N.H. Code Admin. R. Ann. Soil — Board of Natural Scientists

Chapter Soil 100 Definitions, Organization and Public Information

Part Soil 101 Purpose and Scope

N.H. Code Admin. R. Ann. Soil 101.01 Purpose and Scope {#sec-soil-101.01 omnilex-key=us-nh-regs-official--agency-soil--Soil 101.01}

The rules of this title implement the statutory responsibilities of the New Hampshire board of natural scientists created by RSA 310-A:81. The rules in this title regulate but are not limited to the certification of soil and wetland scientists and the practice of soil and wetland science in the state of New Hampshire.

History

#6231, eff 4-26-96; ss by #8006, eff 12-18-03; ss by #14535, eff 4-1-26

Part Soil 102 Definitions

N.H. Code Admin. R. Ann. Soil 102.01 Terms Used {#sec-soil-102.01 omnilex-key=us-nh-regs-official--agency-soil--Soil 102.01}

As used in these rules, the following terms shall have the meanings indicated:

(a) “Apprentice” means those persons who are in the process of completing the requirements for the classifications of either a soil scientist or wetland scientist in accordance with Soil 300;

(b) “Board” means the New Hampshire board of natural scientists created by RSA 310-A:81;

(d) “Office” means the office of professional licensure and certification (OPLC);

(e) "Pedological principles" means, “pedological principles” as defined in RSA 310-A:76, III namely “but is not limited to, the taxonomic identification, classification, and morphological description of soils as natural bodies.”

(f) “Practice of soil science” means “practice of soil science” as defined in RSA 310-A:76, IV namely “any professional service that requires the application of pedological principles to identify, classify, and prepare maps delineating soils according to the standards of the National Cooperative Soil Survey or other standards approved by the board.”;

(g) “Soil scientist” means, “certified soil scientist” as defined in RSA 310-A:76, II namely “a person who, by reason of special knowledge of pedological principles acquired by professional education and practical experience, as specified by RSA 310-A:84, I and II, is qualified to identify, classify, and prepare soil maps according to the standards of the National Cooperative Soil Survey, or standards adopted by the New Hampshire department of environmental services, or standards adopted by the board, and who has been duly certified by the office.”;

(h) "Certified wetland scientist" means “certified wetland scientist” as defined in RSA 310-A:76, II-a, namely “a person who, by reason of his or her special knowledge of hydric soils, hydrophytic vegetation, and wetland hydrology acquired by course work and experience, as specified by RSA 310-A:84, II-a and II-b, is qualified to delineate wetland boundaries and to prepare wetland maps; to classify wetlands; to prepare wetland function and value assessments; to design wetland mitigation; to implement wetland mitigation; to monitor wetlands functions and values; and to prepare associated reports, all in accordance with standards for identification of wetlands adopted by the New Hampshire department of environmental services or the United States Army Corps of Engineers or their successors, and who has been duly certified by the office.”

History

#4676, eff 9-20-89, EXPIRED: 9-20-95
#6231, eff 4-26-96; ss by #8006, eff 12-18-03; ss by #13640, 7-18-23; ss by #14535, eff 4-1-26

Part Soil 103 Board Organization

N.H. Code Admin. R. Ann. Soil 103.01 Duties and Responsibilities {#sec-soil-103.01 omnilex-key=us-nh-regs-official--agency-soil--Soil 103.01}

The board shall administer the provisions of RSA 310-A:75 through RSA 310-A:95 which include but are not limited to fostering intelligent application of the knowledge of soil properties and wetland characteristics in planning and implementing land use decisions in this state.

History

#4676, eff 9-20-89, EXPIRED: 9-20-95
#6231, eff 4-26-96; ss by #8006, eff 12-18-03; ss by #14535, eff 4-1-26

N.H. Code Admin. R. Ann. Soil 103.02 Composition of the Board {#sec-soil-103.02 omnilex-key=us-nh-regs-official--agency-soil--Soil 103.02}

Pursuant to RSA 310-A:81, I, the board shall consist of 7 members who meet the eligibility requirements of RSA 310-A:81, I and II.

History

#4676, eff 9-20-89, EXPIRED: 9-20-95
#6231, eff 4-26-96; ss by #8006, eff 12-18-03; ss by #14535, eff 4-1-26

N.H. Code Admin. R. Ann. Soil 103.03 The Chairperson and Vice Chairperson {#sec-soil-103.03 omnilex-key=us-nh-regs-official--agency-soil--Soil 103.03}

The chairperson shall preside at all meetings. In the absence of the chairperson, the vice-chairperson shall preside.

History

#6231, eff 4-26-96; ss by #8006, eff 12-18-03; ss by #14535, eff 4-1-26

N.H. Code Admin. R. Ann. Soil 103.04 Organization {#sec-soil-103.04 omnilex-key=us-nh-regs-official--agency-soil--Soil 103.04}

In October of even years, the board shall meet and organize and, by election from among its members, select a chairperson and vice-chairperson.

History

#8006, eff 12-18-03; ss by #14535, eff 4-1-26 (formerly Soil 103.05)

N.H. Code Admin. R. Ann. Soil 103.05 Office Hours, Office Location, Mailing Address and Telephone {#sec-soil-103.05 omnilex-key=us-nh-regs-official--agency-soil--Soil 103.05}

(a) The board’s office shall be located at the OPLC, 7 Eagle Square, Concord, N.H. and shall be open to the public weekdays, excluding state holidays, from 8:00 a.m. to 4:00 p.m.

(b) Correspondence shall be addressed to the board at:

Office of Professional Licensure and Certification

7 Eagle Square

Concord, N.H. 03301

History

#8006, eff 12-18-03; ss by #13640, eff 7-18-23; ss by #14535, eff 4-1-26 (formerly Soil 103.07)

Part Soil 104 Public Information

N.H. Code Admin. R. Ann. Soil 104.01 Record of Board Actions {#sec-soil-104.01 omnilex-key=us-nh-regs-official--agency-soil--Soil 104.01}

Minutes shall be kept of board meetings and of official actions taken by the board. Minutes of board actions which are not confidential under RSA 91-A:3, II or RSA 91-A:5 shall be governmental records and shall be available for inspection during the board’s ordinary office hours within 5 days from the close the meeting or vote in question unless the 72 hours availability requirement of RSA 91-A:3, III is applicable.

History

#8006, eff 12-18-03; ss by #9884, eff 3-11-11; ss by #14535, eff 4-1-26

N.H. Code Admin. R. Ann. Soil 104.02 Custodian of Records {#sec-soil-104.02 omnilex-key=us-nh-regs-official--agency-soil--Soil 104.02}

Persons desiring copies of board records shall submit a written request to OPLC as required in Plc 104 which identifies as particularly as possible the information being sought and agree to pay the actual costs incurred by the OPLC for the documents provided. If records are requested which contain both public and confidential information, the OPLC shall delete the confidential information and provide the remaining information.

History

#8006, eff 12-18-03; ss by #14535, eff 4-1-26

Part Soil 105 Meetings, Deliberations and Decisions

N.H. Code Admin. R. Ann. Soil 105.01 Meetings {#sec-soil-105.01 omnilex-key=us-nh-regs-official--agency-soil--Soil 105.01}

Regular meetings shall be held at least 3 times each year. Special meetings shall be called by order of the chairperson or vice chairperson. Each member of the board shall be notified in writing of each meeting, and such notice shall contain the place, date, time, and subject of the meeting.

History

#8006, eff 12-18-03; ss by #14535, eff 4-1-26

N.H. Code Admin. R. Ann. Soil 105.02 Quorum {#sec-soil-105.02 omnilex-key=us-nh-regs-official--agency-soil--Soil 105.02}

A quorum of the board shall consist of a majority of the members present who have been approved by the governor and executive council. In the absence of the chair or vice chair, a quorum of the board shall designate a pro tempore officer for the officer or officers absent.

History

#8006, eff 12-18-03; ss by #14535, eff 4-1-26

Chapter Soil 200 Practice and Procedure

Part Soil 201 Practice and Procedures

N.H. Code Admin. R. Ann. Soil 201.01 Rules of Practice and Procedure {#sec-soil-201.01 omnilex-key=us-nh-regs-official--agency-soil--Soil 201.01}

The Plc 200 rules shall govern with regards to all procedures for:

(a) The receipt and investigation of misconduct complaints;

(b) The conduct of adjudicative and non-adjudicative proceedings;

(d) Public comment hearings;

(e) Declaratory rulings;

(f) Explanation of adopted rules;

(g) Voluntary surrender of licenses; and

(h) Waivers.

History

#14535, eff 4-1-26

Chapter Soil 300 Certification Requirements

Part Soil 201 Practice and Procedures

N.H. Code Admin. R. Ann. Soil 303.01 Definitions, Organization and Public Information {#sec-soil-303.01 omnilex-key=us-nh-regs-official--agency-soil--Soil 303.01}

and Soil 303.03 Soil 303.01

N.H. Code Admin. R. Ann. Soil 303.02 Definitions, Organization and Public Information {#sec-soil-303.02 omnilex-key=us-nh-regs-official--agency-soil--Soil 303.02}

and Soil 303.04 Soil 303.02

N.H. Code Admin. R. Ann. Soil 303.05 Definitions, Organization and Public Information {#sec-soil-303.05 omnilex-key=us-nh-regs-official--agency-soil--Soil 303.05}

Soil 303.03

N.H. Code Admin. R. Ann. Soil 305.01 Definitions, Organization and Public Information {#sec-soil-305.01 omnilex-key=us-nh-regs-official--agency-soil--Soil 305.01}

-305.04 Soil 304.01-Soil 304.04

N.H. Code Admin. R. Ann. Soil 306.01 Definitions, Organization and Public Information {#sec-soil-306.01 omnilex-key=us-nh-regs-official--agency-soil--Soil 306.01}

Soil 305.01

The prior filings affecting the former rule Soil 303.01 included the following documents:

#4676, effective 9-20-89, EXPIRED 9-20-95

#6232, effective 4-26-96

#6881, effective 11-13-98

#8008, effective 12-18-03

The prior filings affecting the former rule Soil 303.03 included the following documents:

#4676, effective 9-20-89, EXPIRED 9-20-95

#6232, effective 4-26-96

#6881, effective 11-13-98 (from Soil 303.02)

#7189, effective 1-11-00

#8008, effective 12-18-03

The prior filings affecting the former rule Soil 303.02 included the following documents:

#4676, effective 9-20-89, EXPIRED 9-20-95

#6232, effective 4-26-96

#6881, effective 11-13-98

#7189, effective 1-11-00

#9045, effective 12-5-07

The prior filings affecting the former rule Soil 303.04 included the following documents:

#6881, effective 11-13-98 (formerly Soil 303.03)

#7189, effective 1-11-00

#9045, effective 12-5-07

Former Soil 304 on reciprocity had been filed under Document #4676, effective 9-20-89, and expired 9-20-95, but the number was reserved in Document #6232, effective 4-26-96.

The source notes in Soil 300 below which have been renumbered by Document #9886-A include the former rule number, and the documents cited apply to the former rule number.

REVISION NOTE #2:

Document #14019, effective 9-6-24, adopted and readopted with amendments all of the rules in Chapter Soil 300. The rules which were adopted had previously expired 3-11-19 as indicated in the source notes, except for Soil 304.03 titled “Authorization to Practice” which was new.

The former Soil 301.03 titled “Fees” and Soil 301.05 titled “Replacement Fee” had expired 3-11-19 and were not adopted again. The former Soil 301.04 titled “Application, Certification Examination Fees” had expired 3-11-19 but was revised and adopted again and renumbered as Soil 301.03 titled “Application and Certification Examination Fees”. The prior filings affecting the expired Soil 301.03 and Soil 301.05 included the following documents as noted:

#4676, eff 9-20-89, EXPIRED: 9-20-95 (Soil 301.03 only)

#6232, eff 4-26-96

#8008, eff 12-18-03

#9886-A, eff 3-11-11, EXPIRED: 3-11-19

Paragraphs (a) and (c) of Soil 301.07 titled “Information from References for Wetland Scientist Candidates” had expired 3-11-19. Paragraph (b) was amended and incorporated into the former Soil 301.06, which was renumbered as Soil 301.04, and now titled “Information from References for Soil Scientist and Wetlands Scientist Candidates.”

