reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 36 - COUNCIL ON SEX OFFENDER TREATMENT › Chapter 810 - COUNCIL ON SEX OFFENDER TREATMENT › Subchapter L - EARLY TERMINATION FOR CERTAIN PERSONS' OBLIGATION TO REGISTER › Section 810.302 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this chapter,
					 shall have the following meanings, unless the context clearly indicates
					 otherwise.
(1) Act--Code of Criminal
				  Procedure, § 62.401 et. seq. Termination of Certain Persons' Obligation to
				  Register.
(2) Contact with
				  Registrant: Clinical Interview--Face to face interview between the Licensed Sex
				  Offender Treatment Provider and the Registrant.
(3) Deregistration--The early termination of
				  an individual's obligation to register.
(4) Deregistration Candidate--An individual
				  required to register who is undergoing a deregistration evaluation.
(5) Deregistration Criteria--The criteria
				  established by the council to determine if a registrant is eligible for early
				  termination of the obligation to register.
(6) Evaluation Specialist--A licensed sex
				  offender treatment provider who is approved by the council to conduct
				  deregistration evaluations.
(7)
				  Instant Offense--The sexual offense that resulted in the registrant being
				  required to be listed or included on the sex offender registry.
(8) Public Registry--The public registry of
				  sex offenders in the State of Texas which is maintained by the Texas Department
				  of Public Safety.
(9)
				  Registrant--An individual who is required to register under Code of Criminal
				  Procedure, Chapter 62, in the State of Texas.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 36 - COUNCIL ON SEX OFFENDER TREATMENT › Chapter 810 - COUNCIL ON SEX OFFENDER TREATMENT › Subchapter L - EARLY TERMINATION FOR CERTAIN PERSONS' OBLIGATION TO REGISTER › Section 810.303 - Administration of the Act

Current through Reg. 49, No. 28; July 12, 2024
The council is responsible for providing the appropriate
					 and necessary guidelines for deregistration including identifying who can
					 deregister, the method for evaluating registrants for deregistration and the
					 due process that must be followed to attain deregistration.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 36 - COUNCIL ON SEX OFFENDER TREATMENT › Chapter 810 - COUNCIL ON SEX OFFENDER TREATMENT › Subchapter L - EARLY TERMINATION FOR CERTAIN PERSONS' OBLIGATION TO REGISTER › Section 810.304 - Deregistration Eligibility

Current through Reg. 49, No. 28; July 12, 2024
The council shall establish criteria to determine an
					 individual's eligibility for early termination from the obligation to register.
					 The council shall publish the list of eligibility criteria. Prior to
					 participating in a deregistration evaluation, the registrant must obtain
					 approval from the council that he or she is eligible for
					 deregistration.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 36 - COUNCIL ON SEX OFFENDER TREATMENT › Chapter 810 - COUNCIL ON SEX OFFENDER TREATMENT › Subchapter L - EARLY TERMINATION FOR CERTAIN PERSONS' OBLIGATION TO REGISTER › Section 810.305 - Deregistration Decision Criteria

Current through Reg. 49, No. 28; July 12, 2024
The council shall establish deregistration evaluation
					 criteria to determine the risk level of a registrant.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 36 - COUNCIL ON SEX OFFENDER TREATMENT › Chapter 810 - COUNCIL ON SEX OFFENDER TREATMENT › Subchapter L - EARLY TERMINATION FOR CERTAIN PERSONS' OBLIGATION TO REGISTER › Section 810.306 - Evaluation Specialist

Current through Reg. 49, No. 28; July 12, 2024
The council shall contract with licensed sex offender
					 treatment providers to provide all deregistration evaluation
					 services.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 36 - COUNCIL ON SEX OFFENDER TREATMENT › Chapter 810 - COUNCIL ON SEX OFFENDER TREATMENT › Subchapter L - EARLY TERMINATION FOR CERTAIN PERSONS' OBLIGATION TO REGISTER › Section 810.307 - Deregistration Methodology

Current through Reg. 49, No. 28; July 12, 2024
The Deregistration Evaluation Specialist shall submit the
					 candidate's deregistration evaluation report to the council. The council shall
					 review the report and determine if the report conforms to council criteria. The
					 council shall certify reports that meet council criteria and send each
					 certified report back to the attorney.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 36 - COUNCIL ON SEX OFFENDER TREATMENT › Chapter 810 - COUNCIL ON SEX OFFENDER TREATMENT › Subchapter L - EARLY TERMINATION FOR CERTAIN PERSONS' OBLIGATION TO REGISTER › Section 810.308 - Protocol Compliance

