justicedao/ipfs_state_laws huggingface dataset:
809-040-0004 Picture Identification (1) Picture identification shall be shown by all candidates before taking an examination or examination section as proof of identity. (2) The Board will accept a government issued identification card (must have candidate’s photo and signature) for entrance to the engineering geologist examination. (3) The ASBOG testing vendor determines the type(s) of picture identification accepted at their testing centers for entrance to take the ASBOG examination (Fundamentals of Geology and Practice Geology examination sections). Candidates for the ASBOG examination should contact the ASBOG testing vendor in advance of the exam if unsure about the type of picture identification that is accepted by the vendor. Statutory/Other Authority: ORS 670.310(1) & ORS 672.575 Statutes/Other Implemented: ORS 672.575 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 GE 1-1984, f. & ef. 2-1-84
809-040-0005 Examination Information and Accommodations (1) The examinations shall be "closed book.” (2) For the national examination, the ASBOG testing vendor shall provide a list of acceptable items that the candidate can bring to the testing center. For the engineering geologist examination, the Board shall provide a list of acceptable items that the candidate can bring to the examination site. (3) In the Board approval notice to take an examination or examination section, the candidate shall be informed of the length of time to be allowed for taking the examination or examination section. (4) Candidates shall not receive any assistance during an examination, except for reasonable accommodations provided under the Americans with Disabilities Act and related Oregon law. A request for reasonable accommodation must be received in the Board office no later than the application deadline found in OAR 809-040-0001. (a) The Board requires supporting documentation that explains why a requested accommodation is needed. The candidate must provide the Board with any additional documentation or information related to the requested accommodation that is requested by the Board. (b) The Board shall notify the candidate in writing of its decision on granting a requested accommodation. (c) For the national examination, the Board will notify the ASBOG testing vendor of approved accommodations. The Board will be responsible for paying the cost of any approved accommodations, but the candidate receiving accommodations must work directly with the ASBOG testing vendor on the implementation of approved accommodations. (d) For the engineering geologist examination administered by the Board, the Board will be responsible for paying the cost of approved accommodations and work directly with the candidate on the implementation of approved accommodations. Statutory/Other Authority: ORS 670.310(1) & ORS 672.575 Statutes/Other Implemented: ORS 672.575 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 1-1983, f. & ef. 2-17-83 GE 2-1982(Temp), f. & ef. 9-16-82 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
809-040-0006 Scope of Geologist Examination The national examination consists of: (1) The Fundamentals of Geology section testing knowledge of geology obtained during education in the geosciences; and (2) The Practice of Geology section testing knowledge, skills, and abilities gained by experience in the field and the ability to solve geologic problems. Statutory/Other Authority: ORS 670.310(1), 672.555 & ORS 672.575 Statutes/Other Implemented: ORS 672.575 & ORS 672.555(2)(c) 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 2-2005, 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
809-040-0008 Scope of Engineering Geologist Examination The engineering geologist examination shall be a written examination testing knowledge of engineering geology gained by the required experience in that specialty. Statutory/Other Authority: ORS 670.310(1), 672.565 & ORS 672.575 Statutes/Other Implemented: ORS 672.575 & ORS 672.565(2) History: BGE 3-2019, amend filed 12/09/2019, effective 12/09/2019 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
