THE NEW HAMPSHIRE CODE OF

ADMINISTRATIVE RULES

skip navigationTHE NEW HAMPSHIRE BOARD OF NATURAL SCIENTISTS

SOIL 100 & 200 ADOPTED 12/16/03

SOIL 300-500 VARIOUS SECTIONS ADOPTED 3/10/11

TABLE OF CONTENTS

 

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CHAPTER Soil 100 DEFINITIONS, ORGANIZATION AND PUBLIC INFORMATION

PART Soil 101 PURPOSE AND SCOPE

             PART Soil 102 DEFINITIONS

                        Section Soil 102.01 Terms Used

            PART Soil 103 BOARD ORGANIZATION

                        Section Soil 103.01      Duties and Responsibilities

                        Section Soil 103.02      Composition of the Board

                        Section Soil 103.03      The Chairperson and Vice Chairperson

                        Section Soil 103.04      Staff

                        Section Soil 103.05      Organization

                        Section Soil 103.06      Seal

                        Section Soil 103.07      Office Hours, Office Location, Mailing Address and Telephone.

            PART Soil 104 PUBLIC INFORMATION

                        Section Soil 104.01      Record of Board Actions

                        Section Soil 104.02      Custodian of Records

                        Section Soil 104.03      Roster Distribution

            PART Soil 105 MEETINGS, DELIBERATIONS AND DECISIONS

                        Section Soil 105.01      Meetings

                        Section Soil 105.02      Quorum

                        Section Soil 105.03      Board Meeting Procedures

                        Section Soil 105.04      Procedures

                        Section Soil 105.05      Tentative Decisions

            PART Soil 106 APPOINTMENT OF COMMITTEES

                        Section Soil 106.01      Committees

CHAPTER SOIL 200 PRACTICE AND PROCEDURE

            CHAPTER Soil 200  PRACTICE AND PROCEDURE

            PART Soil 201  PURPOSE AND SCOPE

                      Section Soil 201.01  Purpose and Scope

            PART Soil 202  DEFINITIONS

                      Section Soil 202.01  Purpose and Scope                   

            PART Soil 203  PRESIDING OFFICER: WITHDRAWAL AND WAIVER OF RULES

                      Section Soil 203.01  Presiding Officer; Appointment; Authority

                      Section Soil 203.02  Withdrawal of Presiding Officer

                      Section Soil 203.03  Waiver or Suspension of Rules by Presiding Officer         

            PART Soil 204 FILING, FORMAT AND DELIVERY OF DOCUMENTS

                      Section Soil 204.01  Date of Issuance or Filing

                      Section Soil 204.02  Format of Documents

                      Section Soil 204.03  Delivery of Documents           

            PART Soil 205 TIME PERIODS

                      Section Soil 205.01  Computation of Time                   

            PART Soil 206 MOTIONS AND PLEADINGS

                      Section Soil 206.01  Motions; Objections

                      Section Soil 206.02  Pleadings

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

                      Section Soil 207.01  Commencement of Hearing

                      Section Soil 207.02  Docket Numbers

                      Section Soil 207.03  Notice of Hearing

                      Section Soil 207.04  Appearances and Representation

                      Section Soil 207.05  Prehearing Conference 

            PART Soil 208 ROLES OF BOARD STAFF AND COMPLAINANTS

                      Section Soil 208.01  Role of Board Staff in Enforcement or Disciplinary Hearings

                      Section Soil 208.02  Role of complainants in Enforcement or Disciplinary Hearings

            PART Soil 209 INTERVENTION

                      Section Soil 209.01  Intervention

PART Soil 210 POSTPONEMENT REQUESTS AND FAILURE TO ATTEND
HEARING

                      Section Soil 210.01  Postponements

                      Section Soil 210.02  Failure to Attend Hearing                   

            PART Soil 211 REQUESTS FOR INFORMATION OR DOCUMENTS

                      Section Soil 211.01  Voluntary Production of Information

                      Section Soil 211.02  Motions to Compel Production of Information

                      Section Soil 211.03  Mandatory Pre-Hearing Disclosure of Witnesses and Exhibits

            PART Soil 212 RECORD, PROOF, EVIDENCE AND DECISIONS

                      Section Soil 212.01  Record of the Hearing

                      Section Soil 212.02  Standard and Burden of Proof

                      Section Soil 212.03  Testimony; Order of Proceeding

                      Section Soil 212.04  Evidence

                      Section Soil 212.05  Proposed Findings of Fact and Conclusions of Law

                      Section Soil 212.06  Closing the Record

                      Section Soil 212.07  Reopening the Record

                      Section Soil 212.08  Decisions

            PART Soil 213 MOTION FOR REHEARING

                      Section Soil 213.01  Purpose

                      Section Soil 213.02  Applicability

                      Section Soil 213.03  Filing and Content of Motion

                      Section Soil 213.04  Standard for Granting Motion for Rehearing

                      Section Soil 213.05  Decision on Motion for Rehearing      

            PART Soil 214 RULEMAKING PUBLIC COMMENT HEARINGS

                      Section Soil 214.01  Purpose

                      Section Soil 214.02  Scope

                      Section Soil 214.03  Notice

                      Section Soil 214.04  Media Access

                      Section Soil 214.05  Moderator

                      Section Soil 214.06  Public Participation                 

            PART Soil 215 PETITION FOR RULEMAKING

                      Section Soil 215.01 Petition for Rulemaking

                      Section Soil 215.02  Disposition of Petition

            PART Soil 216 DECLARATORY RULINGS

                      Section Soil 216.01  Petitions

                      Section Soil 216.02  Action on Petitions

            PART Soil 217 EXPLANATION AFTER ADOPTION

                      Section Soil 217.01  Explanation after Adoption                                                                                                     

            CHAPTER 300 CERTIFICATION REQUIREMENTS

           PART Soil 301 APPLICATION REQUIREMENTS

                        Section Soil 301.01      Application Process

                        Section Soil 301.02      Application Forms

                        Section Soil 301.03      Fees

                        Section Soil 301.04      Application/Certification/Examination Fees

                        Section Soil 301.05      Replacement Fee

                        Section Soil 301.06      Information from References for Soil Scientist Candidates

                        Section Soil 301.07      Information from References for Wetland Scientist Candidates

                        Section Soil 301.08      Additional References   

                         

            PART Soil 302 QUALIFICATION OF APPLICANTS

                        Section Soil 302.01      Candidates Requirements

                        Section Soil 302.02      Experience Requirements

                        Section Soil 302.03      Additional Requirements

                        Section Soil 302.04      Experience Requirements

                        Section Soil 302.05      Additional Requirements

           

            PART Soil 303 EXAMINATIONS

                        Section Soil 303.01      Examination Requirements for Soil Scientist Candidates

                        Section Soil 303.02      Examination Requirements for Wetland Scientist Candidates

                        Section Soil 303.03      Re-Examinations

 

            PART Soil 304 CREDENTIALS

                        Section Soil 304.01      Certificate

                        Section Soil 304.02      Certified Soil Scientist or Wetland Scientist Pocket Cards

