CHAPTER Geo 100 DEFINITIONS, ORGANIZATION AND PUBLIC INFORMATION

PART Geo 101 PURPOSE AND SCOPE

Section Geo 101.01 Purpose and Scope. The rules of this title implement the statutory responsibilities of the New Hampshire board of professional geologist created by RSA 310-A:119. These provisions regulate the licensing of professional geologists and the practice of the profession of geology in the state of New Hampshire.

Source. #7524, eff 7-1-01

PART Geo 102 DEFINITIONS

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

(a) “Licensed professional geologist” means, “licensed professional geologist” as defined in RSA 310-A:118, IV namely “a person who, by reason of advanced knowledge of geology and the supporting physical and life sciences, acquired by education and experience, is technically and legally qualified to engage in the practice of geology as defined in this section and has successfully passed the examination as may be required in this subdivision and who is licensed by the board or otherwise authorized by this subdivision to engage in the practice of the profession of geology.”

(b) “Practice of the profession of geology” means, “practice of the profession” of geology as defined in RSA 310-A:118, V, namely “the performance of work defined as geology in this subdivision including, but not limited to researching, investigating, consulting, geological mapping, describing the natural processes that act upon the earth's materials, predicting the probable occurrence of natural resources, predicting and locating natural or man-induced phenomena which may be useful or hazardous to mankind recognizing, determining and evaluating geological factors, and the inspection and performance of geological work and the responsible supervision thereof in furtherance of the health, safety, and welfare of the public and the environment. The term shall not include the application of geologic information in the identification or determination of engineered solutions to protect the health, safety, and welfare of the public and the environment. The term shall not include the practice of engineering, land surveying, architecture, soil science or wetland science for which separate licensure or certification is required.”

(d) “Board administrator” means the board’s staff director, a person with delegated authority to perform administrative and clerical functions for the board.

Source. #7524, eff 7-1-01

PART Geo 103 BOARD ORGANIZATION

Geo 103.01 Duties and Responsibilities. The board shall administer the provisions of RSA 310-A:118-139 which include but are not limited to safeguarding life, health, and property, to promoting public welfare and maintaining a high standard of integrity regarding the practice of the profession of geology in this state.

Source. #7524, eff 7-1-01

Geo 103.02 Composition of the Board. The board shall consist of 6 members who meet the eligibility requirements of RSA 310-A:120.

Source. #7524, eff 7-1-01; ss by #8482, eff 11-10-05

Geo 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.

Source. #7524, eff 7-1-01

Geo 103.04 Staff. The board shall designate a board administrator 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.

Source. #7524, eff 7-1-01

Geo 103.05 Organization. Beginning with the regular meeting in November and annually thereafter, the board shall meet and organize and, by election from among its members, select a chairperson, vice-chairperson and secretary.

Source. #7524, eff 7-1-01

Geo 103.06 Seal. The seal of the board shall be an embossed circular seal consisting of an outer circle and an inner circle. Between the outer and inner circle shall be the words “Office of Professional Licensure and Certification” and “N.H. Boards, Councils, and Commissions”. Inside the inner circle shall be an outline of the State of New Hampshire and the letters “OPLC”.

Source. #7524, eff 7-1-01; ss by #13741, eff 11-10-23

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

(a) The board’s office shall be located at the New Hampshire Office of Professional Licensure and Certification, 7 Eagle Square, 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 administrator at:

New Hampshire Office of Professional Licensure and Certification

7 Eagle Square

Concord, N.H. 03301

Source. #7524, eff 7-1-01, EXPIRED: 7-1-16 pursuant to RSA 541-A:17, II and 2015, 276:45 and 276:54

New. #12150, eff 3-24-17; ss by 13741, eff 11-10-23

PART Geo 104 PUBLIC INFORMATION

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

Source. #7524, eff 7-1-01, EXPIRED: 7-1-09 pursuant to RSA 541-A:17,II and 2008, 303:4

New. #12150, eff 3-24-17

Geo 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.

Source. #7524, eff 7-1-01

Geo 104.03 Roster Distribution. Copies of a roster containing names, addresses, and assigned numbers of licensed professional geologists shall be furnished upon request. The fee shall be $20.00.

Source. #7524, eff 7-1-01

PART Geo 105 MEETINGS, DELIBERATIONS AND DECISIONS

Geo 105.01 Meetings. Regular meetings shall be held at least 3 times per year. Special meetings, shall be called by order of the chairperson or secretary for consideration of appropriate board business. 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.

Source. #7524, eff 7-1-01

Geo 105.02 Quorum. A quorum of the board shall consist of not less than 3 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, the chair shall designate a pro tempore officer for the officer or officers absent.

Source. #7524, eff 7-1-01

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

(a) Review and vote on the minutes;

(b) Interviews/meetings;

(d) Reading, discussion, and consideration of applications;

(e) Unfinished business;

(f) New business; and

(g) Adjournment.

Source. #7524, eff 7-1-01; ss by #12150, eff 3-24-17

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

Source. #7524, eff 7-1-01

Geo 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.

(c) A member who was absent from the meeting at which a tentative decision was made or revised may vote on a final proposal derived from the member’s evaluation of a tentative decision if the member is otherwise qualified to vote on the matter in question.

Source. #7524, eff 7-1-01

PART Geo 106 APPOINTMENT OF COMMITTEES

Geo 106.01 Committees.

(a) A committee shall consist of one or more 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.

Source. #7524, eff 7-1-01

CHAPTER Geo 200 PRACTICE AND PROCEDURE

REVISION NOTE:

Document #13742, effective 9-14-23, repealed Part Geo 201 through Part Geo 217 in Chapter Geo 200 titled “Practice and Procedure”. Document #13742 also adopted a new Part Geo 201 titled “Applicability and Waiver of Substantive Rules” containing Geo 201.01 titled “Applicability of Plc 200.” Document #13742 also renumbered, but did not readopt, the existing rule Geo 218.01 titled “Petitions for Waiver” as Geo 201.02 in the new Part Geo 201, and deleted the number and heading for the former Part Geo 218 titled “Waiver of Substantive Rules”.

