Section 34-32-1
Section 34-32-1
Short title.
This chapter may be cited as the 'Professional Soil Classifiers Registration Act.'
(Acts 1981, No. 81-766, p. 1308, §1.)Section 34-32-10
Section 34-32-10
Expiration and renewal of certificates.
A certificate as a registered professional soil classifier expires at 12:00 P.M. on September 30 of each even-numbered year. A certificate may be renewed by applying to the board in writing prior to the expiration date and by paying the renewal fee prescribed by this chapter.
(Acts 1981, No. 81-766, p. 1308, §10.)Section 34-32-11
Section 34-32-11
Certificates not renewed within five years.
Certificates as a registered professional soil classifier which are not renewed within five years after expiration may not be renewed, restored, reinstated or reissued thereafter. The holder of such certificate may apply for and obtain a new certificate if:
(1) No fact, circumstance or condition exists which, if the certificate was issued, would justify its revocation or suspension;
(2) He takes and passes the examination which would be required of him if he were then applying for the certificate for the first time.
(Acts 1981, No. 81-766, p. 1308, §11.)Section 34-32-12
Section 34-32-12
Fees.
The amount of the fees prescribed by this chapter shall be fixed by the board in accordance with the following schedule:
(1) The fee for filing each application for certification as a registered professional soil classifier shall be set by the board;
(2) Renewal fees for certification as a registered professional soil classifier shall be set by the board.
(Acts 1981, No. 81-766, p. 1308, §12.)Section 34-32-13
Section 34-32-13
Investigation of complaints.
The board may receive and investigate complaints against registered professional soil classifiers and persons granted temporary authorizations pursuant to this chapter and make findings thereon.
(Acts 1981, No. 81-766, p. 1308, §13.)Section 34-32-14
Section 34-32-14
Investigation of violations.
The board shall have the duty and authority to investigate violations of this chapter.
(Acts 1981, No. 81-766, p. 1308, §14.)Section 34-32-15
Section 34-32-15
Prosecution of violations.
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 of the provisions of this chapter. It shall be the duty of the secretary of the board, under the direction of the board, to aid such officers in the enforcement of this chapter.
(Acts 1981, No. 81-766, p. 1308, §15.)Section 34-32-16
Section 34-32-16
Only registered classifiers to use title.
Upon one year after enactment, it shall be unlawful for anyone other than a professional soil classifier registered under this chapter to sign or endorse as a registered professional soil classifier any plans, specifications, plats, reports, or other documents, or to use in any manner the title 'registered professional soil classifier.'
(Acts 1981, No. 81-766, p. 1308, §16.)Section 34-32-17
Section 34-32-17
Unlawful to sign documents after registration expired, suspended, etc.
It is unlawful for anyone to sign or endorse plans, specifications, plats, reports or other documents after the registration of the individual named thereof has expired or has been suspended or revoked, unless the registration has been renewed or reissued.
(Acts 1981, No. 81-766, p. 1308, §17.)Section 34-32-18
Section 34-32-18
Penalty for violations.
Any person who violates any provision of this chapter shall be guilty of a misdemeanor and for each offense for which he is convicted shall be punished by a fine of not more than $500.00 or by imprisonment in the county jail for not more than three months or by both.
(Acts 1981, No. 81-766, p. 1308, §18.)Section 34-32-19
Section 34-32-19
Receiving and accounting for moneys; separate fund in State Treasury; limitation on appropriation funds.
The secretary of the board shall receive and account for all moneys derived under the provisions of this chapter. Such moneys shall be kept in a separate fund in the State Treasury to be known as the Soil Classifier's Fund. Such fund shall be kept separate and apart from all other moneys and shall be paid out for the expenses and compensation of the board and for enforcing this chapter, upon itemized vouchers, approved by the council and attested by the secretary of the board. The moneys in said fund shall be automatically appropriated to the board for expenditure by the board each fiscal year but not in excess of $10,000.00 in any fiscal year.
(Acts 1981, No. 81-766, p. 1308, §19; Acts 1982, 2nd Ex. Sess., No. 82-793, p. 299; Acts 1985, 2nd Ex. Sess., No. 85-991, p. 348, §1.)Section 34-32-2
Section 34-32-2
Definitions.
As used in this chapter, unless a different meaning clearly appears from the context, the following words shall have the following meanings:
(1) BOARD. Alabama Soil and Water Conservation Committee for the Registration of Professional Soil Classifiers.
(2) REGISTERED PROFESSIONAL SOIL CLASSIFIER. A person entitled under this chapter to take and use the title.
(3) SOIL CLASSIFICATION. The soil science evaluation of the nature, physio-chemical properties, formation, taxonomic classification, and general land use suitability on the basis of these parameters within a soil management criteria; it shall specifically include the mapping and identification of surficial and subsurface soil profiles, and the soil management interpretation of these data. Soil classification centers on soils as the biochemically weathered part of the earth's crust, the collection of natural bodies on the earth's surface, supporting plants, with a lower limit at the deeper of either the unconsolidated mineral or organic material lying within the zone of rooting of the native perennial plants; or where horizons impervious to roots have developed the upper few feet of the earth's crust having properties differing from the underlying rock material as a result of interactions between climate, living organisms, parent material and relief.
