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The Oregon Administrative Rules contain OARs filed through October 15, 2016
 
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BOARD OF GEOLOGIST EXAMINERS

 

DIVISION 55

COMPLIANCE

809-055-0000

Complaint Process

(1) "Complaint" is any issue related to compliance with the statutes and rules the Board administers or enforces in ORS 672.505 to 675.705 and OAR Chapter 809, including but not limited to: the public practice of geology or offer to publicly practice geology by an unregistered person and the alleged or apparent non-compliant conduct or practice of a registrant that comes to the attention of the Board by any means, including through the filing of a written complaint as provided in ORS 672.665. A complaint may be initiated by the Board or its designee.

(2) “Complainant” refers to the person or group of persons filing a written complaint with the Board or the Board itself in a Board-initiated complaint.

(3) “Investigation” is the process of Board review, inquiry, research, analysis, and determination of a complaint.

(4) "Respondent" refers to a person who is the subject of a Board investigation.

(5) Complaint Investigation Process:

(a) The primary objectives of the Board in the investigation of a complaint are to safeguard the health, safety, welfare, and property of the people of Oregon and regulate the public practice of geology. The primary purpose of investigation is to determine whether one or more violations of statutes and rules administered by the Board occurred and to take action where appropriate.

(b) For complaints that are not Board initiated, the following apply:

(A) The complaint 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;

(B) Receipt of all complaints filed with the Board will be acknowledged by the Board staff;

(C) The complainant will not be considered a party to the case; and

(D) The complaint will be initially reviewed by the Board Administrator to assess Board jurisdiction and authority to address the issue(s) raised.

(i) If the complaint appears to the Board Administrator to be within the Board’s jurisdiction and authority, an investigation may be opened by the Board Administrator.

(ii) If the Board Administrator is unsure whether the complaint is within the Board’s jurisdiction and authority, the complaint will be taken to the Board for a determination of whether to open an investigation.

(c) For all investigations, the Board Administrator oversees the investigation process on behalf of the Board and serves as the primary point of contact.

(d) The Board may delegate its investigative powers and authority for purposes of initiating and carrying out investigations.

(e) The Board Administrator or Administrator’s designee will carry out the recommendations or decisions of the Board, including but not limited to: preparing and signing documents such as requests for additional information, letters of concern, settlement proposals, notices of intent, and orders, securing technical reviewers and investigators to assist with investigations, and closing out cases.

(f) To the extent permitted by law, the Board will cooperate with other licensing boards and other agencies when conducting an investigation.

(6) Response to the Board:

(a) The respondent will generally be given an opportunity to provide a written response to the complaint as part of a Board investigation.

(b) Written response, records, or other information requested on behalf of the Board must be provided to the Board office within 21 calendar days after the Board request is mailed, unless an extension is authorized by the Board Administrator.

(A) For a registrant, mailed means sent via United States post with proper postage and addressed to the registrant’s address of record on file with the Board.

(B) For a non-registrant, mailed means sent via United States post with proper postage and sent to the last known address in the Board’s case file.

(c) A registrant of the Board must fully cooperate with a Board investigation, including but not limited to providing a timely response to any Board request under (6)(a) and (b). A registrant’s failure to cooperate constitutes misconduct under OAR 809-020-0030.

Stat. Auth.: ORS 670.310(1), 670.315, 672.665, 672.675
Stats. Implemented: 672.665, 672.675
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; BGE 1-2016, f. & cert. ef. 9-20-16

809-055-0010

Contested Case Proceedings

The State Board of Geologist Examiners adopts the Attorney General's Model Rules for Contested Case Proceedings, OAR 137-003-0501 to 137-003-0700, as the rules of procedure for contested cases.

Stat. Auth.: ORS 183.341 & ORS 670.310(1)
Stats. Implemented: ORS 183.310 - ORS 183.550 & 670.325
Hist.: BGE 1-2002, f. & cert. ef. 2-6-02

809-055-0020

Contested Case Procedure

(1) A hearing request shall be made in writing to the Board by the party or his/her representative within 30 days of the mailing date of the Notice of Proposed Action.

(2) Each request for hearing must include an answer containing:

(a) An admission or denial of each factual matter alleged in the notice; and

(b) A short and plain statement of each relevant affirmative defense the party may have.

Stat. Auth.: ORS 183.341 & ORS 670.310(1)
Stats. Implemented: ORS 183.310 - 183.550 & ORS 670.325
Hist.: BGE 1-2002, f. & cert. ef. 2-6-02

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