                        Section Soil 304.03      Soil Scientist Seal

                        Section Soil 304.04      Wetland Scientist Seal

           

            PART Soil 305 REJECTIONS

                        Section Soil 305.01      Denial of Application

CHAPTER SOIL 400 CONTINUED STATUS     

           PART Soil 401 EXPIRATION AND RENEWALS

                        Section Soil 401.01      Renewal Notices

                        Section Soil 401.02      Renewal of Certificate

                        Section Soil 401.03      Renewal Application

 

            PART SOIL 402 DISCIPLINARY MATTERS

                        Section Soil 402.01      Initiation of Disciplinary Action

                        Section Soil 402.02      Disciplinary Sanctions

                        Section Soil 402.03      Administrative Fines

                        Section Soil 402.04      Procedures for Assessing and Collecting Fines

                       

            PART Soil 403 CONTINUING EDUCATION

           Section Soil 403.01      Renewal Requirements

                       Section Soil 403.02      Continuing Education Hour Requirements

                        Section Soil 403.03      Continuing Education Hours

                        Section Soil 403.04      Record Keeping

                        Section Soil 403.05      Exemptions

                        Section Soil 403.06      Waiver of Professional Development Hours Deadline

                        Section Soil 403.07      Noncompliance

                        Section Soil 403.08      Incomplete Applications or Denial of Renewal

CHAPTER SOIL 500 ETHICAL STANDARDS           

             PART Soil 501 RULES OF PROFESSIONAL CONDUCT

                        Section Soil 501.01      Purpose and Scope

                        Section Soil 501.02      Obligation to Obey

                        Section Soil 501.03      Standards of Conduct              

                         

PART Soil 502 VOLUNTARY CERTIFICATE SURRENDER

                        Section Soil 502.01      Procedure for Surrendering Certificate

            Section Soil 502.02      Effect of Voluntary Certificate Surrender

                        Section Soil 502.03      Voluntary Surrender When Misconduct Allegations

                                                            Are Pending

CHAPTER Soil 100 DEFINITIONS, ORGANIZATION AND PUBLIC INFORMATION

PART Soil 101 PURPOSE AND SCOPE

Soil 101.01 Purpose and Scope. The rules of this title implement the statutory responsibilities of the New Hampshire board of natural scientists created by RSA 310-A:81. These provisions regulate but are not limited to the certification of soil and wetland scientists and the practice of soil and wetland science in the state of New Hampshire.

PART Soil 102 DEFINITIONS

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

            (a) "Board" means the New Hampshire board of Natural Scientists created by RSA 310-A:81.

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

            (c) "Soil scientist" means, “soil scientist” as defined in RSA 310-A:76, II namely
"a person who, by reason of special knowledge of pedological principles acquired by professional education and practical experience, as specified by RSA 310-A:84, I and II, is qualified to identify, classify, and prepare soil maps according to the standards of the National Cooperative Soil Survey, or standards adopted by the New Hampshire department of environmental services, or standards adopted by the board, and who has been duly certified by the board."

            (d) "Wetland scientist" means, “wetland scientist” as defined in RSA 310-A:76, II-a namely "a person who, by reason of his or her special knowledge of hydric soils, hydrophytic vegetation, and wetland hydrology acquired by course work and experience, as specified by RSA 310-A:84, II-a and II-b, is qualified to delineate wetland boundaries and prepare wetland maps in accordance with standards for identification of wetlands adopted by the New Hampshire department of environmental services or the United States Army Corps of Engineers or its successor and who has been duly certified by the board."

PART Soil 103 BOARD ORGANIZATION

            Soil 103.01      Duties and Responsibilities The board shall administer the provisions of RSA 310-A:75-97 which include but are not limited to fostering intelligent application of the knowledge of soil properties and wetland characteristics in planning and implementing land use decisions in this state.      

Soil 103.02      Composition of the Board. Pursuant to RSA 310-A:81, I the board shall consist of 7 members who meet the eligibility requirements of RSA 310-A:81, I, II. 

            Soil 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.

            Soil 103.04  Staff. The board shall designate an executive director 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.                    

            Soil 103.05  Organization.  In October of even years, the board shall meet and
organize and, by election from among its members, select a chairperson, vice-chairperson
and secretary.

            Soil 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 2 inches and an inner circle having a diameter of 1.7 inches.  In the space between the two circles there shall be the words
“New Hampshire State Board of Certification for Natural Scientists”.  The inside inner circle shall be a New Hampshire Scene depicting
mountains, lakes and forests.

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

            (a)     The board’s office shall be located at the New Hampshire Joint Board, 121 South Fruit Street, 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 executive director at:

New Hampshire Joint Board
       121 South Fruit Street

      Concord
, N.H. 03301                                                     

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

PART Soil 104 PUBLIC INFORMATION

            Soil 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 a governmental record and shall be
available for inspection during the board’s ordinary office hours within 5 days from the close the meeting or vote in questions unless the
72 hours availability requirement of
RSA 91-A:3, III is applicable.

            Soil 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.

            Soil. 104.03 Roster Distribution Copies of a roster containing names, addresses, and
assigned numbers of certified soil and wetland scientists shall be furnished upon request. A fee
of $.20 per page shall be assessed for making photocopies of the roster.

PART Soil 105 MEETINGS, DELIBERATIONS AND DECISIONS

            Soil 105.01 Meetings.  Regular meetings shall be held at least 3 times each year. Special meetings shall be called by order of the
chairperson or secretary. 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.

            Soil 105.02  Quorum.  A quorum of the board shall consist of not less than 4 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, a quorum of the
board shall designate a pro tempore officer for the officer or officers absent.

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

            (a)  Call to order;

            (b)  Adjudicative proceedings/presentations by or discussions with the public;

            (c)  Reading of the minutes;

            (d)  Reading of communications;

            (e)  Reading and consideration of applications;

            (f)  Unfinished business;

            (g)  New business; and

            (h)  Adjournment.

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

            Soil 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.                                                                                                                  

PART Soil 106 APPOINTMENT OF COMMITTEES

            Soil 106.01 Committees

            (a)     A committee shall consist of one or more of 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 Soil 200 PRACTICE AND PROCEDURE

PART Soil 201 PURPOSE AND SCOPE

Soil 201.01  Purpose and Scope.  The board shall conduct various proceedings for the purpose of acquiring
sufficient information to make fair and reasoned decisions on matters within its statutory jurisdiction, including decisions on applications
 for certification and complaints filed against certificate holders and others in the practice of soil and wetland science. These rules are intended
to secure the just, efficient and accurate resolution of all board proceedings

PART Soil 202 DEFINITION

Soil 202.01  Purpose and Scope. 

            (a)  “Appearance” means a written notification to the board that a party or 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 Soil 203 PRESIDING OFFICER; WITHDRAWAL AND WAIVER OF RULES

      Soil 203.01 Presiding Officer; Appointment; Authority

      (a)  All hearings shall be conducted for the board by a natural person appointed or authorized 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) Receive relevant evidence at hearings and exclude irrelevant, immaterial or unduly repetitious evidence; 

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

              (6)  Question any witness to develop a complete record;

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

              (8) 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. 

