard life, 18 health, property and environment and to promote the public 19 welfare, the practice of geology in this Commonwealth is hereby 20 declared to be subject to regulation in the public interest. 21 Section 3. Definitions. 22 The following words and phrases when used in this act shall 23 have the meanings given to them in this section unless the 24 context clearly indicates otherwise: 25 "Board." The State Board of Professional Geologists. 26 "Certified professional geologist." A person who, by reason 27 of knowledge of the principles of Earth science acquired by 28 education and practical experience, is qualified to engage in 29 the practice of geology as hereinafter defined and who has been 30 certified by the State Board of Professional Geologists pursuant 19900S1527B2016 - 2 -
1 to the provisions of this act, and whose certification is in 2 force and has not been suspended or revoked. 3 "Commissioner." The Commissioner of Professional and 4 Occupational Affairs. 5 "Department." The Department of State of the Commonwealth. 6 "Display." Written reports, plans, maps, cross sections, 7 diagrams or any other presentations used to communicate the 8 results, conclusions and recommendations of the practice of 9 geology. 10 "Geology." The science which treats the Earth in general; 11 the study of the physical Earth by means of measuring its 12 natural and induced fields of force and its responses to natural 13 and induced energy and the interpreting of these measurements 14 and the relating of them to the physics of the Earth; the 15 investigation of the Earth's crust and the rocks and other 16 minerals which compose it and the applied science of utilizing 17 knowledge of the earth and its constituent rocks, minerals, 18 liquids, gases and other materials for the benefit of mankind. 19 "Practice of geology." The practice or the offer to practice 20 geology for others for a fee including, but not limited to, 21 describing the natural processes acting on earth materials, 22 gases or fluids; predicting the probable occurrence of natural 23 resources; predicting and locating natural or man-induced 24 phenomena which may be useful or hazardous to mankind; and 25 recognizing, determining and evaluating geologic factors. The 26 foregoing shall not be deemed to include the practice of 27 engineering, land surveying or landscape architecture for which 28 separate registration is required. 29 "Responsible charge." A position of independent control and 30 direction by the use of initiative, skill and independent 19900S1527B2016 - 3 -
1 judgment in geological work or the supervision of such work. 2 Section 4. Practice by firms, corporations, partnerships and 3 associations. 4 A firm, corporation, copartnership, association or joint- 5 stock company may engage in the practice of geology in this 6 Commonwealth, provided that such practice is carried on by or 7 under the responsible charge of at least one certified 8 professional geologist or persons exempted under section 5(4) 9 whose name and seal or stamp appears on all displays provided to 10 the public. 11 Section 5. Exemptions. 12 The following shall be exempted from registration under the 13 provisions of this act: 14 (1) The work of employees of certified geologists, 15 solely in assisting a certified geologist in the practice of 16 geology, without assuming the responsible charge of work. 17 This exemption does not permit any such employee to practice 18 geology for others in his own right or to use the title 19 certified professional geologist. 20 (2) Persons engaged solely in teaching the science of 21 geology. 22 (3) Officers and employees of the Federal Government and 23 of the Commonwealth while engaged in this Commonwealth in the 24 practice of geology for the Federal and State Government. 25 (4) Individuals licensed as professional engineers, 26 professional land surveyors or registered landscape 27 architects performing geological work which is incidental to 28 their engineering, surveying or landscape architecture. 29 Section 6. State Board of Professional Geologists. 30 (a) Membership of board.--The State Board of Professional 19900S1527B2016 - 4 -
1 Geologists shall consist of the Secretary of Environmental 2 Resources or his designee, the Commissioner of Professional and 3 Occupational Affairs, two members appointed by the Governor with 4 the advice and consent of the Senate, who shall be persons 5 representing the public at large, and five members appointed by 6 the Governor with the advice and consent of the Senate, who 7 shall be certified professional geologists or who, until such 8 time as the provisions of this act are implemented, fulfill the 9 requirements for certification as herein specified. 10 (b) Terms of members.-- 11 (1) The terms of members of the board shall be four 12 years or until a successor is duly appointed and qualified, 13 but no longer than six months after the expiration of the 14 term. In the event that a board member shall die, resign or 15 otherwise become disqualified during the term of office, a 16 successor shall be appointed in the same way and with the 17 same qualifications as set forth in this section and shall 18 hold office for the unexpired portion of the unexpired term. 19 No board member shall be eligible for appointment to serve 20 more than two consecutive four-year terms. 