H*3330 Session 112 (1997-1998)
H*3330(Rat #0444, Act #0354 of 1998) General Bill, By Sharpe
A BILL TO AMEND CHAPTER 77, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976,
RELATING TO THE LICENSURE AND REGULATION OF GEOLOGISTS, SO AS TO CONFORM THIS
CHAPTER TO THE STATUTORY ORGANIZATIONAL AND ADMINISTRATIVE FRAMEWORK
ESTABLISHED FOR PROFESSIONS AND OCCUPATIONAL BOARDS IN CHAPTER 1, TITLE 40;
AND AMONG OTHER THINGS, TO SPECIFY MINIMUM GEOLOGY OR GEOPHYSIC COURSE HOURS
TO SATISFY THE EDUCATIONAL REQUIREMENT FOR REGISTRATION; TO REPLACE
CERTIFICATES WITH REGISTRATION CARDS; TO PROVIDE FOR BOARD ASSIGNED SERIAL
NUMBERS; AND TO AUTHORIZE A BOARD SEAL.
01/29/97 House Introduced and read first time HJ-10
01/29/97 House Referred to Committee on Agriculture, Natural
Resources and Environmental Affairs HJ-10
01/28/98 House Committee report: Favorable with amendment
Agriculture, Natural Resources and Environmental
Affairs HJ-3
01/29/98 House Amended HJ-8
01/29/98 House Read second time HJ-9
01/29/98 House Unanimous consent for third reading on next
legislative day HJ-9
01/30/98 House Read third time and sent to Senate HJ-2
02/03/98 Senate Introduced and read first time SJ-7
02/03/98 Senate Referred to Committee on Labor, Commerce and
Industry SJ-7
03/18/98 Senate Committee report: Favorable with amendment Labor,
Commerce and Industry SJ-10
06/02/98 Senate Committee amendment withdrawn SJ-76
06/02/98 Senate Read second time SJ-76
06/02/98 Senate Unanimous consent for third reading on next
legislative day SJ-76
06/03/98 Senate Read third time and enrolled
06/04/98 Ratified R 444
06/11/98 Became law without Governor's signature
06/11/98 Effective date 06/11/98
06/19/98 Copies available
06/19/98 Act No. 354
(A354, R444, H3330)
AN ACT TO AMEND CHAPTER 77, TITLE 40, CODE OF LAWS
OF SOUTH CAROLINA, 1976, RELATING TO THE LICENSURE
AND REGULATION OF GEOLOGISTS, SO AS TO CONFORM THIS
CHAPTER TO THE STATUTORY ORGANIZATIONAL AND
ADMINISTRATIVE FRAMEWORK ESTABLISHED FOR
PROFESSIONS AND OCCUPATIONAL BOARDS IN CHAPTER 1,
TITLE 40; AND AMONG OTHER THINGS, TO SPECIFY MINIMUM
GEOLOGY OR GEOPHYSIC COURSE HOURS TO SATISFY THE
EDUCATIONAL REQUIREMENT FOR REGISTRATION; TO
REPLACE CERTIFICATES WITH REGISTRATION CARDS; TO
PROVIDE FOR BOARD ASSIGNED SERIAL NUMBERS; AND TO
AUTHORIZE A BOARD SEAL.
Be it enacted by the General Assembly of the State of South Carolina:
Chapter revised
SECTION 1. Chapter 77, Title 40 of the 1976 Code is amended to
read:
CHAPTER 77
Geologist
Section 40-77-5. Unless otherwise provided for in this chapter,
Article 1, Chapter 1 of Title 40 applies to geologists regulated by the
Department of Labor, Licensing and Regulation. If there is a conflict
between this chapter and Article 1, Chapter 1 of Title 40, the provisions
of this chapter control.
Section 40-77-10. 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 been engaged in the practice of geology
for at least twelve years and have been in responsible charge of important
geologic work for at least five years, which may include being in
responsible charge of geologic teaching or research, 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. The
Governor may remove a member of the board in accordance with Section
1-3-240.
Section 40-77-20. 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 40-77-230 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 does not include a service or creative
work, 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. The 'public practice of geology' does not
include the practice of engineering as defined in Chapter 21.
(6) 'Registered professional geologist' means a person registered as a
professional geologist by the board pursuant to Section 40-77-230.