Current through Reg. 49, No. 28; July 12, 2024
The council or its designee shall review each candidate's
					 application and deregistration evaluation report in order to insure that these
					 documents comply with approved methodology and procedures. The council or its
					 designee shall insure that all established requirements have been met by the
					 candidate prior to approving the candidate to undergo a deregistration
					 evaluation. The council or its designee shall also ensure that established
					 deregistration evaluation criteria have been met prior to providing the
					 candidate with the written evaluation report.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 39 - TEXAS BOARD OF PROFESSIONAL GEOSCIENTISTS › Chapter 850 - TEXAS BOARD OF PROFESSIONAL GEOSCIENTISTS › Subchapter A - AUTHORITY AND DEFINITIONS › Section 850.1 - Authority

Current through Reg. 49, No. 28; July 12, 2024
These rules are promulgated under the authority of the
					 Texas Board of Professional Geoscientists, Texas Occupations Code, Chapter
					 1002.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 39 - TEXAS BOARD OF PROFESSIONAL GEOSCIENTISTS › Chapter 850 - TEXAS BOARD OF PROFESSIONAL GEOSCIENTISTS › Subchapter A - AUTHORITY AND DEFINITIONS › Section 850.10 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this chapter,
					 have the following meanings, unless the context clearly indicates
					 otherwise:
(1) Advisory opinion--An
				  interpretation of the Act or an application of the Act to a person with respect
				  to a specified existing or hypothetical factual situation prepared by the
				  Appointed Board on its own initiative or at the request of any interested
				  person.
(2) The Act--Texas
				  Occupations Code, Chapter 1002, cited as the Texas Geoscience Practice
				  Act.
(3) APA--The Administrative
				  Procedure Act (TEX. GOV'T. CODE, Chapter 2001).
(4) Appointed Board--Those persons who are
				  appointed by the Governor and confirmed by the Senate and qualify for office
				  who may deliberate, vote, and be counted as a member in attendance of the Texas
				  Board of Professional Geoscientists.
(5) Board staff--The Executive Director and
				  all other staff employed by the Texas Board of Professional Geoscientists
				  (administrative, investigative, and other support staff, etc.).
(6) Contested case or proceeding--A
				  proceeding in which the legal rights, duties, or privileges of a party are to
				  be determined by the Appointed Board after an opportunity for adjudicative
				  hearing.
(7) Executive
				  Director--The individual appointed by the Appointed Board who shall be
				  responsible for managing the day to day affairs of the board, in accordance
				  with the Act.
(8) License--The
				  whole or part of any TBPG registration, license, certificate of authority,
				  approval, permit, endorsement, title or similar form of permission required or
				  permitted by the Act.
(9)
				  Licensee--An individual holding a current Professional Geoscientist (P.G.)
				  license, Geoscientist-in-Training (GIT) certificate, or Geoscience Firm (Firm)
				  registration.
(10) Rule or Board
				  Rule--State agency rules adopted by the Appointed Board and as published in the
				  Texas Administrative Code Title 22; Part 39; Chapters 850 and 851.
(11) Sanction--A penalty imposed in a
				  disciplinary process. An imposed disciplinary action is a sanction.
(12) TBPG--The Texas Board of Professional
				  Geoscientists, as used in this Chapter, is a reference to the whole or any part
				  of the entity that is the Texas Board of Professional Geoscientists.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 39 - TEXAS BOARD OF PROFESSIONAL GEOSCIENTISTS › Chapter 850 - TEXAS BOARD OF PROFESSIONAL GEOSCIENTISTS › Subchapter B - ORGANIZATION AND RESPONSIBILITIES › Section 850.60 - Responsibilities of the Appointed Board - General Provisions

Current through Reg. 49, No. 28; July 12, 2024
(a) The purpose of this chapter is to
				  implement the provisions in the Act concerning the licensure of Professional
				  Geoscientists and regulation of the public practice of geoscience.
(b) It is the intent of the Appointed Board
				  that the Rules of the TBPG be interpreted in the best interest of the public
				  and the state.
(c) Through this
				  chapter, the Appointed Board intends to establish procedures to receive
				  petitions and complaints from the general public and the TBPG licensees, assure
				  that access to TBPG programs is made available to all citizens, to set
				  appropriate fees, and administer the TBPG's programs effectively.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 39 - TEXAS BOARD OF PROFESSIONAL GEOSCIENTISTS › Chapter 850 - TEXAS BOARD OF PROFESSIONAL GEOSCIENTISTS › Subchapter B - ORGANIZATION AND RESPONSIBILITIES › Section 850.61 - Responsibilities of the Board - Meetings