Document #14019 also renumbered expired Soil 301.04 as Soil 301.03, expired Soil 301.08 as Soil 301.05, expired Soil 304.03 as Soil 304.04, and expired Soil 304.04 as Soil 304.05. The source notes in Soil 300 below which have been renumbered by Document #14019 include the former rule number, and the documents cited apply to the former rule number.

Document #14019 replaces all prior filings affecting the rules in this chapter.

Part Soil 301 Application Requirements

N.H. Code Admin. R. Ann. Soil 301.01 Application Process {#sec-soil-301.01 omnilex-key=us-nh-regs-official--agency-soil--Soil 301.01}

(a) The initial application to become an apprentice soil or wetland scientist or certified as a soil or wetland scientist shall be processed in accordance with Plc 304.06 through Plc 304.10.

(b) A person wishing to become an apprentice soil or wetland scientist shall submit the following:

(1) The “Universal Application for Initial Licensure” and the “Soil or Wetland Scientist Apprentice Addendum to the Universal Application for Initial Licensure” required by Soil 301.02(a);

(2) If the applicant answered in the affirmative to any of the yes or no questions on the “Universal Application for Initial Licensure” form, a detailed description of the incident(s);

(3) A completed “Professional Reference Form” described in Soil 301.04(b);

(4) A certified copy of transcripts from all post-secondary institutions attended, as described in Soil 301.02(b)(2); and

(5) The application fee specified in Plc 1002.31.

(1) A completed “Universal Application for Initial Licensure” and a “Soil or Wetland Scientist Addendum to the Universal Application for Initial Licensure” required by Soil 301.02(c);

(2) A certified copy of transcripts from all post-secondary institutions attended, as described in Soil 301.02(b)(2);

(3) A completed “Professional Reference Form” described in Soil 301.04(b);

(4) Copies of at least 6 maps as follows:

a. For wetland scientists, the maps described in Soil 302.04(b); and

b. For soil scientists, the maps as described in Soil 302.02(c);

(5) A passing score on the examination described in Soil 303;

(6) If the applicant answered in the affirmative to any of the yes or no questions located on the “Universal Application for Initial Licensure” described in Plc 304.03(e), a detailed description of the incident(s); and

(7) The application fee specified in Plc 1002.31.

History

#4676, eff 9-20-89, EXPIRED: 9-20-95
#6232, eff 4-26-96; ss by #6881, eff 11-13-98; ss by #8621, eff 5-2-06; ss by #9886-A, eff 3-11-11, EXPIRED: 3-11-19
#14019, eff 9-6-24 (see Revision Note #2 at chapter heading for Soil 300); ss by #14455, eff 2-8-26, EXPIRES: 2-8-36

N.H. Code Admin. R. Ann. Soil 301.02 Application Forms {#sec-soil-301.02 omnilex-key=us-nh-regs-official--agency-soil--Soil 301.02}

(a) Applicants for certification as a soil scientist apprentice or wetland scientist apprentice shall submit:

(1) The “Universal Application for Initial Licensure” required in Plc 304.01(a)(1); and

(2) The “Soil or Wetland Scientist Apprentice Addendum to the Universal Application for Initial Licensure” by providing the following information:

a. A list of all names the applicant has ever been known by;

b. The first state certified or registered in as a natural scientist apprentice;

c. The certificate number and date certified;

d. Whether certified by examination;

e. Whether the certificate is valid, and if not, the reasons why certificate is not valid;

f. A list of current memberships in professional or scientific associations, including:

The name of organization;
The location;
The applicant’s grade of membership; and
Date of membership;

g. A list of home study and on-line school courses related to soil science or wetland science completed, if applicable, including:

Course title;
Course dates;
Educational institution; and
Semester hours awarded to the course;

h. A list of any additional educational institutions attended that were not listed on the “Universal Application for Initial Licensure” including:

Colleges and universities attended including the location;
Dates attended;
Graduation date; and
Number of credits completed; and

i. A list of professional experience and including:

Name and address of employer;
Title of position;
Dates of employment;
Name and present address of someone familiar with each position; and
Degree of responsibility and tasks performed.

(b) Applicants shall submit the following in support of the application required in (a)(1) and (2) above:

(1) Fee for initial licensure described in Plc 1002.31;

(2) College or university official transcripts showing the degree awarded and the date the degree was awarded directly from the issuing institution to the OPLC; and

(3) If the applicant answered yes to any of the question listed in Plc 304.03(e), a detailed explanation of the yes answer including the name of any court in which a conviction has occurred, details of any offense, the date of any conviction, and any sentence imposed.

(1) The “Universal Application for Initial Licensure” required in Plc 304.01(a)(1); and

(2) The “Soil or Wetland Scientist Addendum to the Universal Application for Initial Licensure” by providing the following information:

a. All names the applicant has ever been known by;

b. In addition to the information regarding the applicant’s registration or certification in other states, whether the applicant was certified by examination or reciprocity;

c. A list of current memberships in professional or scientific associations, including:

The name of the organization;
The location; and
The applicant’s grade of membership, and date of membership;

d. A list of home study and on-line school courses related to soil or wetland science completed including:

Course title;
Course dates;
Educational institution; and
Semester hours awarded to the course;

e. A summary of the applicant’s employment including the following information:

Indicate in the column titled “Key” the number used in the supplemental experience record described in f. below for each assignment or project;
Indicate the dates of employment;
List the name of the employer, title of position, location and character of each position, and degree of responsibility; and
Name and present address of someone familiar with each position. This person shall be a person the applicant reported to or an individual familiar with the applicant’s work at the place of employment;

f. A detailed supplementary experience by:

Numbering each project or assignment consecutively. The number assigned to each project shall be the number used in the key section of the summary of employment described in e. above; and
Listing and identifying projects or assignments in chronological order, starting with the first projects or assignments. Being specific in identifying the portion of the work personally completed, and identifying the project by job title, name of client, and location of project;

g. If applying for certification as a soil scientist, list the 6 soil maps which comply with Soil 302.02(d), attached to the application, and include the following information:

Date;
Standard;
Agency; and
Owner’s name and address;

h. If applying for certification as a wetland scientist, list the 6 wetland maps which comply with Soil 302.04(b), attached to the application, and include the following information:

Date;
Standard;
Agency;
Owner’s name and address;
Classification of the wetland delineated; and
One of the 6 wetland maps shall have a function and values assessment using the New Hampshire Method or the Army Corps of Engineers Highway Methodology; and

i. Five references not related to the applicant, with 2 references from soil or wetland scientists, having personal knowledge of the applicant’s experience and include the following information for each of the references:

Full name;
Complete address;
Reference’s phone number;
Occupation of the reference; and
Business relationship to the applicant.

(d) The following shall be submitted in support of the application required in (c)(1) and (2) above:

(1) Fee for initial licensure described in Plc 1002.31;

(2) College or university transcripts showing the date the degree was awarded directly from the issuing institution to the OPLC;

(3) If the applicant answered yes to any of the questions listed in Plc 304.03(e)(1) through (5) and (7) through (10), provide a detailed explanation of the yes answer; and

(4) If the applicant answered yes to the question listed in Plc 304.03(e)(6), the name of the court(s) in which the conviction(s) occurred, the details of the offence(s), the date of the conviction(s), and the sentence(s) imposed.

History

#4676, eff 9-20-89, EXPIRED: 9-20-95
#6232, eff 4-26-96; ss by #6881, eff 11-13-98; ss by #8621, eff 5-2-06; ss by #9886-B, eff 3-11-11, EXPIRED 3-11-2019
#14019, eff 9-6-24 (see Revision Note #2 at chapter heading for Soil 300); ss by #14455, eff 2-8-26, EXPIRES: 2-8-36

N.H. Code Admin. R. Ann. Soil 301.03 Application and Certification Examination Fees {#sec-soil-301.03 omnilex-key=us-nh-regs-official--agency-soil--Soil 301.03}

The fees shall be as required in Plc 1002.31.

History

#4676, eff 9-20-89, EXPIRED: 9-20-95
#6232, eff 4-26-96; ss by #6881, eff 11-13-98; amd by #7189, eff 1-11-00; amd by #7935, eff 9-1-03; ss by #9045, eff 12-5-07; ss by #9886-A, eff 3-11-11, EXPIRED: 3-11-19
#14019, eff 9-6-24 (see Revision Note #2 at chapter heading for Soil 300); ss by #14455, eff 2-8-26, EXPIRES: 2-8-36

N.H. Code Admin. R. Ann. Soil 301.04 Information from References for Soil Scientist and Wetland Scientist Applicants {#sec-soil-301.04 omnilex-key=us-nh-regs-official--agency-soil--Soil 301.04}

(a) The applicant for certification shall have the 5 references listed on the application form required in Soil 301.02 complete the “Professional Reference Form”.

(b) Each reference shall provide or answer the following on the “Professional Reference Form”:

(1) The applicant's name;

(2) The reference's full name;

(3) The reference’s present business or profession;

(4) Yes or no to the question “Are you a certified or practicing soil scientist”;

(5) If the reference answers yes to question (4) above, list the state they are certified or practicing in;

(6) Yes or no to the question “Are you a certified or practicing wetland scientist”;

(7) If the reference answers yes to question (6) above, list the state they are certified or practicing in;

(8) How long has the reference known the applicant for whom they are providing the reference;

(9) Yes or no to “Are you in any way related to the applicant for whom you are providing the reference” and if yes, list how;

(10) What is the reference’s business connection with the applicant;

(11) An answer the question “To the best of your knowledge, how many years of experience does the applicant have within the field”;

(12) Yes or no to the question “Would you employ the applicant in a position of trust” and if no, provide a detailed explanation;

(13) If the applicant is connected with a firm provide the firm’s name and address, and position of the applicant;

(14) Yes or no to the question “Is the applicant qualified to be placed in responsible charge” and if no, provide a detailed explanation;

(15) If the applicant is in an individual practice, provide the nature of such practice;

(16) Yes or no to the question “Do you recommend the applicant for certification in New Hampshire” and if no, provide a detailed explanation; and

(17) Any additional remarks concerning the applicant if the reference wishes to provide any.

(c) Each individual providing a professional reference shall sign and date the completed “Professional Reference Form” below the following attestation:

“I make the above statements with full knowledge that the person referred to is making application for licensure to the State of New Hampshire Board of Natural Scientist.”

(d) The OPLC shall use as references any individuals, companies, or institutions whose names appear in any part of the application form.

History

#6232, eff 4-26-96; ss by #6881, eff 11-13-98; ss by #8621, eff 5-2-06; ss #9886-A, eff 3-11-11, EXPIRED: 3-11-19
#14019, eff 9-6-24 (see Revision Note #2 at chapter heading for Soil 300); ss by #14455, eff 2-8-26, EXPIRES: 2-8-36

N.H. Code Admin. R. Ann. Soil 301.05 Additional References {#sec-soil-301.05 omnilex-key=us-nh-regs-official--agency-soil--Soil 301.05}

All applicants shall provide the names and addresses of additional references if the OPLC determines the original references are unclear, incomplete, or contradictory.

History

#6232, eff 4-26-96; ss by #6881, eff 11-13-98; ss by #8621, eff 5-2-06; ss #9886-A, eff 3-11-11, EXPIRED: 3-11-19
#14019, eff 9-6-24 (see Revision Note #2 at chapter heading for Soil 300)

Part Soil 302 Qualification of Applicants

N.H. Code Admin. R. Ann. Soil 302.01 Candidates Requirements {#sec-soil-302.01 omnilex-key=us-nh-regs-official--agency-soil--Soil 302.01}

(a) Candidates for certification as a soil scientist shall meet the requirements established by RSA 310-A:84, I and shall not have been convicted of any felonies or misdemeanors relating to dishonesty and demonstrate good professional character in the content of references provided.

(b) Candidates for apprentice soil scientist shall meet the requirements of RSA 310-A:85, I.

(c) Candidates for certification as a wetland scientist shall meet the requirements established by RSA 310-A:84, II-a and shall not have been convicted of any felonies or misdemeanors relating to dishonesty and demonstrate good professional character in the content of references provided.