(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 40-77-30. (A) In order to safeguard life, health, and property
and to promote the public welfare, a 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 a person to offer or engage in the public
practice of geology in this State 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 registered under the provisions of this chapter. The public
practice of geology does not include the work ordinarily performed by
persons who practice engineering as defined in Chapter 21.
(B) A person is construed to practice or offer to practice geology or the
public practice of geology within the meaning and intent of this chapter
who:
(1) practices in any branch of the profession of geology;
(2) 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
(3) 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.
Section 40-77-50. The Department of Labor, Licensing and
Regulation shall provide all administrative, fiscal, investigative,
inspectional, clerical, secretarial, and license renewal operations and
activities of the board in accordance with Section 40-1-50.
Section 40-77-60. The board may adopt rules governing its
proceedings and may promulgate regulations necessary to carry out the
provisions of this chapter. The board may establish by regulation a code
of ethics binding on persons licensed under or subject to this chapter.
Section 40-77-70. In addition to those powers and duties provided for
in this chapter and in Section 40-1-70, the board shall adopt an official
seal.
Section 40-77-80. The Department of Labor, Licensing and
Regulation shall investigate complaints and violations of this chapter as
provided for in Section 40-1-80.
Section 40-77-90. The results of an investigation must be presented to
the board and any subsequent hearing must be conducted in accordance
with Section 40-1-90.
Section 40-77-100. In addition to other remedies provided for in this
chapter or Chapter 1, Title 40, the board in accordance with Section
40-1-100 may issue a cease and desist order or may petition an
administrative law judge for a temporary restraining order or other
equitable relief to enjoin a violation of this chapter.
Section 40-77-110. The board may revoke the registration of a
registrant who has been declared mentally incompetent by a court of
competent jurisdiction and has not subsequently been lawfully declared
competent or who is found guilty of aiding or abetting any person in the
violation of any provision of this chapter.
Section 40-77-115. The board has jurisdiction over the actions of
licensees and former licensees as provided for in Section 40-1-115.
Section 40-77-120. In addition to the sanctions the board may take
against a person pursuant to Section 40-38-110, the board may take
disciplinary action against a person as provided for in Section 40-1-120.
Section 40-77-130. As provided for in Section 40-1-130, the board
may deny licensure to an applicant based on the same grounds for which
the board may take disciplinary action against a licensee.
Section 40-77-140. A license may be denied based on a person's prior
criminal record as provided for in Section 40-1-140.
Section 40-77-150. A licensee under investigation for a violation of
this chapter or a regulation promulgated under this chapter may
voluntarily surrender the license in accordance with Section 40-1-150.
Section 40-77-160. A person aggrieved by a final action of the board
may seek review of the decision in accordance with Section 40-1-160.
Section 40-77-170. A person found in violation of this chapter or
regulations promulgated under this chapter may be required to pay costs
associated with the investigation and prosecution of the case in
accordance with Section 40-1-170.
Section 40-77-180. All costs and fines imposed pursuant to this
chapter must be paid in accordance with and are subject to the collection
and enforcement provisions of Section 40-1-180.
Section 40-77-190. Investigations and proceedings conducted under
this chapter are confidential and all communications are privileged as
provided for in Section 40-1-190.
Section 40-77-200. A person who engages in or offers to engage in
the practice or public practice of geology in this State without being
licensed or who knowingly submits false information for the purpose of
obtaining a license is in violation of this chapter and is guilty of a
misdemeanor and, upon conviction, must be imprisoned for not more than
three months or fined not less than one hundred dollars nor more than five
hundred dollars.
Section 40-77-210. The department, on behalf of the board and in
accordance with Section 40-1-120, may petition an administrative law
judge, in the name of the State, for injunctive relief against a person
violating this chapter.
Section 40-77-230. (A) An applicant is eligible for registration as a
registered professional geologist if the applicant:
(1) graduated in an approved geologic curriculum of four or more
years with a minimum of thirty semester hours or forty-five quarter hours
in geology or geophysics 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
has passed written examinations required by the board. In counting years
of experience the board 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 with a minimum of thirty semester
hours or forty-five quarter hours in geology or geophysics 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 examination designed to
measure knowledge and skill approximating that attained through
graduation in an approved four-year geologic curriculum, and passes the
examinations required of applicants in item (1).