809-040-0009 Examination and Registration (1) A candidate for the Geologist-in-Training registration must pass the Fundamentals of Geology section of the national examination before applying to the Board for the Geologist-in-Training registration. (2) A candidate for the Registered Geologist registration must pass the Fundamentals of Geology and Practice of Geology sections of the national examination before applying to the Board for the Registered Geologist registration. (3) A candidate for the Certified Engineering Geologist registration must be a Registered Geologist as provided in OAR 809-030-0020(1)(a) and pass a Board accepted engineering geologist examination before applying to the Board for the Certified Engineering Geologist registration. Statutory/Other Authority: ORS 670.310(1), 672.555 & ORS 672.575 Statutes/Other Implemented: ORS 672.575 & ORS 672.555(3) 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 GE 1-1990, f. & cert. ef. 10-2-90 GE 1-1984, f. & ef. 2-1-84
809-040-0010 Scoring The minimum passing score for each the fundamental and the practical sections of the national examination shall be 70 percent. The passing score of the engineering geologist examination shall be 70 percent. Statutory/Other Authority: ORS 670.310(1), 672.555, 672.565, ORS 672.575 & 672.585 Statutes/Other Implemented: ORS 672.575, ORS 672.555(2)(c) & 672.565(2) History: BGE 3-2019, amend filed 12/09/2019, effective 12/09/2019 GE 1-1984, f. & ef. 2-1-84 GE 1-1983, f. & ef. 2-17-83 GE 2-1979, f. 10-2-79, ef. 10-3-79 GE 1-1979(Temp), f. & ef. 5-18-79
809-040-0011 Notice of Examination Score The Board will notify candidates of their examination scores. Scores may be provided as numeric or pass/fail scores. The Board, at its discretion, may send score notices 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 GE 1-1984, f. & ef. 2-1-84
809-040-0020 Review of Examination Test questions, scoring keys, and other data used to administer the national examination and the engineering geologist examination are confidential and may not be disclosed to candidates unless otherwise required by law. Statutory/Other Authority: ORS 192.345(4), 670.310(1) & ORS 672.575 Statutes/Other Implemented: ORS 672.575 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 4-2002, f. & cert. ef. 10-17-02 GE 2-1984, f. & ef. 9-5-84 GE 1-1984, f. & ef. 2-1-84 GE 2-1979, f. 10-2-79, ef. 10-3-79 GE 1-1979(Temp), f. & ef. 5-18-79
809-040-0021 Proctored Review for Engineering Geologist Examination (1) Candidates who do not pass the engineering geologist examination may request post examination review as described in this rule. (2) For purposes of this rule, a “proctored review” occurs when a candidate who took an examination is provided an opportunity to review what questions on the examination were answered correctly and incorrectly. (3) Only one proctored review is allowed for each candidate per examination administration. (4) Candidates must pay the fee charged by the Board for the costs of providing this service in accordance with the Board’s fee rule, OAR 809-010-0001. (5) A written request for a proctored review and the associated fee must be received by the Board office no later than 30 days after the Board’s release of the examination score to the candidate unless otherwise authorized in writing by the Board Administrator or a designee of the Board, which decision is within the sole discretion of the Board Administrator or designee. Statutory/Other Authority: ORS 672.555, 672.575, ORS 182.466(4), 670.310(1), 672.565 & ORS 672.705 Statutes/Other Implemented: ORS 672.705 & ORS 672.555 to 672.575 History: BGE 1-2024, amend filed 03/05/2024, effective 03/05/2024 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 2-2013, f. & cert. ef. 9-24-13 BGE 4-2002, f. & cert. ef. 10-17-02 BGE 1-2002, f. & cert. ef. 2-6-02 GE 2-1984, f. & ef. 9-5-84 GE 1-1984, f. & ef. 2-1-84
809-040-0022 Resubmittal for Examination (1) For purposes of this rule, a resubmittal application is required to: (a) Take an examination or examination section again that a candidate did not pass; or (b) Take an examination or examination section for which the candidate had been previously approved but was not able to take the examination. (2) Candidates requesting resubmittal for a future national examination administration (Fundamentals of Geology and Practice of Geology sections) must submit a resubmittal application and the resubmittal processing fee. (3) Certified Engineering Geologist Candidates requesting resubmittal for a future certified engineering geologist examination must submit a resubmittal application, the resubmittal processing fee, and the examination fee to be identified by the Board as a candidate approved for a future certified engineering geologists examination administration. (4) Resubmittal applications must be received in the Board office by the applicable deadline specified in OAR 809-040-0001. 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 1-2002, f. & cert. ef. 2-6-02 GE 1-1988, f. 11-18-88 & cert. ef. 12-1-88 GE 1-1984, f. & ef. 2-1-84
