justicedao/ipfs_state_laws huggingface dataset:
820-025-0015 Final Documents (1) All final documents identified in ORS 672.020(2), 672.025(2), and 672.028(2) must bear the seal and signature of the registrant under whose supervision and control they were prepared. (2) Documents that are not final documents must be marked as "preliminary", "not for construction", "review copy", "draft copy, subject to change", or with some similar wording to indicate that the documents are not intended to represent the final work product of the registrant. Documents submitted to a client, customer, public entity, or any other person, are final documents and must bear the seal and signature of the registrant under whose supervision and control they were prepared, unless such document is clearly marked as not a final document. Statutory/Other Authority: ORS 670.310, 672.020, 672.025, 672.028 & 672.255 Statutes/Other Implemented: ORS 672.002 - 672.325 History: BEELS 2-2021, temporary amend filed 01/12/2021, effective 01/12/2021 through 07/10/2021 BEELS 5-2016, f. & cert. ef. 5-12-16 BEELS 2-2016(Temp), f. & cert. ef. 1-15-16 thru 6-30-16 Renumbered from 820-010-0621 by BEELS 7-2015, f. & cert. ef. 9-16-15 BEELS 2-2015, f. & cert. ef. 5-21-15 BEELS 2-2014, f. & cert. ef. 2-26-14 BEELS 10-2013(Temp), f. & cert. ef. 12-5-13 thru 3-14-14 BEELS 7-2013(Temp), f. & cert. ef. 11-12-13 thru 5-9-14 BEELS 6-2013, f. & cert. ef. 9-11-13 BEELS 2-2012, f. & cert. ef. 5-10-12 BEELS 2-2007, f. & cert. ef. 4-5-07 BEELS 3-2006(Temp), f. & cert. ef. 12-5-06 thru 6-3-07
820-025-0020 Modifying Designs or Documents (1) Documents prepared and sealed by a Professional Engineer may be modified only when all of the following requirements are met: (a) Only a Professional Engineer or Registered Architect if within the scope of practice of architecture and if competent by education or experience, can modify designs or documents prepared and sealed by a Professional Engineer. (b) A Professional Engineer shall only modify another Professional Engineer’s design or document if they are competent by education or experience. (c) The Professional Engineer modifying another Professional Engineer's design or document shall cloud, encircle, or in some other way clearly indicate the portion of the design or document they are revising and refer the viewer to a separate design or document. (d) The Professional Engineer making the design revisions shall seal and sign the separate design or document. (e) A Professional Engineer modifying designs or documents not sealed must provide all the engineering services that would have been required had they started the work from its origin. (2) Professional Engineers modifying designs or documents prepared by an unlicensed person for an exempt structure must do the following: (a) The Professional Engineer modifying the design or document shall cloud, encircle, or in some other way clearly indicate the portion of the design or document they are revising and refer the viewer to a separate design or document. (b) The Professional Engineer making the design revision shall seal and sign the separate design or document. (3) A Professional Engineer may modify a Registered Architect’s documents as follows: (a) The Professional Engineer shall only modify a Registered Architect’s documents if within the scope of practice of engineering and if competent by education and experience. (b) The Professional Engineer modifying a Registered Architect’s documents shall make modifications on separate documents that clearly indicate the portion of the Registered Architect’s documents being modified. (c) The Professional Engineer modifying a Registered Architect’s documents shall seal and sign the separate documents that provide the modifications. Statutory/Other Authority: ORS 670.310 & 672.255 Statutes/Other Implemented: ORS 672.002 - 672.325 History: Renumbered from 820-010-0622 by BEELS 7-2015, f. & cert. ef. 9-16-15 BEELS 3-2014, f. & cert. ef. 7-16-14 BEELS 3-2012, f. & cert. ef. 7-13-12 BEELS 2-2012, f. & cert. ef. 5-10-12 BEELS 2-2006, f. & cert. ef. 11-21-06 BEELS 1-2005, f. & cert. ef. 3-16-05
820-025-0025 Dual Stamping Documents No more than one registrant will seal documents unless it is clearly explained and denoted on the document by all registrants which portion of the work each registrant prepared and for which each registrant is responsible. Statutory/Other Authority: ORS 670.310 & 672.255 Statutes/Other Implemented: ORS 672.002 - 672.325 History: Renumbered from 820-010-0623 by BEELS 7-2015, f. & cert. ef. 9-16-15 BEELS 1-2004, f. & cert. ef. 1-26-04
