H 3008 Session 110 (1993-1994)
H 3008 General Bill, By Rhoad
A Bill to amend Title 40, Code of Laws of South Carolina, 1976, by adding
Chapter 80 so as to establish the State Board of Registration for
Hydrologists, to define its powers and duties, to regulate the practice of
hydrology, and to provide penalties.
01/12/93 House Introduced and read first time HJ-17
01/12/93 House Referred to Committee on Agriculture, Natural
Resources and Environmental Affairs HJ-18
01/19/94 House Tabled in committee
A BILL
TO AMEND TITLE 40, CODE OF LAWS OF SOUTH CAROLINA,
1976, BY ADDING CHAPTER 80 SO AS TO ESTABLISH THE
STATE BOARD OF REGISTRATION FOR HYDROLOGISTS, TO
DEFINE ITS POWERS AND DUTIES, TO REGULATE THE
PRACTICE OF HYDROLOGY, AND TO PROVIDE PENALTIES.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Title 40 of the 1976 Code is amended by adding:
"CHAPTER 80
Hydrologists
Section 40-80-10. As used in this chapter:
(1) `Board' means the State Board of Registration for
Hydrologists.
(2) `Hydrologist' means a person with special knowledge of the
science of geology, hydrology, geophysics, and related earth sciences
and principles and methods of hydrological analysis acquired by
professional education and practical experience.
(3) `Hydrologist-in-training' means a person who possesses the
qualifications prescribed in Section 40-80-100 and who has been
certified as a hydrologist-in-training.
(4) `Hydrology' means an earth science that deals with the
occurrence of water, its physical and chemical reaction with the rest
of the earth, and its relation to life of the earth. It includes the study
of the circulation of water from the sea to the atmosphere, from the
atmosphere to the land, and the numerous routes over and under the
surface of land back to the sea.
(5) `Registered professional hydrologist' means a person who
meets the requirements of this chapter and is registered as a
professional hydrologist by the board.
(6) `Responsible charge of work' means the independent control
and direction by the use of initiative, skill, and independent judgment
of hydrological work or the supervision of hydrological work.
Responsible charge of hydrologic teaching or research may be
construed as responsible charge of important hydrological work.
Section 40-80-20. There is created the State Board of Registration
for Hydrologists which shall administer this chapter. The board
consists of four registered professional hydrologists of varied
hydrological backgrounds and one lay member who is not a
hydrologist. At least one member of the board must be an academic
hydrologist, one member must be a salaried company hydrologist, one
member must be an independent or consultant hydrologist, and one
member must be a hydrologist from a state agency. Each member
must be appointed by the Governor for a term of five years and until
a successor possessing the same qualifications is appointed and
qualifies. A vacancy on the board must be filled for the unexpired
term in the same manner as the original appointment.
Section 40-80-30. A hydrologist member of the board must have
been engaged in the practice of hydrology for at least twelve years and
must have been in responsible charge of important hydrologic work
for at least five years. Responsible charge of hydrologic teaching or
research may be construed as responsible charge of important
hydrologic work.
Section 40-8-40. 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. The board shall elect annually a chairman, vice-chairman, and a secretary. A quorum of the board consists of three
members. Members 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 40-8-50. The board may promulgate regulations for the
administration and enforcement of this chapter and shall adopt an
official seal.
Section 40-80-60. The board may employ clerical and other
assistants necessary for the proper performance of its work and make
expenditures for any purpose it considers necessary for performing its
duties.
Section 40-80-70. (A) For the purposes of this chapter a person
is engaged in the public practice of hydrology when performing
hydrological service or work in the nature of consultation,
investigation, surveys, evaluations, planning, mapping, and inspection
of hydrologic work required for or supporting compliance with
municipal, county, state, or federal regulations. This definition does
not include or allow the practice of engineering as defined in Chapter
21, Title 40. A person is considered to practice or offer to practice
hydrology within the meaning and intent of this chapter who:
(1) practices in any branch of the profession of hydrology;
(2) by verbal claim, sign, advertisement, letterhead, card, or in
any other way represents to be a registered professional hydrologist or
through the use of some other title implies that the person is a
professional hydrologist; or
(3) holds out as able to perform or does perform hydrological
service or work or any other professional service designated by the
practitioner or recognized by educational authorities as hydrology.
(B) The practice of hydrology does not include the work ordinarily
performed by persons who practice engineering as defined in Chapter
21, Title 40.
Section 40-80-80. In order to safeguard life, health, and property
and to promote the public
welfare, a person engaged in the public practice of hydrology or
offering to engage in the public practice of hydrology is required to
submit evidence that the person is qualified to practice and must be
registered. It is unlawful for a person to offer or engage in the public
practice of hydrology in this State or to use in connection with the
person's name or otherwise assume, use, or advertise any title or
description tending to convey the impression that the person is a
registered professional hydrologist, unless the person is registered
under this chapter.
