CHAPTER Geo 100 DEFINITIONS, ORGANIZATION AND PUBLIC
INFORMATION
Source. #7524,
eff 7-1-01
PART Geo 102 DEFINITIONS
Geo 102.01 Terms
Used. As used in these rules, the
following terms shall have the meanings indicated:
(a) “Licensed
professional geologist” means, “licensed professional geologist” as defined
in RSA 310-A:118, IV namely “a person who, by reason of advanced knowledge of
geology and the supporting physical and life sciences, acquired by education
and experience, is technically and legally qualified to engage in the practice
of geology as defined in this section and has successfully passed the
examination as may be required in this subdivision and who is licensed by the
board or otherwise authorized by this subdivision to engage in the practice of
the profession of geology.”
(b) “Practice of the
profession of geology” means, “practice of the profession” of geology as
defined in RSA 310-A:118, V, namely “the performance of work defined as
geology in this subdivision including, but not limited to researching,
investigating, consulting, geological mapping, describing the natural processes
that act upon the earth's materials, predicting the probable occurrence of
natural resources, predicting and locating natural or man-induced phenomena
which may be useful or hazardous to mankind recognizing, determining and evaluating
geological factors, and the inspection and performance of geological work and
the responsible supervision thereof in furtherance of the health, safety, and
welfare of the public and the environment. The term shall not include the
application of geologic information in the identification or determination of
engineered solutions to protect the health, safety, and welfare of the public
and the environment. The term shall not include the practice of engineering,
land surveying, architecture, soil science or wetland science for which
separate licensure or certification is required.”
(c) “Board” means
the
(d) “Board administrator”
means the board’s staff director, a person with delegated authority to perform
administrative and clerical functions for the board.
Source. #7524,
eff 7-1-01
PART Geo 103 BOARD ORGANIZATION
Geo 103.01 Duties
and Responsibilities. The board
shall administer the provisions of RSA 310-A:118-139 which include but are not
limited to safeguarding life, health,
and property, to promoting public welfare and maintaining a high standard of
integrity regarding the practice of the profession of geology in this state.
Source. #7524,
eff 7-1-01
Geo 103.02 Composition
of the Board. The board shall
consist of 6 members who meet the eligibility requirements of RSA 310-A:120.
Source.
#7524, eff 7-1-01; ss by #8482, eff 11-10-05
Geo 103.03 The
Chairperson and Vice Chairperson.
The chairperson shall preside at all meetings. In the absence of the
chairperson, the vice-chairperson shall preside.
Source. #7524,
eff 7-1-01
Geo 103.04 Staff. The board shall designate a board
administrator and such other staff members as are necessary to perform the
record-keeping and other statutory functions of the board and to oversee the
board’s day-to-day operations.
Source. #7524,
eff 7-1-01
Geo 103.05 Organization.
Beginning with the regular meeting in
November and annually thereafter, the board shall meet and organize and, by
election from among its members, select a chairperson, vice-chairperson and secretary.
Source. #7524,
eff 7-1-01
Geo
103.06 Seal. The seal of the
board shall be an embossed circular seal consisting of an outer circle
and an inner circle. Between the outer
and inner circle shall be the words “Office of Professional Licensure and
Certification” and “N.H. Boards, Councils, and Commissions”. Inside the inner circle shall be an outline
of the State of New Hampshire and the letters “OPLC”.
Source.
#7524, eff 7-1-01; ss by #13741, eff 11-10-23
Geo 103.07 Office Hours, Office Location, Mailing
Address and Telephone.
(a)
The board’s office shall be located at the New Hampshire Office of
Professional Licensure and Certification, 7 Eagle Square, Concord, N.H., and
shall be open to the public weekdays, excluding holidays, from 8:00 a.m. to
4:00 p.m.
(b)
Correspondence shall be addressed to the board’s administrator at:
New Hampshire Office of Professional Licensure and Certification
7 Eagle Square
Concord, N.H. 03301
(c)
The board’s telephone number shall be (603) 271-2152.
Source. #7524,
eff 7-1-01, EXPIRED: 7-1-16 pursuant
to RSA 541-A:17, II and 2015, 276:45 and 276:54
New. #12150,
eff 3-24-17; ss by 13741, eff 11-10-23
PART Geo 104 PUBLIC INFORMATION
Geo 104.01 Record
of Board Actions. Minutes shall be
kept of board meetings and of official actions taken by the board. Minutes of board actions which are not
confidential under RSA 91-A:3, II or RSA 91-A:5 shall be a governmental records and shall be available for inspection
during the board’s ordinary office hours within 5 days from the close of the
meeting or vote in question unless the 72 hours availability requirement of RSA
91-A:3, III is applicable.
Source. #7524,
eff 7-1-01, EXPIRED: 7-1-09 pursuant to RSA 541-A:17,II and 2008, 303:4
New. #12150,
eff 3-24-17
Geo 104.02 Custodian of Records. Persons desiring copies of board records
shall submit a request which identifies as particularly as possible the
information being sought and agrees to pay the actual costs incurred by the
board for the documents provided. If
records are requested which contain both public and confidential information,
the board shall delete the confidential information and provide the remaining
information.
Source. #7524,
eff 7-1-01
Geo 104.03 Roster
Distribution. Copies of a roster
containing names, addresses, and assigned numbers of licensed professional
geologists shall be furnished upon request.
The fee shall be $20.00.
Source. #7524,
eff 7-1-01
Geo 105.01 Meetings. Regular meetings shall be held at least 3
times per year. Special meetings, shall
be called by order of the chairperson or secretary for consideration of
appropriate board business. Each member
of the board shall be notified in writing of each meeting and such notice shall
contain the place, date, time, and subject of the meeting. Notice of meetings
shall be posted at the board office and the state house.
Source. #7524,
eff 7-1-01
Geo 105.02 Quorum. A quorum of the board shall consist of not
less than 3 members and a majority vote by the members present shall be
necessary to pass a motion unless otherwise specified by law. In the absence of the chair, vice chair, or
secretary, the chair shall designate a pro tempore officer for the officer or
officers absent.
Source. #7524,
eff 7-1-01
Geo 105.03 Board Meeting Procedures. The board shall conduct its meetings in the
following order:
(a) Review and vote
on the minutes;
(b) Interviews/meetings;
(c) Consideration of communications;
(d) Reading, discussion, and consideration of applications;
(e) Unfinished business;
(f) New business; and
(g) Adjournment.
Source. #7524,
eff 7-1-01; ss by #12150, eff 3-24-17
Geo 105.04 Procedures.
Roberts Rules of Order, 9th edition
dated 1990 shall govern the procedures of the board.
Source. #7524,
eff 7-1-01
Geo 105.05 Tentative
Decisions.
(a) When necessary
to conduct the board’s business in a timely and efficient manner, the board
shall instruct its staff or a committee of the board to prepare a draft
document, subject to subsequent review and approval by the board. Such
instructions shall be known as tentative decisions.
(b) Tentative
decisions shall not be final actions, and shall not be binding upon the board.
Changes in the form or the substance of a tentative decision shall be made as
often as necessary to produce a final document, which satisfactorily sets forth
the final result the board intends to reach. The board’s final decision shall
be issued only when the necessary majority has voted in favor of the final form
of the proposed action, allowing time for printing or servicing the document in
question.
(c) A member who was
absent from the meeting at which a tentative decision was made or revised may
vote on a final proposal derived from the member’s evaluation of a tentative
decision if the member is otherwise qualified to vote on the matter in
question.
Source. #7524,
eff 7-1-01
PART Geo 106 APPOINTMENT OF COMMITTEES
Geo 106.01 Committees.
(a) A committee
shall consist of one or more board members who have been directed by the board
to investigate and make recommendations on matters which could be handled by
the full board.
(b) When expressly
authorized by the board, the authority of a committee shall include:
(1) The retention of voluntary assistance from
qualified non-board members; and
(2) The retention of paid advisors or consultants
pursuant to RSA 332:G-3.
Source. #7524,
eff 7-1-01
CHAPTER Geo 200 PRACTICE AND PROCEDURE
PART Geo 201 PURPOSE AND SCOPE
Geo 201.01 Purpose
and Scope. The board shall conduct
proceedings for the purpose of acquiring sufficient information to make fair and
reasonable decisions on matters within its statutory jurisdiction, including
decisions on applications and complaints filed against licensees. These rules are intended to secure the just,
efficient and accurate resolution of all board proceedings.
Source. #7525-A,
eff 7-1-01
PART Geo 202 DEFINITIONS
Geo 202.01 Definitions.
(a) “Appearance”
means a written notification to the board that a party’s representative intends
to actively participate in a hearing.
(b) “Hearing” means
“adjudicative proceeding” as defined by RSA 541-A:1, I, namely, “the procedure
to be followed in contested cases, as set forth in RSA 541-A:31 through RSA
541-A:36.”
(c) “Motion” means a
request to the presiding officer for an order or ruling directing some act to
be done in favor of the party making the motion, including a statement of
justification or reasons for the request.
(d) “Natural person”
means a human being.
(e) “Party” means
“party” as defined by RSA 541-A:1, XII, namely, “each person or board named or
admitted as a party, or properly seeking and entitled as a right to be admitted
as a party.” The term “party” includes
all intervenors in a proceeding, subject to any limitations established
pursuant to RSA 541-A:33, III.
(f) “Person” means
“person” as defined by RSA 541-A:1, XIII, namely, “any individual, partnership,
corporation, association, governmental subdivision, or public or private
organization of any character other than a board.”
(g) “Presiding
officer” means presiding officer as defined in RSA 541-A:1, XIV, namely, “that
individual to whom the board has delegated the authority to preside over a
proceeding, if any; otherwise it shall mean the head of the board.”
(h) “Proof by a
preponderance of the evidence” means a demonstration by admissible evidence
that a fact or legal conclusion is more probable than not to be true.
Source. #7525-A,
eff 7-1-01
PART Geo 203 PRESIDING OFFICER; WITHDRAWAL AND WAIVER OF
RULES
Geo 203.01 Presiding
Officer; Appointment; Authority.
(a) All hearings
shall be conducted for the board by a natural person appointed by the board to
serve as a presiding officer.
(b) A presiding
officer shall as necessary:
(1) Regulate and control the course of a hearing;
(2) Facilitate an informal resolution acceptable
to all parties;
(3) Administer oaths and affirmations;
(4) Issue subpoenas to compel the attendance of
witnesses at hearings or the production of documents, as authorized by RSA
310-A:23, II;
(5) Receive relevant
evidence at hearings and exclude irrelevant, immaterial or unduly repetitious
evidence;
(6) Rule on procedural requests, including
adjournments or postponements, at the request of a party or on the presiding
officer's own motion;
(7) Question any person who testifies;
(8) Cause a complete record of any hearing to be
made, as specified in RSA 541-A:31, VI; and
(9) Take any other action consistent with
applicable statutes, rules and case law necessary to conduct the hearing and complete
the record in a fair and timely manner.
