Wyo. Code R. 084-0001-4
Geologists, Board of Professional
Chapter 4: Regulatory Provisions
Effective Date: 11/05/2012 to 11/16/2015
Rule Type: Superceded Rules & Regulations
Reference Number: 084.0001.4.11052012
(a) All geologists-in-training and professional geologists certified or licensed in the State of Wyoming shall acknowledge and subscribe to this 'Code of Professional Conduct' wherever they are professionally employed or practice geology before the public.
(b) All licensees and trainees, shall be of good professional character and repute and shall be guided by the highest standards of personal integrity and professional conduct:
(i) They shall pursue honesty, integrity, loyalty, fairness, impartiality, candor, fidelity to trust, inviolability of confidence, and honorable conduct as a way of life.
(A) By applying for or by continuing licensure or certification, they agree to comply with and uphold this Code of Professional Conduct.
(c) All licensees and trainees shall uphold public health, safety, and welfare in the performance of professional services, and avoid even the appearance of impropriety.
(i) They shall observe and comply with the requirements and intent of all laws, codes, and regulations.
(A) They shall not knowingly participate in any illegal activities, or knowingly permit the publication of their reports, maps, or other documents for an illegal purpose.
(B) They shall neither offer nor make any illegal payment, gift, or other valuable consideration to a public official for the purpose of influencing a decision by such official; nor shall they accept any payment, gift, or other valuable consideration which would appear to influence a decision made on behalf of the public by them acting in a position of public trust.
(C) If they become aware of a decision or action by an employer, client, or colleague which violates any law or regulation, they shall advise against such action, and when such violation appears to adversely affect public welfare or the safeguard of life, health, property and the environment, they shall advise the appropriate public officials responsible for the enforcement of such law or regulation.
(ii) They shall be accurate, truthful, and candid in all communications with the public.
(A) They shall not knowingly engage in false or deceptive advertising, or make false, misleading, or deceptive representations or claims in regard to the profession of geology or which concern their own professional qualifications or abilities or those of other geologists.
(B) They shall not issue a statement or information which they know to be false or misleading even though directed to do so by an employer or client.
(C) They shall avoid making sensational, exaggerated, and/or unwarranted statements that may mislead or deceive members of the public or any public body.
(iii) They should participate as citizens and as professionals in public affairs.
(A) Licensees or trainees acting in a position of public trust shall exercise their authority impartially, and shall not seek to use their authority for personal profit or to secure any competitive advantage.
(iv) They should promote public awareness of the effects of geology and geological processes on the quality of life.
(d) Licensees and trainees shall serve their employers and clients faithfully and competently within their overall professional obligations.
(i) They shall disclose any actual or potential conflicts of interest which may affect their ability to faithfully serve an employer or client.
(A) They shall disclose to a prospective employer or client the existence of any owned or controlled mineral or other interest which may, either directly or indirectly, have a bearing on such employment.
(B) Licensees and trainees having or expecting to have beneficial interest in a property on which they report shall state the existence of such interest or expected interest in the report.
(C) Licensees and trainees employed or retained by one employer or client shall not knowingly accept, without that employer's or client's written consent, an engagement by another if the interests of the two are in any manner conflicting.
(D) They shall not accept referral fees from any person to whom an employer or client is referred; however, nothing herein shall prohibit them from being compensated by the employer or client for consultation, or for other services actually performed.
(E) They shall not offer or pay referral fees to any person who refers an employer or client to them; however, nothing herein shall prohibit them from compensating the person giving the referral for consultation or for other services actually performed.
(ii) They shall protect, to the fullest possible extent, the interest of an employer or client so far as is consistent with public welfare or the safeguard of life, health, property and the environment and the licensee's or trainee's legal, professional, and ethical obligations.
(A) They 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 which is adverse or detrimental to the interests of the employer or client, except with the prior consent of the employer or client or when disclosure is required by law.
(B) A licensee or trainee who has made an investigation for an employer or client shall not seek to profit economically from the information gained without written permission of the employer or client, unless it is clear that there can no longer be a conflict of interest with the original employer or client.
(C) They shall not use their employer's or client's resources for private gain without their employer's or client's prior knowledge and consent.
(iii) Licensees and trainees shall provide competent service to their employers and clients.
