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

 

DIVISION 55

COMPLIANCE

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

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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