(d) Candidates for apprentice wetland scientist shall meet the requirements of RSA 310-A:85, II.

History

#4676, eff 9-20-89, EXPIRED: 9-20-95
#6232, eff 4-26-96; ss by #6881, eff 11-13-98; ss by #6881, eff 11-13-98; ss by 8621, eff 5-2-06; ss by #9886-A, eff 3-11-11, EXPIRED: 3-11-19
#14019, eff 9-6-24 (see Revision Note #2 at chapter heading for Soil 300); ss by #14455, eff 2-8-26, EXPIRES: 2-8-36

N.H. Code Admin. R. Ann. Soil 302.02 Soil Scientist Candidate Experience Requirements {#sec-soil-302.02 omnilex-key=us-nh-regs-official--agency-soil--Soil 302.02}

(a) Graduates of an accredited 4-year college curriculum leading to a baccalaureate degree, where the applicant successfully completes 30 semester hours in biological, physical, and earth science, including 15 semester hours in soil science, shall have an additional 3 or more years of experience in the practice of soil science as described in (b) below.

(b) Experience in the practice of soil science shall be reviewed and determined pursuant to RSA 310-A:84 as follows:

(1) A minimum one year of the experience shall be actual field soil mapping;

(2) Teaching soil science courses or performing research in soil science or agronomy curriculum shall be considered the practice of soil science. Such teaching or research shall not be considered actual field soil mapping experience;

(3) Educational courses shall not be considered actual field mapping experience;

(4) Each advanced degree in a related field shall be counted as one year of experience with one year awarded for a master’s degree and 2 years awarded for a Ph.D. in a related field including geology and any other field in which the principles of soil science are applied. Advanced degrees shall not be considered actual field soil mapping experience;

(5) Employment by the United States Department of Agriculture (USDA), Natural Resources Conservation Service (NRCS) or other governmental agency as a soil scientist and active engagement in the practice of soil science as defined under RSA 310-A:76, IV, shall be considered experience pursuant to RSA 310-A:84. Each year of such employment shall be considered one year of experience;

(6) Actual field soil mapping experience shall be the practice of soil science as defined under RSA 310-A:76, IV;

(7) Soil maps prepared during the practice of soil science which shall meet:

a. The standards of the National Cooperative Soil Survey as follows:

“Soil Taxonomy, A Basic System of Soil Classification for Making and Interpreting Soil Surveys”, second edition, 1999, available as indicated in Appendix B;
“Keys to Soil Taxonomy”, thirteenth edition 2022, available as indicated in Appendix B;
“Soil Survey Staff Natural Resources Conservation Service, Official Soil Series Descriptions and Series Classifications”, United States Department of Agriculture, published, August 8, 2023, available as indicated in Appendix B;
“The Field Book for Describing and Sampling Soils, Version 3.0”, Division Staff, U.S. Department of Agriculture, published September 2012, available as indicated in Appendix B;
“Soil Survey Manual, Soil Survey Division Staff U.S. Department of Agriculture Handbook 18”, published 2017, minor amendments 2018, available as indicated in Appendix B; and
“NH Statewide Numerical Soil Legend, issue #10”, dated January 2011, available as indicated in Appendix B;

b. “The Standards of Special Publication No.1 of the Society of Soil Scientists of Northern New England, High Intensity Soil Maps for New Hampshire” published December 2017, available as indicated in Appendix B; or

c. “The Standards of Special Publication No. 3 of the Society of the Soil Scientists of Northern New England, Site-Specific Soil Mapping Standards for New Hampshire and Vermont”, published July 2021, available as indicated in Appendix B; and

(8) Training as an apprentice soil scientist, where the apprentice is practicing soil science as defined under RSA 310-A:76, IV, shall be considered experience.

(1) The dates of employment;

(2) The number of total acres soil mapped during such employment;

(3) The county and state locations of soil mapping; and

(4) The standards by which soil mapping was conducted.

(d) Applicants shall submit 6 or more soil maps prepared to the standards under Soil 302.02(b)(7), and all maps shall be submitted with a copy of the United States Geological Survey (USGS) mapping with site located and owner’s name and address. Each map shall include the name of the person who prepared the map, the supervisor’s name, and date the map was prepared.

(e) The applicant shall provide additional maps if the OPLC determines the maps are incomplete or unclear or do not meet the standards of Soil 302.02(b)(7).

(f) The board shall conduct field reviews of any of the supplied maps when it deems it necessary to clarify the applicant's experience upon permission of current landowner.

History

#4676, eff 9-20-89, EXPIRED: 9-20-95
#6232, eff 4-26-96; ss by #8008, eff 12-18-03; ss by #9886-A, eff 3-11-11, EXPIRED: 3-11-19
#14019, eff 9-6-24 (see Revision Note #2 at chapter heading for Soil 300); ss by #14455, eff 2-8-26, EXPIRES: 2-8-36

N.H. Code Admin. R. Ann. Soil 302.03 Soil Scientist Candidate Education Requirements {#sec-soil-302.03 omnilex-key=us-nh-regs-official--agency-soil--Soil 302.03}

(a) The applicant shall submit one of the following in order to indicate to the OPLC that they are competent to practice as a soil scientist:

(1) Transcripts showing that the applicant is a graduate of an accredited 4-year college curriculum leading to a baccalaureate degree, where the applicant successfully completed 30 semester hours in biological, physical, and earth science, including 15 semester hours in soil science, and with a specific record of an additional 3 or more years’ experience in the practice of soil science;

(2) Transcripts showing that the applicant is a graduate of an accredited college curriculum leading to a baccalaureate or an associate degree, where the applicant successfully completed 15 semester hours in soil science, and with a specific record of an additional 4 or more years’ experience in the practice of soil science; or

(3) Transcripts showing that the applicant is a graduate of an accredited college curriculum leading to a baccalaureate or associate degree, or showing that the applicant earned the equivalent number of credits, and with a specific record of an additional 6 or more years in the practice of soil science.

(b) In addition to (a) above, the soil scientist applicant shall have education in:

(1) Soil genesis and classification; and

(2) Soil morphology.

History

#6232, eff 4-26-96; ss by #8008, eff 12-18-03; ss by #9886-A, eff 3-11-11, EXPIRED: 3-11-19
#14019, eff 9-6-24 (see Revision Note #2 at chapter heading for Soil 300); ss by #14455, eff 2-8-26, EXPIRES: 2-8-36

N.H. Code Admin. R. Ann. Soil 302.04 Wetland Scientist Experience Requirements {#sec-soil-302.04 omnilex-key=us-nh-regs-official--agency-soil--Soil 302.04}

(a) Experience in the practice of wetland science shall be determined as follows:

(1) A minimum one year of the experience requirement shall be actual field delineation of wetland boundaries pursuant to RSA 310-A:84, II-b (a); or

(2) A minimum of 3 years of the experience requirement shall be actual field delineation of wetland boundaries and the preparation of wetland maps, the classification of wetlands, the preparation of wetland function and value assessments, the design of wetland mitigation, the implementation of wetland mitigation, the monitoring of wetlands functions and values, and preparation of associated reports. Each advanced degree in a related field shall count as one year of experience, pursuant to RSA 310-A:84, II-b(c).

(b) Applicants shall provide 6 or more wetland delineation maps with all wetlands classified according to “Classification of Wetlands and Deepwater Habitats of the United States”, FGDC-STD-004-2013, second edition, available as indicated in Appendix B, as follows:

(1) At least one of the delineation maps shall include a complete assessment of functions and values using either the method for the “Method for Inventorying and Evaluating Freshwater Wetlands in NH - Comparative Evaluation of Nontidal Wetlands in New Hampshire”, published December 2015 or “US Army Corps of Engineers, Highway Methodology Workbook Supplement”, published September 2009, for candidates pursuant to RSA 310-A:84, II-a(a) available as indicated in Appendix B;

(2) At least 4 of the delineation maps shall utilize the standards of the “Corps of Engineers Wetland Delineation Manual, Technical Report 4-87-1”, (January 1987), and “Interim Regional Supplement to the Corps of Engineers Wetland Delineation Manual: Northcentral and Northeast Region, U.S. Army Corps of Engineers”, published October 2009, available as indicated in Appendix B; and

(3) The remainder shall meet the requirements of a state or federal regulatory agency.

History

#6881, eff 11-13-98; ss by #8222, eff 12-4-04; ss by #9886-A, eff 3-11-11, EXPIRED: 3-11-19
#14019, eff 9-6-24 (see Revision Note #2 at chapter heading for Soil 300); ss by #14455, eff 2-8-26, EXPIRES: 2-8-36

N.H. Code Admin. R. Ann. Soil 302.05 Wetland Scientist Candidate Mapping and Education Requirements {#sec-soil-302.05 omnilex-key=us-nh-regs-official--agency-soil--Soil 302.05}

(a) All wetland delineation maps shall cite the standard which was utilized and the agency to which they were submitted.

(b) All wetland delineation maps shall be submitted with a copy of the USGS mapping with the site located and the owner’s name and address.

(c) Applicants shall provide additional maps and supporting documentation, including but not limited to field notes, reports, or data forms if the OPLC finds that the maps are incomplete or unclear or do not meet the requirements of Soil 302.04 and Soil 302.05.

(d) The board shall conduct field reviews of any of the supplied maps when it deems it necessary to clarify the applicant's experience upon permission of the current landowner.

(e) Teaching a college level credit course in wetland science according to the standards of Soil 302.04 shall be considered one year of experience.

(f) Wetland science performed as an apprentice wetland scientist under the direct supervision of a certified wetland scientist and according to the standards of Soil 302.04 shall be considered experience.

(g) Candidates for wetland scientist pursuant to RSA 310-A:84, II-a(a) shall provide satisfactory evidence of a minimum of 24 credit hours in any of the following environmental sciences:

(1) Botany;

(2) Soil science;

(3) Hydrology;

(4) Wetland science;

(5) Biology;

(6) Forestry;

(7) Wildlife;

(8) Ecology;

(9) Water resources;

(10) Plant science;

(11) Agronomy;

(12) Geology;

(13) Earth science;

(14) Wetland mitigation; or

(15) Assessments of functions and values.

(h) Candidates pursuant to RSA 310-A:84, II-a (b), shall provide satisfactory evidence of a minimum of 12 combined credit or non-credit semester hours in any of the environmental sciences list in Soil 302.05 (g).

(i) In accordance RSA 310-A:84, II-a(a) and (b), 12.5 hours of the workshops in any of the environmental sciences referenced in Soil 302.05(g) shall be equivalent to one semester hour.

History

#6881, eff 11-13-98; amd by #8008, eff 12-18-03; ss by #8222, eff 12-4-04; ss by #9886-A, eff 3-11-11, EXPIRED: 3-11-19
#14019, eff 9-6-24 (see Revision Note #2 at chapter heading for Soil 300); ss by #14455, eff 2-8-26, EXPIRES: 2-8-36

Part Soil 303 Examinations

N.H. Code Admin. R. Ann. Soil 303.01 Examination Requirements for Soil Scientist Candidates {#sec-soil-303.01 omnilex-key=us-nh-regs-official--agency-soil--Soil 303.01}

(a) After submission of all material described in Soil 301.01(b), except for Soil 301.01(b)(5), the applicant shall be notified by the OPLC that they are eligible to sit for the written portion of the examination.

(b) The examination for a soil scientist shall consist of both a written exam and a field exam. The applicant shall pass the written portion examination with a score of at least 70% before being eligible to take the field portion of the examination.

(c) All soil scientist examination candidates who completed the educational requirements of Soil 302.03 shall register to take the examination with the natural scientist examination company contracted with the OPLC on behalf of the natural scientist board through the state of New Hampshire’s request for proposal process.

(d) The board shall hold soil scientist field examinations in May and September. Examinations shall be given to all persons who have successfully passed the soil scientist written examination.

(e) The field exam shall be a test of the applicant’s ability to prepare a soil map. The test shall consist of an actual field soil mapping pursuant to the standards of Soil 302.02(b)(7) of a parcel of land selected by the board. The soil map prepared by the applicant shall be graded based upon a comparison of a master soil map of the parcel prepared by a consensus of at least 3 certified soil scientists and a majority vote of the board. The time allotted shall not exceed 6 hours. The grade shall be pass or fail.

