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Section .0100 - Statutory And Administrative Provisions


Published: 2015

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CHAPTER 69 – BOARD FOR LICENSING OF SOIL SCIENTISTS

 

SECTION .0100 - STATUTORY AND ADMINISTRATIVE PROVISIONS

 

21 NCAC 69 .0101             AUTHORITY:  NAME AND LOCATION OF

BOARD

The "North Carolina Soil Scientist Licensing Act",

G.S. 89F, establishes and authorizes the "North Carolina Board for

Licensing of Soil Scientists," hereafter called the "Board."

Unless otherwise directed communications shall be addressed to the North

Carolina Board for Licensing of Soil Scientists at PO Box 41368, Raleigh, NC

27629-1368.

 

History Note:        Authority G.S. 89F-4; 89F-5;

Temporary Adoption Eff. May 15, 1996;

Eff. April 1, 1997;

Pursuant to G.S. 150B-21.3A, rule is necessary without

substantive public interest Eff. December 16, 2014;

Amended Eff. January 1, 2015.

21 NCAC 69 .0102             DUTIES OF

OFFICERS

The Secretary-Treasurer shall mail a copy of G.S. 89F and

the rules of this Chapter to each applicant for a license.

 

History Note:        Authority G.S. 89F-5;

Temporary Adoption Eff. May 15, 1996;

Eff. April 1, 1997;

Pursuant to G.S. 150B-21.3A, rule Expired January 1,

2015.

 

 

 

21 NCAC 69 .0103             SEAL OF THE BOARD

The official seal of the Board is the Seal of the State of

North Carolina.

 

History Note:        Authority G.S. 89F-5;

Temporary Adoption Eff. May 15, 1996;

Eff. April 1, 1997;

Pursuant to G.S. 150B-21.3A, rule is necessary without

substantive public interest Eff. December 16, 2014.

 

21 NCAC 69 .0104             FEES

Each completed application form shall be accompanied by the

prescribed fee. Application fees shall not be refunded regardless of Board

approval or disapproval of the application.  Fees for services of the Board

shall be as follows: 

(1)           application for license                                                                                        $50.00

(2)           license                                                                                                                    $85.00

(3)           renewal of license                                                                                                $85.00

(4)           restoration of license                                                                                           $110.00

(5)           replacement of license                                                                                        $50.00

(6)           licensed soil scientist seal                                                                                   $30.00

 

History Note:        Authority G.S. 55B-10; 55B-11; 89F-25;

150B-19;

Temporary Adoption Eff. May 15, 1996;

Eff. April 1, 1997;

Amended Eff. July 1, 2006;

Pursuant to G.S. 150B-21.3A, rule is necessary without

substantive public interest Eff. December 16, 2014;

Amended Eff. January 1, 2015.

 

SECTION .0200 - LICENSING OF SOIL SCIENTISTS

 

21 NCAC 69 .0201             APPLICATION PROCEDURE

(a)  All applicants for licensing shall furnish the

following:

(1)           A legible official copy of their college

transcript(s), and verification of graduation sent directly from the

institution to the Board;

(2)           A record of experience in the practice of

soil science including any of the applicant's written reports, maps, published

articles or other materials the Board determines are appropriate to document

the applicant's experience as a soil scientist;

(3)           Four references as defined in G.S.

89F-10(a)(1);

(4)           Signed copy of Code of Professional

Conduct;

(5)           A notarized copy of a completed application

form; and

(6)           The application fee as prescribed in Rule

.0104 of this Chapter.

(b)  Applicants for licensing under comity shall submit an

application form along with the prescribed fee.  The Board may require the

submittal of additional information if necessary to determine if the applicant

meets the requirements of G.S. 89F.

(c)  Applicants for reinstatement of an expired license

shall submit a reinstatement application and the prescribed fee.

(d)  Applicants for reinstatement of a revoked or suspended

license shall submit such information as necessary to determine their

eligibility for reinstatement, and shall submit the prescribed fee.