820-030-0005 Definitions “Professional service” or “professional services,” as used in ORS 672.005, means providing labor that does not produce a tangible commodity, but that requires a high level of training and proficiency. Statutory/Other Authority: ORS 670.310, 672.005 & 672.255 Statutes/Other Implemented: ORS 672.002 - 672.325 History: BEELS 3-2016, f. & cert. ef. 2-16-16
820-030-0060 Filing Time and Place The registered professional land surveyors making a survey pursuant to ORS 209.250 shall submit for filing a complete record that contains all the elements listed in ORS 209.250(2)(3) in all affected counties within 45 days of establishment or reestablishment of any boundary monument or boundary reference monument. The 45-day limit will commence with the setting of the first monument, not the completion of the project. Statutory/Other Authority: ORS 670.310 & 672.255 Statutes/Other Implemented: ORS 672.002 - 672.325 History: BEELS 1-2009, f. & cert. ef. 5-15-09 BEELS 2-2001, f. & cert. ef. 9-14-01, Renumbered from 820-015-0020 EE 2-1986, f. 3-26-86, ef. 3-31-86
820-030-0070 Surveyor’s Seal and Signature Required In both ORS 209.250(2)(c) and (3)(g) the intent is that each page of the map and the last page of the narrative, if the narrative is a separate document, shall bear the seal and original signature of the professional land surveyor. Statutory/Other Authority: ORS 670.310 & 672.255 Statutes/Other Implemented: ORS 672.002 - 672.325 History: BEELS 2-2001, f. & cert. ef. 9-14-01, Renumbered from 820-015-0035 EE 1-1985, f. & ef. 8-5-85
820-030-0080 Survey Monument Marking A monument set by a registered professional land surveyor to mark or reference a point on a property or land line, or to mark or reference a geodetic control survey point, must be durably and visibly marked or tagged with the registered business name (Oregon only) or the letters “L.S.” followed by the registration number (Oregon only) of the surveyor in charge or, if the monument is set by a public officer, the monument must be marked with the official title of the office. 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
820-040-0010 Electrical Engineering (1) "Electrical engineering" is the design of the electric power, control, and fire and life safety systems with the following electrical services: (a) Below 250 volts, 96 Kva and above; (b) Above 250 volts, and less than 600 volts, 150 Kva and above; (c) Above 600 volts. (2) Example where the services of a registered engineer may be required include the design of electrical systems for the following: (a) Hospitals; (b) Nursing Homes; (c) Homes for Aged (with medical care and/or central dining facilities); (d) Retirement Homes (with medical care and/or central dining facilities); (e) Auditoriums (includes Concert Halls and Assembly Places for 100 or more persons); (f) Schools; (g) Gymnasiums; (h) Fraternal Buildings; (i) Structures under the purview of UBC 1807 with Oregon amendments; (j) Multi-family Dwellings; (k) Planned Unit Developments; (l) Retail Stores; (m) Office Buildings. (3) The Board recognizes that there may be some electrical systems in the above listed structures, which are not sufficiently complex to require the services of a registered engineer. These systems may be submitted to the Board prior to issue of a building permit, and the requirement for a registered engineer may be waived. (4) The design of electrical systems for the following structures are exempted from the requirements of subsection (1) of this rule: (a) Duplex dwellings and structures used in connection with or auxiliary to a single-family dwelling or a duplex dwelling. (b) Farm buildings and structures used in connection with or auxiliary to a farm building, public, commercial, industrial, or storage buildings where electric power use is limited to general purpose lighting, branch circuits not exceeding 60 amps, and the voltage not exceeding 250 volts. (c) Any electrical contractor whose practice includes the installation and fabrication of electrical systems which they install by virtue of a license issued under ORS 479.510 to 479.990, which requires an aggregate service capacity below that defined in subsection (1) of this rule is exempted from the requirements of subsection (1) of this rule. Statutory/Other Authority: ORS 670.310 & 672.255 Statutes/Other Implemented: ORS 672.002 - 672.325 History: BEELS 7-2021, minor correction filed 09/20/2021, effective 09/20/2021 BEELS 2-2001, f. & cert. ef. 9-14-01
