CHAPTER Soil 100 DEFINITIONS, ORGANIZATION AND PUBLIC
INFORMATION
PART
Soil 101 PURPOSE AND SCOPE
Soil 101.01 Purpose and Scope. The rules of this title implement the
statutory responsibilities of the New Hampshire board of natural scientists
created by RSA 310-A:81. These
provisions regulate but are not limited to the certification of soil and
wetland scientists and the practice of soil and wetland science in the state of
Source. #6231, eff 4-26-96; ss
by #8006, eff 12-18-03
PART
Soil 102 DEFINITIONS
Soil 102.01 Terms Used. As used in these rules, the following terms shall
have the meanings indicated:
(a) “Apprentice” means those persons who are in
the process of completing the requirements for the classifications of either a soil
scientist or wetland scientist in accordance with Soil 300.
(b) "Board" means the New Hampshire
board of natural scientists created by RSA 310-A:81.
(c) "Executive director" means the
board’s staff director, a person with delegated authority to perform
administrative and clerical functions for the board.
(d) "Pedological principles" means “but
is not limited to, the taxonomic identification, classification, and
morphological description of soils as natural bodies” as defined in RSA
310-A:76, III.
(e) "Practice of soil science" means
“practice of soil science” as defined in RSA 310-A:76, IV namely “any professional
service that requires the application of pedological principles to identify,
classify, and prepare maps delineating soils according to the standards of the
National Cooperative Soil Survey or other standards approved by the board.”
(f) "Soil scientist" means, “soil
scientist” as defined in RSA 310-A:76, II namely "a person who, by reason
of special knowledge of pedological principles acquired by professional
education and practical experience, as specified by RSA 310-A:84, I and II, is
qualified to identify, classify, and prepare soil maps according to the
standards of the National Cooperative Soil Survey, or standards adopted by the
New Hampshire department of environmental services, or standards adopted by the
board, and who has been duly certified by the board."
(g) "Wetland scientist" means, “wetland
scientist” as defined in RSA 310-A:76, II-a namely "a person who, by
reason of his or her special knowledge of hydric soils, hydrophytic vegetation,
and wetland hydrology acquired by course work and experience, as specified by
RSA 310-A:84, II-a and II-b, is qualified to delineate wetland boundaries and
prepare wetland maps to implement wetland mitigation; to monitor wetlands
functions and values; and to prepare associated reports, all in accordance with
standards for identification of wetlands adopted by the New Hampshire
department of environmental services or the United States Army Corps of
Engineers or its successor, and who has been duly certified by the board."
Source. #4676, eff 9-20-89,
EXPIRED: 9-20-95
New. #6231, eff 4-26-96; ss by #8006, eff 12-18-03; ss
by #13640, 7-18-23
PART
Soil 103 BOARD ORGANIZATION
Soil 103.01 Duties and Responsibilities. The board shall administer the provisions of
RSA 310-A:75-97 which include but are not limited to fostering intelligent
application of the knowledge of soil properties and wetland characteristics in
planning and implementing land use decisions in this state.
Source. #4676, eff 9-20-89,
EXPIRED: 9-20-95
New. #6231, eff 4-26-96; ss by #8006, eff 12-18-03
Soil 103.02 Composition of the Board. Pursuant to RSA 310-A:81, I the
board shall consist of 7 members who meet the eligibility requirements of RSA
310-A:81, I, II.
Source. #4676, eff 9-20-89,
EXPIRED: 9-20-95
New. #6231, eff 4-26-96; ss by #8006, eff 12-18-03
Soil 103.03 The Chairperson and Vice Chairperson. The chairperson shall preside at all
meetings. In the absence of the chairperson,
the vice-chairperson shall preside.
Source. #6231, eff 4-26-96; ss by #8006, eff 12-18-03
Soil 103.04 Staff.
The board shall designate an executive director and such other staff
members as are necessary to perform the record-keeping and other statutory
functions of the board and to oversee the board’s day-to-day operations.
Source. #8006, eff 12-18-03
Soil 103.05 Organization. In October of even years, the board
shall meet and organize and, by election from among its members, select a chairperson,
vice-chairperson and secretary.
Source. #8006, eff 12-18-03
Soil 103.06 Seal. The seal of the board shall be an embossed
circular seal consisting of an outer Circle and an inner circle. Between the outer and inner circle shall be
the words “Office of Professional Licensure and Certification” and “N.H. Board,
Counsels, and Commissions”. Inside the
inner circle shall be an outline of the State of New Hampshire and the letters
“OPLC”.
Source. #8006, eff
12-18-03; ss by #13640, eff 7-18-23
Soil 103.07 Office Hours, Office Location, Mailing
Address and Telephone.
(a) The board’s office shall be located at the Office of Professional Licensure and
Certification, 7 Eagle Square,
Concord, N.H. and shall be open to the public weekdays, excluding holidays,
from 8:00 a.m. to 4:00 p.m.
(b) Correspondence shall be addressed to the
board’s executive director at:
Office of Professional Licensure and Certification
7 Eagle Square
Concord, N.H. 03301
(c) The board’s telephone number shall be
(603)-271-2152.
Source. #8006, eff 12-18-03; ss by #13640, eff 7-18-23
PART Soil 104 PUBLIC INFORMATION
Soil
104.01 Record of Board Actions. Minutes shall be kept of board meetings and
of official actions taken by the board. Minutes of board actions which are not
confidential under
Source. #8006, eff 12-18-03; ss by #9884,
eff 3-11-11
Soil
104.02 Custodian of Records. Persons desiring copies of board records
shall submit a request which identifies as particularly as possible the information
being sought and agrees to pay the actual costs incurred by the board for the
documents provided. If records are
requested which contain both public and confidential information, the board
shall delete the confidential information and provide the remaining information.
Source. #8006, eff 12-18-03
Soil.
104.03 Roster Distribution. Copies of a roster containing names,
addresses, and assigned
PART Soil 105 MEETINGS, DELIBERATIONS AND DECISIONS
Soil
105.01 Meetings. Regular meetings shall be held at least 3
times each year. Special meetings shall
be called by order of the chairperson or secretary. Each member of the board shall be notified in
writing of each meeting and such notice shall contain the place, date, time,
and subject of the meeting. Notice of
meetings shall be posted at the board office and the state house.
Source. #8006, eff 12-18-03
Soil
105.02 Quorum. A quorum of the board shall consist of not
less than 4 members and a majority vote by the members present shall be
necessary to pass a motion unless otherwise specified by law. In the absence of the chair, vice chair, or
secretary, a quorum of the board shall designate a pro tempore officer for the
officer or officers absent.
Source. #8006, eff 12-18-03
Soil
105.03 Board Meeting Procedures. The board shall conduct its meetings in the
following order:
(a) Call to order;
(b) Adjudicative proceedings/presentations by or
discussions with the public;
(c) Reading of the minutes;
(d) Reading of communications;
(e)
(f) Unfinished business;
(g) New business; and
(h) Adjournment.
Source. #8006, eff 12-18-03
Soil
105.04 Procedures. Roberts Rules of Order, 9th edition dated
1990 shall govern the procedures of the board.
Source. #8006, eff 12-18-03
Soil
105.05 Tentative Decisions.
(a) When necessary to conduct the board’s
business in a timely and efficient manner, the board shall instruct its staff
or a committee of the board to prepare a draft document, subject to subsequent
review and approval by the board. Such instructions shall be known as tentative
decisions.
(b) Tentative decisions shall not be final actions,
and shall not be binding upon the board. Changes in the form or the substance
of a tentative decision shall be made as often as necessary to produce a final
document, which satisfactorily sets forth the final result
the board intends to reach. The board’s final decision shall be issued only
when the necessary majority has voted in favor of the final form of the
proposed action, allowing time for printing or servicing the document in
question.
Source. #8006, eff 12-18-03
PART Soil 106 APPOINTMENT OF COMMITTEES
Soil
106.01 Committees.
(a) A committee shall consist of one or more of
board members who have been directed by the board to investigate and make recommendations
on matters which could be handled by the full board.
(b) When expressly authorized by the board, the
authority of a committee shall include:
(1) The retention of voluntary assistance from
qualified non-board members; and
(2) The retention of paid advisors or consultants
pursuant to RSA 332:G-3.
Source. #8006, eff 12-18-03
CHAPTER Soil 200 PRACTICE AND PROCEDURE
PART
Soil 201 PURPOSE AND SCOPE
Soil
201.01 Purpose and Scope. The board shall conduct various proceedings
for the purpose of acquiring sufficient information to make fair and reasoned
decisions on matters within its statutory jurisdiction, including decisions on
applications for certification and complaints filed against certificate holders
and others in the practice of soil and wetland science. These rules are intended to secure the just,
efficient and accurate resolution of all board proceedings.
Source. #4676, eff 9-20-89,
EXPIRED: 9-20-95
New. #6232, eff 4-26-96; ss by #8007-A, eff 12-18-03
PART
Soil 202 DEFINITIONS
Soil
202.01 Purpose and Scope.
(a) “Appearance” means a written notification to
the board that a party or a party’s representative intends to actively
participate in a hearing.
(b) “Hearing” means “adjudicative proceeding” as
defined by RSA 541-A:1, I, namely, “the procedure to be followed in contested
cases, as set forth in RSA 541-A:31 through RSA 541-A:36.”
(c) “Motion” means a request to the presiding
officer for an order or ruling directing some act to be done in favor of the
party making the motion, including a statement of justification or reasons for
the request.
(d) “Natural person” means a human being.
(e) “Party” means “party” as defined by RSA 541-A:1,
XII, namely, “each person or board named or admitted as a party, or properly
seeking and entitled as a right to be admitted as a party.” The term “party” includes all intervenors in
a proceeding, subject to any limitations established pursuant to RSA 541-A:33,
III.
(f) “Person” means “person” as defined by RSA
541-A:1, XIII, namely, “any individual, partnership, corporation, association,
governmental subdivision, or public or private organization of any character
other than a board.”
(g) “Presiding officer” means presiding officer
as defined in RSA 541-A:1, XIV, namely, “that individual to whom the board has
delegated the authority to preside over a proceeding, if any; otherwise it
shall mean the head of the board.”
(h) “Proof by a preponderance of the evidence”
means a demonstration by admissible evidence that a fact or legal conclusion is
more probable than not to be true.
Source. #4676, eff 9-20-89,
EXPIRED: 9-20-95
New. #6232, eff 4-26-96; ss by #8007-A, eff 12-18-03
PART
Soil 203 PRESIDING OFFICER; WITHDRAWAL
AND WAIVER OF RULES
Soil
203.01 Presiding Officer;
Appointment; Authority.
(a) All hearings shall be conducted for the board
by a natural person appointed or authorized to serve as a presiding officer.
(b) A presiding officer shall as necessary:
(1) Regulate and control the course of a hearing;
(2) Facilitate an informal resolution acceptable
to all parties;
(3) Administer oaths and affirmations;
(4) Receive relevant evidence at hearings and
exclude irrelevant, immaterial or unduly repetitious evidence;
(5) Rule on procedural requests, including
adjournments or postponements, at the request of a party or on the presiding officer's
own motion;
(6) Question any witness to develop a complete
record;
(7) Cause a complete record of any hearing to be
made, as specified in RSA 541-A:31, VI; and
(8) Take any other action consistent with
applicable statutes, rules and case law necessary to conduct the hearing and
complete the record in a fair and timely manner.
Source. #4676, eff 9-20-89,
EXPIRED: 9-20-95
New. #6232, eff 4-26-96; ss by #8007-A, eff 12-18-03
Soil
203.02 Withdrawal of Presiding
Officer.
(a) Upon his or her own initiative or upon the
motion of any party, a presiding officer or board official shall, for good
cause withdraw from any hearing.
(b) Good cause shall exist if a presiding officer
or board official:
(1) Has a direct interest in the outcome of a
proceeding, including, but not limited to, a financial or family relationship;
(2) Has made statements or engaged in behavior
which objectively demonstrates that he or she has prejudged the facts of a
case;
(3) Personally believes that he or she cannot
fairly judge the facts of a case; or
(c) Mere knowledge of the issues, the parties or
any witness shall not constitute good cause for withdrawal.