History

(See Revision Note at chapter heading for Soil 300) #9886-A, eff 3-11-11, EXPIRED: 3-11-19
#14019, eff 9-6-24 (see Revision Note #2 at chapter heading for Soil 300); ss by #14455, eff 2-8-26, EXPIRES: 2-8-36

N.H. Code Admin. R. Ann. Soil 303.02 Examination Requirements for Wetland Scientist Candidates {#sec-soil-303.02 omnilex-key=us-nh-regs-official--agency-soil--Soil 303.02}

(a) After submission of all material described in Soil 301.01(b), except for Soil 301.01(b)(5), the applicant shall be notified by the OPLC that they are eligible to sit for the examination.

(b) The examination for wetland scientist shall consist of both a written exam and field exam. The applicant shall pass the written portion examination with a score of at least 70% before being eligible to take the field portion of the examination.

(c) All wetland scientist examination candidates who completed the mapping and educational requirements of Soil 302.05 shall register to take the examination with the natural scientist examination company contracted with the OPLC on behalf of the natural scientist board through the state of New Hampshire’s request for proposal process.

(d) The board shall hold wetland scientist field examinations in June and September on a parcel of land selected by the board. Examinations shall be given to all persons who have successfully passed the wetland scientist written examination.

(e) The field exam shall be a test of the applicant's ability to practice wetland science pursuant to Soil 302.04. The time allotted shall not exceed 6 hours. The grade shall be pass or fail.

History

(See Revision Note at chapter heading for Soil 300) #9886-A, eff 3-11-11, EXPIRED: 3-11-19
#14019, eff 9-6-24 (see Revision Note #2 at chapter heading for Soil 300); ss by #14455, eff 2-8-26, EXPIRES: 2-8-36

N.H. Code Admin. R. Ann. Soil 303.03 Re-Examinations {#sec-soil-303.03 omnilex-key=us-nh-regs-official--agency-soil--Soil 303.03}

An applicant for certification failing either the written or field portion of the examination may apply for re-examination at the next scheduled examination as follows:

(a) The applicant who fails the written examination shall be re-examined at the next available test date in either March or July;

(b) The applicant who fails the field examination shall be re-examined upon payment of the fee described in Plc 1002.31 and be scheduled for the next available test date in either June or September; and

(c) A candidate failing either the written or field examination 3 times shall furnish evidence to the board of additional experience, study, or educational credits equal to 6 semester hours of college credit before being allowed to proceed with further examinations.

History

#7189, eff 1-11-00 (from Soil 303.04); ss by #9045, eff 12-5-07; ss and renumbered by #9886-A, eff 3-11-11, EXPIRED: 3-11-19
#14019, eff 9-6-24 (see Revision Note #2 at chapter heading for Soil 300); ss by #14455, eff 2-8-26, EXPIRES: 2-8-36

Part Soil 304 Credentials

N.H. Code Admin. R. Ann. Soil 304.01 Certificate {#sec-soil-304.01 omnilex-key=us-nh-regs-official--agency-soil--Soil 304.01}

An applicant for certification as a certified soil scientist or certified wetland scientist, who has met all the requirements and has paid all of the fees, shall be issued a certificate by the OPLC authorizing the practice of soil science or wetlands science.

History

#4676, eff 9-20-89, EXPIRED: 9-20-95
#6232, eff 4-26-96; ss by #6881, eff 11-13-98; ss by #8621, eff 5-2-06; ss and renumbered by #9886-A, eff 3-11-11 (formerly Soil 305.01); EXPIRED 3-11-19
#14019, eff 9-6-24 (see Revision Note #2 at chapter heading for Soil 300)

N.H. Code Admin. R. Ann. Soil 304.02 Certified Soil Scientist or Wetland Scientist Pocket Cards {#sec-soil-304.02 omnilex-key=us-nh-regs-official--agency-soil--Soil 304.02}

Biennially, the OPLC shall issue a certification card, numbered to correspond with the soil scientist's or wetland scientist’s assigned number, to each certified soil scientist or wetland scientist upon receipt of the biennial renewal fee and acceptance of renewal application. The card shall certify that the soil scientist or wetland scientist holds a certificate in good standing and is authorized to practice soil science scientist or wetland scientist to the date of expiration as shown on the card. No card shall be issued to an apprentice soil scientist or apprentice wetland scientist.

History

#4676, eff 9-20-89, EXPIRED: 9-20-95
#6232, eff 4-26-96; ss by #6881, eff 11-13-98; ss by 8621, eff 5-2-06; ss and renumbered by #9886-A, eff 3-11-11, EXPIRED: 3-11-19 (formerly Soil 305.02)
#14019, eff 9-6-24 (see Revision Note #2 at chapter heading for Soil 300)

N.H. Code Admin. R. Ann. Soil 304.03 Authorization to Practice {#sec-soil-304.03 omnilex-key=us-nh-regs-official--agency-soil--Soil 304.03}

An applicant for soil scientist or wetland scientist apprentice, who has met all requirements of Soil 301.01(a) and has been approved by the OPLC shall be issued an authorization to practice as an apprentice.

History

#14019, eff 9-6-24 (see Revision Note #2 at chapter heading for Soil 300)

N.H. Code Admin. R. Ann. Soil 304.04 Soil Scientist Seal {#sec-soil-304.04 omnilex-key=us-nh-regs-official--agency-soil--Soil 304.04}

(a) Upon issuance by the OPLC of a certificate to an applicant as a certified soil scientist, the certificate holder shall acquire an impression type seal or rubber stamp of the design. This seal shall bear the certificate holder’s name and number as shown on the certificate.

Figure 3.1 Seal/Stamp

(b) The seal shall consist of 2 concentric circles, the outer circle having a diameter of 1.6 inches and an inner circle having a diameter of 1.4 inches. In the space between the 2 circles there shall be the words "State of New Hampshire" at the top of the circle and the words "Certified Soil Scientist" at the bottom of the circle. In the space inside the inner circle a tile spade shall be depicted horizontally and centered. Below the image of the tile spade shall appear the certificate number of the soil scientist. Above the image of the tile spade shall appear the soil scientist’s name.

(c) All papers or documents involving the practice of soil science under this chapter when filed for public record, shall be dated and bear the signature and seal of the certified soil scientist who prepared or had responsibility for and approved them. It shall be a violation of these rules and RSA 310-A:95 for the certified soil scientist to stamp or seal any documents with their seal after the certificate has expired. It shall be a violation of these rules and RSA 310-A:95 for the certified soil scientist to stamp or seal any document not prepared by them personally or under their direct supervision.

History

#4676, eff 9-20-89, EXPIRED: 9-20-95
#6232, eff 4-26-96; ss by #8008, eff 12-18-03; ss and renumbered by, eff 3-11-11, EXPIRED: 3-11-19 (formerly Soil 305.03)
#14019, eff 9-6-24 (formerly Soil 304.03) (see Revision Note #2 at chapter heading for Soil 300)

N.H. Code Admin. R. Ann. Soil 304.05 Wetland Scientist Seal {#sec-soil-304.05 omnilex-key=us-nh-regs-official--agency-soil--Soil 304.05}

(a) Upon issuance by the OPLC of a certificate to an applicant as a certified wetland scientist, the certificate holder shall acquire an impression type seal or rubber stamp of the design approved by these rules. This seal shall bear the certificate holder’s name and number as shown on the certificate.

Figure 3.2 Seal/Stamp

(b) The seal shall consist of 2 concentric circles, the outer circle having a diameter of 1.6 inches and an inner circle having a diameter of 1.4 inches. In the space between the 2 circles there shall be the words "State of New Hampshire" at the top of the circle and the words "Certified Wetland Scientist" at the bottom of the circle. In the space inside the inner circle cross-section of a wetland boundary shall be depicted. The depiction shall include a view of trees, shrubs, shallow marsh and aquatic plants. Below the image of the wetland boundary shall appear the certificate number of the wetland scientist. Above the image of the wetland boundary shall appear the wetland scientist’s name.

(c) All papers or documents involving the practice of wetland science under this chapter when filed for public record, shall be dated and bear the signature and seal of the certified wetland scientist who prepared or had responsibility for and approved them. It shall be a violation of these rules and RSA 310-A:95 for the certified wetland scientist to stamp or seal any documents with their seal after the certificate has expired. It shall be a violation of these rules and RSA 310-A:95 for the certified wetland scientist to stamp or seal any document not prepared by them personally or under their direct supervision.

History

#6881, eff 11-13-98; ss by 8621, eff 5-2-06; ss and renumbered by #9886-A, eff 3-11-11, EXPIRED: 3-11-19 (formerly Soil 305.04)
#14019, eff 9-6-24 (formerly Soil 304.04) (see Revision Note #2 at chapter heading for Soil 300)

Part Soil 305 Oplc’s Denial of an Application for Certification

N.H. Code Admin. R. Ann. Soil 305.01 Denial of Application {#sec-soil-305.01 omnilex-key=us-nh-regs-official--agency-soil--Soil 305.01}

An application shall be denied if, after notice and an opportunity for hearing, there is a finding that:

(a) The applicant, or someone acting on the applicant's behalf, has submitted false information to the board or the OPLC in connection with the application;

(b) Evidence of past disciplinary action taken by another certification or licensing body or a professional society or association, which indicates the applicant cannot be relied upon to practice competently, safely, and honestly, or adhere to the standards of conduct required by Soil 500;

(c) Evidence of conviction of a felony or misdemeanor indicates the applicant cannot be relied upon to practice competently, safely, and honestly, or adhere to the ethical standards required by Soil 500;

(d) Evidence of behavior that would violate the ethical standards of Soil 500, which indicates the applicant cannot be relied upon to practice competently, safely, and honestly, or adhere to the ethical standards required by Soil 500;

(e) The applicant failed to meet the educational and experience requirements of Soil 302; or

(f) The applicant failed to successfully pass the examinations required pursuant to Soil 303.

History

#4676, eff 9-20-89, EXPIRED: 9-20-95
#6232, eff 4-26-96; ss by #8008, eff 12-18-03; ss and renumbered by #9886-A, eff 3-11-11, EXPIRED: 3-11-19 (formerly Soil 306.01)
#14019, eff 9-6-24 (see Revision Note #2 at chapter heading for Soil 300)

Chapter Soil 400 Continued Status

Part Soil 305 Oplc’s Denial of an Application for Certification

N.H. Code Admin. R. Ann. Soil 401.02 Definitions, Organization and Public Information {#sec-soil-401.02 omnilex-key=us-nh-regs-official--agency-soil--Soil 401.02}

Soil 401.01

N.H. Code Admin. R. Ann. Soil 401.03 Definitions, Organization and Public Information {#sec-soil-401.03 omnilex-key=us-nh-regs-official--agency-soil--Soil 401.03}

Soil 401.02

N.H. Code Admin. R. Ann. Soil 401.04 Definitions, Organization and Public Information {#sec-soil-401.04 omnilex-key=us-nh-regs-official--agency-soil--Soil 401.04}

Soil 401.03

N.H. Code Admin. R. Ann. Soil 402.01 Definitions, Organization and Public Information {#sec-soil-402.01 omnilex-key=us-nh-regs-official--agency-soil--Soil 402.01}

-402.08 Soil 403.01-403.08

Former Soil 401.01 had been repealed and reserved by Document #7935, effective 9-1-03. The prior filings affecting the former Soil 401.01 included the following documents:

#4676, effective 9-20-89, EXPIRED 9-20-95

#6232, effective 4-26-96

#6881, effective 11-13-98

Document #9886-A also extensively amended the rules in the former Soil 402.01 through Soil 402.08 and renumbered them as Soil 403.01 through Soil 403.08. The prior filings affecting the rules in the former Soil 402 included the following documents:

#4676, effective 9-20-89, EXPIRED 9-20-95

#6232, effective 4-26-96

#6881, effective 11-13-98

#7935, effective 9-1-03

The source notes in Soil 400 below for rules which have been renumbered by Document #9886-A and Document #9886-B include the former rule number, and the documents cited apply to the former rule number.