820-040-0020 Structural Engineering "Structural Engineering" means that branch of professional engineering that provides analysis, design, evaluation or review of structures or their elements, parts or systems for support of external forces such as gravity, lateral loading, temperature, seismic influence, etc. (1) Structural engineering services for significant structures, as referred to in ORS 672.002 to 672.325, shall mean structural engineering for the primary structural frame or load resisting system and its elements or parts. The primary frame shall be that portion of the structure, which provides the overall stability of the structure. Elements, components, or parts of the structure, which are not part of the primary frame do not require the services of a professional structural engineer. (2) A "Structural Engineer" is a registered professional engineer who passes a structural engineering examination recognized by the Board and meets the other necessary qualifications for registration under ORS 672.002 to 672.325. Statutory/Other Authority: ORS 670.310 & 672.255 Statutes/Other Implemented: ORS 672.002 - 672.325 History: BEELS 2-2001, f. & cert. ef. 9-14-01
820-040-0040 Geotechnical Engineering (1) Geotechnical engineering is defined as the investigation and the evaluation of the physical and engineering properties of earth materials, such as soil and rock, including impacts of ground water and earthquakes, and their application to the design and construction of civil engineering works, such as foundations, earth dams, retaining walls, and similar, using soil and rock mechanics and earthquake engineering principles and related engineering laws, formula, and procedures. Further, the practice involves the application of soil and rock mechanics and related engineering laws and procedures to an evaluation of the performance of constructed civil engineering works as influenced by earth materials, groundwater, and earthquakes and to an evaluation of the performance, including stability, of natural and man-made slopes, including man-made fills and embankments, and for the design of mitigation measures to reduce risk and/or hazards as disclosed by the evaluation. (2) A "geotechnical engineer" is a registered professional engineer recognized by the Board to practice geotechnical engineering and who meets the other necessary qualifications for registration under ORS 672.002 to 672.325. 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 BEELS 1-2005, f. & cert. ef. 3-16-05 BEELS 1-2003, f. & cert. ef. 1-28-03
820-050-0010 Continuing Professional Development Requirements: Failure to Comply Requirements: (1) Certified Water Right Examiners are required to obtain 10 professional development hour (PDH) units in subjects related to the practice of water right examination. As used in this rule, “Water Right Examination” includes: courses or study related to water right applications and claims of beneficial use, Water Resources Department programs, water law, or other subjects related to the work of a Water Right Examiner. (2) For persons who hold registration as an engineer, land surveyor, or both, the number of PDH units required shall remain 30 PDH units per renewal period and may include the 10 PDH units required in OAR 820-050-0010(1)(a). (3) Any Certified Water Right Examiner who fails to satisfy the Continuing Professional Development requirements in subsection (1)(a) shall be subject to suspension or refusal to renew the certificate. Failure to satisfy the Continuing Professional Development requirements shall not be the sole basis for revocation of certificate. 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 1-2015, f. & cert. ef. 2-3-15 BEELS 1-2013, f. & cert. ef. 3-13-13
820-080-0005 Refunds and Charges (1) Application fees are non-refundable and will not be applied to future applications. (2) Rescore fees are non-refundable. (3) If the Board receives payment of any fees by check and the check is deposited and returned to the Board, the payor of the fees will be assessed a charge of $20 in addition to the required payment of the fees. 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 BEELS 5-2015(Temp), f. & cert. ef. 8-19-15 thru 2-12-16
