NEW HAMPSHIRE CODE OF ADMNISTRATIVE RULES

Adopted 6/29/01
Effective 7/1/01  

CHAPTER Geo 100 DEFINITIONS, ORGANIZATION AND PUBLIC INFORMATION

PART Geo 101 PURPOSE AND SCOPE

PART Geo 102 DEFINITIONS

PART Geo 103 BOARD ORGANIZATION

PART Geo 104 PUBLIC INFORMATION

PART Geo 105 MEETINGS, DELIBERATIONS AND DECISIONS

PART Geo 106 APPOINTMENT OF COMMITTEES

CHAPTER Geo 200 PRACTICE AND PROCEDURE

PART Geo 201 PURPOSE AND SCOPE

PART Geo 202 DEFINITIONS

PART Geo 203 PRESIDING OFFICER; WITHDRAWAL AND WAIVER OF RULES

PART Geo 204 FILING, FORMAT AND DELIVERY OF DOCUMENTS

PART Geo 205 TIME PERIODS

PART Geo 206 MOTIONS AND PLEADINGS

PART Geo 207 NOTICE OF HEARING; APPEARANCES; PRE-HEARING CONFERENCES

PART Geo 208 ROLES OF BOARD STAFF AND COMPLAINANTS

PART Geo 209 INTERVENTION

PART Geo 210 POSTPONEMENT REQUESTS AND FAILURE TO ATTEND HEARING

PART Geo 211 REQUESTS FOR INFORMATION OR DOCUMENTS

PART Geo 212 RECORD, PROOF, EVIDENCE AND DECISIONS

PART Geo 213 MOTION FOR REHEARING

PART Geo 214 RULEMAKING HEARINGS

PART Geo 215 PETITIONS FOR RULEMAKING

PART Geo 216 DECLARATORY RULINGS

PART Geo 217 EXPLANATION AFTER ADOPTION 

CHAPTER Geo 300 LICENSURE REQUIREMENTS

PART Geo 301 APPLICATION REQUIREMENTS

PART Geo 302 QUALIFICATIONS OF APPLICANTS

PART Geo 303 EXAMINATION REQUIREMENTS

PART Geo 304 RECIPROCITY

PART Geo 305 APPLICATION/EXAMINATION/LICENSURE FEES

PART Geo 306 TEMPORARY PERMIT

PART Geo 307 CREDENTIALS

CHAPTER Geo 400 CONTINUED STATUS

PART Geo 401 RENEWAL OF LICENSE

PART Geo 402 DISCIPLINARY MATTERS

PART Geo 403 CONTINUING EDUCATION

CHAPTER Geo 500 ETHICAL STANDARDS AND LICENSE SURRENDER

PART Geo 501 ETHICAL STANDARDS

PART Geo 502 VOLUNTARY LICENSE SURRENDER

CHAPTER Geo 100 DEFINITIONS, ORGANIZATION AND PUBLIC INFORMATION    Back To Top

PART Geo 101 PURPOSE AND SCOPE

Geo 101.01 Purpose and Scope. The rules of this title implement the statutory responsibilities of the New Hampshire board of professional geologists created by RSA 310-A: 119. These provisions regulate the licensing of professional geologists and the practice of the profession of geology in the state of New Hampshire.

PART Geo 102 DEFINITIONS

Geo. 102.01 Terms Used. As used in these rules, the following terms shall have the meanings indicated:

    (a) "Licensed professional geologist" means, "licensed professional geologist" as defined in RSA 310-A:118, IV namely "a person who, by reason of advanced knowledge of geology and the supporting physical and life sciences, acquired by education and experience, is technically and legally qualified to engage in the practice of geology as defined in this section and has successfully passed the examination as may be required in this subdivision and who is licensed by the board or otherwise authorized by this subdivision to engage in the practice of the profession of geology."

    (b) "Practice of the profession of geology" means, "practice of the profession" of geology as defined in RSA 310-A:118, V, namely "the performance of work defined as geology in this subdivision including, but not limited to researching, investigating, consulting, geological mapping, describing the natural processes that act upon the earth's materials, predicting the probable occurrence of natural resources, predicting and locating natural or man-induced phenomena which may be useful or hazardous to mankind recognizing, determining and evaluating geological factors, and the inspection and performance of geological work and the responsible supervision thereof in furtherance of the health, safety, and welfare of the public and the environment. The term shall not include the application of geologic information in the identification or determination of engineered solutions to protect the health, safety, and welfare of the public and the environment. The term shall not include the practice of engineering, land surveying, architecture, soil science or wetland science for which separate licensure or certification is required."

    (c) "Board" means the New Hampshire board of professional geologists created by RSA 310-A:118.

    (d) "Board administrator" means the board’s staff director, a person with delegated authority to perform administrative and clerical functions for the board.

PART Geo 103 BOARD ORGANIZATION

    Geo 103.01 Duties and Responsibilities The board shall administer the provisions of RSA 310-A:118-139 which include but are not limited to safeguarding life, health, and property, to promoting public welfare and maintaining a high standard of integrity regarding the practice of the profession of geology in this state.

    Geo 103.02 Composition of the Board. The board shall consist of 6 members who meet the eligibility requirements of RSA 310-A:120.

    Geo 103.03 The Chairperson and Vice Chairperson. The chairperson shall preside at all meetings. In the absence of the chairperson, the vice-chairperson shall preside.

    Geo 103.04 Staff. The board shall designate a board administrator and such other staff members as are necessary to perform the record-keeping and other statutory functions of the board and to oversee the board’s day-to-day operations.

    Geo 103.05 Organization. Beginning with the regular meeting in November and annually thereafter, the board shall meet and organize and, by election from among its members, select a chairperson, vice-chairperson and secretary.

Geo 103.06 Seal. The seal of the board shall be an embossed circular seal consisting of 2 concentric circles, the outer circle having a diameter of 1 7/8 inches and an inner circle having a diameter of 1 3/8 inches. In the space between the 2 circles at the top of the seal there shall be the words "Board of Professional Geologists" At the bottom of the seal, in the space between the 2 circles, shall be the words "State of New Hampshire." In the center space there shall be a representation of the Old Man of the Mountain with a dark green background.

Geo 103.07 Office Hours, Office Location, Mailing Address and Telephone.

    (a) The board’s office shall be located at the New Hampshire Joint Board, 57 Regional Drive, Concord, N.H., and shall be open to the public weekdays, excluding holidays, from 8:00 a.m. to 4:00 p.m.

    (b) Correspondence shall be addressed to the board’s administrator at:

New Hampshire Joint Board

57 Regional Drive

                                                   Concord, N.H. 03301

    (c) The board’s telephone number shall be (603)-271-2219.

PART GEO 104 PUBLIC INFORMATION

    Geo. 104.01 Record of Board Actions. Minutes shall be kept of board meetings and of official actions taken by the board. Minutes of board actions which are not confidential under RSA 91-A:3, II or RSA 91-A:5 shall be public records and shall be available for inspection during the board’s ordinary office hours within 144 hours from the close of the meeting or vote in question unless the 72 hours availability requirement of RSA 91-A:3, III is applicable.

    Geo 104.02 Custodian of Records. Persons desiring copies of board records shall submit a request which identifies as particularly as possible the information being sought and agrees to pay the actual costs incurred by the board for the documents provided. If records are requested which contain both public and confidential information, the board shall delete the confidential information and provide the remaining information.

    Geo. 104.03 Roster Distribution Copies of a roster containing names, addresses, and assigned numbers of licensed professional geologists shall be furnished upon request. The fee shall be $20.00.

PART GEO 105 MEETINGS, DELIBERATIONS AND DECISIONS

    Geo 105.01 Meetings. Regular meetings shall be held at least 3 times per year. Special meetings, shall be called by order of the chairperson or secretary for consideration of
appropriate board business. Each member of the board shall be notified in writing of each meeting and such notice shall contain the place, date, time, and subject of the meeting. Notice of meetings shall be posted at the board office and the state house.

    Geo 105.02 Quorum. A quorum of the board shall consist of not less than 3 members and a majority vote by the members present shall be necessary to pass a motion unless otherwise specified by law. In the absence of the chair, vice chair, or secretary, the chair shall designate a pro tempore officer for the officer or officers absent.

    Geo 105.03 Board Meeting Procedures. The board shall conduct its meetings in the following order:

        (a) Reading of the minutes;

        (b) Interviews/meetings;

        (c) Reading of communications;

        (d) Reading and consideration of applications;

        (e) Unfinished business;

        (f) New business; and

        (g) Adjournment.

    Geo 105.04 Procedures. Roberts Rules of Order, 9th edition dated 1990 shall govern the procedures of the board.