Document #13742 replaces all prior filings affecting the rules in the former Part Geo 201 through Part Geo 217. The prior filings included the following documents. Italics indicate the rules were subject to expiration only pursuant to RSA 541-A:17, II:

#7525-A, eff 7-1-01

#7525-B, eff 7-1-01

#9438, eff 3-25-09

#12151, eff 3-24-17

As practice and procedure rules, the rules in Document #13742 will not expire except pursuant to RSA 541-A:17, II.

PART Geo 201 APPLICABILITY AND WAIVER OF SUBSTANTIVE RULES

Geo 201.01 Applicability of Plc 200. The Plc 200 rules shall govern the board of professional geologists with regards to all procedures for:

(a) Adjudicatory proceedings;

(b) Rulemaking submissions, considerations, and disposition of rulemaking petitions;

(d) Declaratory rulings;

(e) All statements of policy and interpretation;

(f) Explanation of adopted rules;

(g) Voluntary surrender of licenses; and

(i) Petitions for waiver of Plc 200 rules.

Source. (See Revision Note at chapter heading for Geo 200) #13742, eff 9-14-23

Geo 201.02 Petitions for Waiver.

(a) Any interested person may request the board to waive or suspend any rule not covered by Geo 203.03 by filing an original and 6 copies of a petition pursuant to Geo 206.02(b) which also identifies the rule in question and sets forth specific facts and arguments which support the requested waiver.

(b) Petitions for waivers of substantive rules shall address whether:

(1) Adherence to the rule would cause the petitioner hardship;

(2) The requested waiver is necessary because of any neglect or misfeasance on the part of the petitioner;

(3) Waiver of the rule would be consistent with the statutes administered by the board;

(4) Waiver of the rule would injure third persons; and

(5) Other good cause for waiving the rule exists.

(c) If examination of the petition reveals that other persons would be substantially affected by the proposed relief, the board shall require service of the petition on each such persons and advise each that she or he may file a reply to the petition pursuant to Geo 206.02(c).

(d) The petitioner shall provide further information or participate in such evidentiary or other proceedings ordered by the board as necessary to complete action on the petition.

(e) A petition for waiver of a rule which does not contain the information required in (b) above shall be denied without further notice or hearing.

(f) The board shall grant petitions for waiver of a rule upon finding that good cause exists to do so based on the information supplied by the petitioner pursuant to Geo 218.01(b).

(g) The board shall, if good cause to do so exists, initiate waiver or suspension of a substantive rule upon its own motion by providing affected parties with notice and an opportunity to be heard, and issuing an order which finds that:

(1) Adherence to the rule would cause the petitioner undue personal hardship;

(2) There is no neglect or misfeasance on the part of the petition;

(3) Waiver of the rule would be consistent with the statutes administered by the board; and

(4) Waiver of the rule would not injure third persons.

Source. #12151, eff 3-24-17; renumbered by #13742 (formerly Geo 218.01) (see Revision Note at chapter heading for Geo 200)

CHAPTER Geo 300 LICENSURE REQUIREMENTS

PART Geo 301 APPLICATION REQUIREMENTS

Geo 301.01 Application Process.

(a) Persons wishing to become licensed as a professional geologist shall submit an application form for licensure provided by the board which contains the information specified in Geo 301.02 including the application fee specified in Geo 305.02.

(b) The board shall acknowledge receipt of an application for licensure within 60 days of acceptance for filing and shall notify the applicant of any deficiencies in the application. Failure to remedy the deficiencies within 60 days from notification shall result in denial of the application. An application shall be considered on file with the board when all deficiencies are corrected.

(c) If the application for licensure is denied, the applicant shall be provided an opportunity to request a hearing pursuant to Geo 213.03 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 which are abandoned or have had no communication by the applicant to the board for one year shall be destroyed.

Source. #7526, eff 7-1-01; ss by #9439, eff 3-25-09; ss by #12152, eff 3-24-17

Geo 301.02 Application for Licensure.

(a) Each applicant for licensure shall provide, or cause to be provided, the following on an application for licensure form supplied by the board:

(1) The applicant’s name, including any names previously used;

(2) The applicant’s residence address, business name and address, email address, and telephone numbers;

(3) The applicant’s date of birth, place of birth, and citizenship;

(4) For each of the applicant’s employers, the dates the applicant was employed, the name of the employer, the title of the applicant’s position, the location and character of each position held by the applicant while working for each employer, the degree of responsibility at each position, and the name and present address of a licensed geologist familiar with each position;

(5) The applicant’s educational history including:

a. The names and locations of all high school and post-secondary institutions attended;

b. The dates of attendance, major(s), and degrees awarded; and

c. Certified copies of transcripts from all post-secondary institutions attended;

(6) A listing of every state in which the applicant holds or has ever held registration/licensure as a professional geologist including;

a. The license number;

b. The state of licensure;

c. The year licensed;

d. Number of hours of written exam;

e. Whether reciprocity or grandfather; and

f. Whether the license is active or lapsed and if lapsed why;

(7) State in which the applicant was first registered or licensed as a professional geologist, date of licensure, the license number, and whether the license is now in force and, if not, an explanation as to why;

(8) Whether the applicant has ever applied for professional geologist licensure in New Hampshire and the status;

(9) Whether the applicant has ever lost or been denied registration or licensure as a professional geologist or disciplined by another licensing board in any other state and if so, an explanation of the circumstances;

(10) Whether the applicant has ever taken the National Association of State Boards of Geology (ASBOG) Fundamentals of Geology examination, and if so, the location, date, and grade awarded;

(11) Whether the applicant has ever taken the National Association of State Boards of Geology (ASBOG) Practice of Geology examination, and if so, the location, date, and grade awarded;

(12) Whether the registration or licensure as a professional geologist was issued by examination and if so, the location, date and grade awarded;

(13) A statement indicating that the applicant has adhered to and agrees to abide by the ethical and professional standards of the profession;

(14) Whether the applicant has ever been convicted of any felony or any misdemeanor, or a violation involving geology or the practice of professional geology and if so, the name of the court, the details of the offense, the date of conviction, and the sentence imposed;

(15) The names, complete addresses, occupation and business relationship with applicant of 5 references as specified in Geo 302.03;

(16) A list of current memberships in professional or scientific societies, including:

a. Name of organization;

b. Location;

c. Level of membership; and

d. Dates of memberships.

