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Regular Session, 2010
SENATE BILL NO. 788
BY SENATOR HEBERT
FEES/LICENSES/PERMITS. Enacts the Louisiana Professional Geoscience Practice Act.
(1/01/11)(2/3CAVIIs2.1)
AN ACT1
To amend and reenact R.S. 44:4.1(B)(21), and to enact Chapter 8-A of Title 37 of the2
Louisiana Revised Statutes of 1950, to be comprised of R.S. 37:711.1 through3
711.24, relative to the professional geoscientists; to provide for a board; to provide4
for meetings; to provide for powers; to provide for records and reports; to provide5
for requirements; to provide for exemptions; to provide for applications and fees; to6
provide for examinations; to provide for eligibility; to provide for types of licenses;7
to provide for issuance of licenses; to provide for expiration and renewal of licenses;8
to provide for professional development; to provide for a seal; to provide for9
disciplinary procedures; to provide for enforcement; and to provide for related10
matters.11
Be it enacted by the Legislature of Louisiana:12
Section 1. Chapter 8-A of Title 37 of the Louisiana Revised Statutes of 1950, to be13
comprised of R.S. 37:711.1 through 711.24, is hereby enacted to read as follows: 14
CHAPTER 8-A. PROFESSIONAL GEOSCIENTISTS15
§711.1. Short title16
This Chapter may be cited as the "Louisiana Professional Geoscience17 SB NO. 788
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Practice Act".1
§711.2. Definitions2
The following words and phrases when used in this Chapter shall have3
the following meaning, unless the context clearly requires otherwise:4
(1) "Applicant" means any person seeking to practice geoscience in the5
state of Louisiana, that has applied to the board for authority to practice the6
respective profession and render such professional geoscience services in the7
state of Louisiana, or an individual who has applied to the board for8
certification as a geoscientist in training.9
(2) "Board" means the Louisiana Board of Professional Geoscientists,10
provided for by this Chapter.11
(3) "Certification", "certified", or "certificate holder" means the12
recognition granted by the board and its issuance of a certificate to any13
individual seeking such recognition as a geoscientist in training, who has been14
successfully examined and is otherwise in good standing with the board.15
(4) "Firm" means any domestic or foreign firm, partnership, association,16
cooperative, venture, corporation, limited liability company, limited liability17
partnership, or any other entity.18
(5) "Geoscience" means the science of the earth and its origin and19
history, the investigation of the earth's environment and its constituent soils,20
rocks, minerals, fossil fuels, solids, and fluids, and the study of the natural and21
introduced agents, forces, and processes that cause changes in and on the earth.22
(6) "Geoscience firm" means a firm registered by the board to engage23
in the practice of geoscience.24
(7) "Geoscientist" means a person qualified to engage in the practice of25
geoscience because of the person's knowledge, acquired through education and26
practical experience, of geoscience, mathematics, and the supporting physical,27
chemical, mineralogical, morphological, and life sciences.28
(8) "Geoscientist in training" means a person registered by the board29 SB NO. 788
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on the basis of education and who meets other requirements established by the1
board but who is not fully qualified to be a licensed geoscientist under this2
Chapter.3
(9) "Licensed geoscientist" or "professional geoscientist" means a4
person who holds a license issued by the board under this Chapter.5
(10) "Licensee" means any person practicing or seeking to practice6
geoscience in the state of Louisiana that has received a license from the board7
and is otherwise in good standing with the board. The term is often used8
synonymously with the term "registrant".9
(11) "Licensed" or "licensure" means the recognition granted by the10
board and its issuance of a license to any person to practice geoscience in the11
state of Louisiana. These terms are often used synonymously with the terms12
"registered" or "registration".13
(12) "Person" means any individual or firm.14
(13) "Practice of geoscience" means the practice for the public of15
geoscientific services or work, including consulting, investigating, evaluating,16
analyzing, planning, mapping, and inspecting geoscientific work and the17
responsible supervision of those tasks.18
(14) "Responsible charge" means the independent control and direction19
of geoscientific work or the supervision of geoscientific work by the use of20
initiative, skill, and independent judgment.21
§711.3. Board; appointments; terms22
A. The Louisiana Board of Professional Geoscientists is hereby created23
to administer the provisions of this Chapter. The board shall consist of nine24
members, six of whom shall be licensed geoscientists, and three of whom shall25
be members of the public.26
B. The governor shall appoint all members to the board subject to Senate27
confirmation.28
C. The members shall serve at the pleasure of the governor.29 SB NO. 788
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D. This board shall be financially self-sufficient. It shall receive no state1
funds through appropriation or otherwise and shall not expend any such state2
funds. No state funds shall be expended or committed to expenditure to the3
board for a group benefits program or any other health insurance or employee4
benefit program, for any retirement system, for any salary, per diem payment,5
travel or expenses, office supplies and materials, rent, purchase of any product6
or service, or for any other purpose.7
§711.4. Qualifications of board members8
Each member of the board shall be a citizen of the United States and a9
resident of this state for at least the three years preceding appointment.10
§711.5. Compensation and expenses11
Each member of the board shall receive the amount set by the board, but12
not to exceed one hundred dollars per diem when actually attending to the work13
of the board or any of its committees, and for the time spent in necessary travel;14
and, in addition thereto, shall be reimbursed for all actual traveling, incidental15
and clerical expenses necessarily incurred in carrying out the provisions of this16
Chapter.17
§711.6. Organization and meetings18
A. The board shall hold at least four regular meetings each year.19
