South Carolina General Assembly
106th Session, 1985-1986

Bill 906


                    Current Status

Bill Number:               906
Ratification Number:       586
Act Number:                507
Introducing Body:          Senate
Subject:                   Create the State Board of Registration
                           for Geologists
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(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

(A507, R586, S906)

AN ACT TO AMEND TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 77 SO AS TO CREATE THE STATE BOARD OF REGISTRATION FOR GEOLOGISTS, TO DEFINE ITS POWERS AND DUTIES, TO REGULATE THE PRACTICE OF GEOLOGY, AND TO PROVIDE PENALTIES.

Be it enacted by the General Assembly of the State of South Carolina:

Geologists

SECTION 1. Title 40 of the 1976 Code is amended by adding:

"CHAPTER 77

Geologist

Section 40-77-10. As used in this chapter:

1. 'Board' means the State Board of Registration for Geologists.

2. 'Geologist' means a person with special knowledge of the science of geology, hydrology, geophysics, and related earth sciences and principles and methods of geological analysis acquired by professional education and practical experience.

3. 'Geologist-in-training' means a person who possesses the qualifications prescribed in Section 40-77-160 and who has been certified as a geologist-in-training.

4. 'Geology' means the science dealing with the earth and its history; investigation, prediction, and location of the materials and structures which compose it; the natural processes that cause change in the earth; and the applied science of utilizing knowledge of the earth and its constituent rocks, minerals, liquids, gases, and other materials for the benefit of mankind. This definition shall not include any service or creative works, the adequate performance of which requires engineering education, training, and experience.

5. 'Public practice of geology' means the performance of geological service or work in the nature of consultation, investigation, surveys, evaluations, planning, mapping, and inspection of geologic work required for or supporting compliance with municipal, county, State of South Carolina, or federal regulations. This definition does not include or allow the practice of engineering as defined in Chapter 21 of this title. A person is construed to practice or offer to practice geology within the meaning and intent of this chapter who (a) practices in any branch of the profession of geology, (b) by verbal claim, sign, advertisement, letterhead, card, or in any other way represents himself to be a registered professional geologist or through the use of some other title implies that he is a professional geologist, or (c) holds himself out as able to perform or does perform any geological service or work or any other professional service designated by the practitioner or recognized by educational authorities as geology, but the practice of geology does not include the work ordinarily performed by persons who practice engineering as defined in Chapter 21 of this title.

6. 'Registered professional geologist' means a person registered as a professional geologist by the board and who meets the necessary requirements of Section 40-77-150, who is a graduate in an approved geologic curriculum for four years or more from a school or college approved by the board as of satisfactory standing, or who has had five years or more of experience in geologic work of a character satisfactory to the board and who, in addition, has successfully passed the examination in the fundamental geologic subjects prior to completion of the requisite years of experience in geologic work, as provided in Section 40-77-160, and who has received from the board a certificate stating that he has successfully passed this portion of the professional examinations.

7. 'Responsible charge of work' means the independent control and direction by the use of initiative, skill, and independent judgment of geological work or the supervision of geological work. Responsible charge of geologic teaching or research may be construed as responsible charge of important geological work.

Section 40-77-20. In order to safeguard life, health, and property and to promote the public welfare, any person engaged in the public practice of geology or offering to engage in the public practice of geology is required to submit evidence that he is qualified to practice and must be registered. It is unlawful for any person to offer or engage in the public practice of geology in this State, as defined in Section 40-77-10, or to use in connection with his name or otherwise assume, use, or advertise any title or description tending to convey the impression that he is a registered professional geologist, unless he has been duly registered under the provisions of this chapter.

Section 40-77-30. There is created the State Board of Registration for Geologists which shall administer the provisions of this chapter. The board shall consist of four registered professional geologists of varied geological backgrounds who have the qualifications required by Section 40-77-40 and one lay member who is not a geologist. At all times, at least one member of the board must be an academic geologist, one member must be a salaried company geologist, one member must be an independent or consultant geologist, and one member must be a geologist from a state agency. Each member must be appointed by the Governor for a term of five years and until his successor possessing the same qualifications is appointed and qualifies. Vacancies in the membership of the board must be filled for unexpired terms by appointment by the Governor as provided in this section.

Section 40-77-40. Each geologist member of the board must have been engaged in the practice of geology for at least twelve years and must have been in responsible charge of important geologic work for at least five years. Responsible charge of geologic teaching or research may be construed as responsible charge of important geological work.

Section 40-77-50. Every member of the board shall receive a certificate of his appointment from the Governor and before beginning his term of office shall file with the Secretary of State his written oath or affirmation for the faithful discharge of his official duty.

Section 40-77-60. Each member of the board shall receive per diem, subsistence, and mileage provided by law for members of state boards, committees, and commissions when actually attending to the work of the board.

