H.B. 96

1

LICENSURE OF GEOLOGISTS
2 2002 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: Ralph Becker
5 This act modifies the Occupations and Professions Code by enacting the Professional
6 Geologist Licensing Act. The act requires the licensure of individuals practicing geology
7 before the public and defines the practice of geology before the public. The act creates the
8 Professional Geologist Licensing Board and sets forth its membership and duties. The act
9 sets forth the qualifications for licensure. The act defines unlawful and unprofessional
10 conduct. The act creates an education and enforcement fund and provides for citation
11 authority and administrative penalties. The act provides for exemptions from licensure. The
12 act provides for the use of seals by professional geologists and delineates the circumstances
13 under which they are to be used.
14 This act affects sections of Utah Code Annotated 1953 as follows:
15 ENACTS:
16 58-77-101, Utah Code Annotated 1953
17 58-77-102, Utah Code Annotated 1953
18 58-77-103, Utah Code Annotated 1953
19 58-77-201, Utah Code Annotated 1953
20 58-77-301, Utah Code Annotated 1953
21 58-77-302, Utah Code Annotated 1953
22 58-77-303, Utah Code Annotated 1953
23 58-77-304, Utah Code Annotated 1953
24 58-77-401, Utah Code Annotated 1953
25 58-77-501, Utah Code Annotated 1953
26 58-77-502, Utah Code Annotated 1953
27 58-77-601, Utah Code Annotated 1953

28 58-77-602, Utah Code Annotated 1953
29 58-77-603, Utah Code Annotated 1953
30 Be it enacted by the Legislature of the state of Utah:
31 Section 1. Section 58-77-101 is enacted to read:
32 CHAPTER 1. PROFESSIONAL GEOLOGIST LICENSING ACT
33 Part 1. General Provisions
34 58-77-101. Title.
35 This chapter is known as the "Professional Geologist Licensing Act."
36 Section 2. Section 58-77-102 is enacted to read:
37 58-77-102. Definitions.
38 In addition to the definitions in Section 58-1-102 , as used in this chapter:
39 (1) "Board" means the Professional Geologist Licensing Board created in Section
40 58-77-201 .
41 (2) "Geology" means the science, which treats the study of the earth in general, the earth's
42 processes and history, investigation of the earth's crust and the rocks and other materials of which
43 it is composed, and the applied science of utilizing knowledge of the earth's history, processes,
44 constituent rocks, minerals, liquids, gases, and other materials for the use of mankind.
45 (3) "Practice of geology before the public" means the performance of geology including
46 but not limited to consultation, investigation, evaluation, planning, geologic mapping,
47 interpretation of geologic data, preparation of geologic reports, geologic cross-sections and
48 geologic maps, inspection of geological work, and the responsible supervision thereof, the
49 performance of which is relevant to public welfare or the safeguarding of life, health, property, and
50 the environment, except as otherwise specifically provided by this chapter.
51 (4) "Professional geologist" means a person licensed under this chapter to engage in the
52 practice of geology before the public.
53 (5) "Responsible charge" means the independent control and direction by use of initiative,
54 skill, and independent judgment of geological work or the supervision of the work.
55 (6) "Subordinate" means any individual who practices geology or assists a professional
56 geologist in the practice of geology before the public without assuming the responsible charge for
57 the work.
58 (7) "Unlawful conduct" is as defined in Sections 58-1-501 and 58-77-501 .

59 (8) "Unprofessional conduct" is as defined in Section 58-1-501 and as may be further
60 defined by rule by the division in collaboration with the board.
61 Section 3. Section 58-77-103 is enacted to read:
62 58-77-103. Education and enforcement fund.
63 (1) There is created within the General Fund a restricted account known as the
64 "Professional Geologist Education and Enforcement Fund."
65 (2) The account shall be nonlapsing and consist of monies from:
66 (a) a surcharge fee established by the department in accordance with Section 63-38-3.2 ,
67 placed on initial, renewal, and reinstatement licensure fees under this chapter not to exceed 50%
68 of the respective initial, renewal, or reinstatement licensure fee;
69 (b) administrative penalties collected pursuant to this chapter; and
70 (c) interest earned on monies in the account.
71 (3) Monies in the account may be appropriated by the Legislature for the following
72 purposes:
73 (a) education and training of licensees under this chapter;
74 (b) education and training of the public or other interested persons in matters concerning
75 geology laws and practices;
76 (c) enforcement of this chapter by:
77 (i) investigating unprofessional or unlawful conduct;
78 (ii) providing legal representation to the division when legal action is taken against a
79 person engaging in unprofessional or unlawful conduct; and
80 (iii) monitoring compliance of renewal requirements; and
81 (d) education and training of board members.
82 Section 4. Section 58-77-201 is enacted to read:
83 Part 2. Board
84 58-77-201. Board.
85 (1) There is created the Professional Geologist Licensing Board consisting of five
86 members as follows:
87 (a) three professional geologists;
88 (b) the Utah state geologist; and
89 (c) one member representing the general public.