Part Soil 401 Expiration and Renewals

N.H. Code Admin. R. Ann. Soil 401.01 Renewal Notices {#sec-soil-401.01 omnilex-key=us-nh-regs-official--agency-soil--Soil 401.01}

Renewal notices shall be sent to each certified soil scientist or certified wetland scientist every 2 years, at least one-month prior to date of expiration. The expiration date shall be the last day of the certificate holder’s birth month.

History

#4676, eff 9-20-89, EXPIRED: 9-20-95
#6232, eff 4-26-96; ss by #6881, eff 11-13-98; ss by 8621, eff 5-2-06; ss and renumbered by #9886-A, eff 3-11-11, EXPIRED:3-11-19 (formerly Soil 401.02)
#13560, eff 4-7-23

N.H. Code Admin. R. Ann. Soil 401.02 Renewal of Certificate {#sec-soil-401.02 omnilex-key=us-nh-regs-official--agency-soil--Soil 401.02}

The applicant for wetland or soil scientist renewal shall submit:

(a) The “Certified Natural Scientist Renewal Form” revised 12/2022 supplied by the board;

(b) The fee specified in Soil 301.04; and

(c) If any of the answers on the “Certified Natural Scientist Renewal Form” described in Soil 401.03(e), (1) through (4), are in the affirmative a detailed written description of the events surrounding the conviction or disciplinary action.

History

#4676, eff 9-20-89, EXPIRED: 9-20-95
#6232, eff 4-26-96, EXPIRED: 4-26-04
#8621, eff 5-2-06; ss and renumbered by #9886-A, eff 3-11-11, EXPIRED: 3-11-19 (formerly Soil 401.03)
#13560, eff 4-7-23

N.H. Code Admin. R. Ann. Soil 401.03 Renewal Application {#sec-soil-401.03 omnilex-key=us-nh-regs-official--agency-soil--Soil 401.03}

The applicant shall supply the following information on the “Certified Natural Scientist Renewal Form “:

(a) The applicant’s full legal name;

(b) The applicant’s business address and telephone number;

(d) The applicant’s e-mail address;

(e) Answer yes or no to the following:

(1) “Have you complied with the continuing education requirements set forth in Soil 403”;

(2) “Have you within the past 24 months or not previously reported had any disciplinary or legal action brought against you by any licensing or certification board or jurisdiction”;

(3) “Have you within the past 24 months complied with all ethical and professional standards set for the in Soil 500”; and

(4) “Have you within the past 24 months or not previously reported been convicted of any felony, or misdemeanor that has not been annulled by a court pursuant to RSA 651:5 and if not annulled, the name of the court, the details of the offense, the date of conviction, and the sentence imposed”; and

(f) Sign and the date under the following statement:

“I attest that the information contained in this form is true and correct to the best of my knowledge and belief and acknowledge that the provision of false information in the application is a basis for disciplinary action by the Board”

History

#8621, eff 5-2-06; ss and renumbered by #9886-B, eff 3-11-11, EXPIRED 3-11-19 (formerly Soil 401.04)
#13560, eff 4-7-23

N.H. Code Admin. R. Ann. Soil 401.04 Board's Processing of Applications for Renewal {#sec-soil-401.04 omnilex-key=us-nh-regs-official--agency-soil--Soil 401.04}

(a) If the board, after receiving and reviewing the renewal application, requires further information or documents to determine the applicant's eligibility for renewal of their licensure, the board shall:

(1) So notify the applicant in writing within 30 days; and

(2) Specify the information or documents it requires.

(b) A renewal application shall be considered completed on the first date that the board has received the completed renewal application form, any supporting materials which are required, and any additional information or documents which it may have requested.

(c) The board shall issue the renewed license or denial of an application for renewal of licensure within 60 days of the date that the application is completed.

(d) Any applicant wishing to challenge the board's denial of an application for licensure renewal shall:

(1) Make a written request for a hearing of the applicant's challenge; and

(2) Submit this request to the board:

a. Within 30 days of the board's notification of the denial; or

b. If the applicant is on active military duty outside the United States, within 30 days of the applicant's return to the United States or release from duty, whichever occurs later.

History

#13560, eff 4-7-23

Part Soil 402 Reinstatement

N.H. Code Admin. R. Ann. Soil 402.01 Reinstatement {#sec-soil-402.01 omnilex-key=us-nh-regs-official--agency-soil--Soil 402.01}

A certified soil scientist or wetland scientist whose license to practice in the state of New Hampshire has been allowed to lapse for a period of 30 days but no more than 365 days shall:

(a) Submit to the board the “Application for Reinstatement of Certification for a Soil Scientist or Wetland Scientist” dated 12/2022;

(b) If the applicant answered in the affirmative to any of the questions described in Soil 402.02 (i) through (m) a detailed written explanation of the yes answer; and

(c) Evidence as described in Soil 404.04(b) of having completed 24 hours of continuing education in the immediately preceding 24 months as described in Soil 404.02 and Soil 404.03.

(d) Include with the application for reinstatement the reinstatement fees specified in Soil 304.01.

History

#13560, eff 4-7-23

N.H. Code Admin. R. Ann. Soil 402.02 Board's Processing of Applications for Reinstatement of Licensure {#sec-soil-402.02 omnilex-key=us-nh-regs-official--agency-soil--Soil 402.02}

(a) If the board, after receiving and reviewing the reinstatement application, requires further information or documents to determine the applicant's qualification for reinstatement of licensure, the board shall:

(1) So notify the applicant in writing within 30 days; and

(2) Specify the information or documents it requires.

(b) A reinstatement application shall be considered completed on the first date that the board has received the completed reinstatement application form, any supporting materials which are required, and any additional information or documents which it may have requested.

(c) The board shall issue written approval or denial of an application for reinstatement of licensure within 60 days of the date that the application is completed.

(d) Any applicant wishing to challenge the board's denial of an application for licensure reinstatement shall:

(1) Make a written request for a hearing of the applicant's challenge; and

(2) Submit this request to the board:

a. Within 30 days of the board's notification of the denial; or

b. If the applicant is on active military duty outside the United States, within 30 days of the applicant's return to the United States or release from duty, whichever occurs later.

History

#13560, eff 4-7-23

N.H. Code Admin. R. Ann. Soil 402.03 Reinstatement Application {#sec-soil-402.03 omnilex-key=us-nh-regs-official--agency-soil--Soil 402.03}

The applicant for reinstatement shall supply the following information on the application form “Application For Reinstatement of Certification as a Soil or Wetland Scientist”:

(a) The applicant’s full legal name;

(b) Any names previously used, if applicable;

(d) The license number held in the state of NH;

(e) Home mailing address;

(f) Home physical address if different from home mailing address;

(g) Personal e-mail address;

(h) Business name;

(i) Business address and telephone number;

(j) Answer Yes or no to the following:

(1) “Have you ever been convicted of any felony, misdemeanor, violation involving natural science, or the practice of soil science or wetland science, which has not been annulled or previously reported?”

(2) “Have you ever had a registration or licensed revoked, suspended, denied by any other state or jurisdiction, which has not been previously reported?”

(3) “Have you ever been disciplined or sanctioned by another licensing board in any other state or jurisdiction, which has not been previously reported?”

(4) “Have you obtained 24 hours of continuing education as described in Soil 404 in the immediately preceding 24 months?”

(k) Sign and date the form under the following attestations:

“I acknowledge that knowingly making a false statement on this application form is a misdemeanor under RSA 641:2, I. I certify that the information I have provided on all parts of the application form and in the documents that I have personally submitted to support my application is complete and accurate to the best of my knowledge and belief. I also certify that I have read the statute and the rules of the Board and promise that, if I am certified, I will abide by them.”

History

#13560, eff 4-7-23

Part Soil 403 Disciplinary Matters

N.H. Code Admin. R. Ann. Soil 403.01 Initiation of Disciplinary Action. {#sec-soil-403.01 omnilex-key=us-nh-regs-official--agency-soil--Soil 403.01}

The board shall undertake misconduct investigations, settlements of misconduct allegations, or disciplinary hearings, in response to any information which reasonably suggests that a certificate holder has engaged in professional misconduct.

History

(See Revision Note at chapter heading for Soil 400) #9886-A, eff 3-11-11, EXPIRED: 3-11-19
#13560, eff 4-7-23 (formerly Soil 402.01)

N.H. Code Admin. R. Ann. Soil 403.02 Disciplinary Sanctions {#sec-soil-403.02 omnilex-key=us-nh-regs-official--agency-soil--Soil 403.02}

(a) Other than immediate certificate suspensions authorized by RSA 541-A:30, III, the board shall impose disciplinary sanctions only:

(1) After prior notice and an opportunity to be heard; or

(2) Pursuant to a mutually agreed upon settlement or consent decree.

(b) When the board receives notice that a certificate holder has been subjected to disciplinary action related to professional conduct by the licensing or certification authority of another jurisdiction, where the certificate or license was not reinstated, the board shall issue an order directing the certificate holder to demonstrate why reciprocal discipline should not be imposed in New Hampshire.

(c) In a disciplinary proceeding brought on the basis of discipline imposed in another jurisdiction the certificate holder shall be subject to any disciplinary sanction authorized by RSA 310-A:93, III after the board considers the presence of aggravating or mitigating circumstances.

(d) After a finding that misconduct has occurred, the board shall impose one or more of the disciplinary sanctions authorized by RSA 310-A:93, III after considering the presence of aggravating or mitigating circumstances.

(e) The following shall be considered aggravating circumstances:

(1) The seriousness of the offense;

(2) Prior disciplinary record;

(3) Lack of willingness to cooperate with the board; and

(4) Potential harm to public health and safety.

(f) The following shall be considered mitigating circumstances:

(1) Absence of a prior disciplinary record;

(2) Willingness to cooperate with the board;

(3) Acknowledgment of his or her wrongdoing; and

(4) The purpose of the rule or statute violated.

(g) No hearing date established in a proceeding conducted under Soil 403.02 shall be postponed at the request of the certificate holder unless the certificate holder also agrees to continue the suspension period, if any, pending issuance of the board’s final decision.

(h) Copies of board orders imposing disciplinary sanctions and copies of all settlement agreements or consent decrees shall be sent to the licensing body of each state in which the certificate holder is certified or licensed and to such other entities, organizations, associations, or boards as are required to be notified under applicable state or federal law.

History

(See Revision Note at chapter heading for Soil 400) #9886-A, eff 3-11-11, EXPIRED: 3-11-19
#13560, eff 4-7-23 (formerly Soil 402.02)

N.H. Code Admin. R. Ann. Soil 403.03 Administrative Fines {#sec-soil-403.03 omnilex-key=us-nh-regs-official--agency-soil--Soil 403.03}

(a) Adjudicative procedures seeking the assessment of an administrative fine shall be commenced against any person subject to such fines under any provision of RSA 310-A when the board possesses evidence indicating that a violation has occurred.

(b) When persons subject to the board’s disciplinary authority are directed to pay fines pursuant to Soil 403.02, such fines shall be assessed in accordance with the factors stated in Soil 403.02 (e), 403.02 (f) and the following additional considerations:

(1) The cost of any investigation or hearing conducted by the board; and

(2) The certificate holder’s ability to pay a fine assessed by the board.

(1) When no violation of the same type has occurred during a period of licensure within the 5 years preceding the board’s notice to the respondent, the fine assessed shall not exceed $200.00 per day or $1,000.00 per offense, whichever is greater;

(2) When a single disciplinary infraction of the same type has occurred during a period of licensure within the 5 years preceding the board’s notice to the respondent, the fine assessed shall not exceed $200.00 per day or $1,500.00 per offense whichever is greater; and

(3) When more than one disciplinary infraction of the same type has occurred during a period of licensure within the 5 years preceding the board’s notice to the respondent, the fine assessed shall not exceed $200.00 per day or $2,000.00 per offense whichever is greater.

(d) In the case of continuing violations, a separate fine shall be assessed for each day the violation continues.

(e) A single course of continuing conduct shall be treated as a single violation for purposes of Soil 403.03 (c), (1), (2) and (3).

