CHAPTER Soil
100 DEFINITIONS, ORGANIZATION AND PUBLIC
INFORMATION
PART Soil 101 PURPOSE AND SCOPE
Soil 101.01 Purpose and Scope. The rules of this
title implement the statutory responsibilities of the New Hampshire board of
natural scientists created by RSA 310-A:81.
The rules in this title regulate but are not limited to the
certification of soil and wetland scientists and the practice of soil and
wetland science in the state of New Hampshire.
Source. #6231, eff 4-26-96; ss by #8006, eff
12-18-03; ss by #14535, eff 4-1-26
PART Soil 102 DEFINITIONS
Soil 102.01 Terms Used. As used in these rules, the following terms
shall have the meanings indicated:
(a) “Apprentice” means those persons who are in
the process of completing the requirements for the classifications of either a
soil scientist or wetland scientist in accordance with Soil 300;
(b) “Board” means the New Hampshire board of
natural scientists created by RSA 310-A:81;
(c) “Executive director” means the executive
director of the office of professional licensure and certification (OPLC);
(d) “Office” means the office of professional
licensure and certification (OPLC);
(e) "Pedological principles" means,
“pedological principles” as defined in RSA 310-A:76, III namely “but is not
limited to, the taxonomic identification, classification, and morphological
description of soils as natural bodies.”
(f) “Practice of soil science” means “practice of
soil science” as defined in RSA 310-A:76, IV namely “any professional service
that requires the application of pedological principles to identify, classify,
and prepare maps delineating soils according to the standards of the National
Cooperative Soil Survey or other standards approved by the board.”;
(g) “Soil scientist” means, “certified soil
scientist” as defined in RSA 310-A:76, II namely “a person who, by reason of
special knowledge of pedological principles acquired by professional education
and practical experience, as specified by RSA 310-A:84, I and II, is qualified
to identify, classify, and prepare soil maps according to the standards of the
National Cooperative Soil Survey, or standards adopted by the New Hampshire
department of environmental services, or standards adopted by the board, and who
has been duly certified by the office.”;
(h) "Certified wetland scientist" means
“certified wetland scientist” as defined in RSA 310-A:76, II-a, namely “a
person who, by reason of his or her special knowledge of hydric soils,
hydrophytic vegetation, and wetland hydrology acquired by course work and
experience, as specified by RSA 310-A:84, II-a and II-b, is qualified to
delineate wetland boundaries and to prepare wetland maps; to classify wetlands;
to prepare wetland function and value assessments; to design wetland
mitigation; to implement wetland mitigation; to monitor wetlands functions and
values; and to prepare associated reports, all in accordance with standards for
identification of wetlands adopted by the New Hampshire department of
environmental services or the United States Army Corps of Engineers or their
successors, and who has been duly certified by the office.”
Source. #4676, eff 9-20-89, EXPIRED: 9-20-95
New. #6231,
eff 4-26-96; ss by #8006, eff 12-18-03; ss by #13640, 7-18-23; ss by #14535, eff 4-1-26
PART Soil 103 BOARD ORGANIZATION
Soil 103.01 Duties and Responsibilities. The board shall administer the provisions of
RSA 310-A:75 through RSA 310-A:95 which include but are not limited to
fostering intelligent application of the knowledge of soil properties and
wetland characteristics in planning and implementing land use decisions in this
state.
Source. #4676, eff 9-20-89, EXPIRED: 9-20-95
New. #6231,
eff 4-26-96; ss by #8006, eff 12-18-03;
ss by #14535, eff 4-1-26
Soil 103.02 Composition of the Board. Pursuant to RSA 310-A:81, I, the board shall
consist of 7 members who meet the eligibility requirements of RSA 310-A:81, I
and II.
Source. #4676, eff 9-20-89, EXPIRED: 9-20-95
New. #6231,
eff 4-26-96; ss by #8006, eff 12-18-03;
ss by #14535, eff 4-1-26
Soil
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. #6231,
eff 4-26-96; ss by #8006, eff 12-18-03;
ss by #14535, eff 4-1-26
Soil
103.04 Organization. In October of even years,
the board shall meet and organize and, by election from among its members,
select a chairperson and vice-chairperson.
Source. #8006,
eff 12-18-03; ss by #14535, eff 4-1-26
(formerly Soil 103.05)
Soil 103.05
Office Hours, Office Location, Mailing Address and Telephone.
(a) The board’s office shall be located at the
OPLC, 7 Eagle Square, Concord, N.H. and shall be open to the public
weekdays, excluding state holidays, from 8:00 a.m. to 4:00 p.m.
(b) Correspondence shall be addressed to the
board at:
Office of Professional Licensure and Certification
7 Eagle Square
Concord, N.H. 03301
(c) The board’s telephone number shall be
(603)-271-2152.
Source. #8006,
eff 12-18-03; ss by #13640, eff 7-18-23;
ss by #14535, eff 4-1-26 (formerly Soil 103.07)
PART Soil 104 PUBLIC INFORMATION
Soil 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 governmental records
and shall be available for inspection during the board’s ordinary office hours
within 5 days
from the close the meeting or vote in question unless the 72 hours
availability requirement of RSA 91-A:3, III is applicable.
Source. #8006,
eff 12-18-03; ss by #9884, eff
3-11-11; ss by #14535, eff 4-1-26
Soil 104.02 Custodian of Records. Persons desiring
copies of board records shall submit a written request to OPLC as required in Plc 104
which identifies as particularly as possible the information being sought and agree to pay the actual costs incurred by the OPLC for the
documents provided. If records are
requested which contain both public and confidential information, the OPLC shall
delete the confidential information and provide the remaining information.
Source. #8006,
eff 12-18-03; ss by #14535, eff 4-1-26
PART Soil 105 MEETINGS, DELIBERATIONS AND DECISIONS
Soil 105.01 Meetings. Regular meetings shall be held at least 3
times each year. Special meetings shall
be called by order of the chairperson or vice chairperson. 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.
Source. #8006,
eff 12-18-03; ss by #14535, eff 4-1-26
Soil 105.02 Quorum. A quorum of the board shall consist of a
majority of the
members present
who have been approved by the governor and executive council. In the
absence of the chair or vice chair, a quorum of the board shall designate a pro tempore
officer for the officer or officers absent.
Source. #8006,
eff 12-18-03; ss by #14535, eff 4-1-26
CHAPTER Soil
200 PRACTICE AND PROCEDURE
PART Soil 201 PRACTICE AND PROCEDURES
REVISION
NOTE:
Document
#14535, effective 4-1-26, repealed all of previous
chapter Soil 200 and adopted new text.
Soil 201.01 Rules of Practice and Procedure. The
Plc 200 rules shall govern with regards to all
procedures for:
(a) The receipt and investigation of misconduct complaints;
(b) The conduct of adjudicative and
non-adjudicative proceedings;
(c) Rulemaking submissions, considerations, and
dispositions of rulemaking petitions;
(d) Public comment hearings;
(e) Declaratory rulings;
(f) Explanation of adopted rules;
(g) Voluntary surrender of licenses; and
(h) Waivers.
Source. #14535, eff 4-1-26
CHAPTER Soil 300 CERTIFICATION REQUIREMENTS
REVISION NOTE #1:
Document
#9886-A and Document #9886-B, effective 3-11-11, readopted with amendments
Chapters Soil 300 and Soil 400. Document
#9886-A also readopted with amendments Chapter Soil 500. Document #9886-A also renumbered rules within
Chapter Soil 300, as follows:
Former
Rule New
Rule
Soil
303.01 and Soil 303.03 Soil
303.01
Soil
303.02 and Soil 303.04 Soil
303.02
Soil
303.05 Soil
303.03
Soil
305.01-305.04 Soil
304.01-Soil 304.04
Soil
306.01 Soil
305.01
The
prior filings affecting the former rule Soil 303.01 included the following
documents:
#4676,
effective 9-20-89, EXPIRED 9-20-95
#6232,
effective 4-26-96
#6881,
effective 11-13-98
#8008,
effective 12-18-03
The
prior filings affecting the former rule Soil 303.03 included the following
documents:
#4676,
effective 9-20-89, EXPIRED 9-20-95
#6232,
effective 4-26-96
#6881,
effective 11-13-98 (from Soil 303.02)
#7189,
effective 1-11-00
#8008,
effective 12-18-03
The
prior filings affecting the former rule Soil 303.02 included the following
documents:
#4676,
effective 9-20-89, EXPIRED 9-20-95
#6232,
effective 4-26-96
#6881,
effective 11-13-98
#7189,
effective 1-11-00
#9045,
effective 12-5-07
The
prior filings affecting the former rule Soil 303.04 included the following
documents:
#6881,
effective 11-13-98 (formerly Soil 303.03)
#7189,
effective 1-11-00
#9045,
effective 12-5-07
Former
Soil 304 on reciprocity had been filed under Document #4676, effective 9-20-89,
and expired 9-20-95, but the number was reserved in Document #6232, effective
4-26-96.
The
source notes in Soil 300 below which have been renumbered by Document #9886-A
include the former rule number, and the documents cited apply to the former
rule number.
REVISION NOTE #2:
Document
#14019, effective 9-6-24, adopted and readopted with amendments
all of the rules in Chapter Soil 300. The rules which were adopted had previously
expired 3-11-19 as indicated in the source notes, except for Soil 304.03 titled
“Authorization to Practice” which was new.
The
former Soil 301.03 titled “Fees” and Soil 301.05 titled “Replacement Fee” had
expired 3-11-19 and were not adopted again.
The former Soil 301.04 titled “Application, Certification Examination
Fees” had expired 3-11-19 but was revised and adopted again and renumbered as
Soil 301.03 titled “Application and Certification Examination Fees”. The prior filings affecting the expired Soil
301.03 and Soil 301.05 included the following documents as noted:
#4676, eff 9-20-89, EXPIRED: 9-20-95 (Soil 301.03 only)
#6232, eff 4-26-96
#8008, eff 12-18-03
#9886-A, eff 3-11-11, EXPIRED: 3-11-19
Paragraphs (a) and
(c) of Soil 301.07 titled “Information from References for Wetland Scientist
Candidates” had expired 3-11-19. Paragraph (b) was amended and incorporated
into the former Soil 301.06, which was renumbered as Soil 301.04, and now
titled “Information from References for Soil Scientist and Wetlands Scientist
Candidates.”
Document #14019
also renumbered expired Soil 301.04 as Soil 301.03, expired Soil 301.08 as Soil
301.05, expired Soil 304.03 as Soil 304.04, and expired Soil 304.04 as Soil
304.05. The source notes in Soil 300
below which have been renumbered by Document #14019 include the former rule
number, and the documents cited apply to the former rule number.
