justicedao/ipfs_state_laws huggingface dataset:
809-025-0000 Definitions The following are definitions of terms used in this Division: (1) “Audit period” - the period for which the registrant’s continuing education activities are subject to audit by the Board. (2) “Continuing Education Activity” - a course or educational endeavor that has a clear purpose and objective and maintains, improves or expands the professional knowledge or skill of the registrant or develops new and relevant knowledge or skills in relation to the public practice of geology, as defined at ORS 672.505(7). (3) “Continuing Education Hour” - one (1) hour (with no less than fifty (50) minutes of direct involvement, commonly referred to as a contact hour) of an activity that meets the requirements of these rules. (4) “Pro bono service” - refers to professional services related to the public practice of geology, as defined at ORS 672.505(7), provided to the public or an organization without fee or other compensation. Services must draw upon the knowledge and skills of the registrant while also helping to maintain, improve, or enhance the registrant’s practice. Unbilled hours from a project done for compensation do not qualify as pro bono service. (5) “Renewal period” – the one (1) year period immediately preceding a registrant’s annual renewal date. For example, the renewal period for a registrant with a renewal date of May 31 begins June 1 of the previous year and runs through the renewal date. (6) “Self-directed educational activity” - A continuing education activity that: (a) Does not have a sponsor; (b) Is accounted for in terms of time spent completing the activity by the registrant; and (c) Is documented by the registrant instead of a sponsor. (7) “Sponsor” – an entity, such as but not necessarily limited to, an employer, professional organization, non-profit organization, university, or for-profit business, which provides a continuing education activity that the registrant completes to fulfill the continuing education activity requirements of these rules. (8) “Structured educational activity” - any continuing education activity that: (a) Has a sponsor; (b) Is documented by the sponsor and verifiable by the Board; and. (c) For academic coursework, the conversion of academic coursework credit to continuing education activity credit shall be as defined in 809-025-0015(2)(b). Statutory/Other Authority: ORS 670.310 & ORS 672.588 Statutes/Other Implemented: ORS 672.588 History: BGE 3-2020, adopt filed 06/03/2020, effective 01/01/2021
809-025-0010 Continuing Education Requirements (1) Each registrant shall complete eight (8) hours of qualifying continuing education activities during the annual renewal period as a condition of registration, with the exception of: (a) A registrant that is a Geologist-in-Training (GIT) is exempt from continuing education activity requirements. The Board encourages GITs to voluntarily complete continuing education activities. (b) A registrant granted an initial registration as a Registered Geologist under 809-030-0015 is exempt from continuing education activity requirements for the first year of registration with the Board; and (c) A registrant granted an exemption by the Board under 809-025-0040. (2) A registrant must certify through signature or electronic means at the time of renewal that the registrant has completed the minimum required number of hours of continuing education activities and maintained documentation of completion as required by these rules. (3) If a registrant exceeds eight (8) hours of qualifying structured or self-directed educational activities within the renewal period, the registrant may carry over up to eight (8) hours into the next renewal period. Hours in excess of eight (8) hours may not be carried over into the next renewal period. (4) These continuing education activity requirements are effective as of January 1, 2021. This means that a registrant, unless otherwise exempt under this rule, who applies for a registration renewal after January 1, 2022 must have completed the required continuing education activities in the 2021-2022 renewal year. A registrant must complete the annual continuing education activity hours in each subsequent renewal year after January 1, 2021, unless otherwise exempt under this rule in any given renewal year. Statutory/Other Authority: ORS 670.310 & ORS 672.588 Statutes/Other Implemented: ORS 672.588 & ORS 672.585 History: BGE 3-2020, adopt filed 06/03/2020, effective 01/01/2021
