A. Section 54.1-2200 of the Code of Virginia provides definitions of the following terms and phrases as used in this chapter:

Board

Department

Geological mapping

Geologist

Geology

Practice of geology

Qualified geologist

Virginia certified licensed professional geologist

B. The following words and terms when used in this chapter have the following meanings unless the context clearly indicates otherwise:

"Department" means Department of Professional and Occupational Regulation.

"Geological mapping" means the process of creating a map on which is recorded geological information, such as the distribution, nature, and age of relationships of rock units, in which surficial deposits may or may not be mapped separately, and the occurrence of structural features such as folds, faults, and joints; mineral deposits; and fossil localities. "Geological mapping" may indicate geologic structure by means of formational outcrop patterns, by conventional symbols giving the direction and amount of dip at certain points, or by structure-contour lines.

"Geologist-in-Training" or "GIT" means an individual who has completed the academic requirements specified in this chapter and has passed the Fundamentals of Geology examination, but has not met all requirements to qualify as a Virginia certified licensed professional geologist.

"Related geological science degree" means a degree that includes 30 semester hours of courses in the geosciences, including 12 or more semester hours from at least four of the following disciplines: stratigraphy, structural geology, hydrogeology, mineralogy, petrology, geomorphology, and field geology.

"Responsible charge" means the direct control and supervision of the practice of geology.

"Supervision" means quality control review of all significant data collection, interpretation, and conclusions.

All fees for application, examination, renewal, and reinstatement will be established by the board pursuant to § 54.1-201 of the Code of Virginia. All fees are nonrefundable and will not be prorated.

1. The application fee for certification licensure will be $110.

2. The fee for renewal of certification licensure will be $90.

3. The application fee for the Geologist-in-Training (GIT) designation will be $20.

4. The fee for examination or reexamination is subject to contracted charges to the department by an outside vendor. These contracts are competitively negotiated and bargained for in compliance with the Virginia Public Procurement Act (§ 2.2-4300 et seq. of the Code of Virginia). Fees may be adjusted and charged to the candidate in accordance with this contract.

5. The penalty fee for late renewal will be $50 in addition to the renewal fee.

6. The reinstatement fee will be $125.

A. Certificates Licenses issued under this chapter will expire on August 31 of the odd-numbered year following the date of issuance. Certificate holders Licensees will be notified of the fee and the procedure for certificate license renewal at least 45 days before the certificate license expires. Each certificate holder licensee desiring to renew a certificate license must submit the renewal notice with the appropriate fee before the certificate license expires.

B. There will be a penalty fee for late renewal assessed in addition to the renewal fee for any certificate holder licensee failing to renew the certificate license within 30 days following the date of expiration.

C. Failure to receive written notice from the department does not relieve the regulant from the requirement to renew the certificate license. If the certificate holder licensee fails to receive the renewal notice, a copy of the certificate license may be submitted with the required fee.

D. The date a fee is received by the department or its agent will be used to determine whether a penalty fee or the requirement for reinstatement of a certificate license is applicable.

If the certificate holder licensee fails to renew the certificate license within six months following the expiration date, the certificate holder licensee will be required to apply for reinstatement of the certificate license. The board may grant reinstatement of the certificate, license or require requalification or reexamination, or both. The application fee for reinstatement of a certificate shall will be the amount established in 18VAC145-40-20.

A. Reinstated certifications shall licenses will continue to have the same certification license number and shall will expire on August 31 of the odd-numbered year following the date of reinstatement.

B. Reinstated certifications shall A licensee who reinstates a license will be regarded as having been continuously licensed without interruption. Therefore, the holder of the reinstated certification shall licensee will remain under the disciplinary authority of the board during this entire period and may be held accountable for his activities during this period.

C. Certifications Licenses which are not renewed or reinstated shall will be regarded as expired from the date of the expiration forward.

A certified licensed professional geologist may apply a rubber stamp or preprinted seal to final and complete cover sheets and to each original sheet of plans or drawings prepared or reviewed and approved by the regulant. The seal may be applied to the cover sheet of technical reports and specifications prepared or reviewed and approved by the regulant.