    Geo. 105.05 Tentative Decisions

    (a) When necessary to conduct the board’s business in a timely and efficient manner, the board shall instruct its staff or a committee of the board to prepare a draft document, subject to subsequent review and approval by the board. Such instructions shall be known as tentative decisions.

    (b) Tentative decisions shall not be final actions, and shall not be binding upon the board. Changes in the form or the substance of a tentative decision shall be made as often as necessary to produce a final document, which satisfactorily sets forth the final result the board intends to reach. The board’s final decision shall be issued only when the necessary majority has voted in favor of the final form of the proposed action, allowing time for printing or servicing the document in question.

    (c) A member who was absent from the meeting at which a tentative decision was made or revised may vote on a final proposal derived from the member’s evaluation of a tentative decision if the member is otherwise qualified to vote on the matter in question.

PART GEO 106 APPOINTMENT OF COMMITTEES

Geo 106.01 Committees

    (a) A committee shall consist of one or more board members who have been directed by the board to investigate and make recommendations on matters which could be handled by the full board.

    (b) When expressly authorized by the board, the authority of a committee shall include:

        (1) The retention of voluntary assistance from qualified non-board members; and

        (2) The retention of paid advisors or consultants pursuant to RSA 332:G-3.

CHAPTER Geo 200 PRACTICE AND PROCEDURE    Back To Top

PART Geo 201 PURPOSE AND SCOPE

    Geo 201.01 Purpose and Scope The board shall conduct proceedings for the purpose of acquiring sufficient information to make fair and reasonable decisions on matters within its statutory jurisdiction, including decisions on applications and complaints filed against licensees. These rules are intended to secure the just, efficient and accurate resolution of all board proceedings.

PART Geo 202 DEFINITIONS

Geo 202.01 Definitions.

    (a) "Appearance" means a written notification to the board that a party’s representative intends to actively participate in a hearing.

    (b) "Hearing" means "adjudicative proceeding" as defined by RSA 541-A:1, I, namely, "the procedure to be followed in contested cases, as set forth in RSA 541-A:31 through RSA 541-A:36."

    (c) "Motion" means a request to the presiding officer for an order or ruling directing some act to be done in favor of the party making the motion, including a statement of justification or reasons for the request.

    (d) "Natural person" means a human being.

    (e) "Party" means "party" as defined by RSA 541-A:1, XII, namely, "each person or board named or admitted as a party, or properly seeking and entitled as a right to be admitted as a party." The term "party" includes all intervenors in a proceeding, subject to any limitations established pursuant to RSA 541-A:33,III.

    (f) "Person" means "person" as defined by RSA 541-A:1, XIII, namely, "any individual, partnership, corporation, association, governmental subdivision, or public or private organization of any character other than a board."

    (g) "Presiding officer" means presiding officer as defined in RSA 541-A:1, XIV, namely, "that individual to whom the board has delegated the authority to preside over a proceeding, if any; otherwise it shall mean the head of the board."

    (h) "Proof by a preponderance of the evidence" means a demonstration by admissible evidence that a fact or legal conclusion is more probable than not to be true.

PART Geo 203 PRESIDING OFFICER; WITHDRAWAL AND WAIVER OF RULES

Geo 203.01 Presiding Officer; Appointment; Authority

    (a) All hearings shall be conducted for the board by a natural person appointed by the board to serve as a presiding officer.

    (b) A presiding officer shall as necessary:

        (1) Regulate and control the course of a hearing;

        (2) Facilitate an informal resolution acceptable to all parties;

        (3) Administer oaths and affirmations;

        (4) Issue subpoenas to compel the attendance of witnesses at hearings or the production of documents, as authorized by RSA 310-A:23, II;

        (5) Receive relevant evidence at hearings and exclude irrelevant, immaterial or unduly repetitious evidence;

        (6) Rule on procedural requests, including adjournments or postponements, at the request of a party or on the presiding officer's own motion;

        (7) Question any person who testifies;

        (8) Cause a complete record of any hearing to be made, as specified in RSA 541-A:31, VI; and

        (9) Take any other action consistent with applicable statutes, rules and case law necessary to conduct the hearing and complete the record in a fair and timely manner.

Geo 203.02 Withdrawal of Presiding Officer.

    (a) Upon his or her own initiative or upon the motion of any party, a presiding officer or board official shall, for good cause withdraw from any hearing.

    (b) Good cause shall exist if a presiding officer or board official:

        (1) Has a direct interest in the outcome of a proceeding, including, but not limited to, a financial or family relationship;

        (2) Has made statements or engaged in behavior which objectively demonstrates that he or she has prejudged the facts of a case; or

        (3) Personally believes that he or she cannot fairly judge the facts of a case.

    (c) Mere knowledge of the issues, the parties or any witness shall not constitute good cause for withdrawal.

Geo 203.03 Waiver or Suspension of Rules by Presiding Officer. The presiding officer, upon his or her own initiative or upon the motion of any party, shall suspend or waive any requirement or limitation imposed by this chapter upon reasonable notice to affected persons when the proposed waiver or suspension appears to be lawful, and would be more likely to promote the fair, accurate and efficient resolution of issues pending before the board than would adherence to a particular rule or procedure.

PART Geo 204 FILING, FORMAT AND DELIVERY OF DOCUMENTS

Geo 204.01 Date of Issuance or Filing. All written documents governed by these rules shall be rebuttably presumed to have been issued on the date noted on the document and to have been filed with the board on the actual date of receipt by the board, as evidenced by a date stamp placed on the document by the board in the normal course of business.

Geo 204.02 Format of Documents

    (a) All correspondence, pleadings, motions or other documents filed under these rules shall:

        (1) Include the title and docket number of the proceeding, if known;

        (2) Be typewritten or clearly printed on durable paper 8 1/2 by 11 inches in size;

        (3) Be signed by the party or proponent of the document, or, if the party appears by a representative, by the representative; and

        (4) Include a statement certifying that a copy of the document has been delivered to all parties to the proceeding in compliance with Geo 203.03.

      (b) A party’s or representative's signature on a document filed with the board shall constitute certification that:

        (1) The signer has read the document;

        (2) The signer is authorized to file it;

        (3) To the best of the signer’s knowledge, information and belief there are good and sufficient grounds to support it; and

        (4) The document has not been filed for purposes of delay.

Geo 204.03 Delivery of Documents

    (a) Copies of all petitions, motions, exhibits, memoranda, or other documents filed by any party to a proceeding governed by these rules shall be delivered by that party to all other parties to the proceeding.

    (b) All notices, orders, decisions or other documents issued by the presiding officer or board shall be delivered to all parties to the proceeding.

    (c) Delivery of all documents relating to a proceeding shall be made by personal delivery or by depositing a copy of the document, by first class mail, postage prepaid, in the United States mail, addressed to the last address given to the board by the party.

    (d) When a party appears by a representative, delivery of a document to the party's representative at the address stated on the appearance filed by the representative shall constitute delivery to the party.

PART Geo 205 TIME PERIODS

Geo 205.01 Computation of Time

    (a) Unless otherwise specified, all time periods referenced in this chapter shall be calendar days.

    (b) Computation of any period of time referred to in these rules shall begin with the day after the action which sets the time period in motion, and shall include the last day of the period so computed.

    (c) If the last day of the period so computed falls on a Saturday, Sunday or legal holiday, then the time period shall be extended to include the first business day following the Saturday, Sunday or legal holiday.

PART Geo 206 MOTIONS AND PLEADINGS

Geo 206.01 Motions; Objections.

    (a) Motions shall be in written form and filed with the presiding officer, unless made in response to a matter asserted for the first time at a hearing or on the basis of information which was not received in time to prepare a written motion.

    (b) Oral motions and any oral objection to such motions shall be recorded in full in the record of the hearing. If the presiding officer finds that the motion requires additional information in order to be fully and fairly considered, the presiding officer shall direct the moving party to submit the motion in writing, with supporting information.

    (c) Objections to written motions shall be filed within 30 days of the date of the motion;

    (d) Failure by an opposing party to object to a motion shall not in and of itself constitute grounds for granting the motion.

    (e) The presiding officer shall rule upon a motion after full consideration of all objections and other factors relevant to the motion.

Geo 206.02 Pleadings.

    (a) The only pleadings permitted shall be petitions, other than for rulemaking, and replies to petitions. Applications shall not be considered pleadings.

   (b) All petitions shall contain:

(1) The name and address of the petitioner;

(2) The name and address of the petitioner's representative, if any;

(3) A concise statement of the facts that caused the petitioner to request the board to act;

(4) The action that the petitioner wishes the board to take; and

(5) The identification of any statutes, rules, orders, or other authority that entitles the petitioner to request the board to act.

