PART 1252 PROFESSIONAL GEOLOGIST LICENSING ACT : Sections Listing

TITLE 68: PROFESSIONS AND OCCUPATIONS
CHAPTER VII: DEPARTMENT OF PROFESSIONAL REGULATION
SUBCHAPTER b: PROFESSIONS AND OCCUPATIONS
PART 1252 PROFESSIONAL GEOLOGIST LICENSING ACT


AUTHORITY: Implementing the Professional Geologist Licensing Act [225 ILCS 745] and authorized by Section 60(7) of the Civil Administrative Code of Illinois [20 ILCS 2105/60(7)].

SOURCE: Emergency rule creating Sections 1252.10, 1252.40, 1252.50 and 1252.80 adopted at 21 Ill. Reg. 5647, effective April 22, 1997, for a maximum of 150 days; emergency expired on September 19, 1997; adopted at 21 Ill. Reg. 13827, effective October 1, 1997; emergency amendment at 22 Ill. Reg. 3597, effective January 28, 1998, for a maximum of 150 days; amended at 22 Ill. Reg. 10592, effective June 1, 1998; amended at 22 Ill. Reg. 15349, effective August 10, 1998.

 

Section 1252.10  Application for Licensure Without Examination (Grandfather)

 

a)         Until July 1, 1998, an applicant meeting all the requirements for licensure under Section 50(a) of the Act and this Part may be issued a license under the grandfather provisions of Section 52 of the Act without taking and passing the examination.  An applicant shall file an application, by April 1, 1998, on forms provided by the Department of Professional Regulation (the Department).  The application shall include the following:

 

1)         Education/Experience

 

A)        Official transcripts of a baccalaureate degree in geology, or graduate degree in the field of geology, indicating that the applicant has completed the coursework in accordance with Section 1252.40 of this Part or official transcripts of a 4 year academic degree or higher degree other than in geology, indicating that the applicant has completed the coursework in accordance with Section 1252.40 of this Part; and verification of a minimum of 4 years of professional experience as defined in Section 1252.50 of this Part.  The experience must be obtained after completion of the education requirements specified in Section 50(a)(3) of the Act and Section 1252.40 of this Part. The Department, upon recommendation of the Board, will accept the cumulative total of professional geological work or geological research of persons who teach as full-time faculty of a college or university, provided such work or research can be demonstrated to be equivalent to the professional requirements set forth in Section 1252.50 of this Part.  Research done toward a thesis or dissertation does not apply.

 

B)        The Department may, upon recommendation of the Board of Licensing for Professional Geologists (Board), allow substitution of professional experience as a geologist for prescribed educational requirements.  Appropriate experience shall include, but not be limited to a minimum of ten years professional experience (six years additional to that stated in subsection (a)(1)(B) above) may be substituted for 10 semester or 15 quarter hours of geology coursework.  At least two of the ten years shall have been under the supervision of a licensed professional geologist, or, before July 1, 2000, a licensed professional geologist or engineer;

 

2)         A complete work history since receipt of a bachelor's degree or the most recent 15 years of geology experience since receipt of the bachelor's degree, whichever is less;

 

3)         The required fee set forth in Section 1252.80 of this Part; and

 

4)         Certification, on forms provided by the Department, from the state or territory of the United States in which the applicant was originally licensed and the state in which he/she predominantly practices and is currently licensed, if applicable, stating:

 

A)        The time during which the applicant was registered in that jurisdiction, including the date of the original issuance of the license; and

 

B)        Whether the file on the applicant contains any record of disciplinary actions taken or pending.

 

b)         When the accuracy of any submitted documentation or the relevance or sufficiency of the course work or experience is questioned by the Department or the Board because of lack of information, discrepancies or conflicts in information given or a need for clarification, the applicant seeking licensure may be requested  to:

 

1)         Provide such information as may be necessary; and/or

 

2)         Appear for an interview before the Board to explain such relevance or sufficiency, clarify information or clear up any discrepancies or conflicts in information.

