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Delaware General AssemblyDelaware RegulationsMonthly Register of RegulationsMarch 2016

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Regulatory Flexibility Act Form

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24 DE Admin. Code 3600
Pursuant to 24 Del.C. §3606(a)(1), the Board of Geologists has proposed revisions to its rules and regulations.
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 _______________________.
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.”
5.2.1 filing a renewal application prescribed by the Board and provided by the Division of Professional Regulation. Beginning in 2006, license renewal may be accomplished online at www.dpr.delaware.gov;
5.2.2 providing other information as may be required by the Board to ascertain the licensee’s good standing;
5.2.32 attesting on the renewal application to the completing of continuing education as required by Rule 6.0;
5.2.43 payment of fees as determined by the Division of Professional Regulation.
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 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 item 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.
6.12 The Board will require continuing education as a condition of license renewal.
6.12.1 Proof of continuing education is satisfied with an attestation by the licensee that he or she has satisfied the Requirement of Rule 6.0.
6.12.2 Renewal and aAttestation may shall be completed electronically if the renewal is accomplished online. In the alternative, paper renewal documents that contain the attestation of completion may be submitted.
6.12.3 Licensees selected for random audit will be required to supplement the attestation with attendance verification pursuant to Rule 6.34.
6.23 Licenses are renewed biennially (every two years on the even year) on September 30 (e.g. September 30, 2006, 2008). Continuing education (CE) reporting periods run concurrently with the biennial licensing period.
6.34 Each licensed geologist shall complete, biennially, 24 units of continuing education as a condition of license renewal. The licensee is responsible for retaining all certificates and documentation of participation in approved continuing education programs. Upon request, such documentation shall be made available to the Board for random post renewal audit and verification purposes. A continuing education unit is equivalent to one contact hour (60 minutes), subject to the Board’s review. The preparing of original lectures, seminars, or workshops in geology or related subjects shall be granted one (1) contact hour for preparation for each contact hour of presentation. Credit for preparation shall be given for the first presentation only.
6.45 A candidate for renewal may be granted an extension of time in which to complete continuing education hours upon a showing of hardship. “Hardship” may include, but is not limited to, disability; illness; extended absence from the jurisdiction; or exceptional family responsibilities. Requests for hardship consideration must be submitted to the Board in writing prior to the end of the licensing period for which it is made.
6.56 Continuing education shall be prorated for new licensees in the following manner:
6.56.1 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.
6.67 In his/her personal records, each licensee must keep proof of attendance for each activity for which the licensee is requesting credit. If the Board conducts an audit of a licensee’s CE records, the Board will require the licensee to complete a CE log provided by the Board and submit the licensee’s documentation of attendance to the CE event listed on the CE log. Failure to submit proof of attendance during an audit will result in loss of CE credit for that event.
6.78 Continuing education must be in a field related to Geology. Approval will be at the discretion of the Board. CEUs earned in excess of the required credits for the two- (2) year period may not be carried over to the next biennial period.
6.89 Categories of Continuing Education & Maximum Credit Allowed:
6.89.1 Courses/Workshops Geologic courses – 24 CEUs Total
6.89.2 Professional Activities Development in the Application of Practice of Geologic Sciences12 24 CEUs Total
Meetings – 12 CEUs (excluding job related meetings such as department meetings, supervision of students and business meetings within the work setting)
6.89.3 Peer Reviewed Publications– 12 CEUs Total
6.8.59.4 Research/Grants – 12 CEUs Total
6.8.69.5 Specialty Certifications – 12 CEUs Total
6.8.79.6 Online courses and Web seminars – 12 CEUs Total
6.8.89.7 Teaching/Presentations – 12 CEUs Total
6.8.99.8 Service on a Geological Professional Society, Geological Institution Board/Committee or Geological State Board – 6 CEUs Total
6.8.109.9 Regulatory Based Activities – 12 CEUs Total
6.8.119.10 For any of the above activities, when it is possible to claim credit in more than one category, the licensee may claim credit for the same time period in only one category.
