Texas Register, Volume 38, Number 35, Pages 5587-5800, August 30, 2013 Page: 5,679
5587-5800 p. ; 28 cm.View a full description of this periodical.
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(4) Advertising or Advertisement--Any non-commercial
or commercial message, including, but not limited to verbal statements,
bids, web pages, signage, provider listings, and paid advertisement
which promotes the services of a licensee.
(5) Agency or Board--Texas Board of Professional Geosci-
entists.
(6) Applicant--A person making application for a geo-
science license; a firm and/or the Authorized Official of a Firm; or
a person making application for the Geoscientist-in-Training (GIT)
certification.
(7) Application--The forms, information, attachments, and
fees necessary to obtain a license as a Professional Geoscientist, the
registration of a firm, or a certification as a Geoscientist-in-Training
(GIT).
(8) Authorized Official of a Firm (AOF)--The person des-
ignated by a Geoscience Firm to be responsible for the process of sub-
mitting the application for the initial registration of the firm with the
Board; ensuring that the firm maintains compliance with the require-
ments of registration with the Board; ensuring that the firm complies
with all laws, codes, rules, and standards applicable to the public prac-
tice of geoscience; ensuring that the firm renews its registration status
as long as the firm offers or provides public geoscientific services; and
communicating with the Board regarding any matter.
(9) Certificant--An individual holding a certificate as a
Geoscientist-in-Training.
(10) Cheating--Attempting to obtain, obtaining, providing,
or using answers to examination questions by deceit, fraud, dishonesty,
or deception.
(11) Complainant--Any person who has filed a sworn, writ-
ten complaint with the Secretary-Treasurer of the Board against any
person whose activities are subject to the jurisdiction of the Board or
the Executive Director, a staff member, or member of the Board who
has filed a signed, written complaint after becoming aware of informa-
tion that may indicate a violation.
(12) Complaint--An allegation or allegations of wrongful
activity related to the practice or offering of geoscience services in
Texas. A complaint is within the Board's jurisdiction if the complaint
alleges a violation of statutes or rules applicable to the public prac-
tice of geoscience or the requirements of licensure of a Professional
Geoscientist (P.G.) or registration by an individual, firm, or other legal
entity. [The Board maintains jurisdiction er a license registration or
eertification it issues as long as the license registration or eertification
is current or renewable.]
(13) Default--The failure of the Respondent to appear in
person or by legal representative on the day and at the time set for hear-
ing in a contested case or informal conference, or the failure to appear
by telephone, in accordance with the notice of hearing or notice of in-
formal conference. Default results in the actions being taken that were
described in the notice of the hearing for a contested case or informal
conference in the event of a failure to appear.
(14) Direct supervision--Critical watching, evaluating, and
directing of geoscience activities with the authority to review, enforce,
and control compliance with all geoscience criteria, specifications, and
procedures as the work progresses. Direct supervision will consist of an
acceptable combination of: exertion of significant control over the geo-
science work, regular personal presence, reasonable geographic prox-
imity to the location of the performance of the work, and an acceptable
employment relationship with the supervised persons.(15) Discipline--One of three recognized courses of study
under which a person may qualify for a license as a Professional Geo-
scientist. Geoscience is comprised of the following disciplines: geol-
ogy, geophysics, and soil science.
(16) Executive Director--The Executive Director of the
Texas Board of Professional Geoscientists.
(17) Filed date--The date that the document has been re-
ceived by the Board or, if the document has been mailed to the Board,
the postmark date of the document.
(18) Geology--The discipline of geoscience that addresses
the science of the origin, composition, structure, and history of the earth
and its constituent soils, rocks, minerals, fossil fuels, solids, fluids and
gasses, and the study of the natural and introduced agents, forces, and
processes that cause changes in and on the earth, and is applied with
judgment to develop ways to utilize, economically, those natural and
introduced agents, forces, and processes for the benefit of mankind.
There are many subdivisions of geology, which include, but are not
limited to the following: historical geology, physical geology, eco-
nomic geology, mineralogy, paleontology, structural geology, mining
geology, petroleum geology, physiography, geomorphology, geochem-
istry, hydrogeology, petrography, petrology, vulcanology, stratigraphic
geology, engineering geology, and environmental geology.
(19) Geophysics--Refers to that science which involves the
study of the physical earth by means of measuring its natural and in-
duced fields of force, including, but not limited to, electric, gravity and
magnetic, and its responses to natural and induced energy or forces, the
interpretation of these measurements, applied with judgment to benefit
or protect the public.
(20) Geoscience--The science of the earth and its origin
and history, the investigation of the earth's environment and its con-
stituent soils, rocks, minerals, fossil fuels, solids, and fluids, and the
study of the natural and introduced agents, forces, and processes that
cause changes in and on the earth as applied with professional judgment
to develop ways to utilize, economically, those natural and introduced
agents, forces, and processes for the benefit of the public.
(21) Geoscience Firm--A firm, corporation, or other busi-
ness entity registered by the Board to engage in the public practice of
geoscience. Firms are recognized by the Board in one of the following
categories:
(A) An unincorporated sole-proprietorship (a single
owned Professional Geoscientist's geoscience business that has no
separate legal existence from its owner) registered by the Board to
engage in the public practice of geoscience; or
(B) Any other type of firm, corporation, partnership
(whether or not the partnership is an incorporated entity) or other
business entity registered by the Board to engage in the public practice
of geoscience.
(22) License--The legal authority granted the holder to ac-
tively practice geoscience upon meeting the requirements as set out in
the Act and this chapter.
(23) License certificate--Any certificate issued by the
Board showing that a license, registration, or certificate has been
granted by the Board. A certificate is not valid unless it is accompanied
by a card issued by the Board which shows the expiration date of the
license, registration or certification.
(24) License status--The status of a Professional Geoscien-
tist license is one of the following:
(A) Current license--A license that has not expired.PROPOSED RULES August 30, 2013 38 TexReg 5679
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Texas. Secretary of State. Texas Register, Volume 38, Number 35, Pages 5587-5800, August 30, 2013, periodical, August 30, 2013; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth342086/m1/93/: accessed April 27, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.