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The Oregon Administrative Rules contain OARs filed through September 15, 2014
 
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BOARD OF EXAMINERS FOR ENGINEERING AND LAND SURVEYING

 

DIVISION 1

PROCEDURAL RULES

820-001-0000

Rule Changes

Before permanently adopting, amending, or repealing any rule, the Oregon Board of Examiners for Engineering and Land Surveying will give notice of the intended action:

(1) In the Secretary of State's Bulletin referred to in ORS 183.360 at least twenty-one (21) days prior to the effective date.

(2) By mailing or electronic mailing a copy of the notice to persons on the agency's mailing list established pursuant to ORS 183.335(8) at least twenty-eight (28) days before the effective date of the rule.

(3) By mailing or electronic mailing a copy of the notice to the legislators specified in ORS 183.335(15) at least forty-nine (49) days before the effective date of the rule; and

(4) By mailing, electronic mailing, or furnishing a copy of the notice to:

(a) Publications:

(A) The Associated Press; and

(B) Portland Business Today.

(b) State Societies:

(A) American Council of Engineering Companies of Oregon;

(B) Professional Engineers of Oregon;

(C) Professional Land Surveyors of Oregon;

(D) Structural Engineers Association of Oregon; and

(E) Oregon Association of County Engineers and Surveyors.

(c) Local branches and chapters of the national societies listed below:

(A) American Society of Heating, Refrigeration, and Air Conditioning Engineers;

(B) American Institute of Industrial Engineers;

(C) American Society of Civil Engineers;

(D) American Society of Mechanical Engineers;

(E) Institute of Electrical and Electronic Engineers;

(F) Illuminating Engineers Society;

(G) American Institute of Chemical Engineers; and

(H) International Society of Automation

(d) Colleges, universities and community colleges within the State with an engineering and/or land surveying degree program.

(e) Capitol Press Room.

(5) The agency may update the mailing list described in section (2) of this rule annually by requesting persons to confirm that they wish to remain on the mailing list. If a person does not respond to a request for confirmation within twenty-eight (28) days of the date that the agency sends the request, the agency will remove the person from the mailing list. Any person removed from the mailing list will be immediately returned to the mailing list upon request, provided that the person provides a mailing address or electronic mailing address to which notice may be sent.

Stat. Auth.: ORS 670.310 & 672.255
Stats. Implemented: ORS 672.002 - 672.325
Hist.: EE 18, f. & ef. 1-13-76; EE 1-1981, f. 5-19-81, ef. 6-1-81; EE 2-1985, f. 12-4-85, ef. 12-16-85; EE 1-1995, f. 8-15-95, cert. ef. 9-1-95; BEELS 1-1998, f. & cert. ef. 2-10-98; BEELS 2-2004, f. & cert. ef. 7-14-04; BEELS 1-2006(Temp), f. & cert. ef. 6-23-06 thru 12-12-06; BEELS 2-2006, f. & cert. ef. 11-21-06; BEELS 1-2010, f. & cert. ef. 5-12-10

820-001-0005

Contested Cases

Pursuant to ORS 183.341, the Board of Examiners for Engineering and Land Surveying adopts the current version of the Attorney General's Model Rules of Procedure under the Administrative Procedure Act.

Stat. Auth.: ORS 670.310 & ORS 672.255
Stats. Implemented: ORS 672.002 - ORS 672.325
Hist.: EE 12, f. 11-2-71, ef. 11-15-71; EE 13, f. 3-29-72, ef. 4-15-72; EE 15, f. 11-21-73, ef. 12-11-73; EE 19, f. 3-3-76, ef. 3-5-76; Renumbered from 820-010-0800; EE 1-1978, f. 4-19-78, ef. 5-1-78; EE 1-1980, f. & ef. 5-14-80; EE 3-1981, f. & ef. 12-14-81; EE 1-1984, f. & ef. 3-6-84; EE 1-1994, f. & cert . ef. 2-11-94; EE 1-1995, f. 8-15-95, cert. ef. 9-1-95; EE 1-1996, f. & cert. ef. 8-30-96; BEELS 1-1998, f. & cert. ef. 2-10-98

820-001-0010

Requiring an Answer to Charges as Part of Notices to Parties in Contested Cases

In addition to the notice requirements under the Attorney General's Model Rules of Procedure under OAR 820-001-0005, the Notice to Parties in Contested Cases may include the statement that an answer to the assertions or charges will be required, and if so, the consequence of failure to answer. A statement of the consequences of failure to answer may be satisfied by enclosing a copy of 820-001-0015 with the notice.

