|(a) A Professional Geoscientist or a Geoscience Firm
shall undertake to perform a professional service only when the Professional
Geoscientist or Geoscience Firm, together with those whom the Professional
Geoscientist or Geoscience Firm shall engage as consultants, are qualified
by education and/or experience in the specific technical areas involved.
During delivery of a professional service, a Professional Geoscientist
or Geoscience Firm shall act with reasonable care and competence and
shall apply the technical knowledge and skill, which is ordinarily
applied by reasonably prudent Professional Geoscientists practicing
under similar circumstances and conditions.
(b) A Professional Geoscientist shall not affix his/her
signature or seal to any document dealing with subject matter in which
he/she is not qualified by education and/or experience to form a reasonable
(c) A Professional Geoscientist or a Geoscience Firm
shall not engage in conduct or perform professional geoscience services
characterized by Gross Incompetence. Conduct or professional geoscience
services characterized by Gross Incompetence includes work that evidenced
an inability or lack of skill or knowledge necessary to discharge
the duty and responsibility required of a Professional Geoscientist
or Geoscience Firm, or evidenced by an extreme lack of knowledge of,
or an inability or unwillingness to apply the principles or skills
generally expected of, a reasonably prudent Professional Geoscientist
or Geoscience Firm.
(d) A Professional Geoscientist who has been adjudicated
mentally incompetent by a court may not renew a license or engage
in activities requiring a license under the Act.
|Source Note: The provisions of this §851.102 adopted to be effective December 15, 2010, 35 TexReg 10695; amended to be effective December 11, 2014, 39 TexReg 9539; amended to be effective March 15, 2016, 41 TexReg 1843