Title 43 — Occupations and Professions

Unless the context or subject matter otherwise requires: 1. "Board" means the state board of registration for professional soil classifiers hereinafter provided in this chapter. 2. "Kind of soil" is a group of natural bodies that has a discrete combination of landscape, morpholog…

A state board of registration for professional soil classifiers is hereby created whose duty it is to administer the provisions of this chapter. The board consists of three professional soil classifiers appointed by the governor and two members at large appointed by the governor.…

Each member of the board must be a citizen of the United States and a resident of this state.

Each member of the board is entitled to receive compensation at the rate of sixty-two dollars and fifty cents per day and reimbursement for expenses as provided by law for state officers, if attending board meetings or performing duties directed by the board.

The governor may remove any member of the board for misconduct, incompetency, neglect of duty, or for any sufficient cause in the manner prescribed by law for the removal of state officials. Vacancies in the membership of the board must be filled for the unexpired term by appoint…

The board shall hold at least two regular meetings each year. Special meetings may be held as the bylaws of the board provide. The board shall elect or appoint annually the following officers: a chairman, a vice chairman, and a secretary. A quorum of the board consists of three m…

The board has the power to administer this chapter under chapter 28-32 and: 1. To adopt and amend all bylaws, rules of procedure, and regulations to administer and carry out the provisions of this chapter and for the conduct of its affairs and functions consistent with the consti…

The secretary of the board shall receive and account for all moneys derived under the provisions of this chapter and shall deposit and disburse the same in accordance with section 54-44-12. The secretary shall give a surety bond to the state in such sum as may be required by the …

The board shall: 1. Keep a record of its proceedings and of all applications for registration which record must show the name, age, and last-known address of each applicant, the place of business of such applicant, the applicant's education, experience and other qualifications, t…

To be eligible for registration as a professional soil classifier or certification as a soil classifier-in-training, an applicant must be of good character and reputation and shall submit a written application to the board containing such information as the board may require, tog…

Conviction of an offense does not disqualify a person from registration under this chapter unless the board determines that the offense has a direct bearing upon a person's ability to serve the public as a professional soil classifier, or that, following conviction of any offense…

An applicant otherwise qualified must be admitted to registration as a professional soil classifier without examination upon payment of the required fees if: 1. The applicant is of good character, has been a resident of the state for at least one year immediately preceding the da…

An applicant otherwise qualified must be admitted to registration as a professional soil classifier if the applicant has successfully passed an examination in the principles and practice of soil classifying as prescribed by the board and has one of the following additional qualif…

Unless otherwise qualified, a person must be admitted to certification as a soil classifier-in-training, which certification is valid for four years, if the person is: 1. A graduate of a soils curriculum approved by the board and has passed an examination in the fundamentals of s…

Application for registration as a professional soil classifier and for certification as a soil classifier-in-training must be on a form prescribed and furnished by the board, must contain statements made under oath showing the applicant's education, a detailed summary of the appl…

1. The board shall establish registration fees provided: a. The registration fee for in-state professional soil classifiers must be at least fifty dollars but not more than three hundred dollars. b. The registration fee for in-state soil classifier-in-training certification or en…

Examinations must be held at such times and places as the board determines. Examinations required on fundamental soil subjects may be taken at any time prescribed by the board. The final examinations may not be taken until the applicant has completed a period of soil classifying …

The board shall issue a certificate of registration upon payment of the registration fee as provided for in this chapter to any applicant who in the opinion of the board has met the requirements of this chapter. Enrollment cards must be issued to those who qualify as soil classif…

Certificates of registration expire on the last day of the month of December following their issuance and become invalid after that date unless renewed. It is the duty of the secretary of the board to notify every person registered under this chapter of the date of the expiration…

A new certificate of registration to replace any certificate lost, destroyed, or mutilated may be issued subject to the rules of the board. A reasonable charge must be made for such issuance.

The board shall cause to have prepared and shall adopt a code of ethics a copy of which must be delivered to every registrant and applicant for registration under this chapter. Such delivery constitutes due notice to all registrants. The board may revise and amend this code of et…

The board has the power to suspend, refuse to renew or revoke the certificate of registration of, or reprimand any registrant who is guilty of any of the following: 1. The practice of fraud or deceit in obtaining a certificate of registration. 2. Any gross negligence, incompetenc…

Any person may prefer charges of fraud, deceit, gross negligence, incompetence, misconduct, or violation of the code of ethics against any individual registrant. Such charges must be in writing and must be sworn to by the person or persons making them and must be filed with the s…

No person may practice or offer to practice professional soil classifying as defined by this chapter unless the person is duly registered to practice under or exempt from the provisions of this chapter.

This chapter shall not be construed to prevent or affect: 1. The practice or offer to practice soil classifying by a person not a resident or having no established place of business in this state provided such person is legally qualified by the provisions of this chapter to pract…

Any person who practices or offers to practice professional soil classifying in this state without being registered in accordance with the provisions of this chapter, or any person using or employing the words "soil classifier" or "professional soil classifier" or any modificatio…