History

(See Revision Note at chapter heading for Soil 400) #9886-A, eff 3-11-11, EXPIRED: 3-11-19
#13560, eff 4-7-23 (formerly Soil 402.03)

N.H. Code Admin. R. Ann. Soil 403.04 Procedures for Assessing and Collecting Fines {#sec-soil-403.04 omnilex-key=us-nh-regs-official--agency-soil--Soil 403.04}

(a) Payment of a fine shall be included among the options available for settling disciplinary allegations, and shall be included among the types of disciplinary sanctions imposed after notice and hearing.

(b) In cases where the board initially intends to limit disciplinary sanctions to an administrative fine, the board shall issue a “notice of apparent liability” describing the alleged offense, stating the amount of the assessed fine, and notifying the alleged offender that they shall pay or compromise the fine by a certain date or request that an administrative hearing be held. If a hearing is requested, the notice of apparent liability shall be withdrawn and a notice of hearing shall be issued. In such hearings, the board’s disciplinary options shall not be limited to the assessment of an administrative fine.

(c) Nonpayment of a fine by a certificate holder or respondent in contravention of an order, agreement or promise to pay, shall be a separate ground for discipline by the board and a basis for denying a subsequent certificate and renewal application and a basis for judicial action seeking to collect the fine.

History

(See Revision Note at chapter heading for Soil 400) #9886-A, eff 3-11-11, EXPIRED: 3-11-19
#13560, eff 4-7-23 (formerly Soil 402.03)

Part Soil 404 Continuing Education

N.H. Code Admin. R. Ann. Soil 404.01 Renewal Requirements {#sec-soil-404.01 omnilex-key=us-nh-regs-official--agency-soil--Soil 404.01}

(a) Each certified wetland or soil scientist shall obtain at least 24 hours of continuing education hours each biennium as a condition of biennial license renewal.

(b) All 24 continuing education hours shall be taken during the biennium preceding the applicant’s expiration date.

(c) A renewal application shall not be accepted for filing unless the applicant indicates on the renewal application, and under penalty of unsworn falsification, that they have completed the minimum required hours of approved education required by Soil 404.01 (a).

(d) New certified wetland or soil scientists shall obtain 12 continuing education hours for their first biennial renewal period.

History

(See Revision Note at chapter heading for Soil 400) #9886-A, eff 3-11-11, EXPIRED: 3-11-19
#13560, eff 4-7-23 (formerly Soil 403.01)

N.H. Code Admin. R. Ann. Soil 404.02 Continuing Education Hour Requirements {#sec-soil-404.02 omnilex-key=us-nh-regs-official--agency-soil--Soil 404.02}

Continuing education hours shall meet the following criteria:

(a) Continuing education activities shall be relevant to the practice of soil or wetland science or no credit shall be awarded. Such continuing education activities shall include technical, ethical, or managerial content;

(b) Two hours of continuing education shall be in the area of professional ethics;

(d) There shall be a provision for individual participant course or program registration including information required for record keeping and reporting; and

(e) Self-directed learning activities shall include a written instrument which tests the certified wetland or soil scientist’s comprehension of the content of that course or program.

History

(See Revision Note at chapter heading for Soil 400) #9886-A, eff 3-11-11, EXPIRED: 3-11-19
#13560, eff 4-7-23 (formerly Soil 403.02)

N.H. Code Admin. R. Ann. Soil 404.03 Continuing Education Hours {#sec-soil-404.03 omnilex-key=us-nh-regs-official--agency-soil--Soil 404.03}

Continuing education hours shall be credited as follows:

(a) No more than 2 continuing education hours per year shall be granted for activity on a state or national board of licensure with a maximum of 4 continuing education hours per biennium;

(b) Courses or programs awarded one or more college semester credit hours, with a passing grade where grades are issued, shall equal 15 continuing education hours per credit hour based on course credit established by the college or university;

(c) Courses or programs awarded one or more college quarter hours, with a passing grade where grades are issued, shall equal 10 continuing education hours per credit hour based on course credit established by the college or university;

(d) Courses or programs awarded one or more continuing education units by the course sponsor, with a passing grade where grades are issued, shall equal 10 continuing education hours per continuing education unit;

(e) Credit shall be awarded for one hour of continuing education in course work, seminars, or professional technical presentations made at meetings, conventions, or conferences for each hour of attendance. Attendance at qualifying programs presented at professional or technical society meetings shall earn continuing education credit for the actual time of each program;

(f) Teaching or instructing courses or seminars or making presentations at technical meetings shall earn continuing education credit at twice that of participants. Teaching credit shall be valid for teaching a course or seminar for the first time only in each year of the biennium. Teaching credit shall not apply to full-time faculty;

(g) Each professional journal, published paper, or published soil or wetland science textbook pursuant to Soil 404.02 shall equal 8 continuing education hours;

(h) Active participation in professional or technical societies shall equal one continuing education hour and shall require that a certified soil or wetland scientist serve as an officer or actively participate in a committee of the organization. Continuing education hours shall not be earned until each year of service is completed and shall be limited to 2 continuing education hours per organization;

(i) Field trips organized and run by professional or technical societies or in conjunction with meetings, conventions, or conferences shall be awarded one continuing education hour for each hour of duration, up to 8 continuing education hours per day.

(j) Self-directed learning activity through program, seminar, or webinar shall equal one continuing education hour for each hour attended;

(k) Training apprentice soil or apprentice wetland scientists shall equal 3 continuing education units per year; and

(l) Continuing education hours shall not be recognized for any repeat program attended or completed.

History

(See Revision Note at chapter heading for Soil 400) #9886-A, eff 3-11-11, EXPIRED: 3-11-19
#13560, eff 4-7-23 (formerly Soil 403.03)

N.H. Code Admin. R. Ann. Soil 404.04 Record Keeping and Audit {#sec-soil-404.04 omnilex-key=us-nh-regs-official--agency-soil--Soil 404.04}

(a) The certified wetland or soil scientist shall maintain records to be used to support continuing education hours claimed.

(b) Records required by (a) above shall contain attendance verification in one of the following forms:

(1) Certificate of completion; or

(2) Transcripts from a professional society or institution.

(c) The licensee shall retain attendance verification records for a period of at least 4 years. Such documentation shall be made available to the board for random audit and verification purposes. Documentation shall support continuing education hours claimed on the renewal form. Failure to provide documentation for audit verification shall result in disciplinary action.

(d) Not less than 5 % of the certified soil and wetland scientists shall be randomly selected each year for audit by the board for compliance with Soil. 404.01.

History

(See Revision Note at chapter heading for Soil 400) #9886-A, eff 3-11-11, EXPIRED: 3-11-19
#13560, eff 4-7-23 (formerly Soil 403.04)

N.H. Code Admin. R. Ann. Soil 404.05 Exemption {#sec-soil-404.05 omnilex-key=us-nh-regs-official--agency-soil--Soil 404.05}

A certified wetland or soil scientist who has been on active duty in the armed forces of the United States for more than 120 consecutive days during the biennium shall be exempt from the continuing education requirements for that renewal period. The applicant for renewal shall be required to provide the board with the documentation proving active military duty at the time of renewal.

History

(See Revision Note at chapter heading for Soil 400) #9886-A, eff 3-11-11, EXPIRED: 3-11-19
#13560, eff 4-7-23 (formerly Soil 403.05)

N.H. Code Admin. R. Ann. Soil 404.06 Waiver of Professional Development Hours Deadline {#sec-soil-404.06 omnilex-key=us-nh-regs-official--agency-soil--Soil 404.06}

A certified soil or wetland scientist may request a waiver of continuing education hours deadlines, as follows:

(a) A petition requesting a waiver shall be filed at least 30 days before the expiration of the biennial continuing education period in question;

(b) Late filing shall be justified by a showing of good cause that includes serious accident, illness or other circumstances beyond the control of the certified soil or wetland scientist which actually prevents the certified soil or wetland scientist from satisfying the continuing education requirements;

(c) Relevant supporting documentation from the certified soil or wetland scientist’s physician or medical professional shall be furnished to the board when necessary for a fair and informed determination by the board; and

(d) A waiver petition shall include a specific timetable for completing specific courses, which will meet the petitioner’s continuing education unit deficiency.

History

(See Revision Note at chapter heading for Soil 400) #9886-A, eff 3-11-11, EXPIRED: 3-11-19
#13560, eff 4-7-23 (formerly Soil 403.06)

N.H. Code Admin. R. Ann. Soil 404.07 Noncompliance {#sec-soil-404.07 omnilex-key=us-nh-regs-official--agency-soil--Soil 404.07}

Failure to submit documentation required per Soil 404.04 which establishes that said requirements were so completed, shall after notice and opportunity for hearing, result in disciplinary action including license suspension or revocation unless a waiver petition has been timely filed and duly granted by the board.

History

(See Revision Note at chapter heading for Soil 400) #9886-A, eff 3-11-11, EXPIRED: 3-11-19
#13560, eff 4-7-23 (formerly Soil 403.07)

N.H. Code Admin. R. Ann. Soil 404.08 Incomplete Applications or Denial of Renewal {#sec-soil-404.08 omnilex-key=us-nh-regs-official--agency-soil--Soil 404.08}

(a) The board shall notify the applicant of any deficiencies in the renewal application within 60 days of acceptance for filing. Failure to remedy the deficiencies within 60 days shall result in denial of the renewal application. An application shall be considered on file with the board when all deficiencies are corrected.

(b) Renewal shall be denied if, after notice and an opportunity for hearing, there is a finding of:

(1) Noncompliance with the continuing education requirements of Soil 404.01(a);

(2) Any unethical act for which discipline shall be imposed under Soil 500;

(3) Reasons for which an initial application would have been denied; or

(4) Failure to furnish materially complete or materially accurate information on a renewal license application.

History

(See Revision Note at chapter heading for Soil 400) #9886-A, eff 3-11-11, EXPIRED: 3-11-19
#13560, eff 4-7-23 (formerly Soil 403.08)

Chapter Soil 500 Ethical Standards

Part Soil 501 Rules of Professional Conduct

N.H. Code Admin. R. Ann. Soil 501.01 Purpose {#sec-soil-501.01 omnilex-key=us-nh-regs-official--agency-soil--Soil 501.01}

(a) To establish and maintain a high standard of integrity, skills, and practice in the profession of soil science or wetland science.

History

#4676, eff 9-20-89, EXPIRED: 9-20-95
#6232, eff 4-26-96; ss by #6881, eff 11-13-98; ss by #8621, eff 5-2-06; ss by #9886-A, eff 3-11-11, EXPIRED: 3-11-19
#13814, eff 1-28-24

N.H. Code Admin. R. Ann. Soil 501.02 Scope {#sec-soil-501.02 omnilex-key=us-nh-regs-official--agency-soil--Soil 501.02}

(a) The following rules of professional conduct shall be binding upon every person holding a certificate of soil science, certification of wetland science, approval as a wetland or soil apprentice, and on all partnerships, corporations, or other legal entities authorized to offer or perform the practice of soil science or wetland science in this state.

History

#4676, eff 9-20-89, EXPIRED: 9-20-95
#6232, eff 4-26-96; ss by #6881, eff 11-13-98; ss by #8621, eff 5-2-06; ss by #9886-A, eff 3-11-11, EXPIRED: 3-11-19
#13814, eff 1-28-24 (formerly Soil 501.01)

N.H. Code Admin. R. Ann. Soil 501.03 Obligation To Obey {#sec-soil-501.03 omnilex-key=us-nh-regs-official--agency-soil--Soil 501.03}

(a) The ethical standards set forth in Soil 500 shall bind all certified wetland scientists, certified soil scientists, and approved apprentices, and violation of any such standard shall be a basis for imposing disciplinary sanctions. Conduct proscribed by these ethical standards, when performed by an uncertified person, or during a prior period of certification, shall also be a basis for denying an application or issuing a restricted certificate.

(b) All persons certified under RSA 310-A:75-96 shall be considered to have knowledge of the existence of these rules of professional conduct and shall be deemed to be familiar with their several provisions. Such knowledge shall encompass the understanding that the practice of soil science or wetland science is a privilege, as opposed to a right, and the certified soil scientist or certified wetland scientist shall be forthright and candid in their statements or written response to the board or its representatives on matters pertaining to professional conduct.