Soil 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;

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

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

Soil 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 Soil 204 FILING, FORMAT AND DELIVERY OF DOCUMENTS

            Soil 204.01  Date of Issuance or Filing.All 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.

Soil 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 Soil 204.03.

            (b)  A party 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.

Soil 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 or if represented to the party’s representative.

            (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 Soil 205 TIME PERIODS

Soil 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 Soil 206 MOTIONS AND PLEADINGS

Soil 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 order the moving party to submit the motion in writing, with supporting information within 5 days of the order. Objections to
such motions shall be filed within 5 days of the filing of the motion.

              (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.

Soil 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 Soil 207 NOTICE OF HEARING; APPEARANCES; PRE-HEARING CONFERENCES

Soil 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 Soil 207.03.

Soil 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. 

Soil 207.03 Notice of Hearing. 

            (a) A notice of a hearing issued by the board at least 30 days prior to the hearing and
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. 

            Soil 207.04 Appearances and Representation

         (a)  A party or the 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

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

      Soil 207.05 Prehearing Conference.  Any party may request, or the presiding officer shall schedule on his or her own initiative,
a pre-hearing conference in accordance with RSA 541-:31V 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 Soil 208 ROLES OF BOARD STAFF AND COMPLAINANTS

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

Soil 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 person who
becomes a party shall have no role in any enforcement or disciplinary hearing.

 PART Soil 209 INTERVENTION 

Soil 209.01  Intervention.

(a)  A non-party may intervene in a matter pending before the 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) 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.

(f) Once granted leave to intervene, an intervenor shall take the proceeding as he or she find it and no portion of the proceeding
shall be repeated because of the fact of intervention.

PART Soil 210 POSTPONEMENT REQUESTS AND FAILURE TO ATTEND HEARING

Soil 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.

Soil 210.02  Failure to Attend Hearing . If any party to whom notice has been given in accordance with Soil 207.03 fails to
attend a hearing, the presiding officer shall declare that party to be in default and 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 Soil 211 REQUESTS FOR INFORMATION OR DOCUMENTS

Soil 211.01 Voluntary Production of Information. 

(a) Each party shall attempt in good faith to completely and timely respond 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 Soil 211.02.

Soil 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, or as soon as possible after receiving the notice of 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.

Soil 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 Soil 212 RECORD, PROOF, EVIDENCE AND DECISIONS

Soil 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.

Soil 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.

            Soil 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.

   Soil 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. 

Soil 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.

Soil 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 paragraphs (b) of this section and Soil 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 and for cross examination on such evidence.       

      Soil 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.

Soil 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 officials
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 the board 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)  The 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 Soil 213 MOTION FOR REHEARING

            Soil 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. 

            Soil 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.

            Soil 213.03 Filing and Content of Motion 

(a)  The 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.

            Soil 213.04 Standard for Granting Motion for Rehearing. 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.

          Soil 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 Soil 214 RULEMAKING PUBLIC COMMENT HEARINGS

Soil 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. 

Soil 214.02 Scope

(a) These rules shall apply to all hearings required by state law to be conducted by the board 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.

Soil 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.

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

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

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

Soil 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 Soil 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 Soil 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.

Soil 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 or her 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 Soil 215 PETITION FOR RULEMAKING

Soil 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)  The text of the proposed rule or a statement of the particular results intended by the petitioner to
 flow from the implementation of the proposed rule;

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

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

(4) Name, address, signature of petitioner and date signed.

Soil 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 merits of the petition.

(b)  The board shall grant the petition if the petition is consistent with statute and case law and will assist the
board with the regulation of the profession.

PART Soil 216 DECLARATORY RULINGS

Soil 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 Soil 206.02 (b).

(b) A petition for declaratory ruling shall 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.

Soil 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 Soil 206.02 (d).

PART Soil 217 EXPLANATION AFTER ADOPTION 

Soil 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 300 CERTIFICATION REQUIREMENTS

CHAPTER 300  CERTIFICATION REQUIREMENTS

 PART Soil 301  APPLICATION REQUIREMENTS

          Soil 301.01  Application Process.

          (a)  A person wishing to become certified as a soil or wetland scientist shall submit an application form provided upon request
by the board containing the information specified in Soil 301.02 and 302.02, including the application fee specified in Soil 301.04.

          (b)  The board shall acknowledge receipt of an application within 60 days of receipt and shall notify the applicant of any
deficiencies in the application. Failure to remedy the deficiencies within 60 days shall result in dismissal 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 Soil 213 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 about which there has been no communication by the applicant to the board for one year shall be destroyed.

          Soil 301.02  Application Forms.

          (a)  The applicant for certification as a soil scientist or wetland scientist shall supply the following on the application:

            (1)  General information about the applicant, including his or her:

a.  Name and any names previously used;

b.  Written signature;

 c.  Residential address;

d.  Present position;

e.  Organization and title;

f.   Business address;

g.  Business and personal telephone numbers; 

h.  Place and date of birth;

i.  E-mail address;

j.  Current certification/registration information as a soil scientist or wetland scientist;

k.  Whether the applicant has ever been convicted of any felony, or misdemeanor that has not been
annulled by a court pursuant to RSA
651:5 and if not annulled, the name of the court in which the
conviction occurred, the details of the offense and the date of conviction and the sentence imposed; and

                  l. The applicant’s social security number required pursuant to RSA 161- B:11,VI-a;

(2)  Information regarding the applicant’s registration/certification in other states, including:

a   The first state certified/ registered in;

 b.  The certificate number and date certified;

c.  Whether certified by examination;

d.  Whether the certificate is now in force, and if not, the reasons why certificate is not in force; and 

e. Whether the applicant has ever been denied registration, certification or
licensure as a soil or wetland scientist or disciplined by this board or another soil or wetland scientist board in any
other state or country and if so, an explanation of the circumstances;

(3)  A list of current memberships in professional or scientific associations, including:

a.  The name of organization;

 b.  The location;

c.  The  applicant’s grade of membership; and

d.  Date of membership;

(4)  A transcript of college or university credits obtained, including:  

a.  The name of institution

b.  Years attended; 

c.  Graduation date,

d.  Credits completed; and

(e) The degree awarded.

            (5)  A list of home study and correspondence school courses related to soil science or wetland science completed;

               (6)  Evidence of professional experience related to soil science or wetland science, including:

a.  Name and address of employer;

b.  Title of position;

c.  Dates of employment;

d.  Name and present address of someone familiar with each position;

e.  Summary of soil or wetland plans; and

f. As applicable, additional information supplied on the supplemental experience record form in the same format as number 6 of the certification application;

(7)  The names, complete addresses, occupation and business relationship with applicant of 5 references, not related to the applicant with 2 references being soil scientists or if applying for wetland scientist certification 2 shall be wetland scientists; and

(8)  Applicant's signature completed under oath or affirmation.