Document #14019
replaces all prior filings affecting the rules in this chapter.
CHAPTER Soil 300 CERTIFICATION
REQUIREMENTS
PART Soil 301 APPLICATION
REQUIREMENTS
Soil 301.01 Application Process.
(a) The initial application to become an
apprentice soil or wetland scientist or certified as a soil or wetland
scientist shall be processed in accordance with Plc 304.06 through Plc 304.10.
(b)
A person wishing to become an apprentice soil or wetland scientist shall
submit the following:
(1) The “Universal Application
for Initial Licensure” and the “Soil or Wetland Scientist Apprentice Addendum
to the Universal Application for Initial Licensure” required by Soil 301.02(a);
(2) If the applicant answered in
the affirmative to any of the yes or no questions on the “Universal Application
for Initial Licensure” form, a detailed description of the incident(s);
(3) A completed “Professional
Reference Form” described in Soil 301.04(b);
(4) A certified copy of
transcripts from all post-secondary institutions attended, as described in Soil
301.02(b)(2); and
(5) The application fee specified
in Plc 1002.31.
(c)
A person wishing to become certified as a soil or wetland scientist
shall submit the following:
(1) A completed “Universal
Application for Initial Licensure” and a “Soil or Wetland Scientist Addendum to
the Universal Application for Initial Licensure” required by Soil 301.02(c);
(2) A certified copy of
transcripts from all post-secondary institutions attended, as described in Soil
301.02(b)(2);
(3) A completed “Professional
Reference Form” described in Soil 301.04(b);
(4) Copies of at least 6 maps as
follows:
a. For wetland scientists, the
maps described in Soil 302.04(b); and
b. For soil scientists, the maps
as described in Soil 302.02(c);
(5) A passing score on the
examination described in Soil 303;
(6) If the applicant answered in
the affirmative to any of the yes or no questions located on the “Universal
Application for Initial Licensure” described in Plc 304.03(e), a detailed
description of the incident(s); and
(7) The application fee specified
in Plc 1002.31.
Source.
#4676, eff 9-20-89, EXPIRED: 9-20-95
New. #6232,
eff 4-26-96; ss by #6881, eff 11-13-98; ss by #8621, eff 5-2-06; ss by #9886-A,
eff 3-11-11, EXPIRED: 3-11-19
New. #14019, eff
9-6-24 (see Revision Note #2 at chapter heading for
Soil 300); ss by #14455, eff 2-8-26, EXPIRES: 2-8-36
Soil 301.02 Application Forms.
(a)
Applicants for certification as a soil scientist apprentice or wetland
scientist apprentice shall submit:
(1) The “Universal Application
for Initial Licensure” required in Plc 304.01(a)(1); and
(2) The “Soil or Wetland
Scientist Apprentice Addendum to the Universal Application for Initial
Licensure” by providing the following information:
a. A list of all
names the applicant has ever been known by;
b. The first state
certified or registered in as a natural scientist apprentice;
c. The certificate
number and date certified;
d. Whether
certified by examination;
e. Whether the
certificate is valid, and if not, the reasons why certificate is not valid;
f. A list of
current memberships in professional or scientific associations, including:
1. The name of organization;
2. The location;
3. The applicant’s
grade of membership; and
4. Date of membership;
g. A list of home study and on-line school
courses related to soil science or wetland science completed, if applicable,
including:
1. Course title;
2. Course dates;
3. Educational institution; and
4. Semester hours awarded to the course;
h. A list of any additional educational
institutions attended that were not listed on the “Universal Application for
Initial Licensure” including:
1. Colleges and universities attended including
the location;
2. Dates attended;
3. Graduation date; and
4. Number of credits completed; and
i. A list of professional
experience and including:
1. Name and
address of employer;
2. Title of position;
3. Dates of employment;
4. Name and
present address of someone familiar with each position; and
5. Degree of
responsibility and tasks performed.
(b)
Applicants shall submit the following in support of the application
required in (a)(1) and (2) above:
(1) Fee for
initial licensure described in Plc 1002.31;
(2) College or
university official transcripts showing the degree awarded and the date the
degree was awarded directly from the issuing institution to the OPLC; and
(3) If the applicant answered
yes to any of the question listed in Plc 304.03(e), a
detailed explanation of the yes answer including the name of any court in which
a conviction has occurred, details of any offense, the date of any conviction,
and any sentence imposed.
(c)
Applicants for soil scientist or wetland scientist shall submit:
(1) The “Universal Application
for Initial Licensure” required in Plc 304.01(a)(1); and
(2) The “Soil or Wetland
Scientist Addendum to the Universal Application for Initial Licensure” by
providing the following information:
a. All names the
applicant has ever been known by;
b. In addition to
the information regarding the applicant’s registration or certification in
other states, whether the applicant was certified by examination or reciprocity;
c. A list of
current memberships in professional or scientific associations, including:
1. The name of the
organization;
2. The location;
and
3. The applicant’s
grade of membership, and date of membership;
d. A list of home study and on-line school
courses related to soil or wetland science completed including:
1. Course title;
2. Course dates;
3. Educational institution; and
4. Semester hours awarded to the course;
e. A summary of the applicant’s employment including the following information:
1. Indicate in the column titled “Key” the
number used in the supplemental experience record described in f. below for
each assignment or project;
2. Indicate the dates of employment;
3. List the name of the employer, title of
position, location and character of each position, and degree of
responsibility; and
4. Name and present address of someone familiar
with each position. This person shall be
a person the applicant reported to or an individual familiar with the
applicant’s work at the place of employment;
f. A detailed supplementary experience by:
1. Numbering
each project or assignment consecutively.
The number assigned to each project shall be the number used in the key
section of the summary of employment described in e. above; and
2. Listing
and identifying projects or assignments in chronological order, starting with
the first projects or assignments. Being
specific in identifying the portion of the work personally completed, and
identifying the project by job title, name of client, and location of project;
g. If applying for certification as a soil
scientist, list the 6 soil maps which comply with Soil 302.02(d), attached to
the application, and include the following information:
1. Date;
2. Standard;
3. Agency; and
4. Owner’s name and address;
h. If applying for certification as a wetland
scientist, list the 6 wetland maps which comply with Soil 302.04(b), attached
to the application, and include the following information:
1. Date;
2. Standard;
3. Agency;
4. Owner’s name and address;
5. Classification of the wetland delineated; and
6. One of the 6 wetland maps shall have a
function and values assessment using the New Hampshire Method or the Army Corps
of Engineers Highway Methodology; and
i. Five references not related to the applicant,
with 2 references from soil or wetland scientists, having personal knowledge of
the applicant’s experience and include the following
information for each of the references:
1. Full name;
2. Complete address;
3. Reference’s phone number;
4. Occupation of the reference; and
5. Business relationship to
the applicant.
(d)
The following shall be submitted in support of the application required
in (c)(1) and (2) above:
(1) Fee for
initial licensure described in Plc 1002.31;
(2) College or
university transcripts showing the date the degree was awarded directly from
the issuing institution to the OPLC;
(3) If the
applicant answered yes to any of the questions listed in Plc 304.03(e)(1)
through (5) and (7) through (10), provide a detailed explanation of the yes
answer; and
(4) If the applicant answered
yes to the question listed in Plc 304.03(e)(6), the name of the court(s) in
which the conviction(s) occurred, the details of the offence(s), the date of
the conviction(s), and the sentence(s) imposed.
Source. #4676,
eff 9-20-89, EXPIRED: 9-20-95
New. #6232, eff
4-26-96; ss by #6881, eff 11-13-98; ss by #8621, eff 5-2-06; ss by #9886-B, eff
3-11-11, EXPIRED 3-11-2019
New. #14019, eff 9-6-24
(see Revision Note #2 at chapter heading for
Soil 300); ss by #14455, eff 2-8-26, EXPIRES: 2-8-36
Soil
301.03 Application and Certification
Examination Fees. The fees shall be
as required in Plc 1002.31.
Source. #4676, eff 9-20-89,
EXPIRED: 9-20-95
New.
#6232, eff 4-26-96; ss by #6881, eff 11-13-98; amd
by #7189, eff 1-11-00; amd by #7935, eff 9-1-03; ss
by #9045, eff 12-5-07; ss by #9886-A, eff 3-11-11, EXPIRED: 3-11-19
New. #14019, eff 9-6-24 (see Revision Note #2 at
chapter heading for Soil 300); ss by #14455, eff 2-8-26, EXPIRES: 2-8-36
Soil 301.04 Information from References for Soil
Scientist and Wetland Scientist Applicants.
(a) The applicant for certification shall have
the 5 references listed on the application form required in Soil 301.02
complete the “Professional Reference Form”.
(b) Each reference shall provide or answer the
following on the “Professional Reference Form”:
(1) The
applicant's name;
(2) The
reference's full name;
(3) The
reference’s present business or profession;
(4) Yes or no to the question “Are you a
certified or practicing soil scientist”;
(5) If the reference answers yes to question (4)
above, list the state they are certified or practicing in;
(6) Yes or no to the question “Are you a
certified or practicing wetland scientist”;
(7) If the reference answers yes to question (6)
above, list the state they are certified or practicing in;
(8) How long has the reference known the
applicant for whom they are providing the reference;
(9) Yes or no to “Are you in any way related to
the applicant for whom you are providing the reference” and if yes, list how;
(10) What is the reference’s business connection
with the applicant;
(11) An answer the question “To the best of your
knowledge, how many years of experience does the applicant have within the
field”;
(12) Yes or no to the question “Would you employ
the applicant in a position of trust” and if no, provide a detailed explanation;
(13) If the applicant is
connected with a firm provide the firm’s name and address, and position
of the applicant;
(14) Yes or no to the question “Is the applicant
qualified to be placed in responsible charge” and if no, provide a detailed explanation;
(15) If the applicant is in an
individual practice, provide the nature of such practice;
(16) Yes or no to the question “Do you recommend
the applicant for certification in New Hampshire” and if no, provide a detailed
explanation; and
(17) Any additional remarks concerning the
applicant if the reference wishes to provide any.
(c) Each individual providing a professional
reference shall sign and date the completed “Professional Reference 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 Board of Natural Scientist.”
(d) The OPLC shall use
as references any individuals, companies, or institutions whose names appear in
any part of the application form.
Source. #6232, eff 4-26-96; ss by
#6881, eff 11-13-98; ss by #8621, eff 5-2-06; ss #9886-A, eff 3-11-11, EXPIRED:
3-11-19
New. #14019, eff 9-6-24 (see Revision Note #2 at
chapter heading for Soil 300); ss by #14455, eff 2-8-26, EXPIRES: 2-8-36
Soil 301.05 Additional References. All applicants shall provide the names and
addresses of additional references if the OPLC determines the original
references are unclear, incomplete, or contradictory.