(c) Certificate holders shall submit only truthful and correct information in any application or other document filed with or statement made to the board.

(d) Certificate holders shall inform the board of a principal address to which all official board communications should be directed, and of all addresses where the certificate holder is practicing. The establishment of a principal address or the change or abandonment of a principal address shall be reported to the board within 30 days.

History

#4676, eff 9-20-89, EXPIRED: 9-20-95
#6232, eff 4-26-96; ss and moved by #6881, eff 11-13-98 (from Soil 501.02); ss by #8621, eff 5-2-06; ss by #9886-A, eff 3-11-11, EXPIRED: 3-11-19
#13814, eff 1-28-24 (formerly Soil 501.02)

N.H. Code Admin. R. Ann. Soil 501.04 Standards of Conduct {#sec-soil-501.04 omnilex-key=us-nh-regs-official--agency-soil--Soil 501.04}

(a) The certified soil scientists, certified wetland scientist, and approved apprentices shall hold paramount the safety, health, and welfare of the public as follows:

(1) Perform services only in areas of the certificate holder’s level of competence;

(2) Issue statements only in an objective and truthful manner;

(3) Act for each employer or client as faithful agents or trustees;

(4) Refrain from deceptive acts;

(5) Conduct themselves honorably, responsibly, ethically, and lawfully so as to enhance the honor, reputation, and usefulness of the profession;

(6) Undertake to perform soil or wetland science assignments only when qualified by education or experience in the specific technical field of soil or wetland science involved;

(7) Accept an assignment requiring education or experience outside of the certificate holder’s own field of competence, but only to the extent that the services are restricted to those phases of the project in which the certificate holder is qualified. All other phases of such project shall be performed by qualified associates, consultants, or employees;

(8) Not affix the certificate holder’s signature or seal to any map, plan, or document dealing with subject matter for which the certificate holder lacks competence by virtue of education or experience, nor to any such map, plan, or document not prepared under the certificate holder’s direct supervisory control; and

(9) Not sell or donate the use of a seal to anyone, recognizing that the seal indicates the soil scientist's or wetland scientist’s personal responsibility for the work bearing the seal.

(b) The certified soil scientist, certified wetland scientist, and approved apprentice shall issue public statements only in an objective and truthful manner, as follows:

(1) Be objective and truthful in all professional reports, statements, or testimony and include all relevant, pertinent, and required information in such reports, statements, or testimony;

(2) When serving as an expert or technical witness before any court, commission, or other tribunal, express an expert opinion only:

a. When it is founded upon adequate knowledge of the facts in issue;

b. Upon a background of technical competence in the subject matter; and

c. Upon honest conviction of the accuracy and propriety of the certificate holder’s testimony;

(3) Issue no statements, criticisms, or arguments on soil and wetland science matters connected with public policy which are influenced or paid for by an interested party, or parties, unless the certificate holder has prefaced the comment by explicitly identifying the identities of the party or parties on whose behalf the certificate holder is speaking;

(4) Express an opinion or conclusion only upon matters of established fact or direct observation and clearly distinguish professional judgment or opinions from matters of fact or record;

(5) Not attempt to injure, maliciously or falsely, directly or indirectly, the professional reputation, prospects, practice, or employment of another; and

(6) If the certificate holder believes that another soil or wetland scientist is guilty of misconduct or illegal practice, the certificate holder shall present such information to the board in writing.

(c) The certified soil scientist, certified wetland scientist, and apprentice shall avoid conflicts of interest as follows:

(1) Promptly inform the employer or client of any business associations, interests, or circumstances, which could influence the certificate holder’s judgment, or the quality of services;

(2) Not accept compensation, financial or otherwise, from more than one party for services pertaining to the same project, unless the circumstances are fully disclosed to, and agreed to, by all interested parties;

(3) Not solicit or accept financial or other valuable considerations from material or equipment suppliers for specifying their products;

(4) Not solicit or accept gratuities, directly or indirectly, from contractors, their agents, or other parties dealing with the certificate holder’s client or employer in connection with work for which the certificate holder is responsible;

(5) When in public service as a member, advisor, or employee of a governmental body or department, not participate in considerations or actions with respect to private soil or wetland science services provided by the certificate holder or by the certificate holder’s organization;

(6) Not solicit or accept a soil or wetland science contract from a governmental body on which a principal or officer of the certificate holder’s organization serves as a member;

(7) Not divulge information given in confidence by a client or employer except as required by law, directly or indirectly, in any way that would violate the confidence of the employer or client;

(8) Not plagiarize oral or written communications or knowingly accept credit for work rightfully due another person; and

(9) Reveal to clients, regulators, and the public any conflict of interest or circumstances which may interfere with full representation of the scientific facts or with the certificate holder’s professional opinions.

(d) The certified soil scientist, certified wetland scientist, and approved apprentice shall solicit or accept work only on the basis of the certificate holder’s qualifications as follows:

(1) Not offer to pay, either directly or indirectly, any commission, political contribution, gift, or other consideration in order to secure work, exclusive of securing salaried positions through employment agencies;

(2) Compete for employment on the basis of professional qualification and competence to perform the work;

(3) Not solicit or submit proposals for professional services containing false, fraudulent, misleading, deceptive, or unfair statements or claims regarding the cost, quality, or extent of services to be rendered;

(4) Not falsify or permit misrepresentation of the certificate holder’s, or the certificate holder’s associates’, academic or professional qualifications;

(5) Not misrepresent the certificate holder’s degree of responsibility in or for the subject matter of prior assignments;

(6) Not distribute brochures or other presentations incident to the solicitation of employment which shall misrepresent pertinent facts concerning employers, employees, associates, joint ventures, the certificate holder, or their past accomplishments with the intent and purpose of enhancing the certificate holder’s qualifications and their work;

(7) Limit public advertising to a description of the services available;

(8) Act for the client or employer as a finder of facts in developing soil maps, wetland maps, and related material and shall provide a product that accurately depicts soils and wetlands as a natural body on the landscape;

(9) Advise the client of the level of accuracy and limitations of the soil maps and wetland maps relative to the intended use; and

(10) Indicate the standards of classification and mapping used.

(e) The certified soil scientist, certified wetland scientist, and apprentice shall provide services in an ethical and lawful manner, as follows:

(1) Not knowingly associate with or permit the use of the certificate holder’s name or firm’s name in a business venture by any person or firm which the certificate holder knows, or has reason to believe, is engaging in business or professional practices of a fraudulent or dishonest nature;

(2) Cooperate with another soil scientist or wetland scientist with an interchange of information where such interchange does not conflict with confidential matters between the soil scientist or wetland scientist and the client;

(3) Not attempt to injure another soil or wetland scientist’s reputation, prospects, practice or employment;

(4) If the certificate holder has knowledge or reason to believe that another person or firm may be in violation of any of these provision or provisions of RSA 310-A:75 through RSA 310-A:96, present such information to the board in writing and cooperate with the board in furnishing such further information or assistance as may be required by the board; and

(5) Cooperate with investigations and requests for information from the board and the board’s representatives.

History

#4676, eff 9-20-89, EXPIRED: 9-20-95
#6232, eff 4-26-96; ss and moved by #6881, eff 11-13-98 (from Soil 501.02); ss by #8621, eff 5-2-06; ss by #9886-A, eff 3-11-11, EXPIRED: 3-11-19
#13814, eff 1-28-24 (formerly Soil 501.03)

Part Soil 502 Voluntary Certificate Surrender

N.H. Code Admin. R. Ann. Soil 502.01 Procedure for Surrendering Certificate {#sec-soil-502.01 omnilex-key=us-nh-regs-official--agency-soil--Soil 502.01}

Any person holding a certificate may voluntarily surrender that certificate by returning it to the board accompanied by a signed letter stating that the certificate holder intends to surrender their certificate.

History

#4676, eff 9-20-89, EXPIRED: 9-20-95
#6232, eff 4-26-96; ss by #6881, eff 11-13-98; ss by #8621, eff 5-2-06; ss by #9886-A, eff 3-11-11, EXPIRED: 3-11-19
#13814, eff 1-28-24

N.H. Code Admin. R. Ann. Soil 502.02 Effect of Voluntary Certificate Surrender {#sec-soil-502.02 omnilex-key=us-nh-regs-official--agency-soil--Soil 502.02}

(a) A certified soil scientist, certified wetland scientist, or apprentice who voluntarily surrenders a certificate shall retain no right or privilege to practice soil or wetland science in New Hampshire unless specifically set forth in a board order or settlement agreement authorizing the voluntary surrender. Unless otherwise provided by the board, a certified soil scientist, certified wetland scientist, or apprentice who reapplies for certification in New Hampshire after a voluntary surrender shall have the burden of proving compliance with all of the requirements then in effect for new applicants, including professional character requirements.

(b) Surrender or non-renewal of a certificate shall not preclude the board from investigating or completing a disciplinary proceeding based upon the certified soil scientist, certified wetland scientist, or apprentice’s professional conduct while the certificate was still in effect. Such investigations and proceedings shall be handled in the same manner as other disciplinary investigations and proceedings.

History

#4676, eff 9-20-89, EXPIRED: 9-20-95
#6232, eff 4-26-96; ss by #6881, eff 11-13-98; ss by #8621, eff 5-2-06; ss by #9886-A, eff 3-11-11, EXPIRED: 3-11-19
#13814, eff 1-28-24

N.H. Code Admin. R. Ann. Soil 502.03 Voluntary Surrender When Misconduct Allegations are Pending {#sec-soil-502.03 omnilex-key=us-nh-regs-official--agency-soil--Soil 502.03}

(a) A certified soil scientist, certified wetland scientist, or apprentice who wishes to surrender their certificate as part of a settlement of pending misconduct allegations shall make a written settlement offer to the board before the close of the record in a disciplinary hearing.

(b) Any settlement agreement reached under (a), above, shall include the following concessions:

(1) That the certified soil scientist, certified wetland scientist, or apprentice’s surrender has occurred in settlement of pending disciplinary charges; and

(2) That the pending disciplinary allegations shall be issues to be resolved in any future application the certified soil scientist, certified wetland scientist, or apprentice submits in New Hampshire.

(c) The board shall decline to accept a settlement agreement under (a), above, if the board believes the certified soil scientist, certified wetland scientist, or apprentice has declined to disclose material information concerning the alleged misconduct or has refused to stipulate to the truth of specific material facts concerning the alleged misconduct which would be necessary to protect the public interest in the event the individual subsequently reapplies for a certificate.

(d) A certified soil scientist, certified wetland scientist, or apprentice’s stipulation of facts shall be exempt from public disclosure to the extent permitted by RSA 91-A if the public portion of the settlement agreement or surrender document expressly states that a separate, confidential stipulation of facts is on file with the board.

(e) The fact of certificate surrender and the terms of any settlement agreement pertaining thereto shall be distributed to all relevant licensing authorities and professional societies in the same manner as a final decision containing specific finding of professional misconduct.