Source. #7525-A,
eff 7-1-01
Geo 203.02 Withdrawal
of Presiding Officer.
(a) Upon his or her
own initiative or upon the motion of any party, a presiding officer or board
official shall, for good cause withdraw from any hearing.
(b)
Good
cause shall exist if a presiding officer or board official:
(1)
Has a direct interest in the outcome of a proceeding, including, but not
limited to, a financial, business, or family relationship;
(2) Has made statements or engaged in behavior
which objectively demonstrates that he or she has prejudged the facts of a
case; or
(3) Personally believes that he or she cannot
fairly judge the facts of a case.
(c) Mere knowledge
of the issues, the parties or any witness shall not constitute good cause for
withdrawal.
Source. #7525-A,
eff 7-1-01; amd by #12151, eff 3-24-17
Geo 203.03 Waiver
or Suspension of Rules by Presiding Officer. The presiding officer, upon his or her own
initiative or upon the motion of any party, shall suspend or waive any
requirement or limitation imposed by this chapter upon reasonable notice to affected
persons when the proposed waiver or suspension appears to be lawful, and would
be more likely to promote the fair, accurate and efficient resolution of issues
pending before the board than would adherence to a particular rule or
procedure.
Source. #7525-A,
eff 7-1-01
PART Geo 204 FILING, FORMAT AND DELIVERY OF DOCUMENTS
Geo 204.01 Date
of Issuance or Filing. All written
documents governed by these rules shall be rebuttably presumed to have been
issued on the date noted on the document and to have been filed with the board
on the actual date of receipt by the board, as evidenced by a date stamp placed
on the document by the board in the normal course of business.
Source. #7525-A,
eff 7-1-01
Geo 204.02 Format of Documents.
(a) All correspondence, pleadings, motions or
other documents filed under these rules shall:
(1) Include the title and docket number of the
proceeding, if known;
(2) Be completed electronically or
clearly printed on durable paper 8 ˝ by 11 inches in size;
(3) Be signed by the party
or proponent of the document, or, if the party appears by a representative, by
the representative; and
(4) Include a statement certifying that a copy of
the document has been delivered to all parties to the proceeding in compliance
with Geo 203.03.
(b) A party’s or representative's signature on a document
filed with the board shall constitute certification that:
(1) The signer has read the document;
(2) The signer is authorized to file it;
(3) To the best of the signer’s knowledge,
information and belief there are good and sufficient grounds to support it; and
(4) The document has not been filed for purposes
of delay.
Source. #7525-A,
eff 7-1-01; amd by #12151, eff 3-24-17
Geo 204.03 Delivery
of Documents.
(a) Copies of all
petitions, motions, exhibits, memoranda, or other documents filed by any party
to a proceeding governed by these rules shall be delivered by that party to all
other parties to the proceeding.
(b) All notices,
orders, decisions or other documents issued by the presiding officer or board
shall be delivered to all parties to the proceeding.
(c) Delivery of all
documents relating to a proceeding shall be made by personal delivery or by
depositing a copy of the document, by first class mail, postage prepaid, in the
(d) When a party
appears by a representative, delivery of a document to the party's
representative at the address stated on the appearance filed by the representative
shall constitute delivery to the party.
Source. #7525-A,
eff 7-1-01
PART Geo 205 TIME PERIODS
Geo 205.01 Computation
of Time.
(a) Unless otherwise
specified, all time periods referenced in this chapter shall be calendar days.
(b) Computation of
any period of time referred to in these rules shall begin with the day after
the action which sets the time period in motion, and shall include the last day
of the period so computed.
(c) If the last day
of the period so computed falls on a Saturday, Sunday or legal holiday, then the
time period shall be extended to include the first business day following the
Saturday, Sunday or legal holiday.
Source. #7525-A,
eff 7-1-01
Geo 206.01 Motions;
Objections.
(a) Motions shall be
in written form and filed with the presiding officer, unless made in response
to a matter asserted for the first time at a hearing or on the basis of
information which was not received in time to prepare a written motion.
(b) Oral motions and
any oral objection to such motions shall be recorded in full in the record of
the hearing. If the presiding officer
finds that the motion requires additional information in order to be fully and
fairly considered, the presiding officer shall direct the moving party to
submit the motion in writing, with supporting information.
(c) Objections to
written motions shall be filed within 30 days of the date of the motion.
(d) Failure by an
opposing party to object to a motion shall not in and of itself constitute
grounds for granting the motion.
(e) The presiding
officer shall rule upon a motion after full consideration of all objections and
other factors relevant to the motion.
Source. #7525-A,
eff 7-1-01
Geo 206.02 Pleadings.
(a) The only
pleadings permitted shall be petitions, other than for rulemaking,
and replies to petitions. Applications
shall not be considered pleadings.
(b) All petitions
shall contain:
(1) The name and address of the petitioner;
(2) The name and address of the petitioner's
representative, if any;
(3) A concise statement of the facts that caused
the petitioner to request the board to act;
(4) The action that the petitioner wishes the
board to take; and
(5) The identification of any statutes, rules,
orders, or other authority that entitles the petitioner to request the board to
act.
(c) Board replies to
petitions shall contain:
(1) The name and address of the petitioner;
(2) The name and address of the representative of
the petitioner, if any;
(3) A statement addressing each fact alleged in
the petition;
(4) A statement addressing the authority
identified by the petitioner;
(5) A concise response to each statement;
(6) The identification of any statutes, rules,
orders, or other authority, not identified in the petition, having a bearing upon
the subject matter of the petition; and
(7) The action the board took.
(d)
Replies shall be filed within 90 days from the date of the petition.
Source. #7525-A,
eff 7-1-01
PART Geo 207 NOTICE OF HEARING; APPEARANCES; PRE-HEARING
CONFERENCES
Geo 207.01 Commencement
of Hearing. A hearing shall be
commenced by an order of the board giving notice to the parties at least 30
days prior to the hearing as required by Geo 207.03.
Source. #7525-A,
eff 7-1-01
Geo 207.02 Docket
Numbers. A docket number shall be
assigned to each matter to be heard which shall appear on the notice of hearing
and all subsequent orders or decisions of the board.
Source. #7525-A,
eff 7-1-01
Geo 207.03 Notice
of Hearing.
(a) A notice of a
hearing issued by the board at least 30 days prior to the hearing shall
contain the information required by RSA 541-A:31, III, namely:
(1) A statement of the time, place and nature of
any hearing;
(2) A statement of the legal authority under
which a hearing is to be held;
(3) A reference to the particular statutes and
rules involved including this chapter;
(4) A short and plain statement of the issues
presented;
(5) A statement that each party has the right to
have an attorney represent them at their own expense; and
(6) A statement that each party has the right to
have the board provide a certified shorthand court reporter at the party’s
expense and that any such request shall be submitted in writing at least 10
days prior to the hearing.
Source. #7525-A,
eff 7-1-01
Geo 207.04 Appearances
and Representation.
(a) A party’s
representative shall file an appearance that includes the following
information:
(1) A brief identification of the matter;
(2) A statement as to whether or not the
representative is an attorney and if so, whether the attorney is licensed to
practice in
(3) The party or representative's daytime address
and telephone number.
Source. #7525-A,
eff 7-1-01
Geo 207.05 Prehearing
Conference. Any party may request,
or the presiding officer shall schedule on his or her own initiative, a
prehearing conference in accordance with RSA 541-A:31, V to consider:
(a) Offers of
settlement;
(b) Simplification
of the issues;
(c) Stipulations or
admissions as to issues of fact or proof by consent of the parties;
(d) Limitations on
the number of witnesses;
(e) Changes to
standard procedures desired during the hearing by consent of the parties;
(f) Consolidation of
examination of witnesses; and
(g) Any other
matters which aid in the disposition of the proceeding.
Source. #7525-A,
eff 7-1-01
PART Geo 208 ROLES OF BOARD STAFF AND COMPLAINANTS
Geo 208.01 Role
of Board Staff in Enforcement or Disciplinary Hearings. Unless called as witnesses, board staff as
defined in Geo 103.04 shall have no role in any
enforcement or disciplinary hearing.
Source. #7525-A,
eff 7-1-01
Geo 208.02 Role of Complainants in Enforcement or
Disciplinary Hearings. Unless called
as a witness or granted party or intervenor status, a person who initiates an
adjudicative proceeding by complaining to the board about the conduct of a
person who becomes a party shall have no role in any enforcement or
disciplinary hearing.
Source. #7525-A,
eff 7-1-01
PART Geo 209 INTERVENTION
Geo 209.01 Intervention.
(a) A non-party may
intervene in a matter pending before a board under the provisions of RSA 541-A:32,
by filing a motion stating facts demonstrating that the non-party's rights or
other substantial interests might be affected by the proceeding or that the
non-party qualifies as an intervenor under any provision of law.
(b) If the presiding
officer determines that such intervention would be in the interests of justice
and would not impair the orderly and prompt conduct of the hearing, he or she
shall grant the motion for intervention.
(c) Participation by
intervenors shall be limited to that which is necessary to protect the interest
identified in the petition for intervention.
(d) Petitions for
intervention shall be filed any time after commencement of a proceeding, and
state:
(1) The petitioner's interest in the subject matter
of the hearing;
(2) Whether the petitioner appears in support of
the complainant, or the respondent, as well as for his or her own interest;
(3) Why the interests of the parties and the
orderly and prompt conduct of the proceeding would not be impaired; and
(4) Any other reasons why the petitioner should
be permitted to intervene.
(e) Petitions for
intervention shall be granted if the petitioner has an interest in the
proceeding and has clearly stated this interest.
(f) A person filing
a complaint that becomes the subject of a disciplinary hearing shall be served
with the hearing notice and notified of the right to intervene in the
proceeding.
(g) Once granted
leave to intervene, intervenors shall take the proceeding as they find it and
no portion of the proceeding shall be repeated because of the fact of
intervention.
Source. #7525-A,
eff 7-1-01
PART Geo 210 POSTPONEMENT REQUESTS AND FAILURE TO ATTEND HEARING
Geo 210.01 Postponements.
(a) Any party to a
hearing may make an oral or written motion that a hearing be postponed to a
later date or time.
(b) If a
postponement is requested by a party to the hearing, it shall be granted if the
presiding officer determines that good cause has been demonstrated. Good cause shall include the unavailability
of parties, witnesses or attorneys necessary to conduct the hearing, the
likelihood that a hearing will not be necessary because the parties have
reached a settlement or any other circumstances that demonstrate that a
postponement would assist in resolving the case fairly.
(c) If the later
date, time and place are known at the time of the hearing that is being
postponed, the date, time and place shall be stated on the record. If the later date, time and place are not
known at the time of the hearing that is being postponed, the presiding officer
shall issue a written scheduling order stating the date, time and place of the
postponed hearing as soon as practicable.