Current through Reg. 49, No. 28; July 12, 2024
(a) Meetings will be conducted under Robert's
				  Rules of Order.
(b) Unless the Act
				  provides another standard, when a quorum (a majority of the members) is
				  present, a motion before the Appointed Board is carried by an affirmative vote
				  of the majority of the members of the Appointed Board present.
(c) Meetings will be conducted as public
				  meetings under the Government Code, Chapter 551, Subchapter A, Open
				  Meetings.
(d) The Appointed Board
				  will determine on a case by case basis, the number of and the location of
				  cameras and recording devices to maintain order during Appointed Board
				  meetings.
(e) The Appointed Board
				  shall provide the public a reasonable opportunity to appear before the
				  Appointed Board at its meetings and to speak on any issue under the
				  jurisdiction of the TBPG. Subject to the statutory requirement of a "reasonable
				  opportunity," the Appointed Board may limit the amount of time that each
				  speaker may speak on a given subject under the jurisdiction of the
				  TBPG.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 39 - TEXAS BOARD OF PROFESSIONAL GEOSCIENTISTS › Chapter 850 - TEXAS BOARD OF PROFESSIONAL GEOSCIENTISTS › Subchapter B - ORGANIZATION AND RESPONSIBILITIES › Section 850.62 - General Powers and Duties of the TBPG

Current through Reg. 49, No. 28; July 12, 2024
(a) Unless exempted by the Act, the TBPG
				  ensures that a person may not engage in the public practice of geoscience
				  unless the person holds a license issued by the TBPG.
(b) The TBPG ensures that a person does not
				  take responsible charge of a geoscientific report or a geoscientific portion of
				  a report required by municipal or county ordinance, state or federal law, state
				  agency rule, or federal regulation that incorporates or is based on a
				  geoscientific study or geoscientific data unless the person is licensed under
				  the authority provided to the TBPG under the Act.
(c) The Act and Rules adopted by the
				  Appointed Board under the authority of the Act apply to every licensee,
				  registered Firm, Geoscientist-in-Training, and unlicensed individual or
				  unregistered firm providing or offering to provide professional geoscience
				  services.
(d) Unless an exemption
				  in the Act applies, the TBPG ensures that all Firms offering to engage or
				  engaging in the public practice of professional geoscience in Texas are
				  registered as a Geoscience Firm.
(e) Citizens who do not speak English or who
				  have a physical, mental, or developmental disability will be provided
				  reasonable access to the TBPG meetings and programs.
(f) The TBPG welcomes appropriate citizen
				  input and communications at TBPG meetings and upon prior reasonable notice to
				  the TBPG, the TBPG will provide interpreters and/or sign language specialists
				  to assist the public in presenting their input to the TBPG.
(g) The TBPG works with each state agency
				  that uses the services of a person licensed by the TBPG and other state
				  agencies as determined by the Appointed Board, including a state agency with
				  which the Appointed Board has entered into a Memorandum of Understanding that
				  addresses the coordination of activities or complaints, to educate the
				  agencies' employees regarding the procedures by which complaints are filed with
				  and resolved by the TBPG.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 39 - TEXAS BOARD OF PROFESSIONAL GEOSCIENTISTS › Chapter 850 - TEXAS BOARD OF PROFESSIONAL GEOSCIENTISTS › Subchapter B - ORGANIZATION AND RESPONSIBILITIES › Section 850.63 - Responsibilities of the Appointed Board

Current through Reg. 49, No. 28; July 12, 2024
(a) The Appointed Board may take the
				  disciplinary actions described in and set forth in the Act on the grounds
				  described in and set forth in the Act, and may issue orders
				  accordingly.
(b) The Appointed
				  Board may deny a license on the grounds described in and set forth in the
				  Act.
(c) The Appointed Board may
				  reinstate a license by the procedures and on the conditions set forth in the
				  Act.
(d) The Appointed Board may
				  impose an administrative penalty based on the factors and subject to the
				  limitations set forth in the Act.
(e) The Appointed Board, through its
				  Executive Director, shall give notice of its order imposing a sanction or
				  penalty to all parties. The notice must include:
(1) separate statements of the findings of
				  fact and conclusions of law;
(2)
				  the specific disciplinary action to be taken and the amount of any penalty
				  assessed, if applicable;
(3)
				  whether or not a motion for rehearing is required as a prerequisite for appeal;
				  and
(4) the motion for rehearing
				  time table.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 39 - TEXAS BOARD OF PROFESSIONAL GEOSCIENTISTS › Chapter 850 - TEXAS BOARD OF PROFESSIONAL GEOSCIENTISTS › Subchapter B - ORGANIZATION AND RESPONSIBILITIES › Section 850.65 - Petition for Adoption of Rules

Current through Reg. 49, No. 28; July 12, 2024
Any interested party may request adoption of a rule(s) by
					 submitting a letter of request to the TBPG with a draft of the rule(s)
					 attached. At a minimum the request should contain:
(1) items to be deleted should be bracketed
				  or lined through;
(2) items added
				  should be underlined; and
(3) the
				  rationale for the requested rule change.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 39 - TEXAS BOARD OF PROFESSIONAL GEOSCIENTISTS › Chapter 850 - TEXAS BOARD OF PROFESSIONAL GEOSCIENTISTS › Subchapter C - FEES › Section 850.81 - Charges for Providing Copies of Public Information

