The Wise Report
Henry M. Wise, P.G.
December 21, 2013
The Texas Board of Professional Geoscientists (TBPG) adopts an amendment to 22 TAC §850.62, concerning the general powers and duties of the TBPG, without changes to the proposed text as published in the August 30, 2013, issue of the Texas Register (38 TexReg 5676). The amendment implements the requirements provided in Senate Bill (SB) 138. Language was added to the rule to require the TBPG to work with other state agencies that use the services of a person licensed by the Board to educate their employees on how complaints are filed with and resolved by the TBPG.
The TBPG or Board also adopts amendments to 22 TAC §§851.10, 851.101, and 851.157 concerning the licensure and regulation of Professional Geoscientists. TBPG adopts §851.10 and §851.101 without changes to the proposed text as published in the August 30, 2013, issue of the Texas Register (38 TexReg 5677). TBPG adopts §851.157 with changes to the proposed text as published in the August 30, 2013, issue of the Texas Register (38 TexReg 5677). The amendments to §851.10 and §851.101 are administrative in nature and move a sentence regarding TBPG's jurisdiction over a license, registration or certification from §851.10 to §851.101. The amendments to §851.157 provide that a state agency that becomes aware of a potential violation of the Act or a rule adopted by the Board may fulfill the requirements of the Act by filing a formal complaint with the Board or providing the information relating to the potential violation in writing to TBPG staff; it also provides that a state agency will notify TBPG regarding the confidentiality of information it provides. Adopted amendments to §851.157 also provide that information provided by a state agency that is privileged or confidential remains privileged or confidential following receipt by the Board. Adopted amendments to §851.157 also specify that complaints must be submitted to the authorized deputy to the Secretary-Treasurer and that the Board shall accept a complaint regardless of whether the complaint is notarized.
For more information go to: http://www.sos.state.tx.us/texreg/sos/Adopted%20Rules/22.EXAMINING%20BOARDS.html#120
Henry M. Wise, P.G.
The Wise Report
12/21/2013