Current through Register Vol. 49, No. 9, September, 2024
FINAL RULE
AGENCY NO. 188
Act 460 of 1975 of the State of Arkansas establishes the
profession of Soil Classifying and provides for the regulation of the
profession by this Board. Act 460 outlines the activities and procedures of
this Board. However, the act allows the Board latitude in certain areas and
requires rules of application in other areas. The following are the rules of
the Board adopted pursuant to Act 460.
I. APPLICATION FOR REGISTRATION:
Application for registration as Soil Classifier or
certification as a Soil Classifier-in-Training shall be made on a form provided
by the Board. The applicant shall answer all questions on the form. Among other
things, the applicant shall provide the Board with the following:
References: Applicants for Soil Classifier shall provide five
references, three of whom shall be Professional Soil Classifiers and two shall
be character references. Applicants for Soil Classifier-in-Training shall
provide three character references.
Transcripts: Applicants shall provide the Board with certified
transcripts for all college or university courses they have attempted.
Experience: Applicants are to provide the Board with a
descriptive record of their present and past employment. Applicants holding
valid Soil Classifier-In-Training certificates are to provide the Board with
detailed records of work experience in soil classification including examples
of work and name(s) of Professional Soil Classifiers worked under (as per
Section III, paragraph 2). Applicants are also to provide the Board with any
other information that relates to their competence as a Soil Classifier or Soil
Classifier-in-Training such as reports published, professional organizations,
etc.
The Board, at its discretion, may ask for additional
information, or ask the applicant to appear before the Board. The Board may,
with sufficient reason, waive any requirement not specifically made by the
Act.
II. EDUCATI ONAL
REQUIREMENTS:
An approved soils curriculum shall consist of at least:
(1) a full four-year course of study leading
to a Bachelor of Science (or equivalent) or higher degree from an accredited
college or university with a major in a pertinent field of agricultural or
physical science, and
(2) 30
semester hours or equivalent in biological, physical and earth sciences with a
minimum of 15 semester hours in soil science. Soil science hours shall include
at least one course in soil classification and genesis with field instruction
in site evaluation and writing soil descriptions. The 15 semester hours in soil
science shall be acceptable toward a major in soil science at the institution
offering these courses or at another accredited institution in the event the
offering institution does not grant a major in soil science.
An unapproved soils curriculum shall consist of at
least:
(1) a full four-year course of
study leading to a Bachelor of Science (or equivalent) or higher degree from an
accredited college or university with a major in a pertinent field of
agricultural or physical science, and
(2) 30 semester honors or equivalent in
biological, physical and earth sciences with a minimum of 15 semester hours in
soil science, without a course in soil classification
and genesis. The 15 semester hours in soil science shall be acceptable toward a
major in soil science at the institution offering these courses or at another
accredited institution in the event the offering institution does not grant a
major in soil science.
II
I. EXPERIENCE REQUIREMENTS:
Applicants for Soil Classifier-in-Training who have completed
an approved soils curriculum are not required to have experience. Applicants
for Soil Classifier-in-Training who have completed an unapproved soils
curriculum are required to have one year of soil survey field mapping
experience in the National Cooperative Soil Survey Program, or one year of soil
survey field mapping, site evaluation and description writing experience under
the supervision of a registered Professional Soil Classifier as defined in the
following paragraph. The definition of supervision for the purposes of these
Rules shall mean direct on-site observation of and participation in all
training exercises, unless otherwise approved by the Board.
The experience requirement for registration as a Soil
Classifier for applicants holding a valid Soil Classifier-in-Training
certificate consists of one year of soil survey field mapping experience in the
National Cooperative Soil Survey Program, or one year of soil survey field
mapping, site evaluation and description writing experience under the
supervision of a registered Professional Soil Classifier and a demonstrated
ability to be independently productive. Each Soil Classifier-in-Training not
receiving his/her experience in the National Cooperative Soil Survey Program
must prepare a training plan with his/her supervisor and submit it to the Board
for approval prior to the beginning of the training period. At the end of the
training period, the supervisor must submit to the board signed documentation
to support completion of the approved training plan including, but not limited
to, training dates, training locations, and description of training. The
supervisor must also submit a signed letter to the Board stating that the
training is complete and the trainee has received sufficient experience to
apply for registration as a Soil Classifier.
The requirement for a person not holding a Soil
Classifier-in-Training certificate consists of two years of soil survey field
mapping experience in the National Cooperative Soil Survey Program and a
demonstrated ability to be independently productive.