809-025-0020 Record Keeping (1) Each registrant is responsible for maintaining records that document completion of the continuing education activity requirements of these rules. Documentation shall support all continuing education activity hours claimed. (2) The registrant’s continuing education activity records shall contain at least the following documentation: (a) A log of continuing education activities completed using a Board-provided form and showing: (A) The type of activities claimed; (B) The sponsors, as applicable; (C) Contact information for the sponsors, as applicable; (D) The location and date of the activities; (E) The instructor or speaker names and titles, as applicable; and (F) The number of hours spent completing the activities and the continuing education hours earned. (b) Attendance verification records in the form of completion certificates or other documents provided by the sponsor and supporting evidence of attendance such as: (A) Certificates of completion; (B) Signed attendance receipts; (C) Paid receipts; or (D) A copy of a final attendee list. (c) If proof of attendance, as described in (2)(b) of this rule, is not provided by the sponsor and is not made available upon request made by the registrant to the sponsor, then a copy of the sign-in sheet, which includes the date, title, and presenter, along with the agenda may be submitted to verify participation for purposes of documenting continuing education activity credit. (d) In the absence of the documentation described in (2)(b) and (2)(c) or for a self-directed educational activity, described in 809-025-0015(2)(d), the registrant is required to prepare and retain a written summary of the continuing education activity including, at a minimum, the following information: (A) A brief description of the activity; (B) The date(s) and hours of the activity; (C) The location of the activity; (D) The continuing education activity hours claimed; and (E) A summary of how the activity related to the public practice of geology, as defined in ORS 672.505(7), and maintained, improved, expanded, or developed the professional knowledge or skills of the registrant. (3) The registrant shall retain continuing education activity documentation for a period of at least three (3) years. The registrant does not need to submit this documentation at the time of registration renewal. However, documentation shall be made available to the Board in a timely manner upon notice of selection for audit or upon other written request from the Board. Statutory/Other Authority: ORS 670.310 & ORS 672.588 Statutes/Other Implemented: ORS 672.588 History: BGE 3-2020, adopt filed 06/03/2020, effective 01/01/2021
809-025-0030 Special Considerations Registrants holding geology registrations or licenses in other jurisdictions may use continuing education activities completed in another jurisdiction to meet the continuing education activity requirements of the Board provided those continuing education activities and documentation also meet the Board’s requirements under these rules. Statutory/Other Authority: ORS 670.310 & ORS 672.588 Statutes/Other Implemented: ORS 672.588 History: BGE 3-2020, adopt filed 06/03/2020, effective 01/01/2021
809-025-0035 Restoration of Registration (1) In addition to Board requirements set forth for renewal and fees, a registrant requesting to restore a registration that is over one-hundred seventy-nine (179) days expired (i.e., beyond the renewal date) shall provide with the request for restoration of registration proof of completion of eight (8) continuing education activity hours as provided under this rule. A request for restoration of registration is incomplete if this proof of completion of continuing education activities is not provided. (2) Continuing education activities submitted for restoration of registration must have been completed within the two (2) year period immediately preceding the request for the restoration. Hours submitted for restoration of registration cannot be carried over into the registrant’s subsequent renewal period even if more than eight (8) hours were completed. (3) The Board may delegate the authority to approve restoration of registration to the Board Continuing Education Coordinator (CEC), Board Administrator, or other designee of the Board. Statutory/Other Authority: ORS 670.310 & ORS 672.588 Statutes/Other Implemented: ORS 672.585 & ORS 672.588 History: BGE 3-2020, adopt filed 06/03/2020, effective 01/01/2021