    (c) Board replies to petitions shall contain:

(1) The name and address of the petitioner;

(2) The name and address of the representative of the petitioner, if any;

(3) A statement addressing each fact alleged in the petition;

(4) A statement addressing the authority identified by the petitioner;

(5) A concise response to each statement;

(6) The identification of any statutes, rules, orders, or other authority, not identified in the petition, having a bearing upon the subject matter of the petition; and

(7) The action the board took.

    (d) Replies shall be filed within 90 days from the date of the petition.

PART Geo 207 NOTICE OF HEARING; APPEARANCES; PRE-HEARING CONFERENCES

Geo 207.01 Commencement of Hearing. A hearing shall be commenced by an order of the board giving notice to the parties at least 30 days prior to the hearing as required by Geo 207.03.

Geo 207.02 Docket Numbers. A docket number shall be assigned to each matter to be heard which shall appear on the notice of hearing and all subsequent orders or decisions of the board.

Geo 207.03 Notice of Hearing.

    (a) A notice of a hearing issued by the board at least 30 days prior to the hearing shall contain the information required by RSA 541-A:31, III, namely:

        (1) A statement of the time, place and nature of any hearing;

        (2) A statement of the legal authority under which a hearing is to be held;

        (3) A reference to the particular statutes and rules involved including this chapter;

        (4) A short and plain statement of the issues presented;

        (5) A statement that each party has the right to have an attorney represent them at their own expense; and

        (6) A statement that each party has the right to have the board provide a certified shorthand court reporter at the party’s expense and that any such request shall be submitted in writing at least 10 days prior to the hearing.

Geo 207.04 Appearances and Representation

    (a) A party’s representative shall file an appearance that includes the following information:

(1) A brief identification of the matter;

(2) A statement as to whether or not the representative is an attorney and if so, whether the attorney is licensed to practice in New Hampshire; and

                    (3) The party or representative's daytime address and telephone number.

Geo 207.05 Prehearing Conference. Any party may request, or the presiding officer shall schedule on his or her own initiative, a prehearing conference in accordance with RSA 541-A:31, V to consider:

    (a) Offers of settlement;

    (b) Simplification of the issues;

    (c) Stipulations or admissions as to issues of fact or proof by consent of the parties;

    (d) Limitations on the number of witnesses;

    (e) Changes to standard procedures desired during the hearing by consent of the parties;

    (f) Consolidation of examination of witnesses and;

    (g) Any other matters which aid in the disposition of the proceeding.

PART Geo 208 ROLES OF BOARD STAFF AND COMPLAINANTS

Geo 208.01 Role of Board Staff in Enforcement or Disciplinary Hearings. Unless called as witnesses, board staff as defined in Geo 103.04 shall have no role in any enforcement or disciplinary hearing.

Geo 208.02 Role of Complainants in Enforcement or Disciplinary Hearings. Unless called as a witness or granted party or intervenor status, a person who initiates an adjudicative proceeding by complaining to the board about the conduct of a person who becomes a party shall have no role in any enforcement or disciplinary hearing.

PART Geo 209 INTERVENTION

Geo 209.01 Intervention.

    (a) A non-party may intervene in a matter pending before a board under the provisions of RSA 541-A:32, by filing a motion stating facts demonstrating that the non-party's rights or other substantial interests might be affected by the proceeding or that the non-party qualifies as an intervenor under any provision of law.

    (b) If the presiding officer determines that such intervention would be in the interests of justice and would not impair the orderly and prompt conduct of the hearing, he or she shall grant the motion for intervention.

    (c) Participation by intervenors shall be limited to that which is necessary to protect the interest identified in the petition for intervention.

    (d) Petitions for intervention shall be filed any time after commencement of a proceeding, and state:

(1) The petitioner's interest in the subject matter of the hearing;

(2) Whether the petitioner appears in support of the complainant, or the respondent, as well as for his or her own interest;

(3) Why the interests of the parties and the orderly and prompt conduct of the proceeding would not be impaired; and

(4) Any other reasons why the petitioner should be permitted to intervene.

    (e) Petitions for intervention shall be granted if the petitioner has an interest in the proceeding and has clearly stated this interest.

   (f) A person filing a complaint that becomes the subject of a disciplinary hearing shall be served with the hearing notice and notified of the right to intervene in the proceeding.

    (g) Once granted leave to intervene, intervenors shall take the proceeding as they find it and no portion of the proceeding shall be repeated because of the fact of intervention.

PART Geo 210 POSTPONEMENT REQUESTS AND FAILURE TO ATTEND HEARING

Geo 210.01 Postponements.

    (a) Any party to a hearing may make an oral or written motion that a hearing be postponed to a later date or time.

    (b) If a postponement is requested by a party to the hearing, it shall be granted if the presiding officer determines that good cause has been demonstrated. Good cause shall include the unavailability of parties, witnesses or attorneys necessary to conduct the hearing, the likelihood that a hearing will not be necessary because the parties have reached a settlement or any other circumstances that demonstrate that a postponement would assist in resolving the case fairly.

    (c) If the later date, time and place are known at the time of the hearing that is being postponed, the date, time and place shall be stated on the record. If the later date, time and place are not known at the time of the hearing that is being postponed, the presiding officer shall issue a written scheduling order stating the date, time and place of the postponed hearing as soon as practicable.

Geo 210.02 Failure to Attend Hearing. If any party to whom notice has been given in accordance with Geo 207.03 fails to attend a hearing, the presiding officer shall declare that party to be in default and shall either:

    (a) Dismiss the case, if the party with the burden of proof fails to appear; or

    (b) Hear the testimony and receive the evidence offered by a party, if that party has the burden of proof in the case.

PART Geo 211 REQUESTS FOR INFORMATION OR DOCUMENTS

Geo 211.01 Voluntary Production of Information.

    (a) Each party shall attempt in good faith to make complete and timely response to requests for the voluntary production of information or documents relevant to the hearing.

    (b) When a dispute between parties arises concerning a request for the voluntary production of information or documents, any party may file a motion to compel the production of the requested information under Geo 211.02.

Geo 211.02 Motions to Compel Production of Information

    (a) Any party may make a motion requesting that the presiding officer order the parties to comply with information requests. The motion shall be filed at least 15 days before the date scheduled for the hearing.

    (b) The moving party’s motion shall:

        (1) Set forth in detail those factors which it believes justify its request for information; and

        (2) List with specificity the information it is seeking to discover.

    (c) When a party has demonstrated that such requests for information are necessary for a full and fair presentation of the evidence at the hearing, the presiding officer shall grant the motion.

Geo 211.03 Mandatory Pre-Hearing Disclosure of Witnesses and Exhibits At least 5 days before the hearing the parties shall exchange a list of all witnesses to be called at the hearing with a brief summary of their testimony, a list of all documents or exhibits to be offered as evidence at the hearing, and a copy of each document or exhibit.

PART Geo 212 RECORD, PROOF, EVIDENCE AND DECISIONS

Geo 212.01 Record of the Hearing.

    (a) The board shall record the hearing by tape recording or other method that will provide a verbatim record except for a proceeding on emergency action shall be governed by RSA 541-A:30, III.

    (b) If any person requests a transcript of the taped record, the board shall cause a transcript to be prepared and, upon receipt of payment for the cost of the transcription, shall provide copies of the transcript to the requesting party.

    (c) At the request of a party to any proceeding involving disciplinary action, the record of the proceeding shall be made by a certified shorthand court reporter provided by the board at the requesting party’s expense. A request for a certified shorthand court reporter shall be filed at least 10 days prior to the hearing.

Geo 212.02 Standard and Burden of Proof The party asserting a proposition shall bear the burden of proving the truth of the proposition by a preponderance of the evidence.

Geo 212.03 Testimony; Order of Proceeding

    (a) Any person offering testimony, evidence or arguments shall state for the record his or her name, and role in the proceeding. If the person is representing another person, the person being represented shall also be identified.

    (b) Testimony shall be offered in the following order:

(1) The party or parties bearing the burden of proof and such witnesses as the party may call;

(2) The party or parties opposing the party who bears the overall burden of proof and such witnesses as the party may call.

Geo 212.04 Evidence

    (a) Receipt of evidence shall be governed by the provisions of RSA 541-A:33.

    (b) All documents, materials and objects offered as exhibits shall be admitted into evidence unless excluded by the presiding officer as irrelevant, immaterial, unduly repetitious or legally privileged.

    (c) All objections to the admissibility of evidence shall be stated as early as possible in the hearing, but not later than the time when the evidence is offered.

    (d) Transcripts of testimony and documents or other materials, admitted into evidence shall be public records unless the presiding officer determines that all or part of a transcript or document is exempt from disclosure under RSA 91-A:5 or applicable case law.

