TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING

BOARD FOR PROFESSIONAL SOIL SCIENTISTS, WETLAND PROFESSIONALS, AND GEOLOGISTS

Proposed Regulation

Title of Regulation: 18VAC145-20. Professional Soil Scientists Regulations (amending 18VAC145-20-60, 18VAC145-20-91, 18VAC145-20-100, 18VAC145-20-120 through 18VAC145-20-145, 18VAC145-20-160).

Statutory Authority: § 54.1-201 of the Code of Virginia.

Public Hearing Information:

February 24, 2025 - 10 a.m. - Department of Professional and Occupational Regulation, 9960 Mayland Drive, Training Room One, Richmond, VA 23233.

Public Comment Deadline: April 11, 2025.

Agency Contact: Kathleen R. Nosbisch, Executive Director, Board for Professional Soil Scientists, Wetland Professionals, and Geologists, 9960 Mayland Drive, Suite 400, Richmond, VA 23233, telephone (804) 367-8514, FAX (804) 527-4294, or email soilscientist@dpor.virginia.gov.

Basis: Section 54.1-201 of the Code of Virginia authorizes the Board for Professional Soil Scientists, Wetland Professionals, and Geologists to promulgate regulations necessary to ensure continued competency and prevent deceptive or misleading practices by practitioners and to effectively administer the regulatory system.

Purpose: The board regulates those who engage or offer to engage in the practice of soil evaluation by requiring that such individuals obtain a license in order to engage in this occupation. Proper assessment of soils relating to composition, drainage, and stability is crucial for construction, agriculture, and environmental projects. Soil scientists who lack sufficient expertise to perform soil evaluation may pose a risk to the public health, safety, and welfare. These risks include the potential for damage to persons or property and environmental damage. Additional risks include the potential of financial harm to property owners. The proposed amendments eliminate current requirements that the board does not deem necessary to protect the public health, safety, and welfare or to effectively administer the licensure program.

Substance: The proposed amendments:

1. Revise 18VAC-145-20-60 to (i) remove an unnecessary provision that specifies that applications and accompanying materials become property of the board upon receipt and (ii) add a provision requiring applicants to provide a current mailing address;

2. Revise 18VAC-145-20-91 to remove provisions pertaining to the submission of petitions for board review of course syllabi and other documents for courses not listed in the section as an acceptable soil science course;

3. Revise 18VAC-145-20-100 to remove duplicative provisions regarding requirements for licensure and streamline provisions regarding the requirement for individuals to reapply to the board following the expiration of an applicant's examination eligibility period;

4. Revise 18VAC-145-20-130 to remove a provision that renewal notice will be sent to a licensee's last known address of record;

5. Revise 18VAC-145-20-140 to (i) extend the period for reinstatement of a license from one year to two years and (ii) clarify provisions regarding failure to reinstate a license; and

6. Revise 18VAC-145-20-145 to (i) remove a requirement that continuing education (CE) activity involving interaction with instructors be taught by instructors who are competent in the subject matter, either by education or experience; (ii) revise provisions regarding the requirement for CE activity to have an assessment by the sponsor; and (iii) revise provisions regarding the computation of CE credit.

Issues: The primary advantages to the public and regulated community include providing clarification to provisions of the regulation, ensuring the regulation complements Virginia law and reflects current agency procedures, and reducing regulatory burdens by removing requirements that are not necessary to protect the health, safety, and welfare of the public. There are no identifiable disadvantages to the public or the Commonwealth. It is not anticipated that the proposed amendments will create any substantial disadvantages to the regulated community.

Department of Planning and Budget Economic Impact Analysis:

The Department of Planning and Budget (DPB) has analyzed the economic impact of this proposed regulation in accordance with § 2.2-4007.04 of the Code of Virginia and Executive Order 19. The analysis presented represents DPB's best estimate of the potential economic impacts as of the date of this analysis.¹

Summary of the Proposed Amendments to Regulation. The Board for Professional Soil Scientists, Wetland Professionals, and Geologists (board) proposes to amend the Professional Soil Scientists Regulations to update and clarify the provisions of the regulation and ensure that it conforms to statute. In response to Executive Order 19 (2022) and Executive Directive 1 (2022), the board also seeks to reduce certain requirements, while still protecting public health, safety, and welfare. This action proposes changes to (i) requirements for initial licensure and (ii) provisions for the renewal and reinstatement of licenses, including continuing education requirements.

