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.