Section 40-80-90. To be registered as a professional hydrologist,
a person must:
(1) have graduated in an approved hydrologic or related science
curriculum of four or more years from a school or college approved
by the board and furnish a specific record of an additional five years
or more of full-time experience as a hydrologist-in-training in
hydrologic work or at least five years of hydrologic work germane to
public practice satisfactory to the board indicating that the applicant
is competent to practice hydrology and have passed the either
unassembled or 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 hydrology; or
(2) have graduated in hydrology 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, furnish a specific record of
eight years or more of experience on hydrologic work of a character
satisfactory to the board indicating that the applicant is competent to
practice hydrology, and must have passed a written or oral
examination designed to show knowledge and skill approximating that
attained through graduation in an approved four-year hydrologic
curriculum, and pass the examinations required of applicants in item
(1).
Section 40-80-100. The minimum evidence that an applicant is
qualified for registration as a hydrologist-in-training is:
(1) graduation from an accredited hydrologic 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) graduation in a hydrologic 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) with a specific record of five years
or more of experience in hydrological work of a character satisfactory
to the board or passing written examinations in hydrologic subjects
designed to show knowledge and skill approximately that attained
through graduation in an approved hydrologic curriculum and passing
the written examination as required in item (1).
Section 40-80-110. (A) In addition to registering as a professional
hydrologist, a person may be eligible for recognition in a specialty.
Specialties may be established by the board by regulation, with the
regulations containing any required additional qualifications. An
application may be submitted for registration as a professional
hydrologist and for recognition in a specialty at the same time, but the
applicant must be approved for registration as a professional
hydrologist 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 hydrologist and special
requirements as the board may establish by regulation, which must
include passing an examination in the specialty and the five years of
professional hydrological work must include one of the following:
(1) a minimum of three years' experience under the supervision
of a registered professional hydrologist and recognized in the specialty
for which the person is seeking recognition;
(2) a minimum of four years' experience in responsible charge
of hydrologic work in the specialty for which the applicant is seeking
recognition.
Section 40-80-120. Examinations must be conducted by the board
at times and places the board determines but must be held at least
annually.
Section 40-80-130. In considering the qualifications of applicants,
full-time hydrologic teaching at the university level or research work
may be considered as hydrologic work experience.
Section 40-80-140. 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 40-80-150. A person holding a license to practice
hydrology, based on comparable licensing requirements of a state,
territory or possession of the United States, the District of Columbia,
or of a foreign country and who, in the opinion of the board,
otherwise meets the requirements of this chapter, upon application and
payment of applicant fees, may be licensed without further
examination.
Section 40-80-160. An application for registration must be on
forms furnished by the board containing statements showing under
oath the applicant's education and a detailed summary of the
applicant's technical work and other relevant information.
Section 40-80-170. (A) The board by 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.
Section 40-80-180. When an examination is required on
fundamental hydrological subjects ordinarily given in college curricula,
the applicant may take that part of the examination before completion
of the requisite years of scholastic studies in hydrology. 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 40-80-190. The board shall issue a certificate of
registration, upon payment of the registration fee, to an applicant who
has satisfactorily met all the requirements of this chapter. For a
registered professional hydrologist, the certificate must authorize the
practice of hydrology. For a hydrologist-in-training, the certificate
must state that the applicant has completed the scholastic requirements,
has successfully passed the examination in fundamental, hydrological
subjects required by the board, and has been enrolled as a hydrologist-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 40-80-200. 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 the candidate has taken steps including, but not
limited to, additional schooling, classes, seminars, or self-study to
better prepare for a third examination on the same topical subject. A
new application is required of a candidate having failed the same
topical examination three times for a new determination by the board
as to whether the candidate has the necessary experience and other
qualifications for admittance to further examination.
Section 40-80-210. 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 hydrologist
while the certificate remains valid.
Section 40-80-220. Upon registration a person shall obtain a seal
of the design authorized by the board, bearing the registrant's name,
number, and the title `registered professional hydrologist'. All
drawings, reports, or other hydrologic papers or documents involving
hydrologic work as defined in this chapter which have been prepared
or approved by a registered professional hydrologist or a subordinate
employee under the direction of a registered professional hydrologist
for the use of or delivery to any person or for public record within
this State must be signed by the registered professional hydrologist
and impressed with the registered professional hydrologist's seal or,
in the case of a nonresident hydrologist practicing pursuant to this
chapter, then the seal of the nonresident hydrologist.
Section 40-80-230. A registered professional hydrologist who
decides to continue the practice of this profession, annually during the
month of June upon payment of the prescribed fee, must be issued a
renewal registration card for the ensuing registration year.
