| (27) License certificate--Any certificate issued by
the TBPG showing that a license, registration, or certificate has
been granted by the TBPG. A certificate is not valid unless it is
accompanied by a card issued by the TBPG that shows the expiration
date of the license, registration or certification.
(28) License status--The status of a Professional Geoscientist
license, Geoscience Firm registration, or GIT certification is one
of the following:
(A) Current license--A license, registration, or certification
that has not expired.
(B) Expired license--A Professional Geoscientist license
that has been expired for less than three years and is therefore renewable,
or a Geoscience Firm registration or GIT certification that has been
expired for less than one year and is therefore renewable.
(C) Permanently expired license--A license, registration,
or certification that is no longer renewable.
(29) Licensee--An individual or other entity holding
a current Professional Geoscientist license, GIT certificate, or Firm
registration.
(30) Meritless complaint--a complaint in which the
allegations are unfounded or groundless (no legitimate basis for the
allegation) or the allegations are unsubstantiated or unverified (no
determination could be made as to whether there was any basis for
the allegation).
(31) Non-jurisdictional complaint--a complaint in which
the TBPG has no jurisdiction over the alleged conduct.
(32) Person--Any individual, firm, partnership, corporation,
association, or other legal public or private entity, including a
state agency or governmental subdivision.
(33) Professional Geoscientist or P.G.--An individual
who holds a license as a Professional Geoscientist issued by the TBPG.
(34) Practice for the public--
(A) Providing professional geoscience services:
(i) For a governmental entity in Texas;
(ii) To comply with a rule established by the State
of Texas or a political subdivision of the State of Texas; or
(iii) For the public or a firm or corporation in the
State of Texas if the practitioner accepts ultimate liability for
the work product; and
(B) Does not include services provided for the express
use of a firm or corporation by an employee or consultant if the firm
or corporation assumes the ultimate liability for the work product.
(35) The Public--Any individual(s), client(s), business
or public entities, or any member of the general population whose
normal course of life might reasonably include an interaction of any
sort with or be impacted by professional geoscience services.
(36) Registered Firm--A firm that is currently registered
with the TBPG.
(37) Registrant--An individual whose sole-proprietorship
is currently registered with the TBPG or a firm that is currently
registered with the TBPG.
(38) Respondent--Any individual or firm, licensed or
unlicensed, who has been charged with violating any provision of the
Act or a rule or order issued by the Appointed Board.
(39) Responsible charge--The independent control and
direction of geoscience services or the supervision of geoscience
services by the use of initiative, skill, and independent judgment.
(40) Rule or Board Rule--State agency rules adopted
by the Appointed Board and as published in the Texas Administrative
Code, Title 22, Part 39, Chapters 850 and 851.
(41) Soil Science--Soil science means the science of
soils, their classification, origin and history, the investigation
and interpretation of physical, chemical, morphological, and biological
characteristics of the soil including, among other things, their ability
to produce vegetation and the fate and movement of physical, chemical,
and biological contaminants.
(42) Sole practitioner--An individual Professional
Geoscientist who operates a geoscience business and who is in responsible
charge of all geoscience work performed by or for the business.
(43) TBPG--The Texas Board of Professional Geoscientists,
as used in this chapter, is a reference to the whole or any part of
the entity that is the Texas Board of Professional Geoscientists.
|
| Source Note: The provisions of this §851.10 adopted to be effective October 31, 2002, 27 TexReg 10028; amended to be effective January 8, 2008, 33 TexReg 185; amended to be effective December 15, 2010, 35 TexReg 10695; amended to be effective January 1, 2014, 38 TexReg 9368; amended to be effective December 11, 2014, 39 TexReg 9539; amended to be effective March 18, 2015, 40 TexReg 1384; amended to be effective March 15, 2016, 41 TexReg 1843; amended to be effective September 25, 2017, 42 TexReg 5143; amended to be effective October 31, 2018, 43 TexReg 7140; amended to be effective March 6, 2022, 47 TexReg 947; amended to beeffective June 14, 2023, 48 TexReg 2965 |