Source. #6232, eff 4-26-96; ss by #6881, eff
11-13-98; ss by #8621, eff 5-2-06; ss #9886-A, eff 3-11-11, EXPIRED: 3-11-19
New. #14019, eff 9-6-24 (see Revision Note #2 at
chapter heading for Soil 300)
PART Soil 302 QUALIFICATION OF APPLICANTS
Soil 302.01 Candidates Requirements.
(a) Candidates for certification as a soil
scientist shall meet the requirements established by RSA 310-A:84, I and shall
not have been convicted of any felonies or misdemeanors relating to dishonesty
and demonstrate good professional character in the content of references
provided.
(b)
Candidates for apprentice soil scientist shall meet the requirements of
RSA 310-A:85, I.
(c)
Candidates
for certification as a wetland scientist shall meet the requirements
established by RSA 310-A:84, II-a and shall not have been convicted of any
felonies or misdemeanors relating to dishonesty and demonstrate good
professional character in the content of references provided.
(d)
Candidates for apprentice wetland scientist
shall meet the requirements of RSA 310-A:85, II.
Source. #4676, eff 9-20-89, EXPIRED: 9-20-95
New. #6232, eff 4-26-96; ss by #6881, eff
11-13-98; ss by #6881, eff 11-13-98; ss by 8621, eff 5-2-06; ss by #9886-A, eff
3-11-11, EXPIRED: 3-11-19
New. #14019, eff
9-6-24 (see Revision Note #2 at chapter heading for Soil 300); ss by #14455, eff 2-8-26, EXPIRES: 2-8-36
Soil
302.02 Soil Scientist Candidate
Experience Requirements.
(a) Graduates of an accredited 4-year college
curriculum leading to a baccalaureate degree, where the applicant successfully
completes 30 semester hours in biological, physical, and earth science,
including 15 semester hours in soil science, shall have an additional 3 or more
years of experience in the practice of soil science as described in (b) below.
(b) Experience in the practice of soil science
shall be reviewed and determined pursuant to RSA 310-A:84 as follows:
(1) A minimum
one year of the experience shall be actual field soil mapping;
(2) Teaching soil science courses
or performing research in soil science or agronomy curriculum shall be
considered the practice of soil science.
Such teaching or research shall not be considered actual field soil
mapping experience;
(3) Educational courses shall not
be considered actual field mapping experience;
(4) Each advanced degree in a
related field shall be counted as one year of experience with one year awarded
for a master’s degree and 2 years awarded for a Ph.D. in a related field
including geology and any other field in which the principles of soil science
are applied. Advanced degrees shall not
be considered actual field soil mapping experience;
(5) Employment by the United
States Department of Agriculture (USDA), Natural Resources Conservation Service
(NRCS) or other governmental agency as a soil scientist and active engagement
in the practice of soil science as defined under RSA 310-A:76, IV, shall be
considered experience pursuant to RSA 310-A:84.
Each year of such employment shall be considered one year of experience;
(6) Actual field soil mapping
experience shall be the practice of soil science as defined under RSA 310-A:76,
IV;
(7) Soil maps prepared during the
practice of soil science which shall meet:
a. The standards of the National
Cooperative Soil Survey as follows:
1. “Soil Taxonomy, A Basic
System of Soil Classification for Making and Interpreting Soil Surveys”, second
edition, 1999, available as indicated in Appendix B;
2. “Keys to Soil Taxonomy”, thirteenth edition 2022, available as indicated in Appendix B;
3. “Soil Survey Staff Natural
Resources Conservation Service, Official Soil Series Descriptions and Series
Classifications”, United States Department of Agriculture, published, August 8,
2023, available as indicated in Appendix B;
4. “The Field Book for
Describing and Sampling Soils, Version 3.0”, Division Staff, U.S. Department of
Agriculture, published September 2012, available as indicated in Appendix B;
5. “Soil Survey Manual, Soil
Survey Division Staff U.S. Department of Agriculture Handbook 18”, published
2017, minor amendments 2018, available as indicated in Appendix B; and
6. “NH Statewide Numerical Soil
Legend, issue #10”, dated January 2011,
available as indicated in Appendix B;
b. “The Standards of Special
Publication No.1 of the Society of Soil Scientists of Northern New England, High Intensity
Soil Maps for New Hampshire” published December 2017, available as indicated in Appendix B; or
c. “The Standards of Special Publication No. 3
of the Society of the Soil Scientists of Northern New England, Site-Specific
Soil Mapping Standards for New Hampshire and Vermont”, published July 2021, available as indicated in Appendix B;
and
(8) Training as an apprentice
soil scientist, where the apprentice is practicing soil science as defined
under RSA 310-A:76, IV, shall be considered experience.
(c)
If experience is claimed under Soil 302.02(b), the applicant shall
provide an affidavit stating:
(1) The dates of employment;
(2) The number
of total acres soil mapped during such employment;
(3) The county and state
locations of soil mapping; and
(4) The standards by which soil
mapping was conducted.
(d)
Applicants shall submit 6 or more soil maps prepared to the standards
under Soil 302.02(b)(7), and all maps shall be submitted with a copy of the
United States Geological Survey (USGS) mapping with site located and owner’s
name and address. Each map shall include
the name of the person who prepared the map, the supervisor’s name, and date
the map was prepared.
(e) The applicant shall provide
additional maps if the OPLC determines the maps are
incomplete or unclear or do not meet the standards of Soil 302.02(b)(7).
(f)
The board shall conduct field reviews of any of the supplied maps when
it deems it necessary to clarify the applicant's experience upon permission of
current landowner.
Source. #4676, eff 9-20-89, EXPIRED: 9-20-95
New. #6232, eff 4-26-96; ss by #8008, eff
12-18-03; ss by #9886-A, eff 3-11-11, EXPIRED: 3-11-19
New. #14019, eff
9-6-24 (see Revision Note #2 at chapter heading for Soil 300); ss by #14455, eff
2-8-26, EXPIRES: 2-8-36
Soil 302.03 Soil Scientist Candidate Education
Requirements.
(a)
The applicant shall submit one of the following in
order to indicate to the OPLC that they are competent to practice as a
soil scientist:
(1) Transcripts
showing that the applicant is a graduate of an accredited 4-year college
curriculum leading to a baccalaureate degree, where the applicant successfully
completed 30 semester hours in biological, physical, and earth science,
including 15 semester hours in soil science, and with a specific record of an
additional 3 or more years’ experience in the practice of soil science;
(2) Transcripts
showing that the applicant is a graduate of an accredited college curriculum
leading to a baccalaureate or an associate degree, where the applicant
successfully completed 15 semester hours in soil science, and with a specific
record of an additional 4 or more years’ experience in the practice of soil science; or
(3) Transcripts
showing that the applicant is a graduate of an accredited college curriculum
leading to a baccalaureate or associate degree, or
showing that the applicant earned the equivalent number of credits, and with a
specific record of an additional 6 or more years in the practice of soil
science.
(b)
In addition to (a) above, the soil scientist applicant shall have
education in:
(1) Soil genesis and
classification; and
(2) Soil morphology.
Source. #6232, eff 4-26-96; ss by #8008, eff
12-18-03; ss by #9886-A, eff 3-11-11, EXPIRED: 3-11-19
New. #14019, eff
9-6-24 (see Revision Note #2 at chapter heading for Soil 300); ss by #14455, eff 2-8-26, EXPIRES: 2-8-36
Soil 302.04 Wetland Scientist Experience Requirements.
(a)
Experience in the practice of wetland science shall be determined as
follows:
(1) A minimum one year of the
experience requirement shall be actual field delineation of wetland boundaries
pursuant to RSA 310-A:84, II-b (a); or
(2) A minimum of 3 years of the experience requirement shall be actual field delineation
of wetland boundaries and
the preparation of wetland maps, the classification of wetlands, the
preparation of wetland function and value assessments, the design of wetland
mitigation, the implementation of wetland mitigation, the monitoring of
wetlands functions and values, and preparation of associated reports. Each advanced degree in a related field shall
count as one year of experience, pursuant to
RSA 310-A:84, II-b(c).
(b)
Applicants shall provide 6 or more wetland delineation maps with all
wetlands classified according to “Classification of Wetlands and Deepwater
Habitats of the United States”, FGDC-STD-004-2013, second edition, available as
indicated in Appendix B, as follows:
(1) At least one of the
delineation maps shall include a complete assessment of functions and values
using either the method for the “Method for Inventorying and Evaluating
Freshwater Wetlands in NH - Comparative Evaluation of Nontidal Wetlands in New
Hampshire”, published December 2015 or “US Army Corps of Engineers, Highway
Methodology Workbook Supplement”, published September 2009, for candidates
pursuant to RSA 310-A:84, II-a(a) available as indicated in Appendix B;
(2) At least 4 of the delineation
maps shall
utilize the standards of the “Corps of Engineers Wetland Delineation Manual,
Technical Report 4-87-1”, (January 1987), and “Interim Regional Supplement to the
Corps of Engineers Wetland Delineation Manual: Northcentral and Northeast
Region, U.S. Army Corps of Engineers”, published October 2009, available as indicated in Appendix B; and
(3) The remainder shall meet the requirements
of a state or federal regulatory agency.
Source. #6881, eff 11-13-98; ss by #8222, eff
12-4-04; ss by #9886-A, eff 3-11-11, EXPIRED: 3-11-19
New. #14019, eff
9-6-24 (see Revision Note #2 at chapter heading for Soil 300); ss by #14455, eff 2-8-26, EXPIRES: 2-8-36
Soil
302.05 Wetland Scientist Candidate
Mapping and Education Requirements.
(a) All wetland delineation maps shall cite the
standard which was utilized and the agency to which they were submitted.
(b) All wetland delineation maps shall be
submitted with a copy of the USGS mapping with the site located and the owner’s name and
address.
(c) Applicants shall provide additional maps and
supporting documentation, including but not limited to field notes, reports, or
data forms if the OPLC finds that the maps are incomplete or unclear or do not
meet the requirements of Soil 302.04 and Soil 302.05.
(d) The board shall conduct field reviews of any
of the supplied maps when it deems it necessary to
clarify the applicant's experience upon permission of the current landowner.
(e) Teaching a college level credit course in
wetland science according to the standards of Soil 302.04 shall be considered
one year of experience.
(f) Wetland science performed as an apprentice
wetland scientist under the direct supervision of a certified wetland scientist
and according to the standards of Soil 302.04 shall be considered experience.