 

c)         To continue practicing geology after the adoption of rules (October 1, 1997), individuals shall apply for licensure within 180 days after the effective date of the rules (April 1, 1998).  If an application is received during the 180 day period, the individual may continue to practice until the Department acts to grant or deny licensure.  If an application is not filed by April 1, 1998, the individual must cease the practice of geology on April 1, 1998 and until the Department acts to grant a license to the individual.  [225 ILCS 745/25]

 

(Source:  Amended at 22 Ill. Reg. 10592, effective June 1, 1998)

 

Section 1252.20  Application for Examination/Licensure

 

a)         An applicant for examination to obtain licensure as a professional geologist shall file an application, on forms provided by the Department, at least  90 days prior to the examination date.  The application shall include the following:

 

1)         Education/Experience

 

A)        Official transcripts of a baccalaureate degree in geology, or graduate degree in the field of geology, indicating that the applicant has completed the coursework in accordance with Section 1252.40 of this Part and verification of a minimum of 4 years of professional experience as defined in Section 1252.50 of this Part.  The experience must be obtained after completion of the education requirements specified in Section 50(a)(3) of the Act and Section 1252.40 of this Part.

 

B)        The Department may, upon recommendation of the Board of Licensing for Professional Geologists (Board), alow substitution of professional experience as a geologist for prescribed educational requirements.  Appropriate experience shall include, but not be limited to a minimum of ten years professionalexperience (six years additional to that stated in subsection (a)(1)(B) above) may be substituted for 10 semester or 15 quarter hours of geology coursework.  At least two of the ten years shall have been under the supervision of a licensed professional geologist, or, before July 1, 2000, a licensed professional geologist or engineer;

 

2)         A complete work history since receipt of a bachelor's degree or the most recent 15 years of geology experience since receipt of the bachelor's degree, whichever is less;

 

3)         The required fee set forth in Section 1252.80 of this Part; and

 

4)         Certification, on forms provided by the Department, from the state or territory of the United States in which the applicant was originally licensed and the state in which he/she predominantly practices and is currently licensed, if applicable, stating:

 

A)        The time during which the applicant was registered in that jurisdiction, including the date of the original issuance of the license; and

 

B)        Whether the file on the applicant contains any record of disciplinary actions taken or pending.

 

b)         All experience shall be completed prior to applying for licensure.

 

c)         When the accuracy of any submitted documentation or the relevance or sufficiency of the course work or experience is questioned by the Department or the Board because of lack of information, discrepancies or conflicts in information given, or a need for clarification, the applicant seeking licensure may be requested  to:

 

1)         Provide such information as may be necessary; and/or

 

2)         Appear for an interview before the Board to explain such relevance or sufficiency, clarify information or clear up any discrepancies or conflicts in information.

 

Section 1252.30  Examination

 

The examination for licensure as a professional geologist shall be an examination  authorized by the Department which tests an applicant's qualifications to practice professional geology in Illinois.

 

Section 1252.40  Approved Programs of Geology

 

a)         The Department shall, upon the recommendation of the Board, approve a geology program if it meets the criteria set forth in this Section and the institution:

 

1)         Is legally recognized and authorized by the jurisdiction in which it is located to confer the appropriate degree;

 

2)         Has a faculty that consists of a sufficient number of full-time instructors to ensure educational obligations to the student are fulfilled.

 

A)        The faculty must have demonstrated competence as evidenced by appropriate degrees in their area(s) of teaching from professional colleges or institutions.

 

B)        A program at the basic level shall have no fewer than three full-time faculty members whose primary commitment is to the geology program.  If an institution relies on part-time faculty members, it shall demonstrate  that, in addition to the commitment of at least three full-time equivalent faculty members, effective mechanisms are in place to provide adequate levels of  student advising and faculty interaction, and faculty control over the curriculum;

 

3)         Has a geology program director;

 

4)         Has a curriculum with a minimum of 30 semester hours or 45 quarter hours, or the equivalent, of course credits in geology, of which 24 semester or 36 quarter hours are in upper level courses.

