§ 17-32-302 — Persons subject to provisions - Exemptions

Arkansas § 17-32-302

• Jurisdiction: Arkansas
• Title: 17

Text

(a) Except as specifically exempted by this section, every person who shall publicly practice or offer to publicly practice geology in this state is subject to this chapter. The following persons are exempt: (1) Persons engaged solely in teaching the science of geology or engaged in nonpublic geologic research in this state; (2) Officers and employees of the United States or this state practicing solely as such officers or employees; and (3) A subordinate to a geologist registered under this chapter, insofar as he or she acts solely in that capacity. This exemption, however, does not permit any subordinate to practice geology for others in his or her own right or to use the title of registered geologist. (b) (1) (A) This chapter does not prohibit one (1) or more geologists from practicing through the medium of a sole proprietorship, partnership, or corporation. (B) In a partnership or corporation whose primary activity consists of geological services, at least one (1) partner or officer shall be a registered geologist. (2) This chapter does not prevent or prohibit an individual, firm, company, association, or corporation whose principal business is other than the public practice of geology from employing a nonregistered geologist to perform nonpublic geological services necessary to the conduct of its business. (3) This chapter shall not be construed to prevent or to affect the following: (A) The practice of any profession or trade for which a license is required under any other law of this state; (B) (i) The practice of geology or the offer to practice geology by a person not a resident of and having no established place of business in this state if the person is licensed or registered to practice the profession in another state where the requirements for a certificate of registration or license are not lower than those specified in this state for obtaining the registration required for the work. (ii) The person shall apply in writing to the State Board of Registration for Professional Geologists and, after payment of a fee established by rule not to exceed six hundred dollars ($600), may be granted a written permit for a prescribed period of time of less than one (1) year to perform a specific practice of geology. (iii) No right to perform other practices of geology shall accrue to a person granted a written permit under this section; (C) The practice by a person not a resident of and having no established place of business in this state or who has recently become a resident of this state practicing or offering to practice the profession of geology for more than ninety (90) days in any calendar year if the person has filed with the board an application for a certificate of registration and has paid the fee required by § 17-32-307 . The practice shall continue only for such time as the board requires for the consideration of the applicant for registration; or (D) The practice of registered professional engineers from lawfully practicing soil mechanics, foundation engineering, geotechnical engineering, hydrology as it pertains to the practice of engineering, and environmental engineering.

Legislative History

Acts 1987, No. 470, §§ 24, 25; 1987, No. 701, §§ 25, 26; 1991, No. 813, § 1; 2005, No. 676, § 7.