Special meetings shall be held at such time and place as specified by a call of the20
chairman or secretary. Notice of all meetings shall be given in writing to each21
member by the secretary. The board shall elect annually from its membership22
the following officers: a chairman, a vice chairman, a secretary, and a23
treasurer. A quorum of the board shall be a majority of its members. The24
board may appoint or employ an assistant secretary, executive secretary,25
treasurer, or other officers or employees not members of the board, to whom26
clerical and administrative duties may be assigned. The board shall fix the27
compensation of such persons not under the state civil service.28
B. The board shall be domiciled and maintain its principal office in the29 SB NO. 788
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city of Baton Rouge and shall maintain its records at said principal office, and1
shall hold its regular meetings there, unless, in the discretion of the chairman,2
it is necessary or convenient to meet elsewhere. A change in domicile of the3
board may be made by a two-thirds affirmative vote of the entire board4
membership at a regular meeting.5
§711.7. Powers of the board6
A. The board shall have the power to make, adopt, amend, and7
promulgate bylaws not inconsistent with the constitution and laws of this state,8
which may be reasonably necessary for the proper performance of its duties,9
and the regulation of the proceedings before it. The board shall adopt and have10
an official seal, which shall be affixed to all licenses and certificates issued.11
B.(1) Each member of the board shall have power to administer oaths,12
and the board shall have power to subpoena witnesses and compel the13
production of books and papers pertinent to any investigation, hearing, or14
disciplinary or enforcement proceeding authorized by this Chapter, and any15
employee of the board engaged in such investigation, hearing, or disciplinary16
or enforcement proceeding shall have the power to administer oaths to and take17
the depositions of persons pertaining to any investigation, hearing, or18
disciplinary or enforcement proceeding.19
(2) The board may require any law enforcement officer or any state20
agency, the sheriffs of the various parishes, or constables, marshals, or other21
law enforcement officers of any parish or municipality to serve such subpoenas22
and other process of said board. Whenever parish, municipal, or other local23
officers are required to serve such subpoenas or other process of the board, they24
shall be paid the same fees by the board as are provided by law for similar25
services under processes issued by district courts.26
(3)(a) Any person who shall fail to appear in response to a subpoena or27
to answer any question or produce any books or papers pertinent to any such28
investigations, hearings, or disciplinary or enforcement proceedings or who29 SB NO. 788
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shall knowingly give false testimony therein shall be guilty of a misdemeanor1
and subject to the actions, sanctions, and penalties provided by this Chapter.2
(b) In case of contumacy or refusal to obey a subpoena issued to any3
person, any district court within the jurisdiction of which the inquiry is carried4
on, or within the jurisdiction of which said person guilty of contumacy or5
refusal to obey is found, or resides, or transacts business upon application by6
the board, shall have jurisdiction to issue to such person an order requiring7
such person to appear before the board, its member, or agent, and to produce8
evidence, if so ordered, or there to give testimony touching on the matter under9
consideration or in question; and any failure to obey such order of court may10
be punished by said court as a contempt thereof.11
C.(1) The board shall adopt, promulgate, and enforce rules and12
regulations in accordance with the Administrative Procedure Act, which may13
be reasonably necessary for the protection of the public and proper14
administration of this Chapter. These rules and regulations shall be binding15
upon all applicants, licensed geologists and geologists-in-training, including all16
geoscience firms. These rules and regulations shall be made known, in writing,17
to every applicant, licensee, and certificate holder under this Chapter. The18
board may revise and amend these rules and regulations from time to time, in19
accordance with the Administrative Procedure Act, and shall notify each20
licensee and certificate holder in writing or by notice in the official journal of21
the board of such revision or amendment.22
(2) The board may establish, adopt, promulgate, and publish rules and23
regulations in accordance with the Administrative Procedure Act, concerning24
the procurement of professional geoscientific services.25
D. The board is hereby authorized in its own name to apply for relief by26
injunction in the established manner provided in cases of civil procedure to27
enforce the provisions of this Chapter, or to restrain any violation thereof. In28
such proceedings, it shall be unnecessary to allege or prove that either an29 SB NO. 788
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adequate remedy at law does not exist or that substantial or irreparable damage1
would result from the continued violation thereof.2
E. The board may subject an applicant to such examinations as it deems3
necessary to determine his qualifications. In the event a question arises as to the4
competence of a licensee or certificate holder in a specific technical field which5
cannot be otherwise resolved to the board's satisfaction, the board, either upon6
request of the licensee or certificate holder or on its own volition, may submit7
the licensee or certificate holder to appropriate examinations.8
F. The board, by rule or regulation adopted in accordance with the9
Administrative Procedure Act, may create license or renewal statutes for10
licensees and former licensees, and may establish classifications of licensure11
including but not limited to active, expired, inactive, and retired classifications.12
§711.8. Firms13
A. All domestic firms and foreign firms qualifying to do business in the14
state of Louisiana, which practice or offer to practice geoscience in the state of15
Louisiana are subject to regulation and supervision by the board, and the16
board, in implementation of this Section, may issue rules and regulations, in17
accordance with the Administrative Procedure Act, further governing the18