(g) Candidates for wetland scientist pursuant to
RSA 310-A:84, II-a(a) shall provide satisfactory evidence of a minimum of 24
credit hours in any of the following environmental sciences:
(1) Botany;
(2) Soil science;
(3) Hydrology;
(4) Wetland science;
(5) Biology;
(6) Forestry;
(7) Wildlife;
(8) Ecology;
(9) Water resources;
(10) Plant science;
(11) Agronomy;
(12) Geology;
(13) Earth science;
(14) Wetland mitigation; or
(15) Assessments of functions and values.
(h) Candidates
pursuant to RSA 310-A:84, II-a (b), shall provide satisfactory evidence of a
minimum of 12 combined credit or non-credit semester hours in any of the
environmental sciences list in Soil 302.05 (g).
(i) In accordance RSA
310-A:84, II-a(a) and (b), 12.5 hours of the workshops in any of the
environmental sciences referenced in Soil 302.05(g) shall be equivalent to one
semester hour.
Source. #6881, eff 11-13-98; amd
by #8008, eff 12-18-03; ss by #8222, eff 12-4-04; ss by #9886-A, eff 3-11-11,
EXPIRED: 3-11-19
New. #14019, eff
9-6-24 (see Revision Note #2 at chapter heading for Soil 300); ss by #14455, eff 2-8-26, EXPIRES: 2-8-36
Soil 303.01 Examination Requirements for Soil
Scientist Candidates.
(a) After submission of all material described in
Soil 301.01(b), except for Soil 301.01(b)(5), the applicant shall be notified
by the OPLC that they are eligible to sit for the written portion of the
examination.
(b)
The examination for a soil scientist shall consist of both a written
exam and a field exam. The applicant
shall pass the written portion examination with a score of at least 70% before
being eligible to take the field portion of the examination.
(c) All soil scientist
examination candidates who completed the educational requirements of Soil
302.03 shall register to take the examination with the natural scientist examination company contracted
with the OPLC on behalf of the natural scientist board through the state of New
Hampshire’s request for proposal process.
(d) The board shall hold soil scientist field
examinations in May and September.
Examinations shall be given to all persons who
have successfully passed the soil scientist written examination.
(e) The field exam shall be a test of the
applicant’s ability to prepare a soil map.
The test shall consist of an actual field soil mapping pursuant to the
standards of Soil 302.02(b)(7) of a parcel of land selected by the board. The soil map prepared by the applicant shall
be graded based upon a comparison of a master soil map of the parcel prepared
by a consensus of at least 3 certified soil scientists and a majority vote of
the board. The time allotted shall not
exceed 6 hours. The grade shall be pass
or fail.
Source. (See Revision
Note at chapter heading for Soil 300) #9886-A, eff
3-11-11, EXPIRED: 3-11-19
New. #14019, eff 9-6-24 (see Revision Note #2 at
chapter heading for Soil 300); ss by #14455, eff 2-8-26, EXPIRES: 2-8-36
Soil 303.02 Examination Requirements for Wetland
Scientist Candidates.
(a)
After submission of all material described in Soil 301.01(b), except for
Soil 301.01(b)(5), the applicant shall be notified by the OPLC that they are
eligible to sit for the examination.
(b)
The examination for wetland scientist shall
consist of both a written exam and field exam.
The
applicant shall pass the written portion examination with a score of at least
70% before being eligible to take the field portion of the examination.
(c)
All wetland scientist examination candidates who completed the mapping
and educational requirements of Soil 302.05 shall register to take the
examination with the
natural scientist examination company contracted with the OPLC on behalf of the
natural scientist board through the state of New Hampshire’s request for
proposal process.
(d)
The board shall hold wetland scientist field examinations in June and
September on a parcel of land selected by the board. Examinations shall be
given to all persons who have successfully passed the
wetland scientist written examination.
(e)
The field exam shall be a test of the applicant's ability to practice
wetland science pursuant to Soil 302.04. The time allotted shall not exceed 6
hours. The grade shall be pass or fail.
Source. (See Revision Note at chapter heading for
Soil 300) #9886-A, eff 3-11-11, EXPIRED: 3-11-19
New. #14019, eff
9-6-24 (see Revision Note #2 at chapter heading for Soil 300); ss by #14455, eff 2-8-26, EXPIRES: 2-8-36
(a)
The applicant who fails the written examination shall be re-examined at
the next available test date in either March or July;
(b)
The applicant who fails the field examination shall be re-examined upon
payment of the fee described in Plc 1002.31 and be scheduled for the next
available test date in either June or September; and
(c)
A candidate failing either the
written or field examination 3 times shall furnish evidence to the board of
additional experience, study, or educational credits equal to 6 semester hours
of college credit before being allowed to proceed with further examinations.
Source. #7189, eff
1-11-00 (from Soil 303.04); ss by #9045, eff 12-5-07; ss and renumbered by
#9886-A, eff 3-11-11, EXPIRED: 3-11-19
New. #14019, eff
9-6-24 (see Revision Note #2 at chapter heading for Soil 300); ss by #14455, eff
2-8-26, EXPIRES: 2-8-36
PART Soil 304 CREDENTIALS
Soil 304.01 Certificate. An applicant for certification as a certified
soil scientist or certified wetland scientist, who has met all the requirements
and has paid all of the fees, shall be issued a
certificate by the OPLC authorizing the practice of soil science or wetlands
science.
Source. #4676, eff 9-20-89, EXPIRED: 9-20-95
New. #6232, eff 4-26-96; ss by #6881, eff 11-13-98; ss by
#8621, eff 5-2-06; ss and renumbered by #9886-A, eff 3-11-11 (formerly Soil
305.01); EXPIRED 3-11-19
New. #14019, eff 9-6-24 (see Revision Note #2 at chapter heading for
Soil 300)
Soil 304.02 Certified Soil Scientist or Wetland
Scientist Pocket Cards. Biennially,
the OPLC shall issue a certification card, numbered to correspond with the soil
scientist's or wetland scientist’s assigned number, to each certified soil
scientist or wetland scientist upon receipt of the biennial renewal fee and
acceptance of renewal application. The card shall certify that the soil scientist or wetland
scientist holds a certificate in good standing and is authorized to practice
soil science scientist or wetland scientist to the date of expiration as shown
on the card. No card shall be issued to
an apprentice soil scientist or apprentice wetland scientist.
Source.
#4676, eff 9-20-89, EXPIRED: 9-20-95
New. #6232, eff 4-26-96; ss by #6881, eff 11-13-98; ss by
8621, eff 5-2-06; ss and renumbered by #9886-A, eff 3-11-11, EXPIRED: 3-11-19
(formerly Soil 305.02)
New. #14019, eff 9-6-24 (see Revision Note #2 at chapter
heading for Soil 300)
Soil 304.03 Authorization to Practice. An applicant for soil scientist or wetland
scientist apprentice, who has met all requirements of Soil 301.01(a) and has
been approved by the OPLC shall be issued an authorization to practice as an
apprentice.
Source.
#14019, eff 9-6-24 (see Revision Note #2 at chapter heading for Soil 300)
Soil 304.04 Soil Scientist Seal.
(a)
Upon issuance by the OPLC of a certificate to an applicant as a
certified soil scientist, the certificate holder shall acquire an impression
type seal or rubber stamp of the design.
This seal shall bear the certificate holder’s name and number as shown
on the certificate.
Figure 3.1 Seal/Stamp
(b)
The seal shall consist of 2 concentric circles, the outer circle having
a diameter of 1.6 inches and an inner circle having a diameter of 1.4
inches. In the space between the 2
circles there shall be the words "State of New Hampshire" at the top
of the circle and the words "Certified Soil Scientist" at the bottom
of the circle. In the space inside the
inner circle a tile spade shall be depicted horizontally and centered. Below the image of the tile spade shall
appear the certificate number of the soil scientist. Above the image of the tile spade shall
appear the soil scientist’s name.
(c)
All papers or documents involving the practice of soil science under
this chapter when filed for public record, shall be dated and bear the
signature and seal of the certified soil scientist who prepared or had responsibility
for and approved them. It shall be a
violation of these rules and RSA 310-A:95 for the certified soil scientist to
stamp or seal any documents with their seal after the certificate has expired. It shall be a violation of these rules and
RSA 310-A:95 for the certified soil scientist to stamp or seal any document not
prepared by them personally or under their direct supervision.
Source. #4676, eff 9-20-89, EXPIRED: 9-20-95
New. #6232, eff 4-26-96; ss by #8008, eff 12-18-03; ss and
renumbered by, eff 3-11-11, EXPIRED: 3-11-19 (formerly Soil 305.03)
New. #14019, eff
9-6-24 (formerly Soil 304.03) (see Revision Note #2 at chapter heading for Soil
300)
Soil
304.05 Wetland Scientist Seal.
(a) Upon issuance by the OPLC of a certificate to
an applicant as a certified wetland scientist, the certificate holder shall
acquire an impression type seal or rubber stamp of the
design approved by these rules. This seal shall bear the certificate holder’s
name and number as shown on the certificate.
Figure 3.2
Seal/Stamp
(b) The seal shall consist of 2 concentric
circles, the outer circle having a diameter of 1.6 inches and an inner circle
having a diameter of 1.4 inches. In the
space between the 2 circles there shall be the words "State of New
Hampshire" at the top of the circle and the words "Certified Wetland
Scientist" at the bottom of the circle.
In the space inside the inner circle cross-section of a wetland boundary
shall be depicted. The depiction shall include a view of trees, shrubs, shallow
marsh and aquatic plants. Below the image of the
wetland boundary shall appear the certificate number of the wetland
scientist. Above the image of the
wetland boundary shall appear the wetland scientist’s name.
(c) All papers or documents involving the
practice of wetland science under this chapter when filed for public record,
shall be dated and bear the signature and seal of the certified wetland
scientist who prepared or had responsibility for and approved them. It shall be a violation of these rules and
RSA 310-A:95 for the certified wetland scientist to stamp or seal any documents
with their seal after the certificate has expired. It shall be a violation of these rules and
RSA 310-A:95 for the certified wetland scientist to stamp or seal any document
not prepared by them personally or under their direct supervision.
Source. #6881, eff 11-13-98; ss by 8621, eff
5-2-06; ss and renumbered by #9886-A, eff 3-11-11, EXPIRED: 3-11-19 (formerly
Soil 305.04)
New. #14019, eff
9-6-24 (formerly Soil 304.04) (see Revision Note #2 at chapter heading for Soil
300)
PART Soil 305 OPLC’S DENIAL OF AN
APPLICATION FOR CERTIFICATION
Soil 305.01 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 or the OPLC in connection with the application;
(b)
Evidence of past disciplinary action taken by another certification or
licensing body or a professional society or association, which indicates the
applicant cannot be relied upon to practice competently, safely, and honestly,
or adhere to the standards of conduct required by Soil 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 Soil 500;
(d)
Evidence of behavior that would violate the ethical standards of Soil
500, which indicates the applicant cannot be relied upon to practice
competently, safely, and honestly, or adhere to the ethical standards required
by Soil 500;
(e)
The applicant failed to meet the educational and experience requirements
of Soil 302; or
(f) The applicant failed to successfully pass the
examinations required pursuant to Soil 303.
