Title of Regulation: 18VAC145-40. Regulations for the Geology Certification Program (amending 18VAC145-40-10, 18VAC145-40-20; adding 18VAC145-40-83, 18VAC145-40-85).

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

Public Hearing Information: No public hearings are scheduled.

Public Comment Deadline: December 5, 2012.

Effective Date: January 1, 2013.

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 (866) 465-6206, or email soilscientist@dpor.virginia.gov.

Basis: Section 54.1-201 of the Code of Virginia states that the board has the power and duty "To promulgate regulations in accordance with the Administrative Process Act (§ 2.2-4000 et seq.) necessary to assure continued competency, to prevent deceptive or misleading practices by practitioners and to effectively administer the regulatory system administered by the regulatory board. The regulations shall not be in conflict with the purposes and intent of this chapter or of Chapters 1 (§ 54.1-100 et seq.) and 3 (§ 54.1-300 et seq.) of this title."

Purpose: Currently, several colleges and universities, in other states, require students graduating with degrees in geology to take the Fundamentals of Geology (FG) exam as part of their degree program. The board believes that allowing individuals to take the FG exam shortly after completion of course work rather than years after completion of course work may result in a higher pass rate. By allowing qualified college students and more recent college graduates to sit for the FG exam, and for college graduates who have passed the FG exam to earn the designation of Geologist-in-Training (GIT), the board believes there will be an increase in the number individuals who pass the FG exam, and subsequently, meet all of the qualifications to become certified Virginia professional geologists. Ensuring that geologists have at least the minimal competencies to perform geological work protects the health, safety, and welfare of Virginia citizens.

Rationale for Using Fast-Track Process: The fast-track process is being used because the proposed amendments are less restrictive than the current regulation, are expected to be noncontroversial, and are consistent with other professions (e.g., professional engineers and architects). The proposed amendments do not diminish the qualifications that must be met to become a Virginia certified professional geologist. Individuals seeking certification will be required to meet all education, examination, and experience requirements as set forth in the board's regulations.

Substance: Substantive changes to existing sections include adding the definition of "Geologist-in-Training (GIT)" and an application fee for the GIT designation. New substantive provisions include adding qualifications for individuals to sit for the Fundamentals of Geology (FG) exam and adding qualifications for individuals to earn the GIT designation.

Issues: The advantages to the public are the less restrictive qualifications to sit for the FG exam and creation of the GIT designation while continuing to ensure that individuals seeking certification as a Virginia certified professional geologist possess all qualifications and minimum competencies set by the board's regulation.

The primary advantage to the Commonwealth is the continuance of a successful voluntary certification program with the potential for an increase in individuals seeking certification as professional geologists.

There are no disadvantages to the public or the Commonwealth.

Department of Planning and Budget's Economic Impact Analysis:

Summary of the Proposed Amendments to Regulation. The Board for Geology (Board) proposes to create a Geologist-in-Training (GIT) designation.

Result of Analysis. The benefits likely exceed the costs for all proposed changes.

Estimated Economic Impact. Section 54.1-2208.1 (formerly § 54.1-1401) of the Code of Virginia states, in part, that "The certification program set forth in this chapter is voluntary and shall not be construed to prevent or affect the practice of geology by uncertified geologists; however, no person may represent himself as a Virginia certified professional geologist unless he has been so certified by the Board." Thus, professional geologist certification is essentially title protection and is not required in order to legally work as a geologist.

The current and proposed regulations specify the qualifications required for certification as a professional geologist. The qualifications include the completion of extensive education and experience requirements, as well as passing a Board-approved examination. The Board proposes to create a Geologist-in-Training (GIT) designation which would have similar education requirements to the professional geologist certification, but would not require geological work experience.

The current regulations do not specify that applicants must complete geological work experience prior to sitting for the Board-approved exam. In practice though, it appears that the Board does not permit applicants to take the exam until work experience is completed. In the agency background document for this proposed action the Department of Professional and Occupation Regulation (Department) states the following:

Currently, several colleges and universities, in other states, require students graduating with degrees in geology to take the exam as part of their degree program. The Board believes that allowing individuals to take the exam shortly after completion of course work rather than years after completion of course work may result in a higher pass rate. By allowing qualified college students and more recent college graduates to sit for the exam, and for college graduates who have passed the exam to earn the designation of GIT, the Board believes there will be an increase in the number individuals who pass the exam, and subsequently, meet all of the qualifications to become Certified Virginia Professional Geologists.

Whether or not new language is necessary in order to allow qualified college students and more recent college graduates to sit for the exam, there appears to be no disadvantage to the public for allowing these individuals to sit for the exam.

Businesses and Entities Affected. The Department expects approximately 60 applicants for the Geologist-in-Training designation annually.

Localities Particularly Affected. The proposed regulations do not disproportionately affect particular localities.

Projected Impact on Employment. The proposal amendments are unlikely to significantly affect total employment.

Effects on the Use and Value of Private Property. The proposed amendments are unlikely to significantly affect the use and value of private property.

Small Businesses: Costs and Other Effects. The proposed amendments are unlikely to significantly affect small businesses.

Small Businesses: Alternative Method that Minimizes Adverse Impact. The proposed amendments are unlikely to significantly affect small businesses.