809-025-0040 Exemptions (1) Upon receipt of a written request, the Board, in its sole discretion, may exempt a registrant from the annual continuing education activity requirements as follows: (a) A registrant serving on active duty in the armed forces of the United States for a period of time exceeding one hundred twenty (120) consecutive days in a year may request a full exemption from or a reduction in the continuing education activity hours required for the renewal period; (b) A registrant experiencing disability, illness, or other extenuating circumstance which prevents the registrant from practicing or otherwise prevents the registrant from completing the required continuing education activity hours may request a full exemption from or a reduction in the continuing education activity hours required for the renewal period; and (c) A registrant working or travelling outside of the United States for an extended period of time during a renewal period as part of employment, humanitarian service, or another similar purpose in areas where continuing education activities cannot readily be accessed or completed may request a full exemption from or a reduction in the required continuing education hours for the renewal period. (2) A registrant requesting an exemption shall provide adequate documentation to support the request. The Board, in its sole discretion, may request additional documentation. A request for exemption is incomplete if the registrant does not provide the requested documentation. (3) The Board may, in its sole discretion, approve a full or partial exemption from the annual continuing education activity requirements based on the specific circumstances of each request. (4) The Board may delegate the authority to approve continuing education activity exemptions to the Board Continuing Education Coordinator (CEC), Board Administrator, or other designee of the Board. (5) Any exemption approved will be documented in writing from the Board to the registrant. (6) A registrant with need for an exemption must contact the Board as soon as feasible but at a minimum prior to the registrant’s renewal date. A request for exemption received after the registrant’s renewal date shall not be considered. (7) The Board may not approve requests for exemptions not submitted timely. A written request for exemption received by the Board after the registrant is notified by the Board of the registrant’s selection for a continuing education activity audit is not submitted timely. ( 8) A registrant may not be exempted from continuing education activity requirements solely due to not having actively engaged in the public practice of geology in Oregon during the renewal period. Statutory/Other Authority: ORS 670.310 & ORS 672.588 Statutes/Other Implemented: ORS 672.588 History: BGE 3-2020, adopt filed 06/03/2020, effective 01/01/2021
809-025-0045 Noncompliance Any violations of these continuing education activity rules may be misconduct for purposes of 809-020-0030. The following actions are violations of these rules and misconduct: (1) Failure to complete the required continuing education activities; (2) Failure to maintain the required documentation of completion of continuing education activities; (3) Failure to submit, upon written request of the Board, documentation which establishes that the requirements of these rules were met; (4) Failure to comply with any requirements of a Board audit finding; (5) Indicating through signature or electronic certification at the time of renewal or request for restoration of registration subject to 809-025-0035 that continuing education requirements were met when the registrant knew or could have known that this certification was not true. Statutory/Other Authority: ORS 670.310 & ORS 672.588 Statutes/Other Implemented: ORS 672.585, ORS 672.588, ORS 672.675 & ORS 672.690 History: BGE 3-2020, adopt filed 06/03/2020, effective 01/01/2021
809-030-0000 Supervision Standards To determine if an applicant’s or candidate's supervision meets the required qualifications, the Board may use the following standards: (1) The direction, closeness, or continual attention the supervisor has over the applicant’s or candidate's work. (2) The percentage of time the applicant’s or candidate's work was supervised. (3) The qualifications of the supervisor, including but not necessarily limited to consideration of professional registrations and licenses held by the supervisor. Statutory/Other Authority: ORS 670.310, ORS 672.555, 672.565 & 672.585 Statutes/Other Implemented: ORS 672.555, 672.565 & 672.585 History: BGE 1-2021, amend filed 03/09/2021, effective 03/10/2021 GE 1-1984, f. & ef. 2-1-84 GE 2-1978, f. & ef. 7-28-78
809-030-0005 Experience Standards To determine if an applicant's or candidate's work experience meets the required qualifications for examination, geologist registration, or engineering geologist certification, the Board may use the following standards: (1) The diversity and complexity of the applicant's or candidate's work. (2) Whether the applicant's or candidate's work was routine in nature, requiring a minimum level of knowledge, skill, or experience. (3) The amount of time the applicant or candidate was in responsible charge of geologic work, if applicable. (4) Whether reports prepared principally by the applicant or candidate demonstrate the knowledge, skill, and experience to perform geologic work. (5) The quality of the supervision, where required, pursuant to OAR 809-030-0000. Statutory/Other Authority: ORS 670.310, ORS 672.555 & 672.565 Statutes/Other Implemented: ORS 672.555 & 672.565 History: BGE 1-2021, amend filed 03/09/2021, effective 03/10/2021 BGE 1-2012, f. & cert. ef. 6-15-12 GE 1-1984, f. & ef. 2-1-84 GE 1-1982, f. & ef. 5-14-82 GE 1-1981, f. & ef. 8-3-81 GE 2-1978, f. & ef. 7-28-78
