Administrative Code

Virginia Administrative Code
7/19/2024

Part III. Standards of Practice and Conduct

18VAC145-40-90. Disclosure.

A certified professional geologist:

1. Shall not submit any false statements or fail to disclose any facts requested concerning his or another's application for certification.

2. Shall not falsely or maliciously attempt to injure the reputation or business of another.

3. Shall not engage in any fraud, deceit, or misrepresentation in advertising, in soliciting or in providing professional services.

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

5. Shall make full disclosure to all parties of:

a. Any transaction involving payments made to any person for the purpose of securing a contract, assignment, or engagement; or

b. Any monetary, financial or beneficial interest he may have in any contract or entity providing goods or services, other than his professional services, to a project or engagement.

6. Shall express an opinion only when it is founded on adequate knowledge of established facts at issue, on a background of technical competence in the subject matter, and on an honest conviction of the accuracy of the testimony when serving as an expert or technical witness before any court, commission, or other tribunal.

7. Shall provide adequate representation of his qualifications and scope of responsibilities for all previous experience claimed when negotiating with prospective clients.

Statutory Authority

§ 54.1-201 of the Code of Virginia.Former 18VAC70-20-100 derived from VR335-01-2 § 3.1, 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 18VAC145-40-90, Virginia Register Volume 28, Issue 23, eff. August 15, 2012.

18VAC145-40-100. Change of address or name.

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

Statutory Authority

§ 54.1-201 of the Code of Virginia.Former 18VAC70-20-105 derived from Virginia Register Volume 22, Issue 21, eff. August 1, 2006; amended and renumbered as 18VAC145-40-100, Virginia Register Volume 28, Issue 23, eff. August 15, 2012.

18VAC145-40-110. Compliance with other laws.

A certified professional geologist:

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

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

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

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

Statutory Authority

§ 54.1-201 of the Code of Virginia.Former 18VAC70-20-110 derived from VR335-01-2 § 3.2, 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 18VAC145-40-110, Virginia Register Volume 28, Issue 23, eff. August 15, 2012.

18VAC145-40-120. Conflicts of interest.

A certified professional geologist shall not:

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

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

3. Offer, either directly or indirectly, any commission, political contribution, or other consideration in seeking work except to secure a salaried position through employment agencies.

Statutory Authority

§ 54.1-201 of the Code of Virginia.Former 18VAC70-20-120 derived from VR335-01-2 § 3.3, 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 18VAC145-40-120, Virginia Register Volume 28, Issue 23, eff. August 15, 2012.

18VAC145-40-130. Competence for assignments.

A certified professional geologist:

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

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

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

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

Statutory Authority

§ 54.1-201 of the Code of Virginia.

Historical Notes

Former 18VAC70-20-130 derived from VR335-01-2 § 3.4, 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 18VAC145-40-130, Virginia Register Volume 28, Issue 23, eff. August 15, 2012.

18VAC145-40-140. Grounds for suspension, revocation, or denial to renew or grant certification.

The board may suspend, revoke, or refuse to renew the certification of any geologist who, after a formal hearing as provided for in the Administrative Process Act (§ 2.2-4000 et seq. of the Code of Virginia), is found to have committed:

1. Fraud or deceit in obtaining or renewing certification (See subdivision 5 of § 54.1-111 of the Code of Virginia);

2. Any violation of Part III -- Standards of Practice and Conduct, other regulations of the board, or governing statutes of the board;

3. An act or acts of gross negligence, incompetence, or misconduct in the practice of geology as a certified professional geologist; or

4. Any conviction of a felony that in the opinion of the board would adversely affect the practice of geology.

Statutory Authority

§ 54.1-201 of the Code of Virginia.Former 18VAC70-20-140 derived from VR335-01-2 § 3.5, 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; amended and renumbered as 18VAC145-40-140, Virginia Register Volume 28, Issue 23, eff. August 15, 2012.

18VAC145-40-150. Reissuance of certificate after revocation.

An individual whose certificate has been revoked in accordance with 18VAC145-40-140 shall file a new application and obtain approval of the board to regain the certificate.

Statutory Authority

§ 54.1-201 of the Code of Virginia.Former 18VAC70-20-150 derived from VR335-01-2 § 3.6, 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 18VAC145-40-150, Virginia Register Volume 28, Issue 23, eff. August 15, 2012.

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