The Wise Report

The Texas Board of Professional Geoscientists (TBPG) proposes amendments to §851.10 and §851.30 to clarify the definition and role of an “Authorized Official of a Firm” (AOF).

Proposed amendments to §851.80 amend language to establish a proctored review of a Texas Geophysics Examination for a fee, and provide a reduction of the renewal fee to half price for a person who has a medical disability.

Proposed amendments to §851.20 clarify that an applicant who is not a citizen of the United States must provide a copy of a VISA or a Social Security Number.

Proposed amendments to §851.23 provide an alternate process for applicants who cannot provide a professional reference to verify qualifying work experience.

Proposed amendments to §851.25 re-sequence elements of the existing rule so that the rule is consistent with the Texas Geoscience Practice Act, and provide that, by rule, the Board has determined that a person has satisfied “other equivalent education, as determined by the Board,” if the applicant has a four year college or university degree and has the appropriate number of total hours of geoscience coursework and in upper level courses. The proposed change would also provide that the Appointed Board could still determine whether an applicant’s education is equivalent after review of the applicant’s credentials.

Proposed revisions to §851.157, along with the repeal of current §851.158 and the addition of new §851.158 and §851.159, would reorganize rules in current §851.157 and §851.158, and provide that the default not responding to a Notice of Alleged Violation or a scheduled informal settlement conference may be to a Board Order instead of the current default of scheduling a hearing with the State Office of Administrative Hearings (SOAH) and provide certain clarifying language regarding the procedures by which complaints are investigated and adjudicated. Current §851.158 is proposed for repeal because these provisions are provided for in TOC Chapter 1002, Subchapters J and K, making the rule redundant and, therefore, unnecessary. A proposed amendment to §851.203 adds provisions to the default process that is followed when a respondent does not appear at a SOAH hearing. Proposed new §851.220 provides a procedure for judicial review of a default or contested Board Order by a respondent.

For more information go to:  www.sos.state.tx.us/texreg/archive/July72017/

Henry M. Wise, P.G.