Source. #4676, eff 9-20-89,
EXPIRED: 9-20-95
New. #6232, eff 4-26-96; ss by #8007-A, eff 12-18-03
Soil 203.03 Waiver or Suspension of Rules by Presiding
Officer. The presiding officer, upon
his or her own initiative or upon the motion of any party, shall suspend or
waive any requirement or limitation imposed by this chapter upon reasonable
notice to affected persons when the proposed waiver or suspension appears to be
lawful, and would be more likely to promote the fair, accurate and efficient
resolution of issues pending before the board than would adherence to a
particular rule or procedure.
Source. #8007-A,
eff 12-18-03
PART
Soil 204 FILING, FORMAT AND DELIVERY OF
DOCUMENTS
Soil
204.01 Date of Issuance or Filing.
All documents governed by these rules shall
be rebuttably presumed to have been issued on the date noted on the document
and to have been filed with the board on the actual date of receipt by the
board, as evidenced by a date stamp placed on the document by the board in the
normal course of business.
Source. #6232, eff 4-26-96; ss by #8007-A, eff 12-18-03
Soil 204.02 Format of Documents.
(a)
All correspondence, pleadings, motions or other documents filed under
these rules shall:
(1) Include the title and docket number of the
proceeding, if known;
(2) Be typewritten or clearly printed on durable
paper 8 1/2 by 11 inches in size;
(3)
Be signed by the party or proponent of the document, or, if the party appears
by a representative, by the representative; and
(4) Include a statement certifying that a copy of
the document has been delivered to all parties to the proceeding in compliance
with Soil 204.03.
(b)
A party or representative's signature on a document filed with the board
shall constitute certification that:
(1) The signer has read the document;
(2) The signer is authorized to file it;
(3) To the best of the signer’s knowledge,
information and belief there are good and sufficient grounds to support it; and
(4) The document has not been filed for purposes
of delay.
Source. #6232, eff 4-26-96; ss by #8007-A, eff 12-18-03
Soil 204.03 Delivery of Documents.
(a)
Copies of all petitions, motions, exhibits, memoranda, or other
documents filed by any party to a proceeding governed by these rules shall be
delivered by that party to all other parties to the proceeding.
(b)
All notices, orders, decisions or other documents issued by the
presiding officer or board shall be delivered to all parties to the proceeding.
(c)
Delivery of all documents
relating to a proceeding shall be made by personal delivery or by depositing a
copy of the document, by first class mail, postage prepaid, in the United
States mail, addressed to the last address given to the board by the party or
if represented to the party’s representative.
(d)
When a party appears by a representative, delivery of a document to the
party's representative at the address stated on the appearance filed by the
representative shall constitute delivery to the party.
Source. #6232, eff 4-26-96; ss by #8007-A, eff 12-18-03
PART
Soil 205 TIME PERIODS
Soil 205.01 Computation of Time.
(a)
Unless otherwise specified, all time periods referenced in this chapter
shall be calendar days.
(b)
Computation of any period of time referred to
in these rules shall begin with the day after the action which sets the time
period in motion, and shall include the last day of the period so computed.
(c)
If the last day of the period so computed falls on a Saturday, Sunday or
legal holiday, then the time period shall be extended
to include the first business day following the Saturday, Sunday or legal
holiday.
Source. #6232, eff 4-26-96; ss by #8007-A, eff 12-18-03
PART
Soil 206 MOTIONS AND PLEADINGS
Soil 206.01 Motions; Objections.
(a)
Motions shall be in written form and filed with the presiding officer,
unless made in response to a matter asserted for the first time at a hearing or
on the basis of information which was not received in
time to prepare a written motion.
(b)
Oral motions and any oral objection to such motions shall be recorded in
full in the record of the hearing. If
the presiding officer finds that the motion requires additional information in order to be fully and fairly considered, the presiding
officer shall order the moving party to submit the motion in writing, with
supporting information within 5 days of the order. Objections to such motions
shall be filed within 5 days of the filing of the motion.
(c)
Objections to written motions shall be filed within 30 days of the date
of the motion;
(d)
Failure by an opposing party to object to a motion shall not in and of
itself constitute grounds for granting the motion.
(e)
The presiding officer shall rule upon a motion after full consideration
of all objections and other factors relevant to the motion.
Source. #8007-A,
eff 12-18-03
Soil 206.02 Pleadings.
(a)
The only pleadings permitted shall be petitions, other than for
rulemaking, and replies to petitions. Applications shall not be considered
pleadings.
(b)
All petitions shall contain:
(1) The name and address of the petitioner;
(2) The name and address of the petitioner's
representative, if any;
(3) A concise statement of the facts that caused
the petitioner to request the board to act;
(4) The action that the petitioner wishes the
board to take; and
(5) The identification of any statutes, rules,
orders, or other authority that entitles the petitioner to request the board to
act.
(c)
Board replies to petitions shall contain:
(1) The name and address of the petitioner;
(2) The name and address of the representative of
the petitioner, if any;
(3) A statement addressing each fact alleged in
the petition;
(4) A statement addressing the authority
identified by the petitioner;
(5) A concise response to each statement;
(6)
The identification of any statutes, rules, orders, or other authority, not identified
in the petition, having a bearing upon the subject matter of the petition; and
(7) The action the board took.
(d)
Replies shall be filed within 90 days from the date of the petition.
Source. #8007-A,
eff 12-18-03
PART
Soil 207 NOTICE OF HEARING; APPEARANCES;
PRE-HEARING CONFERENCES
Soil 207.01 Commencement of Hearing. A hearing shall be commenced by an order of
the board giving notice to the parties at least 30 days prior to the hearing as
required by Soil 207.03.
Source. #8007-A,
eff 12-18-03
Soil 207.02 Docket Numbers. A docket number shall be assigned to each
matter to be heard which shall appear on the notice of hearing and all
subsequent orders or decisions of the board.
Source. #8007-A,
eff 12-18-03
Soil 207.03 Notice of Hearing.
(a)
A notice of a hearing issued by the board at least 30 days prior to the
hearing and shall contain the information required by RSA 541-A:31, III, namely:
(1) A statement of the time, place and nature of
any hearing;
(2) A statement of the legal authority under
which a hearing is to be held;
(3) A reference to the particular
statutes and rules involved including this chapter;
(4) A short and plain statement of the issues
presented;
(5) A statement that each party has the right to have
an attorney represent them at their own expense; and
(6) A statement that each party has the right to
have the board provide a certified shorthand court reporter at the party’s
expense and that any such request shall be submitted in writing at least 10
days prior to the hearing.
Source. #8007-A,
eff 12-18-03
Soil 207.04 Appearances and Representation.
(a)
A party or the party’s representative shall file an appearance that includes
the following information:
(1) A brief identification of the matter;
(2) A statement as to whether
or not the representative is an attorney; and
(3) The party or representative's daytime address
and telephone number.
Source. #8007-A,
eff 12-18-03
Soil 207.05 Prehearing Conference. Any party may request, or the presiding
officer shall schedule on his or her own initiative, a pre-hearing conference
in accordance with RSA 541-:31V to consider:
(a)
Offers of settlement;
(b)
Simplification of the issues;
(c)
Stipulations or admissions as to issues of fact or proof by consent of
the parties;
(d)
Limitations on the number of witnesses;
(e)
Changes to standard procedures desired during the hearing by consent of
the parties;
(f)
Consolidation of examination of witnesses; and
(g)
Any other matters which aid in the disposition of the proceeding.
Source. #8007-A,
eff 12-18-03
PART
Soil 208 ROLES OF BOARD STAFF AND
COMPLAINANTS
Soil 208.01 Role of Board Staff in Enforcement or
Disciplinary Hearings. Unless called
as witnesses, board staff as defined in Soil 103.04 shall have no role in any
enforcement or disciplinary hearing.
Source. #8007-A,
eff 12-18-03
Soil 208.02 Role of Complainants in Enforcement or
Disciplinary Hearings. Unless called
as a witness or granted party or intervenor status, a person who initiates an
adjudicative proceeding by complaining to the board about the conduct of person
who becomes a party shall have no role in any enforcement or disciplinary
hearing.
Source. #8007-A,
eff 12-18-03
PART
Soil 209 INTERVENTION
Soil 209.01 Intervention.
(a)
A non-party may intervene in a matter pending before the board under the provisions of RSA 541-A:32, by
filing a motion stating facts demonstrating that the non-party's rights or
other substantial interests might be affected by the proceeding or that the
non-party qualifies as an intervenor under any provision of law.
(b)
If the presiding officer determines that such intervention would be in
the interests of justice and would not impair the orderly and prompt conduct of
the hearing, he or she shall grant the motion for intervention.
(c)
Participation by intervenors shall be limited to that which is necessary
to protect the interest identified in the petition for intervention.
(d)
Petitions for intervention shall be filed any time after commencement of
a proceeding, and state:
(1) The petitioner's interest in the subject matter
of the hearing;
(2) Whether the petitioner appears in support of
the complainant, or the respondent, as well as for his or her own interest;
(3) Why the interests of the parties and the
orderly and prompt conduct of the proceeding would not be impaired; and
(4) Any other reasons why the petitioner should
be permitted to intervene.
(e)
A person filing a complaint that becomes the subject of a disciplinary
hearing shall be served with the hearing notice and notified of the right to
intervene in the proceeding.
(f)
Once granted leave to intervene, an intervenor shall take the proceeding
as he or she find it and no portion of the proceeding shall be repeated because
of the fact of intervention.
Source. #8007-A,
eff 12-18-03
PART
Soil 210 POSTPONEMENT REQUESTS AND
FAILURE TO ATTEND HEARING
Soil 210.01 Postponements.
(a)
Any party to a hearing may make an oral or written motion that a hearing
be postponed to a later date or time.
(b)
If a postponement is requested by a party to the hearing, it shall be
granted if the presiding officer determines that good cause has been
demonstrated. Good cause shall include
the unavailability of parties, witnesses or attorneys necessary to conduct the
hearing, the likelihood that a hearing will not be necessary because the
parties have reached a settlement or any other circumstances that demonstrate
that a postponement would assist in resolving the case fairly.
(c)
If the later date, time and place are known at the time of the hearing
that is being postponed, the date, time and place shall be stated on the
record. If the later date, time and
place are not known at the time of the hearing that is being postponed, the presiding
officer shall issue a written scheduling order stating the date, time and place
of the postponed hearing as soon as practicable.
Source. #8007-A,
eff 12-18-03
Soil 210.02 Failure to Attend Hearing. If any party to whom notice has been given in
accordance with Soil 207.03 fails to attend a hearing, the presiding officer
shall declare that party to be in default and either:
(a)
Dismiss the case, if the party with the burden of proof fails to appear;
or
(b)
Hear the testimony and receive the evidence offered by a party, if that party has the burden of proof in the case.
Source. #8007-A,
eff 12-18-03
PART
Soil 211 REQUESTS FOR INFORMATION OR
DOCUMENTS
Soil 211.01 Voluntary Production of Information.
(a)
Each party shall attempt in good faith to completely and timely respond
to requests for the voluntary production of information or documents relevant
to the hearing.
(b)
When a dispute between parties arises concerning a request for the voluntary
production of information or documents, any party may file a motion to compel
the production of the requested information under Soil 211.02.
Source. #8007-A,
eff 12-18-03
Soil 211.02 Motions to Compel Production of
Information.
(a)
Any party may make a motion requesting that the presiding officer order
the parties to comply with information requests. The motion shall be filed at least 15 days
before the date scheduled for the hearing, or as soon as possible after
receiving the notice of hearing.
(b)
The moving party’s motion shall:
(1) Set forth in detail those factors which it
believes justify its request for information; and
(2) List with specificity the information it is
seeking to discover.
(c)
When a party has demonstrated that such requests for information are
necessary for a full and fair presentation of the evidence at the hearing, the
presiding officer shall grant the motion.
Source.
#8007-A,
eff 12-18-03
Soil 211.03 Mandatory Pre-Hearing Disclosure of
Witnesses and Exhibits. At least 5
days before the hearing the parties shall exchange a list of all witnesses to
be called at the hearing with a brief summary of their
testimony, a list of all documents or exhibits to be offered as evidence at the
hearing, and a copy of each document or exhibit.
Source. #8007-A,
eff 12-18-03
PART
Soil 212 RECORD, PROOF, EVIDENCE AND
DECISIONS
Soil 212.01 Record of the Hearing.
(a) The board shall record the hearing by tape
recording or other method that will provide a verbatim record except for a proceeding
on emergency action shall be governed by RSA 541-A:30, III.
