# Title 43 — Occupations and Professions

## Chapter 43-36 — Professional Soil Classifiers

### § 43-36-01. Definitions.

Unless the context or subject matter otherwise requires:
1. "Board" means the state board of registration for professional soil classifiers
hereinafter provided in this chapter.
2. "Kind of soil" is a group of natural bodies that has a discrete combination of landscape,
morphological, chemical, and physical properties.
3. "Practice of soil classifying and practice of professional soil classifying" means any
service or work the adequate performance of which requires education in the physical,
chemical, biological, and soil sciences, training and experience in the application of the
special knowledge of these sciences to soil classification, the soil classification by
accepted principles and methods, investigation, evaluation, and consultation on the
effect of measured, observed, and inferred soil properties upon the various uses, the
preparation of soil descriptions, maps and reports and interpretive drawings, maps and
reports of soil properties and the effect of soil properties upon the various uses, and
the effect of the various uses upon kinds of soil, any of which embraces such service
or work either public or private incidental to the practice of soil classifying.
A person must be construed to practice or offer to practice soil classifying within
the meaning and intent of this chapter who by verbal claim, sign, advertisement,
letterhead, card, or use of some other title represents that the person is a soil
classifier, but does not mean or include the practice of soil classifying by persons
exempt under the provisions of section 43-36-24 nor the work ordinarily performed by
persons who sample and test soil for fertility status or construction materials and
engineering surveys and soundings to determine soil properties influencing the design
and construction of engineering and architectural projects. Notwithstanding the
foregoing provisions, a person may not be construed to practice soil classifying unless
the person offers soil classifying services to or performs such soil classifying for the
public.
4. "Professional soil classifier" means a person who by reason of that person's special
knowledge of the physical, chemical, and biological sciences applicable to soils as
natural bodies and of the methods and principles of soil classification as acquired by
soils education and soil classification experience in the formation, morphology,
description, and mapping of soils is qualified to practice soil classifying and who has
been duly registered by the state board of registration for professional soil classifiers.
5. "Responsible charge" means direct control and personal supervision of soil
classification.
6. "Soil" is all of the groups of natural bodies occupying the unconsolidated portion of the
earth's surface capable of supporting plant life and having properties due to the
combined effect of climate and living organisms, as modified by topography and time,
upon parent materials.
7. "Soil classification" is plotting the boundaries, describing and evaluating the kinds of
soil as to their behavior and response to management under the various uses.
8. "Soil classifier" means a professional soil classifier as defined in subsection 4.
9. "Soil classifier-in-training" means a person who complies with the requirements for
education and character and who has passed an examination in the fundamental soil
and related subjects as provided for in sections 43-36-10, 43-36-11, 43-36-12, and
43-36-13.
### § 43-36-02. Board - Appointments - Terms.

A state board of registration for professional soil classifiers is hereby created whose duty it
is to administer the provisions of this chapter. The board consists of three professional soil
classifiers appointed by the governor and two members at large appointed by the governor. The
members of the board must be appointed for five years, staggered so the term of one member
expires June thirtieth of each year and so that the terms of the members at large do not expire

in consecutive years. Each member of the board shall receive a certificate of that member's
appointment from the governor and shall file with the secretary of state a written oath and
affirmation of the faithful discharge of the member's official duties. On the expiration of the term
of any member, the governor shall in the manner hereinbefore provided appoint for a term of
five years a registered professional soil classifier or a member at large to take the place of the
member whose term on said board is about to expire. A member may be reappointed. Each
member shall hold office until a successor has been duly appointed and has qualified.
### § 43-36-03. Board - Qualifications.

Each member of the board must be a citizen of the United States and a resident of this
state.
### § 43-36-04. Board - Compensation and expenses.

Each member of the board is entitled to receive compensation at the rate of sixty-two
dollars and fifty cents per day and reimbursement for expenses as provided by law for state
officers, if attending board meetings or performing duties directed by the board.
### § 43-36-05. Board - Removal of members - Vacancies.

The governor may remove any member of the board for misconduct, incompetency, neglect
of duty, or for any sufficient cause in the manner prescribed by law for the removal of state
officials. Vacancies in the membership of the board must be filled for the unexpired term by
appointment by the governor as provided in section 43-36-02.
### § 43-36-06. Board - Organization and meetings.