 

A)        The geology curriculum shall be designed to teach fundamentals and principles and practices of geology, and shall be designed to train the student to engage in the practice of geology.

 

B)        Geological courses.  For the purposes of fulfilling the requirements of Section 50(a)(3) of the Act, the 24 semester or 36 quarter hours in the upper level courses shall be from the following subject areas:

 

Structural Geology

Geophysics

Mineralogy

Hydrogeology

Petrology

Engineering Geology

Geomorphology

Economic Geology

Paleontology

Environmental Geology

Terrain Analysis/Remote Sensing

Glacial Geology

Stratigraphy

Field Geology

Sedimentology

Geochemistry

 

b)         In determining whether a school is legally recognized and authorized by the jurisdiction in which it is located to confer the appropriate degree, the Department shall take into consideration, but not be bound by, accreditation or approval by the Middle States Association of Colleges and Schools; the New England Association of Schools and Colleges; the North Central Association of Colleges and Schools; the Northwest Association of  Schools  and Colleges; Southern Association of Colleges and Schools;  the Western Association of Schools and Colleges; and the Department of Education in each of the Canadian Provinces.

 

Section 1252.50  Experience

 

a)         A minimum of 4 years of professional experience in the practice of geology or directly related work as defined in Section 15 of the Act is required for licensure under Section 50 of the Act.

 

b)         Beginning with persons making application for licensure on or after July 1, 2000, 2 years of  professional experience must have been gained under the supervision of an Illinois licensed professional geologist or a geologist licensed in another jurisdiction having substantially equivalent licensure requirements as Illinois.

 

c)         All experience shall have been acquired after completion of education requirements set forth in Section 50(3) of the Act and Section 1252.40 of this Part.  An applicant will receive one year of credit for 1500 hours of experience.

 

d)         A maximum of  one year experience may be credited to applicants possessing a graduate degree in geology.

 

e)         A maximum of one year experience may  be credited to full-time faculty members who teach upper level courses  in a geology program that meets the criteria in Section 1252.40.

 

(Source:  Amended at 22 Ill. Reg. 10592, effective June 1, 1998)

 

Section 1252.60  Endorsement

 

a)         An applicant who is licensed/registered under the laws of another jurisdiction and who wishes to be licensed in Illinois as a professional geologist shall file an application with the Department, on forms provided by the Department, which includes:

 

1)         Proof of Education and Experience

 

A)        Official transcripts verifying conferral of a bachelor's degree from an accredited college or university approved by the Department in accordance with Section 1252.40 of this Part; and

 

B)        Certification of a minimum of 4 years of professional experience or its equivalent as approved by the Department in accordance with Section 1252.50;

 

2)         Certification of successful completion of  the examination authorized by the Department in accordance with Section 1252.30 or its equivalent;

 

3)         A complete work history since receipt of a bachelor's degree or the most recent 15 years of geology experience since receipt of the bachelor's degree, whichever is less;

 

4)         The required fee set forth in Section 1252.80 of this Part; and

 

5)         Certification, on forms provided by the Department, from the jurisdiction in which the applicant was originally licensed and the state in which the applicant predominantly practices and is currently registered/licensed, if applicable, stating:

 

A)        The time during which the applicant was licensed in that jurisdiction, including the date of the original issuance of the license;

 

B)        A description of the examination in that jurisdiction; and

 

C)        Whether the file on the applicant contains any record of disciplinary actions taken or pending.

 

b)         A copy of the current Act and administrative rules from the jurisdiction where the applicant holds active licensure/registration may be requested by the Department or the Board to determine substantial equivalency.