APPENDIX A

Rule

Specific State or Federal Statutes the Rule Implements

Soil 101

RSA 310-A:81

Soil 102.01(a), (c), (d)

RSA 541-A:16, I(b)

Soil 102.01(b)

RSA 310-A:76, I

Soil 102.01(e)

RSA 310-A:76, III

Soil 102.01(f)

RSA 310-A:76, IV

Soil 102.01(g)

RSA 310-A:76, II

Soil 102.01(h)

RSA 310-A:76, II-a

Soil 103 – Soil 104

RSA 310-A:81 and RSA 541-A:16, I(a)

Soil 105.01 and Soil 105.02

RSA 310-A:81

Soil 201

RSA 310-A:93

Soil 301.01

RSA 310-A:82, I, 310-A:86

Soil 301.02

RSA 310-A:82, I, 310-A:86

Soil 301.03

RSA 310-A:92, I (g)

Soil 301.04

RSA 310-A:82, I, II, 310-A:86

Soil 301.05

RSA 310-A:82, I, II, 310-A:86

Soil 302.01

RSA 310-A:84, I, II, 310-A:85

Soil 302.02

RSA 310-A:84, II and RSA 310-A:86

Soil 302.03

RSA 310-A:84, II and RSA 310-A:86

Soil 302.04

RSA 310-A:82, RSA 310-A:84, II-a, II-b

Soil 302.05

RSA 310-A:82, RSA 310-A:84, II-a, II-b

Soil 303.01

RSA 310-A:82, III, RSA 310-A:84 I

Soil 303.02

RSA 310-A:82, III, 310-A:84, II-a

Soil 303.03

RSA 310-A:82, III, RSA 310-A:84, I, II & III

Soil 304.01

RSA 310-A:87

Soil 304.02

RSA 310-A:87

Soil 304.03

RSA 310-A:87

Soil 304.04

RSA 310-A:87

Soil 305.01

RSA 310-A:82, I, RSA 310-A:84

Soil 401.01

RSA 310-A:82, IV, RSA 310-A:89

Soil 401.02

RSA 310-A:82, IV, RSA 310-A:89

Soil 401.03

RSA 310-A:82, II, RSA 541-A:16, I(b)

Soil 401.04

RSA 541-A:16, I(b)

Soil 402.01

RSA 310-A:82, II, RSA 310-A:90

Soil 402.02

RSA 310-A:90, RSA 310-A:82, VII, RSA 541-A:16, I(b)

Soil 402.03

RSA 310-A:82, II, RSA 541-A:16, I(b)

Soil 403.01

RSA 310-A:82, VI, RSA 310-A:93, RSA 310-A:94

Soil 403.02

RSA 310-A:82, VI, RSA 310-A:93, RSA 310-A:94

Soil 403.03

RSA 310-A:82, VI, RSA 310-A:93, RSA 310-A:94

Soil 403.04

RSA 310-A:82, VI, RSA 310-A:93, RSA 310-A:94

Soil 404.01

RSA 310-A:82, IV, RSA 310-A:89

Soil 404.02

RSA 310-A:82, IV, RSA 310-A:82, VII

Soil 404.03

RSA 310-A:82, IV, RSA 310-A:82, VII

Soil 404.04

RSA 310-A:82, IV, RSA 310-A:82, VII

Soil 404.05

RSA 310-A:82, IV, RSA 310-A:82, VII

Soil 501

RSA 310-A:82, VI

Soil 502

RSA 310-A:82, VI, RSA 310-A:94

APPENDIX B: Incorporation by Reference Information

Rule

Title

Obtain at:

Soil 302.02(b)(7)a.1.

Soil Taxonomy, A Basic System of Soil Classification for Making and Interpreting Soil Surveys, second edition 1999

United States Department of Agriculture, National Resources Conservation Service

Telephone (202)720-2791

Downloadable version is free online at

https://www.nrcs.usda.gov/sites/default/files/2022-06/Soil%20Taxonomy.pdf

E-mail address: askusda@usda.gov

Soil 302.02(b)(7)a.2.

Keys to Soil Taxonomy, Thirteenth Edition, 2022

United States Department of Agriculture, National Resources Conservation Service

Telephone (888)526-3227

Downloadable version is free online at

https://www.nrcs.usda.gov/sites/default/files/2022-09/Keys-to-Soil-Taxonomy.pdf

E-mail address: askusda@usda.gov

Soil 302.02(b)(7)a.3.

Soil Survey Staff National Resources Conservation Service, Official Soil Series Descriptions, published 8/8/2023

United States Department of Agriculture, National Resources Conservation Service

Telephone (202)720-2791

Downloadable version is free online at

http://ncss-tech.github.io/AQP/soilDB/soil-series-query-functions.html

E-mail address: askusda@usda.gov

Soil 302.02(b)(7)a.4.

Field Book for Describing and Sampling Soils, Version 3.0, September 2012

United States Department of Agriculture, National Resources Conservation Service

Telephone (402)437-5499

Downloadable version is free online at https://nrcspad.sc.egov.usda.gov/DistributionCenter/pdf.aspx?productID=991E-mail address: Soils-Webmaster@usda.gov

Soil 302.02(b)(7)a.5.

Soil Survey Manual, Soil Survey Division Staff Handbook 18, published 2017 minor amendments 2018

United States Department of Agriculture, National Resources Conservation Service

Telephone (888)526-3227

Downloadable version is free online at https://www.nrcs.usda.gov/sites/default/files/2022-09/The-Soil-Survey-Manual.pdf

E-mail address: NRCSDistributionCenter@ia.usda.gov

Soil 302.02(b)(7)a.6.

NH Statewide Numerical Soil Legend, issue #10, dated January 2011

NH Natural Resources Conservation Service

10 Ferry Street, Concord NH 03301

Telephone (603)868-7581

Downloadable version is free online at https://www.nrcs.usda.gov/sites/default/files/2022-11/NH%20Statewide%20Legend.pdf

E-mail address: askusda@usda.gov

Soil 302.02(b)(7)b.

The Standards for a High Intensity Soil Map NH, published December 2017

The Society of Soil Scientists of Northern New England

P.O. Box 76

Durham, NH 03824-0076

Downloadable version is free online at

https://sssnne.files.wordpress.com/2018/05/high-intensity-soil-mapping-standards-for-nh.pdf

E-mail address: sssnne@gmail.com

Soil 302.02(b)(7)c.

Site-Specific Soil Mapping Standards for NH and VT, published July 2021

The Society of Soil Scientists of Northern New England

Special Publication No 3 Version 7.0

Site Specific Soil Mapping Standards for New Hampshire and

Vermont

P.O. Box 76

Durham, NH 03824-0076

Downloadable version is free online at

https://sssnne.files.wordpress.com/2022/02/site-specific-soil-mapping-standards-for-new-hampshire-and-vermont-version-7.0-july-2021.pdf

E-mail address: sssnne@gmail.com

Soil 302.02(h)(1)a.

Soil Taxonomy, A Basic System of Soil Classification for Making and Interpreting Soil Surveys, second edition 1999

United States Department of Agriculture, National Resources Conservation Service

Telephone (202)720-2791

Downloadable version is free online at

https://www.nrcs.usda.gov/sites/default/files/2022-06/Soil%20Taxonomy.pdf

E-mail address: askusda@usda.gov

Soil 302.02(h)(1)b.

Keys to Soil Taxonomy, Thirteenth Edition, 2022

United States Department of Agriculture, National Resources Conservation Service

Telephone (888)526-3227

Downloadable version is free online at

https://www.nrcs.usda.gov/sites/default/files/2022-09/Keys-to-Soil-Taxonomy.pdf

E-mail address: askusda@usda.gov

Soil 302.02(h)(1)c.

Soil Survey Staff National Resources Conservation Service, Official Soil Series Descriptions, published 8/8/2023

United States Department of Agriculture, National Resources Conservation Service

Telephone (202)720-2791

Downloadable version is free online at

http://ncss-tech.github.io/AQP/soilDB/soil-series-query-functions.html

E-mail address: askusda@usda.gov

Soil 302.02(h)(1)d.

Field Book for Describing and Sampling Soils, Version 3.0, September 2012

United States Department of Agriculture, National Resources Conservation Service

Telephone (402)437-5499

Downloadable version is free online at https://nrcspad.sc.egov.usda.gov/DistributionCenter/pdf.aspx?productID=991E-mail address: Soils-Webmaster@usda.gov

Soil 302.02(h)(1)e.

Soil Survey Manual, Soil Survey Division Staff Handbook 18, published 2017 minor amendments 2018

United States Department of Agriculture, National Resources Conservation Service

Telephone (888)526-3227

Downloadable version is free online at https://www.nrcs.usda.gov/sites/default/files/2022-09/The-Soil-Survey-Manual.pdf

E-mail address: NRCSDistributionCenter@ia.usda.gov

Soil 302.02(h)(1)f.

NH Statewide Numerical Soil Legend, issue #10, dated January 2011

NH Natural Resources Conservation Service

10 Ferry Street, Concord NH 03301

Telephone (603)868-7581

Downloadable version is free online at https://www.nrcs.usda.gov/sites/default/files/2022-11/NH%20Statewide%20Legend.pdf

E-mail address: askusda@usda.gov

Soil 302.02(h)(2)

The Standards for a High Intensity Soil Map NH, published December 2017

The Society of Soil Scientists of Northern New England

P.O. Box 76

Durham, NH 03824-0076

Downloadable version is free online at

https://sssnne.files.wordpress.com/2018/05/high-intensity-soil-mapping-standards-for-nh.pdf

E-mail address: sssnne@gmail.com

Soil 302.02(h)(3)

Site-Specific Soil Mapping Standards for NH and VT, published July 2021

The Society of Soil Scientists of Northern New England

Special Publication No 3 Version 7.0

Site Specific Soil Mapping Standards for New Hampshire and

Vermont

P.O. Box 76

Durham, NH 03824-0076

Downloadable version is free online at

https://sssnne.files.wordpress.com/2022/02/site-specific-soil-mapping-standards-for-new-hampshire-and-vermont-version-7.0-july-2021.pdf

E-mail address: sssnne@gmail.com

Soil 302.04(b)(1)

Method for Inventorying and Evaluating Freshwater Wetlands in NH - Comparative Evaluation of Nontidal Wetlands in NH, published December 2015

University of New Hampshire Cooperative Extension

113A North Road

Brentwood, NH 03833

Telephone: (877) 398-4769

Downloadable version is free online at: https://extension.unh.edu/sites/default/files/migrated_unmanaged_files/Resource001874_Rep2707.pdf

E-mail Address: answers@unh.edu

Soil 302.04(c)(1);

Soil 302.04(c)(2)

Method for Inventorying and Evaluating Freshwater Wetlands in NH - Comparative Evaluation of Nontidal Wetlands in NH, published December 2015

University of New Hampshire Cooperative Extension

113A North Road

Brentwood, NH 03833

Telephone: (877) 398-4769

Downloadable version is free online at: https://extension.unh.edu/sites/default/files/migrated_unmanaged_files/Resource001874_Rep2707.pdf

E-mail Address: answers@unh.edu

Soil 302.04(c)(1);

Soil 302.04(c)(2)

Highway Methodology Workbook Supplement, published 2009

US Army Corps of Engineers

Waterways Experiment Station 3909 Halls Ferry Road Vicksburg, MS 39180-6199

Telephone: (202)761-0011

Downloadable version is free online at:

https://www.nae.usace.army.mil/Portals/74/docs/regulatory/Forms/HighwaySupplement6Apr2015.pdf

E-mail Address: hqp-publicaffairs@usace.army.mil

Soil 302.04(c)(2)

Corps of Engineers Wetland Delineation Manual, Technical Report 4-87-1, published 1987

US Army Corps of Engineers

Waterways Experiment Station 3909 Halls Ferry Road Vicksburg, MS 39180-6199

Telephone: (202)761-0011

Downloadable version is free online at https://www.lrh.usace.army.mil/Portals/38/docs/USACE%2087%20Wetland%20Delineation%20Manual.pdf

E-mail address: hqp-publicaffairs@usace.army.mil

Soil 302.04(c)(2)

Interim Regional Supplement to the Corps of Engineers Wetland Delineation Manual: Northcentral and Northeast Region, US Army Corps of Engineers, published October 2009

US Army Corps of Engineers

Waterways Experiment Station 3909 Halls Ferry Road Vicksburg, MS 39180-6199

Telephone: (202)761-0011

Downloadable version is free online at https://www.nan.usace.army.mil/Portals/37/docs/regulatory/Formdoc/IntrmRegSuppNC_NE.pdf

E-mail address: hqp-publicaffairs@usace.army.mil

Soil 302.04(c)

Classification of Wetlands and Deepwater Habitats of the United States, FGDC-STD-004-2013, Second Edition, published August 2013

Federal Geographic Data Committee Secretariat

c/o U.S. Geological Survey

590 National Central

Reston, Virginia 22092

Telephone: (703) 648-5514

Downloadable version is free online at

https://www.fws.gov/sites/default/files/documents/Classification-of-Wetlands-and-Deepwater-Habitats-of-the-United-States-2013.pdf

E-mail address: gdc@usgs.gov

History

#4676, eff 9-20-89, EXPIRED: 9-20-95
#6232, eff 4-26-96; ss by #6881, eff 11-13-98; ss by #8621, eff 5-2-06; ss by #9886-A, eff 3-11-11, EXPIRED: 3-11-19
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