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

 

DIVISION 15

PROCEDURE FOR FILING COMPLAINTS

820-015-0005

Definitions

(1) "Complainant" means a person who submits a complaint to the board.

(2) "Respondent" means a person or firm that is the subject of a complaint.

Stat. Auth.: ORS 670.310 & 672.255
Stats. Implemented: ORS 672.002 - 672.325
Hist.: EE 3-1984, f. & ef. 6-18-84 ; BEELS 2-2006, f. & cert. ef. 11-21-06

820-015-0010

Processing Complaints

The Board will process complaints as follows:

(1) Anyone may submit a complaint against a licensed or unlicensed person. Complaints must be in writing and include evidence to document all charges.

(2) The Board will conduct a preliminary review of the complaint to establish that there is sufficient evidence to justify proceeding and that the allegations against the respondent are such that, if proven, would result in a penalty or sanction.

(3) If the Board concludes that the complaint may be valid, the Board will contact the respondent by mail and request written comments. Written comments must be received by the Board within two weeks after the Board's request was mailed, unless the Board authorizes an extension. Otherwise, the Board will evaluate the complaint using available evidence other than respondent's comments.

(4) The Board will evaluate all evidence and analysis, including any documentation or comments received from the respondent, Board investigators, Board expert witnesses or peer reviewers, Board staff or a committee of the Board. The Board will then proceed as follows:

(a) If the Board determines that the evidence is insufficient to issue a notice of intent to sanction, the complainant and respondent will be so notified in writing;

(b) If the Board determines that the evidence is sufficient to issue a notice of intent to sanction, the Board will issue such notice.

(5) Upon request of the Board, digitally signed documents must be provided to the Board in a form that can be processed by the Board’s information processing systems.

Stat. Auth.: ORS 670.310 & 672.255
Stats. Implemented: ORS 672.002 - 672.325
Hist.: EE 3-1984, f. & ef. 6-18-84 ; BEELS 2-2006, f. & cert. ef. 11-21-06; BEELS 2-2008, f. & cert. ef. 7-9-08

820-015-0026

Failure to Comply with Continuing Professional Development Requirements

(1) Any registrant who fails to satisfy the Continuing Professional Development requirements in OAR 820-010-0635 will be subject to suspension of the registrant's license. Failure to satisfy the Continuing Professional Development requirements will not be the sole basis for license revocation.

(2) Before suspending a registrant's license, the Board may allow a grace period of up to one year for a registrant to satisfy the requirements of OAR 820-010-0635(1). When a grace period is allowed, the registrant must complete all deficient Continuing Professional Development requirements and satisfy all current Continuing Professional Development requirements within the grace period. If the registrant fails to obtain all required deficient and current PDH units within the grace period, the Board will suspend the registrant's license.

(3) The Board shall grant a grace period to a registrant who responds to any Board notification, completes a Continuing Education Request for a Grace Period Form, is not otherwise subject to Board investigation, audit, or discipline, and has failed to satisfy the Continuing Professional Development requirements by 15 or fewer PDH units.

Stat. Auth.: ORS 670.310 & 672.255
Stats. Implemented: ORS 672.002 - 672.325
Hist.: BEELS 2-2000, f. & cert. ef. 2-17-00; BEELS 1-2004, f. & cert. ef. 1-26-04; BEELS 2-2006, f. & cert. ef. 11-21-06; 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

Oregon Secretary of State • 136 State Capitol • Salem, OR 97310-0722
Phone: (503) 986-1523 • Fax: (503) 986-1616 • oregon.sos@state.or.us

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