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Delaware General AssemblyDelaware RegulationsMonthly Register of RegulationsApril 2014

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24 DE Admin. Code 3600
On November 1, 2013, the Delaware Board of Geologists published proposed changes to its regulations in the Delaware Register of Regulations, Volume 16, Issue 4. This notice further indicated that written comments would be accepted by the Board for thirty days, a public hearing would be held, and written comments would be accepted for fifteen days thereafter. After due notice in the Register of Regulations and two Delaware newspapers, a public hearing was held on December 13, 2013 at a regularly scheduled meeting of the Delaware Board of Geologists to receive verbal comments regarding the Board's proposed amendments to its regulations.
Board Exhibit 1 -Affidavit of publication of the public hearing notice in the News Journal; and
Board Exhibit 2 - Affidavit of publication of the public hearing notice in the Delaware State News.
3. Pursuant to 24 Del.C. §3606(a)(1), the Board has statutory authority to promulgate rules and regulations clarifying specific statutory sections of its statute.
IT IS SO ORDERED this 14th day of March, 2014.
BY THE BOARD OF GEOLOGISTS
Board” shall mean the State Board of Geologists established in 24 Del. C. §3603.
“Continuing Education Unit” shall mean one contact hour (60 minutes), subject to the Board’s review.
“Five Years of Experience” shall mean:
Experience acquired in geological work as described in the 24 Del.C. §3602 (5) and (6) and after completion of academic requirements as stated in §3608(a)(1). The Board may discount experience obtained more than ten (10) years prior to the submission of an application. Part-time experience will be granted proportional to full-time credit. Three (3) of the five (5) years of experience must be in a position of responsible charge as defined below.
“Geologist” shall mean a person who is qualified to practice professional geology including specialists in its various subdisciplines.
“Practice of Geology” shall mean any service or creative work, the adequate performance of which requires geologic education, training and experience in the application of the principles, theories, laws and body of knowledge encompassed in the science of geology. This may take the form of, but is not limited to, consultation, research, investigation, evaluation, mapping, sampling, planning of geologic projects and embracing such geological services or work in connection with any public or private utilities, structures, roads, buildings, processes, works or projects. A person shall be construed to practice geology, who by verbal claim, sign, advertisement or in any other way represents himself or herself to be a geologist, or who holds him/herself out as able to perform or who does perform geologic services or work.
“Responsible Charge” shall mean the individual control and direction, by the use of initiative, skill and individual judgment, of the practice of geology.
This submission is made in compliance with 24 Del.C., Ch. 36 by (name)___________, P.G., DE license number ____ on this date _______________________.
4.1 Any person who claims exemption from the provisions of 24 Del.C. §3617(a), shall be entitled to such exemption so long as his/her remuneration from the practice of geology is solely related to a teaching function. If such remuneration is processed through his/her academic unit, it shall be considered prima facie evidence of the fact that such work is related to his/her teaching. Any person claiming such exemption shall, in a conspicuous manner at the conclusion of any report or study bearing his/ her name, include the statement:
“I hereby claim exemption from the requirements of 24 Del.C. Ch. 36 (Delaware Professional Geologist Act) and am not subject to the provisions of that Act and the standards and regulations adopted pursuant thereto.”
5.1 Each license shall be renewed biennially. The failure of the Board to notify a licensee of his/her license expiration date and subsequent renewals does not, in any way, relieve the licensee of the requirement to renew his/her certificate pursuant to the Board’s regulations and 24 Del.C. Ch. 36.
5.3 Failure of a licensee to renew his/her license shall cause his/her license to lapse. A geologist whose license has lapsed may renew his/her license within three (3) months after the license expiration date upon fulfilling items 5.2.1 - 5.2.4 above, after providing a notarized letter certifying that he/she has not practiced geology in Delaware while his/her license has been lapsed, and paying the renewal fee and a late fee which shall be 50% of the renewal fee as determined by the Division of Professional Regulation.
5.3.1 Late or l Lapsed license renewals shall be audited for satisfactory completion of the continuing education requirements.
5.4 Failure of a licensee to renew his/her lapsed license within the three (3) month period in item 5.3 above shall cause his/her license to expire terminate.
5.4.1 A geologist whose license has expired terminated may re-apply under the same conditions that govern applicants for new licensure under 24 Del.C. Ch. 36, and must provide a notarized letter certifying that he/she has not practiced did not practice geology in Delaware while his/her license has been expired after the license expiration date.
5.4.2 Reapplication for expired terminated licenses shall be audited for satisfactory completion of the continuing education requirements described below: 24 CEUs completed within 24 months prior to reapplication and will automatically be audited.
5.5 5.4.3 No geologist shall practice geology in the State of Delaware during the period of time that his/her Delaware license has expired terminated.
5.5.3 A geologist whose license has terminated may re-apply under the same conditions that govern applicants for new licensure under 24 Del.C. Ch. 36, and must provide a notarized letter certifying that he/she has not practiced geology in Delaware while his/her license has been inactive.
6.5.1 If at the time of renewal, a licensee has been licensed for less than one (1) year, no continuing education is required; if he/she has been licensed for more than one (1) year, but less than two (2) years, twelve (12) of the twenty-four (24) hours will be required; if he/she has been licensed for two (2) years or more the full twenty-four (24) hours is required.
6.8.7 Online courses and Web seminars – 12 CEUs Total
6.14 Noncompliance - Extenuating Circumstances. A licensee applying for renewal may request an extension and be given up to an additional twelve (12) months to make up all outstanding required CEUs providing he/she can show good cause why he/she was unable to comply with such requirements at the same time he/she applies for renewal. The licensee must state the reason for such extension along with whatever documentation he/she feels is relevant. The Board shall consider requests such as extensive travel outside the United States, military service, extended illness of the licensee or his/her immediate family, or a death in the immediate family of the licensee. The written request for extension must accompany the renewal application. The written request for hardship consideration must be submitted to the Board in writing prior to the end of the licensing period for which it is made. The Board shall issue an extension when it determines that one or more of these criteria have been met or if circumstances beyond the control of the licensee have rendered it impossible for the licensee to obtain the required CEUs. A licensee who has successfully applied for an extension under this paragraph shall make up all outstanding hours of continuing education within the extension period approved by the Board.
7.1.1 An applicant wishing to sit for the ASBOG Fundamentals of Geology (FG) Exam may do so provided they meet the minimum educational requirements set forth in 24 Del.C. §3608(a)(1). To apply, the applicant must fill out the request to sit for the fundamentals application and submit their transcripts [to date] to the Board for approval. Once taken, the applicants score will be held on file indefinitely by ASBOG.
9.1.7 Manslaughter. 11 Del.C. §632.
9.1.30 Bribery. 11 Del.C. §1201.
9.1.34 Profiteering. 11 Del.C. §1212.
9.1.52 Victim or witness intimidation. 11 Del.C. §§3532 & 3533.
10.1.8 A geologist shall not use the provisions of 24 Del.C., Ch. 36 or the Board's regulations to maliciously prosecute, harass or otherwise burden another geologist with unfounded or false charges.
Last Updated: December 31 1969 19:00:00.
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