SECTIONS 7860-7863 - California Statutes

BUSINESS AND PROFESSIONS CODE

SECTION 7860-7863

7860. (a) The board may, upon its own initiative or upon the
receipt of a complaint, investigate the actions of any professional
geologist, geophysicist, or person granted temporary authorizations
pursuant to Sections 7848 and 7848.1, and make findings thereon.
(b) By a majority vote, the board may publicly reprove, suspend
for a period not to exceed two years, or revoke the certificate of
any geologist or geophysicist registered hereunder, or may publicly
reprove or revoke the temporary authorization granted to any person
pursuant to Section 7848 or 7848.1, on any of the following grounds:
(1) Conviction of a crime substantially related to the
qualifications, functions, or duties of a geologist or geophysicist.
(2) Misrepresentation, fraud, or deceit by a geologist or
geophysicist in his or her practice.
(3) Negligence or incompetence by a geologist or geophysicist in
his or her practice.
(4) Violation of any contract undertaken in the capacity of a
geologist or geophysicist.
(5) Fraud or deceit in obtaining a certificate to practice as a
geologist or geophysicist, or in obtaining a temporary authorization
to practice pursuant to Section 7848 or 7848.1.
(c) By a majority vote, the board may publicly reprove, suspend
for a period not to exceed two years, or may revoke the certificate
of any geologist or geophysicist registered under this chapter, or
may publicly reprove or revoke the temporary authorization granted to
any person pursuant to Section 7848 or 7848.1, for unprofessional
conduct. Unprofessional conduct includes, but is not limited to, any
of the following:
(1) Aiding or abetting any person in a violation of this chapter
or any regulation adopted by the board pursuant to this chapter.
(2) Violating this chapter or any regulation adopted by the board
pursuant to this chapter.
(3) Conduct in the course of practice as a geologist or
geophysicist that violates professional standards adopted by the
board.

7861. The proceedings under this article shall be conducted in
accordance with Chapter 5 (commencing with Section 11500) of Part 1
of Division 3 of Title 2 of the Government Code, and the board shall
have all the powers granted therein.

7862. The board may reissue a certificate of registration,
certification, or authority, to any person whose certificate has been
revoked if a majority of the members of the board vote in favor of
such reissuance for reasons the board deems sufficient.

7863. A plea or verdict of guilty or a conviction following a plea
of nolo contendere made to a charge substantially related to the
qualifications, functions and duties of a geologist or geophysicist
is deemed to be a conviction within the meaning of this article. The
board may order the certificate or authorization suspended or
revoked, or may decline to issue a certificate or authorization, when
the time for appeal has elapsed, or the judgment of conviction has
been affirmed on appeal, or when an order granting probation is made
suspending the imposition of sentence, irrespective of a subsequent
order under the provisions of Section 1203.4 of the Penal Code
allowing such person to withdraw his plea of guilty and to enter a
plea of not guilty, or setting aside the verdict of guilty, or
dismissing the accusation, information or indictment.