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                                                      PRINTER'S NO. 2016

THE GENERAL ASSEMBLY OF PENNSYLVANIA


SENATE BILL

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.
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     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.





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