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

(18) Whether the applicant is applying for facilitated licensure as a military spouse;

(19) Any additional experience information the applicant wishes to provide;

(20) An affidavit acknowledging that the applicant has provided correct and true information; and

(21) The applicant’s signature and date under penalty of unsworn falsification, pursuant to RSA 641:3, II.

(b) Each applicant for licensure who is a graduate of a non-United States or Canadian institution shall have his or her transcripts sent directly from the institution to World Education Services or a similar translation and authentication service which specializes in evaluating educational credentials for translation and authentication. The applicant shall request translation and authentication be sent from the translation and authentication organization directly to the board office for evaluation by the board.

Source. #7526, eff 7-1-01; ss by #9439, eff 3-25-09; ss by #12152, eff 3-24-17

PART Geo 302 QUALIFICATIONS OF APPLICANTS

Geo 302.01 Candidate Requirements.

(a) Candidates for licensure shall meet the requirements established by RSA 310-A:125 before a license shall be granted. Applicants shall appear for a personal audience with the board if their records of education or experience are unclear, contradictory, or incomplete. The candidate shall provide documentation of his or her work products to help determine competency.

(b) The candidate shall have performed no misconduct as set forth in RSA 310-A:133. The board shall consider all available evidence for all candidates for licensure, prior to granting any license. Substantiated evidence of failure to adhere to the ethical standards of the profession or misconduct as set forth in RSA 310-A:133 shall result in denial of licensure to any candidate.

(1) The candidate shall have either of the following:

a. A bachelor’s degree in geology or a bachelor’s degree in a related field and shall have 30 credit hours or 45 quarter hours in geology from an accredited 4-year college; or

b. A master’s or doctoral degree from a graduate program from an accredited institution in geology or a related field including, but not limited to, degrees or credit hours in geochemistry, geohydrology, geomorphology, geophysics, groundwater geology, engineering geology, environmental geology, hydrogeology, hydrology, marine geology, mineralogy, mining geology, paleontology, petrography/petrology, sedimentology/stratigraphy/historical geology, or water resources studies;

(2) The applicant shall present evidence satisfactory to the board of at least 5 years of experience in the practice of geology, of which at least 3 years must have been under the supervision of a licensed professional geologist or a geologist who otherwise meets the requirements of a licensed professional geologist as determined by the board; and

(3) The applicant shall take the fundamentals and practice of geology examinations distributed by the National Association of State Boards of Geology (ASBOG) and achieve a passing score.

Source. #7526, eff 7-1-01; ss by #9439, eff 3-25-09; ss by #12152, eff 3-24-17

Geo 302.02 Experience Requirements.

(a) Experience in the practice of geology shall be determined pursuant to RSA 310-A:125 as follows:

(1) Experience in the practice of geology shall not include routine sampling, laboratory work, or geological drafting;

(2) A completed academic year of graduate study in geology may be applied either toward a year of the experience requirement up to a total maximum of 2 years, or to the education requirement of Geo 302.01 (c), but not to both;

(3) Each completed academic year of college or graduate level teaching in geology may be applied toward one year of the experience requirement; and

(4) Experience gained in the armed services, to be creditable, shall be of a character equivalent to that which would have been gained in the civilian sector doing similar work.

(b) Whenever information presented in an application for licensure or renewal is determined by the board to be incomplete, the board shall require additional information as necessary to determine if the application requirements have been met.

Source. #7526, eff 7-1-01; ss by #9439, eff 3-25-09; ss by #12152, eff 3-24-17

Geo 302.03 References Required.

(a) Each applicant for licensure shall provide the board with the names and addresses of at least 5 individuals, who shall provide references, and who are not related to the applicant. At least 3 of the references shall be individuals having personal or professional knowledge of the applicant's professional geology experience. At least 3 of the references shall be licensed professional geologists as defined by RSA 310-A:118, IV, having detailed knowledge of the applicant's geology experience.

(b) The board shall use as references any individuals, whose names appear in any part of the completed application.

Source. #7526, eff 7-1-01; ss by #9439, eff 3-25-09; ss by #12152, eff 3-24-17

Geo 302.04 Information from References.

(a) Information from references shall be requested by the board on forms provided by the board as follows:

(1) Applicant’s name;

(2) Reference’s full name and address, relationship to the applicant, and status as a licensed professional geologist as defined in RSA 310-A:118, IV;

(3) The reference’s business or profession;

(4) Whether the reference is a licensed geologist and if so in what state and license number;

(5) Whether the reference qualifies for licensure as a professional geologist in accordance with RSA 310-A:125, I;

(6) How long the reference has known the applicant;

(7) Whether the reference is related to the applicant;

(8) The reference’s business connection with the applicant;

(9) Whether the reference knows anything that reflects adversely on the integrity or good general character of the applicant;

(10) A brief estimate of the applicant as a geologist;

(11) Whether the reference would employ the applicant in a position of trust;

(12) Whether the applicant is connected with a firm, the name and address of the firm, and the position that the applicant fills;

(13) Whether the applicant is in individual practice and the nature of such practice;

(14) Whether the reference recommends the applicant for licensure as a professional geologist; and

(15) Remarks concerning the applicant.

(b) The reference shall sign and date the form below the following attestation:

“I make the above statements with full knowledge that the person referred to is making application for licensure to the State of New Hampshire as a professional geologist.”

Source. #7526, eff 7-1-01; ss by #9439, eff 3-25-09; ss by #12152, eff 3-24-17

Geo 302.05 Additional References. The board shall require of the applicant the names and addresses of additional references if the original information provided by the references is unclear, incomplete or contradictory.