(b)
If any person requests a transcript of the taped record, the board shall cause a transcript to be prepared and, upon
receipt of payment for the cost of the transcription, shall provide copies of
the transcript to the requesting party.
(c)
At the request of a party to any proceeding involving disciplinary action,
the record of the proceeding shall be made by a certified shorthand court
reporter provided by the board at the requesting party’s expense. A request for a certified shorthand court
reporter shall be filed at least 10 days prior to the hearing.
Source. #8007-A,
eff 12-18-03
Soil 212.02 Standard and Burden of Proof. The party asserting a proposition shall bear
the burden of proving the truth of the proposition by a preponderance of the
evidence.
Source. #8007-A,
eff 12-18-03
Soil 212.03 Testimony; Order of Proceeding.
(a)
Any person offering testimony, evidence or arguments shall state for the
record his or her name, and role in the proceeding. If the person is representing another person,
the person being represented shall also be identified.
(b) Testimony shall be offered in the following
order:
(1) The party or parties bearing the burden of
proof and such witnesses as the party may call;
(2) The party or parties opposing the party who
bears the overall burden of proof and such witnesses as the party may call.
Source. #8007-A,
eff 12-18-03
Soil 212.04 Evidence.
(a)
Receipt of evidence shall be governed by the provisions of RSA 541-A:33.
(b)
All documents, materials and objects offered as exhibits shall be
admitted into evidence unless excluded by the presiding officer as irrelevant,
immaterial, unduly repetitious or legally privileged.
(c)
All objections to the admissibility of evidence shall be stated as early
as possible in the hearing, but not later than the time when the evidence is
offered.
(d)
Transcripts of testimony and documents or other materials, admitted into
evidence shall be public records unless the presiding officer determines that
all or part of a transcript or document is exempt from disclosure under RSA 91-A:5
or applicable case law.
Source. #8007-A,
eff 12-18-03
Soil 212.05 Proposed Findings of Fact and Conclusions
of Law.
(a)
Any party may submit proposed findings of fact and conclusions of law to
the presiding officer prior to or at the hearing.
(b)
Upon request of any party, or if the presiding officer determines that
proposed findings of fact and conclusions of law would serve to clarify the
issues presented at the hearing, the presiding officer shall specify a date
after the hearing for the submission of proposed findings of fact and conclusions
of law.
(c)
In any case where proposed findings of fact and conclusions of law are
submitted, the decision shall include rulings on the proposals.
Source. #8007-A,
eff 12-18-03
Soil 212.06 Closing the Record.
(a)
After the conclusion of the hearing, the record shall be closed and no other
evidence shall be received into the record, except as allowed by paragraphs (b)
of this section and Soil 212.08.
(b)
Before the conclusion of the hearing, a party may request that the
record be left open to allow the filing of specified evidence not available at
the hearing. If the other parties to the
hearing have no objection or if the presiding officer determines that such
evidence is necessary to a full consideration of the issues raised at the
hearing, the presiding officer shall keep the record open for the period of time necessary for the party to file the evidence
and for cross examination on such evidence.
Source. #8007-A,
eff 12-18-03
Soil 212.07 Reopening the Record. At any time prior to the issuance of the
decision on the merits, the presiding officer, on the presiding officer’s own
initiative or on the motion of any party, shall reopen the record to receive
relevant, material and non-duplicative testimony, evidence or arguments not
previously received, if the presiding officer determines that such testimony,
evidence or arguments are necessary to a full and fair consideration of the
issues to be decided.
Source. #8007-A,
eff 12-18-03
Soil 212.08 Decisions.
(a)
A board member shall not participate in making a
decision unless he or she personally heard the testimony in the case,
unless the matter’s disposition does not depend on the credibility of any
witness and the record provides a reasonable basis for evaluating the
testimony.
(b)
If a presiding officer has been delegated the authority to conduct a
hearing in the absence of a majority of the officials
of the board who are to render a final decision, the presiding officer shall submit
to the board a written proposal for decision, which shall contain a statement
of the reasons for the decision and findings of fact and rulings of law
necessary to the proposed decision.
(c)
If a proposal for decision in a matter not personally heard by the board
is adverse to a party to the proceeding other than the
board itself, the board shall serve a copy of the proposal for decision on each
party to the proceeding and provide an opportunity to file exceptions and
present briefs and oral arguments to the board.
(d)
A proposal for decision shall become a final decision upon its approval
by the board.
(e)
The board shall keep a decision on file in its records for at least 5
years following the date of the final decision or the date of the decision on
any appeal, unless the director of the division of records management and
archives of the department of state sets a different retention period pursuant
to rules adopted under RSA 5:40.
Source. #8007-A,
eff 12-18-03
PART
Soil 213 MOTION FOR REHEARING
Soil 213.01 Purpose. The rules in this part are intended to
supplement any statutory provisions, including RSA 541, that require or allow a
person to request a rehearing of a decision of the board prior to appealing the
decision.
Source. #8007-A,
eff 12-18-03
Soil 213.02 Applicability. The rules in this part shall apply whenever
any person has a right under applicable law to request a rehearing of a
decision prior to filing an appeal of the decision with the court having
appellate jurisdiction.
Source. #8007-A,
eff 12-18-03
Soil 213.03 Filing and Content of Motion.
(a)
The motion for rehearing shall be filed within 30 days of the date of
the board decision or order.
(b)
A motion for rehearing shall:
(1) Identify each error of fact, error of
reasoning, or error of law which the moving party wishes to have reconsidered;
(2) Describe how each error causes the board's
decision to be unlawful, unjust or unreasonable, or illegal in respect to
jurisdiction, authority or observance of the law, an abuse of discretion, or
arbitrary, unreasonable or capricious;
(3) State concisely the factual findings,
reasoning or legal conclusion proposed by the moving party; and
(4) Include any argument or memorandum of law the
moving party wishes to file.
Source. #8007-A,
eff 12-18-03
Soil 213.04 Standard for Granting Motion for Rehearing. A motion for rehearing in a case subject to
appeal under RSA 541 shall be granted if it demonstrates that the board's
decision is unlawful, unjust or unreasonable.
Source. #8007-A,
eff 12-18-03
Soil 213.05 Decision on Motion for Rehearing. The board shall grant or deny a motion for
rehearing, or suspend the order or decision pending further consideration
within 10 days of the filing of the motion for rehearing.
Source. #8007-A,
eff 12-18-03
PART
Soil 214 RULEMAKING PUBLIC COMMENT HEARINGS
Soil 214.01 Purpose. The purpose of this part is to provide a
uniform procedure for the conduct of public hearings at which comment from the general public will be solicited for evaluation and
consideration by the board relative to rulemaking.
Source. #8007-A,
eff 12-18-03
Soil 214.02 Scope.
(a)
These rules shall apply to all hearings required by state law to be
conducted by the board at which public comment shall be solicited, except that
they shall not apply to adjudicative hearings.
(b)
If any requirement set by these rules conflicts with an applicable
statute such other authority shall control.
Source. #8007-A,
eff 12-18-03
Soil 214.03 Notice.
(a)
A public comment hearing concerning rulemaking shall be commenced by
placing notice of the hearing in the "Rulemaking Register" so that it
shall appear at least 20 days prior to the hearing date.
(b)
Notice for rulemaking public comment hearings shall comply with RSA
541-A:6, I.
(c)
Nothing in these rules shall prohibit the board from giving greater
notice than the minimums set out in this part.
Source. #8007-A,
eff 12-18-03
Soil 214.04 Media Access.
(a)
Public comment hearings shall be open to the print and electronic media.
(b)
The moderator shall place limits on the activities of the media to avoid
disruption in the following ways:
(1) Limiting the number of media representatives
when their presence is disproportionate to the number of citizens present and
shall cause citizens to be excluded;
(2) Limiting the placement of television cameras
to certain locations in the hearing room; and
(3) Prohibiting interviews from being conducted
within the hearing room during the hearing.
Source. #8007-A,
eff 12-18-03
Soil 214.05 Moderator.
(a)
The hearing shall be presided over by a moderator who shall be the board
chairperson or a designee.
(b)
The moderator shall:
(1) Call the hearing to order;
(2) Cause a recording of the hearing to be made;
(3) Place limits on the media to avoid disruption
as set out in Soil 214.04(b);
(4) Recognize those who wish to be heard and
establish the order thereof;
(5) Limit the time for each speaker, as set out
in Soil 214.06(b);
(6) Remove or have removed any person who
disrupts the hearing;
(7) Adjourn the hearing; and
(8) Provide opportunity for the submission of written
comments.
Source. #8007-A,
eff 12-18-03
Soil 214.06 Public Participation.
(a)
Any person who wishes to speak on the issue or issues which are the
subject of the hearing shall place his or her name and address on a speakers'
list before the last speaker on the list has finished speaking. All whose names
appear on the speakers' list, as provided, shall be afforded reasonable time to
speak at the hearing. Reasonable time
shall be determined considering the number of people who wish to be heard, the
time and the availability of the facility.
(b)
The board, through the moderator, shall:
(1) Refuse to recognize a person who refuses to
give his or her full name and address;
(2) When a group or organization wishes to comment,
limit the group to no more than 3 spokespersons, provided that the members who
are present shall be allowed to enter their names and addresses into the record
as supporting the position by the group or organization;
(3) Revoke recognition of a speaker who speaks or
acts in an abusive or disruptive manner; or
(4) Revoke recognition of a speaker who refuses
to keep his or her comments relevant to the issue or issues which are the
subject of the hearing.
(c)
Written comments may be submitted any time from the time notice has been
published until the record has been closed by the moderator, which shall not be
less than 7 calendar days after the hearing.
(d)
In the event that the number of speakers who wish to give oral testimony
relevant to the issue or issues involved exceed that number which can be heard
within a reasonable period of time subject to facility
availability and length of the hearing, the hearing shall be reconvened
pursuant to applicable provisions in RSA 541-A to afford such persons the
opportunity to be heard. Speakers may
elect to submit written testimony in lieu of additional oral hearing.
Source. #8007-A,
eff 12-18-03
PART
Soil 215 PETITION FOR RULEMAKING
Soil 215.01 Petition for Rulemaking.
(a)
Any person may request the board to commence a proceeding for the
purpose of adopting, amending, or repealing a rule by filing a written petition
that contains:
(1) The text of the proposed rule or a statement
of the particular results intended by the petitioner
to flow from the implementation of the proposed rule;
(2) An identification of the particular
rule sought to be amended or repealed;
(3) Any data or argument the petitioner believes
would be useful to the board in deciding whether to commence a rulemaking
proceeding; and
(4) Name, address, signature of petitioner and
date signed.
Source. #8007-A,
eff 12-18-03
Soil 215.02 Disposition of Petition.
(a)
The board shall consider all petitions for rulemaking and proceed
pursuant to RSA 541-A:4. The board shall
request additional data or argument from the petitioner or other interested
persons to clarify the merits of the petition.
(b)
The board shall grant the petition if the petition is consistent with
statute and case law and will assist the board with the regulation of the
profession.
Source. #8007-A,
eff 12-18-03
PART
Soil 216 DECLARATORY RULINGS
Soil 216.01 Petitions.
(a)
Any person may request a declaratory ruling from the board on matters
within its jurisdiction by filing an original and 5 copies of a petition
pursuant to Soil 206.02(b).
(b)
A petition for declaratory ruling shall set forth the following
information:
(1) The exact ruling being requested; and
(2) The statutory and factual basis for ruling,
including any supporting affidavits or memoranda of a law.
Source. #8007-A,
eff 12-18-03
Soil 216.02 Action on Petitions.
(a)
The petitioner shall provide such further information or participate in
such evidentiary or other proceedings as the board shall direct after reviewing
the petition and any replies received.
(b)
Upon review and consideration, the board shall within 90 days rule on
the petition pursuant to Soil 206.02(d).
Source. #8007-A,
eff 12-18-03
PART Soil 217 EXPLANATION AFTER ADOPTION
Soil 217.01 Explanation After Adoption.
(a)
Any person may request an explanation regarding adoption of the rules
pursuant to
(b)
The request shall be considered at the next scheduled board meeting and
the board shall issue a response within 60 days of the date of the request.
