Administrative Code

Virginia Administrative Code
9/23/2021

Part I. General

18VAC145-40-10. Definitions.

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

"Board" means the Board for Professional Soil Scientists, Wetland Professionals, and Geologists.

"Geologist" means a person engaged in the public practice of geology.

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

"Geology" means the science dealing with (i) the earth and its history in general; (ii) the investigation, prediction, evaluation, and location of materials and structures which compose the earth; (iii) the natural processes that cause changes in the earth; and (iv) the application of knowledge of the earth, its processes, and its constituent rocks, minerals, liquids, gases and other natural materials.

"Practice of geology" means the performance of any service or work for the general public wherein the principles and methods of geology are applied.

"Qualified geologist" means an uncertified person who possesses all the qualifications specified in § 54.1-2208.2 of the Code of Virginia for certification.

"Related geological science degree" means a degree that shall include, but not be limited to, a degree in economic geology or petroleum geology.

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

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

"Virginia certified professional geologist" means a person who possesses all qualifications specified in this chapter for certification and whose competence has been attested by the board through certification.

Statutory Authority

§ 54.1-201 of the Code of Virginia.

Historical Notes

Former 18VAC70-20-10 derived from VR335-01-2 § 1.1, eff. February 1, 1988; amended, Virginia Register Volume 7, Issue 13, eff. April 24, 1991; Volume 11, Issue 6, eff. February 1, 1995; Volume 22, Issue 21, eff. August 1, 2006; amended and renumbered as 18VAC145-40-10, Virginia Register Volume 28, Issue 23, eff. August 15, 2012; amended, Volume 29, Issue 5, eff. January 1, 2013.

18VAC145-40-20. Fees.

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

1. The application fee for certification shall be $90.

2. The fee for renewal of certification shall be $70.

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

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

5. The penalty fee for late renewal shall be $25 in addition to the renewal fee.

6. The reinstatement fee shall be $90.

Statutory Authority

§ 54.1-201 of the Code of Virginia.

Historical Notes

Former 18VAC70-20-30 derived from VR335-01-2 § 1.3, eff. February 1, 1988; amended, Virginia Register Volume 7, Issue 13, eff. April 24, 1991; Volume 11, Issue 6, eff. February 1, 1995; Volume 15, Issue 18, eff. July 1, 1999; Volume 22, Issue 21, eff. August 1, 2006; Volume 22, Issue 26, eff. November 1, 2006; Volume 27, Issue 12, April 1, 2011; amended and renumbered as 18VAC145-40-20, Virginia Register Volume 28, Issue 23, eff. August 15, 2012; amended, Virginia Register Volume 29, Issue 5, eff. January 1, 2013; Volume 31, Issue 7, eff. January 1, 2015.

18VAC145-40-30. Expiration, renewal and fee of certificate holders.

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

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

C. Failure to receive written notice from the Department of Professional and Occupational Regulation does not relieve the regulant from the requirement to renew his certificate. If the certificate holder fails to receive the renewal notice, a copy of the certificate may be submitted with the required fee.

D. The date a fee is received by the Department of Professional and Occupational Regulation, or its agent, will be used to determine whether a penalty fee or the requirement for reinstatement of a certificate is applicable.

E. Revoked or suspended certificates are not renewable until reinstated by the board.

Statutory Authority

§ 54.1-201 of the Code of Virginia.Former 18VAC70-20-40 derived from VR335-01-2 § 1.4, eff. February 1, 1988; amended, Virginia Register Volume 7, Issue 13, eff. April 24, 1991; Volume 11, Issue 6, eff. February 1, 1995; amended and renumbered as 18VAC145-40-30, Virginia Register Volume 28, Issue 23, eff. August 15, 2012.

18VAC145-40-40. Reinstatements.

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

Statutory Authority

§ 54.1-201 of the Code of Virginia.Former 18VAC70-20-50 derived from VR335-01-2 § 1.5, eff. February 1, 1988; amended, Virginia Register Volume 7, Issue 13, eff. April 24, 1991; Volume 11, Issue 6, eff. February 1, 1995; Volume 22, Issue 21, eff. August 1, 2006; Volume 22, Issue 26, eff. November 1, 2006; amended and renumbered as 18VAC145-40-40, Virginia Register Volume 28, Issue 23, eff. August 15, 2012.

18VAC145-40-50. Status of certification during the period prior to reinstatement.

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

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

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

Statutory Authority

§ 54.1-201 of the Code of Virginia.Former 18VAC70-20-60 derived from VR335-01-2 § 1.6, eff. February 1, 1988; amended, Virginia Register Volume 7, Issue 13, eff. April 24, 1991; Volume 11, Issue 6, eff. February 1, 1995; Volume 22, Issue 21, eff. August 1, 2006; amended and renumbered as 18VAC145-40-50, Virginia Register Volume 28, Issue 23, eff. August 15, 2012.

18VAC145-40-60. Use of seal.

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

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

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

3. The seal shall conform in detail and size to the design illustrated below:

https://law.lis.virginia.gov/RISImages/649350152920LEGTLE_files/image001.gif

*The number referred to is the number, usually three or four digits, as shown on the wall certificate and is the license renewal number issued each biennium as indicated on the licensee's pocket card. The number will not change every two years, but is permanent.

Statutory Authority

§ 54.1-201 of the Code of Virginia.Former 18VAC70-20- derived from VR335-01-2 § 1.7, eff. February 1, 1988; amended, Virginia Register Volume 7, Issue 13, eff. April 24, 1991; Volume 11, Issue 6, eff. February 1, 1995; Volume 22, Issue 21, eff. August 1, 2006; amended and renumbered as 18VAC145-40-, Virginia Register Volume 28, Issue 23, eff. August 15, 2012.

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