Section 40-80-240. The board may revoke the registration of a
hydrologist who:
(1) has been declared insane by a court of competent jurisdiction
and has not been lawfully declared sane; or
(2) who is found guilty of:
(a) the practice of fraud or deceit in obtaining registration;
(b) gross negligence, incompetency, or misconduct in the
practice of hydrology as a registered professional hydrologist;
(c) a felony or crime involving moral turpitude;
(d) aiding or abetting a person in violating this chapter; or
(e) violating this chapter.
Section 40-80-250. A person may bring charges of fraud, deceit,
gross negligence, incompetency, or misconduct against a 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 the Administrative Procedures Act.
Section 40-80-260. A person whose registration is denied or
revoked by the board may appeal under the Administrative Procedures
Act.
Section 40-80-270. The board may reissue a certificate of
registration to a 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 a certificate
revoked, lost, destroyed, or mutilated may be issued, subject to the
regulation of the board, and payment of a fee determined by the
board. If registration has been revoked for any reason, the hydrologist
must reapply for registration.
Section 40-80-280. In carrying out 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 an oath or
affirmation to a witness appearing before the board. If a person
refuses to obey a subpoena or refuses to testify or produce books,
papers, reports, documents, or similar material, the board may petition
the circuit court to issue a subpoena requiring the attendance of the
person to testify or to produce books, papers, reports, documents, or
similar material considered necessary and pertinent by the board. A
person failing or refusing to obey a subpoena or order of the court
may be subject to legal proceedings.
Section 40-80-290. (A) The board shall keep a record of its
proceedings and these records 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.
(B) The board shall maintain 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) the applicant's 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.
(C) A roster showing the names and places of business of all
registered professional hydrologists 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 40-80-300. 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 to by the chairman and the
secretary.
Section 40-80-310. (A) A person is guilty of a misdemeanor who:
(1) practices or offers to practice public hydrology in this State
without being registered in accordance with this chapter;
(2) presents or attempts to use as his own the certificate of
registration or the seal of another;
(3) gives false or forged evidence of any kind to the board or
to a member in obtaining registration;
(4) falsely impersonates another registrant;
(5) attempts to use an expired or revoked certificate of
registration; or
(6) violates this chapter in any other way.
(B) Upon conviction, a person must be fined not less than one
hundred dollars and not more than five hundred dollars or imprisoned
for not more than three months, or both.
Section 40-80-320. To enforce this chapter or restrain a 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 liable personally 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 40-80-330. The Attorney General shall act as legal advisor
to the board and render legal assistance necessary in carrying out this
chapter.
Section 40-80-340. 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 hydrology in this State, 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 the
person's own state or country and 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; but no right
to practice hydrology accrues 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 recently has become
a resident of this State, practicing or offering to practice hydrology in
this State for more than thirty days in any calendar year if the person
files with the board an application for registration and has paid the fee
required, when the person is legally qualified by registration to
practice hydrology in the person's own state or country and 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 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 under this chapter or a person practicing
lawfully under item (2) or (3);
(5) the practice of officers and employees of the federal
government while engaged within this State in the practice of
hydrology for the federal government;
(6) the practice of teaching or research in hydrology in colleges or
universities in this State, if the work is confined to those activities and
is not the public practice of hydrology pursuant to this chapter."
SECTION 2. Of the members of the State Board of Registration
for Hydrologists first appointed, one of the hydrologists shall serve for
five years, one shall serve for four years, one shall serve three years,
and one shall serve two years. The lay member shall serve for one
year. These initial terms begin running when all members of the
board have been appointed. The members of the initial board, except
the lay member, must be qualified for registration at the time of their
appointment.
SECTION 3. (A) For one year after the effective date of this act
the State Board of Registration for Hydrologists may waive the
examinations required to become a registered professional hydrologist
or hydrologist-in-training if the applicant for registration meets the
scholastic and experience requirements provided for in this chapter.
(B) For five years after the effective date of this act the board may
waive the examinations required to become a registered professional
hydrologist if the applicant applied for and was granted registration as
a hydrologist-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 hydrology
pursuant to Chapter 80, Title 40, as added by Section 1 of this act, not
to exceed five years, to a qualified geologist-in-training who practiced
as a hydrologist before the effective date of this act. The waiver must
provide that a person practicing as a hydrologist on the effective date
of this act must be regarded, for purposes of their work, as a
registered professional geologist until they have met the experience
requirements of this chapter.
SECTION 4. Professional hydrological work performed before the
effective date of this act satisfies the qualification requirements of
Section 40-80-110(B)(1), as added by Section 1 of this act, if it was
performed under the supervision of a qualified hydrologist in the
specialty for which the applicant is seeking registration or under the
supervision of a registered civil engineer if the applicant is seeking
registration as an engineering hydrologist.
SECTION 5. This act takes effect upon approval by the Governor.
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