justicedao/ipfs_state_laws huggingface dataset:
820-010-3031 Application for Temporary License as a Registered Professional Photogrammetrist for Military Spouse or Domestic Partner (1) “Military spouse or domestic partner” means a spouse or domestic partner of an active member of the Armed Forces of the United States who is the subject of a military transfer to Oregon. (2) A qualifying military spouse or domestic partner shall be granted a temporary, nonrenewable registration as a registered professional photogrammetrist, valid until the earliest of the following: (a) Two years from issuance; (b) The date the spouse of the temporary license holder completes their term of military service in Oregon; or (c) The date the temporary license holder’s registration as a registered professional photogrammetrist in the other state expires. (3) To qualify for registration as a registered professional photogrammetrist under this rule, the military spouse or domestic partner must: (a) Be married to, or in a domestic partnership with, a member of the Armed Forces of the United States who is assigned to a duty station located in Oregon by official active duty military order; (b) Currently hold registration as a registered professional photogrammetrist in one or more of the states of the United States of America. (c) Be in good standing in the state where the registration as a registered professional photogrammetrist is held. Good standing, for purposes of this rule, means: the registered professional photogrammetrist’s registration must not be subject to any restrictions, limitations, or pending, current, or prior discipline; and, the registered professional photogrammetrist’s registration is current with respect to all required, continuing professional development; and (d) Demonstrate competency by: (A) Providing official verification that the applicant has never had registration as a registered professional photogrammetrist revoked in any NCEES jurisdiction; (B) Providing official verification that the applicant is not currently under professional discipline for incompetence, negligence, or gross negligence in any state where the applicant holds registration as a registered professional photogrammetrist. Statutory/Other Authority: ORS 670.310, ORS 672.255 & HB 3030 / SB 688 Statutes/Other Implemented: ORS 672.002 - 672.325 History: BEELS 3-2021, adopt filed 04/28/2021, effective 04/28/2021
820-010-4031 Application for Temporary License as a Professional Structural Engineer for Military Spouse or Domestic Partner (1) “Military spouse or domestic partner” means a spouse or domestic partner of an active member of the Armed Forces of the United States who is the subject of a military transfer to Oregon. (2) A qualifying military spouse or domestic partner shall be granted a temporary, nonrenewable registration as a professional structural engineer, valid until the earliest of the following: (a) Two years from issuance; (b) The date the spouse of the temporary license holder completes their term of military service in Oregon; or (c) The date the temporary license holder’s registration as a professional structural engineer in the other state expires. (3) To qualify for registration as a professional structural engineer under this rule, the military spouse or domestic partner must: (a) Be married to, or in a domestic partnership with, a member of the Armed Forces of the United States who is assigned to a duty station located in Oregon by official active duty military order; (b) Currently hold registration as a professional structural engineer in a state of the United States of America. Registration as a professional structural engineer is not registration as a professional engineer in the structural branch of engineering. (c) Be in good standing in the state where the registration as a professional structural engineer is held. Good standing, for purposes of this rule, means: the professional structural engineer’s registration in the state used to meet subsection (3)(b) of this rule must not be subject to any restrictions, limitations, or pending, current, or prior discipline; and, the professional structural engineer’s registration is current with respect to all required, continuing professional development; and (d) Demonstrate competency by: (A) Providing official verification that the applicant has never had registration as a professional engineer or professional structural engineer revoked in any NCEES jurisdiction; (B) Providing official verification that the applicant is not currently under professional discipline for incompetence, negligence, or gross negligence in any state where the applicant holds registration as a professional structural engineer; and (C) Evidence of passing the NCEES PE Structural Examination - Building Sections or the structural examinations listed in OAR 820-010-4000(2)(a) through (d). Statutory/Other Authority: ORS 670.310, ORS 672.255 & HB 3030 / SB 688 Statutes/Other Implemented: ORS 672.002 - 672.325 History: BEELS 3-2023, amend filed 11/27/2023, effective 11/27/2023 BEELS 3-2021, adopt filed 04/28/2021, effective 04/28/2021
