Section § 7860

Explanation

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.

(a)CA Business & Professions Code § 7860(a) The board may, upon its own initiative or upon the receipt of a complaint, investigate the actions of any professional geologist or geophysicist, and make findings thereon.
(b)CA Business & Professions Code § 7860(b) By a majority vote, the board may publicly reprove, suspend for a period not to exceed two years, or revoke the certificate of any geologist or geophysicist registered hereunder, on any of the following grounds:
(1)CA Business & Professions Code § 7860(b)(1) Conviction of a crime substantially related to the qualifications, functions, or duties of a geologist or geophysicist.
(2)CA Business & Professions Code § 7860(b)(2) Misrepresentation, fraud, or deceit by a geologist or geophysicist in his or her practice.
(3)CA Business & Professions Code § 7860(b)(3) Negligence or incompetence by a geologist or geophysicist in his or her practice.
(4)CA Business & Professions Code § 7860(b)(4) Violation of any contract undertaken in the capacity of a geologist or geophysicist.
(5)CA Business & Professions Code § 7860(b)(5) Fraud or deceit in obtaining a certificate to practice as a geologist or geophysicist.
(c)CA Business & Professions Code § 7860(c) By a majority vote, the board may publicly reprove, suspend for a period not to exceed two years, or may revoke the certificate of any geologist or geophysicist registered under this chapter, for unprofessional conduct. Unprofessional conduct includes, but is not limited to, any of the following:
(1)CA Business & Professions Code § 7860(c)(1) Aiding or abetting any person in a violation of this chapter or any regulation adopted by the board pursuant to this chapter.
(2)CA Business & Professions Code § 7860(c)(2) Violating this chapter or any regulation adopted by the board pursuant to this chapter.
(3)CA Business & Professions Code § 7860(c)(3) Conduct in the course of practice as a geologist or geophysicist that violates professional standards adopted by the board.

Section § 7860.1

Explanation

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.

The board may, upon its own initiative or upon the receipt of a complaint, investigate the actions of any geologist-in-training and make findings. By a majority vote, the board may revoke the certificate of any geologist-in-training who does any of the following:
(a)CA Business & Professions Code § 7860.1(a) Has been convicted of a crime as defined in subdivision (a) of Section 480.
(b)CA Business & Professions Code § 7860.1(b) Committed an act that would be grounds for denial of a license pursuant to Section 480 or 496.
(c)CA Business & Professions Code § 7860.1(c) Committed an act of fraud, deceit, or misrepresentation in obtaining their geologist-in-training certificate or license as a professional geologist, certified specialty geologist, professional geophysicist, or certified specialty geophysicist.
(d)CA Business & Professions Code § 7860.1(d) Aids or abets any person in the violation of any provision of this chapter or any regulation adopted by the board pursuant to this chapter.
(e)CA Business & Professions Code § 7860.1(e) Violates Section 119 with respect to a geologist-in-training certificate.
(f)CA Business & Professions Code § 7860.1(f) Commits any act described in Section 7872.
(g)CA Business & Professions Code § 7860.1(g) Violates any provision of this chapter.

Section § 7860.2

Explanation

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.

The failure of, or refusal by, a licensee or a certificate holder to respond to a written request from a representative of the board in the investigation of a complaint against that licensee or certificate holder constitutes a cause for disciplinary action under Section 7860 or 7860.1.

Section § 7861

Explanation

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.

The proceedings under this article shall be conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, and the board shall have all the powers granted therein.

Section § 7862

Explanation

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.

The board may reissue a certificate of registration, certification, or authority, to any person whose certificate has been revoked if a majority of the members of the board vote in favor of such reissuance for reasons the board deems sufficient.

Section § 7863

Explanation

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.

A plea or verdict of guilty or a conviction following a plea of nolo contendere made to a charge substantially related to the qualifications, functions and duties of a geologist or geophysicist is deemed to be a conviction within the meaning of this article. The board may order the certificate or authorization suspended or revoked, or may decline to issue a certificate or authorization, when the time for appeal has elapsed, or the judgment of conviction has been affirmed on appeal, or when an order granting probation is made suspending the imposition of sentence, irrespective of a subsequent order under the provisions of Section 1203.4 of the Penal Code allowing such person to withdraw his plea of guilty and to enter a plea of not guilty, or setting aside the verdict of guilty, or dismissing the accusation, information or indictment.

Section § 7864

Explanation

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.

(a)CA Business & Professions Code § 7864(a) A petitioner may petition the board for reinstatement or modification of penalty, including reduction, modification, or termination of probation, after the following minimum periods have elapsed from the effective date of the decision ordering the disciplinary action, or if the order of the board or any portion of it is stayed by a court, from the date the disciplinary action is actually implemented in its entirety:
(1)CA Business & Professions Code § 7864(a)(1) Except as otherwise provided in this section, at least three years for reinstatement of a certificate that was revoked or surrendered. However, the board may, in its sole discretion, specify in its order of revocation or surrender a lesser period of time that shall be at a minimum of one year.
(2)CA Business & Professions Code § 7864(a)(2) At least two years for early termination of a probation period of three years or more.
(3)CA Business & Professions Code § 7864(a)(3) At least one year for early termination of a probation period of less than three years.
(4)CA Business & Professions Code § 7864(a)(4) At least one year for reduction or modification of a condition of probation.
(b)CA Business & Professions Code § 7864(b) The board shall notify the Attorney General of the filing of the petition. The petitioner and the Attorney General shall be given timely notice by letter of the time and place of the hearing on the petition, and the petitioner and the Attorney General shall be given the opportunity to present both oral and documentary evidence and argument to the board. The petitioner shall at all times have the burden of proof to establish by clear and convincing evidence that he or she is entitled to the relief sought in the petition.
(c)CA Business & Professions Code § 7864(c) The board itself or an administrative law judge, if one is designated by the board, shall hear the petition and shall prepare a written decision setting forth the reasons supporting the decision.
(d)CA Business & Professions Code § 7864(d) The board may grant or deny the petition or may impose any terms and conditions that it reasonably deems appropriate as a condition of reinstatement or reduction or modification of the penalty.
(e)CA Business & Professions Code § 7864(e) A petition shall not be considered while the petitioner is under sentence for any criminal offense, including any period during which the petitioner is on court-imposed probation or parole. A petition shall not be considered while there is an accusation or petition to revoke probation pending against the petitioner.
(f)CA Business & Professions Code § 7864(f) The board may, in its discretion, deny without hearing or argument any petition that is filed pursuant to this section within a period of two years from the effective date of a prior decision following a hearing under this section.
(g)CA Business & Professions Code § 7864(g) Judicial review of the board’s decision following a hearing under this section may be sought by way of a petition for writ of administrative mandamus pursuant to Section 1094.5 of the Code of Civil Procedure. The party seeking to overturn the board’s decision shall have the burden of proof in any mandamus proceeding. In the mandamus proceeding, if it is alleged that there has been an abuse of discretion because the board’s findings are not supported by the evidence, abuse of discretion is established if the court determines that the findings are not supported by substantial evidence in light of the whole record.
(h)CA Business & Professions Code § 7864(h) The following definitions shall apply for purposes of this section:
(1)CA Business & Professions Code § 7864(h)(1) “Certificate” includes a certificate of registration or license as a professional geologist or professional geophysicist or certification as a geologist-in-training.
(2)CA Business & Professions Code § 7864(h)(2) “Petitioner” means a professional geologist or professional geophysicist or a geologist-in-training whose certificate has been revoked, suspended, or surrendered or placed on probation.