21 (2) Within 90 days of the effective date of this act, 22 the Governor shall nominate one public member and one 23 professional member to serve four-year terms, two 24 professional members to serve three-year terms, one public 25 and one professional member to serve two-year terms and one 26 professional member to serve a one-year term. 27 (c) Quorum.--A majority of the members of the board serving 28 in accordance with the law shall constitute a quorum. A member 29 may not be counted as part of a quorum or vote on any issue 30 under this act unless he is physically in attendance at the 19900S1527B2016 - 5 -
1 meeting. 2 (d) Officers of the board.--Annually the board shall select 3 a chairman and a secretary from among its members. 4 (e) Compensation.--Each member of the board, except the 5 commissioner and the Secretary of Environmental Resources or his 6 designee, shall receive $60 per diem when actually attending to 7 the work of the board. Members shall also receive the amount of 8 reasonable traveling, hotel and other necessary expenses 9 incurred in the performance of their duties in accordance with 10 Commonwealth regulations. 11 (f) Sunset review.--The board is subject to evaluation, 12 review and termination within the time and in the manner 13 provided in the act of December 22, 1981 (P.L.508, No.142), 14 known as the Sunset Act. 15 (g) Attendance at meetings.--A member of the board who fails 16 to attend three consecutive meetings shall forfeit his seat 17 unless the commissioner, upon written request from the member, 18 finds that the member should be excused from a meeting because 19 of illness or the death of a family member. 20 (h) Attendance at training seminars.--A public member who 21 fails to attend two consecutive statutorily mandated training 22 seminars in accordance with section 813(3) of the act of April 23 9, 1929 (P.L.177, No.175), known as The Administrative Code of 24 1929, shall forfeit board membership unless the commissioner, 25 upon written request from the public member, finds that the 26 public member should be excused from a meeting because of 27 illness or the death of a family member. 28 (i) Employees of board.--The board, with the approval of the 29 commissioner, may employ and fix the duties of necessary 30 personnel to assist it in the performance of its duties. 19900S1527B2016 - 6 -
1 (j) Duties generally.--The board shall have the duty to: 2 (1) Specify qualifications for certification consistent 3 with those hereinafter set out. 4 (2) Provide certificates and geologist trainee 5 certificates. 6 (3) Subject to the department's approval, specify means 7 of application for certification. 8 (4) Specify means for examinations prior to 9 certification. 10 (5) Specify means for renewal, replacement and 11 reissuance of certificates. 12 (k) Code of ethics.--The board shall establish by regulation 13 a code of ethics for the practice of geology. 14 (l) Specialties.--The board may, by regulation, provide for 15 the division of the certification of geologists into different 16 specialties, including, but not limited to, petroleum, mining, 17 groundwater and engineering, and may issue certificates in one 18 or more of the specialties in which the applicant demonstrates 19 proficiency. 20 Section 7. Application. 21 (a) Fee.--Each application for original certification shall 22 be accompanied by an application fee in an amount established by 23 the board by regulation and in the form of a check or money 24 order made payable to the Commonwealth of Pennsylvania. 25 (b) Contents.--An applicant for certification shall file 26 with the board the original of an application form, available 27 from the board. The form shall require such relevant information 28 about the applicant's character, training and experience 29 required under this act as shall be established by the board by 30 regulation. 19900S1527B2016 - 7 -
1 (c) Examination.--The board is hereby authorized to develop 2 and administer an examination which the board may require as a 3 prerequisite for new certifications. All written, oral and 4 practical examinations shall be prepared and administered by a 5 qualified and approved professional testing organization in the 6 manner prescribed for written examinations by the provisions of 7 section 812.1 of the act of April 9, 1929 (P.L.177, No.175), 8 known as The Administrative Code of 1929. 9 Section 8. Qualifications. 10 (a) Qualifications.--An applicant shall be qualified to be 11 certified after submission of proof satisfactory to the board 12 that the applicant: 13 (1) Is of good moral character. 14 (2) Has graduated from an accredited institution of 15 higher learning, with a major in geology, geophysics, 16 geochemistry or engineering geology with a minimum of 30 17 semester or 45 quarter hours in geology, geophysics, 18 geochemistry, engineering geology or their subdivisions; or 19 completion of 30 semester or 45 quarter hours in geological 20 science courses leading to a major in geology, of which at 21 least 24 semester hours are in third or fourth year or 22 graduate courses. 23 (3) Has completed at least seven years of professional 24 geological work, which shall include either a minimum of 25 three years of professional geological work under the 26 supervision of a certified professional geologist, except 27 that prior to July 1, 1991, professional geological work 28 shall qualify under this section if it is under the 29 supervision of a qualified geologist, or a minimum of five 30 years experience in responsible charge of professional 19900S1527B2016 - 8 -
