North Carolina Board for Licensing of Geologists
NEWSLETTER
Winter 2010 • P.0. Box 41225 • Raleigh, North Carolina 27629 • 919-850-9669 • ncblg@bellsouth.net
Rules of Professional Conduct
The Licensing Board reminds each licensee that it is his/her responsibility to read, understand, and
follow the Rules of Professional Conductfor Geologists. These rules are presented in section 0.1100
of 21 NCAC 21 and can be accessed through the NCBLG website. The Board has also decided to
print the Rules in their entirety in installments in four consecutive newsletters.
In this second installment, sections .1101 (d), (e), and (f) are presented. Section (d) charges each
licensee to issue public statements only in an objective and truthful manner. Section (e) charges
each licensee not to supplant another licensee once they are selected in an employment situation.
Section (f) charges each licensee to avoid conflicts of interest. Each section is presented in its
entirety below.
21 NCAC 21 .1101 RULES OF PROFESSIONAL CONDUCT (continued)
(d) The geologist shall issue public statements only in an objective and truthful manner:
1. The geologist shall be completely objective and truthful in all professional reports, statements,
or testimony. He shall include all relevant and pertinent information in such reports, statements or
testimony.
2. The geologist when serving as an expert or technical witness before any court, commission, or
other tribunal shall express an opinion only when it is founded upon adequate knowledge of the
facts in issue, upon a background of technical competence in the subject matter, and upon honest
conviction of the accuracy and propriety of his testimony.
3. The geologist will issue no statements, criticisms, or arguments on geologic matters connected with
public policy which are inspired or paid for by an interested party or parties unless he has prefaced
his comments by explicitly identifying himself, by disclosing the identities of the party or parties on
whose behalf he is speaking, and by revealing the existence of any pecuniary interest he may have
in the instant matters.
4. The geologist shall not attempt to injure, maliciously or falsely, directly or indirectly, the professional
reputation, prospects, practice, or employment of another geologist, nor shall he maliciously criticize
another geologist’s work in public. If he believes that another geologist is guilty of misconduct or
illegal practice, he shall present such information to the Board for action.
(e) The geologist shall not attempt to supplant another geologist in a particular employment after
becoming aware that the other has been selected for the employment
(f) The geologist shall avoid conflicts of interest:
1 . The geologist shall conscientiously avoid conflicts of interest with his employer or client, but when
unavoidable, the geologist shall forthwith disclose the circumstances to his employer or client.
2. The geologist shall avoid all known conflicts of interest with his employer or client, and shall
promptly inform his employer or client of any business association, interest, or circumstances which
could influence his judgment or the quality of his services.
3. The geologist shall not accept compensation, financial or otherwise, from more than one party for
services on the same project, orfor services pertaining to the same project, unless the circumstances
are fully disclosed to, and agreed to, by all those parties.
4. The geologist shall not solicit or accept financial or other valuable considerations from material or
equipment suppliers for specifying their products.
5. The geologist shall not solicit or accept substantial gratuities, directly or indirectly, from contrac¬
tors, their agents, or other parties dealing with his client or employer in connection with work for
which he is responsible.
6. When in public service as a member, advisor, or employee of a governmental body or department,
the geologist shall not participate in considerations or actions with respect to services provided by
him or his organization in private geological practices.
7. The geologist shall not solicit or accept a geologic contract from a governmental body on which
a principal or officer of his business serves as a member.
Chairman’s
Message
As the Academic Board Member, I want to iden¬
tify two items that are of importance to me. The
first concerns the Board's stance on continuing
education for our licensees. NCBLG does not
require our licensees to complete continuing
education credits to maintain their professional
license. However, the Board expects that
each licensee understands the importance of
continuing education in staying up-to-date in
your area of expertise. Educational activities
are excellent opportunities to support or expand
your experience in your area(s) of expertise.
Section 1101-2C of the Rules of Professional
Conduct (21 NCAC 21 ), which was reproduced
in the Fall 2009 Board Newsletter, addresses
the importance of education. That section
states that:
“The geologist shall undertake to perform
geologic assignments only when qualified by
education or experience in the specific techni¬
cal field of geology involved”, and
The geologist shall not affix his signature and
seal to any document dealing with subject
matter for which he lacks competence by
virtue of education or experience... .or docu¬
ment not prepared under his direct supervisory
control...”.
While these statements include the words
“education or experience" not “education and
experience", the Board generally does not view
education, without experience, as sufficient to
qualify someone as being proficient in an area
of expertise. Education alone is generally not
sufficient to produce a work product that would
protect the safety, health, and welfare of the
public. Yet, it is the view of the Board that
successful completion of continuing education
courses can support and expand the licensee's
experience in their area(s) of expertise, result¬
ing in a superior work product that serves to
protect the public.
The second item I want to point out is that my
term on the NCBLG will expire this summer.
We are searching for an academic licensed
Geologist to replace me on the Board. If you
are interested, or know of a professor who may
be interested, please contact Barbara Geiger.