Geo 212.05 Proposed Findings of Fact and Conclusions of Law

    (a) Any party may submit proposed findings of fact and conclusions of law to the presiding officer prior to or at the hearing.

    (b) Upon request of any party, or if the presiding officer determines that proposed findings of fact and conclusions of law would serve to clarify the issues presented at the hearing, the presiding officer shall specify a date after the hearing for the submission of proposed findings of fact and conclusions of law.

    (c) In any case where proposed findings of fact and conclusions of law are submitted, the decision shall include rulings on the proposals.

Geo 212.06 Closing the Record

    (a) After the conclusion of the hearing, the record shall be closed and no other evidence shall be received into the record, except as allowed by (b) below and Geo 212.08.

    (b) Before the conclusion of the hearing, a party may request that the record be left open to allow the filing of specified evidence not available at the hearing. If the other parties to the hearing have no objection or if the presiding officer determines that such evidence is necessary to a full consideration of the issues raised at the hearing, the presiding officer shall keep the record open for the period of time necessary for the party to file the evidence.

Geo 212.07 Reopening the Record. At any time prior to the issuance of the decision on the merits, the presiding officer, on the presiding officer’s own initiative or on the motion of any party, shall reopen the record to receive relevant, material and non-duplicative testimony, evidence or arguments not previously received, if the presiding officer determines that such testimony, evidence or arguments are necessary to a full and fair consideration of the issues to be decided.

Geo 212.08 Decisions

    (a) A board member shall not participate in making a decision unless he or she personally heard the testimony in the case, unless the matter’s disposition does not depend on the credibility of any witness and the record provides a reasonable basis for evaluating the testimony.

    (b) If a presiding officer has been delegated the authority to conduct a hearing in the absence of a majority of the members of the board who are to render a final decision, the presiding officer shall submit to the board a written proposal for decision, which shall contain a statement of the reasons for the decision and findings of fact and rulings of law necessary to the proposed decision.

    (c) If a proposal for decision in a matter not personally heard by all board members voting on the decision is adverse to a party to the proceeding other than the board itself, the board shall serve a copy of the proposal for decision on each party to the proceeding and provide an opportunity to file exceptions and present briefs and oral arguments to the board.

    (d) A proposal for decision shall become a final decision upon its approval by the board.

   (e) A board shall keep a decision on file in its records for at least 5 years following the date of the final decision or the date of the decision on any appeal, unless the director of the division of records management and archives of the department of state sets a different retention period pursuant to rules adopted under RSA 5:40.

PART Geo 213 MOTION FOR REHEARING

Geo 213.01 Purpose The rules in this part are intended to supplement any statutory provisions, including RSA 541, that require or allow a person to request a rehearing of a decision of the board prior to appealing the decision.

Geo 213.02 Applicability. The rules in this part shall apply whenever any person has a right under applicable law to request a rehearing of a decision prior to filing an appeal of the decision with the court having appellate jurisdiction.

Geo 213.03 Filing and Content of Motion

    (a) A motion for rehearing shall be filed within 30 days of the date of the board decision or order.

    (b) A motion for rehearing shall:

        (1) Identify each error of fact, error of reasoning, or error of law which the moving party wishes to have reconsidered;

        (2) Describe how each error causes the board's decision to be unlawful, unjust or unreasonable, or illegal in respect to jurisdiction, authority or observance of the law, an abuse of discretion or arbitrary, unreasonable or capricious.

        (3) State concisely the factual findings, reasoning or legal conclusion proposed by the moving party; and

        (4) Include any argument or memorandum of law the moving party wishes to file.

Geo 213.04 Standard for Granting Motion for Rehearing.

    (a) A motion for rehearing in a case subject to appeal under RSA 541 shall be granted if it demonstrates that the board's decision is unlawful, unjust or unreasonable.

    (b) A motion for rehearing in a case subject to appeal by petition for writ of certiorari shall be granted if it demonstrates that the board's decision is illegal in respect to jurisdiction, authority or observance of law, an abuse of discretion or arbitrary, unreasonable or capricious.

Geo 213.05 Decision on Motion for Rehearing. The board shall grant or deny a motion for rehearing, or suspend the order or decision pending further consideration within 10 days of the filing of the motion for rehearing.

PART Geo 214 RULEMAKING HEARINGS

Geo 214.01 Purpose. The purpose of this part is to provide a uniform procedure for the conduct of public hearings at which comment from the general public will be solicited for evaluation and consideration by the board relative to rulemaking.

Geo 214.02 Scope.

    (a) These rules shall apply to all hearings required by state law to be conducted by the department at which public comment shall be solicited, except that they shall not apply to adjudicative hearings.

    (b) If any requirement set by these rules conflicts with an applicable statute such other authority shall control.

Geo 214.03 Notice.

(a) A public comment hearing concerning rulemaking shall be commenced by placing notice of the hearing in the "Rulemaking Register" so that it shall appear at least 20 days prior to the hearing date.

(b) Notice for rulemaking public comment hearings shall comply with RSA 541-A:6, I.

(c) Nothing in these rules shall prohibit the board from giving greater notice than the minimums set out in this part.

Geo 214.04 Media Access.

    (a) Public comment hearings shall be open to the print and electronic media.

    (b) The moderator shall place limits on the activities of the media to avoid disruption in the following ways:

(1) Limit the number of media representatives when their presence is disproportionate to the number of citizens present and shall cause citizens to be excluded;

(2) Limit the placement of television cameras to certain locations in the hearing room; and

(3) Prohibit interviews from being conducted within the hearing room during the hearing.

Geo 214.05 Moderator

    (a) The hearing shall be presided over by a moderator who shall be the board chairperson or a designee.

    (b) The moderator shall:

(1) Call the hearing to order;

(2) Cause a recording of the hearing to be made;

(3) Place limits on the media to avoid disruption as set out in Geo 214.04(b);

(4) Recognize those who wish to be heard and establish the order thereof;

(5) Limit the time for each speaker, as set out in Geo 214.06(b);

(6) Remove or have removed any person who disrupts the hearing;

(7) Adjourn the hearing; and

(8) Provide opportunity for the submission of written comments.

Geo 214.06 Public Participation.

    (a) Any person who wishes to speak on the issue or issues which are the subject of the hearing shall place his or her name and address on a speakers' list before the last speaker on the list has finished speaking. All whose names appear on the speakers' list, as provided, shall be afforded reasonable time to speak at the hearing. Reasonable time shall be determined considering the number of people who wish to be heard, the time and the availability of the facility.

    (b) The board, through the moderator, shall:

(1) Refuse to recognize a person who refuses to give his or her full name and address;

(2) When a group or organization wishes to comment, limit the group to no more than 3 spokespersons, provided that the members who are present shall be allowed to enter their names and addresses into the record as supporting the position by the group or organization;

(3) Revoke recognition of a speaker who speaks or acts in an abusive or disruptive manner; or

(4) Revoke recognition of a speaker who refuses to keep his comments relevant to the issue or issues which are the subject of the hearing.

    (c) Written comments may be submitted any time from the time notice has been published until the record has been closed by the moderator, which shall not be less than 7 calendar days after the hearing.

   (d) In the event that the number of speakers who wish to give oral testimony relevant to the issue or issues involved exceed that number which can be heard within a reasonable period of time subject to facility availability and length of the hearing, the hearing shall be reconvened pursuant to applicable provisions in RSA 541-A to afford such persons the opportunity to be heard. Speakers may elect to submit written testimony in lieu of additional oral hearing.

PART Geo 215 PETITIONS FOR RULEMAKING

Geo 215.01 Petition for Rulemaking.

    (a) Any person may request the board to commence a proceeding for the purpose of adopting, amending, or repealing a rule by filing a written petition that contains:

(1) A statement of the petitioner's request for the proposed rule;

(2) The text of the proposed rule or a statement of the particular results intended by the petitioner's interest in the subject matter of the proposed rule;

(3) An identification of the particular rule sought to be amended or repealed;

(4) Any data or argument the petitioner believes would be useful to the board in deciding whether to commence a rulemaking proceeding; and

(5) Name, address, signature of petitioner and date.

Geo 215.02 Disposition of Petition.

    (a) The board shall consider all petitions for rulemaking and proceed pursuant to RSA 541-A:4. The board shall request additional data or argument from the petitioner or other interested persons to clarify the argument.

    (b) If the data or argument fails to support the petition, the board shall state the reason therefore in the order.

    (c) If the data or argument supports the petition, the board shall commence rulemaking in accordance with RSA 541-A:3 et. seq.

PART Geo 216 DECLARATORY RULINGS

Geo 216.01 Petitions.

    (a) Any person may request a declaratory ruling from the board on matters within its jurisdiction by filing an original and 5 copies of a petition pursuant to Geo 206.02 (b).