1. All seal imprints on final documents must be signed.

2. Application of the seal and signature indicates acceptance of responsibility for work shown thereon.

3. The original seal must be two inches in diameter and conform to the design illustrated in this subdivision.

*The number on the seal is the last four digits of the certificate license number.

A. In addition to the requirements in § 54.1-2208.2 of the Code of Virginia, each applicant for certification licensure as a licensed professional geologist in Virginia must:

1. Make application on forms provided by the board;

2. Be of ethical character, which may be established if the applicant Applicants must meet the following requirements:

a. Has Must not have been convicted of a non-marijuana misdemeanor in the last 10 years or has never have ever been convicted of a felony that would render the applicant unfit or unsuited to engage in the occupation or profession applied for in accordance with § 54.1-204 of the Code of Virginia;

b. Has Must not have committed no any act involving dishonesty, fraud, misrepresentation, breach of fiduciary duty, negligence, or incompetence reasonably related to:

(1) The proposed area of practice within 10 years prior to application for licensure, certification, or registration; or

(2) The area of practice related to licensure, certification, or registration by the board while under the authority of the board;

c. Has Must not have engaged in fraud or misrepresentation in connection with the application for licensure, certification, or registration, or related exam;

d. Has Must not have had a license, certification, or registration revoked or suspended for cause or been disciplined by the Commonwealth or by any other jurisdiction, or surrendered a license, certificate, or registration in lieu of disciplinary action; and

e. Has Must not have practiced without the required license, certification, or registration in the Commonwealth or in another jurisdiction within the five years immediately preceding the filing of the application for licensure, certification, or registration by the Commonwealth.

3. Have at least seven years of geological work that must include either a minimum of three years of geological work under the supervision of a qualified or certified licensed professional geologist or a minimum of three years of experience in responsible charge of geological work. The work must include one or more of the following areas:

a. Mineralogy.

(1) Identify and classify major rock types.

(2) Identify mineral assemblages.

(3) Determine probable genesis and sequence of mineral assemblages.

(4) Identify minerals on the basis of chemical composition.

(5) Predict subsurface mineral characteristics on the basis of exposures and drillholes.

b. Petrography or petrology.

(1) Identify and classify major rock types.

(2) Determine physical properties of rocks.

(3) Determine chemical properties of rocks.

(4) Determine types or degrees of rock alteration.

(5) Determine suites of rock types.

c. Geochemistry.

(1) Establish analytical objectives and approaches.

(2) Evaluate geochemical data.

(3) Construct models based on results of geochemical analysis.

(4) Make recommendations based upon results of geochemical analyses.

d. Hydrogeology.

(1) Design and interpret hydrologic testing programs.

(2) Utilize chemical data to evaluate hydrogeologic conditions.

(3) Apply geophysical methods to analyze hydrogeologic conditions.

(4) Determine physical and chemical properties of aquifers and vadose zones.

(5) Determine groundwater flow systems.

(6) Evaluate groundwater resources.

(7) Evaluate groundwater quality.

(8) Design wells and drilling programs.

(9) Develop groundwater resource management plans.

(10) Plan and evaluate remedial action programs.

e. Engineering geology.

(1) Provide geological information and interpretations for engineering design.

(2) Identify and evaluate potential seismic and other geologic hazards.

(3) Provide geologic consultation during and after construction.

(4) Develop and interpret engineering geology maps and sections.

(5) Evaluate materials resources.

(6) Define and establish site selection and evaluation criteria.

(7) Design and implement field and laboratory programs.

(8) Describe and sample soils for geologic analysis and materials properties testing.

f. Mining geology.

(1) Formulate exploration programs.

(2) Implement field investigations on prospects.

(3) Perform geologic interpretations for mineral reserves.

(4) Perform economic analyses or appraisals.

(5) Provide geologic interpretations for mine development and production activities.

(6) Provide geologic interpretations for mine abandonments, closures, or restorations.

g. Petroleum geology.

(1) Formulate exploration programs.

(2) Implement field investigations on prospects.

(3) Perform geologic interpretations of physical properties and hydrocarbon reserves.

(4) Perform petroleum economic analyses or appraisals.

(5) Provide geologic interpretations for development and production activities.