90 (2) Except for the Utah state geologist, the board shall be appointed and serve in
91 accordance with Section 58-1-201 .
92 (3) The duties and responsibilities of the board are in accordance with Sections 58-1-202
93 and 58-1-203 , and the board shall also:
94 (a) designate one of its members on a permanent or rotating basis to assist the division in
95 reviewing complaints concerning the unlawful or unprofessional conduct of professional
96 geologists; and
97 (b) advise the division in its investigation of these complaints.
98 (4) A board member who has, under Subsection (3), reviewed a complaint or advised in
99 its investigation may be disqualified from participating with the board when the board serves as
100 a presiding officer in an adjudicative proceeding concerning the complaint.
101 Section 5. Section 58-77-301 is enacted to read:
102 Part 3. Licensing
103 58-77-301. License required -- License classification.
104 (1) After January 1, 2003, a license is required to engage in the practice of geology before
105 the public except as specifically provided in Sections 58-1-307 and 58-77-304 .
106 (2) The division shall issue to a person who qualifies under the provisions of this chapter
107 a license in the classification of professional geologist.
108 Section 6. Section 58-77-302 is enacted to read:
109 58-77-302. Qualifications for licensure.
110 Each applicant for licensure as a professional geologist shall:
111 (1) submit an application in a form as prescribed by the division;
112 (2) pay a fee as determined by the department under Section 63-38-3.2 ;
113 (3) be of good moral character;
114 (4) provide satisfactory evidence of:
115 (a) a bachelors or graduate degree in the geosciences granted through an institution of
116 higher education that is accredited by a regional or national accrediting agency with a minimum
117 of 30 semester or 45 quarter hours of course work in the geosciences; or
118 (b) completion of other equivalent educational requirements as determined by the division
119 in collaboration with the board;
120 (5) provide satisfactory evidence of:

121 (a) with a bachelors degree, a specific record of five years of active professional practice
122 in geological work of a character satisfactory to the division, indicating the applicant is competent
123 to be placed in a responsible charge of the work;
124 (b) with a masters degree, a specific record of three years of active professional practice
125 in geological work of a character satisfactory to the division, indicating the applicant is competent
126 to be placed in a responsible charge of the work; or
127 (c) with a doctorate degree, a specific record of one year of active professional practice in
128 geological work of a character satisfactory to the division, indicating the applicant is competent
129 to be placed in a responsible charge of the work; and
130 (6) after January 1, 2004, meet the examination requirement established by rule by the
131 division in collaboration with the board.
132 Section 7. Section 58-77-303 is enacted to read:
133 58-77-303. Term of license -- Expiration -- Renewal.
134 (1) (a) Each license issued under this chapter shall be issued in accordance with a two-year
135 renewal cycle established by rule.
136 (b) A renewal period may be extended or shortened by as much as one year to maintain
137 established renewal cycles or to change an established renewal cycle.
138 (2) Each license automatically expires on the expiration date shown on the license unless
139 renewed by the licensee in accordance with Section 58-1-308 .
140 Section 8. Section 58-77-304 is enacted to read:
141 58-77-304. Exemption from licensure.
142 In addition to the exemptions from licensure in Section 58-1-307 , the following may
143 engage in the practice of geology, subject to the stated circumstances and limitations, without
144 being licensed under this chapter if they do not use the title of professional geologist or are not
145 directly represented or held out to the public to be legally qualified to engage in the practice of
146 geology before the public in this state:
147 (1) an employee or subordinate of a professional geologist licensed under this chapter, or
148 any employee of an individual exempted from licensure under this Subsection (1) or Subsection
149 (2), provided that the employee's or subordinate's practice does not include responsible charge;
150 (2) qualified engineers and land surveyors, licensed under Title 58, Chapter 22,
151 Professional Engineers and Professional Land Surveyors Licensing Act, who do not intentionally