The board shall hold at least two regular meetings each year. Special meetings may be held
as the bylaws of the board provide. The board shall elect or appoint annually the following
officers: a chairman, a vice chairman, and a secretary. A quorum of the board consists of three
members.
### § 43-36-07. Board - Powers.

The board has the power to administer this chapter under chapter 28-32 and:
1. To adopt and amend all bylaws, rules of procedure, and regulations to administer and
carry out the provisions of this chapter and for the conduct of its affairs and functions
consistent with the constitution and laws of this state or this chapter which may be
reasonably necessary for the proper performance of its duties and the regulation of its
proceedings, meetings, records, examinations, and the conduct thereof, and to adopt
and promulgate a code of ethics which is binding upon all persons registered under or
subject to this chapter.
2. To employ such clerks, technical experts, and attorneys as it may deem necessary or
desirable to carry out the provisions of this chapter.
3. To apply in the name of the state for relief by injunction without bond, to enforce the
provisions of this chapter, or to restrain any violation thereof. In such proceedings it is
not necessary to allege or prove either that an adequate remedy at law does not exist
or that substantial or irreparable damage would result from the continued violation
thereof. The members of the board are not personally liable under this proceeding.
4. To negotiate and enter reciprocal agreements with similar agencies in other states;
provided that a reciprocal agreement may not limit the board's powers and duties
regarding any application for registration as a professional soil classifier or for
certification as a soil classifier-in-training or regarding the enforcement of this chapter
or any rules adopted to implement this chapter.
### § 43-36-08. Receipts and disbursements.

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


the laws of this state. The premium on said bond must be regarded as a proper and necessary
expense of the board. The secretary shall receive such salary as the board shall determine.
Under no circumstances may the total amount of warrants issued in payment of the expenses
and compensation provided for in this chapter exceed the amount of moneys collected.
### § 43-36-09. Records and reports.

The board shall:
1. Keep a record of its proceedings and of all applications for registration which record
must show the name, age, and last-known address of each applicant, the place of
business of such applicant, the applicant's education, experience and other
qualifications, type of examination required, whether or not a certificate of registration
was granted, whether or not the applicant was rejected, the date of the action of the
board, and such other information as may be deemed necessary by the board which
record of the board is prima facie evidence of the proceeding of the board and a
transcript thereof duly certified by the secretary under seal is admissible as evidence
with the same force and effect as if the original were produced.
2. Annually as of January first submit to the governor a report of its transactions of the
preceding year and shall transmit to the governor a complete statement of the receipts
and expenditures of the board attested by affidavits of its chairman and its secretary.
### § 43-36-10. General requirements for registration - Professional soil classifier.

To be eligible for registration as a professional soil classifier or certification as a soil
classifier-in-training, an applicant must be of good character and reputation and shall submit a
written application to the board containing such information as the board may require, together
with three references, one of which must be from a professional soil classifier having personal
knowledge of the applicant's soil classifying experience; or in the case of an application for
certification as a soil classifier-in-training, by three character references.
### § 43-36-10.1. Conviction not bar to registration - Exceptions.

Conviction of an offense does not disqualify a person from registration under this chapter
unless the board determines that the offense has a direct bearing upon a person's ability to
serve the public as a professional soil classifier, or that, following conviction of any offense, the
person is not sufficiently rehabilitated under section 12.1-33-02.1.
### § 43-36-11. Registration without examination - Reciprocity.

An applicant otherwise qualified must be admitted to registration as a professional soil
classifier without examination upon payment of the required fees if:
1. The applicant is of good character, has been a resident of the state for at least one
year immediately preceding the date of application, was a practicing soil classifier on
July 1, 1973, meets the requirements of this chapter, and has performed work of a
character satisfactory to the board; or
2. The applicant holds a certificate of registration in the practice of soil classifying issued
by another state, the District of Columbia, a Canadian province, or a foreign country, in
which the requirements are substantially similar to those of this state.
### § 43-36-12. Registration with examination - Professional soil classifier.

An applicant otherwise qualified must be admitted to registration as a professional soil
classifier if the applicant has successfully passed an examination in the principles and practice
of soil classifying as prescribed by the board and has one of the following additional
qualifications:
1. Is a graduate of a soils curriculum approved by the board as satisfactory and with a
specific record of an additional four years or more of experience of a grade and
character which indicates to the board that the applicant is competent to practice soil
classifying and who holds a valid soil classifier-in-training certificate.