(6) Provide geologic interpretations for abandonments, closures, or restorations.

B. Applicants holding degrees other than those listed in § 54.1-2208.2 B 2 of the Code of Virginia must provide the board with written documentation that demonstrates that the courses satisfactorily completed by the applicant are equivalent geological science courses.

C. A year of full-time employment is a minimum of 32 hours per week. Partial credit may be given for actual hours of work or workdays experience if the applicant works as a geologist less than full time.

A. To be eligible to obtain the GIT designation, each applicant must:

1. Be of ethical character in accordance with the provisions Meet the requirements of 18VAC145-40-70 A 2;

2. Have achieved a passing score on a board-approved Fundamentals of Geology examination; and

3. Hold a baccalaureate or higher degree from an accredited college or university and have satisfactorily completed at least 30 semester hours in courses in the geosciences, including 12 or more semester hours in at least four of the following disciplines: stratigraphy, structural geology, hydrogeology, mineralogy, petrology, geomorphology, and field geology.

B. Prior to obtaining the designation of GIT, an applicant who qualified to sit for a board-approved Fundamentals of Geology examination under 18VAC145-40-83 A 3 or A 4 and passed the examination must provide an official college transcript that demonstrates satisfactory completion of the degree program.

C. The designation of GIT will remain valid until the individual meets all requirements for certification licensure as a Virginia certified licensed professional geologist.

A certified licensed professional geologist:

1. Must not submit any false statements or fail to disclose any facts requested concerning the geologist's or another's application for certification licensure.

2. Must not engage in any fraud, deceit, or misrepresentation in advertising, soliciting, or providing professional services.

3. Must not knowingly sign, stamp, or seal any plans, drawings, blueprints, surveys, reports, specifications, or other documents not prepared or reviewed and approved by the certificate license holder.

4. Must make full disclosure to all parties of any monetary, financial, or beneficial interest the geologist may have in any contract or entity providing goods or services, other than professional services, to a project or engagement.

Each certified licensed professional geologist and geologist-in-training must notify the board, in writing, of any change of address or name. This notification must be sent to the board within 30 days after such change of address or name.

A certified licensed professional geologist:

1. Shall Must comply with all federal, state, and local building, fire, safety, real estate, or mining codes, as well as any other laws, codes, ordinances, or regulations pertaining to the practice of geology.

2. Shall Must not violate any state or federal criminal statute, including fraud, misrepresentation, embezzlement, bribery, theft, forgery, or breach of fiduciary duty relating to his professional practice.

3. Shall Must immediately notify the client or employer and the appropriate regulatory agency if his the geologist's professional judgment is overruled and not adhered to in circumstances of a serious threat to the public health, safety, or welfare. If appropriate remedial action is not taken within a reasonable amount of time after making the report, he the geologist shall must notify the appropriate governmental authority of the specific nature of the public threat.

4. Shall Must give written notice to the board, and shall must cooperate with the board and the department in furnishing any further information or assistance needed, if he the geologist knows or believes that another geologist/ or firm may be violating any of the provisions of Chapter 22 (§ 54.1-2200 et seq.) of Title 54.1 of the Code of Virginia, or this chapter.

A certified licensed professional geologist will not:

1. Accept any work on any project or other professional engagement when a duty to a client or to the public would conflict with the geologist's personal interest or the interest of another client, unless immediate disclosure of all material facts of the conflict is made to each client related to the project or engagement.

2. Accept compensation for services related to the same project or professional engagement from more than one party without making prior full disclosure to all parties involved.

3. Solicit or accept gratuities, directly or indirectly, from contractors, agents of contractors, or other parties dealing with a client or employer in connection with work for which the regulant is responsible.

A certified licensed professional geologist:

1. Shall Must exercise reasonable care when rendering professional services and shall must apply the technical knowledge and skills ordinarily applied by practicing geologists.

2. Shall Must not accept any professional assignment or engagement that he the geologist is not competent to perform by way of education, technical knowledge, or experience. An assignment requiring education or experience outside his the geologist's field of competence may be accepted provided:

a. His The geologist's professional services are restricted to those phases of the project in which he the geologist is qualified; and

b. All other phases of the project are performed by qualified associates, consultants, or employees.