S*906 Session 106 (1985-1986)
S*0906(Rat #0586, Act #0507 of 1986) General Bill, By J.M. Waddell
A Bill 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.-amended title
01/28/86 Senate Introduced and read first time SJ-262
01/28/86 Senate Referred to Committee on General SJ-262
04/22/86 Senate Committee report: Favorable with amendment
General SJ-2216
04/24/86 Senate Amended SJ-2284
04/24/86 Senate Read second time SJ-2297
04/24/86 Senate Unanimous consent for third reading on next
legislative day SJ-2297
04/25/86 Senate Read third time and sent to House SJ-2342
04/29/86 House Introduced and read first time HJ-2637
04/29/86 House Referred to Committee on Medical, Military,
Public and Municipal Affairs HJ-2637
05/20/86 House Committee report: Favorable with amendment
Medical, Military, Public and Municipal Affairs
HJ-3119
05/28/86 House Committed to Committee on Ways and Means HJ-3395
05/28/86 House Recalled from Committee on Ways and Means HJ-3445
05/29/86 House Objection by Rep. Simpson, Foxworth, Day, Sharpe
& Jones HJ-3517
06/03/86 House Objection withdrawn by Rep. Simpson & Day HJ-3580
06/03/86 House Objection withdrawn by Rep. Jones & Sharpe HJ-3597
06/03/86 House Amended HJ-3598
06/03/86 House Read second time HJ-3598
06/04/86 House Read third time HJ-3653
06/04/86 House Returned HJ-3653
06/05/86 Senate Concurred in House amendment and enrolled SJ-3693
06/05/86 Ratified R 586
06/10/86 Signed By Governor
06/10/86 Effective date 06/10/86
06/10/86 Act No. 507
06/20/86 Copies available
(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. |