1 geological work. Professional geological work does not 2 include routine sampling, laboratory work or geological 3 drafting. In establishing the required number of years of 4 professional geological work the following criteria of 5 education and experience shall be utilized: 6 (i) Each year of undergraduate study in the 7 geological sciences shall count as one-half year of 8 professional geological work up to a maximum of two 9 years, and each year of graduate study or research shall 10 count as a year of professional geological work. 11 (ii) Teaching in the geological sciences at college 12 level counts as one year of professional geological work, 13 provided that the total teaching experience includes six 14 semester hours per semester for at least two semesters, 15 or equivalent if under another system, of third or fourth 16 year or graduate courses. 17 (iii) Credit for undergraduate study, graduate study 18 and teaching, individually, or in any combination 19 thereof, may not exceed a total of four years toward 20 meeting the required number of years of professional 21 geological work. 22 (4) Has passed any examination duly adopted by the 23 board. 24 (5) Has paid all appropriate fees in the amount 25 determined by the board by regulation. 26 (6) Has not been convicted of a felony under the act of 27 April 14, 1972 (P.L.233, No.64), known as The Controlled 28 Substance, Drug, Device and Cosmetic Act, or of an offense 29 under the laws of another jurisdiction which if committed in 30 this Commonwealth would be a felony under The Controlled 19900S1527B2016 - 9 -
1 Substance, Drug, Device and Cosmetic Act, unless: 2 (i) at least ten years have elapsed from the date of 3 conviction; 4 (ii) the applicant otherwise satisfactorily 5 demonstrates to the board that he has made significant 6 progress in personal rehabilitation since the conviction 7 such that certification of the applicant should not be 8 expected to create a substantial risk of harm to the 9 health and safety of his clients or the public or a 10 substantial risk of further criminal violations; and 11 (iii) the applicant otherwise satisfies the 12 qualifications contained in or authorized by this act. As 13 used in this subparagraph the term "convicted" shall 14 include a judgment, an admission of guilt or a plea of 15 nolo contendere. 16 (b) Verification of application.--Each applicant shall 17 submit an affidavit or affirmation of the applicant as to the 18 verity of the application. Any applicant who knowingly or 19 willfully makes a false statement of fact in his application 20 shall be subject to prosecution for perjury and to having his 21 request for certification denied. 22 (c) Denial.--An applicant who is denied certification shall 23 be notified in writing and informed of the reason for the 24 denial. 25 (d) Seals and stamps.--Each individual certified under this 26 act shall, upon certification, obtain and use a seal or stamp of 27 certification of a design authorized by the board, bearing the 28 certified individual's name and number, the legend "Certified 29 Professional Geologist." 30 (e) Renewal of certification.--Every geologist certified 19900S1527B2016 - 10 -
1 under this act who desires to continue the practice of geology 2 shall every two years pay to the board a renewal fee, to be 3 established by the board by regulation. The fee shall be paid on 4 or before a date to be fixed by the board, upon receipt of which 5 a renewal certificate for the current period shall be issued. 6 (f) Failure to renew.--Failure of a certified individual to 7 renew a certificate by the date of its expiration shall not 8 automatically deprive such person of the right of renewal, 9 except that application for renewal of an expired certificate 10 shall be made on a form and be accompanied by payment of a 11 delayed renewal fee as the board may prescribe by regulation. 12 (g) Replacement certificates.--Replacements for certificates 13 lost, destroyed or mutilated shall be issued subject to the 14 rules of the board. A replacement fee, to be established by the 15 board by regulation, shall be paid for such issuance. 16 Section 9. Temporary certificates. 17 A temporary certificate may be granted by the board for the 18 practice of geology, upon proper application for and the payment 19 of a fee established by the board by regulation, by a person who 20 is not a resident of and has no established place of business in 21 this Commonwealth, when such practice does not exceed an 22 aggregate of 30 days in any calendar year, provided that the 23 person is duly certified to practice geology in a state or other 24 jurisdiction in which the requirements for the certification of 25 geologists are of a standard satisfactory to the board or the 26 person presents evidence satisfactory to the board that the 27 person is qualified to practice geology and is not legally 28 prohibited from doing so in the state or country where he 29 maintains an office for that practice, and provided that the 30 nonresident shall file with the board, before or within five 19900S1527B2016 - 11 -