Background. Executive Directive 1 (2022) directs executive branch entities under the authority of the Governor to initiate regulatory processes to reduce by at least 25% the number of regulations not mandated by federal or state statute, in consultation with the Office of the Attorney General, and in a manner consistent with the laws of the Commonwealth.² Accordingly, the board proposes to provide additional time to reinstate a lapsed license by increasing the timeframe from one to two years. Other changes are intended to update and clarify language and to reflect current practice. The most substantive changes are summarized as follows:

18VAC145-20-91 would be amended to remove a provision that allows applicants to petition the board to review the syllabus for a course not listed in that section. The Department of Professional and Occupational Regulation (DPOR) reports that no such requests have been received in at least 16 years, and that the courses listed in that section are standard courses.

18VAC145-20-145 would be amended to remove a current requirement that CE courses be taught by "instructors who are competent in the subject matter, either by education or experience" because it places an undue burden on regulants to vet providers. The board also seeks to remove a requirement that the number of hours for a CE activity must have been predetermined by the sponsor and that licensees shall not claim more credit for any CE activity than was predetermined by the sponsor. This requirement was deemed redundant because the number of hours is typically included on the required documentation that verifies the licensee’s successful completion of the activity. Lastly, the board also proposes to clarify that self-directed CE activities must contain an assessment by the sponsor at the conclusion of the activity. DPOR reports that these changes would not affect current practice.

Estimated Benefits and Costs: The proposed amendments largely serve to clarify and update the regulation and are not expected to create new costs. Applicants for license reinstatement whose license expired more than a year prior, but within the past two years, would benefit from not having to reapply for a new license. The proposed changes to Sections 91 and 145 are not expected to create any new costs, and would benefit licensees by clarifying and updating the CE requirements.

Businesses and Other Entities Affected. The proposed amendments would affect the 81 currently licensed soil scientists as well as future licensees. The Code of Virginia requires DPB to assess whether an adverse impact may result from the proposed regulation.³ An adverse impact is indicated if there is any increase in net cost or reduction in net benefit for any entity, even if the benefits exceed the costs for all entities combined.⁴ As the proposed amendments neither increase net costs nor reduce net benefits, no adverse impact is indicated.

Small Businesses⁵ Affected.⁶ The proposed amendments do not adversely affect small businesses.

Localities⁷ Affected.⁸ The proposed amendments do not disproportionately affect particular localities or affect costs for local governments.

Projected Impact on Employment. The proposed amendments do not affect total employment.

Effects on the Use and Value of Private Property. The proposed amendments neither affect the use and value of private property nor real estate development costs.

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¹ Section 2.2-4007.04 of the Code of Virginia requires that such economic impact analyses determine the public benefits and costs of the proposed amendments. Further the analysis should include but not be limited to: (1) the projected number of businesses or other entities to whom the proposed regulatory action would apply, (2) the identity of any localities and types of businesses or other entities particularly affected, (3) the projected number of persons and employment positions to be affected, (4) the projected costs to affected businesses or entities to implement or comply with the regulation, and (5) the impact on the use and value of private property.

² See https://www.governor.virginia.gov/media/governorvirginiagov/governor-of-virginia/pdf/ed/ED-1-Regulatory-Reduction.pdf.

³ Pursuant to § 2.2-4007.04 D: In the event this economic impact analysis reveals that the proposed regulation would have an adverse economic impact on businesses or would impose a significant adverse economic impact on a locality, business, or entity particularly affected, the Department of Planning and Budget shall advise the Joint Commission on Administrative Rules, the House Committee on Appropriations, and the Senate Committee on Finance. Statute does not define "adverse impact," state whether only Virginia entities should be considered, nor indicate whether an adverse impact results from regulatory requirements mandated by legislation.

⁴ Statute does not define "adverse impact," state whether only Virginia entities should be considered, nor indicate whether an adverse impact results from regulatory requirements mandated by legislation. As a result, DPB has adopted a definition of adverse impact that assesses changes in net costs and benefits for each affected Virginia entity that directly results from discretionary changes to the regulation.

⁵ Pursuant to § 2.2-4007.04, small business is defined as "a business entity, including its affiliates, that (i) is independently owned and operated and (ii) employs fewer than 500 full-time employees or has gross annual sales of less than $6 million."