(e)  Applicants who do not meet the minimum qualification

for education as defined in G.S. 89F-10 but have a specific record of 15 years

or more experience in the practice of soil science of a grade and character

that indicates to the Board that the applicant is competent to practice soil

science shall be admitted to the written examination.  The applicant shall show

evidence of the practicing experience.  Upon passing such examination, the

applicant shall be granted a license to practice soil science in this State,

provided other requirements of G.S. 89F and the rules in this Chapter are met.

 

History Note:        Authority G.S. 89F-5; 89F-9; 89F-10;

89F-12;

Temporary Adoption Eff. May 15, 1996;

Eff. April 1, 1997;

Pursuant to G.S. 150B-21.3A, rule is necessary without

substantive public interest Eff. December 16, 2014.

 

21 NCAC 69 .0202             EXPIRATIONS AND RENEWALS OF

CERTIFICATES

(a)  The annual renewal fee of fifty dollars ($50.00) shall

be payable to the Board.  The Board shall send to each licensed soil scientist

a form that requires the registrant to provide the Board with his business and

residential address and to affix the registrant's North Carolina Licensed Soil

Scientist seal thereupon.  An applicant for renewal shall document continuing

education as provided in Section .0300 of this Chapter.  The completed forms along

with the required fee shall be forwarded to the Board.

(b)  All licenses will expire on July 1.  Licenses that have

not been renewed by September 1st may only be renewed by filing a restoration

application and submitting a restoration fee.

(c)  The Soil Scientist-in-Training certificate shall not

expire and therefore does not have to be renewed.

 

History Note:        Authority G.S. 89F-5;

Temporary Adoption Eff. May 15, 1996;

Eff. April 1, 1997;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive

public interest Eff. December 16, 2014.

 

 

SECTION .0300 - CONTINUING PROFESSIONAL COMPETENCY

 

21 NCAC 69 .0301             INTRODUCTION

Every licensee shall meet the continuing professional

education requirements of this Section as a condition for license renewal.

 

History Note:        Authority G.S. 89F-5;

Temporary Adoption Eff. May 15, 1996;

Eff. April 1, 1997

Pursuant to G.S. 150B-21.3A, rule is necessary without

substantive public interest Eff. December 16, 2014.

 

 

21 NCAC 69 .0302             DEFINITIONS

Terms used in this Section are defined as follows:

(1)           Professional Development Hour (PDH) - One contact

hour (nominal) of instruction or presentation.

(2)           College/Unit Semester/Quarter Hour - Credit

assigned by a college or university for a completed course.

(3)           Course/Activity - Any course or activity with a

purpose and objective that maintains, improves, or expands the skills and

knowledge of the licensee.

(4)           Sponsor - Organization or individual that has

supplied information on a form furnished by the Board with respect to the

organization or individual's ability to provide instruction in "for

credit" courses.

(5)           Renewal Period for Continuing Professional

Education - The period for accumulating the required PDH units shall be three

years.

 

History Note:        Authority G.S. 89F-5;

Temporary Adoption Eff. May 15, 1996;

Eff. April 1, 1997;

Pursuant to G.S. 150B-21.3A, rule is necessary without

substantive public interest Eff. December 16, 2014.

 

21 NCAC 69 .0303             REQUIREMENTS

Every licensee shall obtain 45 PDH units during each three

year period of licensing.  If a licensee exceeds the required number of units

in any triennial period, a maximum of 15 PDH units may be carried forward into

the subsequent period.  Selection of courses and activities which meet the

requirements of Rule .0302(3) of this Section shall be the responsibility of

the licensee.  Licensees have the option of selecting courses other than those

offered by sponsors.  Post evaluation of courses offered by other than sponsors

as defined in Rule .0302(4) of this Section may result in non-acceptance.  PDH

units may be earned as follows:

(1)           Completion of college courses.

(2)           Completion of continuing education courses.

(3)           Completion of correspondence, televised,

videotaped, audio taped, and other short courses/tutorials.

(4)           Presenting or attending seminars, in-house courses,

workshops, or professional or technical presentations made at meetings,

conventions or conferences.

(5)           Teaching or instructing in Items (1) through (4) of

this Rule.

(6)           Authoring published papers, articles, or books.

(7)           Active participation in professional or technical

societies as defined in Rule .0305 of this Section.

