PRINTER'S NO. 1569
No. 1317 Session of 1983
INTRODUCED BY STEWART, ITKIN, BRANDT, GLADECK, ZWIKL, WOZNIAK, LEVI, BOYES, GAMBLE, GREENWOOD, COY, CLYMER, CAPPABIANCA, MICHLOVIC, MURPHY, POTT, NAHILL, PRATT, SAURMAN, E. Z. TAYLOR AND F. E. TAYLOR, JUNE 30, 1983
REFERRED TO COMMITTEE ON PROFESSIONAL LICENSURE, JUNE 30, 1983
AN ACT 1 Providing for the certification of professional geologists. 2 TABLE OF CONTENTS 3 Section 1. Short title. 4 Section 2. Legislative findings. 5 Section 3. Definitions. 6 Section 4. Construction of act. 7 Section 5. Exemptions. 8 Section 6. Application. 9 Section 7. Qualifications. 10 Section 8. Certification. 11 Section 9. Violations. 12 Section 10. Roster. 13 Section 11. Penalties. 14 Section 12. General repeal. 15 Section 13. Expiration. 16 Section 14. Effective date.
1 The General Assembly of the Commonwealth of Pennsylvania 2 hereby enacts as follows: 3 Section 1. Short title. 4 This act shall be known and may be cited as the Geologists 5 Certification Act. 6 Section 2. Legislative findings. 7 The General Assembly finds that in order to safeguard life, 8 health, property and environment and to promote the public 9 welfare, the practice of geology in this Commonwealth is hereby 10 declared to be subject to regulation in the public interest. Two 11 years after this act goes into effect, it shall be unlawful for 12 any person to practice or offer to practice geology for others 13 within this Commonwealth, unless such person has been duly 14 certified or exempted from certification under the provisions of 15 this act. 16 Section 3. Definitions. 17 The following words and phrases when used in this act shall 18 have the meanings given to them in this section unless the 19 context clearly indicates otherwise: 20 "Certificate." A certificate or other documentary evidence 21 that a geologist has been certified to engage in the practice of 22 geology. 23 "Certification or certifying." The act by the department of 24 certifying the qualifications of a professional geologist to 25 engage in the practice of geology. 26 "Certified professional geologist." A person who, by reason 27 of knowledge of the principles of earth science acquired by 28 education and practical experience, is qualified to engage in 29 the practice of geology as hereinafter defined and who has been 30 certified by the department pursuant to the provisions of this 19830H1317B1569 - 2 -
1 act, and whose certification is in force and has not been 2 suspended or revoked. 3 "Department." The Department of Environmental Resources. 4 "Display." Written reports, plans, maps, cross sections, 5 diagrams or any other presentations used to communicate the 6 results, conclusions and recommendations of the practice of 7 geology. 8 "Geology." The science which treats of the earth in general; 9 the earth's processes; investigation of the earth and the rocks 10 and other materials which compose it; and the applied science of 11 utilizing knowledge of the earth's processes, constituent rocks, 12 minerals, liquids, gases and other materials for the use of 13 mankind. 14 "Practice of geology." The practice or the offer to practice 15 geology for others, such practice including, but not limited to, 16 describing the natural processes acting on earth materials, 17 gases or fluids, predicting the probable occurrence of natural 18 resources, predicting and locating natural or man-induced 19 phenomena which may be useful or hazardous to mankind, 20 recognizing, determining and evaluating geologic factors as they 21 apply to the design, construction, operation and maintenance of 22 land use activities that are controlled by and impact on 23 geological factors and recognizing and evaluating the effect of 24 the construction and operation of such activities on the 25 geological environment; further, such practice shall include, 26 but not be limited to, geological consulting, investigating, 27 evaluation, inspecting, geological mapping, planning and giving 28 testimony before governmental agencies on or pertaining to 29 geological matters. The practice of geology shall not be deemed 30 to include the drilling of wells for water supply, the conduct 19830H1317B1569 - 3 -
