No. 40764 (Amendment): Section R156-76-502. Unprofessional Conduct

(Amendment)

DAR File No.: 40764
Filed: 09/13/2016 12:44:36 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

This filing is recommended by the Professional Geologist Licensing Board in order to more accurately encapsulate and convey the recognized standards and ethics of the profession.

Summary of the rule or change:

In Section R156-76-502, reference to the "American Geological Institute's Guidelines for Ethical Professional Conduct", 04/02/1999, is removed in Subsection R156-76-502(4) and replaced with Section R156-76-16, Code of Ethics, as contained in the 2011 edition of the "National Association of State Boards of Geology (ASBOG) Model Rules and Regulations", which is incorporated by reference.

Statutory or constitutional authorization for this rule:

• Subsection 58-1-106(1)(a)
• Subsection 58-1-202(1)(a)
• Section 58-76-101

This rule or change incorporates by reference the following material:

• Adds Code of Ethics of the National Association of State Boards of Geology (ASBOG) Model Rules and Regulations, Section 16, published by National Association of State Boards of Geology, 2011
• Removes American Geological Institute's Guidelines for Ethical Professional Conduct, published by American Geological Institute, April 2, 1999

Anticipated cost or savings to:

the state budget:

The Division will incur minimal costs of approximately $75 to reprint and distribute the rule once the proposed amendments are made effective. Any costs incurred will be absorbed in the Division's current budget.

local governments:

As it is unknown how many licensed, professional geologists are employed by local government, the proposed amendment may have an impact. This update in ethical standards is expected to have a negligible impact on local government budgets as it will only require small formatting changes to existing media. These will vary depending on local government, so the cost or savings cannot be estimated by the Division.

small businesses:

Though it is unknown how many licensed, professional geologists are employed by small business, the update in ethical standards is expected to have a negligible impact on budgets as it will only require small formatting changes to existing media. These will vary from business to business, so any cost or savings cannot be estimated by the Division.

persons other than small businesses, businesses, or local governmental entities:

The proposed amendment solely applies to licensed professional geologists. The costs or savings associated with this amendment cannot be estimated as the formatting changes, if any, will vary from person to person. There will be no cost to obtain the updated code of ethics document as it is available for free on the ASBOG website.

Compliance costs for affected persons:

Licensed professional geologists are required to conform to nationally recognized standards and ethics of the profession. Therefore, the Division anticipates that any associated costs will be negligible. Also, there will be no cost to obtain the updated code of ethics document as it is available for free on the ASBOG website.

Comments by the department head on the fiscal impact the rule may have on businesses:

This amended rule merely substitutes the name of the 2011 edition of the "Model Rules and Regulations" for the former 1999 edition. A negligible fiscal impact to businesses is anticipated.

Francine A. Giani, Executive Director

The full text of this rule may be inspected, during regular business hours, at the Office of Administrative Rules, or at:

Commerce
Occupational and Professional Licensing
HEBER M WELLS BLDG
160 E 300 S
SALT LAKE CITY, UT 84111-2316

Direct questions regarding this rule to:

• Steve Duncombe at the above address, by phone at 801-530-6235, by FAX at 801-530-6511, or by Internet E-mail at [e-mail]

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

10/31/2016

Interested persons may attend a public hearing regarding this rule:

• 10/13/2016 10:00 AM, Heber Wells Bldg, 160 East 300 South, Conference Room 474, Salt Lake City, UT

This rule may become effective on:

11/07/2016

Authorized by:

Mark Steinagel, Director

RULE TEXT

R156. Commerce, Occupational and Professional Licensing.

R156-76. Professional Geologist Licensing Act Rule.

R156-76-502. Unprofessional Conduct.

"Unprofessional conduct" includes:

(1) submitting an incomplete final plan, specification, report or set of plans to:

(a) a client, when the licensee represents, or could reasonably expect the client to consider the plan, specification, report or set of plans to be complete and final; or

(b) to a government official for the purpose of obtaining a permit;

(2) failing as a principal to exercise responsible charge;

(3) failing as a supervisor to exercise supervision of an employee, subordinate, associate or drafter; or

(4) failing to conform to the accepted and recognized standards and ethics of the profession including those stated in [the "American Geological Institute's Guidelines for Ethical Professional Conduct", April 2, 1999]Section 16 Code of Ethics of the 2011 edition of the "National Association of State Boards of Geology (ASBOG) Model Rules and Regulations", which is hereby incorporated by reference.

 

KEY: licensing, professional geologists, geology

Date of Enactment or Last Substantive Amendment: [January 8, 2008]2016

Notice of Continuation: February 21, 2012

Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-76-101

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