Commerce, Occupational and Professional Licensing

Rule R156-76

Professional Geologist Licensing Act Rule

Five-Year Notice of Review and Statement of Continuation

DAR File No.: 35894
Filed: 02/21/2012 02:25:45 PM

NOTICE OF REVIEW AND STATEMENT OF CONTINUATION

Concise explanation of the particular statutory provisions under which the rule is enacted and how these provisions authorize or require the rule:

Title 58, Chapter 76, provides for the licensure of professional geologists. Subsection 58-1-106(1)(a) provides that the Division may adopt and enforce rules to administer Title 58. Subsection 58-76a-201(3) provides that the Professional Geologist Licensing Board's duties and responsibilities shall be in accordance with Section 58-1-202. Subsection 58-1-202(1)(a) provides that one of the duties of each board is to recommend appropriate rules to the Division Director. This rule was enacted to clarify the provisions of Title 58, Chapter 76, with respect to professional geologists.

Summary of written comments received during and since the last five-year review of the rule from interested persons supporting or opposing the rule:

Since this rule was last reviewed in May 2007, it has been amended one time. The Division received a 12/04/2007 email from Robert Q. Oaks, Jr., a licensed professional geologist, in which he suggested wording changes to proposed amendments in Subsection R156-76-501(2). The Division replied back to Mr. Oaks in a 12/11/2007 email that the Division would not be making further changes to the proposed amendments that he suggested because the wording identified in Subsection R156-76-501(2) is actually referring to the unlawful conduct in Subsection 58-76-501(2) which is in the governing statute affecting licensed professional geologists. The Division further replied that the Division does not have authority to change the statutory unlawful conduct language via a proposed rule change. The proposed amendments which had been filed were made effective on 01/08/2008.

Reasoned justification for continuation of the rule, including reasons why the agency disagrees with comments in opposition to the rule, if any:

This rule should be continued as it provides a mechanism to inform potential licensees of the requirements for licensure as allowed under statutory authority provided in Title 58, Chapter 76, with respect to professional geologists. The rule should also be continued as it provides information to ensure applicants for licensure are adequately trained and meet minimum licensure requirements and provides licensees with information concerning unprofessional conduct, definitions and ethical standards relating to the profession.

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Direct questions regarding this rule to:

• Rich Oborn at the above address, by phone at 801-530-6767, by FAX at 801-530-6511, or by Internet E-mail at [email protected]

Authorized by:

Mark Steinagel, Director

Effective:

02/21/2012