809-030-0010 Transcript Standards Applicants shall submit an official transcript for review by the Board. Statutory/Other Authority: ORS 193, 192 & 672 History: GE 1-1984, f. & ef. 2-1-84 GE 1-1983, f. & ef. 2-17-83
809-030-0025 Qualifications for Geologist Fundamentals Examination and Certification as a Geologist-in-Training (1) To qualify to take the geologist fundamentals section of the national examination, a candidate shall: (a) Have an undergraduate degree in geology, geological sciences, or earth science from an accredited college or university; or (b) Have successfully completed sufficient qualifying geology coursework, as specified in (2), from an accredited college or university. (2) A candidate must have successfully completed 45 quarter hours of qualifying geologic coursework, of which 36 quarter hours as presented in the official transcript of the candidate were upper division coursework from the following list or other upper division coursework substitutions approved by the Board: (a) Climate change science; (b) Coastal processes; (c) Economic geology; (d) Engineering geology; (e) Environmental geology; (f) Geochemistry or Hydrogeochemistry; (g) Geographic Information Systems (GIS); (h) Geology field camp; (i) Geology field methods; (j) Geomorphology; (k) Geophysics; (l) Geostatistics; (m) Glacial geology; (n) Groundwater hydrology; (o) Groundwater modelling; (p) Historical geology; (q) Hydrogeology; (r) Lithology; (s) Marine geology; (t) Mineral exploration; (u) Mineralogy, Optical mineralogy, or Clay mineralogy; (v) Paleopedology/paleosoils; (w) Petrography; (x) Petroleum geology; (y) Petrology; (z) Planetology; (aa) Remote sensing; (bb) Rock mechanics; (cc) Sedimentology; (dd) Seismology; (ee) Soil science; (ff) Stratigraphy; (gg) Structural geology; (hh) Tectonics; (ii) Volcanology. (3) The Board delegates to the Board application review coordinator the authority to approve coursework substitutions under (2) of this rule. (4) To qualify for registration as a Geologist-in-Training (GIT), an applicant must meet the following requirements: (a) Passed the fundamentals section of the national examination. An applicant who passed the fundamentals section of the national examination in another jurisdiction must provide official documentation of the examination score and also must demonstrate qualifying education as defined in (1) and (2) of this rule. (b) Submitted a complete application on forms provided by the Board; (c) Submitted applicable fees as per OAR 809-010-0001. (5) The GIT registration is a title only registration. A GIT is not authorized to independently practice geology for others or use the titles "Registered Geologist" or "Certified Engineering Geologist". Statutory/Other Authority: ORS 670.310, 672.555 & 672.575 Statutes/Other Implemented: ORS 672.535, 672.555 & 672.575 History: BGE 1-2021, amend filed 03/09/2021, effective 03/10/2021 BGE 1-2011, f. 6-21-11, cert. ef. 7-1-11 BGE 1-2008, f. & cert. ef. 3-20-08 BGE 1-2006, f. & cert. ef. 3-17-06 GE 1-1990, f. & cert. ef. 10-2-90 GE 1-1985, f. & ef. 7-1-85 GE 1-1984, f. & ef. 2-1-84
809-040-0000 Examination Application (1) Application for an examination or examination section shall be on forms provided by the Board and must be accompanied by the required fee(s), official transcript(s) of education, and, when applicable or requested by the Board, work experience verification(s). (2) The Board shall evaluate the candidate’s qualifications to determine that the prerequisites as prescribed by ORS 672.555–672.565 and applicable Board rules in OAR Chapter 809 Division 30 have been met before the candidate is allowed to take the requested examination or examination section. Statutory/Other Authority: ORS 182.466(4), 670.310, 672.575 & 672.705 Statutes/Other Implemented: ORS 672.555 to 672.595 History: BGE 1-2022, amend filed 10/26/2022, effective 11/01/2022 BGE 3-2019, amend filed 12/09/2019, effective 12/09/2019 BGE 1-2002, f. & cert. ef. 2-6-02 GE 1-1984, f. & ef. 2-1-84 GE 1-1981, f. & ef. 8-3-81 GE 2-1979, f. 10-2-79, ef. 10-3-79 GE 1-1979(Temp), f. & ef. 5-18-79
