Oregon State Archives
The Oregon Administrative Rules contain OARs filed through April 15, 2013 
CLICK HERE TO ACCESS RULES COORDINATOR CONTACT INFORMATION
BOARD OF EXAMINERS FOR ENGINEERING AND LAND SURVEYING
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
Public Records Requests
(1) Scope and Applicability. This rule governs requests for inspection of Board documents under the Public Records Law, ORS Chapter 192.
(2) All requests must be submitted in writing for copies of public records pertaining to the Board.
(3) The Board charges fees as follows for reimbursement of the actual cost in making public records available upon request:
(a) Postage/freight -- First Class or rate(s) based on weight for public records mailed or sent by carrier.
(b) Audio Cassette -- 90 minute -- $10.00 each.
(c) List of licensees -- $50.
(d) Photocopies -- $0.25 per page.
(e) Compact disc -- 80 minute -- $10.00 each.
(f) A waiver or reduction of fees requested under ORS 192.440 must be submitted in writing, show how a waiver or reduction is in the public interest and that availability will benefit the general public.
(g) No fees are charged:
(A) To Board members when conducting official Board business;
(B) For first five pages of any Board documents;
(C) To public libraries, public educational institutions, or federal, state, county or city agencies participating in a cooperative program with the Board; or
(D) To examine records readily available which do not require supervision during the inspection.
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
820-001-0025
Purchasing and Contracting
Effective May 8, 2012, the Board adopted the Department of Justice Public Contracts Manual that includes reference to ORS 279A, B, and C, and OAR chapter 137, divisions 46 and 47 as its purchasing and contracting policies.
Stat. Auth.: ORS
670.310 & 672.255
Stats. Implemented:
ORS 672.002 - 672.325
Hist.: BEELS
1-2013, f. & cert. ef. 3-13-13
The official copy of an Oregon Administrative Rule is contained in the Administrative Order filed at the Archives Division, 800 Summer St. NE, Salem, Oregon 97310. Any discrepancies with the published version are satisfied in favor of the Administrative Order. The Oregon Administrative Rules and the Oregon Bulletin are copyrighted by the Oregon Secretary of State. Terms and Conditions of Use