2. Is a person who has satisfactorily completed a soils curriculum not approved by the
board and eight years or more of experience in soil classifying work of a character and
grade which indicates to the board that the applicant is competent to practice soil
classifying.
3. Is a person who holds a valid soil classifier-in-training certificate with a specific record
of four years or more of experience as a soil classifier-in-training of a grade and
character which indicates to the board that the applicant is competent to practice soil
classifying.
4. Is a person with experience of not less than four years of soil classification research or
as a teacher of soils in a college or university offering an approved soils curriculum of
four years or more, and a minimum of two years of soil classifying experience of a
character and grade which indicates to the board that the applicant is competent to
practice soil classifying.
### § 43-36-13. Qualifications of soil classifier-in-training.

Unless otherwise qualified, a person must be admitted to certification as a soil
classifier-in-training, which certification is valid for four years, if the person is:
1. A graduate of a soils curriculum approved by the board and has passed an
examination in the fundamentals of soil classification; or
2. An applicant who has completed a soils curriculum not approved by the board and
who has a specific record of four years of soil classification experience of a grade and
character satisfactory to the board and who passes an examination in the
fundamentals of soil classification.
### § 43-36-14. Application for registration.

Application for registration as a professional soil classifier and for certification as a soil
classifier-in-training must be on a form prescribed and furnished by the board, must contain
statements made under oath showing the applicant's education, a detailed summary of the
applicant's experience, and references as required by this chapter and must be accompanied by
an application fee established by the board of not less than fifty nor more than two hundred
dollars. If the national test is administered, the amount may not exceed five hundred dollars.
### § 43-36-15. Registration fees.

1. The board shall establish registration fees provided:
a. The registration fee for in-state professional soil classifiers must be at least fifty
dollars but not more than three hundred dollars.
b. The registration fee for in-state soil classifier-in-training certification or enrollment
must be at least twenty-five dollars but not more than one hundred dollars.
c. The registration fee for out-of-state professional soil classifiers must be at least
one hundred dollars but not more than three hundred dollars.
2. If the board denies the issuance of a certificate to an applicant, the board shall retain
the application fee.
### § 43-36-16. Examinations.

Examinations must be held at such times and places as the board determines.
Examinations required on fundamental soil subjects may be taken at any time prescribed by the
board. The final examinations may not be taken until the applicant has completed a period of
soil classifying experience as provided in this chapter. The passing grade on any examination
may not be less than seventy percent. A candidate failing one examination may apply for
re-examination, which may be granted upon payment of a fee established by the board of not
less than twenty-five nor more than fifty dollars. Any candidate for registration having an
average grade of less than fifty percent may not apply for re-examination for a period of one
year from the date of such examination.

### § 43-36-17. Certificates.

The board shall issue a certificate of registration upon payment of the registration fee as
provided for in this chapter to any applicant who in the opinion of the board has met the
requirements of this chapter. Enrollment cards must be issued to those who qualify as soil
classifiers-in-training. Certificates of registration must carry the designation "professional soil
classifier", must show the full name of the registrant without any titles, must be numbered, and
must be signed by the chairman and the secretary under the seal of the board. The issuance of
a certificate of registration by the board is prima facie evidence that the person named therein is
entitled to all the rights and privileges of a professional soil classifier during the term for which
the certificate is valid providing the certificate has not been revoked or suspended.
### § 43-36-18. Expirations and renewals.

Certificates of registration expire on the last day of the month of December following their
issuance and become invalid after that date unless renewed. It is the duty of the secretary of the
board to notify every person registered under this chapter of the date of the expiration of said
certificate of registration and the amount of the fee required for its renewal. Such notice must be
mailed to the registrant at the registrant's last-known address at least one month in advance of
the expiration of said certificate. Renewal may be effected at any time prior to or during the
month of December by the payment of a fee established by the board not to exceed the fees
established for registration. Renewal of an expired certificate may be effected under rules
promulgated by the board regarding requirements for re-examination and penalty fees.
### § 43-36-19. Reissuance of certificates.

A new certificate of registration to replace any certificate lost, destroyed, or mutilated may
be issued subject to the rules of the board. A reasonable charge must be made for such
issuance.
### § 43-36-20. Code of ethics.

