CHAPTER 12.5. Geologists and Geophysicists [7800. - 7887.]

Heading of Chapter 12.5 amended by Stats. 1972, Ch. 1396.

§§ 7800–7887 · 81 sections

1. ARTICLE 1. General Provisions §§ 7800–7807.1 · 12 sections

   • § 7800 This chapter of the Business and Professions Code constitutes the chapter on geologists and geophysicists. It may be cited as the Geologist and Geophysicist…
   • § 7801 (a) “Board,” as used in this chapter, means the Board for Professional Engineers, Land Surveyors, and Geologists established under Section 6710. Any reference…
   • § 7802 “Geology,” as used in this chapter, refers to that science which treats of the earth in general; investigation of the earth’s crust and the rocks and other…
   • § 7802.1 “Geophysics,” as used in this chapter, refers to that science which involves study of the physical earth by means of measuring its natural and induced fields…
   • § 7803 “Geologist,” as used in this chapter, refers to a person engaged in the practice of geology.
   • § 7803.1 “Geophysicist,” as used in this chapter, refers to a person engaged in the practice of geophysics.
   • § 7804 Only a person registered as a geologist under the provisions of this chapter shall be entitled to take and use the title “professional geologist.” Only a…
   • § 7804.1 Only a person registered as a geophysicist under the provisions of this chapter shall be entitled to take and use the title “professional geophysicist.” Only a…
   • § 7805 The term “responsible charge of work” means the independent control and direction by the use of initiative, skill and independent judgment of geological or…
   • § 7806 A subordinate is any person who assists a professional geologist or professional geophysicist in the practice of geology or geophysics without assuming the…
   • § 7807 A qualified geologist is a person who possesses all the qualifications specified in Section 7841 for registration except that he is not registered.
   • § 7807.1 A qualified geophysicist is a person who possesses all the qualifications specified in Section 7841.1 for registration except that he is not registered.
2. ARTICLE 2. Administration §§ 7810.1–7825 · 7 sections

   • § 7810.1 Protection of the public shall be the highest priority for the board in exercising its licensing, regulatory, and disciplinary functions pursuant to this…
   • § 7818 The board, pursuant to the provisions contained in Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, may…
   • § 7819 Except as otherwise provided by law, all records of the board shall be open to inspection by the public during regular office hours.
   • § 7820 The board shall have and use a seal bearing the name “Board for Professional Engineers, Land Surveyors, and Geologists.”
   • § 7821 The board shall compile and maintain, or may have compiled and maintained on its behalf, a register of all licensees that contains the licensee’s name, address…
   • § 7822 The board may, by regulation, provide for the division of the certification of registration into different specialties, including, but not limited to,…
   • § 7825 The board shall establish relations with bodies which regulate the practice of geology and geophysics, or closely related geologic and geophysical disciplines,…
3. ARTICLE 2.1. Technical Advisory Committees §§ 7826–7826.4 · 5 sections

   • § 7826 The board may establish one or more technical advisory committees to advise and assist the board with respect to the following: (a) Application review and…
   • § 7826.1 Each member of each technical advisory committee shall be appointed by the board and shall serve at the pleasure of the board. Each committee shall be composed…
   • § 7826.2 Each member of each technical advisory committee shall be an expert in the area of geology or geophysics within the committee’s jurisdiction and shall be…
   • § 7826.3 All the members of each technical advisory committee shall serve without compensation but shall receive per diem and expenses as provided in Section 103.
   • § 7826.4 Each member of each technical advisory committee shall be granted the same immunity as is granted to a public employee pursuant to Article 3 (commencing with…
4. ARTICLE 3. Scope of Regulation §§ 7830–7839.2 · 14 sections