Source. #7525-A,
eff 7-1-01
Geo 210.02 Failure
to Attend Hearing. If any party to whom
notice has been given in accordance with Geo 207.03 fails to attend a hearing,
the presiding officer shall declare that party to be in default and shall either:
(a) Dismiss the
case, if the party with the burden of proof fails to appear; or
(b) Hear the
testimony and receive the evidence offered by a party, if that party has the
burden of proof in the case.
Source. #7525-A,
eff 7-1-01
PART Geo 211 REQUESTS FOR INFORMATION OR DOCUMENTS
Geo 211.01 Voluntary
Production of Information.
(a) Each party shall
attempt in good faith to make complete and timely response to requests for the
voluntary production of information or documents relevant to the hearing.
(b) When a dispute between parties arises concerning a
request for the voluntary production of information or documents, any party may
file a motion to compel the production of the requested information under Geo
211.02.
Source. #7525-A,
eff 7-1-01
Geo 211.02 Motions
to Compel Production of Information.
(a) Any party may
make a motion requesting that the presiding officer order the parties to comply
with information requests. The motion
shall be filed at least 15 days before the date scheduled for the hearing.
(b) The moving
party’s motion shall:
(1) Set forth in detail those factors which it
believes justify its request for information; and
(2) List with specificity the information it is
seeking to discover.
(c) When a party has
demonstrated that such requests for information are necessary for a full and
fair presentation of the evidence at the hearing, the presiding officer shall
grant the motion.
Source. #7525-A,
eff 7-1-01
Geo 211.03 Mandatory
Pre-Hearing Disclosure of Witnesses and Exhibits. At least 5 days before the hearing the
parties shall exchange a list of all witnesses to be called at the hearing with
a brief summary of their testimony, a list of all documents or exhibits to be
offered as evidence at the hearing, and a copy of each document or exhibit.
Source. #7525-A,
eff 7-1-01
PART Geo 212 RECORD, PROOF, EVIDENCE AND DECISIONS
Geo 212.01 Record
of the Hearing.
(a) The board shall
record the hearing by tape recording or other method that will provide a
verbatim record except for a proceeding on emergency action shall be governed
by RSA 541-A:30, III.
(b) If any person
requests a transcript of the taped record, the board shall cause a transcript
to be prepared and, upon receipt of payment for the cost of the transcription,
shall provide copies of the transcript to the requesting party.
(c) At the request of a party to any proceeding
involving disciplinary action, the record of the proceeding shall be made by a
certified shorthand court reporter provided by the board at the requesting
party’s expense. A request for a
certified shorthand court reporter shall be filed at least 10 days prior to the
hearing.
Source. #7525-A,
eff 7-1-01
Geo 212.02 Standard
and Burden of Proof. The party
asserting a proposition shall bear the burden of proving the truth of the
proposition by a preponderance of the evidence.
Source. #7525-A,
eff 7-1-01
Geo 212.03 Testimony;
Order of Proceeding.
(a) Any person
offering testimony, evidence or arguments shall state for the record his or her
name, and role in the proceeding. If the
person is representing another person, the person being represented shall also
be identified.
(b) Testimony shall
be offered in the following order:
(1) The party or parties bearing the burden of
proof and such witnesses as the party may call;
(2) The party or parties opposing the party who
bears the overall burden of proof and such witnesses as the party may call.
Source. #7525-A,
eff 7-1-01
Geo 212.04 Evidence.
(a) Receipt of
evidence shall be governed by the provisions of RSA 541-A:33.
(b) All documents,
materials and objects offered as exhibits shall be admitted into evidence
unless excluded by the presiding officer as irrelevant, immaterial, unduly
repetitious or legally privileged.
(c) All objections
to the admissibility of evidence shall be stated as early as possible in the
hearing, but not later than the time when the evidence is offered.
(d) Transcripts of
testimony and documents or other materials, admitted into evidence shall be
public records unless the presiding officer determines that all or part of a
transcript or document is exempt from disclosure under RSA 91-A:5 or applicable
case law.
Source. #7525-A,
eff 7-1-01
Geo 212.05 Proposed
Findings of Fact and Conclusions of Law.
(a) Any party may
submit proposed findings of fact and conclusions of law to the presiding
officer prior to or at the hearing.
(b) Upon request of
any party, or if the presiding officer determines that proposed findings of
fact and conclusions of law would serve to clarify the issues presented at the
hearing, the presiding officer shall specify a date after the hearing for the
submission of proposed findings of fact and conclusions of law.
(c) In any case
where proposed findings of fact and conclusions of law are submitted, the
decision shall include rulings on the proposals.
Source. #7525-A,
eff 7-1-01
Geo 212.06 Closing
the Record.
(a) After the
conclusion of the hearing, the record shall be closed and no other evidence
shall be received into the record, except as allowed by (b) below and Geo
212.08.
(b) Before the conclusion
of the hearing, a party may request that the record be left open to allow the
filing of specified evidence not available at the hearing. If the other parties to the hearing have no
objection or if the presiding officer determines that such evidence is
necessary to a full consideration of the issues raised at the hearing, the
presiding officer shall keep the record open for the period of time necessary
for the party to file the evidence.
Source. #7525-A,
eff 7-1-01
Geo 212.07 Reopening
the Record. At any time prior to the
issuance of the decision on the merits, the presiding officer, on the presiding
officer’s own initiative or on the motion of any party, shall reopen the record
to receive relevant, material and non-duplicative testimony, evidence or
arguments not previously received, if the presiding officer determines that
such testimony, evidence or arguments are necessary to a full and fair
consideration of the issues to be decided.
Source. #7525-A,
eff 7-1-01
Geo 212.08 Decisions.
(a) A board member
shall not participate in making a decision unless he or she personally heard
the testimony in the case, unless the matter’s disposition does not depend on
the credibility of any witness and the record provides a reasonable basis for
evaluating the testimony.
(b) If a presiding
officer has been delegated the authority to conduct a hearing in the absence of
a majority of the members of the board who are to render a final decision, the
presiding officer shall submit to the board a written proposal for decision,
which shall contain a statement of the reasons for the decision and findings of
fact and rulings of law necessary to the proposed decision.
(c) If a proposal
for decision in a matter not personally heard by all board members voting on
the decision is adverse to a party to the proceeding other than the board
itself, the board shall serve a copy of the proposal for decision on each party
to the proceeding and provide an opportunity to file exceptions and present briefs
and oral arguments to the board.
(d) A proposal for
decision shall become a final decision upon its approval by the board.
(e) A board shall
keep a decision on file in its records for at least 5 years following the date
of the final decision or the date of the decision on any appeal, unless the
director of the division of records management and archives of the department
of state sets a different retention period pursuant to rules adopted under RSA
5:40.
Source. #7525-A,
eff 7-1-01
PART Geo 213 MOTION FOR REHEARING
Geo 213.01 Purpose.
The rules in this part are intended to
supplement any statutory provisions, including RSA 541, that require or allow a
person to request a rehearing of a decision of the board prior to appealing the
decision.
Source. #7525-A,
eff 7-1-01
Geo 213.02 Applicability.
The rules in this part shall apply
whenever any person has a right under applicable law to request a rehearing of
a decision prior to filing an appeal of the decision with the court having
appellate jurisdiction.
Source. #7525-A,
eff 7-1-01
Geo 213.03 Filing
and Content of Motion.
(a) A motion for
rehearing shall be filed within 30 days of the date of the board decision or
order.
(b) A motion for
rehearing shall:
(1) Identify each error of fact, error of
reasoning, or error of law which the moving party wishes to have reconsidered;
(2) Describe how each error causes the board's
decision to be unlawful, unjust or unreasonable, or illegal in respect to
jurisdiction, authority or observance of the law, an abuse of discretion or
arbitrary, unreasonable or capricious.
(3) State concisely the factual findings,
reasoning or legal conclusion proposed by the moving party; and
(4) Include any argument or memorandum of law the
moving party wishes to file.
Source. #7525-A,
eff 7-1-01
Geo 213.04 Standard
for Granting Motion for Rehearing.
(a) A motion for
rehearing in a case subject to appeal under RSA 541 shall be granted if it
demonstrates that the board's decision is unlawful, unjust or unreasonable.
(b) A motion for
rehearing in a case subject to appeal by petition for writ of certiorari shall
be granted if it demonstrates that the board's decision is illegal in respect
to jurisdiction, authority or observance of law, an abuse of discretion or
arbitrary, unreasonable or capricious.
Source. #7525-A,
eff 7-1-01
Geo 213.05 Decision
on Motion for Rehearing. The board
shall grant or deny a motion for rehearing, or suspend the order or decision
pending further consideration within 10 days of the filing of the motion for
rehearing.
Source. #7525-A,
eff 7-1-01
Geo 214.01 Purpose. The purpose of this part is to provide a
uniform procedure for the conduct of public hearings at which comment from the
general public will be solicited for evaluation and consideration by the board
relative to rulemaking.
Source. #7525-A,
eff 7-1-01
Geo 214.02 Scope.
(a) These rules
shall apply to all hearings required by state law to be conducted by the department
at which public comment shall be solicited, except that they shall not apply to
adjudicative hearings.
(b) If any
requirement set by these rules conflicts with an applicable statute such other
authority shall control.
Source. #7525-A,
eff 7-1-01
Geo 214.03 Notice.
(a) A public comment
hearing concerning rulemaking shall be commenced by placing notice of the hearing
in the "Rulemaking Register" so that it shall appear at least 20 days
prior to the hearing date.
(b) Notice for
rulemaking public comment hearings shall comply with RSA 541-A:6, I.
(c) Nothing in these
rules shall prohibit the board from giving greater notice than the minimums set
out in this part.
Source. #7525-A,
eff 7-1-01
Geo 214.04 Media
Access.
(a) Public comment
hearings shall be open to the print and electronic media.
(b) The moderator
shall place limits on the activities of the media to avoid disruption in the
following ways:
(1) Limit the number of media representatives
when their presence is disproportionate to the number of citizens present and
shall cause citizens to be excluded;
(2) Limit the placement of television cameras to
certain locations in the hearing room; and
(3) Prohibit interviews from being conducted
within the hearing room during the hearing.
Source. #7525-A,
eff 7-1-01
Geo 214.05 Moderator.
(a)
The hearing shall be presided over by a moderator who shall be the board
chairperson or a designee.
(b) The moderator
shall:
(1) Call the hearing to order;
(2) Cause a recording of the hearing to be made;
(3) Place limits on the media to avoid disruption
as set out in Geo 214.04(b);
(4) Recognize those who wish to be heard and
establish the order thereof;
(5) Limit the time for each
speaker, as set out in Geo 214.06(b);
(6) Remove or have removed any person who
disrupts the hearing;
(7) Adjourn the hearing; and
(8) Provide opportunity for the submission of
written comments.
Source. #7525-A,
eff 7-1-01
Geo 214.06 Public
Participation.
(a) Any person who
wishes to speak on the issue or issues which are the subject of the hearing
shall place his or her name and address on a speakers' list before the last
speaker on the list has finished speaking. All whose names appear on the
speakers' list, as provided, shall be afforded reasonable time to speak at the
hearing. Reasonable time shall be determined considering the number of people
who wish to be heard, the time and the availability of the facility.
