Current through Register 2024 Notice Reg. No. 12, March 22, 2024
For violations of Business and Professions Code section
7860
which result in an order issued in accordance with Chapters 4.5 and 5 of Part 1
of Division 3 of Title 2 of the Government Code against a professional
geologist and/or a professional geophysicist license, the following provisions
shall apply to disciplinary orders contained in decisions of the Board:
(a) The minimum disciplinary order shall be
reproval. The maximum disciplinary order shall be revocation of the
license.
(b) If warranted by
extenuating and/or mitigating factors in the matter, the disciplinary order may
be stayed by an express condition that the respondent comply with probationary
conditions. The minimum time period in which the respondent shall have to
comply with the conditions shall be two years. For purposes of this section,
this time period shall be known as the "period of probation."
(c) All decisions containing stayed
disciplinary orders as described in subdivision (b) shall include the following
probationary conditions:
(1) The respondent
shall obey all laws and regulations related to the practices of professional
geology and geophysics.
(2) The
respondent shall submit such special reports as the Board may
require.
(3) The period of
probation shall be tolled during the time the respondent is practicing
exclusively outside the state of California. If, during the period of
probation, the respondent practices exclusively outside the state of
California, the respondent shall immediately notify the Board in
writing.
(4) If the respondent
violates the probationary conditions in any respect, the Board, after giving
the respondent notice and the opportunity to be heard, may vacate the stay and
reinstate the disciplinary order which was stayed. If, during the period of
probation, an accusation or petition to vacate stay is filed against the
respondent, or if the matter has been submitted to the Office of the Attorney
General for the filing of such, the Board shall have continuing jurisdiction
until all matters are final, and the period of probation shall be extended
until all matters are final.
(5)
Upon successful completion of all of the probationary conditions and the
expiration of the period of probation, the respondent's license shall be
unconditionally restored.
(d) All decisions containing stayed
disciplinary orders as described in subdivision (b) may include one or more of
the following probationary conditions:
(1) The
respondent's license shall be suspended for a period not to exceed two years.
If a suspension of the license is ordered, it shall begin on the effective date
of the decision.
(2) The respondent
shall successfully complete and pass a course in professional ethics, approved
in advance by the Board or its designee. The probationary condition shall
include a time period in which this course shall be successfully completed
which time period shall be at least 60 days less than the time period ordered
for the period of probation.
(3)
Within 30 days of the effective date of the decision, the respondent shall
provide the Board with evidence that he or she has provided all persons or
entities with whom he or she has a contractual or employment relationship such
that the relationship is in the area of practice of professional geology and/or
professional geophysics in which the violation occurred with a copy of the
decision and order of the Board and shall provide the Board with the name and
business address of each person or entity required to be so notified. During
the period of probation, the respondent may be required to provide the same
notification to each new person or entity with whom he or she has a contractual
or employment relationship such that the relationship is in the area of
practice of professional geology and/or professional geophysics in which the
violation occurred and shall report to the Board the name and address of each
person or entity so notified.
(4)
The respondent shall provide verifiable proof to the Board that restitution has
been paid as ordered. The probationary condition shall include a time period in
which the verifiable proof shall be provided to the Board which time period
shall be at least 60 days less than the time period ordered for the period of
probation.
(e) In
addition to the conditions as may be ordered pursuant to subdivisions (c)
and/or (d), the following conditions shall be included for the following
specific violations:
(1) Incompetency in the
practice of professional geology and/or professional geophysics:
(A) The respondent shall successfully
complete and pass, with a grade of "C" or better, a minimum of one and a
maximum of three college-level courses, approved in advance by the Board or its
designee. Such courses shall be specifically related to the area of violation.
For purposes of this subdivision, "college-level course" shall mean a course
offered by a community college or a four-year university of three semester
units or the equivalent; "college-level course" does not include seminars. The
probationary condition shall include a time period in which the course(s) shall
be successfully completed which time period shall be at least 60 days less than
the time period ordered for the period of probation.
(B) The respondent shall take and achieve the
passing score for the Professional Geologist or Professional Geophysicist
examination, provided that in the event the respondent holds multiple licenses,
the Board shall select the examination in the area of practice of professional
geology and/or professional geophysics in which the violation occurred and in
the area of professional geology and/or professional geophysics in which the
respondent is licensed. The Board or its designee may select the specific
examination questions such that the questions relate to the specific area of
violation and comprise an examination of the same duration as that required of
an applicant for licensure. The respondent shall be required to pay the
application and examination fees as described in Section
3005. The probationary condition
shall include a time period in which the examination(s) shall be successfully
completed which time period shall be at least 60 days less than the time period
ordered for the period of probation.
(C) During the period of probation, the
respondent may practice professional geology and/or professional geophysics
only under the review of a professional geologist and/or professional
geophysicist licensed in the same branch as the respondent. This person or
persons shall be approved in advance by the Board or its designee. Such
reviewing professional geologist and/or professional geophysicist shall initial
every stamped or sealed document in close proximity to the respondent's stamp
or seal.
(2) Negligence
in the practice of professional geology and/or professional geophysics:
(A) The respondent shall successfully
complete and pass, with a grade of "C" or better, a minimum of one and a
maximum of three college-level courses, approved in advance by the Board or its
designee. Such courses shall be specifically related to the area of violation.
For purposes of this subdivision, "college-level course" shall mean a course
offered by a community college or a four-year university of three semester
units or the equivalent; "college-level course" does not include seminars. The
probationary condition shall include a time period in which the course(s) shall
be successfully completed which time period shall be at least 60 days less than
the time period ordered for the period of probation.
(3) Violation and/or breach of contract in
the practice of professional geology and/or professional geophysics:
(A) The respondent shall successfully
complete and pass, with a grade of "C" or better, a minimum of one and a
maximum of three college-level courses, approved in advance by the Board or its
designee. Such courses shall be specifically related to the area of violation.
For purposes of this subdivision, "college-level course" shall mean a course
offered by a community college or a four-year university of three semester
units or the equivalent; "college-level course" does not include seminars. The
probationary condition shall include a time period in which the course(s) shall
be successfully completed which time period shall be at least 60 days less than
the time period ordered for the period of probation.
In addition to the disciplinary orders described in this
section, all decisions shall address recovery of the Board's investigation and
enforcement costs, as described in and authorized by Business and Professions
Code section
125.3.
Notwithstanding this section, non-conforming terms and
conditions may be included as part of the disciplinary order, including such
other further or lesser action as the Board deems appropriate, in the interest
of protecting the public health, safety, and
welfare.
1. New section
filed 6-27-97; operative 6-27-97 pursuant to Government Code section
11343.4(d)
(Register 97, No. 26).
2. Amendment filed 5-18-99; operative 6-17-99
(Register 99, No. 21).
3. Amendment of section heading, repealer and
new section and amendment of NOTE filed 6-16-2014; operative 10-1-2014
(Register 2014, No. 25).
Note: Authority cited: Section
7818,
Business and Professions Code; and Section
11400.20,
Government Code. Reference: Sections
125.3,
494,
7860,
7861,
7863
and
7872,
Business and Professions Code; and Sections
11400.20,
11415.60,
11425.50
and
11519,
Government Code.