     (b)  The applicant for apprentice soil scientist or apprentice wetland scientist shall supply the following on or with the application:  

(1)  General information about the applicant, including his or her:

a.  Name and any names previously used; 

b.  Written signature;

c.  Residential address;

d.  Present position;

e.  Organization and title;

                          f.  E-mail address;

g.   Business address;

h. Business and personal telephone numbers;

i. Place and date of birth; and

(2)  Whether the applicant has ever been convicted of any felony, or misdemeanor that has not been annulled by a court pursuant to RSA 651:5 and if not annulled, the name of the court in which the conviction occurred, the details of the offense and the date of conviction and the sentence imposed.

(3)  Information regarding the applicant’s registration/certification in other states, including:

 a.  The first state certified/ registered in;

 b.  The certificate number and date certified; 

c.  Whether certified by examination;

d.  Whether the certificate is now in force, and if not, the reasons why certificate is not in force; and

e.  Whether the applicant has ever lost registration, certification or licensure as a soil or wetland scientist or
disciplined by this board or another soil or wetland scientist board in any other state or country and if so, an explanation of the circumstances;

(4)  A list of current memberships in professional or scientific associations, including:

a.  The name of organization;

b.  The location; and

c.  The applicant’s grade of membership, and date of membership;

(5)  A transcript of college or university credits obtained including:

a.  The name of institution;

b.  Years attended;  

c.  Graduation date; and

d.  Credits completed;

(6)  A list of home study and correspondence school courses related to soil science or wetland science completed;

(7)  Evidence of professional experience related to soil science or wetland science as indicated on the certification application;

(8)  As applicable, additional professional experience information supplied on the supplemental experience record form;

(9)  Names and certificate numbers of apprentice supervisors; and

(10) Applicant's signature

          Soil 301.03  Fees.  All fees shall be in the form of cash, credit card, money order, bank draft, or check made payable to: "Treasurer, State of New Hampshire."

          Soil 301.04  Application/Certification Examination Fees.  The fees shall be as follows:

          (a)  Application fee for certification as a soil scientist shall be $125.00; 

          (b)  Application fee for certification as a wetland scientist shall be $125.00;

          (c)  The certification fee shall be $50.00;

          (d)  The application fee for certification as a soil scientist apprentice shall be $75.00;

           (e)  The application fee for certification as a wetland scientist apprentice shall be $75.00;

          (f)  The fee for the field examination for certification as a soil scientist shall be $200.00;

           (g)  The fee for the written examination for certification as a soil scientist shall be $125.00;

          (h)  The fee for the field examination for certification as a wetland scientist shall be $200.00;

          (i)  The fee for the written examination for certification as a wetland scientist shall be $125.00;

          (j)  The biennial renewal fee shall be $120.00; and

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

          Soil 301.05  Replacement Fee.  The fee for replacement of lost or mutilated certificate shall be $50.00.

           Soil 301.06  Information from References for Soil Scientist Candidates. 

          (a)  Information from references shall be requested by the board on forms provided by the board as specified in RSA 310-A:86. 

          (b)  The application shall include:

(1)  Applicant's name;

(2)  Reference's name and address; and

(3)  References for soil scientist candidates which provide a brief description of the knowledge of the soil scientist
applicant's qualifications in soil classification and mapping qualifications; and

(4)  The signature of the reference, and the date signed.

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

          Soil 301.07  Information from References for Wetland Scientist Candidates.

          (a)  Information from references shall be requested by the board on forms provided by the board as specified in RSA 310-A:86.

          (b)  The application shall include:

                 (1)  Applicant's name;

            (2)  Reference's name and address and,

            (3)  References for wetland scientist candidates which provide a brief description of the knowledge of the wetland
            scientist applicant’s qualifications in wetland delineation and documentation; and
 

  (4)  The signature of the reference, and date signed.

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

          Soil 301.08  Additional References. The board shall require of the applicant the names and addresses of additional references if the original references are unclear, incomplete or contradictory.

PART Soil 302  QUALIFICATION OF APPLICANTS

          Soil 302.01  Candidates Requirements.

          (a)  Candidates for certification as a soil scientist shall meet the requirements established by RSA 310-A:84, I, and II before a certificate shall be granted which shall include not having been convicted of any felonies or misdemeanors relating to dishonesty and demonstrate good professional character in the content of references provided.

          (b)  Candidates for apprentice soil scientist certification shall meet the requirements of RSA 310-A:85 I. Candidates for certification as a wetland scientist shall meet the requirements established by RSA 310-A:84 II-a and II-b before a certificate shall be granted. Candidates for apprentice wetland scientist certification shall meet the requirements of RSA 310-A:85, II.

           (c)  The applicant shall appear for a personal audience with the board to clarify the information contained in his/her record if his/her record of education or experience are unclear, contradictory or incomplete.

Soil 302.02  Experience Requirements.  Experience in the practice of soil science shall be determined pursuant to RSA 310-A:84 as follows:

           (a)  A minimum one year of the experience required pursuant to RSA 310-A:84 shall be actual field soil mapping; 

          (b)  Teaching soil science courses or performing research in soil science or agronomy curriculum shall be considered the practice of soil science.  Such teaching or research shall not be considered actual field soil mapping experience;

           (c)  Educational courses shall not be considered actual field mapping experience; 

          (d)  Each advanced degree in a related field shall be counted as one year of experience with one year awarded for a Master’s degree and 2 years awarded for a Ph.D. in a related field including geology and any other field in which the principles of soil science are applied.  Advanced degrees shall not be considered actual field soil mapping experience;

          (e)  Employment by the United States Department of Agriculture (USDA), Natural Resources Conservation Service (NRCS) or other governmental agency as a soil scientist and active engagement in the practice of soil science as defined under RSA 310-A:76, IV, shall be considered experience pursuant to RSA 310-A:84.  Each year of such employment shall be considered one year of experience;

          (f)  If experience is claimed under Soil 302.02(e), the applicant shall provide an affidavit stating: 

(a)  The dates of employment;

(b)  The number of total acres soil mapped during such employment;

                          (c)  The county and state locations of soil mapping; and

                   (d)  The standards by which soil mapping was conducted. 

          (g)  Actual field soil mapping experience shall be the practice of soil science as defined under RSA 310-A:76, IV.

          (h)  Soil maps prepared during the practice of soil science shall meet:

(1)  The standards of the National Cooperative Soil Survey as follows:

a.  Soil Taxonomy, A Basic System of Soil Classification for Making and Interpreting Soil Surveys, second edition, published 1999; 

                     b.    Keys to Soil Taxonomy, Eleventh Edition published, 2010;

                     c. Official series descriptions, Soil Survey Staff Natural Resources Conservation Service, United States Department of Agriculture. 
                   
