Nebraska Board of Geologists

Rulemaking Public Hearing Notice




NOTICE is hereby given that the Board of Geologists will hold a rulemaking hearing on the 17th day of January 2019, commencing at 1:00 pm, 215 Centennial Mall South, at the Lincoln Community Foundation Building, Large Conference Room, 5th Floor.

The PURPOSE of the hearing is to take testimony and evidence about adoption and amendments and additions to Title 171, Chapters 1 through 7. This action is proposed to implement Neb. Rev. Stat. §§ 81-3501 to 81-3541, consistent with the authority granted by the law and with constitutionality. The subject matter of the rulemaking action is as follows:

The Board of Geologists is reorganizing, amending for clarification, and adopting new rules reflecting board policy. The main topics to be considered through these proposals include, but are not limited to, the following:

  • New rule specifying that an applicant’s prior criminal or disciplinary history is not an automatic bar to licensure or admittance to the examinations;
  • New rule clarifying what constitutes acceptable direct supervision of geologic work;
  • New rule allowing for the acceptance of electronic education transcripts;
  • New rule clarifying work performed under a conditional approval is deemed to have been performed pursuant to a valid license, certificate, or permit;
  • Deletion of Duties of the Board in Chapter 2 to remove redundant language already found in the Geologists Regulations Act;
  • Reorganization of Chapter 3 – Licensure Provisions into four separate chapters for easier referencing and user friendliness;
  • Deletion of definitions already found in Title 53 NAC, Chapter 4 of the Department of Justice which have been adopted and incorporated into Title 171 NAC;
  • Revisions to Chapter 5 to simplify and clarify the enforcement process when undertaken by the Board; and
  • Revision to the requirement that the person in responsible charge on a Certificate of Authorization only need to be regularly offering services rather than being a full-time employee of the organization.

This hearing is being conducted under the provisions of Section 84-907 R.R.S., 1943, which provides that Draft copies of the proposed rules are available for public examination at the office of the Board of Geologists and the office of the Secretary of State, State Capitol Building, Lincoln, Nebraska. The full text of the proposed changes can be found here; Clean Copy and Legislative Copy.

A complete statement on the fiscal impact for organizations and persons regulated by these regulations can be examined at the office of the Board of Geologists, 215 Centennial Mall South, Ste 400, Lincoln, Nebraska 68508, (402) 471-8383, and at the office of the Secretary of State, Capitol Building, Lincoln, Nebraska.

All interested persons are invited to ATTEND and TESTIFY orally or by written submission at the hearing. Interested persons may also submit written comments prior to the hearing that will be made part of the hearing record at the time of hearing if received by the Board of Geologists on or before January 8, 2019. If auxiliary aids or reasonable accommodations are needed to participate at the hearing, please call (402) 471-8383 no later than ten days before the hearing. TDD users please call (800) 833-7352 and ask the relay operator to call us at (402) 471-8383.

DATED at Lincoln, Nebraska, this 21st day of November 2018.

Charles Joyce, Chairperson