 

c)         When the accuracy of any submitted documentation, or the relevance or sufficiency of the course work or experience is questioned by the Department or the Board because of a lack of information, discrepancies or conflicts in information given, or a need for clarification, the applicant seeking licensure by endorsement shall be requested to:

 

1)         Provide such information as may be necessary; and/or

 

2)         Appear for an interview before the Board to explain such relevance or sufficiency, clarify information, or clear up any discrepancies or conflicts in information.

 

Section 1252.70  Renewal

 

a)         The first renewal period for licenses issued under the Act shall end March 31, 1999. Thereafter, every license issued under the Act shall expire on March 31 of odd-numbered years.  The holder of a license may renew such license during the month preceding the expiration date by paying the fee required by Section 1252.80 of this Part.

 

b)         It is the responsibility of each licensee to notify the Department of any change of address.  Failure to receive a renewal form from the Department shall not constitute an excuse for failure to pay the renewal fee or to renew one's license.

 

c)         Practicing or offering to practice on a license that has expired shall be considered unlicensed activity and shall be grounds for discipline pursuant to Section 80 of the Act.

 

Section 1252.80  Fees

 

The following fees shall be paid to the Department and are not refundable:

 

a)         Application Fees

 

1)         The fee for application for a license is $250.

 

2)         In addition applicants for examination shall be required to pay, either to the Department or to the designated testing service, a fee covering the cost of determining an applicant's eligibility and providing the examination. Failure to appear for the examination on the scheduled date, at the time and place specified, after the applicant's application for examination has been received and acknowledged by the Department or the designated testing service, shall result in the forfeiture of the examination fee.

 

b)         Renewal Fees

 

            The fee for renewal of a license shall be calculated at the biennial rate of $150.

 

c)         General Fees

 

1)         The fee for restoration of a license other than from inactive status is $20 plus payment of all lapsed renewal fees, but not to exceed $300.

 

2)         The fee for the issuance of a duplicate or replacement license, for a license which has been lost or destroyed or for the issuance of a license with a change of name or address, other than during the renewal period is $20.  No fee is required for name and address changes on Department records when no corrected license is issued.

 

3)         The fee for certification of a licensee's record for any purpose is $20.

 

4)         The fee for a wall certificate showing licensure is the actual cost of producing such a certificate.

 

5)         The fee for a roster of persons licensed as professional geologists is the actual  cost of producing such a roster.

 

6)         The fee to have the scoring of an examination administered by the Department reviewed and verified is $20.

 

Section 1252.90  Inactive Status

 

a)         Licensed geologists who notify the Department, on forms provided by the Department, may place their licenses on inactive status and shall be excused from paying renewal fees until they notify the Department in writing of the intention to resume active practice.

 

b)         Any licensed geologist seeking restoration from inactive status shall do so in accordance with Section 1252.100 of this Part.

 

c)         Any geologist whose license is on inactive status shall not practice in the State of Illinois.  Any person violating this subsection shall be considered to be practicing without a license and shall be subject to the disciplinary provisions of the Act.

 

Section 1252.100  Restoration

 

a)         Any professional geologist whose license has expired or been placed on inactive status for 5 years or less may have the license restored by paying the fees required by Section 1252.80 of this Part.

 

b)         Any person seeking restoration of a license that has been expired or placed on inactive status for more than 5 years shall file an application, on forms provided by the Department,  for review by the Board, together with the fee required by Section 1252.80.  The applicant shall also submit either:

 

1)         Sworn evidence of active practice in another jurisdiction.  Such evidence shall include a statement from an appropriate board or licensing authority in the other jurisdiction that the licensee/registrant was authorized to practice during the term of active practice; or

 

2)         An affidavit attesting to military service as provided in Section 65 of the Act; or

 

3)         Proof of passage of the Professional Geologist Examination during the period the license  was lapsed; or

 

4)         Other evidence of continued competence in geology.  Other evidence shall include, but not be limited to:

 

A)        Employment in a responsible capacity by a licensed professional geologist as determined by the Board;

 

B)        Lawfully practicing geology as an employee of a governmental agency;

 

C)        Teaching geology in a college or university; or

 

D)        Attendance at educational programs in geology.