Section 40-77-70. The board shall hold at least two regular meetings each year. Special meetings may be held at times as the bylaws of the board may provide. Notice of all meetings must be given in the manner as the bylaws may provide. The board shall elect annually a chairman, vice-chairman, and a secretary. A quorum of the board consists of three members.

Section 40-77-80. The board may adopt and amend bylaws and rules of procedure not inconsistent with the Constitution and laws of this State. The board shall adopt an official seal.

Section 40-77-90. The secretary of the board shall receive and account for all monies derived under the provisions of this chapter and shall pay them to the the State Treasurer who shall keep the monies in a separate fund to be known as the fund of the Board of Registration for Geologists. The fund must be paid out only by vouchers drawn by the chairman and secretary of the board. All monies in the fund are for the use of the board. Under no circumstances shall the total amount of warrants issued by the Comptroller General in payment of the expenses, including per diem, mileage, and subsistence, and compensation provided for in this chapter exceed the amount of the application examination, registration, and renewal fees collected.

Section 40-77-100. The board may employ clerical and other assistants necessary for the proper performance of its work and make expenditures of its fund for any purpose it considers necessary for performing its duties.

Section 40-77-110. In carrying out the provisions of this chapter, the board may subpoena witnesses and compel their attendance and also may require the production of books, papers, reports, documents, and similar material in a case involving practicing or offering to practice without registration. Any member of the board may administer oaths or affirmations to witnesses appearing before the board. If any person refuses to obey any subpoena or refuses to testify or produce any books, papers, reports, documents, or similar material, the board may petition the circuit court to issue its subpoena requiring his attendance to testify or to produce books, papers, reports, documents, or similar material considered necessary and pertinent by the board. Any person failing or refusing to obey a subpoena or order of the court may be subject to legal proceedings.

Section 40-77-120. The board shall keep a record of its proceedings and a register of all applications for registration showing (a) the name, age, and residence of each applicant, (b) the date of the application, (c) the place of business of the applicant, (d) his educational and other qualifications, (e) whether or not an examination was required, (f) whether the applicant was rejected, (g) whether a certificate of registration was granted, (h) the

date of the action of the board, and (i) other information considered necessary by the board.

The records of the board are prima facie evidence of the proceedings of the board and a transcript of them, certified by the secretary, is admissible in evidence with the same force and effect as the original.

Section 40-77-130. A roster showing the names and places of business of all registered professional geologists must be published during the month of August of each year. Copies of this roster must be mailed to each person registered, placed on file with the Secretary of State, and furnished to the public upon request.

Section 40-77-140. Annually, on or before June thirtieth, the board shall submit to the Governor a report of its transactions of the preceding year and a complete statement of the receipts and expenditures of the board, attested by its chairman and its secretary.

Section 40-77-150. An applicant is eligible for registration as a registered professional geologist if he:

(1) graduated in an approved geologic curriculum of four or more years from a school or college approved by the board and furnishes a specific record of an additional five years or more of full-time experience as a geologist-in-training in geologic work or at least five years of geologic work germane to public practice satisfactory to the board indicating that the applicant is competent to practice geology and who has passed the oral or written examinations required by the board. In counting years of experience the board at its discretion may give credit, not in excess of one year, for each graduate degree in geology; or

(2) graduated in geology or a related science curriculum approved by the board of four years or more in a school or college other than those approved by the board, furnishes a specific record of eight years or more of experience on geologic work of a character satisfactory to the board indicating that the applicant is competent to practice geology and

has passed a written or oral examination designed to show knowledge and skill approximating that attained through graduation in an approved four-year geologic curriculum, and then passes the examinations required of applicants in item (1) of this section.

Section 40-77-160. The minimum evidence that an applicant is qualified for registration as a geologist-in-training is:

(1) graduated in an accredited geologic curriculum of four scholastic years or more from a school or college approved by the board and passing a written examination required by the board; or

(2) graduated in a geologic or a related science curriculum of four scholastic years or more from a school or college other than those approved by the board in item (1) of this section with a specific record of five years or more of experience in geological work of a character satisfactory to the board or passing written examinations in geologic subjects designed to show knowledge and skill approximating that attained through graduation in an approved geologic curriculum and passing the written examinations as required in item (1) of this section.

Section 40-77-170. (a) In addition to registering as a registered professional geologist, qualified persons may also be eligible for recognition in a specialty. The specialties may be created by the board by regulation, with the regulations containing any required additional qualifications. Application may be submitted for both registration as a registered professional geologist and for recognition in a speciality at the same time, but the applicant in every case must be approved for registration as a registered professional geologist before being approved for recognition in a specialty.