conduct and activities of such firm.19
B. Within thirty days after the issuance by the secretary of state of a20
certificate of incorporation of a Louisiana corporation formed pursuant to the21
Louisiana Business Corporation Law, or the Louisiana Nonprofit Corporation22
Law, or the issuance by the secretary of state of a certificate of organization of23
a Louisiana limited liability company formed pursuant to the Louisiana Limited24
Liability Company Law, or the qualification of a foreign corporation or foreign25
limited liability company in the state of Louisiana which practices or offers to26
practice geoscience in the state of Louisiana, said firm shall file an application27
for licensure with the board on a form provided by the board.28
C. Within sixty days after the firm files with the board the application29 SB NO. 788
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required above, the board, in the event the firm is otherwise in compliance with1
the provisions of this Chapter and the rules and regulations issued by the board2
governing firms, shall issue a license. Any firm having been so licensed by the3
board shall have the authority to contract to deliver such geoscientific services,4
and therefore shall be subject to disciplinary action as provided in this Chapter.5
§711.9. Receipts and disbursements6
A. The treasurer or the executive secretary of the board, or any other7
person or persons authorized by the board, shall receive, disburse, and account8
for all monies paid to or received by the board. He shall institute a system of9
books and financial records satisfactory to the legislative auditor, who shall10
audit them annually. The treasurer shall open an account in a bank designated11
by the board as its official depository in the city wherein the board is domiciled.12
All checks disbursing funds of the board must be signed by any two of the13
following persons: the executive secretary, the deputy executive secretary, the14
treasurer, or any member of the board as directed by the board. All15
disbursements of funds shall be approved by the board. All funds of the board16
shall be deposited within seventy-two hours after receipt.17
B. The board may employ such investigators, clerical, or other assistants18
as are necessary for the proper performance of its work, and may make19
expenditures from its funds for any purpose which, in the opinion of the board,20
is reasonably necessary for the proper performance of its duties under this21
Chapter, including the expenses of the board's delegates to conventions and22
meetings of, and any applicable membership dues. The board may, if it deems23
necessary, or upon advice of the attorney general, hire counsel and investigators24
and pay traveling expenses thereof for the investigation and prosecution of any25
disciplinary or enforcement proceeding under this Chapter.26
C. The board may, at its discretion, pay any witness subpoenaed to27
appear before the board an amount set by the board, but not to exceed one28
hundred dollars per diem, when actually in attendance, including time spent in29 SB NO. 788
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traveling, not to exceed one day to and one day from the location of the board1
meeting, and in addition, the board may reimburse any witness for actual2
traveling expenses when furnished with proof of such expenses, including hotel3
when a witness resides in a parish other than the one in which the board is4
meeting.5
D. Under no circumstances shall the total amount of warrants issued by6
the board in payment of the expenses and compensation provided for in this7
Chapter exceed the amount of the income, funds, and fees collected by the8
board.9
E. All funds derived from fines as provided by this Chapter shall be10
deposited in the state general fund.11
§711.10. Records and reports12
A.(1) The board shall keep a record of its proceedings and a file of all13
applications, which file shall show:14
(a) The name, age, and residence of each applicant.15
(b) The date of the application.16
(c) The place of business of such applicant.17
(d) Educational and other qualifications of the applicant.18
(e) Whether or not an examination was required.19
(f) Whether the applicant was rejected.20
(g) Whether a license or certification was granted.21
(h) The date of the action of the board.22
(i) Such other information which may be deemed necessary by the board.23
(2) The records of the board shall be prima facie evidence of the24
proceedings of the board set forth therein, and a transcript thereof, duly25
certified by the secretary of the board, under seal, shall be admissible in26
evidence with the same force and effect as if the original were produced.27
B. All records maintained by the board in connection with disciplinary28
and enforcement proceedings and actions or its administration of examinations,29 SB NO. 788
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including examinations, answer sheets, solutions, and grade sheets, together1
with all the background information involving personnel and employer2
references shall be deemed confidential and as such, exempt from the provisions3
of Chapter 1, Title 44 of the Louisiana Revised Statutes of 1950; however, any4
applicant shall have the right to examine other documents relating and5
pertaining to any action taken by the board with regard to such applicant, but6
only to the extent that those documents are in the actual possession of the board.7
Notwithstanding any provision of law to the contrary, the board, at its8
discretion, may publish and shall disclose any documents and information9
relating and pertaining to disciplinary and enforcement proceedings and actions10
once the board has rendered a final decision or order.11
§711.11. Rosters and lists12
A. A roster showing the names and addresses of all professional13
geoscientists and the geoscience discipline under which each professional14
geoscientist has been listed, the names and addresses of all geoscientists-in-15
training may be published at the discretion of the board. A roster for firms may16
be published at the discretion of the board.17
B. The board shall maintain a list of each state or foreign country in18
which the requirements and qualifications for licensure or registration are19
comparable to those established in this state and with which a reciprocity20
agreement exists.21
§711.12. License required, exemptions22