Source. #8007-B, eff
12-18-03; ss by #9885, eff 3-11-11, EXPIRED: 3-11-19
New. #13640, eff
7-18-23
CHAPTER
Soil 300 CERTIFICATION REQUIREMENTS
REVISION NOTE:
Document
#9886-A and Document #9886-B, effective 3-11-11, readopted with amendments
Chapters Soil 300 and Soil 400. Document
#9886-A also readopted with amendments Chapter Soil 500. Document #9886-A also renumb8ered rules
within Chapter Soil 300, as follows:
Former
Rule New
Rule
Soil
303.01 and Soil 303.03 Soil
303.01
Soil
303.02 and Soil 303.04 Soil
303.02
Soil
303.05 Soil
303.03
Soil
305.01-305.04 Soil
304.01-304.04
Soil
306.01 Soil
305.01
The
prior filings affecting the former rule Soil 303.01 included the following
documents:
#4676,
effective 9-20-89, EXPIRED 9-20-95
#6232,
effective 4-26-96
#6881,
effective 11-13-98
#8008,
effective 12-18-03
The
prior filings affecting the former rule Soil 303.03 included the following
documents:
#4676,
effective 9-20-89, EXPIRED 9-20-95
#6232,
effective 4-26-96
#6881,
effective 11-13-98 (from Soil 303.02)
#7189,
effective 1-11-00
#8008,
effective 12-18-03
The
prior filings affecting the former rule Soil 303.02 included the following
documents:
#4676,
effective 9-20-89, EXPIRED 9-20-95
#6232,
effective 4-26-96
#6881,
effective 11-13-98
#7189,
effective 1-11-00
#9045,
effective 12-5-07
The
prior filings affecting the former rule Soil 303.04 included the following documents:
#6881,
effective 11-13-98 (formerly Soil 303.03)
#7189,
effective 1-11-00
#9045,
effective 12-5-07
Former
Soil 304 on reciprocity had been filed under Document #4676, effective 9-20-89,
and expired 9-20-95, but the number was reserved in Document #6232, effective
4-26-96.
The
source notes in Soil 300 below which have been renumbered by Document #9886-A
include the former rule number, and the documents cited apply to the former rule
number.
CHAPTER Soil 300 CERTIFICATION
REQUIREMENTS
PART Soil 301
APPLICATION REQUIREMENTS
Soil 301.01 Application Process.
(a)
A person wishing to become certified as a soil or wetland scientist
shall submit an application form provided upon request
by the board containing the information specified in Soil 301.02 and 302.02,
including the application fee specified in Soil 301.04.
(b)
The board shall acknowledge receipt of an application within 60 days of
receipt and shall notify the applicant of any deficiencies in the application.
Failure to remedy the deficiencies within 60 days shall result in dismissal of
the application. An application shall be considered on file with the board when
all deficiencies are corrected.
(c)
If the application is denied, the applicant shall be provided an
opportunity to request a hearing for reconsideration pursuant to Soil 213 on
the deficiency issues identified by the board. Any such request shall be made
in writing and received by the board within 30 days of the receipt of the
notification of denial.
(d)
Applications about which there has been no communication by the
applicant to the board for one year shall be destroyed.
Source. #4676, eff 9-20-89,
EXPIRED: 9-20-95
New. #6232, eff 4-26-96;
ss by #6881, eff 11-13-98; ss by #8621, eff 5-2-06; ss by #9886-A, eff 3-11-11,
EXPIRED: 3-11-19
Soil 301.02 Application Forms.
(a) The applicant for certification as a soil
scientist or wetland scientist shall supply the following on the
application:
(1) General
information about the applicant, including
his or her:
a. Name and any
names previously used;
b. Written
signature;
c. Residential
address;
d. Present
position;
e. Organization
and title;
f. Business
address;
g. Business and
personal telephone numbers;
h. Place and date of
birth;
i. E-mail address;
j. Current
certification/registration information as a soil scientist or wetland
scientist;
k. Whether the applicant has ever been convicted
of any felony, or misdemeanor that has not been annulled by a court pursuant to
l. T he applicant’s social security number required pursuant to
(2) Information
regarding the applicant’s registration/certification in other states,
including:
a The first state
certified/ registered in;
b. The certificate
number and date certified;
c. Whether certified
by examination;
d. Whether the certificate
is now in force, and if not, the reasons why certificate is not in force; and
e. Whether the applicant
has ever been denied registration, certification or licensure as a soil or
wetland scientist or disciplined by this board or another soil or wetland
scientist board in any other state or country and if so, an explanation of the
circumstances;
(3) A list of
current memberships in professional or scientific associations, including:
a. The name of organization;
b. The location;
c. The applicant’s grade of membership; and
d. Date of
membership;
(4) A transcript
of college or university credits obtained, including:
a. The name of
institution;
b. Years attended;
c. Graduation
date,
d. Credits
completed; and
(e) The degree
awarded.
(5) A list of home
study and correspondence school courses related to soil science or wetland science
completed;
(6) Evidence of
professional experience related to soil science or wetland science, including:
a. Name and
address of employer;
b. Title of
position;
c. Dates of
employment;
d. Name and
present address of someone familiar with each position;
e. Summary of soil
or wetland plans; and
f. As applicable,
additional information supplied on the supplemental experience record form in
the same format as number 6 of the certification application;
(7) The names,
complete addresses, occupation and business relationship with applicant of 5
references, not related to the applicant with 2 references being soil
scientists or if applying for wetland scientist certification 2 shall be
wetland scientists; and
(8) Applicant's
signature completed under oath or affirmation.
(b) The applicant for apprentice soil scientist
or apprentice wetland scientist shall supply the following on or with the
application:
(1) General
information about the applicant, including his or her:
a. Name and any
names previously used;
b. Written
signature;
c. Residential
address;
d. Present position;
e. Organization
and title;
f. E-mail address;
g. Business
address;
h. Business and
personal telephone numbers; and
i. Place and date
of birth.
(2) Whether the applicant has ever been convicted
of any felony, or misdemeanor that has not been annulled by a court pursuant to
(3) Information
regarding the applicant’s registration/certification in other states,
including:
a. The first state
certified/ registered in;
b. The certificate
number and date certified;
c. Whether
certified by examination;
d. Whether the
certificate is now in force, and if not, the reasons why certificate is not in
force; and
e. Whether the applicant has ever lost registration,
certification or licensure as a soil or wetland scientist or disciplined by this
board or another soil or wetland scientist board in any other state or country
and if so, an explanation of the circumstances;
(4) A list of
current memberships in professional or scientific associations, including:
a. The name of
organization;
b. The location;
and
c. The applicant’s
grade of membership, and date of membership;
(5) A transcript
of college or university credits obtained including:
a. The name of
institution;
b. Years attended;
c. Graduation
date; and
d. Credits completed;
(6) A list of home study and correspondence
school courses related to soil science or wetland science completed;
(7) Evidence of professional experience related
to soil science or wetland science as indicated on the certification
application;
(8) As applicable, additional professional
experience information supplied on the supplemental experience record form;
(9) Names and certificate numbers of apprentice
supervisors; and
(10) Applicant's signature.
Source. #4676, eff 9-20-89,
EXPIRED: 9-20-95
New. #6232, eff 4-26-96;
ss by #6881, eff 11-13-98; ss by #8621, eff 5-2-06; ss by #9886-B, eff 3-11-11
Soil 301.03 Fees.
All fees shall be in the form of cash, credit card, money order, bank
draft, or check made payable to: "Treasurer, State of
Source. #4676, eff 9-20-89,
EXPIRED: 9-20-95
New. #6232, eff 4-26-96;
ss by #8008, eff 12-18-03; ss by #9886-A, eff 3-11-11, EXPIRED: 3-11-19
Soil 301.04 Application/Certification Examination Fees. The fees shall be as follows:
(a)
Application fee for certification as a soil scientist shall be $125.00;
(b)
Application fee for certification as a wetland scientist shall be
$125.00;
(c)
The certification fee shall be $50.00;
(d)
The application fee for certification as a soil scientist apprentice
shall be $75.00;
(e)
The application fee for certification as a wetland scientist apprentice
shall be $75.00;
(f)
The fee for the field examination for certification as a soil scientist
shall be $200.00;
(g)
The fee for the written examination for certification as a soil
scientist shall be $125.00;
(h)
The fee for the field examination for certification as a wetland
scientist shall be $200.00;
(i) The fee for the written examination for
certification as a wetland scientist shall be $125.00;
(j)
The biennial renewal fee shall be $120.00; and
(k)
If the renewal is not received by the date of expiration there shall be
a late fee of 20 percent per month.
Source. #4676, eff 9-20-89,
EXPIRED: 9-20-95
New. #6232, eff 4-26-96;
ss by #6881, eff 11-13-98; amd by #7189, eff 1-11-00;
amd by #7935, eff 9-1-03; ss by #9045, eff 12-5-07;
ss by #9886-A, eff 3-11-11, EXPIRED: 3-11-19
Soil 301.05 Replacement Fee. The fee for replacement of lost or mutilated
certificate shall be $50.00.
Source.
#6232, eff
4-26-96; ss by #8008, eff 12-18-03; ss by #9886-A, eff 3-11-11, EXPIRED: 3-11-19
Soil 301.06 Information from References for Soil
Scientist Candidates.
(a) Information from references shall be
requested by the board on forms provided by the board as specified in
(b) The application shall include:
(1) Applicant's name;
(2) Reference's name and address; and
(3) References for soil scientist candidates which
provide a brief description of the knowledge of the soil scientist applicant's
qualifications in soil classification and mapping qualifications; and
(4) The signature of the reference, and the date
signed.
(c) The board shall use as references any
individuals, companies, or institutions whose names appear in any part of the
application form.
Source. #6232, eff 4-26-96;
ss by #6881, eff 11-13-98; ss by #8621, eff 5-2-06; amd
by #9886-A, eff 3-11-11, EXPIRED: 3-11-19 (paras (a) & (c)), EXPIRED: 3-11-19;
amd by #9886-B,
eff 3-11-11, (para (b))
Soil
301.07 Information from References
for Wetland Scientist Candidates.
(a) Information from references shall be
requested by the board on forms provided by the board as specified in
(b) The application shall include:
(1) Applicant's name;
(2) Reference's name and address and,
(3) References for wetland scientist candidates which
provide a brief description of the knowledge of the wetland scientist
applicant’s qualifications in wetland delineation and documentation; and
(4) The signature of the reference, and date
signed.
(c)
The board shall use as references any individuals, companies, or
institutions whose names appear in any part of the application form.
Source. #6232, eff 4-26-96;
ss by #8621, eff 5-2-06; amd by #9886-A, eff 3-11-11,
(paras (a) & (c)), EXPIRED: 3-11-19; amd by #9886-B, eff 3-11-11, (para (b))
Soil 301.08 Additional References. The board shall require of the applicant the
names and addresses of additional references if the original references are unclear,
incomplete or contradictory.
Source. #6232, eff 4-26-96;
ss by #6881, eff 11-13-98; ss by #8621, eff 5-2-06; ss by #9886-A, eff 3-11-11,
EXPIRED: 3-11-19
PART Soil 302
QUALIFICATION OF APPLICANTS
Soil
302.01 Candidates Requirements.
(a)
Candidates for certification as a soil scientist shall meet the
requirements established by
(b) Candidates for apprentice soil scientist
certification shall meet the requirements of
(c) The applicant shall appear for a personal
audience with the board to clarify the information contained in his/her record
if his/her record of education or experience are unclear, contradictory or
incomplete.
Source. #4676, eff 9-20-89,
EXPIRED: 9-20-95
New. #6232, eff 4-26-96;
ss by #6881, eff 11-13-98; ss by #6881, eff 11-13-98; ss by 8621, eff 5-2-06;
ss by #9886-A, eff 3-11-11, EXPIRED: 3-11-19
Soil
302.02 Experience Requirements. Experience in the practice of soil science
shall be determined pursuant to
(a) A minimum one
year of the experience required pursuant to
(b) Teaching soil
science courses or performing research in soil science or agronomy curriculum
shall be considered the practice of soil science. Such teaching or research shall not be considered
actual field soil mapping experience;
(c) Educational courses shall not be considered
actual field mapping experience;
(d) Each advanced degree in a related field shall
be counted as one year of experience with one year awarded for a Master’s degree and 2 years awarded for a Ph.D. in a related
field including geology and any other field in which the principles of soil
science are applied. Advanced degrees shall
not be considered actual field soil mapping experience;
(e) Employment by the United States Department of
Agriculture (USDA), Natural Resources Conservation Service (NRCS) or other governmental
agency as a soil scientist and active engagement in the practice of soil
science as defined under
(f) If experience is claimed under Soil
302.02(e), the applicant shall provide an affidavit stating:
(1) The dates of
employment;
(2) The number of
total acres soil mapped during such employment;
(3) The county and
state locations of soil mapping; and
(4) The standards
by which soil mapping was conducted.
