7.__Practice of geology. "Practice of geology" means the performance of geological work or service for the public, including, but not limited to, consultation, investigation, surveys, evaluation, planning, mapping or inspection of geological work, in which the performance is related to the public welfare or the safeguarding of life, health, property and the environment.

8.__Practice of soil science. "Practice of soil science" means any professional service that requires the application of pedological principles and data.__That professional service includes identification and mapping of soils according to the standards of the National Cooperative Soil Survey, or its successor entity, consultation or evaluation.

9.__Qualified soil scientist. "Qualified soil scientist" means a person who, by reason of that person's knowledge of pedology and the biological and physical sciences, acquired by professional education and practical experience, is qualified to engage in the practice of soil science.

10.__Qualified geologist. "Qualified geologist" means a person who possesses the qualifications specified for certification, except that that person is not certified.

11.__Responsible charge of work. "Responsible charge of work" means the independent control and direction, by the use of initiative, skill and independent judgment, of work or the supervision of that work.

12.__Subordinate. "Subordinate" means any person who assists a certified geologist or certified soil scientist without assuming the responsible charge of work.

§544-F. Effect of law; organization

1.__Prohibition against practice of geology or soil science without certification.__A person may not practice or offer to practice geology or soil science in the State without certification in accordance with this subchapter, unless specifically exempted from the certification requirement by this subchapter.

2.__Effect. This subchapter may not be construed to affect or prevent the practice of any other legally recognized profession.

3.__Corporations, partnerships, associations and government agencies.__This subchapter does not prohibit one or more geologists or soil scientists from practicing through the medium of a sole proprietorship, partnership, corporation or government agency.__In such a partnership or corporation whose primary activity consists of geological services, or in a government agency in which geological work is done, at least one partner, officer or employee must be a certified geologist.__In such a partnership or corporation whose primary activity consists of soil science services, or in a government agency in which soil science work is done, at least one partner, officer or employee must be a certified soil scientist.__In the case of an agency of State Government, the Department of Administrative and Financial Services, Bureau of Human Resources shall classify officers and employees under the Civil Service Law in a manner that ensures that at least one certified geologist or certified soil scientist works for each agency in which geological or soil science work is done and that any officer or employee who is engaged in the practice of geology or soil science and who is uncertified works as a subordinate to a certified geologist or certified soil scientist and does not have responsible charge of work or evaluation.

§544-G. Exemptions

The following persons are exempt from the certification requirement imposed by this subchapter:

1.__Nonresident practicing less than 30 days.__A person not a resident of and having no established place of business in this State, practicing or offering to practice the profession of geologist or soil scientist when that practice does not exceed in the aggregate more than 30 days in any calendar year, provided that the person is legally qualified by registration to practice the profession in that person's own state or country in which the requirements and qualifications for obtaining a certificate of registration are equivalent to those specified in this subchapter;

2.__Nonresident becoming resident or person practicing more than 30 days.__A person not a resident of and having no established place of business in this State, or who has recently become a resident of this State, practicing or offering to practice for more than 30 days in any calendar year the profession of geologist or soil scientist, if the person has filed with the board an application for certification and has paid the fee required by this subchapter.__The exemption continues only for such time as the board requires for the consideration of the application for registration, provided that such a person is legally qualified to practice that profession in that person's own state or country in which the requirements and qualifications for obtaining a certificate of registration are equivalent to those specified in this subchapter;

3.__Certain employees.__An employee, associate or subordinate of a person holding a certificate of registration under this subchapter, or an employee of a person exempted from certification by subsection 1 or 2, provided that the work of the employee, associate or subordinate does not include responsible charge of work or evaluation; and

4.__Federal Government employees.__An officer or employee of the Federal Government while engaged within this State in the practice of the profession of geologist or soil scientist for the Federal Government.

§544-H. Subsurface sewage disposal

A person who is licensed by the Department of Professional and Financial Regulation pursuant to Title 22, section 42, subsection 3-A to evaluate soil for subsurface sewage disposal is exempt from the certification requirement of this subchapter if the person's soil evaluation work relates solely to subsurface sewage disposal systems.

§544-I. Board

The State Board of Certification for Geologists and Soil Scientists as established by Title 5, section 12004-I, subsection 19 administers this subchapter and its office is within the Bureau of Geology and Natural Areas.__The board consists of 7 members, 5 of whom are appointed by the Governor from the following categories: one academic geologist; one independent consultant or salaried geologist; one independent consultant or salaried soil scientist; one other soil scientist; and a representative of the public. The 6th and 7th members must be the State Soil Scientist with the State Soil and Water Conservation Commission, ex officio, and the State Geologist or the State Geologist's designee, who must be a geologist employed in State

Government, ex officio.__A person, except the representative of the public, may not be eligible for appointment to the board unless certified under this subchapter.

1.__Qualifications. Each member of the board must be a citizen of the United States and a resident of this State for at least 5 years immediately preceding the member's appointment.