820-080-0010 Fees For the purposes of ORS 672.155, the Board shall charge the following fees: (1) Registration application fee — $400. (2) Additional branch fee — $35. (3) Examination application fees: (a) Oregon Specific Acoustical examination — $55. (b) Oregon Specific Forest examination — $55. (c) Oregon Specific Land Surveying examination — $55. (4) Certified Water Right Examiner examination and certification application fee — $200. (5) Biennial registration renewal fee: (a) Professional engineer — $230.00. (b) Professional land surveyor — $230.00. (c) Professional photogrammetrist — $230.00. (d) Certified water right examiner — $80. (6) Delinquency renewal fee — $80 for any part of each biennial registration renewal period during delinquency. (7) Issuance of a temporary permit under ORS 672.109 or 672.127 — $100. (8) Declaration/issuance of an intern enrollment number — $35. (9) Re-issuance of professional wall certificate — $35. (10) Re-issuance of renewal certificate and pocket card — $10. (11) Verification of certification(s) and/or registration(s) — $15. (12) Issuance of certificate of registration under ORS 672.153, without examination based on experience — $290. (13) Reinstatement for inactive registrant or certificate holder — $50. (14) Reinstatement for retired registrant or certificate holder — $225. (15) Re-score of an Oregon specific examination item — $50. Statutory/Other Authority: ORS 670.310, 672.153, 672.155 & 672.255 Statutes/Other Implemented: ORS 672.002 - 672.325 History: BEELS 6-2021, amend filed 09/14/2021, effective 09/14/2021 BEELS 5-2017, f. & cert. ef. 9-15-17 BEELS 4-2017, f. & cert. ef. 7-12-17 BEELS 6-2016, f. & cert. ef. 10-4-16 BEELS 8-2015, f. & cert. ef. 11-13-15 BEELS 5-2015(Temp), f. & cert. ef. 8-19-15 thru 2-12-16
820-080-1000 Budget (1) Budget Contents. The Board’s budget is a financial plan containing estimates of expenditures and revenues for a biennium. (2) Budget Hearing. (a) On or before April 30 of every odd-numbered year, before adoption of its biennial budget, the Board will hold an open hearing on its approved budget. (b) All registrants of the Board shall be provided notice of the budget hearing no less than 30 days prior to the date of the scheduled hearing. (c) Conduct at the hearing shall be prescribed by the Budget Hearing Officer, and shall be announced at the hearing, prior to the opening of public testimony. (d) Testimony at the hearing shall be recorded and the Budget Hearing Officer may prepare a report on the hearing for the Board. (3) Spending Limit. The amount of $5,234,062 is established for the biennium beginning July 1, 2025, as the intended limit for payment of expenses from fees, moneys or other revenue, including miscellaneous receipts, collected or received by the Board. Statutory/Other Authority: ORS 182.462, 670.310, 672.155 & 672.255 Statutes/Other Implemented: ORS 672.002 - 672.325 History: BEELS 2-2025, amend filed 05/15/2025, effective 07/01/2025 BEELS 2-2023, amend filed 05/11/2023, effective 07/01/2023 BEELS 5-2021, amend filed 06/30/2021, effective 07/01/2021 BEELS 4-2021, amend filed 05/11/2021, effective 05/11/2021 BEELS 2-2020, amend filed 05/19/2020, effective 05/19/2020 BEELS 5-2019, amend filed 05/15/2019, effective 05/15/2019 BEELS 6-2018, amend filed 07/11/2018, effective 07/11/2018 BEELS 2-2017, f. 6-12-17, cert. ef. 7-1-17 BEELS 8-2015, f. & cert. ef. 11-13-15 BEELS 5-2015(Temp), f. & cert. ef. 8-19-15 thru 2-12-16
824-010-0005 Definitions (1) “Accredited college or university” means a college or university as listed in the Council on Higher Education database, or evaluated through the National Association of Credential Evaluations Services or World Education Services for equivalency. (2) “Affidavit of Licensure” has the meaning set forth in OAR 331-030-0040. (3) “Applied behavior analysis” has the definition set forth in ORS 676.802. (4) “Authorization” has the definition set forth in ORS 676.562. (5) “Autism spectrum disorder” has the definition set forth in Oregon Laws 2013, chapter 771 section 2(1)(B)(b): the meaning given that term in the fifth edition of the Diagnostic and Statistical Manual of Mental Disorders (DSM-5) published by the American Psychiatric Association. (6) “BACB” means the Behavior Analyst Certification Board, Incorporated. (7) “BCBA” means a Board Certified Behavior Analyst. (8) “BCaBA” means a Board Certified Assistant Behavior Analyst. (9) “Board” means the Behavior Analysis Regulatory Board. (10) “Declarant” means an individual who submitted a Declaration of Active Practice to the HLO pursuant to Oregon Laws 2013, chapter 771, section 4. For ease of reference, the note under ORS 676.806 (2015) quotes Oregon Laws 2013, chapter 771, section 4. (11) “Direct supervision” means the training or the observation of an interventionist or a declarant providing client services and at a minimum requires