Current through Reg. 49, No. 28; July 12, 2024
Cost for providing public information is that as
					 promulgated by the Office of the Attorney General under 1 Texas Administrative
					 Code §§70.1- 70.12 (relating to Cost of Copies of Public
					 Information).
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 39 - TEXAS BOARD OF PROFESSIONAL GEOSCIENTISTS › Chapter 850 - TEXAS BOARD OF PROFESSIONAL GEOSCIENTISTS › Subchapter C - FEES › Section 850.82 - Dishonored Payment

Current through Reg. 49, No. 28; July 12, 2024
(a) If a payment
				  drawn to the TBPG for an initial license, certification or registration or the
				  renewal of a license, certification, or registration is dishonored by a payor,
				  the TBPG shall take the following actions:
(1) Notify the applicant or licensee of the
				  issue and request resolution of the payment, plus the insufficient funds fee in
				  §
											851.80 of this
				  title within 30 days;
(2)
				  Invalidate any new or renewed license, certification, or registration that was
				  processed based on the payment that was dishonored, if the payment has not been
				  resolved within 30 days of the sending or receipt of the notice, as
				  applicable.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 39 - TEXAS BOARD OF PROFESSIONAL GEOSCIENTISTS › Chapter 850 - TEXAS BOARD OF PROFESSIONAL GEOSCIENTISTS › Subchapter D - ADVISORY OPINIONS › Section 850.100 - Subject of an Advisory Opinion

Current through Reg. 49, No. 28; July 12, 2024
On its own initiative or at the request of any interested
					 person, the Appointed Board shall prepare a written advisory opinion
					 about:
(1) an interpretation of the
				  Act; or
(2) the application of the
				  Act to a person in regard to a specified existing or hypothetical factual
				  situation.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 39 - TEXAS BOARD OF PROFESSIONAL GEOSCIENTISTS › Chapter 850 - TEXAS BOARD OF PROFESSIONAL GEOSCIENTISTS › Subchapter D - ADVISORY OPINIONS › Section 850.101 - Request for an Advisory Opinion

Current through Reg. 49, No. 28; July 12, 2024
(a) A
				  request for an advisory opinion shall include, at a minimum, sufficient
				  information in order for the Appointed Board to provide a complete response to
				  the request. The requestor must provide the following, as applicable:
(1) requestor contact information;
(2) affected section(s) of the Act and/or
				  Rules;
(3) description of the
				  situation;
(4) reason advisory
				  opinion is requested;
(5) parties
				  or stakeholders that will be affected by the opinion, if known; and
(6) any known, pending litigation involving
				  the situation.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 39 - TEXAS BOARD OF PROFESSIONAL GEOSCIENTISTS › Chapter 850 - TEXAS BOARD OF PROFESSIONAL GEOSCIENTISTS › Subchapter D - ADVISORY OPINIONS › Section 850.102 - Appointed Board Initiated Opinion

Current through Reg. 49, No. 28; July 12, 2024
When a majority of the Appointed Board determines that an
					 opinion would be in the public interest or in the interest of any person or
					 persons within the jurisdiction of the TBPG, the Appointed Board may on its own
					 motion issue an advisory opinion.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 39 - TEXAS BOARD OF PROFESSIONAL GEOSCIENTISTS › Chapter 850 - TEXAS BOARD OF PROFESSIONAL GEOSCIENTISTS › Subchapter D - ADVISORY OPINIONS › Section 850.103 - Receipt, Review, and Processing of a Request

Current through Reg. 49, No. 28; July 12, 2024
(a) The Appointed Board, through the
				  appropriate committee, shall review all requests for advisory
				  opinions.
(b) Upon receipt of a
				  request for an advisory opinion, the Executive Director will date stamp the
				  request, issue an Advisory Opinion Request (AOR) tracking number, and make a
				  preliminary determination on the TBPG's jurisdiction regarding the
				  request.
(c) The Executive Director
				  will review the request to determine if the request can be answered by
				  reference to the plain language of a statute or a TBPG rule, or if the request
				  has already been answered by the Appointed Board.
(d) If the Executive Director determines the
				  TBPG has no jurisdiction or the request can be answered by reference to a
				  statute, TBPG rule, or previous opinion, the Executive Director shall prepare a
				  written response for the appropriate committee addressed to the person making
				  the request that cites the jurisdictional authority, the language of the
				  statute or rule, or the prior determination.
(e) The appropriate committee shall review
				  all requests for advisory opinions and may:
(1) approve jurisdiction and reference
				  responses, as applicable, and report a summary of these actions to the
				  Appointed Board for ratification; or
(2) determine the request warrants an
				  advisory opinion and proceed with developing an advisory opinion.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 39 - TEXAS BOARD OF PROFESSIONAL GEOSCIENTISTS › Chapter 850 - TEXAS BOARD OF PROFESSIONAL GEOSCIENTISTS › Subchapter D - ADVISORY OPINIONS › Section 850.104 - Compilation of Advisory Opinions