820-010-5010 Qualification for Certification as a Water Right Examiner (1) To qualify for certification as a Water Right Examiner, an Applicant must successfully pass the Certified Water Right Examiner examination offered by the Oregon Water Resources Department and administered by the Board; and (2) Pay the wall certificate and initial certification fee. Statutory/Other Authority: ORS 537.797, 670.310 & 672.255 Statutes/Other Implemented: ORS 672.002 - 672.325 History: BEELS 8-2015, f. & cert. ef. 11-13-15 BEELS 5-2015(Temp), f. & cert. ef. 8-19-15 thru 2-12-16
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. Statutory/Other Authority: ORS 670.310 & 672.255 Statutes/Other Implemented: ORS 672.002 - 672.325 History: BEELS 2-2006, f. & cert. ef. 11-21-06 EE 3-1984, f. & ef. 6-18-84
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. Statutory/Other Authority: ORS 670.310 & 672.255 Statutes/Other Implemented: ORS 672.002 - 672.325 History: BEELS 2-2008, f. & cert. ef. 7-9-08 BEELS 2-2006, f. & cert. ef. 11-21-06 EE 3-1984, f. & ef. 6-18-84
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. Statutory/Other Authority: ORS 670.310 & 672.255 Statutes/Other Implemented: ORS 672.002 - 672.325 History: BEELS 3-2016, f. & cert. ef. 2-16-16 BEELS 1-2015, f. & cert. ef. 2-3-15 BEELS 1-2013, f. & cert. ef. 3-13-13 BEELS 2-2006, f. & cert. ef. 11-21-06 BEELS 1-2004, f. & cert. ef. 1-26-04 BEELS 2-2000, f. & cert. ef. 2-17-00
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. Statutory/Other Authority: ORS 670.310 & 672.255 Statutes/Other Implemented: ORS 672.002 - 672.325 History: 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. Statutory/Other Authority: ORS 670.310 & 672.255 Statutes/Other Implemented: ORS 672.002 - 672.325 History: BEELS 8-2015, f. & cert. ef. 11-13-15
820-020-0005 Preamble (1) In order to safeguard life, health and property, to promote the public welfare, and to establish and maintain a high standard of integrity and practice, the following Rules of Professional Conduct shall be binding on: (a) Any individual holding a certificate of registration, or a temporary authorization, or enrolled as an intern. (b) Any individual submitting an application to the Board for a certificate of registration or for enrollment as an intern. (2) All persons registered or applying for registration or enrollment under ORS 672.002 to 672.325 are charged with having knowledge of these Rules of Professional Conduct, and are deemed to be familiar with their provisions and to understand them. Such knowledge encompasses the understanding that the practice of engineering, land surveying, and photogrammetric mapping is a privilege and not a right. (3) In these Rules of Professional Conduct, the word "registrant" means any person holding a license or certificate issued by this Board. Statutory/Other Authority: ORS 672.255 & ORS 670.310 Statutes/Other Implemented: ORS 672.002 - 672.325 History: BEELS 2-2020, amend filed 05/19/2020, effective 05/19/2020 BEELS 7-2015, f. & cert. ef. 9-16-15 BEELS 2-2006, f. & cert. ef. 11-21-06 BEELS 3-2002, f. & cert. ef. 11-13-02 EE 2-1981, f. 5-19-81, ef. 6-1-81 EE 20, f. & ef. 12-15-77 EE 14, f. 4-26-72, ef. 5-15-72
820-020-0015 Registrants or Applicants for Registration or Certification Shall Hold Paramount the Safety, Health and Welfare of the Public in the Performance of their Professional Duties (1) Registrants shall at all times recognize that their primary obligation is to protect the safety, health, property and welfare of the public. If their professional judgment is overruled under circumstances where the safety, health, property or welfare of the public are endangered, they shall notify their employer or client and such other authority as may be appropriate. (2) Registrants shall approve and seal only those design documents and surveys which are safe for public health, property and welfare in conformity with accepted engineering and land surveying standards. (3) Registrants shall not reveal facts, data or information obtained in a professional capacity without the prior consent of the client, or employer except as authorized or required by law. (4) Registrants shall not permit the use of their name or firm name nor associate in business ventures with any person or firm which they have reason to believe is engaging in fraudulent or dishonest business or professional practices. (5) Registrants or applicants for registration or certification having knowledge of any alleged violation of any of these Rules of Professional Conduct, shall cooperate with the Board in furnishing such information or assistance as may be required. (6) Conviction of a felony without restoration of civil rights, or discipline of the license of a registrant in another jurisdiction, if for a cause which in the State of Oregon would constitute a violation of ORS 672.020 to 672.310 or of these rules, shall be grounds for a charge of violation of these rules. (7) Registrants shall continue their professional development throughout their careers; and they shall provide opportunities for the professional development of individuals under their supervision. The Board may require, as a condition for license renewal, that registrants provide documentation to support actions taken to maintain their professional competency. (8) Registrants or applicants for registration or certification shall cooperate with the Board on all matter subject to the Board's jurisdiction. (9) Registrants must apply a seal of the type, kind, size and wording, and affix their signature as required by OAR 820-025-0005. (10) Registrants must affix a seal and sign any final document prepared under their supervision and control. Any document not clearly marked as a preliminary document under OAR 820-025-0015(2) is a final document that must bear the seal and signature of the registrant under whose supervision and control the document was prepared. Statutory/Other Authority: ORS 670.310 & 672.255 Statutes/Other Implemented: ORS 672.002 - 672.325 History: BEELS 2-2020, amend filed 05/19/2020, effective 05/19/2020 BEELS 7-2017, minor correction filed 12/11/2017, effective 12/11/2017 BEELS 3-2016, f. & cert. ef. 2-16-16 BEELS 2-2007, f. & cert. ef. 4-5-07 BEELS 3-2001, f. & cert. ef. 11-26-01 EE 1-1995, f. 8-15-95, cert. ef. 9-1-95 EE 2-1981, f. 5-19-81, ef. 6-1-81
820-020-0020 Registrants Shall Perform Services Only in the Areas of Their Competence (1) Registrants shall undertake assignments only when qualified by education or experience in the specific technical fields of engineering or land surveying involved. (2) Registrants shall not affix their signatures or seals to any plans or documents dealing with subject matter in which they lack competence, nor to any such plan or document not prepared under their direction and control. Statutory/Other Authority: ORS 670.310 & 672.255 Statutes/Other Implemented: ORS 672.255 History: EE 2-1995, f. 12-15-95, cert. ef. 1-1-96 EE 1-1995, f. 8-15-95, cert. ef. 9-1-95 EE 2-1981, f. 5-19-81, ef. 6-1-81
820-020-0025 Obligation of Registrants and Applicants to Issue Statements only in an Objective and Truthful Manner (1) Registrants and applicants must be objective and truthful and include all relevant and pertinent information in all professional reports, statements or testimony, applications for registration and enrollment as an intern, and references on applications for registration and enrollment. (2) Registrants may express a professional opinion on technical subjects only when that opinion is founded upon adequate knowledge of the facts and the registrant is competent in the subject matter. Statutory/Other Authority: ORS 670.310 & 672.255 Statutes/Other Implemented: ORS 672.002 - 672.325 History: BEELS 3-2016, f. & cert. ef. 2-16-16 BEELS 2-2006, f. & cert. ef. 11-21-06 EE 2-1981, f. 5-19-81, ef. 6-1-81
820-020-0035 Obligation of Applicants or Registrants to Avoid Improper Solicitation of Professional Employment (1) An applicant or registrant may not misrepresent or permit misrepresentation of the academic or professional qualifications of the applicant or registrant, another registrant, or a registrant's associate. For purposes of this rule, a "registrant's associate" refers to a registrant's employer or an owner or officer of a business or firm that employs the registrant or in which the registrant holds an ownership interest and through which the registrant offers or provides professional services. (2) An applicant or registrant may not misrepresent or exaggerate the responsibility for performance of prior assignments by the applicant or registrant, by any other registrant, or by a registrant's associate. (3) An applicant who is registered in another jurisdiction or a registrant may not offer, give, solicit or receive, either directly or indirectly, any commission or gift or other valuable consideration in order to secure work. (4) An applicant who is registered in another jurisdiction or a registrant may not make any political contribution intended to influence the award of a contract by a governmental body. Statutory/Other Authority: ORS 670.310 & 672.255 Statutes/Other Implemented: ORS 672.002 - 672.325 History: BEELS 1-2017, f. & cert. ef. 5-12-17 BEELS 3-2016, f. & cert. ef. 2-16-16 BEELS 2-2006, f. & cert. ef. 11-21-06 EE 2-1981, f. 5-19-81, ef. 6-1-81
820-020-0045 Obligation Not to Engage in Unprofessional Behavior (1) An applicant or registrant will not, by word or conduct, act in a manner intended to place a client, another registrant, a board member, a board employee, an examination proctor, or any other person with whom the registrant interacts in a professional capacity, in fear of imminent serious physical injury. (2) An applicant or registrant will not engage in reckless, knowing or willful conduct that causes serious physical injury to a client, another registrant, a board member, a board employee, an examination proctor, or any other person with whom the registrant interacts in a professional capacity. (3) An applicant or registrant must make timely and full payment to the Board of all Board assessed fees, fines and penalties. (4) An applicant or registrant must give written notification to the Board of any disciplinary action or sanction related to the practice of engineering, land surveying, or photogrammetric mapping imposed by any licensing agency within 45-days of the final order being issued. (5) An applicant or registrant will not assist or aid the unsupervised or unlawful practice of engineering, land surveying, or photogrammetric mapping. Statutory/Other Authority: ORS 670.310 & 672.255 Statutes/Other Implemented: ORS 672.002 - 672.325 History: BEELS 1-2021, amend filed 01/12/2021, effective 01/12/2021 BEELS 4-2019, amend filed 05/09/2019, effective 05/09/2019 BEELS 2-2006, f. & cert. ef. 11-21-06 BEELS 1-2005, f. & cert. ef. 3-16-05
820-020-0050 Address Changes; Service of Notice; and Name Changes (1) It is the registrant's responsibility to inform the Board in writing, within 30-days, of any address change. (2) As of November 13, 2015, notice by registered or certified mail to the registrant's last address on file with the Board shall constitute legal service. (3) It is the registrant’s responsibility to inform the Board in writing, within 60-days, of any name change. A certified copy of documentation showing current legal name must be submitted. (4) The Board shall provide an acknowledgement of any address or name change. Statutory/Other Authority: ORS 670.310 & 672.255 Statutes/Other Implemented: ORS 672.002 - 372.325 History: BEELS 12-2018, amend filed 11/15/2018, effective 11/15/2018 BEELS 10-2018, temporary amend filed 09/20/2018, effective 09/20/2018 through 03/18/2019 BEELS 8-2015, f. & cert. ef. 11-13-15 BEELS 5-2015(Temp), f. & cert. ef. 8-19-15 thru 2-12-16
820-020-0055 Unprofessional Conduct Incompetence, negligence or gross negligence in the practice engineering, land surveying, or photogrammetric mapping is unprofessional conduct. Statutory/Other Authority: ORS 670.310, ORS 672.255 & ORS 672.325 Statutes/Other Implemented: ORS 672.002 - 672.325 History: BEELS 5-2019, adopt filed 05/15/2019, effective 05/15/2019 BEELS 3-2019, temporary adopt filed 03/15/2019, effective 03/15/2019 through 09/10/2019
820-025-0001 Definitions (1) "Digital signature" means a type of electronic signature that transforms a message through the use of an algorithm or series of algorithms that provide a key pair, private and public, for signor verification, document security and authentication. (2) “Certificate Authority” is the trusted third party that issues and manages digital certificates (private and public keys) for digital signatures. (3) “Digital certificate” is required to affix a digital signature, for the recipient to verify the identity of the signor, and for the recipient to verify that the contents of the document have not been altered since the signature was affixed. Statutory/Other Authority: ORS 670.310 & 672.255 Statutes/Other Implemented: ORS 672.002 - 672.325 History: BEELS 7-2015, f. & cert. ef. 9-16-15
820-025-0010 Official Seal – Digital Seal and Signature for Electronic Final Documents (1) A “Digital Seal and Signature” is a signature and electronic authentication process that is attached to an electronic document. (2) A “Digital Seal and Signature” is not a photocopy, scanned copy, or other facsimile of a signed and sealed hard copy document, nor is it a copy or facsimile of a rubber stamp seal and ink signature, nor is it a copy of a computer-generated image of a seal and ink signature. Seals and signatures described in this subsection (2) of the rule are not allowed on final documents. (3) For electronic final documents, a “Digital Seal and Signature” (“digital signature”) is acceptable as an alternative to a stamped or computer-generated image of a seal with handwritten signature in permanent ink, if: (a) The digital signature is unique to the registrant using it; (b) The digital signature is independently verifiable by a Certificate Authority (3rd Party); (c) The digital signature is under the sole control of the registrant using it; (d) The digital signature is linked to the document in such a manner that the digital signature is invalidated if any data in the document is changed; (e) The electronic file that is the final electronic document contains one digital signature that is permanently linked to it; and, (f) The computer-generated image of a seal must be of a stamp as described in OAR 820-025-005(1) and (2), and must be at least 2 inches from point to point when the page is printed; (g) For final electronic files containing a single page, the registrant affixes a computer–generated image of a stamp that bears the phrase “digitally signed” in lieu of and in the location designated for a hand-written signature on that page. The computer-generated image of the stamp must be of a stamp as described in OAR 820-025-0005(1) and (2), and must be at least 2 inches from point to point when the page is printed; and, (h) For final electronic files containing multiple pages, the registrant affixes a computer-generated image of a stamp that bears the phrase “digitally signed” in lieu of and in the location designated for a hand-written signature to the title page, an index page, or a seals page. The computer-generated image of the stamp must be of a stamp as described in OAR 820-025-0005(1) and (2), including the size prescribed in OAR 820-025-0005 when the page is printed to full size. Statutory/Other Authority: ORS 670.310 & 672.255 Statutes/Other Implemented: ORS 672.002 - 672.325 History: BEELS 3-2024, amend filed 09/11/2024, effective 09/11/2024 BEELS 2-2019, amend filed 01/14/2019, effective 01/14/2019 BEELS 7-2015, f. & cert. ef. 9-16-15