Source. #7526, eff 7-1-01; ss by #9439, eff 3-25-09; ss by #12152, eff 3-24-17

Geo 302.06 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 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 Geo 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 Geo 500;

(d) Evidence of behavior that would violate the ethical standards of Geo 500, indicates the applicant cannot be relied upon to practice competently, safely and honestly, or adhere to the ethical standards required by Geo 501.03;

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

(f) The applicant failed to successfully pass the examinations required per Geo 303.01.

Source. #7526, eff 7-1-01; ss by #9439, eff 3-25-09; ss by #12152, eff 3-24-17

PART Geo 303 EXAMINATION REQUIREMENTS

Geo 303.01 Examination Requirements.

(a) The board shall hold the Fundamentals of Geology and Practice of Geology, written national examinations semi-annually each year on dates set by the National Association of State Boards of Geology (ASBOG).

(b) All applicants for licensure shall have successfully passed the National Association of State Boards of Geology (ASBOG) Fundamentals of Geology examination.

(c) All applicants for licensure shall have successfully passed the National Association of State Boards of Geology (ASBOG) Practice of Geology examination.

Source. #7526, eff 7-1-01; ss by #9439, eff 3-25-09; ss by #12152, eff 3-24-17

Geo 303.02 Re-Examinations. Candidates failing an examination shall be entitled to re-examination upon payment of the examination fee pursuant to Geo 305.02.

Source. #7526, eff 7-1-01; ss by #9439, eff 3-25-09; ss by #12152, eff 3-24-17

Geo 303.03 Exemption from Examinations. Pursuant to RSA 310-A:131, I, no examination shall be required for professional geologist candidates who are licensed by reciprocity provided the other state’s licensing requirements are substantially equivalent to or more stringent than those of this state, as determined by the board after reviewing the application.

Source. #7526, eff 7-1-01; ss by #9439, eff 3-25-09; ss by #12152, eff 3-24-17

PART Geo 304 RECIPROCITY

Geo 304.01 Reciprocity. Candidates for licensure who are licensed or registered in another state, provided that the other state’s licensure or registration requirements are substantially equivalent to or more stringent than those of this state, shall apply to the board for licensure on a form provided by the board as specified in Geo 301.02 and pay the fee per Geo 305.02. Verification of licensure and examination shall be obtained by the candidate for licensure and submitted to the board directly from the verifying state for approval.

Source. #7526, eff 7-1-01; ss by #9439, eff 3-25-09; ss by #12152, eff 3-24-17

PART Geo 305 APPLICATION/EXAMINATION/LICENSURE FEES

Geo 305.01 Fees.

(a) All fees shall be paid in the form of cash, money order, bank draft, credit card or check made payable to "Treasurer, State of New Hampshire," and shall be non-refundable.

(b) All applicants wishing to pay a fee via credit card shall complete and submit a confidential “Credit Card Sheet”, revised 10/2016.

Source. #7526, eff 7-1-01; ss by #9439, eff 3-25-09; ss by #12152, eff 3-24-17

Geo 305.02 Application/Examination/Licensure Fees. The fees shall be as follows:

(a) The application fee for licensure as a professional geologist shall be $225.00;

(b) The fee for the fundamentals of geology examination shall be $300.00;

(d) The application fee for the certificate of licensure shall be $50.00;

(e) The biennial renewal fee shall be $150.00;

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

(g) The fee for reinstatement pursuant to Geo 401.05 shall be $510;

(h) The temporary permit fee shall be $300.00;

(i) The fee for verification of licensure shall be $25.00;

(j) The fee for replacement of a lost or mutilated certificate of licensure shall be $50.00;

(k) The fee for administration of examination for the fundamentals of geology examination for another jurisdiction shall be $150.00; and

(l) The fee for administration of examination for the practice of geology examination for another jurisdiction shall be $150.00.

Source. #7526, eff 7-1-01; ss by #9439, eff 3-25-09; ss by #12152, eff 3-24-17; amd by #12800, eff 6-7-19

PART Geo 306 TEMPORARY PERMIT

Geo 306.01 Temporary Permit.

(a) A person who is eligible to be licensed as a professional geologist in New Hampshire by reciprocity may apply for a temporary permit for a specific project in this state not to exceed an aggregate of 30 days in any one calendar year.

(b) Applicants for temporary permits shall provide, or cause to be provided, the following on a form provided by the board:

(1) The applicant’s name, including any names previously used;

(2) The applicant’s business name, addresses, home and business telephone numbers, and e-mail address;

(3) State currently licensed in, license number, and expiration date;

(4) Project title, location, and brief description of the specific project in the state;

(5) Applicant’s professional geologist stamp of jurisdiction in which applicant is licensed/registered;

(6) Certification that the applicant has taken and passed the exams described in Geo 303.01;

(7) An attestation that: “I have read the contents hereof and clearly understand that the correctness and truth of my statements as recorded in this application are material, not only to the issuance of the certificate of licensure, as applied for, but also to the retention of said certificate, if issued”; and

(8) Applicant’s signature and date.

(c) Applicants for temporary permits shall provide a copy of their current professional geology license in addition to the material described in (b) above.

(d) Applicant shall submit the application fee specified in Geo 305.02.

Source. #7526, eff 7-1-01; ss by #9439, eff 3-25-09; ss by #12152, eff 3-24-17

PART Geo 307 CREDENTIALS

Geo 307.01 License. An applicant for licensure as a professional geologist, who has met satisfactorily all the requirements of RSA 310-A and who has paid all of the fees, shall be issued a license by the board. The licensee shall be issued a license authorizing the practice of geology that shall show the name of the licensee, have a serial number, and be sealed and signed by the members of the board.

Source. #7526, eff 7-1-01; ss by #9439, eff 3-25-09; ss by #12152, eff 3-24-17

Geo 307.02 Pocket Cards. Biennially, the board shall issue a pocket card upon receipt of the biennial renewal form and fee. The card shall certify that the geologist holds a license in good standing and is authorized to practice geology to the date of expiration as shown on the card.