    (b) A petition for declaratory ruling shall also set forth the following information:

(1) The exact ruling being requested; and

(2) The statutory and factual basis for ruling, including any supporting affidavits or memoranda of a law.

Geo 216.02 Action on Petitions.

    (a) The petitioner shall provide such further information or participate in such evidentiary or other proceedings as the board shall direct after reviewing the petition and any replies received.

    (b) Upon review and consideration, the board shall within 90 days rule on the petition pursuant to Geo 206.02 (d).

PART Geo 217 EXPLANATION AFTER ADOPTION

Geo 217.01 Explanation after Adoption.

    (a) Any person may request an explanation regarding adoption of the rules pursuant to RSA 541-A:11, VII by submitting a request to the board.

    (b) The request shall be considered at the next scheduled board meeting and the board shall issue a response within 45 days after consideration.

CHAPTER Geo 300 LICENSURE REQUIREMENTS    Back To Top

PART Geo 301 APPLICATION REQUIREMENTS

Geo 301.01 Application Process.

    (a) Persons wishing to become licensed as a professional geologist shall submit an application form provided by the board which contains the information specified in Geo 301.02 including the application fee specified in Geo 305.02

    (b) The board shall acknowledge receipt of an application within 60 days of acceptance for filing and shall notify the applicant of any deficiencies in the application. Failure to remedy the deficiencies within 60 days shall result in denial of the application. An application shall be considered on file with the board when all deficiencies are corrected.

    (c) If the application is denied, the applicant shall be provided an opportunity to request a hearing for reconsideration pursuant to Geo 213.03 on the deficiency issues identified by the board. Any such request shall be made in writing and received by the board within 30 days of the receipt of the notification of denial.

    (d) Applications which are abandoned or have had no communication by the applicant to the board for one year shall be destroyed.

Geo 301.02 Application for Licensure.

    (a) Each applicant for licensure shall provide, or cause to be provided,

        (1) The applicant’s name, including any names previously used; the following on a form supplied by the board:

        (2) The applicant’s residence and business addresses and telephone numbers;

        (3) The applicant’s date of birth, place of birth, and citizenship;

        (4) The applicant’s positions, dates of employment, title, and present address of employer;

        (5) Character of employment including types of work performed and degree of responsibility;

        (6) Name and present address of someone familiar with each position;

        (7) The applicant’s educational history including the names of all high school and post-secondary institutions attended, the dates of attendance and degrees awarded and certified copies of transcripts from all post-secondary institutions attended;

        (8) A listing of every state in which the applicant holds or has ever held registration/licensure as a professional geologist;

        (9) Whether the registration/license is now in force and if not, the reasons why it is not in force;

        (10) Whether the applicant has ever lost or been denied registration /licensure as a professional geologist or disciplined by another licensing board in any other state and if so, an explanation of the circumstances;

        (11) Whether the applicant has ever taken the National Association of State Boards of Geology (ASBOG) Fundamentals of Geology examination, and if so, the location, date and grade awarded;

        (12) Whether the applicant has ever taken the National Association of State Boards of Geology (ASBOG) Practice of Geology examination, and if so, the location, date and grade awarded;

    (13) Whether the registration /licensure as a professional geologist was issued by examination and if so, the location, date and grade awarded;

        (14) A statement indicating that the applicant has adhered to the ethical
and professional standards of the profession;

        (15) Whether the applicant has ever been convicted of any felony or any misdemeanor, or a violation involving geology or the practice of professional geology and if so, the name of the court, the details of the offense and the date of conviction and the sentence imposed;

    (16) The names, complete addresses, occupation and business relationship with applicant of 5 references as specified in Geo 302.03;

    (17) A list of current memberships in professional or scientific societies, including:

                a. Name of organization;
                b. Location;
                c. Grades;
                d. Dates of memberships;
                e. Geological publications; and
                f. Any additional experience information the
                applicant wishes to provide.

    (b) The applicant’s signature under penalty of unsworn falsification.

    (c) Each applicant for licensure who is a graduate of a non United States or Canadian institution shall have his/her transcripts sent directly from the institution to World Education Services or a similar translation and authentication service which specializes in evaluating educational credentials for translation and authentication. The applicant shall request translation and authentication be sent from the translation and authentication organization directly to the board office for evaluation by the board.

    (d) Applicants shall pay the application fee specified in Geo 305.02

PART Geo 302 QUALIFICATIONS OF APPLICANTS

Geo 302.01 Candidate Requirements.

    (a) Candidates for licensure shall meet the requirements established by RSA 310-A:125 before a license shall be granted. The board shall require that applicants appear for a personal audience with the board if their records of education or experience are unclear, contradictory or incomplete. The candidate shall provide documentation of his or her work products to help determine competency.

    (b) The candidate shall have performed no misconduct as set forth in RSA 310-A:133.The board shall consider all available evidence for all candidates for licensure, prior to granting any license. Substantiated evidence of failure to adhere to the ethical standards of the profession or misconduct as set forth in RSA 310-A:133 shall result in denial of licensure to any candidate.

    (c) Qualifications shall be determined as follows:

    (1) The applicant shall have a bachelor’s degree in geology or a bachelor’s degree in a related field which included 30 credit hours or 45 quarter hours in geology from an accredited 4-year college; or

    (2) The applicant shall have a master’s or doctoral degree from a graduate program from an accredited institution in geology or a related field including, but not limited to, degrees or credit hours in geochemistry, geohydrology, geomorphology, geophysics, groundwater geology, engineering geology, environmental geology, hydrogeology, hydrology, marine geology, mineralogy, mining geology, paleontology, petrography/petrology, sedimentology/stratigraphy/historical geology, or water resources studies;

    (3) The applicant shall present evidence satisfactory to the board of at least 5 years of experience in the practice of geology, of which at least 3 years must have been under the supervision of a licensed professional geologist or a geologist who otherwise meets the requirements of a licensed professional geologist as determined by the board; and

    (4) Unless otherwise provided pursuant to Geo 303.03 (a), the applicant shall take the fundamentals and practice of geology examinations distributed by the National Association of State Boards of Geology (ASBOG) and achieve a passing score.

Geo 302.02 Experience Requirements.

   (a) Experience in the practice of geology shall be determined pursuant to RSA 310-A:125 as follows:

        (1) Experience in the practice of geology obtained per Geo 302.02 (b), shall count towards the experience in the practice of geology under the supervision of a professional geologist required per Geo 302.01 (c) (3), if the supervising geologist met the education and experience qualifications of Geo 302.01 (c) at the time of the relevant experience.

        (2) Experience in the practice of geology shall not include routine sampling, laboratory work or geological drafting.

        (3) A completed academic year of graduate study in geology may be applied either toward a year of the experience requirement up to a total maximum of two years, or to the education requirement of Geo 302.01 (c), but not to both; and

        (4) Each completed academic year of college or graduate level teaching in geology may be applied toward one year of the experience requirement.

    (b) The board shall issue licenses without examination to applicants whose applications for licensure have been received during a one-year period following the effective date of the initial adoption of the board’s administrative rules adopted pursuant to RSA 541-A, and who either meet the education and experience requirements of Geo 302.01 (c) or who provide evidence satisfactory to the board of knowledge and experience equivalent to such requirements.

    (c) Whenever information presented in an application for licensure or renewal is determined by the board to be incomplete, the board shall require additional information as necessary to determine if the application requirements have been met.

Geo 302.03 References Required.

    (a) Each applicant for licensure shall provide the board with the names and addresses of at least 5 individuals, who shall provide references, and are not related to the applicant. At least 3 of the references shall be individuals having personal or professional knowledge of the applicant's professional geology experience. At least 3 of the references shall be licensed professional geologists as defined by RSA 310-A:118, IV, having detailed knowledge of the applicant's geology experience.

    (b) Pursuant to RSA 310-A:128, II, references relating to experience in the practice of geology performed prior to the effective date of the adoption of these rules may be provided by either a professional geologist or a person practicing the profession of geology.

    (c) The board shall use as references any individuals, whose names appear in any part
of the completed application.

Geo 302.04 Information from References.

    (a) Information from references shall be requested by the board on forms provided by the board as follows:

        (1) Applicant’s name;

        (2) Reference’s name and address, relationship to the applicant, and status as a licensed professional geologist as defined in RSA 310-A:118, IV; and

        (3) A brief description of the reference’s knowledge of the applicant’s qualifications in the practice of geology.

    (b) The reference shall sign and date the form.

Geo 302.05 Additional References. The board shall require of the applicant the names and addresses of additional references if the original information provided by the references is unclear, incomplete or contradictory.