(b) The board,
through the moderator, shall:
(1) Refuse to recognize a person who refuses to
give his or her full name and address;
(2) When a group or organization wishes to
comment, limit the group to no more than 3 spokespersons, provided that the
members who are present shall be allowed to enter their names and addresses
into the record as supporting the position by the group or organization;
(3) Revoke recognition of a speaker who speaks or
acts in an abusive or disruptive manner; or
(4) Revoke recognition of a speaker who refuses
to keep his comments relevant to the issue or issues which are the subject of
the hearing.
(c)
Written comments may be submitted any time from the time notice has been
published until the record has been closed by the moderator, which shall not be
less than 7 calendar days after the hearing.
(d)
In the event that the number of speakers who wish to give oral testimony
relevant to the issue or issues involved exceed that number which can be heard
within a reasonable period of time subject to facility availability and length
of the hearing, the hearing shall be reconvened pursuant to applicable
provisions in RSA 541-A to afford such persons the opportunity to be heard.
Speakers may elect to submit written testimony in lieu of additional oral
hearing.
Source. #7525-A,
eff 7-1-01
Geo 215.01 Petition
for Rulemaking.
(a) Any person may
request the board to commence a proceeding for the purpose of adopting,
amending, or repealing a rule by filing a written petition that contains:
(1) A statement of the petitioner's request for
the proposed rule;
(2) The text of the proposed rule or a statement
of the particular results intended by the petitioner's interest in the subject
matter of the proposed rule;
(3) An identification of the particular rule
sought to be amended or repealed;
(4) Any data or argument the petitioner believes
would be useful to the board in deciding whether to commence a rulemaking
proceeding; and
(5) Name, address, signature of petitioner and
date.
Source. #7525-A,
eff 7-1-01
Geo 215.02 Disposition
of Petition.
(a) The board shall
consider all petitions for rulemaking and proceed pursuant to RSA 541-A:4. The
board shall request additional data or argument from the petitioner or other
interested persons to clarify the argument.
(b) If the data or
argument fails to support the petition, the board shall state the reason
therefore in the order.
(c) If the data or
argument supports the petition, the board shall commence rulemaking in
accordance with RSA 541-A:3 et. seq.
Source. #7525-A,
eff 7-1-01
PART Geo 216 DECLARATORY RULINGS
Geo 216.01 Petitions.
(a) Any person may
request a declaratory ruling from the board on matters within its jurisdiction
by filing an original and 5 copies of a petition pursuant to Geo 206.02(b).
(b) A petition for
declaratory ruling shall also set forth the following information:
(1) The exact ruling being requested; and
(2) The statutory and factual basis for ruling,
including any supporting affidavits or memoranda of a law.
Source. #7525-A,
eff 7-1-01
Geo 216.02 Action
on Petitions.
(a) The petitioner
shall provide such further information or participate in such evidentiary or
other proceedings as the board shall direct after reviewing the petition and
any replies received.
(b) Upon review and
consideration, the board shall within 90 days rule on the petition pursuant to
Geo 206.02(d).
Source. #7525-A,
eff 7-1-01
PART Geo 217 EXPLANATION AFTER ADOPTION
Geo 217.01 Explanation
after Adoption.
(a) Any person may
request an explanation regarding adoption of the rules pursuant to RSA
541-A:11,
(b) The request
shall be considered at the next scheduled board meeting and the board shall
issue a response within 45 days after consideration.
Source. #7525-B,
eff 7-1-01; ss by #9438, eff 3-25-09; ss by #12151,
eff 3-24-17
PART Geo 218 WAIVER OF SUBSTANTIVE RULES
Geo 218.01 Petitions for Waiver.
(a) Any interested
person may request the board to waive or suspend any rule not covered by Geo
203.03 by filing an original and 6 copies of a petition pursuant to Geo
206.02(b) which also identifies the rule in question and sets forth specific
facts and arguments which support the requested waiver.
(b) Petitions for waivers of substantive rules
shall address whether:
(1) Adherence to the rule would cause the
petitioner hardship;
(2) The requested waiver is necessary because of
any neglect or misfeasance on the part of the petitioner;
(3) Waiver of the rule would be consistent with
the statutes administered by the board;
(4) Waiver of the rule would injure third
persons; and
(5) Other good cause for waiving the rule exists.
(c) If examination of the petition reveals that
other persons would be substantially affected by the proposed relief, the board
shall require service of the petition on each such persons and advise each that
she or he may file a reply to the petition pursuant to Geo 206.02(c).
(d) The petitioner shall provide further
information or participate in such evidentiary or other proceedings ordered by
the board as necessary to complete action on the petition.
(e) A petition for waiver of a rule which does
not contain the information required in (b) above shall be denied without
further notice or hearing.
(f) The board shall grant petitions for waiver of
a rule upon finding that good cause exists to do so based on the information
supplied by the petitioner pursuant to Geo 218.01(b).
(g) The board shall, if good cause to do so
exists, initiate waiver or suspension of a substantive rule upon its own motion
by providing affected parties with notice and an opportunity to be heard, and
issuing an order which finds that:
(1) Adherence to the rule would cause the
petitioner undue personal hardship;
(2) There is no neglect or misfeasance on the part
of the petition;
(3) Waiver of the rule would be consistent with
the statutes administered by the board; and
(4) Waiver of the rule would not injure third
persons.
Source. #12151,
eff 3-24-17
CHAPTER Geo 300
LICENSURE REQUIREMENTS
PART Geo 301 APPLICATION REQUIREMENTS
Geo
301.01 Application Process.
(a) Persons wishing to become licensed as a
professional geologist shall submit an application form for licensure provided
by the board which contains the information specified in Geo 301.02 including
the application fee specified in Geo 305.02.
(b) The board shall acknowledge receipt of an
application for licensure within 60 days of acceptance for filing and shall
notify the applicant of any deficiencies in the application. Failure to remedy the deficiencies within 60
days from notification shall result in denial of the application. An application shall be considered on file
with the board when all deficiencies are corrected.
(c) If the application for licensure is denied,
the applicant shall be provided an opportunity to request a hearing pursuant to
Geo 213.03 on the deficiency issues identified by the board. Any such request shall be made in writing and
received by the board within 30 days of the receipt of the notification of
denial.
(d) Applications which are abandoned or have had
no communication by the applicant to the board for one year shall be destroyed.
Source. #7526, eff 7-1-01; ss by #9439, eff 3-25-09;
ss by #12152, eff 3-24-17
Geo 301.02 Application for Licensure.
(a) Each applicant for licensure shall provide,
or cause to be provided, the following on an application for licensure form
supplied by the board:
(1) The
applicant’s name, including any names previously used;
(2) The
applicant’s residence address, business name and address, email address, and
telephone numbers;
(3) The
applicant’s date of birth, place of birth, and citizenship;
(4) For each of
the applicant’s employers, the dates the applicant was employed, the name of
the employer, the title of the applicant’s position, the location and character
of each position held by the applicant while working for each employer, the
degree of responsibility at each position, and the name and present address of
a licensed geologist familiar with each position;
(5) The applicant’s
educational history including:
a. The names
and locations of all high school and post-secondary institutions attended;
b. The dates of
attendance, major(s), and degrees awarded; and
c. Certified copies
of transcripts from all post-secondary institutions attended;
(6) A listing
of every state in which the applicant holds or has ever held
registration/licensure as a professional geologist including;
a. The license
number;
b. The state of
licensure;
c. The year
licensed;
d. Number of
hours of written exam;
e. Whether
reciprocity or grandfather; and
f. Whether the
license is active or lapsed and if lapsed why;
(7) State in
which the applicant was first registered or licensed as a professional
geologist, date of licensure, the license number, and whether the license is
now in force and, if not, an explanation as to why;
(8) Whether the applicant has ever applied for
professional geologist licensure in New Hampshire and the status;
(9) Whether the
applicant has ever lost or been denied registration or licensure as a
professional geologist or disciplined by another licensing board in any other
state and if so, an explanation of the circumstances;
(10) Whether
the applicant has ever taken the National Association of State Boards of
Geology (ASBOG) Fundamentals of Geology examination, and if so, the location,
date, and grade awarded;
(11) Whether
the applicant has ever taken the National Association of State Boards of
Geology (ASBOG) Practice of Geology examination, and if so, the location, date,
and grade awarded;
(12) Whether
the registration or licensure as a professional geologist was issued by examination
and if so, the location, date and grade awarded;
(13) A
statement indicating that the applicant has adhered to and agrees to abide by
the ethical and professional standards of the profession;
(14) Whether
the applicant has ever been convicted of any felony or any misdemeanor, or a
violation involving geology or the practice of professional geology and if so,
the name of the court, the details of the offense, the date of conviction, and
the sentence imposed;
(15) The names,
complete addresses, occupation and business relationship with applicant of 5
references as specified in Geo 302.03;
(16) A list of
current memberships in professional or scientific societies, including:
a. Name of
organization;
b. Location;
c. Level of
membership; and
d. Dates of
memberships.
(17) The applicant’s social security number required pursuant to RSA 161-B:11, VI-a;
(18) Whether
the applicant is applying for facilitated licensure as a military spouse;
(19) Any
additional experience information the applicant wishes to provide;
(20) An
affidavit acknowledging that the applicant has provided correct and true
information; and
(21) The
applicant’s signature and date under penalty of unsworn falsification, pursuant
to RSA 641:3, II.
(b) Each applicant for licensure who is a graduate
of a non-United States or Canadian institution shall have his or her transcripts
sent directly from the institution to World Education Services or a similar
translation and authentication service which specializes in evaluating
educational credentials for translation and authentication. The applicant shall
request translation and authentication be sent from the translation and
authentication organization directly to the board office for evaluation by the
board.
(c) Applicants shall pay the application fee
specified in Geo 305.02.
Source. #7526, eff 7-1-01; ss by #9439, eff 3-25-09;
ss by #12152, eff 3-24-17
PART Geo 302 QUALIFICATIONS OF APPLICANTS
Geo
302.01 Candidate Requirements.
(a) Candidates for licensure shall meet the
requirements established by RSA 310-A:125 before a license shall be granted.
Applicants shall appear for a personal audience with the board if their records
of education or experience are unclear, contradictory, or incomplete. The candidate shall provide documentation of
his or her work products to help determine competency.
(b) The candidate shall have performed no
misconduct as set forth in RSA 310-A:133.
The board shall consider all available evidence for all candidates for
licensure, prior to granting any license.
Substantiated evidence of failure to adhere to the ethical standards of
the profession or misconduct as set forth in RSA 310-A:133 shall result in
denial of licensure to any candidate.