Source. #4676, eff 9-20-89,
EXPIRED: 9-20-95
New. #6232, eff 4-26-96; ss by #8008, eff 12-18-03; ss and renumbered
by #9886-A, eff 3-11-11, EXPIRED: 3-11-19 (formerly Soil 306.01)
New. #14019, eff
9-6-24 (see Revision Note #2 at chapter heading for Soil 300)
CHAPTER Soil 400 CONTINUED STATUS
REVISION NOTE:
Document
#9886-A and Document #9886-B, effective 3-11-11, readopted with amendments
Chapters Soil 300 and Soil 400. Document
#9886-A also readopted with amendments Chapter Soil 500. The amendments in Document #9886-A included
the adoption of a new Part Soil 402, and Document #9886-A and Document #9886-B
also renumbered rules within Chapter Soil 400, as follows:
Former
Rule New
Rule
Soil
401.02 Soil
401.01
Soil
401.03 Soil
401.02
Soil
401.04 Soil
401.03
Soil
402.01-402.08 Soil
403.01-403.08
Former
Soil 401.01 had been repealed and reserved by Document #7935, effective
9-1-03. The prior filings affecting the
former Soil 401.01 included the following documents:
#4676,
effective 9-20-89, EXPIRED 9-20-95
#6232,
effective 4-26-96
#6881,
effective 11-13-98
Document
#9886-A also extensively amended the rules in the former Soil 402.01 through
Soil 402.08 and renumbered them as Soil 403.01 through Soil 403.08. The prior filings affecting the rules in the
former Soil 402 included the following documents:
#4676,
effective 9-20-89, EXPIRED 9-20-95
#6232,
effective 4-26-96
#6881,
effective 11-13-98
#7935,
effective 9-1-03
The
source notes in Soil 400 below for rules which have been renumbered by Document
#9886-A and Document #9886-B include the former rule number, and the documents
cited apply to the former rule number.
Part Soil 401 EXPIRATION
Soil 401.01 Renewal Notices. Renewal notices shall be sent to each
certified soil scientist or certified wetland scientist every 2 years, at least
one-month prior to date of expiration. The expiration date shall be the last day of
the certificate holder’s birth month.
Source. #4676, eff 9-20-89, EXPIRED: 9-20-95
New. #6232, eff 4-26-96; ss by #6881, eff
11-13-98; ss by 8621, eff 5-2-06; ss and renumbered by #9886-A, eff 3-11-11,
EXPIRED:3-11-19 (formerly Soil 401.02)
New. #13560, eff 4-7-23
Soil 401.02 Renewal of Certificate. The applicant for wetland or soil scientist
renewal shall submit:
(a)
The “Certified Natural Scientist Renewal Form” revised 12/2022 supplied
by the board;
(b)
The fee specified in Soil 301.04; and
(c) If any of
the answers on the “Certified Natural Scientist Renewal Form” described in Soil
401.03(e), (1) through (4), are in the affirmative a detailed written
description of the events surrounding the conviction or disciplinary action.
Source. #4676, eff 9-20-89, EXPIRED: 9-20-95
New. #6232, eff 4-26-96, EXPIRED: 4-26-04
New. #8621, eff 5-2-06; ss and renumbered by
#9886-A, eff 3-11-11, EXPIRED: 3-11-19 (formerly Soil 401.03)
New. #13560, eff 4-7-23
Soil
401.03 Renewal Application. The applicant shall supply the following
information on the “Certified Natural Scientist Renewal Form “:
(a) The applicant’s full legal name;
(b) The applicant’s business address and
telephone number;
(c) The applicant’s home address and personal
telephone number;
(d) The applicant’s e-mail address;
(e) Answer yes or no to the following:
(1) “Have you complied with the continuing
education requirements set forth in Soil 403”;
(2) “Have you within the past 24 months or not
previously reported had any disciplinary or legal action brought against you by
any licensing or certification board or jurisdiction”;
(3) “Have you within the past 24 months complied
with all ethical and professional standards set for the in Soil 500”; and
(4) “Have you within the past 24 months or not
previously reported been convicted of any felony, or misdemeanor that has not
been annulled by a court pursuant to
(f)
Sign and the date under the following statement:
“I attest that the
information contained in this form is true and correct to the best of my
knowledge and belief and acknowledge that the provision of false information in
the application is a basis for disciplinary action by the Board”
Source. #8621, eff 5-2-06; ss and renumbered by #9886-B, eff 3-11-11, EXPIRED 3-11-19
(formerly Soil 401.04)
New. #13560, eff 4-7-23
Soil
401.04 Board's Processing of
Applications for Renewal.
(a) If the board, after receiving and reviewing
the renewal application, requires further information or documents to determine
the applicant's eligibility for renewal of their licensure, the board shall:
(1) So notify the
applicant in writing within 30 days; and
(2) Specify the information or documents it
requires.
(b) A renewal application shall be considered
completed on the first date that the board has received the completed renewal
application form, any supporting materials which are required, and any additional information or
documents which it may have requested.
(c) The board shall issue the renewed license or
denial of an application for renewal of licensure within 60 days of the date
that the application is completed.
(d) Any applicant
wishing to challenge the board's denial of an application for licensure renewal
shall:
(1) Make a written request for a hearing of the
applicant's challenge; and
(2) Submit this request to the board:
a. Within 30 days of the board's notification of
the denial; or
b. If the applicant is on active military duty
outside the United States, within 30 days of the applicant's return to the
United States or release from duty, whichever occurs later.
Source. #13560, eff 4-7-23
Part Soil 402 REINSTATEMENT
Soil
402.01 Reinstatement. A certified soil scientist or wetland
scientist whose license to practice in the state of New Hampshire has been
allowed to lapse for a period of 30 days but no more than 365 days shall:
(a) Submit to the board the “Application for
Reinstatement of Certification for a Soil Scientist or Wetland Scientist” dated
12/2022;
(b) If the applicant answered in the affirmative
to any of the questions described in Soil 402.02 (i)
through (m) a detailed written explanation of the yes answer; and
(c) Evidence as described in Soil 404.04(b) of
having completed 24 hours of continuing education in the immediately preceding
24 months as described in Soil 404.02 and Soil 404.03.
(d) Include with the application for
reinstatement the reinstatement fees specified in Soil 304.01.
Source. #13560, eff 4-7-23
Soil
402.02 Board's Processing of
Applications for Reinstatement of Licensure.
(a) If the board, after receiving and reviewing
the reinstatement application, requires further information or documents to
determine the applicant's qualification for reinstatement of licensure, the
board shall:
(1) So notify the
applicant in writing within 30 days; and
(2) Specify the information or documents it
requires.
(b) A reinstatement application shall be
considered completed on the first date that the board has received the
completed reinstatement application form, any supporting materials which are
required, and
any additional information or documents which it may have requested.
(c) The board shall issue written approval or
denial of an application for reinstatement of licensure within 60 days of the
date that the application is completed.
(d) Any applicant wishing to challenge the
board's denial of an application for licensure reinstatement shall:
(1) Make a written request for a hearing of the
applicant's challenge; and
(2) Submit this request to the board:
a. Within 30 days of the board's notification of
the denial; or
b. If the applicant is on active military duty
outside the United States, within 30 days of the applicant's return to the
United States or release from duty, whichever occurs later.
Source. #13560, eff 4-7-23
Soil
402.03 Reinstatement Application. The applicant for reinstatement shall supply
the following information on the application form “Application For Reinstatement of Certification as a Soil or Wetland
Scientist”:
(a) The applicant’s full legal name;
(b) Any names previously used, if applicable;
(c) Date of birth;
(d) The license number held in the state of NH;
(e) Home mailing address;
(f) Home physical address if different from home
mailing address;
(g) Personal e-mail address;
(h) Business name;
(i) Business address
and telephone number;
(j) Answer Yes or no to the following:
(1) “Have you ever been convicted of any felony,
misdemeanor, violation involving natural science, or the practice of soil
science or wetland science, which has not been annulled or previously
reported?”
(2) “Have you ever had a registration or licensed
revoked, suspended, denied by any other state or jurisdiction, which has not
been previously reported?”
(3) “Have you ever been disciplined or sanctioned
by another licensing board in any other state or jurisdiction, which has not
been previously reported?”
(4) “Have you obtained 24 hours of continuing
education as described in Soil 404 in the immediately preceding 24 months?”
(k)
Sign
and date the form under the following attestations:
Source. #13560, eff 4-7-23
PART Soil 403 DISCIPLINARY MATTERS
Soil
403.01 Initiation of Disciplinary
Action. The board shall undertake
misconduct investigations, settlements of misconduct allegations, or
disciplinary hearings, in response to any information which reasonably suggests
that a certificate holder has engaged in professional misconduct.
Source. (See Revision Note at chapter heading for
Soil 400) #9886-A, eff 3-11-11, EXPIRED: 3-11-19
New. #13560, eff 4-7-23 (formerly Soil 402.01)
Soil
403.02 Disciplinary Sanctions.
(a) Other than immediate certificate suspensions
authorized by
(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
certificate holder has been subjected to disciplinary action related to
professional conduct by the licensing or certification authority of another
jurisdiction, where the certificate or license was not reinstated, the board shall issue an order directing the certificate holder to
demonstrate why reciprocal discipline should not be imposed in New Hampshire.
(c) In a disciplinary proceeding brought on the basis of discipline imposed in another jurisdiction
the certificate holder shall be subject to any disciplinary sanction authorized
by RSA 310-A:93, III after the board considers the presence of aggravating or
mitigating circumstances.
(d) After a finding that misconduct has occurred,
the board shall impose one or more of the disciplinary sanctions authorized by
(e) The following shall be considered aggravating
circumstances:
(1) The seriousness of the offense;
(2) Prior disciplinary record;
(3) Lack of willingness to cooperate with the
board; and
(4) Potential harm to public health and safety.
(f) The following shall be considered mitigating
circumstances:
(1) Absence of a prior disciplinary record;
(2) Willingness to cooperate with the board;
(3) Acknowledgment of his or her wrongdoing; and
(4) The purpose of the rule or statute violated.
(g) No hearing date established in a proceeding
conducted under Soil 403.02 shall be postponed at the request of the
certificate holder unless the certificate holder also agrees to continue the
suspension period, if any, pending issuance of the board’s final decision.
(h) 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 certificate holder is
certified or licensed and to such other entities, organizations, associations,
or boards as are required to be notified under applicable state or federal law.