(b) An applicant for recognition in a specialty shall meet all of the requirements of a registered professional geologist and special requirements as the board may establish by

regulation, which shall include the passage of an examination in the specialty and, in addition, his five years of professional geological work shall include one of the following:

(1) a minimum of three years' experience under the supervision of a registered professional geologist and recognized in the speciality for which he is seeking recognition or under the supervision of a registered civil engineer if the applicant is seeking registration as an engineering geologist.

(2) a minimum of four years' experience in responsible charge of geological work in the specialty for which the applicant is seeking recognition.

Section 40-77-180. Examinations must be conducted by the board at times and places the board determines but must be held at least annually.

Section 40-77-190. In considering the qualifications of applicants, full-time geologic teaching at the university level or research work may be considered as geologic work experience.

Section 40-77-200. Any person having the necessary qualifications prescribed in this chapter is eligible for registration although he may not be practicing his profession at the time of making his application.

Section 40-77-210. A person holding a license to practice geology, based on comparable licensing requirements by a state, territory, or possession of the United States, the District of Columbia, or of any foreign country and who, in the opinion of the board, otherwise meets the requirements of this chapter may, upon application, and payment of applicable fees be licensed without further examination.

Section 40-77-220. Applications for registration must be on forms furnished by the board containing statements showing under oath the applicant's education and a detailed summary of his technical work and other relevant information.

Section 40-77-230. The board shall by regulation establish application, examination, reexamination, registration, and reregistration fees which must be paid at the time of each application or reapplication.

Should the board deny the issuance of a certificate of registration to any applicant the initial fee deposited must be retained as an application fee. A registration fee must be collected prior to issuance of a certificate of registration to a qualified applicant and a reregistration fee is due and payable in accordance with Section 40-77-290.

Section 40-77-240. When examinations are required on fundamental geological subjects ordinarily given in college curricula, the applicant may take that part of the examination prior to his completion of the requisite years of scholastic studies in geology. The examination must be prepared and conducted as prescribed by the board with special reference to the applicant's ability to ensure the safety of life, health, and property.

Section 40-77-250. The board shall issue a certificate of registration, upon payment of the registration fee, to any applicant who has satisfactorily met all the requirements of this chapter. For a registered professional geologist, the certificate must authorize the practice of geology. For a geologist-in-training, the certificate must state that the applicant has completed the scholastic requirements, has successfully passed the examination in fundamental, geological subjects required by the board, and has been enrolled as a geologist-in-training. The certificates must show the full name of the registrant, have a serial number, and must be signed by the chairman and the secretary of the board under seal of the board.

Section 40-77-260. A candidate failing an examination may apply for reexamination at the next examination date and must be reexamined with payment of an additional fee sufficient to cover the cost of reexamination. A candidate for registration who has failed the same topical examination two times shall provide evidence satisfactory to the board that he has taken steps such as additional schooling, classes, seminars, or self-study to better prepare himself for a third examination on the same topical subject. A new application is required of any candidate having failed the same topical examination three times for a new determination by the board as to whether he has the necessary experience and other qualifications for admittance to further examination.

Section 40-77-270. The issuance of a certificate of registration by the board is prima facie evidence that the person named is entitled to all the rights and privileges of a registered professional geologist while the certificate remains valid.

Section 40-77-280. Each registrant shall, upon registration, obtain a seal of the design authorized by the board, bearing his name, number, and the title 'registered professional geologist'. All drawings, reports, or other geologic papers or documents involving geologic work as defined in this chapter which have been prepared or approved by a registered professional geologist or a subordinate employee under his direction for the use of or for delivery to any person or for public record within this State must be signed by him and impressed with his seal or the seal of a nonresident practicing under the provisions of this chapter.

Section 40-77-290. Every registered professional geologist who, under the provisions of this chapter, decides to continue the practice of his profession shall annually during the month of June, upon payment of the prescribed fee, be issued a renewal registration card for the ensuing registration year.

Section 40-77-300. The board may revoke the registration of any registrant who has been declared insane by a court of competent jurisdiction and has not thereafter been lawfully declared sane or who is found guilty of:

(1) the practice of any fraud or deceit in obtaining registration;

(2) any gross negligence, incompetency, or misconduct in the practice of geology as a registered professional geologist;

(3) any felony or crime involving moral turpitude;

(4) aiding or abetting any person in the violation of any provision of this chapter;

(5) violating any provision of this chapter.

Section 40-77-310. Any person may prefer charges of fraud, deceit, gross negligence, incompetency, or misconduct against any registrant. The charges must be in writing and be sworn to by the person making them and filed with the secretary of the board. All charges, unless dismissed by the board as unfounded or trivial, must be heard as provided by Act 176 of 1977 (The Administrative Procedures Act).

Section 40-77-320. Any person who feels aggrieved by any action of the board denying or revoking his registration may appeal under the provisions of Act 176 of 1977 (the Administrative Procedures Act).