A. Unless exempted by this Chapter, a person shall not engage in the23
practice of geoscience unless the person holds a license issued under this24
Chapter.25
B. Unless the person is licensed under this Chapter, he shall not engage26
in any of the following activities:27 SB NO. 788
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(1) Use the term "Licensed Professional Geoscientist", "Licensed1
Geoscientist", "Professional Geoscientist", or the initials "P.G." as part of a2
professional, business, or commercial identification or title.3
(2) Otherwise represent to the public that the person is qualified to4
practice as a geoscientist or engage in the practice of geoscience.5
C. A person shall not take responsible charge of a geoscientific report or6
a geoscientific portion of a report required by municipal or parish ordinance,7
state or federal law, state agency rule, or federal regulation that incorporates8
or is based on a geoscientific study or geoscientific data unless the person is9
licensed under this Chapter.10
D. The following activities do not require a license under this Chapter:11
(1) Geoscientific work performed by an employee or a subordinate of a12
license holder under this Chapter if the work does not include the responsible13
charge of geoscientific work and is performed under the direct supervision of14
a licensed geoscientist who is responsible for the work.15
(2) Geoscientific work performed by an officer or employee of the United16
States practicing solely as such an officer or employee.17
(3) Geoscientific work performed exclusively in exploring for and18
developing oil, gas, or other energy resources, base metals, or precious or19
nonprecious minerals, including sand, gravel, or aggregate, if the work is done20
in and for the benefit of private industry.21
(4) Geoscientific research conducted through an academic institution,22
local, state, or federal governmental agency, nonprofit research institution, or23
for-profit organization, including submission of a report on the research to a24
public agency.25
(5) Teaching geoscience or a related physical or natural science.26
(6) Work customarily performed by a cartographer, technician, or27
physical or natural scientist, including a geologist, geophysicist, soil scientist,28 SB NO. 788
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chemist, archaeologist, geographer, or oceanographer, if the work does not1
include the practice of geoscience.2
(7) Work performed by an archaeologist, geoscientist, or other person3
conducting a stratigraphic or historical geological investigation for4
archaeological purposes.5
(8) Testifying or preparing and presenting an exhibit or document for6
the sole purpose of being placed in evidence before an administrative or judicial7
tribunal or hearing if the testimony, exhibit, or document does not imply that8
the person is licensed under this Chapter.9
(9) The evaluation by a state agency or by a hearing examiner of an10
exhibit or document offered or placed in evidence before an administrative11
tribunal.12
§711.13. Application for licensure or certification; fees13
A.(1) Application for licensure as a professional geoscientist shall be on14
forms prescribed and furnished by the board, shall show the applicant's15
education and a detailed summary of his technical work, and shall contain such16
references prescribed by the board.17
(2) Application for certification as a geoscientist-in-training shall be on18
forms prescribed and furnished by the board, shall show the applicant's19
education and a detailed summary of his technical work, if any, and shall20
contain such references prescribed by the board.21
(3) Application for licensure by a firm shall be in accordance with this22
Chapter and rules and regulations of the board.23
(4) All applications shall include a statement affirming that the24
information contained on the application is true and correct to the best of the25
applicant's knowledge, information, and belief. Electronic signatures are26
acceptable, if properly encrypted.27
B.(1) The application fee for professional geoscientists, geoscientists-in-28
training, and firms shall be established at the discretion of the board, but shall29 SB NO. 788
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not exceed two hundred dollars, and said fee shall accompany the application.1
The board may not increase the application fee by more than thirty dollars in2
any three-year period.3
(2) If the board denies the issuance of a license or certificate to any4
applicant, the application fee shall be retained by the board. An unsuccessful5
applicant shall pay the prescribed fee for each subsequent application.6
§711.14. Examinations7
A. The board may prepare, administer, and grade oral and written8
examinations required or permitted under this Chapter.9
B. The board may adopt or recognize, in whole or in part, an10
examination prepared, administered, or graded by another organization, on a11
regional or national basis, that the board determines appropriate to measure12
the qualifications of an applicant for a license under this Chapter under the13
following circumstances:14
(1) The examination questions, the correct answers, and the applicant's15
completed examination are available to the board.16
(2) The board retains the authority to determine a passing grade for a17
license in this state.18
§711.15. License eligibility19
A. To be eligible for a license under this Chapter, an applicant shall meet20
the following minimum qualifications.21
(1) The applicant must be of good moral and ethical character as attested22
to by letters of reference submitted in behalf of the applicant or as otherwise23
determined by the board.24
(2) The applicant shall have either:25
(a) Graduated from a course of study in a discipline of geoscience26
satisfactory to the board that consists of at least four years of study and includes27
at least thirty semester hours or forty-five quarter hours of credit in geoscience,28 SB NO. 788
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of which at least twenty semester hours or thirty quarter hours of credit must1
be in upper-level college courses in that discipline; or2
(b) Satisfactorily completed other equivalent educational requirements3
as determined by the board.4
(3) The applicant shall have a documented record of at least five years5
of qualifying work experience, as provided by this Chapter, that demonstrates6
that the applicant is qualified to assume responsible charge of geoscientific7