(g) Actual field soil mapping experience shall be
the practice of soil science as defined under
(h) Soil maps prepared during the practice of
soil science shall meet:
(1) The standards
of the National Cooperative Soil Survey as follows:
a. Soil Taxonomy, A Basic System
of Soil Classification for Making and Interpreting Soil Surveys, second
edition, published 1999;
b. Keys to Soil Taxonomy, Eleventh Edition published, 2010;
c. Official series descriptions,
Soil Survey Staff Natural Resources Conservation Service, United States
Department of Agriculture. Official Soil
Series Descriptions, published,
d. The Field Book for Describing
and Sampling Soils, Version 2.0, published September 2002;
e. Soil survey manual, Soil
Survey Division Staff U.S. Department of Agriculture Handbook 18, published
1993; and
f. NH Statewide Numerical Soil
Legend, issue #9, dated April
2010; or
(2) The standards of Special
Publication No.1 of the Society of Soil Scientists of Northern New England, High Intensity
Soil Maps for New Hampshire published April 2008; or
(3) The standards of Special Publication No. 3 of
the Society of the Soil Scientists of Northern New England, Site-Specific Soil
Mapping Standards for
(i) Training as an
apprentice soil scientist, where the apprentice is practicing soil science as
defined under
(j) Six or more soil maps shall be prepared to the
standards under Soil 302.02 (h), all maps shall be submitted with a copy of the
United States Geological Survey (USGS) mapping with site located and owner’s
name and address. The map shall include the name of the person who prepared the
map, the supervisor’s name, and date the map was prepared;
(k) The board shall request additional maps if
the maps are incomplete or unclear or do not meet the standards of Soil 302.02
(h); and
(l) The board shall conduct field reviews of any
of the supplied maps when it deems it necessary to clarify the applicant's
experience upon permission of current landowner.
Source. #4676, eff 9-20-89,
EXPIRED: 9-20-95
New. #6232, eff 4-26-96;
ss by #8008, eff 12-18-03; ss by #9886-A, eff 3-11-11,
EXPIRED: 3-11-19
Soil 302.03 Additional Requirements. In order to indicate
to the board competency to practice as a soil scientist, the candidate shall
have had at least one soil course under
(a) Soil genesis and classification;
(b) Soil morphology; and
(c) Soil mapping.
Source. #6232, eff 4-26-96;
ss by #8008, eff 12-18-03; ss by #9886-A, eff 3-11-11, EXPIRED: 3-11-19
Soil
302.04 Experience Requirements. Experience in the practice of wetland science
shall be determined as follows:
(a) A minimum one year of the experience
requirement shall be actual field delineation of wetland boundaries pursuant to
(b) Presentation of 6 or more wetland delineation
plans with all wetlands classified according to Classification of Wetlands and
Deepwater Habitats of the United States, FWS/OBS-79/31;
(c) One of the delineation plans shall include a
complete assessment of functions and values using either the method for the
Comparative Evaluation of Nontidal Wetlands in New Hampshire, published March
1991 or US Army Corps of Engineers, Highway Methodology Workbook Supplement,
published September 2009, for candidates pursuant to
(d) Four of the delineation plans shall
utilize the standards of the Corps of Engineers Wetland Delineation Manual,
Technical Report 4-87-1, (January, 1987), Interim Regional
Supplement to the Corps of Engineers Wetland Delineation Manual: Northcentral
and Northeast Region, U.S. Army Corps of Engineers, published October 2009, and the remainder shall meet the
requirements of a state or federal regulatory agency; or
(e) A minimum of 3 years of the experience
requirement shall be actual field delineation of wetland boundaries and the preparation
of wetland maps, the classification of wetlands, the preparation of wetland
function and value assessments, the design of wetland mitigation, the implementation
of wetland mitigation, the monitoring of wetlands functions and values, and
preparation of associated reports, pursuant to
(f) Presentation of 18 or more wetland
delineation plans classified according to Classification of Wetlands and Deepwater Habitats
of the United States, FWS/OBS-79/31; for candidates pursuant
to
Source. #6881, eff 11-13-98;
ss by #8222, eff 12-4-04; ss by #9886-A, eff 3-11-11, EXPIRED: 3-11-19
Soil 302.05 Additional Requirements.
(a)
All wetland delineation plans shall cite the standard which was utilized
and the agency to which they were submitted.
(b)
All wetland delineation plans shall be submitted with a copy of the USGS
mapping with the site located and the owner’s name and address.
(c)
The board shall request additional plans and/or supporting
documentation, including but not limited to field notes, reports or data forms
if the plans are incomplete or unclear or do not meet the requirements of Soil
302.04 and 302.05.
(d)
The board shall conduct field reviews of any of the supplied plans when
it deems it necessary to clarify the applicant's experience upon permission of
the current landowner.
(e) Teaching a college level credit course in
wetland science according to the standards of Soil 302.04 shall be considered
one year of experience.
(f)
Wetland science performed as an apprentice wetland scientist under the
direct supervision of a certified wetland scientist and according to the
standards of 302.04 shall be considered experience.
(g) Candidates for wetland scientist pursuant to
(1) Botany;
(2) Soil science;
(3)
Hydrology;
(4) Wetland science;
(5) Biology;
(6) Forestry;
(7) Wildlife;
(8) Ecology;
(9) Water resources;
(10) Plant science;
(11) Agronomy;
(12) Geology;
(13) Earth science;
(14) Wetland mitigation; or
(15) Assessments of functions and values.
(h) Candidates pursuant to
(i) As set forth in
Source. #6881, eff 11-13-98;
amd by #8008, eff 12-18-03; ss by #8222, eff 12-4-04;
ss by #9886-A, eff 3-11-11, EXPIRED: 3-11-19
PART Soil 303
EXAMINATIONS
Soil
303.01 Examination Requirements for
Soil Scientist Candidates.
(a) The examination shall consist of a written
exam and a field exam.
(b) The soil scientist certification written
examination shall be administered at the Joint Board Office,
(c) The board shall hold soil scientist field
examinations in May and September.
Examinations shall be given to all persons making application who have
successfully passed the soil scientist written examination and whose
application is complete and who has made payment of the established fee.
(d) The field exam shall be a test of the
applicant’s ability to prepare a soil map.
The test shall consist of an actual field soil mapping pursuant to the
standards of Soil 302.02 (h) (1) of a parcel of land selected by the
board. The soil map prepared by the applicant
shall be graded based upon a comparison of a master soil map of the parcel
prepared by a consensus of at least 3 certified soil scientists and a majority
vote of the board. The time allotted
shall not exceed 6 hours. The grade
shall be pass or fail.
Source. (See Revision Note at chapter heading for
Soil 300) #9886-A, eff 3-11-11, EXPIRED: 3-11-19
Soil
303.02 Examination Requirements for
Wetland Scientist Candidates.
(a) The examination shall consist of a written
exam and field exam.
(b) The wetland scientist certification written
examination will be administered at the Joint Board Office,
(c) The board shall hold wetland scientist field
examinations in June and September on a parcel of land selected by the board.
Examinations shall be given to all persons making application who have successfully
passed the wetland scientist written examination and whose application is
complete and who has made payment of the established fee.
(d) The field exam shall be a test of the
applicant's ability to practice wetland science pursuant to Soil 302.04. The
time allotted shall not exceed 6 hours.
The grade shall be pass or fail.
Source. (See Revision Note at chapter heading for
Soil 300) #9886-A, eff 3-11-11, EXPIRED: 3-11-19
Soil 303.03 Re-Examinations. An applicant for certification failing a
field examination may apply for re-examination at the next scheduled
examination period and shall be examined upon payment of an additional fee to cover
the cost of the field examination. A candidate failing the examination 3 times
shall furnish evidence of additional experience, study, or educational credits
equal to 6 semester hours of college credit before being allowed to proceed
with further examination.
Source. #7189, eff 1-11-00
(from Soil 303.04); ss by #9045, eff 12-5-07; ss and renumbered by #9886-A, eff
3-11-11, EXPIRED: 3-11-19 (formerly Soil
303.05)
PART
Soil 304 CREDENTIALS
Soil 304.01 Certificate. An applicant for certification as a certified
soil scientist or wetland scientist or an applicant for certification as an
apprentice soil scientist or apprentice wetland scientist, who has met
satisfactorily all the requirements of
Source. #4676, eff 9-20-89,
EXPIRED: 9-20-95
New. #6232, eff 4-26-96; ss
by #6881, eff 11-13-98; ss by #8621, eff 5-2-06; ss and renumbered by #9886-A,
eff
3-11-11 (formerly Soil 305.01)
Soil
304.02 Certified Soil Scientist or
Wetland Scientist Pocket Cards.
Biennially, the board shall issue a certification card, numbered to
correspond with the soil scientist's or wetland scientist’s assigned number, to
each certified soil scientist or wetland scientist upon receipt of the biennial
renewal fee and acceptance of renewal application. The card shall certify that the soil scientist
or wetland scientist holds a certificate in good standing and is authorized to
practice soil science scientist or wetland scientist to the date of expiration
as shown on the card. No card shall be
issued to an apprentice soil scientist or apprentice wetland scientist.
Source. #4676, eff 9-20-89,
EXPIRED: 9-20-95
New. #6232, eff 4-26-96;
ss by #6881, eff 11-13-98; ss by 8621, eff 5-2-06; ss and renumbered by
#9886-A, eff
3-11-11, EXPIRED: 3-11-19 (formerly Soil 305.02)
Soil 304.03 Soil Scientist Seal.
(a) Upon issuance by the board of a certificate
to an applicant as a certified soil scientist, the certificate holder shall
acquire an impression type seal or rubber stamp of the design approved by these
rules and submit the seal to the board for approval. This seal shall bear the
certificate holder’s name and number as shown on the certificate.
Figure
3.1 Seal/Stamp
(b)
The seal shall consist of 2 concentric circles, the outer circle having
a diameter of 1.6 inches and an inner circle having a diameter of 1.4 inches. In the space between the 2 circles there
shall be the words "State of
(c)
All papers or documents involving the practice of soil science under
this chapter when filed for public record, shall be dated and bear the
signature and seal of the certified soil scientist who prepared or had
responsibility for and approved them. It
shall be a violation of these rules for the certified soil scientist to stamp
or seal any documents with his/her seal after the certificate has expired. It shall be a violation of these rules for
the certified soil scientist to stamp or seal any document not prepared by
him/her personally or under his/her direct supervision.
Source. #4676, eff 9-20-89,
EXPIRED: 9-20-95
New. #6232, eff 4-26-96;
ss by #8008, eff 12-18-03; ss and renumbered by, eff 3-11-11, EXPIRED: 3-11-19 (formerly
Soil 305.03)
Soil
304.04 Wetland Scientist Seal.
(a)
Upon issuance by the board of a certificate to an applicant as a
certified wetland scientist, the certificate holder shall acquire an impression
type seal or rubber stamp of the design approved by these rules and submit the
seal to the board for approval. This seal shall bear the certificate holder’s
name and number as shown on the certificate.
Figure
3.2 Seal/Stamp
(b) The seal shall consist of 2 concentric
circles, the outer circle having a diameter of 1.6 inches and an inner circle
having a diameter of 1.4 inches. In the
space between the 2 circles there shall be the words "State of
(c) All papers or documents involving the
practice of wetland science under this chapter when filed for public record,
shall be dated and bear the signature and seal of the certified wetland scientist
who prepared or had responsibility for and approved them. It shall be a violation of these rules for
the certified wetland scientistto stamp or seal any
documents with his/her seal after the certificate has expired. It shall be a
violation of these rules for the certified wetland scientist to stamp or seal
any document not prepared by him/her personally or under his/her direct
supervision.
