The Board proposes the rule amendment to clarify the definition of “Responsible Charge” and to add the definition of “Responsible Position.”

 

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
Board of Professional Geologists

RULE NO.: RULE TITLE:
61G16-1.009Definitions
PURPOSE AND EFFECT: The Board proposes the rule amendment to clarify the definition of “Responsible Charge” and to add the definition of “Responsible Position.”
SUMMARY: The definition of “Responsible Charge” will be clarified. The definition of “Responsible Position” will be added to the rule.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:
The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the agency.
The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: During discussion of the economic impact of this rule at its Board meeting, the Board, based upon the expertise and experience of its members, determined that a Statement of Estimated Regulatory Costs (SERC) was not necessary and that the rule will not require ratification by the Legislature. No person or interested party submitted additional information regarding the economic impact at that time.
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
RULEMAKING AUTHORITY: 492.104 FS.
LAW IMPLEMENTED: 492.105, 492.111 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Richard Morrison, Executive Director, Board of Professional Geologists, 1940 North Monroe Street, Tallahassee, Florida 32399-0754

THE FULL TEXT OF THE PROPOSED RULE IS:

61G16-1.009 Definitions.

As used in Chapter 492, F.S., and in these rules where the context will permit the following terms have the following meanings:

(1) “Responsible Charge” shall mean one who is accountable for and exercises direct control and personal supervision of oneself’s and others’ geological work done by oneself or by others with initiative, skill and independent scientific judgment over whom the applicant exercises supervisory authority.

(2)  “Responsible Position” shall mean a position in which one performs geological work with initiative, skill and independent judgment, under the supervision and direction of a professional geologist licensed under Chapter 492, Florida Statutes, a professional engineer licensed under Chapter 471, Florida Statutes, or other qualified professional.

(3)(2) No change.

Rulemaking Authority 492.104 FS. Law Implemented 492.105, 492.111 FS. History–New 4-27-88, Formerly 21DD-1.009, Amended 11-15-93, 5-14-97, 3-5-01, 12-19-11,                           .

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Board of Professional Geologists
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Board of Professional Geologists
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: October 25, 2012
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: February 22, 2013