(4) PRACTICE OF SOIL CLASSIFICATION. Any professional service which requires the application of soil classification principles and data. Such professional service includes identification and mapping of soils according to the standards of the national cooperative soil survey, consultation or evaluation.
(5) QUALIFIED PROFESSIONAL SOIL CLASSIFIERS. Such persons who, by reason of their knowledge of soil classification acquired by professional education and practical experience, are qualified to engage in the practice of soil classification as defined.
(6) RESPONSIBLE CHARGE OF WORK. The independent control and direction by the use of initiative, skill, and independent judgment of work or the supervision of such work.
(7) SUBORDINATE. Any person who assists a registered professional soil classifier without assuming the responsible charge of work.
(Acts 1951, No. 81-766, p. 1308, §2.)Section 34-32-3
Section 34-32-3
Construction of chapter.
This chapter shall not be construed to affect or prevent the practice of any other legally recognized profession. In particular, this chapter shall not be construed to affect or prevent individuals who are duly licensed by the State of Alabama Board of Registration of Professional Engineers and Land Surveyors and who are engaging in the practice of geotechnical engineering or soils engineering from conducting an engineering evaluation of the nature, physical properties, and engineering characteristics to determine the surficial and subsurface soil suitability for the environmental and structural support of constructed facilities or to evaluate surficial or subsurface soils which are to be used as a construction material.
(Acts 1981, No. 81-766, p. 1308, §3.)Section 34-32-4
Section 34-32-4
Classification services through partnership or corporation.
This chapter does not prohibit one or more professional soil classifiers from practicing through the medium of a sole proprietorship, partnership or corporation. In such partnership or corporation whose primary activity consists of classification services, at least one partner or officer shall be a registered professional soil classifier.
(Acts 1981, No. 81-766, p. 1308, §4)Section 34-32-5
Section 34-32-5
Persons subject to chapter.
Any person, except those specifically exempted by this chapter, who shall practice or offer to practice soil classification for the public in this state is subject to this chapter.
(Acts 1981, No. 81-766, p. 1308, §5.)Section 34-32-6
Section 34-32-6
Persons exempt from chapter.
The following persons shall be exempt from the provisions of this chapter:
(1) Any person not a resident of and having no established place of business in this state, practicing or offering to practice herein the profession of soil classifier when such practice does not exceed a total of 30 days in any calendar year, provided such person is legally qualified by registration to practice the said profession in his own state or country in which the requirements and qualifications for obtaining registration are not lower than those specified in this chapter.
(2) Any person not a resident of and having no established place of business in this state, or who has recently become a resident thereof, practicing or offering to practice herein for more than 30 days in any calendar year the profession of soil classifier, if he shall have filed with the board an application for registration and shall have paid the fee required by this chapter. Such exemption shall continue only for such time as the board requires for the consideration of the application for registration, provided such a person is legally qualified to practice said profession in his own state or country in which the requirements and qualifications for obtaining registration are not lower than those specified in this chapter.
(3) Any employee or a subordinate of a person holding registration under this chapter, or an employee of a person exempted from registration by subdivisions (1) and (2), provided this practice does not include responsible charge of work or evaluation.
(4) Any person in full employment by the state or United States government or who is fully employed to perform soil classifying services solely for his employer or for a subsidiary or affiliated corporation of his employer, provided the soil classification is in connection with the property, products or services of his employer.
(Acts 1981, No. 81-766, p. 1308, §6.)Section 34-32-7
Section 34-32-7
Soil and Water Conservation Committee to serve as state board; appointment of advisory council; duties, organization, etc.
(a) The Alabama Soil and Water Conservation Committee shall serve as and be the State Board of Registration for Professional Soil Classifiers, and it shall be the duty of such board to administer the provisions of this chapter. The board shall appoint an advisory council of five members, four of whom shall be qualified professional soil classifiers who shall have the qualifications required in this chapter. It shall be the duty of such council to recommend certification of those persons eligible to become registered soil classifiers. The fifth member of the advisory council shall be the administrative officer of the board. The other four members of the advisory council shall be appointed for terms of office of five years and until their respective successors have been appointed and qualified; provided that one of the initial members shall be appointed for an initial term of office ending on June 30, 1982, one shall be appointed for an initial term of office ending on June 30, 1983, one shall be appointed for an initial term of office ending on June 30, 1984, and one shall be appointed for an initial term of office ending on June 30, 1985.
(b) Four members of the advisory council shall be professional soil classifiers who have been actively engaged in the practice of professional soil classifying for a period of at least five years and who shall have been in responsible charge of soil classification for at least three years. The fifth member of the advisory council shall be the administrative officer of the Alabama Soil and Water Conservation Committee, who shall serve as an ex officio member of the advisory council with the same rights, powers and duties as the other members of the council.
