STATE OF WISCONSIN
EXAMINING BOARD OF PROFESSIONAL GEOLOGISTS, HYDROLOGISTS AND SOIL SCIENTISTS
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IN THE MATTER OF RULEMAKING : ORDER OF THE
PROCEEDINGS BEFORE THE : EXAMINING BOARD OF
EXAMINING BOARD OF PROFESSIONAL : PROFESSIONAL GEOLOGISTS,
GEOLOGISTS, HYDROLOGISTS AND : HYDROLOGISTS AND SOIL
SOIL SCIENTISTS : SCIENTISTS
: (CLEARINGHOUSE RULE 24-078)
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ORDER
An order of the Examining Board of Professional Geologists, Hydrologists, and Soil Scientists to amend GHSS 1.01, 1.05 (1), Chapter GHSS 2 (title), 2.01, 2.02 Note, and 2.03 (10) Note; to repeal and recreate GHSS 1.02; and to create GHSS 1.045, 1.05 (2) (c), and 2.08 to 2.14 relating to Professional Development for Professional Geologists. Analysis prepared by the Department of Safety and Professional Services.
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ANALYSIS
Statutes interpreted:
Statutory authority:
Explanation of agency authority:
Section 15.08 (5) (b), Stats., provides that each examining board “[s]hall promulgate rules for its own guidance and for the guidance of the trade or profession to which it pertains, and define and enforce professional conduct and unethical practices not inconsistent with the law relating to the particular trade or profession.” Section 227.11 (2) (a), Stats., provides that “[e]ach agency may promulgate rules interpreting the provisions of any statute enforced or administered by the agency, if the agency considers it necessary to effectuate the purpose of the statute, but a rule is not valid if the rule exceeds the bounds of correct interpretation.” Section 470.03 (1) (a), Stats., states that the examining board shall “[u]pon the advice of the professional geologist section, promulgate rules establishing requirements and standards for the practice of professional geology by a person who is licensed as a professional geologist under this chapter, including a code of ethics that governs the practice of professional geology. Section 470.03 (2), Stats., states that “[u]pon the advice of the appropriate section of the examining board, the examining board may promulgate rules that establish continuing education requirements that a person must satisfy to be eligible to renew a license that is issued under this chapter.” Related statute or rule:
Rule in progress GHSS 1 and 3, relating to Professional Development for Professional Hydrologists (Clearinghouse Rule 24-079). Plain language analysis:
The proposed rule creates requirements for continuing education for professional geologists. Definitions and general requirements are added in ch. GHSS 1, and specifics of new continuing education and renewal requirements are added in ch. GHSS 2. In each biennium, professional geologists will be required to complete 24 approved continuing education contact hours. The content of the courses must be substantially related to the practice of professional geology. A wide variety of courses and activities are allowed. The professional geologist section may grant exceptions to the continuing education requirements in the event of extreme hardship for a licensee. Summary of, and comparison with, existing or proposed federal regulation:
None.
Comparison with rules in adjacent states:
Illinois:
The Illinois Department of Financial and Professional Regulation is responsible for the licensure and regulation of professional geologists. The expiration date and renewal period are set by administrative rule [225 Illinois Combined Statutes 745]. The Illinois Administrative Code states that professional geologist licenses shall expire on March 31 of odd-numbered years and renewal may occur prior to the expiration date by payment of a fee [Illinois Administrative Code Title 68 Chapter VII Subchapter b Part 1252 Section 1252.70]. Continuing Education requirements are not included in the Illinois statutes or administrative code for professional geologists.
Iowa:
Iowa does not require licensure or registration of professional geologists.
Michigan:
