Wyo. Code R. 084-0001-4
Geologists, Board of Professional
Chapter 4: Regulatory Provisions
Effective Date: 02/06/2020 to Current
Rule Type: Current Rules & Regulations
Reference Number: 084.0001.4.02062020
(a) By applying for or continuing licensure or certification, all licensees and trainees agree to comply with and uphold the following Code of Professional Conduct wherever they are professionally employed or practice geology before the public:
(i) A licensee or trainee shall not submit any materially false statements or fail to disclose any material facts requested in connection with the application for or renewal of a license or certificate;
(ii) A licensee or trainee shall not engage in fraud, deceit, misrepresentation, or concealment of material facts in advertising, soliciting or providing professional services to members of the public;
(iii) A licensee shall not knowingly seal, sign and date any reports, maps, or other documents not:
(A) Prepared by the licensee;
(B) Prepared under the licensee's responsible charge or direct supervision; or
(C) Reviewed thoroughly and technically by the licensee.
(iv) A licensee or trainee shall not knowingly violate any federal or state statute concerning bribery;
(v) A licensee or trainee shall comply with all federal, state, and local laws, codes, ordinances, or regulations pertaining to their professional practice. A licensee or trainee shall not provide any professional services in violation of any such laws, codes, ordinances, or regulations;
(vi) A licensee or trainee shall not violate any state or federal criminal statute involving fraud, misrepresentation, embezzlement, theft, forgery or breach of fiduciary duty, where the violation is related to his professional practice;
(vii) A licensee or trainee shall not knowingly accept an assignment where the duty to a client or the public would conflict with their personal interest or the interest of another client without full disclosure of all material facts of the potential conflict to each person who might be related to or affected by the project or engagement in question;
(viii) Licensees and trainees shall not accept compensation for services related to the same project or professional engagement from more than one private party without making full disclosure to all parties involved and obtaining the express written consent of all parties involved;
(ix) Licensees and trainees who serve governmental or quasi-governmental organizations or departments, or are board members of any organization which receives government funds as members, advisors, or employees shall recuse themselves from any conflict of interest decision and act in the best interest of that organization;
(x) A licensee or trainee shall not perform professional services or issue professional advice which is outside of the scope of their education and experience or that of their professional associates, consultants, or employees.
(xi) A licensee shall make full disclosure to all parties concerning: (a) any transaction involving payments to any person for the purpose of securing a contract, assignment, or engagement, except for actual and substantial technical assistance in preparing the proposal; or (b) any monetary, financial, or beneficial interest the licensee may hold in a contracting firm or other entity providing goods or services, other than the licensee's professional services, to a project or engagement;
(xii) A licensee shall not solicit, receive, or accept compensation from material, equipment, or other product or service suppliers for specifying or endorsing their products, goods, or services to any client or other person without full written disclosure to all parties;
(xiii) If a licensee's professional judgment is overruled or not adhered to under circumstances where a serious threat to the public health, safety, or welfare results or would result, the licensee shall immediately notify the client or employer. If the client or employer does not take appropriate remedial action within a reasonable amount of time under the circumstances, the licensee shall notify the appropriate public officials and the Board of the specific nature of the public threat;
(xiv) A licensee or trainee shall not use, directly or indirectly, any confidential information obtained from or in the course of performing services for an employer or client in any way that is adverse or detrimental to the interest of the employer or client, except with the prior consent of the employer or client or when disclosure is required by law.
(xv) Licensees and trainees shall respect the rights, interests and contributions of their professional colleagues. They shall acknowledge the professional contributions of their colleagues and give due credit for work done by others. They shall not knowingly accept credit due another, plagiarize another in oral or written communications, or use materials prepared by others without appropriate attribution.
(b) Failure to comply with any provision of this section shall be deemed to be evidence of gross negligence, incompetence, or other misconduct.