(c) Each member of the advisory council shall be reimbursed for travel expenses in accordance with Title 36, Chapter 7. Such compensation and expenses shall be paid from funds derived from application and renewal fees.
(d) Vacancies in the membership of the advisory council shall be filled by appointment by the board as provided in this section and the person appointed to fill such vacancy shall serve for the unexpired term.
(e) The advisory council shall hold at least two regular meetings per year. Special meetings may be held as provided by the bylaws of the council, but not more than four such special meetings shall be held in any calendar year. The council shall elect, annually, a chairman and a vice-chairman. The administrative officer of the Alabama Soil and Water Conservation Committee shall serve as secretary-treasurer of the council. Three members of the council shall constitute a quorum.
(Acts 1981, No. 81-766, p. 1308, §7.)Section 34-32-8
Section 34-32-8
Powers of board generally.
The board shall have the following powers:
(1) To adopt and amend all bylaws, rules and regulations necessary or convenient to administer and carry out the provisions of this chapter and for the conduct of its affairs and functions consistent with the Constitution and laws of this state which may be reasonably necessary for the performance of its duties and the regulation of its proceedings, meetings, records, examinations and the conduct thereof, and to adopt and promulgate a code of ethics which shall be binding upon all persons registered under or subject to this chapter.
(2) To affix its official seal to each numbered certificate issued.
(3) To hold hearings, administer oaths, take and record testimony, to make findings, orders and determinations which shall be subject to review by the courts of this state in the manner provided by law from decisions of other boards and commissions. Upon the failure or refusal of any person to comply with any such order of the board, the board may apply to a court of any jurisdiction to enforce compliance with such orders.
(4) To apply, in the name of the state, for relief by injunction, without bond, to enforce the provisions of this chapter or to restrain any violation thereof. In such proceedings it shall not be necessary to allege or prove either that an adequate remedy at law does not exist or that substantial or irreparable damage would result from the continued violation thereof.
(5) The board shall keep a record of its proceedings and of all applications for registration, which record shall show the name, age and last known address of each applicant, the place of business of such applicant, his education, experience and other qualifications, type of examination required, whether or not a certificate of registration was granted, whether or not the applicant was rejected, the date of the action of the board, and such other information as may be deemed necessary by the board. Such record of the board, or a copy thereof, duly certified by the secretary, under seal, shall be admissible as evidence with the same force and effect as if the original was produced.
(Acts 1981, No. 81-766, p. 1308, §8.)Section 34-32-9
Section 34-32-9
Application for registration; qualifications; issuance of certificate without examination; certificate of registration; denial of registration.
(a) An application of registration as a professional soil classifier shall be made to the board on a form prescribed by it and shall be accompanied by the application fee fixed by this chapter.
(b) An applicant for registration as a professional soil classifier shall have all the following qualifications:
(1) Be of high ethical professional standards.
(2) As a professional soil classifier, be qualified pursuant to either of the following:
a. A graduate of an approved four-year college curriculum leading to a bachelor of science degree, or its equivalent, in which the applicant has majored in a soils curriculum; and with a specific record of an additional one year or more of experience in soil classification of a grade and character which indicates to the board that the applicant may be competent to practice as a soil classifier; and be otherwise qualified. Teaching soil classification courses in a college or university offering an approved four-year soil science or agronomic curriculum should be considered as experience in soil investigations;
b. A graduate of any approved four-year college curriculum, leading to a bachelor of science degree; and with a specific record of an additional two years or more experience in soil classification of a grade and character which indicates to the board that the applicant may be competent to practice as a soil classifier; and be otherwise qualified.
(3) Sit for and pass an examination before the board or its authorized representatives. Such examination will be held at certain specified times and of such scope as prescribed by the board. Generally, the examination shall test the applicant's knowledge basic to soil classification and his ability to apply that knowledge and to assume responsible charge in the professional practice of classification. An applicant failing in an examination may be examined again upon filing a new application and the payment of the application fee fixed by this chapter.
(c) The board, upon application therefor on its prescribed form and upon the payment of registration fees fixed by this chapter, may issue a certificate as a registered professional soil classifier without written examination to any person holding a certificate as a registered professional soil classifier issued to him by any state or country having similar requirements, when the applicant's qualifications meet the other requirements of this chapter and the rules established by the board.
(d) A qualified professional soil classifier practicing soil classification on May 27, 1981, may be certified upon approval of the board, if he applies to the board prior to one year after enactment.
(e) In determining the qualifications of an applicant for certification, a majority vote of the board is required.
(f) An applicant who has passed the examination or has otherwise qualified as a professional soil classifier upon payment of the registration fee fixed by this chapter, shall have a certificate as a registered professional soil classifier.
(g) 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 of notice, such applicant may make written request to the board for a hearing which, if granted, shall be heard by the board.
(Acts 1981, No. 81-766, p. 1308, §9; Acts 1991, No. 91-582, p. 1071, §1.)
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