Official Soil Series Descriptions, published,
February 10, 2008;

d.  The Field Book for Describing and Sampling Soils, Version 2.0, published September 2002;

e.  Soil survey manual, Soil Survey Division Staff U.S. Department of Agriculture Handbook 18, published 1993; and

f.     NH Statewide Numerical Soil Legend, issue #9, dated April 2010; or

                     (2)    The standards of Special Publication No.1 of the Society of Soil Scientists of Northern New England, High Intensity Soil Maps for
                    New  Hampshire published April 2008; or

(3)  The standards of Special Publication No. 3 of the Society of the Soil Scientists of Northern New England, Site-Specific Soil
Mapping Standards for
New Hampshire and Vermont, published December 2006. 

           (i)  Training as an apprentice soil scientist, where the apprentice is practicing soil science as defined under RSA 310-A:76, IV, shall be considered experience; 

          (j)  Six or more soil maps shall be prepared to the standards under Soil 302.02 (h), all maps shall be submitted with a copy of the United States Geological Survey (USGS) mapping with site located and owner’s name and address. The map shall include the name of the person who prepared the map, the supervisor’s name, and date the map was prepared;

          (k)  The board shall request additional maps if the maps are incomplete or unclear or do not meet the standards of Soil 302.02 (h); and

          (l)  The board shall conduct field reviews of any of the supplied maps when it deems it necessary to clarify the applicant's experience upon permission of current landowner.

          Soil 302.03  Additional Requirements.  In order to indicate to the board competency to practice as a soil scientist, the candidate shall have had at least one soil course under RSA 310-A:84, I (a) and (b) in each of the following disciplines:

          (a)  Soil genesis and classification;

          (b)  Soil morphology; and

           (c)  Soil mapping 

          Soil 302.04  Experience Requirements.  Experience in the practice of wetland science shall be determined as follows: 

          (a)  A minimum one year of the experience requirement shall be actual field delineation of wetland boundaries pursuant to RSA 310-A:84, II-b (a); and

          (b)    Presentation of 6 or more wetland delineation plans with all wetlands classified according to Classification of Wetlands and Deepwater Habitats of the United States, FWS/OBS-79/31;

          (c)  One of the delineation plans shall include a complete assessment of functions and values using either the method for the Comparative Evaluation of Nontidal Wetlands in New Hampshire, published March 1991 or US Army Corps of Engineers, Highway Methodology Workbook Supplement, published September 2009, for candidates pursuant to RSA 310-A:84, II-a (a);

          (d)  Four of the delineation plans shall utilize the standards of the Corps of Engineers Wetland Delineation Manual, Technical Report 4-87-1, (January, 1987), Interim Regional Supplement to the Corps of Engineers Wetland Delineation Manual: Northcentral and Northeast Region, U.S. Army Corps of Engineers, published October 2009, and the remainder shall meet the requirements of a state or federal regulatory agency; or

           (e)  A minimum of 3 years of the experience requirement shall be actual field delineation of wetland boundaries and the preparation of wetland maps, the classification of wetlands, the preparation of wetland function and value assessments, the design of wetland mitigation, the implementation of wetland mitigation, the monitoring of wetlands functions and values, and preparation of associated reports, pursuant to RSA 310-A:84, II-b (b); and

          (f)  Presentation of 18 or more wetland delineation plans classified according to Classification of Wetlands and Deepwater Habitats of the United States, FWS/OBS-79/31; for candidates pursuant to RSA 310-A:84, II-b, 12 of which shall utilize the standards of the Corps of Engineers Wetland Delineation Manual, Technical Report 4-87-1, (January, 1987) Interim Regional Supplement published October 2009  to the Corps of Engineers Wetland Delineation Manual: Northcentral and Northeast Region, U.S. Army Corps of Engineers, three of which must include a complete assessment of functions and values using either the method for the Comparative Evaluation of Nontidal Wetlands in New Hampshire, published March 1991 or US Army Corps of Engineers, Highway Methodology Workbook Supplement, published September 2009 and the remainder shall meet the requirements of a state or federal regulatory agency.

Soil 302.05  Additional Requirements.

           (a)  All wetland delineation plans shall cite the standard which was utilized and the agency to which they were submitted.

           (b)  All wetland delineation plans shall be submitted with a copy of the USGS mapping with the site located and the owners name and address.

          (c)  The board shall request additional plans and/or supporting documentation, including but not limited to field notes, reports or data forms if the plans are incomplete or unclear or do not meet the requirements of Soil 302.04 and 302.05. 

          (d)  The board shall conduct field reviews of any of the supplied plans when it deems it necessary to clarify the applicant's experience upon permission of the current landowner. 

          (e)  Teaching a college level credit course in wetland science according to the standards of Soil 302.04 shall be considered one year of experience. 

          (f)  Wetland science performed as an apprentice wetland scientist under the direct supervision of a certified wetland scientist and according to the standards of 302.04 shall be considered experience. 

          (g)  Candidates for wetland scientist pursuant to RSA 310-A:84, II-a (a) shall provide satisfactory evidence of a minimum of 24 credit hours in any of the following environmental sciences:

(1)  Botany;

(2)  Soil science;

(3) Hydrology; 

(4)  Wetland science;

(5)  Biology;

(6)  Forestry;

(7)  Wildlife;

(8)  Ecology;

(9)  Water resources;

(10)  Plant science;

(11)  Agronomy; 

(12)  Geology;

(13)  Earth science;

(14)  Wetland mitigation; or

(15)  Assessments of functions and values.

          (h)  Candidates pursuant to RSA 310-A:84, II-a (b) shall provide satisfactory evidence of a minimum of 12 combined credit or non-credit semester hours in any of the environmental sciences list in Soil 302.05 (g).

          (i)  As set forth in RSA 310-A:84, II-a (a) and (b) 12.5 hours of the workshops in any of the environmental sciences referenced in 302.05 (g) shall be equivalent to one semester hour.

PART Soil 303  EXAMINATIONS

          Soil 303.01  Examination Requirements for Soil Scientist Candidates.

          (a)  The examination shall consist of a written exam and a field exam.

          (b)  The soil scientist certification written examination shall be administered at the Joint Board Office, 121 South Fruit Street, Concord, New Hampshire in March and July. 

          (c)  The board shall hold soil scientist field examinations in May and September.  Examinations shall be given to all persons making application who have successfully passed the soil scientist written examination and whose application is complete and who has made payment of the established fee.

          (d)  The field exam shall be a test of the applicant’s ability to prepare a soil map.  The test shall consist of an actual field soil mapping pursuant to the standards of Soil 302.02 (h) (1) of a parcel of land selected by the board.  The soil map prepared by the applicant shall be graded based upon a comparison of a master soil map of the parcel prepared by a consensus of at least 3 certified soil scientists and a majority vote of the board.  The time allotted shall not exceed 6 hours.  The grade shall be pass or fail.

          Soil 303.02  Examination Requirements for Wetland Scientist Candidates.

          (a)  The examination shall consist of a written exam and field exam.          

          (b)  The wetland scientist certification written examination will be administered at the Joint Board Office, 121 South Fruit Street, Concord, NH in March and July.

          (c)  The board shall hold wetland scientist field examinations in June and September on a parcel of land selected by the board. Examinations shall be given to all persons making application who have successfully passed the wetland scientist written examination and whose application is complete and who has made payment of the established fee.