1 days of the beginning of the aggregate of a 30-day practice of 2 geology in this Commonwealth, a statement giving name, 3 residence, the number of his certificate or equivalent and by 4 what authority issued or other evidence of qualification, and 5 the place and nature of the work in which the person will be 6 engaged in this Commonwealth and, upon completion of the work, a 7 statement of the time engaged in such work within this 8 Commonwealth. 9 Section 10. Unlawful practices. 10 (a) Unlawful practice.--No person shall practice or offer to 11 practice geology, as defined in this act, or to use in 12 connection with the person's name or otherwise assume or 13 advertise any title or description tending to convey the 14 impression that the person is a certified professional 15 geologist, unless the person has been duly certified or exempted 16 under the provisions of this act. 17 (b) Geologist displays.--All geological displays shall be 18 prepared by a certified professional geologist or by a person 19 under the responsible charge of a certified professional 20 geologist and all geological displays shall be signed, stamped 21 or impressed with the seal of the certified professional 22 geologist, which shall indicate responsibility for them. 23 (c) Use of another's stamp.--It shall be unlawful for any 24 person to present or attempt to use as his own the certificate, 25 stamp or seal of certification of a certified individual or to 26 falsely impersonate any certified individual of like or 27 different name. 28 (d) Penalty.--A person who violates any of the provisions of 29 this section commits a summary offense and shall, upon 30 conviction, be sentenced to pay a fine of not more than $500 or 19900S1527B2016 - 12 -
1 to imprisonment for not more than 90 days, or both. A person who 2 violates the provisions of this section for the second time 3 commits a misdemeanor of the second degree and shall, upon 4 conviction, be sentenced to pay a fine of $1,000 or to 5 imprisonment of not more than two years, or both. 6 Section 11. Record. 7 (a) Maintenance of record.--As soon as practicable after the 8 completion of the biennial renewals in each even-numbered year, 9 the board shall maintain and made available a record showing the 10 names and addresses of certified professional geologists who are 11 valid registrants in this Commonwealth until the date shown in 12 the record. 13 (b) Individual responsibility.--It shall be the 14 responsibility of each registrant to keep the board advised of 15 the latest address of the registrant. 16 Section 12. Refusal, suspension or revocation of certificate. 17 (a) General rule.--The board may refuse to issue a 18 certificate or may suspend, revoke, limit or restrict a 19 certificate or reprimand a certificate holder for any of the 20 following reasons: 21 (1) Failing to demonstrate the qualifications or 22 standards for a certificate contained in this act or 23 regulations of the board. 24 (2) Making misleading, deceptive, untrue or fraudulent 25 representations in the practice of geology. 26 (3) Practicing fraud or deceit in obtaining a a 27 certificate to practice geology. 28 (4) Displaying gross incompetence, negligence or 29 misconduct in carrying on the practice of geology. 30 (5) Submitting a false or deceptive biennial 19900S1527B2016 - 13 -
1 registration to the board. 2 (6) Being convicted of a felony in any Federal or State 3 court or being convicted of the equivalent of a felony in any 4 foreign country or being convicted of a misdemeanor in the 5 practice geology. As used in this paragraph the term 6 "convicted" includes a finding or verdict of guilt or a plea 7 of nolo contendere or receiving probation without verdict, 8 disposition in lieu of trial or an Accelerated Rehabilitative 9 Disposition the disposition of felony charges. 10 (7) Having a certificate to practice geology suspended, 11 revoked or refused or receiving other disciplinary action by 12 the proper geologist certificating or licensing authority of 13 another state, territory or country. 14 (8) Being unable to practice geology with reasonable 15 skill and safety by reason of illness, drunkenness, excessive 16 use of drugs, narcotics, chemicals or any other type of 17 material, or as a result of any mental or physical condition. 18 In enforcing this paragraph, the board shall, upon probable 19 cause, have authority to compel a geologist to submit to a 20 mental or physical examination by a physician or a 21 psychologist approved by the board. Failure of a geologist to 22 submit to such examination when directed by the board, unless 23 such failure is due to circumstances beyond his control, 24 shall constitute an admission of the allegations against him, 25 consequent upon which a default and final order may be 26 entered without the taking of testimony or presentation of 27 evidence. A geologist affected in this paragraph shall at 28 reasonable intervals, as determined by the board, be afforded 29 an opportunity to demonstrate that he can resume a competent 30 practice of geology with reasonable skill and safety. 19900S1527B2016 - 14 -