(c) Qualifications shall be determined as
follows:
(1) The
candidate shall have either of the following:
a. A bachelor’s
degree in geology or a bachelor’s degree in a related field and shall have 30 credit
hours or 45 quarter hours in geology from an accredited 4-year college; or
b. A master’s
or doctoral degree from a graduate program from an accredited institution in
geology or a related field including, but not limited to, degrees or credit
hours in geochemistry, geohydrology, geomorphology, geophysics, groundwater
geology, engineering geology, environmental geology, hydrogeology, hydrology,
marine geology, mineralogy, mining geology, paleontology,
petrography/petrology, sedimentology/stratigraphy/historical geology, or water
resources studies;
(2) The applicant shall present evidence
satisfactory to the board of at least 5 years of experience in the practice of
geology, of which at least 3 years must have been under the supervision of a
licensed professional geologist or a geologist who otherwise meets the
requirements of a licensed professional geologist as determined by the board;
and
(3) The applicant shall take the fundamentals and practice of
geology examinations distributed by the National Association of State Boards of
Geology (ASBOG) and achieve a passing score.
Source. #7526, eff 7-1-01; ss by #9439, eff 3-25-09; ss
by #12152, eff 3-24-17
Geo 302.02 Experience Requirements.
(a) Experience in the practice of geology shall
be determined pursuant to RSA 310-A:125 as follows:
(1) Experience
in the practice of geology shall not include routine sampling, laboratory work,
or geological drafting;
(2) A completed
academic year of graduate study
in geology may be applied either toward a year of the experience requirement up
to a total maximum of 2 years, or to the education requirement of Geo 302.01
(c), but not to both;
(3) Each completed academic year of
college or graduate level teaching in geology may be applied toward one year of
the experience requirement; and
(4) Experience
gained in the armed services, to be creditable, shall be of a character
equivalent to that which would have been gained in the civilian sector doing
similar work.
(b) Whenever information presented in an application
for licensure or renewal is determined by the board to be incomplete, the board
shall require additional information as necessary to determine if the
application requirements have been met.
Source. #7526, eff 7-1-01; ss by #9439, eff 3-25-09;
ss by #12152, eff 3-24-17
Geo
302.03 References Required.
(a) Each applicant for licensure shall provide
the board with the names and addresses of at least 5 individuals, who shall
provide references, and who are not related to the applicant. At least 3 of the
references shall be individuals having personal or professional knowledge of
the applicant's professional geology experience. At least 3 of the references
shall be licensed professional geologists as defined by RSA 310-A:118, IV,
having detailed knowledge of the applicant's geology experience.
(b) The board shall use as references any
individuals, whose names appear in any part of the completed application.
Source. #7526, eff 7-1-01; ss by #9439, eff 3-25-09;
ss by #12152, eff 3-24-17
Geo
302.04 Information from References.
(a) Information from references shall be
requested by the board on forms provided by the board as follows:
(1) Applicant’s
name;
(2) Reference’s
full name and address, relationship to the applicant, and status as a licensed
professional geologist as defined in RSA 310-A:118, IV;
(3) The reference’s business or profession;
(4) Whether the reference is a licensed geologist
and if so in what state and license number;
(5) Whether the reference qualifies for
licensure as a professional geologist in accordance with RSA 310-A:125, I;
(6) How long the reference has known the
applicant;
(7) Whether the reference is related to the applicant;
(8) The reference’s business connection with the
applicant;
(9) Whether the reference knows anything that
reflects adversely on the integrity or good general character of the applicant;
(10) A brief estimate of the applicant as a
geologist;
(11) Whether the reference would employ the
applicant in a position of trust;
(12) Whether the applicant is connected with a
firm, the name and address of the firm, and the position that the applicant
fills;
(13) Whether the applicant is in individual
practice and the nature of such practice;
(14) Whether the reference recommends the
applicant for licensure as a professional geologist; and
(15) Remarks concerning the applicant.
(b) The reference shall sign and date the form
below the following attestation:
“I make the above
statements with full knowledge that the person referred to is making
application for licensure to the State of New Hampshire as a professional
geologist.”
Source. #7526, eff 7-1-01; ss by #9439, eff 3-25-09;
ss by #12152, eff 3-24-17
Geo
302.05 Additional References. The board shall require of the applicant the
names and addresses of additional references if the original information provided
by the references is unclear, incomplete or contradictory.
Source. #7526, eff 7-1-01; ss by #9439, eff 3-25-09; ss
by #12152, eff 3-24-17
Geo
302.06 Denial of Application. An application shall be denied if, after
notice and an opportunity for hearing, there is a finding that:
(a) The applicant, or someone acting on the
applicant's behalf, has submitted false information to the board in connection
with the application;
(b) Evidence of past disciplinary action taken by
another licensing body or a professional society or association, indicates the
applicant cannot be relied upon to practice competently, safely and honestly,
or adhere to the standards of conduct required by Geo 500;
(c) Evidence of conviction of a felony or
misdemeanor indicates the applicant cannot be relied upon to practice
competently, safely and honestly, or adhere to the ethical standards required
by Geo 500;
(d) Evidence of behavior that would violate the
ethical standards of Geo 500, indicates the applicant cannot be relied upon to
practice competently, safely and honestly, or adhere to the ethical standards
required by Geo 501.03;
(e) The applicant failed to meet the educational
and experience requirements of Geo 302; or
(f) The applicant failed to successfully pass the
examinations required per Geo 303.01.
Source. #7526, eff 7-1-01; ss by #9439, eff 3-25-09;
ss by #12152, eff 3-24-17
PART Geo 303 EXAMINATION REQUIREMENTS
Geo 303.01 Examination Requirements.
(a) The board shall hold the Fundamentals of
Geology and Practice of Geology, written national examinations semi-annually
each year on dates set by the National Association of State Boards of Geology
(ASBOG).
(b) All applicants for licensure shall have
successfully passed the National Association of State Boards of Geology (ASBOG)
Fundamentals of Geology examination.
(c) All applicants for licensure shall have
successfully passed the National Association of State Boards of Geology (ASBOG)
Practice of Geology examination.
Source. #7526, eff 7-1-01; ss by #9439, eff 3-25-09;
ss by #12152, eff 3-24-17
Geo
303.02 Re-Examinations. Candidates failing an examination shall be
entitled to re-examination upon payment of the examination fee pursuant to Geo
305.02.
Source. #7526, eff 7-1-01; ss by #9439, eff 3-25-09;
ss by #12152, eff 3-24-17
Geo 303.03 Exemption
from Examinations. Pursuant to RSA 310-A:131, I, no examination shall be
required for professional geologist
candidates who are licensed by reciprocity provided the other state’s licensing
requirements are substantially equivalent to or more stringent than those of
this state, as determined by the board after reviewing the application.
Source. #7526, eff 7-1-01; ss by #9439, eff 3-25-09;
ss by #12152, eff 3-24-17
PART Geo 304 RECIPROCITY
Geo
304.01 Reciprocity. Candidates for licensure who are licensed or
registered in another state, provided that the other state’s licensure or
registration requirements are substantially equivalent to or more stringent
than those of this state, shall apply to the board for licensure on a form
provided by the board as specified in Geo 301.02 and pay the fee per Geo
305.02. Verification of licensure and examination
shall be obtained by the candidate for licensure and submitted to the board
directly from the verifying state for approval.
Source. #7526, eff 7-1-01; ss by #9439, eff 3-25-09;
ss by #12152, eff 3-24-17
PART Geo 305 APPLICATION/EXAMINATION/LICENSURE FEES
Geo
305.01 Fees.
(a) All fees shall be paid in the form of cash, money order,
bank draft, credit card or check made payable to "Treasurer, State of New
Hampshire," and shall be non-refundable.
(b) All applicants
wishing to pay a fee via credit card shall complete and submit a confidential
“Credit Card Sheet”, revised 10/2016.
Source. #7526, eff 7-1-01; ss by #9439, eff 3-25-09;
ss by #12152, eff 3-24-17
Geo 305.02 Application/Examination/Licensure Fees. The fees shall be as follows:
(a) The application fee for licensure as a
professional geologist shall be $225.00;
(b) The fee for the fundamentals of geology examination shall be $300.00;
(c) The fee for the
practice of geology examination shall be $360.00;
(d) The application fee for the certificate of
licensure shall be $50.00;
(e) The biennial renewal fee shall be $150.00;
(f) If the renewal is not received by the date of
expiration there shall be a late fee of 20 percent per month;
(g) The fee for reinstatement pursuant to Geo
401.05 shall be $510;
(h) The temporary permit fee shall be $300.00;
(i) The fee for
verification of licensure shall be $25.00;
(j) The fee for replacement of a lost or
mutilated certificate of licensure shall be $50.00;
(k) The fee for administration of examination for
the fundamentals of geology examination for another jurisdiction shall be $150.00;
and
(l) The
fee for administration of examination for the practice of geology examination
for another jurisdiction shall be $150.00.
Source. #7526, eff 7-1-01; ss by #9439, eff 3-25-09;
ss by #12152, eff 3-24-17; amd by #12800, eff 6-7-19
PART Geo 306 TEMPORARY PERMIT
Geo
306.01 Temporary Permit.
(a) A person who is eligible to be licensed as a
professional geologist in New Hampshire by reciprocity may apply for a
temporary permit for a specific project in this state not to exceed an aggregate
of 30 days in any one calendar year.
(b) Applicants for temporary permits shall
provide, or cause to be provided, the following on a form provided by the
board:
(1) The
applicant’s name, including any names previously used;
(2) The
applicant’s business name, addresses, home and business telephone numbers, and
e-mail address;
(3) State
currently licensed in, license number, and expiration date;
(4) Project
title, location, and brief description of the specific project in the state;
(5) Applicant’s professional geologist stamp of
jurisdiction in which applicant is licensed/registered;
(6) Certification that the applicant has taken and
passed the exams described in Geo 303.01;
(7) An attestation that: “I have read the contents
hereof and clearly understand that the correctness and truth of my statements
as recorded in this application are material, not only to the issuance of the
certificate of licensure, as applied for, but also to the retention of said
certificate, if issued”; and
(8) Applicant’s
signature and date.
(c) Applicants for temporary permits shall
provide a copy of their current professional geology license in addition to the
material described in (b) above.
(d) Applicant shall submit the application fee
specified in Geo 305.02.
Source. #7526, eff 7-1-01; ss by #9439, eff 3-25-09;
ss by #12152, eff 3-24-17
PART Geo 307 CREDENTIALS
Geo
307.01 License. An applicant for licensure as a professional
geologist, who has met satisfactorily all the requirements of RSA 310-A and who
has paid all of the fees, shall be issued a license by the board. The licensee shall be issued a license
authorizing the practice of geology that shall show the name of the licensee,
have a serial number, and be sealed and signed by the members of the board.
Source. #7526, eff 7-1-01; ss by #9439, eff 3-25-09;
ss by #12152, eff 3-24-17
Geo
307.02 Pocket Cards. Biennially, the board shall issue a pocket
card upon receipt of the biennial renewal form and fee. The card shall certify that the geologist
holds a license in good standing and is authorized to practice geology to the
date of expiration as shown on the card.