Source. (See Revision Note at chapter heading for
Soil 400) #9886-A, eff 3-11-11, EXPIRED: 3-11-19
New. #13560, eff 4-7-23 (formerly Soil 402.02)
Soil
403.03 Administrative Fines.
(a) Adjudicative procedures seeking the
assessment of an administrative fine shall be commenced against any person
subject to such fines under any provision of
(b) When persons subject to the board’s
disciplinary authority are directed to pay fines pursuant to Soil 403.02,
such fines shall be assessed in accordance with the factors stated in Soil
403.02 (e), 403.02 (f) and the following additional considerations:
(1) The cost of any investigation or hearing
conducted by the board; and
(2) The certificate holder’s ability to pay a
fine assessed by the board.
(c) Administrative fines shall not exceed the
following amounts:
(1) When no violation of the same type has
occurred during a period of licensure within the 5 years preceding the board’s
notice to the respondent, the fine 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 during a period of licensure within the 5 years
preceding the board’s notice to the respondent, the fine assessed shall not
exceed $200.00 per day or $1,500.00 per offense whichever is greater; and
(3) When more than one disciplinary infraction of
the same type has occurred during a period of
licensure within the 5 years preceding the board’s notice to the respondent,
the fine assessed shall not exceed $200.00 per day or $2,000.00 per offense
whichever is greater.
(d) In the case of continuing violations, a
separate fine shall be assessed for each day the violation continues.
(e) A single course of continuing conduct shall
be treated as a single violation for purposes of Soil 403.03 (c), (1), (2) and
(3).
Source. (See Revision Note at chapter heading for
Soil 400) #9886-A, eff 3-11-11, EXPIRED: 3-11-19
New. #13560, eff 4-7-23 (formerly Soil 402.03)
Soil
403.04 Procedures for Assessing and
Collecting Fines.
(a) Payment of a fine 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 an administrative fine, the board shall issue a
“notice of apparent liability” describing the alleged offense, stating the
amount of the assessed fine, and notifying the alleged offender that they shall
pay or compromise the fine by a certain date 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 an administrative fine.
(c) Nonpayment of a fine by a certificate holder
or respondent in contravention of an order, agreement or promise to pay, shall
be a separate ground for discipline by the board and a basis for denying a
subsequent certificate and renewal application and a basis for judicial action
seeking to collect the fine.
Source. (See Revision Note at chapter heading for
Soil 400) #9886-A, eff 3-11-11, EXPIRED: 3-11-19
New. #13560, eff 4-7-23 (formerly Soil 402.03)
PART Soil 404 CONTINUING EDUCATION
Soil
404.01 Renewal Requirements.
(a) Each certified wetland or soil scientist
shall obtain at least 24 hours of continuing education hours each biennium as a
condition of biennial license renewal.
(b) All 24 continuing education hours shall be
taken during the biennium preceding the applicant’s expiration date.
(c) A renewal application shall not be accepted
for filing unless the applicant indicates on the renewal application, and under
penalty of unsworn falsification, that they have completed the minimum required
hours of approved education required by Soil 404.01 (a).
(d) New certified wetland or soil scientists
shall obtain 12 continuing education hours for their first biennial renewal
period.
Source. (See Revision Note at chapter heading for
Soil 400) #9886-A, eff 3-11-11, EXPIRED: 3-11-19
New. #13560, eff
4-7-23 (formerly Soil 403.01)
Soil
404.02 Continuing Education Hour
Requirements. Continuing education
hours shall meet the following criteria:
(a) Continuing education activities shall be
relevant to the practice of soil or wetland science or
no credit shall be awarded. Such continuing education activities shall include
technical, ethical, or managerial content;
(b) Two hours of continuing education shall be in the area of professional ethics;
(c) The content of each presentation shall be
well organized and presented in a sequential manner;
(d) There shall be a provision for
individual participant course or program registration including information
required for record keeping and reporting; and
(e) Self-directed learning activities shall
include a written instrument which tests the certified wetland or soil
scientist’s comprehension of the content of that course or program.
Source. (See Revision Note at chapter heading for
Soil 400) #9886-A, eff 3-11-11, EXPIRED: 3-11-19
New. #13560, eff 4-7-23 (formerly Soil 403.02)
Soil
404.03 Continuing Education Hours. Continuing education hours shall be credited
as follows:
(a) No more than 2 continuing education hours per
year shall be granted for activity on a state or national board of licensure
with a maximum of 4 continuing education hours per biennium;
(b) Courses or 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 or 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 or 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 continuing
education unit;
(e) Credit shall be awarded for one hour of
continuing education in course work, seminars, or
professional technical presentations made at meetings, conventions, or
conferences for each hour of attendance. Attendance at qualifying programs
presented at professional or technical society meetings shall earn continuing
education credit for the actual time of each program;
(f) Teaching or instructing courses or seminars
or making presentations at technical meetings shall earn continuing education
credit at twice that of participants.
Teaching credit shall be valid for teaching a course or seminar for the
first time only in each year of the biennium.
Teaching credit shall not apply to full-time faculty;
(g) Each professional journal, published paper,
or published soil or wetland science textbook pursuant to Soil 404.02 shall
equal 8 continuing education hours;
(h) Active participation in professional or
technical societies shall equal one continuing education hour and shall require
that a certified soil or wetland scientist 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;
(i) 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.
(j) Self-directed learning activity through
program, seminar, or webinar shall equal one continuing education hour for each
hour attended;
(k) Training apprentice soil or apprentice
wetland scientists shall equal 3 continuing education units per year; and
(l) Continuing education hours shall not be
recognized for any repeat program attended or completed.
Source. (See Revision Note at chapter heading for
Soil 400) #9886-A, eff 3-11-11, EXPIRED: 3-11-19
New. #13560, eff 4-7-23 (formerly Soil 403.03)
Soil
404.04 Record Keeping and Audit.
(a) The certified wetland or soil scientist shall
maintain records to be used to support continuing education hours claimed.
(b) Records required by (a) above shall contain
attendance verification in one of the following forms:
(1) Certificate of completion; or
(2) Transcripts from a professional society or
institution.
(c) The licensee shall retain attendance
verification records for a period of at least 4 years. Such documentation shall
be made available to the board for random audit and verification purposes.
Documentation shall support continuing education hours claimed on the renewal
form. Failure to provide documentation
for audit verification shall result in disciplinary action.
(d) Not less than 5 % of the certified soil and
wetland scientists shall be randomly selected each year for audit by the board
for compliance with Soil. 404.01.
Source. (See Revision Note at chapter heading for
Soil 400) #9886-A, eff 3-11-11, EXPIRED: 3-11-19
New. #13560, eff 4-7-23 (formerly Soil 403.04)
Soil
404.05 Exemption. A certified wetland or soil scientist who has
been on active duty in the armed forces of the United States for more than 120
consecutive days during the biennium shall be exempt from the continuing
education requirements for that renewal period.
The applicant for renewal shall be required to provide the board with
the documentation proving active military duty at the time of renewal.
Source. (See Revision Note at chapter heading for
Soil 400) #9886-A, eff 3-11-11, EXPIRED: 3-11-19
New. #13560, eff 4-7-23 (formerly Soil 403.05)
(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 certified soil or wetland scientist which actually
prevents the certified soil or wetland scientist from satisfying the
continuing education requirements;
(c)
Relevant supporting documentation from the certified soil or wetland
scientist’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. (See Revision Note at chapter heading for
Soil 400) #9886-A, eff 3-11-11, EXPIRED: 3-11-19
New. #13560, eff 4-7-23 (formerly Soil 403.06)
Source. (See Revision Note at chapter heading for
Soil 400) #9886-A, eff 3-11-11, EXPIRED: 3-11-19
New. #13560, eff 4-7-23 (formerly Soil 403.07)
Soil
404.08 Incomplete Applications or
Denial of Renewal.
(a) 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.
(b) 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 Soil 404.01(a);
(2) Any unethical act for which
discipline shall be imposed under Soil 500;
(3) Reasons for which an initial
application would have been denied; or
(4) Failure to furnish materially
complete or materially accurate information on a renewal license application.
Source. (See Revision Note at chapter heading for
Soil 400) #9886-A, eff 3-11-11, EXPIRED: 3-11-19
New. #13560, eff 4-7-23 (formerly Soil 403.08)
CHAPTER Soil 500 ETHICAL STANDARDS
PART Soil 501 RULES OF PROFESSIONAL CONDUCT
Soil
501.01 Purpose.
(a) To establish and maintain a high standard of
integrity, skills, and practice in the profession of soil science or wetland
science.
Source. #4676, eff 9-20-89, EXPIRED: 9-20-95
New. #6232, eff 4-26-96; ss by #6881, eff 11-13-98;
ss by #8621, eff 5-2-06; ss by #9886-A, eff 3-11-11, EXPIRED: 3-11-19
New. #13814, eff 1-28-24
Soil
501.02 Scope.
(a) The following rules of professional conduct
shall be binding upon every person holding a certificate of soil science,
certification of wetland science, approval as a wetland or soil apprentice, and
on all partnerships, corporations, or other legal entities authorized to offer
or perform the practice of soil science or wetland science in this state.
Source. #4676, eff 9-20-89, EXPIRED: 9-20-95
New. #6232, eff 4-26-96; ss by #6881, eff 11-13-98;
ss by #8621, eff 5-2-06; ss by #9886-A, eff 3-11-11, EXPIRED: 3-11-19
New. #13814, eff 1-28-24 (formerly Soil 501.01)
Soil
501.03 Obligation To
Obey.
(a) The ethical standards set forth in Soil 500
shall bind all certified wetland scientists, certified soil scientists, and
approved apprentices, and violation of any such standard shall be a basis for
imposing disciplinary sanctions. Conduct
proscribed by these ethical standards, when performed by an uncertified person,
or during a prior period of certification, shall also be a basis for denying an
application or issuing a restricted certificate.
(b) All persons
certified under
(c) Certificate holders shall submit only
truthful and correct information in any application or other document filed
with or statement made to the board.
(d) Certificate holders shall inform the board of
a principal address to which all official board communications should be
directed, and of all addresses where the certificate holder is practicing. The establishment of a principal address or
the change or abandonment of a principal address shall be reported to the board
within 30 days.
