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Oregon Bulletin

January 1, 2013

Board of Geologist Examiners, Chapter 809

Rule Caption: Updated rules related to Board review and processing of complaints regarding public practice of geology.

Adm. Order No.: BGE 3-2012

Filed with Sec. of State: 12-13-2012

Certified to be Effective: 12-21-12

Notice Publication Date: 11-1-12

Rules Amended: 809-020-0030, 809-055-0000

Subject: 809-020-0030 Misconduct: The rule amendments clarify the links between Board rules OAR 809-003-0000 Definitions and OAR 809 Division 20 Code of Professional Conduct and the Board’s statutory responsibilities and authorities related to discipline. The revised rule provides registrants with a clearer understanding of the types of behaviors that can be subject to disciplinary action by the Board. Disciplinary action can include but is not limited to imposition of civil penalties. By clarifying the rule, the possibility for misunderstandings among the registrant pool should be reduced.

 809-055-0000 Complaint Process: The rule amendments ensure the rule correctly reflects current procedures used by the Board to investigate complaints, thereby increasing clarity for registrants and other parties involved with complaint cases.

Rules Coordinator: Christine Valentine—(503) 566-2837

809-020-0030

Misconduct

Any violation of the Code of Professional Conduct is misconduct under OAR 809-003-0000(11) and is grounds for discipline under ORS 672.675(2) and the assessment of civil penalties under 672.690(1). Misconduct under OAR 809-003-0000(11) also includes, but is not limited to, any of the following acts committed in connection with or related to the public practice of geology:

(1) Signing or stamping work not prepared under the direct supervision or control of the registered geologist;

(2) Offering or accepting gifts (other than those of nominal value, such as entertainment or hospitality), with the intent of influencing the judgment of a client, prospective client, government official, or another geologist in connection with a project, or employment, in which the registered geologist is to be retained or has a financial interest;

(3) Fraud, deceit, misrepresentation, false impersonation, false or forged evidence, or a felony conviction;

(4) Practicing geology while impaired by alcohol or other drugs;

(5) Engaging in false, misleading or deceptive advertising;

(6) Negligence, gross negligence, or incompetence.

Stat. Auth.: ORS 672
Stats. Implemented:
Hist.: GE 4-1984, f. & ef. 12-18-84; BGE 3-2012, f. 12-13-12, cert. ef. 12-21-12

809-055-0000

Complaint Process

(1) “Complaint” is an issue brought to the attention of the Board that may or may not result in formal charges as provided in ORS 672.665.

(2) “Coordinator” means Complaint Coordinator where used in this rule.

(3) “Respondent” refers to a person or firm against whom a complaint has been made.

(4) The primary objectives of the Board in the review of complaints are to safeguard the health, safety, welfare, and property of the people of Oregon and to regulate the public practice of geology.

(5) The Board makes all recommendations and decisions regarding complaints during a Board meeting.

(6) The Board addresses complaints as follows:

(a) The Board Chair assigns one member of the Board to serve as Coordinator. All complaints under consideration by the Board will be referred to this Coordinator for processing and investigation. The Coordinator has the investigatory powers and authority of the Board Chair for purposes of conducting the investigation.

(A) The Coordinator is supported by the Board Administrator.

(B) In the event the Coordinator requests to be recused from a case due to a potential conflict of interest, the Board Chair may appoint another Board member to serve as Coordinator for said case.

(b) Complaints filed with the Board pursuant to ORS 672.665 must be in writing and sworn to, where sworn to means the complainant declares by signature under penalty of perjury that the statements and information in the complaint are believed to be true.

(c) Receipt of all complaints filed with the Board will be acknowledged by the Board staff.

(d) The complainant will not be considered a party to the case.

(e) To the extent permitted by law, the Board will cooperate with other licensing boards during the conduct of an investigation.

(7) Complaints will be processed and investigated through the Coordinator, with assistance from the Board Administrator and staff, as follows:

(a) A case number will be assigned and a preliminary review of the complaint will be made.

(A) If the Coordinator concludes that the complaint may have validity, the Coordinator may have the Board Administrator notify the respondent of the allegations and request written response from the respondent along with supporting or requested records and information.

(B) If the Coordinator concludes that the complaint does not appear to have validity, the Coordinator will prepare a summary for the Board’s consideration.

(b) The Coordinator may engage with the following individuals during the review of a complaint:

(A) The Coordinator may consult with individual Board members or, through the Board Administrator, consult with the Board counsel;

(B) The Coordinator may seek the services of one or more Board registrants serving in the capacity of technical reviewers to assist in evaluating the case; and

(C) The Coordinator may seek the services of any other individuals as necessary to gather information and complete the case investigation on behalf of the Board.

(c) The respondent must supply any written comments as follows:

(A) Written comments and information requested on behalf of the Board must be provided to the Board office within 21 calendar days after the notification is mailed, unless an extension is authorized by the Board Administrator.

(B) After the 21 calendar days or any extension authorized, the Coordinator will evaluate the complaint using available evidence including any documentation or comments received from the respondent, Board members, investigators, technical reviewers, Board staff, and the Board’s counsel.

(d) The Coordinator will present the case status and investigatory results during a Board meeting.