809-040-0023 Withdrawal from Examination or Rescheduling Examination (1) A candidate can request in writing to withdraw an application to take an examination but forfeits the application fee paid to the Board. (2) For application withdrawal, the following restrictions also apply: (a) For the engineering geologist examination, the examination fee paid to the Board is refundable only when authorized and approved by the Board or its designee in its sole discretion under OAR 809-040-0030. Any refund will be of the examination fee only, as the application fee is non-refundable. A written request for refund is required. If such request is received after the examination administration date, the refund may only be approved by the Board or its designee, acting in its sole discretion, if the candidate provides adequate information explaining the failure to show and reason for not timely requesting to withdraw from the administration. (b) For the national examination, the candidate is subject to the policies of the ASBOG testing vendor for withdrawing from examination, including any restrictions on refund of examination fees paid via the testing vendor and any processing fee charged by the test vendor. (3) After Board approval is granted to take an examination or examination section, a candidate may request rescheduling to a later examination administration or request to retake a failed examination via a resubmittal application. The candidate’s resubmittal application for purposes of rescheduling or retaking examination must be received in the Board office by the Board’s resubmittal application deadline in OAR 809-040-0001(3). The examination resubmittal fee set in OAR 809-010-0001 applies. Statutory/Other Authority: ORS 182.466(4), 670.310(1), 672.555, 672.585 & ORS 672.705 Statutes/Other Implemented: ORS 672.705 & ORS 672.555 to 672.585 History: BGE 1-2024, amend filed 03/05/2024, effective 03/05/2024 BGE 1-2022, amend filed 10/26/2022, effective 11/01/2022 BGE 4-2021, temporary amend filed 12/07/2021, effective 12/08/2021 through 06/05/2022 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
809-050-0000 Use of Seal A facsimile of a registrant's seal shall be affixed to final products created in the public practice of geology. (1) A Registered Geologist shall use a seal bearing the Registered Geologist's name, certificate number, and registration title, as shown in Exhibit 1 of this rule. The Registered Geologist seal must be at least 1.5 inches in diameter from point to point. A Registered Geologist may use an electronic seal that meets these requirements. (2) A Certified Engineering Geologist shall use a seal bearing the Certified Engineering Geologist's name, certificate number, and registration title, as shown in Exhibit 2 of this rule. The Certified Engineering Geologist seal must be at least 1.5 inches in diameter from point to point. A Certified Engineering Geologist may use an electronic seal that meets these requirements. (3) Draft geology or specialty geology products or documents clearly marked as draft do not require a geologist's seal. (4) If a stand-alone report is sealed by the registrant responsible for the work, then individual work products prepared by the registrant and compiled in the report, for example geology figures, maps, and logs, do not need to be individually sealed. The geology products within a stand-alone report not prepared by the registrant that seals the report shall be individually sealed by the registrant(s) who prepared those products. (5) Final geology work products not included in a compiled report, such as boring logs, shall be individually sealed and signed. (6) A registrant who seals and signs a final version of a geology product must be in responsible charge for the geology content of that product. [ED. NOTE: Exhibits referenced are available from the agency.] Statutory/Other Authority: ORS 672.515, 672.545, 672.555, 672.565, 672.585, 672.595 & 672.605 Statutes/Other Implemented: ORS 672.505 - 672.705 History: BGE 1-2012, f. & cert. ef. 6-15-12 BGE 2-2006, f. & cert. ef. 6-26-06 BGE 8-2004, f. & cert. ef. 8-5-04 BGE 2-2002, f. & cert. ef. 4-15-02 GE 1-1984, f. & ef. 2-1-84