work.8
(4) The applicant must pass an examination required by the board9
covering the fundamentals and practice of the appropriate discipline of10
geoscience.11
B. The board may accept qualifying work experience in lieu of the12
education required by Subsection A of this Section.13
§711.16. Qualifying work experience14
A. The board shall apply the following standards in evaluating the work15
experience of an applicant for a license under this Chapter.16
(1) Each year of work experience acceptable to the board constitutes one17
year of qualifying work experience if the experience was acquired under the18
direct supervision of any of the following:19
(a) A geoscientist who is licensed in this state or in another state under20
requirements for licensure or registration that are comparable to those in this21
Chapter.22
(b) A geoscientist who meets the educational and work experience23
requirements for licensure but is not required to be licensed under this Chapter.24
(c) Another professional acceptable to the board.25
(2) Each year of work experience acceptable to the board and acquired26
before September 1, 2010, constitutes one year of qualifying work experience if27
the experience either:28
(a) Was acquired under the direct supervision of either:29 SB NO. 788
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(i) A geoscientist who meets the educational and work experience1
requirements for a license under this Chapter.2
(ii) A geoscientist who is licensed or registered under comparable3
requirements in another state.4
(iii) Another professional acceptable to the board.5
(b) Would constitute the responsible charge of professional geoscientific6
work as determined by the board.7
(3) Each year of full-time graduate study in a discipline of geoscience8
that is acceptable to the board constitutes one year of qualifying work9
experience. However, the board may not accept more than two years of full-10
time graduate study in a discipline of geoscience as qualifying work experience.11
B. The board may accept research in or the teaching of a discipline of12
geoscience at the college or university level as qualifying work experience if the13
research or teaching, in the judgment of the board, is comparable to work14
experience obtained in the practice of geoscience.15
§711.17. Reciprocal license16
A. The board by rule, adopted in accordance with the Administrative17
Procedure Act, may authorize the licensing of a person who has not met the18
examination requirement of this Chapter, if the person is licensed or registered19
to practice a discipline of geoscience under the law of another state or a foreign20
country.21
B. The board may issue a license to an applicant who provides proof of22
licensure or registration under requirements that the board determines to be23
substantially similar to those established by this Chapter and who pays the24
required fees.25
§711.18. Temporary license26
A. The board may issue a temporary license to a person who satisfies27
either of the following:28 SB NO. 788
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(1) The applicant is not a resident of this state and does not have an1
established place of business in this state but seeks to engage in the practice of2
geoscience in this state for a temporary period.3
(2) The applicant applies for a reciprocal license and seeks to engage in4
the practice of geoscience pending a determination on the application for the5
reciprocal license.6
B. An applicant for a temporary license must satisfy all of the following7
requirements:8
(1) The applicant must apply to the board for a temporary license,9
provide proof of licensure or registration in another state or a foreign country10
and pay the required fees.11
(2) The applicant must agree to comply with the signature requirements12
of this Chapter and to affix the person's seal from the jurisdiction in which the13
person is licensed or registered on all work completed while practicing under14
the temporary license.15
(3) The applicant must file the required information and reports and16
comply with other requirements established by the board concerning the17
person's temporary practice.18
C. (1) A temporary license issued under Paragraph (1) of Subsection (A)19
of this Section expires on the ninetieth day after the date of issuance.20
(2) A temporary license issued under Paragraph (2) of Subsection (A) of21
this Section expires on the date the reciprocal license is issued or denied.22
§711.19. Issuance of license23
A. The board shall issue a license to an applicant who meets the24
requirements of this Chapter on payment of the applicable license fee.25
B. The license shall include all of the following:26
(1) The full name of the license holder.27
(2) A serial number.28
(3) The license holder's discipline of geoscience.29 SB NO. 788
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(4) A signature of an appropriate officer of the board under the board's1
seal.2
C. The issuance by the board of a license is prima facie evidence that3
during the term of the license the license holder is entitled to all the rights and4
privileges of a licensed geoscientist.5
D. A licensed geoscientist may engage in the practice of any discipline of6
geoscience regardless of the discipline of geoscience stated on the person's7
license.8
§711.20. Expiration and renewals9
A. Licensure and certification shall expire at a time specified by the10
board and shall become invalid after that date unless renewed. It shall be the11
duty of the executive secretary of the board to notify by letter to his last known12
address each licensee and certificate holder of the date of the expiration of the13
license or certificate and the amount of the fee that shall be required for its14
renewal. The notice shall be mailed at least one month in advance of the15
expiration of such license or certificate. Renewal of licensure as a professional16
geoscientist, or firm, or geoscientist-in-training may be effected at any time17
during the two months prior to expiration by the payment of a fee not to exceed18
one hundred dollars per year, at the discretion of the board.19
B. Any person who renews his license or certificate within one hundred20
twenty days of the expiration of such license or certificate shall not be deprived21
of the right of renewal.22
C. The maximum fee for late renewal shall be established by the board,23
provided that said renewal fee shall not exceed three times the normal renewal24