6.910 Automatic Approval for course work sponsored by the following Professional Societies:
6.910.1 American Association of Petroleum Geologists (AAPG)
6.910.2 American Association of Stratigraphic Palynologists (AASP)
6.910.3 American Geosciences Institute (AGI)
6.910.4 American Geophysical Union (AGU)
6.910.5 American Institute of Hydrology (AIH)
6.910.6 American Institute of Professional Geologists (AIPG)
6.910.7 American Rock Mechanics Association (AMRA)
6.910.8 American Water Resources Association (AWRA)
6.910.9 Association for the Sciences of Limnology and Oceanography (ASLO)
6.910.10 Association of American Geographers (AAG)
6.910.11 Association of American State Geologists (AASG)
6.910.12 Association of Earth Science Editors (AESE)
6.910.13 Association of Environmental and Engineering Geologists (AEG)
6.910.14 Association of Ground Water Scientists & Engineers (AGWSE)
6.910.15 Association of Women Geoscientists (AWG)
6.910.16 Clay Mineral Society (CMS)
6.910.17 Council on Undergraduate Research-Geosciences Div. (CUR)
6.910.18 Environmental and Engineering Geophysical Society (EEGS)
6.910.19 Friends of Mineralogy (FOM)
6.910.20 Geochemical Society (GS)
6.910.21 Geo-Institute of the American Society of Civil Engineers (GI)
6.910.22 Geologic Society of America (GSA)
6.910.23 Geological Society of London (GSL)
6.910.24 Geoscience Information Society (GIS)
6.910.25 History of Earth Sciences Society (HESS)
6.910.26 International Medical Geology Association (IMGA)
6.910.27 International Association of Hydrogeologists/US National Committee (IAH)
6.910.28 Karst Waters Institute (KWI)
6.910.29 Mineralogical Society of America (MSA)
6.910.30 National Association of Black Geologists and Geophysicists (NABGG)
6.910.31 National Association of Geoscience Teachers (NAGT)
6.910.32 National Association of State Boards of Geology (ASBOG)
6.910.33 National Cave and Karst Research Institute (NCKRI)
6.910.34 National Earth Science Teachers Association (NESTA)
6.910.35 National Ground Water Association (NGWA)
6.910.36 National Speleological Society (NSS)
6.910.37 North American Commission on Stratigraphic Nomenclature (NACSN)
6.910.38 Paleobotanical Section of the Botanical Society of America (PSBSA)
6.910.39 Paleontological Research Institution (PRI)
6.910.40 Paleontological Society (PS)
6.910.41 Palynological Society (AASP)
6.910.42 Petroleum History Institute (PHI)
6.910.43 Seismological Society of America (SSA)
6.910.44 Society of Economic Geologists (SEG)
6.910.45 Society of Exploration Geophysicists (SEG)
6.910.46 Society of Independent Professional Earth Scientists (SIPES)
6.910.47 Society of Mineral Museum Professionals (SMMP)
6.910.48 Society for Mining, Metallurgy, and Exploration, Inc. (SME)
6.910.49 Society for Organic Petrology (TSOP)
6.910.50 Society for Sedimentary Geology (SEPM)
6.910.51 Society of Vertebrate Paleontology (SVP)
6.910.52 Soil Science Society of America (SSSA)
6.910.53 United States Permafrost Association (USPA)
6.910.54 Other professional or educational organizations as approved periodically by the Board.
6.101 Courses not pre-approved by the Board may be submitted for review and approval throughout the biennial licensing period.
Note: Since regulation 6.910 provides the list of sponsors that are automatically approved by the Board for any course work used for Continuing Education units (CEU) towards the total of 24 CEUs in the biennial license period, please note that regulation 6.101, allowing for pre-approval of courses for CEUs, only pertains to courses NOT offered by a sponsor listed in the list provided in regulation 6.910. Furthermore, one CEU = one Contact Hour.
6.112 Audit. Each biennium, the Division of Professional Regulation shall select from the list of potential renewal licensees a percentage, determined by the Board, which shall be selected by random method. The Board may also audit based on complaints or charges against an individual license, relative to compliance with continuing education requirements or based on a finding of past non-compliance during prior audits.
6.123 Documentation and Audit by the Board. When a licensee whose name or number appears on the audit list applies for renewal, the Board shall obtain documentation from the licensee showing detailed accounting of the various CEU's claimed by the licensee. Licensees selected for random audit are required to supplement the attestation with attendance verification.The Board shall attempt to verify the CEUs shown on the documentation provided by the licensee. The Board shall then review the documentation and verification. Upon completion of the review, the Board shall decide whether the licensee's CEU's meet the requirements of these rules and regulations. The licensee shall sign and seal all verification documentation with a Board approved seal.
6.134 Board Review. The Board shall review all documentation requested of any licensee shown on the audit list. If the Board determines the licensee has met the requirements, the licensee's license shall remain in effect. If the Board initially determines the licensee has not met the requirements, the licensee shall be notified and a hearing may be held pursuant to the Administrative Procedures Act. This hearing will be conducted to determine if there are any extenuating circumstances justifying the apparent noncompliance with these requirements. Unjustified noncompliance of these regulations shall be considered misconduct in the practice of geology, pursuant to 24 Del.C. §3612(a)(7). The minimum penalty for unjustified noncompliance shall be a letter of reprimand and a $250.00 monetary penalty; however, the Board may impose any of the additional penalties specified in 24 Del.C. §3612.
6.145 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 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.
6.156 Appeal. Any licensee denied renewal pursuant to these rules and regulations may contest such ruling by filing an appeal of the Board's final order pursuant to the Administrative Procedures Act.
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.
9.1.17 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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