(A) They shall only perform professional services or issue professional advice which is within the scope of their education and experience and that of their professional associates, consultants, or employees, and shall advise the employer or client if any professional advice is outside of their personal expertise.
(B) They shall not give a professional opinion or submit a report without being as thoroughly informed as might be reasonably expected, considering the purpose for which the opinion or report is requested.
(C) They shall engage, or advise an employer or client to engage, and cooperate with other experts and specialists whenever the employer's or client's interest would be best served by such service.
(iv) They shall serve their employers and clients diligently and perform their services in a timely manner.
(v) Licensees and trainees who find that obligations to an employer or client conflict with professional or ethical standards shall have such objectionable conditions corrected or they shall resign.
(e) A licensee shall not knowingly seal, sign, and date any reports, maps, or other documents not:
(i) Prepared by the licensee;
(ii) Prepared under the licensee's responsible charge or direct supervision; or
(iii) reviewed in a thorough and technical manner by the licensee.
(f) Licensees and trainees shall respect the rights, interests, and contributions of their professional colleagues.
(i) They shall respect and acknowledge the professional status and contributions of their colleagues.
(A) They shall give due credit for work done by others in the course of a professional assignment, and shall not knowingly accept credit due another.
(B) They shall not plagiarize another in oral or written communications, or use materials prepared by others without appropriate attribution.
(g) Licensees and trainees should continually strive to improve the profession of geology so that it may be of ever increasing benefit to society.
(i) They should strive to improve their professional knowledge and skills.
(ii) They should cooperate with others in the profession and encourage the dissemination of geological knowledge.
(iii) They should work toward the improvement of standards of geological education, research, training, and practice.
(iv) They should not only uphold these standards of professional conduct by precept and example, but also encourage by counsel and advice to other licensees and trainees, their adherence to such standards.
(v) Licensees and trainees having knowledge of another licensee or trainee violating the Act, the rules of the Board, or this code of professional conduct shall bring substantial evidence of such violation to the attention of the Board.
(a) The seal authorized for licensees is of the crimp type and/or rubber stamp facsimile and shall be of the design shown below. 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. It is preferred that a licensee's number be preceded by the capital letters 'PG' followed by a short dash (example: PG-0000). A license number without the 'PG-' is also acceptable. The assigned license number should be centered in the inner area of the seal in the space occupied by the word 'NUMBER' and the size of the numbers should not be larger than the letters in 'NAME'. The words and parentheses '(NUMBER)' and '(NAME)' should not appear on the seal. The seal shall not include the word 'DATE'.
(b) After the Board notifies an applicant for licensure as a professional geologist that all his or her licensure requirements are satisfied, the applicant must obtain and purchase a seal of the design stipulated in subsection (a) of this section of the rules in order to complete his or her 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 must submit, on a form provided by the Board, an impression or stamp of the seal he or she has obtained, superimposed over an original signature. Failure to provide this impression or stamp is a violation of W.S. 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 must have his or her seal approved by the Board.
(d) An imprint of 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 W.S. 33-41-102(a)(viii). An imprint of the licensee's seal shall be superimposed over his or her signature and the date signed. Computer generated seals are acceptable if accompanied by an original signature of the licensee and date as long as the computer generated seal complies with the requirements of subsection 2(a) above.
(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 [for example] J. Doe, P.G. 0111 on (date)' or,
(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 must be unique to the licensee using it; be able to be verified; be under the sole control of the licensee using it; and be linked to a document in such a manner that the electronic signature is invalidated if any data in the document is altered.
(iii) A scanned image of an original signature and date shall not be substituted for a certified seal nor used in lieu of an electronic signature.
(f) Any work sealed and signed by a licensee must have been prepared by that licensee, or by someone under the responsible charge or direct supervision of the licensee, or have been thoroughly and technically reviewed by 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 the licensee.
(g) A licensee whose license is expired shall not use his or her seal on any work until the license is reinstated.
(h) 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.
(i) If a licensee changes his or her name, the licensee shall notify the Board in writing. This notification should be made within thirty (30) calendar days of the name change and should include a statement explaining the reason for the name change and a copy of the legal documents effecting the change. Within ninety (90) calendar days after the licensee's name change, the 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.