Stat. Auth.: ORS 670 & ORS 672
Stats. Implemented:
Hist.: EE 2-1983, f. 2-28-83, ef. 3-1-83

820-001-0015

Hearing Request and Answers: Consequences of Failure to Answer

(1) A hearing request, and answer when required, shall be made in writing to the Board by the party or the party’s attorney.

(2) An answer shall be made in writing to the Board with any request for a hearing on a matter related to the following categories of cases where the proposed violation(s) involves allegations of:

(a) Examination subversion or irregularities;

(b) Denials of enrollments, certificates or registrations due to lack of education or experience;

(c) Right of entry violations under ORS 672.047;

(d) Violations of rules and statutes relating to professional conduct;

(e) Negligence, gross negligence or incompetence;

(f) Stamping or signing work that was not performed under the Registrant’s supervision and control; or

(g) Unlicensed practice of engineering, land surveying or photogrammetry.

(3) The answer shall include the following:

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

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

(4) When an answer is required:

(a) Factual matters alleged in the notice and not denied in the answer shall be presumed admitted;

(b) Failure to raise a particular defense in the answer will be considered a waiver of such defense;

(c) New matters alleged in the answer (affirmative defenses) shall be presumed to be denied by the agency; and

(d) Evidence shall not be taken on any issue not raised in the notice and the answer.

(5) When an answer is required, the party or party’s attorney may amend the response and answer, but no later than 10 days before the scheduled contested case hearing.

Stat. Auth.: ORS 670.310 & 672.255
Stats. Implemented: ORS 672.002 - 672.325
Hist.: EE 2-1983, f. 2-28-83, ef. 3-1-83; BEELS 1-1998, f. & cert. ef. 2-10-98; BEELS 4-2012, f. & cert. ef. 9-14-12

820-001-0020

Fees for Public Records and Publications

(1) All requests for copies of public records pertaining to the Oregon State Board of Examiners for Engineering and Land Surveying, shall be submitted in writing, electronic mail, or by completion of the Public Records Request form provided by the Board. Requests are subject to disclosure according to the Public Records Law, ORS Chapter 192.

(2) The Board may charge a fee reasonably calculated for costs of providing and conveying copies of public records. Fees shall not exceed the cost of locating, compiling, making available for inspection, preparing copy in paper, audio, computer disk, and delivering public records. All estimated fees and charges must be paid before public records will be made available for inspection or copies provided.

(3) The Board shall notify a requestor of the estimated costs of making records available for inspection or providing copies of records to the requestor. If the estimated costs exceed $25, the Board shall provide written notice and shall not act further to respond to the request unless and until the requestor confirms that the requestor wants the Board to proceed with making the public records available.

(4) The Board shall charge 25¢ per page for the first 20 pages and 15¢ per page thereafter to cover the costs of photocopying or scanning and normal and reasonable staff time to locate, separate, photocopy, or scan and return document(s) to file and to prepare and transmit public record(s) to requestors. If, for operational or other reasons, the Board uses the services of an outside facility to photocopy or scan requested records, the Board shall charge the actual costs incurred.

(5) "Page" refers to the number of copies produced. Staff will not reduce the copy size or otherwise manipulate records in order to fit additional records on a page, unless staff concludes that it would be the most effective use of their time. Consistent with ORS 192.240, all copies will be double-sided. A double-sided copy will be charged as two single pages.

(6) Additional charges for staff time may be made when responding to record requests that staff determines to require more than the normal and reasonable time for responding to routine record requests. Staff time shall be charged at $30 per hour, with a $7.50 minimum.

(7) The Board shall charge $50 for a listing that contains registrants, certificate holders, and interns registered with the Board. Requests for formatting data will be charged as per subsection (6) of this rule.

(8) Actual costs for delivery of records such as first class postage and courier fees.

(9) The Board shall charge $20 for certified copies.

(10) The Board shall charge $10 for compact discs containing requests.

(11) The Board shall charge $5 for each audio record transmitted by email.

(12) The Board shall charge actual attorney fees for the cost of time spent by the attorney in reviewing the public records request for compliance with disclosure exemptions contained in ORS Chapter 192.

