H-4319

AN ACT Relating to the registration of geologists; adding a new chapter to Title 18 RCW; and making an appropriation.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1. In order to safeguard life, health, and property, and to promote the public welfare, the legislature finds that it is in the public interest to regulate the profession of geology as described in this chapter. No person may practice or offer to practice the profession of geology unless registered or exempted from registration as provided by this chapter.

NEW SECTION. Sec. 2. As used in this chapter, the following terms shall have the meanings ascribed to them in this section:

"Board" means the board of registration for geologists.

"Geologist" means a person who, by reason of his or her knowledge of geology, mathematics, and the supporting physical and life sciences, acquired by education and practical experience, is qualified to engage in the practice of geology.

"Geology" means the science that includes treatment of the earth and its origin and history, in general; the investigation of the earth's constituent rocks, minerals, solids, fluids including surface and underground waters, gases, and other materials; and the study of natural agents, forces, and processes that cause changes in the earth.

"Practice of geology" means performance of geological service or work including, but not limited to, consultation, investigation, evaluation, planning, surveying, mapping, and inspection of geological work, and the responsible supervision thereof, the performance of which is related to public welfare or the safeguarding of life, health, property, and the environment, except as otherwise specifically provided by this chapter. A person shall be construed to practice or offer to practice geology, within the meaning and intent of this chapter, who practices any branch of the profession of geology; or who by verbal claim, sign, advertisement, letterhead, card, or in any other way represents himself or herself to be a geologist; or through the use of some other title that implies that he or she is a geologist or that he or she is registered under this chapter; or who holds himself or herself out as able to perform or who does perform any geologic services or work recognized by the board as the practice of geology.

"Registered geologist" means a geologist who has met the academic and experience qualifications established pursuant to this chapter and who has been issued a certificate of registration as a geologist by the board.

"Responsible charge" means the independent control and direction, by use of initiative, skill, and independent judgment, of geological work or the supervision of such work.

"Subordinate" means any person who assists in the practice of geology by a registered geologist or an exempt person, without assuming the responsible charge of the work.

NEW SECTION. Sec. 3. There is hereby created within the department of licensing, the board of registration for geologists. The board shall be composed of seven members, to be appointed by the governor. Six of the members shall be geologists registered pursuant to this chapter; the seventh member shall be a lay member of the general public with no family or business connection to the practice of geology. Each member of the board shall be a citizen of the United States, shall have been a resident of this state for at least three years immediately preceding his or her appointment, and shall be at least twenty-five years of age. In making appointments to the board, the governor shall make every effort to see that women and minorities are appropriately represented. The members initially appointed to the board shall be exempt from the registration requirement.

Members of the board shall be appointed for terms of four years, except for the initial board appointments which shall be made as follows: The first appointee shall serve a term of one year; the second and third appointees shall serve terms of two years; the fourth and fifth appointees shall serve terms of three years; and the sixth and seventh appointees shall serve terms of four years. Members shall serve on the board until the expiration of the term for which they were appointed and until their successors have been appointed and qualified. No member of the board may serve more than two consecutive full terms. Vacancies in the membership of the board shall be filled for the unexpired term by gubernatorial appointment.

The governor may remove or suspend any member of the board for any of the following causes: (1) If the member is no longer qualified for appointment to the board; (2) misconduct, incompetence, neglect of official duties, or malfeasance; (3) commission of a felony or violation of the provisions of this chapter resulting in disciplinary action; or (4) an unexcused failure to attend at least one-half of the regularly scheduled meetings held in a calendar year during the member's term in office.

Each member of the board shall be compensated in accordance with RCW 43.03.240 and shall be reimbursed for travel expenses incurred in carrying out provisions of this chapter in accordance with RCW 43.03.050 and 43.03.060.

Each present and former member of the board, its agents, employees, and members of committees duly appointed by the board under this chapter to assist the board in carrying out its duties and responsibilities, shall be exempt from civil liability for any act or omission occurring while acting in an official capacity, and the attorney general shall defend any such person in any action against the board or such person arising from any such act or omission.

NEW SECTION. Sec. 4. (1) The board shall meet within sixty days after appointment of its members. The board shall hold at least two regular meetings each year. Special meetings shall be held at such time as the rules of the board may provide and in accordance with the notice requirements thereof. The board shall elect annually from its membership, a chair, a vice-chair, and a secretary-treasurer, none of whom shall hold that office for more than two consecutive one-year terms. The board may employ personnel and arrange for assistance as it requires to carry out its duties and responsibilities under this chapter. A majority of the board shall constitute a quorum.

(2) The board shall adopt rules pursuant to chapter 34.05 RCW for the administration of this chapter, the performance of its duties, the governing of its proceedings, and the regulation of the practice of geology in this state.

(3) The board shall have the following powers and duties:

(a) The board shall establish fees to be charged applicants and registrants in connection with and to support the administration and enforcement of this chapter. The board shall set its fees at a level adequate to pay the costs of administering this chapter. In addition, the board shall charge additional fees for the purpose of repaying the board's initial general fund appropriation within a reasonable amount of time;

(b) The board shall consider all applications for registration as a geologist;

(c) The board shall prepare, administer, and grade, or cause to be prepared, administered, and graded, oral and written examinations required or established by this chapter. The board may adopt or recognize, in whole or in part, examinations prepared, administered, or graded by other organizations that the board determines are appropriate measures of the qualifications of an applicant for registration in this state as a geologist;

(d) The board shall issue certificates of registration as provided in this chapter;

(e) The board shall renew and reissue certificates of registration as provided in this chapter. As a condition of reissuance or renewal, the board shall have the authority to require evidence of continued competence in the practice of geology through means such as but not limited to the review of qualifications and experience, requirements for continuing professional education, or by reexamination on a periodic or other basis;

