A
professional soil classifier is defined in the North Dakota
Century Code (43-36-01(2)) as a person who by reason of
his/her 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.
The practice of soil classification is defined in the North Dakota Century
Code (43-36-01(7)) as 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 of soil properties and the effect of
soil properties 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 shall 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 himself to be a soil
classifier, but shall 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 shall not be construed to
practice soil classifying unless he offers soil classifying services to or
performs such soil classifying for the public.
The right to practice soil classification in North Dakota is stated in the
North Dakota Century Code (43-36-23). No person shall practice or offer to
practice professional soil classifying as defined by this chapter unless such
person is duly registered to practice under or exempt from the provisions of
this chapter.
Exemptions from the soil classifier law are outlined the North Dakota Century
Code (43-36-24(1-4)) as: 1.) 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 his/her own state which extends similar privileges to persons
registered under this chapter which provided such person shall make application
accompanied by the appropriate application fee to the board in writing prior
to his/her 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.) 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 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.)
practice of any other legally recognized profession or trade. 4.)
practice of soil classifying by any person regularly employed to perform soil
classifying services solely for his employer, or for a subsidiary or affiliated
corporation of his/her employer, providing the soil classifying performed is
in connection with the property, products, or services of his/her employer.