Source. #7526, eff 7-1-01; ss by #9439, eff 3-25-09; ss by #12152, eff 3-24-17

Geo 307.03 Licensed Professional Geologist Seal/Stamp.

(a) Upon receiving his or her license, the licensee shall acquire an impression type seal or rubber stamp of the design specified in Geo 307.03(b). This seal, signature of the licensee, and date shall be affixed on all papers or documents involving the practice of geology prepared by the licensee issued or filed for public record.

(b) The seal shall consist of 2 concentric circles with the outer circle having a diameter of 1-5/8 inches and the inner circle diameter 1-1/4 of an inch. In the space between the circles at the top shall be the words "State of New Hampshire" and at the bottom "Professional Geologist." In the space inside the inner circle shall be the full name of the licensee above an image of a crossed geological hammer and compass. The license number shall be written so as to span the image. The word “Licensed” shall be written at the bottom following the curve of the inner circle, above the words “Professional Geologist.”

(c) No licensee shall stamp or seal any documents with his or her seal after his or her license has expired or been revoked, or while it is suspended. No licensee shall stamp or seal any document that the licensee has not prepared personally or that the licensee did not directly supervise the creation thereof.

Source. #7526, eff 7-1-01; ss by #9439, eff 3-25-09; ss by #12152, eff 3-24-17

PART Geo 308 FACILITATED LICENSING FOR MILITARY SPOUSES

Geo 308.01 Licensing for Active Duty Military Spouses.

(a) Each applicant for licensure who is a military spouse pursuant to RSA 332-G:7, III shall apply to the board for licensure on an application for licensure form as specified in Geo 301.02 and pay the fee set forth in Geo 305.02.

(b) Each applicant for facilitated licensing as a military spouse shall provide a copy of the military member’s orders showing proof of active duty status.

(c) Each applicant who applies for facilitated licensing as a military spouse shall be eligible to obtain a facilitated license if the military spouse is licensed or registered in another state or jurisdiction, provided that the other state’s or jurisdiction’s licensure or registration requirements are consistent with RSA 310-A:125, Geo 302.01, and Geo 302.03.

(d) Verification of licensure and examination shall be obtained by the candidate for licensure and submitted to the board directly from the verifying state or jurisdiction for approval.

(e) A military spouse who obtains a facilitated license shall comply with all license renewal requirements pursuant to Geo 403.01.

Source. #12152, eff 3-24-17

CHAPTER Geo 400 CONTINUED STATUS

PART Geo 401 RENEWAL OF LICENSE

Geo 401.01 Expirations and Renewals. Pursuant to RSA 310-A:132, licenses shall be renewed by written application prior to the expiration date and by payment of the prescribed renewal fee. The board shall notify each professional geologist 2 months prior to expiration of his or her license.

Source. #7526, eff 7-1-01; ss by #9439, eff 3-25-09; ss by #12152, eff 3-24-17

Geo 401.02 Renewal of License. Any licensee wishing to renew a license shall submit:

(a) The renewal application supplied by the board;

(b) The fee specified in Geo 305.02 (e); and

Source. #7526, eff 7-1-01; ss by #9439, eff 3-25-09; ss by #12152, eff 3-24-17

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

(a) The applicant’s full name;

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

(d) The applicant’s e-mail address;

(e) The applicant’s license number and expiration date;

(f) The renewal amount due and late fee if applicable;

(g) Whether it’s a first time renewal;

(h) An attestation that the applicant has complied with the continuing education requirements of Geo 403;

(i) A statement indicating any disciplinary or legal judgments against the applicant for his or her services as a professional geologist;

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

(k) The applicant’s acknowledgement that knowingly providing the board with false information, or providing information with disregard for its truth or falsity when such information is in fact false, provides a basis for disciplinary action by the board; and

(l) The applicant’s signature and date.

Source. #7526, eff 7-1-01; ss by #9439, eff 3-25-09; ss by #12152, eff 3-24-17

Geo 401.04 Denial of Renewal.

(a) 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 Geo 403;

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

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

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

(b) 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.

Source. #7526, eff 7-1-01; ss by #9439, eff 3-25-09; ss by #12152, eff 3-24-17

Geo 401.05 Reinstatement of a License Suspended for Non-Renewal.

(a) Persons wishing to have their license as a professional geologist reinstated shall submit an application form described in (h)(1) below.

(b) The board shall consider all available evidence for all applicants for licensure, prior to granting any license. Substantiated evidence of failure to adhere to the ethical standards of the profession or misconduct as set forth in RSA 310-A:133 shall result in denial of reinstatement of licensure to any applicant.

(c) The board shall acknowledge receipt of an application for reinstatement of licensure within 30 days of acceptance for filing and shall notify the applicant of any deficiencies in the application.

(d) The board shall issue an approval or denial of the reinstatement application within 60 days of the submission of the completed application. An application shall be considered completed when all deficiencies are corrected.

(e) Failure of the applicant to remedy the deficiencies within 60 days from notification required in (c) above shall result in denial of the reinstatement application.

(f) If the application for licensure is denied, the applicant shall be provided an opportunity to request a hearing pursuant to Geo 213.03 on the deficiency issues identified by the board. Any request for a hearing shall be made in writing and received by the board within 30 days of the applicant’s receipt of the notification of denial.

(g) Applications which are abandoned or have had no communication by the applicant to the board for 12 months or more shall be denied.

(h) Applicants for reinstatement shall complete and submit to the board:

(1) The information described in Plc 308.06 on the “Universal Application for Licensure Renewal”;

(2) Sign and date the application in accordance with Plc 308.08;

(3) Submit the reinstatement fees as specified in Plc 1002.42; and

(4) Include evidence of having completed 24 hours of continuing education as described in Geo 403 within the immediately preceding 24 months of the submission of the application for reinstatement.

(i) The board shall fully reinstate licenses suspended for more than 12 months if the applicant:

(1) Completes all the requirement listed in (h) above; and

(2) Submits evidence of an addition 12 hours of continuing education as described in Geo 403 completed within the immediately preceding 24 months of the submission of the application for reinstatement.