IV. EXAMINATIONS:
All applicants for certification as a Soil
Classifier-in-Training are to pass an examination on the Fundamentals
of Soil Classification.
All applicants for registration as a Professional Soil
Classifier are to pass at some time both the examination on
Fundamentals of Soil Classification and the examination on the
Principles and Practice of Soil Classifying. The applicant may
take both examinations on the same date if he/she meets the other requirements.
In the event an applicant taking both examinations on the same date fails the
examination on the Fundamentals of Soil Classification, the
applicant's examination on the Principles and Practice of Soil
Classifying shall not be graded and shall be considered void, i.e.
neither passed nor failed.
Examinations on the Fundamentals of Soil
Classification and on the Principles and Practice of Soil
Classifying shall be held on dates and at locations designated by the
board. Each applicant shall be notified in writing at least 20 days in advance
as to the date and location of the appropriate examination. Examinations shall
be prepared and administered by persons designated by the Board. Applicants are
required to score a minimum of seventy five percent (75%) to successfully pass
an examination.
Examinations on the Fundamentals of Soil
Classification and on the Principles and Practices of Soil
Classifying will be written examinations. In addition, the Board may
require, at its discretion, a field examination as part of the examination on
the Principles and Practice of Soil Classifying.
Field examinations shall.be held on dates and at locations
designated by the board. Each applicant shall be notified in writing at least
20 days in advance as to the date and location of the examination. The field
examination shall consist of three parts:
(1) a field mapping exercise;
(2) writing a complete, detailed soil profile
description and
(3) making on-site
interpretations for specific uses. Applicants are required to score a minimum
cumulative score of seventy five percent (75%) to successfully pass this
examination.
V. FEES:
Applications --$20.00
Initial Registration, Soil Classifier -- $60.00
Initial Certification, Soil Classifier-in-Training -- $50.00
(valid for four years) Reexamination -- $20.00
Registration Renewal, Soil Classifier -- $20.00 Late
Renewals:
Soil Classifier: $30.00 plus $2.00 per month for each expired
month.
Late renewals may be affected for up to 3 years. Late renewals
are effective on August 1, following the June in which the certificate
expired.
Temporary permits:
Initial -- $75.00 Renewal -- $60.00
VI. RESIDENCY CHANGES:
A Professional Soil Classifier registered in Arkansas who
becomes a resident of another domain may continue to renew his/her
certificate.
VII. ROSTER
The Secretary of the Board shall provide upon request a roster
of Professional Soil Classifiers registered by the Board.
VIII. RECIPROCITY AND TEMPORARY OR
PROVISIONAL LICENSURE
A. Reciprocity
1. Required Qualifications. An applicant
applying for reciprocal licensure shall meet the following requirements:
a. The applicant shall hold a substantially
similar license in another United States' jurisdiction or through the American
Registry of Certified Professionals in Agronomy Crops and Soils (ARCPACS).
i. A license from another state or is
substantially similar to an Arkansas Professional Soil Classifiers license or
Soil Classifier-in-Training if the other state's licensure qualifications
require educational requirements substantially similar to those found in
Section II of these rules;
ii. The
applicant shall hold his or her occupational licensure in good
standing;
iii. The applicant shall
not have had a license revoked for an act of bad faith or a violation of law,
rule, or ethics;
iv. The applicant
shall not hold a suspended or probationary license in a United States'
jurisdiction; and
b. The
applicant shall be sufficiently competent in soil classification.
2. Required documentation. An
applicant shall submit a fully-executed application, the required fee, and the
documentation described below.
a. As evidence
that the applicant's license from another jurisdiction is substantially similar
to Arkansas's, the applicant shall submit the following information:
i. Evidence of current and active licensure
in that state. The Arkansas Department of Agriculture (Department) may verify
this information online if the jurisdiction at issue provides primary source
verification on its website or by telephone to the other state's licensing
board; and
ii. Evidence that the
other state's licensure requirements match those listed in 1.a.i. The
Department may verify this information online or by telephone to the other
state's licensing board.
b. To demonstrate that the applicant meets
the requirement in 1.a.ii through iv, the applicant shall provide the Board or
its designee with:
i. The names of all states
in which the applicant is currently licensed or has been previously
licensed;
ii. Letters of good
standing or other information from each state in which the applicant is
currently or has ever been licensed showing that the applicant has not had his
license revoked for the reasons listed in 1.a.iii and does not hold a license
on suspended or probationary status as described in 1.a.iv. The Department may
verify this information online if the jurisdiction at issue provides primary
source verification on its website or by telephone to the other state's
licensing board.
c. As
evidence that the applicant is sufficiently competent in the soil
classification, an applicant shall submit letters of recommendation as required
in Section I of these rules.
d.
