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Registration for Professional Soil Classifiers - Defined

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.