 

c)         When the accuracy of any submitted documentation or the relevance or sufficiency of the course work or experience is questioned by the Department or the Board because of a lack of information, discrepancies or conflicts in information given, or a need for clarification, the registrant seeking restoration shall be requested to:

 

1)         Provide such information as may be necessary; and/or

 

2)         Appear for an interview before the Board to explain such relevance or sufficiency, clarify information or clear up any discrepancies or conflicts in information.

 

d)         Upon the recommendation of the Board and approval of the Director, an applicant shall have the registration restored or be notified in writing of the reason for denying the application.

 

Section 1252.110  Code of Professional Conduct and Ethics

 

a)         Geology is a profession the practice of which requires scientific knowledge, professional experience and judgement and personal responsibility.  Each licensed professional geologist shall be guided by the highest standards of business ethics, honesty, integrity, personal honor and professional conduct in order to safeguard life, health and property, and to promote the public welfare.  The Code of Professional Conduct and Ethics shall be binding upon every person holding licensure as a professional geologist in the State of Illinois. Each licensed professional geologist shall:

 

1)         Protect to the fullest extent the public welfare and safety;

 

2)         Not act in any manner that will tend to bring discredit to the honor and dignity of his/her profession;

 

3)         Not undertake any type of work with which he/she is not competent unless he/she makes full disclosure of his/her lack of training and/or experience to the appropriate parties prior to undertaking the work;

 

4)         Not act for his/her client or employer other than as a faithful agent or trustee and shall protect to the fullest the interest of his/her employer and/or client so far as is consistent with the law and his/her professional obligations and ethics;

 

5)         Not use undue influence or offer commissions or otherwise solicit professional work improperly;

 

6)         Not voluntarily disclose information concerning the lawful business affairs or technical processes of a client or employer without his/her consent, provided that this subsection (a)(6) does not operate to the detriment of public safety;

 

7)         Not express an opinion that is not founded upon knowledge and honest conviction nor yield to undue and improper pressure;

 

8)         Avoid misrepresentations of his/her professional credentials and avoid false or misleading claims of his/her capabilities;

 

9)         Freely give credit for work done by others to whom credit is due and will refrain from plagiarism in oral and written communications, and not knowingly accept credit rightfully due another geologist; and

 

10)       Not review the public geologic work of another geologist for the same client, except with the knowledge of the other geologist, or unless the connection of the other geologist with the work has been terminated.

 

b)         It shall be the duty and professional responsibility of every licensed geologist to uphold these standards or ethics and to encourage other geologists by example and counsel to adhere to this Code.  A licensed geologist found by the Board to be in violation of this Code of Professional Conduct may be subject to discipline.

 

Section 1252.120  Granting Variances

 

a)         The Director of the Department may grant variances from these rules in individual cases when he/she finds that:

 

1)         The provision from which the variance is granted is not statutorily mandated;

 

2)         No party will be injured by the granting of the variance; and

 

3)         The rule from which the variance is granted would, in the particular case, be unreasonable or unnecessarily burdensome.

 

b)         The Director shall notify the Board of the granting of such variance, and the reasons therefor, at the next meeting of the Board.




Section 1252.APPENDIX A   Geologist Seal Requirements

 

a)         In accordance with Section 60 of the Act, each licensee shall obtain, at his/her own expense, a seal or rubber stamp, 1¾ inches in diameter.  The seal or stamp shall consist of concentric circles between which shall appear in capital letters "ILLINOIS" in the lower portion of the seal and "LICENSED PROFESSIONAL GEOLOGIST" in the upper portion of the seal.  Within the inner circle of the seal shall appear the name of the licensee and the individual's license number.

 

b)         The following is a suggested facsimile of the design and lettering of the seal:

 

 

 

 

 

 

 

 

 

 

 

 

(Source:  Added at 22 Ill. Reg. 15349, effective August 10, 1998)