1 of sewage enforcement officers or determinations made pursuant 2 to the requirements of the act of January 24, 1966 (1965 3 P.L.1535, No.537), known as the Pennsylvania Sewage Facilities 4 Act, the practice of architecture or engineering as such, for 5 which separate certification is required under the provisions of 6 the act of July 12, 1919 (P.L.933, No.369), referred to as the 7 Architects Registration Law, or the act of May 23, 1945 8 (P.L.913, No.367), known as the Professional Engineers 9 Registration Law. 10 "Responsible charge." A position that requires initiative, 11 skill and independent judgment and implies such degree of 12 competence and accountability gained by technical education and 13 experience of a grade and character as is sufficient to qualify 14 an individual to personally and independently engage in, and be 15 entrusted with, the work involved in the practice of geology. 16 This term does not include positions which require routine 17 performance of subprofessional work such as auxiliary personnel, 18 unless acting as chief of party. 19 "Secretary." The Secretary of Environmental Resources. 20 Section 4. Construction of act. 21 (a) Practice by firms, etc.--A firm, corporation, co- 22 partnership, association or joint-stock company may engage in 23 the practice of geology in this Commonwealth, provided only that 24 such practice is carried on by or under the responsible charge 25 of at least one certified professional geologist whose name and 26 seal or stamp appears on all displays introduced into the stream 27 of commerce. 28 (b) Educational activities.--This act shall not be construed 29 to affect or prevent the presentation of field excursions, 30 educational courses or other educational endeavors or the 19830H1317B1569 - 4 -
1 pursuit of scientific studies for the advancement of the 2 sciences. 3 Section 5. Exemptions. 4 The following shall be exempted from registration under the 5 provisions of this act: 6 (1) The practice of geology by a person not a resident 7 of and having no established place of business in this 8 Commonwealth, when such practice does not exceed an aggregate 9 of 30 days in any calendar year and provided the person is 10 duly certified to practice geology in a state or other 11 jurisdiction in which the requirements for the certification 12 of geologists are of a standard satisfactory to the 13 department or provided the person presents evidence 14 satisfactory to the department that the person is a qualified 15 geologist; and provided further that the nonresident shall 16 file with the department, before or within five days of the 17 beginning of the aggregate of a 30-day practice of geology in 18 this Commonwealth, a statement giving name, residence, the 19 number of his certificate or equivalent and by what authority 20 issued or other evidence of qualification and the place and 21 nature of the work in which that person will be engaged in 22 this Commonwealth; and upon the completion of the work, a 23 statement of the time engaged in such work within this 24 Commonwealth. To such a person, the department shall issue a 25 temporary authorization to practice for not more than an 26 aggregate of 30 days upon proper application therefor and the 27 payment of a fee established by the department. 28 (2) The practice of geology by a person not a resident 29 of and having no established place of business in this 30 Commonwealth, or who has recently become a resident thereof, 19830H1317B1569 - 5 -
1 practicing or offering to practice geology in this 2 Commonwealth for more than an aggregate of 30 days, if that 3 person shall have filed with the department a proper 4 application for certification accompanied by the prescribed 5 fee, provided the person is duly certified to practice 6 geology in a state or other jurisdiction in which the 7 requirements for the certification of geologists are of a 8 standard satisfactory to the department or provided the 9 person presents evidence satisfactory to the department that 10 the person is a qualified geologist. The department shall be 11 required to consider the application within 90 days from the 12 date of filing of the application. Until such time as the 13 department considers the application, the person practicing 14 geology shall be exempt from registration under this act. 15 (3) The practice of employees solely for their employer, 16 or any employee of a person practicing lawfully under 17 paragraph (1). 18 (4) Persons who practice geology solely for their own 19 use, and provided such practice is not directly related to 20 the public interest. 21 (5) Persons engaged solely in teaching the science of 22 geology. 23 (6) Officers and employees of the Federal Government 24 while engaged in this Commonwealth in the practice of geology 25 for the Federal Government. 26 (7) The practice of soil science, soil mechanics, 27 foundation engineering and geological engineering by 28 professional engineers who are duly licensed under the law in 29 this Commonwealth. 30 Section 6. Application. 19830H1317B1569 - 6 -