(f) The board shall adopt and issue a code of professional conduct that shall be binding upon all registrants and others permitted to practice geology under the limitations of this chapter;

(g) The board shall have the authority to investigate all complaints of violations of this chapter and of unprofessional conduct, by registrants and nonregistrants, as provided in this chapter;

(h) The board shall have the authority to refuse issuance or renewal of or to suspend or revoke any certificate, and to impose sanctions or disciplinary actions for violations of this chapter;

(i) The board shall have the authority to administer oaths and affirmations, and to issue subpoenas to compel the attendance of witnesses and the production of evidence. The board shall also have the authority to issue cease and desist orders and to seek injunctions against violations of this chapter;

(j) The board may work with the boards of registration of other states, and with other appropriate organizations and agencies, for the purposes of developing uniform standards for the registration of geologists; establishing reciprocity of registration; developing regional or national examinations; evaluating applicants; or other purposes consistent with this chapter; and

(k) The board shall have other powers and authority as are necessary for the administration and enforcement of this chapter.

(4) The board shall publish and maintain a roster showing the names and places of business of all registered geologists and firms or corporations practicing under certificates of registration issued by the board.

NEW SECTION. Sec. 5. The board shall determine by rule what information applicants must submit in support of an application for registration as a geologist. The board shall also determine by rule the requirements that an applicant must meet in order to receive a certificate of registration as a geologist. In determining these requirements, the board shall consider an applicant's education and experience, and an applicant's score on an examination established by the board for the purpose of testing the applicant's knowledge of the fundamentals and practice of geology. The board shall adopt rules for reexamination and partial reexamination for applicants who have failed all or part of the board's required examination.

In any individual case the board, by a two-thirds vote, may waive any of the requirements for registration, except payment of the applicable fees, upon written request of an applicant and upon a showing of good cause. If the board determines that the applicant is qualified for registration as a geologist, the requirements waived and the basis for such waiver shall be recorded in the applicant's record and in the proceedings of the board.

NEW SECTION. Sec. 6. The board may deny registration to an applicant who fails to satisfy any of the requirements established pursuant to this chapter, or if the board determines that there is probable cause to believe that an applicant has violated this chapter or comparable provisions in effect in any other state. The board shall not issue a certificate of registration pending the disposition, in this or another state, of any complaint alleging a violation of which the board has notice.

An applicant who is denied registration shall be notified in writing within thirty days of the board's decision, stating the reason for the denial. Within thirty days after receipt of such notice, the applicant may make written request for a review hearing before the board. In the absence of a request for a hearing, the board's action shall be final and conclusive.

The board shall refund the application fee of any applicant whose application has been denied, less the cost of considering the application, as determined by the board.

NEW SECTION. Sec. 7. The board shall issue a certificate evidencing registration as a geologist to an applicant whom the board feels has met the requirements established pursuant to this chapter and who has paid the applicable fees. The certificate shall show the full name of the registrant, shall have a serial number, and shall be signed by an appropriate officer of the board. The issuance by the board of a certificate of registration is evidence of a certificate holder's right to practice geology, so long as the certificate remains unrevoked or unexpired.

Each registrant shall procure a seal or stamp of a design established by the board, bearing the registrant's name, serial number, and the legend "registered geologist." Geologic reports, documents, chain-of-custody records, manifests, permits, affidavits, maps, plans, logs, sections, or other public records prepared or issued by or under the supervision of a registered geologist, shall include the full name, signature, and serial number of the registrant who prepared the document or under whose supervision the document was prepared, and an impression of the registrant's seal or stamp, in accordance with rules established by the board.

NEW SECTION. Sec. 8. Persons engaged in the following activities shall not be required to register under this chapter:

(1) Geological work performed by an employee or subordinate of a registrant under this chapter, so long as the work does not include responsible charge of geological work and is performed under the direct supervision of a registered geologist, who shall be responsible for such work;

(2) Geological work performed by officers and employees of the United States practicing solely as such officers and employees;

(3) Geological work performed exclusively in the exploration for and development of energy resources and base, precious, and nonprecious minerals, including sand, gravel, and aggregate;

(4) Geologic research conducted through academic institutions, agencies of the federal or state governments, nonprofit research institutions, or for-profit organizations, including submissions of research to public agencies;

(5) Teaching in geology or related physical or natural sciences;

(6)(a) The acquisition of engineering data involving soil, rock, groundwater, and other earth materials; evaluation of the physical and chemical properties of soil, rock, ground water, and other earth materials; and utilization of these data in analysis, design, and construction by professional engineers registered and licensed in this state, and (b) similar geological work performed by persons or organizations licensed or registered in any other profession or occupation related to geology, provided such work is permitted under the applicable licensing or registration law, and is incidental to the practice or the profession or occupation for which licensure and registration is required;

(7) Work customarily performed by such physical or natural scientists and chemists, archaeologists, geographers, oceanographers, and soil scientists; and

(8) The giving of testimony, or preparation and presentation of exhibits or documents for the sole purpose of being placed in evidence before any administrative or judicial tribunal or hearing, provided that the testimony, exhibits, or documents do not imply that the person is a registered geologist under this chapter.

NEW SECTION. Sec. 9. This chapter shall be known and may be cited as "The Washington registration of geologists act."

NEW SECTION. Sec. 10. Sections 1 through 9 of this act shall constitute a new chapter in Title 18 RCW.

NEW SECTION. Sec. 11. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.

NEW SECTION. Sec. 12. The sum of seventy-five thousand dollars, or as much thereof as may be necessary, is appropriated for the biennium ending June 30, 1993, from the general fund to the department of licensing for the purposes of administering the registration of geologists act.