1 (9) Violating a lawful regulation promulgated by the 2 board, including, but not limited to, ethical regulations or 3 violating a lawful order of the board previously entered in a 4 disciplinary proceeding. 5 (10) Knowingly aiding, assisting, procuring or advising 6 any uncertificated person to practice geology contrary to 7 this act or regulations of the board. 8 (11) Committing immoral or unprofessional conduct. 9 Unprofessional conduct shall include any departure from, or 10 failure to conform to, the standards of acceptable and 11 prevailing geology practice. Actual injury to a client need 12 not be established. 13 (b) Board action.--When the board finds that the certificate 14 or application for certificate of any person may be refused, 15 revoked, restricted or suspended under the terms of subsection 16 (a), the board may: 17 (1) Deny the application for a certificate. 18 (2) Administer a public reprimand. 19 (3) Revoke, suspend, limit or otherwise restrict a 20 license as determined by the board. 21 (4) Require a certificate holder to submit to the care, 22 counseling or treatment of a physician designated by the 23 board. 24 (5) Suspend enforcement of its findings thereof and 25 place a certificate holder on probation with the right to 26 vacate the probationary order for noncompliance. 27 (6) Restore a suspended certificate to practice geology 28 and impose any disciplinary or corrective measure which it 29 might originally have imposed. 30 (c) Hearing.--All actions of the board shall be taken 19900S1527B2016 - 15 -
1 subject to the right of notice, hearing and adjudication and the 2 right of appeal therefrom in accordance with 2 Pa.C.S. (relating 3 to administrative law and procedure). 4 Section 13. Reinstatement of certificate. 5 Unless ordered to do so by the Commonwealth Court or an 6 appeal therefrom, the board shall not reinstate the certificate 7 of a person to practice geology pursuant to this act, which has 8 been revoked. A person whose certificate has been revoked may 9 apply for reinstatement, after a period of at least five years, 10 but must meet all of the licensing qualifications of this act, 11 including any examination requirement, if he desires to practice 12 as a geologist pursuant to this act at any time after such 13 revocation. 14 Section 14. Reporting of multiple certification or licensure. 15 Any certified geologist of this Commonwealth who is also 16 certificated or licensed to practice geology in any other state, 17 territory or country shall report this information to the board 18 on the biennial renewal application. Any disciplinary action 19 taken in any other state, territory or country shall be reported 20 to the board on the biennial renewal application, or within 90 21 days of disposition, whichever is sooner. Multiple certification 22 or licensure shall be noted by the board on the certified 23 geologist's record, and such state, territory or country shall 24 be notified by the board of any disciplinary actions taken 25 against the certified geologist in this Commonwealth. 26 Section 15. Surrender of suspended or revoked certificate. 27 The board shall require a person whose certificate has been 28 suspended or revoked to return the certificate in such manner as 29 the board directs. Failure to do so shall be a misdemeanor of 30 the third degree. 19900S1527B2016 - 16 -
1 Section 16. Penalties. 2 (a) Criminal penalties.--A person who violates this act 3 commits a misdemeanor of the third degree and shall, upon 4 conviction, be sentenced to pay a fine of not more than $1,000 5 or to imprisonment for not more than 90 days, or both. 6 (b) Civil penalty.--In addition to any other civil remedy or 7 criminal penalty provided for in this act, the board by a vote 8 of the majority of the maximum number of the authorized 9 membership of the board as provided by law, or by a vote of the 10 majority of the duly qualified and confirmed membership or a 11 minimum of four members, whichever is greater, may levy a civil 12 penalty of not more than $1,000 on any current certificate 13 holder who violates any provision of this act or on any person 14 who holds himself out as a certified geologist without being so 15 certified pursuant to this act. The board shall levy this 16 penalty only after affording the accused party the opportunity 17 for a hearing, as provided in 2 Pa.C.S. (relating to 18 administrative law and procedure). 19 (c) Disposition.--All fines and civil penalties imposed in 20 accordance with this section shall be paid into the Professional 21 Licensure Augmentation Account. 22 (d) Injunction.--Unlawful practice may be enjoined by the 23 courts upon petition of the commissioner or the board. In any 24 proceeding under section 10, it shall not be necessary to show 25 that any person is individually injured by the actions 26 complained of. If the court finds that the respondent has 27 violated section 10, it shall enjoin him from practicing until 28 he has been duly certified. The injunction remedy provided in 29 this section shall be in addition to any other civil or criminal 30 prosecution and punishment. 19900S1527B2016 - 17 -