809-040-0001 Examination Application Deadlines (1) Application for the national examination (Fundamentals of Geology, Practice of Geology, or both examination sections) must be received at the Board office 100 calendar days prior to the examination administration date for which the candidate is applying except as provided in (3). (2) Application for the engineering geologist examination must be received at the Board office 75 calendar days prior to the examination administration date for which the candidate is applying. (3) Application resubmittals as addressed in OAR 809-040-0022 must be received at the Board office 75 calendar days prior to the examination administration date for which the candidate is applying. (4) The Board will notify candidates of approvals to take an examination or examination section. The Board, at its discretion, may send notification by mailed letter or email. Statutory/Other Authority: ORS 670.310(1) & 672.575 Statutes/Other Implemented: ORS 672.555 to 672.585 History: BGE 1-2022, amend filed 10/26/2022, effective 11/01/2022 BGE 3-2019, amend filed 12/09/2019, effective 12/09/2019 BGE 2-2014, f. & cert. ef. 12-5-14 BGE 4-2002, f. & cert. ef. 10-17-02 BGE 2-1999, f. & cert. ef. 11-8-99 GE 1-1984, f. & ef. 2-1-84
809-040-0002 Date of Examinations (1) The national examination (Fundamentals of Geology and Practice of Geology examination sections) is administered on the dates set by ASBOG and at testing centers of the ASBOG testing vendor. (2) The Board will generally administer the engineering geologist examination on the same dates as the national examination. (3) For the national examination (Fundamentals of Geology and Practice Geology examination sections), ASBOG or the ASBOG testing vendor make the determination as to any postponement or cancellation of examination administration. Candidates must contact ASBOG or the ASBOG testing vendor to request information on any postponement or cancellation of the examination. (4) The Board may, at its sole discretion, postpone or cancel an administration of the engineering geology examination. (a) The Board Chair and Board Administrator each have the authority to independently decide on behalf of the Board that an examination administration is postponed or cancelled. (b) To the extent practical, the Board Chair and Board Administrator shall: (A) Coordinate and strive to seek agreement between themselves before deciding to postpone or cancel an examination administration; and (B) Seek input from individual Board members and consider that input in the decision-making process. (5) Except when not practical due to extenuating circumstances, the Board will notify examination candidates as soon as possible by mailed letter, email, or telephone of a Board decision to postpone or cancel an administration of the engineering geologist examination. Statutory/Other Authority: ORS 670.310 & ORS 672.575 Statutes/Other Implemented: ORS 672.575 History: BGE 1-2022, amend filed 10/26/2022, effective 11/01/2022 BGE 5-2020, amend filed 12/14/2020, effective 12/15/2020 BGE 2-2020, temporary amend filed 06/01/2020, effective 06/01/2020 through 11/27/2020 BGE 3-2019, amend filed 12/09/2019, effective 12/09/2019 BGE 2-2005, f. & cert. ef. 9-28-05 BGE 1-2002, f. & cert. ef. 2-6-02 GE 1-1990, f. & cert. ef. 10-2-90 GE 1-1984, f. & ef. 2-1-84
809-040-0003 Examination Notice (1) The Board shall give written notice to each candidate of approval to take an examination or examination section. The Board, at its discretion, may send notice by mailed letter or email. (a) Candidates approved for the national examination (i.e., Fundamentals of Geology, Practice of Geology, or both examination sections) must confirm the time and location of the examination administration when registering with the ASBOG testing vendor. (b) For candidates approved to take the engineering geologist examination, the Board will provide the date, time, and location of the examination administration approximately 25 calendar days before the examination administration date. The Board, at its discretion, may send notification by mailed letter or email. (2) In the event of a Board decision to postpone an administration of the engineering geologist examination, the Board may provide notice under this rule of the new examination administration date in whatever timeframe the Board, in its sole discretion, considers practical. Generally, the Board will strive to provide notice of approximately 25 calendar days but in no case less than 7 calendar days before the rescheduled examination administration date. A candidate who is unable to take an examination on a rescheduled examination administration date can request to withdraw from the examination or request to take the examination at a future examination administration date through a resubmittal application as provided for in OAR 809-040-0022 and OAR 809-040-0023. Statutory/Other Authority: ORS 670.310(1) & 672.575 Statutes/Other Implemented: ORS 672.555 to 672.585 History: BGE 1-2022, amend filed 10/26/2022, effective 11/01/2022 BGE 5-2020, amend filed 12/14/2020, effective 12/15/2020 BGE 2-2020, temporary amend filed 06/01/2020, effective 06/01/2020 through 11/27/2020 BGE 3-2019, amend filed 12/09/2019, effective 12/09/2019 GE 1-1984, f. & ef. 2-1-84