809-050-0005 Signature (1) After the registrant’s seal has been applied to the original or record copy, the registrant shall place the registrant’s handwritten signature in permanent ink across the seal. The registrant shall write the word “Expires” followed by the registration expiration date directly below the seal. This requirement applies unless a digital signature is used as provided under Section (2). (2) For an electronic or digital document, an electronic or digital signature is acceptable as allowed by ORS 84.001 to 84.064. (3) An electronic or digital signature must be: (a) Unique to the registrant using it; (b) Under the direct control of the registrant, (c) Verifiable, and (d) Include the registrant’s expiration date immediately preceded by the word “Expires”. (4) Each displayed copy of and each hard copy printed from a transmitted or stored electronic document containing an electronic or digital signature shall bear the seal and the signature. (5) If the electronic or digital document with an electronic or digital signature is altered in any manner, the seal is no longer valid and the document can no longer be considered prepared or approved by or under the direction of a Registered Geologist. (6) The use of an electronic or digital signature by any person other than the owner may be grounds for disciplinary action. Statutory/Other Authority: ORS Chapter 183 & 670.310 Statutes/Other Implemented: ORS 672.605 History: BGE 1-2011, f. 6-21-11, cert. ef. 7-1-11
809-050-0010 Qualifications for Cooperative Registration or Temporary Permits (1) To qualify for cooperative registration as a geologist, the applicant shall: (a) Hold a valid registration, obtained by passing the ASBOG examination, from a state, territory or possession of the United States or the District of Columbia, as verified by the Administrator; (b) Meet the education, experience, and exam requirements of OAR 809-030-0015(1), including passing the ASBOG practice examination and demonstrating a minimum of seven years qualifying geology experience; (c) Apply for registration on forms provided by the Board; and (d) Submit the required fee(s) as per OAR 809-010-0001. (2) To qualify for cooperative certification as an engineering geologist, the applicant shall: (a) First receive cooperative registration as geologist from the Board; (b) Provide evidence of passing a certification examination approved by the Board for engineering geologists as per OAR 809-005-0000, 809-030-0020, and 809-040-0008; (c) Submit a complete application on forms provided by the Board; and (d) Submit applicable fees as per OAR 809-010-0001. (3) To qualify for a 60-day temporary permits to engage in the public practice of geology, non-registrants must: (a) Submit an application on a form provided by the Board; (b) Pay appropriate application fees as per OAR 809-010-0001; (c) Not reside in Oregon or have an established place of business in Oregon; (d) hold a current registration or certification to practice geology from another state, territory or possession of the United States or the District of Columbia, as verified by the Administrator; and (e) explain how work will be limited to one period of 60 consecutive days in the calendar year. Statutory/Other Authority: ORS 672.515, 672.545, 672.555, 672.565, 672.585, 672.595 & 672.605 Statutes/Other Implemented: ORS 672.505-672.705 History: BGE 1-2012, f. & cert. ef. 6-15-12 BGE 2-2005, f. & cert. ef. 9-28-05 BGE 2-2002, f. & cert. ef. 4-15-02 BGE 1-2000, f. & cert. ef. 8-3-00 GE 1-1990, f. & cert. ef. 10-2-90 GE 3-1986, f. & ef. 7-15-86 GE 2-1986, f. & ef. 3-5-86 GE 1-1984, f. & ef. 2-1-84
809-050-0050 Required Application Information (1) The Board will not issue or renew any registration or specialty certification unless an applicant or registrant provides his or her Social Security Number on the application or renewal form. (a) A registrant need not provide the Social Security Number on the renewal form if the Social Security Number has been previously provided to the Board and is in the record. (b) An applicant need not provide the Social Security number on a subsequent application if the Social Security Number has been previously provided to the Board and remains in the record. (2) If an individual has not been issued a Social Security Number by the United States Social Security Administration, the Board will accept a written statement from the applicant to fulfill the requirements of OAR 809-050-0050(1) and this rule. The individual may, but is not required to, submit the written statement on a form provided by the Board. Any written statement submitted must: (a) Be signed by the individual; (b) Attest to the fact that no Social Security Number has been issued to the individual by the United States Social