152 represent themselves to be professional geologists;
153 (3) an individual, individual practitioner, or regular full-time employee of a firm,
154 partnership, association, corporation, or other business entity engaged in the exploration for and
155 development of coal, uranium, oil, natural gas, geothermal or other energy resources, precious and
156 nonprecious metals and minerals, and industrial and other minerals, including sand, gravel, and
157 aggregate if the geological work is performed solely for internal use within the company and is not
158 offered directly to the public;
159 (4) an individual engaged in teaching or research in the physical or natural sciences who
160 is not otherwise engaged in practicing geology before the public;
161 (5) an individual providing agricultural or agronomic soils analyses, sampling, or
162 laboratory testing; and
163 (6) an employee of a communications, utility, railroad, mining, petroleum, or
164 manufacturing company, or an affiliate of such a company, if the geological work is performed
165 solely for internal use within the company and is not offered directly to the public.
166 Section 9. Section 58-77-401 is enacted to read:
167 Part 4. License Denial and Discipline
168 58-77-401. Grounds for denial of license -- Disciplinary proceedings.
169 Division grounds for refusal to issue a license to an applicant, for refusal to renew the
170 license of a licensee, to revoke, suspend, restrict, or place on probation the license of a licensee,
171 to issue a public or private reprimand to a licensee, and to issue cease and desist orders are in
172 accordance with Section 58-1-401 .
173 Section 10. Section 58-77-501 is enacted to read:
174 Part 5. Unlawful and Unprofessional Conduct
175 58-77-501. Unlawful conduct.
176 In addition to the definition in Subsection 58-1-501 (1), "unlawful conduct" includes:
177 (1) using the title "Professional Geologist" or any other words, letters, abbreviations, or
178 designations, which represent recognized professional geological disciplines indicating that the
179 person using them is a professional geologist, unless the person holds a valid license issued under
180 this chapter; or
181 (2) as a corporation, proprietorship, partnership, or limited liability company, engaging in
182 or representing that the entity is engaging in the practice of geology before the public, unless at

183 least one individual employee of the entity holds a valid license issued under this chapter.
184 Section 11. Section 58-77-502 is enacted to read:
185 58-77-502. Penalty for unlawful conduct.
186 (1) (a) If, upon inspection or investigation, the division concludes that a person has
187 violated Section 58-77-501 or any rule or order issued with respect to Section 58-77-501 , and that
188 disciplinary action is appropriate, the director or his or her designee from within the division shall
189 promptly issue a citation to the person according to this chapter and any pertinent rules, attempt
190 to negotiate a stipulated settlement, or notify the person to appear before an adjudicative
191 proceeding conducted under Title 63, Chapter 46b, Administrative Procedures Act.
192 (i) A person who violates Subsections 58-1-501 (1)(a) through (d) or Section 58-77-501
193 or any rule or order issued with respect to Section 58-77-501 , as evidenced by an uncontested
194 citation, a stipulated settlement, or by a finding of violation in an adjudicative proceeding, may be
195 assessed a fine pursuant to this Subsection (1) and may, in addition to or in lieu of, be ordered to
196 cease and desist from violating Subsections 58-1-501 (1)(a) through (d) or Section 58-77-501 or
197 any rule or order issued with respect to this section.
198 (ii) Except for a cease and desist order, the licensure sanctions cited in Section 58-77-401
199 may not be assessed through a citation.
200 (b) A citation shall:
201 (i) be in writing;
202 (ii) describe with particularity the nature of the violation, including a reference to the
203 provision of the chapter, rule, or order alleged to have been violated;
204 (iii) clearly state that the recipient must notify the division in writing within 20 calendar
205 days of service of the citation if the recipient wishes to contest the citation at a hearing conducted
206 under Title 63, Chapter 46b, Administrative Procedures Act; and
207 (iv) clearly explain the consequences of failure to timely contest the citation or to make
208 payment of any fines assessed by the citation within the time specified in the citation.
209 (c) The division may issue a notice in lieu of a citation.
210 (d) Each citation issued under this section, or a copy of each citation, may be served upon
211 any person whom a summons may be served in accordance with the Utah Rules of Civil Procedure
212 and may be made personally or upon his agent by a division investigator or by any person specially
213 designated by the director or by mail.