(e) The Board Administrator, with any needed assistance from the Coordinator, will carry out the recommendations or decisions of the Board, including but not limited to preparing requests for additional information, letters of concern, settlement proposals, notices of violation, securing technical reviewers and investigators, and closing out cases.

Stat. Auth.: ORS 670.310(1), 672.615(8) & 672.665
Stats. Implemented:
Hist.: GE 2-1992, f. 9-30-92, cert. ef. 10-1-92; BGE 1-2000, f. & cert. ef. 8-3-00; BGE 2-2000, f. & cert. ef. 11-17-00; BGE 1-2002, f. & cert. ef. 2-6-02, Renumbered from 809-050-0040; BGE 2-2009, f. & cert. ef. 12-11-09; BGE 3-2012, f. 12-13-12, cert. ef. 12-21-12


Rule Caption: 2011–2013 Operating Budget Adjustment and Board Policies and Procedures Update.

Adm. Order No.: BGE 4-2012

Filed with Sec. of State: 12-13-2012

Certified to be Effective: 12-21-12

Notice Publication Date: 11-1-12

Rules Amended: 809-001-0000, 809-010-0025

Rules Repealed: 809-001-0020, 809-001-0025, 809-001-0030

Subject: Budget Rule: The Board increased its allowable expenditure limit for the 2011-2013 biennium in accordance with a revised budget that incorporates updated revenue and expense information. No fee increases are required.

 Notice Rule: The Board is required to follow the Oregon Administrative Procedures Act (APA), and the Board’s rule was updated to remove a conflict with the APA.

 Policies/Procedures Rules: The Board deleted rules that refer to outdated State of Oregon policies and procedures as the contracting, procurement and personnel policies and procedures for the Board. The Board has adopted updated policies for contracting, procurement, and personnel policies and procedures outside of administrative rule as allowed by state law for semi-independent agencies.

Rules Coordinator: Christine Valentine—(503) 566-2837

809-001-0000

Notice

Before adoption, amendment, or repeal of any permanent rule, the State Board of Geologist Examiners shall give notice of the intended action:

(1) In the Secretary of State’s Bulletin referred to in ORS 183.360 at least 21 days before the effective date of the intended action;

(2) By mailing a copy of the notice to persons on the State Board of Geologist Examiners mailing list established under ORS 183.335(8);

(3) By mailing or furnishing a copy of the notice to:

(a) The Associated Press;

(b) Association of Engineering Geologists;

(c) Department of Geology and Mineral Industries;

(d) Department of Geology, Oregon State University;

(e) Department of Geology, University of Oregon;

(f) Department of Geology, Portland State University;

(g) Capitol Press Room;

(h) Earth and Physical Science Department, Western Oregon University; and

(i) Department of Geology, Southern Oregon University.

Stat. Auth.: ORS 183, 192, 670.310(1) & 672
Stats. Implemented: ORS 183.335

Hist: GE 1(Temp), f. & ef. 11-3-77; GE 2, f. & ef. 12-13-77; GE 1-1982, f. & ef. 5-14-82; GE 1-1983, f. & ef. 2-17-83; GE 1-1984, f. & ef. 2-1-84; BGE 1-2002, f. & cert. ef. 2-6-02; BGE 3-2004, f. & cert. ef. 6-23-04; BGE 4-2012, f. 12-13-12, cert. ef. 12-21-12

809-010-0025

Operating Budget

The Oregon State Board of Geologist Examiners hereby adopts by reference the 2011–2013 Biennial Budget of $485,122 covering the period from July 1, 2011, and ending June 30, 2013. With Board approval, the Administrator of the Board may amend budgeted accounts as necessary within the approved budget of $485,122 for the effective operation of the Board. The Board will not exceed the approved 2011–13 Biennium Budget unless registrants are noticed, a public hearing is convened, and this rule is amended as required by ORS Chapter 182.462(1)(2). Copies of the budget are available from the Board’s office.

Stat. Auth.: ORS 670.310, 672.705 & 182.462
Stats. Implemented: ORS 672.705 & 1999 OL Ch. 1084
Hist.: BGE 1-1999, f. & cert. ef. 6-17-99; BGE 1-2001, f. & cert. ef. 3-23-01; BGE 2-2003, f. 6-13-03, cert. ef. 7-1-03; BGE 1-2005, f. & cert. ef. 8-15-05; BGE 2-2007, f. 6-25-07, cert. ef. 7-1-07; BGE 1-2009, f. 6-15-09, cert. ef. 7-1-09; BGE 1-2011, f. 6-21-11, cert. ef. 7-1-11; BGE 4-2012, f. 12-13-12, cert. ef. 12-21-12

Notes
1.) This online version of the OREGON BULLETIN is provided for convenience of reference and enhanced access. The official, record copy of this publication is contained in the original Administrative Orders and Rulemaking Notices filed with the Secretary of State, Archives Division. Discrepancies, if any, are satisfied in favor of the original versions. Use the OAR Revision Cumulative Index found in the Oregon Bulletin to access a numerical list of rulemaking actions after November 15, 2012.

2.) Copyright 2013 Oregon Secretary of State: Terms and Conditions of Use

Oregon Secretary of State • 136 State Capitol • Salem, OR 97310-0722
Phone: (503) 986-1523 • Fax: (503) 986-1616 • oregon.sos@state.or.us

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