The board shall cause to have prepared and shall adopt a code of ethics a copy of which
must be delivered to every registrant and applicant for registration under this chapter. Such
delivery constitutes due notice to all registrants. The board may revise and amend this code of
ethics from time to time and shall forthwith notify each registrant in writing of such revisions and
amendments. Such code of ethics when adopted applies to all certificate holders.
### § 43-36-21. Disciplinary action - Revocations, suspensions, or reprimands.

The board has the power to suspend, refuse to renew or revoke the certificate of
registration of, or reprimand any registrant who is guilty of any of the following:
1. The practice of fraud or deceit in obtaining a certificate of registration.
2. Any gross negligence, incompetence, or misconduct in the practice of soil classifying.
3. Any offense determined by the board to have a direct bearing upon a registrant's
ability to serve the public as a professional soil classifier, or the board determines,
following conviction of any offense, that a registrant is not sufficiently rehabilitated
under section 12.1-33-02.1.
4. Violation of the code of ethics adopted and promulgated by the board.
### § 43-36-22. Disciplinary action - Procedure.

Any person may prefer charges of fraud, deceit, gross negligence, incompetence,
misconduct, or violation of the code of ethics against any individual registrant. Such charges
must be in writing and must be sworn to by the person or persons making them and must be
filed with the secretary of the board. All charges unless dismissed by the board as unfounded or
trivial must be heard by the board within three months after the date on which they have been
preferred. The time and place for said hearing must be fixed by the board and a copy of the
charges together with a notice of the time and place of hearing must be served upon the
accused either personally or sent by registered or certified mail to the last-known address of
such individual registrant at least thirty days before the date fixed for hearing. At any hearing the

accused registrant has the right to appear in person or by counsel, or both, to cross-examine
witnesses appearing against the accused, and to produce evidence and witnesses in defense of
the accused. If the accused person fails or refuses to appear, the board may proceed to hear
and determine the validity of the charges. If after such hearing a majority of the board votes in
favor of sustaining the charges, the board shall make findings of fact, draw its conclusions and
issue its order therein and serve the same upon the accused. In said order the board may
reprimand, suspend, refuse to renew, or revoke the accused individual's certificate of
registration. Any person who feels aggrieved by any action of the board in denying, suspending,
refusing to renew, or revoking that person's certificate of registration may appeal therefrom to
the district court under the procedures provided by chapter 28-32.
### § 43-36-23. Right to practice.

No person may practice or offer to practice professional soil classifying as defined by this
chapter unless the person is duly registered to practice under or exempt from the provisions of
this chapter.
### § 43-36-24. Exemptions.

This chapter shall not be construed to prevent or affect:
1. The practice or offer to practice soil classifying by a person not a resident or having no
established place of business in this state provided such person is legally qualified by
the provisions of this chapter to practice soil classifying as defined herein in that
person's own state which extends similar privileges to persons registered under this
chapter provided such person shall make application accompanied by the appropriate
application fee to the board in writing prior to that person's practicing or offering to
practice soil classifying, may be granted a temporary permit for a definite period of
time not to exceed one year to do a specific job provided, however, no right to practice
soil classifying shall accrue to such applicant with respect to any other work not set
forth in said permit.
2. The work of an employee or a subordinate of a person holding a certificate of
registration under this chapter or an employee of a person practicing lawfully under
subsection 1, provided such work does not include final soil classifying decisions and
is done under the direct supervision of and verified by a person holding a certificate of
registration under this chapter or a person practicing lawfully under subsection 1.
3. The practice of any other legally recognized profession or trade.
4. The practice of soil classifying by any person regularly employed to perform soil
classifying services solely for that person's employer or for a subsidiary or affiliated
corporation or limited liability company of that person's employer, providing the soil
classifying performed is in connection with the property, products, or services of that
person's employer.
### § 43-36-25. Violation - Penalty.

Any person who practices or offers to practice professional soil classifying in this state
without being registered in accordance with the provisions of this chapter, or any person using
or employing the words "soil classifier" or "professional soil classifier" or any modification or
derivative thereof in its name or form of business or activity except as authorized in this chapter,
or any person presenting the certificate of registration of another, or any person who falsely
impersonates any other registrant of like or different name, or any person who attempts to use
an expired or revoked or nonexistent certificate of registration, or who practices or offers to
practice when not qualified, or any person who falsely claims that that person is registered
under this chapter, or any person who violates any of the other provisions of this chapter is
guilty of a class B misdemeanor.
