in-20241218-IR-305240166FRA: DIGEST LICENSING FEES; CONTINUING EDUCATION FOR PROFESSIONAL GEOLOGISTS

Final Rule LSA Document #24-166 DIGEST Sec. 1. (a) A person seeking a new license must file with the survey an application completed under this section on a form approved by the board. (b) Information that An applicant must shall provide information in the an application that includes the following: (c) The An application form shall must be accompanied by a fee in the amount of one hundred sixty dollars ($160) four hundred fifty dollar ($450) fee by check or other means as determined by the survey. The application fee is nonrefundable. (d) The An application fee shall be filed with the survey at least thirty (30) days before the date on which the an applicant seeks to have the an application reviewed. Sec. 4. (a) A license expires three (3) years after the date of issuance it is issued. A renewal request for renewal must be accompanied by a fee of one hundred fifty dollars ($150) three hundred dollar ($300) fee by check, money order, or other means as determined by the survey. The renewal will be issued unless the board determines the applicant no longer qualifies as a licensed professional geologist under IC 25-17.6, and this article, and IC 4-21.5-3-4(d). applies to this subsection (b) The survey shall mail a renewal notice to each licensed professional geologist at least sixty (60) days before the expiration of the license expires. The notice shall be is directed to the most recent mailing address provided to the survey by the licensed professional geologist. (c) If the a renewal fee is not paid when due, the license is invalidated. The license holder's name of the holder shall be is deleted from future rosters of the licensed professional geologists unless: (d) If the renewal fee is not paid within two (2) consecutive years of the invalidation of a certificate two hundred one (201) days after receiving a noncompliance certified letter, a person may seek reinstatement as a licensed professional geologist only upon successful completion of after successfully completing section 2 of this rule. Sec. 1. (a) This rule establishes the continuing education requirements for licensed professional geologists. (b) Failure to comply with this rule may subject the licensed professional geologist to action under IC 25-1-4-5 and IC 25-1-4-6. Sec. 2. (a) Licensed professional geologists shall complete at least twelve (12) hours of continuing education each year of the professional geologist license triennial renewal period to maintain an active status. The twelve (12) hour requirement must include the following: (b) College courses taken after licensure qualifying for credit under section 5 of this rule are counted as follows: (c) Not more than six (6) credit hours earned, but not used, in one (1) triennial renewal period may be applied to the hours required in the first year of the next triennial renewal period. Proper documentation of any rollover hours shall be submitted to the board by the licensee for those hours to be accepted. Sec. 3. A continuing education session must be at least one (1) hour in duration and contain at least fifty (50) minutes of instruction or course contact time. Sec. 4. (a) Two (2) credit hours are granted for each course credit hour for continuing education meeting the requirements of section 6 of this rule. (b) Continuing education credit as provided under subsection (a) is granted only the first time approved continuing education is presented. Sec. 5. (a) Active participation in educational outreach activities with the public about the geology profession qualifies for not more than one (1) credit hour each year of the triennial license renewal period. (b) Authoring of peer-reviewed published papers or books relevant to a professional geologist's practice of geology qualifies for five (5) credit hours in the triennial license renewal period in which the publication occurred. Not more than one (1) peer-reviewed published paper or book may be counted in a triennial license renewal period. Sec. 6. To qualify as credit under this rule, as provided in IC 25-1-4-0.5, a course must be an orderly process of instruction: Sec. 7. (a) Credits required under this rule may be earned by distance learning methods. (b) For distance learning instruction to be acceptable to the board, it must: Sec. 8. It is a licensed professional geologist's responsibility to ensure instruction is applicable to enhancing the practice of geology. Under IC 25-1-4-0.5, certain education is automatically approved when provided by an approved organization under IC 25-1-4-0.2, assuming the subject matter of the instruction is acceptable under this rule, by being designed to directly enhance a practitioner's knowledge and skill. For instruction not automatically approved, the board shall determine criteria for approvable continuing education that may include course audits. Sec. 9. (a) A licensed professional geologist is responsible for gaining the evidence necessary to demonstrate that instruction: (b) A licensed professional geologist shall retain the evidence required in subsection (a) for three (3) years as provided in IC 25-1-4-3(a)(2). Sec. 10. Credit is not granted for any of the following: Sec. 11. Licensed professional geologists may petition the board in writing for a waiver from all or part of the continuing education requirements for a renewal period under IC 25-1-4-4. Sec. 12. To receive full credit, a licensed professional geologist shall: Sec. 13. Audits and actions regarding compliance are conducted as provided in IC 25-1-4. Sec. 14. (a) Except as provided in any other law, if the board determines a practitioner has not complied with this rule or IC 25-1-8-6 at the time the practitioner applies for license renewal or reinstatement, or after an audit conducted under section 8 of this rule, the board shall do the following: (b) After receiving a notice of noncompliance under subsection (a), a practitioner shall do either of the following: (c) If a practitioner fails to comply with subsection (b)(2) within the period provided, the board shall immediately refuse to reinstate the practitioner's license and send notice of the refusal to the practitioner by certified mail. (d) If the board determines a practitioner has knowingly or intentionally made a false or misleading statement to the board concerning compliance with the continuing education requirements, in addition to the requirements under this section, the board shall submit the practitioner for prosecution and impose a one thousand dollar ($1,000) civil penalty. (e) The board shall revalidate a practitioner's license if the practitioner provides proof of compliance with this rule under subsection (b)(1) or (b)(2).