(a) The seal authorized for licensees is of the crimp type and/or rubber stamp facsimile and shall be of the design shown below, or an electronic image of the same design. The seal consists of concentric circles with the diameter of the outer circle being one and three quarter (1.75) inches and the diameter of the inner circle being one and one quarter (1.25) inches. The upper portion between the two circles shall bear the phrase: 'PROFESSIONAL GEOLOGIST'. At the bottom of the annular space between the two circles shall appear the inscription 'WYOMING'. The inner circle shall contain the name of the licensee and the license number above the outline of a bucking horse of the size, shape, and orientation shown. All new seals shall display a licensee's number preceded by the capital letters 'PG' followed by a short dash (example: PG-0000). A license number without the 'PG-' is also acceptable for seals issued prior to January 1, 2020. The assigned license number shall be centered in the inner area of the seal in the space occupied by the word 'NUMBER' and the size of the numbers shall not be larger than the letters in 'NAME'. The words and parentheses '(NUMBER)' and '(NAME)' shall not appear on the seal. The seal shall not include the word 'DATE'.
(b) After the Board notifies an applicant for licensure that all requirements are satisfied, the applicant shall obtain and purchase a seal of the design stipulated in subsection (a) of this section of the rules in order to complete his licensure. The Board or its designee(s) will provide a list of vendors who can manufacture and provide seals.
(c) Within ninety (90) calendar days from the date of notification of licensure, the applicant shall submit, on a form provided by the Board, an impression or stamp of the seal he has obtained, superimposed over an original signature. Failure to provide this impression or stamp is a violation of Wyoming Statute § 33-41-115(b). Upon approval of the seal impression or stamp, a licensee will be sent a license. If the Board disapproves the applicant's seal, the Board shall require the applicant to obtain and purchase another seal that meets the Board's stated specifications. Prior to sealing any work, a licensee shall have his seal approved by the Board.
(d) The licensee's valid seal shall appear on the cover page of all original geologic reports or other geologic documents in volume form as well as on each and every sheet of unbound geologic drawings, cross sections, or maps prepared by or under the responsible charge or direct supervision of the licensee, or reviewed in a thorough and technical manner by the licensee, whenever these documents are relevant to public welfare or the safeguard of life, health, property and the environment, pursuant to Wyoming Statute § 33-41-102(a)(viii). The licensee's seal shall be superimposed over his signature and the date signed.
(e) Original work in an electronic format with a computer generated seal may be submitted in digital format or transmitted via electronic mail (e-mail) as follows:
(i) Work shall be certified and dated by the licensee using the following text block or similar wording: The seal appearing on this document was authorized by J. Doe, PG-1111 on (date);
(ii) Work shall have an affixed electronic signature and date which is a digital authentication that shall carry the same weight, authority, and effect as an original signature and date. The electronic signature and date shall be: unique to the licensee using it; verifiable; under the sole control of the licensee affixing it; and linked to a document in such a manner that the data in the document can be verified as being unaltered since the time that the digital signature was affixed; or
(iii) A scanned image or other reproduction of an original signature and date may be used in lieu of an original signature or digital signature if accompanied by the date of the signature.
(f) In accordance with the Uniform Electronic Transactions Act (Wyoming Statute §§ 40-21-101 to -119), an electronic image of the licensee's seal, signature, and date is permitted to be used in lieu of an original seal, signature, and date on electronic submittals made to agencies of local, state, and federal governments or between private entities if they so desire.
(g) Any work sealed and signed by a licensee shall have been prepared by the licensee, thoroughly and technically reviewed by the licensee, or prepared by someone under the responsible charge or direct supervision of the licensee. After-the-fact ratification of a document by signing, dating, and sealing as described in Section 2(d) above, when the underlying work was not performed by or under the responsible charge and supervision of the licensee, is only permissible following thorough and technical review by that licensee.
(h) A licensee whose license is expired shall not use their seal on any work until the license is reinstated.
(i) If a replacement or additional seal is required, the licensee shall submit an impression or stamp of the new seal to the Board for its approval, pursuant to subsection (c) of this section of the rules. The impression or stamp of the new seal shall be accompanied by a statement by the licensee made under oath, stipulating the reason for the seal's duplication.
(j) After notifying the Board of a name change as required in Chapter 3, Section 3 of these rules, a licensee shall obtain a new seal and submit an impression or stamp of the new seal to the Board for its approval, pursuant to subsection (c) of this section of the rules within ninety (90) calendar days after the name change.