1 (a) Fee.--Each application for original certification shall 2 be accompanied by an application fee of $10 in the form of a 3 check or money order made payable to the Department of 4 Environmental Resources. 5 (b) Contents.--An applicant for certification shall fill out 6 and file with the department the original of an application 7 form, available upon request from the department, no later than 8 60 days before the applicant plans to be certified. The form 9 shall require relevant information about the applicant's 10 character, geologic knowledge and experience in application of 11 that knowledge. Among the data required on the application form 12 is information about the applicant's: 13 (1) Educational background at the undergraduate and 14 graduate level. 15 (2) Professional geological work, not to include work 16 involving routine sampling, laboratory work or geological 17 drafting. Persons who have taught geological science at 18 college level must provide information about the level of the 19 courses and number of hours per semester taught. 20 (3) Scientific and technical society affiliations and 21 the grade of membership and whether certified by each. 22 (4) Major publications, patents, reports and honors. 23 (5) Adherence to high professional and ethical standards 24 as attested by three references. 25 Section 7. Qualifications. 26 Determination of satisfactory qualifications shall be based 27 on the applicant's character, knowledge of the principles and 28 techniques of geology and experience in the application of those 29 principles and techniques. The following shall be the minimum 30 qualifications for certification: 19830H1317B1569 - 7 -
1 (1) The applicant must be certified by the American 2 Institute of Professional Geologists. A person who is in good 3 standing as a member of the American Institute of 4 Professional Geologists and who has been certified by that 5 organization, is deemed to be eligible upon application and 6 payment of applicable fees to become certified under the act; 7 or 8 (2) The applicant must be of good moral character and 9 meet the following combination of education and experience: 10 (i) Education: 11 (A) graduation from an accredited institution of 12 higher learning, with a major in geology, geophysics, 13 geochemistry or engineering geology with a minimum of 14 30 semester or 45 quarter hours in geology, 15 geophysics, geochemistry, engineering geology or 16 their subdivisions; or 17 (B) completion of 30 semester or 45 quarter 18 hours in geological science courses leading to a 19 major in geology, of which at least 24 semester or 36 20 quarter hours are in third or fourth year or graduate 21 courses; and 22 (ii) Experience: Completion of at least seven years 23 of professional geological work which shall include 24 either a minimum of three years of professional 25 geological work under the supervision of a certified 26 professional geologist, except that prior to July 1, 27 1984, professional geological work qualifies under this 28 subparagraph if it is under the supervision of a 29 qualified geologist, or a minimum of five years 30 experience in a responsible position in geological work. 19830H1317B1569 - 8 -
1 (iii) The following criteria of education and 2 experience qualify as specified toward accumulation of 3 the required number of years of professional geological 4 work: 5 (A) Each year of undergraduate study in the 6 geological sciences shall count as one-half year of 7 professional geological work up to a maximum of two 8 years and each year of graduate study or research 9 shall count as a year of professional geological 10 work. 11 (B) Teaching in the geological sciences at 12 college level counts, as one year of professional 13 geological work, provided that the total teaching 14 experience includes six semester hours per semester 15 for at least two semesters or equivalent if under 16 another system of third or fourth year or graduate 17 courses. 18 (C) Credit for undergraduate study, graduate 19 study and teaching, separately or in combination, may 20 not exceed a total of four years toward meeting the 21 required number of years of professional geological 22 work. 23 (D) When any combination of teaching and 24 professional geological work by a faculty member is 25 applied to any one-year period, each activity must be 26 prorated so that the total credit toward meeting the 27 requirements for professional geological work will 28 not exceed 12 months. 29 (3) If in the opinion of the department inadequate 30 information has been provided by the applicant to allow the 19830H1317B1569 - 9 -
