Wisconsin Administrative Code Examining Board of Professional Geologists, Hydrologists and Soil Scientists
Wisconsin Administrative Code — Examining Board of Professional Geologists, Hydrologists, and Soil Scientists
Overview
The Examining Board of Professional Geologists, Hydrologists, and Soil Scientists is the regulatory body in Wisconsin charged with overseeing the licensing, regulation, and discipline of professionals in these three disciplines. The Board operates under the authority granted by Wisconsin statutes and Administrative Code chapters designed to protect public health, safety, and welfare by ensuring qualified professionals practice these sciences.
Key Responsibilities and Authority
Licensing: The Board evaluates applications and issues licenses to qualified individuals seeking to practice as Professional Geologists, Hydrologists, or Soil Scientists in Wisconsin. Applicants must meet education, experience, and examination requirements as set forth in the statutes and administrative rules.
Standards of Practice: The Board establishes ethical and professional standards that licensees must follow, ensuring competent and responsible practice in geology, hydrology, and soil science.
Disciplinary Actions: The Board investigates complaints, conducts hearings, and disciplines licensees who violate statutes, rules, or professional standards. Disciplinary actions can range from reprimands to license suspension or revocation.
Rulemaking: The Board promulgates rules that clarify licensing requirements, continuing education standards, and procedures for enforcement and discipline.
Relevant Wisconsin Statutes and Administrative Code Provisions
Wis. Stat. §§ 470.01–470.12: These statutes create the Board and define its powers and responsibilities, including licensing criteria and disciplinary authority.
Wis. Admin. Code Chapters: The Board’s rules are codified under Chapters SPS 133 (Professional Geologists), SPS 134 (Professional Hydrologists), and SPS 135 (Professional Soil Scientists). These chapters detail application procedures, examination requirements, continuing education, and disciplinary processes.
Licensing Requirements
Education: Typically requires a bachelor’s degree or higher in geology, hydrology, soil science, or a related field from an accredited institution.
Experience: A minimum amount of supervised professional experience is required, often ranging from 2 to 5 years depending on the discipline.
Examination: Applicants must pass a professional examination relevant to their discipline.
Continuing Education: Licensed professionals must complete a specified number of continuing education hours to maintain licensure.
Disciplinary Authority and Procedures
The Board may investigate allegations of:
Fraud or deceit in obtaining licensure.
Professional negligence or incompetence.
Violations of statutes or administrative rules.
Unethical conduct or misconduct in practice.
Complaints are reviewed, and if warranted, formal hearings are conducted according to administrative procedures.
Sanctions can include fines, probation, suspension, or revocation of licenses.
Important Case Law
Though specific case law related exclusively to the Examining Board may be limited, some judicial decisions shed light on regulatory authority and disciplinary procedures for professional licensing boards in Wisconsin:
1. State of Wisconsin Department of Regulation and Licensing v. Johnson (Hypothetical Example)
The court upheld the Board’s decision to revoke a professional geologist’s license for repeated violations of ethical standards, emphasizing the state’s interest in protecting the public from unqualified or unethical practitioners. The ruling affirmed the Board’s discretion in interpreting and enforcing professional conduct rules.
2. Doe v. Examining Board of Professional Hydrologists (Hypothetical Example)
In this case, the court reviewed the due process afforded in the Board’s disciplinary hearing. It held that as long as the licensee receives adequate notice and an opportunity to be heard, the Board’s procedures meet constitutional requirements, and its decisions will be upheld unless arbitrary or capricious.
3. Smith v. Wisconsin Examining Board of Soil Scientists (Hypothetical Example)
The court ruled that the Board’s imposition of continuing education requirements was within its statutory rulemaking authority and did not constitute an unlawful restriction on the practice of soil science.
Summary and Key Takeaways
The Examining Board of Professional Geologists, Hydrologists, and Soil Scientists regulates licensure and professional conduct in these fields to safeguard public welfare.
It establishes rigorous educational, experience, and examination standards for licensing.
The Board holds disciplinary power to enforce compliance and discipline misconduct through administrative hearings.
Wisconsin courts generally support the Board’s authority, provided it follows fair procedures and acts within its statutory mandate.
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