   • § 7830 It is unlawful for anyone other than a geologist licensed under this chapter to stamp or seal any plans, specifications, plats, reports, or other documents…
   • § 7830.1 It is unlawful for any person other than a geophysicist licensed under this chapter to stamp or seal any plans, specifications, plats, reports, or other…
   • § 7831 It is unlawful for anyone to stamp or seal any plans, specifications, plats, reports, or other documents with the seal after the certificate of the registrant,…
   • § 7832 Any person, except as in this chapter specifically exempted, who shall practice or offer to practice geology or geophysics for others in this state is subject…
   • § 7833 This chapter does not prohibit one or more geologists or geophysicists from practicing through the entity of a sole proprietorship, partnership, or…
   • § 7834 This chapter does not prevent or prohibit an individual, firm, company, association or corporation whose principal business is other than the practice of…
   • § 7835 All geologic plans, specifications, reports, or documents shall be prepared by a professional geologist or licensed certified specialty geologist, or by a…
   • § 7835.1 All geophysical plans, specifications, reports, or documents shall be prepared by a professional geophysicist, licensed certified specialty geophysicist,…
   • § 7836 Officers and employees of the United States of America practicing solely as such officers or employees are exempt from registration under the provisions of…
   • § 7837 A subordinate to a geologist or geophysicist registered under this chapter, insofar as he or she acts solely in that capacity, is exempt from registration…
   • § 7838 A civil engineer empowered to practice civil engineering in this state, and a petroleum engineer registered in this state, under provisions of Chapter 7…
   • § 7839 This chapter shall not empower a geologist or geophysicist registered under this chapter to practice or offer to practice civil engineering and any of its…
   • § 7839.1 This chapter shall not empower a geologist registered under this chapter to practice or offer to practice geophysics for others in this state except as such…
   • § 7839.2 (a) A professional geologist or professional geophysicist shall use a written contract when contracting to provide geological or geophysical services to a…
5. ARTICLE 4. Registration §§ 7840–7856 · 23 sections

   • § 7840 An application for licensure as a geologist, certification in a specialty in geology, certification as a geologist-in-training, licensure as a geophysicist, or…
   • § 7841 An applicant for licensure as a geologist shall have all the following qualifications: (a) Not have committed any acts or crimes constituting grounds for…
   • § 7841.1 An applicant for licensure as a geophysicist shall have all of the following qualifications. This section shall not apply to applicants for licensure as…
   • § 7841.2 (a) An applicant for certification as a geologist-in-training shall comply with all of the following: (1) Not have committed acts or crimes constituting…
   • § 7842 (a) An applicant for certification in a specialty in geology shall meet all of the requirements of Section 7841, shall be a geologist licensed under this…
   • § 7842.1 An applicant for certification in a specialty in geophysics shall meet all of the requirements of Section 7841.1 and in addition, his seven years of…
   • § 7843 (a) An applicant for certification as a geologist-in-training shall, upon meeting all the requirements prescribed in Section 7841.2, be issued a certificate as…
   • § 7844 (a) Examination for licensure shall be held at the times and places within the state as the board shall determine. The scope of examinations and the methods of…
   • § 7845 Examinations for registration as a geologist or registered certified specialty geologist shall test the applicant’s knowledge of geology and of any established…
   • § 7845.1 Examinations for registration as a geophysicist or registered certified specialty geophysicist shall test the applicant’s knowledge basic to geophysics and his…
   • § 7846 An applicant failing in an examination may be examined again upon filing a new application and the payment of the examination fee fixed by the board.
   • § 7847 The board, upon application therefor, on its prescribed form, and upon the payment of the fee fixed by this chapter, which shall be retained by the board, may…
   • § 7850 Any applicant for licensure as a professional geologist who meets all the requirements prescribed in Section 7841 and who has otherwise qualified hereunder as…
   • § 7850.1 Any applicant for licensure as a professional geophysicist who meets all the requirements prescribed in Section 7841.1 and who has otherwise qualified…
   • § 7850.5 An applicant for certification as a certified specialty geologist who meets all the requirements prescribed in Section 7842 and who has otherwise qualified…
   • § 7850.6 An applicant who has passed the examination for a certified specialty geophysicist and has otherwise qualified under this chapter in the specialty shall have a…
   • § 7851 (a) The board shall issue, upon application and payment of the fee established by Section 7887, a retired license to a geologist or geophysicist who has been…
   • § 7852 (a) Each geologist licensed under this chapter shall, upon licensure, obtain a seal of the design authorized by the board bearing the licensee’s name, number…
   • § 7852.1 (a) Each geophysicist licensed under this chapter shall, upon licensure, obtain a seal of the design authorized by the board bearing the licensee’s name,…
   • § 7853 A duplicate certificate of registration to replace one lost, destroyed, or mutilated may be issued subject to the rules and regulations of the board. The…
   • § 7854 An unsuspended, unrevoked and unexpired certificate and endorsement of registry made under this chapter is presumptive evidence in all courts and places that…
   • § 7855 Any applicant who is denied registration or authorization shall, in writing, be so notified and informed of the reason therefor. Within 30 days after receipt…
   • § 7856 (a) Each applicant for licensure or certification who has a valid email address shall report to the board that email address at the time of application. (b)…
6. ARTICLE 5. Disciplinary Proceedings §§ 7860–7864 · 7 sections