Stat. Auth.: ORS 670.310 & 672.255
Stats. Implemented: ORS 672.002 - 672.325
Hist.: BEELS 2-2004, f. & cert. ef. 7-14-04; BEELS 2-2006, f. & cert. ef. 11-21-06; BEELS 6-2013, f. & cert. ef. 9-11-13; BEELS 7-2013(Temp); f. & cert. ef. 11-12-13 thru 5-9-14; BEELS 10-2013(Temp), f. & cert. ef. 12-5-13 thru 3-14-14; BEELS 2-2014, f. & cert. ef. 2-26-14

820-001-0025

Purchasing and Contracting

For personal services consultant contracts with professional engineers, professional land surveyors, and registered professional photogrammetrists, the Board shall:

(1) Solicit Requests for Qualifications from no fewer than three consultants when feasible;

(2) Select consultants to provide engineering, land surveying or photogrammetric mapping services on the basis of the consultants’ qualifications for the type of professional service required;

(3) Solicit or use pricing policies and proposals or other pricing information, including the number of hours proposed for the service required, expenses, hourly rates and overhead, to determine consultant compensation only after the Board has selected a candidate pursuant to section (2) of this rule.

Stat. Auth.: ORS 670.310 & 672.255
Stats. Implemented: ORS 672.002 - 672.325
Hist.: BEELS 1-2013, f. & cert. ef. 3-13-13; BEELS 10-2013(Temp), f. & cert. ef. 12-5-13 thru 3-14-14; BEELS 2-2014, f. & cert. ef. 2-26-14

820-001-0030

Source Selection

(1) The Agency may award a procurement of goods or services, including personal services of persons who are not registrants of the Board, that does not exceed $10,000 in any manner the deems practical or convenient, including by direct selection or award.

(2) The Agency may award a procurement of goods or services, including personal services of persons who are not registrants of the Board, that exceeds $10,000 but does not exceed $150,000 after seeking at least three informally solicited competitive price quotes or competitive proposals from prospective contractors, if three quotes or proposals are reasonably available. The Agency shall keep a written record of the quotes or proposals received, and of the Agency’s effort to obtain quotes or proposals when three quotes or proposals are not reasonably available.

(3) The Agency shall solicit and may award a contract by requesting and evaluating competitive proposals for procurement of:

(a) Goods or services, including personal services of persons who are not registrants of the Agency, that exceed $150,000; and

(b) Information technology, regardless of the amount of the award for:

(A) Personal services contracts; or

(B) Goods requiring professional services to install or use;

(c) Accounting, financial audit, or financial review services, regardless of the amount of the award,

(4) Any request for proposals issued under subsection (3) of this rule shall:

(a) Specify a time and date by which proposals must be received, the Agency contact person for the proposals, and a place at which the proposals must be submitted, which may include a Agency electronic mail address;

(b) Describe the procurement, including a statement of work for the procurement and any prerequisites the contractor must meet;

(c) Include all contractual terms;

(d) State that the Agency may cancel the procurement or reject and all proposals; and

(e) Announce the method the Agency will use to select the contractor and describe the manner in which the Agency will evaluate the proposals, which may include an award based solely on the ranking of proposals, discussions leading to best and final offers, serial negotiations, and competitive simultaneous negotiations.

(5) The Board shall give public notice of any request for proposal issued under subsection (3) of this rule. A public notice must be published electronically on the Board’s website, and may be published in additional venues at the discretion of the Board or Administrator.

(6) The Agency shall keep a written record of the proposals received under subsection (3) of this rule.

(7) Notwithstanding subsections (1) to (3) of this rule, any procurement over $10,000 must be approved by the Board prior to selection of the contractor and execution of the contract.

Stat. Auth.: ORS 670.310 & 672.255
Stats. Implemented: ORS 672.002 - 672.325
Hist.: BEELS 3-2014, f. & cert. ef. 7-16-14

820-001-0035

Notice of Intent to Award

At least 10 business days before the award of a contract under OAR 820-001-0030(3), the Board shall provide to each proposer notice of the Board’s intent to award a contract.

Stat. Auth.: ORS 670.310 & 672.255
Stats. Implemented: ORS 672.002 - 672.325
Hist.: BEELS 3-2014, f. & cert. ef. 7-16-14

820-001-0040

Protests of Contract Award

(1) A proposer may protest the notice of intent to award a contract if:

(a) The proposer is adversely affected because the proposer would be eligible to be awarded the contract in the event that the protest were successful; and

(b) The grounds for the protest are:

(A) All lower bids or higher ranked proposals are nonresponsive; or,

(B) The Board has failed to conduct the evaluation of proposals in accordance with the criteria or processes described in the request for proposals.

(2) The proposer shall submit the protest to the Board in writing, before the contract is awarded, and shall specify the grounds for the protest to be considered by the Board.

(3) The Board shall consider and respond in writing to a protest before awarding a contract.

Stat. Auth.: ORS 670.310 & 672.255
Stats. Implemented: ORS 672.002 - 672.325
Hist.: BEELS 3-2014, f. & cert. ef. 7-16-14

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