          (d)  The field exam shall be a test of the applicant's ability to practice wetland science pursuant to Soil 302.04. The time allotted shall not exceed 6 hours.  The grade shall be pass or fail.

           Soil 303.03 Re-Examinations.  An applicant for certification failing a field examination may apply for re-examination at the next scheduled examination period and shall be examined upon payment of an additional fee to cover the cost of the field examination.  A candidate failing the examination 3 times shall furnish evidence of additional experience, study, or educational credits equal to 6 semester hours of college credit before being allowed to proceed with further examination.

PART Soil 304  CREDENTIALS

          Soil 304.01  Certificate.  An applicant for certification as a certified soil scientist or wetland scientist or an applicant for certification as an apprentice soil scientist or apprentice wetland scientist, who has met satisfactorily all the requirements of RSA 310-A and who has paid all of the fees, shall be issued a certificate by the board.  The certified soil scientist or certified wetland scientist shall be issued a certificate authorizing the practice of soil science or wetlands science signed by the chairman and secretary of the board.  The apprentice shall be issued a certificate entitled "Apprentice Soil Scientist" or “Apprentice Wetland Scientist” signed by the chairman and the secretary of the board.

          Soil 304.02  Certified Soil Scientist or Wetland Scientist Pocket Cards.  Biennially, the board shall issue a certification card, numbered to correspond with the soil scientist's or wetland scientist’s assigned number, to each certified soil scientist or wetland scientist upon receipt of the biennial renewal fee and acceptance of renewal application.  The card shall certify that the soil scientist or wetland scientist holds a certificate in good standing and is authorized to practice soil science scientist or wetland scientist to the date of expiration as shown on the card.  No card shall be issued to an apprentice soil scientist or apprentice wetland scientist.

          Soil 304.03  Soil Scientist Seal.

           (a)  Upon issuance by the board of a certificate to an applicant as a certified soil scientist, the certificate holder shall acquire an impression type seal or rubber stamp of the design approved by these rules and submit the seal to the board for approval. This seal shall bear the certificate holder’s name and number as shown on the certificate. 

 

Figure 3.1 Seal/Stamp

seal

(not actual size)

          (b)  The seal shall consist of 2 concentric circles, the outer circle having a diameter of 1.6 inches and an inner circle having a diameter of 1.4 inches.  In the space between the 2 circles there shall be the words "State of New Hampshire" at the top of the circle and the words "Certified Soil Scientist" at the bottom of the circle.  In the space inside the inner circle a tile spade shall be depicted horizontally and centered.  Below the image of the tile spade shall appear the certificate number of the soil scientist.  Above the image of the tile spade shall appear the soil scientists name.

           (c)  All papers or documents involving the practice of soil science under this chapter when filed for public record, shall be dated and bear the signature and seal of the certified soil scientist who prepared or had responsibility for and approved them.  It shall be a violation of these rules for the certified soil scientist to stamp or seal any documents with his/her seal after the certificate has expired.  It shall be a violation of these rules for the certified soil scientist to stamp or seal any document not prepared by him/her personally or under his/her direct supervision.

          Soil 304.04  Wetland Scientist Seal.

          (a)  Upon issuance by the board of a certificate to an applicant as a certified wetland scientist, the certificate holder shall acquire an impression type seal or rubber stamp of the design approved by these rules and submit the seal to the board for approval. This seal shall bear the certificate holder’s name and number as shown on the certificate. 

Figure 3.2 Seal/Stamp

 

seal

(not actual size)

          (b)  The seal shall consist of 2 concentric circles, the outer circle having a diameter of 1.6 inches and an inner circle having a diameter of 1.4 inches.  In the space between the 2 circles there shall be the words "State of New Hampshire" at the top of the circle and the words "Certified Wetland Scientist" at the bottom of the circle.  In the space inside the inner circle cross-section of a wetland boundary shall be depicted. The depiction shall include a view of trees, shrubs, shallow marsh and aquatic plants. Below the image of the wetland boundary shall appear the certificate number of the wetland scientist.  Above the image of the wetland boundary shall appear the wetland scientist’s name.

          (c)  All papers or documents involving the practice of wetland science under this chapter when filed for public record, shall be dated and bear the signature and seal of the certified wetland scientist who prepared or had responsibility for and approved them.  It shall be a violation of these rules for the certified wetland scientist to stamp or seal any documents with his/her seal after the certificate has expired. It shall be a violation of these rules for the certified wetland scientist to stamp or seal any document not prepared by him/her personally or under his/her direct supervision. 

PART Soil 305  REJECTIONS

           Soil 305.01  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 certification or 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 Soil 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 Soil 500;

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

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

          (f)  The applicant failed to successfully pass the examinations required pursuant to Soil 303.

     CHAPTER SOIL 400 CONTINUED STATUS

CHAPTER Soil 400  CONTINUED STATUS 

Part Soil 401  EXPIRATION AND RENEWALS

Soil 401.01  Renewal Notices.  Renewal notices shall be sent to each certified soil scientist or certified wetland scientist every
2 years, at least one-month prior to date of expiration.  The expiration date shall be the last day of the certificate holder’s birth month.
 

Soil 401.02  Renewal of Certificate.  The applicant for wetland or soil scientist renewal shall submit:

 (a)  The renewal application supplied by the board;

 (b)  The fee specified in Soil 301.04; and

(c)  Proof of completion of the continuing professional development requirements of Soil 403.

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

(a)  The applicant’s full name;

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

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

(d)  The applicant’s e-mail address;

(e)  A statement indicating that the applicant has complied with the continuing education requirements of Soil 403;

(f)  A statement indicating any disciplinary or legal action brought against the applicant as a natural scientist by any licensing/certification board or jurisdiction; 

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

(h)  A statement indicating whether the applicant has ever been convicted of any felony, or misdemeanor that has not been annulled by a court pursuant to RSA 651:5 and if not annulled, the name of the court, the details of the offense and the date of conviction and the sentence imposed;

(i)  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

(j)  The applicant’s signature and the date signed. 

PART Soil 402  DISCIPLINARY MATTERS                                                  

           Soil 402.01  Initiation of Disciplinary Action.  The board shall undertake misconduct investigations, settlements of misconduct allegations, or disciplinary hearings, in response to any information which reasonably suggests that a certificate holder has engaged in professional misconduct.
        

       Soil  402.02  Disciplinary Sanctions.

          (a)  Other than immediate certificate suspensions authorized by RSA 541-A:30, III 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 certificate holder has been subjected to
disciplinary action related to professional conduct by the licensing or certification authority
of another jurisdiction, where the certificate or license was not reinstated, the board shall issue an order directing the certificate holder to demonstrate why reciprocal discipline should not be imposed in
New Hampshire.

          (c)  In a disciplinary proceeding brought on the basis of discipline imposed in another jurisdiction the certificate holder shall be subject to any disciplinary sanction authorized by RSA 310-A:93,III after considering the presence of aggravating or mitigating circumstances.