Source. #6881, eff 11-13-98;
ss by 8621, eff 5-2-06; ss and renumbered by #9886-A, eff 3-11-11, EXPIRED:
3-11-19 (formerly Soil 305.04)
PART Soil 305
REJECTIONS
Soil 305.01 Denial of Application. An application shall be denied if, after
notice and an opportunity for hearing, there is a finding that:
(a)
The applicant, or someone acting on the applicant's behalf, has submitted
false information to the board in connection with the application;
(b)
Evidence of past disciplinary action taken by another certification or
licensing body or a professional society or association, indicates the
applicant cannot be relied upon to practice competently, safely and honestly,
or adhere to the standards of conduct required by Soil 500;
(c)
Evidence of conviction of a felony or misdemeanor indicates the
applicant cannot be relied upon to practice competently, safely and honestly, or
adhere to the ethical standards required by Soil 500;
(d)
Evidence of behavior that would violate the ethical standards of Soil
500, indicates the applicant cannot be relied upon to practice competently,
safely and honestly, or adhere to the ethical standards required by Soil 500;
(e)
The applicant failed to meet the educational and experience requirements
of Soil 302; or
(f)
The applicant failed to successfully pass the examinations required
pursuant to Soil 303.
Source. #4676, eff 9-20-89,
EXPIRED: 9-20-95
New. #6232, eff 4-26-96;
ss by #8008, eff 12-18-03; ss and renumbered by #9886-A, eff 3-11-11, EXPIRED:
3-11-19 (formerly Soil 306.01)
CHAPTER
Soil 400 CONTINUED STATUS
REVISION NOTE:
Document
#9886-A and Document #9886-B, effective 3-11-11, readopted with amendments
Chapters Soil 300 and Soil 400. Document
#9886-A also readopted with amendments Chapter Soil 500. The amendments in Document #9886-A included
the adoption of a new Part Soil 402, and Document #9886-A and Document #9886-B
also renumbered rules within Chapter Soil 400, as follows:
Former
Rule New
Rule
Soil
401.02 Soil
401.01
Soil
401.03 Soil
401.02
Soil
401.04 Soil
401.03
Soil
402.01-402.08 Soil
403.01-403.08
Former
Soil 401.01 had been repealed and reserved by Document #7935, effective
9-1-03. The prior filings affecting the
former Soil 401.01 included the following documents:
#4676,
effective 9-20-89, EXPIRED 9-20-95
#6232,
effective 4-26-96
#6881,
effective 11-13-98
Document #9886-A also extensively amended
the rules in the former Soil 402.01 through Soil 402.08 and renumbered them as
Soil 403.01 through Soil 403.08. The
prior filings affecting the rules in the former Soil 402 included the following
documents:
#4676, effective 9-20-89, EXPIRED 9-20-95
#6232,
effective 4-26-96
#6881,
effective 11-13-98
#7935,
effective 9-1-03
The
source notes in Soil 400 below for rules which have been renumbered by Document
#9886-A and Document #9886-B include the former rule number, and the documents
cited apply to the former rule number.
Part Soil 401 EXPIRATION
Soil 401.01 Renewal Notices. Renewal notices shall be sent to each certified
soil scientist or certified wetland scientist every 2 years, at least one-month
prior to date of expiration. The
expiration date shall be the last day of the certificate holder’s birth month.
Source. #4676, eff 9-20-89,
EXPIRED: 9-20-95
New. #6232, eff 4-26-96;
ss by #6881, eff 11-13-98; ss by 8621, eff 5-2-06; ss and renumbered by
#9886-A, eff 3-11-11, EXPIRED:3-11-19 (formerly Soil 401.02)
New. #13560, eff 4-7-23
Soil 401.02 Renewal of Certificate. The applicant for wetland or soil scientist
renewal shall submit:
(a)
The “Certified Natural Scientist Renewal Form” revised 12/2022 supplied
by the board;
(b)
The fee specified in Soil 301.04; and
(c)
If any of the answers on the
“Certified Natural Scientist Renewal Form” described in Soil 401.03(e), (1)
through (4), are in the affirmative a detailed written description of the
events surrounding the conviction or disciplinary action.
Source. #4676, eff 9-20-89,
EXPIRED: 9-20-95
New. #6232, eff 4-26-96,
EXPIRED: 4-26-04
New. #8621, eff 5-2-06;
ss and renumbered by #9886-A, eff 3-11-11, EXPIRED: 3-11-19 (formerly Soil
401.03)
New. #13560, eff 4-7-23
Soil 401.03 Renewal Application. The applicant shall supply the following
information on the “Certified Natural Scientist Renewal Form “:
(a)
The applicant’s full legal name;
(b)
The applicant’s business address and telephone number;
(c)
The applicant’s home address and personal telephone number;
(d)
The applicant’s e-mail address;
(e)
Answer yes or no to the following:
(1) “Have you complied with the continuing
education requirements set forth in Soil 403”;
(2) “Have you within the past 24 months or not
previously reported had any disciplinary or legal action brought against you by
any licensing or certification board or jurisdiction”;
(3) “Have you within the past 24 months complied
with all ethical and professional standards set for the in Soil 500”; and
(4) “Have you within the past 24 months or not
previously reported been convicted of any felony, or misdemeanor that has not been
annulled by a court pursuant to
(f)
Sign and the date under the following statement:
“I attest that the
information contained in this form is true and correct to the best of my
knowledge and belief and acknowledge that the provision of false information in
the application is a basis for disciplinary action by the Board”
Source. #8621, eff 5-2-06;
ss and renumbered by #9886-B, eff 3-11-11
(formerly Soil 401.04); ss by #13560, eff 4-7-23
Soil 401.04 Board's Processing of Applications for
Renewal.
(a)
If the board, after receiving and reviewing the renewal application,
requires further information or documents to determine the applicant's
eligibility for renewal of their licensure, the board shall:
(1) So notify the applicant in writing within 30
days; and
(2) Specify the information or documents it
requires.
(b)
A renewal application shall be considered completed on the first date
that the board has received the completed renewal application form, any
supporting materials which are required,
and any additional information or documents which it may have requested.
(c)
The board shall issue the renewed license or denial of an application
for renewal of licensure within 60 days of the date that the application is
completed.
(d)
Any applicant wishing to challenge the board's denial of an application
for licensure renewal shall:
(1) Make a written request for a hearing of the applicant's
challenge; and
(2) Submit this request to the board:
a. Within 30 days of the board's notification of
the denial; or
b. If the applicant is on active military duty
outside the United States, within 30 days of the applicant's return to the
United States or release from duty, whichever occurs later.
Source. #13560, eff 4-7-23
Part Soil 402 REINSTATEMENT
Soil 402.01 Reinstatement. A certified soil scientist or wetland
scientist whose license to practice in the state of New Hampshire has been
allowed to lapse for a period of 30 days but no more than 365 days shall:
(a)
Submit to the board the “Application for Reinstatement of Certification
for a Soil Scientist or Wetland Scientist” dated 12/2022;
(b) If the applicant answered in the affirmative
to any of the questions described in Soil 402.02 (i)
through (m) a detailed written explanation of the yes answer; and
(c) Evidence as described in Soil 404.04(b) of
having completed 24 hours of continuing education in the immediately preceding
24 months as described in Soil 404.02 and Soil 404.03.
(d)
Include with the application for reinstatement the reinstatement fees
specified in Soil 304.01.
Source. #13560, eff 4-7-23
Soil 402.02 Board's Processing of Applications for
Reinstatement of Licensure.
(a)
If the board, after receiving and reviewing the reinstatement application,
requires further information or documents to determine the applicant's
qualification for reinstatement of licensure, the board shall:
(1) So notify the applicant in writing within 30
days; and
(2) Specify the information or documents it
requires.
(b)
A reinstatement application shall be considered completed on the first
date that the board has received the completed reinstatement application form,
any supporting materials which are required, and any additional information or
documents which it may have requested.
(c)
The board shall issue written approval or denial of an application for
reinstatement of licensure within 60 days of the date that the application is
completed.
(d)
Any applicant wishing to challenge the board's denial of an application
for licensure reinstatement shall:
(1) Make a written request for a hearing of the
applicant's challenge; and
(2) Submit this request to the board:
a. Within 30 days of the board's notification of
the denial; or
b. If the applicant is on active military duty
outside the United States, within 30 days of the applicant's return to the
United States or release from duty, whichever occurs later.
Source. #13560, eff 4-7-23
Soil 402.03 Reinstatement Application. The applicant for reinstatement shall supply
the following information on the application form “Application For
Reinstatement of Certification as a Soil or Wetland Scientist”:
(a)
The applicant’s full legal name;
(b)
Any names previously used, if applicable;
(c)
Date of birth;
(d)
The license number held in the state of NH;
(e)
Home mailing address;
(f)
Home physical address if different from home mailing address;
(g)
Personal e-mail address;
(h)
Business name;
(i) Business address and telephone number;
(j)
Answer Yes or no to the following:
(1) “Have you ever been convicted of any felony,
misdemeanor, violation involving natural science, or the practice of soil
science or wetland science, which has not been annulled or previously reported?”
(2) “Have you ever had a registration or licensed
revoked, suspended, denied by any other state or jurisdiction, which has not
been previously reported?”
(3) “Have you ever been disciplined or sanctioned
by another licensing board in any other state or jurisdiction, which has not
been previously reported?”
(4) “Have you obtained 24 hours of continuing
education as described in Soil 404 in the immediately preceding 24 months?”
(k) Sign and date the form under the following
attestations:
Source. #13560, eff 4-7-23
PART Soil 403 DISCIPLINARY MATTERS
Soil
403.01 Initiation of Disciplinary
Action. The board shall undertake
misconduct investigations, settlements of misconduct allegations, or
disciplinary hearings, in response to any information which reasonably suggests
that a certificate holder has engaged in professional misconduct.
Source. (See Revision Note at chapter heading for Soil
400) #9886-A, eff 3-11-11, EXPIRED: 3-11-19
New. #13560, eff 4-7-23
(formerly Soil 402.01)
Soil
403.02 Disciplinary Sanctions.
(a) Other than immediate certificate suspensions
authorized by
(1)
After prior notice and an opportunity to be heard; or
(2) Pursuant to a mutually agreed upon settlement
or consent decree.
(b) When the board receives notice that a
certificate holder has been subjected to disciplinary action related to
professional conduct by the licensing or certification authority of another
jurisdiction, where the certificate or license was not reinstated, the board
shall issue an order directing the certificate holder to demonstrate why
reciprocal discipline should not be imposed in New Hampshire.
(c) In a disciplinary proceeding brought on the basis of discipline imposed in another jurisdiction
the certificate holder shall be subject to any disciplinary sanction authorized
by RSA 310-A:93, III after the board considers the presence of aggravating or
mitigating circumstances.
(d) After a finding that misconduct has occurred,
the board shall impose one or more of the disciplinary sanctions authorized by
(e)
The following shall be considered aggravating circumstances:
(1) The seriousness of the offense;
(2) Prior disciplinary record;
(3) Lack of willingness to cooperate with the
board; and
(4) Potential harm to public health and safety.
(f) The following shall be considered mitigating
circumstances:
(1) Absence of a prior disciplinary record;
(2) Willingness to cooperate with the board;
(3) Acknowledgment of his or her wrongdoing; and
(4) The purpose of the rule or statute violated.
(g) No hearing date established in a proceeding
conducted under Soil 403.02 shall be postponed at the request of the
certificate holder unless the certificate holder also agrees to continue the
suspension period, if any, pending issuance of the board’s final decision.
(h) Copies of board orders imposing disciplinary
sanctions and copies of all settlement agreements or consent decrees shall be
sent to the licensing body of each state in which the certificate holder is
certified or licensed and to such other entities, organizations, associations,
or boards as are required to be notified under applicable state or federal law.
Source. (See Revision Note at chapter heading for
Soil 400) #9886-A, eff 3-11-11, EXPIRED: 3-11-19
New. #13560, eff 4-7-23
(formerly Soil 402.02)
Soil
403.03 Administrative Fines.
(a)
Adjudicative procedures seeking the assessment of an administrative fine
shall be commenced against any person subject to such fines under any provision
of
(b)
When persons subject to the board’s disciplinary authority are directed
to pay fines pursuant to Soil 403.02, such fines shall be assessed in
accordance with the factors stated in Soil 403.02 (e), 403.02 (f) and the
following additional considerations:
(1) The cost of any investigation or hearing conducted
by the board; and
(2) The certificate holder’s ability to pay a
fine assessed by the board.
(c)
Administrative fines shall not exceed the following amounts:
(1) When no violation of the same type has
occurred during a period of licensure within the 5 years preceding the board’s
notice to the respondent, the fine assessed shall not exceed $200.00 per day or
$1,000.00 per offense, whichever is greater;
(2) When a single disciplinary infraction of the
same type has occurred during a period of licensure within the 5 years
preceding the board’s notice to the respondent, the fine assessed shall not
exceed $200.00 per day or $1,500.00 per offense whichever is greater; and
(3) When more than one disciplinary infraction of
the same type has occurred during a period of licensure within the 5 years
preceding the board’s notice to the respondent, the fine assessed shall not
exceed $200.00 per day or $2,000.00 per offense whichever is greater.