Security Administration; (c) Assert that the information provided about the Social Security Number is true and correct; and (d) Acknowledge that knowingly supplying false information under this section is as crime. (3) Individuals must provide Social Security Numbers as required by ORS 25.785, 305.385, 42 USC § 666(a)(13), and 42 USC § 405(c)(2)(C)(i) for child support enforcement purposes and Department of Revenue purposes. Statutory/Other Authority: ORS 670.310, 25.785, 305.385, 42 USC §666 & 42 USC §405 Statutes/Other Implemented: 672.555, 672.565, 672.585, 672.595, 25.785 & 305.385 History: BGE 2-2014, f. & cert. ef. 12-5-14 BGE 1-2014(Temp), f. & cert. ef. 9-15-14 thru 3-13-15 BGE 10-2004, f. & cert.ef. 10-19-04
809-055-0010 Contested Case Proceedings The State Board of Geologist Examiners adopts the Attorney General’s Model Rules for Contested Case Proceedings, OAR 137-003-0501 to 137-003-0700, as the rules of procedure for contested cases. Statutory/Other Authority: ORS 183.341 & 670.310(1) Statutes/Other Implemented: ORS 183.310 - 183.550 & 670.325 History: BGE 1-2002, f. & cert. ef. 2-6-02
809-055-0020 Contested Case Procedure (1) A hearing request shall be made in writing to the Board by the party or his/her representative within 30 days of the mailing date of the Notice of Proposed Action. (2) Each request for hearing must include an answer containing: (a) An admission or denial of each factual matter alleged in the notice; and (b) A short and plain statement of each relevant affirmative defense the party may have. Statutory/Other Authority: ORS 183.341 & 670.310(1) Statutes/Other Implemented: ORS 183.310 - 183.550 & 670.325 History: BGE 1-2002, f. & cert. ef. 2-6-02
809-060-0001 Appointment of Board Members (1) The Public Member shall be appointed by the Governor. (2) The Governor may select and appoint any qualified Registered Geologist to fill a Board geologist position. (3) If the Governor does not appoint a licensee to fill the expired term of an existing Board member, those members shall continue to serve until replaced. Statutory/Other Authority: ORS 670.310, SB 546 & SB 1126 Statutes/Other Implemented: ORS 672.505 - 672.705 History: BGE 1-2000, f. & cert. ef. 8-3-00 BGE 3-1998, f.10-16-98, cert. ef. 10-21-98
809-060-0002 Vacancies (1) A vacancy exists when a Board member completes the term for that position, resigns, becomes incapacitated, or otherwise is incapable of performing the duties of a Board member, or is removed from office or is not re-appointed by the Governor upon expiration of the member’s current term. (2) Notwithstanding subsection (1) of this section, a vacancy does not exist when an actively sitting Board member completes the member’s first full term, so long as the member is re-appointed by the Governor to a second full term. A member who is eligible for re-appointment shall be given notice by the Board of such eligibility; and within 20 days after such notice, give the Board and the Governor written notices of their intention to seek re-appointment not later than 120 days before the expiration of the member’s term. Statutory/Other Authority: ORS 670.310 & SB 546 Statutes/Other Implemented: ORS 672.505 - 672.705 History: BGE 1-2000, f. & cert. ef. 8-3-00 BGE 3-1998, f.10-16-98, cert. ef. 10-21-98
809-060-0003 Qualifications for Membership on the Board (1) A registrant is qualified to seek nomination for Board membership if: (a) The registrant holds an active registration with the Board; and (b) Has lived in the State of Oregon for at least one year preceding appointment to the Board; and (c) Has been registered with the Board for at least one year preceding appointment to the Board. (2) Notwithstanding subsection (1) of this section, a registrant is not qualified for nomination to Board membership if the registrant has been convicted, plead guilty, or plead nolo contendere to any criminal charge if the relationship of the facts which support the charge and all intervening circumstances tend to show that the registrant is not fit to hold the position, in the discretion of the Board. (3) A registrant is not qualified for nomination to Board membership if the registrant, within the previous five years, has been reprimanded, suspended, or revoked by the Board for a violation of ORS Chapter 672 or the rules adopted by the Board. Statutory/Other Authority: ORS 670.310 & SB 546 Statutes/Other Implemented: ORS 672.505 - 672.705 History: BGE 1-2002, f. & cert. ef. 2-6-02 BGE 1-2000, f. & cert. ef. 8-3-00 BGE 3-1998, f.10-16-98, cert. ef. 10-21-98