Geo 302.06 Denial of Application. An application shall be denied if, after notice and an opportunity for hearing, there is a finding that:

    (a) The applicant, or someone acting on the applicant's behalf, has submitted false information to the board in connection with the application;

    (b) Evidence of past disciplinary action taken by another licensing body or a professional society or association, indicates the applicant cannot be relied upon to practice competently, safely and honestly, or adhere to the standards of conduct required by Geo 500;

    (c) Evidence of conviction of a felony or misdemeanor indicates the applicant cannot be relied upon to practice competently, safely and honestly, or adhere to the ethical standards required by Geo 500;

    (d) Evidence of behavior that would violate the ethical standards of Geo 500, indicates the applicant cannot be relied upon to practice competently, safely and honestly, or adhere to the ethical standards required by Geo 501.03;

    (e) The applicant failed to meet the educational and experience requirements of Geo 302; and

    (f) The applicant failed to successfully pass the examinations required per Geo 303.01.

PART GEO 303 Examination Requirements

Geo 303.01 Examination Requirements.

    (a) The board shall hold the Fundamentals of Geology and Practice of Geology, written national examinations semi-annually in March and September each year on dates set by the National Association of State Boards of Geology (ASBOG).

    (b) All applicants for licensure shall have successfully passed the National Association of State Boards of Geology (ASBOG) Fundamentals of Geology examination.

    (c) All applicants for licensure shall have successfully passed the National Association of State Boards of Geology (ASBOG) Practice of Geology examination.

Geo 303.02 Re-Examinations. Candidates failing an examination shall be entitled to re-examination upon payment of the examination fee pursuant to Geo 305.02.

Geo 303.03 Exemption from Examinations.

    (a) Pursuant to RSA 310-A:125 II, no examination shall be required for professional geologist candidates who provided completed applications within one year after the effective date of the adoption of the board’s rules.

    (b) Pursuant to RSA 310-A:131 I, no examination shall be required for professional geologist candidates who are licensed by reciprocity provided the other state’s licensing requirements are substantially equivalent to or more stringent than those of this state.

PART GEO 304 RECIPROCITY

Geo 304.01 Reciprocity. Candidates for licensure who are licensed/registered in another state, provided that the other state’s licensure/registration requirements are substantially equivalent to or more stringent than those of this state, shall apply to the board for licensure on a form provided by the board as specified in Geo 301.02 and pay the fee per Geo 305.02. Verification of licensure and examination shall be determined by verification of the requirements of the state of origin. The verification shall be obtained by the candidate for licensure and submitted to the board directly from the verifying state for approval.

PART Geo 305 APPLICATION/EXAMINATION/LICENSURE FEES

Geo 305.01 Fees. All fees shall be paid in the form of cash, money order, bank draft, or check made payable to "Treasurer, State of New Hampshire," and shall be non-refundable.

Geo 305.02 Application/Examination/Licensure Fees. The fees shall be as follows:

    (a) The application fee for licensure as a professional geologist shall be $200.00.

    (b) The fee for the fundamentals of geology examination shall be $200.00.

    (c) The fee for the practice of geology examination shall be $200.00.

    (d) The certificate of licensure fee for applicants shall be $30.00.

   (e) The biennial renewal fee shall be $150.00.

    (f) If the renewal is not received by the date of expiration there shall be a late fee of 20 percent per month.

    (g) The fee for reinstatement pursuant to Geo 401.05 shall be $510.

   (h) The temporary permit fee shall be $200.00.

   (i) The fee for verification of licensure shall be $10.

    (j) The fee for replacement of a lost or mutilated certificate of licensure shall be $30.

    (k) The fee for administration of examination for the fundamentals of geology examination for another jurisdiction shall be $100.00.

    (l) The fee for administration of examination for the practice of geology examination for another jurisdiction shall be $100.00.

PART Geo 306 TEMPORARY PERMIT

Geo 306.01 Temporary Permit.

    (a) A person who is eligible to be licensed as a professional geologist in New Hampshire by reciprocity may apply for a temporary permit for a specific project in this state not to exceed an aggregate of 30 days in any one calendar year.

    (b) Applicants for temporary permits shall provide, or cause to be provided, the following on a form provided by the board:

        (1) The applicant’s name, including any names previously used;

        (2) The applicant’s business addresses and telephone numbers;

        (3) State currently licensed in and license number, expiration date;

        (4) Project title, location and brief description of the specific project in the state; and

        (5) Applicant’s professional geologist stamp of jurisdiction in which applicant is licensed/registered.

        (6) Applicant’s signature.

    (d) Applicant shall submit the application fee specified in Geo 305.02.

PART Geo 307 CREDENTIALS

Geo 307.01 License. An applicant for licensure as a professional geologist, who has met satisfactorily all the requirements of RSA 310-A and who has paid all of the fees, shall be issued a license by the board. The licensee shall be issued a license authorizing the practice of geology that shall show the name of the licensee, shall have a serial number, and shall be sealed and signed by the members of the board.

Geo 307.02 Pocket Cards. Biennially, the board shall issue a pocket card upon receipt of the biennial renewal form and fee. The card shall certify that the geologist holds a license in good standing and is authorized to practice geology to the date of expiration as shown on the card.

Geo 307.03 Licensed Professional Geologist Seal/Stamp.

    (a) The board shall upon issuance of a license to an applicant as a licensed geologist, require the licensee to acquire an impression type seal or rubber stamp of the design specified by these rules. This seal shall bear the licensee's name and number as shown on the license. This seal, signature of the licensee and date shall be affixed on all papers or documents involving the practice of geology prepared by the licensee issued or filed for public record.

    (b) The seal shall consist of 2 concentric circles with the outer circle having a diameter of 1-5/8 inches and the inner circle diameter 1-1/4 of an inch. In the space between the circles at the top shall be the words "State of New Hampshire" and at the bottom "Professional Geologist." In the space inside the inner circle shall be the full name of the licensee above an image of a crossed geological hammer and compass. The license number shall be written so as to span the image. The
word "Licensed" shall be written at the bottom following the curve of the inner circle, above the words "Professional Geologist."

    (c) It shall be a violation of these rules for the licensee to stamp or seal any documents
with his/her seal after his/her license has expired, been revoked or suspended. It shall be a violation of these rules for the licensee to stamp or seal any documents not prepared by him or her personally or under his/her direct supervision.

CHAPTER Geo 400 CONTINUED STATUS    Back To Top

PART Geo 401 RENEWAL OF LICENSE

Geo 401.01 Expirations and Renewals. Pursuant to RSA 310A:132, licenses shall be renewed by written application prior to the expiration date and by payment of the prescribed renewal fee. The board shall notify each professional geologist 2 months prior to expiration of his/her license.

Geo 401.02 Renewal of License. Any licensee wishing to renew a license shall submit:

    (1) The renewal application supplied by the board;

    (2) The fee specified in Geo 305.02 (e); and

    (3) If the renewal is not received by the date of expiration there shall be a late fee of 20 percent per month.

Geo 401.03 Renewal Application. The applicant shall supply the following information on the application form for license renewal:

    (a) The applicant’s full name;

    (b) The applicant’s business address and telephone number;

    (c) The applicant’s home address and telephone number;

    (d) Documentation that the applicant has complied with the continuing education requirements of Geo 403;

    (e) A statement indicating any disciplinary or legal action brought against the applicant for his/her services as a professional geologist;

    (f) A statement indicating that the applicant has adhered to the ethical and professional standards of Geo 500;

    (g) A representation that the applicant acknowledges that the provision of false information in the application recklessly provided is a basis for disciplinary action by the board; and

    (h) The applicant’s signature and date.

Geo 401.04 Denial of Renewal.

    (a) Renewal shall be denied if, after notice and an opportunity for hearing, there is a finding of:

        (1) Noncompliance with the continuing education requirements of Geo 403;

        (2) Any unethical act for which discipline shall be imposed under Geo 500;

        (3) Reasons for which an initial application would have been denied; or

        (4) Failure to furnish complete or accurate information on a renewal license application.

    (b) The board shall notify the applicant of any deficiencies in the renewal application within 60 days of acceptance for filing. Failure to remedy the deficiencies within 60 days shall result in denial of the renewal application. An application shall be considered on file with the board when all deficiencies are corrected.

Geo 401.05 Reinstatement. A professional geologist whose license to practice geology in this state has been allowed to lapse for a period of 12 months or more shall:

    (a) File a reinstatement application with the board that shall include at least the following:

        (1) The applicant’s full name;

        (2) The applicant’s business address and telephone number;

        (3) The applicant’s home address and telephone number;

        (4) Documentation that the applicant has complied with the continuing education requirements of Geo 403;

        (5) A statement indicating any disciplinary or legal action brought against the applicant for his/her services as a professional geologist;

        (6) A statement indicating that the applicant has adhered to the ethical and professional standards of Geo 500;

        (7) A representation that the applicant acknowledges that the provision of false information in the application is a basis for disciplinary action by the board;

        (8) The names, complete addresses, occupation and business relationship with applicant of 3 references from licensed professional geologists as defined by RSA 310-A:118, IV; and

        (9) The applicant’s signature and date.

