| (a) A Professional Geoscientist or Geoscience Firm
shall not practice geoscience in any manner that, when measured by
generally accepted geoscience standards or procedures, does or is
reasonably likely to result in the endangerment of public health,
safety, or welfare. Such practice is deemed to be "reckless."
(b) "Recklessness" shall include the following practices:
(1) Conduct that indicates that the Professional Geoscientist
or Geoscience Firm is aware of yet consciously disregards a substantial
risk of such a nature that its disregard constitutes a significant
deviation from the standard of care that a reasonably prudent Professional
Geoscientist or Geoscience Firm would exercise under the circumstances;
(2) Knowing failure to exercise ordinary care and attention
toward the intended result when a procedure, technique, material,
or system is employed as a result of a decision made by the Professional
Geoscientist or Geoscience Firm and such failure jeopardizes or has
the potential to jeopardize public health, safety, or welfare; or
(3) Action which demonstrates a conscious disregard
for compliance with a statute, regulation, code, ordinance, or recognized
standard applicable to a particular project when such disregard jeopardizes
or has the potential to jeopardize public health, safety, or welfare.
|
| Source Note: The provisions of this §851.103 adopted to be effective December 15, 2010, 35 TexReg 10695; amended to be effective December 11, 2014, 39 TexReg 9539; amended to be effective October 31, 2018, 43 TexReg 7140; amended to be effective March 6, 2022, 47 TexReg 947 |
