(a) An applicant who is applying for licensure as a geologist under this chapter shall submit evidence, verified by oath and satisfactory to the Board, that such person:
(1) Has received a degree from an accredited college or university with a major in geology; or has completed 30 credit hours of geology or its subdisciplines, of which 24 credits are third or fourth year courses or graduate courses;
(2) Has acquired 5 years of experience in geologic work satisfactory to the Board and as defined in its rules and regulations;
(3) Has achieved the passing score on all parts of the written, standardized examination administered by the National Association of State Boards of Geology (ASBOG), or its successor;
(4) Shall not have been the recipient of any administrative penalties regarding that applicant’s practice of geology, including but not limited to fines, formal reprimands, license suspensions or revocation (except for license revocations for nonpayment of license renewal fees), probationary limitations and/or has not entered into any “consent agreements” which contain conditions placed by a Board on that applicant’s professional conduct and practice, including any voluntary surrender of a license; the Board may determine, after a hearing, whether such administrative penalty is grounds to deny licensure;
(5) Shall not have any impairment related to drugs, alcohol or a finding of mental incompetence by a physician that would limit the applicant’s ability to undertake the practice of geology in a manner consistent with the safety of the public;
(6) Shall not have a criminal conviction record, nor pending criminal charge relating to an offense, the circumstances of which substantially relate to the practice of geology. Applicants who have criminal conviction records or pending criminal charges shall require appropriate authorities to provide information about the record or charge directly to the Board in sufficient specificity to enable the Board to make a determination whether the record or charge is substantially related to the practice of geology. However, after a hearing or review of documentation demonstrating that the applicant meets the specified criteria for a waiver, the Board, by an affirmative vote of a majority of the quorum, may waive this paragraph (a)(6), if it finds all of the following:
a. For waiver of a felony conviction, more than 5 years have elapsed since the date of the conviction. At the time of the application the applicant may not be incarcerated, on work release, on probation, on parole or serving any part of a suspended sentence and must be in substantial compliance with all court orders pertaining to fines, restitution and community service.
b. For waiver of a misdemeanor conviction or violation, at the time of the application the applicant may not be incarcerated, on work release, on probation, on parole or serving any part of a suspended sentence and must be in substantial compliance with all court orders pertaining to fines, restitution and community service.
c. The applicant is capable of practicing geology in a competent and professional manner.
d. The granting of the waiver will not endanger the public health, safety or welfare.
Terms Used In Delaware Code Title 24 Sec. 3608
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Board: shall mean the State Board of Geologists established in this chapter. See Delaware Code Title 24 Sec. 3602
- Conviction: A judgement of guilt against a criminal defendant.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Felony: A crime carrying a penalty of more than a year in prison.
- Geologist: shall mean a person who is qualified to practice professional geology including specialists in its various subdisciplines. See Delaware Code Title 24 Sec. 3602
- Misdemeanor: Usually a petty offense, a less serious crime than a felony, punishable by less than a year of confinement.
- Oath: includes affirmation in all cases where an affirmation may be substituted for an oath, and "sworn" includes affirmed; and the forms shall be varied accordingly. See Delaware Code Title 6 Sec. 4307
- Person: shall mean a corporation, company, association and partnership, as well as an individual. See Delaware Code Title 24 Sec. 3602
- Practice of geology: shall mean any service or creative work, the adequate performance of which requires geologic education, training and experience in the application of the principles, theories, laws and body of knowledge encompassed in the science of geology. See Delaware Code Title 24 Sec. 3602
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
- Quorum: The number of legislators that must be present to do business.
- Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
- State: means the State of Delaware; and when applied to different parts of the United States, it includes the District of Columbia and the several territories and possessions of the United States. See Delaware Code Title 6 Sec. 4307
- Substantially related: means the nature of the criminal conduct, for which the person was convicted, has a direct bearing on the fitness or ability to perform 1 or more of the duties or responsibilities necessarily related to the practice of geology. See Delaware Code Title 24 Sec. 3602
- Year: means a calendar year, and is equivalent to the words "year of our Lord. See Delaware Code Title 6 Sec. 4307
(b) Where the Board has found to its satisfaction that an applicant has been intentionally fraudulent, or that false information has been intentionally supplied, it shall report its findings to the Attorney General for further action.
(c) Where the application of a person has been refused or rejected and such applicant feels that the Board has acted without justification; has imposed higher or different standards for that person than for other applicants or licensees; or has in some other manner contributed to or caused the failure of such application, the applicant may appeal to the Superior Court.
61 Del. Laws, c. 477, § 1; 66 Del. Laws, c. 105, § 5; 70 Del. Laws, c. 186, § 1; 71 Del. Laws, c. 298, § 1; 74 Del. Laws, c. 262, § 77; 75 Del. Laws, c. 374, § 1; 75 Del. Laws, c. 436, § 40; 77 Del. Laws, c. 199, § 30; 78 Del. Laws, c. 44, §§ 58, 59.;