2.__Term.__Appointments are for 5-year terms.__Appointments of members must comply with Title 32, section 60.__A board member may be removed for cause by the Governor.

3.__Meetings.__The board shall meet at least once a year to conduct its business and to elect its officers.__Additional meetings may be held as necessary to conduct the business of the board and be convened at the call of the chair or a majority of the board members.__The board shall, every 2 years, elect a chair who is a member of the board.__A chair may not serve more than 2 consecutive terms.

Four members constitute a quorum.

The board shall keep records and minutes that are necessary to the ordinary dispatch of its functions.

4.__Hearings.__Hearings may be conducted by the board to assist with investigations, to determine whether grounds exist for suspension, revocation or denial of a certification or as otherwise necessary to the fulfillment of its responsibilities under this subchapter.

The board may not refuse to renew a certificate for any reason other than failure to pay a required fee, unless it has afforded the certificate holder an opportunity for an adjudicatory hearing.__The board shall hold an adjudicatory hearing at the written request of any person who is denied a certificate without a hearing for any reason other than failure to pay a required fee, provided that the request for hearing is received by the board within 30 days of the applicant's receipt of written notice of the denial of the applicant's application, the reasons for the denial and the applicant's right to request a hearing.__Hearings are conducted in conformity with Title 5, chapter 375, subchapter IV.__The board may subpoena witnesses, records and documents in any hearing it conducts.

5.__Powers and duties.__The board may adopt, amend or repeal rules pursuant to Title 5, chapter 375, subchapter II to carry out this subchapter, including, but not limited to, rules relating to professional conduct in accordance with the policy of this subchapter.__Rules adopted pursuant to this subsection are

routine technical rules as defined in Title 5, chapter 375, subchapter II-A.

A.__The Bureau of Geology and Natural Areas shall compile and maintain a complete and up-to-date list of all certifications. The list must be made available to any person upon request.

B.__On or before August 1st of each year, the board shall submit to the director of the survey for the preceding fiscal year ending June 30th its annual report of its operations and financial position, together with such comments and recommendations as the director considers essential.

C.__The board shall establish relations with entities that regulate the practice of geology and the practice of soil science or closely related disciplines or that certify geologists or soil scientists in other states and may establish relations with such entities in other countries for the purposes of achieving uniformly high professional standards and mutual recognition of certification.

§544-J. Certification procedure

An application for certification as a geologist or soil scientist must be made to the board on a form prescribed by the board and must be accompanied by the prescribed application fee.

An applicant for certification as a geologist or soil scientist must meet the following standards.

1.__High ethical professional standards.__The applicant must possess high ethical professional standards.

2.__Geologist examination requirements.__To qualify to sit for the examination for certification as a geologist, an applicant must:

A.__Be a graduate of an accredited college or university with a major in geological sciences, have completed 30 credits in geological sciences at an accredited college or university or have at least 7 years of professional geological work that includes either a minimum of 3 years of professional geological work under the supervision of a qualified geologist or a minimum of 5 years of responsible charge of geological work;

B.__Have acquired 7 years of experience in responsible charge of geological work, toward which an undergraduate

degree with 30 credit hours or more in geological science courses counts as 2 years of training and each year of graduate study in the geological sciences counts as 1/2 year of training, up to a maximum of 2 years of credit; and

C.__Receive credit toward the experience requirement subject to the evaluation of the board.__An applicant with less than 30 credit hours in geological science courses may be given proportional work-experience credits for such academic credit hours as the applicant may have acquired.

3.__Soil scientist examination requirements.__To qualify to sit for the examination for certification as a soil scientist, an applicant must be a graduate of an approved 4-year college curriculum leading to a Baccalaureate Degree, in which the applicant has successfully completed a minimum of 15 credit hours of soil or soil-related courses of a pedological nature and have a specific record of an additional 3 years or more of experience in soil science of a grade and character that indicates to the board that the applicant is competent to practice as a soil scientist and is otherwise qualified. Teaching pedological courses in a college or university offering an approved 4-year soil science or agronomic curriculum must be considered as experience in soils investigations.

Applicants may sit for the general practice examination upon graduation from an approved 4-year college and may sit for the professional practice examination upon completion of the experience requirement stated in this subsection.

"Additional 3 years or more of experience" does not imply a sequence of obtaining a degree and then experience. Experience time may not be granted for time while enrolled in courses, but summer employment must be counted even though a degree may not have been obtained.

Actual field experience in an acceptable apprenticeship program counts as experience time.

Each degree beyond the bachelor's degree counts as one year of experience.

Soil-related courses may amount to only 20% of the required 15 credits for a maximum of 3 credits.

4.__Pass examination before board.__The applicant must sit for and pass an examination before the board or its authorized representatives.__Such examinations are held at certain specified times and are of a scope prescribed by the board.

The examinations must test the applicant's knowledge basic to geology or soil science and ability to apply that knowledge and to assume responsible charge of work in the practice of geology or the practice of soil science.