fee. The board shall not increase the biennial renewal fee by more than twenty25
dollars in any one-year period.26
§711.21. Continuing professional development for professional geoscientists27
Professional geoscientists may, by rule of the board, adopted in28
accordance with the Administrative Procedure Act, be required to earn29 SB NO. 788
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annually up to fifteen hours of board-approved continuing professional1
development.2
$711.22. Seal3
A. Upon issuance of a license, the license holder shall obtain a seal of a4
design established by the board bearing:5
(1) The license holder's name.6
(2) The license number.7
(3) The words "Licensed geoscientist" or "Professional Geoscientist".8
(4) The license holder's discipline of geoscience.9
B. A geoscientific report, document, or other record, as defined by the10
board, that is offered to the public and prepared or issued by or under the11
supervision of a licensed geoscientist must, in accordance with rules adopted by12
the board, include the full name, signature, and license number of the license13
holder who prepared the report, document, or other record or under whose14
supervision it was prepared and bear an impression of the license holder's seal.15
§711.23. Disciplinary proceedings against licensees and certificate holders;16
procedure17
A. The board shall have the power to take disciplinary action against any18
licensee or certificate holder found by the board to be guilty of any of the19
following acts or offenses:20
(1) Any fraud, deceit, material misstatement, or perjury or the giving of21
any false or forged evidence in applying for a license or certificate, or in taking22
any examination, or in applying for any renewal license or certificate provided23
for in this Chapter.24
(2) Any fraud, deceit, gross negligence, material misrepresentation, gross25
incompetence, or gross misconduct in the practice of geoscience.26
(3) Conviction of a felony or of any crime of moral turpitude or entry of27
a plea of guilty or nolo contendere to a felony charge or to a crime of moral28 SB NO. 788
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turpitude under the laws of the United States or any state, territory, or district1
of the United States.2
(4) Conviction of any crime or entry of a plea of guilty or nolo3
contendere to any criminal charge an element of which is fraud or which arises4
out of such person's practice of geoscience.5
(5) Conviction of any civil or criminal violation of, or entry of a plea of6
guilty or nolo contendere to any criminal charge under the Louisiana Campaign7
Finance Disclosure Act or any other campaign finance and/or practices laws of8
the state of Louisiana, the United States, or any state, territory, or district of the9
United States.10
(6) Violation of any provision of this Chapter of any rules or regulations11
adopted and promulgated by the board, in accordance with the Administrative12
Procedure Act.13
(7) The refusal of the licensing authority of another state, territory, or14
district of the United States to issue or renew a license, permit, or certificate to15
practice geoscience, or the revocation or suspension or other restriction imposed16
on a license, permit, or certificate issued by such licensing authority, on grounds17
other than nonpayment of a licensure fee, or a finding by such licensing18
authority that a person has engaged in the unlicensed practice of geoscience,19
provided that the reason for the action taken by the other licensing authority20
was recognized by the Louisiana board as a ground for disciplinary action at the21
time the action was taken.22
(8) Providing false testimony before the board.23
(9) Using a seal or stamp or engaging in any other act constituting the24
practice of geoscience, or violating any order or terms of probation imposed by25
the board, at a time when his license or certificate is suspended or revoked, or26
at a time when his license or certificate has been expired for more than ninety27
days or at a time when he is retired, or inactive status as a board licensee.28 SB NO. 788
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(10) Failure to provide, within thirty calendar days of receipt of notice1
by certified mail, information requested by the board relating to charges2
preferred by the board alleging a violation of this Chapter.3
(11) The use of any advertising or solicitation which is false or4
misleading.5
(12) Aiding or assisting another person in violating any provision of this6
Chapter or any rule or regulation adopted and promulgated by the board, in7
accordance with the Administrative Procedure Act.8
(13) Knowingly making or signing false statements, certificates, or9
affidavits in connection with the practice of geoscience.10
(14) Declaration of insanity or incompetence by a court of competent11
jurisdiction.12
(15) Presenting or attempting to use as one's own the license, certificate,13
seal, or stamp of another person.14
(16) Using or attempting to use an expired, inactive, retired, or revoked15
license or certificate.16
(17) Falsely impersonating any other licensee or certificate holder of like17
or different name.18
(18) Practicing or offering to practice geoscience when not qualified.19
(19) Violation of or noncompliance with any order, ruling, or decision of20
the board.21
B. For purposes of this Chapter, the term "disciplinary action" shall22
include but not be limited to reprimand, probation, suspension, revocation of23
license or certificate, refusal to renew license or certificate, or fine in an amount24
not to exceed five thousand dollars per violation.25
C. The board shall have the power to take disciplinary action against a26
firm if one or more of its officers, directors, managers, employees, agents, or27
representatives is found by the board to be guilty of any of the acts or offenses28
listed in Subsection A of this Section.29 SB NO. 788
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D. Charges may be preferred against any licensee or certificate holder1
in the following manner:2
(1) The board, on its own initiative and by a majority vote of its entire3
membership authorized to participate in a proceeding, may prefer charges4
against any licensee or certificate holder who commits or engages in any of the5
acts or offenses listed in Subsection A of this Section.6
(2) The board, on receipt of a complaint from any person and by7
majority vote of the board's entire membership authorized to participate in a8