Source. #4676, eff
9-20-89, EXPIRED: 9-20-95
New. #6232, eff 4-26-96; ss and moved by #6881,
eff 11-13-98 (from Soil 501.02); ss by #8621, eff 5-2-06; ss by #9886-A, eff
3-11-11, EXPIRED: 3-11-19
New. #13814, eff 1-28-24 (formerly Soil 501.02)
Soil
501.04 Standards of Conduct.
(a) The certified soil scientists, certified
wetland scientist, and approved apprentices shall hold
paramount the safety, health, and welfare of the public as follows:
(1) Perform services only in areas of the
certificate holder’s level of competence;
(2) Issue statements only in an objective and
truthful manner;
(3) Act for each employer or client as faithful
agents or trustees;
(4) Refrain from deceptive acts;
(5) Conduct themselves honorably, responsibly,
ethically, and lawfully so as to enhance the honor,
reputation, and usefulness of the profession;
(6) Undertake to perform soil or wetland science
assignments only when qualified by education or experience in the specific
technical field of soil or wetland science involved;
(7) Accept an assignment requiring education or
experience outside of the certificate holder’s own field of competence, but
only to the extent that the services are restricted to those phases of the
project in which the certificate holder is qualified. All other phases of such project shall be
performed by qualified associates, consultants, or employees;
(8) Not affix the certificate holder’s signature
or seal to any map, plan, or document dealing with subject matter for which the
certificate holder lacks competence by virtue of education or experience, nor
to any such map, plan, or document not prepared under the certificate holder’s
direct supervisory control; and
(9) Not sell or donate the use of a seal to
anyone, recognizing that the seal indicates the soil scientist's or wetland
scientist’s personal responsibility for the work bearing the seal.
(b)
The certified soil scientist, certified wetland scientist, and approved
apprentice shall issue public statements only in an objective and truthful
manner, as follows:
(1) Be objective and truthful in all professional
reports, statements, or testimony and include all relevant, pertinent, and
required 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:
a. When it is founded
upon adequate knowledge of the facts in issue;
b. Upon a background of technical competence in
the subject matter; and
c. Upon honest conviction of the accuracy and
propriety of the certificate holder’s testimony;
(3) Issue no statements, criticisms, or arguments
on soil and wetland science matters connected with public policy which are
influenced or paid for by an interested party, or parties, unless the
certificate holder has prefaced the comment by explicitly identifying the
identities of the party or parties on whose behalf the certificate holder is speaking;
(4) Express an opinion or conclusion only upon
matters of established fact or direct observation and clearly distinguish
professional judgment or opinions from matters of fact or record;
(5) Not attempt to injure, maliciously or
falsely, directly or indirectly, the professional reputation, prospects,
practice, or employment of another; and
(6) If the certificate holder believes that
another soil or wetland scientist is guilty of misconduct or illegal practice,
the certificate holder shall present such information to the board in writing.
(c)
The certified soil scientist, certified wetland scientist, and
apprentice shall avoid conflicts of interest as follows:
(1) Promptly inform the employer or client of any
business associations, interests, or circumstances, which could influence the
certificate holder’s judgment, or the quality of 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 gratuities, directly or
indirectly, from contractors, their agents, or other parties dealing with the
certificate holder’s client or employer in connection with work for which the
certificate holder 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 private soil or
wetland science services provided by the certificate holder or by the certificate
holder’s organization;
(6) Not solicit or accept a soil or wetland
science contract from a governmental body on which a principal or officer of
the certificate holder’s organization serves as a member;
(7) Not divulge information given in confidence
by a client or employer except as required by law, directly or indirectly, in
any way that would violate the confidence of the employer or client;
(8) Not plagiarize oral or written communications
or knowingly accept credit for work rightfully due
another person; and
(9) Reveal to clients, regulators, and the public
any conflict of interest or circumstances which may interfere with full
representation of the scientific facts or with the certificate holder’s
professional opinions.
(d)
The certified soil scientist, certified wetland scientist, and approved
apprentice shall solicit or accept work only on the basis of
the certificate holder’s qualifications as follows:
(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;
(3) 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;
(4) Not falsify or permit misrepresentation of
the certificate holder’s, or
the certificate holder’s associates’, academic or professional qualifications;
(5) Not misrepresent the certificate holder’s
degree of responsibility in or for the subject matter of prior assignments;
(6) Not distribute brochures or other
presentations incident to the solicitation of employment which shall
misrepresent pertinent facts concerning employers, employees, associates, joint
ventures, the certificate holder, or their past accomplishments with the intent
and purpose of enhancing the certificate holder’s qualifications and their work;
(7) Limit public advertising to a description of
the services available;
(8) Act for the client or employer as a finder of
facts in developing soil maps, wetland maps, and related material and shall
provide a product that accurately depicts soils and wetlands as a natural body on the landscape;
(9) Advise the client of the level of accuracy
and limitations of the soil maps and wetland maps relative to the intended use;
and
(10) Indicate the standards of classification and
mapping used.
(e)
The certified soil scientist, certified wetland scientist, and
apprentice shall provide services in an ethical and lawful manner, as follows:
(1) Not knowingly associate with or permit the
use of the certificate holder’s name or firm’s name in a business venture by
any person or firm which the certificate holder knows, or has reason to
believe, is engaging in business or professional practices of a fraudulent or
dishonest nature;
(2) Cooperate with another soil scientist or
wetland scientist with an interchange of information where such interchange
does not conflict with confidential matters between the soil scientist or
wetland scientist and the client;
(3) Not attempt to
injure another soil or wetland scientist’s reputation, prospects, practice or employment;
(4) If the certificate holder has knowledge or
reason to believe that another person or firm may be in violation of any of
these provision or provisions of
(5) Cooperate with investigations and requests
for information from the board and the board’s representatives.
Source. #4676, eff 9-20-89, EXPIRED: 9-20-95
New. #6232, eff 4-26-96; ss and moved by #6881,
eff 11-13-98 (from Soil 501.02); ss by #8621, eff 5-2-06; ss by #9886-A, eff
3-11-11, EXPIRED: 3-11-19
New. #13814, eff 1-28-24 (formerly Soil 501.03)
PART Soil 502 VOLUNTARY
CERTIFICATE SURRENDER
Soil 502.01 Procedure for Surrendering Certificate Any person holding a certificate may
voluntarily surrender that certificate by returning it to the board accompanied
by a signed letter stating that the certificate holder intends to surrender
their certificate.
Source. #4676, eff
9-20-89, EXPIRED: 9-20-95
New. #6232, eff 4-26-96; ss by #6881, eff 11-13-98;
ss by #8621, eff 5-2-06; ss by #9886-A, eff 3-11-11, EXPIRED: 3-11-19
New. #13814, eff
1-28-24
Soil
502.02 Effect of Voluntary
Certificate Surrender.
(a)
A certified soil scientist, certified wetland scientist, or apprentice
who voluntarily surrenders a certificate shall retain no right or privilege to
practice soil or wetland science in New Hampshire unless specifically set forth
in a board order or settlement agreement authorizing the voluntary
surrender. Unless otherwise provided by
the board, a certified soil scientist, certified wetland scientist, or
apprentice who reapplies for certification 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, including
professional character requirements.
(b)
Surrender or non-renewal of a certificate shall not preclude the board
from investigating or completing a disciplinary proceeding based upon the
certified soil scientist, certified wetland scientist, or apprentice’s
professional conduct while the certificate was still in effect. Such investigations and proceedings shall be
handled in the same manner as other disciplinary investigations and
proceedings.
Source. #4676, eff 9-20-89, EXPIRED: 9-20-95
New. #6232, eff 4-26-96; ss by #6881, eff 11-13-98;
ss by #8621, eff 5-2-06; ss by #9886-A, eff 3-11-11, EXPIRED: 3-11-19
New. #13814, eff 1-28-24
Soil 502.03 Voluntary Surrender When Misconduct
Allegations are Pending.
(a)
A certified soil scientist, certified wetland scientist, or apprentice
who wishes to surrender their certificate 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 certified soil scientist, certified
wetland scientist, or apprentice’s surrender has occurred in settlement of
pending disciplinary charges; and
(2) That the pending disciplinary allegations
shall be issues to be resolved in any future application the certified soil
scientist, certified wetland scientist, or apprentice submits in New Hampshire.
(c)
The board shall decline to accept a settlement agreement under (a),
above, if the board believes the certified soil scientist, certified wetland
scientist, or apprentice has 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 individual
subsequently reapplies for a certificate.