Source. #7526, eff 7-1-01; ss by #9439, eff 3-25-09; ss by #12152, eff 3-24-17; ss by #13778, eff 12-11-23

Geo 401.06 Denial of Reinstatement. Reinstatement shall be denied if, after notice and an opportunity for hearing, the board finds:

(a) Noncompliance with the continuing education requirements of Geo 403;

(b) Any unethical act for which discipline shall be imposed under Geo 500;

(d) Failure to furnish complete or accurate information on a license reinstatement application.

Source. #9439, eff 3-25-09; ss by #12152, eff 3-24-17

Geo 401.07 Active Duty Military Inactive Status.

(a) The board shall place a professional geologist on inactive status pursuant to RSA 332-G:7, II upon receipt of:

(1) A written request; and

(2) Proof of active duty service in the Armed Forces of the United States.

(b) The board shall return a professional geologist to active status upon receipt of:

(1) Payment of the renewal fee;

(2) Proof of completion of the continuing education requirements pursuant to Geo 403; and

(3) Proof that the licensee has not been discharged from service in the Armed Forces of the United States for more than one year.

Source. #12152, eff 3-24-17

PART Geo 402 DISCIPLINARY MATTERS

Geo 402.01 Initiation of Disciplinary Action. The board shall undertake misconduct investigations, settlements of misconduct allegations, or disciplinary hearings, when warranted, in response to information which reasonably suggests that a licensee has engaged in professional misconduct.

Source. #7526, eff 7-1-01; ss by #9439, eff 3-25-09; ss by #12152, eff 3-24-17

Geo 402.02 Disciplinary Sanctions.

(a) 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 licensee has been subjected to disciplinary action related to professional conduct by the licensing authority of another jurisdiction, where the license was not reinstated, the board shall issue an order directing the licensee to demonstrate why reciprocal discipline should not be imposed in New Hampshire after considering the presence of aggravating or mitigating circumstances.

(c) After a finding that misconduct has occurred, the board shall impose one or more of the disciplinary sanctions authorized by RSA 310-A:133 and RSA 310-A:135, V after considering the presence of aggravating or mitigating circumstances.

(d) The following shall be considered aggravating circumstances:

(1) The seriousness of the offense;

(2) The licensee's prior disciplinary record;

(3) The licensee's state of mind at the time of the offense;

(4) The licensee’s lack of willingness to cooperate with the board; and

(5) The potential harm to public health and safety.

(e) The following shall be considered mitigating circumstances:

(1) The absence of a prior disciplinary record;

(2) The licensee’s state of mind at the time of the offense;

(3) The licensee’s acknowledgement of his or her wrongdoing; and

(4) The licensee’s willingness to cooperate with the board.

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

Source. #7526, eff 7-1-01; ss by #9439, eff 3-25-09; ss by #12152, eff 3-24-17

Geo 402.03 Civil Penalties.

(a) Adjudicative proceedings seeking the assessment of civil penalties shall be commenced against any person subject to such penalties 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 civil penalties in accordance with Geo 402.02 (c), such civil penalties shall be assessed in accordance with the factors stated in Geo 402.02 (c) and the following additional considerations:

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

(2) The licensee’s ability to pay a civil penalties assessed by the board.

(1) When no violation of the same type has occurred within the 5 years preceding the board’s notice to the respondent, the civil penalties 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 within the 5 years preceding the board’s notice to the respondent, the civil penalties assessed shall not exceed $200.00 per day or $1,500.00 per offense whichever is greater;

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

(4) In the case of continuing violations, a separate civil penalty shall be assessed for each day the violation continues, but the total amount of the civil penalties and the respondent’s promptness and cooperativeness in ceasing the prohibited conduct in question shall be considered in assessing the daily civil penalty.

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

Source. #9439, eff 3-25-09; ss by #12152, eff 3-24-17

Geo 402.04 Procedures for Assessing and Collecting Civil Penalties.

(a) Payment of civil penalties 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 a civil penalty, the board shall issue a “notice of apparent liability” describing the alleged offense, stating the amount of the assessed civil penalty, and notifying the alleged offender that he or she shall pay or compromise the civil penalties by a date certain 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 civil penalties.

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

Source. #9439, eff 3-25-09; ss by #12152, eff 3-24-17

PART Geo 403 CONTINUING EDUCATION

Geo 403.01 Continuing Education Requirements.

(a) A renewal application shall not be accepted for filing unless the licensee indicates on the renewal application, and under penalty of unsworn falsification, that he or she has completed the minimum required hours of approved continuing education required by Geo 403.01 (b) and lists the specific basis for each credit on the board provided “Continuing Education Activity Log”, revised 10/2016.

(b) Each licensee shall obtain at least 24 hours of continuing education activities during the biennial renewal period as a condition of license renewal.

Source. #7526, eff 7-1-01; ss #9439, eff 3-25-09; ss by #12152, eff 3-24-17

Geo 403.02 Continuing Education Requirements for New Licensees. New licensees shall obtain 12 continuing education hours for their first biennial renewal period.

Source. #7526, eff 7-1-01; ss #9439, eff 3-25-09; ss by #12152, eff 3-24-17

Geo 403.03 Requirements for Reciprocity. Licensees who are residents of jurisdictions other than New Hampshire shall meet the continuing education or equivalent requirements of their resident jurisdiction. The requirements for the State of New Hampshire shall be satisfied when a non-resident licensee provides evidence of having met the continuing education or equivalent requirements of their resident jurisdiction. If licensees reside in a jurisdiction that has no continuing education requirements, the resident shall meet the requirements of the State of New Hampshire.

Source. #7526, eff 7-1-01; ss #9439, eff 3-25-09; ss by #12152, eff 3-24-17

Geo 403.04 Reinstatement. In addition to the requirements set forth in Geo 401.05, an applicant for reinstatement shall obtain 12 additional hours of continuing education activity for a total of 36. Additional hours shall be for the current reinstatement period only, none shall be carried over into the licensee’s subsequent biennial renewal period.