⁶ If the proposed regulatory action may have an adverse effect on small businesses, § 2.2-4007.04 requires that such economic impact analyses include: (1) an identification and estimate of the number of small businesses subject to the proposed regulation, (2) the projected reporting, recordkeeping, and other administrative costs required for small businesses to comply with the proposed regulation, including the type of professional skills necessary for preparing required reports and other documents, (3) a statement of the probable effect of the proposed regulation on affected small businesses, and (4) a description of any less intrusive or less costly alternative methods of achieving the purpose of the proposed regulation. Additionally, pursuant to § 2.2-4007.1 of the Code of Virginia, if there is a finding that a proposed regulation may have an adverse impact on small business, the Joint Commission on Administrative Rules shall be notified.

⁷ "Locality" can refer to either local governments or the locations in the Commonwealth where the activities relevant to the regulatory change are most likely to occur.

⁸ Section 2.2-4007.04 defines "particularly affected" as bearing disproportionate material impact.

Agency Response to Economic Impact Analysis: The Board for Professional Soil Scientists, Wetland Professionals, and Geologists concurs with the economic impact analysis prepared by the Department of Planning and Budget.

Summary:

The proposed amendments (i) remove unnecessary provisions; (ii) extend the period for reinstatement of a license to two years; (iii) clarify provisions regarding failure to reinstate a license; (iv) remove a requirement that continuing education (CE) activity involving interaction with instructors be taught by instructors who are competent in the subject matter, either by education or experience; (v) revise provisions regarding the requirement for CE activity to have an assessment by the sponsor; and (vi) revise provisions regarding the computation of CE credit.

18VAC145-20-60. General application requirements.

A. Applicants for licensure shall meet the requirements established in Chapter 22 (§ 54.1-2200 et seq.) of Title 54.1 of the Code of Virginia.

B. All applications and accompanying materials become the property of the board upon receipt by the board The applicant must provide a current mailing address.

C. The board may make further inquiries and investigations with respect to applicants' an applicant's qualifications and documentation to confirm or amplify information supplied.

D. Applicants who do not meet the requirements of this chapter may be approved following consideration by the board in accordance with the provisions of the Virginia Administrative Process Act (§ 2.2-4000 et seq. of the Code of Virginia).

18VAC145-20-91. Core course requirements.

A. At least 15 semester hours selected from the identified courses in this subsection section or the equivalent are required for course work or a degree core to be considered a degree in a soil science curriculum or a related natural science degree.

B. Applicants may petition the board to review the syllabus and other supporting documents of a course not listed in subsection A of this section for academic credit. The course must contain content that enhances applicants' knowledge in the study of soils. Applicants must demonstrate course equivalency in order to receive academic credit. Petitions to the board for such review must be made in writing.

18VAC145-20-100. Examination.

A. Applicants shall be required to pass all parts of the CSSE-prepared exam.

B. Applicants shall meet all other requirements established in Chapter 22 (§ 54.1-2200 et seq.) of Title 54.1 of the Code of Virginia in order to be granted board approval to sit for the exam.

C. B. Completed applications must be received by the board no less than 60 days prior to the exam date or applicants may be deferred to the next exam administration.

D. C. Applicants approved by the board shall be exam-eligible for a period of three years from the date of their initial board approval. Applicants who do not pass the exam at the end of the three-year period are no longer exam-eligible and must reapply as a new applicant.

E. To become exam-eligible again, applicants shall reapply to the board and meet all entry requirements current at the time of their reapplication. Upon approval by the board, applicants shall become exam-eligible for another period of three years.

F. D. Board-approved applicants eligible for admission to both parts of the exam must first pass the Fundamentals in Soil Science exam before being admitted to the Professional Practices in Soil Science exam.

G. E. Applicants will be notified by the board of whether they passed or failed the exam. The exam may not be reviewed by applicants. Exam scores are final and not subject to change.

18VAC145-20-120. Expiration.

Licenses issued under this chapter shall expire two years from the last day of the month in which they were the license was issued, as indicated on the license.

18VAC145-20-130. Procedures for renewal.

A. The board sends will send a renewal notice to the license holder at the last known address of record at least 30 days prior to expiration of the license. Failure to receive this notice does not relieve the license holder from the requirement to renew the license. License holders shall keep the board informed of their current mailing address. Changes of address shall be reported to the board in writing within 30 calendar days of the change.

B. In addition to the established fee, proof of satisfactory completion of continuing education (CE) shall be required to renew a license. Documentation submitted as proof of completion of CE must demonstrate that the CE meets the requirements established in 18VAC145-20-145.