 

History Note:        Authority G.S. 89F-5;

Temporary Adoption Eff. May 15, 1996;

Eff. April 1, 1997;

Pursuant to G.S. 150B-21.3A, rule is necessary without

substantive public interest Eff. December 16, 2014.

 

 

21 NCAC 69 .0304             UNITS

The conversion of other units of credit to PDH units is as

follows:

(1)           1 College or unit semester hour 15 PDH;

(2)           1 College or unit quarter hour 10 PDH;

(3)           1 Hour of professional development in course work,

seminars, or professional or technical presentations made at meetings,

conventions or conference 1 PDH;

(4)           For teaching in Items (1) - (4) of this Rule, PDH

credits are doubled*;

(5)           Each published paper, article or book 10 PDH;

(6)           Active participation in professional and technical

society as defined in Rule .0305 of this Section.  (Each organization.) 2 PDH.

*Teaching credit is valid for teaching a course or seminar

for the first time only.

 

History Note:        Authority G.S. 89F-5;

Temporary Adoption Eff. May 15, 1996;

Eff. April 1, 1997;

Pursuant to G.S. 150B-21.3A, rule is necessary without

substantive public interest Eff. December 16, 2014.

 

21 NCAC 69 .0305             DETERMINATION OF CREDIT

The Board for Licensing of Soil Scientists shall have final

authority with respect to approval of courses, sponsors, credit, PDH value for

courses, and other methods of earning credit.  PDH credits are not earned until

the activity is completed or until the end of each year of service is

completed.  The following criteria shall be used in determining PDH credits:

(1)           Credit for college or community college courses

shall be based upon course credit established by the college.

(2)           Credit for seminars and workshops, shall be based

on one PDH unit for each hour of attendance.

(3)           Attendance at programs presented at professional

and technical society meetings shall earn PDH units for the actual time of each

program with a maximum of 15 for a given meeting.

(4)           Credit determination for published papers, articles

and books is the responsibility of the licensee with final approval by the

Board.

(5)           Credit for active participation in professional and

technical societies (limited to 2 PDH per organization), requires that a

licensee serve as an officer or member of a committee of the organization.  PDH

credits shall not be earned until the end of each year of service is

completed.  Credit is not granted for organization membership alone.

 

History Note:        Authority G.S. 89F-5;

Temporary Adoption Eff. May 15, 1996;

Eff. April 1, 1997;

Pursuant to G.S. 150B-21.3A, rule is necessary without

substantive public interest Eff. December 16, 2014.

 

21 NCAC 69 .0306             RECORDKEEPING

(a)  Each licensee shall maintain records to be used to

support credits claimed.  Records required include:

(1)           a log showing the type of activity claimed,

sponsoring organization, location, duration, instructor's or speaker's name,

and PDH credits earned;

(2)           attendance verification records in the form

of completion certificates, or other documents supporting evidence of

attendance.

(b)  These records shall be maintained for a period of three

years and copies may be requested by the Board for audit verification purposes.

 

History Note:        Authority G.S. 89F-5;

Temporary Adoption Eff. May 15, 1996;

Eff. April 1, 1997;

Pursuant to G.S. 150B-21.3A, rule is necessary without

substantive public interest Eff. December 16, 2014.

 

21 NCAC 69 .0307             EXEMPTIONS

A licensee shall be granted leniency from the continuing

professional development educational requirements for one of the following

reasons:

(1)           A licensee serving on temporary active duty in the

armed forces of the United States for a period of time exceeding 120

consecutive days in a year shall be granted a grace period (equivalent to time

served) for obtaining the continuing professional education hours required for

that renewal period.

(2)           Licensees experiencing physical disability (as

defined in G.S. 168A), illness, or other circumstances beyond the control of

the licensee as reviewed and approved by the Board may be granted leniency in

the time for acquiring continuing educational credits.  Supporting

documentation shall be furnished to the Board.

(3)           Licensees who list their occupation as

"Inactive" on the renewal form and who further certify that they are

no longer receiving any remuneration from providing professional soil services

shall be exempt from the continuing professional education hours required.  In

the event such a person elects to return to active soil science practice,

professional development hours shall be earned in accordance with the

requirements of Rule .0308 in this Section before returning to active practice.

