Geologists and GeophysicistsDisciplinary Proceedings
Section § 7860
This law lets the board investigate any professional geologist or geophysicist if they receive a complaint or decide to do so on their own. If a majority of the board agrees, they can give a public reprimand, suspend for up to two years, or completely take away the professional's certification. This can happen if the professional is convicted of a relevant crime, is dishonest in their work, is negligent or incompetent, breaks a work contract, or cheated to get their certification. The board can also take these actions for 'unprofessional conduct,' which includes helping others break the rules, violating the rules themselves, or not meeting professional standards in their work.
Section § 7860.1
This law allows the board overseeing geologists-in-training to investigate and potentially revoke someone's certificate if they break certain rules. These rules include being convicted of a crime, committing acts like fraud to get their certificate, helping others to break laws, and violating specific sections related to geologists-in-training.
Section § 7860.2
If someone holds a license or certificate and they don't reply to a written request from the board investigating a complaint against them, they can be disciplined. This can happen under certain sections related to professional conduct.
Section § 7861
This law states that certain processes or actions must follow specific rules outlined in another section of government regulations. The board involved in these proceedings is given all the authority described in those rules.
Section § 7862
If your professional certificate has been revoked, the board can decide to give it back to you. This can happen if most of the board members agree and they have valid reasons for doing so.
Section § 7863
This law states that if a geologist or geophysicist pleads guilty, is convicted, or accepts a plea of 'nolo contendere' (meaning they do not contest the charge) for a crime that is related to their professional duties, it counts as a conviction for disciplinary purposes. The board that oversees their profession can then decide to suspend or revoke their professional certificate, or refuse to issue one, even if there are legal appeals or later changes to the conviction, such as probation.
Section § 7864
If a professional geologist, geophysicist, or geologist-in-training has had their certification revoked, surrendered, or placed under probation, they can ask the board to reinstate or change their penalty. They must wait a certain amount of time depending on their situation. For a revoked certificate, it's typically three years unless specified otherwise, for long probation, it's two years, and for shorter probation, it’s one year. They can also request changes to probation conditions after one year. The board must inform the Attorney General about these requests, and both parties can present evidence at a hearing. The person making the request must prove they deserve the change by showing convincing evidence. The board decides whether to grant or deny these requests and can add conditions to their decisions. If there are any criminal issues or pending accusations against the person, they can't make a request. Additionally, if a similar request was recently denied, they must wait two years to try again. If the board's decision is challenged, the court will review it and decide if the board used their power reasonably based on the evidence.