(d)
In the case of continuing violations, a separate fine shall be assessed
for each day the violation continues.
(e)
A single course of continuing conduct shall be treated as a single
violation for purposes of Soil 403.03 (c), (1), (2) and (3).
Source. (See Revision Note at chapter heading for
Soil 400) #9886-A, eff 3-11-11, EXPIRED: 3-11-19
New. #13560, eff 4-7-23
(formerly Soil 402.03)
Soil 403.04 Procedures for Assessing and Collecting
Fines.
(a)
Payment of a fine shall be included among the options available for
settling disciplinary allegations, and shall be included among the types of
disciplinary sanctions imposed after notice and hearing.
(b)
In cases where the board initially intends to limit disciplinary
sanctions to an administrative fine, the board shall issue a “notice of apparent
liability” describing the alleged offense, stating the amount of the assessed
fine, and notifying the alleged offender that they shall pay or compromise the
fine by a certain date or request that an administrative hearing be held. If a hearing is requested, the notice of
apparent liability shall be withdrawn and a notice of hearing shall be issued.
In such hearings, the board’s disciplinary options shall not be limited to the
assessment of an administrative fine.
(c)
Nonpayment of a fine by a certificate holder or respondent in
contravention of an order, agreement or promise to pay, shall be a separate
ground for discipline by the board and a basis for denying a subsequent
certificate and renewal application and a basis for judicial action seeking to
collect the fine.
Source. (See Revision Note at chapter heading for
Soil 400) #9886-A, eff 3-11-11, EXPIRED: 3-11-19
New. #13560, eff 4-7-23
(formerly Soil 402.03)
PART
Soil 404 CONTINUING EDUCATION
Soil
404.01 Renewal Requirements.
(a)
Each certified wetland or soil scientist shall obtain at least 24 hours
of continuing education hours each biennium as a condition of biennial license
renewal.
(b)
All 24 continuing education hours shall be taken during the biennium
preceding the applicant’s expiration date.
(c)
A renewal application shall not be accepted for filing unless the
applicant indicates on the renewal application, and under penalty of unsworn
falsification, that they have completed the minimum required hours of approved
education required by Soil 404.01 (a).
(d)
New certified wetland or soil scientists shall obtain 12 continuing
education hours
for their first biennial renewal period.
Source. (See Revision Note at chapter heading for
Soil 400) #9886-A, eff 3-11-11, EXPIRED: 3-11-19
New. #13560, eff 4-7-23 (formerly Soil 403.01)
Soil 404.02 Continuing Education Hour Requirements. Continuing education hours shall meet the
following criteria:
(a)
Continuing education activities shall be relevant to the practice of
soil or wetland science or no credit shall be awarded. Such continuing education
activities shall include technical, ethical, or
managerial content;
(b)
Two hours of continuing education shall be in the area
of professional ethics;
(c)
The content of each presentation shall be well organized and presented
in a sequential manner;
(d)
There shall be a provision for individual
participant course or program registration including information required for
record keeping and reporting; and
(e)
Self-directed learning activities shall include a written instrument
which tests the certified wetland or soil scientist’s comprehension of the
content of that course or program.
Source. (See Revision Note at chapter heading for
Soil 400) #9886-A, eff 3-11-11, EXPIRED: 3-11-19
New. #13560, eff 4-7-23
(formerly Soil 403.02)
Soil 404.03 Continuing Education Hours. Continuing education hours shall be credited
as follows:
(a)
No more than 2 continuing education hours per year shall be granted for
activity on a state or national board of licensure with a maximum of 4
continuing education hours per biennium;
(b)
Courses or programs awarded one or more college semester credit hours, with
a passing grade where grades are issued, shall equal 15 continuing education
hours per credit hour based on course credit established by the college or
university;
(c)
Courses or programs awarded one or more college quarter hours, with a
passing grade where grades are issued, shall equal 10 continuing education
hours per credit hour based on course credit established by the college or
university;
(d)
Courses or programs awarded one or more continuing education units by
the course sponsor, with a passing grade where grades are issued, shall equal
10 continuing education hours per continuing education unit;
(e)
Credit shall be awarded for one hour of continuing education in course
work, seminars, or professional technical presentations made at meetings,
conventions, or conferences for each hour of attendance. Attendance at
qualifying programs presented at professional or technical society meetings
shall earn continuing education credit for the actual time of each program;
(f)
Teaching or instructing courses or seminars or making presentations at
technical meetings shall earn continuing education credit at twice that of
participants. Teaching credit shall be
valid for teaching a course or seminar for the first time only in each year of
the biennium. Teaching credit shall not
apply to full-time faculty;
(g)
Each professional journal, published paper, or published soil or wetland
science textbook pursuant to Soil 404.02 shall equal 8 continuing education
hours;
(h)
Active participation in professional or technical societies shall equal
one continuing education hour and shall require that a certified soil or
wetland scientist serve as an officer or actively participate in a committee of
the organization. Continuing education
hours shall not be earned until each year of service is completed and shall be
limited to 2 continuing education hours per organization;
(i) Field trips organized and run by professional
or technical societies or in conjunction with meetings, conventions, or
conferences shall be awarded one continuing education hour for each hour of
duration, up to 8 continuing education hours per day.
(j)
Self-directed learning activity through program, seminar, or webinar shall
equal one continuing education hour for each hour attended;
(k)
Training apprentice soil or apprentice wetland scientists shall equal 3
continuing education units per year; and
(l)
Continuing education hours shall not be recognized for any repeat
program attended or completed.
Source. (See Revision Note at chapter heading for
Soil 400) #9886-A, eff 3-11-11, EXPIRED: 3-11-19
New. #13560, eff 4-7-23
(formerly Soil 403.03)
Soil 404.04 Record Keeping and Audit.
(a)
The certified wetland or soil scientist shall maintain records to be
used to support continuing education hours claimed.
(b)
Records required by (a) above shall contain attendance verification in one
of the following forms:
(1) Certificate of completion; or
(2) Transcripts from a professional society or
institution.
(c)
The licensee shall retain attendance verification records for a period
of at least 4 years. Such documentation shall be made available to the board
for random audit and verification purposes. Documentation shall support
continuing education hours claimed on the renewal form. Failure to provide documentation for audit
verification shall result in disciplinary action.
(d)
Not less than 5 % of the certified soil and wetland scientists shall be
randomly selected each year for audit by the board for compliance with Soil. 404.01.
Source. (See Revision Note at chapter heading for
Soil 400) #9886-A, eff 3-11-11, EXPIRED: 3-11-19
New. #13560, eff 4-7-23
(formerly Soil 403.04)
Soil 404.05 Exemption. A certified wetland or soil scientist who has
been on active duty in the armed forces of the United States for more than 120
consecutive days during the biennium shall be exempt from the continuing
education requirements for that renewal period.
The applicant for renewal shall be required to provide the board with
the documentation proving active military duty at the time of renewal.
Source. (See Revision Note at chapter heading for
Soil 400) #9886-A, eff 3-11-11, EXPIRED: 3-11-19
New. #13560, eff 4-7-23
(formerly Soil 403.05)
(a) A petition requesting a waiver shall be filed
at least 30 days before the expiration of the biennial continuing education period
in question;
(b) Late filing shall be justified by a showing
of good cause that includes serious accident, illness or other circumstances
beyond the control of the certified soil or wetland scientist which actually prevents the certified soil or wetland scientist
from satisfying the continuing education requirements;
(c) Relevant supporting documentation from the
certified soil or wetland scientist’s physician or medical professional shall
be furnished to the board when necessary for a fair and informed determination
by the board;
and
(d) A waiver petition shall include a specific timetable
for completing specific courses, which will meet the petitioner’s continuing
education unit deficiency.
Source. (See Revision Note at chapter heading for
Soil 400) #9886-A, eff 3-11-11, EXPIRED: 3-11-19
New. #13560, eff 4-7-23
(formerly Soil 403.06)
Source. (See Revision Note at chapter heading for Soil
400) #9886-A, eff 3-11-11, EXPIRED: 3-11-19
New. #13560, eff 4-7-23
(formerly Soil 403.07)
Soil 404.08 Incomplete Applications or Denial of
Renewal.
(a)
The board shall notify the applicant of any deficiencies in the renewal
application within 60 days of acceptance for filing. Failure to remedy the deficiencies within 60
days shall result in denial of the renewal application. An application shall be
considered on file with the board when all deficiencies are corrected.
(b)
Renewal shall be denied if, after notice and an opportunity for hearing,
there is a finding of:
(1) Noncompliance with the continuing
education requirements of Soil 404.01(a);
(2) Any unethical act for which
discipline shall be imposed under Soil 500;
(3) Reasons for which an initial
application would have been denied; or
(4) Failure to furnish materially
complete or materially accurate information on a renewal license application.
Source. (See Revision Note at chapter heading for
Soil 400) #9886-A, eff 3-11-11, EXPIRED: 3-11-19
New. #13560, eff 4-7-23
(formerly Soil 403.08)
CHAPTER Soil
500 ETHICAL STANDARDS
PART Soil 501 RULES OF PROFESSIONAL CONDUCT
Soil 501.01 Purpose.
(a)
To establish and maintain a high standard of integrity, skills, and
practice in the profession of soil science or wetland science.
Source. #4676, eff 9-20-89,
EXPIRED: 9-20-95
New. #6232, eff 4-26-96;
ss by #6881, eff 11-13-98; ss by #8621, eff 5-2-06; ss by #9886-A, effective
3-11-11,
EXPIRED: 3-11-19
New. #13814, eff 1-28-24
Soil 501.02 Scope.
(a)
The following rules of professional conduct shall be binding upon every
person holding a certificate of soil science, certification of wetland science,
approval as a wetland or soil apprentice, and on all partnerships, corporations,
or other legal entities authorized to offer or perform the practice of soil
science or wetland science in this state.
Source. #4676, eff 9-20-89,
EXPIRED: 9-20-95
New. #6232, eff 4-26-96;
ss by #6881, eff 11-13-98; ss by #8621, eff 5-2-06; ss by #9886-A, effective
3-11-11,
EXPIRED: 3-11-19
New. #13814, eff 1-28-24
(formerly Soil 501.01)
Soil 501.03 Obligation To Obey.
(a)
The ethical standards set forth in Soil 500 shall bind all certified
wetland scientists, certified soil scientists, and approved apprentices, and
violation of any such standard shall be a basis for imposing disciplinary
sanctions. Conduct proscribed by these
ethical standards, when performed by an uncertified person, or during a prior
period of certification, shall also be a basis for denying an application or
issuing a restricted certificate.
(b)
All persons certified under
(c)
Certificate holders shall submit only truthful and correct information
in any application or other document filed with or statement made to the board.
(d)
Certificate holders shall inform the board of a principal address to
which all official board communications should be directed, and of all
addresses where the certificate holder is practicing. The establishment of a principal address or
the change or abandonment of a principal address shall be reported to the board
within 30 days.
Source. #4676, eff 9-20-89,
EXPIRED: 9-20-95
New.
#6232, eff 4-26-96; ss and moved by #6881, eff
11-13-98 (from Soil 501.02); ss by #8621, eff 5-2-06; ss by #9886-A, effective
3-11-11, EXPIRED: 3-11-19
New. #13814, eff 1-28-24
(formerly Soil 501.02)
Soil 501.04 Standards of Conduct.
(a)
The certified soil scientists, certified wetland scientist, and approved
apprentices shall hold paramount the safety, health, and welfare of the public
as follows:
(1) Perform services only in areas of the
certificate holder’s level of competence;
(2) Issue statements only in an objective and
truthful manner;
(3) Act for each employer or client as faithful
agents or trustees;
(4) Refrain from deceptive acts;
(5) Conduct themselves honorably, responsibly,
ethically, and lawfully so as to enhance the honor,
reputation, and usefulness of the profession;
(6) Undertake to perform soil or wetland science
assignments only when qualified by education or experience in the specific
technical field of soil or wetland science involved;
(7) Accept an assignment requiring education or
experience outside of the certificate holder’s own field of competence, but
only to the extent that the services are restricted to those phases of the
project in which the certificate holder is qualified. All other phases of such project shall be
performed by qualified associates, consultants, or employees;
(8) Not affix the certificate holder’s signature
or seal to any map, plan, or document dealing with subject matter for which the
certificate holder lacks competence by virtue of education or experience, nor
to any such map, plan, or document not prepared under the certificate holder’s
direct supervisory control; and
(9) Not sell or donate the use of a seal to
anyone, recognizing that the seal indicates the soil scientist's or wetland
scientist’s personal responsibility for the work bearing the seal.
