Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 39 - TEXAS BOARD OF PROFESSIONAL GEOSCIENTISTS › Chapter 851 - TEXAS BOARD OF PROFESSIONAL GEOSCIENTISTS LICENSING AND ENFORCEMENT RULES › Subchapter B - P.G. LICENSING, FIRM REGISTRATION, AND GIT CERTIFICATION › Section 851.28 - Professional Geoscientist License Renewal and Reinstatement

Current through Reg. 49, No. 28; July 12, 2024
(a) The Board staff
				  will mail or e-mail a renewal notice to the last recorded address of each
				  licensee, at least sixty (60) days prior to the date the license is about to
				  expire. Regardless of whether the renewal notice is received, it is the sole
				  responsibility of the licensee to pay the required renewal fee together with
				  any applicable penalty at the time of payment. A licensee may renew a current
				  license up to sixty (60) days in advance of its expiration. An expired license
				  may be renewed within three years of the license expiration date.
(b) Upon the first renewal of a license, the
				  licensure period will be prorated so that the new expiration date will be the
				  last day of the licensee's birth month. The prorated renewal period will be for
				  a minimum of four months and a maximum of fifteen months. Every subsequent
				  expiration date shall be set for one year past the previous renewal
				  date.
(c) A late penalty fee of $50
				  will be charged for a complete renewal application and fee received or
				  postmarked sixty-one (61) days after the licensee's expiration date.
(d) The Appointed Board may refuse to renew a
				  license if the licensee is the subject of a lawsuit regarding his/her practice
				  of geoscience or is found censurable for a violation of TBPG laws or rules that
				  would warrant such disciplinary action under §
										851.157
				  of this chapter.
(e) A license that
				  has been expired for sixty (60) days or less may be renewed by submitting a
				  P.G. Renewal Application (Form B) and the annual renewal fee to the TBPG. The
				  renewal fee for a license that is renewed within sixty (60) days of expiration
				  is the fee that was in place at the time the license expired. The licensee must
				  also submit a signed Statement of Affirmation (Form VII) indicating whether the
				  licensee practiced as a P.G. when their license was expired. Information
				  regarding unlicensed non-exempt public geoscience practice received under this
				  section shall be referred to the enforcement division for appropriate action
				  that could include the initiation of a complaint by the Board staff.
(f) A license that has been expired for more
				  than sixty (60) days and less than ten months from the license expiration date
				  may be renewed by submitting to the TBPG a P.G. Renewal Application (Form B),
				  the annual renewal fee, and the late penalty fee. The renewal fee for a license
				  that is renewed for more than sixty (60) days and less than ten months of
				  expiration is the fee that was in place at the time the license expired. The
				  licensee must also submit a signed Statement of Affirmation (Form VII)
				  indicating whether the licensee practiced as a P.G. when their license was
				  expired. Information regarding unlicensed non-exempt public geoscience practice
				  received under this section shall be referred to the enforcement division for
				  appropriate action that could include the initiation of a complaint by the
				  Board staff.
(g) A license that has
				  expired for ten months or more but less than three years after the license
				  expiration date may be renewed by submitting to the TBPG a P.G. Renewal
				  Application (Form B), the annual renewal fee for each year missed plus the
				  current year's renewal fee, and the late penalty fee. The licensee must also
				  submit a signed Statement of Affirmation (Form VII), indicating whether the
				  licensee practiced as a P.G. when the license was expired. If an applicant for
				  renewal who has met the requirements for renewal has practiced as a P.G. with
				  the license expired, the license shall be renewed. Information regarding
				  unlicensed practice received under this section shall be referred to the
				  enforcement division for appropriate action that could include the initiation
				  of a complaint by the Board staff.
(h) A license that is allowed to expire for a
				  period of three years after the license expiration date is permanently expired
				  and may not be renewed. The former licensee may re-apply for a new license as
				  provided by the Act and applicable TBPG rules and will have to meet all
				  licensure requirements in said Act and rules at the time of
				  re-application.
(i) As per
				  §1002.403 of the Act, the Appointed Board may suspend or revoke a license
				  as disciplinary action against a licensee who is found censurable for a
				  violation of the Act or rules.
(1) A license
				  that has been suspended can be reinstated by the Board staff only if the
				  suspended licensee complies with all conditions of the suspension, which may
				  include payment of fines, continuing education requirements, participation in a
				  peer review program or any other disciplinary action outlined in the Board
				  Order that suspended the license.
(2) A license that has been revoked can be
				  re-instated only if, by a majority vote, the Appointed Board approves
				  reinstatement, given the applicant:
(A)
				  Re-applies and submits all required application materials and fees;
(B) Successfully completes an examination in
				  the required discipline of geoscience being sought for reinstatement if the
				  applicant has not previously passed said examination; and
(C) Provides evidence to demonstrate
				  competency and that future non-compliance with the statute and rules of the
				  TBPG will not occur.