the participation of the supervisor, the interventionist or declarant and client. Participation can include remote supervision through Health Insurance Portability and Accountability Act-compliant technology, as long as it is synchronous audio and visual, and in real time. (12) “Indirect supervision” means supervisory functions including: training the interventionist or declarant without the client present, consulting with families or caregivers regarding interventionist or declarant service delivery, or completing evaluations or assessments of an interventionist or declarant without the client present. (13) “Interventionist” means a Behavior Analysis Interventionist. (14) “Licensed health care professional” has the definition set forth in ORS 676.802(2). (15) “Office” means the Health Licensing Office. (15) “Official transcript” means an original document certified by an accredited college or university indicating hours and types of course work, examinations and scores that the student has completed. The accredited college or university must submit the transcript by mail or courier directly to the Office in a sealed envelope. (16) “Ongoing supervision and training” means a supervisor is monitoring the service delivery of an interventionist by direct and indirect means. Statutory/Other Authority: ORS 676.802-676.830, ORS 676.990 & ORS 676.992 Statutes/Other Implemented: ORS 676.802-676.830, ORS 676.990 & ORS 676.992 History: BARB 3-2022, minor correction filed 10/21/2022, effective 10/21/2022 BARB 1-2018, minor correction filed 02/01/2018, effective 02/01/2018 BARB 1-2016, f. 11-22-16, cert. ef. 1-1-17 BARB 1-2015, f. 10-30-15, cert. ef. 11-1-15 BARB 1-2014, f. 10-21-14, cert. ef. 12-1-14
824-020-0040 Authorization Fees (1) Fees established by the Board are: (a) Applications: (A) Behavior Analyst – $150. (B) Assistant Behavior Analyst – $125. (C) Behavior Analysis Interventionist – $75. (b) Original license or registration – valid for one year: (A) Behavior Analyst – $200. (B) Assistant Behavior Analyst – $175. (C) Behavior Analysis Interventionist – $100. (c) Renewal of license or registration – valid for one year: (A) Behavior Analyst – $200. (B) Assistant Behavior Analyst – $175. (C) Behavior Analysis Interventionist – $100. (d) Other administrative fees: (A) Late renewal of license or registration – $50. (B) Replacement license or registration, including name change – $25. (C) Affidavit of Licensure – $50. (D) Administrative processing fee – $25. Statutory/Other Authority: ORS 676.802-676.830, ORS 676.990 & ORS 676.992 Statutes/Other Implemented: ORS 676.802-676.830, ORS 676.990 & ORS 676.992 History: BARB 2-2018, minor correction filed 02/01/2018, effective 02/01/2018 BARB 1-2015, f. 10-30-15, cert. ef. 11-1-15 BARB 1-2014, f. 10-21-14, cert. ef. 12-1-14
824-030-0010 Licensing of Behavior Analyst An individual applying for licensure as a Behavior Analyst must: (1) Submit a completed application form, which must contain the information listed in OAR 331- 030-0000 and be accompanied by payment of the required application fees. (2) Arrange for official documentation to be sent to the Office directly from the BACB proving: (a) For applicants the BACB certified as a Board Certified Behavior Analyst on or after January 1, 2022, the applicant satisfied the BACB’s January 1, 2022, requirements to be credentialed as a Board Certified Behavior Analyst. (b) For applicants the BACB certified as a Board Certified Behavior Analyst before January 1, 2022, the applicant satisfied the BACB’s requirements to be credentialed as a Board Certified Behavior Analyst that were in place on the date that the BACB certified the applicant. This subsection applies retroactively to applicants since October 16, 2014, who were required to be certified as a Board Certified Behavior Analyst. (3) Pass a fingerprint-based nationwide criminal records check pursuant to OAR 331-030-0004. (4) If applicable, submit an affidavit of licensure from any state where the individual holds or has held a license as a behavior analyst whether the license is active or inactive. (5) Submit required license fees. Statutory/Other Authority: ORS 676.802-676.830, ORS 676.990 & ORS 676.992 Statutes/Other Implemented: ORS 676.802-676.830, ORS 676.990 & ORS 676.992 History: BARB 1-2023, amend filed 01/20/2023, effective 02/01/2023 BARB 3-2018, minor correction filed 02/01/2018, effective 02/01/2018 BARB 1-2016, f. 11-22-16, cert. ef. 1-1-17 BARB 1-2015, f. 10-30-15, cert. ef. 11-1-15 BARB 1-2014, f. 10-21-14, cert. ef. 12-1-14