proceeding, may prefer charges against any licensee or certificate holder who9
commits or engages in any of the acts or offenses listed in Subsection A of this10
Section. Such complaint shall be in writing, shall be sworn to by the person or11
persons making the complaint and shall be filed with the board.12
E. Within twenty days of the board's preferral of charges, the board13
shall mail a copy of said charges to the last known address of the licensee or14
certificate holder so charged.15
F. In the event the board determines after investigation that charges so16
preferred are completely unfounded, more appropriately resolved outside the17
formal disciplinary proceedings, or not within the jurisdiction of the board, the18
board shall so advise the charged party, in writing, of its determination.19
Otherwise, all charges shall be heard by the board or a hearing committee20
designated by the board within twelve months after the date on which they shall21
have been preferred. This twelve-month period may be extended with the22
consent of both the board and the charged party.23
G. The date, time, and place for said hearing shall be fixed by the board24
or the hearing committee and a copy of the charges, together with a notice of the25
date, time, and place of the hearing, shall be personally served on or mailed to26
the last known address of the charged party, at least thirty days before the date27
fixed for hearing. At any hearing, the charged party shall have the right to28
appear in person, or by counsel, or both, to cross-examine witnesses in his29 SB NO. 788
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defense, and to produce evidence, and witnesses in his defense. If the charged1
party fails or refuses to appear at the hearing, the board or the hearing2
committee may proceed to hear and determine the validity of the charges.3
H. If, after such hearing, a majority of the entire board membership4
authorized to participate in the proceeding vote in favor of sustaining the5
charges, the board may take disciplinary action against the charged party. Any6
charges found by the board after a hearing to be unfounded shall be published7
in the official journal of the board, if requested in writing by the charged party.8
I. A charged party aggrieved by any disciplinary action taken by the9
board may appeal therefrom, pursuant to the provisions of the Administrative10
Procedure Act.11
J. In addition to any other action, the board may assess all reasonable12
costs incurred in connection with a disciplinary proceeding, including13
investigators', stenographers', and attorney fees in conjunction with any other14
disciplinary action taken. The assessment of costs may be considered15
disciplinary action.16
K. All disciplinary actions taken shall be published in the official journal17
of the board and may be released to other professional organizations relating18
to geoscience, or to the news media.19
L. The board may make informal disposition by consent order,20
agreement, settlement, or default of any disciplinary proceeding pending before21
it. Each such informal disposition shall have no force or effect unless ratified by22
the board at its next regular meeting. Consent orders may be considered23
disciplinary actions.24
M. The board may establish a complaint review committee to investigate,25
mediate, or initiate disciplinary or legal proceedings on behalf of the board with26
respect to charges preferred or information received by the board alleging that27
a licensee or certificate holder committed or engaged in any of the acts or28 SB NO. 788
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offenses listed in Subsection A of this Section. The complaint review committee1
shall consist of at least one member of the board.2
N. The board, for reasons it may deem sufficient, may reissue or3
reinstate a license or certificate to any person whose license or certificate has4
been revoked, if a majority of the entire board membership authorized to5
participate in the proceeding vote in favor of such reissuance or reinstatement.6
§711.24. Enforcement proceedings against other persons; procedure7
A. The board shall have the power to take enforcement action against8
any non-licensee or non-certificate holder found by the board to have9
committed any of the following acts or offenses:10
(1) Practicing or offering to practice geoscience in the state of Louisiana11
without being licensed in accordance with the provisions of this Chapter.12
(2) Presenting or attempting to use as one's own, the license, certificate,13
seal, or stamp of another person.14
(3) Any fraud, deceit, material misstatement, or perjury or the giving of15
any false or forged evidence in applying for a license or certificate, or in taking16
any examination.17
(4) Falsely impersonating any licensee or certificate holder of like or18
different name.19
(5) Using or attempting to use an expired, inactive, retired, or revoked20
license or certificate.21
(6) Using or attempting to use a seal or stamp which is deceptively22
similar to the seals or stamps authorized by the board for use by its licensees.23
(7) Falsely claiming that a person is licensed under this Chapter.24
(8) Violation of any provisions of this Chapter or any rules or regulations25
adopted and promulgated by the board.26
(9) Violation of or noncompliance with any order, ruling, or decision of27
the board.28 SB NO. 788
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B. For purposes of this Chapter, the term "enforcement action" shall1
include but not be limited to a fine in an amount not to exceed five thousand2
dollars per violation.3
C. The board shall have the power to take enforcement action against a4
firm if one or more of its officers, directors, managers, employees, agents, or5
representatives is found by the board to be guilty of any of the acts or offenses6
listed in Subsection A of this Section.7
D. Charges may be preferred against any non-licensee or non-certificate8
holder in the following manner:9
(1) The board, on its own initiative and by a majority vote of its entire10
membership authorized to participate in a proceeding, may prefer charges11
against any non-licensee or non-certificate holder who commits or engages in12
any of the acts or offenses listed in Subsection A of this Section.13
(2) The board, on receipt of a complaint from any person and by14
majority vote of the board's entire membership authorized to participate in a15