Current through Reg. 49, No. 28; July 12, 2024
The TBPG shall number and classify each final advisory
					 opinion issued and shall make them available on the Internet.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 39 - TEXAS BOARD OF PROFESSIONAL GEOSCIENTISTS › Chapter 850 - TEXAS BOARD OF PROFESSIONAL GEOSCIENTISTS › Subchapter D - ADVISORY OPINIONS › Section 850.105 - Time Period

Current through Reg. 49, No. 28; July 12, 2024
The Appointed Board shall respond to requests for an
					 advisory opinion within 180 days after the date the TBPG receives the written
					 request unless the Appointed Board affirmatively states the Appointed Board's
					 reason for not responding to the request within 180 days or for not responding
					 to the request at all.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 39 - TEXAS BOARD OF PROFESSIONAL GEOSCIENTISTS › Chapter 850 - TEXAS BOARD OF PROFESSIONAL GEOSCIENTISTS › Subchapter E - MISCELLANEOUS BOARD PROCEDURES AND REQUIREMENTS › Section 850.221 - Procurement and Procurement Bid Protest Procedures

Current through Reg. 49, No. 28; July 12, 2024
(a) An actual bidder who considers him or herself aggrieved in connection
											  with the award of a contract by the Board may file a formal protest with the Board's procurement director. A
											  formal protest must be in writing and received by the procurement director within ten (10) business days
											  after the protesting party knows or should have known of the occurrence of the action which is
											  protested.
(b) Procedures:
(1)
											  Within ten (10) business days after the bid award, the bidder must submit in writing to the procurement
											  director the reasons why TBPG should not have awarded the bid to the successful bidder.
(2) If the unsuccessful bidder does not agree with the response of the
											  procurement director, the bidder may appeal the decision to the Executive Director on or before the seventh
											  day after receiving the denial.
(3) Protests and appeals that are
											  not timely filed will not be considered, unless good cause is established, or the procurement director
											  determines that the protest or appeal raises issues significant to the agency's procurement practices or
											  procedures.
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 851.20 - Professional Geoscientist Licensing Requirements and Application Procedure

Current through Reg. 49, No. 28; July 12, 2024
(a) Requirements
				  for licensure:
(1) Passing score on an
				  examination or examinations required by the Texas Board of Professional
				  Geoscientists (TBPG) covering the fundamentals and practice of the appropriate
				  discipline of geoscience documented as specified in §
											851.21
				  of this chapter;
(2) Has a
				  documented record of at least five years of qualifying work experience during
				  which the applicant has demonstrated being qualified to assume responsible
				  charge of geoscience services as specified in §
											851.23
				  of this chapter and Texas Occupations Code (TOC) §1002.256:
(A) A total of one year of qualifying work
				  experience credit may be granted for each full-time year of graduate study in a
				  discipline of geoscience, not to exceed two years;
(B) The Appointed Board may accept qualifying
				  work experience in lieu of the education requirement as provided in TOC
				  §1002.255;
(3)
				  Academic requirements for licensure as specified in TOC § 1002.255 and
				  §
											851.25
				  of this chapter; and
(4) Supporting
				  documentation of any license requirement, as determined by Board staff or the
				  Appointed Board, relating to criminal convictions as specified in §
											851.108 of
				  this chapter; relating to substance abuse issues as specified in §
											851.109 of this
				  chapter; and relating to issues surrounding reasons the Appointed Board may
				  deny a license as specified in the Geoscience Practice Act at TOC
				  §1002.401 and §1002.402.
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 851.21 - Licensing Requirements - Examinations

Current through Reg. 49, No. 28; July 12, 2024
(a) Qualifying
				  examinations:
(1) An applicant for the
				  Geology discipline must pass both parts of the ASBOG® examination.
				  Applicants taking the ASBOG® examinations must also abide by the rules and
				  regulations of ASBOG®.
(2) An
				  applicant for the Soil Science discipline must pass both parts of the Council
				  of Soil Science Examiners (CSSE) examination. Applicants taking the CSSE
				  examinations must also abide by the rules and regulations of CSSE.
(3) An applicant for the Geophysics
				  discipline must pass the Texas Geophysics Examination (TGE).
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 851.22 - Waivers and Substitutions: Policy, Procedures, and Criteria