C. If the renewal fee and proof of completion of CE are not received by the board within 30 days following the license expiration date, a late renewal fee of $25 shall be required in addition to the regular renewal fee. Upon receipt of the requisite fee and proof of completion of CE, the license shall be renewed for an additional two years. A license that is not renewed within six months after its expiration is no longer eligible for renewal. The license may be reinstated pursuant to the requirements of 18VAC145-20-140.

D. The date the fee and documented proof of completion of CE are received by the board or its agent shall determine whether a late renewal fee, the reinstatement fee, or reapplication is required.

E. A license suspended by board order may not be renewed until the period of suspension has ended and all terms and conditions of the board's order have been met. Individuals renewing licenses within 30 days after the suspension is lifted will not be required to pay a late fee.

F. A revoked license may not be renewed. An individual whose license has been revoked shall file a new application and obtain board approval to recover licensure. Examination may not be waived.

18VAC145-20-140. Reinstatement.

A. If the renewal fee, late renewal fee, and documented proof of completion of CE are not received by the board within six months following the license expiration date, the license holder shall be required to pay the fee for reinstatement. The fee for reinstatement shall include the regular renewal fee plus the reinstatement fee.

B. If the reinstatement fee and documented proof of completion of CE are not received by the board within one year two years following the license expiration date, the individual shall no longer be considered a license holder eligible for reinstatement. To become licensed again, the individual shall apply as a new applicant and meet all current education, experience, and examination requirements as established in this chapter.

18VAC145-20-145. Continuing education requirements.

A. Licensees shall complete eight contact hours of continuing education (CE) per year for renewal or reinstatement. CE shall be completed pursuant to the provisions of this section.

B. CE must be completed during the time prior to the renewal or reinstatement of a license and shall be valid for that renewal or reinstatement only.

C. CE activities completed by licensees may be accepted by the board, provided the activity:

1. Consists of content and subject matter directly related to the practice of soil science;

2. Has a clear purpose and objective that will maintain, improve, or expand the skills and knowledge relevant to the practice of soil science and may be in areas related to business practices, including project management, risk management, and ethics, that have demonstrated relevance to the practice of soil science as defined in § 54.1-2200 of the Code of Virginia;

3. Is taught by instructors who are competent in the subject matter, either by education or experience, for those activities involving an interaction with an instructor;

4. 3. Contains an assessment by the sponsor at the conclusion of the self-directed activity that verifies that the licensee has successfully achieved the purpose and objective for any self-directed activity; and

5. 4. Results in documentation that verifies the licensee's successful completion of the activity.

D. Computation of credit.

1. Fifty contact minutes shall equal one hour of CE. For activities that consist of segments that are less than 50 minutes, those segments shall be totaled for computation of CE for that activity.

2. The number of hours required to successfully complete any CE activity must have been predetermined by the sponsor. A licensee shall not claim more credit for any CE activity than was predetermined by the sponsor at the time the activity was completed.

3. 2. A licensee may not receive credit for any CE activity that was not completed in its entirety. No credit shall be given for partial completion of a CE activity.

4. 3. A licensee applying for renewal or reinstatement shall not receive credit for completing a CE activity with the same content more than once during the time period prior to the renewal or reinstatement.

18VAC145-20-160. Professional conduct.

A licensed professional soil scientist:

1. Shall not submit any false statements, make any misrepresentations, or fail to disclose any facts requested concerning any application for initial licensure, renewal, or reinstatement;

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

3. Shall not knowingly sign, stamp, or seal any plans, drawings, blueprints, surveys, reports, specifications, maps, or other documents not prepared or reviewed and approved by him the licensed professional;

4. Shall not knowingly represent a client or employer on a project on which he the licensed professional represents or has represented another client or employer without making full disclosure thereof of such representation;

5. Shall express a professional opinion only when it is founded on adequate knowledge of established facts at issue and based on a background of technical competence in the subject matter;

6. Shall not knowingly misrepresent factual information in expressing a professional opinion;

7. Shall immediately notify the client or employer and the appropriate regulatory agency if his professional the judgment of the licensed professional is overruled and not adhered to when advising appropriate parties of any circumstances of a substantial threat to the public health, safety, or welfare; and

8. Shall exercise reasonable care when rendering professional services and shall apply the technical knowledge, skill, and terminology ordinarily applied by practicing soil scientists.