   • § 7860 (a) The board may, upon its own initiative or upon the receipt of a complaint, investigate the actions of any professional geologist or geophysicist, and make…
   • § 7860.1 The board may, upon its own initiative or upon the receipt of a complaint, investigate the actions of any geologist-in-training and make findings. By a…
   • § 7860.2 The failure of, or refusal by, a licensee or a certificate holder to respond to a written request from a representative of the board in the investigation of a…
   • § 7861 The proceedings under this article shall be conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the…
   • § 7862 The board may reissue a certificate of registration, certification, or authority, to any person whose certificate has been revoked if a majority of the members…
   • § 7863 A plea or verdict of guilty or a conviction following a plea of nolo contendere made to a charge substantially related to the qualifications, functions and…
   • § 7864 (a) A petitioner may petition the board for reinstatement or modification of penalty, including reduction, modification, or termination of probation, after the…
7. ARTICLE 6. Offenses Against the Chapter §§ 7870–7874 · 5 sections

   • § 7870 The board shall have the power, duty and authority to investigate violations of the provisions of this chapter.
   • § 7871 It shall be the duty of the respective officers charged with the enforcement of laws and ordinances to prosecute all persons charged with the violation of any…
   • § 7872 A person who does any of the following is guilty of a misdemeanor: (a) Unless the person is exempt from licensure under this chapter, practices or offers to…
   • § 7873 Whenever any person has engaged in or is about to engage in any act or practice which constitutes or which, in the opinion of the board, will constitute an…
   • § 7874 (a) If a licensee who is retained as an expert witness enters into a nondisclosure agreement, that agreement shall not be construed to prevent the licensee…
8. ARTICLE 7. Revenue §§ 7880–7887 · 8 sections

   • § 7880 A certificate of registration as a geologist or as a specialty geologist or as a geophysicist or as a specialty geophysicist shall expire at 12 a.m. of the…
   • § 7881 Except as otherwise provided in this article, certificates of registration as a geologist or as a geophysicist, or certified specialty certificates, may be…
   • § 7881.5 (a) At the time of renewal specified in Section 7880 or 7881, the board shall administer an assessment of the certificate holder to reinforce the certificate…
   • § 7882 A suspended certificate is subject to expiration and shall be renewed as provided in this article, but such renewal does not entitle the holder of the…
   • § 7883 A revoked certificate is subject to expiration as provided in this article, but it may not be renewed. If it is reinstated after its expiration, the holder of…
   • § 7884 Certificates of licensure as a geologist or as a geophysicist or certified specialty certificates which are not renewed within five years after expiration…
   • § 7886 (a) The department shall receive and account for all money derived under the operation of this chapter and, at the end of each month, shall report such money…
   • § 7887 The amount of the fees prescribed by this chapter shall be fixed by the board in accordance with the following schedule: (a) The fee for filing an application…