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

 

DIVISION 20

CODE OF PROFESSIONAL CONDUCT

 809-020-0001

Goals

(1) A geologist shall be guided by the highest standards of ethics, honesty, integrity, fairness, personal honor, and professional conduct.

(2) To the fullest extent possible, a geologist shall protect the public health and welfare and property in carrying out professional duties.

Stat. Auth.: ORS 672
Stats. Implemented:
Hist.: GE 4-1984, f. & ef. 12-18-84

809-020-0006

Responsibility to Profession

(1) A Registered Geologist shall undertake professional service or render expert opinion only when qualified by training or experience in the technical areas involved.

(2) When serving as an expert or technical witness before a court, commission, or other tribunal, a Registered Geologist shall express only those opinions founded upon adequate professional knowledge of the matters at issue.

(3) A Registered Geologist shall sign and seal only professional work, including, but not limited to, maps and report for which the geologist has direct professional knowledge, and for which the geologist intends to be responsible for its accuracy and adequacy.

(4) A Registered Geologist shall not take credit for work conducted by others. When using the results of other geologists' work in the performance of the practice of geology, a geologist shall give due credit to the other geologists by citation or acknowledgement. Work of other geologists which is proprietary, or was not intended to be made generally available, shall not be used without the permission of the other geologist. Nothing in this paragraph prohibits any person from sending the work of any geologist or the work of any person publicly practicing geology in Oregon to the Board.

(5) A Registered Geologist shall not knowingly make false statements or misrepresentations, or permit the publication or use of the geologist's name or work in association with any fraudulent activities.

(6) A Registered Geologist shall make full disclosure to all parties concerned of any conflict of interest in projects or properties on which the geologist performs work.

(7) If a Registered Geologist has knowledge or reasonable cause to believe another person or geologist is in violation of the registration law, ORS Chapter 672, or the related administrative rules, the geologist shall present such information to the Oregon Board of Geologist Examiners, in writing.

(8) If a Registered Geologist's professional judgment is overruled or not adhered to under circumstances where the geologist has reasonable cause to believe there is a clear and present threat to the public health or welfare or property, the geologist shall immediately notify the client/employer. If the client/employer does not take appropriate action within a reasonable amount of time under the circumstances, the geologist shall notify in writing the agency of local government having jurisdiction, or in the case of state/federal property the state/federal agency having land management responsibility, and the Board of the nature of the public threat.

Stat. Auth.: ORS 672
Stats. Implemented:
Hist.: GE 4-1984, f. & ef. 12-18-84; BGE 1-2002, f. & cert. ef. 2-6-02

809-020-0011

Responsibility to Employer

(1) A geologist shall avoid conflict of interest with a client/employer and shall disclose the circumstances to the client/employer if a conflict is unavoidable.

(2) A geologist shall not, during the time of the geologist's retention or employment by a client/employer, use information developed for, or the resources of, said client/employer for private gain or in any other manner that may conflict with the client/employer's interest without the knowledge and consent of the client/employer, except as specified in OAR 809-020-0006(8) Responsibility to Profession. In the case of a former client/employer, a geologist shall honor agreements with that former client/employer with regard to proprietary information, except as specified by OAR 809-020-0006(8).

(3) A geologist shall either engage or advise a client/employer to engage other experts or specialists if the client/employer's interests are best served by such service.

(4) A geologist shall give due notice of withdrawal of service from a client/employer. Due notice shall be either 30 days or a time mutually agreed to by the geologist and the client/employer, whichever is less. However, a geologist may withdraw from service without due notice if:

(a) The geologist fails to receive compensation, or has reasonable cause to believe that compenstion for services performed will not be received;

(b) The geologist knows, or has reasonable cause to believe, that continued employment will result in a violation of this Code, ORS Chapter 672, the related administrative rules, or will otherwise be illegal;

(c) The geologist knows, or has reasonable cause to believe, that the client/employer is involved in illegal or fraudulent practices, or practices dangerous to the public health, and welfare and property;

(d) The geologist knows, or has reasonable cause to believe, that continued employment will result in sickness or injury to the geologist or the geologist's dependents.

(5) A geologist shall not accept compensation concurrently from more than one client/employer on a project, unless the circumstances of payment are fully disclosed and agreed to by all financially interested parties.

Stat. Auth.: ORS 672
Stats. Implemented:
Hist.: GE 4-1984, f. & ef. 12-18-84

809-020-0025

Responsibility to the Board

(1) A geologist, when requested by the Board, shall respond to communications from the Board within 21 days after notification is mailed by registered or certified mail.

(2) A geologist, when requested by the Board, shall present information and assistance to the Board in pursuing violations of laws and rules relating to the practice of geology in the State of Oregon. A geologist shall not dismiss from his employment, or take any other sanction against another geologist because of the other geologist's compliance with this, or any other subsection, of the Code of Professional Conduct, ORS Chapter 672, or the related administrative rules.

Stat. Auth.: ORS 672
Stats. Implemented:
Hist.: GE 3(Temp), f. & ef. 12-14-77; GE 1-1978, f. & ef. 3-9-78; GE 4-1984, f. & ef. 12-18-84; BGE 1-2002, f. & cert. ef. 2-6-02; BGE 1-2007, f. & cert. ef. 3-14-07

809-020-0030

Misconduct

Any violation of the Code of Professional Conduct is misconduct under OAR 809-003-0000(12) 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(12) 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

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