Source. #7526, eff 7-1-01; ss by #9439, eff 3-25-09;
ss by #12152, eff 3-24-17
Geo
307.03 Licensed Professional Geologist
Seal/Stamp.
(a) Upon receiving his or her license, the
licensee shall acquire an impression type seal or rubber stamp of the design
specified in Geo 307.03(b). This seal,
signature of the licensee, and date shall be affixed on all papers or documents
involving the practice of geology prepared by the licensee issued or filed for
public record.
(b) The seal shall consist of 2 concentric
circles with the outer circle having a diameter of 1-5/8 inches and the inner
circle diameter 1-1/4 of an inch. In the
space between the circles at the top shall be the words "State of New
Hampshire" and at the bottom "Professional Geologist." In the space inside the inner circle shall be
the full name of the licensee above an image of a crossed geological hammer and
compass. The license number shall be
written so as to span the image. The word
“Licensed” shall be written at the bottom following the curve of the inner
circle, above the words “Professional Geologist.”
(c) No licensee shall stamp or seal any documents
with his or her seal after his or her license has expired or been revoked, or
while it is suspended. No licensee shall stamp or seal any document that the
licensee has not prepared personally or that the licensee did not directly
supervise the creation thereof.
Source. #7526, eff 7-1-01; ss by #9439, eff 3-25-09;
ss by #12152, eff 3-24-17
PART Geo 308 FACILITATED LICENSING FOR MILITARY SPOUSES
Geo 308.01 Licensing for Active
Duty Military Spouses.
(a) Each applicant
for licensure who is a military spouse pursuant to RSA 332-G:7, III shall apply to the board for licensure on an application for licensure form as specified in Geo
301.02 and pay the fee set forth in Geo 305.02.
(b) Each applicant for facilitated licensing as a military spouse shall provide
a copy of the military member’s orders showing proof of active duty status.
(c) Each applicant
who applies for facilitated licensing as a military spouse shall be eligible to
obtain a facilitated license if the military spouse is licensed or registered
in another state or jurisdiction, provided that the other state’s or
jurisdiction’s licensure or registration requirements are consistent with RSA 310-A:125, Geo 302.01, and Geo 302.03.
(d) Verification of licensure and examination shall be obtained by
the candidate for licensure and submitted to the board directly from the
verifying state or jurisdiction for approval.
(e) A military
spouse who obtains a facilitated license shall comply with all license renewal
requirements pursuant to Geo 403.01.
Source. #12152, eff 3-24-17
CHAPTER Geo 400 CONTINUED STATUS
PART Geo 401 RENEWAL OF LICENSE
Geo 401.01 Expirations
and Renewals. Pursuant to RSA
310-A:132, licenses shall be renewed by written application prior to the
expiration date and by payment of the prescribed renewal fee. The board shall notify each professional
geologist 2 months prior to expiration of his or her license.
Source. #7526, eff 7-1-01; ss by #9439, eff 3-25-09;
ss by #12152, eff 3-24-17
Geo
401.02 Renewal of License. Any licensee wishing to renew a license shall
submit:
(a) The renewal application supplied by the
board;
(b) The fee specified in Geo 305.02 (e); and
(c) The late fee of 20 percent per month if the
renewal is not received by the date of expiration.
Source. #7526, eff 7-1-01; ss by #9439, eff 3-25-09;
ss by #12152, eff 3-24-17
Geo
401.03 Renewal Application. The applicant shall supply the following
information on the application form for license renewal:
(a) The applicant’s full name;
(b) The applicant’s business name, address, and
telephone number;
(c) The applicant’s home address and telephone
number;
(d) The applicant’s e-mail address;
(e) The applicant’s license number and expiration date;
(f) The renewal amount due and late fee if applicable;
(g) Whether it’s a first time renewal;
(h) An attestation that the applicant has
complied with the continuing education requirements of Geo 403;
(i) A statement
indicating any disciplinary or legal judgments against the applicant for his or
her services as a professional geologist;
(j) A statement indicating that the applicant has
adhered to the ethical and professional standards of Geo 500;
(k) The applicant’s acknowledgement that
knowingly providing the board with false information, or providing information
with disregard for its truth or falsity when such information is in fact false,
provides a basis for disciplinary action by the board; and
(l) The applicant’s signature and date.
Source. #7526, eff 7-1-01; ss by #9439, eff 3-25-09;
ss by #12152, eff 3-24-17
Geo
401.04 Denial of Renewal.
(a) Renewal shall be denied if, after notice and
an opportunity for hearing, there is a finding of:
(1)
Noncompliance with the continuing education requirements of Geo 403;
(2) Any
unethical act for which discipline shall be imposed under Geo 500;
(3) Reasons for
which an initial application would have been denied; or
(4) Failure to
furnish complete or accurate information on a renewal license application.
(b) The board shall notify the applicant of any
deficiencies in the renewal application within 60 days of acceptance for filing.
Failure to remedy the deficiencies within 60 days shall result in denial of the
renewal application. An application shall be considered on file with the board
when all deficiencies are corrected.
Source. #7526, eff 7-1-01; ss by #9439, eff 3-25-09; ss
by #12152, eff 3-24-17
Geo
401.05 Reinstatement of a License Suspended
for Non-Renewal.
(a)
Persons wishing to have their license as a professional geologist
reinstated shall submit an application form described in (h)(1) below.
(b) The board shall consider all available
evidence for all applicants for licensure, prior to granting any license. Substantiated evidence of failure to adhere
to the ethical standards of the profession or misconduct as set forth in RSA
310-A:133 shall result in denial of reinstatement of licensure to any applicant.
(c)
The board shall acknowledge receipt of an application for reinstatement
of licensure within 30 days of acceptance for filing and shall notify the
applicant of any deficiencies in the application.
(d)
The board shall issue an approval or denial of the reinstatement
application within 60 days of the submission of the completed application. An application shall be considered completed
when all deficiencies are corrected.
(e)
Failure of the applicant to remedy the deficiencies within 60 days from
notification required in (c) above shall result in denial of the reinstatement
application.
(f) If the application for licensure is denied,
the applicant shall be provided an opportunity to request a hearing pursuant to
Geo 213.03 on the deficiency issues identified by the board. Any request for a hearing shall be made in
writing and received by the board within 30 days of the applicant’s receipt of
the notification of denial.
(g)
Applications which are abandoned or have had no communication by the
applicant to the board for 12 months or more shall be denied.
(h) Applicants for reinstatement shall complete and
submit to the board:
(1) The
information described in Plc 308.06 on the “Universal Application for Licensure
Renewal”;
(2) Sign and
date the application in accordance with Plc 308.08;
(3) Submit the
reinstatement fees as specified in Plc 1002.42; and
(4) Include evidence
of having completed 24 hours of continuing education as described in Geo 403
within the immediately preceding 24 months of the submission of the application
for reinstatement.
(i)
The board shall fully reinstate licenses
suspended for more than 12 months if the applicant:
(1) Completes all the requirement
listed in (h) above; and
(2) Submits evidence of an
addition 12 hours of continuing education as described in Geo 403 completed
within the immediately preceding 24 months of the submission of the application for
reinstatement.
Source. #7526, eff 7-1-01; ss by #9439, eff 3-25-09;
ss by #12152, eff 3-24-17; ss by #13778, eff 12-11-23
Geo
401.06 Denial of Reinstatement. Reinstatement shall be denied if, after
notice and an opportunity for hearing, the board finds:
(a) Noncompliance with the continuing education
requirements of Geo 403;
(b) Any unethical act for which discipline shall
be imposed under Geo 500;
(c) Reasons for which an initial application
could be denied; or
(d) Failure to furnish complete or accurate
information on a license reinstatement application.
Source. #9439, eff 3-25-09; ss by #12152, eff 3-24-17
Geo 401.07 Active Duty Military Inactive Status.
(a) The board shall place a professional
geologist on inactive status pursuant to RSA 332-G:7, II upon receipt of:
(1) A written
request; and
(2) Proof of
active duty service in the Armed Forces of the United States.
(b) The board shall return a professional geologist
to active status upon receipt of:
(1) Payment of
the renewal fee;
(2) Proof of
completion of the continuing education requirements pursuant to Geo 403; and
(3) Proof that
the licensee has not been discharged from service in the Armed Forces of the
United States for more than one year.
Source. #12152, eff 3-24-17
PART Geo 402 DISCIPLINARY MATTERS
Geo 402.01 Initiation of Disciplinary Action. The board shall undertake misconduct
investigations, settlements of misconduct allegations, or disciplinary
hearings, when warranted, in response to information which reasonably suggests
that a licensee has engaged in professional misconduct.
Source. #7526, eff 7-1-01; ss by #9439, eff 3-25-09;
ss by #12152, eff 3-24-17
Geo
402.02 Disciplinary Sanctions.
(a) The board shall impose disciplinary sanctions
only:
(1) After prior
notice and an opportunity to be heard; or
(2) Pursuant to
a mutually agreed upon settlement or consent decree.
(b) When the board receives notice that a
licensee has been subjected to disciplinary action related to professional
conduct by the licensing authority of another jurisdiction, where the license
was not reinstated, the board shall issue an order directing the licensee to
demonstrate why reciprocal discipline should not be imposed in New Hampshire
after considering the presence of aggravating or mitigating circumstances.
(c) After a finding that misconduct has occurred,
the board shall impose one or more of the disciplinary sanctions authorized by
RSA 310-A:133 and RSA 310-A:135, V after considering the presence of
aggravating or mitigating circumstances.
(d) The following shall be considered aggravating
circumstances:
(1) The seriousness
of the offense;
(2) The
licensee's prior disciplinary record;
(3) The
licensee's state of mind at the time of the offense;
(4) The
licensee’s lack of willingness to cooperate with the board; and
(5) The
potential harm to public health and safety.
(e) The following shall be considered mitigating
circumstances:
(1) The absence
of a prior disciplinary record;
(2) The
licensee’s state of mind at the time of the offense;
(3) The
licensee’s acknowledgement of his or her wrongdoing; and
(4) The licensee’s
willingness to cooperate with the board.
(f) Copies of board orders imposing disciplinary
sanctions and copies of all settlement agreements or consent decrees shall be sent
to the licensing body of each state in which the licensee is licensed and to
such other entities, organizations, associations, or boards as are required to
be notified under applicable state or federal law.
Source. #7526, eff 7-1-01; ss by #9439, eff 3-25-09;
ss by #12152, eff 3-24-17
Geo
402.03 Civil Penalties.
(a) Adjudicative proceedings seeking the
assessment of civil penalties shall be commenced against any person subject to
such penalties under any provision of RSA 310-A when the board possesses
evidence indicating that a violation has occurred.
(b) When persons subject to the board’s
disciplinary authority are directed to pay civil penalties in accordance with
Geo 402.02 (c), such civil penalties shall be assessed in accordance with the
factors stated in Geo 402.02 (c) and the following additional considerations:
(1) The cost of
any investigation or hearing conducted by the board; and
(2) The
licensee’s ability to pay a civil penalties assessed by the board.