          (d) After a finding that misconduct has occurred, the board shall impose one or more of the disciplinary sanctions authorized by RSA 310-A:93, III after considering the presence of aggravating or mitigating circumstances.   

(e)  The following shall be considered aggravating circumstances:                                                                                                   

                      (1)        The seriousness of the offense;

                      (2)        Prior disciplinary record;


                      (3)        Lack of willingness to cooperate with the board; and

                      (4)        Potential harm to public health and safety.

          (f)  The following shall be considered mitigating circumstances:

(1)        Absence of a prior disciplinary record;

(2)        Willingness to cooperate with the board;

(3)        Acknowledgment of his or her wrongdoing; and

(4)        The purpose of the rule or statute violated.

          (g)  No hearing date established in a proceeding conducted under Soil 402.02 shall be postponed at the request of the certificate holder unless the certificate holder also agrees to continue the suspension period, if any, pending issuance of the board’s
final decision.

          (h)  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 certificate holder is certified or licensed and to such other entities, organizations, associations, or boards as are required to be notified under applicable state or federal law.

          Soil 402.03  Administrative Fines

           (a)  Adjudicative procedures seeking the assessment of an administrative fine shall be commenced against any person subject to such fines under any provision of RSA 310-A when the board possesses evidence indicating that a violation has occurred.

          (b)  When persons subject to the board’s disciplinary authority are directed to pay fines pursuant to Soil 402.02, such fines shall be assessed in accordance with the factors stated in Soil 402.02 (e), 402.02 (f) and the following additional considerations:                                                                                           

                      (1)        The cost of any investigation or hearing conducted by the board; and

                      (2)        The certificate holder’s ability to pay a fine assessed by the board.

          (c)  Administrative fines shall not exceed the following amounts:

                      (1)        When no violation of the same type has occurred during a period of
                     licensure within the 5 years preceding the board’s notice to the respondent,
                    the fine assessed shall not exceed $200.00 per day or $1,000.00 per offense,
                    whichever is greater;

                      (2)        When a single disciplinary infraction of the same type has occurred
                    during a period of  licensure within the 5 years preceding the board’s notice
                    to the respondent, the fine assessed shall not exceed  $200.00 per day or
                    $1,500.00 per offense whichever is greater; and

(3)        When more than one disciplinary infraction of the same type has occurred
during a period of licensure within the 5 years preceding the board’s notice to the
respondent, the fine assessed shall not exceed $200.00 per day or $2,000.00 per
offense whichever is greater.

           (d)  In the case of continuing violations, a separate fine shall be assessed for each day the violation continues.

(e)  A single course of continuing conduct shall be treated as a single
violation for purposes of Soil 402.03 (c), (1), (2) and (3).
 

          Soil  402.04  Procedures for Assessing and Collecting Fines.

          (a)  Payment of a fine shall be included among the options available for settling disciplinary allegations, and shall be included among the types of disciplinary sanctions imposed after notice and hearing.

          (b)  In cases where the board initially intends to limit disciplinary sanctions to an administrative fine, the board shall issue a “notice of apparent liability” describing the allegedoffense, stating the amount of the assessed fine, and notifying the alleged offender that he or she shall pay or compromise the fine by a certain date or request that an administrative hearing be held. If a hearing is requested, the notice of apparent liability shall be withdrawn and a notice of hearing shall be issued. In such hearings, the board’s disciplinary options shall not be limited to the assessment of an administrative fine.

          (c)  Nonpayment of a fine by a certificate holder or respondent in contravention of an order, agreement or promise to pay, shall be a separate ground for discipline by the board and a basis for denying a subsequent certificate and renewal application and a basis for judicial action seeking to collect the fine.

PART Soil 403 CONTINUING EDUCATION      

            Soil 403.01  Renewal Requirements

(a) Each certified wetland or soil scientist shall obtain at least 24 hours of continuing education hours each biennium as a condition of biennial license renewal.

          (b)  All 24 continuing education hours shall be taken during the biennium preceding the applicant’s expiration date.

(c)  A renewal application shall not be accepted for filing unless the applicant indicates on the renewal application, and under penalty of unsworn falsification, that he or she has completed the minimum required hours of approved education required by Soil 403.01 (a).

(d)  New certified wetland or soil scientists shall obtain 12 continuing education hours for their first biennial renewal period.

Soil  403.02  Continuing Education Hour Requirements. Continuing education hours shall meet the following criteria: 

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

              (b)  Two hours of continuing education shall be in the area of professional ethics;

              (c) The content of each presentation shall be well organized and presented in a sequential m
anner;  

              (d)  There shall be a provision for individual participant course/program registration including information required for record keeping and reporting; and

            (e) Self directed learning activities shall include a written instrument which tests the certified wetland or soil scientist’s comprehension of the content of that course or program.

            Soil 403.03  Continuing Education Hours   Continuing education hours shall be credited as follows:        

            (a)  A maximum of 2 continuing education hours 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 or 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 continuing education unit; 

            (e)  Credit shall be awarded for one hour of continuing education in course work, seminars, or professional technical presentations made at meetings, conventions, or conferences for each hour of attendance. Attendance at qualifying programs presented at professional and/or technical society meetings shall earn continuing education credit for the actual time of each program;

             (f)  Teaching or instructing qualifying courses or seminars or making presentations at technical meetings shall earn continuing education credit at 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;

             (g) Each professional journal, published paper, or published soil or wetland science textbook pursuant to Soil 403.02 shall equal 8 continuing education hours; 

            (h)  Active participation in professional or technical societies shall equal one continuing education hour and shall require that a certified soil or wetland scientist 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;

(i) 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.

            (j)  Two hours of self-directed learning activity through the use of audio or video tapes shall equal one continuing education hour;

            (k)  Training apprentice soil or apprentice wetland scientists shall equal 3 continuing education units per year; and

            (l)  Continuing education hours shall not be recognized for any repeat program attended or completed.

            Soil  403.04  Record Keeping.  

            (a)  The certified wetland or soil scientist shall maintain records to be used to support continuing education hours claimed.

            (b)  Records required shall contain attendance verification records in the form of completion certificates or other documents supporting evidence of attendance such as:    

                                    (1)        Signed attendance receipts;

                                    (2)        Paid receipts;

                                    (3)           A copy of a listing of attendees signed by a person sponsoring the course or program or the course/program provider, or

                                    (4)           Certificates of attendance from the sponsoring organization.

             (c)  The applicant shall retain attendance verification records for a period of at least 4 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 10 % of the certified soil and wetland scientists shall be randomly selected each year for audit by the board for compliance with Soil. 403.01. 

Soil  403.05  Exemption   A certified wetland or soil scientist shall be exempt from the continuing education requirements for serving on temporary active duty in the armed forces of the United States for a period of time exceeding 120 consecutive days.                                                         

            Soil  403.06  Waiver of Professional Development Hours Deadline.   A certified soil or wetland scientist may request a waiver of continuing education hours deadlines, as follows:

         (a) A petition requesting a waiver shall be filed at least 30 days before the expiration of the biennial continuing education period in question;

(b)  Late filing shall be justified by a showing of good cause that includes serious accident, illness or other circumstances beyond the control of the certified soil or wetland scientist which actually prevents the certified soil or wetland scientist from satisfying the continuing education requirements;

          (c)  Relevant supporting documentation from the certified soil or wetland scientist’s physician or medical  professional shall be furnished to the board when necessary for a fair and informed determination by the board; and

            (d) A waiver petition shall include a specific timetable for completing specific courses, which will meet the petitioner’s continuing education unit deficiency.

