Department of State

Division of Professional Regulation

3600 Board of Registration of Geologists

ORDER

final

After due notice in the Register of Regulations and two Delaware newspapers, a public hearing was held on August 5, 2005 at a scheduled meeting of the Delaware Board of Geologists to receive comments regarding proposed amendments to Regulation 7.0. The proposed regulation clarifies that the ASBOG Fundamentals of Geology (FG) exam may be taken at any time after the applicant meets the educational requirements set forth in the statute. This regulation clarifies that the ASBOG Fundamentals of Geology (FG) exam and ASBOG Practice of Geology (PG) may be taken at separate times allowing the Fundamentals exam to be taken immediately after graduation if an applicant so desires.

The proposed regulation was originally published in the Register of Regulations, Vol. 8, Issue 10, on April 1, 2005. Notice of the rescheduled hearing on the proposed regulation was published in the Register of Regulations, Vol. 8, Issue 12, on June 1, 2005.

Summary of the Evidence and Information Submitted

No written comments were received. No members of the public attended the hearing.

Findings of Fact and Conclusions

1. The public was given notice and an opportunity to provide the Board with comments in writing and by testimony at the public hearing on the proposed amendments to the Board Regulation 7.0. The Board received no written or verbal comments on the proposed amendment.

2. The Board finds that the proposed amendments to the regulation are necessary to clarify that the ASBOG Fundamentals of Geology (FG) exam may be taken at any time after the applicant meets the educational requirements set forth in the statute. This regulation as amended clarifies that the ASBOG Fundamentals of Geology (FG) exam and ASBOG Practice of Geology (PG) may be taken at separate times allowing the Fundamentals exam to be taken immediately after graduation if an applicant so desires.

3. Pursuant to 24 Del.C. §3606 the Board has statutory authority to promulgate regulations clarifying specific statutory sections of its statute. The amendments to Regulation 7.0 clarify the provisions of 24 Del.C. §3608(a)(3) with regard to the examination required for licensure.

Decision and Effective Date

The Board hereby adopts the changes to Regulation 7.0 to be effective 10 days following publication of this order in the Register of Regulations.

Text and Citation

The text of the revised rules remains as published in Register of Regulations, Vol. 8, Issue 10, April 1, 2005, as attached hereto as Exhibit A.

SO ORDERED this 5th day of August, 2005.

STATE BOARD OF REGISTRATION OF GEOLOGISTS

William S. Schenck, President, Professional Member

Steven M. Smailer, Vice-President,

Professional Member

Erik Trinkle, Secretary, Professional Member

Mark Harvey, Public Member

Stephen Williams, Professional Member

Exhibit A

7.0 ASBOG Examination

7.1 An applicant for wishing to sit for any portion for the ASBOG examination and qualification required for a license as a Geologist shall make application in writing, on forms provided by the Board, and shall furnish evidence satisfactory to the Board that he/she has met the pre-examination requirements as provided for 24 Del.C. Ch. 36, §3608.

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.

7.1.2 An applicant wishing to sit for the ASBOG Practice of Geology (PG) must have acquired 5 years of professional work experience as defined in Rule 1.0 and must submit a full application for licensure to the Board for review. Approval to sit for the PG will be dependant upon the applicant providing sufficient evidence, satisfactory, to the Board that he/she meets the qualifications for licensure set forth in 24 Del.C. §3608.

7.2 An applicant for licensure must have satisfactorily passed each part of the ASBOG examination with a scaled score of not less than 70%.

7.3 An applicant’s approval to sit for either part of the ASBOG exam shall be valid for a period not to exceed two years.

* Please Note: As the rest of the sections were not amended they are not being published. A complete set of the rules and regulations for the Board of Registration of Geologists is available at:

http://dpr.delaware.gov/boards/geology/index.shtml