155-00-05 Ark. Code R. § 1

Current through Register Vol. 49, No. 6, June, 2024

Rule 155.00.05-001 - Section 3 - define the public practice of geology; Section 4-2 - allows for degree programs with equivalent geologic hours; Section 5-1 - defines the process for non-resident temporary work permits; Section 7-2 - sets cost for the non-resident temporary work permit; and Section 8 - announces the Boards authority to levy civil fines in disciplinary cases

SECTION 4

REGISTRATION TO PRACTICE UNDER TITLE OF REGISTERED GEOLOGIST

4-2Minimum Qualifications

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

(1) Be of good ethical character.

(2) Have graduated from an accredited college or university with either a major in geology, engineering geology, geological engineering or an earth science-related major that has been approved by the State Board of Registration for Professional Geologists. Such a degree will have to consist of the appropriate number of hours of geologic courses that would normally constitute a geology degree and will be evaluated on a case-by-case basis.

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

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

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

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

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

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

SECTION 5PRACTICE AFTER REGISTRATION

5-1Practice of Geology

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

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

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

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

(b) The practice of or offer to practice professional geology by a person not a resident of and having no established place of business in this State, provided such person is duly licensed or registered to practice such profession in another state where the requirements for a Certificate of Registration or license are not lower than those specified in the Act for obtaining the registration required for such work.

(i) Such a person shall apply to the State Board of Registration for Professional Geologists in writing. The request shall include the location, estimated length of time to complete the project, state in which he/she holds registration and a resume detailing work experience

(ii) After payment of a fee established by rule, he/she may be granted a written permit for a prescribed period of time of less than one (1) year to perform a specific practice of geology. No right to perform other practices of geology shall accrue to a person granted a written permit under this section.

SECTION 7FEES AND COSTS

7-2Schedule of Fees

The following schedule of fees is adopted:

Application for Registered Geologist ....................	..$20.00
Initial registration ..................................................	..$60.00
Annual Registration renewal fee ..........................	..$50.00
Replacement Certificate fee .................................	..$10.00
Geologist-in-Training Certificate ...........................	..$10.00
Geologist-in-Training application and annual fee.	..$20.00
Temporary Registration Work Permit ..................	$500.00

SECTION 8STANDARDS OF CONDUCT

8-4Discipline

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

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

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

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

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

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

155.00.05 Ark. Code R. § 001

8/16/2005