             Soil  403.07  Noncompliance.  Failure to submit documentation required per Soil 403.04  which establishes that said requirements were so completed, shall after notice and opportunity for hearing, result in disciplinary action including license suspension or revocation unless a waiver petition has been timely filed and duly granted by the board. 

Soil 403.08 Incomplete Applications or Denial of Renewal.

(a)  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. 

(b)  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 Soil 403.01(a);

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

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

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

CHAPTER SOIL 500 ETHICAL STANDARDS

Part Soil 501  RULES OF PROFESSIONAL CONDUCT

Soil 501.01  Purpose and Scope.

(a)  To establish and maintain a high standard of integrity, skills and practice in the profession of soil science or wetland science, the following rules of professional conduct shall be binding upon every person holding a certificate of soil science or wetland science and on all partnerships or corporations or other legal entities authorized to offer or perform the practice of soil science or wetland science in this state.

             (b)  All persons certified under RSA 310-A shall be deemed to be familiar with provisions of Soil 500.

         Soil 501.02  Obligation To Obey. 

(a)  The ethical standards set forth in this part shall bind all certified wetland scientists and soil scientists, and violation of any such standard shall be a basis for imposing disciplinary sanctions. Conduct proscribed by these ethical standards, when performed by an uncertified person, or during a prior period of certification, shall also be a basis for denying an application or issuing a restricted certificate.

(b)  All persons certified 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 soil science or wetland science is a privilege, as opposed to a right, and the certified soil scientist or wetland scientist shall be forthright and candid in their statements or written response to the board or its representatives on matters pertaining to professional conduct.

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

(d)  Certificate holders shall inform the board of a principal 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.
 

Soil 501.03  Standards of Conduct.

(a)  The certified soil and wetland scientist shall hold paramount the safety, health and welfare of the public as follows:

 (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)  Refrain from deceptive acts;

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

(6)  Undertake to perform soil or wetland science assignments only when qualified by education or experience in the specific technical field of soil or wetland science 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 associates, consultants or employees;

(8)  Not affix his/her signature or seal to any map, plan or document dealing with subject matter for which he/she lacks competence by virtue of education or experience, nor to any such map, plan or document not prepared under his/her direct supervisory control; and

 (9) Not sell or donate the use of a seal to anyone, recognizing that the seal indicates the soil scientist's or wetland scientist’s personal responsibility for the work bearing the seal.

(b)  The certified soil and wetland scientist shall issue public statements only in an objective and truthful manner, as follows:

(1)  Be objective and truthful in all professional reports, statements, or testimony and include all relevant, pertinent and required 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:

 a.  When it is founded upon adequate knowledge of the facts in issue;

b.  Upon a background of technical competence in the subject matter; and

c.  Upon honest conviction of the accuracy and propriety of his/her testimony;

(3)  Issue no statements, criticisms, or arguments on soil and wetland science matters 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;

 (4)    Express an opinion or conclusion only upon matters of established fact or direct observation and clearly distinguish professional judgment or opinions from matters of fact or record;

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

 (6)  If he/she believes that another soil or wetland scientist is guilty of misconduct or illegal practice, he/she shall present such information to the board in writing.

(c)  The certified soil and wetland scientist shall avoid conflicts of interest; as follows:

(1)  Promptly inform his/her 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 gratuities, 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 private soil or wetland science services provided by him/her or by his/her organization;

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

(7)    Not divulge information given in confidence by a client or employer except as required by law, directly or indirectly, in any way that would violate the confidence of the employer or client; 

(8)  Not plagiarize oral or written communications or knowingly accept credit for work rightfully due another person; and

(9)  Reveal to clients, regulators, and/or the public any conflict of interest or circumstances which may interfere with full representation of the scientific facts or their professional opinions.

(d)  The certified soil and wetland scientist shall solicit or accept work only on the basis of his/her qualifications; as follows:

(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;

(3)  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;

(4)  Not falsify or permit misrepresentation of his/her, or his/her associates’, academic or professional qualifications; 

(5)  Not misrepresent his/her degree of responsibility in or for the subject matter of prior assignments;

 (6)  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; and 

(7)  Limit public advertising to a description of the services available;

 (8)  Act for the client or employer as a finder of facts in developing soil maps and wetland maps and related material and shall provide a product that accurately depicts soils and wetlands as a natural body on the landscape;

(9)  Advise the client of the level of accuracy and limitations of the soil maps and wetland maps relative to the intended use; and

(10)  Indicate the standards of classification and mapping used. 

(e)  The certified soil and wetland scientist shall perform his/her services in an ethical and lawful manner, as follows:

(1)  Not knowingly associate with or permit the use of his/her name or firm 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)  Cooperate with another soil scientist or wetland scientist with an interchange of information where such interchange does not conflict with confidential matters between the soil scientist or wetland scientist and his/her client;

(3)    Not attempt to injure another soil or wetland scientist’s reputation, prospects, practice or employment;

 (4)  If he/she has knowledge or reason to believe that another person or firm may be in violation of any of these provision 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

(5)  Cooperate with investigations and requests for information from the board and the boards representatives. 

PART Soil 502  VOLUNTARY CERTIFICATE SURRENDER

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

             Soil 502.02  Effect of Voluntary Certificate Surrender.

             (a)  A certified soil and wetland scientist who voluntarily surrenders a certificate shall retain no right or privilege to practice soil or wetland science in New Hampshire unless specifically set forth in a board order or settlement agreement authorizing the voluntary surrender. Unless otherwise provided by the board, a certified soil and wetland scientist who reapplies for certification 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, including professional character requirements.

             (b)  Surrender or non-renewal of a certificate shall not preclude the board from investigating or completing a disciplinary proceeding based upon the certified soil or wetland scientist’s professional conduct while the certificate was still in effect.  Such investigations and proceedings shall be handled in the same manner as other disciplinary investigations and proceedings.

Soil 502.03  Voluntary Surrender When Misconduct Allegations are Pending.

             (a)  A certified soil and wetland scientist who wishes to surrender his/her certificate 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 certified soil and wetland scientist surrender has occurred in settlement of pending disciplinary charges; and

(2)  That the pending disciplinary allegations shall be issues to be resolved in any future application the certified soil and wetland scientist may submit in New Hampshire. 

(c)  The board shall decline to accept a settlement agreement under (a), above, if the board believes the certified soil and wetland scientist has 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 individual subsequently reapplies for a certificate.

             (d)  A certified soil and wetland scientist’s stipulation of facts shall be exempt from public disclosure to the extent permitted by RSA 91-A 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 certificate 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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