Current through Reg. 49, No. 28; July 12, 2024
(a) Introduction: The Texas Board of Professional Geoscientists is charged
											  with the responsibility of issuing a license to engage in the public practice of geoscience in the state of
											  Texas only to those individuals who meet the qualifications for licensure, as provided by Texas law. The
											  successful completion of the required examination for the specific discipline is an essential element in the
											  Professional Geoscientist licensure process. The Texas Geoscience Practice Act (TGPA) (Texas Occupations
											  Code, Chapter 1002, §1002.259) provides that "Except for the payment of required fees, the board may
											  waive any of the requirements for licensure by a two-thirds vote of the entire board if the applicant makes a
											  written request and shows good cause and the board determines that the applicant is otherwise qualified for a
											  license."
(1) An applicant for licensure as a Professional Geoscientist may
											  request a waiver by submitting a copy of Form VI - "Request for Waiver of Licensing Requirement - Board
											  Policy and Procedures," along with supporting documentation. Only an applicant for licensure may request a
											  waiver. An applicant must have submitted a complete application, supporting documentation (such as
											  transcripts and qualifying experience record), and applicable fees for a waiver request to be
											  considered.
(2) Once a request for a waiver and all relevant
											  documents and information supporting the request have been received, subject to scheduling logistics, the
											  request will be placed on the next available meeting of the TBPG's Application Review and Continuing
											  Education Committee.
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 851.23 - Qualifying Experience Record

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Applicants shall complete the Qualifying Experience Record on Application Form
				  A and provide supplemental information to demonstrate the dates qualifying
				  experience began and ended.
(b) The
				  experience record shall be written by the applicant, shall clearly describe the
				  geoscience work that the applicant personally performed in each setting, and
				  shall delineate the role of the applicant in any group geoscience
				  activity.
(c) The experience record
				  should provide an overall description of the nature and scope of the work with
				  emphasis on detailed descriptions of the geoscience work personally performed
				  by the applicant to cover at least the minimum amount of time needed by the
				  applicant for issuance of a license.
(d) The experience record shall be written in
				  sufficient detail to allow the Board staff to document the minimum amount of
				  experience required .
(e) The
				  experience record must demonstrate evidence of the applicant's competency to be
				  placed in responsible charge of geoscience services of a similar
				  character.
(f) Experience is
				  qualifying if the applicant's duties and responsibilities included the
				  performance of geoscience tasks or is acceptable to the TBPG. TBPG may accept
				  research in or the teaching of a discipline of geoscience at the college or
				  university level as qualifying work experience if the research or teaching, in
				  the judgment of the TBPG, is comparable to work experience obtained in the
				  practice of geoscience.
(g) The
				  Executive Director may require an applicant to provide additional information
				  to adequately verify the applicant's experience.
(h) Waiver of the Required Qualifying Work
				  Experience. The Appointed Board has determined that the qualifying work
				  experience required by statute for licensure is a necessary requirement that
				  should not be waived. The Appointed Board does not offer waiver of this
				  requirement for licensure.
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 851.25 - Education Requirements and Equivalents

Current through Reg. 49, No. 28; July 12, 2024
(a) An applicant must have graduated from a
				  course of study from an accredited university or program in one of the
				  following disciplines of geoscience that consists of at least four years of
				  study and includes at least 30 semester hours or 45 quarter hours of credit in
				  geoscience, of which at least 20 semester hours or 30 quarter hours of credit
				  must be in upper-level college courses in that discipline:
(1) Geology or sub-discipline of geology
				  including but not limited to engineering geology, petroleum geology,
				  hydrogeology, and environmental geology;
(2) Geophysics; or
(3) Soil science.
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 851.26 - Licensing of Military Service Members, Military Veterans, and Military Spouses

Current through Reg. 49, No. 28; July 12, 2024
(a) This section
				  sets out licensing procedures for military service members, military veterans,
				  and military spouses required under Texas Occupations Code, Chapter 55
				  (relating to Licensing of Military Service Members, Military Veterans, and
				  Military Spouses). For purposes of this section:
(1) "Active Duty" means current full-time
				  military service in the armed forces of the United States or active duty
				  military service as a member of the Texas military forces, as defined by §
											437.001, Government
				  Code, or similar military service of another state.
(2) "Armed Forces of the United States" means
				  the army, navy, air force, coast guard, or marine corps of the United States or
				  a reserve unit of one of those branches of the armed forces.
(3) "Military service member" means a person
				  who is on active duty.
(4)
				  "Military spouse" means a person who is married to a military service
				  member.
(5) "Military veteran"
				  means a person who has served on active duty and who was discharged or released
				  from active duty.
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 851.27 - Replacement License Certificate or License Expiration Cards