1 Section 17. Subpoenas. 2 (a) Power to issue.--The board shall have the authority to 3 issue subpoenas, upon application of an attorney responsible for 4 representing the Commonwealth in disciplinary matters before the 5 board, for the purpose of investigating alleged violations of 6 the disciplinary provisions administered by the board. The board 7 shall have the power to subpoena witnesses, to administer oaths, 8 to examine witnesses and to take such testimony or compel the 9 production of such books, records, papers and documents as it 10 may deem necessary or proper in, and pertinent to, any 11 proceeding, investigation or hearing held or had by it. Client 12 records may not be subpoenaed without consent of the client or 13 without order of a court of competent jurisdiction on a showing 14 that the records are reasonably necessary for the conduct of the 15 investigation. The court may impose such limitations on the 16 scope of the subpoena as are necessary to prevent unnecessary 17 intrusion into client confidential information. The board is 18 authorized to apply to the Commonwealth Court to enforce its 19 subpoenas. 20 (b) Notification of board.--An attorney responsible for 21 representing the Commonwealth in disciplinary matters before the 22 board shall notify the board immediately upon receiving 23 notification of an alleged violation of this act. The board 24 shall maintain current records of all reports of alleged 25 violations and periodically review the records for the purpose 26 of determining that each alleged violation has been resolved in 27 a timely manner. 28 Section 18. Fees and reports. 29 (a) Fees.-- 30 (1) All fees required pursuant to this act shall be 19900S1527B2016 - 18 -
1 fixed by the board by regulation and shall be subject to the 2 act of June 25, 1982 (P.L.633, No.181), known as the 3 Regulatory Review Act. If the revenues raised by fees, fines 4 and civil penalties imposed pursuant to this act are not 5 sufficient to meet expenditures over a two-year period, the 6 board shall increase those fees by regulation so that 7 projected revenues will meet or exceed projected 8 expenditures. 9 (2) If the Bureau of Professional and Occupational 10 Affairs determines that the fees established by the board 11 pursuant to paragraph (1) are inadequate to meet the minimum 12 enforcement efforts required by this act, then the bureau, 13 after consultation with the board and subject to the 14 Regulatory Review Act, shall increase the fees by regulation 15 in an amount so that adequate revenues are raised to meet the 16 required enforcement effort. 17 (b) Reports.-- 18 (1) The board shall submit annually a report to the 19 Professional Licensure Committee of the House of 20 Representatives and the Consumer Protection and Professional 21 Licensure Committee of the Senate containing a description of 22 the types of complaints received, status of the cases, board 23 action which has been taken and length of time from the 24 initial complaint to final board resolution. 25 (2) The board shall submit annually to the 26 Appropriations Committees of the House of Representative and 27 the Senate, 15 days after the Governor has submitted his 28 budget to the general Assembly, a copy of the budget request 29 for the upcoming fiscal year which the board previously 30 submitted to the department. 19900S1527B2016 - 19 -
1 Section 19. Rules and regulations. 2 The board shall promulgate rules and regulations as it deems 3 necessary to carry out the provisions of this act. 4 Section 20. Appropriation. 5 The sum of $50,000, or as much thereof as may be necessary, 6 is hereby appropriated from the Professional Licensure 7 Augmentation Account within the General Fund to the Bureau of 8 Professional and Occupational Affairs in the Department of State 9 for the payment of costs of processing licenses and renewals for 10 the operation of the State Board of Professional Geologists and 11 for other general costs of the bureau's operations relating to 12 this act. The appropriation granted shall be repaid by the board 13 within three years of the beginning of issuance of licenses by 14 the board. 15 Section 21. Repeals. 16 All acts and parts of acts are repealed insofar as they are 17 inconsistent with this act. 18 Section 22. Effective date. 19 This act shall take effect as follows: 20 (1) Section 6 of this act shall take effect immediately. 21 (2) The remainder of the act shall take effect within 22 one year of the appointment and confirmation of the members 23 of the board. C9L63JS/19900S1527B2016 - 20 -