Source. #7526, eff 7-1-01; ss #9439, eff 3-25-09; ss by #12152, eff 3-24-17

Geo 403.05 Continuing Education Requirements. Continuing education activities shall meet the following criteria:

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

(b) The content of each activity shall be well organized and presented in a sequential manner;

(c) The activity shall be led by persons who are qualified by education or experience and monitored by the sponsoring organization; and

(d) The activity provides for individual participant registration, which shall include information required for record keeping and reporting.

Source. #7526, eff 7-1-01; ss #9439, eff 3-25-09; ss by #12152, eff 3-24-17

Geo 403.06 Continuing Education Activity Hours. Hours for continuing education activities shall be awarded as follows:

(a) A maximum of 2 continuing education hours per year 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/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 CEU;

(e) One hour of credit shall be awarded for each hour of continuing education in course work, seminars, or professional technical presentations made at meetings, conventions, or conferences for each hour of attendance;

(f) Field trips organized and run by professional 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.

(g) Teaching or instructing qualifying courses or seminars or making presentations at technical meetings shall earn continuing education hours at a rate 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 teaching courses that are part of their normal teaching load;

(h) Each professional journal article, published paper, published geological map, or published geology text book shall equal 16 continuing education hours;

(i) Active participation in professional or technical societies shall equal one continuing education hour per year and shall require that the licensee serve as an officer 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, with a maximum of 4 continuing education hours per renewal period; and

(j) Continuing education hours shall not be awarded for any repeat activity attended or completed.

Source. #7526, eff 7-1-01; ss #9439, eff 3-25-09; ss by #12152, eff 3-24-17

Geo 403.07 Record Keeping.

(a) Maintaining records to be used to support continuing education hours claimed shall be the responsibility of the licensee.

(b) 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; or

(3) A copy of a listing of attendees signed by a person responsible for course or program or the course or program provider.

(c) The licensee shall retain attendance verification records for a period of at least 3 years. Such documentation shall be made available to the board for random audit and 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 5 percent of the licensees shall be randomly selected each year by the board for compliance with Geo 403.01.

Source. #7526, eff 7-1-01; ss #9439, eff 3-25-09; ss by #12152, eff 3-24-17

Geo 403.08 Exemptions. A licensee shall be exempt from the continuing education requirements as follows:

(a) A licensee serving on temporary active duty in the armed forces of the United States for a period of time exceeding 120 consecutive days in a year shall be exempt from obtaining 12 of the continuing education hours required; and

(b) Licensees experiencing disability, illness, or other extenuating circumstances which would prevent the licensee from completing the required continuing education hours shall apply in writing to the board for specific exemption. Relevant supporting documentation shall be furnished to the board when necessary for a fair and informed determination by the board.

Source. #7526, eff 7-1-01; ss #9439, eff 3-25-09; ss by #12152, eff 3-24-17

Geo 403.09 Waiver of Education Deadline. A licensee may request waiver of continuing education 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 licensee which actually prevents the licensee from satisfying the continuing education requirements;

(c) Relevant supporting documentation from the licensee’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.

Source. #7526, eff 7-1-01; ss #9439, eff 3-25-09; ss by #12152, eff 3-24-17

Geo 403.10 Noncompliance. Failure to complete continuing education requirements in a timely fashion, or failure to submit documentation which establishes that said requirements were so completed, shall after notice and opportunity for hearing, result in disciplinary action pursuant to Geo 402.02 unless a waiver petition has been timely filed and duly granted by the board.

Source. #7526, eff 7-1-01; ss #9439, eff 3-25-09; ss by #12152, eff 3-24-17

CHAPTER Geo 500 ETHICAL STANDARDS AND LICENSE SURRENDER

PART Geo 501 ETHICAL STANDARDS

Geo 501.01 Purpose and Scope.

(a) In order to safeguard the life, health, property, and welfare of the public, and to establish and maintain a high standard of integrity in the professional practice of geology, the following rules of professional conduct are promulgated in accordance with RSA 310-A.

(b) These rules shall be binding upon every person holding a license as a professional geologist in this state.

Source. #7526, eff 7-1-01; ss #9439, eff 3-25-09; ss by #12152, eff 3-24-17

Geo 501.02 Obligation To Obey.

(a) Violation of these ethical standards shall result in disciplinary sanctions. Conduct proscribed by these ethical standards, when performed by a candidate for licensure as a professional geologist in this state, or during a prior period of licensure, shall result in denying a license application.

(b) All persons licensed 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 the profession of geology is a privilege, as opposed to a right, and the licensed professional geologist shall be forthright and candid in the licensee's statements or written response to the board or its representatives on matters pertaining to professional conduct.

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

(d) Licensees shall inform the board of a principle business or home address to which all official board communications should be directed, and also of all addresses where he or she is practicing. The establishment of a business or home address or the change or abandonment of a business or home address shall be reported to the board within 30 days.

Source. #7526, eff 7-1-01; ss #9439, eff 3-25-09; ss by #12152, eff 3-24-17

Geo 501.03 Standards of Conduct.

(a) The licensed professional geologist shall hold paramount the safety, health, and welfare of the public.

(b) The licensed professional geologist shall:

(1) Perform his or her services only in areas of his or 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) Not engage in deceptive acts;

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

(6) Undertake to perform geology assignments only when qualified by education or experience in the specific technical field of professional geology involved;

(7) Accept an assignment requiring education or experience outside of his or her own field of competence, only to the extent that his or her services are restricted to those phases of the project in which he or she is qualified. All other phases of such project shall be performed by qualified persons;

(8) Not affix his/her signature or seal to any plan or document dealing with subject matter for which he or she lacks competence by virtue of education or experience, nor to any such plan or document not prepared under his or her direct supervisory control, however he or she may affix his/her seal and signature to drawings and documents depicting the work of 2 or more professionals provided he or she designates by a note under his/her seal the specific subject matter for which he/she is responsible; and

(9) Exercise direct supervisory control, responsible charge which requires a licensee or employee to carry out all client contracts, provide internal and external financial control, oversee employee training, and exercise control and supervision over all jobs requirements to include research, planning, design, field supervision, and work product review. A licensee shall not contract with a non-licensed individual to provide these professional services.

