Citation for Lapsed Professional Geologist License Vacated

A reference to the wrong sections of the applicable law invalidated a Bureau of Professional and Occupational Affairs citation for a lapsed license.  On January 24, 2011, the Commonwealth Court reversed a decision of BPOA’s  State Registration Board for Professional Engineers, Land Surveyors and Geologists, because the Board cited the incorrect sections of the Engineers, Land Surveyor and Geologist Registration Law.

In August 2008 a Professional Geologist realized that his registration in Pennsylvania had lapsed on October 1, 2007.  The Geologist immediately applied for renewal and his license was promptly reinstated by the Board.  However, the Bureau fined the Geologist, asserting that he had performed geological work without a license during the period of time his license had lapsed.  The Bureau asserted that the Geologist’s conduct violated Sections 3(b) and 4(e) of the Law.

Upon review, the Commonwealth Court held that the sections of the Law cited by BPOA were merely a definitional section and the provision that authorizes the Board to enforce the Law.  Neither section was capable of being “violated” by registered professionals.  Accordingly, the Commonwealth Court reversed the decision of the Bureau, explaining that the section that might have formed the basis the Bureau’s citation was not, in fact, invoked by the Bureau.

A copy of the decision is available here.