Board Meeting (11/17/2015)

NC Board for Licensing of Geologists

Minutes

November 17, 2015

Guilford College – Greensboro, NC

The meeting was called to order at 9:16 am by Board Chairman Rick Kolb.  Others present included Bill Miller, John Stevens, Kenneth Taylor, Lindsey Walata, Barbara Geiger, Board Administrator and Jennie Hauser, acting Board Counsel.  Mr. Kolb read the conflict of interest statement.  Dr. Taylor noted that, as the State Geologist and employee of the NC Department of Environmental Quality, he will refrain from participating in the deliberation or taking any action by the Board with respect to any application for licensing submitted by an employee of the Department.  Steve Miller was not in attendance.

Welcome and Introductions

Approval of Minutes

Following review of the minutes of the August 11, 2015 meeting of the Board, motion was made by Bill Miller and seconded by Lindsey Walata to accept the minutes as amended by deleting the name of the Board member who cast the negative vote for the request for waiver of back fees.

Financial Report

The first quarter financial report was reviewed, discussed and accepted by the Board.  Ms. Geiger was asked to update the name of the ASBOG dues category to ASBOG Annual Dues for clarity.

Administrative Report

License Update/Exam Update

Ms. Geiger reported that there are currently 1338 individual licensees and 238 corporate licenses. Ms. Geiger reported that 34 candidates sat for Part One and 10 candidates sat for Part Two of the ASBOG exam in October.

License Renewal Suggestions from Licensee

Ms. Geiger read a letter from a licensee who shared his concerns regarding license renewal and notification of license renewal.  The licensee suggested that the Board consider automatic license renewal.  Following discussion, it was determined that this method of license renewal would not be cost effective and could present unknown liabilities for the Board.

Website Estimate/Maintenance

Ms. Geiger presented a project estimate to the Board from ClickCulture for website updates and maintenance.  Following discussion, motion was made by Kenneth Taylor to accept the proposal for maintenance at $600/month, with the understanding that the specified updates would be made within this dollar amount, and to enter into a one-year contract.  The motion was seconded by Dr. Miller and carried.  Ms. Geiger was asked to inquire regarding “banking” of unused maintenance hours.

Legal Update

Jennie Hauser provided Board training as required by NCGS § 93B-5(g)(1).  Ms. Hauser made the Board aware of pending legislation NCGS § 93B-8.2 (HB 760) regarding Board investigators. Following discussion, the Board determined that thought should be given to how to construct an investigative unit to comply with the statute, once enacted.  NCGS § 93B-15.1 and 15.1(c1) regarding licensure for individuals with military training and experience and endorsement for military spouses was reviewed and discussed.  Ms. Hauser noted that the Board is required to make accommodations per the statute.  It was determined that a policy should be developed that would ultimately be part of the rules of the Board.  The Board then discussed Session Law 2015-241 NCGS § 143-215.94B(b) and the phasing out of the non-commercial leaking UST fund.  Ms. Geiger informed the Board that she had received several phone calls related to the matter.  Following discussion, it was determined that a statement with a link to the Statute be posted on the Board website noting that the Board does not take a position on the matter and that licensed geologists should follow the guidelines.

Ms. Hauser noted that exceptions had been filed in the matter of Payne v. NCBLG, 14 BOG 3255.

ASBOG

Dr. Miller reported on the Fall Council of Examiners (COE) and the Field Trip held in conjunction with the meeting.  Rick Kolb reported on the Annual Meeting.  The Spring meeting will be held in Baton Rouge, Louisiana April 7-9, 2016.  Mr. Stevens and Dr. Miller expressed interest in attending.

Old Business

Academic Requirements

Dr. Miller discussed the suggested Academic Guidelines that he had prepared.  He noted that he had reviewed the guidelines that were prepared in mid-2000’s by Dr. Charles Almy, the academic member of the Board at that time, and that both documents were quite similar.  Dr. Miller will make minor adjustments to the document and present it to the Board for final review and approval at the January 2016 meeting of the Board.  It was determined that the document should be posted on the Board website to assist those individuals preparing to make application to take the ASBOG exam.

Meeting with DWM and DEQ

The Board chair reported on the meeting with DWM and DEQ attended by him, Ms. Walata and Dr. Taylor.  Topics of discussion included licensure and reporting of unsatisfactory practice.  Ms. Geiger was asked to post the slide presentation that was used at the meeting on the Board website.

Continuing Education

The Board discussed the issue of the availability of continuing education opportunities.  It was determined that the issue should be reviewed in greater detail, i.e., what other State geology licensing boards require continuing education, how many hours are required by those boards and the various methods of reporting and auditing.  Dr. Taylor made the motion that a survey be drafted to submit to licensees to inquire regarding the opinion regarding a potential CE requirement.  Dr. Taylor will prepare documents for review by Board members at the January meeting.  The motion was seconded by John Stevens and carried.

Emeritus Status

There was discussion regarding possible scenarios to offer an emeritus license for older, retired licensees.  The Board determined that since the issue is not addressed in either the Board statute or rules that emeritus status is not possible at this time.

Use of @ncblg email addresses

The Board chair noted that the use of @ncblg email addresses assigned to Board members be used by all Board members including the administrator.  Dr. Taylor is exempt from the requirement as an employee of DEQ.

Ms. Geiger was asked to order Board shirts for Dennis LaPoint and Steve Miller.

New Business

ASTM International Standard Practice – Phase I

The Board chair noted that this issue should be pursued methodically and that he and Ms. Walata would work together on the matter.

Consulting vs Providing Services @ Site Remediation

Ms. Geiger asked for clarification of consulting vs providing geological services for site remediation.  She was informed that a license is not required for those who are actually doing the work for which a licensed geologist is overseeing and preparing reports.

GSA Regional Meeting – Columbia, SC March 31-April 1, 2016

The regional meeting of the Geological Society of America is scheduled for March 31-April 1, 2016.  Dr. Taylor, Dr. Miller and Mr. Stevens expressed an interest in attending.

Seal Requirements 89E-13

Following discussion of the statute and the rules, the Board determined that the geologist’s seal should be placed on any cover letter, drawings, reports, maps or other attachments prepared by the licensee.  In the case of an exempt State employee, there should be a disclaimer quoting the exemption in the law.

Motion was made by Dr. Taylor and seconded by Ms. Walata to move into closed session per § 143-318.11(a).  The motion carried.

Following a motion by Dr. Taylor and second by Ms. Walata, the Board resumed the open session.

Motion to accept the applications and action taken by the Board in closed session was made by Dr. Taylor, seconded by Dr. Miller, and carried unanimously.

It was noted that the next meeting of the Board is scheduled for Tuesday, January 26 at 9:00 am at the Board office.

There being no further business, the meeting adjourned at 3:46 pm.

Respectfully submitted,

John Stevens

Secretary-Treasurer