214 (e) If within 20 calendar days from the service of the citation, the person to whom the
215 citation was issued fails to request a hearing to contest the citation, the citation becomes the final
216 order of the division and is not subject to further agency review. The period to contest a citation
217 may be extended by the division for cause.
218 (f) The division may refuse to issue or renew, suspend, revoke, or place on probation the
219 license of a licensee who fails to comply with a citation after it becomes final.
220 (g) The failure of an applicant for licensure to comply with a citation after it becomes final
221 is a ground for denial of license.
222 (h) No citation may be issued under this section after the expiration of six months
223 following the occurrence of any violation.
224 (i) The director or his designee shall assess fines according to the following:
225 (i) for a first offense handled pursuant to Subsection (1)(a), a fine of up to $1,000;
226 (ii) for a second offense handled pursuant to Subsection (1)(a), a fine of up to $2,000; and
227 (iii) for any subsequent offense handled pursuant to Subsection (1)(a), a fine of up to
228 $2,000 for each day of continued offense.
229 (2) An action initiated for a first or second offense which has not yet resulted in a final
230 order of the division shall not preclude initiation of any subsequent action for a second or
231 subsequent offense during the pendency of any preceding action. The final order on a subsequent
232 action shall be considered a second or subsequent offense, respectively, provided the preceding
233 action resulted in a first or second offense, respectively.
234 (3) Any penalty which is not paid may be collected by the director by either referring the
235 matter to a collection agency or bringing an action in the district court of the county in which the
236 person against whom the penalty is imposed resides or in the county where the office of the
237 director is located. Any county attorney or the attorney general of the state shall provide legal
238 assistance and advice to the director in any action to collect the penalty. In any action brought to
239 enforce the provisions of this section, reasonable attorney's fees and costs shall be awarded to the
240 division.
241 Section 12. Section 58-77-601 is enacted to read:
242 Part 6. Practice Standards
243 58-77-601. Seal -- Design and implementation.
244 Every professional geologist shall have a seal, the design and implementation of which

245 shall be established by rule by the division in collaboration with the board.
246 Section 13. Section 58-77-602 is enacted to read:
247 58-77-602. Geologic maps, cross-sections, reports, and documents to be sealed.
248 (1) Any final geologic map, cross-section, or report prepared in this state shall bear the seal
249 of a professional geologist licensed under this chapter, except as provided in Section 58-77-304 .
250 (2) Any final geologic map, cross-section, sketch, drawing, plan, or report prepared by, or
251 under the supervision of, a professional geologist shall bear the seal of the professional geologist
252 when submitted to a client or when filed with public authorities, even if the practice is exempt
253 from licensure under Section 58-77-304 .
254 Section 14. Section 58-77-603 is enacted to read:
255 58-77-603. Seal -- Authorized use.
256 A professional geologist may only affix the licensee's seal to a geologic map, cross-section,
257 sketch, drawing, plan, or report if the geologic map, cross-section, sketch, drawing, plan, or report:
258 (1) was personally prepared by the licensee;
259 (2) was prepared by an employee, subordinate, associate, or drafter under the supervision
260 of a licensee, provided the licensee or a principal affixing his seal assumes responsibility;
261 (3) was prepared by a licensed professional geologist in this state or any other state
262 provided:
263 (a) the licensee in this state affixing the seal performs a thorough review of all work for
264 compliance with all applicable laws and rules and the standards of the profession; and
265 (b) makes any necessary corrections before submitting the final plan, specification, or
266 report:
267 (i) to a public authority; or
268 (ii) to a client who has contracted with a professional geologist for the geologic map,
269 cross-section, or report to be complete and final;
270 (4) was prepared in part by a licensed professional geologist in this state or any other state
271 provided:
272 (a) the licensee in this state clearly identifies that portion of the geologic map,
273 cross-section, or report for which the licensee is responsible;
274 (b) the licensee in this state affixing the seal performs a thorough review of that portion
275 of the geologic map, cross-section, or report for which the licensee is responsible for compliance

276 with the standards of the profession; and
277 (c) makes any necessary corrections before submitting the final geologic map,
278 cross-section, or report for which the licensee is responsible:
279 (i) to a public authority; or
280 (ii) to a client who has contracted with a professional geologist for the geologic map,
281 cross-section, or report to be complete and final;
282 (5) was prepared by a person exempt from licensure as a professional geologist provided
283 that:
284 (a) the licensee in this state affixing the seal performs a thorough review for compliance
285 with all applicable laws and rules and the standards of the profession; and
286 (b) makes any necessary corrections before submitting the final geologic map,
287 cross-section, or report:
288 (i) to a public authority; or
289 (ii) to a client who has contracted with a professional geologist for the geologic map,
290 cross-section, or report to be complete and final; or
291 (6) meets any additional requirements established by rule by the division in collaboration
292 with the board.




Legislative Review Note
as of 12-28-01 11:00 AM

A limited legal review of this legislation raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel