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The Oregon Administrative Rules contain OARs filed through March 15, 2016
 
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BOARD OF EXAMINERS FOR ENGINEERING AND LAND SURVEYING

 

DIVISION 15

REGULATION

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

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

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; BEELS 1-2015, f. & cert. ef. 2-3-15; BEELS 3-2016, f. & cert. ef. 2-16-16

820-015-0060

Civil Penalty Factors

(1) In establishing the amount of a civil penalty to be assessed pursuant ORS 672.325, the Board may consider the following factors:

(a) The nature, gravity and magnitude of the violation;

(b) Prior violations, including administrative, civil or criminal proceedings in any state;

(c) Whether the violation was repeated or continuous;

(d) Whether the violation was an inadvertent act or an intentional act;

(e) The history of the respondent in taking steps necessary or appropriate to correct any violation;

(f) The opportunity for and the difficulty in correcting the violation at issue;

(g) Whether measures have been put in place to prevent reoccurrence.

(2) In considering the factors set forth in section (1) of this rule, the applicable factors may be given varying weight depending upon the circumstances of the violation.

Stat. Auth.: ORS 670.310 & 672.255
Stats. Implemented: ORS 672.002 - 672.325
Hist.: BEELS 8-2015, f. & cert. ef. 11-13-15

820-015-0070

Civil Penalties for Violations of ORS 92.040 to 92.080, 209.250, and County Ordinances

Pursuant to ORS 209.250(11), the Board may impose civil penalties against a registrant for any violation of ORS 92.040 to 92.080, 209.250(1) to (9), or of any county ordinance that establishes standards or plats, in an amount not to exceed $1,000 per offense.

Stat. Auth.: ORS 670.310 & 672.255
Stats. Implemented: ORS 672.002 - 672.325
Hist.: BEELS 8-2015, f. & cert. ef. 11-13-15

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