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Delaware General AssemblyDelaware RegulationsMonthly Register of RegulationsApril 2017

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24 DE Admin. Code 3600
After due notice in the Delaware Register of Regulations and two Delaware newspapers, a public hearing was held on February 10, 2017 at a scheduled meeting of the Delaware Board of Geologists ("Board") to receive comments regarding the Board's proposed revisions to its rules and regulations.
The proposed changes to the rules and regulations were published in the Register of Regulations, Volume 20, Issue 7, on January 1, 2017. Notice of the February 10, 2017 hearing was published in the News Journal (Exhibit 1) and the Delaware State News. Exhibit 2. Pursuant to 29 Del.C. §10118(a), the date to receive final written comments was February 25, 2017, 15 days following the public hearing. The Board deliberated on the proposed revisions at its regularly scheduled meeting on March 10, 2017.
Board Exhibit 1: News Journal Affidavit of Publication.
Board Exhibit 2: Delaware State News Affidavit of Publication.
Pursuant to 24 Del.C. §3606(a)(1), the Board has the statutory authority to promulgate rules and regulations.
IT IS SO ORDERED this 10th day of March 2017 by the Delaware 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.
3.1 No later than September 30, 2018, pursuant to 24 Del.C. §3619, each licensed geologist shall procure a seal, which shall contain the name of the geologist, his/her license number and the phrase “STATE OF DELAWARE - LICENSED PROFESSIONAL GEOLOGIST.” This seal shall comply in all respects with the specimen shown below.
3.3 All technical submissions prepared by a licensed geologist, or under that geologist’s direct supervision, and that will become a matter of public record, or relied upon by any person, within this state as the result of the practice of geology as defined in 24 Del.C. §3602(5), shall be affixed with that geologist’s seal. No licensed geologist shall affix that geologist’s seal on any technical submission unless it has been prepared under that geologist’s direct supervision. The seal will indicate that the licensed geologist has accepted responsibility for the submission and the work performed.
This submission is made in compliance with 24 Del.C., Ch. 36 by [Name ], P.G., DE license number [License Number] on this date [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.”
5.3 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 subsections 5.2.1 - 5.2.3 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.
5.4 Failure of a licensee to renew his/her lapsed license within the three (3) month period in subsection 5.3 above shall cause his/her license to terminate.
5.4.1 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 did not practice geology in Delaware after the license expiration date.
5.4.2 Reapplication for terminated licenses shall be audited for satisfactory completion of 24 CEUs completed within 24 months prior to reapplication and will automatically be audited.
5.4.3 No geologist shall practice geology in the State of Delaware during the period of time that his/her Delaware license has 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.
6.6.1 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.
6.9.6 Online courses and Web seminars – 12 CEUs Total
6.10.7 American Rock Mechanics Association (AMRA)
6.10.8 American Water Resources Association (AWRA)
6.10.9 Association for the Sciences of Limnology and Oceanography (ASLO)
6.10.10 Association of American Geographers (AAG)
6.10.18 Environmental and Engineering Geophysical Society (EEGS)
6.10.19 Friends of Mineralogy (FOM)
6.10.20 Geochemical Society (GS)
6.10.21 Geo-Institute of the American Society of Civil Engineers (GI)
6.10.23 Geological Society of London (GSL)
6.10.25 History of Earth Sciences Society (HESS)
6.10.26 International Medical Geology Association (IMGA)
6.10.28 Karst Waters Institute (KWI)
6.10.33 National Cave and Karst Research Institute (NCKRI)
6.10.35 National Ground Water Association (NGWA)
6.10.37 North American Commission on Stratigraphic Nomenclature (NACSN)
6.10.38 Paleobotanical Section of the Botanical Society of America (PSBSA)
6.10.41 Palynological Society (AASP)
6.10.423 Petroleum History Institute (PHI)
6.10.434 Seismological Society of America (SSA)
6.10.445 Society of Economic Geologists (SEG)
6.10.456 Society of Exploration Geophysicists (SEG)
6.10.467 Society of Independent Professional Earth Scientists (SIPES)
6.10.478 Society of Mineral Museum Professionals (SMMP)
6.10.489 Society for Mining, Metallurgy, and Exploration, Inc. (SME)
6.10.4950 Society for Organic Petrology (TSOP)
6.10.501 Society for Sedimentary Geology (SEPM)
6.10.512 Society of Vertebrate Paleontology (SVP)
6.10.523 Soil Science Society of America (SSSA)
6.10.534 United States Permafrost Association (USPA)
6.10.54 Other professional or educational organizations as approved periodically 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 FG Exam 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.
9.1.17 Identity theft. 11 Del.C. §854.
9.1.18 Forgery; felony. 11 Del.C. §861.
9.1.30 Bribery. 11 Del.C. §1201.
9.1.34 Profiteering. 11 Del.C. §1212.
9.1.41 Bribing a juror. 11 Del.C. §1264.
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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