Section 40-77-330. The board may reissue a certificate of registration to any person whose registration has lapsed or has been revoked if three or more members of the board vote in favor of reissuance. A new certificate of registration to replace any certificate revoked, lost, destroyed, or mutilated may be issued, subject to the regulations of the board, and payment of a fee determined by the board. If registration has been revoked for any reason, the geologist must reapply for registration.

Section 40-77-340. Any person who (a) practices or offers to practice public geology in this State without being registered in accordance with the provisions of this chapter, (b) presents or attempts to use as his own the certificate of registration or the seal of another, (c) gives any false or forged evidence of any kind to the board or to any member in obtaining registration, (d) falsely impersonates any other registrant, (e) attempts to use an expired or revoked certificate of registration, or (f) violates any other provision of this chapter is guilty of a misdemeanor and, upon conviction, must be fined not less than one hundred dollars nor more than five hundred dollars or be imprisoned for a period not exceeding three months, or both.

Section 40-77-350. To enforce the provisions or restrain any violation of this chapter, the board may apply in the name of the State for an injunction as provided generally in civil cases. In the proceedings: (a) it is not necessary to establish the absence of an adequate remedy at law, (b) the board members are not personally liable for damages resulting from a wrongful injunction, and (c) the initial order of injunction must include a rule to show cause and is temporary pending the return to the rule.

Section 40-77-360. The Attorney General shall act as legal advisor to the board and render legal assistance necessary in carrying out the provisions of this chapter.

Section 40-77-370. This chapter may not be construed to prevent or to affect:

(1) the practice of any other legally recognized profession or trade;

(2) the practice of a person not a resident of and having no established place of business in this State, practicing or offering to practice in this State the profession of geology, when the practice does not exceed in the aggregate more than thirty days in any calendar year, if the person is legally qualified by registration to practice the profession in his own state or country, in which the requirements and qualifications for obtaining registration are not lower than those specified in this chapter. The person shall make application to the board in writing and after payment of a fee established by the board may be granted a written permit for a definite period of time to do a specific job; but, no right to practice geology shall accrue to the applicant with respect to any other work not set forth in the permit;

(3) the practice of a person not a resident of and having no established place of business in this State or who has recently become a resident hereof, practicing or offering to practice geology in this State for more than thirty days in any calendar year if he files with the board an application for registration and has paid the fee required, when the person is legally qualified by registration to practice geology in his own state or country, in which the requirements and qualifications for obtaining registration are not lower than those specified in this chapter, and the practice may continue only for such time as the board requires for the consideration of the application for registration;

(4) the work of an employee, or a subordinate, of a person holding a certificate of registration under this chapter, or any employee of a person practicing lawfully under item (2) or (3) of this section, if the work does not include final designs or decisions and is done under the direct responsibility, checking, and supervision of a person holding a certificate of registration under this chapter or a person practicing lawfully under item (2) or (3) of this section;

(5) the practice of officers and employees of the federal government while engaged within this State in the practice of geology for the federal government;

(6) the practice of teaching or research in geology in South Carolina colleges or universities, if the work is confined to those activities and does not affect the public as stated in item 5 of Section 40-77-10.

Initial terms

SECTION 2. Notwithstanding the provisions of Section 40-77-30 of the 1976 Code, the members of the State Board of Registration for Geologists first appointed, one of the geologists shall serve for a term of five years, one shall serve for a term of four years, one shall serve for a term of three years, and one shall serve for a term of two years. The lay member shall serve for a term of one year. The members of the initial board, except the lay member, shall qualify for registration at the time of their appointment.

Board may waiver examinations

SECTION 3. (A) For one year after the effective date of this act the State Board of Registration for Geologists may waive the examinations required to become a registered professional geologist or geologist-in-training if the applicant for registration meets all other requirements, both scholastic and experience, as provided in Sections 40-77-150 and 40-77-160 of the 1976 Code.

(B) For five years after the effective date of this act the board may waive the examinations required to become a registered professional geologist if the applicant applied for and was granted registration as geologist-in-training within one year of the effective date of this act.

(C) Within six months after the effective date of this act, the board shall grant a special waiver for the public practice of geology, not to exceed five years, to a qualified geologist-in-training who practiced as a geologist before the effective date of this act. The waiver, upon approval by the board, shall provide that persons practicing as geologists on the effective date of this act are to be regarded, for purposes of their work, as duly registered professional geologists until such time as they have met the experience requirement of Section 44-77-150.

Conditional qualification requirements

SECTION 4. Professional geological work performed prior to the effective date of this act satisfies the qualification requirements of item (1) of subsection (b) of Section 40-77-170 of the 1976 Code, if it was performed under the supervision of a qualified geologist in the specialty for which the applicant is seeking registration or of a registered civil engineer if the applicant is seeking registration as an engineering geologist.

Time effective

SECTION 5. This act shall take effect upon approval by the Governor.