(d)
A certified soil scientist, certified wetland scientist, or apprentice’s
stipulation of facts shall be exempt from public disclosure to the extent
permitted by
(e)
The fact of certificate 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. #4676, eff 9-20-89, EXPIRED: 9-20-95
New. #6232, eff 4-26-96; ss by #6881, eff 11-13-98;
ss by #8621, eff 5-2-06; ss by #9886-A, eff 3-11-11, EXPIRED: 3-11-19
New. #13814, eff 1-28-24
APPENDIX A
|
Rule |
Specific
State or Federal Statutes the Rule Implements |
|
|
|
|
Soil 101 |
RSA 310-A:81 |
|
Soil 102.01(a), (c), (d) |
RSA 541-A:16, I(b) |
|
Soil 102.01(b) |
RSA 310-A:76, I |
|
Soil 102.01(e) |
RSA 310-A:76, III |
|
Soil 102.01(f) |
RSA 310-A:76, IV |
|
Soil 102.01(g) |
RSA 310-A:76, II |
|
Soil 102.01(h) |
RSA 310-A:76, II-a |
|
Soil 103 – Soil 104 |
RSA 310-A:81 and RSA 541-A:16, I(a) |
|
Soil 105.01 and Soil 105.02 |
RSA 310-A:81 |
|
Soil 201 |
RSA 310-A:93 |
|
|
|
|
Soil 301.01 |
RSA 310-A:82,
I, 310-A:86 |
|
Soil 301.02 |
RSA 310-A:82,
I, 310-A:86 |
|
Soil 301.03 |
RSA 310-A:92, I
(g) |
|
Soil 301.04 |
RSA 310-A:82,
I, II, 310-A:86 |
|
Soil 301.05 |
RSA 310-A:82,
I, II, 310-A:86 |
|
Soil 302.01 |
RSA 310-A:84,
I, II, 310-A:85 |
|
Soil 302.02 |
RSA 310-A:84,
II and RSA 310-A:86 |
|
Soil 302.03 |
RSA 310-A:84,
II and RSA 310-A:86 |
|
Soil 302.04 |
RSA 310-A:82,
RSA 310-A:84, II-a, II-b |
|
Soil 302.05 |
RSA 310-A:82,
RSA 310-A:84, II-a, II-b |
|
Soil 303.01 |
RSA 310-A:82,
III, RSA 310-A:84 I |
|
Soil 303.02 |
RSA 310-A:82,
III, 310-A:84, II-a |
|
Soil 303.03 |
RSA 310-A:82,
III, RSA 310-A:84, I, II & III |
|
Soil 304.01 |
RSA 310-A:87 |
|
Soil 304.02 |
RSA 310-A:87 |
|
Soil 304.03 |
RSA 310-A:87 |
|
Soil 304.04 |
RSA 310-A:87 |
|
Soil 305.01 |
RSA 310-A:82,
I, RSA 310-A:84 |
|
|
|
|
Soil 401.01 |
|
|
Soil 401.02 |
|
|
Soil 401.03 |
|
|
Soil 401.04 |
RSA 541-A:16,
I(b) |
|
Soil 402.01 |
|
|
Soil 402.02 |
|
|
Soil 402.03 |
|
|
Soil 403.01 |
|
|
Soil 403.02 |
|
|
Soil 403.03 |
|
|
Soil 403.04 |
|
|
Soil 404.01 |
RSA 310-A:82,
IV, RSA 310-A:89 |
|
Soil 404.02 |
RSA 310-A:82,
IV, RSA 310-A:82, VII |
|
Soil 404.03 |
RSA 310-A:82,
IV, RSA 310-A:82, VII |
|
Soil 404.04 |
RSA 310-A:82,
IV, RSA 310-A:82, VII |
|
Soil 404.05 |
RSA 310-A:82,
IV, RSA 310-A:82, VII |
|
|
|
|
Soil 501 |
RSA 310-A:82, VI |
|
Soil 502 |
RSA 310-A:82,
VI, RSA 310-A:94 |
|
|
|
APPENDIX B: Incorporation by Reference Information
|
Rule |
Title |
Obtain at: |
|
Soil
302.02(b)(7)a.1. |
Soil Taxonomy, A Basic System of Soil
Classification for Making and Interpreting Soil Surveys, second edition 1999 |
United States Department of Agriculture,
National Resources Conservation Service Telephone (202)720-2791 Downloadable version is free online at https://www.nrcs.usda.gov/sites/default/files/2022-06/Soil%20Taxonomy.pdf E-mail
address: askusda@usda.gov |
|
Soil 302.02(b)(7)a.2. |
Keys to Soil Taxonomy, Thirteenth
Edition, 2022 |
United States Department of Agriculture, National
Resources Conservation Service Telephone (888)526-3227 Downloadable version is free online at https://www.nrcs.usda.gov/sites/default/files/2022-09/Keys-to-Soil-Taxonomy.pdf E-mail address: askusda@usda.gov |
|
Soil 302.02(b)(7)a.3. |
Soil Survey Staff National Resources
Conservation Service, Official Soil Series Descriptions, published 8/8/2023 |
United States Department of Agriculture, National
Resources Conservation Service Telephone (202)720-2791 Downloadable version is free online at http://ncss-tech.github.io/AQP/soilDB/soil-series-query-functions.html E-mail address: askusda@usda.gov |
|
Soil 302.02(b)(7)a.4. |
Field Book for Describing and Sampling
Soils, Version 3.0, September 2012 |
United States Department of Agriculture, National
Resources Conservation Service Telephone (402)437-5499 Downloadable version is free online at https://nrcspad.sc.egov.usda.gov/DistributionCenter/pdf.aspx?productID=991E-mail
address: Soils-Webmaster@usda.gov |
|
Soil 302.02(b)(7)a.5. |
Soil Survey Manual, Soil Survey Division
Staff Handbook 18, published 2017 minor amendments 2018 |
United States Department of Agriculture,
National Resources Conservation Service Telephone (888)526-3227 Downloadable version is free online at https://www.nrcs.usda.gov/sites/default/files/2022-09/The-Soil-Survey-Manual.pdf E-mail address: NRCSDistributionCenter@ia.usda.gov |
|
Soil 302.02(b)(7)a.6. |
NH Statewide Numerical Soil Legend,
issue #10, dated January 2011 |
NH Natural Resources Conservation Service 10 Ferry Street, Concord NH 03301 Telephone (603)868-7581 Downloadable version is free online at https://www.nrcs.usda.gov/sites/default/files/2022-11/NH%20Statewide%20Legend.pdf E-mail address: askusda@usda.gov |
|
Soil 302.02(b)(7)b. |
The Standards for a High Intensity Soil
Map NH, published December 2017 |
The Society of Soil Scientists of Northern New
England P.O. Box 76 Durham, NH 03824-0076 Downloadable version is free online at https://sssnne.files.wordpress.com/2018/05/high-intensity-soil-mapping-standards-for-nh.pdf E-mail address: sssnne@gmail.com
|
|
Soil 302.02(b)(7)c. |
Site-Specific Soil Mapping Standards for
NH and VT, published July 2021 |
The Society of Soil Scientists of Northern New
England Special Publication No 3 Version 7.0 Site Specific Soil Mapping Standards for New
Hampshire and Vermont P.O. Box 76 Durham, NH 03824-0076 Downloadable version is free online at E-mail address:
sssnne@gmail.com |
|
Soil
302.02(h)(1)a. |
Soil Taxonomy, A
Basic System of Soil Classification for Making and Interpreting Soil Surveys,
second edition 1999 |
United
States Department of Agriculture, National Resources Conservation Service Telephone
(202)720-2791 Downloadable
version is free online at https://www.nrcs.usda.gov/sites/default/files/2022-06/Soil%20Taxonomy.pdf E-mail address: askusda@usda.gov |
|
Soil
302.02(h)(1)b. |
Keys to Soil Taxonomy, Thirteenth
Edition, 2022 |
United States Department of Agriculture, National
Resources Conservation Service Telephone (888)526-3227 Downloadable version is free online at https://www.nrcs.usda.gov/sites/default/files/2022-09/Keys-to-Soil-Taxonomy.pdf E-mail address: askusda@usda.gov |
|
Soil
302.02(h)(1)c. |
Soil Survey Staff National Resources
Conservation Service, Official Soil Series Descriptions, published 8/8/2023 |
United States Department of Agriculture, National
Resources Conservation Service Telephone (202)720-2791 Downloadable version is free online at http://ncss-tech.github.io/AQP/soilDB/soil-series-query-functions.html E-mail address: askusda@usda.gov |
|
Soil
302.02(h)(1)d. |
Field Book for Describing and Sampling
Soils, Version 3.0, September 2012 |
United States Department of Agriculture, National
Resources Conservation Service Telephone (402)437-5499 Downloadable version is free online at https://nrcspad.sc.egov.usda.gov/DistributionCenter/pdf.aspx?productID=991E-mail
address: Soils-Webmaster@usda.gov
|
|
Soil
302.02(h)(1)e. |
Soil Survey Manual, Soil Survey Division
Staff Handbook 18, published 2017 minor amendments 2018 |
United States Department of Agriculture, National
Resources Conservation Service Telephone (888)526-3227 Downloadable version is free online at https://www.nrcs.usda.gov/sites/default/files/2022-09/The-Soil-Survey-Manual.pdf E-mail address: NRCSDistributionCenter@ia.usda.gov
|
|
Soil
302.02(h)(1)f. |
NH Statewide Numerical Soil Legend,
issue #10, dated January 2011 |
NH Natural Resources Conservation Service 10 Ferry Street, Concord NH 03301 Telephone (603)868-7581 Downloadable version is free online at https://www.nrcs.usda.gov/sites/default/files/2022-11/NH%20Statewide%20Legend.pdf E-mail address: askusda@usda.gov |
|
Soil
302.02(h)(2) |
The Standards
for a High Intensity Soil Map NH, published December 2017 |
The Society of Soil Scientists of Northern New
England P.O. Box 76 Durham, NH 03824-0076 Downloadable version is free online at https://sssnne.files.wordpress.com/2018/05/high-intensity-soil-mapping-standards-for-nh.pdf E-mail address: sssnne@gmail.com |
|
Soil
302.02(h)(3) |
Site-Specific
Soil Mapping Standards for NH and VT, published July 2021 |
The Society of Soil Scientists of Northern New
England Special Publication No 3 Version 7.0 Site Specific Soil Mapping Standards for New
Hampshire and Vermont P.O. Box 76 Durham, NH 03824-0076 Downloadable version is free online at E-mail address: sssnne@gmail.com |
|
Soil 302.04(b)(1) |
Method for Inventorying and Evaluating
Freshwater Wetlands in NH - Comparative Evaluation of Nontidal Wetlands in
NH, published December 2015 |
University of New Hampshire Cooperative Extension 113A North Road Brentwood, NH 03833 Telephone:
(877) 398-4769 Downloadable version is free online at: https://extension.unh.edu/sites/default/files/migrated_unmanaged_files/Resource001874_Rep2707.pdf E-mail Address:
answers@unh.edu |
|
Soil 302.04(c)(1); Soil
302.04(c)(2) |
University of New Hampshire Cooperative Extension 113A North Road Brentwood, NH 03833 Telephone:
(877) 398-4769 Downloadable version is free online at: https://extension.unh.edu/sites/default/files/migrated_unmanaged_files/Resource001874_Rep2707.pdf E-mail Address:
answers@unh.edu |
|
|
Soil 302.04(c)(1); Soil
302.04(c)(2) |
US Army Corps of Engineers Waterways Experiment Station 3909 Halls Ferry Road
Vicksburg, MS 39180-6199 Telephone: (202)761-0011 Downloadable version is free online at: https://www.nae.usace.army.mil/Portals/74/docs/regulatory/Forms/HighwaySupplement6Apr2015.pdf E-mail Address: hqp-publicaffairs@usace.army.mil |
|
|
Soil
302.04(c)(2) |
Corps of Engineers Wetland Delineation
Manual, Technical Report 4-87-1, published 1987 |
US Army Corps of Engineers Waterways Experiment Station 3909 Halls Ferry Road
Vicksburg, MS 39180-6199 Telephone: (202)761-0011 Downloadable version is free online at https://www.lrh.usace.army.mil/Portals/38/docs/USACE%2087%20Wetland%20Delineation%20Manual.pdf E-mail address:
hqp-publicaffairs@usace.army.mil
|
|
Soil
302.04(c)(2) |
Interim Regional Supplement to the Corps
of Engineers Wetland Delineation Manual: Northcentral and Northeast Region,
US Army Corps of Engineers, published October 2009 |
US Army Corps of Engineers Waterways Experiment Station 3909 Halls Ferry Road
Vicksburg, MS 39180-6199 Telephone: (202)761-0011 Downloadable version is free online at https://www.nan.usace.army.mil/Portals/37/docs/regulatory/Formdoc/IntrmRegSuppNC_NE.pdf E-mail address: hqp-publicaffairs@usace.army.mil
|
|
Soil 302.04(c) |
Classification of Wetlands and Deepwater
Habitats of the United States, FGDC-STD-004-2013, Second Edition, published
August 2013 |
Federal Geographic Data Committee Secretariat c/o U.S. Geological Survey 590 National Central Reston, Virginia 22092 Telephone: (703) 648-5514 Downloadable version is free online at E-mail address: gdc@usgs.gov |