An applicant for certification must meet all the requirements of this subchapter and, in addition, have 3 years' experience in geology or soil science as described by this subchapter and in the rules of the board.

An applicant who fails an examination may be examined again upon filing a new application and the payment of the prescribed fees.

The board, upon application on its prescribed form and upon the payment of the application and certification fees, may issue a certificate as a geologist or soil scientist without written examination to any person holding a certificate as a geologist or soil scientist issued by any state or country having equivalent requirements, when the applicant's qualifications meet the other requirements of this subchapter and the rules established by the board.

In determining the qualifications of an applicant for certification, a majority vote of the board is required.

An applicant who has passed the examination or has otherwise qualified as a geologist or soil scientist upon payment of the certification fee fixed by this subchapter must be granted a certificate as a geologist or soil scientist as appropriate.

§544-K. Expiration and renewal

Certification expires on December 31st annually and becomes invalid on that date unless renewed.__The Bureau of Geology and Natural Areas shall notify every person certified under this subchapter of the certificate expiration date and the amount of the fee that is required at the person's last known address.__The notice must be mailed at least one month in advance of the expiration date.

A certificate may be renewed up to 90 days after the date of expiration upon payment of a late fee in addition to the renewal fee.__A person who submits an application for renewal more than 90 days after the certificate renewal date is subject to all requirements governing new applicants under this subchapter, except that the board may, in its discretion, giving due consideration to the protection of the public, waive examination if the renewal application is made within 2 years from the date of the expiration.

§544-L. Fees

The director of the survey may establish by rule fees for purposes authorized under this subchapter in amounts that are reasonable and necessary for their respective purposes, except that the fee for any one purpose may not exceed $250 annually.

§544-M. Complaints; violations; investigations; revocations

1.__Powers of board and District Court concerning complaints. The board shall investigate or cause to be investigated all complaints against certified geologists or certified soil scientists and persons granted temporary authorizations pursuant to this subchapter and all cases of violations of this subchapter. The board may, pursuant to Title 5, section 10004, suspend or revoke a certificate issued by it.__In addition, the board may refuse to issue or renew the certificate or the District Court may, pursuant to Title 4, chapter 5, suspend, revoke or refuse to renew the certificate of any registrant who is found guilty of:

A.__The practice of fraud or deceit in obtaining a certificate of registration;

B.__Gross negligence, incompetence or misconduct in the practice of geology or soil science;

C.__A felony or crime adversely affecting the ethical standards of the professions regulated by this subchapter, subject to the limitations of Title 5, chapter 341; or

D.__A violation of this subchapter or a rule of the board.

2.__Preferring of charges. A person may register a complaint of fraud, deceit, gross negligence, incompetency or misconduct against a certified geologist or certified soil scientist.__The complaint must be in writing and be sworn to by the person making the complaint and be filed with the secretary of the board.

3. Reissuance of certificate.__The board, for reasons it determines sufficient, may reissue, following a previous revocation or nonrenewal, a certificate as a certified geologist or certified soil scientist to a person whose certificate has been revoked or has not been renewed, provided 5 members vote in favor of the reissuance.

4. Enforcement.__It is the duty of the respective officers charged with the enforcement of laws and ordinances to prosecute a person charged with a violation of a provision of this

subchapter. It is the duty of the chair of the board, under the direction of the board, to aid such officers in the enforcement of this subchapter.

§544-N. Plans prepared

All geologic plans, specifications, reports or documents that are prepared by a certified geologist or by a subordinate under the geologist's direction must be signed by the geologist, which indicates the geologist's responsibility for those geologic plans, specifications, reports or documents.

All pedological maps, reports or documents that are prepared by a certified soil scientist or by a subordinate under the soil scientist's direction must be signed by that certified soil scientist, which indicates the soil scientist's responsibility for those pedological maps, reports or documents.

§544-O. Penalties; injunction

A person who violates a provision of this subchapter is guilty of a Class E crime.

The State may bring an action in Superior Court to enjoin a person from violating this subchapter, regardless of whether proceedings have been or may be instituted in the District Court or whether criminal proceedings have been or may be instituted.

§544-P. Receipts and disbursements

All fees received by the board under this subchapter must be used to carry out the purposes of this subchapter.__Any balance of those fees may not lapse, but must be carried forward as a continuing account to be expended for the same purposes in the following fiscal years.

Sec. 3. 32 MRSA c. 73, as amended, is repealed.

Sec. 4. Revisor's review; cross-references. The Revisor of Statutes shall review the Maine Revised Statutes and include in the errors and inconsistencies bill submitted to the Second Regular Session of the 120th Legislature pursuant to Title 1, section 94 any sections necessary to correct and update any cross-references in the statutes to provisions of law repealed in this Act.

SUMMARY

This bill transfers oversight of geologists and soil scientists from the Department of Professional and Financial Regulation to the Department of Conservation, Bureau of Geology and Natural Areas.