1 department to ascertain whether the applicant satisfied the 2 qualifications for certification, the applicant may be 3 required to provide additional information for purposes of 4 the application or may be required to present himself or 5 herself for an interview at the department for this purpose. 6 Section 8. Certification. 7 (a) Issuance of certificate.--An applicant who meets the 8 qualifications for certification under this act, upon payment of 9 a certification fee of $75 in the form of a check or money order 10 made payable to the department, shall be issued a numbered 11 certificate as a professional geologist. A certification number, 12 once assigned, shall not be used again for any person other than 13 the one to whom it is originally issued. 14 (b) Eligibility.--Certification may only be granted to an 15 individual who: 16 (1) pays the fee specified in this act; and 17 (2) demonstrates to the satisfaction of the department 18 that the individual has the qualifications required by this 19 act. 20 (c) Denial.--An applicant who is denied certification shall 21 be notified in writing and informed of the reason for the 22 denial. Within 30 days after the receipt of notice, the 23 applicant may make written request to the department for a 24 hearing. 25 (d) Convictions.--A plea or verdict of guilty or a 26 conviction following a plea of nolo contendere made to a charge 27 of a felony or a crime involving moral turpitude is deemed to be 28 a conviction within the meaning of this act. The department may 29 order a certificate suspended or revoked or may decline to issue 30 a certificate when the time for an appeal has elapsed, when the 19830H1317B1569 - 10 -
1 judgment of conviction has been affirmed on appeal or when an 2 order granting probation is made suspending the imposition of 3 sentence. 4 (e) Seals and stamps.--Each individual certified hereunder 5 may, upon certification, obtain and use a seal or stamp of 6 certification, of a design authorized by the department, bearing 7 the certified individual's name and number, the legend 8 "Certified Professional Geologist," and the date of expiration 9 of the current certificate. 10 (f) Renewal of certification.--Every geologist certified 11 under this act who desires to continue the practice of geology 12 shall every two years pay to the department a renewal fee, to be 13 established by the department. The fee shall be paid on or 14 before a date to be fixed by the department, upon receipt of 15 which a renewal certificate for the current period shall be 16 issued. 17 (g) Failure to renew.--Failure of a certified individual to 18 renew a certificate by the date of its expiration shall not 19 automatically deprive such person of the right of renewal; 20 except that application for renewal of an expired certificate 21 shall be made on a form and be accompanied by payment of such a 22 delayed renewal fee, as the department may prescribe. A 23 certificate which is not renewed within two years after its 24 expiration date shall not be renewed thereafter. The holder of 25 such an expired certificate may reapply for certification under 26 any appropriate subsection of section 6. 27 (h) Replacement certificates.--Replacements for certificates 28 lost, destroyed or mutilated shall be issued subject to the 29 rules of the department. A replacement fee, to be established by 30 the department, shall be paid for such issuance. 19830H1317B1569 - 11 -
1 Section 9. Violations. 2 (a) Unlawful practices.--From and after two years after this 3 act goes into effect, it shall be unlawful for any person to 4 practice, or offer to practice geology as defined in this act or 5 to use in connection with the person's name or otherwise assume 6 or advertise any title or description tending to convey the 7 impression that the person is a certified professional 8 geologist, unless the person has been duly certified or exempted 9 under the provisions of this act. The right to engage in the 10 practice of geology shall be deemed a personal right, based on 11 the qualifications of the individual as evidenced by his 12 certificate, which shall not be transferable. 13 (b) Geologist displays.--From and after two years after this 14 act goes into effect, all geological displays shall be prepared 15 by a certified professional geologist or by a person under the 16 responsible charge of a certified professional geologist and all 17 geological displays shall be signed, stamped or impressed with 18 the seal of the certified professional geologist which shall 19 indicate responsibility for them, except that persons practicing 20 under the provisions of section 5 are exempted. 21 (c) Use of expired stamp, etc.--It shall be unlawful for a 22 person to affix that person's signature, stamp or to impress 23 that person's seal of registration to any display after the 24 certificate of the individual certified named thereon has 25 expired or been suspended or revoked. 26 (d) False use of stamp, etc.--It shall be unlawful for any 27 person to present or attempt to use as his own, the certificate, 28 stamp or seal of certification of a certified individual or to 29 falsely impersonate any certified individual of like or 30 different name. 19830H1317B1569 - 12 -