(c) Civil penalties shall not exceed the
following amounts:
(1) When no violation
of the same type has occurred within the 5 years preceding the board’s notice
to the respondent, the civil penalties assessed shall not exceed $200.00 per day
or $1,000.00 per offense whichever is greater;
(2) When a
single disciplinary infraction of the same type has occurred within the 5 years
preceding the board’s notice to the respondent, the civil penalties assessed
shall not exceed $200.00 per day or $1,500.00 per offense whichever is greater;
(3) When more
than one disciplinary infraction of the same type has occurred within the 5
years preceding the board’s notice to the respondent, the civil penalties
assessed shall not exceed $200.00 per day or $2,000.00 per offense whichever is greater; and
(4) In the case
of continuing violations, a separate civil penalty shall be assessed for each day
the violation continues, but the total amount of the civil penalties and the
respondent’s promptness and cooperativeness in ceasing the prohibited conduct
in question shall be considered in assessing the daily civil penalty.
(d) A single course of continuing conduct shall
be treated as a single violation for purposes of Geo 402.03 (c), (1), (2), and
(3).
Source. #9439, eff 3-25-09; ss by #12152, eff 3-24-17
Geo
402.04 Procedures for Assessing and
Collecting Civil Penalties.
(a) Payment of civil penalties shall be included
among the options available for settling disciplinary allegations, and shall be
included among the types of disciplinary sanctions imposed after notice and
hearing.
(b) In cases where the board initially intends to
limit disciplinary sanctions to a civil penalty, the board shall issue a
“notice of apparent liability” describing the alleged offense, stating the
amount of the assessed civil penalty, and notifying the alleged offender that
he or she shall pay or compromise the civil penalties by a date certain or
request that an administrative hearing be held. If a hearing is requested, the notice of apparent
liability shall be withdrawn and a notice of hearing shall be issued. In such
hearings, the board’s disciplinary options shall not be limited to the
assessment of civil penalties.
(c) Nonpayment of civil penalties by a licensee
or respondent in contravention of an order, agreement, or promise to pay, shall
be separate grounds for discipline by the board and a basis for denying a
subsequent license or renewal application and a basis for judicial action
seeking to collect civil penalties.
Source. #9439, eff 3-25-09; ss by #12152, eff 3-24-17
PART Geo 403 CONTINUING EDUCATION
Geo 403.01 Continuing Education Requirements.
(a) A renewal application shall not be accepted
for filing unless the licensee indicates on the renewal application, and under
penalty of unsworn falsification, that he or she has completed the minimum
required hours of approved continuing education required by Geo 403.01 (b) and
lists the specific basis for each credit on the board provided “Continuing
Education Activity Log”, revised 10/2016.
(b) Each licensee shall obtain at least 24 hours
of continuing education activities during the biennial renewal period as a
condition of license renewal.
Source. #7526, eff 7-1-01; ss #9439, eff 3-25-09; ss
by #12152, eff 3-24-17
Geo
403.02 Continuing Education
Requirements for New Licensees. New
licensees shall obtain 12 continuing education hours for their first biennial
renewal period.
Source. #7526, eff 7-1-01; ss #9439, eff 3-25-09; ss
by #12152, eff 3-24-17
Geo
403.03 Requirements for Reciprocity. Licensees who are residents of jurisdictions
other than New Hampshire shall meet the continuing education or equivalent
requirements of their resident jurisdiction.
The requirements for the State of New Hampshire shall be satisfied when
a non-resident licensee provides evidence of having met the continuing
education or equivalent requirements of their resident jurisdiction. If licensees reside in a jurisdiction that
has no continuing education requirements, the resident shall meet the requirements
of the State of New Hampshire.
Source. #7526, eff 7-1-01; ss #9439, eff 3-25-09; ss
by #12152, eff 3-24-17
Geo
403.04 Reinstatement. In addition to the requirements set forth in
Geo 401.05, an applicant for reinstatement shall obtain 12 additional hours of
continuing education activity for a total of 36. Additional hours shall be for the current
reinstatement period only, none shall be carried over into the licensee’s
subsequent biennial renewal period.
Source. #7526, eff 7-1-01; ss #9439, eff 3-25-09; ss
by #12152, eff 3-24-17
Geo 403.05 Continuing Education Requirements. Continuing education activities shall meet
the following criteria:
(a) Continuing education activities shall be
relevant to the practice of geology or no credit shall be awarded. Such
continuing education activities may include technical, ethical, or managerial
content;
(b) The content of each activity shall be well
organized and presented in a sequential manner;
(c) The activity shall be led by persons who are
qualified by education or experience and monitored by the sponsoring organization;
and
(d) The activity provides for individual
participant registration, which shall include information required for record
keeping and reporting.
Source. #7526, eff 7-1-01; ss #9439, eff 3-25-09; ss
by #12152, eff 3-24-17
Geo 403.06 Continuing Education Activity Hours. Hours for continuing education activities
shall be awarded as follows:
(a) A maximum of 2 continuing education hours per
year shall apply to activity on a state or national board of licensure;
(b) Courses/programs awarded one or more college
semester credit hours, with a passing grade where grades are issued, shall
equal 15 continuing education hours per credit hour based on course credit
established by the college or university;
(c) Courses/programs awarded one or more college
quarter hours, with a passing grade where grades are issued, shall equal 10
continuing education hours per credit hour based on course credit established
by the college or university;
(d) Courses/programs awarded one or more
continuing education units by the course sponsor, with a passing grade where
grades are issued, shall equal 10 continuing education hours per CEU;
(e) One hour of credit shall be awarded for each
hour of continuing education in course work, seminars, or professional
technical presentations made at meetings, conventions, or conferences for each
hour of attendance;
(f) Field trips organized and run by professional
or technical societies or in conjunction with meetings, conventions, or
conferences shall be awarded one continuing education hour for each hour of
duration, up to 8 continuing education hours per day.
(g) Teaching or instructing qualifying courses or
seminars or making presentations at technical meetings shall earn continuing
education hours at a rate twice that of participants. Teaching credit shall be
valid for teaching a course or seminar for the first time only. Teaching credit shall not apply to full-time
faculty teaching courses that are part of their normal teaching load;
(h) Each professional journal article, published
paper, published geological map, or published geology text book shall equal 16
continuing education hours;
(i) Active
participation in professional or technical societies shall equal one continuing
education hour per year and shall require that the licensee serve as an officer
or actively participate in a committee of the organization. Continuing education hours shall not be
earned until each year of service is completed and shall be limited to 2
continuing education hours per organization, with a maximum of 4 continuing
education hours per renewal period; and
(j) Continuing education hours shall not be awarded
for any repeat activity attended or completed.
Source. #7526, eff 7-1-01; ss #9439, eff 3-25-09; ss
by #12152, eff 3-24-17
Geo 403.07 Record Keeping.
(a) Maintaining records to be used to support
continuing education hours claimed shall be the responsibility of the licensee.
(b) Attendance verification records in the form
of completion certificates or other documents supporting evidence of attendance
such as:
(1) Signed attendance receipts;
(2) Paid
receipts; or
(3) A copy of a
listing of attendees signed by a person responsible for course or program or
the course or program provider.
(c) The licensee shall retain attendance verification
records for a period of at least 3 years. Such documentation shall be made
available to the board for random audit and verification purposes. Documentation
shall support continuing education hours claimed. Failure to provide
documentation for audit verification shall result in disciplinary action.
(d) Not less than 5 percent of the licensees
shall be randomly selected each year by the board for compliance with Geo
403.01.
Source. #7526, eff 7-1-01; ss #9439, eff 3-25-09; ss
by #12152, eff 3-24-17
Geo
403.08 Exemptions. A licensee shall be exempt from the
continuing education requirements as follows:
(a) A licensee serving on temporary active duty
in the armed forces of the United States for a period of time exceeding 120
consecutive days in a year shall be exempt from obtaining 12 of the continuing
education hours required; and
(b) Licensees experiencing disability, illness,
or other extenuating circumstances which would prevent the licensee from
completing the required continuing education hours shall apply in writing to
the board for specific exemption. Relevant supporting documentation shall be
furnished to the board when necessary for a fair and informed determination by
the board.
Source. #7526, eff 7-1-01; ss #9439, eff 3-25-09; ss
by #12152, eff 3-24-17
Geo 403.09 Waiver
of Education Deadline. A licensee
may request waiver of continuing education deadlines, as follows:
(a) A petition
requesting a waiver shall be filed at least 30 days before the expiration of
the biennial continuing education period in question;
(b) Late filing shall
be justified by a showing of good cause that includes serious accident,
illness, or other circumstances beyond the control of the licensee which actually
prevents the licensee from satisfying the continuing education requirements;
(c) Relevant
supporting documentation from the licensee’s physician or medical professional
shall be furnished to the board when necessary for a fair and informed
determination by the board; and
(d) A waiver
petition shall include a specific timetable for completing specific courses,
which will meet the petitioner’s continuing education unit deficiency.
Source. #7526, eff 7-1-01; ss #9439, eff 3-25-09; ss by
#12152, eff 3-24-17
Geo
403.10 Noncompliance. Failure to complete continuing education
requirements in a timely fashion, or failure to submit documentation which
establishes that said requirements were so completed, shall after notice and
opportunity for hearing, result in disciplinary action pursuant to Geo 402.02
unless a waiver petition has been timely filed and duly granted by the board.
Source. #7526, eff 7-1-01; ss #9439, eff 3-25-09; ss
by #12152, eff 3-24-17
CHAPTER Geo 500
ETHICAL STANDARDS AND LICENSE SURRENDER
PART Geo 501 ETHICAL STANDARDS
Geo 501.01 Purpose and Scope.
(a) In order to safeguard the life, health,
property, and welfare of the public, and to establish and maintain a high
standard of integrity in the professional practice of geology, the following
rules of professional conduct are promulgated in accordance with RSA 310-A.
(b) These rules shall be binding upon every
person holding a license as a professional geologist in this state.
Source. #7526, eff 7-1-01; ss #9439, eff 3-25-09; ss
by #12152, eff 3-24-17
Geo
501.02 Obligation To Obey.
(a) Violation of these ethical standards shall
result in disciplinary sanctions.
Conduct proscribed by these ethical standards, when performed by a
candidate for licensure as a professional geologist in this state, or during a
prior period of licensure, shall result in denying a license application.
(b) All persons licensed under RSA 310-A shall be
considered to have knowledge of the existence of these rules of professional
conduct, and shall be deemed to be familiar with their several provisions. Such
knowledge shall encompass the understanding that the practice of the profession
of geology is a privilege, as opposed to a right, and the licensed professional
geologist shall be forthright and candid in the licensee's statements or
written response to the board or its representatives on matters pertaining to
professional conduct.
(c) Licensees shall submit only truthful and
correct information in any application or other document filed with or
statement made to the board.