 

History Note:        Authority G.S. 89F-5;

Temporary Adoption Eff. May 15, 1996;

Eff. April 1, 1997;

Pursuant to G.S. 150B-21.3A, rule is necessary without

substantive public interest Eff. December 16, 2014.

 

21 NCAC 69 .0308             REINSTATEMENT

A licensee may bring an inactive license to active status by

obtaining all delinquent PDH units and paying the restoration fee.  However, if

the total number required to become current exceeds 30, then 30 shall be the maximum

number required.

 

History Note:        Authority G.S. 89F-5;

Temporary Adoption Eff. May 15, 1996;

Eff. April 1, 1997;

Pursuant to G.S. 150B-21.3A, rule is necessary without

substantive public interest Eff. December 16, 2014.

 

 

SECTION .0400 - STANDARDS OF PROFESSIONAL CONDUCT

 

21 NCAC 69 .0401             CODE OF PROFESSIONAL CONDUCT

(a)  A soil scientist shall conduct his practice in order to

protect the public health, safety, life and welfare.  The soil scientist shall

at all time recognize his primary obligation to protect the life, safety,

health, and welfare of the public in the performance of his professional

duties.

(b)  A soil scientist shall perform his services only in

areas of his competence and:

(1)           shall undertake to perform assignments only

when qualified by education or experience in the specific technical field of

soil science involved.

(2)           shall not affix his signature or seal to

any document dealing with subject matter to which he lacks competence by virtue

of education or experience, nor to any such plan or document not prepared under

his direct supervisory control except that the soil scientist may affix his

seal and signature to documents depicting the work of two or more professionals

provided he designates by note under his seal the specific subject matter for

which he is responsible.

(c)  A soil scientist shall issue public statements only in

an objective and truthful manner and:

(1)           shall be completely objective and truthful

in all professional reports, statements or testimony.  He shall include

relevant and pertinent information in such reports, statements or testimony.

(2)           when serving as an expert or technical

witness before any court, commission, or other tribunal, shall express an

opinion only when it is founded upon knowledge of the facts in issue, upon a

background of technical competence in the subject matter, and upon conviction

of the accuracy and propriety of his testimony.

(3)           shall issue no statements, criticisms, or

arguments on soil science matters connected with public policy which are

inspired or paid for by an interested party, or parties unless he has prefaced

his comment by identifying himself, by disclosing the identities of the parties

on whose behalf he is speaking, and by revealing the existence of any pecuniary

interest he may have in the instant matters.

(4)           shall not attempt to injure, maliciously or

falsely, directly or indirectly, the professional reputation, prospects,

practice or employment of another soil scientist, nor shall he criticize

another soil scientist's work in public.  If he believes that another soil

scientist is guilty of misconduct or illegal practice, he shall present such

information to the North Carolina Board for Licensing of Soil Scientists.

(d)  A soil scientist shall avoid conflicts of interest and:

(1)           shall promptly inform his employer or

client of any business association, interest, or circumstances, which could

influence his judgment or the quality of his services.

(2)           shall not solicit or accept financial or

other valuable considerations from material or equipment suppliers for

specifying their products without full disclosure.

(3)           shall not solicit or accept gratuities,

directly or indirectly, from contractors, their agents, or other parties

dealing with his client or employer in connection with work for which he is

responsible.

(4)           when in public service as a member,

advisor, or employee of a governmental body or department, the soil scientist

shall abstain from voting on matters involving services provided by him or his

organization in private soil science practices.

(5)           shall not solicit or accept a contract from

a governmental body on which a principal or officer of his organization serves

as a member without full disclosure to affected parties.

(6)           shall not attempt to supplant another soil

scientist in a particular employment after becoming aware that the other has

been selected for the employment.

(e)  A soil scientist shall solicit or accept work only on

the basis of his qualifications and:

(1)           shall compete for professional employment

on the basis of qualification and competence for proper accomplishment of the

work.  He shall not solicit or submit proposals for professional services

containing a false, fraudulent, misleading deceptive or unfair statement or

claim regarding the cost, quality or extent of services to be rendered.