1 (e) Penalty.--Any person convicted of violating any of the 2 provisions of this section shall be guilty of a summary offense 3 and upon conviction thereof be sentenced to pay a fine not 4 exceeding $300 or to imprisonment not exceeding 90 days, or 5 both. Any person convicted of violating provisions of this 6 section for the second time shall be guilty of a misdemeanor of 7 the second degree and upon conviction thereof shall be sentenced 8 to pay a fine of $500 or to imprisonment not exceeding two 9 years, or both. 10 Section 10. Roster. 11 (a) Publishing of roster.--As soon as practicable after the 12 completion of the biennial renewals in each even-numbered year, 13 the department shall publish a roster showing the names and 14 addresses of certified professional geologists who are valid 15 registrants in this Commonwealth until the date shown in the 16 roster. 17 (b) Individual responsibility.--It shall be the 18 responsibility of each registrant to keep the department advised 19 of the latest address of the registrant. 20 Section 11. Penalties. 21 (a) Suspension, etc.--The department shall have the power 22 and authority to suspend, refuse to renew or to revoke the 23 certificate of any person who is found guilty in a court of law 24 of: 25 (1) The practice of fraud or deceit in obtaining a 26 certificate. 27 (2) Any felony. 28 (3) Committing deceit, willful misrepresentation, 29 violation of contract, fraud, gross negligence or any other 30 misconduct in the practice of geology. 19830H1317B1569 - 13 -
1 (4) Aiding or abetting any person in the violation of 2 any provision of this act. 3 (5) Violating any provision of this act. 4 The department may confiscate the certificate and any stamp or 5 seal evidencing the certification of any person who is found 6 guilty. 7 (b) Right of complaint.--Any person may prefer, against any 8 certified individual, charges of fraud, deceit, gross negligence 9 or misconduct. The charges shall be in writing, and shall be 10 sworn to by the person making them and shall be filed with the 11 department. All charges, unless dismissed by the department as 12 unfounded or trivial, shall be heard by a hearing examiner. 13 Copies of any documents filed in cases resulting in dismissal by 14 the department shall be sent to the secretary and kept on file 15 for a period of six years. 16 (c) Hearing examiners.--The department shall appoint such 17 hearing examiners as shall be necessary to conduct hearings as 18 may be required under this subsection. The department shall have 19 the power to adopt and promulgate rules and regulations setting 20 forth the functions, powers, standards and duties to be followed 21 by the hearing examiners. The hearing examiners shall have the 22 power to conduct hearings in accordance with the regulations of 23 the department and to issue subpoenas requiring the attendance 24 and testimony of individuals or the production of pertinent 25 books, records, documents and papers by persons whom they 26 believe to have information relevant to any matter pending 27 before the examiner. The examiner shall also have the power to 28 administer oaths. The hearing examiner shall hear evidence 29 submitted and arguments of counsel, if any, with reasonable 30 dispatch, and shall promptly record his decision, supported by 19830H1317B1569 - 14 -
1 findings of fact, and a copy thereof shall immediately be sent 2 to the secretary and to counsel of record, or the parties, if 3 not represented. 4 (d) Right of appeal.--Any certified individual aggrieved or 5 adversely affected by any final order of the department in an 6 individual proceeding may appeal in the manner provided by law 7 and general rule for the taking of appeals from the decisions of 8 administrative agencies. 9 (e) Reissuance of certificates after appeals.--Application 10 for the reissuance of a certificate after findings on appeals 11 may be made in such a manner as shall be directed by the 12 secretary. 13 Section 12. General repeal. 14 All acts and parts of acts are repealed insofar as they are 15 inconsistent with this act. 16 Section 13. Expiration. 17 This act expires in seven years unless extended by statute. 18 Section 14. Effective date. 19 This act shall take effect immediately. E31L63JLW/19830H1317B1569 - 15 -