(B) The minimum evidence that an applicant is qualified for
registration as a geologist-in-training is proof that the applicant:
(1) graduated in an accredited geologic curriculum of four
scholastic years or more with a minimum of thirty semester hours or
forty-five quarter hours in geology or geophysics 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 with a minimum of thirty semester hours or
forty-five quarter hours in geology or geophysics from a school or college
other than those approved by the board in item (1) 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 measure knowledge and skill approximating that
attained through graduation in an approved geologic curriculum and
passing the written examinations as required in item (1).
(C) The board shall issue a certificate of registration, upon payment of
the registration fee, to an applicant who satisfactorily has met the
requirements of this chapter. For a registered professional geologist, the
certificate must authorize the practice of geology. For a
geologist-in-training the registration card must be issued as the certificate
of registration and must state that the applicant has been enrolled as a
geologist-in-training. The registration cards must show the full name of
the registrant, the board assigned serial number, and must be signed by the
chairman of the board bearing the seal of the board.
Section 40-77-240. (A) The board in regulation shall establish
application, examination, reexamination, registration, and reregistration
fees which must be paid at the time of each application or reapplication.
(B) If the board denies the issuance of a certificate of registration to an
applicant the initial fee deposited must be retained as an application fee.
A registration fee must be collected before issuance of a certificate of
registration to a qualified applicant and a reregistration fee is due and
payable in accordance with Section 40-1-50.
(C) When examinations are required on fundamental geological
subjects ordinarily given in college curricula, the applicant may take that
part of the examination before completing 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.
(D) When written examinations are required to practice geology in this
State, the examinations must be held at a time and place determined by
the board. Examinations must be held at least annually.
Section 40-77-250. (A) A candidate failing an examination may
apply for reexamination at the next examination date and must be
reexamined upon payment of the appropriate fee.
(B) The board may require continuing education as a condition of
license renewal.
Section 40-77-260. In considering the qualifications of applicants,
full-time geologic teaching at the university level supported by research
work may be considered as geologic work experience.
Section 40-77-270. A person having the necessary qualifications
prescribed in this chapter is eligible for registration although the person
may not be practicing the profession at the time of making application.
Section 40-77-280. 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 40-77-290. Upon registration, each registered professional
geologist shall obtain a seal of the design authorized by the board, bearing
his name, assigned serial number, and the title 'registered professional
geologist'. All drawings, reports, or other geologic papers or documents
involving geologic work which have been prepared or approved by a
registered professional geologist or a subordinate employee under the
geologist's direction for the use of or for delivery to a person or for public
record within this State must be signed by the registered professional
geologist and impressed with his seal or the seal of a nonresident
practicing under the provisions of this chapter.
Section 40-77-300. The board may reinstate a certificate of
registration to a person whose registration has expired or has been
suspended if three or more members of the board vote in favor of
reinstatement. A new certificate of registration to replace a 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 in
regulation.
Section 40-77-310. This chapter does not prevent or affect the:
(1) practice of another legally recognized profession or trade;
(2) 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 the number of days approved by the board for a calendar year,
if the person legally is qualified by registration to practice the profession
in another state or country, in which the requirements and qualifications
for obtaining registration are not lower than those specified in this
chapter. The person shall apply 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. However, no right to practice
geology accrues to the applicant with respect to other work not set forth
in the permit;
(3) practice of a person not a resident of and having no established
place of business in this State or who recently has become a resident of
South Carolina, practicing or offering to practice geology in this State for
the number of days approved by the board for a calendar year if the
person files an application for registration and has paid the fee required,
when the person legally is qualified by registration to practice geology in
another 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 the time the board requires for the
consideration of the application for registration;
(4) work of an employee, or a subordinate, of a person holding a
certificate of registration under this chapter, or an employee of a person
practicing lawfully under item (2) or (3), 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 issued
pursuant to this chapter or a person practicing lawfully pursuant to item
(2) or (3);
(5) practice of officers and employees of the federal government while
engaged within this State in the practice of geology for the federal
government unless that practice contributes to or results in a state or
federal permitted activity;
(6) practice of teaching or research in geology in South Carolina
colleges or universities, if the work is confined to teaching or research and
does not affect the public as stated in Section 40-77-20(5).
Section 40-77-320. If a provision of this chapter or the application of
a provision to a person or circumstance is held invalid, the invalidity does
not affect other provisions or applications of this chapter which can be
given effect without the invalid provision or application, and to this end
the provisions of this chapter are severable.
Time effective
SECTION 2. This act takes effect upon approval by the Governor.
Became law without the signature of the Governor -- 06/11/98. |