proceeding, may prefer charges against any non-licensee or non-certificate16
holder who commits or engages in any of the acts or offenses listed in Subsection17
A of this Section. Such complaint shall be in writing, shall be sworn to by the18
person or persons making the complaint, and shall be filed with the board.19
E. Within twenty days of the board's preferral of charges, the board20
shall mail a copy of said charges to the last known address of the non-licensee21
or non-certificate holder so charged.22
F. In the event the board determines after investigation that the charges23
so preferred are completely unfounded, more appropriately resolved outside the24
formal enforcement proceedings, or not within the jurisdiction of the board, the25
board shall so advise the charged party, in writing, of its determination.26
Otherwise, all charges shall be heard by the board or a hearing committee27
designated by the board within twelve months after the date on which they shall28 SB NO. 788
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have been preferred. This twelve-month period may be extended with the1
consent of both the board and the charged party.2
G. The date, time, and place for said hearing shall be fixed by the board3
or the hearing committee and a copy of the charges, together with a notice of the4
date, time, and place of the hearing, shall be personally served on or mailed to5
the last known address of the charged party, at least thirty days before the date6
fixed for hearing. At any hearing, the charged party shall have the right to7
appear in person, or by counsel, or both, to cross-examine witnesses in his8
defense, and to produce evidence and witnesses in his defense. If the charged9
party fails or refuses to appear at the hearing, the board or the hearing10
committee may proceed to hear and determine the validity of the charges.11
H. If, after such hearing, a majority of the entire board membership12
authorized to participate in the proceeding vote in favor of sustaining the13
charges, the board may take enforcement action against the charged party. Any14
charges found by the board after a hearing to be unfounded shall be published15
in the official journal of the board, if requested in writing by the charged party.16
I. A charged party aggrieved by any enforcement action taken by the17
board may appeal therefrom, pursuant to the provisions of the Administrative18
Procedure Act.19
J. In addition to any other action, the board may assess all reasonable20
costs incurred in connection with an enforcement proceeding, including21
investigators', stenographers', and attorney fees in conjunction with any other22
enforcement action taken. The assessment of costs may be considered23
enforcement action.24
K. All enforcement actions taken shall be published in the official journal25
of the board and may be released to other professional organizations relating26
to professional geoscience or to the news media.27
L. The board may make informal disposition by consent order,28
agreement, settlement, or default of any enforcement proceeding pending before29 SB NO. 788
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it. Each such informal disposition shall have no force or effect unless ratified by1
the board at its next regular meeting. Consent orders may be considered2
enforcement actions.3
M. The board may establish a complaint review committee to investigate,4
mediate, or initiate enforcement or legal proceedings on behalf of the board5
with respect to charges preferred or information received by the board alleging6
that a non-licensee or non-certificate holder committed or engaged in any of the7
acts or offenses listed in Subsection A of this Section. The complaint review8
committee shall consist of at least one member of the board.9
N. Any individual non-licensee or non-certificate holder found by a10
district court to have committed any of the acts or offenses listed in Subsection11
A of this Section shall be guilty of a misdemeanor and shall, upon conviction,12
suffer imprisonment for a period not exceeding three months. This penalty shall13
be in addition to any other enforcement action taken by the board.14
O. It shall be the duty of the attorney general, all district attorneys, and15
all duly constituted officers of the law of this state, or any political subdivision16
thereof, to enforce the provisions of this Chapter and to prosecute any persons17
violating same. The attorney general of this state, or his assistant, shall act as18
legal advisor to the board if the board requests such and render such legal19
assistance as may be deemed necessary by the board in carrying out the20
provisions of this Chapter, provided that this shall not relieve the local21
prosecuting officers of any of their duties under the law as such.22
P. Alternatively, following an investigation of any charges preferred or23
information received by the board alleging that a non-licensee or non-certificate24
holder committed or engaged in any of the acts or offenses listed in Subsection25
A of this Section, and dependent upon the result of such investigation, the board26
may present its findings to the district attorney in whose district such act or27
offense has occurred, and shall aid in the prosecution of the violator; or the28
board may, if it deems necessary, prosecute any violator directly and in its own29 SB NO. 788
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name, in any district court of this state for such act or offense. Such action may1
be instituted by any member, attorney, employee, or agent of the board.2
Section 2. R.S. 44:4.1(B)(21) is hereby amended and reenacted to read as follows:3
§4.1. Exceptions4
* * *5
B. The legislature further recognizes that there exist exceptions, exemptions,6
and limitations to the laws pertaining to public records throughout the revised7
statutes and codes of this state. Therefore, the following exceptions, exemptions, and8
limitations are hereby continued in effect by incorporation into this Chapter by9
citation:10
* * *11
(21) R.S. 37:74, 86, 90, 147, 691, 711.10, 763, 763.1, 781, 920.1, 969.1,12
1277, 1278, 1285, 1326, 1518, 1745.15, 1747, 1806, 2156.1, 2406, 2505.1, 3481,13
3507.114
* * *15
Section 3. This Act shall become effective on January 1, 201116
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Alan Miller.
DIGEST
Proposed law enacts the Louisiana Professional Geoscience Practice Act.
Effective January 1, 2011.
(Amends R.S. 44:4.1(B)(2); adds R.S. 37:711.1 - 711.24)