Current through Reg. 49, No. 28; July 12, 2024
A new or duplicate license certificate, a new or duplicate
					 license certificate expiration card, or a new wallet license expiration card to
					 post in a secondary work location or to replace one lost, destroyed, or
					 mutilated, may be issued, subject to the rules of the TBPG, on payment of the
					 established fee. A licensee need not destroy his or her current license
					 certificate, but shall remain responsible for its care and custody, including
					 any misuse of the certificate.
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 851.29 - Endorsement and Reciprocal Licensure

Current through Reg. 49, No. 28; July 12, 2024
(a) Endorsement.
(1) Endorsement is the process whereby TBPG,
				  based on review of evidence of having completed a requirement for licensure for
				  an equivalent license in another jurisdiction, determines that the applicant
				  has met a requirement for licensure as a Professional Geoscientist.
(2) An applicant for a Professional
				  Geoscientist license who is currently or has been licensed or registered in the
				  last ten years to practice a discipline of geoscience in Texas or another
				  United States jurisdiction (state, commonwealth, or territory, including the
				  District of Columbia) or another country may be eligible to demonstrate having
				  met all or some of the qualifications for licensure through
				  endorsement.
(3) The Board staff
				  will only consider documentation provided to the TBPG directly from a licensing
				  authority that has issued a license to the applicant. It is the responsibility
				  of the applicant to ensure that the licensing authority provides information to
				  the TBPG and pays any associated costs.
(4) For the Board staff to consider evidence
				  supporting the endorsement of a licensing qualification, the applicant must
				  ensure that his or her licensing authority provides:
(A) Verification that the license is current
				  or was held in the past ten years from the date of application; and
(B) Verification of the specific requirements
				  that were met to become licensed.
(5) Verification may be in the form of:
(A) A document signed by an authorized agent
				  of the jurisdiction indicating the specific qualifications that were met to
				  become licensed; and/or
(B) Copies
				  of specific documents that were submitted to the licensing authority to
				  document having met a specific requirement.
(6) The TBPG may accept, deny or grant
				  partial credit for requirements completed in a different
				  jurisdiction.
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 851.30 - Firm Registration

Current through Reg. 49, No. 28; July 12, 2024
(a) Registration
				  required. Unless an exemption applies, as outlined in Texas Occupations Code
				  §
										1002.351(b),
				  a firm may engage in the public practice of geoscience only if the firm is
				  currently registered with the TBPG; and
(1)
				  The geoscience services are performed by, or under the supervision of, a
				  Professional Geoscientist who is in responsible charge of the work and who
				  signs and seals all geoscientific reports, documents, and other records as
				  required by this chapter; or
(2)
				  The business of the firm includes the public practice of geoscience as
				  determined by TBPG rule, and a principal of the firm or an officer or director
				  of the corporation is a Professional Geoscientist and has overall supervision
				  and control of the geoscience services performed in this state. As provided in
				  §
											851.10(23)
				  of this chapter, the term Geoscience Firm (Firm) includes a sole practitioner
				  registered with TBPG as a Geoscience Firm, a co-partnership, corporation,
				  partnership, limited liability company, joint stock association, or other
				  business organization that is registered with the TBPG as a Geoscience Firm.
				  For the purposes of this section, the term "public" includes, but is not
				  limited to, political subdivisions of the state, business entities, and
				  individuals. This section does not apply to an engineering firm that performs
				  service or work that is both engineering and geoscience.
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 851.31 - Temporary P.G. License and Temporary Firm Registration

Current through Reg. 49, No. 28; July 12, 2024
(a) Temporary P.G. License. The TBPG may
				  issue a temporary license to an applicant as described in §1002.258(a) of
				  the Act.
(b) Temporary Firm
				  Registration.
(1) The Board may issue a
				  temporary license to a firm that is licensed or registered in another state or
				  foreign country and wishes to engage temporarily in the public practice of
				  geoscience in this state and that does not have an established place of
				  business in this state.
(2) An
				  applicant for a temporary firm registration must:
(A) Apply to the Board for a temporary firm
				  registration;
(B) Provide proof of
				  firm licensure or registration in another state or foreign country;
(C) Pay the appropriate fee listed in
				  §851.80
(D) Include in the
				  application the name and P.G. license number of the Professional Geoscientist
				  licensed in Texas who will take Responsible Charge of the firm's geoscience
				  work;
(E) Affirm and acknowledge
				  that all signed and sealed work products must include the seal of the firm for
				  the non-Texas jurisdiction in which the firm is licensed or registered, the
				  temporary Texas firm registration number, and the expiration date of the
				  temporary registration; and
(F)
				  Affirm and acknowledge that the firm must submit or deliver the work product on
				  or before the date the temporary registration expires.
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 851.32 - Continuing Education Program

