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The Oregon Administrative Rules contain OARs filed through July 15, 2014
 
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BOARD OF GEOLOGIST EXAMINERS

 

DIVISION 3

DEFINITIONS

 

809-003-0000

Definitions

The definitions of terms used in ORS 672.505 to 672.991, and the rules of this OAR chapter 809, are:

(1) "ASBOG": National Association of State Boards of Geology; an organization of state boards that regulate the public practice of geology; ASBOG prepares the national geology examinations.

(2) "Deceit": An attempt to portray as true or valid something that is untrue or invalid.

(3) "Equivalent of 45 quarter hours": 30 semester hours.

(4) "Expert Opinion": An opinion tendered to a court, commission, hearings officer, or other tribunal which is considered to be expert testimony by virtue of the professional experience, training, and registration and certification of the geologist tendering the opinion.

(5) "Falsely Impersonate": To assume without authority or with fraudulent intent the identity of another person.

(6) "False or Forged Evidence": Untrue documents purporting to be proof, or falsely and fraudulently altered proof.

(7) "Felony": A crime declared a felony by statute because of the punishment imposed.

(8) "Fraud": Intentional perversion of truth in order to induce another to part with something of value or to surrender a legal right.

(9) "Geological Work": For purposes of ORS 672.505(11), “geological work” means the public practice of geology as defined at 672.505(7) or that would otherwise require registration or certification by the Board if not exempted under 672.525 or 672.535, regardless of whether the work is conducted in or outside of Oregon.

(10) "Gross Negligence": Reckless and wanton disregard for exercising care and caution.

(11) "Incompetence": Inadequacy or unsuitability for effective action. The Board shall consider incompetence in the practice of geology to include, but not be limited to instances where a geologist has been adjudicated mentally incompetent by the court; been engaged in conduct which shows a lack of ability or fitness to discharge the duties and responsibilities a geologist owes a client, employer, or the general public; or been engaged in conduct which shows a lack of knowledge, or inability, to apply the principles or skills of the profession.

(12) "Misconduct": Violation of any state or federal rule or statute in the course of the practice of geology.

(13) "Mutual Recognition": When one state allows a geologist who is registered in another state to perform work in that state without obtaining local registration.

(14) "National examination": prepared by ASBOG and comprised of a four-hour fundamental section and a four-hour practice section.

(15) "Neglect of Duty": Lack of attention to the performance or services that arise from one's position.

(16) "Negligence": Failure by a registrant to exercise the care, skill, and diligence demonstrated by a registrant under similar circumstances in the community in which the registrant practices.

(17) "Official Transcript": Transcript certified by the school and received under seal.

(18) "Project": A contractually specified scope and amount of geologic work relating to a specific undertaking, such as, but not limited to, the geologic reconnaissance of an area, a geohydrologic study of an area, or an analysis of volcanic hazards from a volcano.

(19) "Proprietary": Belonging to a client, employer or geologist.

(20) "Public proceeding": as used in ORS 672.525(9) means a public forum where members of the public are invited to comment or testify or permitted to comment or testify.

(21) "Reciprocity": When one state will issue a registration to a geologist because the geologist holds a registration in another state.

(22) "Reinstatement of Registration": One-time process to bring a lapsed registration or certification to current, valid status.

(23) "Related Geological Science": A course of study that includes at least 36 quarter hours, or the equivalent, in geological subjects taken in the third or fourth year or in graduate courses.

(24) "Renewal of Registration": Annual process to maintain the current status of a valid registration or certification.

(25) "Responsible Charge": This means in responsible charge of work as defined in ORS 672.505(11) and under these rules.

(26) "Seal": The term seal means the same thing as to stamp as used within OAR Chapter 809.

(27) "Supervision of Geological Work": For purposes of ORS 672.505(11), “supervision” means oversight by an individual who is fully responsible, accountable and liable for the geological work and where the individual is:

(a) Registered as a geologist in Oregon;

(b) Certified as an engineering geologist in Oregon;

(c) Registered as a geologist in another jurisdiction with licensing requirements comparable to Oregon; or

(d) In charge of the geological work in a situation or another jurisdiction that does not require licensure.

(28) "Third or Fourth Year": Upper division college classes.

(29) "Threat to the Public Health, Welfare, or Property": A threat of geologic nature such as, but not limited to, induced or imminent instability of a slope, exacerbation of or continuation of a high rate of erosion, flood hazard or land subsidence, ongoing or potential contamination of underground or surface waters. Also a potential threat which would be induced by an action taken in ignorance of, or without regard to geologic conditions such as construction of residences or other structures intended for habitation in areas prone to landslides, mudflows, volcanic eruption, tsunamis, or earthquakes without proper mitigation measures, or construction of dams or other waterworks, bridges, power plants or other critical facilities without exhaustive investigation of potential geologic hazards and incorporation of approved mitigation measures into their design.

(30) "Year of Study": 36 quarter hours or 24 semester hours.

Stat. Auth.: ORS 672.515, 672.545, 672.555, 672.565, 672.585, 672.595, 672.605
Stats. Implemented: ORS 672.505 - 672.705
Hist.: GE 1-1984, f. & ef. 2-1-84; GE 3-1984, f. & ef. 12-4-84; GE 4-1984, f. & ef. 12-18-84; GE 1-1985, f. & ef. 7-1-85; BGE 2-1999, f. & cert. ef. 11-8-99; BGE 2-2002, f. & cert. ef. 4-15-02; BGE 9-2004, f & cert. ef. 10-19-04; BGE 3-2006, f. & cert. ef. 11-13-06; BGE 1-2012, f. & cert. ef. 6-15-12

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