(d) The licensed professional geologists shall:

(1) Be objective and truthful in all professional reports, statements or testimony, and include all relevant and pertinent 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 when it is founded upon adequate knowledge of the facts in issue, upon a background of technical competence in the subject matter, and upon honest conviction of the accuracy and propriety of his or her testimony;

(3) Issue no statements, criticisms, or arguments on geological issues connected with public policy which are influenced or paid for by an interested party, or parties, unless he or she has prefaced his or her comment by explicitly identifying himself or herself by disclosing the identities of the party or parties on whose behalf he or she is speaking, and by revealing the existence of any pecuniary interest he or she may have in the instant matters;

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

(5) If he or she believes that another licensed professional geologist is guilty of misconduct or illegal practice, he shall present such information to the board.

(e) The licensed professional geologist shall avoid conflicts of interest.

(f) The licensed professional geologist shall:

(1) Promptly inform his employer or client of any business associations, interests, or circumstances, which could influence his or her judgment, or the quality of his or 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 financial or other valuable considerations, directly or indirectly, from contractors, their agents, or other parties dealing with his or her client or employer in connection with work for which he or 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 services provided by him or her or his or her organization in the private practice of the profession of geology; and

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

(g) The licensed professional geologist shall solicit or accept work only on the basis of his/her qualifications.

(h) The licensed professional geologist shall:

(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 and shall not solicit or submit proposals for professional services containing false, fraudulent, misleading, deceptive or unfair statements or claims regarding the cost, quality or extent of services to be rendered;

(3) Not falsify or permit misrepresentation of his or her, or his or her associates’ academic or professional qualifications, or misrepresent his or her degree of responsibility in or for the subject matter of prior assignments; and

(4) 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 or her or their past accomplishments with the intent and purpose of enhancing his or her qualifications and his or her work.

(i) The licensed professional geologist shall perform his/her services in an ethical and lawful manner.

(j) The licensed professional geologist shall:

(1) Not knowingly associate with or permit the use of his/her name in a business venture by any person or firm which he or she knows, or has reason to believe, is engaging in business or professional practices of a fraudulent or dishonest nature;

(2) If he/she has knowledge or reason to believe that another licensed professional geologist may be in violation of any of these provisions 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

(3) Cooperate with investigations and requests for information from the board and the board’s representatives.

Source. #7526, eff 7-1-01; ss #9439, eff 3-25-09; ss by #12152, eff 3-24-17

PART Geo 502 VOLUNTARY LICENSE SURRENDER

Geo 502.01 Procedure for Surrendering a License. Any person holding a license may voluntarily surrender that license by returning it to the board accompanied by a signed letter stating that he or she intends to surrender his or her license.

Source. #7526, eff 7-1-01; ss #9439, eff 3-25-09; ss by #12152, eff 3-24-17

Geo 502.02 Effect of Voluntary License Surrender.

(a) A licensee who voluntarily surrenders a license shall retain no right or privilege of a New Hampshire licensee unless such a right or privilege is expressly preserved in the board order or settlement agreement authorizing the voluntary surrender. Subject to such possible preservations, a person who reapplies for licensure 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 and professional character requirements.

(b) Non-renewal of a license shall not preclude the board from investigating or completing a disciplinary proceeding based upon the licensee’s professional conduct while the license was still in effect. Nor shall surrender of a license preclude the board from investigating or initiating disciplinary proceedings not expressly referenced in the voluntary surrender order or settlement agreement. Such investigations and proceedings shall be handled in the same manner as other disciplinary investigations and proceedings.

Source. #7526, eff 7-1-01; ss #9439, eff 3-25-09; ss by #12152, eff 3-24-17

Geo 502.03 Voluntary Surrender When Misconduct Allegations are Pending.

(a) A licensee who wishes to surrender his or her license 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 license surrender has occurred in settlement of pending disciplinary charges; and

(2) That the pending disciplinary allegations shall be fully resolved prior to any future application filed by the licensee in New Hampshire.

(c) The board shall decline to accept a settlement agreement under (a), above, if the board believes the licensee has unreasonably 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 licensee subsequently reapplies for a license.

(d) A licensee’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 license 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.

Source. #7526, eff 7-1-01; ss #9439, eff 3-25-09; ss by #12152, eff 3-24-17

APPENDIX

Rule	Specific State Statute the Rule Implements

Geo 101	RSA 310-A:119
Geo 102	RSA 310-A:118
Geo 103.06	RSA 541-A:16, I(a)
Geo 103.02	RSA 310-A:120, I; RSA 310-A:121
Geo 104.01	RSA 91-A:4, RSA 310-A:120, RSA 541-A:16, I(a)
Geo 105.03	RSA 310-A:120, RSA 541-A:16, I(a)

Geo 201.01	RSA 541-A:16, I(b)
Geo 201.02	RSA 541-A:16, I(b)

Geo 301	RSA 310-A:121, I (a); RSA 310-A:124; RSA 310-A:125, I, III
Geo 302	RSA 310-A:121, II, RSA 310-A:129, RSA 310-A:131, I and RSA 310-A:132
Geo 303	RSA 310-A:125, I and RSA 310-A:121, I(b)
Geo 304	RSA 310-A:129 and RSA 310-A:121, I(c)
Geo 305	RSA 310-A:121, II
Geo 305.02(b) and (c)	RSA 310-A:121, II(a)
Geo 306	RSA 310-A:131, II
Geo 307	RSA 310-A:130
Geo 308	RSA 332-G:7, IV

Geo 401	RSA 310-A:132; RSA 332-G:7, II
Geo 402	RSA 310-A:133, RSA 310-A:135, I, V and RSA 310-A:121, I(e)
Geo 403	RSA 310-A:127 and RSA 310-A:121, I(d)
Geo 404	RSA 310-A:133

Geo 501	RSA 310-A:121, I(e) and RSA 310-A:126
Geo 502	RSA 310-A:121, I(e) and RSA 310-A:126