Transcripts from educational institutions verifying the educational
requirements.
B. Temporary and Provisional License
1. The applicant shall be issued a temporary
and provisional license immediately upon receipt of the application, the
required fee, and the documentation required under 2.a.i and ii.
2. The temporary and provisional license
shall be effective for at least 90 days, not to exceed one year, unless the
Board or its designee determines that the applicant does not meet the
requirements under A.1., in which case the temporary and provisional license
shall be immediately revoked.
3. An
applicant may provide the rest of the documentation required above in order to
receive a license, or the applicant may only provide the information necessary
for the issuance of a temporary and provisional license.
C. License for person from a state that does
not license profession.
1. Required
Qualifications. An applicant from a state that does not license professional
soil classifiers shall meet the following requirements:
a. The applicant shall be sufficiently
competent in soil classification;
b. The educational requirements in Section II
of these rules, and
c. The
experience requirements in Sections I and III of these rules.
2. Required documentation. An
applicant shall submit a fully-executed application, the required fee, and the
documentation described below.
a. As evidence
that the applicant is sufficiently competent in the field of [name], and
applicant shall:
i. Pass examinations as
required in Section IV of these rules, and
ii. Submit letters of recommendation as
required in Section I of these rules,
b. Transcripts from educational institutions
verifying the educational requirements.
IX. STANDARDS
The Board adopts the current standards of the National
Cooperative Soil Survey for the Professional Soil Classifiers practicing in
Arkansas.
X.
MILITARY
AUTOMATIC LICENSURE
A. As used in this
subsection, "returning military veteran" means a former member of the United
States Armed Forces who was discharged from active duty under circumstances
other than dishonorable.
B. The
Board shall grant automatic licensure to an individual who holds a
substantially equivalent occupational license in good standing in another
United States jurisdiction or through ARCPACS and is:
1. An active duty military service member
stationed in Arkansas;
2. A
returning military veteran applying for an occupational license within one (1)
year of his or her discharge from active duty; or
3. The spouse of a person under B.
(1) or
(2) above.
C. The Board shall grant such automatic
licensure upon receipt of all items listed below:
1. Payment of the initial license
fee
2. Evidence that the applicant
is a holder in good standing of a substantially equivalent occupational license
in another state or through ARCPACS; and
3. Evidence that the applicant is a qualified
applicant under Section B.
XI.
PRE-UCENSURE CRIMINAL BACKGROUND
CHECK AND WAIVER REQUEST
A.
Pre-licensure criminal background check:
1. Pursuant to Ark. Code Ann. §
17-3-103, an individual may petition for a pre-licensure determination of
whether the individual's criminal record will disqualify the individual from an
occupational license and whether a waiver may be obtained.
2. The individual must obtain a pre-licensure
criminal background check petition form from the Arkansas Department of
Agriculture.
3. The Board or its
designee will respond with a decision in writing to a completed petition within
a reasonable amount of time, no later than its next regularly scheduled
quarterly meeting, and will state the reason for its decision.
4. All decisions in response to the petition
will be determined by the information provided by the individual, and are not
subject to appeal.
5. A copy of the
petition and response will be retained and reviewed during the formal
application process.
B.
Waiver Request:
1. If an
individual has been convicted of an offense listed in Ark. Code Ann. §
17-3-102(a), except those permanently disqualifying offenses found in
subsection (e), the Board may waive disqualification of a potential applicant
or revocation of a license based on the conviction if a request for waiver is
made by:
a. An affected applicant for an
occupational license; or
b. An
individual holding an occupational license subject to revocation.
2. The Board may grant a waiver
upon consideration of the following, without limitation:
a. The age at which the offense was
committed;
b. The circumstances
surrounding the offense;
c. The
length of time since the offense was committed;
d. Subsequent work history since the offense
was committed;
e. Employment
references since the offense was committed;
f. Character references since the offense was
committed;
g. Relevance of the
offense to the occupational license; and
h. Other evidence demonstrating that
licensure or certification of the applicant does not pose a threat to the
health or safety of the public.
3. A request for waiver, if made by an
applicant, must be in writing and accompany the completed application and
fee.
4. The Board or its designee
will respond with a decision in writing, and will state the reason(s) for the
decision.
5. An appeal of a
determination under this section will be subject to the Administrative
Procedure Act §
25-15-201
et seq.