    (b) Applicants shall submit the application and reinstatement fees as specified in Geo305.02.

    (c) Applications for reinstatement shall be denied for the reasons specified in Geo 401.04.

PART Geo 402 DISCIPLINARY MATTERS

Geo 402.01 Initiation of Disciplinary Action. The board shall undertake misconduct
investigations, settlements of misconduct allegations, or disciplinary hearings, when warranted, in response to information which reasonably suggests that a licensee has engaged in professional misconduct.

Geo 402.02 Disciplinary Sanctions.

    (a) The board shall impose disciplinary sanctions only:

        (1) After prior notice and an opportunity to be heard; or,

        (2) Pursuant to a mutually agreed upon settlement or consent decree.

    (b) When the board receives notice that a licensee has been subjected to disciplinary action related to professional conduct by the licensing authority of another jurisdiction, where the license was not reinstated, the board shall issue an order directing the licensee to demonstrate why reciprocal discipline should not be imposed in New Hampshire.

    (c) After a finding that misconduct has occurred, the board shall impose one or more of the disciplinary sanctions authorized by RSA 310-A:133 and RSA-135, V after considering the presence of aggravating or mitigating circumstances.

   (d) The following shall be considered aggravating circumstances:

        (1) The seriousness of the offense;

        (2) The licensee's prior disciplinary record;

        (3) The licensee's state of mind at the time of the offense;

        (4) The licensee’s lack of willingness to cooperate with the board; and

        (5) The potential harm to public health and safety.

    (e) The following shall be considered mitigating circumstances:

        (1) The absence of a prior disciplinary record;

        (2) The licensee’s state of mind at the time of the offense;

        (3) The licensee’s acknowledgement of his or her wrongdoing; and

        (4) The licensee’s willingness to cooperate with the board.

    (f) Copies of board orders imposing disciplinary sanctions and copies of all settlement agreements or consent decrees shall be sent to the licensing body of each state in which the licensee is licensed and to such other entities, organizations, associations, or boards as are required to be notified under applicable state or federal law.

PART GEO 403 CONTINUING EDUCATION

Geo 403.01 Continuing Education Requirements

    (a) A renewal application shall not be accepted for filing unless the licensee indicates on the renewal application, and under penalty of unsworn falsification, that he/she has completed the minimum required hours of approved continuing education required by 403.01 (b) and lists the specific basis for each credit.

    (b) Each licensee shall obtain at least 24 hours of continuing education activities during the biennial renewal period as a condition of license renewal.

Geo 403.02 Continuing Education Requirements for New Licensees. New licensees shall obtain 12 continuing education hours for their first biennial renewal period.

Geo 403.03 Requirements for Reciprocity Licensees who are residents of jurisdictions other than New Hampshire shall meet the continuing education or equivalent
requirements of their resident jurisdiction. The requirements for the State of New Hampshire shall be satisfied when a non-resident licensee provides evidence of having met the continuing education or equivalent requirements of their resident jurisdiction. If licensees reside in a jurisdiction that has no continuing education requirements, the resident shall meet the requirements of the State of New Hampshire.


Geo 403.04 Reinstatement. In addition to the requirements set forth in Geo 401.05, an applicant for reinstatement shall obtain 12 additional hours of continuing education activity for a total of 36. Additional hours shall be for the current reinstatement period only; none may be carried over into the licensee’s subsequent biennial renewal period.

Geo 403.05 Continuing Education Requirements. Continuing education activities shall meet the following criteria:

    (a) Continuing education activities shall be relevant to the practice of geology  or no credit shall be awarded. Such continuing education activities may include technical, ethical, or managerial content;

    (b) The content of each activity shall be well organized and presented in a sequential manner;

    (c) The activity shall be led by persons who are qualified by education or experience and monitored by the sponsoring organization; and

    (d) There is a provision for individual participant registration
which shall include information required for record keeping and reporting.

Geo 403.06 Continuing Education Activity Hours. Hours for continuing education activities shall be awarded as follows:

    (a) A maximum of 2 continuing education hours per year shall apply to
activity on a state or national board of licensure;

    (b) Courses/programs awarded one or more college semester credit
hours, with a passing grade where grades are issued, shall equal 15 continuing education hours per credit hour based on course credit established by the college or university;

    (c) Courses/programs awarded one or more college quarter hours,
with a passing grade where grades are issued, shall equal 10 continuing education hours per credit hour based on course credit established by the college or university;

    (d) Courses/programs awarded one or more continuing education
units by the course sponsor, with a passing grade where grades are issued, shall equal 10 continuing education hours per CEU;

    (e) One hour of credit shall be awarded for each hour of continuing education in course work, seminars, or professional technical presentations made at meetings, conventions, or conferences for each hour of attendance;


    (f) Field trips organized and run by professional and/or technical societies or in conjunction with meetings, conventions, or conferences shall be awarded one continuing education hour for each hour of duration, up to 8 continuing education hours per day.

    (g) Teaching or instructing qualifying courses or seminars or
making presentations at technical meetings shall earn continuing education hours at a rate twice that of participants. Teaching credit shall be valid for teaching a course or seminar for the first time only. Teaching credit shall not apply to full-time faculty teaching courses that are part of their normal teaching load;

    (h) Each professional journal article, published paper, published
geological map, or published geology text book shall equal 16 continuing education hours;

    (i) Active participation in professional or technical societies shall equal one continuing education hour per year and shall require that the licensee serve as an officer and/or actively participate in a committee of the organization. Continuing
education hours shall not be earned until each year of service is completed and shall be limited to 2 continuing education hours per organization, with a maximum of 4 continuing education hours per renewal period;

    (j) Continuing education hours shall not be awarded for any repeat activity attended or completed.

Geo 403.07 Record Keeping.

    (a) Maintaining records to be used to support continuing education hours claimed shall be the responsibility of the licensee.

    (b) Records shall contain at least the following documentation:

        (1) A log showing:

                a. The type of activity claimed;

                b. Sponsoring organization;

                c. Address;

                d. Contact information;

                e. Location;

                f. Instructor's or speaker's name and title, and

            g. Number of continuing education hours earned.


    (2) Attendance verification records in the form of completion certificates
or other documents supporting evidence of attendance such as:

                a. Signed attendance receipts;
                b. Paid receipts;
                c. A copy of a listing of attendees signed by a person responsible for course or program or the course or program provider;

    (c) The licensee shall retain attendance verification records for a period of at least 3 years. Such documentation shall be made available to the board for random audit and/or verification purposes. Documentation shall support continuing education hours claimed. Failure to provide documentation for audit verification shall result in disciplinary action.

    (d) Not less than 5 percent of the licensees shall be randomly selected each year by the board for compliance with Geo 403.01.

Geo 403.08 Exemptions. A licensee shall be exempt from the continuing education requirements as follows:


    (a) A licensee serving on temporary active duty in the armed forces of the United States for a period of time exceeding 120 consecutive days in a year shall be exempt from obtaining 12 of the continuing education hours required.

    (b) Licensees experiencing disability, illness, or other extenuating circumstances which would prevent the licensee from completing the required continuing education hours shall apply in writing to the board for specific exemption. Relevant supporting documentation shall be furnished to the board when necessary for a fair and informed determination by the board.

Geo 403.09 Waiver of Continuing Education Deadline. A licensee may request waiver of continuing education deadlines provided that a petition to that effect is filed at least 30 days before the expiration of the biennial continuing education period in question, or that late filing is justified by a showing of good cause. Good cause shall include accident, illness or other extenuating circumstances beyond the control of the licensee which actually prevents the licensee from satisfying the continuing education requirements. No waiver petition shall be granted which does not propose a specific timetable for completing specific activities that will eliminate the petitioner's continuing education deficiency.

Geo 403.10 Noncompliance. Failure to complete continuing education requirements in a timely fashion, or failure to submit documentation which establishes
that said requirements were so completed, shall after notice and opportunity for hearing, result in disciplinary action pursuant to Geo 402.02 unless a waiver petition has been timely filed and duly granted by the board.

CHAPTER Geo 500 ETHICAL STANDARDS AND LICENSE SURRENDER    Back To Top

PART Geo 501 ETHICAL STANDARDS

Geo 501.01 Purpose and Scope.

    (a) In order to safeguard the life, health, property and welfare of the public and to establish and maintain a high standard of integrity in the professional practice of geology the following rules of professional conduct are promulgated in accordance with RSA 310-A.