(d) Licensees shall inform the board of a
principle business or home address to which all official board communications
should be directed, and also of all addresses where he or she is practicing.
The establishment of a business or home address or the change or abandonment of
a business or home address shall be reported to the board within 30 days.
Source. #7526, eff 7-1-01; ss #9439, eff 3-25-09; ss
by #12152, eff 3-24-17
Geo
501.03 Standards of Conduct.
(a) The
licensed professional geologist shall hold paramount the safety, health, and
welfare of the public.
(b) The licensed professional geologist shall:
(1) Perform his
or her services only in areas of his or her competence;
(2) Issue
statements only in an objective and truthful manner;
(3) Act for each
employer or client as faithful agents or trustees;
(4) Not engage
in deceptive acts;
(5) Conduct
himself or herself honorably, responsibly, ethically, and lawfully so as to
enhance the honor, reputation, and usefulness of the profession;
(6) Undertake
to perform geology assignments only when qualified by education or experience
in the specific technical field of professional geology involved;
(7) Accept an
assignment requiring education or experience outside of his or her own field of
competence, only to the extent that his or her services are restricted to those
phases of the project in which he or she is qualified. All other phases of such
project shall be performed by qualified persons;
(8) Not affix
his/her signature or seal to any plan or document dealing with subject matter
for which he or she lacks competence by virtue of education or experience, nor
to any such plan or document not prepared under his or her direct supervisory
control, however he or she may affix his/her seal and signature to drawings and
documents depicting the work of 2 or more professionals provided he or she
designates by a note under his/her seal the specific subject matter for which
he/she is responsible; and
(9) Exercise
direct supervisory control, responsible charge which requires a licensee or
employee to carry out all client contracts, provide internal and external
financial control, oversee employee training, and exercise control and
supervision over all jobs requirements to include research, planning, design,
field supervision, and work product review. A licensee shall not contract with a non-licensed
individual to provide these professional services.
(c) The licensed professional geologist shall issue
public statements only in an objective and truthful manner.
(d) The licensed professional geologists shall:
(1) Be
objective and truthful in all professional reports, statements or testimony,
and include all relevant and pertinent information in such reports, statements
or testimony;
(2) When
serving as an expert or technical witness before any court, commission, or
other tribunal, express an expert opinion only when it is founded upon adequate
knowledge of the facts in issue, upon a background of technical competence in
the subject matter, and upon honest conviction of the accuracy and propriety of
his or her testimony;
(3) Issue no
statements, criticisms, or arguments on geological issues connected with public
policy which are influenced or paid for by an interested party, or parties,
unless he or she has prefaced his or her comment by explicitly identifying
himself or herself by disclosing the identities of the party or parties on whose
behalf he or she is speaking, and by revealing the existence of any pecuniary
interest he or she may have in the instant matters;
(4) Not attempt
to injure, either maliciously or falsely, or directly or indirectly, the
professional reputation, prospects, practice or employment of another
geologist; and
(5) If he or
she believes that another licensed professional geologist is guilty of
misconduct or illegal practice, he shall present such information to the board.
(e) The licensed professional geologist shall
avoid conflicts of interest.
(f) The licensed professional geologist shall:
(1) Promptly inform his employer or client of any
business associations, interests, or circumstances, which could influence his
or her judgment, or the quality of his or her services;
(2) Not accept
compensation, financial or otherwise, from more than one party for services pertaining
to the same project, unless the circumstances are fully disclosed to, and
agreed to, by all interested parties;
(3) Not solicit
or accept financial or other valuable considerations from material or equipment
suppliers for specifying their products;
(4) Not solicit
or accept financial or other valuable considerations, directly or indirectly,
from contractors, their agents, or other parties dealing with his or her client
or employer in connection with work for which he or she is responsible;
(5) When in
public service as a member, advisor, or employee of a governmental body or
department, not participate in considerations or actions with respect to
services provided by him or her or his or her organization in the private
practice of the profession of geology; and
(6) Not solicit
or accept a geological contract from a governmental body on which a principal
or officer of his/her organization serves as a member.
(g) The licensed professional geologist shall
solicit or accept work only on the basis of his/her qualifications.
(h) The licensed professional geologist shall:
(1) Not offer
to pay, either directly or indirectly, any commission, political contribution,
gift, or other consideration in order to secure work, exclusive of securing
salaried positions through employment agencies;
(2) Compete for
employment on the basis of professional qualification and competence to perform
the work and shall not solicit or submit proposals for professional services
containing false, fraudulent, misleading, deceptive or unfair statements or
claims regarding the cost, quality or extent of services to be rendered;
(3) Not falsify
or permit misrepresentation of his or her, or his or her associates’ academic
or professional qualifications, or misrepresent his or her degree of
responsibility in or for the subject matter of prior assignments; and
(4) Not
distribute brochures or other presentations incident to the solicitation of
employment which shall misrepresent pertinent facts concerning employers, employees,
associates, joint ventures, or his or her or their past accomplishments with
the intent and purpose of enhancing his or her qualifications and his or her
work.
(i) The licensed
professional geologist shall perform his/her services in an ethical and lawful
manner.
(j) The licensed professional geologist shall:
(1) Not
knowingly associate with or permit the use of his/her name in a business
venture by any person or firm which he or she knows, or has reason to believe,
is engaging in business or professional practices of a fraudulent or dishonest
nature;
(2) If he/she
has knowledge or reason to believe that another licensed professional geologist
may be in violation of any of these provisions or provisions of RSA 310-A,
present such information to the board in writing and cooperate with the board
in furnishing such further information or assistance as may be required by the
board; and
(3) Cooperate
with investigations and requests for information from the board and the board’s
representatives.
Source. #7526, eff 7-1-01; ss #9439, eff 3-25-09; ss
by #12152, eff 3-24-17
PART Geo 502 VOLUNTARY LICENSE SURRENDER
Geo
502.01 Procedure for Surrendering a
License. Any person holding a
license may voluntarily surrender that license by returning it to the board
accompanied by a signed letter stating that he or she intends to surrender his
or her license.
Source. #7526, eff 7-1-01; ss #9439, eff 3-25-09; ss
by #12152, eff 3-24-17
Geo
502.02 Effect of Voluntary License
Surrender.
(a) A licensee who voluntarily surrenders a
license shall retain no right or privilege of a New Hampshire licensee unless
such a right or privilege is expressly preserved in the board order or
settlement agreement authorizing the voluntary surrender. Subject to such possible preservations, a
person who reapplies for licensure in New Hampshire after a voluntary surrender
shall have the burden of proving compliance with all of the requirements then
in effect for new applicants and professional character requirements.
(b) Non-renewal of a license shall not preclude
the board from investigating or completing a disciplinary proceeding based upon
the licensee’s professional conduct while the license was still in effect. Nor
shall surrender of a license preclude the board from investigating or
initiating disciplinary proceedings not expressly referenced in the voluntary
surrender order or settlement agreement. Such investigations and proceedings
shall be handled in the same manner as other disciplinary investigations and
proceedings.
Source. #7526, eff 7-1-01; ss #9439, eff 3-25-09; ss
by #12152, eff 3-24-17
Geo
502.03 Voluntary Surrender When Misconduct
Allegations are Pending.
(a) A licensee who wishes to surrender his or her
license as part of a settlement of pending misconduct allegations shall make a
written settlement offer to the board before the close of the record in a
disciplinary hearing.
(b) Any settlement agreement reached under (a),
above, shall include the following concessions:
(1) That the
license surrender has occurred in settlement of pending disciplinary charges;
and
(2) That the
pending disciplinary allegations shall be fully resolved prior to any future
application filed by the licensee in New Hampshire.
(c) The board shall decline to accept a
settlement agreement under (a), above, if the board believes the licensee has
unreasonably declined to disclose material information concerning the alleged
misconduct or has refused to stipulate to the truth of specific material facts
concerning the alleged misconduct which would be necessary to protect the
public interest in the event the licensee subsequently reapplies for a license.
(d) A licensee’s stipulation of facts shall be
exempt from public disclosure to the extent permitted by RSA 91-A if the public
portion of the settlement agreement or surrender document expressly states that
a separate, confidential stipulation of facts is on file with the board.
(e) The fact of license surrender and the terms
of any settlement agreement pertaining thereto shall be distributed to all
relevant licensing authorities and professional societies in the same manner as
a final decision containing specific finding of professional misconduct.
Source. #7526, eff 7-1-01; ss #9439, eff 3-25-09; ss
by #12152, eff 3-24-17
APPENDIX
Rule |
Specific State Statute the Rule Implements |
|
|
Geo 101 |
RSA 310-A:119 |
Geo 102 |
RSA 310-A:118 |
Geo 103.06 |
RSA 541-A:16, I(a) |
Geo 103.02 |
RSA 310-A:120, I; RSA
310-A:121 |
Geo 104.01 |
RSA 91-A:4, RSA 310-A:120,
RSA 541-A:16, I(a) |
Geo 105.03 |
RSA 310-A:120, RSA 541-A:16,
I(a) |
Geo 201-213 |
RSA 310-A:133, RSA 310-A:135, I, III-V, RSA
541-A:16, I(b)(2), |
Geo 203.02(b) intro. and (b)(1) |
RSA 310-A:121, I(f); RSA 310-A:133; RSA 310-A:135,
I, III-V RSA 541-A:16, I(b)(2) |
Geo 204.02(a) intro. and (a)(2) |
RSA 310-A:121, I(f); RSA 310-A:133; RSA 310-A:135,
I, III-V RSA 541-A:16, I(b)(2) |
Geo 214 |
RSA 541-A:16, I(b)(3) |
Geo 215 |
RSA 541-A:16, I(c) |
Geo 216 |
RSA 541-A:16, I(d) |
Geo 217 |
RSA 541-A:11, VII |
Geo 218 |
RSA 541-A:16, I(b) |
|
|
Geo 301 |
RSA
310-A:121, I (a); RSA 310-A:124; RSA 310-A:125, I, III |
Geo 302 |
RSA 310-A:121, II, RSA
310-A:129, RSA 310-A:131, I and RSA 310-A:132 |
Geo 303 |
RSA 310-A:125, I and RSA
310-A:121, I(b) |
Geo 304 |
RSA 310-A:129 and RSA 310-A:121,
I(c) |
Geo 305 |
RSA 310-A:121, II |
Geo 305.02(b) and (c) |
RSA 310-A:121, II(a) |
Geo 306 |
RSA 310-A:131, II |
Geo 307 |
RSA 310-A:130 |
Geo 308 |
RSA 332-G:7, IV |
|
|
Geo 401 |
RSA 310-A:132; RSA 332-G:7,
II |
Geo 402 |
RSA 310-A:133, RSA
310-A:135, I, V and RSA 310-A:121, I(e) |
Geo 403 |
RSA 310-A:127 and RSA
310-A:121, I(d) |
Geo 404 |
RSA 310-A:133 |
|
|
Geo 501 |
RSA 310-A:121, I(e) and
RSA 310-A:126 |