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Each licensee shall meet the Continuing Education Program (CEP) requirements
				  for professional development as a condition for license renewal.
(b) Terms used in this section are defined as
				  follows:
(1) Professional Development Hour
				  (PDH)--A contact hour (clock hour) of CEP activity. PDH is the basic unit for
				  CEP reporting.
(2) Continuing
				  Education Unit (CEU)--Unit of credit customarily used for continuing education
				  courses. One continuing education unit equals 10 hours of class in an approved
				  continuing education course.
(3)
				  College/Unit Semester/Quarter Hour--Credit for course in a discipline of
				  geoscience or other related technical elective of the discipline.
(4) Course/Activity--Any qualifying course or
				  activity with a clear purpose and objective which will maintain, improve, or
				  expand the skills and knowledge relevant to the licensee's field of
				  practice.
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 851.35 - Voluntary Surrender of a License, Registration or Certification

Current through Reg. 49, No. 28; July 12, 2024
(a) A license
				  holder who does not wish to maintain a license, registration, or certification
				  may voluntarily surrender the license, registration, or certification by
				  submitting a request in writing on a form prescribed by the TBPG, provided that
				  the license holder:
(1) has a current
				  license, registration, or certification;
(2) is not out of compliance with a
				  disciplinary order;
(3) does not
				  have a complaint pending; and
(4)
				  is not under a continuing education audit.
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 851.40 - Geoscientist-in-Training (GIT)

Current through Reg. 49, No. 28; July 12, 2024
(a) The GIT
				  certification is intended for individuals who wish to express the intent to
				  become a Professional Geoscientist while they are gaining qualifying geoscience
				  work experience. Individuals who meet the educational requirements of
				  §1002.255(a)(2)(A) of the Act and have successfully passed an examination
				  as specified in §
										851.21
				  of this chapter are eligible to apply for GIT certification. This certification
				  does not entitle an individual to practice as a licensed Professional
				  Geoscientist.
(b) Upon accruing 5
				  years of post graduate geoscience work experience, individuals who are GIT
				  certified and in good standing with the TBPG may apply for licensure as a
				  Professional Geoscientist by submitting the following:
(1) TBPG Application for P.G. Licensure (Form
				  A);
(2) The application fee as
				  detailed in §
											851.80 of this
				  chapter;
(3) The required evidence
				  of qualifying work experience as described in §
											851.23
				  of this chapter; and
(4) Proof of
				  having passed one of the following discipline specific examinations:
(A) ASBOG® Practice of Geology;
(B) Council of Soil Science Examiners (CSSE)
				  Soil Science Practice Examination; or
(C) Texas Geophysics Examination.
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 851.41 - Geoscientist-in-Training Certification Requirements and Application Procedure

Current through Reg. 49, No. 28; July 12, 2024
(a) To qualify for
				  certification, an applicant must meet the following requirements:
(1) Educational requirements for licensure as
				  a P.G. as established in §
											851.25(a)
				  of this chapter.
(2) Passed one of
				  the following examinations:
(A) Geology
				  discipline: ASBOG® Fundamentals of Geology Examination;
(B) Soil Science discipline: Council of Soil
				  Science Examiners (CSSE) Soil Science Fundamentals Examination; or
(C) Geophysics discipline: The Texas
				  Fundamentals of Geophysics Examination (TFGE).
(3) Application fee published in §
											851.80 of this
				  chapter.
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 851.43 - GIT Certification Period and Renewal

Current through Reg. 49, No. 28; July 12, 2024
(a) An initial GIT
				  certification is valid for one year and may be renewed annually.
(b) A GIT certificate expires at the end of
				  the month one year from the date of issuance, and can be renewed annually if
				  the individual:
(1) Submits a GIT
				  Certification Renewal Application (Form J) and pays the fee established by the
				  Appointed Board;
(2) Accumulates
				  eight or more Professional Development Hours (PDH) as described in §
											851.32 of this chapter throughout
				  the prior certification year to include one hour of ethics training;
				  and
(3) Remains in good standing
				  with the TBPG.
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 851.44 - Use of the Title "Geoscientist-in-Training"

Current through Reg. 49, No. 28; July 12, 2024
Individuals who are certified as a Geoscientist-in-Training
					 may use "GIT" or "Geoscientist-in-Training" as a title after their name,
					 providing these designations are not used in conjunction with or preceded by
					 the word "licensed" or any other words that might lead one to believe they are
					 licensed as a Professional Geoscientist.
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 851.80 - Fees

Current through Reg. 49, No. 28; July 12, 2024
(a) All fees are
				  non-refundable.
(b) P.G.
				  application and license fee--$255.
(c) Examination processing
				  fee--$25.
(d) Applicable
				  examination fees:
(1) Geology--Fundamentals
				  and Practice as determined by ASBOG®.
(2) Geophysics--Texas Fundamentals of
				  Geophysics Examination--$75.
(3)
				  Geophysics--Texas Geophysics Examination--$175.
(4) Soil Science--Fundamentals and Practice
				  as determined by the Council of Soil Science Examiners (CSSE).