    (b) These rules shall be binding upon every person holding a license as a professional geologist in this state.

Geo 501.02 Obligation To Obey

    (a) Violation of these ethical standards shall result in disciplinary sanctions. Conduct proscribed by these ethical standards, when performed by a candidate for licensure as a professional geologist in this state, or during a prior period of licensure, shall result in denying a license application.

    (b) All persons licensed under RSA 310-A shall be considered to have knowledge of the existence of these rules of professional conduct, and shall be deemed to be familiar with their several provisions. Such knowledge shall encompass the understanding that the practice of the profession of geology is a privilege, as opposed to a right, and the licensed professional geologist shall be forthright and candid in the licensee's statements or written response to the board or its representatives on matters pertaining to professional conduct.

    (c) Licensees shall submit only truthful and correct information in any application or other document filed with or statement made to the board.

    (d) Licensees shall inform the board of a principle business/home address to which all official board communications should be directed, and also of all addresses where he/she is practicing. The establishment of a business/home address or the change or abandonment of a business/home address shall be reported to the board within 30 days.

Geo 501.03 Standards of Conduct.

    (a) The licensed professional geologist shall hold paramount the safety, health and welfare of the public.

   (b) The licensed professional geologist shall:

(1) Perform his/her services only in areas of his/her competence;

(2) Issue statements only in an objective and truthful manner;

(3) Act for each employer or client as faithful agents or trustees;

(4) Not engage in deceptive acts;

(5) Conduct himself/herself honorably, responsibly, ethically, and lawfully so as to enhance the honor, reputation, and usefulness of the profession;

(6) Undertake to perform geology assignments only when qualified by education or experience in the specific technical field of professional geology involved;

(7) Accept an assignment requiring education or experience outside of his/her own field of competence, but only to the extent that his/her services are restricted to those phases of the project in which he/she is qualified. All other phases of such project shall be performed by qualified persons

(8) Not affix his/her signature or seal to any plan or document dealing with subject matter for which he/she lacks competence by virtue of education or experience, nor to any such plan or document not prepared under his/her direct supervisory control, however he/she may affix his/her seal and signature to drawings and documents depicting the work of 2 or more professionals provided he/she designates by a note under his/her seal the specific subject matter for which he/she is responsible; and

(9) Exercise direct supervisory control, responsible charge which requires a licensee or employee to carry out all client contracts, provide internal and external financial control, oversee employee training and exercise control and supervision over all jobs requirements to include research, planning, design, field supervision and work product review. A licensee shall not contract with a non-licensed individual to provide these professional services.

    (c) The licensed professional geologist shall issue public statements only in an objective and truthful manner.

    (d) The licensed professional geologists shall:

                (1) Be objective and truthful in all professional reports, statements or  
                  testimony, and include all relevant and pertinent information in such reports,
                 statements or testimony;

(2) When serving as an expert or technical witness before any court, commission, or other tribunal, express an expert opinion only when it is founded upon adequate knowledge of the facts in issue, upon a background of technical competence in the subject matter, and upon honest conviction of the accuracy and propriety of his/her testimony;

(3) Issue no statements, criticisms, or arguments on geological issues connected with public policy which are influenced or paid for by an interested party, or parties, unless he/she has prefaced his/her comment by explicitly identifying him/herself by disclosing the identities of the party or parties on whose behalf he/she is speaking, and by revealing the existence of any pecuniary interest he/she may have in the instant matters;

(4) Not attempt to injure, maliciously or falsely, directly or indirectly, the professional reputation, prospects, practice or employment of another geologist and

(5) If he/she believes that another licensed professional geologist is guilty of misconduct or illegal practice, he shall present such information to the board.

    (e) The licensed professional geologist shall avoid conflicts of interest.

    (f) The licensed professional geologist shall:

(1) Promptly inform his employer or client of any business associations, interests, or circumstances, which could influence his/her judgment, or the quality of his/her services;

(2) Not accept compensation, financial or otherwise, from more than one party for services pertaining to the same project, unless the circumstances are fully disclosed to, and agreed to, by all interested parties;

(3) Not solicit or accept financial or other valuable considerations from material or equipment suppliers for specifying their products;

(4) Not solicit or accept financial or other valuable considerations, directly or indirectly, from contractors, their agents, or other parties dealing with his/her client or employer in connection with work for which he/she is responsible;

(5) When in public service as a member, advisor, or employee of a governmental body or department, not participate in considerations or actions with respect to services provided by him/her or his/her organization in the private practice of the profession of geology;

(6) Not solicit or accept an geological contract from a governmental body on which a principal or officer of his/her organization serves as a member; and

(7) Not attempt to supplant another geologist in a particular employment after becoming aware that the other has been selected for employment.

    (g) The licensed professional geologist shall solicit or accept work only on the basis of his/her qualifications.

    (h) The licensed professional geologist shall:

(1) Not offer to pay, either directly or indirectly, any commission, political contribution, gift, or other consideration in order to secure work, exclusive of securing salaried positions through employment agencies;

(2) Compete for employment on the basis of professional qualification and competence to perform the work and shall not solicit or submit proposals for professional services containing false, fraudulent, misleading, deceptive or unfair statement or claim regarding the cost, quality or extent of services to be rendered;

(3) Not falsify or permit misrepresentation of his/her, or his/her associates’ academic or professional qualifications, or misrepresent his/her degree of responsibility in or for the subject matter of prior assignments; and

(4) Not distribute brochures or other presentations incident to the solicitation of employment which shall misrepresent pertinent facts concerning employers, employees, associates, joint ventures, or his/her or their past accomplishments with the intent and purpose of enhancing his/her qualifications and his/her work.

    (i) The licensed professional geologist shall perform his/her services in an ethical and lawful manner.

    (j) The licensed professional geologist shall:

(1) Not knowingly associate with or permit the use of his/her name in a business venture by any person or firm which he/she knows, or has reason to believe, is engaging in business or professional practices of a fraudulent or dishonest nature;

(2) If he/she has knowledge or reason to believe that another licensed professional geologist may be in violation of any of these provisions or provisions of RSA 310-A, present such information to the board in writing and cooperate with the board in furnishing such further information or assistance as may be required by the board; and

(3) Cooperate with investigations and requests for information from the board and the board’s representatives.

PART Geo 502 VOLUNTARY LICENSE SURRENDER

Geo 502.01 Procedure for Surrendering a License. Any person holding a license may voluntarily surrender that license by returning it to the board accompanied by a signed letter stating that he/she intends to surrender his/her license.

Geo 502.02 Effect of Voluntary License Surrender.

    (a) A licensee who voluntarily surrenders a license shall retain no right or privilege ofa New Hampshire licensee unless such a right or privilege is expressly preserved in the board order or settlement agreement authorizing the voluntary surrender. Subject to such possible preservations, a person who reapplies for licensure in New Hampshire after a voluntary surrender shall have the burden of proving compliance with all of the requirements then in effect for new applicants and professional character requirements.

    (b) Non-renewal of a license shall not preclude the board from investigating or completing a disciplinary proceeding based upon the licensee’s professional conduct while the license was still in effect. Nor shall surrender of a license preclude the board from investigating disciplinary proceedings not expressly referenced in the voluntary surrender order or settlement agreement. Such investigations and proceedings shall be handled in the same manner as other disciplinary investigations and proceedings.

Geo 502.03 Voluntary Surrender When Misconduct Allegations are Pending.

    (a) A licensee who wishes to surrender his or her license as part of a settlement of pending misconduct allegations shall make a written settlement offer to the board before the close of the record in a disciplinary hearing.

    (b) Any settlement agreement reached under (a), above, shall include the following
concessions:

        (1) That the license surrender has occurred in settlement of pending disciplinary charges; and

        (2) That the pending disciplinary allegations shall be fully resolved prior
to any future application filed by the licensee in New Hampshire.

    (c) The board shall decline to accept a settlement agreement under (a), above, if the board believes the licensee has unreasonably declined to disclose material information concerning the alleged misconduct or has refused to stipulate to the truth of specific material facts concerning the alleged misconduct which would be necessary to protect the public interest in the event the licensee subsequently reapplies for a license.

    (d) A licensee’s stipulation of facts shall be exempt from public disclosure to the extent permitted by RSA 91-A and if the public portion of the settlement agreement or surrender document expressly states that a separate, confidential stipulation of facts is on file with the board.

    (e) The fact of license surrender and the terms of any settlement agreement pertaining thereto shall be distributed to all relevant licensing authorities and professional societies in the same manner as a final decision containing specific finding of professional misconduct.

Not an Official Version

The Joint Board makes no warranty, express or implied, as to whether this document is correct, complete, up-to-date, or as to any other relative fact. Independent verification of the contents is essential.

 

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