(2)           shall not falsify or permit

misrepresentation of his, or his associates', academic professional

qualification.  He shall not misrepresent or exaggerate his degree of

responsibility in or for the subject matter of prior assignments.  Brochures or

other presentations incident to the solicitation of employment shall not

misrepresent pertinent facts concerning employers, employees, joint ventures,

or his or their past accomplishments with the intent and purpose of enhancing

his qualifications and his work.

(3)           shall not knowingly associate with or

permit the use of his name or firm name in a business venture by any person or

firm which he knows, or has reasons to believe, is engaging in business or

professional practices of a fraudulent or dishonest nature.

(4)           if the soil scientist has knowledge or

reason to believe that another person or firm may be in violation of any of

these provisions or of the North Carolina Soil Scientist Licensing Act, he

shall present such information to the Board and shall cooperate with the Board

in furnishing such further information or assistance as may be required by the

Board.

(f)  A soil scientist whose professional registration is

revoked or suspended by another jurisdiction, shall be subject to disciplines

by the Board if the registrant's actions violate G.S. 89F or the rules in this

Chapter.  Conviction of a felony without restoration of civil rights, or the

revocation or suspension of the license of a soil scientist by another

jurisdiction, if for a cause which in the State of North Carolina would

constitute a violation of G.S. 89F or of these Rules, shall be grounds for a

charge of violation of the rules in this Chapter.

 

History Note:        Authority G.S. 89F-17;

Temporary Adoption Eff. May 15, 1996;

Eff. April 1, 1997;

Pursuant to G.S. 150B-21.3A, rule is necessary without

substantive public interest Eff. December 16, 2014.

 

21 NCAC 69 .0402             RULES OF CONDUCT OF ADVERTISING

(a)  A soil scientist shall not make misleading, deceptive

or false statements or claims about his professional qualifications, experience

or performance in his brochures, correspondence, listings or other public

communications.

(b)  The prohibitions listed in Paragraph (a) of this Rule

include, but are not limited to, the use of statements containing a material

misrepresentation of fact or omitting a material fact necessary to keep the

statement from being misleading; statements intended or likely to create an

unjustified expectation; statements containing prediction of future success; or

statements containing an opinion as to the quality of services.

(c)  Consistent with the foregoing, a soil scientist may advertise

for recruitment of personnel.

(d)  Consistent with the foregoing, a soil scientist may

prepare articles for the lay or technical press.  Such articles shall not imply

credit to the author for work performed by others.

 

History Note:        Authority G.S. 89F-17;

Temporary Adoption Eff. May 15, 1996;

Eff. April 1, 1997;

Pursuant to G.S. 150B-21.3A, rule is necessary without

substantive public interest Eff. December 16, 2014.

 

SECTION .0500 - DISCIPLINARY ACTION AND PROCEDURE

 

21 NCAC 69 .0501             IMPROPER PRACTICE BY LICENSEE

(a)  Duty of the Board.  When the Board becomes aware of a

complaint, it shall send a "letter of inquiry" to the soil scientist

involved and to the complainant.  The soil scientist shall reply to this and

any other inquiry of the Board within 30 calendar days.  Failure to respond

shall constitute violation of the rules in this Chapter.  After receiving and

considering the response from the soil scientist, the Board may send additional

letters of inquiry to the soil scientist and other persons involved.

(b)  Findings of the Board.  Upon consideration of responses

to inquiries, the Board shall determine what action shall be taken:

(1)           if the Board determines that no

disciplinary action is necessary, all parties previously contacted shall be so

informed;

(2)           if the Board determines that the infraction

is deemed minor, then the licensee may be offered a "letter of

warning".  This "letter of warning" shall note the licensee's

acceptance of such action by the Board and shall specify the Board's cause for

concern.  Other persons previously contacted shall be informed that the Board

has acted upon the matter;

(3)           if the Board determines that a formal

hearing should be held, G.S. 150B is applicable;

(4)           if the Board determines that another person

involved is licensed by the State, relevant information shall be sent by letter

to the respective professional board.

 

History Note:        Authority G.S. 89F-5; 89F-18; 89F-20;

89F-22;

Temporary Adoption Eff. May 15, 1996;

Eff. April 1, 1997;

Pursuant to G.S. 150B-21.3A, rule is necessary without

substantive public interest Eff. December 16, 2014.