(b)
The certified soil scientist, certified wetland scientist, and approved apprentice
shall issue public statements only in an objective and truthful manner, as
follows:
(1) Be objective and truthful in all professional
reports, statements, or testimony and include all relevant, pertinent, and
required information in such reports, statements, or testimony;
(2) When serving as an expert or technical
witness before any court, commission, or other tribunal, express an expert
opinion only:
a. When it is founded upon adequate
knowledge of the facts in issue;
b. Upon a background of technical competence in
the subject matter; and
c. Upon honest conviction of the accuracy and
propriety of the certificate holder’s testimony;
(3) Issue no statements, criticisms, or arguments
on soil and wetland science matters connected with public policy which are
influenced or paid for by an interested party, or parties, unless the
certificate holder has prefaced the comment by explicitly identifying the
identities of the party or parties on whose behalf the certificate holder is
speaking;
(4) Express an opinion or conclusion only upon
matters of established fact or direct observation and clearly distinguish
professional judgment or opinions from matters of fact or record;
(5) Not attempt to injure, maliciously or
falsely, directly or indirectly, the professional reputation, prospects,
practice, or employment of another; and
(6) If the certificate holder believes that
another soil or wetland scientist is guilty of misconduct or illegal practice, the
certificate holder shall present such information to the board in writing.
(c)
The certified soil scientist, certified wetland scientist, and
apprentice shall avoid conflicts of interest as follows:
(1) Promptly inform the employer or client of any
business associations, interests, or circumstances, which could influence the
certificate holder’s judgment, or the quality of services;
(2) Not accept compensation, financial or
otherwise, from more than one party for services pertaining to the same
project, unless the circumstances are fully disclosed to, and agreed to, by all
interested parties;
(3) Not solicit or accept financial or other
valuable considerations from material or equipment suppliers for specifying
their products;
(4) Not solicit or accept gratuities, directly or
indirectly, from contractors, their agents, or other parties dealing with the
certificate holder’s client or employer in connection with work for which the
certificate holder is responsible;
(5) When in public
service as a member, advisor, or employee of a governmental body or department,
not participate in considerations or actions with respect to private soil or
wetland science services provided by the certificate holder or by the certificate
holder’s organization;
(6) Not solicit or accept a soil or wetland
science contract from a governmental body on which a principal or officer of the
certificate holder’s organization serves as a member;
(7) Not divulge information given in confidence
by a client or employer except as required by law, directly or indirectly, in
any way that would violate the confidence of the employer or client;
(8) Not plagiarize oral or written communications
or knowingly accept credit for work rightfully due another person; and
(9) Reveal to clients, regulators, and the public
any conflict of interest or circumstances which may interfere with full
representation of the scientific facts or with the certificate holder’s
professional opinions.
(d)
The certified soil scientist, certified wetland scientist, and approved apprentice
shall solicit or accept work only on the basis of the
certificate holder’s qualifications as follows:
(1) Not offer to pay, either directly or
indirectly, any commission, political contribution, gift, or other
consideration in order to secure work, exclusive of
securing salaried positions through employment agencies;
(2) Compete for employment on
the basis of professional qualification and competence to perform the
work;
(3) Not solicit or submit proposals for
professional services containing false, fraudulent, misleading, deceptive, or
unfair statements or claims regarding the cost, quality, or extent of services
to be rendered;
(4) Not falsify or permit misrepresentation of the
certificate holder’s, or the
certificate holder’s associates’, academic or professional qualifications;
(5) Not misrepresent the certificate holder’s
degree of responsibility in or for the subject matter of prior assignments;
(6) Not distribute brochures or other
presentations incident to the solicitation of employment which shall
misrepresent pertinent facts concerning employers, employees, associates, joint
ventures, the certificate holder, or their past accomplishments with the intent
and purpose of enhancing the certificate holder’s qualifications and their work;
(7) Limit public advertising to a description of
the services available;
(8) Act for the client or employer as a finder of
facts in developing soil maps, wetland maps, and related material and shall
provide a product that accurately depicts soils and wetlands as a natural body
on the landscape;
(9) Advise the client of the level of accuracy
and limitations of the soil maps and wetland maps relative to the intended use;
and
(10) Indicate the standards of classification and
mapping used.
(e)
The certified soil scientist, certified wetland scientist, and
apprentice shall provide services in an ethical and lawful manner, as follows:
(1) Not knowingly associate with or permit the
use of the certificate holder’s name or firm’s name in a business venture by
any person or firm which the certificate holder knows, or has reason to
believe, is engaging in business or professional practices of a fraudulent or
dishonest nature;
(2) Cooperate with another soil scientist or
wetland scientist with an interchange of information where such interchange
does not conflict with confidential matters between the soil scientist or
wetland scientist and the client;
(3) Not attempt to injure another soil or wetland
scientist’s reputation, prospects, practice or employment;
(4) If the certificate holder has knowledge or
reason to believe that another person or firm may be in violation of any of
these provision or provisions of
(5) Cooperate with investigations and requests
for information from the board and the board’s representatives.
Source. #4676, eff 9-20-89,
EXPIRED: 9-20-95
New. #6232, eff 4-26-96;
ss and moved by #6881, eff
11-13-98 (from Soil 501.02); ss by #8621, eff 5-2-06; ss by #9886-A, effective
3-11-11,
EXPIRED: 3-11-19
New. #13814, eff 1-28-24
(formerly Soil 501.03)
PART Soil 502 VOLUNTARY
CERTIFICATE SURRENDER
Soil 502.01 Procedure for Surrendering Certificate Any person holding a certificate may
voluntarily surrender that certificate by returning it to the board accompanied
by a signed letter stating that the certificate holder intends to surrender their
certificate.
Source. #4676, eff 9-20-89,
EXPIRED: 9-20-95
New. #6232, eff 4-26-96;
ss by #6881, eff 11-13-98; ss by #8621, eff 5-2-06; ss by #9886-A, effective
3-11-11,
EXPIRED: 3-11-19
New. #13814, eff 1-28-24
Soil 502.02 Effect of Voluntary Certificate Surrender.
(a)
A certified soil scientist, certified wetland scientist, or apprentice
who voluntarily surrenders a certificate shall retain no right or privilege to
practice soil or wetland science in New Hampshire unless specifically set forth
in a board order or settlement agreement authorizing the voluntary surrender. Unless otherwise provided by the board, a
certified soil scientist, certified wetland scientist, or apprentice who
reapplies for certification in New Hampshire after a voluntary surrender shall
have the burden of proving compliance with all of the
requirements then in effect for new applicants, including professional
character requirements.
(b)
Surrender or non-renewal of a certificate shall not preclude the board
from investigating or completing a disciplinary proceeding based upon the
certified soil scientist, certified wetland scientist, or apprentice’s professional
conduct while the certificate was still in effect. Such investigations and proceedings shall be
handled in the same manner as other disciplinary investigations and
proceedings.
Source. #4676, eff 9-20-89,
EXPIRED: 9-20-95
New. #6232, eff 4-26-96;
ss by #6881, eff 11-13-98; ss by #8621, eff 5-2-06; ss by #9886-A, effective 3-11-11, EXPIRED: 3-11-19
New. #13814, eff 1-28-24
Soil 502.03 Voluntary Surrender When Misconduct
Allegations are Pending.
(a)
A certified soil scientist, certified wetland scientist, or apprentice
who wishes to surrender their certificate as part of a settlement of pending
misconduct allegations shall make a written settlement offer to the board
before the close of the record in a disciplinary hearing.
(b)
Any settlement agreement reached under (a), above, shall include the
following concessions:
(1) That the certified soil scientist, certified wetland
scientist, or apprentice’s surrender has occurred in settlement of pending
disciplinary charges; and
(2) That the pending disciplinary allegations
shall be issues to be resolved in any future application the certified soil scientist,
certified wetland scientist, or apprentice submits in New Hampshire.
(c)
The board shall decline to accept a settlement agreement under (a),
above, if the board believes the certified soil scientist, certified wetland
scientist, or apprentice has declined to disclose material information
concerning the alleged misconduct or has refused to stipulate to the truth of
specific material facts concerning the alleged misconduct which would be
necessary to protect the public interest in the event the individual
subsequently reapplies for a certificate.
(d)
A certified soil scientist, certified wetland scientist, or apprentice’s
stipulation of facts shall be exempt from public disclosure to the extent
permitted by
(e)
The fact of certificate surrender and the terms of any settlement
agreement pertaining thereto shall be distributed to all relevant licensing
authorities and professional societies in the same manner as a final decision
containing specific finding of professional misconduct.
Source. #4676, eff 9-20-89,
EXPIRED: 9-20-95
New. #6232, eff 4-26-96;
ss by #6881, eff 11-13-98; ss by #8621, eff 5-2-06; ss by #9886-A, effective
3-11-11,
EXPIRED: 3-11-19
New. #13814, eff 1-28-24
APPENDIX
|
Rule |
|
|
|
|
|
Soil 101 |
RSA 310-A:81 |
|
Soil 102 |
RSA 541-A:57 |
|
Soil
102.01 |
RSA
541-A:16, I(b) |
|
Soil 103-104 |
RSA 310-A:81 and RSA 541-A:16, I(a) |
|
Soil 105-106 |
RSA 310-A:81 and RSA 541-A:16, I(a) |
|
|
|
|
Soil 201 - 202 |
RSA 310-A:93, RSA 310-A:94 and RSA
541-A:16, I(b) |
|
Soil
203.01 - 203.05 |
RSA
310-A:93, RSA 310-A:94 and RSA 541-A:16, I(b) |
|
Soil
203.06 |
RSA
310-A:81 and RSA 541-A:16, I(a) |
|
Soil
203.07 - |
RSA 310-A:93, RSA 310-A:94 and RSA
541-A:16, I(b) |
|
Soil 204 - 213 |
RSA 310-A:93, RSA 310-A:94 and RSA
541-A:16, I(b) |
|
Soil 214 |
RSA 541-A:16, I(b)(3) |
|
Soil 215 |
RSA 541-A:16, I(c) |
|
Soil 216 |
RSA 541-A:16, I(d) |
|
Soil 217 |
|
|
|
|
|
Soil 301.01 |
|
|
Soil 301.02 |
|
|
Soil 301.03 |
|
|
Soil 301.04 |
|
|
Soil 301.05 |
|
|
Soil 301.06 |
|
|
Soil 301.07 |
|
|
Soil 301.08 |
|
|
Soil 302.01 |
|
|
Soil 302.02 |
|
|
Soil 302.03 |
|
|
Soil 302.04 |
|
|
Soil 302.05 |
|
|
Soil 303.01 |
|
|
Soil 303.02 |
|
|
Soil 303.03 |
|
|
Soil 304.01 |
|
|
Soil 304.02 |
|
|
Soil 304.03 |
|
|
Soil 304.04 |
|
|
Soil 305.01 |
|
|
|
|
|
Soil 401.01 |
|
|
Soil 401.02 |
|
|
Soil 401.03 |
|
|
Soil 401.04 |
RSA 541-A:16,
I(b) |
|
Soil 402.01 |
|
|
Soil 402.02 |
|
|
Soil 402.03 |
|
|
Soil 403.01 |
|
|
Soil 403.02 |
|
|
Soil 403.03 |
|
|
Soil 403.04 |
|
|
Soil 404.01 |
RSA 310-A:82,
IV, RSA 310-A:89 |
|
Soil 404.02 |
RSA 310-A:82,
IV, RSA 310-A:82, VII |
|
Soil 404.03 |
RSA 310-A:82,
IV, RSA 310-A:82, VII |
|
Soil 404.04 |
RSA 310-A:82,
IV, RSA 310-A:82, VII |
|
Soil 404.05 |
RSA 310-A:82,
IV, RSA 310-A:82, VII |
|
|
|
|
Soil 501 |
RSA 310-A:82,
VI |
|
Soil 502 |
RSA 310-A:82,
VI, RSA 310-A:94 |