Real Estate Development Costs. The proposed amendments are unlikely to significantly affect real estate development costs.

Legal Mandate. 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 Administrative Process Act and Executive Order Number 14 (10). Section 2.2-4007.04 requires that such economic impact analyses include, but need not be limited to, the projected number of businesses or other entities to whom the regulation would apply, the identity of any localities and types of businesses or other entities particularly affected, the projected number of persons and employment positions to be affected, the projected costs to affected businesses or entities to implement or comply with the regulation, and the impact on the use and value of private property. Further, if the proposed regulation has adverse effect on small businesses, § 2.2-4007.04 requires that such economic impact analyses include (i) an identification and estimate of the number of small businesses subject to the regulation; (ii) the projected reporting, recordkeeping, and other administrative costs required for small businesses to comply with the regulation, including the type of professional skills necessary for preparing required reports and other documents; (iii) a statement of the probable effect of the regulation on affected small businesses; and (iv) a description of any less intrusive or less costly alternative methods of achieving the purpose of the regulation. The analysis presented above represents DPB's best estimate of these economic impacts.

Agency's Response to Economic Impact Analysis: The agency concurs with the economic impact analysis completed by the Department of Planning and Budget.

Summary:

The amendments change the qualifications for applicants applying to sit for the Fundamentals of Geology (FG) exam by removing the work experience requirement and by allowing not only college graduates with baccalaureate or higher degrees, but also undergraduate college students within 12 months of completing undergraduate degree requirements and graduate college students within six months of completing graduate degree requirements, to apply to sit for the FG exam. The amendments also allow individuals who have passed the FG exam, completed the required geological science course work, and obtained a baccalaureate or higher degree to apply for the designation of Geologist-in-Training (GIT).

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.

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 $40.

2. The fee for renewal of certification shall be $35.

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

3. 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.

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

5. 6. The reinstatement fee shall be $40.

18VAC145-40-83. Qualifications for the Fundamentals of Geology (FG) examination.

The board may approve applicants to sit for the Fundamentals of Geology (FG) examination without having met the experience requirements of 18VAC145-40-70. The applicant shall submit an application on forms provided by the board, pay the fee established in 18VAC145-40-20, and satisfy one of the following requirements:

1. Hold a baccalaureate or higher degree from an accredited college or university with a major in geology, engineering geology, geological engineering, or a related geological science and provide an official college transcript that demonstrates satisfactory completion of the degree program.

2. Hold a baccalaureate or higher degree from an accredited college or university with a major other than geology, engineering geology, geological engineering, or a related geological science and satisfactorily completed at least 30 semester hours (or the equivalent) of geological science courses including, but not limited to, the following subjects:

a. Stratigraphy;

b. Structural geology;

c. Mineralogy;

d. Paleontology;

e. Petrology;

f. Geomorphology; and

g. Field geology.

At least 12 of the 30 semester hours of geological science courses must have been completed in four of the seven subjects listed in this subsection. The applicant shall provide an official college transcript and written documentation that demonstrates the courses satisfactorily completed are equivalent to those required by this section.

3. Be enrolled in an undergraduate geology, engineering geology, geological engineering, or a related geological science curriculum of at least four years at an accredited college or university and be within 12 months of completing undergraduate degree requirements. The applicant shall provide an official college transcript that demonstrates satisfactory completion of course work.

4. Be enrolled in a graduate geology, engineering geology, geological engineering, or a related geological science curriculum at an accredited college or university and be within six months of completing graduate degree requirements. The applicant shall provide an official college transcript that demonstrates satisfactory completion of course work.

18VAC145-40-85. Qualifications for Geologist-in-Training (GIT) designation.

A. To be eligible to obtain the GIT designation, each applicant shall:

1. Make application on forms provided by the board;

2. Be of ethical character;

3. Have achieved a passing score on a board-approved Fundamentals of Geology examination;

4. Hold a baccalaureate or higher degree from an accredited college or university with a major in geology, engineering geology, geological engineering, or a related geological science; or

5. Hold a baccalaureate or higher degree from an accredited college or university with a major other than geology, engineering geology, geological engineering, or a related geological science and have satisfactorily completed at least 30 semester hours (or the equivalent) of geological science courses including, but not limited to, the following subjects: stratigraphy, structural geology, mineralogy, paleontology, petrology, geomorphology, and field geology. At least 12 of the 30 semester hours of geological science courses must have been completed in four of the seven subjects listed in this subsection.

B. Prior to obtaining the designation of GIT, an applicant who qualified to sit for a board-approved Fundamentals of Geology examination under subdivision 3 or 4 of 18VAC145-40-83 and passed the examination must provide an official college transcript that demonstrates satisfactory completion of the degree program.

C. The designation of GIT will remain valid until the individual meets all requirements for certification as a Virginia certified professional geologist.

D. The designation of GIT does not give an individual the authority to practice as a certified professional geologist. An individual may not practice as a certified professional geologist in the Commonwealth of Virginia until his competence has been attested by the board through certification.

FORMS (18VAC145-40)

Certification Application, 28CERT (rev. 6/00).

Geologist-in-Training Designation Application (rev. 10/12).

Experience Log, 28EXP (rev. 1/05).